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Home My WebLink About20093434.tiffWeld County Planning Department GREELEY OFFICE j 11� W6�Yc COLORADO MEMORANDUM AUG 202009 RECEIVED TO: Jacqueline Hatch, Planning Services DATE: August 20, 2009 FROM: Donald Carroll, Engineering Administrator SUBJECT: USR-1700, Communications Tower Facility for Noble Energy The Weld County Public Works Department has reviewed both plats and find them acceptable for recording. pc: USR-1700 SE -1139 M:\PLANNING — DEVELOPMENT REVIEW\USR-Use by Special Review \USR-1700\USR-1700, SE-1139.DOC 2009-3434 • [-I Ilt TETRA TECH August 3, 2009 Mr. Kim Ogle Planning Director Weld County Department of Planning Services 918 10`" Street Greeley, CO 80631 RE: Conditions of Approval for Noble Energy, USR-1700; A Major Facility of a Public Utility, Site Specific Development Plan and Use by Special Review Permit #1700 for a Communication Tower in the A (Agricultural) Zone District; Tetra Tech Job #133-35719- 09002 Dear Kim: This letter outlines the conditions of approval for the Use by Special Review Permit (USR-1700) for the Noble Energy "Wardell" Communication Tower and how the conditions have been addressed: Conditions prior to recording the plat: 2.A. The applicant shall address the requirements of the Weld County Department of Public Works as stated in the referral received May 8, 2009. Written evidence of such shall be provided to the Department of Planning Services. A memo to the Weld County Planning Commission and a letter to Don Carroll (enclosed) were both submitted to Jacqueline Hatch and Don Carroll regarding the Public Works Department referral and it was determined that this condition has been met. 2.B The applicant shall attempt to address the requirements of the Colorado Division of Wildlife as stated in the referral received May 12, 2009. Written evidence of such shall be provided to the Department of Planning Services. A memo to the Weld County Planning Commission and a letter to Larry Rogstadt, Colorado Division of Wildlife (enclosed) were both submitted to Jacqueline Hatch and it was determined that this condition has been met. 2.C. The applicant shall address the requirements of the Weld County Department of Building Inspection as stated in the referral received June 9, 2009. Written evidence of such shall be provided to the Department of Planning Services. A memo to the Weld County Planning Commission and a letter to Frank Piacentino, Weld County Building Inspection (enclosed) were both submitted to Jacqueline Hatch and it was determined that this condition has been met. 2.D. The Subdivision Exemption SE -1139 plat shall be submitted for recording. Please see the enclosed letter regarding the conditions of approval for SE -1139 and three paper copies of the SE plat. Mylars for SE -1139 and USR-1700 will be submitted concurrently when ready for recording. E TETRA TECH Mr. Kim Ogle August 3, 2009 Page 2 2.E. The applicant shall submit a recorded access agreement for the proposed facility to the Department of Planning Services. A recorded access agreement for the proposed facility is included with the recorded License Agreement between Roy Wardell and Noble Energy. It was discussed during the Planning Commission hearing that this document would be adequate since it defines the access for the Communication Tower. An exhibit is attached to the License Agreement showing the location of the access. This condition has been met. 2.F. The plat shall be amended to delineate the following: 1. All sheets of the plat shall be labeled USR-1700. Complete 2. The plat shall be prepared in accordance with Section 23-2-260.D. and 23-2-380 of the Weld County Code. Complete 3. The attached Development Standards. Complete 4. The plat shall reference the recoding information for the lease on the property, including descriptions of the placement of guy wire base locations and the access road. Complete 5. Signature blocks for the Weld County Planning Commission and Property Owners shall be indicated on the plat per Section 23-2-380.D.3 of the Weld County Code. Complete 6. County Road 32 is designated on the Weld County Road Classification Plan as a collector road, which requires 80 feet of right-of-way. There is presently 60 feet of right-of-way. The applicant shall verify and delineate on the plat the existing and future right-of-way. The existing right-of-way is verified on the plat with book and page numbers and the future right-of-way of an additional I0' on the south side of WCR 32 is shown on the plat. 7. The recorded access agreement and location shall be delineated on the plat Complete 8. The fall zone shall be delineated on the plat. Complete 2.G. There was no condition 2.G. on the Planning Commission Resolution. 2.H. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Three paper copies of the plat are attached for your review and approval Upon approval, a mylar will be submitted with the appropriate signatures. At this time all conditions have been met and we are formally requesting to submit the mylar plat for recording. Please contact me to let me know the status of our request and if you have any questions. Thank you for your consideration of this matter. Sincerely, TETRA TECH etc/ Julie A Cozad Land Planning Manager cc: Greg Pickerel, Noble Energy P:\357I9\I 33-35719-09002\ProjMgmt\Correspondence\Letters\Weld County\Final COA IetterUSR080309.doc ItTETRA TECH August 3, 2009 Mr. Kim Ogle Planning Director Weld County Department of Planning Services 918 10`h Street Greeley, CO 80631 RE: Conditions of Approval for Noble Energy, SE -1139; Subdivision Exemption for a Public Utility Facility in the A (Agricultural) Zone District; Tetra Tech Job #133-35719- 09002 Dear Kim: This letter outlines the conditions of approval for the Subdivision Exemption Permit (SE -1139) for the Noble Energy "Wardell" Communication Tower and how the conditions have been addressed: Conditions prior to recording the plat: 1.A. The plat shall be titled: Subdivision Exemption No. 1139. This item is complete. 1.B The applicant shall submit to the Weld County Department of Planning Services a recorded copy of any agreement signed by all of the owners of the property crossed by the access. The access shall be for ingress and egress and shall be reference on the plat by the Weld County Clerk and Recorders reception number. A License Agreement between Roy Wardell, property owner and Noble Energy addresses access to and from the Communication Tower and has been recorded. The reception number for this access is delineated on the plat. 1.C. All approved accesses shall be clearly shown on the plat. The applicant shall contact the Weld County Department of Public Works to determine if a culvert is necessary at any approved road access point. If a drainage culvert is required, a 15 inch Corrugated Metal Pipe (CMP) is Weld County's minimum size. If the applicant chooses to place a larger culvert please contact the Weld County Department of Public Works to adequately size the culvert. The access to the facility is an existing oil and gas access and will be utilized for the Communication Tower once per month or less. The access is shown on the SE plat map. If any new culverts are required in the future, the applicant will contact the Weld County Department of Public Works. TETRA TECH Mr. Kim Ogle August 3, 2009 Page 2 1.D. County Road 32 is designated on the Weld County Road Classification Plan as a collector status road, which requires 80 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. An additional 10 feet shall be delineated on the plat as future County Road 32 right-of-way. All setbacks shall be measured from the edge of future right-of-way. The applicant shall verify and delineate on the plat the existing and future right-of-way and the documents creating the right-of-way. This road is maintained by Weld County. The existing right-of-way is verified on the plat with book and page numbers and the future right-of-way of an additional 10' on the south side of WCR 32 is shown on the plat 1.E. The applicant shall address the requirements (concerns) of the Weld County Department of Public Works, as stated in the referral response received May 8, 2009. Evidence of such shall be submitted in writing to the weld County Department of Planning Services. The applicant shall submit a recorded access agreement for the proposed facility to the Department of Planning Services. A recorded access agreement for the proposed facility is included with the recorded License Agreement between Roy Wardell and Noble Energy. It was discussed during the Planning Commission hearing that this document would be adequate since it defines the access for the Communication Tower. An exhibit is attached to the License Agreement showing the location of the access. This condition has been met 1.F. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. A Statement of Taxes is enclosed with this letter showing that all taxes are paid for 2009 on the original parcel. 1.G. The Subdivision Exemption (SE) boundary shall include the entire communication tower site. The SE boundary is the same boundary as the USR boundary as was discussed with the Weld County Planning Commission during the Public Hearing on Tuesday, July 7, 2009. 1.H. The notes provided in the staff comments (Notes I through 9) have been placed on the enclosed SE plat The following conditions of approval do not follow the correct numbering and are listed as conditions 6-8: 6. Two paper copies of the SE plat are enclosed with this letter for preliminary approval. Upon approval of the paper copies, the mylar plat will be submitted to the Planning Department for recording. P:\35719\133-35719-09002 ProjMgmt \ Correspondence \ Letters \ Weld County\Final COA IetterSE080309.doc [IIIb TETRA TECH 7. A digital copy of the Subdivision Exemption will be supplied to the Department of Planning at the time of submittal of the mylar plat 8. All conditions of the Subdivision Exemption have been met Mr. Kim Ogle August 3, 2009 Page 3 At this time all conditions have been met and we are formally requesting to submit the mylar plat for recording. Please contact me to let me know the status of our request and if you have any questions. Thank you for your consideration of this matter. Sincerely, TETRA TECH Julie A Cozad Land Planning Manager cc: Greg Pickerel, Noble Energy P:\35719\133-35719-09002\ProjMgmt\Correspondence\Letters\Weld County\Final COA letterSE080309.doc Weld County Treasurer Statement of Taxes Due Account Number R4950086 Assessed To Parcel 121319000003 WARDELL ROY T 16512 ESSEX RD N PLATTEVILLE, CO 80651 Legal Description 11455 W2 19-3-65 (2R) Situs Address Year 2008 Charges Tax Billed $62.55 Payments $62.55 Balance $0.00 Grand Total Due as of 07/31/2009 $0.00 Tax Billed at 2008 Rates for Tax Area 2198 - 2198 Authority WELD COUNTY SCHOOL DIST RE1 CENTRAL COLORADO WATER (CCW PLATTEVILLE - GILCREST FIRE AIMS JUNIOR COL HIGH PLAINS LIBRARY Taxes Billed 2008 ' Credit Levy Mill Levy 16.804000' 9.367000 0.540000' 3.803000 6.323000 3.260000 Amount $26.21 $14.61 $0.84 $5.93 $9.87 $5.09 40.097000 $62.55 Values Actual Assessed AG -GRAZING LAND $5,245 $1,520 AG -WASTE LAND $124 $40 Total $5,369 $1,560 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES - AUGUST 1, REAL PROPERTY - AUGUST 1. Weld County Treasurer P.O. Box 458, Greeley CO 80632 1400 N 17111 Ave, Greeley CO 80631 (970) 353-3845 ext. 3290 Weld County Treasurer Account Parcel Number Receipt Date R4950086 121319000003 Apr 30, 2009 WARDELL ROY T 16512 ESSEX RD N PLATTEVILLE, CO 80651 Receipt Number 2009-05-01-10-1436-P Situs Address Payor Legal Description 11455 W2 19-3-65 (2R) Property Code AG -GRAZING LAND - 4147 AG -WASTE LAND - 4167 Payments Received Net Vantage Check Number 7980 Net Vantage Check Number 7981 Payments Applied Year Charges 2008 Tax Billed $62.55 Actual Assessed Year Area Mill Levy 5,245 1,520 2008 2198 40.097 124 40 2008 2198 40.097 Thank you for your payment all payments subject to final bank clearance Prior Payments $0.00 Multi -Account Payment Multi -Account Payment New Payments $62.55 Balance $0.00 $62.55 $0.00 ST .3 '1 (2..C. CC- Lzicc A LICENSE FOR USE OF PROPERTY AS A COMMUNICATIONS SITE TO TRANSMIT DATA FROM OIL AND GAS OPERATIONS i THIS LICENSE AGREEMENT is made by Roy T. Wardell, an individual residing in Platteville Colorado ("Grantor') and Noble Energy, Inc, a corporation whose address is 1625 Broadway, Suite 2200, Denver, Colorado 80202 ("Grantee")(each may be referenced as "Party" or collectively as "Parties"). The Parties acknowledge this document to be the Agreement of their promises and obligations under the following terms and conditions: SECTION A GRANT OF LICENSE The Grantor owns real property ("Property") described in Addendum A, attached and incorporated into this Agreement Grantor grants to Grantee a License to construct, operate and maintain a wireless communication facility for use to transmit Grantee's oil and gas field data, as further defined below. SECTION B PERMITTED USE UNDER THE LICENSE Under this License the Grantee may install, place, use and operate on the Property: one omnidirectional antenna with a supporting structure, radio transmitting equipment (including up to four (4) two foot parabolic antennae), conduits, wires including guy wires, batteries, generators, utility lines and supporting structures, fencing, telephone facilities, microwave equipment. buildings and shelters, control rooms and related equipment ("Facilities"), limited as follows: (1) There will no lighting on or around the Facilities visible from the exterior, other than during regular or emergency maintenance or repair. All lighting will be of a temporary nature, illuminated only during the period of maintenance or repair. There shall be no routinely -used lighting on the antenna or tower. (2) The Grantee's Facilities shall not interfere with communications configurations, frequencies or operating equipment that exist on the Property, (3) The Grantee shall have the right to access the Property as necessary, via a route approved by the Grantor. (4) Grantee, at its sole expense, shall pay all costs of electricity on the Property. Its placement of equipment for electricity Is subject to the consent of the Grantor. (5) Grantor, at his sole expense, shall have the right to connect to Grantee's electrical line, provided It doesn't interfere with Grantee's business. Grantor will pay for his electrical usage. (6) The antenna and supporting structure shall be no higher than 188 feet SECTION C TERM OF THE LICENSE The term of the License is 99 years, unless terminated early by the Grantee. The Grantee may terminate this Agreement upon written notice to the Grantor. If the Grantee gives notice of termination within 90 days from execution of this Agreement, the Grantor and Grantee shall be relieved of all obligations under this License which shall be null and void, except the Grantee will pay the Grantor the sum fothe time an cost of developing this License Agreement This cense is conditioned upon Grantee obtaining all Page 1 of 4 governmental licenses, permits and approvals enabling Grantee to operate a wireless communication facility on the Property. At the option of the Grantor, upon termination of the License the Grantee shall remove its Facilities, including all foundations, conduits, anchors and supporting structures from the Propeity within 180 days or assign ownership to the Grantor. SECTION D COMPENSATION FOR THE LICENSSE Within 90 days of execution of this Agreement or at sof construction, whichever occurs first, the Grantee shall pay the Grantor the sum o subject to Grantee obtaining all governmental licenses, permits and approvals as noted in S •CTION C. SECTION E DAMAGE TO GRANTOR'S PROPERTY Grantee shall exercise due care to avoid damage to Grantor's property and other personal property of Grantor. At the option of the Grantor, the Grantee shall repair, restore, replace, or pay Grantor the reasonable costs for repairing, restoring, or replacing damage to Grantor's property and personal property caused by Grantee's agents or employees performing work on the Property or the Facilities. SECTION F GATES AND FENCES Grantee acknowledges the Property may be used for livestock operations. During Grantee's operations on the Property, Grantee shall keep all gates and fences in the condition (open or closed) in which they are found at the time of Grantee's entry onto the Property. SECTION G MISCELLANEOUS 1. Blue Lin DIY TIP Should any court with jurisdiction find any provisions of this Agreement invalid, void or unenforceable, all remaining provisions remain in effect 2. Construction Llena Grantee will keep the Property free of construction liens on the Property from Grantee's construction of Facilities. 3. Liability Insurance And Indemnification Grantee shall maintain adequate liability insurance. Grantee and Grantor will defend, indemnify and hold harmless the other Party for claims for injuries or death to it's respective employees or it's contractors as well as damage or loss of respective property of Party or it's contractors except for gross negligence of the Party, its employees, agents or subcontractors on the Property. 4. Estoppel Certificatg Grantor shall execute Estoppel Certificates as Grantee requests. S. Federal. State. And Local Taxes The Grantee shall be responsible for taxes that result from the Grantee's use of the License, or taxes upon the Facilities of the Grantee. 6. )nteeratio0 The Agreement is the complete accord of the Parties, and any representation outside Agreement is null and voittiModifications shall be in writing and signed by all Parties. Page 2 of 4 7. Jurisdiction Jurisdiction for this Agreement shall be the state of Colorado. 8. No Waiver Failure to enforce any provision shall have no effect on any provision. 9. Notices and Change of Address Any notice or communications among Parties shall be in writing and sent by means designed to assure actual notice. Any change of address by a Party shall be in writing. 10. Successor and Acsigns This Agreement shall Inure to the benefit of any assigns, heirs or successors of Parties. 11. R,ghye Date The Agreement will be effective as of the date of last Party's signature AGREED this .day sti 2009 O 0C) 4 Wm0 <>- 0 >LL f <O Y lcIZQ F- 0 State of Colorado County of i,✓t' My Commission expires on MALLORY vv"„✓URF NOTARY PUBLIC STATF ,1=C:•LORADO My Commr ,r.: L..r,ms 06/10/12 Grantor of License e The foregoing instrument was acknowledged before me on this n day of s�tK✓ai 2009 by iiarW My Commission expires on ?f 7/i Z -- GRANTEE fiLo, Noble Energy, Inc By P. David Padgett, Attorney In Fact State of Colorado f, County County of Witness my End official seal. Notary Public Grantee of License The foregoing instrument was acknowledged before me on this ]f" day of l53Th, , 2009 by Q NV Povigg,1fb ey-infiz /2 Wime myh and and of "al seal. Notary Public Page 3 of 4 MALLORY WEINDORF NOTARY PUBLIC STATE OF COLORADO My Commission Expires 06/10/12 Page 4 of 4 ADDENDUM A The License granted by the Grantor to the Grantee allows use of property within the parcel described as follows: Township 3 North Range 65 West, 6w PM Section 19, NW ;4 NW 2/a The area to be used is specifically represented in the topographical map represented below, consisting of a portion of the Property containing no more than 900 square feet fora fenced area at the main facility and no more than 100 square feet at each of three guy wire anchors, as shown: TOPOGRAPHI LOCATION SECTION 78, TOWNSHIP 3 NORTH, RANGE 65 WEST, 6TH P.M. -1 �7 air2A'32' E 528536' ACCESS ROAD EXHIBIT SECTION 19, TOWNSHIP 3 NORTH, RANGE 65 WEST, 6TH P.M. N 89°24'22' E 5285.36' 0 NW SEC.19 3YC ALUM. CAP LS 12330 3 8 50' 100' SCALE:11=100' WY4SEC. 19 3W ALUM. CAP LS 12330 LEGEND = EXISTING MONUMENT - E- = PROPOSED ELECTRIC LINE 64 ST WELD COUNTY ROAD 'mil I I I II I II 12' GRAVEL I ACCESS ROAD Im I m ,R m rVOWUNES I I II i I 0 6%6 BUILDING TRANSFORMER &- C7J NEW FIELD -41 ACCESS ROAD 30)30' TOWER AREA GUYWIRE 1Y GATE 12 GRAVEL ACCESS ROAD --E ='� SEPARATO E� AREA NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THIS SAID DATE OF THIS CERTIFICATION SHOWN HEREON. PREMED p WlW13 A F IIP GATE: 08-03-09 GRAVING PATE 08-04-09 BY: SMF PROJECT: WARDELL TOWER SURFACE LOCATION WELD COUNTY, COLORADO NW 1/4 NW 1/4, SEC. 19, T3N, R65W NE SEC.19 3W ALUM. CAP LS 11399 \S 11 V.-I40R / TAN EA / AREEAA -` NOTES: 1. THIS SURVEY WAS DONE BY GPS METHODS AND CONFORMS TO THE MINIMUM STANDARDS SET BY THE C.O.G.C.C., RULE NO. 215 (POOP VALUE IS LESS THAN 6.0, LATITUDE AND LONGITUDE ARE ACCURATE TO 5 DECIMAL PLACES, AND GPS OBSERVATIONS ARE DIFFERENTIAL AND DONE BY QUALIFIED PERSONNEL.) 2. THE BEARINGS & DISTANCES SHOWN HEREON ARE BASED ON GPS OBSERVATIONS BETWEEN THE MONUMENTS SHOWN HEREON AS FOUND ON THE FIELD DATE BELOW. Lii wort TETRA TECH July 31, 2009 Mr. Kim Ogle Director of Planning Services 918 10`" Street Greeley, CO 80631 RE: Release of Building Permits for Noble Energy for the 180' Communication Tower, Major Facility of a Public Utility, Use by Special Review 1700; Subdivision Exemption 1139; Tetra Tech Job #133-35719-09002 Dear Mr. Ogle: This is a formal request to release building permits for construction of the Communication Tower and associated structures on behalf of Noble Energy. Building permit applications have been submitted but are pending recording of the USR and SE plats. The USR was approved by the Planning Commission on July 7, 2009 and the SE was approved by the Planning Department on June 23, 2009. Conditions of approval for both applications have been completed and submitted to the Planning Department and paper copies of both plats are enclosed with this letter. Mylars will be printed and submitted to Planning as soon as the paper copies have been reviewed by staff. This request is critical, due to Noble Energy's construction schedule so that they can communicate with the wells and facilities east of Platteville. Please let me know if you have any questions or require any additional information in order to authorize the release of the requested building permits. Please contact me at my office at 303-772-5282 or my e-mail address: julie.cozad a,tetratech.com. Thank you for your consideration of this matter. Sincerely, Julie Cozad Land Planning Manager cc: Greg Pickerel, Noble Energy x • litTETRA TECH July 14, 2009 Frank Piacentino, Plans Examiner Weld County Building Inspection Department 918 10n' Street Greeley, CO 80631 RE: Site Specific Development Plan and Special Review Permit for Noble Energy on the Wardell Property for the use of a Communication Tower, USR-1700; Tetra Tech Job No. 133-35719- 09002 Dear Mr. Piacentino: Thank you for your response to the referral request from the Weld County Planning Department for the Use by Special Review application referenced above. In your referral letter dated June 9, 2009, you expressed the following concerns or recommendations. Our response follows: • A building permit shall be obtained prior to the construction of a communication tower. It is acknowledged that a building permit will he required for the communication tower. Noble Energy will apply for the building permit prior to construction. • A plan review is required for each tower for which a building permit is required. Two complete sets of plans are required when applying for each permit. The Occupancy Classification will be determined by Chapter 3 of the 2006 International Building Code. The above information is acknowledged. • Buildings shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2006 International Building Code; 2006 International Mechanical Code; 2006 International Plumbing Code; 2006 International Fuel Gas Code; and the 2008 National Electrical Code and Chapter 29 of the Weld County Code. All buildings will conform to the requirements of the codes adopted by Weld County at the time of permit application. Please contact me at 303-772-5282 with any questions regarding this letter or the Noble Energy/Wardell Communication Tower project. Thank you for your assistance. Sincerely, TETRA TECH Julie Cozad Planning Department Manager P:\35719\I33-35719-09002 ProjMgml\Correspondence\Letters\Referral Agencies\WC Building Inspection response Ieller.doc mrt TETRA TECH July 7, 2009 Mr. Don Carroll Dept. of Public Works 1111 H Street Greeley, Co 80632 RE: Use by Special Review, Major Facility of a Public Utility for a Communication Tower for Noble Energy, USR-1700 Dear Mr. Carroll: Thank you for your response to the referral request from Weld County for USR-1700 for Noble Energy on the Wardell property. In the Departments referral letter dated May 7, 2009, you expressed the following recommendations. Our response follows: • Access: Utilize the existing agricultural, oil and gas, and ditch roads that are necessary for your agricultural operation. Although this Use by Special Review is not an agricultural operation, there is a lease in place to utilize the existing road A map is attached for your reference and Noble intends to utilize the existing access for the communication tower. As you know from the application materials, once the tower is constructed, the site will only be visited once a month or less. • Traffic Study: No traffic study is required. This is acknowledged • Drainage Report: The applicant has submitted a statement describing how the site drains. This item is complete. This item has been completed. • Section Line: The County does not have right-of-way for the west 1/2 of Section 19. This is acknowledged Access will be from an existing oil and gas road and is included in the lease with the underlying property owner. • Flood Hazard Development Standards: This site is not within a designated flood area. This is acknowledged We appreciate your input on this project. Please contact me at 303-772-5282 with any questions regarding this letter. Thank you for your assistance. Sincerely, TETRA TECH, INC. Julie A. Cozad Planning Department Manager cc: Weld County Planning Department file IN It MAIL Delta, Ml ACCESS ROAD EXHIBIT SECTION 19, TOWNSHIP 3 NORTH, RANGE 65 WEST, 6TH P.M. NW SEC.19 * ALUM. CAP LS 12330 0 50' 1 SCALE: 111=100' m m S z 0' 5 LEGEND 415 = EXISTING MONUMENT -E-= PROPOSED ELECTRIC LINE W %sEC. 19 3Y( ALUM. CAP LS 12330 An m It WELD COUNTY ROAD 32 EXISTING GRAVEL ACCESS ROAD N 89°24'22• E 5285.36' TRANSFORMER 6X6' BUILDING NEW FIELD ACCESS ROAD NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN TWEE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THIS SAID DATE OF THIS CERTIFICATION SHOWN HFRFON. nnnu u' A HMI -A9E 02-13-09 : PROJECT: WARDELL TOWER CAWING RATE: SURFACE LOCATION: 02-17-09 BY 1/4 NW 1/4, SEC. 19, T3N, R65W MFR NE SEC.19 317 ALUM. CAP LS 11399 30X30' TOWER AREA GUYWIRE 12' GATE EXISTING GRAVEL ,t - ACCESS �� ROAD / /_ - -X S�5 \ t,i0 N / i TAN I 1-- / / AREA - �� W SEPARATOR AREA NOTES: 1. THIS SURVEY WAS DONE BY GPS METHODS AND CONFORMS TO THE MINIMUM STANDARDS SET BY THE C.O.G.C.C., RULE NO. 215 (PDOP VALUE IS LESS THAN 6.0, LATITUDE AND LONGITUDE ARE ACCURATE TO 5 DECIMAL PLACES, AND GPS OBSERVATIONS ARE DIFFERENTIAL AND DONE BY QUALIFIED PERSONNEL.) 2. THE BEARINGS & DISTANCES SHOWN HEREON ARE BASED ON GPS OBSERVATIONS BETWEEN THE MONUMENTS SHOWN HEREON AS FOUND ON THE FIELD DATE BELOW. (-1 mrt TETRA TECH July 7, 2009 Mr. Larry Rogstadt Area Wildlife Manager Colorado Division of Wildlife 6060 Broadway Denver, Colorado 80216 RE: Use by Special Review, Major Facility of a Public Utility for the Noble Energy/Wardell Communication Tower; USR-1700 Dear Mr. Rogstadt: Thank you for your response to the referral request from Weld County for USR-1700 for Noble Energy on the Wardell property for a Communications Tower. In the Department's referral letter dated May 12, 2009, you indicated that the primary concern is to reduce risk to resident and migratory birds and you made several recommendations to minimize the risk. On behalf of Noble Energy, we have forwarded the information to the contractors who will be constructing the tower regarding a free standing tower versus one with guy wires and the information for daytime markers if the tower does have guy wires. The existing access road is approximately twelve feet in width and is gravel. Currently, the plan is to utilize the existing road and to construct a short road up to the tower itself from the existing road. This is a very minor change to what is out there currently. I am enclosing a map with this letter which shows the location of the road. I have also forwarded the information regarding fencing design to the contractors and Noble Energy to consider your recommendation and review the publications. We appreciate and value your input and look forward to hearing from you on future projects. Please contact me at 303-772-5282 with any questions regarding this letter. Thank you for your assistance. Regards, TETRA TECH eL Julie A. Cozad Planning Department Manager cc: Weld County Planning Department file P:\35719\133-35719-09002\ProjMgmt\Correspondence\Letters\Referral Agencies\Colorado of Wildlife Dept letter.doc BEFORE THE LD COUNTY, COLORADO, PLANNINGOMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Robert Grand, that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR-1700 APPLICANT: Roy Wardell c/o Noble Energy PLANNER: Jacqueline Hatch REQUEST: A Site Specific Development Plan and Use by Special Review Permit for a Major Facility of a Public Utility or Public Agencies (communication tower) in the A (Agricultural) Zone District. LEGAL DESCRIPTION: W2 of Section 19, T3N, R65W of the 6th P.M., Weld County, Colorado. LOCATION: South of and adjacent to CR 32 and 1/2 mile west of CR 39. be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 23-2-370 of the Weld County Code. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-2-400 of the Weld County Code as follows: A. Section 23-2-400.A. -- Reasonable efforts have been made to avoid irrigated crop land or to minimize the impacts on such lands in those cases where avoidance is impractical. The proposed Use by Special Review will be located on that part of the property considered "Other" according to the U.S.D.A. Soil Conservation Map, dated 1979. Irrigated crops are not currently being grown on the parcel and the site will only encompass 900 square feet of the total parcel, which is 318 acres in size. B. Section 23-2-400.B. -- The facility will not have an undue adverse effect on existing and future development of the surrounding area as set forth in applicable Master Plans. The site is not located within the three mile referral areas for any municipality or County. C. Section 23-2-400.C. -- The design of the proposed facility mitigates negative impacts on the surrounding area to the greatest extent feasible. The facility is located in a remote area. There are seven property owners within 500' of the subject property. No comments were received from any surrounding property owners. The facility is unmanned and will not create additional use in the area. The surrounding property is primarily agricultural. The property to the north west consists of a Compressor Station (AMUSR-1067), an Oil and Gas Support Facility (2 AMUSR-1280) and an Injection Well site (USR-1677). The property directly to the east is a Turkey Farm (SUP -243) which is not in operation at this time. D. Section 23-2-400.D. -- The site shall be maintained in such a manner so as to control soil erosion, dust, and the growth of noxious weeds. The Conditions of Approval and Development Standards will ensure that there is no fugitive dust or erosion and will ensure the control of noxious weeds. E. Section 23-2-400.E. -- The applicant has agreed to implement any reasonable measures deemed necessary by the Planning Commission to ensure that the health, safety, and welfare of the inhabitants of Weld County will be protected and to mitigate or minimize any potential adverse impacts from the proposed facility. F. Section 23-2-400.F. - The proposed facility will be supplied by an adequate water supply which has been evaluated with reference to the impacts of the use of such supply on agricultural Uses. All reasonable steps have been taken by the applicant to minimize negative impacts on agricultural uses and lands. The site is proposed to be unmanned. Therefore no permanent water or sewer is required. Portable toilets and hand washing units are to be utilized during construction of the tower. Bottled water shall be used during construction for drinking. Resolution USR-1700 Roy Wardell c/o Noble Energy Page 2 • • G. Section 23-2-400.G. -- All reasonable alternatives to the proposal have been adequately assessed and the proposed action is consistent with the best interests of the people of Weld County and represents a balanced use of resources in the affected area. The applicant stated that the preferred location for the facility was to be at Noble Energy's Platteville office. However, the wells that need to be monitored were hidden from the office location due to a ridgeline east of Platteville. The physical/geographic constraint essentially eliminated any feasible line of sight view of the wells from the office. Therefore this tower height and location was selected. H. Section 23-2-400.H. -- It has been determined that the nature and location or expansion of a proposed power plant facility will not create an expansion of the demand for government services beyond the reasonable capacity of an impacted community or the county to provide such services. Where it is indicated that such an expansion of the demand for services will occur beyond the reasonable capacity to provide such services, the applicant must clearly show how such impacts will be mitigated prior to approval of the proposal by the county. This applies only in land use cases regarding power plants. Section 23-2-400.1. -- It has been determined that the nature and location or expansion of the facility will meet Colorado Department of Health and County air quality standards. The Conditions of Approval and Development Standards will ensure that the nature and location of the facility will meet Colorado Department of Health and Weld County Department of Public Health and Environment air quality standards. J. Section 23-2-400.J. -- Adequate electric, gas, telephone, water, sewage and other utilities exist or can be developed to service the site. The site is an unmanned facility that will require on -site visits from staff approximately once a month. Portable toilets and hand washing units are to be utilized during construction of the tower. Bottled water shall be used during construction for drinking. K. Section 23-2-400.K. -- The nature and location or expansion of the facility will not unreasonably interfere with any significant wildlife habitat and will not unreasonably affect any endangered wildlife species, unique natural resource, historic landmark or archaeological sites within the affected area. The Colorado Division of Wildlife referral dated May 12, 2009 state that a free standing tower would be preferred to one with guy wires. If guy wires are used they recommend that daytime visual markers be placed along each guy wire to help prevent bird collision with the wires. The Colorado Division of Wildlife also suggests that the proposed access road from the existing road to the facility be minimal in size to decrease habitat fragmentation to the extent possible and that the fencing height and material be compatible with the wildlife in the area. They also recommend that any security lighting on site be shielded down to keep the light from leaving the boundary of the facility. L. Section 23-2-400. L. — The application indicates that storm water drainage will be handled per environmental standards and according to the project storm water prevention plan. Conditions of Approval and Development Standards will ensure that historic runoff flows will be maintained. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Planning Commission approval is conditional upon the following: 1. The applicant agrees to implement any reasonable measures deemed necessary by the Planning Commission to ensure that the health, safety, and welfare of the inhabitants of Weld County will be protected and to mitigate or minimize any potential adverse impacts from the proposed facility. 2. Prior to recording the plat: Resolution USR-1700 Roy Wardell do Noble Energy Page 3 CAD The applicant shall address the requirements of the Weld County Department of Public Works as stated in the referral received May 8, 2009. Written evidence of such shall be provided to the Department of Planning Services. (Department of Planning Services) The applicant shall attempt to address the requirements of the Colorado Division of Wildlife as stated in the referral received May 12, 2009. Written evidence of such shall be provided to the Department of Planning Services. (Department of Planning Services) The applicant shall address the requirements of the Weld County Department of Building Inspection as stated in the referral received June 9, 2009. Written evidence of such shall be provided to the Department of Planning Services. (Department of Planning Services) The Subdivision Exemption SE -1139 plat shall be submitted for recording. (Department of Planning Services) The applicant shall submit a recorded access agreement for the proposed facility to the Department of Planning Services. (Department of Planning Services) The plat shall be amended to delineate the following: All sheets of the plat shall be labeled USR-1700. (Department of Planning Services) 2. The plat shall be prepared in accordance with Section 23-2-260.D and 23-2-380 of the Weld County Code. (Department of Planning Services) 3. The attached Development Standards. (Department of Planning Services) 4. The plat shall reference the recording information for the lease on the property, including descriptions of the placement of guy wire base locations and the access road. (Department of Planning Services) 5. Signature blocks for the Weld County Planning Commission and Property Owners shall be indicated on the plat per Section 23-2-380.D.3 of the Weld County Code. (Department of Planning Services) 6. County Road 32 is designated on the Weld County Road Classification Plan as a collector road, which requires 80 feet of right-of-way. There is presently 60 feet of right-of-way. The applicant shall verify and delineate on the plat the existing and future right-of-way. (Department of Public Works) 7. The recorded access agreement and location shall be delineated on the plat. (Department of Planning Services) 8. The fall zone shall be delineated on the plat. (Department of Planning Services) H. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. (Department of Planning Services) 3. Upon completion of 1. and 2. above the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty (30) days from the date of the Planning Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) Resolution USR-1700 Roy Wardell do Noble Energy Page 4 • • 4. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required one hundred twenty (120) days from the date the application was approved a $50.00 recording continuance charge may be added for each additional 3 month period. 5. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps(a.co.weld.co.us. (Department of Planning Services) 6. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) Motion seconded by Bill Hall. VOTE: For Passage Robert Grand Bill Hall Tom Holton Doug Ochsner Erich Ehrlich Against Passage Absent Roy Spitzer Mark Lawley Nick Berryman The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioner's for further proceedings. CERTIFICATION OF COPY I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on July 7, 2009. Dated the Ito of July, 2009. FYILthrie loth,. Kristine Ranslem Secretary SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Wardell / Noble Energy USR-1700 1. The Site Specific Development Plan and a Special Review Permit for a Major Facility of a Public Utility or Public Agencies (communication tower) in the Agricultural Zone Districts and subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. The communications tower shall not exceed 180 feet in height. (Department of Planning Services) 4. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. (Department of Public Works) 5. Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code. (Department of Public Works) 6. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 7. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment) 8. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. (Department of Public Health and Environment) 9. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public Health and Environment) 10. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as delineated in Section 14-9-30 of the Weld County Code., as amended. (Department of Public Health and Environment) 11. Adequate toilet facilities (portable toilets) and hand washing units shall be provided during construction of the facility. (Department of Public Health and Environment) 12. Bottled water shall be utilized for drinking during construction of the facility. (Department of Public Health and Environment) 13. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. (Department of Public Health and Environment) 14. