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Home My WebLink About20090610.tiff• • • • • MIXED USE DEVELOPMENT AREA STRUCTURAL PLAN, COMPREHENSIVE PLAN AND MAP 2.1, STRUCTURAL LAND USE MAP AMENDMENT SUBMITTAL CHECKLIST FOR PLANNING DEPARTMENT USE RECEIPT/AMOUNT # 1$ APPLICATION RECEIVED BY DATE RECEIVED. CASE it ASSIGNED: PLANNER ASSIGNED. SOUTHEAST WELD MIXED USE DEVELOPMENT AREA — AFFECTING SECTION: 5 T2N R64W Affected parcel number 1305-05-0-00-010 Legal Description . SEE ATTACHED EXHIBIT , Section _- W '/, Section 5 Township 2 N Range 64 West Property Address (If Applicable) Total Acres Has the property been divided from or had divided from it any other property since August 30, 1972? - Yes No FEE OWNER(S) OF THE PROPERTY (II additional space is required, attach an additional sheet) PROSPECT FARMS II HOLDINGS LLC - JOEL H FARKAS, MANAGER Phone: 303-843 9742 Fax: 303-843-0143 Email address: JHFARKA$@JFCOMPANIES.COM CPAUL$ON@JFCOMPANIES,COM Address: 4653 S. ULSTER STREET SUITE 1300 DENVER, CO. 80237 APPLICANT OR AUTHORIZED AGENT (Sep Below: Authorization must accompany applications signed by Authorized Agent) REUTZEL & ASSOCIATES LLC - JACK E. REUTZEL, ESQ. Phone: 303-694-1982 Fax: 303-694-3831 Email address: Address: 9145 E. KENYON AVENUE SUITE 200 DENVER, CO. 80237 JACK@ REUTZELANDASSOC.COM JOY@ REUTZELAN DASSOC.COM I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our) knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included indicating the signatory has the le sign for the corporation. Signature: owner or thorized Agent Date Signature: Owner or Authorized Agent Date 2009-0610 • • REUTZEL & ASSOCIATES, LLC ATTORNEYS AT LAW • • • 9145 EAST KENYON AVENUE, SUITE 200 DENVER, COLORADO 80237 Phone (303) 694-1982 fax (303) 694-3831 www.reutzelandassoc.com October 22, 2008 Ms. Michelle Martin Weld County Planning Services 918 10th Street Greeley, CO 80631 Land Use/ Zoning Real Estate Annexations Community Associations Oil and Gas Local Government Corporate Re: Weld County Comprehensive Plan Amendment - Structural Land Use Map Amendment #2 Dear Michelle, The following comments are in response to referral comments received and direction discussed in our meeting on Wednesday October 8, 2008. The following referral comments were provided. • Zoning Compliance • Weld County Sheriff • Building Inspection • Town of Keenseburg • Division of Water Resources • Department of Public Health All of these referral agencies found no conflicts or issues and therefore nothing more is required of the applicant at this time. • Public Works (memo dated Oct. 9, 2008) found the recommendations as proposed in the Addendum letter and the Addendum Traffic Impact Analysis acceptable. Additional detail will be provided in conjunction with the Change of Zone process. • Xcel Energy RESPONSE: The letter from Xcel describes a request for language or plat notes to be place on the preliminary and final plats for the subdivision. A letter was provided to Xcel repeating our previous commitment to provide the necessary language when a plat application is submitted for any portion of the Property. Attached please find the graphic revision of the Amendment consistent with the Comprehensive Plan Structural Land Use Map adopted by Weld County. REUTZEL & ASSOCIATES, LLC ATTORNEYS AT LAW • • 9145 EAST KENYON AVENUE, SUITE 200 DENVER, COLORADO 80237 Phone (303) 694-1982 fax (303) 694-3831 www.reutzelandassoc.com October 21, 2008 Ms. Kathryn Bauer Xcel Energy 550 15th Street, Suite 700 Denver, CO 80202 Re: Pioneer Communities Weld County Comprehensive Plan Amendment Dear Ms. Bauer: Land Use/ Zoning Real Estate Annexations Community Associations Oil and Gas Local Government Corporate On behalf of Pioneer Communities Inc., HPFarms LLC and Prospect Farms II Holdings LLC we are in receipt of your referral comments contained in the letters to Weld County Planning dated October 6, 2008. The comments provided are more specifically directed toward future applications for subdivision plats on the Property. We have several procedural steps that are required in advance of the subdivision plats that need to be ratified by the County, including this referral provided for on the Comprehensive Plan Amendment, as well as a future application for a Change of Zone process. At the step that subdivision plats are prepared, referrals will be provided from the County to Xcel Energy and the necessary easements and notes required for services to the development as set forth in your October 6 letter will be addressed in accordance with requirements in effect at that time. Thank you again for your comments. If you have any questions regarding this matter please contact this office. Sincerely, REUTZEL & ASSOCIATES, LLC ATTORNEYS AT LAN' • 9145 LAST KI NYON AVENUE, SUI 1P.200 DENVER, COLORADO 80237 Telephone (3031 694-1982 Fax 13031694-3831 www.reutzelandassoc.com August 22, 2008 Weld County Planning Services 4209 CR 24.5 Longmont, CO 80504 land UselZoning Real Estate Annexations Community Associations Gil and Gas I-ocal Government Subject: August 2008 Comprehensive Plan Application #2 — Inclusion of W '/ of Section 5 into the SE Weld MUD Response to staff comments forwarded via email August 7, 2008 Attn: Ms. Michelle Martin We offer the following clarifications to our original application to address the issues raised in your August 7, 2008 email regarding Amendment #2 — Inclusion of Area into the SE Weld MUD. We have responded to the issues in the same order received in the email. Amendment 2 1. Demonstrate through supporting documentation how the proposed amendment will address the impact on existing or planned service capabilities, including but not limited to, roads, storm water, and emergency services. Response: Supporting documents, including a drainage report and traffic analysis were provided with the initial application materials. As stated in the application summary the traffic analysis provides a review of the expected traffic volumes and recommends some minor modifications to the improvements necessary. The Drainage study addresses and accounts for impacts that would result from the proposed development. The Property remains within the SE Weld Fire District and law enforcement service is the responsibility of the Weld County Sherriff. Will Serve letters are provided from Pioneer Regional Metro District and Resource Colorado which address the provision of Water and Wastewater Services. 2. Delineate the number of people who will reside and work in the proposed area and the number of jobs created by the proposed development. This statement shall include the number of school - aged children and address the social service provision needs, such as schools, of the proposed population. Response: As stated in the summary provided with the application materials the Property is designated residential. The assumed yield for the 317 acres is 445 single family residential units or an approximate population of 1135 people. The methodology applied in the fiscal impact analysis with the original Comp Plan MUD designation would suggest that the jobs created are construction positions resulting from the development of Pioneer Community. The student generation numbers at .36 for elementary, .110 for middle and .175 for Senior High total an estimated yield of 287 students (160, 49, and 78 respectfully) There was additional capacity in the facilities proposed that would allow for the proposed increase in the student population. • • • • • 3. Include a certified list of the names, addresses and the corresponding parcel identification numbers assigned by the County Assessor to the owners of property of the surface estate within one thousand (1,000) feet of the property subject to the application. The source of such list shall be from the records of the County Assessor, or an ownership update from a title abstract company or attorney derived from such records or from the records of the County Clerk and Recorder. If the list was assembled from the records of the County Assessor, the applicant shall certify that such list was assembled within thirty (30) days of the application submission date. Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the hearing process, even if such error results in the failure of a surrounding property owner to receive such notification. (Your list is not certified) Response: A statement of certification is attached. 4. Outline the proposed use of the property including the maximum number of dwelling units, amount of commercial and industrial space and percentage of open space projected for that area. Response: As discussed in the original application materials the entire inclusion area for this amendment is a Residential designation. There is a sensitive area overlay due to Horse Creek Draw (Unnamed Creek) floodplain that will need to be studied in more detail to determine the impacts. The estimated number of dwelling units for the purposes of the drainage and traffic study is 445 sfd units. Open Space standards will be in accordance with Appendix 26-E Common Open Space for Land Use Categories for the Southeast Weld MUD Area or 20% for residential neighborhoods. 5. The applicant shall submit an affidavit agreeing to all pervious triggers and commitments as determined by prior applications and actions required by the Board of County Commissioners. Response: An affidavit is attached agreeing to all triggers and commitments as previously determined by prior applications with the understanding that additional analysis may be prepared at the Change of Zone that may vary a threshold previously described at the sole discretion of the County. 6. Demonstrate conformance with the maximum land use limitations of the Southeast Weld MUD Structural Land Use Densities or provide justifications if proposed for an amendment. Response: As stated in the summary statement of the application the additional residential density proposed will not exceed the maximum of 12,435 as the described limit in Appendix 26-C of the Structural Land Use Densities for the SE Weld MUD. Very Truly Yours, REUTZEL & ASSOCIATES, LLC By: 2 1 • • Affidavit of Agreement The undersigned, Jack E. Reutzel, as designated representative on behalf of the owner of lands that arc subject to the Change of Zone PZ #1125 known as Pioneer Communities and subject to development triggers and commitments as set forth in Weld County Resolution approved by the Board of County Commissioners of Weld County on the 9th of January, 2008 (2008-0050 PL 1939) hereby certifies that: 1. The Comprehensive Plan Amendments (#1 and #2) as submitted and dated August 2008 for the SE Weld MUD shall be bound by all pervious triggers and commitments as determined by prior applications and actions required by the Board of County Commissioners. 2. Further reiteration and refinement of the triggers may occur at the Change of Zone review for these lands at the sole discretion of the County. REUTZEL & ASSOCIATES, LLC 1 By: STATE OF COLORADO CITY & COUNTY OF DENVER ) ss. utzel The foregoing Affidavit was subscribed and sworn to before me on this ZZNP day of August, 2008, personally by Jack E. Reutzel. Witness my hand and official seal. My commission expires: l0/241LO1O Nrtnrmision rxprason. 78.2010 • • • • • Weld County Comprehensive Plan Amendment Southeast Weld Mixed Use Development Area August 2008 Amendment #2 - Inclusion of HP 319 Application form Application fee Intent Statement Ownership Information Planning referral packages Adjacent Property Owner Information / labelsPlanning referral packages EXHIBITS Legal Description Exhibit 1 Structural Land Use Amendment Map Exhibit 2 Structural Land Use Amendment Map (enlarged) Exhibit 3 Will Serve Letters Exhibit 4 Resource Colorado Pioneer Regional Metropolitan District Environmental Site Assessment / A.G. Wassenaar, Inc. Exhibit 5 Traffic Impact Analysis / LSC Transportation Exhibit 6 Drainage Study/ Carroll & Lange Exhibit 7 Ecological Assessment/ A.G. Wassenaar, Inc Exhibit 8 Archaeological Review/ SWCA Environmental Exhibit 9 Pioneer Communities Holdings L• 4643 S Ulster Street Suite 1300 Denver, CO 80237 • Colorado Business Bank 821 17th Street P 0 Box 8779 Denver, CO 80201 (303) 293-2265 23320/1020 • 2164 CHECK NUMBER 2164 DATE Jul 25, 2008 AMOUNT ****$1,500.00 PAY One Thousand Five Hundred and 00/100 Dollars TO THE ORDER WELD COUNTY PLANNING OF II' 216411' ': LO 20032061: 32 3256611' Pioneer Communities Holdings LLC 2164 REF. NUMBER DESCRIPTION INVOICE DATE INVOICE AMOUNT DISCOUNT TAKEN AMOUNT PAID 07.25.08 • COMP PLAN AMENDMT-HP 319 7/25/08 1,500..00 1,500.0 CHECK DATE CHECK NUMBER PAYEE DISCOUNTS TAKEN CHECK AMOUNT 7/25/08 2164 WELD COUNTY PLANNING $1,500.1 FORM/f PTWIN-APCHK re e 11121/02 TR ANS•MCRO ELECTRONIC FOR MS 18001 749-D38 • Weld County Comprehensive Plan Amendment South East Weld Mixed Use Development Area Amendment - Inclusion to map area - August 2008 Include West 1/2 of Section 5 T2N R64W into the SEWeld MUD area and designate the Property as Residential This application is for the inclusion of approximately 317 + acres of Property into the Structural Land Use Map for the Southeast Weld Mixed Use District ("SEWeld MUD"). The Property is generally described as the West 1/2 of Section 5 and more specifically identified in the legal description attached as EXHIBIT 1. The proposed designation for the inclusion area is Residential. Approximately one-third of the area of the Property is identified as a sensitive area or floodplain associated with Horse Camp Draw / un-named drainage. A map modification depicting the proposed land use designations is provided as EXHIBIT 2. A composite of how this area fits into the larger Change of Zone for the Pioneer area is provided as EXHIBIT 3. The property is contiguous on three sides with the existing SEWeld MUD (66% adjacent or 10,516 feet more or less) and therefore a very logical expansion of the boundaries of MUD. The residential designation encourages an appropriate and compatible extension of neighborhoods. The inclusion allows for the extension of the open space and regional trail connections along the drainage corridor, as well as providing an appropriate alignment for the extension of sewer service lines to the regional treatment facility to the north. Letters from Resource Colorado and the Pioneer Regional Metropolitan District as service providers are included as EXHIBIT 4. This Property and the potential for development was not assumed as a part of the studies previously provided with the initial Comprehensive Plan Amendment approved in 2006. This amendment request therefore provides a review of the limited impacts on the planned services for the Pioneer community. • An Environmental Site Assessment (Phase I) indicates no evidence of recognized environmental conditions in connection with the Property. There are two gas wells and batteries in this area. During the planning phases these facilities will be addressed in a fashion consistent with the SUA agrements being negotiated for the remainder of the MUD. (EXHIBIT 5 - A.G. Wassenaur, Inc.) • A Traffic Impact Analysis has been prepared as an addendum to the report currently on file with the County for the SEWeld MUD. The analysis reviews the expected traffic volumes related to the addition of up to 445 single family residential dwelling units for the proposed area of inclusion. The review recommends modifications to the improvements necessary on WCR 53. (EXHIBIT 6 - LSC Transportation Consultants, Inc.) • • • • • A Phase 1 Drainage Study has been prepared indicating that the area proposed for inclusion