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 15. Building permits will be required for all new structures prior to construction. (Building Department) Resolution USR-1700 Roy Wardell do Noble Energy Page 6 16. A building permit application must be completed and two complete sets of plans including engineered foundation plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A geotechnical engineering report prepared by a registered State of Colorado engineer shall be required. (Department of Building Inspection) 17. Buildings shall conform to the requirements of the various codes adopted at the time of permit application. (Building Department) 18. A letter shall be provided from the Platteville Fire Protection District as to permitting requirements of the fire district shall be provided prior to issuance of building permits. (Department of Building Inspection) 19. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) 20. Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) (Department of Planning Services) 21. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. (Department of Planning Services) 22. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. (Department of Planning Services) 23. Personnel from the Weld County Government shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County regulations. (Department of Planning Services) 24. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. (Department of Planning Services) 25. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. (Department of Planning Services) I•NTORY OF ITEMS FOR CONSIDERATIO Applicant Wardell Case Number USR-1700 Submitted or Prepared Prior to Hearing At Hearing PC Resolution 1 Staff Comments X Department of Planning Services Field Check Form X Planning Commissioner Field Check Form Letter to Applicant X Affidavit of sign posting X 2 Legal Notifications X 3 Application X 4 Referral List X Referrals without comment X Weld County Sheriffs Office, referral dated April 21, 2009 X Weld County Zoning Compliance, referral dated April 17, 2009 X Weld County Department of Planning Services, Landscape referral dated April 17, 2009 x Platteville / Gilcrest Fire Protection District, referral dated April 23, 2009 X Platte Valley Soil Conservation District, referral dated May 12, 2009 X 5 Referrals with comments X Weld County Department of Public Health and Environment, referral dated May 15, 2009 x Weld County Department of Public Works, referral dated May 8, 2009 X Weld County Building Department, referral dated June 9, 2009 X State of Colorado Division of Wildlife, referral dated May 12, 2009 X 6 Maps X 7 Deed/ Easement Certificate X 8 Surrounding Property / Mineral Owners X 9 Utilities X 10 Soil Survey X 11 PC Exhibits I hereby certify that the twenty two items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Board of County Commissioners hearing. �-� 9 Jacqueline Hatch-Drouillard Planner • Preliminary • LAND USE APPLICATION SUMMARY SHEET 11`k COLORADO Planner: Jacqueline Hatch-Drouillard Case Number: USR-1700 Hearing Date: July 7, 2009 Applicant: Roy Wardell Representative: Greg Pickerel with Noble Energy Inc 804 Grand Ave, Platteville CO 80651 Request: A Site Specific Development Plan and a Special Review Permit for a Major Facility of a Public Utility or Public Agency (communication tower) in the (A) Agricultural Zone Districts. Legal Description: W2 of Section 19, T3N, R65W of the 6th P.M., Weld County, CO. Location: South of and adjacent to County Road 32 and approximately A mile west of County Road 39. Size of Parcel: 318 +/- acres — USR boundary 900 sq ft Parcel Number: 1213 19 000003 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit is listed in Section 23-2-400 of the Weld County Code. The Department of Planning Services' staff has received responses from the following agencies: Without Comments: • Weld County Sheriffs Office, referral dated April 21, 2009 • Weld County Zoning Compliance, referral dated April 17, 2009 • Weld County Department of Planning Services, Landscape referral dated April 17, 2009 • Platteville / Gilcrest Fire Protection District, referral dated April 23, 2009 • Platte Valley Soil Conservation District, referral dated May 12, 2009 With Comments: • Weld County Department of Public Health and Environment, referral dated May 15, 2009 • Weld County Department of Public Works, referral dated May 8, 2009 • Weld County Building Department, referral dated June 9, 2009 • State of Colorado Division of Wildlife, referral dated May 12, 2009 USR-1700 Wardell/Noble Energy page 1 of 7 Pre 1ir Mary • IIIIIDe COLORADO SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW Planner: Jacqueline Hatch-Drouillard Case Number: USR-1700 Hearing Date: July 7, 2009 Applicant: Roy Wardell Representative: Greg Pickerel with Noble Energy Inc 804 Grand Ave, Platteville CO 80651 Request: A Site Specific Development Plan and a Special Review Permit for a Major Facility of a Public Utility or Public Agency (communication tower) in the (A) Agricultural Zone Districts. Legal Description: W2 of Section 19, T3N, R65W of the 6'" P.M., Weld County, CO. Location: South of and adjacent to County Road 32 and approximately 1/2 mile west of County Road 39. Size of Parcel: 318 +/- acres — USR boundary 900 sq ft Parcel Number: 1213 19 000003 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 23-2-370 of the Weld County Code. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 23-2-400 of the Weld County Code as follows: A. Section 23-2-400.A. -- Reasonable efforts have been made to avoid irrigated crop land or to minimize the impacts on such lands in those cases where avoidance is impractical. The proposed Use by Special Review will be located on that part of the property considered "Other" according to the U.S.D.A. Soil Conservation Map, dated 1979. Irrigated crops are not currently being grown on the parcel and the site will only encompass 900 square feet of the total parcel, which is 318 acres in size. B. Section 23-2-400.B. -- The facility will not have an undue adverse effect on existing and future development of the surrounding area as set forth in applicable Master Plans. The site is not located within the three mile referral areas for any municipality or County. C. Section 23-2-400.C. -- The design of the proposed facility mitigates negative impacts on the surrounding area to the greatest extent feasible. The facility is located in a remote area. There are seven property owners within 500' of the subject property. No comments were received from any surrounding property owners. The facility is unmanned and will not create additional use in the area. The surrounding property is primarily agricultural. The property to the north west consists of a Compressor Station USR-1700 Wardell/Noble Energy page 2 of 7 • Preliminary • (AMUSR-1067), an Oil and Gas Support Facility (2 AMUSR-1280) and an Injection Well site (USR-1677). The property directly to the east is a Turkey Farm (SUP -243) which is not in operation at this time. D. Section 23-2-400.D. -- The site shall be maintained in such a manner so as to control soil erosion, dust, and the growth of noxious weeds. The Conditions of Approval and Development Standards will ensure that there is no fugitive dust or erosion and will ensure the control of noxious weeds. E. Section 23-2-400.E. -- The applicant has agreed to implement any reasonable measures deemed necessary by the Planning Commission to ensure that the health, safety, and welfare of the inhabitants of Weld County will be protected and to mitigate or minimize any potential adverse impacts from the proposed facility. F. Section 23-2-400.F. - The proposed facility will be supplied by an adequate water supply which has been evaluated with reference to the impacts of the use of such supply on agricultural Uses. All reasonable steps have been taken by the applicant to minimize negative impacts on agricultural uses and lands. The site is proposed to be unmanned. Therefore no permanent water or sewer is required. Portable toilets and hand washing units are to be utilized during construction of the tower. Bottled water shall be used during construction for drinking. G. Section 23-2-400.G. -- All reasonable alternatives to the proposal have been adequately assessed and the proposed action is consistent with the best interests of the people of Weld County and represents a balanced use of resources in the affected area. The applicant stated that the preferred location for the facility was to be at Noble Energy's Platteville office. However, the wells that need to be monitored were hidden from the office location due to a ridgeline east of Platteville. The physical/geographic constraint essentially eliminated any feasible line of sight view of the wells from the office. Therefore this tower height and location was selected. H. Section 23-2-400.H. -- It has been determined that the nature and location or expansion of a proposed power plant facility will not create an expansion of the demand for government services beyond the reasonable capacity of an impacted community or the county to provide such services. Where it is indicated that such an expansion of the demand for services will occur beyond the reasonable capacity to provide such services, the applicant must clearly show how such impacts will be mitigated prior to approval of the proposal by the county. This applies only in land use cases regarding power plants. I. Section 23-2-400.1. -- It has been determined that the nature and location or expansion of the facility will meet Colorado Department of Health and County air quality standards. The Conditions of Approval and Development Standards will ensure that the nature and location of the facility will meet Colorado Department of Health and Weld County Department of Public Health and Environment air quality standards. J. Section 23-2-400.J. -- Adequate electric, gas, telephone, water, sewage and other utilities exist or can be developed to service the site. The site is an unmanned facility that will require on -site visits from staff approximately once a month. Portable toilets and hand washing units are to be utilized during construction of the tower. Bottled water shall be used during construction for drinking. K. Section 23-2-400.K. -- The nature and location or expansion of the facility will not unreasonably interfere with any significant wildlife habitat and will not unreasonably affect any endangered wildlife species, unique natural resource, historic landmark or archaeological sites within the affected area. The Colorado Division of Wildlife referral dated May 12, 2009 state that a free standing tower would be preferred to one with guy wires. If guy wires are used they recommend that daytime visual markers be placed USR-1700 Wardell/Noble Energy page 3 of 7 Preliminary • along each guy wire to help prevent bird collision with the wires. The Colorado Division of Wildlife also suggests that the proposed access road from the existing road to the facility be minimal in size to decrease habitat fragmentation to the extent possible and that the fencing height and material be compatible with the wildlife in the area. They also recommend that any security lighting on site be shielded down to keep the light from leaving the boundary of the facility. L. Section 23-2-400.L. — The application indicates that storm water drainage will be handled per environmental standards and according to the project storm water prevention plan. Conditions of Approval and Development Standards will ensure that historic runoff flows will be maintained. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The applicant agrees to implement any reasonable measures deemed necessary by the Planning Commission to ensure that the health, safety, and welfare of the inhabitants of Weld County will be protected and to mitigate or minimize any potential adverse impacts from the proposed facility. 2. Prior to recording the plat: D. The applicant shall submit an Improvements Agreement. The applicant shall submit to the Department of Planning Services an itemized exhibit A and exhibit B for review. The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the Use by Special Review plat. Alternatively, applicant may submit evidence that all the work has been completed and approved by the Department of Planning Services and the Department of Public Works. (Department of Planning Services) The applicant shall address the requirements of the Weld County Department of Public Works as stated in the referral received May 8, 2009. Written evidence of such shall be provided to the Department of Planning Services. (Department of Planning Services) The applicant shall attempt to address the requirements of the Colorado Division of Wildlife as stated in the referral received May 12, 2009. Written evidence of such shall be provided to the Department of Planning Services. (Department of Planning Services) The applicant shall address the requirements of the Weld County Department of Building Inspection as stated in the referral received June 9, 2009. Written evidence of such shall be provided to the Department of Planning Services. (Department of Planning Services) E. The Subdivision Exemption SE -1139 plat shall be submitted for recording. (Department of Planning Services) F. The applicant shall submit a recorded access agreement for the proposes facility to the Department of Planning Services. (Department of Planning Services) G. The plat shall be amended to delineate the following: 1. All sheets of the plat shall be labeled USR-1700. (Department of Planning Services) 2. The plat shall be prepared in accordance with Section 23-2-260.D and 23-2-380 of the Weld County Code. (Department of Planning Services) USR-1700 Wardell/Noble Energy page 4 of 7 Preliminary • 3. The attached Development Standards. (Department of Planning Services) 4. The Use by Special Review boundary shall include the guy wire bases, (Department of Planning Services) 5. The access road off of County Road 32 shall be included within the Use by Special Review Permit boundary for this site. (Department of Planning Services) 6. Signature blocks for the Weld County Planning Commission and Property Owners shall be indicated on the plat per Section 23-2-380.D.3 of the Weld County Code. (Department of Planning Services) 7. County Road 32 is designated on the Weld County Road Classification Plan as a collector road, which requires 80 feet of right-of-way. There is presently 60 feet of right-of-way. The applicant shall verify and delineate on the plat the existing and future right-of-way. (Department of Public Works) 8. The recorded access agreement and location shall be delineated on the plat. (Department of Planning Services) 9. The fall zone shall be delineated on the plat. (Department of Planning Services) E. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. (Department of Planning Services) 3. Upon completion of 1. and 2. above the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty (30) days from the date of the Planning Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) /' r 4. In accordance with Weld County Code Inance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty -030) days from the date the application was approved a $50.00 recording continuance charge may be added for each additional 3 month period. 5. The Department of Planning Services respectively requests the surveyor provide a digital copy of this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps(?a.co.weld.co.us. (Department of Planning Services) 6. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services) USR-1700 Wardell/Noble Energy page 5 of 7 • Preliminary • SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Wardell / Noble Energy USR-1700 1. The Site Specific Development Plan and a Special Review Permit for a Major Facility of a Public Utility or Public Agencies (communication tower) in the Agricultural Zone Districts and subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. The communications tower shall not exceed 180 feet in height. (Department of Planning Services) 4. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. (Department of Public Works) 5. Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code. (Department of Public Works) 6. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 7. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment) 8. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. (Department of Public Health and Environment) 9. Fugitive dust and fugitive particulate emissions shall be controlled on this site. (Department of Public Health and Environment) 10. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as delineated in Section 14-9-30 of the Weld County Code., as amended. (Department of Public Health and Environment) 11. Adequate toilet facilities (portable toilets) and hand washing units shall be provided during construction of the facility. (Department of Public Health and Environment) 12. Bottled water shall be utilized for drinking during construction of the facility. (Department of Public Health and Environment) 13. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. (Department of Public Health and Environment) 14. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) USR-1700 Wardell/Noble Energy page 6 of 7 • Preliminary • 15. Building permits will be required for all new structures prior to construction. (Building Department) 16. A building permit application must be completed and two complete sets of plans including engineered foundation plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A geotechnical engineering report prepared by a registered State of Colorado engineer shall be required. (Department of Building Inspection) 17. Buildings shall conform to the requirements of the various codes adopted at the time of permit application. (Building Department) 18. A letter shall be provided from the Platteville Fire Protection District as to permitting requirements of the fire district shall be provided prior to issuance of building permits. (Department of Building Inspection) 19. Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning Services) 20. Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) (Department of Planning Services) 21. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. (Department of Planning Services) 22. The property owner or operator shall be responsible for complying with the Operation Standards of Section 23-2-250, Weld County Code. (Department of Planning Services) 23. Personnel from the Weld County Government shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County regulations. (Department of Planning Services) 24. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. (Department of Planning Services) 25. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. (Department of Planning Services) USR-1700 Wardell/Noble Energy page 7 of 7 DEPARTMENT OF PLANNING SERVICES SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (720) 652-4211 Wi�Yc. COLORADO May 22, 2009 Roy Wardell c/o Greg Pickerel Noble Energy 804 Grand Av Platteville CO 80651 Subject: USR-1700 - A Site Specific Development Plan and Use by Special Review Permit for a Major Facility of a Public Utility or Public Agencies (communication tower) in the A (Agricultural) Zone District on a parcel of land described as W2 of Section 19, T3N, R65W of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on July 7, 2009, at 1:30 p.m. This meeting will take place in the Hearing Room, Weld County Planning Department, 918 101h St, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members may have. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with written certification indicating the above requirement has been met. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the packets one week prior to the scheduled Planning Commission Hearing. If you have any questions concerning this matter, please call. Respectfully, Jacqueline etch Planner Good afternoon, Jacqueline Hatc,rouillard, Department of Planning ices Greg Pickerel with Noble Energy for Roy Wardell has applied for a Site Specific Development Plan and a Special Review Permit for a Major Facility of a Public Utility or Public Agency (communication tower) in the (A) Agricultural Zone Districts. The sign announcing the planning commission hearing was posted on June 24, 2009 by staff. The site is located South of and adjacent to County Road 32 and approximately/ mile west of County Road 39 consisting of approximately 318 +/- acres — USR boundary 900 sq ft The communications tower shall not exceed 180 feet in height The facility is located in a remote area. There are seven property owners within 500' of the subject property. No comments were received from any surrounding property owners. The facility is unmanned and will not create additional use in the area. The surrounding property is primarily agricultural. The property to the north west consists of a Compressor Station (AMUSR-1067), an Oil and Gas Support Facility (2 AMUSR-1280) and an Injection Well site (USR-1677). The property directly to the east is a Turkey Farm (SUP -243) which is not in operation at this time. The site is not located within the three mile referral areas for any municipality or County. The site is proposed to be unmanned. Therefore no permanent water or sewer is required. Portable toilets and hand washing units are to be utilized during construction of the tower. Bottled water shall be used during construction for drinking. The applicant stated that the preferred location for the facility was to be at Noble Energy's Platteville office. However, the wells that need to be monitored were hidden from the office location due to a ridgeline east of Platteville. The physical/geographic constraint essentially eliminated any feasible line of sight view of the wells from the office. Therefore this tower height and location was selected. The Colorado Division of Wildlife referr preferred to one with guy wires. )f . uy wir placed along each guy wire to help prevent also suggests that the proposed access r decrease ha tat fragmentation to the e compatible wi h t 'wildlife in the area. shielded down to keep the light from leavi applicant will need to address the concerns ted May 12, 2009 state that a free standing tower would be are used they recomm- • a .aytime visual markers be ird collision with the . ' es. The Oolorado Division of Wildlife ad from the existi • road to the facility be minimal in size to tent possible - d that the fencirg height and •. erial be They also -commend that any --curity lig g on site be g the b. dary of the facility. As a S.. •' '•n of approval the Division of Wildlife. 9 referral agencies reviewed this case, 5 referral agencies had no comments, 4 referral agencies included conditions that have been addressed through the development standards and conditions of approval t c.NrrU - �A �fn° t..,�na8cma.� Arm '� UP "`'7E6 rt .r✓ The weld county department of planning services is recommending that this jiplication be approved. This case does not get forwarded to the Board of County Commissioners The applicant iS" present and I will be happy to answer any questions at this time. PLANNING COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS June 27, 2009 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF- WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF- WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, Jacqueline Hatch-Drouillard, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING COMMISSIONERS HEARING FOR USR-1700 IN THE A (Agricultural) ZONE DISTRICT. Jacqueline Hatch-Drouillard Name of Person Posting Sign — Jacqueline Hatch-Drouillard r C' Signature of erson Posting Sign STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was subscribed and sworn to me this Jtbay of al?,` -f2. 2009. WITNESS my hand and official seal. otary Publ BETHANY SALZMAN c" My Commission Expires My Commission Expires: 10-14.-901 1 i FIELD CHECK Inspection Date: 6/24/09 APPLICANT: CASE # : REQUEST: LEGAL: LOCATION: PARCEL ID #: ACRES: Roy Wardell clo Greg Pickerel with Noble Energy Inc USR-1700 A Site Specific Development Plan and a Special Review Permit for a Major Facility of a Public Utility or Public Agencies (communication tower) in the Agricultural Zone Districts. W2 of Section 19, T3N, R65W of the 6th P.M., Weld County, CO. South of and adjacent to County Road 32 and approximately 1/2 mile west of County Road 39. 1213 19 000003 318 +1- acres — usr boundary 900 sq ft Zoning Land Use N Agricultural N Agricultural E Agricultural E Agricultural S Agricultural S Agricultural W Agricultural W Agricultural Comments: Property is hilly - tall grass Access is off of CR 32 Oil and gas on site c Signature n House(s) ❑ Outbuilding(s) ❑ Access to Property ❑ Crop Productions ❑ Site Distance ❑ Mobile Home(s) o Other Animals On -Site ❑ Water Bodies o Ditch ❑ Derelict Vehicles o Non-commercial junkyard (list components) o Irrigation Sprinkler o Crops o Wetlands ❑ Oil & Gas Structures ❑ Wildlife ❑ Utilities On -Site (transmission lines) ❑ Topography Note any commercial business/commercial vehicles that are operating from the site. [T lot \ WiiDe COLORADO APPLICATION FLOW SHEET LEGAL: LOCATION: PARCEL ID #: ACRES: APPLICANT: Roy Wardell Go Greg Pickerel with Noble Energy Inc CASE # : USR-1700 REQUEST: A Site Specific Development Plan and a Special Review Permit for a Major Facility of a Public Utility or Public Agencies (communication tower) in the Agricultural Zone Districts. W2 of Section 19, T3N, R65W of the 6'h P.M., Weld County, CO. South of and adjacent to County Road 32 and approximately Y mile west of County Road 39. 1213 19 000003 318 +/- acres — usr boundary 900 sq ft DATE BY Application Received 4/13/09 greeley Application Complete 4/15/09 JH Referrals returned Meeting with applicant Neighborhood Meeting Referrals Listed / Al log K2. File Assembled Chaindexed Step #1 Referrals Mailed 2 Step #1 Letter to Applicant Mailed (..— Step #1 Surrounding Property Letters Mailed PC Hearing Date: Action: v. fl�ltvi tx? id l uk JH Utility Board Date: ` PC Sign to be Posted:'i.tuIrc Z- S , O Cr Referrals Listed Step #2 Referrals Mailed 6/33100 Step #2 Letter to Applicant Mailed '� Step #2 Surrounding Property Letters Mailed 7 Date Public Notice Published in County Newspaper Planning Technician Maps Prepared 4/15/09 JH Field Check by DPS Staff Planning Commission Resolution Sent to Applicant Planning Commission Meeting Minutes Filed in Case Case Sent to Clerk to the Board CC Hearing: Action: N\J ift0 CC Sign to be Posted: Plat and/or Resolution Recorded Recorded on Maps and filed !!I CC �l/�'p " EE `y^y�, l Overlay Districts Zoning Agricultural MUD Yes No_ X IGA Yes_ No X_ Ord. Airport Yes No_X_ Geologic Yes No X_ Flood Hazard Yes No_X Panel #080266 C Road Impact Area WELD April 17, 2009 DEPARTMENT OF PLANNING SERVICES SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FM: (720) 652-4211 Roy Wardell do Greg Pickerel Noble Energy 804 Grand Av Platteville CO 80651 Subject: USR-1700 - Request for a Site Specific Development Plan and Use by Special Review Permit for a Major Facility of a Public Utility or Public Agencies (communication tower) in the A (Agricultural) Zone District on a parcel of land described as W2 of Section 19, T3N, R65W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are being processed. I will schedule a meeting with you to discuss the referrals after we have received them. Once the concerns and requirements of the referral agencies have been met or the applicant has show an attempt to meet their concerns and requirements, a Planning Commission Hearing will be scheduled. If you have any questions concerning this application, please call. Respectfully, Jacqueline Hatch Planner 46tri WilkC OLORADO MEMORANDUM TO: PA09-018; Case File, pre -application DATE: February 6, 2009 FROM: Kris Ranslem, Planning Technician SUBJECT: Pre -Application Meeting prior to submitting USR for communications tower Attendees: Greg Pickerel, Noble Energy Julie Cozad, Tetra Tech Jim Doyle, Tetra Tech Don Dunker, Public Works Kim Ogle, Planning Chris Gathman, Planning Kris Ranslem, Planning On Friday, February 6, 2009 an informal discussion took place at the Greeley Administrative Offices Conference Room regarding a proposed communications tower. (The legal description is the W2 of Section 19, Township 3 North, Range 65 West of the 6th P.M.) Background Information: Noble Energy has an office located in Platteville and well locations in the vicinity of CRs 32 and 35. The applicant would like to automate their wells from their office location; however the topography of the land makes transmission difficult. The applicant has researched the option of buying space on other towers, however has not had any luck in obtaining approval. With the installation of the proposed communication tower there would be a potential of co -location. The proposed lattice tower would be approximately 180 feet high with guyed wires extending 150 feet from center. Each guyed wire would be fenced as well as area of the tower for security and safety reasons. The applicant is proposing four (4) dishes on the tower. There will not be a light at the top of the tower. If the tower would fall it would come down in one piece rather than break away. The applicant is proposing to construct a building less than 10' by 10' for equipment storage. Public Works The applicant indicated that visitation to the site would be less than once per month. No Traffic Study is required. Access to the site is from CR 32. The access to the leased area is a one -lane gravel road. The applicant will need to submit a written 30 foot access agreement for ingress/egress. The maintenance would be the applicant's responsibility. The site is not located in a floodplain. No Drainage Report will be required; however the applicant will need to submit a statement describing how the site drains. Staff asked that the applicant provide the distance from the section line to the access. Planning Department The USR boundary would cover the leased area (900 square foot area) which includes the tower, building, tank battery and guyed wires. Staff explained the USR process - that the applicant shall submit 4 packets for a 7 day completeness review. Once the 7 day completeness review is complete the applicant will be informed of what items are still required to make the application complete. After the completed application is submitted it will be sent out for referral for 28 days. The applicant will then meet with their Planner to discuss the referrals and address as many of the referrals as possible. At the meeting the Planning Commission hearing will be scheduled. The Board of County Commissioners hearing typically follows approximately 3 weeks after the Planning Commission hearing. Staff indicated that they would waive the 7 -day completeness review due to the minimal impact and limited activities of the proposal. End memorandum. s a NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held before the Weld County Planning Commission in the Hearing Room, Weld County Planning Department, 918 10`" St, Greeley, Colorado. The complete case file may be examined by calling the Department of Planning Services at (970) 353-6100 to make arrangements with the case planner. If a court reporter is desired for the hearing, please advise the Department of Planning Services, in writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Department of Planning Services at (970) 353-6100 Ext. 3519, prior to the day of the hearing. All cases scheduled before the Planning Commission are subject to continuance, due to lack of quorum or otherwise. Contact the Department of Planning Services at the number above, for hearing continuance information. PLANNING COMMISSION DATE: July 7, 2009 TIME: 1:30 p.m. APPLICANT: Roy Wardell c/o Noble Energy PLANNER: Jacqueline Hatch REQUEST: USR-1700- A Site Specific Development Plan and Use by Special Review Permit for a Major Facility of a Public Utility or Public Agencies (communication tower) in the A (Agricultural) Zone District. LEGAL DESCRIPTION: W2 of Section 19, T3N, R65W of the 6th P.M., Weld County, Colorado. LOCATION: South of and adjacent to CR 32 and ''A mile west of CR 39. (See Legal Description for precise location.) SIZE: 318 acres, more or less. PLANNING COMMISSION WELD COUNTY, COLORADO DATED: June 15, 2009 PUBLISHED: June 18, 2009, in the Windsor Beacon E-N;AII_EDIFED Account#: 346070 • • Your Local newspaper Since 1896 indsor Beacon STATE OF COLORADO ) ss: AFFIDAVIT OF PUBLICATION COUNTY OF WELD ) Echo Villa , being duly sworn, deposes and says that said is the legal clerk of the Windsor Beacon; that the same is a weekly newspaper of general circulation and printed and published in the town of Windsor, in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said weekly newspaper for NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held before the Weld County.Psnning Commission in the Hearing Room, Weld County Plan- ning Department, 918 10th St, Greeley, Colorado. The complete case file may be examined by calling the Department of Planning Services at (970) 353-6100 to make arrangements with the case planner. If a court reporter is desired for the hearing, please advise the De- partrnent of Planting Services. in writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be bome by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to partici- pate in the hearing, please contact the Department of Planning Serv- ices at (970) 353.6100 Ext. 3519, prior to the day of the hearing. All cases scheduled before the Planning Commission are subject to con- tinuance, due to lack of quorum or otherwise. Contact the Depart- ment of Planning Services at the number above, for hearing continu- ance information. PLANNING COMMISSION DATEuy7, 2009 TIME: 1:30 p.m. APPLICANTSoy Warden c/o Noble Energy PLANNER Roo: REQUEST: USR-1700- A Site Specific Development Plan and Use by Special Review Permit for a Major Facility of a Public Utility or Public Agencies (communication tower) in the A (Agricultural) Zone District. LEGAL DESCRIPTIONW2 of Section 19, T3N, R65W of the 6th P.M., Weld County, Colorado. LOCATIONSouth of and adjacent to CR32 and y mile west of CR 39. (See Legal Description for precise location.) SIZE:318 acres, more or less. .. PLANNING COMMISSION WELD COUNTY. COLORADO DATED:June 15. 2009 PUBUSHED'June 18, 2009, in the Windsor Beacon 0034134839 as published in the regular and entire issue of every number of said newspaper and time of publication of said notice, and in the newspaper proper and not in a of; that the first publication of said notice was contained in the issue of said ay, June 18, 2009 ation thereof was contained in the issue of said newspaper on ay, June 18, 2009 r Beacon has been published continuously and uninterruptedly during the period onths next prior to the first publication of said notice or advertisement above id newspaper has been admitted to the United States mails as second-class matter 'ons of the Act of March 3, 1879, or any amendments thereof; and that said ily newspaper duly qualified for publishing legal notices and advertisements hg of the laws of the State of Colorado. Legal Clerk Subscribed and sworn to before me, within the County of Weld, State of Colorado this ��p\��\ptttlll00pffj�� Tuesday, June 16, 2009 c� ZQ QpWN C�t'y' ly Commission expires p IVO7/2G / o fir :tn Nom• AUBL‘G •'O fififi1 GIIOII MO' Delivered to: WELD CTY PLANNING, 918 10TH ST GREELEY, CO 80631-1118 Notary Public Legal No.0034134839 Invoice Text NOTICE Pursuant to the zoning laws Affidavit Prepared Tuesday, June 16, 2009 4:37 pm SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW (USR) APPLICATION FOR PLANNING DEPARTMENT USE RECEIPT/AMOUNT # /$ APPLICATION RECEIVED BY: DATE RECEIVED: CASE # ASSIGNED: PLANNER ASSIGNED: Parcel Numbers: 1213-19-000003 Legal Description: Northwest 1/4, Northwest 1/4 of Section 19, Township 3N, R65W of the 6th P.M., County of Weld, State of Colorado. Flood Plain: None Zone District: Agricultural (A) Total Acreage: 900 sq. ft. Overlay District: None Geological Hazard: None Airport Overlay District: None FEE OWNER(S) OF THE PROPERTY: Name: Roy T. Wardell Work Phone#: 970-785-0145 Email Address: rwardell@what-wire.com Address: 16512 Essex Rd. N City/State/Zip Code: Platteville Co., 80651 APPLICANT OR AUTHORIZED AGENT (See Below: Authorization must accompany all applications signed by Authorized Agent) Name: do Greg Pickerel Work Phone # (970)-785-5000 Email Address: GPickerel@nobleenergyinc.com Address: 804 Grand Avenue City/State/Zip Code: Platteville Co., 80651 PROPOSED USE: The intent of this USR is for the construction of a 180' guyed communications tower on a 900 sq. ft. portion of property leased from Roy T. Wardell by Noble Energy Inc. I Nye) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our) knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included showing the signatory has the legal authority to sign for the corporation. Signature; Owner or Authorized Agent Date March 24, 2009 Ms. Jacqueline Hatch Weld County Planning 918 10th Street Greeley, CO 80631 RE: Designation of Authorized Agent Dear Jacqueline: I, Roy T. Wardell, as the Grantor of a license for the use of my property as a communications site to transmit data from oil and gas operations I authorize Greg Pickerel with Noble Energy, Inc. to be the Authorized Agent for a Communication Tower Site for the USR and SE application proposed to be located on my property located in the northwest quarter of Section 19, Township 3 North, Range 65 West of the 6th PM, County of Weld, State of Colorado (Parcel #1213-19-000003). This Agency is revocable by the Principal without notice. Notification of meetings will be provided in advance to the Principal and he will receive copies of all communications between the county and the Agent. This Agency will terminate upon the completion of construction of the communications tower. Sinc dit Roy /Wardell Owner • TETRATECH • 1900 S. Sunset Street, Suite I -F Longmont, CO 80501 Tel: 303.772.5282 Fax: 303.772-7039 MEMORANDUM To: Weld County Planning Commission From: Julie Cozad, Land Planning Manag Subject: Conditions of Approval and Development Standards for USR-1700 Date: July 6, 2009 cc: Jacqueline Hatch-Drouillard, Planner This memo addresses the conditions of approval. We are formally requesting changes to the Conditions of Approval and Development Standards as described below in italics: Condition of Approval 2. A. states, "The applicant shall submit an Improvements Agreement. The applicant shall submit to the Department of Planning Services an itemized exhibit A and exhibit B for review. The agreement and form of collateral shall be reviewed by County Staff and accepted by the Board of County Commissioners prior to recording the Use by Special Review plat. Alternatively, applicant may submit evidence that all the work has been completed and approved by the Department of Planning Services and the Department of Public Works. (Department of Planning Services)" There are no off -site improvements for this project and the on -site improvements are very minimal and will be able to be completed at the same time as the construction of the communication tower. The communication tower requires a building permit and the minimal improvements could more easily be tied to finalizing the building permit. In this case, an Improvements Agreement complicates the project unnecessarily due to Noble Energy having to post collateral, get approval by the County Commissioners and wait to record the plat until these items are all completed. Since there are no substantial improvements for this project, we request that this condition of approval be deleted. Conditions of Approval 2. B., C. and D. are complete and will be submitted to Planning. Condition of Approval 2. E. states that the Subdivision Exemption Plat for SE -1139 will be submitted for recording with the USR plat. We are currently completing the conditions and the plat for SE -1139. Condition of Approval 2. F. states, "The applicant shall submit a recorded access agreement for the proposed facility to the Department of Planning Services. (Department F,,,r of Planning Services)" r . i.JO J ' �{ The applicant has access to the site through a lease agreement. As an ernative, we request that the lease agreement with all of the details regarding the lease are be recorded so that it follows the chain of title for the underlying property. The recording information from the lease 1 r • • I agreement can be shown on the USR plat as a reference. Condition of Approval 2. G. states, "the plat shall be amended to delineate the following: 1. All sheets of the plat shall be labeled USR-1700. (Department of Planning Services) 2. The plat shall be prepared in accordance with Section 23-2-260.D and 23-2-380 of the Weld County Code. (Department of Planning Services) 3. The attached Development Standards. (Department of Planning Services) 4. The Use by Special Review boundary shall include the guy wire bases. (Department of Planning Services) 5. The access road off of County Road 32 shall be included within the Use by Special Review Permit boundary for this site. (Department of Planning Services) 6. Signature blocks for the Weld County Planning Commission and Property Owners shall be indicated on the plat per Section 23-2- 380.D.3 of the Weld County Code. (Department of Planning Services) 7. County Road 32 is designated on the Weld County Road Classification Plan as a collector road, which requires 80 feet of right- of-way. There is presently 60 feet of right-of-way. The applicant shall verify and delineate on the plat the existing and future right-of-way. (Department of Public Works) 8. The recorded access agreement and location shall be delineated on the plat. (Department of Planning Services) 9. The fall zone shall be delineated on the plat. (Department of Planning Services)" Noble Energy is willing to amend the plat for items 2. G. 1-9 but would like to have discussion with the Planning Commission regarding 2. G. 4. and 5. The access road and the guy wire locations are a part of the lease agreement with Mr. Wardell and the entire lease agreement would have to be re -negotiated to include these areas within the USR boundaries. This could cause significant delay in the project or it may not be possible to re -negotiate the lease. As an alternative, we request that the lease agreement with all of the details regarding the lease area be recorded so that it follows the chain of title for the underlying property. The recording information from the lease agreement can be shown on the USR plat as a reference. Condition 2. E. and 3. state, "E. The applicant shall submit three (3) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. 2 (Department of Planning Services) and 3. Upon completion of 1. and 2. above the applicant shall submit a Mylar plat along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat and additional requirements shall be submitted within thirty (30) days from the date of the Planning Commissioners resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services)" We will submit paper copies of the plat and a final mylar plat per the Code requirements. Condition 4. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the application was approved a $50.00 recording continuance charge may be added for each additional 3 month period. We are formally requesting to record the plat within 120 days of approval rather than 60 days. The main reason is that the agreements, easements and potentially the re -negotiation of the lease may take longer than 60 days to complete. Conditions 5 and 6 state, "The Department of Planning Services respectively requests the surveyor provide a digital copy of this Use by Special Review. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shape des, ArcInfo Coverages and ArcInfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to mapsna,co.weld.co.us. (Department of Planning Services) and 6. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. (Department of Planning Services)" This is acknowledged and we will complete these conditions as stated above. Development Standards 1— 25 We accept and agree with the Development Standards and will include them on the USR plat map as required. File path: P:\35719\133-35719-09002\ProjMgmt\Correspondence\Memos\Weld County 3 a Page 1 of 1 Jacqueline Hatch From: Jacqueline Hatch Sent: Thursday, April 16, 2009 10:43 AM To: 'GPickerel@nobleenergyinc.com' Subject: Noble Energy Use by Special Review Application Greg, Hello my name is Jacqueline and I am in the process of setting up your Use By Special Review application for the commercial tower on Mr. Wardell's property and noticed that the application fee was incorrect. Your request is considered a major facility of a public utility (non -1041) so the application fee is $5000.00. You have already submitted $2500.00 therefore an additional $2500.00 will need to be submitted. I also wanted to let you know that since your proposed use is considered a major facility of a public utility there will only be one public hearing before the Planning Commission. If you have any questions please do not hesitate to contact me. Thanks, Jacqueline Jacqueline Hatch-Drouillard. Planner Weld County Department of Planning Services 4209 CR 24.5 Longmont CO 80403 Phone 720-652-4210 x8728 Fax 720-652-4211 4/16/2009 D TETRA TECH March 25, 2009 Mr. Kim Ogle, Planning Manager Weld County Department of Planning Services 918 10th Street Greeley, CO 80631 RE: Use by Special Review and Subdivision Exemption for Noble Energy Inc. for the Construction of a 180' Guyed Communication Tower in Weld County; Tetra Tech Job No. 133-23438-08003 Dear Mr. Ogle: Tetra Tech is pleased to submit the initial application for a completion review for the Use by Special Review and Subdivision Exemption applications for Noble Energy Inc. Please find the attached, completed application packets. The application is in compliance with Chapters 22 and 23 of the Weld County Code. This application is for a Use by Special Review and a Subdivision Exemption for a 180' guyed communication tower in Weld County to enable Noble Energy to monitor their oil and gas wells from their offices in Platteville, Colorado. Noble Energy Inc. has a lease agreement with Mr. Roy Wardell to utilize a 900 sq. ft. portion of his property for construction of the tower. Additional information is included with the attached application materials. The production of crude oil is very important to the overall economy of Weld County, the State of Colorado and the United States. The approval of this application will benefit Weld County and the State by allowing Noble Energy Inc. to monitor their oil and gas wells in an efficient way. It also affects the environment by allowing Noble Energy to identify emission output of its wells. Please let me know if you have any questions or require any additional information in order to move these applications forward. Please contact me at my office at 303-772-5282 or my e-mail address: iulie.cozad(c�tetratech.com. Thank you for your consideration of this project. Sincerely, TETRA TECH �{-e! Julie Cozad Land Planning Manager cc: Greg Pickerel, Noble Energy lei P:\133-23438-08003 AmUSR Weld \Deliverables \USR Submittal Docs\USR Appl Cover Ltr.doc ee NOBLE ENERGY INC. COMMUNICATION TOWER USE BY SPECIAL REVIEW SUBMITTAL ITEMS 1. Authorized Agent Letter (Original) 2. Cover Letter 3. Application Form 4. Special Review Plat Map (24" x 36") 5. 8-1/2 x 11" reduced copy of the (24" x 36") Plat Map 6. Special Review Use Questionnaire 7. Weld County Road Access Information Sheet 8. Deed and Title Commitment with additional documentation • B-2 Exceptions • Title Opinion • Working Interest Chain 9. Certificate of Conveyance Form 10. Two copies of Soils Report 11. Affidavit of Interested Land Owners Surface Estate Form From Weld County Website 12. Affidavit of Interest Owners Minerals and/or Subsurface 13. Emergency Contact Information Sheet 14. Supporting Documents • Waste Handling Plan • Dust Abatement Plan • Lease Agreement Between Noble Energy Inc. and Mr. Roy T. Wardell • Engineering Information For Tower Design SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW (USR) QUESTIONNAIRE The following questions are to be answered and submitted as part of the USR application. If a question does not pertain to your use, please respond with "not applicable", with an explanation as to why the question is not applicable. 1. Explain, in detail, the proposed use of the property. Noble Energy Inc. (Noble) desires to create a wireless radio network within northeastern Colorado to allow communication with, and monitoring of its remote oil and gas well sites operating in the Wattenberg field and numerous other wells in Weld County. Noble is proposing to construct a 180' high guyed tower. The project site is located approximately six miles east of Platteville, Colorado and is owned by Mr. Roy Wardell and will be leased to Noble Energy through a lease agreement between the two parties. The property is zoned A - Agricultural and consists, primarily of dryland pasture. The site will be accessed by an existing 12' wide unpaved gravel road that currently accesses one of Noble Energy's gas well sites. The site area is proposed to be 900' square feet in size. The communication tower will be located within the center of the leasehold and will be surrounded by 6' metal perimeter fencing. A 6' x 6' radio shack is also proposed within the fenced area. The tower will be constructed of metal and three guy wires will extend from the center of the tower approximately 140 feet. The tower will also have (4) communication dishes attached to it. The Federal Aviation Administration (FM) and Weld County Code does not require that a light be attached to the top of the tower. By implementing the wireless radio monitoring of remote well sites, the need for physical on -site monitoring is lessened, therefore visits to the site are expected to be less than once per month. 2. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 22 (Comprehensive Plan). Section 22-5-90 — 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. Oil and gas development is cyclical but the economics of drilling has caused extensive drilling activities in the County. Although this request is not for oil drilling, it is an essential part of oil development in the County and the State. It will be integral to the production and day to day operations for Noble Energy and will contribute to the overall economic stability of the company. Section 22-5-100.A 4.OG.Policy 1.4 — The County will seek the imposition of protective measures through available state, county and federal regulations to ensure that the mineral operator conducts operations in a manner which will minimize current and future environmental impacts. The proposed communication tower will be accessed via an existing well access road to an existing Noble well and will have minimal environmental impact to the existing property. Section 22-2-60.G A.Goal.7 — Protect agricultural uses from those uses which hinder the operations of the agricultural enterprises. The Noble Energy proposal will not hinder the operation of agricultural uses. The site is being leased from Mr. Roy Wardell and currently has an existing Noble well located on the property. The small footprint of the communication tower will still allow for agricultural uses within close proximity of the tower. This proposal is consistent with the Comprehensive Plan as described in the goals and policies outlined above. 3. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 23 (Zoning) and the zone district in which it is located. The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-40 Section K of the Weld County Code states: "One or more microwave, radio, television or other communication transmission or relay tower over seventy (70) feet in height per LOT. Commercial towers subject to the provisions of Section 23-4-800." Section 23-4-800, the Commercial Towers division of the Weld County codes purpose is to "accommodate the increasing wireless communication needs of County residents and businesses" This application will enable Noble Energy Inc. to monitor its remote oil and gas well sites operating in the Wattenberg field and numerous other wells in Weld County therefore providing an important service to its customers and by contributing to the Weld County economy. The proposed facility adheres to the sections noted above and is consistent with the intent of the agricultural zone district. 4. What types of uses surround the site? Explain how the proposed use is consistent and compatible with surrounding land uses. East — Farmland — no structures West — Farmland — no structures North — Farmland/single family residence — existing home site South — Farmland — no structures Noble Energy owns several gas wells and tank batteries in the area. The proposed use is consistent and compatible with surrounding land uses, which are comprised primarily of crop production and dry land agricultural uses. 5. Describe, in detail, the following: a. How many people will use this site? It is anticipated that Noble employees will only need to access the site one time per month to monitor the communication tower. b. How many employees are proposed to be employed at this site? There are no employees that are proposed to work at the site. c. What are the hours of operation? The communication tower will able to be monitored electronically seven days a week, 24 hours a day from Noble Energy's offices in Platteville. d. What type and how many structures will be erected (built) on this site? A 6'x6' steel radio shack is proposed to be located within the fenced area. It will contain radios and an Air conditioning and heating unit. e. What type and how many animals, if any, will be on this site? No animals will be located on the property. 2 f. What kind (type, size, weight) of vehicles will access this site and how often? There will be occasional maintenance vehicles that access the site approximately one time per month. g. Who will provide fire protection to the site? Platteville Fire Protection District. h. What is the water source on the property? (Both domestic and irrigation). Since the property will not require on -site personnel, them is no water source proposed for the property. A pre -application meeting with the County on February 6, 2009 determined that a well permit would not be required. What is the sewage disposal system on the property? (Existing and proposed). There is no sewage disposal system proposed for the property. j. If storage or warehousing is proposed, what type of items will be stored? Radio equipment, and an air conditioning and heating unit will be stored within a 6'x 6' steel storage building within the fenced in area. There are no chemicals proposed to be stored on site. 6. Explain the proposed landscaping for the site. The landscaping shall be separately submitted as a landscape plan map as part of the application submittal. There is no landscaping proposed for the site since disturbance to the existing condition of the site is expected to be minimal. 7. Explain any proposed reclamation procedures when termination of the Use by Special Review activity occurs. Should the facility be permanently discontinued, it would be marketed under applicable county planning and zoning regulations to its highest and best use. All equipment and structures would be removed from the site and the land would be returned to as close to existing conditions through re -vegetation of disturbed areas. 8. Explain how the storm water drainage will be handled on the site. The existing site consists of mainly prairie land and some weeds. There is an existing access road that comes through the site going north to south. This dirt road is located at the western end of the property. A looped road extends towards the center of the site. The site generally drains from northeast to southwest. On site soils are designated as Valent sand and Vona loamy sand, thus making the site a mix of hydrologic soil groups A and B. The proposed structures on the site will be a communication tower that will stand on three concrete bases. The tower will be surrounded by a fence creating a 30 by 30 foot square. The tower will be located in the western portion of the property. We anticipate that most of the site will remain undisturbed through the construction of the project and that imperviousness of the area will not significantly change after the tower is installed. The runoff from the site will continue to flow at the same rate and in the manner as it has historically. A pre -application meeting with the County on February 6, 2009 determined that a preliminary drainage report would not be required. • 3 9. Explain how long it will take to construct this site and when is construction and landscaping scheduled to begin. Construction of the facility is anticipated immediately upon approval of this application. It will take approximately 12 months to complete construction. Landscaping is not proposed with this application since disturbance to the site will be minimal. 10. Explain where storage and/or stockpile of wastes will occur on this site. There will be no waste generated from this site. 11. Additional information. Noble's preferred solution would have been to centralize the wireless radio network equipment at its Platteville office. However, the wells that need to be monitored are "hidden" from the office location due to a ridgeline east of Platteville. This physical/geographic constraint essentially eliminates any feasible "line -of -sight" view of the wells from the office (any tower would be exceedingly tall); therefore a tower location further to the east was selected. Additional purposes for facility include the following: 1. Create a network link between Noble's centrally -located Platteville, Colorado office to wireless radio equipment mounted on leased towers in Greeley and Kersey. 2. Implement a wireless radio system for remotely "polling" the wells. 3. Allow Noble to adjust and optimize production via monitoring of various system controls and environmental factors associated with the well facilities. 4 EMERGENCY CONTACT INFORMATION Name Job Title Main Number NOBLE ENERGY INC. Noble Energy Inc. Emergency # 1-970-785-5000 24 hour answering service Greg Pickerel Operations Manager 970-556-9814 ADDITIONAL EMERGENCY INFORMATION Ambulance Weld Co. Paramedic 970-353-5700 Fire Department Platteville Fire District 970-785-2232 County Sheriff 970-356-4015 Highway Patrol 877-315-7623 Utilities - Power United Power (303) -637 - 1350 Hospital - Local NC Medical Center 970-350-6000 Waste Handling Plan 1. There will be no waste generated from this site. 2. No permanent disposal of wastes take place at this site. 3. Fugitive dust, blowing debris, and other nuisance conditions will be minimized during construction. 4. The applicants operations will be in accordance with the approved Waste Handling Plan. 5. No potentially hazardous chemicals will be stored on site. 6. All development standards will be adhered to. Dust Abatement Plan 1. A water truck will be utilized to control dust on the site during construction. 2. The access road will consist of gravel road base. 3. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other nuisance conditions. 4. Fugitive dust and particulate emissions will be controlled on the site. 5. All development standards will be adhered to. • • A LICENSE FOR USE OF PROPERTY AS A COMMUNICATIONS SITE TO TRANSMIT DATA FROM OIL AND GAS OPERATIONS THIS LICENSE AGREEMENT is made by Roy T. Wardell, an individual residing in Platteville Colorado ("Grantor") and Noble Energy, Inc., a corporation whose address is 1625 Broadway, Suite 2200, Denver, Colorado 80202 ("Grantee")(each may be referenced as "Party" or collectively as "Parties"). The Parties acknowledge this document to be the Agreement of their promises and obligations under the following terms and conditions: SECTION A GRANT OF LICENSE The Grantor owns real property ("Property") described in Addendum A, attached and incorporated into this Agreement. Grantor grants to Grantee a License to construct, operate and maintain a wireless communication facility for use to transmit Grantee's oil and gas field data, as further defined below. SECTION B PERMITTED USE UNDER THE LICENSE Under this License the Grantee may install, place, use and operate on the Property: one omnidirectional antenna with a supporting structure, radio transmitting equipment (including up to four (4) two foot parabolic antennae), conduits, wires Including guy wires, batteries, generators, utility lines and supporting structures, fencing, telephone facilities, microwave equipment, buildings and shelters, control rooms and related equipment ("Facilities"), limited as follows: (1) There will no lighting on or around the Facilities visible from the exterior, other than during regular or emergency maintenance or repair. All lighting will be of a temporary nature, illuminated only during the period of maintenance or repair. There shall be no routinely -used lighting on the antenna or tower. (2) The Grantee's Facilities shall not Interfere with communications configurations, frequencies or operating equipment that exist on the Property. (3) The Grantee shall have the right to access the Property as necessary, via a route approved by the Grantor. (4) Grantee, at its sole expense, shall pay all costs of electricity on the Property. Its placement of equipment for electricity is subject to the consent of the Grantor. (5) Grantor, at his sole expense, shall have the right to connect to Grantee's electrical line, provided it doesn't interfere with Grantee's business. Grantor will pay for his electrical usage. (6) The antenna and supporting structure shall be no higher than 188 feet. SECTION C TERM OF THE LICENSE The term of the License is 99 years, unless terminated early by the Grantee. The Grantee may terminate this Agreement upon written notice to the Grantor. If the Grantee gives notice of termination within 90 days from execution of this Agreement, the Grantor and Grantee shall be relieved of all obligations under this License which shall be null and void, except the Grantee will pay the Grantor the sum of Two Thousand Five Hundred and no/100 Dollars ($2,500) for the time and cost of developing this License Agreement. This License is conditioned upon Grantee obtaining all Page 1 of 4 governmental licenses, permits and approvals enabling Grantee to operate a wireless communication facility on the Property. At the option of the Grantor, upon termination of the License the Grantee shall remove -its Facilities, including all foundations, conduits, anchors and supporting structures from the Property within 180 days or assign ownership to the Grantor. SECTION D COMPENSATION FOR THE LICENSSE Within 90 days of execution of this Agreement or at start of construction, whichever occurs first, the Grantee shall pay the Grantor the sum of Fifty -Three Thousand, Five Hundred Dollars ($53,500), subject to Grantee obtaining all governmental licenses, permits and approvals as noted in SECTION C. SECTION E DAMAGE TO GRANTOR'S PROPERTY Grantee shall exercise due care to avoid damage to Grantor's property and other personal property of Grantor. At the option of the Grantor, the Grantee shall repair, restore, replace, or pay Grantor the reasonable costs for repairing, restoring, or replacing damage to Grantor's property and personal property caused by Grantee's agents or employees performing work on the Property or the Facilities. SECTION F GATES AND FENCES Grantee acknowledges the Property may be used for livestock operations. During Grantee's operations on the Property, Grantee shall keep all gates and fences in the condition (open or closed) in which they are found at the time of Grantee's entry onto the Property. SECTION G MISCELLANEOUS 1. Blue Line Doctrine Should any court with jurisdiction find any provisions of this Agreement invalid, void or unenforceable, all remaining provisions remain in effect. 2. Construction Liens Grantee will keep the Property free of construction liens on the Property from Grantee's construction of Facilities. 3. Liability Insurance And Indemnification Grantee shall maintain adequate liability insurance. Grantee and Grantor will defend, indemnify and hold harmless the other Party for claims for injuries or death to it's respective employees or It's contractors as well as damage or loss of respective property of Party or It's contractors except for gross negligence of the Party, its employees, agents or sub -contractors on the Property. 4. Estoppel Certificate Grantor shall execute Estoppel Certificates as Grantee requests. 5. Federal. State. And Lgcal Taxes The Grantee shall be responsible for taxes that result from the Grantee's use of the License, or taxes upon the Facilities of the Grantee. 6. Integration The Agreement is the complete accord of the Parties, and any representation outside Agreement is null and void. Modifications shall be In writing and signed by all Parties. Page 2 of 4 7. Jurisdiction jurisdiction for this Agreement shall be the state of Colorado. No Waiver _ Failure to enforce any provision shall have no effect on any provision. 9. Notices and Chance of Address Any notice or communications among Parties shall be in writing and sent by means designed to assure actual notice. Any change of address by a Party shall be in writing. 10. Successor and Assigns This Agreement shall inure to the benefit of any assigns, heirs or successors of Parties. 11. ) ffecfve Dare The Agreement will be effective as of the date of last Party's signature AGREED this Zl day of-.)'^�+r 2009 tanner O1 0 O OC ZaU >Wtl �QO WZQ anent State of Colorado County of WAI c -- Grantor of License ggn ai The foregoing instrument was acknowledged before me on this Zi day of ✓ay 2009 by a. p1 0 GRANTEE g wor&(7 My Commission expires on 3 i7 /iZ my hand a Notary Public. Grantee of License Noble Energy, Inc By P. David Padgett, Attorney In Fact State of Colorado County of al seal. The foregoing instrument was acknowledged before me on this _ day of 2009 by My Commission expires on Witness my hand and official seal. Notary Public Page 3 of 4 • • ADDENDUM A The License granted by the Grantor to the Grantee allows use of property within the parcel described as follows: Township 3 North Range 65 West, 6th PM Section 19, NW i NW 3/4 The area to be used is specifically represented in the topographical map represented below, consisting of a portion of the Property containing no more than 900 square feet for a fenced area at the main facility and no more than 100 square feet at each of three guy wire anchors, as shown: TOPOGRAPHIC LOCATION SECTION 19, TOWNSHIP 3 NORTH, RANGE 65 WEST. 6TH P.M. r _ /-I Nwaec WAWA" CAP is 17310 1.2'CRAWL AD\ .- TANKAREA L stt=11- 19 N'74 8922' E e S' 0 1000 iv 1 n wn3EC I9 3reALUM CAP l$ 12320 NORTH I PFS SCAE AS 3ichwi 1801 Yl.17D Are. OBMPl, CO NON -EXTENT OP TO PO .... ± -_ NE SEC. I9 a1r ALIaL. CAI I1b11311! • 19I NW Y, 'AGM IIDI! ammo= Amu a ,.r fa PII A+ Iva CE7nut PROPOOCOTOMA 1 (b.033STINCIIIONIAAIDIT , --A-•MCC h • PIIQoi 113 tev es, • PROPOSED CUT wwc 'liII UI(L 11-07-0e 0104111, SA;t 11-11-0B Ir, SMF SIII 9Ar(e WARDELLTOWER tV91A 1 MMMAIO: N WELD NW 114 SEC. 19R�. RS5W Page 4 of 4 180' 170' I III TOWER IS DESIGNED AT 65 MPH FASTEST -MILE WIND SPEED PER TIA/EIA-222-F-1996 STANDARD AND 105 MPH 3 -SECOND GUST WIND SPEED PER THE CURRENT IBC & THE COLORADOCD BUILDING CODE WITH 1/2' RADIAL ICE (WITH REDUCTION) ANTENNAS LOADING cw.) y ti CZ4 FL., co m U °In,' R4 0, r- Gc7 m O a Y cr OM I H U i o o8 I —) 0 z n co I'l o N 130' (3) 138589Y WITH (3) 7/8' LINES AT TOP CO 2' DISH WITH (U CAT 5 CABLE AT 150'. 140'. 130'. 120' AND 110' (1) OMNI WITH (1) 7/8' LINE AT 100' q o cn a oz y = z A o a d w>I'd • m J # z o w _l 0 z i re • m 3 E7 V --FEEDLINES ARE OVER 3 TOWER FACES; TOTAL LINES OF 9. A MAX. OF 3 LINES EXPOSED TO THE WIND NOTES' W v in (v - Ii o r 90' ]0 1) 7 SAYS PER ' TOWER SECTION 2 ) STEEL WT. (TOWER ONLY) = 1.32 KIPS 3) ALL SECTIONS ARE WELDED AND Z BRACED 4) ADD 2D' CUT LENGTH TO THE CHORD GUY LENGTH w„ N N CL a a ¢ r- W o ti i " w a D (4 m i in a ,_.a w x 2 CIO in •a i m I c N r WIND LOAD, NOT SEISMIC LOAD, .a ,m, x • m a CONTROLS THE TOWER DESIGN 0 -. o w a 45' UMW-Ob60\AON9?J min 117.4' I QpO� REg� Ws " C/C LEGS ' • \�% S. t4 II 140' �:U I ° I 301 S v H=0.4K H12K V 24 KV=9K '3'.. R=15K'•±41 S/ONAL 04 nuu LEGS (50 KSD TOWER BRACING BRACE CONN. GUY WIRES ELEV. SIZE ELEV. DIAGONALS (36 KSI) ELEV. LENG. SIZE I.T. 0.-180' 1.5' 0 Y 0.12' WALL 0'-180' 7/16' 6 SOLID ROD (Z -B) VELDE0 45' 147' 1/4' EHS 0.67 K 90' 166' 1/4' EHS 0.67 K 130' 191' 3/8' EHS 1.54 K 170' 220' 3/8' EHS 1.54 K ELEV. GIRTS (36 KSI) 0'-180' 7/16' 0 SOLID ROD WELDED w cc GUY RADIUS = 140' mom ca Z X H U ¢ ¢ �Fa COk L7 W 0 I- cl w no} W li Il7J N -Jr ¢ Z 00OIZ O W W W O N EA., 3 REQUIRED) (CONC. = 1.5 BASE FOUNDATION (CONC. = 3.6 C.Y.. ONE REQUIRED) w wZ ti 5 3 W • I -o U J ZO w U 1-' r vJm Z I W w W MA ¢ dc~ oz n Ou 2 AC) mcI¢w rice I- Q Q Z WL<Z•-• L7NW W W Ol ❑ " G IT U V W< m at zofi7M N W L Q ¢- d A W Z W = zJ'WI_ O Wd I" W d h RANDY'S TOWER N_ W r U] vai d O N r O Y N o d J 2 o 0 a 180" ROHN #55G GUYED TOWER NOBLE ENERGY WARDELL, WELD CO., C❑ CSL JOB #2008J -40-3-A N 0 7 0 DESIGNED BY W rc e. 0 G3!ivd£-0tr80\A0NHJ d w h m N _JO M 1--1 o O O d `d ¢ N O ZQ�0• w M W a v II = W C z ip LD W V] 6-4 ¢ w U Q Li N C.2 LiL U Z0WWoM = U W W I N 1O 6 w QJ 2 O I - GI ¢ ow Vl Or W-11-1 CO W07l Wnr-CE -. C- L f7 V Lin DRILLED STRAIGHT PIER DESIGN BY CHI S. LEE, P.E., S.E. Page 1 of 1 5801 LORRAINE AVE., SIOUX CITY, IA 51106, PHONE & FAX # (712) 276-2142 E-MAIL: chislee-pe@juno.com 180' GT, WARDELL, WELD CO., CO (#2008J -40-3-A) 3-8-09 BASE REACTIONS :- SHEAR (kips) = 0.4 UPLIFT (kips) _ DOWNLOAD (kips) = 24.0 O.T. MOMENT (ft -k) _ SOIL AND CONCRETE DATA :- HT. OF PIER ABOVE GRADE (ft) DEPTH OF LOOSE TOP SOIL (ft) WEIGHT OF SOIL (pcf) WATER TABLE BELOW GRADE (ft) ANGLE OF SOIL FRICTION (deg) ULTIMATE COHESION (psf) NET ALLOWABLE SOIL BEARING CAPACITY S.F. FOR ULTIMATE SOIL STRENGTH SAFETY FACTOR FOR CONCRETE Fy OF RE -BARS (ksi) Fc OF CONCRETE (ksi) ULTIMATE UPLIFT SKIN FRICTION psf 0 2000 5000 ULTIMATE DOWNLOAD SKIN FRICTION psf 0 2000 5000 (psf) .5 5 120 999 30 1000 25000 2 1.25 40 3 DEPTH OF STRATA FROM TO ft ft 0.0 5.0 12.0 *** DRILLED STRAIGHT PIER DATA AND CAPACITIES *** UPLIFT RESISTANCE DUE TO SKIN FRICTION (kips) UPLIFT RESISTANCE DUE TO WT. OF CONCRETE (kips) TOTAL ALLOWABLE UPLIFT RESISTANCE (kips) DOWNLOAD RESISTANCE DUE TO SKIN FRICTION (kips) DOWNLOAD RESISTANCE DUE TO END BEARING (kips) TOTAL ALLOWABLE DOWNLOAD RESISTANCE (kips) CALCULATED LATERAL SOIL PRESSURE AT TOP (ksf) ALLOWABLE LATERAL SOIL PRESSURE AT TOP (ksf) CALCULATED LATERAL SOIL PRESSURE AT BOTTOM (ksf) ALLOWABLE LATERAL SOIL PRESSURE AT BOTTOM (ksf) DIAMETER OF CAISSON (ft) DEPTH OF CAISSON BELOW GRADE (ft) TOTAL LENGTH OF CAISSON (ft) VOLUME OF CONCRETE OF EACH CAISSON (cu. yd.) MAX. MOMENT AT CAISSON BELOW GRADE (ft -k) REQUIRED AREA OF VERTICAL RE -BARS (sq. in.) MINIMUM REQUIRED As = (0.5%)(Ag) (sq. in.) 5.0 12.0 30.0 0.0 0.0 lNlOry % P �o RE0, Q ' (•. 0 F �\S. I °; 30 = 326.73 = 11.50 = 338.22 = 326.73 = 78.50 = 405.23 • 0.02 • 3.26 = 0.01 = 6.23 = 2.00 = 30.00 = 30.50 = 3.55 4.7 2.26 2.26 GUY ANCHOR BLOCK DESIGN BY CHI S. LEE, P.E., S.E. Page 1 OF 1 5801 LORRAINE AVE., SIOUX CITY, IA 51106. PHONE & FAX NO. (712) 276-2142 E-MAIL: chislee-pe©juno.com 180' GT, WARDELL, WELD CO., CO (#2008J -40-3-A) 3-8-09 GUY ANCHOR REACTIONS: - HORIZONTAL FORCE = 12.00 kips UPLIFT FORCE = 9.00 kips ANGLES OF CONE OF UPLIFT (deg) FRONT ANGLE = 30 BACK ANGLE = 30 SIDE ANGLES = 30 WATER TABLE BELOW GRADE (ft) WEIGHT OF SOIL (pcf) SAFETY FACTOR OF SOIL REQUIRED WEIGHT OF CONCRETE (pcf) SAFETY FACTOR OF CONCRETE REQUIRED ULTIMATE PASSIVE PRESSURE (psf/ft) DEPTH OF TOP SOIL IGNORED (ft.) ULTIMATE FRICTION COEFFICIENT (u) ULTIMATE SIDE FRICTION (psf) 999 120 2 150 1.25 250 0 .3 0 *** REQUIRED ANCHOR BLOCK SIZE AND CAPACITY LENGTH (ft) = 10.00* WIDTH (ft) = 2.00* HEIGHT (ft) = 2.00 DEPTH TO BOTTOM OF BLOCK (ft) = 6.00 * ANCHOR BLOCK WITHOUT UNDERCUT ALLOWABLE HORIZONTAL SOIL RESISTANCE (kips) ALLOWABLE HORIZONTAL BASE FRICTION (kips) TOTAL ALLOWABLE HORIZONTAL RESISTANCE (kips) ALLOWABLE WEIGHT OF SOIL AND CONCRETE (kips) = 17.66 ALLOWABLE UPLIFT RESISTANCE OF SIDE FRICTION (kips) = 0.00 TOTAL ALLOWABLE UPLIFT RESISTANCE (kips) = 17.66 *** U = ( 0.9*D + 1.3*W) Fy OF RE -BARS (ksi) Fc OF CONCRETE (ksi) AREA OF RE -BARS OF TOP OF BLOCK (sq. in.) AREA OF RE -BARS OF FRONT FACE (sq. in.) TOTAL REQ'D MIN. AREA OF RE -BARS (sq. in.) VOLUME OF CONCRETE OF EACH BLOCK (cu. yd.) 40.00 3.00 0.27 = 0.36 1.58 1.48 12.50 = 0.90 13.40 GUYED TOWER COMPUTER PROGRAM BY CHI S. LEE, P.E., S.E. Page 1 5801 LORRAINE AVE., SIOUX CITY, IA 51106. FAX OR PHONE (712) 276-2142 E-MAIL: chislee-pe@juno.com 180' ROHN #55G, WELD CO., CO (#2008J -40-3-A) 3-8-09 85 MPH WIND + .5 in. ICE (WITH REDUCTION) PER EIA-222-F-1996 FEEDLINES ARE OVER 3 TOWER FACES TOTLA LINES = 9; MAX. OF 3 LINES ARE FULLY EXPOSED TO THE WIND INPUT DATA FILE LEEGT-F\0840-3A.DAT ***** GUYED TOWER ***** TOWER HEIGHT (ft.) RADIAL ICE (in.) WIND SPEED (mph) NO. OF SET OF ANCHORS REQ'ED GUY SAFETY FACTOR BASE CONDITION ANCHOR AZIMUTHS (deg) RANGE OF TEMPERATURE CHANGE SHAPE OF TOWER SECTIONS *** NOTES *** = 180 = .5 = 74 = 1 = 2 = PINNED = 0 , 120 , = 80 degrees F = TRIANGULAR 240 THE FOLLOWING THREE (3) CASES HAVE BEEN CONSIDERED FOR THE TOWER ANALYSIS: 1) WIND INTO LEG 2) WIND INTO FACE 3) WIND PARALLEL TO FACE GUYED TOWER COMPUTER PROGRAM BY CHI S. LEE, P.E., S.E. Page 2 5801 LORRAINE AVE., SIOUX CITY, IA 51106. FAX OR PHONE (712) 276-2142 E-MAIL: chislee-pe@juno.com 180' ROHN #55G, WELD CO., CO (#2008J -40-3-A) 3-8-09 85 MPH WIND + .5 in. ICE (WITH REDUCTION) PER EIA-222-F-1996 FEEDLINES ARE OVER 3 TOWER FACES TOTLA LINES = 9; MAX. OF 3 LINES ARE FULLY EXPOSED TO THE WIND INPUT DATA FILE LEEGT-F\0840-3A.DAT ***** ANTENNA LOADING ***** ELEV. PROJ. WIND DEAD ANTENNA DESCRIPTION AREA LOAD LOAD TORQUE OF ft. sq.ft. kips kips k -ft ANTENNA 180 12.0 0.31 0.30 0.0 (3) DB 589Y 150 5.0 0.12 0.10 0.1 2' DISH 140 5.0 0.12 0.10 0.1 2' DISH 130 5.0 0.12 0.10 0.1 2' DISH 120 5.0 0.11 0.10 0.1 2' DISH 110 5.0 0.11 0.10 0.1 2' DISH 100 4.0 0.09 0.10 0.0 OMNI GUYED TOWER COMPUTER PROGRAM BY CHI S. LEE, P.E., S.E. Page 3 5801 LORRAINE AVE., SIOUX CITY, IA 51106. FAX OR PHONE (712) 276-2142 E-MAIL: chislee-pe@juno.com 180' ROHN #55G, WELD CO., CO (#2008J -40-3-A) 3-8-09 85 MPH WIND + .5 in. ICE (WITH REDUCTION) PER EIA-222-F-1996 FEEDLINES ARE OVER 3 TOWER FACES TOTLA LINES = 9; MAX. OF 3 LINES ARE FULLY EXPOSED TO THE WIND INPUT DATA FILE LEEGT-F\0840-3A.DAT ***** LINEAR ATTACHMENT ***** ELEVATION EFFECTIVE AREA ft. sq.ft/ft. 180 180 150 140 130 120 110 100 0.20 0.60 0.00 0.00 0.00 0.00 0.00 0.00 DEAD LOAD k/ft 0.003 0.006 0.002 0.002 0.002 0.002 0.002 0.002 DESCRIPTION OF ATTACHMENT RUNGS + W.G. CLIPS (3) 7/8 LINES CAT 5 CAT 5 CAT 5 CAT 5 CAT 5 7/8 LINE GUYED TOWER COMPUTER PROGRAM BY CHI S. LEE, P.E., S.E. Page 4 5801 LORRAINE AVE., SIOUX CITY, IA 51106. FAX OR PHONE (712) 276-2142 E-MAIL: chislee-pe@juno.com 180' ROHN #55G, WELD CO., CO (#2008J -40-3-A) 3-8-09 85 MPH WIND + .5 in. ICE (WITH REDUCTION) PER EIA-222-F-1996 FEEDLINES ARE OVER 3 TOWER FACES TOTLA LINES = 9; MAX. OF 3 LINES ARE FULLY EXPOSED TO THE WIND INPUT DATA FILE LEEGT-F\0840-3A.DAT **** TOWER SECTION DATA **** ELEVATION PROJ. Ag e Cf EFFECTIVE WIND WIND DEAD FROM TO AREA AREA PRESSURE LOAD LOAD ft ft ft-2/ft ft"2/ft ft"2/ft ksf k/ft k/ft 0 45 0.34 1.63 0.335 2.21 0.75 0.016 0.012 0.009 45 90 0.34 1.63 0.335 2.21 0.75 0.019 0.015 0.009 90 130 0.34 1.63 0.335 2.21 0.75 0.022 0.017 0.009 130 170 0.34 1.63 0.335 2.21 0.75 0.024 0.018 0.009 170 180 0.34 1.63 0.335 2.21 0.75 0.026 0.019 0.009 *** GUYED TOWER CONFIGURATION AND TOTAL UNIFORM LOADS OF SECTIONS *** GUY GUY ANCHOR # OF UNIF UNIF ANT'S ECC. WIND* LEG FACE TORQ/ ELEV RADIUS LEVEL GUYS WIND WT WT ARM LOAD AREA WIDTH ELEV ft ft ft /ELEV k/ft k/ft k ft psf in2 ft ft -k 45 140 0.0 3 0.024 0.030 0.00 0.40 16 0.52 1.42 0.0 90 140 0.0 3 0.030 0.030 0.00 O.40 17 0.52 1.42 0.1 130 140 0.0 3 0.034 0.027 0.40 0.40 19 0.52 1.42 0.1 170 140 0.0 3 0.038 0.020 0.20 0.50 21 0.52 1.42 0.1 CANTILEVER ARM :- 0.040 0.018 0.30 0.52 1.42 0.0 * MEANS WIND PRESSURE ON GUYS GUYED TOWER COMPUTER PROGRAM BY CHI S. LEE, P.E., S.E. Page 5 5801 LORRAINE AVE., SIOUX CITY, IA 51106. FAX OR PHONE (712) 276-2142 E-MAIL: chislee-pe@juno.com 180' ROHN #55G, WELD CO., CO (#2008J -40-3-A) 3-8-09 85 MPH WIND + .5 in. ICE (WITH REDUCTION) PER EIA-222-F-1996 FEEDLINES ARE OVER 3 TOWER FACES TOTLA LINES = 9; MAX. OF 3 LINES ARE FULLY EXPOSED TO THE WIND INPUT DATA FILE LEEGT-F\0840-3A.DAT ***** TOWER'S MEMBER DATA ***** Fy of LEGS = 50 ksi Fy of DIAGONALS = 36 ksi Fy of GIRTS = 36 ksi SEC. LENGTH MEMBER DIAG K- L r AREA KL/ Fa ALLOW FROM TO SIZE CONFIG VALUE r or Ft LOAD ft ft in. in. in2 ksi kips *** LEGS OF TOWER *** 0 180 1.5 OD X 0.12 Z 2.38 16.0 0.49 0.52 78 19.47 10.12 *** DIAGONALS OF TOWER *** 0 180 0.4375 ROD Z 0.7 17.0 0.11 0.15 109 11.78 1.77 GUYED TOWER COMPUTER PROGRAM BY CHI S. LEE, P.E., S.E. Page 6 5801 LORRAINE AVE., SIOUX CITY, IA 51106. FAX OR PHONE (712) 276-2142 E-MAIL: chislee-pe@juno.com 180' ROHN #55G, WELD CO., CO (#2008J -40-3-A) 3-8-09 85 MPH WIND + .5 in. ICE (WITH REDUCTION) PER EIA-222-F-1996 FEEDLINES ARE OVER 3 TOWER FACES TOTLA LINES = 9; MAX. OF 3 LINES ARE FULLY EXPOSED TO THE WIND INPUT DATA FILE LEEGT-F\0840-3A.DAT ***** GUY WIRE DATA ***** GUY ELEV GUY *DIAMETER AREA B.S. I.T. *GUY WT. E ft. SIZE in. sq.in. kips kips lb/ft ksi 170 3/8 EHS 1.375 0.08 15.40 1.54 0.807 21000 130 3/8 EHS 1.375 0.08 15.40 1.54 0.807 21000 90 1/4 EHS 1.250 0.04 6.65 0.67 0.579 21000 45 1/4 EHS 1.250 0.04 6.65 0.67 0.579 21000 * MEANS ICE IS INCLUDED, IF ANY GUYED TOWER COMPUTER PROGRAM BY CHI S. LEE, P.E., S.E. Page 7 5801 LORRAINE AVE., SIOUX CITY, IA 51106. FAX OR PHONE (712) 276-2142 E-MAIL: chislee-pe@juno.com 180' ROHN #55G, WELD CO., CO (#2008J -40-3-A) 3-8-09 85 MPH WIND + .5 in. ICE (WITH REDUCTION) PER EIA-222-F-1996 FEEDLINES ARE OVER 3 TOWER FACES TOTLA LINES = 9; MAX. OF 3 LINES ARE FULLY EXPOSED TO THE WIND INPUT DATA FILE LEEGT-F\0840-3A.DAT ***** RESULTS OF ANALYSIS ***** GUY GUY GUY BREAKING I.T. MAX. GUY GUY SAFETY ELEV LENGTH SIZE STRENGTH TENSION SAFETY FACTOR ft ft in kips kips kips FACTOR REQ'D 170 220 3/8 EHS 15.40 1.54 5.04 3.06 2.00 130 191 3/8 EHS 15.40 1.54 4.40 3.50 2.00 90 166 1/4 EHS 6.65 0.67 2.90 2.29 2.00 45 147 1/4 EHS 6.65 0.67 2.42 2.75 2.00 GUY GUY MOMENT DEFLECTION SWAY TWIST ELEVATION RADIUS OF OF OF OF INERTIA TOWER TOWER TOWER ft. ft. in"2ft"2 ft. deg. deg. 170 140 0.52 0.730 0.40 0.84 130 140 0.52 0.449 -0.22 0.85 90 140 0.52 0.602 0.30 1.27 45 140 0.52 0.368 0.47 0.00 GUYED TOWER COMPUTER PROGRAM BY CHI S. LEE, P.E., S.E. Page 8 5801 LORRAINE AVE., SIOUX CITY, IA 51106. FAX OR PHONE (712) 276-2142 E-MAIL: chislee-pe@juno.com 180' ROHN #55G, WELD CO., CO (#2008J -40-3-A) 3-8-09 85 MPH WIND + .5 in. ICE (WITH REDUCTION) PER EIA-222-F-1996 FEEDLINES ARE OVER 3 TOWER FACES TOTLA LINES = 9; MAX. OF 3 LINES ARE FULLY EXPOSED TO THE WIND INPUT DATA FILE LEEGT-F\0840-3A.DAT ***** RESULTS OF ANALYSIS ***** GUY LOCATION END VERT LEG TORQUE WIND TOTAL DIAG GIRT ELEV OF END MOMENT LOAD LOAD SHEAR SHEAR SHEAR LOAD LOAD ft FORCES ft -k kips kips kips kips kips kips kips 170 ABOVE -5.04 0.6 4.3 0.0 0.7 0.7 0.7 0.0 BELOW 5.04 7.3 6.5 0.0 0.8 0.8 0.7 0.0 130 ABOVE -7.49 8.5 8.9 0.0 1.0 1.0 0.9 0.0 BELOW 7.49 13.9 10.7 0.0 0.7 0.7 0.6 0.0 90 ABOVE -7.34 15.7 11.2 0.0 0.7 0.7 0.7 0.0 BELOW 7.34 18.5 12.1 0.0 0.7 0.7 0.6 0.0 45 ABOVE -5.84 20.2 11.5 0.0 0.6 0.6 0.6 0.0 BELOW 5.84 21.6 11.9 0.0 0.7 0.7 0.6 0.0 0 ABOVE -0.00 23.2 7.7 0.0 0.4 0.4 0.4 0.0 GUYED TOWER COMPUTER PROGRAM BY CHI S. LEE, P.E., S.E. Page 9 5801 LORRAINE AVE., SIOUX CITY, IA 51106. FAX OR PHONE (712) 276-2142 E-MAIL: chislee-pe@juno.com 180' ROHN #55G, WELD CO., CO (#2008J -40-3-A) 3-8-09 85 MPH WIND + .5 in. ICE (WITH REDUCTION) PER EIA-222-F-1996 FEEDLINES ARE OVER 3 TOWER FACES TOTLA LINES = 9; MAX. OF 3 LINES ARE FULLY EXPOSED TO THE WIND INPUT DATA FILE LEEGT-F\0840-3A.DAT *** GUY ANCHOR REACTIONS (THE WORST CASE) *** ANCHOR NO. 1 (GUY RADIUS = 140 ft.) HORIZONTAL FORCE = 11.17 kips UPLIFT FORCE = 9.19 kips RESULTANT = 14.46 kips *** TOWER BASE REACTIONS *** AXIAL DOWNLOAD = 23.22 kips HORIZONTAL FORCE = 0.42 kips BENDING MOMENT = 0.00 ft -k ESTIMATED TOWER STEEL WEIGHT ONLY = 1.32 kips GUYED TOWER COMPUTER PROGRAM BY CHI S. LEE, P.E., S.E. Page 10 5801 LORRAINE AVE., SIOUX CITY, IA 51106. FAX OR PHONE (712) 276-2142 E-MAIL: chislee-pe@juno.com 180' ROHN #55G, WELD CO., CO (#2008J -40-3-A) 3-8-09 85 MPH WIND + .5 in. ICE (WITH REDUCTION) PER EIA-222-F-1996 FEEDLINES ARE OVER 3 TOWER FACES TOTLA LINES = 9; MAX. OF 3 LINES ARE FULLY EXPOSED TO THE WIND INPUT DATA FILE LEEGT-F\0840-3A.DAT ***** SHEARS, MOMENTS AND AXIAL LOADS OF PANEL POINTS ***** SPAN NO. 5 SPAN LENGTH = 10.0 FT. ELEV. SHEAR MOMENT VERTICAL LEG LEG DIAG DIAG GIRT GIRT LOAD LOAD CSR LOAD CSR LOAD CSR ft. kips ft -k kips kips kips kips 180.0 0.00 0.00 0.00 0.0 0.00 0.0 0.00 0.0 0.00 179.0 0.35 -0.33 0.42 0.4 0.04 0.3 0.18 0.0 0.00 178.0 0.39 -0.69, 0.43 0.7 0.07 0.3 0.20 0.0 0.00 177.0 0.43 -1.10 0.45 1.0 0.10 0.4 0.22 0.0 0.00 176.0 0.46 -1.54 0.47 1.4 0.14 0.4 0.24 0.0 0.00 175.0 0.50 -2.03 0.49 1.8 0.18 0.5 0.26 0.0 0.00 174.0 0.54 -2.55 0.51 2.2 0.22 0.5 0.28 0.0 0.00 173.0 0.58 -3.11 0.53 2.7 0.27 0.5 0.30 0.0 0.00 172.0 0.62 -3.72 0.54 3.2 0.32 0.6 0.32 0.0 0.00 171.0 0.66 -4.36 0.56 3.7 0.37 0.6 0.34 0.0 0.00• 170.0 0.74 -5.04 0.58 4.3 0.42 0.7 0.38 0.0 0.00 NOTES: - (1) CSR MEANS COMBINED STRESS RATIO (2) DIAGONAL AND/OR GIRT LOADS ARE PER TOWER FACE (3) DESIGN LOAD OF REDUNDANTS = 1.5% OF LEG LOAD GUYED TOWER COMPUTER PROGRAM BY CHI S. LEE, P.E., S.E. Page 11 5801 LORRAINE AVE., SIOUX CITY, IA 51106. FAX OR PHONE (712) 276-2142 E-MAIL: chislee-pe@juno.com 180' ROHN #55G, WELD CO., CO (#2008J -40-3-A) 3-8-09 85 MPH WIND + .5 in. ICE (WITH REDUCTION) PER EIA-222-F-1996 FEEDLINES ARE OVER 3 TOWER FACES TOTLA LINES = 9; MAX. OF 3 LINES ARE FULLY EXPOSED TO THE WIND INPUT DATA FILE LEEGT-F\0840-3A.DAT ***** SHEARS, MOMENTS AND AXIAL LOADS OF PANEL POINTS ***** SPAN NO. 4 SPAN LENGTH = 40.0 FT. ELEV. SHEAR MOMENT VERTICAL LEG LEG DIAG DIAG GIRT GIRT LOAD LOAD CSR LOAD CSR LOAD CSR ft. kips ft -k kips kips kips kips 170.0 0.78 5.04 7.32 6.5 0.65 0.7 0.40 0.0 0.00 166.0 -0.63 -2.22 7.80 4.4 0.44 0.6 0.32 0.0 0.00 162.0 -0.48 0.00 7.88 2.6 0.26 0.4 0.25 0.0 0.00 158.0 -0.33 1.62 7.96 4.0 0.39 0.3 0.17 0.0 0.00 154.0 -0.18 2.64 8.04 4.8 0.48 0.2 0.09 0.0 0.00 150.0 0.09 3.06 8.12 5.2 0.51 0.1 0.05 0.0 0.00 146.0 0.24 2.39 8.20 4.7 0.46 0.2 0.12 0.0 0.00 142.0 0.39 1.12 8.28 3.7 0.36 0.4 0.20 0.0 0.00 138.0 0.66 -0.99 8.36 3.6 0.36 0.6 0.34 0.0 0.00 134.0 0.81 -3.94 8.44 6.0 0.59 0.7 0.42 0.0 0.00 130.0 1.00 -7.49 8.52 8.9 0.88 0.9 0.52 0.0 0.00 NOTES: - (1) CSR MEANS COMBINED STRESS RATIO (2) DIAGONAL AND/OR GIRT LOADS ARE PER TOWER FACE (3) DESIGN LOAD OF REDUNDANTS = 1.51 OF LEG LOAD GUYED TOWER COMPUTER PROGRAM BY CHI S. LEE, P.E., S.E. Page 12 5801 LORRAINE AVE., SIOUX CITY, IA 51106. FAX OR PHONE (712) 276-2142 E-MAIL: chislee-pe@juno.com 180' ROHN #55G, WELD CO., CO (#2008J -40-3-A) 3-8-09 85 MPH WIND + .5 in. ICE (WITH REDUCTION) PER EIA-222-F-1996 FEEDLINES ARE OVER 3 TOWER FACES TOTLA LINES = 9; MAX. OF 3 LINES ARE FULLY EXPOSED TO THE WIND INPUT DATA