into the SEWeld MUD can account for drainage impacts that would result from proposed development within the Horse Creek Draw / unnamed drainage basin. It is anticipated that onsite 100 -year detention ponds / facilities will be provided for developed flows on -site and that offsite drainage will be conveyed effectively and safely through the Property. Coordination with the overall Pioneer development is ensured to provide proper drainage design and infrastructure construction. As appropriate, additional detail will be provided with subsequent submittals through the review process. (EXHIBIT 7 - Carroll & Lange Consultants, Inc.) • An ecological assessment indicates that the Property does not have habitat capable of supporting species listed under the Endangered Species Act. The majority of the area has been heavily grazed. (EXHIBIT 8 - A.G. Wassenaar, Inc.) • An archaeological review was performed. The search did not reveal any cultural resources or inventories in the area. (EXHIBIT 9 - SWCA Environmental Consultants) • The residential densities will not exceed the maximum of 12,435 as described in Appendix 26-C Structural Land Use Densities Southeast Weld MUD of Weld County Code Chapter 26 — Mixed Use Development. The assumed density for the area is estimated as 445 single family residential units and will be further evaluated with the planning efforts involved in the PUD sketch submittal. There is capacity within the schools currently planned for Pioneer, as demonstrated in the prior Pioneer studies, therefore not requiring additional facilities for the School District. The amendment remains consistent with the existing and future goals, policies and needs of the County as set forth in the SEWeld MUD. The impacts analyzed with the creation of the "original" SEMUD are not modified in any material way with this request. All other planned services remain relatively unchanged with this inclusion. There is available capacity in the schools planned for in this area and it is therefore not anticipated that an additional school site(s) will be required. However schools, parks, trails, circulation, emergency services, etc. will be more specifically discussed in the Sketch Plan for this proposed residential area. • EXHIBITS attached Identify Results • • Page 1 of 1 • • Account#: R5066986 WELD COUNTY ASSESSOR PROPERTY PROFILE Tax Area: 2442 Bordering County: Acres: 319 Townshjp Range Section Quart. Sec. 02-64-05-0 Owners Name & Address: PROSPECT FARMS II HOLDINGS LLC 4643 S ULSTER ST STE 1300 DENVER, CO 80237 Parcel#: 130505000010 Subdivison Name Block# Lot# Property Address: Street: City: Business/Complex: Sale Date 12/4/2007 Sale Price $867,300 Sales Summary Deed Type WD Legal Description Reception # 3521878 8362 W2 5 2 64 EXC UPRR RES (1SHT) Land Type Agricultural Agricultural Land Subtotal: Abst Code 4147 4147 Land Valuation Summary Unit of Number of Measure Acres Acres Units 276.4 42.6 Actual Value Assessed Value 319 $9,448 $2,740 No Buildings on Parcel http://maps2.merrick.com/Website/W e1d/setSgl.asp?cmd=QUERY&DET=PP&pin=13050... 7/18/2008 Identify Results • • Page 1 of 1 Account#: R5066986 Owners Name & Address: PROSPECT FARMS II HOLDINGS LLC 4643 S ULSTER ST STE 1300 DENVER, CO 80237 Business/Complex: Parcel Valuation Legal Description Property Address: Street: City: Parcel#: 130505000010 8362 W2 5 2 64 EXC UPRR RES (1SHT) Land Value Imor. Velue Total Value $9,448 $9,448 Total Taxes: $172.18 Land Assessed Value I�r. Assessed Value Total Assessed Value Amount Due: $172.18 $2,740 $Q $2,740 Tax Area: Bordering County: Township Range Section Quart. Sec. Subdivison Name Block# Lot# 02-64-05-0 Land Subtotal: Acres:319 Sale Price Sale Date $867,300 12/4/2007 Deed Type WD Reception # 3521878 http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=Parcel&pin=13... 7/18/2008 Weld County - Assessor - Airship Transfer Document Search • Page 1 of 1 Home > Departments > Assessor > Ownership Transfer Document Search • • Home Services Departments About Weld ,!, Property Information Contact Us Assessors Office ►Tornado Damage Reporting ►Assessment Reports Improved Property Sales Search ►Vacant Property Sales Search ►Ownership Transfer Listings IF Ownership Transfer Search by Individual Account/Parcel IF Block Book Search ►Property Card Search ► Forms Frequently Asked Ouestions ►Personal Property and Oil and Gas Declaration Forms !Property Info &..Mapping IF Senior Tax Exemption Disabled Veterans Tax Exemption Address: 1400 N. 17th Avenue Greeley, CO 80631 Phone: (970)353-3845 Ext. 3650 Fax: (970)304-6433 Office Hours: 8:00 a.m. - 5:00 p.m. Monday - Friday Southwest Service Center Address: 4209 CR 24.5 Longmont, CO 80504 By Appointment Only Phone: 970-353-3845 ext 3650 Ownership Transfer Document Search This Search Returned 4 Records! Account: R5066986 Grantor: Parcel: 130505000010 SARCHET DENNY W & Reception: 3521878 Grantee: Sale Price: $867,300.00 PROSPECT FARMS II HOLDINGS LLC Grantor: SARCHET DENNY W & LAVADA 1/2 I Grantee: SARCHET DENNY W & LAVADA Grantor: DILORENZO PASQUALE A & GLOVER Grantee: SARCHET DENNY W & LAVADA Grantor: FORT LUPTON STATE BANK Grantee: DILORENZE PASQUALE A & GLOVER Account: R5066986 Parcel: 130505000010 Reception: 02346943 Sale Price: $9,900.00 Account: R5066986 Parcel: 130505000010 Reception: 02252151 Sale Price: $92,000.00 Account: R5066986 Parcel: 130505000010 Reception: 02117684 Sale Price: $85,000.00 Assessor Christopher M. Woodruff 1400 N. 17th Avenue Greeley, CO 80631 Phone: 970-353-3845 ext 3650 Fax: 970-304-6433 cwoodruffOco.weld.co.us Sales Date: 12/04/07 Doc Date: 12/05/07 Doc Fee: 86.73 Deed Type: WD Sales Date: 08/18/93 Doc Date: 08/19/93 Doc Fee: 0.99 Deed Type: Sales Date: 05/04/91 Doc Date: 06/04/91 Doc Fee: 9.2 Deed Type: Sales Date: 10/06/87 Doc Date: 10/14/87 Doc Fee: 8.5 Deed Type: http://www.co.weld.co.us/departments/assessor/asr_transfers.cfm 7/18/2008 Treasurer's Tax Search Res.Page • Page 1 of 1 • • welcome to Were County, Colorado Departments About Weld Property Information Home > Departments > Treasurer's Office > Tax _Search > Tax Search Results Tax Search Results You Searched by Parcel Number: 130505000010 Tax Year: 2007 payable in 2008 Account No. Parcel No. 050670.86 P0000221 00265794 P3927907 P00201.19 03927907 R5066986 130505000010 130505000010 130505000010 130505000.010 130505000010 130505000010 130505000010 Contact Us Legal Owner Name Property Location City Address Kerr-mcgee Oil &Gas Onshore Lp Weld View Legal Kerr-mcgee Oil & Gas Onshore Lp Weld View Legal Noble_Energnc Weld View Legal Noble Energy Inc Weld View Legal Noble Energy Inc Weld View Legal Noble Energy Inc Weld View Legal Sarchet Denny W & Weld View Legal https://www.co.weld.co.us/departments/treasurer/tax/tax_results.cfm 7/18/2008 Treasurer's Tax Search Res."age S Page I of 1 tt'cicomc to Weld Comity, Colorado Home Services Departments About Weld Y Property Information Contact Us Home > Departments > Treasurer's Office > Tax. Search > Tax Search Results Tax Search Details Information for tax year: 2007 payable in 2008 Property Information Owner Name: SARCHET DENNY W & Address: City: Weld County, CO Account Number: R5066986 Parcel Number: 130505000010 Legal Address: 8362 w2 5 2 64 exc uprr res (lsht) Value Information Actual Land Value $9,448.00 Assessed Land Value $2,740.00 Actual Improved Value $0.00 Assessed Improved Value $0.00 Actual Total Value $9,448.00 Assessed Total Value $2,740.00 Payment Information Total Tax Amount: $177.18 Full Interest Fee: $5.17 Prior Year Taxes Charged: $165.44 First Half Amount: $0.00 Interest on First $4.30 Half: Second Half Amount: SR. Exemption: Full Amount Paid: Current Balance: $0.00 $0.00 $0.00 $182.35 Half Balance: $92.89 Full Balance: $182.35 F any of the following fields are "YES" please contact the Treasurer's Office for more information. Tax Status Tax Liens: No Tax Area 2442 Prior Taxes Due: No Senior Homestead Exemption: No Special Improvement Tax: No Mill Levy 62.837 Personal Property Penalty: No Property Transfer Declaration No Database Last Updated at: 03:06 AM on July 18, 2008 https://www.co.weld.co.us/departments/treasurer/tax/tax_results.cfin?ACCOUNTNO=R50... 7/18/2008 • Report Date: 01/23/2008 02:50PM WELD COUNTY TREASURER CERTIFICATE OF TAXES DUE Page: 1 CERT #: 1156 SCHEDULE NO: R5066986 ASSESSED TO: SARCHET DENNY W & 21581 CR 30 HUDSON, CO 80642 ORDER NO: JF COMPANIES VENDOR NO: 77 FIDELITY NATIONAL TITLE 8450 E CRESCENT PKWY STE 410 GREENWOOD VILLAGE CO 80111 LEGAL DESCRIPTION: 8362 W2 5 2 64 EXC UPRR RES (1 PARCEL: 130505000010 TAX YEAR CHARGE 2007 TAX TOTAL TAXES SHT) SITUS ADD: TAX AMOUNT INTEREST FEES 172.18 0.00 0.00 PAID TOTAL DUE 0.00 172.18 172.18 GRAND TOTAL DUE GOOD THROUGH 01/23/2008 ORIGINAL TAX BILLING FOR 2007 TAX DISTRICT 2442 - Authority Mill Levy WELD COUNTY 16.804* SCHOOL DIST RE3J 30.708 S. E. WELD FIRE 5.764 AIMS JUNIOR COL 6.308 WELD LIBRARY 3.253 172.18 TAXES FOR 2007 * Credit Levy Amount Values Actual Assessed 46.05 AGRICULTURAL 9,448 2,740 84.15 15.79 TOTAL 9,448 2,740 17.28 8.91 62.837* 172.18 FEE FOR THIS CERTIFICATE 10.00 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 TREASURERS OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES - AUGUST 1, REAL PROPERTY - AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. SPECIAL TAXING DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE ON FILE WITH THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK, OR THE COUNTY ASSESSOR. •This certificate does not include land or improvements assessed under a separate account number, personal property taxes, transfer tax or misc. tax collected on behalf of other entities, special or local improvement district assessments or mobile homes, unless specifically mentioned. I, the undersigned, do hereby certify that the entire amount of taxes due upon the above described parcels of real property and all outstanding sales for unpaid taxes as shown by the records in my office from which the same may still be redeemed with the amount required for redemption are as noted herein. In witness whereof, I have hereunto set my hand and seal this 23rd day of January, 2008. TREASURER, WELD, JOHN R. LEFEBVRE, BY: P.O. Box 458 Greeley, CO 80632 (970) 353-3845 ext. 3290 • fof-4 • Operating Agreement of Prospect Farms II Holdings LLC, a Colorado limited liability company • • • • Table of Contents • • • 1. Formation; Powers 2. Name, Principal Place of Business, Registered Office and Registered Agent 1 3. Term of Company 4. Maintenance of Books, Records, Reports and Accounts; Tax Returns; Bank Accounts1 4.1 Books of Account. 4.2 Location of Books 1 4.3 Records 2 4.4 Reports. 2 4.5 Tax Returns 3 4.6 Tax Matters Member 3 4.7 Custody of Company Funds; Bank Accounts 3 5. Company Capital 4 5.1 Initial Capital Contributions. 4 5.2 Additional Capital Contributions 4 5.3 Loans by Members of Company 5 5.4 No Interest on Capital Accounts. 5 5.5 Withdrawal or Reduction of Members' Contributions to Capital. 5 5.6 Company Debt Liability. 5 5.7 Guarantee by Manager 5 6. Distributions 5 6.1 Cash Available for Distribution 5 6.2 Distributions in Liquidation 6 6.3 Distributions in Kind 7 6.4 Limitation Upon Distributions 7 7. Allocation of Profits and Losses 7 7.1 Profits 7 7.2 Losses 7 7.3 Limitation on Losses 8 7.4 Special Allocations. 8 7.5 Curative Allocations. 10 7.6 Tax Allocations ..12 7.7 Credit Allocations. 12 7.8 Income Tax Consequences. 13 7.9 Transfer of Percentage Interests 13 8. Rights and Duties of Manager(s) and Members13 8.1 Management 13 8.2 Number, Tenure and Qualifications 13 8.3 Certain Powers of Manager(s). 13 8.4 Acts Requiring the Unanimous Consent of the Members of the Company 16 8.5 Liability for Certain Acts16 8.6 Manager(s)' and Members' Other Activities and Conflicts of Interest. 16 8.7 Indemnity of the Manager(s) and Members 17 8.8 Resignation. 18 8.9 Removal. 18 8.10 Vacancies. 18 8.11 Salaries 18 • • • • • 8.12 No Management by Members 18 8.13 Limitation of Liability 19 8.14 List of Members19 8.15 Priority and Return of Capital 19 8.16 Annual Meetings 19 8.17 Special Meetings 19 8.18 Place of Meetings 19 8.19 Meetings by Telecommunications. 19 8.20 Notice of Meetings 19 8.21 Meeting of All Members 19 8.22 Record Date. 20 8.23 Quorum. 20 8.24 Manner of Acting 20 8.25 Proxies 20 8.26 Action by Members Without a Meeting. 20 8.27 Action by Manager(s) Without a Meeting 21 8.28 Waiver of Notice 21 8.29 Power of Attorney 21 8.30 Deadlock. 21 9. Default and Remedies 21 9.1 Events of Default. 21 9.2 Remedies for Default. 22 9.3 Other Consequences of Default; Miscellaneous. 23 9.4 Purchase of Defaulting Member's Company Interest. 23 9.5 Default by an Assertive Act, 25 10. Withdrawal 25 10.1 Withdrawal of Members; Waiver of Partition. 25 10.2 Covenant Not to Withdraw or Dissolve 26 10.3 Consequences of Violation of Covenant 26 10.4 No Bonding 27 11. Admission of Additional Members 27 12. Restrictions on Transfer 28 12.1 Disposition28 12.2 Permitted Transferees. 28 12.3 Death, Dissolution or Incompetency of a Member 29 12.4 Limitations. 29 13. Encumbrance of Company Interest29 13.1 Encumbrances by a Member 29 13.2 Debt Among Members 30 14. Dissolution and Termination 30 14.1 Dissolution30 14.2 Effect of Filing of Dissolving Statement. 30 14.3 Distribution of Assets Upon Dissolution31 14.4 Articles of Dissolution. 31 14.5 Filing of Articles of Dissolution. 31 14.6 Winding Up 32 15. Notices and Addresses 32 ii • • S 16. Buy/Sell Agreement; Right of First Refusal 32 16.1 Exclusive Right to Purchase. 32 16.2 Purchase Price 32 16.3 Third Party Offer; Right of First Refusal 33 16.4 Form of Assignment. 34 16.5 Failure to Tender Purchase Price. 34 16.6 Failure to Deliver Assignment 35 16.7 Restrictions on Right to Give Separation Notice35 17. Definitions 35 17.1 Act 35 17.2 Additional Capital Contributions 35 17.3 Additional Member 35 17.4 Adjusted Capital Account Deficit35 17.5 Advancing Member. 36 17.6 Affiliate36 17.7 Agreement 36 17.8 Applicable Federal Rate 36 17.9 Articles of Organization 36 17.10 Basic Regulatory Allocations. 36 17.11 Breaching Member 36 17.12 Capital Account. 36 17.13 Capital Contribution 39 17.14 Cash Available for Distribution 39 17.15 Code . 39 17.16 Company39 17.17 Company Accounting Year 39 17.18 Company's Accountants 39 17.19 Company Credit39 17.20 Company Interest. 40 17.21 Company Minimum Gain. 40 17.22 Company Property 41 17.23 Defaulting Member41 17.24 Intentionally Omitted. 41 17.25 Intentionally Omitted. 41 17.26 Intentionally Omitted. 41 17.27 Depreciation 41 17.28 Event of Default 41 17.29 Fair Market Value of the Assets of the Company 41 17.30 Fair Market Value of the Company. 42 17.31 Gross Asset Value 42 17.32 Initial Capital Contribution42 17.33 Liquidating Member. 42 17.34 Liquidation Proceeds. 43 17.35 Manager. 43 17.36 Members(s). 43 17.37 Member Minimum Gain. 43 17.38 Member Nonrecourse Debt 44 iii • • • • 17.39 Member Nonrecourse Deductions. 44 17.40 Member Nonrecourse Regulatory Allocations. 45 17.41 Negotiation Period. 45 17.42 Nonrecourse Deductions 45 17.43 Nonrecourse Regulatory Allocations46 17.44 Operating Agreement 46 17.45 Percentage Interest 46 17.46 Percentage Interest Adjustment. 46 17.47 Permitted Transferee. 46 17.48 Person 46 17.49 Profits and Losses. 46 17.50 Purchase Notice. 47 17.51 Purchase Price 47 17.52 Regulatory Allocations. 47 17.53 Share of Company Minimum Gain 47 17.54 Share of Member Minimum Gain 48 17.55 Stated Fair Market Value of the Assets of the Company 48 17.56 Stated Fair Market Value of the Company. 48 17.57 Substituted Member 48 17.58 Tax Matters Member 49 17.59 Transfer and Transferred 49 17.60 Transferee. 