FILE LEEGT-F\0840-3A.DAT ***** SHEARS, MOMENTS AND AXIAL LOADS OF PANEL POINTS ***** SPAN NO. 3 SPAN LENGTH = 40.0 FT. ELEV. SHEAR MOMENT VERTICAL LEG LEG DIAG DIAG GIRT GIRT LOAD LOAD CSR LOAD CSR LOAD CSR ft. kips ft -k kips kips kips kips 130.0 0.69 7.49 13.90 10.7 1.06 0.6 0.36 0.0 0.00 126.0 -0.87 -9.70 14.71 12.8 1.26 0.8 0.44 0.0 0.00 122.0 -0.73 -6.51 14.81 10.2 1.01 0.7 0.37 0.0 0.00 118.0 -0.48 -4.10 14.92 8.3 0.82 0.4 0.24 0.0 0.00 114.0 -0.34 -2.47 15.03 7.0 0.69 0.3 0.17 0.0 0.00 110.0 -0.09 -1.39 15.14 6.2 0.61 0.1 0.05 0.0 0.00 106.0 0.05 -1.31 15.25 6.1 0.61 0.0 0.02 0.0 0.00 102.0 0.19 -1.77 15.36 6.6 0.65 0.2 0.10 0.0 0.00 98.0 0.41 -2.96 15.47 7.6 0.75 0.4 0.21 0.0 0.00 94.0 0.55 -4.87 15.58 9.2 0.90 0.5 0.28 0.0 0.00 90.0 0.73 -7.34 15.69 11.2 1.11 0.7 0.37 0.0 0.00 NOTES: - (1) CSR MEANS COMBINED STRESS RATIO (2) DIAGONAL AND/OR GIRT LOADS ARE PER TOWER FACE (3) DESIGN LOAD OF REDUNDANTS = 1.5% OF LEG LOAD IND GUYED TOWER COMPUTER PROGRAM BY CHI S. LEE, P.E., S.E. Page 13 5801 LORRAINE AVE., SIOUX CITY, IA 51106. FAX OR PHONE (712) 276-2142 E-MAIL: chislee-pe®juno.com 180' ROHN #55G, WELD CO., CO (#2008J -40-3-A) 3-8-09 85 MPH WIND + .5 in. ICE (WITH REDUCTION) PER EIA-222-F-1996 FEEDLINES ARE OVER 3 TOWER FACES TOTLA LINES = 9; MAX. OF 3 LINES ARE FULLY EXPOSED TO THE WIND INPUT DATA FILE LEEGT-F\0840-3A.DAT ***** SHEARS, MOMENTS AND AXIAL LOADS OF PANEL POINTS ***** SPAN NO. 2 SPAN LENGTH = 45.0 FT. ELEV. SHEAR MOMENT VERTICAL LEG LEG DIAG DIAG GIRT GIRT LOAD LOAD CSR LOAD CSR LOAD CSR ft. kips ft -k kips kips kips kips 90.0 0.71 7.34 18.53 12.1 1.20 0.6 0.36 0.0 0.00 85.5 -0.57 -4.46 18.94 9.9 0.98 0.5 0.29 0.0 0.00 81.0 -0.44 -2.19 19.07 8.1 0.80 0.4 0.22 0.0 0.00 76.5 -0.30 -0.52 19.21 6.8 0.67 0.3 0.16 0.0 0.00 72.0 -0.17 0.54 19.35 6.9 0.68 0.2 0.09 0.0 0.00 67.5 -0.03 0.99 19.48 7.3 0.72 0.0 0.02 0.0 0.00 63.0 0.10 0.84 19.62 7.2 0.71 0.1 0.05 0.0 0.00 58.5 0.24 0.08 19.76 6.6 0.66 0.2 0.12 0.0 0.00 54.0 0.37 -1.29 19.89 7.7 0.76 0.3 0.19 0.0 0.00 49.5 0.51 -3.26 20.03 9.3 0.92 0.5 0.26 0.0 0.00 45.0 0.64 -5.84 20.17 11.5 1.13 0.6 0.33 0.0 0.00 NOTES: - (1) CSR MEANS COMBINED STRESS RATIO (2) DIAGONAL AND/OR GIRT LOADS ARE PER TOWER FACE (3) DESIGN LOAD OF REDUNDANTS = 1.5% OF LEG LOAD �i M GUYED TOWER COMPUTER PROGRAM BY CHI S. LEE, P.E., S.E. Page 14 5801 LORRAINE AVE., SIOUX CITY, IA 51106. FAX OR PHONE (712) 276-2142 E-MAIL: chislee-pe@juno.com 180' ROHN #55G, WELD CO., CO (#2008J -40-3-A) 3-8-09 85 MPH WIND + .5 in. ICE (WITH REDUCTION) PER EIA-222-F-1996 FEEDLINES ARE OVER 3 TOWER FACES TOTLA LINES = 9; MAX. OF 3 LINES ARE FULLY EXPOSED TO THE WIND INPUT DATA FILE LEEGT-F\0840-3A.DAT ***** SHEARS, MOMENTS AND AXIAL LOADS OF PANEL POINTS ***** SPAN NO. 1 SPAN LENGTH = 45.0 FT. ELEV. SHEAR MOMENT VERTICAL LEG LEG DIAG DIAG GIRT GIRT LOAD LOAD CSR LOAD CSR LOAD CSR ft. kips ft -k kips kips kips kips 45.0 0.68 5.84 21.58 11.9 1.18 0.6 0.35 0.0 0.00 40.5 -.0.57 -3.03 21.99 9.8 0.97 0.5 0.29 0.0 0.00 36.0 -0.46 -0.72 22.13 8.0 0.79 0.4 0.24 0.0 0.00 31.5 -0.35 1.10 22.27 8.3 0.82 0.3 0.18 0.0 0.00 27.0 -0.24 2.43 22.40 9.4 0.93 0.2 0.12 0.0 0.00 22.5 -0.13 3.26 22.54 10.2 1.00 0.1 0.07 0.0 0.00 18.0 -0.02 3.59 22.68 10.5 1.04 0.0 0.01 0.0 0.00 13.5 0.09 3.44 22.81 10.4 1.03 0.1 0.05 0.0 0.00 9.0 0.20 2.79 22.95 9.9 0.98 0.2 0.10 0.0 0.00 4.5 0.31 1.64 23.09 9.0 0.89 0.3 0.16 0.0 0.00 0.0 0.42 -0.00 23.22 7.7 0.76 0.4 0.22 0.0 0.00 NOTES: - (1) CSR MEANS COMBINED STRESS RATIO (2) DIAGONAL AND/OR GIRT LOADS ARE PER TOWER FACE (3) DESIGN LOAD OF REDUNDANTS = 1.5% OF LEG LOAD Name: Roy Wardell c/o Noble Energy Count Attorney x Health Department Extension Office Emergency Mgt Office - Ed Herring x Sheriffs Office x Public Works _Housing Authority _Airport Authority x Building Inspection x Code Compliance Beth x Kim Ogle (Landscape Plans) _Lin (Addressing Change of Zone) Ambulance Services State Div. of Water Resources Geological Survey _Department of Health _Department of Transportation Historical Society _Water Conservation Board Oil & Gas Conservation Commission Division of Wildlife x South Hwy 66 (Loveland) _North Hwy 66 (Greeley) Division of Minerals/Geology Soil Conservation Districts _Big Thompson/ FTC Boulder Valley/Longmont _Brighton/SE Weld Centennial Greeley/West Greeley x Platte Valley West Adams Little Thompson Federal Government Agencies US Army Corps of Engrs USDA -APHIS Vet Service _Federal Aviation Admin (Structures over 200 ft or w/in 20000 ft of Pub Airport Federal Communications Comm REFERRAL LIST Towns & Cities Ault Berthoud Brighton Dacono Eaton Erie Evans Firestone _Fort Lupton Frederick Garden City Gilcrest Greeley Grover Hudson Johnstown Keenesburg Kersey LaSalle Lochbuie Longmont Mead Milliken _New Raymer Northglenn Nunn Pierce Platteville Severance Thornton Windsor Counties Adams Boulder Broomfield Larimer Case #: USR-1700 Fire Districts Ault F-1 Berthoud F-2 _Briggsdale F-24 Brighton F-3 Eaton F-4 Firestone/Frederick FPD _Fort Lupton F-5 Galeton F-6 Hudson F-7 Johnstown F-8 LaSalle F-9 _Mountain View F-10 Milliken F-11 Nunn F-12 Pawnee F-22 x Platteville F-13 Platte Valley F-14 _Poudre Valley F-15 _Raymer F-2 Southeast Weld F-16 Union Colony F-20 Wiggins F-18 Windsor/Severance F-17 Other School District RE- _ Central Colo. Water Cons RR _Ditch Company Art Elmquist (MUD Area) Commissioner x Spitzer likName: lC vy Wry �e ��z,�r �cu REFERRAL LIST I hoc c IV - Count / Towns & Cities Attorney _Ault V -Health Department _Berthoud _Extension Office Brighton Emergency Mgt Office - Ed Herring _Dacono VSheriffs Office _Eaton V Public Works __Erie _Housing Authority _Evans _Airport Authority _Firestone V Building Inspection _Fort Lupton OCCode Compliance S: Bet _N -Ann _Frederick Kim Ogle (Landscape ans) _Garden City _Lin (Addressing Change of Zone) Gilcrest _Ambulance Services _Greeley _Grover State _Hudson Div. _ of Water Resources _Johnstown _Geological Survey _Keenesburg _Department of Health _Kersey _Department of Transportation _LaSalle _Historical Society _Lochbuie _Water Conservation Board Longmont _Oil & Gas Conservation Commission _Mead _Milliken Division of Wildlife _New Raymer South Hwy 66 (Loveland) it 5 C "'-) 't _Northglenn _North Hwy 66 (Greeley) _Nunn _Division of Minerals/Geology _Pierce Soil Conservation Districts _Big Thompson/ FTC _Boulder Valley/Longmont Brighton/SE Weld Centennial Greeley/West Greeley latte Valley West Adams _Little Thompson Federal Government Agencies __US Army Corps of Engrs _USDA -APHIS Vet Service Federal Aviation Admin (Structures over 200 ft or w/in 20000 ft of Pub Airport _Federal Communications Comm Platteville Severance Thornton Windsor Counties Adams Boulder Broomfield Larimer Other School District RE- _ Central Cob. Water Conservancy Dist RR Ditch Company, Art Elmquist (MUD Area) Commissioner e4, yl� Fire Districts Ault F-1 Berthoud F-2 Briggsdale F-24 Brighton F-3 Eaton F-4 _Fort Lupton F-5 Galeton F-6 Hudson F-7 Johnstown F-8 LaSalle F-9 _Mountain View F-10 Milliken F-11 Nunn F-12 Pawnee F-22 Platteville F-13 _Platte Valley F-14 Poudre Valley F-15 _Raymer F-2 Southeast Weld F-16 Union Colony F-20 Wiggins F-18 _Windsor/Severance F-17 Legal (Nal N uJ Y N . g- 65 Parcel ID# (7 I -S 4 1 OoQc ;> Zone Ay Acres? 3i;' w -_4c USDA 0 (")-/-N,-- Airport M Geo Haz' FP? Ado Panel # IGA? 'Llo ORD # MUD? ;kin N Osft Mae COLORADO DEPARTMENT OF PLANNING SERVICES SOUTHWEST OFFICE 4209 CR 24.5 LONGMONT, CO 80504 PHONE: (720) 652-4210, Ext. 8730 FAX: (720) 652-4211 May 22, 2009 NOTICE TO REFERRAL AGENCIES CASE NUMBER: USR-1700 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, July 7, 2009, at 1:30 p.m., in the Weld County Planning Department Hearing Room, 918 10th St, Greeley, Colorado. NAME: Roy Wardell c/o Noble Energy FOR: A Site Specific Development Plan and Use by Special Review Permit for a Major Facility of a Public Utility or Public Agencies (communication tower) in the A (Agricultural) Zone District. LEGAL DESCRIPTION: W2 of Section 19, T3N, R65W of the 6th P.M., Weld County, Colorado. LOCATION: South of and adjacent to CR 32 and '/: mile west of CR 39. 44, Weld County Referral April 17, 2009 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Roy Wardell Case Number USR-1700 c/o Noble Energy Please Reply By May 17, 2009 Project A Site Specific Development Plan and Use by Special Review Permit for a Major Facility of a Public Utility or Public Agencies (communication tower) in the A (Agricultural) Zone District. Planner Jacqueline Hatch Legal Location W2 of Section 19, T3N, R65W of the 6th P.M., Weld County, Colorado. South of and adjacent to CR 32 and'/ mile west of CR 39 Parcel Number 1213 19 000003 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. You will be notified in writing of the Planning Commission date once the date is determined. We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because We have reviewed the request and find no conflicts with our interests. See attached letter. Comments - Signature Agency 1/-‘7 i 11.1c e.‘l✓; :..., 1 15714 ¢.j. Date c)---/ 2D% ❖Weld County Planning Dept. :•4209 CR 24.5, Longmont, CO. 80504 4(720) 652-4210 ext.8730 4(720) 652-4211 fax • a:44 COLORADO • Weld County Referral April 17, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant Roy Wardell Case Number USR-1700 do Noble Energy Please Reply By Project Legal Location Parcel Number May 17, 2009 Planner Jacqueline Hatch A Site Specific Development Plan and Use by Special Review Permit for a Major Facility of a Public Utility or Public Agencies (communication tower) in the A (Agricultural) Zone District. W2 of Section 19, T3N, R65W of the 6th P.M., Weld County, Colorado. South of and adjacent to CR 32 and Y mile west of CR 39 1213 19 000003 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. You will be notified in writing of the Planning Commission date once the date is determined. A We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: iOh ('PJy1 R AA-i Otriu, U'J�. -G\LO `G rA c QwA 4tl / nn�6 itrr n WCx-c n *Frj �1 Signature Agency Date 417-09 1-(9 Weld County Planning Dept. @4209 CR 24.5, Longmont, CO. 80504 4(720) 652-4210 ext.8730 •*(720) 652-4211 fax • Wilk COLORADO • Weld County Referral April 17, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant Please Reply By Project Legal Location Parcel Number Roy Wardell Case Number USR-1700 do Noble Energy May 17, 2009 Planner Jacqueline Hatch A Site Specific Development Plan and Use by Special Review Permit for a Major Facility of a Public Utility or Public Agencies (communication tower) in the A (Agricultural) Zone District. W2 of Section 19, T3N, R65W of the 6th P.M., Weld County, Colorado. South of and adjacent to CR 32 and 1A mile west of CR 39 1213 19 000003 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. You will be notified in writing of the Planning Commission date once the date is determined. ❑ We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because QWe have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Signature Agency Date 4 -(-j,O ❖Weld County Planning Dept. +4209 CR 24.5, Longmont, CO. 80504 ❖(720) 652-4210 ext.8730 ❖(720) 652-4211 fax • 46t4; WUDc COLORADO Weld County Referral April 17, 2009 W,t County HMV Department GREELEY OFFICE APR 222OO RECEIVED The Weld County Department of Planning Services has received the following item for review: Applicant Please Reply By Project Legal Roy Wardell Case Number USR-1700 do Noble Energy May 17, 2009 Planner Jacqueline Hatch A Site Specific Development Plan and Use by Special Review Permit for a Major Facility of a Public Utility or Public Agencies (communication tower) in the A (Agricultural) Zone District. W2 of Section 19, T3N, R65W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 32 and'/: mile west of CR 39 Parcel Number 1213 19 000003 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. You will be notified in writing of the Planning Commission date once the date is determined. ❑ We have reviewed the request and find that it does / does not comply with our Comprehensive Plan ecause We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Signature Agency Date +Weld County Planning Dept. +4209 CR 24.5, Longmont, CO. 80504 +(720) 652-4210 ext.8730 +(720) 652-4211 fax Apr, 23. 2009 11:47AM P1atollle / Gllcrest Flre No. 2818 P. 1 • 111k COLORADO Weld County Referral April 17, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant Roy Wardell Case Number USR-1700 do Noble Energy Please Reply By May 17, 2009 Planner Jacqueline Hatch Project A Site Specific Development Plan and Use by Special Review Permit for a Major Facility of a Public Utility or Public Agencies (communication tower) in the A (Agricultural) Zone District, Legal W2 of Section 19, T3N, R65W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to CR 32 and '% mile west of CR 39 Parcel Number 1213 19 000003 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new Information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. You will be notified in writing of the Planning Commission date once the date is determined. ❑ We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because 0 We have reviewed the request and find no conflicts with our interests. O See attached letter. Comments Signature Agency Date *Weld County Planning Dept. +4209 CR 24.5, Longmont CO. 80504 *(720) 652-4210 ext.8730 *(720) 652-4211 fax Atttl:rie WIiDc COLORADO • Weld County Referral April 17, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant Please Reply By Project Legal Location Parcel Number Roy Wardell Case Number USR-1700 do Noble Energy May 17, 2009 Planner Jacqueline Hatch A Site Specific Development Plan and Use by Special Review Permit for a Major Facility of a Public Utility or Public Agencies (communication tower) in the A (Agricultural) Zone District. W2 of Section 19, T3N, R65W of the 6th P.M., Weld County, Colorado. South of and adjacent to CR 32 and '/ mile west of CR 39 1213 19 000003 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. You will be notified in writing of the Planning Commission date once the date is determined. ❑ We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because pr We have reviewed the request and find no conflicts with our interests. Al See attached letter. Comments: Signature Agency Pew Date 5-Q _0rj t•Weld County Planning Dept. +4209 CR 24.5, Longmont, CO. 80504 +(720) 652-4210 ext.8730 +(720) 652-4211 fax Afrig COLORADO • • MEMORANDUM Weld County Planning Departmen GREELEY OFFICE MAY 08 ?nn4 RECEIVED TO: Jacqueline Hatch, Planning Services DATE: May 7, 2.009 FROM: Donald Carroll, Engineering Administrator SUBJECT: USR-1700, Roy Wardell do Noble Energy The Weld County Public Works Department has reviewed this proposal. Staff comments made During this phase of the process may not be all-inclusive, as other concerns or issues may arise during the remaining application process. Issues o concern must be resolved with the Public Works Department. Our comments and requirements are as follows: Weld County Road Classification Plan (FHU): (June 2002) WCR 32 is a collector road and requires an 80 -foot right-of- way at full build out. There is presently a 60 -foot right-of-way This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning (23-1-90), the required setback is measured from the future right-of-way line. Access: The applicant is indicating that the access is a leased road from H S Gathering, LLC, recording No. 2772879, ar existing 12 -foot gravel access road. Utilize the existing agricultural, oil and gas, and ditch roads that are necessary for your agricultural operation. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. All other vegetation, other than grasses. need to be maintained at a maximum height of 12 inches until the area is completely developed. The applicant shall indicate specifically on the plat the 30 -foot easement agreement with Rec. No. 2772879 to provide adequate access to the USR. Utilize the existing access to this parcel. The access shall be placed in such a location to have adequate sight distance in both directions and not below the crest of a hill or where physical obstructions are present. Traffic Study: The applicant is indicating that visitation to the site would be less than one per month. No traffic study is required. Drainage Report: No drainage report will be iequired; however. the applicant needs to submit a statement describing how the site drains. The applicant has completed this item. Staff had asked the applicant to provide the distance from the section line to the access road by scaling the drawing; it is approximately 70 feet from the section line east to the access road. Section Line: In researching right -or -way in Section 19, the west 'A, Weld County does not have right-of-way. The patent date of 3/3/1882 predates our 1889 resolution. Flood Hazard Development Standards: This area is not in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). pc: USR-1700 M:\PLANNING - DEVELOPMENT P.EVIEVV\USR-Use by Special Review USR 1685 Hansford\USR-1700.DOC • • MEMORANDUM TO: Jacqueline Hatch, Planning Services FROM: Lauren Light, Environmental Health SUBJECT: USR-1700 Noble Energy DATE: 5/15/2009 Environmental Health Services has reviewed this proposal for a 180 foot communications tower. As no employees will be located at the site, permanent water and sewer is not required. Portable toilets and hand washing units can be utilized during construction of the tower. Bottled water is sufficient for drinking provisions during construction. We have no objections to the proposal, however, we do recommend that the following conditions be part of any approval: We recommend that the following requirements be incorporated into the permit as development standards: 1. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. 3. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. 4. Fugitive dust and fugitive particulate emissions shall be controlled on this site. 5. This facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as delineated in Section 14-9-30 of the Weld County Code. 6. Bottled water shall be utilized for drinking during construction of the project. 7. Adequate toilet facilities (portable toilets) and hand washing units shall be provided during construction of the facility. 8. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. 9. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. 2 • Weld County Referral April 17, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant Please Reply By Project Legal Location Roy Wardell Case Number USR-1700 do Noble Energy May 17, 2009 Planner Jacqueline Hatch A Site Specific Development Plan and Use by Special Review Permit for a Major Facility of a Public Utility or Public Agencies (communication tower) in the A (Agricultural) Zone District. W2 of Section 19, T3N, R65W of the 6th P.M., Weld County, Colorado. South of and adjacent to CR 32 and '/2 mile west of CR 39 Parcel Number 1213 19 000003 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. You will be notified in writing of the Planning Commission date once the date is determined. ❑ We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because ❑ We have reviewed the request and find no conflicts with our interests. 4 See attached letter. Comments: Signature Agency Date I +Weld County Planning Dept. ❖4209 CR 24.5, Longmont, CO. 80504 4(720) 652-4210 ext.8730 ❖(720) 652-4211 tax • DEPARTME. OF PLANNINSERVICES ROe COLORADO BUILDING INSPECTION NORTH OFFICE 918 10th GREELEY, COLORADO 80631 PHONE (970) 353-6100, EXT.3540 FAX (970) 304-6498 SOUTH WEST OFFICE 4209 24.5 LONGMONT CO 80504 PHONE (720)6524210 ext. 8730 FAX (720)-65-4210 June 9, 2009 Applicant: Noble Energy Site Specific Development Plan and Special Review Permit for a communication tower USR-1700 Parcel: 1213 19 000003 There are no historical Building permits attached to this parcels. 1. A building permit shall be obtained prior to the construction of communication tower. 2. A plan review is required for each tower for which a building permit is required. Two complete sets of plans are required when applying for each permit. The Occupancy Classification will be determined by Chapter 3 of the 2006 International Building Code. 3. Buildings shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2006 International Building Code; 2006 International Mechanical Code; 2006 International Plumbing Code; 2006 International Fuel Gas Code; and the 2008 National Electrical Code and Chapter 29 of the Weld County Code. Please contact me for any further information regarding this project. Plans Examiner Weld County Building Inspection Dept. • • STATE OF COLORADO Bill Ritter, Jr., Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER Thomas E. Remington, Director 6060 Broadway Denver, Colorado 80216 Telephone: (303) 297-1192 wildlife.state.co.us May 12`s, 2009 Ms. Jacqueline Hatch Weld County Planning Dept. 4209 CR. 24.5 Longmont, CO 80504 Re: Roy Wardell, c/o Noble Energy Communication Tower Proposal (USR-1700) Dear Ms. Hatch: For Wildlife - For People The Colorado Division of Wildlife (CDOW) appreciates the opportunity to comment on the proposed communication tower project located south of Weld County Road 32, 'h mile east of Weld County Road 39. District Wildlife Manager Chris Mettenbrink visited the site, assessed potential impacts to wildlife, and compiled comments for this letter. The project site consists of sand sagebrush habitat which may be used by many different species of wildlife. Wildlife that would be most impacted by this communication tower are avian species including: red-tailed hawks, swainson hawks, northern harriers, bald eagles, golden eagles, kestrels, a variety of grassland songbirds, and many other species of migratory birds. The primary concern of communication towers on avian species would be increased injury and mortality of birds due to collision with the tower and guy wires that support the tower. These birds are protected from disturbance and take (killing) by the federal Migratory Bird Treaty Act the Raptor Act and the Bald and Golden Eagle Protection Act. In order to minimize risk to resident and migratory birds CDOW makes the following recommendations: The project proposal indicates that the tower will be supported by three guy wires. A free standing tower, without the need for guy wires would provide the least risk for birds and bats. If guy lines are used we recommend that daytime visual markers be placed along each guy wire to help prevent bird collisions with the wires. For guidance on the use of daytime visual markers, please refer to the publication Mitigating Bird Collisions with Power Lines: The State of the Art in 1994. Edison Electric Institute, Washington, D.C., 78 pp. Copies of this publication can be obtained via the Internet at http://www.eei.org/resources/pubcat/enviro/, or by calling 1-800/334-5453). We would also suggest that the proposed access road from the existing road to the facility be minimal in size to decrease habitat fragmentation to the extent possible. A one lane road to and from the facility to the existing road is recommended. Barbed-wire fencing around each guy wire should be constructed in a way that minimizes risk to wildlife. We would recommend that the top horizontal wire of the fence should be 40"or less above the ground, at least 12" spacing between the top two wires, and at least 18" from the bottom wire to the ground. It would be best that the top and bottom wire be smooth wire, and that stays not be used. For more information on wildlife friendly fences, please see our publication at http://wildlife.state.co.us/NR/rdonlyres/196BDD6A-8246-4577- 8A7D-598EB 149061C/0/fencing.pdf. Finally, security lighting that may be required at the facility should be shielded down to keep the light from leaving the boundary of the facility. This will reduce disturbance to wildlife in the area. DEPARTMENT OF NATURAL RESOURCES, Harris D. Sherman, Executive Director WILDLIFE COMMISSION, Brad Coors, Chair • Tim Glenn, Vice Chair • Dennis Buechler, Secretary • • Once again we appreciate the opportunity to comment on the proposed communication tower. If you have any questions, please feel free to contact District Wildlife Manager Chris Mettenbrink at (303) 654-7905. Thank you. Sincerely, Larry Rogstad, rea Wildlife Manager Cc: S. Yamashita, K. Green, C. Mettenbrink, L. Rogstad, and £le. M city CR 32 JJSR Boundary Property Boundary / /. e/ ,ul••,.�.'.r.j tow Now 400 HO3.1. V11131 aramsal IMO! b 133HS H3AOO dIAai nn Alttl3i3 3.C.4 a00im mia.�*• I r I N LL. O L cc W Z W Wtl Ez� J W g z U t m m WO a1, 7 14. U 3 CC 8 L � 0 Yri K 8 8 iI g s qi aI g ib L L. �v // Sa H i a, WPM. is i.•“an1 t1pt,. Yo.,I%NV ALIOM aI,.•11i^' OO.s,uiU.M,t,l100*151 we Lett ..,00c iiww'.n....w a a WELD COUNTY ROAD ACCESS INFORMATION SHEET Road File # RE #: Other Case #: Date: 3/20/09 Weld County Department of Public Works 111 H Street, P.O. Box 758, Greeley, Colorado 80632 Phone: (970) 356-4000, Ext. 3750 Fax: (970) 304-6497 1. Applicant Name: Rov T. Wardell Phone: (970) 785-0145 Address: 16512 Essex Road N. City Platteville State Co. Zip 80651 2. Address or Location of Access (see below) Section 19 Township 3N Range 65 Subdivision Block Lot Weld County Road #: 32 approx. 70' Side of Road South Distance from nearest intersection 3. Is there an existing access(es) to the property: Yes x No _ it of Accesses 1 4. Proposed Use: 0 Permanent El Temporary ❑ Residential/Agricultural ❑ Subdivision ® Industrial ❑ Commercial 0 Other 5. Site Sketch Legend for Access Description: AG = Agricultural RES = Residential O&G = Oil & Gas D.R. = Ditch Road O = House O = Shed A = Proposed Access ♦ = Existing Access Ni o4y WCR32 • S1W.D ?r ' ed Si2 OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions ❑ Installation Authorized ❑ Information Insufficient Reviewed By: Title: Certificate of Conveyances Services State of Colorado ) County of Weld ) Weld County Department of Planning STEWART TITLE OF COLORADO hereby certifies it has made a careful search of its record, and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded property to August 30, 1972. LEGAL DESCRIPTION: The W1/2 of Section 19, Township 3 North, Range 65 SWest of the 6`h P.M., County of Weld, State of Colorado. CONVEYANCES (if none appear, so state): Reception No.: Reception No.: 2301094 Reception No.: 2328477 Reception No.: 2524831 Reception No.: 2586864 Reception No.: 3423400 Reception No.: Reception No.: Book: 1132 at Page 195 Book: 1348 Book: 1378 Book: 1581 Book: 1639 Book: Book: Book: This Certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This Certificate is not to be construed as an Abstract of Title nor an opinion of Title, nor a guarantee Title, and the liability of STEWART TITLE OF COLORADO is hereby limited to the fee paid for this certificate. In Witness Whereof, STEWART TITLE OF COLORADO has caused this certificate to be signed by its property officer this 26th day of March, A.D., 2009, at 7:45 am. STEWART TITLE OF COLORADO BY: Qu1 aNt , )\_1t'ncte Authorized Signature 515 i rte,.., 15"ri Mille IfeRe r' e,• riliTent sae fastened Abreat♦•i1 4 '!;' : a. bknAe,d tie feel pert. and J. l 5 'dW 'f ell fond.. et the eenS.rle .'...y • 1r tizosIflI.151 a. aid pelt pelt' +' 61I lwl�l�Ml '.t l�iw.W tw dollars and other tattabtl o0tillNN!eel to Os eald perk e adtho eat areMW sat W, M, MMW.',.*; war ee dwnd end .cS..l.dnt a a W W ll &WI Mitt Spasm DA Cann pad past.. wets lbi aM p tlidea d9. rltlMtiilYY, jell toner, the mother et d«., ath saddle W Sheltie* W tYwabed, The /w.Red et • sr pared a f dlsa ..a MDo l theti {' ! Weld e et Calera% 04 She Seat halt (14) of see len alnets•b (19)1 ant th.i b eighteen (le)y In tosnehlp three (5) North, loop Shpt.!! Sixth lrtn•lpat Perldtany-'+''-i(d TOOlfli£! with .11 and .Innbe the bendlurnente nrisia4 orr.tetat and tb. •..nbn and nnrel.tl, ,,.Meer .1•1111610. the Si Mr. all the Mate, stir. 1..1•, Intern% Mlle awl &lrd whodunit h....titbits, at, In aM la the are betted palm, .Dt Me 1snMerna', _ TO NAT! AND TO DOLD W •ald Ren dre Anat'.palaed addnnlnd. sit, paid r.rih. of IM ..cold pert, the ennher .t the, ads mega Mai dlh kiln ea .. And the Wd par i at the tint pert, to Plata! hli�. wan._fl • .a resonant. ream. Mme andnr.e t. and Mb e.1d� Mia. et the a.nd x..I...dsw end the heirs and soigne ado that l 1T. Ore et MI «ib•4 De le well mid ofiM ps,.M. Mean .a.ned, le et Fool, RIM Mimie aims e!inheritance. s n1..,eMnsadltoeMto ! psi rapt, eapetmietel nMi Mort.,«lleMr.banreM welt,. Hoak lass, ornaments terndnl'saW WIsMnW . b.r sad .err annl., banyan., who Ilan puns. en.r.r.eh W ■esbneen at w► and the .bon bargained rename In 1M mil and peaceable p.readee of the add .J.'et ai nme par. dm pence et the% Mel' sedge. W lb. Mn sM .Sou et meek morn. ROOM d Ill# non Pat ne penal I..fally ebMlnr or to rhino lM .bW or any par thereof. W Wei par ! t if anal gel shall W telW il� WARRANTIESSWhND £RER the tw• et the fret meths d Weenie p!k hie lead , sad IN {YtTNrsa awl Tar nOF oboe. Wdper i «r tM derWrnr nrrt.Mw written.4... sin.% s«hd sad Nitrated In the Tresmee of and u5.,.. STATE OP COLORADO. Tei teaoher. leneamnt....e(.r.wa aprilgfa ! i•,•4',40.44‘.•10113 "i iL.►t t►eedora A. Abnjasatdnbtad -rw A 8 1348 REC 02301094 08/24/92 16:19 510.00 1/002 F 1440 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO AE2301094 - QUIT CLAIM DEED THISDEED, Made this 2lrst day of August 49 42. between Jerrold J. Wardell aka J. J. Wardell and : -Anna E. Wardell' NO CDF of the 'Canty of weld and Scam of Colorado. grantore). and Jerrold J. Wardell and Anna E. Wardell, as tenants in canton, each bolding an undivided fifty percent (508 interest therein. whose legeleddsasis 18253 Weld county Road 32 Platteville, CO 80651 of the County of Weld ' and State of Colorado. gtanree(s). WT'NESSEiyf. Thu the grantor(s). for and in consideration of the sum of Other Good and Valnnhl e Considerate ins. and One and no/100 DOLLARS the eceipt and sufficiency of which is hereby acknowledged, bane remised. released, sold. conveyed and QUIT CLAIMED. and by these pieseels do— remise.release,sell, convey and QUITCLAIM unto the gmntee(sheh r bens, successors and assigns, foist all the right, dde, interest, claim and demand which the grantor(s) have in and to the real property, together with intpnwtments. if any. dnate, lying and being in the County of Weld and State of Colorado, dandled as follows: See Echibit "A" attached hereto and incorporated herein as though fully set forth herein. also (mown by meet and number as: 10 HAVE AND TO HOLD the same, together with all and singular the appurtenances and pdvileges thereunto belonging or in anywise thereunto appertaining. and all the estate, right, this. interest and claim whatsoever. of the grantor(s). eider in law or equity, to the only proper use. benefit and beboof of the granec(s), their heirs and assigns forever. IN WITNESS WHEREOF. The grantor(s) have executed this deed on the date set forth above. e].l. aka J.J. Ward //^ Any E. Wardell �ZARY • STATE OF COLORADO. .'�. .,w as. ��A: p, vi c !pone of Weld J Pt!'1 ppj�sg etakgHmgq,st)omentwazaclmowedgedbeNe rte this 21rst day of August 8x i0+1: Wardell aka J. J. Wardell and Anna E. Wardell My commission expires October 23 'If in Denver, insert "City and." 199 3 . Witness my hand and official seal. po-(727O/-v*fraig(, ,1992. No. 933. Rte. 3415. QUIT 0.50.1 05W BMWs Publi,uung. fl0 Wu. Rmu. CO SO=— OOA '-90.Hm— W-90 REC02 B 1348 MAR 0ANN FE4� TEIN CLERK & RECORDER /61$10.00 WELD CO, CO FCO '1441 MARY ANN .. -.. . _ .. EXHIBIT "An The N1/2 and the SE1/4 of-Section/.18, in Township 3. North, Range.6.5` Westl;of the 6th P.M:, (aka. the NE1/4 and Lots 1 and 2 and the EI/2;. of the-NWl/4 of Section 18, in Township 3 North, Range 65 West of the 6th P.M.); The W1%2 of Section 19, in Township 3 North, Range 65 West of the 6th P:M.; All of Section 7. and.the S1/2. of Section 6, in Township 3 North; Range`65 West of the 6th P.M:; The NE1/4:of the NE1/4 of Section 19, in Township 3 North, Range 65 West of the 6th P.N.; The S1/2 of Section 20, in Township 3 North, Range 65 West of the 6th-P:L; The NWi/4 of Section 20, in Township 3 North, Range 65 West of the 6th P.N.; All of. Section 29, in Township 3 North, Range 65 West of the 6th P.M., All located in the County of Weld, state of Colorado. \i lh\Y0861001\Legal B 1378 REC 02328477 04/12/93 14:58 $5.00 1/001 A112328477 F 0985 MARY ANN FEDERSTEIN CLERK 6 RECORDER WELD CO,` cO '. QUIT CLAIM DEED �/ 4 MISDEED, Made this /21 dint 477Aa .19 93. The Farmers Reservoir and Irrigation Company acorporaWodolt'mpni Namirvaungunder Didbyviweddx Wehorder SwedCob¢do, gampn.and Jerrold J. Wardell and Anna E. Wardell as tenants in common each as to an undivided 50% interest whosleplsddmssk 18253 Weld County Road 32 Platteville, CO 80651 orthe -. •Cwuynf Weld .sin¢ of Colorado, Dia wnNsSSETU,Tha<megmomr, raraneia epniitmdba orrhemm d Other good and valuable consideration and One and no/100. :. nOISARS. the morph and wfflcieoq ofwhich k hereby .dmsadcdged. ha, remised. released, said. conveyed and QUIT GUMMED, and by Nee pe zdacgmise:iekame.sin, many midQUTCLAM lwathegfw¢e, his kitsaM assigns foevee all the right, drie, t, claim and demand which We granter her in and to the mai property together with improvements, it any, situate. lying and bring in the County of Weld and Sm¢orColorado, described as follow Parcel I. The W 1/2 of.Section 19, Township 3 North, Range 65 West of the 6th P.M. County of Weld, State of Colorado. NW 1/4 and Parcel II. The S 1/2 and thenNE 1/4 of Section 18, Township 3 North, Range 65 West of the 6th P.M. County of Weld, State of Colorado. Including but not limited'to all abandoned rights of way and easements on or appurtenant to Parcel I or Parcel II described above. Also including all oil, gas and other minerals of whatever kind or:character-owned by grantor and locatedon, in, under. or upon Parcel I.or Parcel II described above*together with rights of access., ingress and egress to explore for, remove, mine and produce the same. *and all abandoned rights of way and easements on or appurtenant to Parcel I or Parcel II. 1/42-(1 day of by Albert F. Sack as m Th% Farmers ReSeryoir and Irrigation Company My o�mnQWimiEiftiPrira: -5- ?irGI aim S,en by shoot end number as: TO HAVE AND TO HOLD the sane. ugetherwith dl and angularto appunenoncc and paivileges the¢anm belonging.m in anywise thetonm appmmining. enddlthe cut¢, right, Wde. inleeu and claim wha¢acuc of the grantor. either in law or equity, tote only proper use. benefit and behoiehreee%ta w,e. hkhdm and assign (ammo. The aingdernumber hell indudctheplural.ohe plural the singular. and the use or any gader ,bail*mppablatoa-il'pl idm. ,vtWTmElAMI OF. The grunter has euued iu corpora¢ name m ech reunto subauibed by iu Nesidene, and in ed(pmap salty be hefeunm NUM: anea¢d by i¢ Secmruy. le.day and yvrr tabme wn�¢n. The Farmers Reservoir and Irrigation company �'ff •..: •.'`l.4TATE OF Re AA l/(/r -' Gown/ % of `-^J, , et2-0 ' The foregoing insumenrwas acknowledged before roc this Jennifer. L. Gustafson 1 . Q4effaaalteat >r. alp . • ¢. Rr -ysisnenbi ahw'cn4k- CM• .19 93 President and $o<meary of , a corporation. / twit' Walk of .. 80 781 Avenue Brighton, Colorado 80601 too.1055.la 1Ai QOR C'LA0a DEED (ummisan) ondfod Wetiadne.lai W. &1 Ave., Lilv m1. CO EMI. —Imlt 93onm 2.11 sts DISTRICT 9kURT. Caw No. 94 PR of 14s Division . COUNTY OF WELD COLORADO LETTERS IN THE MATTER OF 0 THE ESTATE OF ANNA E. WARDELL a/k/a ANNA WARDELL a/k/a ANNA ELIZABETH WARDELL 0 Deceased 0 Protected Person ❑ Minor 0 Incapacitated Person Jerrold J. Wardell Mmal was appointed or qualified by this Court or its Registrar on (anti AUG 3 0 1994 Personal Representative. ❑These are Letters of Administration. (The decedent aid not leave a wit) O3 These are Letters Testamentary. (The decedent left a will.) 0 Special Administrator in ❑ an informal ❑a formal proceeding. These are Letters of Special Administration. 0 Conservator. These are Letters of Conservatorship. ❑ The protected person is a minor whose date of birth is as: 0 Guardian. These arc Letters of Guardianship for O ❑ an incapacitated person. O a minor whose dale of birth is Appointment or qualification is by ❑ court order. 0 will. 0 written instrument. These Letters evidence full authority. except for the following limitations or restrictions, if any: 2510585 8-1566 P-213 09/11/96 04:21P PG 1 OF 1 REC DOC Weld County CO JA Suki Tsukalmto Clerk & Recorder 6.00 Date' AUG 3 0 1994 iel$dw Wi.uvdCaan `S.�Q'cT coo,po Cer016cati6&Stamp lgd7y, Cy" CERTIFICATION or Certified to be a true copy of the original in mt autiodi and to be in full force and effect as of: No. (P('1t. Re•. 11-91. t :rrEtc I I EEC Ulti PERSONAL REPRESENTATIVE'S DEED (Testate Estate) 83i THIS DEED is made by Jerrold J. Wardell, as Personal Representative of the ESTATE OF ANNA E. WARDELL, Deceased, Grantor, to Jerrold J. Wardell, whose legal address is P.O. Box 27, 310 Elizabeth Street, Platteville, Weld County, Colorado 80651, Grantee. WHEREAS, the Last Will and Testament of the above -named decedent was made and executed in the lifetime of the decedent and is dated August 21, 1992, which Will was duly admitted to formal probate on August 30, 1994, by the District Court in and for the County of Weld, State of Colorado, Probate No. 94 PR 276; and WHEREAS, Grantor was duly appointed Personal Representative of said Estate on August 30, 1994, and is now qualified and acting in said capacity. NOW, THEREFORE, pursuant to the powers conferred upon the Grantor by the Colorado Probate Code, the Grantor does hereby sell, convey, assign, transfer, and set over, without warranty of title and without warranty as to condition of property, unto said Grantee, as the person entitled to distribution of the property in the above captioned Will, the following described real property situate in the County of Weld, State of Colorado: See Exhibit "A" attached hereto and incorporated herein by reference for legal description. See Exhibit "A" attached hereto and incorporated herein by reference for mineral reservation. With all appurtenances, subject to the following exceptions: covenants, easements, conditions, reservations, rights of way, oil and gas leases, restrictions, agreements, and exceptions, all of record or as may exist by use: and subject to all governmental laws, rules and regulations; and subject to general property taxes and assessments for the year 1996. As used herein, the singular includes the plural and the plural the singular. Executed this 11th day of November 1996. told J. Wardell, Personal Representative tive of The Estate of Anna E. Wardell. Deceased. STATE OF COLORADO ) ) ss. COUNTY OF WELD The foregoing instrument was acknowledged before me on the 11th day of November 1996, by Jerrold J. Wardell, as Personal Representative of the Estate of Anna E. Wardell, Deceased. Witness my hand and official seal. 'y -1 '...`,,,;vY,JY Commission Expires: 'Pilo .\c',; 1(KU P0(0' lOW August 12, 1999 C' N ,ary Public 2524831 6-1581 P-231 12/13/1996 10:04A PG 1 OF 2 REC D0C Weld County CD JA Suki Teukamoto Clerk & Recorder 11.00 EXHIBIT "A" All of Section 18, in Township 3 North, Range 65 West of the 6th P.M.; The W1/2 of Section 19, in Township 3 North. Range 65 West of the 6th P.M.; All of Section 7 and the S1/2 of Section 6, in Township 3 North, Range 65 West of the 6th P.M.; The NE1/4 of the NE1/4 of Section 19, in Township 3 North, Range 65 West of the 6th P.M.; The S1/2 of Section 20, in Township 3 North, Range 65 West of the 6th P.M.; The NW I/4 of Section 20, in Township 3 North, Range 65 West of the 6th P.M.: All of Section 29, in Township 3 North, Range 65 West of the 6th P.M., All located in the County of Weld, State of Colorado, Excepting and reserving, however, unto Grantor all oil, gas, and other minerals of whatever kind or nature lying in, under, and upon the above -described properties owned by Grantor, together with rights of ingress and egress to explore for, remove, and mine the same and all access rights necessary therefor. Also excluding any and all interest in 9.g2 shares of stock of the Farmers Reservoir and Irrigation Co. 2524831 8-1581 P-231 12/13/1996 10:04A PG 2 OF 2 m•wntw¢vnun i.txmuow CI WIMI —. . I I6. ® I' Bay 2586864 B-1639 P-15 12/30/1997 03:36P PG 1 of 2 RBC DOC Weld County CO JA Suki Tsukamoto Clerk E. Recorder 11.00 BARGAIN AND BALE DEED THIS DEED, made this [= day of l�7(�M✓1a-7 1997, between Jerrold J. Wardell of Weld County, State of //Colorado, grantor, 32 Platteville, legal address is Colorado 80 01, grantee, For and in consideration of the sum of TEN DOLLARS ($10.00), the receipt and sufficiency of which is acknowledged, grantor sells and conveys unto the grantee, its successors and assigns, forever, all the right, title, interest, claim and demand which the grantor has in and to the real property, together with improvements, if any, in the County of and State of Colorado, described as follows: See Exhibit "A" attached hereto and incorporated by reference for legal description; With all appurtenances, subject to the following exceptions: covenants, easements, conditions, reservations, rights of way, oil and gas leases, restrictions, agreements, and exceptions, aII of -record or as many exist by use; and subject to all governmental laws, rules and regulations; and subject to general property taxes and assessments for the 1997 year. (CONVENIENCE DEED ONLY - NO DOCUMENTARY PEE REQUIRED) TO HAVE AND TO HOLD together with any and all appurtenances and privileges, and all the estate, right, title, interest and claim whatsoever, of the grantor, either in law or equity, to the only proper use and benefit of the grantee, its successors and assigns forever. The grantor has executed this deed on the date set forth above. C -24 ?id,c STATE OF COLORADO COUNTY OF "h d- ) ) 55. The foregooing instrument was acknowledged before me this �i'L` al' �{'�m,.lakti , 19 9'1 , by o�pP'�•"'�et�c Witness my hand and official seal. (, gpREN S• i MILLER c �4f ..........,Q?