49 17.61 Transferring Member. 49 17.62 Transferor 49 17.63 Value Report. 49 17.64 Withdrawal Event. 49 17.63 Minimum Tax Distribution 49 18. Elections 49 18.1 Subchapter K 49 18.2 Code § 754 Election and Other Company Elections. 49 18.3 Election to Amortize Organizational Expenditures. 50 19. Miscellaneous 50 19.1 Counterparts 50 19.2 Arbitration 50 19.3 Amendments. 50 19.4 Benefits and Burdens. 50 19.5 Captions. 50 19.6 Construction51 19.7 Severability. 51 19.8 Choice of Law 51 19.9 Disclosure of Direct and Indirect Ownership Structure and Percentage of Ownership of Member. 51 20. Single Purpose Entity Requirements and Limitations on the Company 52 • iv • • • • • Operating Agreement of Prospect Farms II Holdings LLC, a Colorado limited liability company This Operating Agreement (this "Operating Agreement") of Prospect Farms II Holdings LLC, a Colorado limited liability company, (the "Company") is executed on the date or dates indicated below, to be effective as of August 17, 2007, by the Manager(s) and by those Persons listed on Exhibit A (the "Members"). 1. Formation; Powers. The Members have formed the Company under and pursuant to the Act. The purpose of the Company is limited solely (i) owning, holding, selling, leasing, transferring, exchanging, operating and managing the certain water rights located in Adams County, Colorado, known as Prospect Farms II Water Rights and more particularly described in that certain deed of trust given in connection with the Loan, (ii) entering into the First Mortgage Loan (as described defined in Section 20 below) with FORTRESS CREDIT CORP., a Delaware corporation, together with its successors and/or assigns ("Fortress") in the original principal amount of $75,000,000.00, and (iii) transacting any and all lawful business that is incident, necessary and appropriate to accomplish the foregoing. 2. Name, Principal Place of Business, Registered Office and Registered Agent. The name of the Company shall be Prospect Farms II Holdings LLC and the principal place of business of the Company shall be 4643 S. Ulster Street, Suite 1300, Denver, Colorado 80237. The registered office of the Company shall be located at 4643 S. Ulster Street, Suite 1300, Denver, Colorado 80237, and Jean M. Gold shall act as registered agent for service of process on the Company. 3. Term of Company. The Company commenced on the date of filing the Articles of Organization. The business of the Company shall continue uninterrupted from such date until terminated under the terms and provisions of Section 14. 4. Maintenance of Books, Records. Reports and Accounts; Tax Returns; Bank Accounts. 4.1 Books of Account. At all times the Manager(s) shall maintain or cause to be maintained true and proper books, records, reports and accounts, in which shall be entered fully and accurately all transactions of the Company. 4.2 Location of Books. The Manager(s) shall keep the books and records of the Company at the Company's principal place of business, including but not limited to: (a) a current list of the full name and last known mailing address of each Member; (b) a copy of the Articles of Organization and all amendments thereto, together with executed copies of any powers of attorney pursuant to which any amendment has been executed; (c) copies of the Company's federal, state and local income tax returns and reports, if any, for the three (3) most recent Company Accounting Years; (d) copies of the Operating Agreement and any amendments thereto; (e) the accounting books and records, and copies of the financial statements of the • • • • • 7.8 Income Tax Consequences. The Members are aware of the income tax consequences of the allocations made by this Section 7 and hereby agree to be bound by the provisions of this Section 7 in reporting their share of Company Profits and Loss for income tax purposes. 7.9 Transfer of Percentage Interests. Subject to Code § 706, if a Percentage Interest is Transferred during a Company Accounting Year, that part of the Company's Profits and Losses (including, for income tax purposes, all items of income, gain, loss and deduction) and items of Company Credit allocated pursuant to this Section 7 with respect to the interest so transferred shall be allocated between the Transferor and the Transferee who acquires such interest in proportion to the number of days in such year during which each owned such interest as disclosed in the Company's records. Subject to Code § 706, the allocation required by this Section 7.9 shall be made without regard: (a) to the results of Company operations during particular periods of such Company Accounting Year or (b) to Company distributions made to the Transferor or Transferee. Notwithstanding the foregoing, but subject to Code § 706, items of Company Profits or Losses earned or incurred on the sale, exchange or other disposition of any Company asset other than in the ordinary course of the Company's business, and items of Company Credit, shall be allocated to the Member or Transferee owning the Percentage Interest at the time of the closing of said sale, exchange or other disposition of such Company asset other than in the ordinary course of the Company's business, or at the time the property with respect to which a credit is allowed is placed in service. 8. Rights and Duties of Manager(s) and Members. 8.1 Management. Subject to the limitations in Section 8.4, the business and affairs of the Company shall be managed by its designated Manager(s). The Manager(s) shall direct, manage and control the business of the Company to the best of Manager's ability and shall have full and complete authority, power and discretion to make any and all decisions and to do any and all things which the Manager(s) shall deem to be reasonably required in light of the Company's business and objectives. Any action to be taken pursuant to this Operating Agreement by the Manager(s) may be taken by either Manager. The signature of either of the Manager(s) is sufficient when acting on behalf of the Company. 8.2 Number, Tenure and Qualifications. The Company initially shall have one (1) Manager, Joel H. Farkas, who shall serve until his resignation pursuant to Section 8.8 or removal pursuant to Section 8.9 of this Operating Agreement. 8.3 Certain Powers of Manager(s). The Manager, as authorized by and subject to the terms of this Operating Agreement, shall have all necessary powers to carry out the purposes, business, and objectives of the Company. Subject to Section 8.3 and by way of example only and not limitation, and subject to all of the provisions of this Operating Agreement, the Company, through its Manager(s), have the power to: (a) conduct its business, carry on its operations and have and exercise the powers granted to a limited liability company by the Act in any state, territory, district or possession of the United States; 13 • •� • • • (d) the authenticity of any copy of the Articles, this Operating Agreement, amendments thereto and any other document relating to the conduct of the affairs of the Company; or (e) any act or failure to act by the Company or as to any other matters whatsoever involving the Company. 8.4 Acts Requiring the Unanimous Consent of the Members of Company. Notwithstanding anything to the contrary contained elsewhere in this Operating Agreement and subject to the provisions of this Section 8.4, the following acts shall require the prior notice and approval of the Manager(s) and a unanimous consent of the Members: (a) The sale of all or substantially all of the assets of any of the Company; provided, however, that the Manager(s) may engage in the systematic sale of Prospect Farms II Water Rights in accordance with the projections and marketing and sales plan set forth in the Annual Budget as defined in the Loan Agreement. (b) The merger with any unrelated business entity. (c) The alteration or amendment of this Operating Agreement, the Articles or any other operative documents of the Company that cause that affect the Profits of the Members. (d) Except as provided for in Article 5, the requirement of any additional Capital Contributions from any Member of the Company. 8.5 Liability for Certain Acts. Each Manager shall exercise such Manager's business judgment in managing the business, operations and affairs of the Company. Unless fraud, deceit, gross negligence, willful misconduct or a wrongful taking shall be found or held by a nonappealable court order, judgment, decree or decision, a Manager shall not be liable or obligated to the Members for any mistake of fact or judgment or for the doing of any act or the failure to do any act by the Manager in conducting the business, operations and affairs of the Company, which may cause or result in any loss or damage to the Company or its Members. A Manager does not, in any way, guarantee the return of the Members' Capital Contributions or a profit for the Members from the operations of the Company. A Manager shall not be responsible to any Member because of a loss of such Member's investment or a loss in operations, unless the loss shall have been the result of fraud, deceit, gross negligence, willful misconduct or a wrongful taking by the Manager found or held as set forth in this Section 8.5. A Manager shall incur no liability to the Company or to any of the Members as a result of engaging in any other business or venture. 8.6 Manager(s)' and Members' Other Activities and Conflicts of Interest. The parties understand that the Manager(s) and the Members may have other business activities which take the major portion of their time devoted to business matters. Accordingly, each Manager or Member is required to expend on behalf of the Company only such efforts as such Manager or Member shall, in such Manager's or Member's discretion, determine to be appropriate for the proper conduct of Company affairs. Further, it is acknowledged that any 16 • • • (h) To the extent permissible under applicable federal and state tax law, the vote of a majority in interest of the remaining partners is sufficient to continue the life of the Company. (i) Notwithstanding any other provision of this Operating Agreement to the contrary, so long as the First Mortgage Loan is outstanding, no partner of the Company may transfer any direct or indirect ownership interest in the Company such that the transferee owns more than a 49% interest in the Company (or such other interest as specified in the Loan Agreement) unless such transfer is conditioned upon the delivery of any acceptable Non - Consolidation Opinion (as defined below) to the Lender and to any nationally recognized rating agency which has been requested by the Lender or any transferee of the Lender to rate any issue of securities issued in respect of a pool of mortgage loans which includes the First Mortgage Loan (the "Certificates") and which is then rating, or expected to rate, such Certificates (individually, a "Rating Agency"), concerning, as applicable, the Company, the new transferee and/or their respective owners. a) Notwithstanding anything to the contrary in this Operating Agreement or in any other document governing the formation, management or operation of the Company, for so long as the Loan is outstanding, neither the Members, Manager(s) nor the Company shall amend, alter, change any of Sections 1, 2, 2.5, 8.3, 8.4, 19.3, and 20 of this Agreement (the "Special Purpose Provisions"), or any other provision of this or any other document governing the formation, management or operation of the Company in a manner that is inconsistent with any of the Special Purpose Provisions, unless Fortress Credit Corp., consents in writing. In the event of any conflict between any of the Special Purpose Provisions and any other provision of this or any other document governing the formation, management or operation of the Company, the Special Purpose Provisions shall control. For purposes of this Section 21(f), "Non -Consolidation Opinion" shall mean opinion of counsel of the Company (reasonably satisfactory to the Lender and each Rating Agency in form and substance, from counsel reasonably satisfactory to the Lender and each Rating Agency and containing assumptions, limitations and qualifications customary for opinions of such type) to the effect that a court of competent jurisdiction in a proceeding under the United States Bankruptcy Code would not consolidate the assets and liabilities of the Company with those of any partner or affiliate thereof which became a debtor under the United States Bankruptcy Code, and if applicable to the Company, that any such transfer would not be a fraudulent conveyance under the United States Bankruptcy Code. In Witness Whereof, this instrument has been executed by or on behalf of the Manager(s) and the Members on the date or dates indicated below to be effective the 27`h day of August, 2007. • 56 • Joel H. Far as, Manager MEMBES: 515 Capital LLC, a Colon .: i ' ited liability company Jo H. Farkas, Manager SPE Prospect Farms II LLC, a Color. - . ited liability company By. • Joel H. Farkas, Manager Cpie LLC, a Colorado B i 57 stopher ' . Paulson, Manager • • • A-2 Amendment #2- August 2008 c 5- L F, e co a) Ea a In o W a O GJ 0 D GJ = ,x X 2 W ru 1n� e Z r o oo N N D 1 a �� • • • A.G. Wisenaar Geotechnical and Environmental Consultants JF Companies 4643 South Ulster Street, Suite 1300 Denver, Colorado 80237 Attention: Mr. G. Paull Nation Mr. Nation: • 2180 South Ivanhoe Street, Suite 5 Denver, Colorado 80222-5710 303-759-8373 Fax 303-759-4874 www.agwassenaar.com September 19, 2007 Project Number E07517.EI Enclosed are three (one unbound and two bound) copies of the Phase I Environmental Site Assessment for the proposed Pioneer Communities to be located at the western half of Section 5, Township 2 North, Range 64 West. The study was conducted under normal conditions. Enclosed is our invoice for the services rendered. If you have detected any problem whatsoever with any of the work we have done for you or with our ability to maintain schedule and budget, please let me know immediately. Otherwise, we look forward to your payment of this invoice within 30 days. We have appreciated the opportunity to provide this service for you. If you have any questions or need additional information, please contact our office. BJG/jab/dd Enclosures (3) Statement of Services Sincerely, A. G. WASSENAAR, INC. Bri T. Glade, P.E. Vic President A.G. Wassenaar • 2180 South Ivanhoe Street. Suite 5 Denver, Colorado 80222-5710 303-759-8373 Fax 303.759.4874 Geotechnical and Environmental Consultants [tj,�( � www.agwassenaar.com • PHASE I ENVIRONMENTAL SITE ASSESSMENT PIONEER COMMUNITIES WEST HALF OF SECTION 5, TOWNSHIP 2 NORTH, RANGE 64 WEST WELD COUNTY, COLORADO • PREPARED FOR JF COMPANIES 4643 SOUTH ULSTER STREET, SUITE 1300 DENVER, COLORADO 80237 SEPTEMBER 18, 2007 PROJECT NUMBER E07517.E1 • • • • • • TABLE OF CONTENTS TITLE PAGE EXECUTIVE SUMMARY 1.0 INTRODUCTION 2.0 PURPOSE AND SCOPE OF WORK 1 3.0 SITE DESCRIPTION 2 4.0 SITE RECONNAISSANCE 3 4.1 Propci _ ty Grounds 3 4.2 Surrounding Properties 5 5.0 INTERVIEWS 5 6.0 SITE HISTORY 6 6.1 USGS Topographical Maps 7 6.2 Cultural Feature Maps 7 7.0 PUBLIC RECORDS REVIEW 8 7.1 Oil and Gas Production Wells 10 7.2 Unmapped Sites 11 8.0 ENVIRONMENTAL LIENS 11 9.0 FINDINGS AND OPINION 11 10.0 CONCLUSION 12 11.0 LIMITATIONS 13 12.0 DEVIATIONS 14 FIGURES 1 SITE MAP ATTACHMENTS A. PHOTOGRAPHS B. HISTORICAL RESEARCH MAPS C. PUBLIC RECORDS RESEARCH D. COGCC RECORDS FOR WELLS ON THE SUBJECT PROPERTY E. USER QUESTIONNAIRE FOR LANDOWNER LIABILITY PROTECTIONS F. QUALIFICATIONS G. REFERENCES • • • EXECUTIVE SUMMARY At the request of JF Companies, A. G. Wassenaar, Inc. (AGW) conducted a Phase I Environmental Site Assessment (ESA) of the subject property, identified as Pioneer Communities, which is comprised of the west half of Section 5, Township 2 North, Range 64 West, located in Weld County, Colorado. The property was evaluated for potentially significant on -site environmental contamination through a property inspection, interviews with individuals associated with the site, a review of historical property uses, and a review of environmental records available from government agencies. AGW's inspection included visual and physical observations of the subject property to identify possible contamination or contamination sources, and a drive -by survey of the nearby area. The subject property consists of roughly 318 acres of land which is currently used for grazing purposes. One shed and windmill are located on the subject property. The shed is in poor condition, as the roof has collapsed. A well associated with the windmill was not observed during the site visit, however, one is likely present on the property. This well should be properly closed prior to development of the site. Two gas wells, and their associated tank batteries are located on the subject property. Native grasses, brush, yucca, cacti, and scrub oak vegetate the subject property. The National Flood Insurance Program identifies portions of the subject property within the flood hazard area inundated by 100 -year floods. This characteristic of the subject property should be considered in the planning of future development. The subject property was predominantly surrounded by vacant agricultural property, large lot residential properties, and oil and gas wells / batteries. The town of Hudson is located less than five miles southwest of the subject property, south of Interstate 76. • • • • • Historical research for the subject property revealed that the site has been historically used for grazing purposes and for natural gas production. Records of the U. S. Environmental Protection Agency, the Colorado Department of Public Health & Environment, the Colorado Department of Labor and Employment, and the Colorado Oil and Gas Conservation Commission were evaluated for information on hazardous materials and land sources of pollutants/hazards of potential concern, including known complaints and spills. A review of public records maintained by these agencies did not reveal any potential off -site sources of contamination within one mile of the subject property. AGW performed the Phase I Environmental Site Assessment in general conformance with the scope -of -work and limitations of American Society of Testing and Materials (ASTM), Standard Practice Designation E 1527-05 for the property, identified as the Pioneer Communities, comprised of the west half of Section 5, Township 2 North, Range 64 West, located in Weld County, Colorado. Any exceptions or deletions from this practice are described in Section 12.0 of this report. This assessment has revealed no evidence of recognized environmental conditions in connection with the property, with the exception of the following; Two gas wells and batteries are located on the subject property. AGW believes these wells and batteries, as well as their associated network of underground transmission lines, pose a potential environmental threat to the natural resources of the subject property. ii • • • • • Additionally, the subject property is surrounded by numerous wells and batteries. AGW identifies these wells and batteries as a potential environmental threat to the natural resources of the subject property. This report was written to summarize AGW's findings during a Phase I Environmental Site Assessment of the subject site. Although AGW completes thorough studies, no warranty is made of the accuracy, completeness, and timeliness of information obtained from government or third party sources. No parties, except the Client, are authorized to review this report unless they agree to waive any possible claims against A. G. Wassenaar, Inc., arising from such use. iii • • • Phase I Environmental Site Assessment Pioneer Communities Weld County, Colorado September 18, 2007 1.0 INTRODUCTION As requested, A. G. Wassenaar, Inc. (AGW) has completed a Phase I Environmental Site Assessment (ESA) for the subject property identified as Pioneer Communities, which is comprised of the west half of Section 5, Township 2 North, Range 64 West, located in Weld County, Colorado, Colorado. The project was conducted for JF Companies. 2.0 PURPOSE AND SCOPE OF WORK AGW's assessment is designed to be in general accordance with Phase I ESAs as established by the American Society of Testing and Materials (ASTM), Standard Practice Designation E 1527-05. The assessment consists of a site reconnaissance to identify potential environmental problems; interviews with individuals having knowledge of the subject site; a review of publicly available records pertaining to environmental resources at the subject site; and a report documenting AGW's findings, opinion, and conclusions. This report will identify recognized environmental conditions which have been identified in relation to the subject property (if any) and provide recommendations for any further action. The term recognized environmental condition is defined as the presence or likely presence of any hazardous substances or petroleum products on the property under conditions that indicate an existing release, past release, or material threat of a release of any hazardous substances or petroleum products into structures on the property or into the ground, ground water, or surface water of the property. The term includes hazardous substances or petroleum products even under conditions in compliance with laws. • • • • • The term is not intended to include de minimus conditions that generally do not present a material risk of harm to public health or the environment and that generally would not be the subject of enforcement action if brought to the attention of appropriate government agencies. The report will also identify historical recognized environmental conditions, environmental conditions which in the past would have been recognized environmental conditions, but which may or may not be considered recognized environmental conditions currently. 3.0 SITE DESCRIPTION The subject property can generally be described as the west half of Section 5, Township 2 North, Range 64 West of the Sixth Principal Meridian. The site is comprised of approximately 319 acres situated north of Interstate 76 and about 4.6 miles northwest of Keenesburg, Colorado. Physical setting information for the site is described in Table I below. Table I Physical Settin Elevation of Subject Property Approximately 4,840 feet above mean sea level Source: USGS Topographic Maps, Klug Ranch, Colorado, 1950 (photorevised 1978) Topographic Gradient Gentle slope to the northwest Closest Surface Water Klug Lake lies approximately 1.2 miles southwest of the subject property boundary, Box Elder Creek extends north and south of Klug Lake, an intermittent stream flows across the subject property from southeast to northwest FEMA Agency Flood Insurance Rate Map Zone The central portion of the subject property surrounding the intermittent stream lies within Zone A: Areas of 100 year flood. The remaining areas of the property lie within Zone C: Areas of minimal flooding. Source: FEMA Panel #0802660900C • • • • • The National Flood Insurance Program identifies portions of the subject property within the flood hazard area inundated by 100 -year floods. This characteristic of the subject property should be considered in the planning of future development. 4.0 SITE RECONNAISSANCE Ms. Julie Brungardt with AGW inspected the property on August 21, 2007. The inspection included a complete visual survey of the subject property (including a physical inspection of the property grounds for visible signs of contamination or contamination sources), as well as a drive -by survey of the nearby area. A maps of the property is included as Figure 1 of this report, and photographs taken during the site visit are included in Attachment A. 4.1 Property Grounds The subject property is rectangular shaped and consists of approximately 319 acres of land currently used for cattle grazing. Site reconnaissance observations are in Table ll below and shown in Figure 1 and Attachment A of this report. Table II Site Reconnaissance Observations Current use Grazing, gas production Configuration Rectangular shaped parcel Vegetation The site was dominated by native grasses and brush, sagebrush, yucca, cacti Drainages Dry drainage traverses the center of the site from south to north Structures or other improvements on the subject property One shed, two gas wells, two batteries, windmill Roads adjoining the property and roads, streets, parking facilities on subject property Dirt roads providing access to the wells traverse the site from south to north Debris Inert debris noted • • • Table II (continued) Site Reconnaissance Observations Hazardous substances and petroleum products stored on the subject property Two batteries located onsite Storage Tanks Two batteries located onsite Vent pipes None visible Utility lines Overhead power lines at southern boundary, buried natural gas transmission lines Odors None observed Pools of Liquid None Drums None observed Unidentified Substance Containers None observed PCBs None observed Pits, ponds, or lagoons None observed Wetlands None observed Stained soil or pavement Minor staining noted at wells and within berms of batteries Stressed vegetation None Wells Two gas wells, and 2 batteries were observed during the site visit. Well likely in place in association with the windmill, however, a well at this location was not visible at the time of the site visit. If present, all water wells should be properly abandoned and removed if development of the property is to occur. The subject property consists of roughly 318 acres of land which is currently used for grazing purposes. One shed and windmill are located on the subject property. The shed is in poor condition, as the roof has collapsed. A well associated with the windmill was not observed during the site visit, however, one is likely present on the property. This well should be properly closed prior to development of the site. Two gas wells, and their associated tank batteries are located on the subject property. Native grasses, brush, yucca, cacti, and scrub oak vegetate the subject property. • • • • • The two natural gas wells and the two batteries located on the subject property are identified as recognized environmental conditions. 4.2 Surrounding Properties The subject property was predominantly surrounded by vacant property within oil / gas fields, large lot residential homes, and land used for agricultural purposes. Newer residential homes were in place to the west. Interstate 76 is positioned less than two miles south of the southernmost property boundary. Downtown Hudson is in place directly south of Interstate 76, to the south and west of the subject property. The surrounding batteries, located in close proximity to subject property boundaries, are considered recognized environmental conditions in relation to the subject property. 5.0 INTERVIEWS Lynette Hanzlieck, Property Representative Ms. Julie Brungardt of AGW corresponded with Lynette Hanzlieck regarding the past uses of the subject property. Ms. Hanzlieck is the daughter of the current owners of the site, Denny and Mae Sarchet, who purchased the property in August 1993. To her knowledge, the site has been used for pasture / grazing purposes. Ms. Hanzlieck stated that Mr. and Mrs. Sarchet are unaware of any hazardous material storage on the site. Additionally, they are unaware of any environmental issues relating to the gas wells and batteries located on the property. The Sarchets do not know of any unofficial dumping occurring on the subject property, nor do they know of any storage tanks either historically or currently located on the site. • • • Robert Chesson, Colorado Oil and Gas Conservation Commission (COGCC) Ms. Brungardt spoke with Mr. Robert Chesson of COGCC on September 18, 2007, regarding the gas wells located on the subject property. Mr. Chesson indicated that the well identified as a "location" is a permitted well that has not yet been drilled. When the permit has expired, the well will become an abandoned location and will need to be re -permitted if the well will be drilled. Mr. Chesson indicated that from an environmental standpoint, there is no reason to be concerned about a well that has not been drilled. Based on this information, the third well on the subject property, which is identified as a "location" is not considered a recognized environmental condition in relation to the subject property. The two producing gas wells and batteries are considered recognized environmental conditions. 6.0 SITE HISTORY The historic land use of the subject property and the surrounding areas were examined with the purpose of interpreting, where possible, the past activities that have or may have negatively impacted the natural resources ofthe site. The references reviewed included: USGS topographical maps of Klug Ranch Quadrangle from 1951 and 1950 (photorevised 1971); and Cultural Feature maps from 1937/41, 1947, 1947/56, 1969/75, and 1969/80. These maps were obtained from Satisfi Environmental Information of Greenwood Village, Colorado and are included as an attachment to this report. • • • 6.1 USGS Topographical Maps Table III Topographical Maps USGS Topographical Map Direction Description Klug Ranch 7.5 minute map: 1950 Subject Property Vacant, an intermittent stream traverses the site from northwest to southeast North Vacant property East Vacant property South One well depicted to the south of the section line West Vacant property Mug Ranch 7.5 Subject Property No visible changes minute map: 1975 North No visible changes East No visible changes South No visible changes West Unimproved road traverses Section 6 from southwest to 6.2 Cultural Features Maps Table IV Cultural Feature Maps Map Direction 1937/41 Subject Property Vacant Description North Vacant East Vacant South Farm unit in place approximately one mile south / southwest West Farm unit in place approximately one mile west, at County Road 49 1947 Subject Property Vacant North No visible changes East No visible changes • • • Table IV (continued) Map Direction Description South No visible changes West No visible changes Vacant 1947/56 Subject Property North No visible changes East No visible changes South No visible changes West No visible changes Vacant 1969/80 Subject Property North No visible changes East No visible changes South Electrical lines in place along the southern section line West No visible changes Historical research for the subject property revealed that the site has been historically used for grazing purposes and for natural gas production. Two gas wells and batteries with storage tanks have been historically located on the property and adjacent properties. These wells and batteries are considered to be a recognized environmental condition in relation to the subject property. 