�s My commission expires: ate rt T, coo LliaA.P.,l 2 No ary Puhlacli O 04,e Address: PDSolt Ng atitAciet. Co W0sl 2586864 B-1639 P -1S 12/30/1997 03:36P- PG 2- OF' 2 - Exhibit •A• All of Section 18, in Township 3 North, Range 65 West of the 6th P.M.; The W1/2 of Section 19, in Township 3 North, Range 65 West of the 6th P.M.; All of Section 7 and the S1/2 of Section 6, in Township 3 North, Range 65 West of the 6th P.M.; The NE1/4 of the NE 1/4 of Section 19, in Township 3 North, Range 65 West of the 6th P.M.; The S1/2 of Section of 20, in Township 3 North,. Range 65 West of the 6th P.M.; The NW 1/4 of Section 20, in Township 3 North, Range 65 West of the 6th P.M.; All of Section 29, in Township 3 North, Range 65 West of the P.M.; All located in the County of Weld, State of Colorado; Including all of Grantor's interest in and to all oil, gas, and other minerals of whatever kind or nature (together with rights of access, ingress, and egress to explore for, remove, mine, and produce the same) lying in, upon, and under, and that may be produced from, following the lands: All of Section 18, Township 3 North, Range 65 West of the P.M. Wl/2 of Section 19, Township 3 North, Range 65 West of the P.M. S1/2 and NW1/4 of Section 20, Township 3 North, Range 65 West of the P.M. S1/2 of Section 6, Township 3 North, Range 65 West of the P.M., County of Weld, State of Colorado. Other Minerals in Weld County In addition to the minerals described above, all Grantor's interest in all other oil, gas, and other minerals of whatever kind, if any, located in the County of Weld, State of Colorado. . 400 • 1111111111111111111111111111111111111111111111111 3423400 09/29/2006 10:54A Weld County, CD 1 of 3 R 16.00 0 288.00 Steve Moreno Clerk 6 Recorder WHEN RECORDED RETURN TO: Roy T. Wardell xal> SUSS? ESs€" a) N pia f}[w'I ff, co 117(05I WARRANTY DEED THIS DEED, dated September 27, 2006, between Wardell Family Ltd LLLP, duly organized and existing under and by virtue of the laws of the State of Colorado, grantor(s), and Roy T. Wardell, IIoS)a Essex Ad AI P/a blccn/le. co F3Q4,SI whose legal address is TED, , 7-Q.t.-, of the County of Weld and State of Colorado, grantee(s): WITNESS, that the grantor(s), for and in consideration of the sum of Two Million Eighty Thousand and 00/100 Dollars ($2,080,000.00), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee(s), his heirs and assigns forever, all the real property and all water rights, together with improvements, if any, situate, lying and being in the County of Weld and State of Colorado, described as follows; • SDF $208.00 SEE ATTACHED EXHIBIT "A" consisting of two pages also known by street and number as: TBD, CO TOGETHER with all and singular the hereditaments and appurtenances [hereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, daim and demand whatsoever of the grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee(s), his heirs and assigns forever. The grantor, for itself, its successors and assigns, does covenant, grant, bargain and agree to and with the grantee(s), his heirs and assigns, that of the time of the ensealing and delivery of these presents, it is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, In fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and dear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever, except general taxes for the year 2006 and subsequent years, and except minerals and oil and gas, easements, covenants, conditions, restrictions, reservations, and rights of way of record, If any. The grantor(s) shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee(s), his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. By: Its: C -,.p. 1 Family Ltd LL,P / / G / WA.cdel/ STATE OF COLORADO Weld COUNTY OF The fgjegoing instrument was acknowledg !^-� (u. of Wardell Family Ltdfr Witness my hand and official seal. ;l AeMy Commission Expires: ''., File No.: LTWT0001534 WD Corp to Indv-DOC )SS ) amy by -rely /1.10/1/4deg as AAA LTG 9/25/06 1:56 PM 11111111111111111111111111111111I1IIII1 11111111 11111111 3422 of 3 R 16.00 D 208 00 Steve Moreno Clerk & Recorder Exhibit 'Al' Page 1 Parcel 1: The South 1/2 of Section 6, Township 3 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado. Excepting therefrom that part as conveyed to The Farmers Reservoir and Irrigation Company in Warranty Deed recorded July 29, 1914 in Book 393 at Page 569. Also excepting therefrom that part as conveyed to The Farmers Reservoir and Irrigation Company in Warranty Deed recorded July 29, 1915 in Book 417 at Page 345. Also excepting therefrom that part as conveyed to The Farmers Reservoir and Irrigation Co. In Deed recorded February 7, 1986 in Book 1102 at Reception No. 2042254. Parcel 2: All of Section 7, Township 3 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado. Parcel 3: All of Section 18, Township 3 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado. Parcel 4: The West 1/2 and the Northeast 1/4 of the Northeast 1/4 of Section 19, Township 3 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado. Parcel 5: The South 1/2 and the Northwest 1/4 of Section 20, Township 3 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado. Parcel 6: All of Section 29, Township 3 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado. Excepting therefrom that part as conveyed to John R. Moser and Ellen F. Moser in Warranty Deed recorded January 6, 1999 at Reception No. 2664967; Excluding however all of Grantor's interest in and to all oil, gas, and other minerals of whatever kind or nature, including all Oil and Gas Leases of Record (together with Grantor's retained rights of access, ingress, and egress to explore for, remove, mine, and produce the same) lying in, upon, and under, and that may be produced from, Parcels 1, 2, 3, 4, 5, and 6 and further excluding in addition to the minerals described above, all pf Grantor's interest in all other oil, gas, and other minerals of whatever kind, if any, located in the County of Weld, State of Colorado; and further excluding all mineral rights owned by third parties including the minerals owned by third parties pursuant to the Surface Owner's Agreements listed below. Water Rights Legal Description: All Water Rights associated with 9.82 shares of The Farmers Reservoir and Imgation Company represented by certificate No; 7451 Surface Owner's Agreements: I) Surface Owner's Agreement dated December I3, 1991 by and between 1.1. WARDELL, also (mown as Jerrold 1. Wardell, and ANNA E. WARDELL as Landowners and UNION PACIFIC RESOURCES COMPANY (UPRC) relating to all of Section 29, Township 3 Nonh, Range 65 West of the Sixth Principal Meridian, Weld County Colorado. 2) Surface Owner's Agreement dated September 30, 1985 by and between J.2. WARDELL and ANNA E. WARDELL as Land Owner and CHAMPLIN PETRROLEUM COMPANY ("Champlin') relating to the Northeast Quitter (N.E.1/4 of Section 29 and the Northeast Quaner (N.E. .) of Section 7, Township 3 North, Range Sixty -Five West of the Sixth Principal Meridian, Weld County, Colorado. 3) Surface Owner's Agreement Dated October 18, 1991 by and between 11. WARDELL and ANNA E. WARDELL as Land Owner and UNION PACIFIC RESOURCES COMPANY ("UPRC") relating to a 40 acre parcel located in the N.E I/4 of the N.E114 of Section 19, Township 3 Nonh, Range 65 West of the Sixth Principal Meridian. Weld County, Colorado. 4) Surface Owner's Agreement dated May 9, 1973 by and between JERROLD 1. WARDELL and ANNA E. WARDELL ax Landowners and CHAMPLIN PETROLEUM COMPANY(Champlin) relating to the Wen', and S.E 14 of Section 7, Township 3 North, Range 65 West of the Sixth Principal Meridian, Weld County, Colorado. 5) Surface Owner's Agreement dated August 8, 1991 by and between JERROLD J. WARDELL and ANNA E. WARDELL an Land Owner and UNION PACIFIC RESOURCES COMPANY ("UPRC') relating to the N.E.I/4 of the N.EI/4 of Section 19. Township 3 North, Range 65 West of the Sisth Principal Meridian, Weld County, Colorado. File No.: LTWT0001534 WD Corp to Indv-DOC 9/25/06 1:56 PM • 1111111111111111111111IIII 11111111111 III 11111IIIIIII! 3423400 09/29/2006 10 64A Weld COMM/. CO 3 of 3 R 16.00 0 201.00 Steve Moreno Clerk 8 Recorder "EXHIBIT A" continued Paget • 6) Surface Owner's Agreement dated October I, 1970 by and between JERROLD J. WARDELL and ANNA E. WARDELL as Land Owner and UNION PACIFIC RESOURCES COMPANY ("UPRC) relating to the S. c and the N. W.1/4 of Section 29. Township 3 Nord,, Range 65 West of the Sixth Principal Meridian, Weld Coumy, Colorado. All of the aforementioned Surface Owners' Agreements have been assigned by UPRC and Champlin to Anadarko Petroleum Company File No.: LTWT0001S3a WD Corp to indv-DOC 9/25/06 1:56 PM ALTA Commitment (6/17/06) ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE Issued by stewart title guaranty company Stewart Title Guaranty Company, a Texas Corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. Countersigned Le -44A. 00✓} Authorized eCountersignature Stewart Title of Colorado, Inc. 1729 Terry Street Longmont, Colorado 81501 Phone 303-651-1401 Fax 303-651-1501 nstewart title guaranty company Senior Chairman of t a Board Chairman of the Board President Order Number: 904030-C-2 ALTA Commitment (6/17/06) COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: March 26, 2009, at 7:30 A.M. Order Number: 904030-C-2 2. Policy or Policies To Be Issued: (a) A.L.T.A. Owner's (b) A.L.T.A. Loan Amount of Insurance 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the referenced estate or interest in said land is at the effective date hereof vested in: Roy T. Wardell 5. The land referred to in this Commitment is described as follows: The W1/2 of Section 19, Township 3 North, Range 65 West of the 6'h P.M., County of Weld, State of Colorado. Purported Address: TBD Order Number 904{)311-C-" ALTA Commitment (6/17/06) Schedule A Title Officer Liz Woods Page 1 of 1 Statement of Charges: These charges are due and payable before a Policy can be issued: Work Charge $450.00 Certificate of Conveyance $125.00 -stewart title guaranty company COMMITMENT FOR TITLE INSURANCE SCHEDULE B — Section 1 REQUIREMENTS Order Number: 904030-C-2 The following are the requirements to be complied with: 1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. 3. THE REQUIREMENTS FOR THIS COMMITMENT SHALL BE DETERMINED AT A LATER DATE NOTE: "The COMPANY reserves the right to make any additional REQUIREMENTS AND/OR EXCEPTIONS to this commitment and any subsequent ENDORSEMENTS thereto, once the NAME(S) of the INSURED(S) and the AMOUNT(S) of LIABILITY have been DISCLOSED Order Number: 904030-C-2 Al.TA Commitment (6/17/06) -Schedule B I Page I of I stewart ----title guaranty company COMMITMENT FOR TITLE INSURANCE SCHEDULE B - Section 2 EXCEPTIONS Order Number: 904030-C-2 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the Land and not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. 6. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the issuance thereof. 7. Water rights, claims or title to water. 8. Any and all unpaid taxes and assessments and unredeemed tax sales. 9. All existing roads, highways, ditches, utilities, reservoirs, canals, pipelines, power lines, telephone lines, water lines, railroads and rights of way and easements therefore. 10. Right of way for county roads 30 feet wide on either side of section and township lines, as established by the Board of County Commissioners for Weld County, recorded October 14, 1889, in Book 86 at Page 273. 11. Reservations and exceptions in the patent by United States recorded March 3m 1882 in Book 20 at Page 357. 12. Right of Way recorded August 21, 1879 in Book 25 at Page 39. 13. Pipeline Right of Way Grant recorded September 11, 1992 in Book 1350 at Reception No. Order Number: 9111n?0-C ALTA commitmew (6/17/06)- Schedule B 2 Page I of 2 -stewart —title guaranty company 2303252. 14. Right of Way Agreement recorded October 22, 1992 in book 1355 at Reception No. 2307918. 15. Right of Way Grant recorded September 16, 1999 at Reception No. 2720998. 16. Right of Way Grant recorded June 6, 2000 at Reception No. 2772879. 17. Pipeline Right of Way Grant recorded August 26, 2002 at Reception No. 2981190. 18. Right of Way Grant recorded September 2, 2003 at Reception No. 3102262. 19. Memorandum of Agreement recorded October 25, 2004 at Reception No. 3230169. 20. Memorandum of Agreement recorded March 10, 2005 at Reception No. 3267550. 21. Reservation of all oil, gas and other minerals in the instrument recorded December 13, 1996 in Book 1581 at Reception No. 2524831, together with the appurtenant rights to use the surface. The Company makes no representation as to the present ownership of this interest. 22. Grant of all oil, gas and other minerals in the instrument recorded December 13, 1996 in Book 1581 at Reception No. 2524832, together with the appurtenant rights to use the surface. The Company makes no representation as to present ownership of this interest. 23. Reservation of all oil, gas and other minerals in the instrument recorded September 29, 2006 at Reception No. 3423400, together with the appurtenant rights to use the surface. The Company makes no representation as to the present ownership of this interest. 24. A Deed of Trust dated September 12, 2006, executed by Roy T. Wardell, to the Public Trustee, to secure an indebtedness of $1,800,000.00 in favor of Farm Credit Services of the Mountain Plains recorded September 29, 2006 as Reception No. 3423401. 25. Financing Statement from Roy T. Wardell, debtor(s) to Farm Credit Services of the Mountain Plains secured party, recorded September 29, 2006 as Reception No. 3423462, giving notice of a security interest pursuant to the Uniform Commercial Code. 26. Memorandum of Agreement recorded May 18, 2007 at Reception No. 3476798. 27. Memorandum of Agreement recorded February 8, 2008 at Reception No. 3534154. Order Number: 904030-C-2 ALTA Commitment (6/17/06) —Schedule n 2 t':se 2 of 2 stewart title guaranty company DISCLOSURES Order Number: 904030-C-2 Note: Pursuant to C.R.S. 10-11-122, notice is hereby given that: A. The subject real property may be located in a special taxing district; B. A certificate of taxes due listing each taxing jurisdiction shall be obtained from the county treasurer or the county treasurer's authorized agent; C. Information regarding special districts and the boundaries of such districts may be obtained from the board of county commissioners, the county clerk and recorder, or the county assessor. Note: Colorado Division of Insurance Regulations 3-5-1, Subparagraph (7) (E) requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Stewart Title of Colorado, Inc. conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's Title Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single-family residence, which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfilled mechanic's and Materialmen's Liens. D. The Company must receive payment of the appropriate premium E. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. Note: Pursuant to C.R.S. 10-11-123, notice is hereby given: A. That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B. That such mineral estate may include the right to enter and use the property without the surface owner's permission. This notice applies to owner's policy commitments containing a mineral severance instrument exception, or exceptions, in Schedule B, Section 2. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. Order Numher. 'el tIO.-'- Disclosves Stewart Title of Colorado, Inc. DISCLOSURE The title company, Stewart Title of Colorado, Inc. - Longmont Division in its capacity as escrow agent, has been authorized to receive funds and disburse them when all funds received are either: (a) available for immediate withdrawal as a matter of right from the financial institution in which the funds are deposited, or (b) are available for immediate withdrawal as a consequence of an agreement of a financial institution in which the funds are to be deposited or a financial institution upon which the funds are to be drawn. The title company is disclosing to you that the financial institution may provide the title company with computer accounting or auditing services, or other bank services, either directly or through a separate entity which may or may not be affiliated with the title company. This separate entity may charge the financial institution reasonable and proper compensation for these services and retain any profits there from. The title company may also receive benefits from the financial institution in the form of advantageous interest rates on loans, sometimes referred to as preferred rate loan programs, relating to loans the title company has with the financial institution. The title company shall not be liable for any interest or other charges on the earnest money and shall be under no duty to invest or reinvest funds held by it at any time. In the event that the parties to this transaction have agreed to have interest on earnest money deposit transferred to a fund established for the purpose of providing affordable housing to Colorado residents, then the earnest money shall remain in an account designated for such purpose, and the interest money shall be delivered to the title company at closing. CONDITIONS I. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at http://www.alta.org. Stewart "title guaranty company All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. 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(2 . uY:1,te ( f tIrw PA? 44 �... 7uK.,.?yrPt'+.c,t<IaC-rn`/ . 4e* 7 1 /nt/tt 'it./ [t:rn( 0.. e/ • ter C((xx n t4 a r( r get ro, /r tie fit. tr M •r (pfT lr�•n nr t nn.i If�le:an �t�c,Y d� r7)l. rlt 44try I!'/r,ry.n/y//I f.c$ it 'titc.4.04 trt i i..4, 6&s, Aa..1 (,'' / 4t F C. ln4°AC.sr: ',XS I. i r«r. r/ rde c( , in Rlf t . .(; tl.'hi fl.. 1 R f./,rir,l'l�, G4,.t R..I ) T�fti3lfl+t il qt://r'.. dot ('• )i C a • 4 r Y.. rn lsr,.I ‘(/,67/;,./ ✓11-r r fn•rP pill, vf:ni aidN4r[1rrA u1G3Gra fin.. 017, Y • e2 a!/'etw I' fn/nt.e( 7(Q� r&�le (halt, �t.e Qs., M /I 2./ t,J //ss L .�iYe, _ N611�t✓•e(e(gr % �l .....144 : egit' i4/4. 414•16-17 ter! �� f±y{ /.r69. a '.wL tees n/iN,stii. I" a/n. Mawr awA. asarbFyraplrkslay. KNOW ALL MEN BY TUBS Ml / 'Aft?"'9gxplw ,./. // / .I'./'. . r, i.nnr.Ir Ywan ./ the nniiewitv Wm. ,Mel by a mass NorkenF Mrt ead xaiand W 1' nM Pa air .J.lnem. the Inh, A. IF RWv, I. nits as, fMli a. ialsbb f yfelw.ad !os Is xhlrlr The bale .v M. nM M , f .p/hy an Waled, nN ari Fy ai'tbibtr. wLi Tmdm 4 A, nhl— . IM1P nrw Mal The appetisMivlw at Me Merl n1 al j• rr the I *. ngrn'MI Pal Dale, .dam In IA. Catnip e rG.... �1., r (.:j,. '..U_ /r%,. (,/ TOGA TIIRR erilh nil awl dadnia? Me hank nab end semrbeerrm Anenate M AI and en.Maµ r.ninier and .side . enla hewn and ',mitt me n en;l ad A. Maly aHgA effh.nif limn IkMI Fahey sari irises/A Cam% sad atIM �hn a which nay hmm/ier Mama! la Meerld flefrn;r fie aaMf agoon•l'ailalidensier Met.lnd peels~ with Ike AnnllbmMb sad arynrfn..nt . a.w.lre be W oaal. W b .,S.b d tlrf qM W A.sai, Ii n*Mrr it I. nn....n.a,ew sheer..II l.nr.F. by hytn mega!*, del Mare It. nas, ..r.a.sl.e al the M) w rn ewe per...1 .fi t i...11n iY warem a n .en. h_w rra F.nl+a..rrar M rasd.l. Om old ['asp 'ha1. nwli.n kin i. ..sera 54 wleynan.xr//w//T�nmoWRW.q h Pv Tfi ;tart 771 ROLO. Cho salri va.igt aba Serge A.Oa and r adt a parer. IX II%TCRAR I77XRROl,`. N 0T8TID Or 02.0211=0, datat7 Of G., r. la end/* the eft Cady Laf .. ,.wise et IM Drina PLUM° lFSwatl pf4SLIGIilli:tiOllat KwAI x l*al b 1NMawenOwaei yapA44a wra thi rgar!Yia Thai Meitner. Hera. . and d.AI add MiNwnl y.,• 0rriX'; rltdnn had e/Ali li Zia KC4as 17 ',V r, epywrf ldaf. and IArrrtgiw ee/Rain: and dae d yMfnM. is Addrdeaallt6n.%e( KHaW bIM Wn•. 1M.;lee Mnf el•a Ytlews" B 1350 REC 02303252 D9/11/92 12:17 $20.00 1/004 F 1913 MARY ANN FEUERSTEIN CLERK b RECORDER WELD CO,: CO:: .'• AR23032i2 PIPELINE RIGHT-OF-WAY GRANT FOR AND IN CONSIDERATION OF THE SUM OF --ONE HUNDRED AND NO/.l00ths ($100.00)-- DOLLARS, the receipt of which is herebyacknoMedged, and a further sum of —FTETEEN AND NO/700ths (315.00) DOLLARS, per rod foreach linear rod of the first pipeline to be constructed under the terms hereof. to be paid aftera survey establishing the route of the line has been completed, and before construction is commenced, l/We --Jerrold J. Wardell and Anna E. Wardell -- hereinafter referred to as"Grantor (whether one or morel, does hereby grant *elk convey. and .arrant to Associated Nerwel Gas. Inc. a Colorado Corporation, its successors and assigns. hereinafter referred to as 'Grantee, the right privilege and easement forth. purpose from lime to dme of consbucdng, operating. inspecting. maintaining, protecting, repairing, replacing, charging the size of and removing apipeene or pipelines, or other appurtenances, for the transportation of of gas, petroleum products, water, and arty other substances whether fluid or acrid eny products and derivatives ofanyolthe foregong and anycombinatwnsln9ld res ofenyofthe foregoing, uponand &longs route tobeselectedbyolaCoue$Mand e of through the described land Iodated In to wit The West Half (W}) of Section 18; the West Half (W%) of Section 19; and the West Half (W4) of Section 20, all being in Township 3 North, Range 65 West of the 6th P.M. Said pipeline easement(s) being more particularly described in EXHIBIT "A" attached hereto and made a part hereof. Together with the tight of Ingress and egress to and from said pipeline or pipelines, or any of them on. over, and across said land and adjacent land of Grantor. It Is agreed that the pipelineorplpettnes to be laid under this grantshall be cons' icted at sufficient depth belowtheaudace of the ground to permltnormalcultivadon atthetlme &construction and Granterahall have the right to fully useand enjoy theabovedescribedpremises subject to the rights herein granted. Granteeshall havethe rigMto cleared trees, undergrowthand otherobatrucdorsfrom the hereingranted right-of-way. andGrantoragrees not to build construct or create any buildings, structures or engineering works on the hereingranted right-of-waythatwlll Interferewith the normal operation and maintenance of said line or lines. Grantee agrees to pay to the owners and to any tenant, astheirInterestsmaybe, any and all damages to crops. timber, fences, drain tile, or other Improvements on said premises that may arise from the exercise of the rights herein granted: provided, however, that after the first pipeline has been constructed hereunder. Grantee shall not be liable for damages caused on the easement by keeping said easement dear of trees, undergrowth, and brush in the exercise of the rights hereingranted. Any payment due hereunder maylie made direct to the said Grantor or any one of them. It Isfurtheragreed thatthe sald grantee, its successors orassions, may at any dme lay an additional Opalineof:piies, along side of the said first line, upon payment of the same consideration per linear rod as paid for this right-of-way, with the same rights and subject to the same condition;and the said Grantee shall also have the rights to change the size of its pipes. the damages if any;in making such change to be paid by the said Grantee. Grantor represents that the above described land (Is) i rented for the period beginning to 19 cn 'cash) (crop) basis to 19 The terms. conditions, and provisions of this contract shall extend to and be binding upon the heirs, executors. administrators, personal representatives. successors, and assigns of the parties hereto. The easement and rights herein granted may be leased or assigned In whole or in part. TO HAVE AND TO HOLD said easement, rights, estates, and privilegesuntoGrantee. itssuccessorsand assigns, as long assald easement is used for the purposes granted herein. IN WITNESS WHEREOF. Grantor has executed this instrument this /7 day of August signed, sealed, and delivered In the presence of B.1350 REC 02303252 09/11/92 12:17 $20.00 2/004 F 1914 MARY ANN FEDERSTEIN CLERIC S RECORDER WELD CO, CO ACKNOWLEDGEMENT THEsrATE OF COLORADO 5$. COUNTY OF Before Me, the undersigned, a Notary Public in and for said County and State, on this day personally appeared --Jerrold J. Wardell and Anna E. Wardell -- WELD xdmdx Imown to ma to beMaperson c who exerted the within and foregoing Instrument, and aclawwledged to me did they executed the same as their free and voluntary sta and deedfo4the.purposes and consideration therein expressed. ,M0')'t; Given Under My Hand and Sealol.Olgce, this 17 day of MY,sgp ,csTwCfiA .W'f4 I-... ACKNOWLEDGEMENT THE STATE OF COUNTY OF Before Me, the undersigned, a Notary Public in and for said County and State, on this day personally appeared SS. and known to ma to be the person who executed the within and foregoing Instrument, and acknowledged to me that executed the same as free and voluntary act and deed loran purposes and consideration therein expressed. Given Under My Hand and Seal of Office, this day of i kale My commission expires: Notary Public • • 1,2 x k43 PiaFlee16'20` LT W.C.R.39 'bEXISTING a ArG1. Pit —s O S 0 PROPOSED 3"ANGI P/L 4 a C C C C b r P1482° 2310eLT sr g C 0 a w QO co wz orc O1• ^�z+w om. �3. WANDELL H O O cc _co co vm W (Q com LID rn Z rn . I- • B 1350 REC 02303252 09/11/92 12:17 $20.00 3/004 F 1915 MARY ANN FECERSTEIN CLERK & RECORDER WELD CO, CO 9a•3+aristS' I 1 .. t B 1350 BBC 02303252 09/11/92 12:17 $20.00 4/004 F 1916 MARY ANN FEUERSTETN CLERK & RECORDER WELD CO, CO 499.3 W to p442r 07 al4 e LT B 1355 REC 02307918 10/22/92 14:01 $10.00 1/002... F 1680 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO AR2307115 RIGHT OF WAY AGREEMENT KNOW ALL MEN BY THESE PRESENTS: THAT the undersigned (hereinafter called OWNER, whether one or more), for and in consideration of the sum of Ten & More Dollars ($10.00+) in hand paid, the receipt of which is hereby acknowledged, does hereby grant, sell and convey unto Swanson & Morris, Ltd., a Colorado Partnership, its successors and assigns (hereinafter called COMPANY), a right of way and easement for the purposes of laying, constructing, maintaining, operating, repairing, replacing and removing pipe lines (with fittings, tie-overs, cathodic protection equipment and all appliances appurtenant thereto) for the transportation of oil, gas, or any other liquids or substances, along routes convenient for Company's operations under, over and across the lands of Owner, situate in the County of Weld, State of Colorado described as follows: Township 3 North, Ranee 65 West Section 6: SWl/4 Section 7: WS/2 Section 18: W1/2 Section 19: W1/2 Section 20: S1/2 Company by acceptance hereof, agrees to pay to the undersigned Owner his pro rata share of the additional sum of Ten Dollars and No/100 ($10.00) per.lineal rod if Company lays a pipeline under, upon, over and through the lands of Owner. Payment shall be made before the first pipeline is laid. In case the above payment is not made before One (1) year from the date hereof, this grant shall thereupon cease. Company shall bury the top of its pipe at least forty inches below the surface of the ground. The undersigned Owner, his successors, heirs or assigns, reserves all oil, gas and minerals on and under said lands and the right to farm, graze and otherwise fully use and enjoy said lands, provided, however, that Company shall have the right hereafter to cut and keep clear all trees, brush and other obstructions that may injure, endanger or interfere with the construction and use of said pipe lines, or fittings, tie-overs, cathodic protection equipment and appliances appurtenant thereto. Company shall have all privileges necessary or convenient for the full use of the rights herein granted, together with ingress and egress along said pipe lines and over and across said lands. TO HAVE AND TO HOLD said right of way and easement unto said Company, its successors and assigns, until such pipe line be constructed and so long thereafter as a pipe line is maintained theron; and the undersigned hereby bind themselves, their heirs, executors, administrators, successors and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof. SY.q �. Executed this / day of ,1992. J. Wardell ssR tha Anna E. Wardell B 1355 REC 02307918 10/22/92 14:01 $10.00 2/002 F 1681 MARY ANN FEDERSTEIN CLERK & RECORDER WELD CO, CO STATE OF COLOJ ADO COUNTY OF / . Before me, the undersigned,, a Notary.Public, in and for said County and State, on thi:/LISL day of 992, personally appeared tai. /rib 'CF71 m w nWoF.. #141.r,40» to me known to, -be the identical person(s), described in and who executed the within and foregoing instrument of writing and acknowledged Ito -me that they duly executed the same as their free and voluntary act and deed for the uses and purposes therein set forth. I)L.WITNESS WHEREOF, I have hereunto set my hand and affixed my n4t$r„ial-.seal the day and, year last above written. ;•.? wp, -,A.ou expires STATE OF COLORADO COUNTY OF Beforeme, the undersigned, a Notary Public, in and for said_. County and State, on this day of _, 1992, personally appeared to me personally known, who, being by me duly sworn, did say that he is the President of and that the seal of said corporation and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors, and said President acknowledged said instrument to be free act and deed of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand" and affixed my notarial seal the day and year last above written. My commission expires: Notary Public SWANSON & MORRIS; LTD. 51817th St #780 DENVER, CO 80202 RIGHT-OF-WAY GRANT OIClL6 THIS RIGHT-OF-WAY GRANT (this "Grant") is made this 3rd day of May, 1999, from WARDELL FAMILY LTD., LLLP, whose address is 18253 Weld County Road 32, Platteville, Colorado 80601, ("Grantor," whether one or more), to RESOURCE GATHERING SYSTEMS, INC., a California Corporation, whose address is 1999 Broadway, Suite 3600, Denver, Colorado 80202 ("Grantee"). The parties agree as follows: For and in consideration of Tea Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby grants, conveys and warrants unto Grantee, its successors and assigns, a perpetual right-of-way and easement to construct, maintain, inspect, operate, repair, replace, modify, change the size ot; reconstruct, mark, monitor, abandon or remove, at Grantee's election, one pipeline and all appurtenances convenient for the transportation or transmission of oil, gas, petroleum products, water, hydrocarbons and any other substances, whether fluid, solid, or gaseous, and any products, derivatives, combinations or mixtures of any of the foregoing, io, under, or through the lands situated in Weld County, State of Colorado, being more particularly described as follows (the "Lands"): Township 3 North. Range 65 West. 6u P.M. Section 19: NW/4, NE/4NE/4 Section 20: NW/4 The right-of-way granted herein shall be fifteen feet (15') on either side of the centerline described in Exhibit "A" hereof except that during the initial installation of the pipeline, Grantor hereby grants unto the Grantee a right-of-way twenty five feet (25') on either side of the centerline described in Exhibit "A". Grantee further agrees to construct the pipeline as close as possible to the north edge of the above referenced lands and as close as possible to any existing pipelines located on the Lands. Grantor- represents and -warrants -to -Grantee that- Grantor- is -the soleowner.infeesimple_ of the Lands more particularly described in Exhibit "A" and has fill] authority to grant this right of way. Grantee shall lay all pipe or lines at a sufficient depth to avoid interfering with cultivation of the soil. Grantee shall repair and/or restore any fence on the Lands removed or severed by Grantee in the course of the operations provided for in this Grant. If necessary to prevent the escape of Grantor's livestock, Grantee shall construct temporary gates or fences. Grantee shall have all rights and benefits necessary or convenient for the full use and enjoyment of the rights herein granted, including but not limited to, the right of ingress and egress over and across the Lands for any and all purposes necessary and incidental to exercising Grantee's rights hereunder. Grantor agrees not to build, create, construct or permit to be built, created or constructed, any obstruction, building, reservoir, engineering works or other structure, excepting fences or corrals, over, under, or on the right-of-way granted without prior written consent of Grantee.. Grantee shall pay Grantor for any surface damages, if any, pursuant to the terms of that letter agreement between Grantor and Grantee dated May 3, 1999. Grantee shall indemnify and hold Grantor harmless from any claims or damages resulting from Grantee's activities and operations on the right-of-way, and, Grantor shall indemnify and bold Grantee harmless from any claims or damages resulting from Grantor's activities on the right-of-way. Grantor shall have the right to use and enjoy the Lands, subject to the rights herein granted. This Grant cannot be modified, except in writing signed by all parties hereto. The rights granted herein may be assigned in whole or in part, and the terms, conditions, and provisions of this Grant are a covenant running with the land and shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors, and assigns of Grantor and Grantee. 121111111191111 001311141111# oun 1 of 3 R 15.00 D 0.00 JR Sukt Taukamote Grantee agrees that upon completion of construction the easement area will be re -seeded with an appropriate seed mixture which shall be approved by Grantor. In the event the reseeding does not adequately restore the land to its original or better condition, Grantee agrees to re -seed the easement area up to two additional times to restore the grass. When the easement area is seeded, a mixture of seed and mulched straw will be used to improve the possibility of adequate germination. Grantee further agrees that sufficient ground cover shall be used to limit and prevent any wind erosion- damages- that may be caused by Grantee's construction operations on the lends described herein. Grantee agrees to level and restore any lands that may have excessive settling and sufficiently compact the soil within a reasonable period of time after completion of construction. This Grant may be executed in two or more counterparts all of which shall be considered one and the same agreement. IN WITNESS WHEREOF, the parties have executed this Grant as of the date first above written. GRANTOR: GRANTEE: WARDELL FAMILY LTD., LLLP RESOURCE GAT OA/Let By. Rb}tT. Wardell Title: Managing General Partner STATE OF COLORADO )ss. COUNTY OF WELD G SYSTEMS, INC. Janet W. Pasque / ale: Attorney -in -Fact The foregoing instrument was acknowledged before me this Ps' day of May, 1999, by Roy T. Wardell, as Managing General Partner of Wardell Family Ltd., LLLP. Witpoes'hiYbaad and official seal. :My.,,Clui ifgtpn Expires: March 10, 2000 STATE OF COLORADO CITY AND COUNTY OF DENVER i "I Notary Public: Scott It. Knutson Parker, CO 80134 The foregoing instrument was acknowledged before me this `f day of `- 1999, by Janet W. Pasqua, as Attorney -in -Fact of Resource Gathering Systems, Inc., a C ruin Corporation. LYN Wrtness{my handand official sear, ST' _1O My ... x.'0)2002 My Commission Expires. f/(Clheet-- I11111111111111111urnout�iii1111111inIIIII1161Iiii 2720998 09/16/1999 03:13P Wald County 60 2 of 3 R 15.00 0 0.00 JP SoldTsukamoto Notary R1blic: EXHIBIT "A" /Wei 'I ftu!xeyy -- 4 - itI • I elll 111111lilli1 till 1111111111 !REF EIEIE lit III 1 of 3 R 15.00 D 0.00 Weld County CO RIGHT-OF-WAY GRANT • 27:1 THIS RIGHT-OF-WAY GRANT (this "Gram") is made this 23'" day of May, 2000, from WARDELL FAMILY LTD., LISP, a limited liability limited partnership whose address is 18253 Weld County Road 32, Platteville, Colorado 80801, ("Grantor," Mather one or mare), to HS GATHERING, LW, a Colorado limited liability company, whose address is 1999 Broadway, Suite 3000, Denver, Colorado 80202 ("Grantee"). The parties agree as follows: For and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the recaps and suffidency of Which are hereby adaowiedged, Grantor hereby grants, conveys and warrants unto Grantee, its aocsssae and assigns, a perpetual rightof-way and easement to survey, construct, maintain, Inspect, operate, repair, replace, modify, dange the size of, reconstruct, mark, monitor, abandon or remove, at Grantee's Section, one pipeline and all appurtenances cawefelt for the transportation or transmission of oil, gas, petroleum products, water, hydrocarbons and any other substances, whether fluid, solid, or gaseous, and any products, derivatives, combinations or mixtures of any of the foregoing, in, under, or through the lands situated in Weld County, State of Colorado, being more perticdaly described as follows (the "Lands"): Township 3 North. Ranae 65 West. By P.M. Section 19: WAW% See Exhibit 'A" attached hereto and made a part hereof which describes the proposed location of the rghtofway In more detail. The width of said right-of-way during oarslmcti n shell be fifty feet (50'), and subsequent to construction shall be thirty feet (30'). Grantee further agrees to construct the pipeline as dose as possible to the vast edge of the above referenced lands and as dose as possible to any existing pipelines located on the Lands. Grantor represents and warrants to Grantee that Grantor is the sole owner in fee simple of the Lands more particularly described in Exhibit "A" and has full authority to grant this right of way. Grantee shall lay all pipe at a sufficient depth to avoid interfering with cultivation of the soil. Grantee shall repair and/or restore any fence on the Lands removed or severed by Grantee in the course of the operations provided for In this Grant. If necessary to prevent the escape of Grantor's livestock, Grantee shall construct temporary gates or fences. Grantee shall have all rights and benefits necessary or convenient for the full use and enjoyment of the rights herein grated, including but not limited to, the right of ingress and egress over and across the lands for any and all purposes necessary aid incidental to exercising Grantee's rights hereunder. Grantor agrees not to build, create, construct or permit to be bait, created or constructed, any obstr ction, building, reserve r, engineering wads a other structure, excepting fences or canals, over, under, or an the right-of-vey granted without pia written consent of Grantee. Grantee shall pay Grantor for any surface damages, if any, pursuant to the terms of that letter agreement between Grata and Grantee dated May 23, 2000 which by this reference Is incorporated herein. Grantee shall indemnify and hold Grantor harmless from any dams or damages resulting from Grantee's activities and operations on the right-of-way; and, Grantor shall indemnify and hold Grantee harmless from any dams or damages resulting from Grantor's activities on the right -of -vary. Grantor shall have the right to use and enjoy the lands, subject to the rights herein granted. This Grant cannot be modified, except in writing signed by all parties hereto. The rights granted herein may be assigned in whole or in part, and the terms, conditions, and provisions of this Grant are a covenant running with the land and shall extend to and De binding upon the heirs, executors, administrators, personal representatives, successors, and assigns of Grantor and Grantee. Grantee agrees that upon completion of construction the easement area will be re -seeded with an appropriate seed mixWre vAtch shall be approved by Grantor. In the event the reseeding does not adequately restore the land to its original or tester condition, Grantee agrees to re -seed the easement area up to two additional times to restore the grass. When the easement area is seeded, a mixture of seed and mulched straw will be used to improve the possibility of adequate germination. Grantee further agrees that adfident ground cover shall be used to limit and prevent any wind erosion damages that may be caused by Grantee's construction operations on the lands described herein. Grantee agrees to level and restore any lands that may have excmcdve settling and suffidently compact the soil within a reasonable period of time after completion of construction. Grantor and Grantee agree that the road adjacent to the pipeline will be used in the construction operations, and further agree that upon completion of construction the road will be covered with road base, leveled and restored to its original or better condition. If Grantee does not commence construction of the pipeline within two (2) years from May 23, 2000, this Grant shall terminate. Within thirty (30) days of such termination, Grantee shall re -convey to the Grantor any and all rights previously conveyed to the Grantee herein. 11111111111111111111111111!!III 111111 III VIII11111111 2772879 3 R 08/06/216.00 000 0.00 Weld County 0 41JA Saki Te kamoto 2C0 This Grant may be executed in two or more camterparts all of which shall be considered one and the same agreement. IN WITNESS WHEREOF, the parties have exerted this Grant as of the date first above written. GRANTOR: By: ' Rq'y T. Title: Managing General Partner STATE OF COLORADO COUNTY OF WELD The foregoing Instrument wasacknowledged before me this day of May, 2000, by Roy T. Wardell, as Managing General Partner of Wardell Family Ltd., LLLP, a limited liability limited partnership. GRANTEE: HS GATHERING, LLC., a Colorado limited liability company By Its Manager, HS RE$D,URCES, INC., a Dg)ewram Corporation U, /Cnre By Janet Pasqua,[ Attorney -in -Fact I'l Witpemiiiiiii iiii M °MSS seal. `�,.......,r�= f. My' N Epl ray: March 10, 2004 nnn STATE OF COLORADO CITY AND COUNTY OF DENVER The foregoing instrument was acknowledged before me this day of na-- 2000, by Janet W. Pasqua, as Attorney -in -Fad of HS Resources, Inc., a Ddawere , in its capacity as Manager of HS Gathering, LLC., a Colorado li - •• parry, on behalf of such company. Not Public. Scott R. Knutson Parker, CO 80134 Witness my DA K. HENDRIX @IA*. PUBLIC STATE OF COLORADO My Commission Expires 3/10/2002 My Commission Expires: dic: • 1111111111111111111111111 liii 11111111111111 liii liii 3 of 3 R 15.00 0 0.00 Weld County Co EXHIBIT "A" • Attached to and made a part of that certain Right -of -Way Grant dated May 23, 2000, from WARDELL FAMILY LTD., LLLP, as Grantor, and HS GATHERING, L.L.C., as Grantee. r Proposed Pipeline Wardell Mile igh Family LTD, 1 9 Turkey LLLP Hatchery Inc. Melvin J. Camp et a1 Audrey & Nancy Ward Ray B. & C.J. Brandenburger T3N, R65W Weld County, Colorado • 111111111 1111111 t i l l1111111I I 111111111111 2981190 05/26f2002 09:02A Weld County, CO 1 ci 3 R 15 00 0 0.00 J.A. "Saki" Tsukamem 150 PIPELINE RIGHT-OF-WAY GRANT • FOR AND IN CONSIDERATION OF THE SUM OF Ten and More ($10.00+) DOLLARS for the pipeline to be constructed under the terms hereof, to be paid after a survey establishing the route of the line has been completed, and before construction is commenced, 1/WE, Wardell Family Ltd., LLLP., 18253 Weld County Road 32, Platteville, Colorado 80651 hereinafter referred to as "Grantor" (whether one or more) does hereby grant, sell, convey, and warrant to Duke Energy Field Services, LP, its successors and assigns, hereinafter referred to as "Grantee", the right, privilege and exclusive easement, Fifty (50) feet in width for construction and a permanent easement of Thirty (30) feet in width, for the purpose of a single pipeline and from time to time of constructing, operating, inspecting, maintaining, protecting, repairing, replacing, changing the size of, and removing a single pipeline, or other appurtenances including above ground receiver site, for the transportation of oil, gas, petroleum products, water, and any products and derivatives of any of the foregoing, and any combinations and mixtures of any of the foregoing, upon and along a route to be selected by Grantee on, and through the following described land located in WELD County, State of COLORADO, to wit: TOWNSHIP 3 NORTH, RANGE 65 WEST, 6th P.M. Section 18: Wl/2SW1/4 Section 19: NW1/4NW1/4 Said pipeline easement being more particularly described on Exhibit "A" attached hereto and made a part hereof. Together with the right of ingress and egress to and from said pipeline, or any of them, on, over, and across said land and adjacent land of Grantor. It is agreed that the pipeline to be laid under this grant shall be constructed a minimum depth of forty eight (48) inches below the surface of the ground to permit normal cultivation at the time of construction, and Grantor shall have the right to fully use and enjoy the above described premises subject to the rights herein granted. Grantee shall have the right to clear all trees, undergrowth and other obstructions from the herein granted right-of-way, and Grantor agrees not to build, construct or create any buildings, structures or engineering works on the herein granted right-of-way that will interfere with the normal operation and maintenance of said line or lines. Grantee will reseed the pipeline easement following any pipeline repair operations that requires surface disturbance and will maintain original grade a contour within the pipeline easement Grantee agrees to pay to the owners, as their interests may be, any and all damages to crops, timber, fences, drain tile, or other improvements on said premises that may arise from the exercise of the rights herein granted; provided, however, that after the pipeline has been constructed hereunder, Grantee shall not be liable for damages caused on the easement by keeping said easement clear of trees, undergrowth, and brush in the exercise of the rights herein granted. Any payment due hereunder may be made direct to the said Grantor or any one of them. The terms, conditions, and provisions of the contract shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors, and assigns of the parties hereto. The easement and rights herein granted may be leased or assigned in whole or in part TO HAVE AND TO HOLD said easement, rights, estates, and privileges unto Grantee, its successors and assigns, as long as said easement is used for the purposes granted herein. Page 1 of 2 11191111111111121111011111111 ilIlllL L 1%1111 III11111111 III VI 1111I1I 2 0l 3 R 75.00 D 0 U0 J.P. SuM TwNlmmow IN WITNESS WHEREOF, Grantor has executed this instrument this /las-% 2002 signed, sealed, Bao delivered in the presence of: Wardell Family Ltd., LLLP. Tax I.D. 0 84-1443521 ACKNOWLEDGEMENT THE STATE OF Colorado ss. COUNTY OF Wan Before Me, the undersigned, a Notary Public in and for said County and State, on this day personally appeared, Roy Wardell as General Partner of Wardell Family Ltd., LLLP.,. known to me to be the same person who executed the within and foregoing instrument, and acknowledged to me that he executed the same as his free and voluntary act and deed forthe purposes and consideration therein r' Mexpressed. d. / Given Undey Hand and Seal of Office, this 242. -day h% day of �7/ A.D. 2002. day of Mycominitisioitexpiies: $/O 20W • Page 2 of 2 ublic 1111111111111111111 Il 11)111111111111111 III 11111 /III III! 298119D 08/26/2002 09:O2A Weld County. CO 3 of 3 R 15.00 0 8.00 JA. "8uld" Teulmmoto Date. 5/22/2002 The. 141200 Scales 1=500LPSDraeina File. GeosurvWela'2North\Drawin s\101045 26P.DVG.DWG (boy) 0 31V0S 3IHdVHC „F Y DU (r 1 I� m NN ^O CDIA'i G "Im 80 P Nm s�6: m 8 m - r 'c r Q. tir Err' i o x D 1 3 z ? co co P O O y f 0 0< 5 U 44 0 0 Itz> Ltri M • Pq ;2P,15. Y eh?' a°Ql tN 0 t:O X03 Kr la$ C ug o ow 4 0 in m c z pi 0 o m mfir nmoo x - z 0IP i sir Pl 33m o N 262 • 13111111111111111111111111liii 11111111111III11111liii (Ill 09/0212003 04:21P Weld Coo CI CO 1 of 3 R 15 00 0 0.00 Steve Moreno Clerk & Recorder RIGHT-OF-WAY GRANT • THIS RIGHT-OF-WAY GRANT (this "Grant') is made this 21st day of August. 2002, from WARDELL FAMILY LTD., LLLP, a limited liability limited partnership whose address is 18253 Weld County Road 32, Platteville, Colorado 80601, ("Grantor," whether one or more), to Kerr-McGee Gathering LLC, a Colorado limited liability company, whose address is 1999 Broadway, Suite 3600, Denver, Colorado 80202 ("Grantee"). The parties agree as follows: For and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby grants, conveys and warrants unto Grantee, its successors and assigns, a perpetual right-of-way and easement to survey, construct, maintain, Inspect, operate, repair, replace, modify, change the size of, reconstruct, mark, monitor, abandon or remove, at Grantee's election, one pipeline and all appurtenances convenient for the transportation or transmission of oil, gas, petroleum products, water, hydrocarbons and any other substances, whether fluid, solid, or gaseous, and any products, derivatives, combinations or mixtures of any of the foregoing, in, under, or through the lands situated in Weld County, State of Colorado. being more particularly described as follows (the "Lands"): Township 3 North, Rance 65 West. 6'" P.M. Section 19: W%W% See Exhibit "A" attached hereto and made a part hereof which describes the proposed location of the right-of-way in more detail. The width of said right-of-way during construction shall be fifty feet (50'), and subsequent to construction shall be thirty feet (30'). Grantee further agrees to construct the pipeline parallel and as close as possible to the existing pipelines located on the Lands. Grantor represents and warrants to Grantee that Grantor is the sole owner in fee simple of the Lands more particularly described in Exhibit "A" and has full authority to grant this right of way. Grantee shag lay all pipe at a sufficient depth to avoid interfering with cultivation of the soil. Grantee shall repair and/or restore any fence on the Lands removed or severed by Grantee in the course of the operations provided for in this Grant If necessary to prevent the escape of Grantor's livestock, Grantee shall construct temporary gates or fences. Grantee shall have all rights and benefits necessary or convenient for the full use and enjoyment of the rights herein granted, including but not limited to, the right of ingress and egress over and across the Lands for any and all purposes necessary and incidental to exercising Grantee's rights hereunder. Grantor agrees not to build, create, construct or permit to be built, created or constructed, any obstruction, building, reservoir, engineering works or other structure, excepting fences or corrals, over, under, or on the right-of-way granted without prior written consent of Grantee. Grantee shall indemnify and hold Grantor harmless from any claims or damages resulting from Grantee's activities and operations on the right-of-way; and, Grantor shall indemnify and hold Grantee harmless from any claims or damages resulting from Grantor's activities on the right-of-way. Grantor shall have the right to use and enjoy the Lands, subject to the rights herein granted. This Grant cannot be modified, except in writing signed by all parties hereto. The rights granted herein may be assigned in whole or in part, and the terms, conditions, and provisions of this Grant are a covenant running with the land and shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors, and assigns of Grantor and Grantee. Grantee agrees that upon completion of construction the easement area will be re -seeded with an appropriate seed mixture, which shall be approved by Grantor. In the event the reseeding does not adequately restore the land to its original or better condition, Grantee agrees to re -seed the easement area additional times to restore the grass. When the easement area is seeded, a mixture of seed, manure and mulched straw will be used as needed to improve the possibility of adequate germination. Grantee further agrees that sufficient ground cover shalt be used to limit and prevent any wind erosion damages that may be caused by Grantee's construction operations on the lands described herein. Grantee agrees to level and restore any lands that may have excessive settling and sufficiency compact the soil within a reasonable period of time after completion of construction. Grantor and Grantee agree that the road adjacent to the pipeline will be used in the construction operations, and further agree that upon completion of construction of the pipeline, the road will be covered with road base, leveled and restored to its original or better condition in the areas where damage occurs from the construction operations. This Grant may be executed in two or more counterparts all of which shall be considered one and the same agreement IN WITNESS WHEREOF, the parties have executed this Grant as of the date first above written. Platteville 8" Loop Line 11111111111 IllIIull!III!11111111111I011111III!IIII • 3102282 06/02/2003 04:21P Wald County, CO 2 of 3 R 16.00 0 0.00 Slave Marine Clerk & Recorder GRANTOR: By: ''+n4 : Nell Me: Manag ng General Partner STATE OF COLORADO )ss. COUNTY OF WELD • GRANTEE: Ken -McGee Gathering LLC, a Colorado limited liability company By its Manager. Ken -McGee Dela By: Tile: Corporation, a The foregoing instrument was acknowledged before me this 2/,rzlay of August. 2002. by Roy T. Werden, as Managing General Partner of Wardell Family Ltd., LISP, a Ignited Ii lfly limited partnership. WitfNMy'R arM official seal. Jo ="EA:1TM j.Fxprt9s: March 10.2004 STATE OF COLORADO CITY AND COUNTY OF DENVER )as. The foregoing instrument was acknowledged before me this ] day of�,'20 e, by James P. Wason, as Attorney -in -Fact of Kerr-McGee Rocky Mountain Corporation, a Delaware corporation, in its capacity as Manager of Kerr-McGee Gathering LLC, a Colorado limit lability company, on behalf of such company. Wnness m seal. 1AY My Coy mission Expires: B L\O @� uy cowman Es=am Notary Pulled. �C� EXHIBIT "A" Attached to and made a part of that certain Right -of -Way Grant dated August 21, 2002, from Wardell Family Ltd., LLLP, as Grantor, to Kerr-McGee Gathering LLC, as Grantee. Oata 7/24/2003 1M 10$65 Scale 1-]001PSIMANAq It,, Ge ,AWeldaNa t\Is, ae\W21IMB-K.Aeo-BVC 4,t) ,S3L0N 3NIl 2424L3�6 io : AWM. CAP IS 10855 I 9 R 1/4 CORNER SEC 24/SEC 19 ALW2. OP PLS 12330 qqr YI MATCHLINE I 1 i TA I\ CO 1 N W Z mI to N C m m < n or 4 FY E s` v; r O K z car")j 1 J & IEw co A I B D m i g7 'n 1 y 1 � j o �r o s n r North N i 2 C J U aS I += rn n �C> -4 CA .a • -I e 1"1-1 p P.— da N Ed at rn N CO m 1/4 CORNER SEC 24/SEC 19 AWN. CM PL5 12336 ILLIlla ALUM. CAP ILLEGIBLE 1 S3 Is Ig1 §t MATCHLINE z L! 0 to m KERR-Mc-GEE 02-084-8" AS BUILT SURVEY TOWNSHIP. 3 NORTH RANGE 66 WEST 6th PM COUNTY: WELD STATE: COLORADO APE: P-02-116 REVISIONS: 07/1203 aY: RIG 1111111 IIIII 1111 iitill II(I 111111 IIIlI III illll IIII IIII 3102262 09102/2003 04:21P Weld County, CO 3 of 3 fl 16.00 0 0.00 Steve Moreno Clerk S Recorder 1� 1111111 III II 11111 IIIII11111111111111111 III 1111111111111 3230169 10/25/2004 02:11P Weld County, CO 1 of 1 R 5.00 D 0.00 Steve Moreno Clerk & Recorder MEMORANDUM OF AGREEMENT STATE OF COLORADO ) ) ss. COUNTY OF WELD This Memorandum is made this 8th day of October, 2004, by Patina Oil & Gas Corporation ("Patina"), 1625 Broadway, Suite 2000, Denver, CO 80202. On April 5, 2004, Wardell Family Ltd., LLLP ("Surface Owner") and Patina entered into a Surface Use Agreement (the "Agreement') providing for the use of the surface of the land described below by Patina in connection with certain oil and gas operations and the compensation to Surface Owner for all damages (except as provided in the Agreement) to the surface of the land associated with the drilling, testing, completion, recompletion, reworking, reentry, pumping, operation and maintenance of the wellsite to be located in: Township 3 North. Range 65 West, 6th P.M. Section 19: SW/4NW/4 Weld County, Colorado This Memorandum of Agreement is executed by Patina and placed of record in Weld County, Colorado for the purpose of placing all persons on notice of the existence of the Surface Use Agreement. A true and complete copy of the Agreement is available from Patina to any person with an interest in the above described land. ATTEST PATINA OIL & GAS CORPORATION David J. Kornder Secretary STATE OF COLORADO CITY AND COUNTY OF DENVER ) ss. By: David W/Siple Vice President The foregoing instrument was acknowledged before me this /1 'day of October, 2004, by David W. Siple as Vice President of Patina Oil & Gas Corporation. [SEAL] My commission expir Wit 19.5E r 4C,2 P.0 Notary Public 1 11111181111111 11111111111I1111111County,1I 1111111111111 55t 1 of 1 R 6.00 0 0.00 5 St4P eve Moreno lrk & Recorder MEMORANDUM OF AGREEMENT STATE OF COLORADO ) ) ss. COUNTY OF WELD ) This Memorandum is made this 28th day of February, 2005, by Patina Oil & Gas Corporation ("Patina"), 1625 Broadway, Suite 2000, Denver, CO 80202. On July 26, 2004, Wardell Family Ltd., LLLP ("Surface Owner") and Patina entered into a Surface Use Agreement (the "Agreement") providing for the use of the surface of the land described below by Patina in connection with certain oil and gas operations and the compensation to Surface Owner for all damages (except as provided in the Agreement) to the surface of the land associated with the drilling, testing, completion, recompletion, reworking, reentry, pumping, operation and maintenance of the wellsite to be located in: Township 3 North, Range 65 West, 6th P.M. Section 19: Approximate center of W/2 Weld County, Colorado This Memorandum of Agreement is executed by Patina and placed of record in Weld County, Colorado for the purpose of placing all persons on notice of the existence of the Surface Use Agreement. A true and complete copy of the Agreement is available from Patina to any persol>;11„y n interest in the above described land. t:,,,.,.... C>;t'litTo a.•• },avid J. Komder Cretary STATE OF COLORADO CITY AND COUNTY OF DENVER The foregoing instrument was acknowledged before me this 28th day of February, 2005, by David W. Siple as Vice President of Patina Oil & Gas Corporation. )ss. PATINA OIL & GAS CORPORATION By: David Wi'Siple Vice President [SEAL] My commission expires: NotaryNotary Public P� Wardell H 19-20 KATHRYN PORTUS NOTARY PUBLIC STATE OF COLORADO MY COMMISSION EXPIRES 219/2009 PERSONAL REPRESENTATIVE'S DEED (Testate Estate) S3i THIS DEED is made by Jerrold J. Wardell, as Personal Representative of the ESTATE OF ANNA E. WARDELL, Deceased, Grantor, to Jerrold J. Wardell, whose legal address is P.O. Box 27, 310 Elizabeth Street, Platteville, Weld County, Colorado 80651, Grantee. WHEREAS, the Last Will and Testament of the above -named decedent was made and executed in the lifetime of the decedent and is dated August 21, 1992, which Will was duly admitted to formal probate on August 30, 1994, by the District Court in and for the County of Weld, State of Colorado, Probate No. 94 PR 276; and WHEREAS, Grantor was duly appointed Personal Representative of said Estate on August 30, 1994, and is now qualified and acting in said capacity. NOW, THEREFORE, pursuant to the powers conferred upon the Grantor by the Colorado Probate Code, the Grantor does hereby sell, convey, assign, transfer, and set over, without warranty of title and without warranty as to condition of property, unto said Grantee, as the person entitled to distribution of the property in the above captioned Will, the following described real property situate in the County of Weld, State of Colorado: See Exhibit "A" attached hereto and incorporated herein by reference for legal description. See Exhibit "A" attached hereto and incorporated herein by reference for mineral reservation. With all appurtenances, subject to the following exceptions: covenants, easements, conditions, reservations, rights of way, oil and gas leases, restrictions, agreements, and exceptions, all of record or as may exist by use; and subject to all governmental laws, rules and regulations: and subject to general property taxes and assessments for the year 1996. As used herein, the singular includes the plural and the plural the singular. Executed this 11th day of November p1y� , 1996. Jet old J. W dell, l�s Personal Representative of The Estate of Anna E. Wardell. Deceased. STATE OF COLORADO ) ) ss. COUNTY OF WELD The foregoing instrument was acknowledged before me on the 11th day of November 1996, by Jerrold J. Wardell, as Personal Representative of the Estate of Anna E. Wardell, Deceased. Witness my hand and official seal. August 12, 1999 Nary Public 1. 'Mp9#Mpm9PDIOIJDW 2524831 B-1581 P-231 12/13/1996 10:04A PG 1 OF 2 REC Weld County Co JA Suki Tsnkamoto Clerk E. Recorder 11.00 DOC • EXHIBIT "A" All of Section 18, in Township 3 North, Range 65 West of the 6th P.M.; The W1/2 of Section 19, in Township 3 North, Range 65 West of the 6th P.M.; All of Section 7 and the S1/2 of Section 6, in Township 3 North, Range 65 West of the 6th P.M.; The NE1/4 of the NEI/4 of Section 19, in Township 3 North, Range 65 West of the 6th P.M.; The S1/2 of Section 20, in Township 3 North, Range 65 West of the 6th P.M.; The NW1/4 of Section 20, in Township 3 North, Range 65 West of the 6th P.M.; All of Section 29, in Township 3 North, Range 65 West of the 6th P.M., All located in the County of Weld, State of Colorado, Excepting and reserving, however, unto Grantor all oil, gas, and other minerals of whatever kind or nature lying in, under, and upon the above -described properties owned by Grantor, together with rights of ingress and egress to explore for, remove, and mine the same and all access rights necessary therefor. Also excluding any and all interest in 9.82 shares of stock of the Farmers Reservoir and Irrigation Co. 2524831 8-1581 P-231 12/13/1996 10:04A PG 2 OF 2 M, W an-om I Np 11. D. M 1 IDW PERSONAL REPRESENTATIVE'S DEED (Testate Estate) ,1'37 THIS DEED is made by Jerrold J. Wardell, as Personal Representative of the ESTATE OF ANNA E. WARDELL, Deceased, Grantor, to Jerrold J. Wardell, whose legal address is P.O. Box 27, 310 Elizabeth Street, Platteville, Weld County, Colorado 80651, Grantee. WHEREAS, the Last Will and Testament of the above -named decedent was made and executed in the lifetime of the decedent and is dated August 21, 1992, which Will was duly admitted to formal probate on August 30, 1994, by the District Court in and for the County of Weld, State of Colorado, Probate No. 94 PR 276; and WHEREAS, Grantor was duly appointed Personal Representative of said Estate on August 30, 1994, and is now qualified and acting in said capacity. NOW, THEREFORE, pursuant to the powers conferred upon the Grantor by the Colorado Probate Code, the Grantor does hereby sell, convey, assign, transfer, and set over, without warranty of title and without warranty as to condition of property, unto said Grantee, for and in consideration of the sum of Two Hundred Sixty -Six Thousand Six Hundred Twenty -Six and No/100 Dollars ($266,626.00), the receipt of which is acknowledged by Grantor, the following described real property situate in the County of Weld, State of Colorado: See Exhibit "A" attached hereto and incorporated herein by reference for legal description. With all appurtenances, subject to the following exceptions: covenants, easements, conditions, reservations, rights of way, oil and gas leases, restrictions, agreements, and exceptions, all of record or as may exist by use; and subject to all governmental laws, rules and regulations; and subject to general property taxes and assessments for the year 1996. As used herein. the singular includes the plural and the plural the singular. Executed this 13th day of Nnvpmhpr 1996. J*I—rr6—ttG W l✓i`/.14r��X' rold J. Wardell,ks Personal Representative of The Estate of Anna E. Wardell, Deceased. STATE OF COLORADO ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me on the 11th day of November 1996, by Jerrold J. Wardell, as Personal Representative of the Estate of Anna E. Wardell, Deceased. Witness my hand and official seal. My Commission Expires: it°ji A4•'a•,. IA..VNnM4UlVY:IP1Nm),IDW N�•.FtJB�-�� Cr col August 12, 1999 414toCi k; Public 2524832 B-1581 P-232 12/13/1996 10:12A PG 1 OF 2 BBC DOC Weld County CO ]A Suki Tsukamoto Clerk b Recorder 11.00 26.67 EXHIBIT "A" All Grantor's interest in and to all oil, gas. and other minerals of whatever kind or nature (together with rights of arrtcc, ingress, and egress to explore for. remove, mine, and produce the same) lying in, upon. and under, and that may be produced from, the following lands: All of Section 18. Township 3 North, Range 65 West of the 6th P.M. WI/2 of Section 19, Township 3 North. Range 65 West of the 6th Y.M. S 1 /2 and NW I/4 of Section 20. Township 3 North. Range 65 West of the 6th P.M. All in the County of Weld, State of Colorado. 2524832 B-1581 P-232 12/13/1996 10:12A PG 2 OF 2 M+WINN4MI Wt11.DIMMJOW Luanne 11111 iI■VI3. 400 111111! 11111 11111 11011 IIII 11111111111111 1111101/ IHi 3423400 09129/2006 10:54A Weld County, CD 1 of 3 R 16.00 D 218.00 Steve Moreno Clerk & Recorder WHEN RECORDED RETURN TO: Roy T. Wardell ;is I(05f2 Essf>k- aD .S° Fla_ rx 17 r 1c, Co lbws( WARRANTY DEED THIS DEED, dated September 27, 2006, between Wardell Family Ltd LLLP, duly organized and existing under and by virtue of the laws of the State of Colorado, grantor(s), and Roy T. Wardell, )testa F.5e1[ Ad hip0. ul/Ic Cu 6o .si whose legal address Is S8D, ,-ca—, of the County of Weld and State of Colorado, grantee(s): WITNESS, that the grantor(s), for and in consideration of the sum of Two Million Eighty Thousand and 00/100 Dollars ($2,080,000.00), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the any, situate e(s), his heirs land being assigns the County of Weld and Statproperty Colorado,and all vater rights, described as follows( with Improvements, if SEE ATTACHED EXHIBIT *A' consisting of two pages also known by street and number as: TIM, CO TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or In anywise appertaining, and the reversion and reversions, remainder and remainders, rents, Issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor(s), either In law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee(s), his heirs and assigns forever. The grantor, for itself, Its successors and assigns, does covenant, grant, bargain and agree to and with the grantee(s), his heirs and assigns, that of the time of the ensealing and delivery of these presents, it is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, In fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and dear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever, except general taxes for the year 2006 and subsequent years, and except minerals and oil and gas, easements, covenants, conditions, restrictions, reservations, and rights of way of record, if any. The grantor(s) shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee(s), his hells and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. SDF $208.00 Family Ltd LL / 1 ` //V (t•t<trN By: 3 Its: &p. (,t.>Aft deii STATE OF COLORADO )SS COUNTY OF 0 JP !LJ/-/I, ) nn��°i� tb T d- IOW/ell as The foregoing Instrument was Family Ltdg $Pore ma.by S'-�.P. of Wardell Family LtdL :• fi i Witness my hand and official seal. ) yC!.. .Cqy My Commission Expires: .c.- k'. . a0 Public File No.: LTWT000t 534 WD Corp to tndv-DOC LTG 9/25/D6 1:56 PM I 11111111111111111111.111111:54A 1 If1111I 1u 111111% 1111 32 of 3 R 15.00 0 208.00 Steve Moreno Clerk & Recorder Exhibit "A" Page 1 Parcel 1: The South 1/2 of Section 6, Township 3 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado. Excepting therefrom that part as conveyed to The Farmers Reservoir and Irrigation Company in Warranty Deed recorded July 29, 1914 In Book 393 at Page 569. Also excepting therefrom that part as conveyed to The Farmers Reservoir and Irrigation Company in Warranty Deed recorded July 29, 1915 in Book 417 at Page 345. Also excepting therefrom that part as conveyed to The Farmers Reservoir and Irrigation Co. In Deed recorded February 7, 1986 in Book 1102 at Reception No. 2042254. Parcel 2: All of Section 7, Township 3 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado. Parcel 3: All of Section 18, Township 3 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado. Parcel 4: The West 1/2 and the Northeast 1/4 of the Northeast 1/4 of Section 19, Township 3 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado. Parcel 5: The South 1/2 and the Northwest 1/4 of Section 20, Township 3 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado. Parcel 6: All of Section 29, Township 3 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado. Excepting therefrom that part as conveyed to John R. Moser and Ellen F. Moser in Warranty Deed recorded January 6, 1999 at Reception No. 2664967; Excluding however all of Grantor's Interest In and to all oil, gas, and other minerals of whatever kind or nature, including all Oil and Gas Leases of Record (together with Grantor's retained rights of access, ingress, and egress to explore for, remove, mine, and produce the same) lying in, upon, and under, and that may be produced from, Parcels 1, 2, 3, 4, 5, and 6 and further excluding in addition to the minerals described above, all pf Grantor's Interest in all other oil, gas, and other minerals of whatever kind, if any, located in the County of Weld, State of Colorado; and further excluding all mineral rights owned by third parties Including the minerals owned by third parties pursuant to the Surface Owner's Agreements listed below. Water Rights Legal Description: All Water Rights associated with 9.82 shares of The Farmers Reservoir and Irrigation Company represented by certificate No: 7451 Surface Owner's Agreements: I) Surface Owner's Agreement dated December 13, 1991 by and between LI. WARDELL, also known as Jerold J. Wardell, and ANNA E WARDELL as Landowners and UNION PACIFIC RESOURCES COMPANY (UPRC) relating to all of Section 29. Township 3 North, Range 65 West of the sixth Principal Meridian, Weld County Colorado. 2) Surface Owner's Agreement dated September 30, 1985 by and between J.J. WARDELL and ANNA E. WARDELL as Land Owner and CHAMPLIN PERTROLEUM COMPANY ("Champlin") relating to the Northeast Quarter (N.E.1/4 of Section 29 and the Northeast Quarter (N.E. '''A) or Section 7, Township 3 North, Range Sixty -Five West of the Sixth Principal Meridian, Weld County, Colorado. 3) Surface Owner's Agreement Dated October 18, 199I by and between 1.1. WARDELL and ANNA E. WARDELL as Land Owner and UNION PACIFIC RESOURCES COMPANY ("UPRC") relating to a 40 acre parcel located in the N.EI/4 of the N.E I/4 of Section 19, Township 3 Nonh, Range 65 West of the Sixth Principal Meridian, Weld County, Colorado. 4) Surface Owner's Agreement dated May 9, 1973 by and between JERROLD 1. WARDELL and ANNA E. WARDELL as Landowners and CHAMPLIN PETROLEUM COMPANY(Champlin) relating to the West VI and S.E 14 of Section 7, Township 3 North. Range 65 West of the Sixth Principal Meridian, Weld County, Colorado. 5) Surface Owner's Agreement dated August 8, 1991 by and between JERROLD 1. WARDELL and ANNA E WARDELL as Land Owner and UNION PACIFIC RESOURCES COMPANY ("UPRC") relating to the N.E.1/4 of the N.E.1/4 of Section 19. Township 3 North. Range 65 West ofthe Sixth Principal Meridian, Weld County, Colorado. File No.: LTWT0001534 WD Corp to Indv-DOC 9/25/06 1:56 PM • I I I I I 11111111111111111 I I I 11111111(1111 III 11111 I I I 11111 3423400 09/29/2006 10 64A Weld County, CO 3 at 3 R 16 00 0 208.00 Cleve Moreno Clerk & Recorder "EXHIBIT A" continued Page 2 6) Surface Owner's Agreement dated October I, 1970 by and between JERROLD 1. WARDELL and ANNA E WARDELL as Land Owner and UNION PACIFIC RESOURCES COMPANY C'UPRC) relating to the S. Ph and the N.W.1/4 of Section 29, Township 3 North, Range 65 West ofthe Sixth Principal Meridian, Weld County, Colorado. All of the aforanentioned Surface Owners' Agreements have bem assigned by UPRC and Champlin to Aadarro Petroleum Company File No.: LTWf0D01534 WO Corp to Indv-DOC 9/25/D6 1:56 PM 11111118111 011 1011 1111 IIIII IIIIIII III IIIII Ili! fill 4O1 3423401 09/29/2006 10.54A Weld County, CO 1 of 5 R 26.00 D 0.00 Steve Moreno Clerk & Recorder DEED OF TRUST AND SECURITY AGREEMENT (Colorado -Wit Future Advance Clause) +Farm Credit Loan No. 2547830 DATE. MIS DEED OF TRUST 4 made on this PARTIES. The parties to this Deed of Trust are: Roy T. Wardell Roy T. Wardell 12th day of whose address is: 16512 Essex Rd N Platteville, CO 80651 - County of Weld September . 2006 • Weld , State of Colorado, who throughout the deed of mist will be called GRANTOR, and the Public Trustee of County. State of Colorado. hereinafter referred to as the 'Public Trustee'. AMOUNT AND TERMS. The GRANTOR has made a promissory note payable to the order of Farm Credit Services of the Mountain Plains, FLCA, a wholly owned subsidiary of Farm Cretht Serrkes of the MopntainPlahss ACA . P.O. Box 336670 Greeley CO 80633 as beneficiary of this deed of trust and which throughout this deed of trust will be called the BENEFICIARY. The promissory note is dated 9/12/2006 . The deed of must secures the payment of S 1,800,000.00 of the original principal sum and is payable with interest as shown in the promissory note and if not sooner paid, shall be due and payable in full on 10/1/2021 subject to extensions thereof. The promissory note states the interest rate on the principal sum, and may also provide for future changes in the interest rate. The principal sum consists of the original principal sum and substitutions and renewals thereof, and may consist of additional principal advances not to exceed S 0.00 , as evidenced by the GRANTOR'S notes and bearing interest as provided in said notes. The deed of trust secures the repayment of the principal sum with interest, and any additional indebtedness arising under the terms and conditions of this deed of trust. PROPERTY CONVEYED. The GRANTOR, to secure the promissory note(s), does by this deed of trust grant and convey to the said Public Trustee the following property situated in the County of Weld . Stale of Colorado described as follows: Legal Description attached hereto as Exhibit "An. Together with all water rights, welts and equipment, ditch and ditch rights appurtenant thereto, used for the irrigation of said land including, but not limited to 9.82 shares of the capital stock of Farmers Reservoir and Irrigation Company (Barr Lake). Containing 3.028 acres, more or less, and including, whether or not owned by GRANTOR on the date of this deed of mist, or acquired by GRANTOR after the date of this deed of mist, or whether now or later located on or appurtenant to the real estate described above: All improvements of any kind and character; all equipment, and furores; all easements, rights of way and reversionary rights; all privileges, herediuunents and appurtenances; all water, irrigation and drainage rights; and all abstracts or other evidence of tide; all of which shall be considered a part of the security under this deed of trust. This conveyance is subject to any existing easements, rights of way, and mineral interests or mineral leases owned by third panics which were validly reserved or conveyed and ate now of record. Fonts 8602 RDS)2003 CTG • • 1111111111111111111111111111111111111111111111111111111 3423401 09/29/2006 10:54A Weld County. CO 5 of 5 R 26.00 D 0.00 Steve Moreno Clerk & Recorder +Farm Credit Attachment • Name: Roy T. Wardell Loan No. 2547830 EXHIBIT "A" Parcel 1: The South 1/2 of Section 6, Township 3 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado. Excepting therefrom that part as conveyed to The Farmers Reservoir and Irrigation Company in Warranty Deed recorded July 29, 1914 in Book 393 at Page 569. Also excepting therefrom that part as conveyed to The Farmers Reservoir and Irrigation Company in Warranty Deed recorded July 29, 1915 in Book 417 at Page 345. Also excepting therefrom that part as conveyed to The Farmers Reservoir and Irrigation Co. in Deed recorded February 7, 1986 in Book 1102 at Reception No. 2042254. Parcel 2: Alt of Section 7, Township 3 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado. Parcel 3: All of Section 18, Township 3 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado. Parcel 4: The West 1/2 and the Northeast 1/4 of the Northeast 1/4 of Section 19, Township 3 North, Range 65 West of the 6th P.N., County of Weld, State of Colorado. Parcel 5: The South 1/2 and the Northwest 1/4 of Section 20, Township 3 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado. Parcel 6: All of Section 29, Township 3 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado. Excepting therefrom that part as conveyed to John R. Moser and Ellen F. Moser in Warranty Deed recorded January 6, 1999 at Reception No. 2664967. Form R04/2004 • • 462 UCC FINANCING STATEMENT FOLLOW INSTRUCTIONS (From and back) CAREFULLY I1IN11111111IIIIttlllIl�1�IIhI tttllll11llitt 11l uI of 3423462 R 1100 If 0.00 Steve Moreno Clerk & Recorder A. NAME & PHONE OF CONTACT AT FILER optima Tammy Mahaffey (970) 3304071 B. SEND ACKNOWLEDGMENT TO: (Nam and Address) Fann Credit Stakes of the Mountain Plains. FLCA, a wholly owned subsidiary of Farm Credit Services of the Mountain Plains, ACA P. O. Box 336670 IGreeley CO 80633 I THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY 1. DEBTOR'S EXACT FULL LEGAL NAME - Insert only pne debtor name (la or lb) . do not abbreviate or combine names OR la. ORGANIZATION'S NAME IL INDIVIDUAL'S LAST NAME Wardell FIRST NAME Roy MIDDLE NAME T SUFFIX Ic. MAILING ADDRESS 16512 Essex Rd N CITY Platteville STATE CO POSTAL CODE 80651- COUNTRY US Id. SEE INSTRUCTIONS AUDI, INFO RE DEBTOR ORGANIZATION O is TYPE OF ORGANIZATION IL IURhNLIION OF ORGANIZATION COEl is. ORGANIZATIONAL m 1. If an NONE 2. ADDITIONAL DEBTOR'S EXACT FULL. LEGAL NAME -insert only one debtor name (2a or 26) - do not abbreviate or combine names OR h ORGANIZATION'S NAME .R INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFIX 2r. MAILING ADDRESS CITY STATE POSTAL CODE COUNTRY Id SEE INSTRUCTIONS ADD'L INFO RE ORGANIZATION DEBTOR 2e. TYPE OF ORGANIZATION Y. JURISDICTION OF ORGANIZATION 2y ORGANIZATIONAL ID I. if mT NONE 3. SECURED PARTY'S NAME (or NAME of TOTAL ASSIGNEE of ASSIGNOR SIP) - insert only one secured party name (3a or 3b) OR 3a. ORGANIZATION'S NAME Farm Credit Services of the Mountain Plains, FLCA, a wholly owned subsidiary of Farm Credit Services of the Mountain Plains, ACA 3E INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFIX Ic. MAILING ADDRESS P. O. Box 336670 CITY Greeley STATE CO POSTAL CODE 80633 COUNTRY U.S. 4. Ibis FINANCING STATEMENT covers de following rolleend FIXTURES, SPRINKLERS AND IRRIGATION EQUIPMENT: AIL fixtures, welts, pLmps, motors, equipment, sprinkler systems, and irrigation machinery and equipment of every kind and description, whether said equipment is owned or rented, whether new or used, whether now in the possession of the borrower or hereafter acquired, together with substitutes and replacements thereof, all accessions and accessories added to or used in connection with such equipment including, but not limited to: 6 Tower T8L Sprinkler S. TALLITERNATIVE DESIGNATION (if applicable)❑ LESSEE/LESSOR O CONSIGNEE/COSIGNOR O BAILEE/BAILOR O SELLER/BUYER O AG. LIEN O NON-UCC FILING d. Q This FINANCING ESTATE RECORDS. ATEM NT Ii to te un filed Ifee raoldl (N In de lif tlejl I 7. f p nsOREQUESTFEESEARCH REPORTW'() to t EESOr (U ❑ All Orden O Debtor I O Drda 2 8. OPTIONAL FILER REFERENCE DATA 2547830 County FILING OFFICE COPY - NATIONAL UCC FINANCING STATEMENT (FORM UCCI) (REV. OS/M02) Page 1 of 4 • 11111111111111111111111111111111 11111 III 11111 1111 III I 3423462 09/29/2006 12:30P Weld County, CO 2 of 2 R 11.00 O 0.00 Steve Moreno Clerk 8 Recorder UCC FINANCING STATEMENT ADDENDUM FOLLOW INSTRUCTIONS (Front and back) CAREFULLY 9. NAME OF FIRST DEBTOR (la or lb) ON RELATED FINANCING STATEMENT A. ORGANIZATION'S NAME 96. INDIVIDUAL'S LAST NAME Wardell FIRST NAME Roy MIDDLE NAMESUFFIX T 10. MISCELLANEOUS • THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY 'S EXACT FULL LEGAL NAME - Insert only onr name (1 la or 11b) - do not abbreviate or combine names OR I le ORGANIZATIONS NAME I lE INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFIX IIc. MAILING ADDRESS CITY STATE POSTAL CODE COUNTRY I Id. SEE NSTRUCTIONS ADD'1 INFO RE ORGANIZATION DEBTOR I Ie. TYPE OF ORGANIZATION llf. JURISDICTION OF ORGANIZATION 111. ORGANIZATIONAL ID/. if any 0 NONE 12. Q ADDITIONAL SECURED PARTY'S or ❑ ASSIGNOR S/P'S NAME -Insert only one name (12a or 12b) OR ITa. ORGANIZATIONS NAME Ilk INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFIX I2c. MAILING ADDRESS CITY STATE POSTAL CODE COUNTRY 13. This collateral. la. Deactipeion Location The the 15. Name (if Id Additional collateral trxngien FINANCING STATEMENT coven . amber to boos ar . e<,nx.d or is Med as a El tonic aline. of real Rota. of collateral: SEI/4 of Section 6, Township 3 North, Range 65 West of P.M., Weld County, Colorado. ad address ofa RECORD OWNER of atwodescribd :cal note Debora not Nye a record ireerta): IT. Check Dolt if applicawc Ind check ate, ore buc to pmpenY Estate Debtor is a0 Trust cc U Taw= acting with respect held in lost or aDecedent's IS. Deck only Ifappliabw and chet eSd are Ina. ❑ Detects a TRANSMITTING UTILITY Transactiom<nector° 30 yews -effective 30 acvrs . Filed in aewcuon with a Matefacnrd.Haac ■ filed In connection with a PuMie.Finva Transaction £TANG OFFICE COPY- NATIONAL UCC FINANCING STATEMENT ADDENDUM (FORM UCCIA0) (REV. O5¢L@) geso • 1% 111111111111111111111 Nlli lii1111111111t 11nty, 1111111 X111 1 of 1 R 6.00 D 0.00 Steve o Clerk & Recorder MEMORANDUM OF AGREEMENT STATE OF COLORADO ) ) ss. COUNTY OF WELD This Memorandum Is made this 3rd day of May 2007, by Noble Energy Production, Inc. ("Noble"), 1625 Broadway, Suite 2000, Denver, CO 80202. On April 30th, 2007, Roy T. Wardell ("Surface Owner) and Noble entered into a Surface Use Agreement (the "Agreement") providing for the use of the surface of the land described below by Noble in connection with certain oil and gas operations and the compensation to Surface Owner for all damages (except as provided in the Agreement) to the surface of the land associated with the drilling, testing, completion, recompletion, reworking, reentry, pumping, operation and maintenance of the welisites to be located in: Township 3 North, Range 65 West, 6th P.M. Section 19: W/2 Weld County, Colorado This Memorandum of Agreement is executed by Noble and placed of record in Weld County, Colorado for the purpose of placing all persons on notice of the existence of the Surface Use Agreement. A true and complete copy of the Agreement is available from Noble to any person with an interest in the above -described land. NOBLE ENERGY PRODUCTION, INC. By: Charles M. Count Attorney -In -Fact STATE OF COLORADO ) CITY AND ) ss. COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this 3rd day of May 2007, by Charles M. Countryman as Attorney -In -Fact of Noble Energy Production, Inc. [SEAL] My commission Wardell H 19.24 My Commission E.ires 04/21/2008 1111111 IIIII IIIIIl 111111 IIII IHIl 111111 III IIIII IIII IIII 3634154 02/0812006 12:12P Weld County, CO 1 of 1 li 6.0D D 0.00 Steve Moreno Clerk & Recorder MEMORANDUM OF AGREEMENT STATE OF COLORADO COUNTY OF WELD This Memorandum is made this 7th day of May, 2007, by Noble Energy Production, Inc. ("Noble"), 1625 Broadway, Suite 2000, Denver, CO 80202. On April 30, 2007, Roy T. Wardell, ("Surface Owner") and Noble entered into a Surface Use Agreement (the "Agreement") providing for the use of the surface of the land described below by Noble in connection with certain oil and gas operations and the compensation to Surface Owner for all damages (except as provided in the Agreement) to the surface of the land associated with the drilling, testing, completion, recompletion, reworking, reentry, pumping, operation and maintenance of the wellsites to be located in: Township 3 North, Range 65 West, 6th P.M. Section 19: W/2 Weld County, Colorado This Memorandum of Agreement is executed by Noble and placed of record in Weld County, Colorado for the purpose of placing all persons on notice of the existence of the Surface Use Agreement. A true and complete copy of the Agreement is available from Noble to any person with an interest in the above -described land. ) ss. NOBLE ENERGY PRODUCTION, INC. By: P. David Padgett, STATE OF COLORADO CITY AND COUNTY OF DENVER The foregoing instrument was acknowledged before me this 7t° day of May, 2007, by P. David Padgett, as Manager of Lands, DJ Basin of Noble Energy Production, Inc., a Delaware corporation, on behalf of said corporation. ) ss. [SEAL) My commission expires: Wardell H 19-24 KATHRYN PORTUS '" PUBIC r S7:�.:t Car C:h•� .hAJO MY COMMISSION EXPIRES 249x11)19 • • • David W. Siple Gerrity Oil & Gas Corporation ' 4100 E. Mississippi Ave., #1200 Denver, CO 80222 GERRITY 0 I L &G A s' C O'R PO RATION October 13, 1992 Re: Supplemental Drilling and Division Order Title Opinion, Anadarko H 18 and H 19 Wells, E'% of Section 18 and WA of Section 19, Township 3 North, Range 65 West, 6th P.M., Weld County, Colorado Ladies and Gentlemen: LANDS COVERED BY OPINION Township 3 North. Range 65 West. 6th P.M. Section 18: E'f -'Section 19: W' Weld County, Colorado TITLE DATA EXAMINED 1. A copy of Drilling and Division Order Title Opinion dated June.1, 1992, prepared by Jeffrey R. Fiske, of the law firm of Pendleton & Sabian, P.C., attorneys at law, effective as of May 7, 1992 (sometimes referred to as the °"Prior Opinion"). 