7.0 PUBLIC RECORDS REVIEW A review of public records was completed by Satisfi Environmental Information (Satisfi) of Greenwood Village, Colorado. This record search was defined to meet or exceed the ASTM guidelines for a Phase I ESA records search. The search area defined by ASTM varies from adjacent properties to a maximum one -mile radius. Environmental records reviewed for this assessment includes the following: National Priorities List (NPL) Superfund sites; State equivalent NPL sites • • • • • (SPL); facilities investigated for potential releases of hazardous materials to the environment (Comprehensive Environmental Response, Compensation, and Liability Information System (CERCLIS) sites); hazardous waste facilities (RCRA sites); documented spills or hazardous releases; leaking underground storage tanks (LUSTs); registered underground and aboveground storage tanks (USTs/ASTs); solid or hazardous waste landfills; and Activity and Use Limitations (AULs). Summarized data follows with specific information and mapping details contained in Attachment C. Table V Summary of Publicly Available Environmental Records i3� s SK ek T "i""" s li t� -' M»i' (tlnr u3 `a'cT; S �i.£�✓.nb n tlis-- e Xi t4 .6 t-.5= >.. SR_.v Z It *�" -Gn' i$5'ef fir, v.t• NPL The National Priorities List (NPL) is the US EPA's database of uncontrolled or abandoned hazardous waste facilities that have been listed for priority remedial actions under the Superfund Program. 1.0 0 CORRACT The US EPA's Resource Conservation and Recovery Act (RCRA) database identifies facilities that are undergoing "corrective action". A "corrective action" order is issued when there has been a release of hazardous waste or constituents into the environment from a RCRA facility. 1.0 0 TSD The US EPA's Resource Conservation and Recovery Act (RCRA) database identifies facilities that treat, store, or dispose (TSD) of hazardous waste. 0.50 0 CERCLIS The CERCLIS database is a compilation of facilities that US EPA has or is currently investigating for a release or threatened release of hazardous substances subject to the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). 0.50 0 Spill The Emergency Response Notification System (ERNS) is a listing compiled by the US EPA and the Coast Guard's National Response Center of reported releases of petroleum and hazardous substances to the air, soil and/or water. 0.25 0 Generator The US EPA's Resource Conservation and Recovery Act (RCRA) database identifies facilities that generate hazardous waste. Large quantity generators (LOG) produce at least 1,000 kg/month of hazardous waste or 1 kg/ month of acutely hazardous waste. Small quantity generators (SQG) produce 100 to 1,000 kg/ month of hazardous waste. Conditionally exempt small quantity generators (CESQG) generate less than 100 kg/month of hazardous waste. 0.25 0 Other The US EPA's Resource Conservation and Recovery Act (RCRA) database also identifies facilities that are transporters of hazardous waste, former generators, and suspected generators. Non -generators that have been inspected or have sent in notifications are also included 0.25 0 'F+vf f Ls +h.' Yti yT rf f>q tyv IN Y s # ;.. .�.e r ��'?r'� �sc�''g z.� 'tt�`�'��rd b1 .F w Y g �:.}�i's-.�.- lac VCL State Voluntary Cleanup Lists include sites that are being cleaned up or that have applied for a No Action Determination from the State. 0.50 0 Solid waste State lists of solid waste facilities. This category also includes lists compiled from various local agencies. 0.50 0 Tank Leak State list of leaking underground storage tanks (LUSTs) and above - ground tank leaks. This category also includes LUST Trust sites where no responsible party has been identified, _ 0.50 0 • • Table V (continued) ^'ebya -3' SwA•-'�iL...u.-..- ... f.a._ ` G}:%`2L. .1 0.25 0 Tank State list of registered underground storage tanks (USTs) and above- ground storage tanks (ASTs). AUL Activity and Use Limitations include sites with either Engineering Controls or Institutional Controls that are intended to prevent exposure to contamination that has been left in place. 0.25 0 Oil and Gas Wells Colorado Oil and Gas Commission- In general, oil and gas production wells present an environmental hazard during all stages of their use, including: initial construction and development, production, and through underground or surface transport. At each stage of the process of oil and gas production, significant potential for hydrocarbon release is present on site 3 7.1 Oil and Gas Production Wells The Colorado Oil and Gas Conservation Commission reports three oil / gas wells located on the property. These wells are listed in Table VIII below. Table VI Gas Wells Facility Name/ Operator Name/ Status: Location Number Number PR= Producing (1/4 1/4 Section, Township, Range) XX = T nratinn Olsen Red Y #5-2D Noble Energy Production, Inc. - 10120 PR NENW 5 in T2N, R64W, On -site UPRR 53 Pan Am N #1 Kerr-McGee Oil & Gas Onshore LP - 47120 PR CSW 5 in T2N, R64W Olsen Y #5-51I Noble Energy Production, Inc. - 10120 XX SWNW 5 in T2N, R64W The two producing wells, as well as their batteries which are located on the subject property, are identified as recognized environmental condition. The third well, which is identified as a "location" has not been drilled, and therefore, this site is not identified by AGW as a recognized environmental condition. 10 • • • • Copies of COGCC records for wells on the subject property are included as an attachment to this report. 7.2 Unmapped Sites The Satisfi database search reports six unmapped sites. These sites are not plotted because Satisfi did not have adequate information about their locations. There is no information available to suggest that these sites are within one mile of the property. It is the opinion of AGW that these sites do not pose a significant risk of contamination to the subject property. 8.0 ENVIRONMENTAL LIENS On September 17, 2007, AGW corresponded with Mr. G. Paull Nation, with JF Companies, to inquire about any known environmental liens associated with the subject property. Mr. Nation indicated that he is unaware of any existing environmental liens associated with the subject property. A review of public records was completed by Satisfi. This record search was defined to meet or exceed the ASTM guidelines for a Phase I ESA record search. The search area defined by ASTM for activity and use limitations (AULs) is from adjacent properties to a maximum of a quarter -mile radius. The information reviewed for this assessment did not identify AULs associated with the subject property. 9.0 FINDINGS AND OPINION The site is approximately three hundred and nineteen acres in size and is situated north of Interstate 76 in Weld County, Colorado. The subject property is currently used for grazing purposes. One shed is located on the subject property, which appears to be in poor condition, as the roof has collapsed. Two gas wells, and their associated tank batteries are located on the subject property. Native grasses, brush, yucca, cacti, and scrub oak vegetate the subject property. 11 • • • • The majority of the subject property was vacant land historically used for grazing and agricultural purposes. The National Flood Insurance Program identifies portions of the subject property within the flood hazard area inundated by 100 -year floods. This characteristic of the subject property should be considered in the planning of future development. The subject property was surrounded by vacant agricultural property, large lot residences, and vacant land on which oil and gas wells have been installed. Historical research for the subject property revealed that the site has historically been used for grazing purposes, and gas production. A review of public records from government agencies did not reveal any possible off - site sources of contamination in within one mile of the subject property. 10.0 CONCLUSION We have performed a Phase I Environmental Site Assessment in general conformance with the scope - of -work and limitations of ASTM Practice E 1527-05 for the property identified as Pioneer Communities, comprised of the western half of Section 5, Township 2 north, Range 64 West of the sixth principal meridian. Any exceptions, or deletions from this practice are described in Section 12.0 of this report. This assessment has revealed no evidence of recognized environmental conditions in connection with the property, with the exception of the following; Two gas wells and batteries are located on the subject property. AGW believes these wells and batteries, as well as their associated network of underground transmission lines, pose a potential environmental threat to the natural resources of the subject property. 12 • • • • Additionally, the subject property is surrounded by numerous wells and batteries. AGW identifies these wells and batteries as a potential environmental threat to the natural resources of the subject property. 11.0 LIMITATIONS The professional judgements expressed in this report meet the standard of care for our profession. Environmental issues (among others) not included in the scope of work for this project include radon, lead -based paint, and wetlands and endangered species evaluations. The collection and specific laboratory analyses of environmental samples were not part of the scope of this Phase I Site Assessment; therefore, no specific quantitative environmental data was generated. AGW's assessment is limited to identifying potential environmental liabilities associated with the property of concern. Not identifying hazardous or toxic materials on the property should not be interpreted as a guarantee that these materials do not exist. It is merely a statement indicating that the probability of contamination on the subject property should be minimal based on site characteristics, and the historical and current uses of the site and surrounding areas. This opinion is rendered based upon property inspection, information from interviews with knowledgeable persons regarding property history, and information provided by governmental and regulatory agencies. Information is obtained on a reasonably ascertainable basis as it pertains to costs, timeliness, and availability, and is believed to be from reliable sources; however no responsibility is assumed for its accuracy since AGW was not retained to verify publicly available information. This Phase I ESA is valid for 180 days from its date of publication. This report should not be used after 180 days without investigation of conditions likely to affect recognized environmental conditions in connection with the property that may change materially after this Phase I ESA is completed. 13 • • • • 12.0 DEVIATIONS This Phase I Environmental Site Assessment has been completed in general accordance with ASTM Practice E1527-05. Thank you for the opportunity to serve you on this project. If you have any questions regarding the contents of this report or should you require additional information, please do not hesitate to call. Sincerely, A. G. WASSENAAR, INC. nvironmental nBerdt Scientist lie A. Brungardt Scientist Emily K. 7ruebner Environmental Geologist I declare that, to the best of my professional knowledge and belief, I meet the definition of Environmental Professional as defined in 312.10 of 40 CFR 312 and I have specific qualifications based on education, training, and experience to assess a property of the nature, history, and setting of the subject property. I have developed and performed the all appropriate inquiries in conformance with the standards and practices set forth in 40 CFR Part 312. JAB/EKT/dd Iti unlr4Fti; d[2a=]y5 A.G. enaar • = Well Battery = Well Head (only depicted on subject property) = Shed / Windmill = Overhead Electrical Lines .... = Subject Property Boundary • Geoterhnical and Environmental Consultants FIGURE 1 PHASE I ENVIRONMENTAL SITE ASSESSMENT PIONEER FARMS WEST 1/2 SECTION 5, TOWNSHIP 2 NORTH, RANGE 64 WEST AGW PROJECT NO. E07517.EC • • • ATTACHMENT A PHOTOGRAPHS • • • • • • • Shed and Windmill, Located on the Site Looking Across the Site to the South • • • • • Cattle Grazing on Subject Property Grounds Looking West Across the Subject Property • • • ATTACHMENT B HISTORICAL MAPS OBTAINED FROM SATISFI • • • • TOPOGRAPHIC MAPS 1950 7.5" Klug Ranch Quadrangle Earliest found. 1950 These 7.5' US Geological Survey maps covered most cities by the 1930's, and most remote areas by the 1960's. (Please note that maps are identified here by the year of the survey or aerial photo used to make or revise the map, rather than the year of publication.) Some maps changed names over time; to find them, a unique geographic index of the entire USGS collection Is searched. If the 7.5' maps do not go back to 1940, earlier 15' maps are included. Any adjoining maps within 1/8 mile of the Subject Property are also included. See Symbol Key Original scale = 1:24000 I -1 mile --------I NORTH ® 2007 Satisfl Inc 720-200-9472 Piopneer Communities, West 1/2, 55, T2N, R64W, Weld County, CO For A.G. Wassenaar TOPOGRAPHIC MAPS 1975 • • • 1975 7.5' Klug Ranch Quadrangle 31 1818 2 G ew 30/ 6 ( 6 7 Di', S \ 32 ,,o,c,_/ 0 Well \1 4!e} J v o 33 4856 /I 8 4823 4905 d W indmBl These 7.5' US Geological Survey maps covered most cities by the 1930's, and most remote areas by the 1960's. (Please note that maps are identified here by the year of the survey or aerial photo used to make or revise the map, rather than the year of publication.) Some maps changed names over time; to find them, a unique geographic index of the entire USGS collection Is searched. If the 7.5' maps do not go back to 1940, earlier 15' maps are included. Any adjoining maps within 1/8 mile of the Subject Property are also Included. See Svmtjlnl Key Original scale = 1:24000 j---------- -1 mile----------------� NORTFI © 2007 Satisfi Inc 720-200-9472 Plopneer Communities, West 112, S5, T2N, RS4W, Weld County, CO For A.G. Wassenaar CULTURAL FEATURE MAPS SYMBOLS • • • WULTLA NC OIv000 FC< Fre-FULL :ONTPT- OF A FOf 55 PCA-PFP(IAL CONTROL OF L.=CE5$ MULTIL ANC J'+CIYIDED H'G+ TYPE I•LVCO RDSO EITLoNNO 5 SJe'ACtC. RDLD L^'1 - GRAVEL SJRIt CO POLO SRAOCC AND DRAINED %A0 UNIMPROVED ROAD I BLAGE01 PINIMITNE POLE PROJECTED R^lO FRONTAGE ROAD. PAVED FR@rTAGE ROAD. GRAVELED --- - INTCRCMANOE, ALL TYPES SUPPLEMENTAL ma. SHEETS •r ♦ SHOW COMPLETE RAMP PLAN HIGHWAY GRADE E EPLRLTLIN •�•ddf{II� POINT TO POLAR M:LESZ * 65 TRAIL - ------ STATE BOUNDARY UWE a.. COUNTY BOUNDARY LINE —� NAT FOR ANDGPLSSLANO eCUNDAPT Line '!`i2;%h Nat. PARK BOWIOAPY LINE rY.--' NATIONAL MONUMENTS .. ...,, INDIAN RESERVATFJ:S .. •."T-: MILITARY RESCRARCNS (WRMNAME/,• OTH F ^ARC_, FACES _ COR'GRATE _1M115 - -. _w.�D TOWNSHIP -RANGE LINE SECTION LINE - - ' ' • • CONTINENTAL ONCE - • • • LANE GRANT LINE . —•••—•--••— COUNTY meal LINE ' •— RAILROAU RAILROADS WI JUXTAPOSITION' --.