2. Acreage allocation plats prepared by Jasper Freese, Registered Professional Engineer and Land Surveyor, of Freese Engineering, Greeley, Colorado, covering the • NWl SE' of Section 18, and W1/4.NW1/1 and SW'/,SW'/ of Section 19, Township 3 North, Range 65 West. 3. Photocopy of Certificate. of Name Change dated January 8, 1988, changing • the corporate title of Panhandle Western Gas Company to APX Western Corporation. 4. Photocopy of Certificate of Ownership and Merger merging APX Corporation, APX Western. Corporation. Matagorda Island Development Corporation and Matagorda Island Exploration Corporation into Anadarko Petroleum Corporation, dated December 2, 1991. 5. Assignment and Bill of Sale dated June 1, 1992, recorded in Book 1338, Reception No. 2290291 of the records of Weld County, Colorado, from Anadarko +100 Ell Nussss,opi Avenue Suite :21IIi Denver. Colorado AU772 'n MN 'i :I)•Y ie e;'h,me • • • October 13, 1992 Page 2 Petroleum Corporation to Gerrity Oil & Gas Corporation, covering Leases A and B and the lands described above. TABULATION OF LEASES \Lease A FORM: Form 88 -(Producers) 1-43 B. DATED: March 31, 1970 RECORDED: Book 638, Reception No_ 1559784 .LESSORS: JJ. Wardell and Anna E. Wardell. LESSEE: Highlight Drilling Company LAND DESCRIFI _ ION: Township 3 North, Range 65 West, 6th P_M. Section 19: W1 Weld County, Colorado TERM: Five years (only the primary term is described in the Prior Opinion) ROYALTY: 1/8th on the basis set forth in the lease DELAY RENTAL: S320 per annum DEPOSITORY: Greeley National Bank,.Greeley, Colorado ENTIRETIES CLAUSE: Yes POOLING CLAUSE: None described in the Prior Opinions SPECIAL PROVISIONS: (1) the words "and grass" have been added to the damage clause. (2) "This lease shall be null and void and shall terminate unless • operations are commenced for the drilling of a well for the production • • October 13, 1992 Page 3 Lease B FORM: DATED: RECORDED: LESSORS: LESSEE: LAND DESCRIPTION: TERM: • ROYALTY: • of oil and/or gas upon the above -described lands within fifteen (15) . months from the date of this lease, which operations are continued • without unnecessary delay to evaluate the J Sand formation." Form 88 -(Producers) 1-43 B. March 31, 1970 • Book 638, Reception No. 1559783 J.J. Wardell and Anna E. Wardell Highlight Drilling Company Township 3 North, Range 65 West, 6th P.M. Section 18: All Weld County, Colorado Five years (only the primary term is described in the Prior Opinion) 1/8th on the basis set forth in the lease DELAY RENTAL: $640 per annum DEPOSITORY: Greeley National Bank, Greeley, Colorado ENTIRETIES CLAUSE: POOLING CLAUSE: SPECIAL .PROVISIONS: Yes None described in the Prior Opinions (1) the words "and grass" have been added to the damage clause. (2) "This lease shall be null and void and shall terminate unless • operations are commenced for the drilling of a well for the production of oil and/or gas upon the above -described lands within twelve (12) • • October 13, 1992 Page 4 months from the date of this lease, which operations are continued without unnecessary delay to, evaluate the J Sand formation Lease C FORM: A typewritten lease prepared especially for use by Farmers Reservoir and Irrigation Company DATED: December 11, 1991 RECORDED: January 10, 1992, Book 1322, Reception No. 2274777 I ESSORS: Farmers Reservoir and Irrigation Company LESSEE: Snyder Oil Corporation • LAND DESCRIFIION: A. 5.44 acre tract in the W'ANW1/4 of the subject Section 19, as described in a Warranty Deed recorded at Book 327, Page 38 of the Weld County, Colorado, records TERM: Five years and as long thereafter as oil, gas, or other hydrocarbons or either or any of them, is produced from said lands, or premises pooled, therewith in paying quantities or drilling operations are continued as hereinafter•provided by the Lessee, its successors and assigns. ROYALTY: 15% on the basis set forth in the lease DELAY RENTAL: There is none provided for DEPOSITORY: None. Payments are to be made directly to the Lessor POOLING CLAUSE: Yes, see paragraph 8 of the lease SPECIAL PROVISIONS: The lease is a typewritten form prepared especially for use by Farmers Reservoir and Irrigation Company (sometimes referred to herein as "FRICO") and Snyder Oil Corporation and should be carefully reviewed for provisions not ordinarily found in pre-printed oil and gas lease forms. October 13, 1992 Page 5 Lease D FORM: DATED: RECORDED: LESSORS: LESSEE: In particular, the lease includes an Exhibit B which is a provision• whereby Snyder Oil Corporation agrees to undertake the recovery of back revenues and royalties attributable to FRICO's mineral interest in drilling and spacing units incorporating the leased premises. A typewritten lease prepared especially for use by Farmers Reservoir and Irrigation Company October 18, 1991 October 28, 1991, Book 1315, Reception No. 2267241 Farmers Reservoir and Irrigation Company Snyder OiI Corporation LAND DESCRIPTION: A 1.27 acre tract in the NWtSEt/1 of the subject Section 18, as -.described in that certain Warranty Deed recorded in Book 401. Page • 276, of the Weld County, Colorado, records TERM: Five years and as long thereafter as oil, gas, or other hydrocarbons or either or any of them, is produced from said lands, or premises pooled, therewith in paying quantities or drilling operations are continued as hereinafter provided by the Lessee, its successors .and assigns. ROYALTY: 15% on the basis set forth in the lease DELAY RENTAL: There is none provided for DEPOSITORY: None. Payments are to be made directly to the Lessor POOLING CLAUSE: SPECIAL PROVISIONS: Yes, see paragraph 8•of the lease The lease is a typewritten form prepared especially for use by FRICO and Snyder Oil Corporation and should be carefully reviewed for provisions not ordinarily found. in pre-printed oil and gas lease forms. October 13, 1992 Page 6 • In particular, the lease contains an Exhibit B whereby Snyder Oil Corporation agrees to undertake the recovery of back revenues and royalties attributable to FRICO's mineral interest in drilling and spacing units incorporating the leased premises. OWNERSHIP As to the FRICO Tracts, described below: Farmers Reservoir and Irrigation Company 100% As to the subject lands EXCEPT the FRICO Tracts: jtnts As to the FRICO Tracts: Farmers Reservoir and Irrigation Company As to the Subject lands EXCEPT the FRICO Tracts: Ana aEdell - As to the FRICO Tracts: n 5°A"Iy LT° 100%. 15% • 12.5% a 4)u4,4cA -.7 nrcPI AlE1 - 100% As to the subject lands EXCEPT the FRICO Tracts: 4RnAtiy-laq lc! ration 4 Pu f; NEP, 100% • • • October 13, 1992 Page 7 DIVISION OF INTEREST FOR DIVISION ORDER PURPOSES As to the W',SEI/a of Section 18 for production from surface to the base of the Codell formation: Based on the Freese acreage allocation referred to above, the NW'/4SE'/a of said Section 18 contains 39.85 acres. We have allocated 40 acres to the SWV4NEY, of said Section 18, for a total of 79.85 acres in the drilling and spacing unit. The Freese acreage allocation - allocates 1.87 acres for the FRICO tract as described in Comment 1 below. J.J. Wardell and Anna E. Wardell F atio Bob Hill . Marcus A. Degenhart D.K. Fowler Company Gerrity Oil & Gas Corpor ion 0.1_20726 LOR 0.0035128 LOR 0.0065040 ORR 0.0065040 ORR 0.0358015 ORR 0.0199061 WI 0.8056990 WI 1.0000000 Total As to the W'NWI/, of Section 19 for production from surface to the base of the Codell - formation: Based on the Freese acreage allocation referred to above, the W1 NW'/..of said Section 19 contains 79.85 acres. That part of the FRICO tract as described in Comment 1 below located in the WIiNW1/4 of said Section 19 contains 4.7 acres_ as shown on the Freese acreage allocation. - J.J. Wardell and Anna E. Wardell Bob Hill - Marcus A. Degenhart D.K. Fowler Company Gerrity Oil & Gas Corpor 0.1176425 LOR Y W� 0.0088291 LOR, 0.0062680 ORR - 0.0062680 ORR 0.0.45022 ORR .0.0500313 WI on 0.7764589 WI .1.0000000 Total As to the W!/-_SW'/a of Section 19 for production from surface to the base of the Codell formation: Based on the Freese acreage allocation referred to above, the SW/4SW/1 of said Section. 19 contains 39.80 acres. We have allocated 40 acres to the NW/SW'/ of said Section 19 for a total of 79.80 acres in the drilling and spacing unit. The Freese acreage allocation • • • October 13, 1992 Page 8 allocates .90 acres for that part of the FRICO tract as described in Comment 1 below located in the SW'/i5W1/.i of said Section 19. J.J. Wardell and Anna E. Wardell Bob Hill Marcus A. Degenhart D.K. Fowler Company Snyder Oil Corporation Gerrity Oil & Gas Corpo 0.1235902 LOR 0.0016917 LOR 0.0065849 ORR 0.0065849 ORR 0.0362465 ORR 0.0095865 WI 0.8157153 WI 1.0000000 Total As to the NEV.. EIASEVV1 of Section 18 and E1/2W1/2 of Section 19 for production from the surface to the base of the Codell formation: JJ. Wardell and Anna E. Wardell Bob Hill Marcus A Degenhart D.K. Fowler Company Gerrity Oil & Gas Corporation As to the Ei of Section 18 for production from the "J" Sand formation: 0.1250000 LOR 0.0066600 ORR 0.0066600 ORR 0.0366600 ORR 0.8250200 WI 1.0000000 Total Based on the Freese acreage allocation, the NW'SE' of said Section 18 contains 39.85 acres. We have allocated 40.00 acres for each additional quarter/quarter section located in said E1/2 of Section 18 for a total of 319.85 acres. The Freese acreage allocation allocated 1.87 acres for the FRICO tract as described in Comment 1 below. JJ. Wardell and Anna E. Wardell Bob Hill Marcus A. Degenhart D.K. Fowler Company �U9dt i Oil Corporatiou Gerrity Oil & Gas Corporn c,JarLiteP 0.1242692 LOR 0.0008770 LOR 0.0066211 ORR 0.0066211 ORR 0.0364457 ORR 0.0049695 WI 0.8201964 WI 1.0000000 Total October 13, 1992 Page 9 As to,the W'/ of Section 19 for production from the "J" Sand formation: Based on the Freese acreage allocations, the W'hNW' of Section 19 contains 79.85 acres and the SWl/,SWY of Section 19 contains 39.80 acres. We have allocated 40.00 acres for each additional quarter/quarter section located in said W'F- of Section 19 for a total of 319.65 acres. The Freese acreage allocation allocates 4.7 acres in the W'F1'YW'/. and .90 acres in the SW'¢5W/+ for the FRICO tract as described in Comment 1 below. J J. Wardell and Anna E. Wardell Bob Hill Marcus A. Degenhart DX Fowler Company CS -nee b "Gerrity Oil & Gas Corp ation 61944 0.1228101 LOR 0.0026279 LOR 0.0065433 ORR . 0.0065433 ORR 0.0360177 ORR .0148913 WI 0.8105664 WI o. 37-6 1577 1.0000000 Total I can express no opinion as to the following: railroad and/or other rights of way or claims not reflected by the title data examined, the existence of which may be determined by a physical inspection of the lands under search; possessory rights and discrepancies of survey or location that might be reflected by a physical examination of the lands: zoning or other enacted land use controls or restrictions; mechanic's liens and other statutory liens .not reflected by the data examined: bankruptcy and fraudulent conveyance laws and any other matters not disclosed by the title data examined. COMMENTS 1. The FRICO Tracts, referred to above, are three strips of land, one in the NE'/+SEV. of Section 18, above described, one in the W'/1NW'/ and one in the SWIASW1/4 of the subject Section 19. They are more particularly, described as follows: Section 18: A strip of land through, upon; over and across the SE'/a of Section 18. Township 3 North, Range 65 West, upon which to construct, maintain and operate an irrigation canal, said strip of land being 75 feet wide, extending 40 feet right and 35 feet left of the center line of the Speer Canal; said center line passing through the points of the following described traverse line, and not varying more than 8 feet from the lines connecting said points; said traverse line being described as follows, to -wit: Beginning at a point in the west line of the SE1/4 of said Section 18, 1900 feet north. of, the south quarter corner thereof, said point being designated Station 1420 + 05: • • i • October 13, 1992 Page 10 thence north 88° 59' east 95 feet to Station 1430 + 00; thence north 76° 03' east 100 feet to station 1431 + 00; thence north 40° 03' east 196 feet to station 1433 + 00; thence north 12° 59' east 299 feet to station 1436 + 00; thence north 22° 59' minutes west 100 feet to station 1437 + 00; thence north 51° 48' west 294.2 feet to station 1440, a point in the north line of the SE1/4 of said Section 18, 2525 feet west of the east quarter corner thereof, containing 127 acres. Section 19: A strip of land through, over, upon and across Section nineteen (19), Township three (3) North, Range sixty-five (65) West; said strip of land being 75 feet wide, extending 40 feet right and 35 feet left of the center line of The Speer Canal; said center line being more particularly described as follows, to -wit BEGINNING at a point on the south line of section nineteen 251 feet east of the southwest corner thereof, said point being designated as station 1275-+ 90; thence by a 10° 40' curve left 60 ft. from a tangent bearing north 11° 06' west to station 1276 + 50 P.T.; thence north 17°30' west 100 feet to station 1277 + 50 P.C.; thence by a 09° 36' curve left 250 feet to station 1280 + 00 P.C.C.; thence by a 12° curve left 110 feet to station 1281 + 10, a point on the west line of said section 19, 440 feet, more or less, north of the southwest corner thereof; and -BEGINNING at a point on the west line of section 19, 1805 feet, more or less, south of the northwest corner thereof, said point being designated as station 1341 + 55; thence north 65° 52' east 45 feet to station 1342 + 00 P.C.; thence by a 15° 12' curve left 350 feet to station 1345 + 50 P.T.; thence north 12° 04' east 250 feet to station 1347 + 00 P.C.; thence by a 35° curve right 260 feet to station 1349 + 60 P.R.C.; thence by a 23° 12' curve left 316 feet to station 1352 + 76 P.C.C.; thence by a 11° 30' curve Ieft 124 feet to station 1354 + 00 P.T.; thence north 16° 05' east 200 feet to station 1356 + 00 P.C.; thence by a 15° 20' curve left 250 feet to station 1358 + 50 P.C.C.; thence by a 11° 26' curve left 300 feet to station 1361 + 50 P.T.; thence 'north 56° 33' west 636 feet to station 1367 + 86, a point on the north line of section 19, 131 feet east of the northwest corner thereof. Containing five and 44/100 (5.44) acres, more or less. Freese Engineering has plotted the FRICO tracts and has prepared acreage , allocations for the affected lands. These acreage allocations are as follows: Section 18 NE'/.SE'/a, 39.85 acres -- FRICO Tract 1.87 acres Section 19 W'/NWE, 79.85 acres -- FRICO Tract 4.7 acres Section 19 SW'/SSW'/4 39.80 acres -- FRICO Tract .9 acres • • • • October 13, 1992 Page 11 All acreage figures for quarter/quarter sections not affected by FRICO Tract and not included in the Freese acreage allocations, are considered for the purposes for the purposes of this opinion to be standard 40.00 acre tracts. 2- All other Comments in the June 1, 1992, Opinion prepared by Jeffrey Fiske remain the same. REQUIREMENTS - 1. Requirement remains the same as stated in the Drilling and Division Order Title Opinion prepared by Jeffrey R. Fiske dated June 1, 1992. 2. Requirement remains the same as stated in the Drilling and Division Order Title Opinion prepared by Jeffrey R Fiske dated June 1, 1992. 3. Requirement remains the same as stated in the Drilling and Division Order Title Opinion prepared by Jeffrey R. Fiske dated June 1, 1992, except the allocation as shown in the Division of Interest for Division Order Purposes in this Supplemental Drilling and Division Order Title Opinion should be used. 4. We have been provided with a photocopy of a Certificate,of Name Change dated January 8, 1988, changing the corporate title of Panhandle Western Gas Company to APX Western Corporation and a photocopy of Certificate of Ownership and Merger dated December 2, 1991, merging APX Western Corporation into Anadarko Petroleum Corporation. I have also examined a copy of the Assignment and Bill of Sale from Anadarko Petroleum Corporation to Gerrity Oil & Gas Corporation dated June 1, 1992, recorded in the records of Weld County, Colorado in Book 1338, Reception No. 2290291. There are no reservations of an overriding royalty in any of these transactions. REQUIREMENT: The Certificate of Name Change from Panhandle Western Gas Company to APX Western Corporation and Certificate of Ownership and Merger merging APX Western Corporation into Anadarko Petroleum Corporation should be placed of record in Weld County, Colorado. 5. Requirement remains the same as stated in the Drilling and Division Order Title Opinion prepared by Jeffrey R. Fiske dated June 1, 1992. 6_ In connection with Requirement 6 of Mr. Fiske's June 1, 1992, Drilling and Division Order Title Opinion, we have been provided an acreage allocation prepared by Jasper Freese, Registered Professional Engineer and Land Surveyor, of Freese Engineering, on which Mr. Freese has plotted the Section 19 acreage described in the Warranty. Deed to FRICO recorded in Book 327, Page 38 of the Weld County, Colorado. records. The • October 13, 1992 Page 12 5.44 -acre parcel described in the referenced deed does include lands in the W' iNW1/. and the SWV4SW/. of Section 19, and according Mr. Freese's calculations, contains 5.6 acres, more or less. REQUIREMENT: You should obtain a corrective lease or other form of clarification in order to determine whether Lease C is limited to the WIANWV4 of Section 19 or includes all lands described in Section 19. The Division of Interests for Division Order Purposes assumes that all lands described in Section 19 are included. If this is not the case, please advise so that division of interest tabulations can be recalculated. 7. Requirement remains the same as stated in the Drilling and Division Order Title Opinion prepared by Jeffrey R. Fiske dated June 1, 1992. • 8. Requirement remains the same as stated in the Drilling and Division Order Title Opinion prepared by Jeffrey R. Fiske dated June 1, 1992. CONCLUSION Upon satisfaction of the requirement set forth above and subject to the comments set forth herein, title to the tabulated lease and lands under search should be adequate to support drilling operations and for division order purposes as of May 7, 1992, at 7:00 a_m. Very truly yours, GERRITY OIL & GAS CORPORATION Keith M. Crouch • Attorney at Law KMC/slm LUucrs ryllwmkekaaa&[9.opn Delaware Ohe First State PAGE 1 I, HARRIET SMITH WINDSOR, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF OWNERSHIP, WHICH MERGES: opmeausemCORPORATION", A DELAWARE CORPORATION, WITH AND INTO " PRODUCTION, INC." UNDER THE NAME OF "NOBLE ENERGY PRODUCTION, INC.", A. CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF DELAWARE, AS RECEIVED AND FILED IN THIS OFFICE THE TWENTY-EIGHTH DAY OF AUGUST, A.D. 2007, AT 11:42 O'CLOCK A.M. AND I DO HEREBY FURTHER CERTIFY THAT THE EFFECTIVE DATE OF THE AFORESAID CERTIFICATE OF OWNERSHIP IS THE FIRST DAY OF SEPTEMBER, A.D. 2007, AT 1202 O'CLOCK .A.M. A FILED COPY OF THIS CERTIFICATE HAS BEEN FORWARDED TO THE NEW CASTLE COUNTY RECORDER OF DEEDS. 3897024 8100M 070962965 Harriet Smitt, Windsor, Sotrerary or State AUTHENTICATION: 5961096 DATE: 08-28-07 col State of Delaware Office of the Secretary of State PAGE 1 Ir EDWARD. U-. FREEL, SECRETARY OF STATE OF THE STATE OP DELAWARE, DO HEREBY CERTIFY THE ATTACHED. IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF OWNERSHIP, WHICH MERGES:. •.N. (, AI& CORPORATION"r•• K„ 41ELAiARE CORPORATION, aim i ,'i Y4zNi' •,�Y WITH anDintoravenitmen:'' dA4 toRsgaA'AXQN" UNDER THE NAME OF "PATINA DUL:. E GAS CORPORATION", A 'O6,RPbRATI09 ORGANIZED AND EXISTING UNDER 'THE LAWS OF THE. STATE OF DELAWARE,. AS RECEIVED AND FILED IN. THIS OFFICE THE •TWENTY-SIXTH DAY OF MARCH, A. D. 1997, AT 4:30 O',CLOCR'P.N. • 2544079 8-1602 P-89 04/22/1997 11:51A PG 1 OF 4 EEC DOG Weld County- CO' JA' Suki Tsukanoto Clerk Al Recorder 21.00 2582358 B100H 971106058 8400679 Edward J. Fred, Secretary of State AUTHENTICATION: DATE: 04-01-97 • • D•J Basin ASSIGNMENT, BILL OF SALE AND MINERAL DEED 2489237 B-1545 P-1051 05/03/96 02:53P PG 1 OF 206 BBC DOC Weld County CO Clerk & Recorder 1031.00 THIS Assignment, Bill of Sale and Mineral Deed (this "Assignment") is made between Snydetoall'Corporation, 1625 Broadway, Suite 2200, Denver, CO 80202 ("Snyder") and & Gas Corporation, 1625 Broadway, Suite 2200, Denver, CO 80202 (`Patina") and betweenletta. andailfAttelWattenberg Corporation, 1625 Broadway, Suite 2200, Denver, CO 80202 ("SWAT"). WHEREAS, Snyder desires to assign, convey and deliver to Patina, and Patina desires to acquire, certain oil and gas properties and related interests hereinafter described and, immediately thereafter, Patina desires to assign, convey and deliver to SWAT, and SWAT desires to acquire, all of the oil and gas properties and related interests that Patina acgtlitsfrom Snyder hereunder. NOW, THEREFORE, Snyder and Patina and Patina and SWAT hereby agree as follows: Article I. For and in consideration of $100.00 paid by Patina and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by Snyder, subject to the terms and conditions hereof, Snyder hereby grants, transfers, assigns and conveys to Patina the following interests LESS AND EXCEPT the Excluded Interests, as hereinafter defined (the "Interests"): (a) gag Gas Insp . All of Snyder's right, title and interest in and td all (i) oil, gas and mineral len 's described in Exhibit A attached hereto and the leasehold estates created thereby (including all working interests, carried working interests, operating rights, record title interests, overriding royalties, production payments and all other interests under or in such oil, gas or mineral leases) and (ii) mineral interests and royalty interests described in Exhibit B attached hereto (all of such interests are hereinafter referred to collectively as "Leases"); (b) Units. All of Snyder's right, title and interest in and to all pools and units including all or part of any Lease (the "Units"); (c) Contract Right. All of Snyder's right, title and interest in or derived from existing and effective oil, liquids, condensate, casinghead gas and gas sales, purchase, exchange, gathering, transportation and processing contracts, operating agreements, balancing agreements, unitization agreements, pooling agreements, communication agreements, farrnout agreements and other contracts and agreements insofar as such contracts and agreements relate primarily to any of the Leases or Units, including without limitation those contracts and agreements described in Exhibit C attached hereto (the "Contracts"); (d) Easements. All of Snyder's right, title and interest in and to all rights -of -way, easements and franchises and surface leases and other surface rights used primarily in connection with Leases or Units; (e) Permits. To the extent assignable, all of Snyder's right, title and interest in permits and licenses of any nature owned, held or operated in connection with operations for the exploration and production of oil, gas or other minerals to the extent the same are primarily used in connection with any of the Leases or Units; (t) Wells. All of Snyder's right, title and interest in producing, non -producing and shut- in oil and gas wells, saltwater disposal wells and water wells, located upon or used primarily in connection with the Leases or Units; (g) Equipment. All of Snyder's right, title and interest in all surface equipment, down - hole equipment, injection facilities, saltwater disposal facilities, compression facilities, gathering systems, pipelines, buildings, vehicles, automotive equipment and other personal property used primarily in connection with the Leases or Units; • • 2489237 B-1545 P-1051 05/03/96 02:53P PG 2 OF 206 (h) Records. To the extent transferable without the payment of a fee, the files, records and data (other than personnel records and seismic data and records) relating exclusively to the interests described in subparagraphs (a) through (g) above, including without limitation books of account, general, financial and accounting records, applications, feasibility studies, lease files, land files, well files, gas, oil and other hydrocarbon sales contract files, gas processing files, division order files, ad valorem and severance tax records, abstracts, title opinions, electric logs, authority for expenditures, geological and other scientific data and all other information of every type related exclusively to the interests described in subparagraphs (a) through (g) above; and (i) RemginiugJntetesta. All of Snyder's right, title and interest in and to all oil and gas leases, mineral interests, royalties, overriding royalties, subleases, fee estates, farmins, farmouts, joint ventures and leaseholds, net profits interests, carried interests, and other properties and interests and oil and gas wells owned by Snyder and on which Snyder conducts oil and/or gas exploration, development or production operations, has the right to conduct such operations, or from which Snyder derives or derived revenue from oil and/or gas exploration, development or production operations, together with all rights to acquire any of the foregoing, located in Townships 2 South to 7 North, Ranges 62 to 69 West, Adams, Boulder, Larimer and Weld Counties, Colorado, whether or not the same are specifically described in Exhibit A or Exhibit B, it being the intent of Snyder to assign and deliver and Patina to receive all of Snyder's oil and gas properties and interests located in Townships 2 South to 7 North, Ranges 62 to 69 West, Adams, Boulder, Larimer and Weld Counties, Colorado, whether or not described in Exhibit A or Exhibit B. SAVE AND EXCEPT, and Snyder hereby retains ell of its right, title and interest in and to, the properties, rights and interests described in Exhibit D hereto (the "Excluded Interests"). The fact that some types of properties or interests are included in more than one of the foregoing subparagraphs (a), (b), (c), (d), (e), (f), (g) (h) and (i) is not intended in any way to limit the effect of the more general descriptions nor to effect multiple assignments of the same item of property. TO HAVE AND TO HOLD the Interests unto Patina, its successors and assigns, forever, subject to the terms and conditions hereof. Article II. Effective immediately following the assignment by Snyder to Patina as set forth under Article I above, for and in consideration of $100.00 paid by SWAT and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by Patina, subject to the terms and conditions hereof, Patina hereby grants, transfers, assigns and conveys to SWAT all of the Interests acquired by it from Snyder pursuant to Article I above. TO HAVE AND TO HOLD the Interests unto SWAT, its successors and assigns, forever, subject to the terms and conditions hereof. Article III. 3.1 Disclaimers, The Interests are hereby assigned by Snyder to Patina and by Patina to SWAT without recourse, covenant or warranty of title of any kind, express, implied or statutory. Any covenants or warranties implied by statute or law by the use herein of the words "grant", "convey'. or other similar words are hereby expressly restrained, disclaimed, waived and negated by the assigning parties hereunder. WITHOUT LIMITING THE GENERALITY OF THE TWO PRECEDING SENTENCES, THE PARTIES ACKNOWLEDGE THAT THE ASSIGNING PARTY HAS NOT MADE, AND THE ASSIGNING PARTY HEREBY EXPRESSLY DISCLAIMS AND NEGATES, ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED, Af COMMON LAW, BY STATUTE OR OTHERWISE RELATING TO (a) PRODUC- TION RATES, RECOMPLETION OPPORTUNITIES, DECLINE RATES, GAS BALANCING INFORMATION OR THE QUALITY, QUANTITY OR VOLUME OF THE RESERVES OF HYDROCARBONS, IF ANY, ATTRIBUTABLE TO THE INTERESTS, (b) THE ACCURACY, COMPLETENESS OR MATERIALITY OF ANY INFORMATION, DATA OR OTHER • • 2489237 B-1545 P-1051 05/03/96 02:53P PG 3 OF 206 MATERIALS (WRITTEN OR ORAL) NOW, HERETOFORE OR HEREAFTER FURNISHED TO THE OTHER PARTIES BY OR ON BEHALF OF THE ASSIGNING PARTY, (c) THE ENVIRONMENTAL CONDITION OF THE INTERESTS, (d) ANY IMPLIED OR EXPRESS WARRANTY OF MERCHANTABILITY, (e) ANY IMPLIED OR. EXPRESS WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, (f) ANY IMPLIED OR EXPRESS WARRANTY OF CONFORMITY TO MODELS OR SAMPLES OF MATERIALS, AND (g) ANY AND ALL IMPLIED WARRANTIES EXISTING UNDER APPLICABLE LAW; IT BEING THE EXPRESS INTENTION OF ALL PARTIES HERETO THAT THE INTERESTS ARE ASSIGNED IN THEIR PRESENT CONDITION AND STATE OF REPAIR, "AS IS" AND "WHERE IS" WITH ALL FAULTS. THE PARTIES AGREE THAT, TO THE EXTENT REQUIRED BY APPLICABLE LAW TO BE EFFECTIVE, THE DISCLAIMERS OF CERTAIN WARRANTIES CONTAINED IN THIS SECTION ARE "CONSPICUOUS" DISCLAIMERS FOR. THE PURPOSES OF ANY APPLICABLE LAW, RULE OR ORDER. Notwithstanding anything herein to the contrary, the foregoing disclaimers shall not waive the rights and remedies, if any, of any party to that certain Amended and Restated Agreement and Plan of Merger (the "Merger Agreement") by and among Snyder, Patina, Patina Merger Corporation and Gerrity Oil & Gas Corporation ("Gerrity"), dated as of January 16, 1996 and as amended and restated as of March 20, 1996, with respect to the representations and warranties made by the parties hereto to Gerrity in the Merger Agreement, it being acknowledged that the representations and warranties of the parties contained in the Merger Agreement do not survive the Closing (as defined in the Merger Agreement), which Closing is occurring simultaneously with the execution and delivery hereof in the order set forth in the Merger Agreement 3.2 , .pbrogtttion. Snyder hereby transfers and assigns unto Patina all of its rights under and by virtue of all covenants and warranties pertaining to the Interests, express or implied (including, without limitation, title warranties and manufacturers', suppliers' and contractors' warranties), that have heretofore been made by any of Snyder's predecessors in title, or by any third party manufacturers, suppliers and contractors (the "Prior Covenants and Warranties"). Effective immediately following the assignment in the preceding sentence, Patina hereby transfers and assigns unto SWAT all Prior Covenants and Warranties acquired by Patina from Snyder pursuant to this Section 3.2. This Assignment is made with full substitution and subrogation of Patina and SWAT, and their respective successors and assigns, in and to and under and by virtue of the Prior Covenants and Warranties and with full subrogation to all rights accruing under the statutes of limitation, prescription and repose under the laws of the applicable jurisdictions in relation to the Interests and all cal ices of action, rights of action or warranty of Snyder against all former owners of the Interests. 3.3 Assumption. Subject to that certain Cross -Indemnification Agreement of even date herewith between Snyder and Patina, effective upon the assignment of the Interests from Snyder to Patina, Patina expressly assumes all of Snyder's obligations relating to the Contracts, but only insofar as same arise and are attributable to periods of time from and after such assignment. Effective upon the assignment of the Interests from Patina to SWAT, SWAT expressly assumes all of Patina's obligations relating to the Contracts, but only insofar as same arise and are attributable to periods of time from and after such assignment. 3.4 Prescribed Forms and Further Assurances. It is understood and agreed between the parties that the execution of additional assignments of certain individual Leases herein described may be required on approved governmental forms to facilitate approval of this transaction by governmental agencies. If any of the parties hereto shall consider or be advised that any deeds, bills of sale, assignments or assurances or any other acts or things are necessary, desirable or proper to vest, perfect or confirm, of record or otherwise, ultimately in SWAT, Snyder's right, title or interest in, to or under any of the rights, privileges, powers, franchises, properties or assets included in the Interests, Snyder or Patina, as applicable, shall execute and deliver all such deeds, bills of sale, assignments and assurances and do all such other acts and things necessary, desirable or proper to vest, perfect or confirm SWAT's right, title or interest in, to or under arty of the rights, privileges, powers, franchises, properties or assets included in the Interests. 3.5 Approval. This Assignment, insofar as it affects any interest in Leases the transfer of which must be approved by any governmental entity or agency, is made and accepted subject to the approval of the appropriate governmental entity or agency and to the terms of such approval, if and to the extent requited by law. 3.6 Counterparts. This Assignment may be executed in any number of counterparts, and each counterpart hereof shall be deemed to be an original instrument, but all such counterparts together shall constitute but one assignment. 3.7 Successors and Assigns. The provisions of this Assignment shall be binding upon the parties hereto and their respective successors and assigns. 3.8 Recording. To facilitate recording or filing of this Assignment, the counterpart to be recorded in a given county may contain only that portion of the exhibits that describes interests located in that county. Each ofthe parties hereto has retained a counterpart of this Assignment with complete exhibits. 3.9 Exhibits. Reference is made to all Exhibits attached hereto and made a part hereof for all purposes. References in such Exhibit to instruments on file in the public records are made a part hereof for all purposes. This Assignment is executed on this the 2nd day of May, 1996. SNYDER OIL CORPORATION r. n '1, r, r- i�TTES ri 47.1 hST: _ : I (I) etlipt.itirrenz:n, Secretary STATE OF TEXAS COUNTY OF HARRIS , Assistant Secretary § ss. B renzen, Vice President PATINA OIL & GAS CORPORATION By: Rodney L. Waller, Vice President SOCO WATTENBERG CORPORATION By: Rodney L. Wailer, President The foregoing instrument was acknowledged before me this 2nd day of May, 1996, by Peter E. Lorenzen, Vice President of Snyder Oil Corporation, or} behalf of such corporation. ROBIN FREDRICKS0N Notary Pettc, State of texas My Comi,Ission Epxlres 97/13/96 rC.uut _, d'U..L^.(. Notary Public 2489237 B-1545 P-1051 05/03/96 02:53P PG 4 OF 206 a FARF0B3nSNY560 ASSIQODUP STATE OF TEXAS COUNTY OF HARRIS §ss. § The foregoing instrument was acknowledged before me this 2nd day of May, 1996, by Rodney L. Waller, Vice President of Patina Oil & Gas Corporation, on behalf of such corporation. STATE OF TEXAS COUNTY OF HARRIS § ss. § Notary Public The foregoing instrument was acknowledged before me this 2nd day of May, 1996, by Rodney L. Waller, President of SOCO Wattenberg C9rpomGon, on behalf of such corporation. i ? -t' �1 Public 2489237 B-1545 P-1051 05/03/96 02:53P PG 5 OF 206 1111111i11i 101111111111111 1111111 III 1111111111111 3527896 01107/2008 04:54P Weld County. Co 1 of 4 R 21.00 0 0.00 Steve Moreno Clerk & Recorder 696 Delaware the First State PAGE .1 I, HARRIET SMITH WINDSOR, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF OWNERSHIP, WHICH MERGES: MegO WATTENBERG CORPORATION", A DELAWARE CORPORATION, WITH AND INTO "NOBBB6wENERGYFRODUCTION, INC." UNDER THE NAME OF ^NOR7GY PRODUCTION, INC.", A CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF DELAWARE, AS RECEIVED AND FILED IN THIS OFFICE THE TWENTY-EIGHTH DAY OF AUGUST, A.D. 2007, AT 11:45 O'CLOCK A.M. AND I DO HEREBY bURTAER CERTIFY THAT THE Erk CTIVE DATE OF THE AFORESAID CERTIFICATE OF OWNERSHIP IS THE FIRST DAY OF SEPTEMBER, A.D. 2007, AT 12:02 O'CLOCK A.M. 2257607 8100M 071069253 Harriet Smith Windsor, Secretary of State AUTHENTICATION: 6038617 DATE: 10-01-07 11111111111111111111111 III I1i11111111 l 1111111111111 3527697 01/07/2008 04:54P Weld County, CO 1 of 4 R 21.00 b 0.00 S[eve Moreno Clerk & Recorder 697 sip Delaware ZTie First State PAGE 1 I, HARRIET SMITH WINDSOR, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF OWNERSHIP, WHICH MERGES: "NOBY PRODUCTION, INC.", A DELAWARE CORPORATION, WITH AND INTO Ispangtqw5." UNDER THE NAME OF "NOBLE ENERGY, INC.", A CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF DELAWARE, AS RECEIVED AND FILED IN THIS OFFICE THE TWENTY-THIRD DAY OF AUGUST, A.D. 2007, AT 11:47 O'CLOCK A.M. AND I DO HEREBY FURTHER CERTIFY THAT THE EFFECTIVE DATE OF THE AFORESAID CERTIFICATE OF OWNERSHIP IS THE SECOND DAY OF SEPTEMBER, A.D. 2007, AT 12:03 O'CLOCK A.M. 3897024 B1OOM 071074471 Harriet Smith Windsor, Secretary of State AUTHENTICATION: 6042261 DATE: 10-02-07 Case #: USR-1700 Name: Roy Wardell c/o Noble Energy Proposed Project: USR for communication tower in the Agricultural Zone District Location: South of and adjacent to CR 32 and approximately 'A mile west of CR 39 Planner: Jacqueline Hatch PC Hearing Date: July 7, 2009 at 1:30 pm WI' we COLORADO COLORADO Weld County Planning Services 4209 CR 24.5 Longmont CO 80504 (720) 652-4210 ext. 8730 Application Review Notification Card This is to notify you that the project listed on the other side of this card is within five -hundred (500) feet of your property. Please note the Public Hearing Dates for the Weld County Planning Commission (PC) and Board of County Commissioners (BOCC) on the other side of this card as well. If you would like more information regarding this proposal and the conditions that must be met, the file is public information and is available for review at our office. You may also view the file online at www.co.weld.co.us/departments/planning/Planning/plan current by selecting the case number. Comments or objections related to the request should be submitted in writing to the Southwest Weld County Department of Planning Services, 4209 CR 24.5, Longmont CO 80504, on or before the date of public hearing. For your convenience, we have posted the agenda on our web page SURROUNDING PROPERTY OWNERS USR-1700 SURFACE ESTATE LAND OWNERS BUTTERBALL LLC 450 N FRONT ST PLATTEVILLE CO 80651 CAMP MRJ HOLDINGS LLLP C/O MELVIN CAMP PO BOX 127 PLATTEVILLE CO 80651 ORRIE CLEMENS 5030 SNOW MESA DR FT COLLINS CO 80528 ROBERT CRUICKSHANK 1024 CIMMARON DR LOVELAND CO 80537 HIGH PLAINS DISPOSAL INC PO BOX 3261 LUFKIN TX 75901 HOME AGAIN LLC C/O JOHN CEVETTE 13939 CR 39 PLATTEVILLE CO 80651 KERR-MCGEE GATHERING LLC C/O TRAVIS HOLLAND PROPERTY TAX PO BOX 173779 DENVER CO 80217-3779 ROY WARDELL 16512 ESSEX RD N PLATTEVILLE CO 80651 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners in accordance with the notification requirements of Weld County in Case Number USR-1700 in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list this 22nd day of May, 2009. Dated the 22nd day of May, 2009. 61.66711— J 126e�1� Kristine Ranslem Recording Secretary for Planning Commission Case #: USR-1700 Name: Roy Wardell do Noble Energy Proposed Project: USR for communication tower in the Agricultural Zone District Location: South of and adjacent to CR 32 and approximately 1/2 mile west of CR 39Planner: Jacqueline Hatch PC Hearing Date: July 7, 2009 at 1:30 pm NIXIE: Weld County Q�O 280 Ci 3'1 I Se qq7// X4.5 �"' ze;:=�� Along LTor1"bfet 4 , COLORADO (720) 652-4210 ext. 8730 „C\RAC Anew IIC 002 4E 1 40 05/26/09 RETURN NO MAIL UNABLE TO SENDER RECEPTACLE TO FORWARD BC: 00504527399 x09.