—� RAILROAD INARFOW GA'JGEI RAILROAD (COMBINATION STANDARD AND NARROW GLvCCI ' RAILROAD STATION • • CPAGE CROSSING • RNLPDAO ASOVT RAILROAD SELOW ' ' • --LIE— RAILROAD RAILROAD BRIDGE - - - • - RMLROAD TOWEL • ' OVERHEAD STRUCTURE FEDERAL AID INTERSTATE HIGHWAY SYSTEM . . FEDERAL AM PRIMARY PAP HIGHWAY ZSTEM FEIDERAL PAID SECONDARY • NON-FEDERAL AID HIGHWAY SYSTEM _• �� E NONND Ef EOERA LDERAL A I AID 01IKCJ ROUTES • - • INTERSTATE AND STATE HIGHWAY NUMBER U.S. AND S Ta TE NIGH WAY NUMEC R FAS STATE NIGHw&YNUMBCR FAT NFA V I 4F] ES PFSERVOIR MGM WATER LINE`,. --J LIFE OP POLO IPREPMItTEFITIta MAPSM OR SWAMP LAND ' 41 •• ♦ Z -11*T F:$H HATCHERY I9'VR.DINGI S IPONO OR LARC LEVEE OR DIKE ' ' • - • MILITARY AIR FICLC !P+LR. COMPLETE FACILITIES • • . Y -e114. J, LIMITED 'AMITIES Y w: .1 .... .. .. .. .. .. NU;NG AREA OR STRIP CPCLUDING 0 ^PRrIATE AIRPELDSI NEWPORT. COMPLETE FACILITIES • • f HELIPORT. LIMITED FACILITIES • • ' V LESOIAOTICAL NAVIGATIONAL FACILITY. ' ' AIRPORT WITH SURFACED RUNWAYS '1 SAND DUNEC. SHIFTING SAND t/; iC.rll FARM VW e OWELUNG (OTHER THAN FARMI• . - • • •I DVCLUNGS (CLOSELY GA(UPEop- . • • ANNIE VACANT BUILDING O CONBINE0 DMYU.INC AND STORE • - - e APARTMENT S MOTEL.MOTEL, INN OP LODGE- - - • S MOBILE HOME MOBILE NOME PARR WV COMNEM-IAL IUILDING • S• C0MIIMOAL BUILEWGS E7IOUPCOI • - • b TO FACTORY CO INDUSTRIAL PLANT • . . • I O WAREHOUSE OIL WELLS. GAS WELLS STORAGE TANKS SEASONAL INDUSTRY GRAIN ELEVATOR BEET DUMP STOCK PEN FEED LOT CHOW N NOSPITAL COMNMNRY OR TORN MALL, MANSE SCHOOL OTHER EDUCATIONAL INSTITUTIONS POST OFFICE -• • .. " - . • - . FIRE STATION COUNTY COURT NOUSE HIGHWAY GARAGE RADIO OR TELEVISION STATION (WITH CALL LETTERS RADIO OR R E L AY STATION (RADIO- R TCLEPNONC-T TELEVISION -Tv) • S MICROWAVE -RADAR STATION • • - •R® a Ir, • b • IL E .as ttb S ■ *2007 Satisfi Inc - Centennial CO - 720-200-9472 Page 1 of 2 • • CULTURAL FEATURE MAPS SYMBOLS PROJECTED a TATE HI3HwAY `861 NUMBER ' - imc STATE HIGHWAY NUMBER IS THE SAME AS THE LOWEST U S NUMBER ONTHE ROMTE J PUMPING DR GAUGING STATION (GENERAL) Q PIPE LINE IGAS.OIL. F,TC) • PROMINENT TRANSMISSION LIIR: —T—T—T SUSPENSION BRIDGE • • • ' TRUSS BRIDGE TYI'W000R. 5•STCCL, 0.ORDE • SHOWING SPANS) 16 ARCM Born ♦4 AT1 P (SMWING ARCHES) • ' • —Fir HIGHWAY 9RIDGE• • ..... OVER 20' CLEAR.. SPAN HIGHWAY 9RICOES CLOSELY SPACED 6 OVER 20. CLEAR SPAN . HIGHWAY TUNNEL • ' • . . �' j•f= NioNLCAY BRIBE OR CULVERT 4'1020' CLEAR SPAN T PCOES'RI4N OVERPASS AND tii( UNDERPASS CONCRETE LORD DR DID NATURAL FORD ' • ' ' —Y— BARRIER IMO TYPE'S CATTLE GUARD (LNY TYPE)• -- GATE (ANY TYPE) . ' ' • • . . ' .PHR. CANYONS NW T MOUNTAIN PASS %11,179 NAME AND ELEVATION• • NO/NFAJN REMAND ELEVA710N.4....1 N,2s5 MESA, MOUNTAIN, BUTTE p^1ti��L SLAVERS GRAVEL PITS AkslAg eleMMATeree STREAM CPRIMARYI • —`-"RTC STREAM ISECONDARYI STREAM (INTERMITTENT) IRRIGATION DITCH AQUEDUCT TUNNEL ' ' RESERVOIR, LAKE OR POND PE SENLAKE W PRD WITH KW • f PPdO'YE ROADS APE NOT MAINTAINED �H ♦--P•- GATE NOISE OR TOLL IKILISE MITE IN THEATRE SKI TOR T GOLF mast. COUNIRT CLUB • • • • EY-1 ATHLETIc FIELD - • E ISnAT CIACOJICTI:SMALL PARKS IRMO) • L S�� MP ARKS . ANL.IBC3 FAIRGROUND. RACE COURSE. SPEEDWAY- • • • • • - . - - STATE CAPITAL COUNTY SEAT • - OP a CORRECTC€AL INITI UT)OH COUNTY MM (ET TRIANGULATION STATION A SAWMILL ISTAT'ONARY) a. WATER SUPPLY STAND PIPE S . SEWAGE DISPOSAL PLANT till POWER PLANT POWER SUBSTATION V MINE GARBAGE. RUBBISH OR OTHER DUMP • AUTO GRAVEYARD SCRAP METAL ' PORT OF ENTRY • ROADSIDE PARK PEST AREA SCENIC OVERLOOK MS'ORIC SITE(INDIAN RUM OLD FORT OR BATTLEGROUND) - ' ' F. CAMP GROUND UK) •UI DINGEI A RANGER STATION L RANGER MOON WI PEMAAIENTLY OCOYEift LOOKOUT STATION III) ..... 4 paw r C OTHER CITIES AND VILLAGES CEMETERY CULTURAL FEATURES SIOWN OUT OF POSITION • • • • DETAIL MAPS SMOWII THUS SUBURBAN AREAS SHOWN ON 6•iPPL^AMENTPL MAP SHEETS . . . . . . . ROT COUNTY MAINTAINED 'CM © 2007 Sat)sfi Inc - Centennial CO - 720-200-8472 Page 2 of 2 • • • Subject Property Pioneer Communiteis West 112, S5, T2N, R64W Weld County, CO September 13, 2007 Performed For: A.G. Wassenaar 6000 E Evans Avenue, Bldg 2, Ste 100 Denver, CO 80222 Attn: Julie Brungardt Ref: E07517.E1 The following maps were found: Year Note 1969/80 1947/56 1947 1937/41 Earliest found. Cultural Feature Maps are similar to topographic maps, except that these maps use symbols to indicate a property's use. The State Highway Department drew these maps to help apportion highway maintenance funds to each county. The entire state was covered except for areas inside the city limits of the time. This unique collection begins with a statewide edition from the late 1930's, and adds several partial editions into the 1970's. The scale varies by edition and area. My adjoining maps within 1/8 mile of the Subject Property are included. Please note that the accuracy and suitability of public and private records cannot be guaranteed, nor can this research. No warranty is made or implied. By using this report, the reader agrees to assume all related risk and to release Satisfi from liability for any damages. However, if this report is not 100% satisfactory, a full refund will be issued. environmental information satisfi. ® 2007 Satisl Inc — Centennial CO — 720-200-9472 Page 1 of 1 CULTURAL FEATURE MAPS 1937/41 1937/41 Earliest found. • • T a • C; p1 J; 36 '� 4Q: 2 O 0. I • r • , II '3 1 lb 29 2F 32 33 5 P.. 4 27 3 •, . ■ 15 I w Cultural Feature Maps are similar to topographic maps, except that these maps use symbols to indicate a property's use. The State Highway Department drew these maps to help apportion highway maintenance funds to each county. The entire state was covered except for areas inside the city limits of the time. This unique collection begins with a statewide edition from the late 1930's, and adds several partial editions into the 1970's. The scale varies by edition and area. Any adjoining maps within 1/8 mile of the Subject Property are Included. See Symbol Key Scales varied: use roads and landmarks to estimate distance. NORTH ® 2007 Satisfii Inc 720.200.9472 Pioneer Communiteis, West 112, S6, T2N, R64W, Wald County, CO For A.G. Wassenaar CULTURAL FEATURE MAPS 1947 • 1947 Cultural Feature Maps are similar to topographic maps, except that these maps use symbols to indicate a property's use. The State Highway Department drew these maps to help apportion highway maintenance funds to each county. The entire state was covered except for areas inside the city limits of the time. This unique collection begins with a statewide edition from the late 1930's, and adds several partial editions into the 1970's. The scale varies by edition and area. Arty adjoining maps within 118 mile of the Subject Property are included. See Symbol Key Scales varied; use roads and landmarks to estimate distance. NORTH O2007 Satisfi Inc 720-200-9472 Pioneer Communiteis, West 112, S5, T2N, R64W, Weld County, CO For A.G. Wassenaar • CULTURAL FEATURE MAPS 1947/56 • • • 1947/56 -- '3N. T.2 N. - .c • • 22 . '. z 2, S J a - ` _\ i \ ,, • ` .. •a `e Cultural Feature Maps are similar to topographic maps, except that these maps use symbols to indicate a property's use. The State Highway Department drew these maps to help apportion highway maintenance funds to each county. The entire state was Covered except for areas inside the city limits of the time. This unique collection begins with a statewide edition from the late 1930's, and adds several partial editions into the 1970's. The scale varies by edition and area. Any adjoining maps within 118 mile of the Subject Property are included. See Symbol Key Scales varied; use roads and landmarks to estimate distance. NO N ® 2007 Satisfi Inc 720-200-9472 Pioneer Communiteis, West 1/2, S5, T2N, R64W, Weld County, CO For A.G. Wassenaar • • • CULTURAL FEATURE MAPS 1969/80 1969/80 3N. 6 29 r _ E .2 N. - rr_z : ter _- ••` -. ry--=i 1-r'�• ',ft; pet C t C• :..5 •t , a, •L• b ` C 221 •. •b h co - �--fr -•C• ,' �±ss.. ��..-,t, ,Eg9U4G •• it'.�• • 1 .J...811144% v • � 2- 2E 2• 36 • Cultural Feature Maps are similar to topographic maps, except that these maps use symbols to indicate a property's use. The State Highway Department drew these maps to help apportion highway maintenance funds to each county. The entire state was covered except for areas inside the city limits of the time. This unique collection begins with a statewide edition from the late 1930's, and adds several partial editions Into the 1970's. The scale varies by edition and area. Any adjoining maps within 1/8 mile of the Subject Property are Included. Sep Symbol K -y Scales varied; use roads and landmarks to estimate distance. © 2007 Satisfi Inc 720-200-9472 Pioneer Communkeis, West 1/2, 35, T2N, R54W, Weld County, CO For A.G. Wassenaar • • • City Directories & Fire Insurance Maps Subject Property Pinoeer Communities West 1/2, S5, T2N, R64W Weld County, CO Date: September 14, 2007 Client Information A.G. Wassenaar, Inc 6000 E Evans Avenue, Bldg 2, Ste 100 Denver, CO 80222 Attn: Julie Brungardt PO#: E07517.E1 City Directories are similar to phone books, except that the listings are sorted by address. Such directories were introduced in the early 1900's and typically covered the developed areas of most major cities. More recent directories also cover suburban areas. Directories are usually researched at 5 -year intervals, per the ASTM Standard. Satisfi searches local collections that are typically more complete than the national collections. Fire Insurance Maps, often called Sanborn maps, enabled the insurance industry to evaluate property risk without sending out inspectors. They show details of buildings, process equipment and property use, including underground tanks. Atlases for most cities and towns were produced sporadically from the late 1800's to 1950+. Satisfi uses the more complete local collections. Cities Researched: City Directories Fire Insurance Maps Keenseburg No coverage found No coverage found The search area included the streets that surround the subject property as follows. The range included the subject block plus 1 block In each direction. Number Range Street Names Allan Street Names Research Results: No coverage What is Reported Subject Property: Adjacent Properties: More Distant Properties: satisft environmental information ® 2007 Satisfi Inc - Centennial CO - 720-200-9472 Any listing or use is reported Any listing or use is reported; vacant lots are not Uses that might involve chemicals are reported Please note that the accuracy and suitability of public and private records cannot be guaranteed, nor can our research. No warranty is made or implied regarding our products. By using this report, the reader agrees to assume all related risk and to release Satisfi from liability for any damages. However, if you are ever unhappy with our product or service, it's free. • • • ATTACHMENT C PUBLIC RECORDS RESEARCH • • • • Environmental Database Search Subiect Property Pioneer Communities West 1/2, SS, T2N, R64W Weld County, CO Latitude: 40.166900 Longitude: -104.579700 Performed For: A.G. Wassenaar, Inc 6000 E Evans Ave, Bldg 2, Suite 100 Denver, CO 80222 Attn: Julie Brungardt Reference: E07517.E1 Contents: Overview Map Close-up Map Executive Summary mapped sites • unmapped sites Detailed Findings • mapped sites • unmapped sites Database Sources This report complies with the requirements of EPA's AAI Rule and ASTM's E 1527-05 Standard for the records review of standard sources in a Phase One Environmental Site Assessment. satisfy. Local Expertise and Service Satisfaction Guaranteed environmental information • 02007, Satisfi Inc • 720400-9473. Report 15302727.8/21/07 10:25 Page 1 of 11 • • • Overview Map Box /eerPo i I I Database Categories > Subject Prooerty NPU=CORRACT TSD,CERCLISI=,VCIJ=, TANK, ACU=,SPILL, SOLIDWASTE, TANKLEAK GENERATOR, OTHER Single Grouped Regional Sk SitesagE Single Grouped Regional ,E((g SJ1 a Site Single Grouped Regional aat ada at •p, ©//lila %� _ # _� �IlIillllll * Subject Property Buffer The ASTM Standard requires that distance be measured from a property's 0.70 mile radius boundaries (not from a point). Accordingly, the specified buffer (dashed ring) has been drawn around the subject property point to approximate its Outer Ring on Mao boundaries. Each site point also has a buffer (0.04 mile is standard). 1.00 Mile beyond buffer Distance is measured from the subject property buffer to each site buffer. Subject Site: Pioneer Communiles, West 1/2, SS, T2N, R64W, Weld County CO O2007, Sa WI Inc • 720-200-9473 • Report 9S302727.6/21/07 10:25 Page 2 d 11 • • • Close -Up Map I. >o � r -- Database Calegodes> Subject Property NPu=,CO•R CI Single Regional ,$I a 5.go T5�,CE•CL151VCu=, $•LI•WASTE. TANKLEAK Single Regional alit aiLe TANK,•OL1-,S•ILL, GENE•T�R, eTHE' Single Regional ,Tpg BBB We —#_ limn Ind Subject Property Buffer The ASTM Standard requires that distance be measured from a property's 0.70 mile radius boundaries (not from a point). Accordingly, the specified buffer (dashed ring) has been drawn around the subject property point to approximate its Outer Ring on Map boundaries. Each site point also has a buffer (0.04 mile is standard). 0.25 Mile beyond buffer Distance is measured from the subject property buffer to each site buffer. Subject Site: Pioneer Communities, West 12, 55, T2N, RS4W, Weld County CO 02007, Setisll Inc • 720-200-9473 • Report 15302727.821/07 10:25 Page 3 or 11 • • Executive Summary - Mapped Sites Search Distance (miles) > Distance (miles)' MAP and # SITE NAME ADDRESS Direction 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 SITES TOTAL 0 FINDINGS TOTAL 0 0 0 0 0 0 0 0 0 0 0 0 Distances and directions are approximate and should be confirmed during the site visit. Although Satisfi uses the best and most current digital street maps available, mapping by address is not an exact science. Sites are seldom mapped right at their centroids, and the buffers used to approximate their boundaries are inherently imprecise. If any site buffer (0.04 mile radius) overlaps the subject property buffer (see map), distance and direction are not reported. If the location of a sits is off by a city block or more, a revised mao can be reaueeted at no charge. < Tagalong findings are included to provide additional details. For instance, if a Tank Leak is found beyond the search distance for Tanks, the corresponding Tank listing is reported anyway in order to to add useful information about the tank contents, age, etc. Category Description NPU= Federal National Priority List Superfund site list State- and Tribal -equivalent NPL CORRACTS Federal RCRA Corrective Action facilities list TSD Federal RCRA Treatment, Storage or Disposal facilities list CERCLIS/= Federal CERCLIS list Federal Delisted NPL site list • Federal CERCLIS NFRAP site list ' State- and Tribal -equivalent CERCLIS VCLI= State and tribal voluntary cleanup list sites State and tribal Brownfield sites SolidWaste State and tribal landfill and/or solid waste disposal site lists Local Lists of Landfill/Solid Waste Disposal Sites TankLeak State and tribal leaking storage tank lists Tank State and tribal registered storage tank lists Generator Federal RCRA generators list Spill Federal ERNS list AUU= Federal institutional control/ engineering control registries ' State and tribal institutional controVengineering control registries Other RCRA-listed sites that are not CORRACTS, TSD or generators The specific database for each finding (e.g., CERCLIS vs. NFRAP) is Identified in the Detailed Findings. Additional information on each database Is presented in the Database Sources section. Subject Site: Pioneer Communities, West 1/2, 55, T2N, Rs4W, Weld County CO C2007, Selig Inc • 720-200-9473 • Report45302727 •/21/07 10:25 Page 4 of 11 • • • Unmapped Sites THESE SITES WITHOUT GOOD ADDRESSES DO NOT NEED TO BE TRACKED DOWN. The ASTM Standard says in Section 8.1.4.3, "Listings in publicly available records which do not have adequate address information to be located geographically are not generally practically reviewable.' The only reason for reporting these sites is on the slight possibility that their location might be revealed during the site visit, historical research, through personal knowledge, etc. Each site has some detail (e.g., city, county) in common with the subject property. Please review the Detailed Findings for any additional details that might indicate a site is close enough and significant enough to impact the subject property. If a location can be firmly identified, please call Satisfi and a revised report will be issued accordingly. THE PHASE ONE REPORT DOES NOT NEED TO DISCUSS EACH OF THESE SITES. The ASTM Standard specifically says in section 8.1.9, 'the environmental professional may make statements applicable to multiple sites (for example, a statement to the effect that none of the sites listed is likely to have a negative impact on the property except ...)". J a. SITE NAME ADDRESS ADOLPH COORS KEENSBURG MINE ADDRESS NOT REPORTED; COORS ENERGY COMPANY GREAT WESTERN SUGAR DENVER, ( ADDRESS NOT REPORTED; KEENESBURG COAL MINE KEENESBURG MINE ROGGEN OIL FIELD FLUID DISPOS ADDRESS NOT REPORTED; I - u O v rn S j rc U J SOUDWASTE ■ ■ ■ ■ 1 i i N to GENERATOR re 0 NORTH OF KEENESBURG; ADDRESS NOT REPORTED; KEENESBURG MINE; • ■ It TOTAL FINDINGS > 0 0, 0 0 0 0 0 Limitation of Liability: Please note that the accuracy of public records cannot be guaranteed, nor can this search of those records. No warranty is made or implied regarding this report. By reviewing this report, the reader agrees to assume all related risk and to release Satisfi from liability for any damages. However, if this report Is not satisfactory for any reason, a full refund will be issued. 1 ©2007, Satisfi Inc. All rights reserved. The client named on the front page, and their client(s) and subcontractor(s), may make and distribute as many copies as necessary in the course of a transaction involving the subject property. Any other reproduction, distribution or use is prohibited. 0 0 0 0 Subject Site: Pioneer Communities, West 1/2, S5, T2N, R64W, Weld County CO O2007, Settee Inc • 720-200-0473 • Report OS302727.8(21/07 1025 Pepe 5 of 11 • • • Unmapped Sites ADOLPH COORSKEENSEURO MINE - - ADDRESS NOT REPORTED, KEENESSURO, CO Unmapped Waste or Fill SIte - Source 70/ CO Old Landfills SOu:WASTS Selig ID: OD070-0002225 Source Name: CO Old Waste Sites Source Description: "In the early 1980's the Hazardous Materials Waste Management Division conducted a survey of staff members and local Agencies. The information gathered was compiled In 1984 for sites that were known or thought to have waste issues. This information is not complete and generally not very definitive or verifiable. This data became the Solid Waste Historical Data. The data Is not maintained and has not been since the late 1980%. The Hazardous Materials Waste Management Division is not responsible and shall not be liable to the user for damages of any kind arising out of the use of this data or information." Operator/Owner/Other: // BEN FRANKLIN III Township Range 364 25 Section: Site Type: IMPOUNDMENT FIN Material: LIQUIDS. Size (acres): 1- 10 Comments: 5B RUNOFF PONDS 7B 4PONDS 8O O00037052. HAZARD TYPE: OTHER. IMPACT: GW. Coon Energy Company - NOM of Kesnesburg, Keansburg, CO: Unmapped Waste or FM Site - Source 70/ CO Old Landfills SOUDWASTE Setiaf ID: 00070-0000379 Source Name: Weld County CO Recent Waste Sites Source Description: "This list identifies landfills Site Contact: Don MacDonald Contact Phone: 303-277-3455 Site Type: Landfills Regulated: Permit *1180 GREATWESTERN SUGAR DENVER, C - ADDRESS NOT REPORTED, KEENESEURG, CO Unma pped _. Waste or.Fill Site- Source 70/ CO Old Landfills SOLIDWASTE Satisfi ID: 00070-0002223 Source Name: CO Old Waste Sites Source Description: "In the early IB80's the Hazardous Materials Waste Management Division conducted a survey of staff renters end kcal Agencies, The information gathered was compiled In 1964 for sites that were known or thought to have waste Issues. This information is not complete and generally not very definitive or verifiable. This data became the Solid Waste Historical Data. The data Is not maintained and has not been since the late 1980%. The Hazardous Materials Waste Management Division is not responsible and shall not be liable to the user for damages of any kind arising out of the use of this data or information." Operator/Owner/Other: I / GREAT WESTERN SUGAR Township Range 104 R87 309 Section: Site Type: IMPOUNDMENT FYI Material: LIQUIDS. Comments: 5-E IND 7-7PONDS 9-C PROCESS WATER. HAZARD TYPE: CHEMICAL. IMPACT: GW. Subject Site: Pioneer Communities, West 1/2. 55, T2N, R64W, Weld County CO 02007, Se6afi Inc • 720-200-9473 • Report #S302727.621/07 10:25 Page 6 of 11 • • • Unmapped Sites (Cont.) KEENESIURO Coal Mks - - ADDRESS NOT REPORTED, KENNSSSURG, CO Unmapped Wass or FD Site - Source 70/ CO Old Landfills SOLIDWASTE Salisfi ID: 00070.0002228 Source Name: CO Old Waste Sites Source Description: "In the early 1960's the Hazardous Materials Waste Management Division conducted a survey of staff members and local Agencies. The information gathered was compiled in 1984 for sites that were known or thought to have waste issues. This Information Is not complete and generally not very definitive or verifiable. This data became the Solid Waste Historical Data. The data Is not maintained and has not been since the late 1960's. The Hazardous Materials Waste Management Division is not responsible and shall not be liable to the user for damages of any kind arising out of the use c/ this data or information" Operator/Owner/Other: kEENESBURG/KEENESBURG/ Site Type: ASH LANDFILL Size (acres): 10/ Date of Last Inspection: 1987 Comments: FLY ASH FROM ADOLPH COORS PLANT. KEENESBURG MINE - KEENESSURO MINE, KEENESBURG, CO, S3 Unmapped Registered Tank- Source 139/ TANKS TANK Satisfi ID: 00139-0003696 Facility ID: 3813 Owner: 232 - COORS ENERGY CO, BOX 487, GOLDEN, CO, 60402 Tank Details: No Tanks Reported ROOGEN OIL FIELD FLUID DISPOS ADDRESS NOT REPORTED, KEENESBURG, CO Unmapped Waste or FM Sits - Source 70/C0 Old Landfills SOLIDWASTE Salisfi ID: 00070-0002224 Source Name: CO Old Waste Sites Source Description: In the early 1960's the Hazardous Materials Waste Management Division conducted a survey of staff members and kcal Agencies. The intonation gathered was compiled in 1984 for sites that were known or thought to have waste issues. This information is not complete and generally not very definitive or verifiable. This data became the Solid Waste Historical Data. The data is not maintained and has not been since the late 1980's. The Hazardous Materials Waste Management Division a not responsible end shall not be liable to the user for damages of any kind arising out of the use of this data or information." Operator/Owner/Other: // CERVI, MIKE Site Type: IMPOUNDMENT Fill Material: LIQUIDS. Size (eves): 10 - 50 Comments: OIL, WATER DISPOSAL. HAZARD TYPE: OTHER. IMPACT: GW. Subject Site: Pioneer Communalist, West 1/2, 55, T2N, R64W, Weld County CO 02007, Serail Inc • 720-200-9473 • Report MS302727.8/21/07 10:25 Page 7 of 11 • • • CORRACT Database Sources Source: t48l RCRIS Corrective ActIon (CORRAcnietbe have hazardous taste problems, often Involving • contamination. Undertm Resource Conservation & Recovery Act (RCRA), the caner' or operators of time fadlDes em responsible for Irwedgetip and, as necessary, damning up releases. Nationwide, tens are 8,500 CORRACT CORRACT the EPA's & approximately sites. sites are a attest of Resource Conservation Recovery Information System (RCRIS). Agency Name: US EPA -'United States Environmental Protection Agency, Office of Solid Waste Agency Webeite: v Av.epa.gov/epeoswer/hazwaste/calfaciliy.htm Agency Updated: 08/08/07 Updated by Agency: Monthly Sadafl Obtained: 08108/07 Agency Contact Tony Selle Last Requested: 04/08/07 NPLIe Source: 1471 CERCLIS The National Priority List (NPL) idenlMes sites with confirmed contamination that are either proposed to be or are I the proms of being deaned up under the direction of the US EPA Superfund Program. Nationwide, there are approximately 1,800 Supafund sites. NPL sites era a sublet of the EPA's Comprehensive Environmental Response, Compensation & Liability Inforrnation System (CEROLIS). Agency Name: US EPA - United Shot Environmental Protection Agency, Superhard Program Agency Webeia: httpi/ev.w.epe.gw/superNM/smes/cuadennde,.htm Agency Updated: 07/31/07 Updated by Agency: Monthly Satsfi Obtained: 07/31/07 Agency Contact: None Lest Requested: 07/31/07 SPUR Source: 118I SPL Thea is no State Priority Let (SPL) for Colorado. However, there are teeny sites that the state seems to pbe In the seine category es NPL stir. Eighteen ofthem ere UMTRA (Uranium Mel Tiding Remedial Action) sites, one Ise NROS site (Steal Resource Damages Site), and one ism Privets Cleanup Site (No-SuperMld). Thousands of UMTRA Nib* properties' have also ban identified where Mil Mtge were used a sand in cone sir, roedbese, trenches, brie*, etc. Such propsrdes have teen remechted In Durango, Grand Junction, Fright, Palisade, Gunnison, Might, Ratite end Rifle, but sae unidentified tailings nay still wain in and around these committal. CDPHE's list of vicinity pmpedln is not publidy availebde and was not searched forthe report Property-spedllc Infomrtion Is milehe through the CDPHE Grand Junction office.- See vawy dpteehte.ce. WhnSrptaling.hbnl. Agency Name'. CDPHE - CO Dept o of Public Health & Env'ionment, Hazardous Materials 6 Waste Mgni Div Agency Wabsite: wmv.cdphestate.co.us/hmhp_gen.esp AND httplAviwycdphe.state.co.us/hm/sf &les.aep Agency Updated: 06/30/08 Updated by Agency: No set schedule Satan Obtained: 06/30/08 Agency Contact: None Last Requested: 07/24/07 NPLI. Some: 11/ Danar Radium Although the Denver Radium site is reported as a single NPL listing, it Includes 88 locations grape Into ll Operable Units spread throughout metro Denver. Because of the hype number of scattered Waggons, Stitt treats this NPL site as a separate source. For more information, please visit the Deriver Radium web tete at www.adphe.stete.co.us8m/rptlerred.ap Agetry Name: US EPA - UMsd.Shtes Environmental ProtadlonAgecy, SucerfundProgram Agency Webster vorw.epe.gov/reftion08NYshtidindez.html AND hip:/Mww.cdphe.state.co.usfMrpdenadasp Agency Updated: 04/10/00 Updated by Agency: Monthly Sett Obtained: 04/10/06 Agency Contact: None Last Requested: 07/14/08 TSD Source: 1481 RCRIS Facilities that Tad, Sete or Dispose of haardous waste (TSD sites) are regulated under the Resource Conservation & RecoveryAd (RCRA). Nationwide, there are approximately 2,000 TSD -. faaldies. TSD stes are a subset of the Resource Conservation & Recovery Information System (RCRIS). Agency Name: US EPA - United States Environmental Protection Agent, Office of Solid Waste Agency Webeite: wrwrepa.gov/epeoweenhareaste/calfacilityhtm Agency Updated: 06/08/07 Updated by Agency: Monthly Sal1efi Obtained: 08/06/07 Agency Contact: Tony Sells Lest Requested: 04/08/07 Subject Site: Pioneer Communities, West 1/2, S5, T2N, R84W, Weld County CO 02007, Satefl Inc • 720-200-M73 • Report /5302727.8/21/07 10:25 Page 6 of 11 CENCI-Ma Database Sources (Cont.) Source: 147 / CERCLIS The Comprehensive Endronnrntal Rasponee, Compmatlbn: & LIM' information System (CERCUS) Sake Medial -and confirmed hazardous waste efee that are being menial es 1 by EPA for possible inclusion on the National Priority List (NPL). If a alas does not gully for the NPL, k is removed from CERCUS and archived on the No Further Remedial Action Plemed (NFRAP) list. There are over 11,000 CERCLIS sites nationwide. Agency Name: - US EPA - United States Fmlmnmenll Protection Agency, Superfund Program Agency Webstte: hap:th mv.epa.gov/supedund/sites/cursltesAndez.htm Agency Updated: 07/31/07 Updated by Agency: Monthly Salisfi Obtained: 07/31/07 Agency Contact None Last Requested: 07/31/07 CERCUS,. Source: 1481 NFRAP The No Further Remedial Action Planned (NFRAP) database deities sites where assessment has been completed and EPA has determined that no further steps wR be taken to list the eye on the National Priority List (NPL). This may mean that a) no contamination was bind: b) contaminatlon was rentbved; or c) contamination was not sedan enough to qualify for the NPL. Nationwkle, there are over 33,000 NFRAP sites. NFRAP eta are synonymous with Archived CERCUS sites. Agency Name: US EPA - United States Environmental Protection Agency, Superfund Program Agency Waddle: http:/Awntepa.gov/supedund/stes/arceitesflndex.htm Agency Updated: 06/01/07 Updated by Agency Monthly Satisfi Obtained: 06/05/07 Agency Contact: None Last Requested: 08/05/07 SOUDWASTE Soya: 701C0 OM Landfills- This database Is proprietary to Sae and reproaartla a canipiaton of eleven state and local agency soumac. The agencies generated these bate on a one-time bats and do not expect to update them. A Mae detailed description of the applicablesour is included with any findings reported from this database. The eleven sources are: 1. Adams County CO Oa Landfills 2. Arapahoe County CO Old Landfills 3, Douglas County CO Oki Landfills 4. Weld County CO Old Landfills 5, Boulder County CO Old Landfills 8. Jefferson County. CO lied Landfills 7. Denver CO Methane Study 8. CO Methane Study 9. DRCOG Methane Study 10. Denver CO Old Eli Sites 11. COON Waste Sites Agency Name: US EPA and venan Site and Local Agencies Agency Woburn,: No website available Agency Updated: 02/0&03 Updated by Agency: Never Satisfi Obtained: 02/06/03 Agency Contact: Varies Last Requested: 02/08/03 SOUDWASTE Sara: 144 1 CO CURIE Landfills These solid wastefadlaies have received permits horn the state. The facilies may be open or dosed. Agency Name: CDPHE - CO Dept of Public Health & Emlorunent, Haadcos Materials & Waste Mgmt Div Agency Wabsile: www.cdphe.state.cc.us/hm/cp_gen.aspecp_revu Agency Updated: 05/01/07 Updated by Agency: No set schedule Satisfi Obtained: 06/01/07 Agency Contact Mira Neumiller Last Requested: 01/01/07 TANKLEAK Source: 231 LUST Trust Tanks Suspected tank leeks have been discovered these bidthe facility at sites, responsible for the leak ha not bean Identified The state's Mvestigatbn and search for responsible parties la paid for- out dole date's Leaking Underground Storage Tank (LUST) Trust fund.. Agency Near: Colorado Dept of Labor & Employment Division of Oil & Public Safety, State Fund Section AgercyWebelte: htp//dl.ruffle.state.co.us/OIL/Fundmund_hor.esp Agency Updated: 01/01/00 Updated by Agency: Database Closed Satisfi Obtained: 11/15/02 Agency Contact: Wendy Shoup Last Requested: 11/15/02 TANKLEAK Source: 140 / Tank Lab These are aboveground and underground storage tank leeks that have been reported to the state. Agency Name: Colorado Dept of Labor& Employment, DSsion of Oil & Public Safety, Oil Inspectors Section Agency Website: httpd/costis.odie.state.co.us/home.asp Agency Updated: 05/01/07 Updated by Agency: Frequently Satbfi Obtained: 05/1/07 Agency Contact: Wendy Shoup Last Requested: 05/01/07 Subject Site: Pioneer Communities, West 112, $5, T2N, R84W, Weld County CO 02007, Salisfi Inc • 720-200-9473 • Report 85302727 •13/21/07 10:25 Page 9 of 11 • • • VCth Database Sources (Cont.) Scene: -1341 CO VCL-VCUP Colorado's Voludsy Cleanup Lit (VCL) identifies albs when omens gave Beaded for state approval either • Voluntary Cleanup Plan (VCUP)-or a request fora No Action Detemiraton (NAD). The stable cleanup dechbreare based on edstlng standards and the proposed use of the property. Owners are rewoneible for the cleanup bid verification. Agency Name: CDPHE - CO Dept of Public Health & Emlronment. Hazardous Materiels & Waste Mont Div Agency Webats: www.ctlphe.state.co.usemdrpvoluntarycleenup.asp Agency Updated: 04/18/07 Updated by Agency: No set schedule Sandi Obtained: 04118/07 Agency Contact: Mark Walker Lest Requested: 07/24/07 VCLu• Source: 1371 Fibril &ownlSelda MaasgemamSystem The Brownfelds Management System (BMS) le the official EPA database of the Bromfield* Program. Property -level infonrodon contains basic bastion More Information data stout a physical area being targeted within the overall giant