^20 --O3720-22--41 II LII, „i i,II ,I I;I,i,;,Lii„ I„ILLI„I I, I,J I Case #: USR-1700 Name: Roy Wardell do Noble Energy Proposed Project: USR for communication tower in the Agricultural Zone District Location: South of and adjacent to CR 32 and approximately Y mile west of CR 39 Planner: Jacqueline Hatch /�1�� \ Weld County G• l l Planning Services 4W�■�� Longmont CO5 80504 COLORADO (720) 652-4210 ext. 8730 Application Review Notification Card This is to notify you that the project listed on the other side of this card is within five - hundred (500) feet of your property. You will be notified of any future meetings regarding the proposed project on this property. If you would like more information regarding this proposal and the conditions that must be met, the file is public information and is available for review at our office. Comments or objections related to the request should be submitted in writing to the Southwest Weld County Department of Planning Services, 4209 CR 24.5, Longmont, CO 80504. SURROUNDING PROPERTY OWNERS USR-1700 SURFACE ESTATE LAND OWNERS BUTTERBALL LLC 450 N FRONT ST PLATTEVILLE CO 80651 CAMP MRJ HOLDINGS LLLP C/O MELVIN CAMP PO BOX 127 PLATTEVILLE CO 80651 ORRIE CLEMENS 5030 SNOW MESA DR FT COLLINS CO 80528 ROBERT CRUICKSHANK 1024 CIMMARON DR LOVELAND CO 80537 HIGH PLAINS DISPOSAL INC PO BOX 3261 LUFKIN TX 75901 HOME AGAIN LLC C/O JOHN CEVETTE 13939 CR 39 PLATTEVILLE CO 80651 KERR-MCGEE GATHERING LLC C/O TRAVIS HOLLAND PROPERTY TAX PO BOX 173779 DENVER CO 80217-3779 ROY WARDELL 16512 ESSEX RD N PLATTEVILLE CO 80651 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners in accordance with the notification requirements of Weld County in Case Number USR-1700 in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list this 17`" day of April, 2009. Dated the 17th day of April, 2009. Kristine Ranslem Recording Secretary for Planning Commission AFFIDAVIT OF INTERESTED LAND OWNER •• AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE Subject Parcel: 121319000003 THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled from the records of the Weld County Assessor was assembled within thirty days of the application's submission date. Va�.I�—GEC Signature WancIA 2- .12-00 Date Property Owners Within 500 ft. of Parcel# 121319000003 NAME MAILING ADDRESS PARCEL IDENTIFICATION # BUTTERBALL LLC 450 N FRONT ST PLATTEVILLE,CO 80651 121319000015 CAMP MRJ HOLDINGS LLLP 1/2 INT & Additional Owners: C/O MELVIN J CAMP PO BOX 127 PLATTEVILLE,CO 80651 121330000001 NELSON PHYLLIS EDITH CAMP 1/2 INT CAMP MRJ HOLDINGS LLLP 1/2 INT & Additional Owners: C/O MELVIN J CAMP PO BOX 127 PLATTEVILLE,CO 80651 121125000006 NELSON PHYLLIS EDITH CAMP 1/2 INT CLEMENS ORRIE G & Additional Owners: 5030 SNOW MESA DR FORT COLLINS,CO 80528 121124100033 CLEMENS THERESE L http://maps2.mertick.com/website/weld/sctsgl.asp (I of 2)3/27/2009 9:58:09 AM �tta• AFFIDAVIT OF INTERESTED LAND OWNER. CRUICKSHANK ROBERT V & Additional Owners: 1024 CIMMARON DR LOVELAND,CO 80537 121124100034 CRUICKSHANK DORIS I & CRUICKSHANK JAYMIE R TIIGH PLAINS DISPOSAL INC P O BOX 3261 LUFKIN,TX 75901 121124100032 HOME AGAIN LLC & Additional Owners: C/O JOHN N CEVETTE 13939 COUNTY RD 39 PLATTEVILLE,CO 80651 121330000012 CEVETTE JOHN N KERR-MCGEE GATHERING LLC C/O TRAVIS HOLLAND- PROPERTY TAX P O BOX 173779 DENVER,CO 80217-3779 121113400002 WARDELL ROY T 16512 ESSEXRDN PLATTEVILLE,CO 80651 121318000002 WARDELL ROY T 16512 ESSEX RDN PLATTEVILLE,CO 80651 121318000012 http://maps2.meaick.com/website/weld/setsgl.asp (2 of 2)3/27/2009 9:58:09 AM is •i Exhibit "A" Attached to and made a part of that certain Affidavit of Interest Owners Minerals and/or Subsurface dated March 5, 2009, covering T3N-R65W, Sec. 15: NW/4NW/4 Wardell Family LTD., LLLP Roy T. Wardell 16512 Essex Rd. N Platteville, CO 80651 Noble Energy, Inc. 1625 Broadway Suite 2200 Denver, CO 80202 ["nj TETRA • ITECH May 26, 2009 Wardell Family LTD., LLLP Roy T. Wardell 16512 Essex Rd. N Platteville, CO 80651 To Whom It May Concern: Weld County Planning Deparlmelti GREELEY OFFICE MAY 7.7 71109 RECEIVED This letter is to inform you that Roy Wardell and Noble Energy have filed for a Site Specific Development and Use by Special Review (USR) and a Subdivision Exemption with Weld County for the property described below. The application is for a Communication Tower Facility for Noble Energy, located on the Wardell property. Records indicate that you may have a mineral interest in the property. Enclosed is a map and copy of the USR plat. The Planning Commission hearing is scheduled for July 7, 2009, at 1:30 p.m. The hearing will be held at the Greeley Planning Department Office located at 918 10th Street, Greeley, Colorado. Legal Description: A tract of land located in the Northwest '/n of the Northwest Y< of Section 19, Township 3 North, Range 65West of the Sixth Principal Meridian, Weld County, Colorado. The property is located southeast of the intersection of Weld County Road 32 and Weld County Road 37. If you have any questions, please call Tetra Tech at (303) 772-5282. We will be representing Noble Energy throughout the application process. Sincerely, Julie A. Cozad LL -7)-) Land Planning Manager cc: Weld County Planning Department Enclosure P:\35719\133-35719-09002\ProjMgmt\Correspondence\Letters\Mineral owner notification of hearingWardell052609.doc TETRA TECH May 26, 2009 Noble Energy, Inc. 1625 Broadway, Suite 2200 Denver, CO 80202 To Whom It May Concern: This letter is to inform you that Roy Wardell and Noble Energy have filed for a Site Specific Development and Use by Special Review (USR) and a Subdivision Exemption with Weld County for the property described below. The application is for a Communication Tower Facility for Noble Energy, located on the Wardell property. Records indicate that you may have a mineral interest in the property. Enclosed is a map and copy of the USR plat. The Planning Commission hearing is scheduled for July 7, 2009, at 1:30 p.m. The hearing will be held at the Greeley Planning Department Office located at 918 10th Street, Greeley, Colorado. Legal Description: A tract of land located in the Northwest Ya of the Northwest '/a of Section 19, Township 3 North, Range 65 West of the Sixth Principal Meridian, Weld County, Colorado. The property is located southeast of the intersection of Weld County Road 32 and Weld County Road 37. If you have any questions, please call Tetra Tech at (303) 772-5282. We will be representing Noble Energy throughout the application process. Sincerely, Julie A. Cozad Land Planning Manager cc: Weld County Planning Department Enclosure 9IDU S „set SU Pet.S.; to -f L gn cn_. LO 80501 P:\35719\133-35719-09002\ProjMgmt\Correspondence\Letters\Mineral owner notification of hearing052609.doc MIL VU I 3 I LL O r ai E .; F 4 i 9 1 laji7 11 a1 u1I a • Mel. W YMNYl1n MY Rd WWoIean1 Wu MS I,4.000.0.6a 1M1i4ftlMt. PWI° IMOW° IOMY.+I1Y.rtr I • Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. FuSide Add to A Signature X 2. Article Number (Transfer from service label) -7 O o B. Received by (Printed Name) ❑ Agent O Addressee C. Date of Delivery D. Is delivery address different from item 1? O Yes If YES, enter delivery address below: ❑ No 3. Service Type XrCertifmd Mail ❑ Registered O Insured Mail ❑ Express Mail p--Retum Receipt for Merchandise O C.O.D. 4. Restricted Delivery? (Extra Fee) p O'7so Pooa lso3 9.0, PS Form 3811, February 2004 Domestic Return Receipt 7004 0750 0003 1525 9066 ..D .n CI .n D'D Ir D- ul u1 ru w inI ul rRi r9 m m �'D a II D D D Dlo ul u1 O r` D O s D D D D t` P- 102595 -02-M-1540 U.S. Postal ServiceTM CERTIFIED MAIL.., RECEIPT (Domestic Mail Only; No Insurance Coverage Provide• OFFICIAL USE Certified Fee Return Redept Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees gAitte° 7:b0 o/Po�e�.No. orry "C 14t. V 1 �I e r W C� �k�1 :,, rr Postmark Hem 1. . ' os a er.vice.M • co co a D u1 ru to r9 m 0 0 0 0 tr1 0 S O O cc V ■ Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery Is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the frontifspace permits. 1525 9080 Postage m m 0 0 certified Fee 0 0 0 0 Return Reciept Fee (Endorsement Required) 7004 0750 1525 9080 �RTIFIED MAIL, RECEIPT -,_amestic Mall Only; No Insurance Coverage Pr 0 Restricted Delivery Fee (Endorsement Required) N O 1. Article Addressed to: 7c' lJ"'`--s-t AC_'' -1 are.2e Total Postage & Fees Sent To Post Hr SQ A. Signature X ❑ Agent ❑ Addressee C. Date of Delivery D. Is delivery address different from Item 1? O Yes If YES, enter delivery address below: O No 2. Article Number -'7/� , / �7 ,�yy� (� p� (fianshr lrom service labeO 04 07679 `7 9 ([ 1 23 7 go (: ? PS Form 3811, February 2004 Domestic Retum Receipt 10259`-02-M-1540 3. Service Type testified Mail ❑ Registered ❑ Insured Mall ❑ Express Mall I=Retum Receipt for Merchandise ❑ C.O.D. • • CTLITHOMPSON I N C GEOTECHNICAL INVESTIGATION WARDELL TOWER SOUTHEAST OF WCR 32 AND WCR 37 WELD COUNTY, COLORADO Prepared For: LT ENVIRONMENTAL, INC. 4600 West 60th Avenue Arvada, Colorado 80003 Attention: Mr. Brian Dodek Project No. DN44,179-125 February 28, 2009 1971 West 12th Avenue I Denver, Colorado 80204 I Telephone: 303-825-0777 Fax: 303-825-4252 TABLE OF CONTENTS SCOPE 1 SUMMARY OF FINDINGS AND CONCLUSIONS 1 SITE CONDITIONS 2 PROPOSED CONSTRUCTION 2 INVESTIGATION 3 SUBSURFACE CONDITIONS 3 Resistivity 4 Seismicity 5 SITE DEVELOPMENT 5 FOUNDATIONS 6 Guy Anchors 6 Tower (Drilled Piers Bottomed in Bedrock) 7 Laterally Loaded Piers 8 Closely -Spaced Pier Reduction Factors 10 CONCRETE 10 SURFACE DRAINAGE 11 LIMITATIONS 11 FIG. 1 - LOCATIONS OF EXPLORATORY BORINGS FIG. 2 - SUMMARY LOGS OF EXPLORATORY BORINGS FIGS. 3 through 11 - SWELL CONSOLIDATION TEST RESULTS TABLE I - SUMMARY OF LABORATORY TEST RESULTS LT ENVIRONMENTAL, INC. WARDELL TOWER CTL I T PROJECT NO. DN44,179-125 S: PROJ ECTSN11001DN41119.000112512 Repor4V311DN44179-125ai1 Aoc SCOPE This report presents the results of our Geotechnical Investigation for the proposed Wardell Tower planned southeast of Weld County Roads 32 and 37 in Weld County, Colorado (Fig. 1). The purpose of our investigation was to evaluate subsurface conditions at the site and provide geotechnical criteria for design and construction of foundations for the proposed guyed tower. The scope of this investigation was described in our proposal (No. DN 09-0101) dated February 20, 2009, and the General Services Agreement between LT Environmental, Inc. and CTL I Thompson, Inc. (Agreement No. 2-17-09) dated February 17, 2009. This report includes descriptions of the subsurface conditions found in our exploratory borings, results of field and laboratory tests, evaluation of the engineering characteristics of the subsoils, and our opinions and recommendations regarding design criteria for the proposed tower. A summary of our findings and conclusions is presented below, with more complete description and results of field and laboratory tests included in the report. Assessment of environmental conditions was not within the scope of our services. SUMMARY OF FINDINGS AND CONCLUSIONS 1. Subsurface conditions encountered in our exploratory borings consisted of about 1 to 6 feet of clay and sand underlain by claystone bedrock to the maximum explored depth of 40 feet. The upper 5 to 11 feet of bedrock were weathered. Samples of claystone swelled 4.3 to 10.3 percent after wetting under approximate overburden pressures. 2. Ground water was not encountered during drilling or when the holes were checked three days after drilling. We do not anticipate ground water will significantly affect the proposed construction. 3. The claystone is expansive and will swell upon wetting. We estimate heave of about 6 to 13.5 inches is possible if subsurface wetting to depths of about 10 to 20 feet occurs. We recommend the tower be constructed on a drilled pier foundation bottomed in bedrock. Deadmen can be used for the guy wire anchors. Normal soil criteria per ANSIJTIAIEIA-222-F-1996 standards are considered appropriate. Design and construction criteria are presented in the report. LT ENVIRONMENTAL, INC. WARDELL TOWER CTL I T PROJECT NO. DN44,179-125 S:(PROJECTSN41009DN44179.00011252. Reporb1R11DN44179-125.R1.doe 1 4. Drainage should be constructed and maintained to provide rapid runoff of surface water away from the proposed foundations. Water should not be allowed to pond adjacent to the tower foundations. SITE CONDITIONS The site is located approximately 5.5 miles east of Platteville, Colorado within the NW 'le of the NW % of Section 19, Township 3 North, Range 65 West, 6th Prime Meridian. The site is 529 feet south of Weld County Road 32 and 310 feet east of Weld County Road 37 (Fig. 1). A Noble Energy battery is located about 200 feet south of the proposed tower location. The site is at elevation 5034 feet. The site slopes gently down to the northeast. Ground cover consists primarily of grasses and weeds. PROPOSED CONSTRUCTION We were provided with structural drawings and calculations for the tower and guy anchors prepared by Mr. Chi S. Lee, P.E. (CSL Job #2008J-40-3; dated 9- 22-08 and 9-21-08; respectively). The details and reactions are for a 180 -foot Rohn #55G Guyed Tower based upon an 85 mph wind, 0.5 inches of ice, and "normal soil" conditions per ANSITTIA/EIA-222-F-1996. The guy anchor reactions included a horizontal force of 11.0 kips, an uplift force of 9.00 kips, and a resultant force of 14.2 kips. The dimensions for the guy wire anchors based on the above information are 2 feet by 7 feet by 2 feet at a recommended depth below final grade of 4 feet. The base reactions on the tower foundation included a downward axial force of 23.0 kips and a horizontal force of 0.40 kips. The dimensions for the tower foundation (combined pier and pad) based on "normal soil" conditions are a 3 -foot by 3 -foot by 1 -foot pad bottomed 4 feet below final grade with a 1.5 -foot diameter, 3.5 -foot long drilled pier extending from 0.5 feet above final grade to the pad. LT ENVIRONMENTAL, INC. WARDELL TOWER CTL I T PROJECT NO. DN44,17&125 S:IPROJECTSN419099N41179.909112512 Reporb1R11DN14179.125.R1.doc 2 INVESTIGATION The field investigation consisted of drilling four exploratory borings; one at the center of the tower and one at each guy -wire location, as shown on Fig. 1. The tower center location was staked by others prior to our arrival. The borings were advanced using 4 -inch diameter, continuous -flight auger and a truck -mounted drill rig. Samples of the subsoils were obtained at 2 to 5 -foot intervals using 2.5 -inch diameter (O.D.) modified California barrel samplers driven by blows of a 140 - pound hammer falling 30 inches. A representative of CTL I Thompson, Inc. observed drilling operations, logged the subsoils and bedrock encountered, and obtained samples for laboratory testing. Summary logs of the borings, results of field penetration resistance tests, and laboratory data are presented on Figure 2. The samples were returned to our laboratory where they were visually classified and testing was assigned. Laboratory tests included moisture content, dry density, percent silt and clay -sized particles (passing the No. 200 sieve), Atterberg limits, swell -consolidation, resistivity, and water-soluble sulfate concentration. The results of laboratory testing are presented on Figs. 3 through 11 and summarized in Table I. SUBSURFACE CONDITIONS Geologic mapping (Geologic Map of the Boulder -Fort Collins -Greeley Area, Front Range Urban Corridor, Colorado by Colton, R.B., 1978, USGS Map I -855-G) indicates the substrata at the site consists of eolium surficial deposits (windblown clay, silt, sand, and granules) underlain by claystone of the Laramie formation (upper Cretaceous). Portions of Laramie claystone are known to possess variable potential swell characteristics. Subsurface conditions encountered in our exploratory borings generally consisted of about 1 to 6 feet of sand and clay underlain by claystone bedrock to the maximum explored depth of 40 feet (tower base) and 15 feet (anchors). The upper 5 to 11 feet of bedrock weathered. The clay was stiff to very stiff, the sand LT ENVIRONMENTAL, INC. WARDELL TOWER CTL I T PROJECT NO. DN44,179-125 S:1PROJECTSl441991ON44119.909112512. RepoNSD111DN44179-125-R1.tloc 3 was medium dense, and the bedrock was medium hard to hard based on the results of field penetration resistance tests. Nine samples of claystone swelled between 4.3 and 10.3 percent when wetted under approximate overburden pressures (i.e. the weight of the overlying soil). Swell -consolidation tests on three samples were terminated prior to obtaining consistent dial readings; sample swell may be slightly higher than the values reported. A claystone sample showed very high plasticity with a liquid limit of 78 percent and a plasticity index of 58 percent; the sample contained 100 percent silt and clay -sized particles (passing the No. 200 sieve). A sand sample contained 9 percent fines. Ground water was not encountered during drilling or when the holes were checked three days after drilling on February 24, 2009. Ground water is not anticipated during construction. Resistivity Laboratory resistivity testing was conducted on a combined claystone bedrock sample in general accordance with ASTM G57-78. Results are provided in Table A. TABLE A LABORATORY RESISTIVITY RESULTS TRIAL NO. MOISTURE CONTENT (%) RESISTIVITY (ohm -cm) 1 12.8 >10,000 2 53.5 770 ANSIITIA/EIA-222-F-1996 indicates a soil with a resistivity below 2,000 ohm - cm is generally considered to be highly corrosive. A corrosion specialist should be consulted to provide corrosion control measures. LT ENVIRONMENTAL, INC. WARDELL TOWER CTL I T PROJECT NO. DN44,179-t25 S:IPROJECTSN4t991DN44119.900112512. Reporb1R11DNMt79-125R1.doc 4 Seismicity Foundation and structure design is influenced to some extent by seismic site classification. Based on the 2006 International Building Code and subsoil profiles, we judge the site classifies as Site Class C. SITE DEVELOPMENT A site plan prepared by Petroleum Field Services, LLC indicated the tower will be constructed at or near existing grades. Surficial grading (less than 1 foot) may be required to achieve construction grades. Vegetation and other deleterious material should be substantially removed from areas to receive fill prior to fill placement. Areas to receive fill should be scarified to a depth of at least 8 inches, moistened and compacted to the criteria below. Fill should be placed in thin, loose lifts, moistened to within 2 percent of optimum moisture content for sand soil and to between 0 and 3 percent above optimum for clay soil, and compacted to at least 95 percent of standard Proctor maximum dry density (ASTM D 698). A representative of CTL I Thompson, Inc. should observe and test fill and backfill during placement. On -site soil, if substantially free of vegetation and topsoil, can be used as fill. If import material is required, we recommend importing granular (sand) soil with 100 percent passing the 2 -inch sieve, 20 to 50 percent passing No. 200 sieve, a liquid limit less than 30 percent, and a plasticity index less that 15 percent. A sample of import material should be submitted to our office for approval prior to importing to the site. Excavations on the order of about 4 to 6 feet are anticipated for the foundation and guy anchor construction. We believe the soils found in our borings can generally be excavated using conventional heavy-duty excavation equipment. Excavations should be sloped or shored to meet local, state, and federal safety regulations. Based on Occupational Safety and Health Administration (OSHA) Standards covering temporary excavations, the clay and LT ENVIRONMENTAL, INC. WARDELL TOWER CTL I T PROJECT NO. DN44,179-125 S:\PRO.IECTS\N100\DNN179.000\1250t. Reporte%RI\DNN170.125Rt.doc 5 weathered bedrock will likely classify as Type B soil, the sand will be Type C. Under dry conditions, Type B soil requires a maximum slope inclination of 1:1 (horizontal to vertical), and Type C soil requires a maximum slope inclination of 1.5:1, for temporary excavations. Excavation slopes specified by OSHA are dependent upon soil types and ground water conditions encountered. The contractor's "competent person" should identify the soils encountered in the excavation and refer to OSHA standards to determine appropriate slopes. Stockpiles of soil and equipment should not be placed within a horizontal distance equal to one-half the excavation depth, from the edge of excavation. A professional engineer should design excavations deeper than 20 feet FOUNDATIONS Our investigation indicates very high swell claystone bedrock is present at depths likely to influence foundation performance. We estimate about 6 to 13.5 inches of heave may occur upon subsurface wetting to depths of about 10 to 20 feet. The tower should be constructed on a drilled pier foundation bottomed in bedrock. Anchors can be constructed using concrete deadmen for anchorage. Recommended design and construction criteria for the foundations are presented below. Guy Anchors 1. In our opinion, the soils found meet the requirement for design using normal soils according to ANSI/TIA/EIA-222-F-1996. 2. The mat foundation below the lattice tower and the guy anchors should be designed for a maximum allowable soil pressure of 4,000 psf if constructed on natural soils or well -compacted fill. Where soils are loosened during excavation or in the forming process, or if any loose or soft soils are encountered at the foundation level, the soils should be removed or recompacted to the criteria presented in SITE DEVELOPMENT, prior to placing concrete. 3. The mat and anchor concrete should be placed directly against the sand, clay, or bedrock without forming. LT ENVIRONMENTAL, INC. WARDELL TOWER CTL I T PROJECT NO. DN44,179.125 S:IPROJECTSN41501DN44179.W W125\2. RepoMUt1\DN44179-125-Rt.doc 6 4. To resist lateral loads, a coefficient of friction of 0.3 can be used for concrete in contact with the natural soils. Fill should not be relied on for lateral support. Lateral loads can be resolved by evaluating passive resistance using an equivalent fluid density of 250 pcf for the on -site soils that will not be removed. These values are considered ultimate values (no factors of safety have been applied) and appropriate factors of safety (at least 3.0) should be used. A moist unit weight of 125 pcf can be assumed for the natural soils. This unit weight along with an inverted cone geometry with a 30° outslope can be used to calculate uplift resistance. Again, a minimum factor of safety of 3 is recommended. 5. Soil beneath the guy anchors should be protected from frost. Considering soil conditions, elevation and climate, and the proposed construction, a minimum depth of frost cover of 3 feet is recommended. 6. The completed guy anchor excavations should be observed by a representative of our firm to confirm subsurface conditions are as anticipated from our borings. Tower (Drilled Piers Bottomed in Bedrockl 1. Piers should be designed for a maximum allowable end pressure of 25,000 psf and an allowable skin friction of 1,000 psf for the portion of pier in bedrock above elevation 5022, and 2,500 psf for the portion of pier below elevation 5022. Skin friction should be neglected in the upper 5 feet of weathered bedrock. 2. Piers should penetrate at least 18 feet into the relatively unweathered bedrock. Piers should have a total length of at least 30 feet. Greater length may be required depending on lateral loads. 3. Piers should be designed to resist tension loads and uplift on the piers. Uplift forces can be resisted using the recommended skin friction values presented above. Skin friction should be neglected for the portion of pier in the upper 5 feet of weathered bedrock. 4. Piers should be heavily reinforced the full length of the pier. Piers should be designed for both vertical and lateral loads. As a minimum, we recommend vertical steel reinforcement of at least 0.015 times the gross cross-sectional area of the pier using Grade 60 (420 MPa) steel. Additional reinforcement may be required because of structural considerations and lateral loads. LT ENVIRONMENTAL, INC. WARDELL TOWER CTL I T PROJECT NO. DN44,179-125 S:\PROJECTSW/100\DNN179.000\12512. Reporta\R11DNM179-125-R1Aoc 7 5. Pier drilling should produce shafts with relatively undisturbed bedrock exposed. Any remolded bedrock cuttings on pier walls should be removed. 6. Piers should be carefully cleaned prior to placement of concrete. Ground water was not encountered during this investigation but may be found during drilled pier installation. We recommend a "drill - and -pour" procedure for pier installation. Concrete should be ready on -site and placed in the pier holes immediately after the holes are drilled, cleaned and observed by our representative to avoid collecting water and possible contamination of open pier holes. If ground water is encountered during pier installation, tremie equipment and/or pumping may be necessary for proper cleaning, dewatering, and concrete placement. Concrete should not be placed by free fall if there is more than about 3 inches of water at the bottom of the hole. 7. Concrete placed in pier holes should have sufficient slump to fill the pier hole and not hang on the reinforcement. We recommend a slump of 6 inches t 1 inch). 8. Formation of mushrooms or enlargements at the top of piers should be avoided during pier drilling and subsequent construction operations. 9. Installation of drilled piers should be observed by a representative of our firm to identify the proper bearing strata and observe the contractor's installation procedures. Laterally Loaded Piers Lateral loads may be applied to the structures through wind, seismic, and lateral earth pressures. Lateral load analysis of drilled piers can be performed with the software analysis package LPILE by Ensoft, Inc. We believe this method of analysis is appropriate for piers with a pier length -to -diameter ratio of seven or greater. If you desire, we can assist with these analyses. Suggested soil criteria for use with the LPILE software are presented in Table B. LT ENVIRONMENTAL, INC. WARDELL TOWER CTL I T PROJECT NO. ON44,179-125 S:\PROJECTS144t991DN44179.900112512. Reports R11DN44179-125-R/.doc 8 TABLE B SOIL INPUT DATA FOR "LPILE" Soil Type Sand Clay Weathered Bedrock Comparatively Unweathered Bedrock Effective Unit Weight (pci) 0.06 0.06 0.07 0.07 Cohesion, c (psi) 0 13 22 43 Friction Angle, 0 (degrees) 30 Soil Strain, e0 (in/in) - 0.005 0.005 0.004 p -y Modulus, k, (pci) 90 1,000 1,000 2,000 p -y Modulus, k, (pci) 90 400 400 2,000 The EN value represents the strain corresponding to 50 percent of the maximum principle stress difference. The modulus of subgrade reaction for static (k,) and cyclic (kc) conditions are used by the program to generate the slope of the initial portion of the "p -y curves". Other procedures require input of a horizontal modulus of subgrade reaction (Kb). We believe the following formulas in Table C are appropriate for calculating horizontal modulus of subgrade reaction (Kb) values. TABLE C MODULI OF SUBGRADE REACTION Sand Clay Weathered Bedrock Comparatively Unweathered Bedrock Modulus of Subgrade Reaction, Kh (tcf) Kh = 10 x z Kh = 20 d Kh = 30 d Kh = 250 d d Where d = pier diameter (ft) and z = depth (ft). LT ENVIRONMENTAL, INC. WARDELL TOWER CTL I T PROJECT NO. DN44,179-125 S:\PR0JECTS\441 WWNN119.90011251L ReportMR11DN44t79-125R1.Eoc 9 Closely -Spaced Pier Reduction Factors For axial loading, a minimum spacing of three diameters is recommended. At one diameter (piers touching), the skin friction reduction factor for both piers would be 0.5. End pressure values would not be reduced provided the bases of the piers are at similar elevations. Interpolation can be used between one and three diameters. Piers in -line with the direction of lateral loads should have a minimum spacing of six diameters (center -to -center) based upon the larger pier. If a closer spacing is required, the modulus of subgrade reaction for initial and trailing piers should be reduced. At a spacing of three diameters, the effective modulus of subgrade reaction of the first pier can be estimated by multiplying the given modulus by 0.6. For trailing piers in a line at three -diameter spacing, the factor is 0.4. Linear interpolation can be used for spacing between three and six diameters. Reductions to the modulus of subgrade reaction can be accomplished in LPILE by inputting the appropriate modification factors for the p -y curves. Reducing the modulus of subgrade reaction in trailing piers will result in greater computed deflections for these piers. In practice, grade beams can force deflections of all piers to be equal. Load -deflection graphs can be generated for each pier by using the appropriate p -multiplier values. The sum of the pier lateral load resistance at selected deflections can be used to develop a total lateral load versus deflection graph for the system of piers. For lateral loads perpendicular to the line of piers a minimum spacing of three diameters can be used with no capacity reduction. At one diameter (piers touching) the piers can be analyzed as one unit. CONCRETE Concrete in contact with soil can be subject to sulfate attack. We measured a water-soluble sulfate concentration of less than 0.01 percent in a weathered LT ENVIRONMENTAL, INC. WARDELL TOWER CTL I T PROJECT NO. DN44,179-125 S:IPROJECTSN41001DN44179.000112512. RepaLL1R/1DN441T9-125-R1.doc 10 claystone sample from this site. Sulfate concentrations less than 0.1 percent indicate Class 0 exposure to sulfate attack for concrete in contact with the subsoils, according to the American Concrete Institute (ACI) Guide To Durable Concrete (ACI 201.2R-01). For this level of sulfate concentration, ACI indicates any type of cement can be used for concrete in contact with the subsoils. In our experience, superficial damage may occur to the exposed surfaces of highly permeable concrete, even though sulfate levels are relatively low. To control this risk and to resist freeze -thaw deterioration, the water-to-cementitious material ratio should not exceed 0.50 for concrete in contact with soils that are likely to stay moist due to surface drainage or high water tables. Concrete should have a total air content of 6 percent ± 1.5 percent. SURFACE DRAINAGE Performance of foundations is influenced by the moisture conditions existing within the foundation soils. The risk of wetting foundation soils can be reduced by properly planned and maintained surface drainage. Surface drainage should be designed to provide rapid runoff of water away from the tower base and guy -wire anchors. We recommend the following precautions: 1. Wetting or drying of the open excavation should be avoided. 2. The ground surface should be sloped to drain away from the foundation in all directions. 3. Backfill around the foundation should be moisture conditioned and properly compacted as discussed in SITE DEVELOPMENT. LIMITATIONS We drilled our exploratory borings at locations based on the pre -marked tower location and approximate locations of the three guy anchors to obtain a reasonable description of the subsurface conditions below the proposed tower and anchors. Variations in subsurface conditions not indicated by our borings may occur. A representative of CTL I Thompson, Inc. should observe the LT ENVIRONMENTAL, INC. WARDELL TOWER CTL I T PROJECT NO. DN44,179.125 S:IPROJECTSWt1001DN44179.500112512. Reports1R11DN44179-125-R1Aoc 11 foundation excavations to confirm subsoils are as anticipated from the borings. We should observe and test fill during placement. We should also observe installation of drilled piers. The recommendations presented in this report are based upon the proposed construction as it is currently planned. Revision of the construction plans could affect our recommendations. We should be contacted to review our recommendations if plans change. We believe this investigation was conducted with that level of skill and care ordinarily used by geotechnical engineers practicing in this area at this time. No warranty, express or implied, is made. If we can be of further service in discussing the contents of this report or in the analysis of the influence of the subsoils on the design of the improvements, please call. CTL I THOMPSON, INC. Benny I. Lujan Staff E ineer BIL:TH/bg (3 copies) via email: bdodek(ahltenv.com LT ENVIRONMENTAL, INC. WARDELL TOWER CTL I T PROJECT NO. DN44,179-125 S1PROJECTSWt0010NM179.0001125Q. Reports1R11DN41179-025-R1.doc 12 •• •• S:\9RO1ECTS\44100\DN44179.000\125\2. Reports\R1\DN14179-125-R1-D.dwg, 3/2/2109 7:48:51 MI, rstanIsk 30 LEGEND: TH-1 APPROXIMATE LOCATION OF • EXPLORATORY BORING --5030 EXISTING GROUND SURFACE ELEVATION (FEET) 0 60 SCALE: 1- - 6O' N 5p3p ---- --��\` TH-4. ▪ ``� • N. .....r..7--__PROeOSED N\ `\ GUY-VIRE N. \ANCHOR .". \\ �N N \ N TO GILCREST WELD COUNTY ROAD 32 LATFEVILLE TO FT. LUPTON VICINITY MAP MDT TO SCALE --- ` �\ / / / \ \ ROPO\ED / ` TOWER `\ /'� / / / \\ AREA 0\0 / �\ \\ 5 // \ \ i� /� 1 / \\ TH-1 \ a N. \ / / / \ // I/ / 1 I \ N / \ II ( �\ N \ \ ) \ \ N \ \ T _ \ \\` `\ F%2 \ -\\\ `,\ N \\\\V/ \\ �� \ \ --....\ \ \\ ..__._---- ON ACCES LT ENVIRONMENTAL, INC. WARDELL1OWE1 Project No. DN44,179-125 Tr o \\ • TH-3 Locations of Exploratory Borings Fig. 1 S IN hq xs min xo /§ o 133d - W430 \ ,,.\,:Illilh,�,,,,]' co ;A; iniale 'Try Hull ■ \\\ 111111111111I f \\ \\\\ \\ I IA Em UD cv 133d -H1d30 SUMMARY LOGS OF EXPLORATORY BORINGS • COMPRESSION % EXPANSION 9 8 7 6 5 4 3 2 0 -2 -3 -4 -5 -6 V EX PR P AV ES S SION UN JRE DUE DER ONSTAN TO ETTING T 0.1 APPLIED PRESSURE - KSF Sample of WEATHERED CLAYSTONE From TH-1 AT 4 FEET 1.0 LT ENVIRONMENTAL, INC. WARDELL TOWER PROJECT NO. DN44,179-125 S:PROJECTS1441001DN44179.000112512. Reports 1R11DN44179-125-X1(swell) 10 100 SAMPLE DRY UNIT WEIGHT= 114 PCF SAMPLE MOISTURE CONTENT= 15.6 % Swell Consolidation Test Results FIG. 3 • COMPRESSION % EXPANSION 10 9 a 7 6 5 4 3 2 0 -2 -3 -4 -5 0 PP PAN SS E SION UN JRE DUE DER C TOW ONSTA ETTIN N G T 0.1 APPLIED PRESSURE - KSF Sample of WEATHERED CLAYSTONE From TH-1 AT 7 FEET 10 LT ENVIRONMENTAL, INC. WARDELL TOWER PROJECT NO. DN44,179-125 S:\PROJECTS\44100\DN44179.000112512. ReportsU;1\DN44179.125-X1(swe$I) 10 100 SAMPLE DRY UNIT WEIGHT= 100 PCF SAMPLE MOISTURE CONTENT= 24.3 % Swell Consolidation Test Results FIG.4 M N COMPRESSION % EXPANSION 9 8 7 6 5 4 3 2 0 -2 -3 -4 5 -6 0 EX PR P A ESS SION UND DUE DER C TO TOW ON STA 1N N G T 0.1 APPLIED PRESSURE - KSF Sample of WEATHERED CLAYSTONE From TH-1 AT 9 FEET 1.0 LT ENVIRONMENTAL. INC. WARDELL TOWER PROJECT NO. ON44,179-125 S:(PROJECTS\441001DN44179.000\12552. Reports1R11DN44179.125-X1(swell) 10 100 SAMPLE DRY UNIT WEIGHT. 105 PCF SAMPLE MOISTURE CONTENT= 21.3 % Swell Consolidation Test Results FIG.5 r • COMPRESSION % EXPANSION 9 8 7 6 5 4 3 2 1 0 -2 -3 4 -5 -6 0.1 0 EX PR P A ES V S SION UNDER CONSTAN JRE DUE TO WETTING T APPLIED PRESSURE - KSF Sample of CLAYSTONE From TH-1 AT 12 FEET 10 LT ENVIRONMENTAL, INC. WARDELL TOWER PROJECT NO. DN44,179-125 SAP ROJECTS1441001DN44179.0001125\2. RepofsW fDN44179-125-X1(swell) 10 SAMPLE DRY UNIT WEIGHT= SAMPLE MOISTURE CONTENT= 111 PCF 18.1 % 100 Swell Consolidation Test Results FIG. 6 • • COMPRESSION % EXPANSION 8 7 6 5 4 3 2 1 0 -1 2 -3 -4 -5 -6 -7 0 EXPA PRES V 5 SION UNU JRE DUE ER C TO ON STA 'IN N G T i _ 0.1 APPLIED PRESSURE - KSF Sample of CLAYSTONE From TH-1 AT 14 FEET 1.0 LT ENVIRONMENTAL, INC. WARDELL TOWER PROJECT NO. DN44,179.125 S:IPROJECTS144100WN44179.0001125\2. Reports W 710N44179.125 -XI (swell) 10 SAMPLE DRY UNIT WEIGHT= SAMPLE MOISTURE CONTENT= 112 PCF 19.8 % 100 Swell Consolidation Test Results FIG.7 • gip COMPRESSION % EXPANSION 7 6 5 4 3 2 1 0 -2 -3 -4 -5 -6 7 -8 0 EPA P ES V S SION UN JRE DUE DER C�ONSTd TO WETTIN N G T' 0.1 APPLIED PRESSURE - KSF Sample of CLAYSTONE From TH-1 AT 19 FEET 1.0 LT ENVIRONMENTAL, INC. WARDELL TOWER PROJECT NO. DN44,179.125 S:\PROJECTS\44100\DN44179.000\125\2. Reports\R1\DN44179-125-X1(swell) 10 SAMPLE DRY UNIT WEIGHT= SAMPLE MOISTURE CONTENT= 109 PCF 20.1 % 100 Swell Consolidation Test Results FIG.8 ell COMPRESSION °/0 EXPANSION 7 6 5 4 3 2 0 -1 -2 -3 -4 -5 -6 -7 -6 O EX PR PA ES N S SION UN JRE DUE DER CON TAN TO WE ING 0.1 APPLIED PRESSURE - KSF Sample of WEATHERED CLAYSTONE From TH-2 AT 9 FEET 1.0 LT ENVIRONMENTAL, INC. WARDELL TOWER PROJECT NO. DN44,179.125 SAP ROJECTS\ 4100\DN44179.000112512. Reports\R1\DN44179-125-X1 (swell) 10 100 SAMPLE DRY UNIT WEIGHT= 102 PCF SAMPLE MOISTURE CONTENT= 23.0 % Swell Consolidation Test Results FIG.9 •• 4* COMPRESSION % EXPANSION 10 9 8 7 6 5 4 3 2 1 0 1 -2 -3 4 -5 O TPANSION UNEER C'ONSTAN ES3JRE DUE TO WETTING I 0.1 APPLIED PRESSURE - KSF Sample of CLAYSTONE From TH-3 AT 9 FEET 1.0 LT ENVIRONMENTAL, INC. WARDELL TOWER PROJECT NO. DN44,179-125 SAP ROJECTSl441001DN44179.000\125'2. Reports\R 1 WN44179-125•X 1($well) 10 100 SAMPLE DRY UNIT WEIGHT= 112 PCF SAMPLE MOISTURE CONTENT= 19.0 % Swell Consolidation Test Results FIG. 10 •• COMPRESSION % EXPANSION 7 6 5 4 3 2 0 -1 -2 -3 -4 -5 -6 -7 -B 0 EkPp► PR V&ION UN SURE DUE DER C TO ONTN WE IN T 0.1 APPLIED PRESSURE - KSF Sample of CLAYSTONE From TH-4 AT 7 FEET 10 LT ENVIRONMENTAL, INC. WARDELL TOWER PROJECT NO. DN44,179-125 S1PROJECTS,4/10010N44179.000\12512. Reports \R1\DN44179-125-X1(sweil) 10 100 SAMPLE DRY UNIT WEIGHT= 116 PCF SAMPLE MOISTURE CONTENT= 13.0 % Swell Consolidation Test Results FIG. 11 SUMMARY OF LABORATORY TEST RESULTS SOIL TYPE WEATHERED CLAYSTONE WEATHERED CLAYSTONE WEATHERED CLAYSTONE CLAYSTONE CLAYSTONE CLAYSTONE CLAYSTONE SAND, SLIGHTLY SILTYJSP-SMJ II 11 1: it rENTIAL. PASSING NO. 200 SIEVE (%) m. I 'I I'lll'I SOLUBLE SULFATE CONTENT I I I,I II I ERG LIMITS PLASTICITY INDEX (%) m Im I I m Er w o =ie 'm . !DI III I j 10, 1 al �I I HI SOIL SUCTION VALUE (pF) I IIII II IIII Z_ 1- E MAY NOT HAVE SW ELLE( SWELL TEST DATA SW ELL PRESSURE Psi) I i I I I 111 I Ii APPLIED PRESSURE (Psi) 88000:0:0 000,0:o =. IIII I RELY. SAMPLI iFt1amlm0900Rmmnmm CI) �., III I�I a DENSITY (Psi) a O mO O N 0:N II�IIII N Ij III ERMINATED I MOISTURE CONTENT (%) 15.6 24 24 3 21.3 18.1 m Im d m m a y : I I 'I I I H III Ili ! I 1TION TEST T a Farm"<mmN 0 I 4 ! I II I 11 Q, o Lz, lO BORING TH1 TH-1 TH-1 TH 1 24222 r iIr r i I � 11ii111'I'.,II IiI III II NOTE. SW ELL -C 0 ry8 az w m. Z =3o_ i00g z 0 H U W V w m wma= t3aw 0 0 0 m a • • Use by Special Review Noble Energy Wardell Communications Tower Introductions Land Owner • Roy Wardell Noble Energy • Greg Pickerel Facilities Engineer • Erik VanDecar Land Man Tetra Tech • Julie Cozad Land Planning Manager Other Consultants CTL Thompson • Tanya Hart. P.E. Geotochnrcal Project Manager Randy's Tower Service • Chi S. Lee. P E.. S.E. rawer Oesgn Noble Energy Company Overview • ^Kole Energy has been engaged in cede dl and nabs* gas explorwon and development xevNes throughout the onshore US since 1032 and in the Gulf of Marco sine 1088. Total United States production in 2007 averaged 111,000 barrels ofd! equivaent oer day. • Wittenberg Fleur— The Wittenberg geld. Noble Eneegt/s lagest domestic asset_ continues to grow products and reserves_ in 2007, sales from des field averaged approximately 240 mullion cubic feet equivalent per day. • The Company acquired wonting interests in the W attatberg field through the Pans Merger in 2005 and the acquisition of U.S. Exploration ern 2006. In addition. Me Company has added 7,000 additional acres in early 2008. Located in the O•J basin of north central Coloradd the Wittenberg field provides Noble Energy YAM a sub•tanbal future protect inventory. with inutile productive forenetdns. In 2008, plans we to execute 1.250 projects, approximately naa represent new dolls and the remanng held s refract Wren, and recampletes. with a pnmary 'ocus an continued enhancements in doing and completion procedures. es A1tuF1.L COW1,11) (':'."f1ONS TOWER. 1 • Vicinity Map RssW R65W 'Piss: - Agr:cuAural - - is 1 esP h. _ North - AgnculturaUsirgte family residence. wasting home site $ PONliCT SIB IACAl01 nw l.r.r..44. r.W,G N :P.rx !• ISouth - Agricultural I t ARUELL COnsisAUNICA rIONs TOWER ELL COMMUNICATIONS foWEllr T3N East - Agricultural A • 2 7tRUF.1.1. CONIINUNTCAIIONS TOWER _ • • Project Overview & Schedule • Construction will begin immediately upon approval of this application and will take about 12 months to complete. • this site was chosen due to geological constraints and the need for line of sight' between the wells and the tower. • Additional purposes for the tower. — Create a network between Platteville, Greeley and Kersey - Implement a wireless radio system for remote 'polling. of the wells - Allow Noble to adjust and optimize production va monitoring system controls and environmental factors the Weld County Planning Department also requires a Subdivision Exemption to create a parcel for this specific use. — the application has been submitted and :3 an administrative crocesa through the Planning Department. SA WELL COMSYUNICATION9 TOwEri (.t1b1.11t"JIc . rtc)N'-. now Economics of Oil & Gas in Colorado • Significant reserves in Weld County • Over 1000 wells have been shut in due to overcapacity and limited storage, pipelines and refineries in the area Oil and Gas industry contribute 323 Billion to Colorado (2005 statistics) • 90% due to extraction activities • Oil and Gas industry employs 71.000 people in Colorado (2005 statistics) WA aro F.1.1 C:0%1,41JNICAT IONS roweR 4 • • Oil production by County for 2009 Are aria a. - a=- __ _ _ Se .a W - a as w r• r• a a •- - w a •• S Y — Y 1I •Y _ �� w ada ▪ a a ea • r al• a M r .s a. .a a IS CS a IS • • • IS ASS Oa 'MSS 0•N y _ - S 15 ▪ ▪ IS w aw an r N :N ,\ ttI'1 I I (C.\%.\1U N ICA f IONS TOW Eft Y N Ys 5 Hello