detailed about each properly Is captured Including Information about specific beds within a property, end include date regarding zoning, former use(s), myerynenb, affected media, and assessment, cleanup end redevelopment activities. Although the man detailed information Is not available for downbed, It an be viewed atthe web address Agency Name: US EPA - United States Environmental Probation Agency, Bmwrdblds Management System Agana/Webster hfeanwrepa.govlenvinfitml/bms/ndmr.html TANK - Agency Updated: 04/26/07 Updated by Agency: No set schedule Saban Obtained: 04/28/07 Agency Contact: None Last Requested: 07/11/07 Source: 139 / TANKS These are above -pound and underground storage tanks that have been registered with to state. Agency Name: Colorado Dept of Labor S Employment, Divelon of Oil & Public Safety, OS Inspectors Section ., Agency Website: httoficostis.cdle.stele.coms/home,esp Agency Updated: 05/01/07 Updated by Agency: Frequently Satlafi Obtained: 05/01/07 Agency Contact: Wendy Shoup Last Requested: 05/01/07 • spits Source: 176 f ERNS The Emergency ResponseNotlficafidn System (ERNS) canted' data on all releases of oil and hazardous substances reported to the National Response Ceder (NRC) and to the EPA.suce 1586. The information is usually called in bye persai,assoebted with the frilly orvehicce that had the rsisae, although government agencies and the public at large may also nag. All role are recorded without information is Nationwide, rooted for their signitance or accuracy, and often sketchy. approximately 30-35,000 reports are recorded every year. Agency Name: US EPA ;United Stabs Environmental Protection Agency, National Response Center (NRC) Agency Webene: www.nrc.uscg.milivelbcd/wdbcgiesenAWNUSERNIEBDB.foitquery.show_parms Agency Updated: 04/20/07 Updated by Agency: Annually Satan Obtained: 04/20/07 Agency Contact: None Last Requested: 04/20/07 GENERATOR Source: 1461 RCt88 These fadlites generate hazardous waste and ars regulated under the Resouroe - Crnrervation & Recovery Act (RCRA). Generators are a subset of be Resource Conservation & Recovery Information System System (RCRIS). Agency Name: US EPA - United States Enwirgerenbl Protection Agency, Office of Sold Wade Agency Webeite: www.epa.gov/epeoswerRezwasldca/fediity.htm Agency Updated: 08/06/07 Updated by Agency: Monthly Satiefi Obtained: 06/061/07 Agency Contact Tony Salle Last Requested: 04/06/07 AUtla Source: 146 I CO Environmental Real Covalent, Let CDPHE his the authority to approve requests to restrict the future use of a property using en enforceable agreement called an envaonmental Mal covenant when a contaminated site is not cleaned up completely, land use restrictions may be Used to ensure that the selected cleanup remedy IS adequately protective of human health end the environment Endronmentai covenenb are available for review under the Colorado Open Records Act In the Hazardous Materi le and Roads Waste Management DNWon Center. Agency Nene: CDPHE - CO Dept of Public Health & Environment, Hazardous Materials & Waste Mgmt Div Agency Webete: http://vorm.cdphestate.co.usihrrdenvcovenants.asp Agency Updated: 07/24/07 Updated by Agency: No set schedule Satefl Obtained: 07/24/07 Agency Contact None Last Requested: Subject Site: Pioneer Communities, West 12, 55, T2N, RB4W, Weld County CO C2007. Setisfi Inc • 720-200-9473 • Repot 115302727.621/071025 Page 10 of 11 • • • Database Sources (Cont.) AUth Sturm 142i FEOusl lie9bi6onal Control Tracking &ysbre the EPA's Institutional Control Tracking - System (ICTS) Is cun.rtly limited to controls that am In place at Superfund atm. Irmtlhlianal condole we typically administrative measures, such as groundwater use restrictions and properly use restrictions, intended to prevent exposure to cOntsnline0on that hi rot going to be removed Noma Bite. Deed rastrldions ere neurally recorded to document the controls. Agency Name: US EPA - United Staters Environmental Protection Agency, Institution Control Tracking System - -• Agency Webeita: No websie available Agency Updated: 05/02/07 Updated by Agency No set schedule Satisfi Obtained: 05/02/07 Agency Contact: Michael Bellolt Last Requested: 05/02/07 AWE Seures: 143/Federal Engineering Control The EPA's Institutional Control Tracking System (ICTS) also trade engineering controls at Superfund sites. Engineering controls are typically engineered systems, such as ape, liners, and tarry wells, Intended to prevent exposure to contamination that is not going to be removed hoes a site. Agency Name: US EPA - United States Environmental Protection Agency, institution Control Tracking Agency Webeite: No webaite availed. Agency Updated: 05/02/07 Updated by Agency: No set schedule Sabsfi Obtained: 05/02/07 Agency Contact: Michael Ballot Lest Requested: 05/02/07 OTHER Source: 146/ RCRIS These faciltes an Gated on the Resource Conservation & Recovery Information Saila (RORIS) but dont 6t inert the artery of CORRACTS, TSDs, or Gemara. Many of these lsdfties are on the list simply because they notified EPAthat did NOT generate hazardous waste.. Others am hazardous waste Transporters, Non -Nolan .(facilities suspected of handling hazardous waste without proper authorization), tamer Generators, etc. Agency Name: US EPA - United States Ent/nonracial Protection Ageny, Office of Solid Waste Agency Wabed o: www.epa.govlepeoswer/hazwasMheRxiliy.htm Agency Updated: 06/06/07 Updated by Agency: Monthly Seta Obtained: 06/06/07 Agency Contact: Tony Salle Last Requested: 04/06/07 Subject Site: Pioneer Communities, West 1/2, 55, T2N, R64W, Weld County CO 02007, Setlfi Inc • 720-200-9473 • Report 65302727.021/07 10:25 Page 11 011 • • • ATTACHMENT D COGCC RECORDS FOR OIL / GAS WELLS ONSITE • • COGIS - WELL Informational • Page 1 of 3 COGIS - WELL Information Scout Card "_Ret_ated Cl Insp, Q MIT • GIS [fit Doc t Wellbore a Orders Surface Location Data for API # 05-123-16237 Status: PR Well Name/No: OLSEN RED 1#5-2O (Click well name for production) Operator: NOBLE ENERGY PRODUCTION INC - 10120 Status Date: 9/14/2005 Federal or State Lease #: County: WELD#123 Location: NENW 5 2N 64W 6 PM Field: WATTENBERG -#90750 Elevation: 4,841 ft. Planned Location 990 FNL 1650 FWL Lat/Long: 40.171768/-104.578764 Lat/Long Calculated From Footages Wellbore Data for Sidetrack #00 Status: PR 9/14/2005 Spud Date: 10/2/1992 Spud Date is: ACTUAL Wellbore Permit Permit #: 19921238 Expiration Date: Prop Depth/Form: 7900 Surface Mineral Owner Same: Mineral Owner: FEE Surface Owner: Unit: Formation and Spacing: Wellbore Completed Completion Date: Measured TD: True Vertical TD: Log Types: Casing: Cement: Casing: Cement: Formation SUSSEX NIOBRARA CODELL 7063 J SAND 7518 Completed information for formation CODL 1st Production Date: Status Date: Commingled: Formation Name: Unit Number: Code: JSND , Formation: J SAND , Order: 0 , Unit Acreage: 80, Drill Unit: E/2NW 12/1/1992 7850 Measured PB depth: 7780 0 True Vertical PB depth: CDL, OIL, CBL, CCL & GR String Type: SURF , Hole Size: 12.25, Size: 8.625, Top: 0, Depth: 705, Weight: 24 Sacks: 240, Top: 0, Bottom: , Method Grade: String Type: 1ST , Hole Size: 7.875, Size: 3.5, Top: 0, Depth: 7855, Weight: 9.5 Sacks: 525, Top: 0, Bottom: , Method Grade: Log Top Log Bottom 4390 6772 Formation Treatment: Tubing Size: Tubing Packer Depth: Open Hole Top: Initial Test Data: Test Date: Hours Tested: Gas Disposal: Test Type BBLS_H2O BBLS_0IL BTU_GAS CALC_BBLS_H2O CALC_BBLS_OIL CALC_GOR CALC_MCF_GAS CASING_PRESS GRAVITY_OIL Cored 8/4/1993 Choke Size: 0.469 9/14/2005 Hole Completion: N N Production Method: FLOWING CODELL Status: PR PERF'D CODL 7065.7074' (36 HOLES). RE-FRAC'D COOL W/ 127,827 GALS VISTAR, 23/24/25# GEL & 246,420# 20/40 SAND 2.0625 Tubing Setting Depth: 7029 Tubing Multiple Packer: Open Hole Bottom: DSTs 9/14/2005 24 SOLD Measure 3 10 1326 3 10 2000 20 1200 47 Test Method: Gas Type: FLOWING WET http://www.oil-gas.state.co.us/cogis/FacilityDetail.asp?facid=12316237&TYPE=WELL 9/18/2007 COGIS - WELL Informatics • Page 2 of 3 MCF_GAS TUBING_PRESS Perforation Data: Interval Bottom: 7078 a of Holes: 88 20 100 Completed information for formation 1st Production Date: 1/6/1993 Status Date: N/A Commingled: N Formation Name: J SAND Formation Treatment: ISOLATED W/ SAND Tubing Size: Tubing Packer Depth: Open Hole Top: Initial Test Data: Test Date: N/A Hours Tested: Gas Disposal: Test Type BBLS_H20 BBLS_OIL CALC_BBLS_H20 CALC_BBLS_OIL CALC_GOR CALC_MCF_GAS CASING_PRESS MCF_GAS TUBING_PRESS Perforation Data: Interval Bottom: 7576 it of Holes: 46 Measure 5 5 1 63000 63 600 63 200 Interval Top: Hole Size: JSND Choke Size: Hole Completion: Production Method: Status: PLUG SET AT 7340', 7/6/05 Tubing Setting Depth: Tubing Multiple Packer: Open Hole Bottom: Completed information for formation 1st Production Date: 12/30/1994 Status Date: 7/7/2005 Commingled: N Formation Name: SUSSEX Formation Treatment: CEMENT SQUEEZED Tubing Size: Tubing Packer Depth: Open Hole Top: Initial Test Data: Test Date: N/A Hours Tested: Gas Disposal: Test Type Measure BBLS_H2O 5 BBLS_OIL 12 CALC_BBLS_H20 5 CALC_BBLS_OIL 12 CALC_GOR 1000 CALC_MCF_GAS 12 CASING_PRESS 900 MCF_GAS 12 TUBING_PRESS 800 Perforation Data: Interval Bottom: a of Holes: Test Method: Gas Type: Interval Top: Hole Size: SUSX Choke Size: Hole Completion: Production Method: Status: 7/7/05 Tubing Setting Depth: Tubing Multiple Packer: Open Hole Bottom: Test Method: Gas Type: 4521 Interval Top: 14 Hole Size: Completed information for formation SX-CD 1st Production Date: 12/30/1994 Choke Size: Status Date: 3/7/1995 Hole Completion: 7065 0.34 N SI 7358 N TA 4495 0.187 http://www.oil-gas.state.co.us/cogis/FacilityDetail.asp?facid=12316237&TYPE=WELL 9/IS/2007 COGIS - WELL Informati. • Page 3 of 3 Commingled: Y Production Method: Formation Name: SUSSEX-CODELL Status: Formation Treatment: Tubing Size: 2.0625 Tubing Setting Depth: Tubing Packer Depth: Tubing Multiple Packer: Open Hole Top: Open Hole Bottom: Initial Test Data: Test Date: 1/4/1995 Test Method: Hours Tested: 24 Gas Type: Gas Disposal: SOLD Test Type Measure BBLS_H2O 5 BBLS_OIL 12 CALC_BBLS_H2O 5 CALC_BBLS_OIL 12 CALC_GOR 1000 CALC_MCF_GAS 12 CASING_PRESS 900 MCF_GAS 12 TUBING_PRESS 800 No Perforation Data was found for formation SX- CD. FLOWING CM 4460 FLOWING http://www.oil-gas.state.co.us/cogis/FacilityDetail.asp?facid=12316237&TYPE=WELL 9/18/2007 COGIS - WELL Informatio1 • Page 1 of I COGIS - WELL Information Scout Card -4 Related Q Insp, Q MIT • GIS a. Doc if Wellbore Surface Location Data for API # 05-123-21175 WellName/No: Operator:: Status Date: County: Field: Planned Location Wellbore Data for Sidetrack #00 Spud Date: N/A Wellbore Permit Permit #: Prop Depth/Form: Mineral Owner: Unit: Formation and Spacing: Formation and Spacing: Formation and Spacing: Casing: Cement: Casing: Cement: Wellbore Completed Completion Date: N/A Measured TD: True Vertical TD: Formation Log Top No additional interval records were found for sidetrack 00. OLSEN Y #5.541. (click well name for production) NOBLE ENERGY PRODUCTION INC - 10120 4/11/2006 Federal or State Lease #: WELD #123 Location: WATTENBERG - #90750 Elevation: 1963 FNL 660 FWL Lat/Long: 40.169078/-104.582254 Orders Status: XX SWNW 5 2N 64W 6PM 4,830 ft. Lat/Long Calculated From Footages Status: XX 4/11/2006 Spud Date is: PLANNED 20061701 Expiration Date: 6/6/2007 7800 Surface Mineral Owner Same: N FEE Surface Owner: FEE Unit Number: Code: CODL , Formation: CODELL , Order: 407 , Unit Acreage: 80, Drill Unit: W2NW Code: JSND , Formation: J SAND , Order: 232 , Unit Acreage: 320, Drill Unit: W2 Code: NBRR , Formation: NIOBRARA , Order: 407 , Unit Acreage: 80, Drill Unit: W2NW String Type: SURF , Hole Size: 1225, Size: 8.625, Top: , Depth: 730, Weight: 24 Sacks: 300, Top: 0, Bottom: 730, Method Grade: String Type: 1ST , Hole Size: 7.875, Size: 4.5, Top: , Depth: 7800, Weight: 11.6 Sacks: 400, Top: , Bottom: 7800, Method Grade: Measured PB depth: True Vertical PB depth: Log Bottom Cored DSTs http://www.oil-gas.state.co.us/cogis/FacilityDetail.asp?facid=12321175&TYPE=WELL 9/18/2007 COGTS - WELL Informatill • Page 1 of 2 1st Production Date: Status Date: Commingled: Formation Name: Formation Treatment Tubing Size: Tubing Packer Depth: Open Hole Top: Initial Test Data: Test Date: Hours Tested: Gas Disposal: Test Type BBLS_H2O BBLS_OIL CALC_BBLS_H2O CALC_BBLS_OIL CALC_GOR CALC_MCF_GAS CASING_PRESS MCF_GAS TUBING_PRESS COGIS - WELL Information Scout Card Q•® Related Q. Insp. 4 MIT • GIB a Doc 'lf Wellbore Orders Surface Location Data for API # 05-123-09575 Well Name/No: UPRR 53 PAN AM N 1]. (click well name for production) Operator: KERR-MCGEE OIL & GAS ONSHORE LP - 47120 Status Date: 2/6/2007 Federal or State Lease #: County: WELD #123 Location: Field: WATTENBERG - #90750 Elevation: Planned Location 1320 FSL 1320 FwL LaULong: 40.163648/-104.579794 Wellbore Data for S Spud Date: Wellbore Permit Permit #: Prop Depth/Form: Mineral Owner: Unit: Formation and Spacing: Wellbore Completed Completion Date: Measured TD: True Vertical TD: Log Types: Casing: Cement: Casing: Cement: Formation FOX HILLS BASE SUSSEX NIOBRARA idetrack #00 9/5/1978 Spud Date is: ACTUAL Status: PR CSW 5 2N 64W 6 PM 5,080 ft. Lat/Long Calculated From Footages Status: PR 2/6/2007 19780825 Expiration Date: 9/30/1995 7700 Surface Mineral Owner Same: N FEE Surface Owner: Unit Number: Code: JSND , Formation: J SAND , Order: 0 , Unit Acreage: 160, Drill Unit: SW/4 3/26/1979 7700 Measured PB depth: 7651 True Vertical PB depth: SO-UES, FDC-GR CALIPER, CBL String Type: SURF , Hole Size: 12.25, Size: 8.625, Top: 0, Depth: 264, Weight: 24 Sacks; 250, Top: 0, Bottom: , Method Grade: String Type: 1ST , Hole Size: 7.875, Size: 4.5, Top: 0, Depth: 7700, Weight: 10.5 Sacks: 250, Top: 0, Bottom: , Method Grade: Log Top Log Bottom 510 4442 6772 D SAND 7460 J SAND 7540 Completed information for formation CODL 6/1/1995 2/6/2007 Y CODELL 2.375 6/1/1995 24 SOLD Measure 6 25 6 25 1920 48 1485 48 1485 Choke Size: Hole Completion: Production Method: Status: Tubing Setting Depth: Tubing Multiple Packer: Open Hole Bottom: Test Method: Gas Type: 0.188 N FLOWING PR 7051 FLOWING Cored DSTs http://www.oil-gas.scate.co.us/cogis/FacilityDetail.asp?facid=12309575&TYPE=WELL 9/18/2007 COGIS - WELL Informatie. • Page 2 of 2 Perforation Data: Interval Bottom: 7082 # of Holes: 61 Completed information for formation J -C 1st Production Date: 8/8/1995 8/8/1995 y J-CODELL Status Date: Commingled: Formation Name: Formation Treatment: Tubing Size: Tubing Packer Depth: Open Hole Top: Initial Test Data: Test Date: Hours Tested: Gas Disposal: Test Type BBLS_H2O BBLS_OIL CALC_BBLS_H2O CALC_BBLS_OIL CALC_GOR CALC_MCF_GAS MCF_GAS No Perforation Data was found for formation J- CDL. Completed information for formation JS 1st Production Date: Status Date: Commingled: Formation Name: Formation Treatment: Tubing Size: 2.375 Tubing Packer Depth: Open Hole Top: Initial Test Data: Test Date: Hours Tested: 24 Gas Disposal: Test Type BBLS_H2O CALC_BBLS_H2O CALC_MCF_GAS GRAVITY_OIL MCF_GAS Perforation Data: Interval Bottom: 7582 *of Holes: 4 8/8/1995 24 SOLD Measure 1 2 1 2 8500 17 17 3/26/1979 2/6/2007 Y J SAND 3/26/1979 Measure 5 5 390 48 390 Interval Top: Hole Size: DL Choke Size: Hole Completion: Production Method: Status: Tubing Setting Depth: Tubing Multiple Packer: Open Hole Bottom: Test Method: Gas Type: ND Choke Size: Hole Completion: Production Method: Status: Tubing Setting Depth: Tubing Multiple Packer: Open Hole Bottom: Test Method: Gas Type: Interval Top: Hole Size: 7067 0.38 N FLOWING FLOWING N FLOWING PR 7055 FLOWING 7540 0.38 http://www.oil-gas.state.co.us/cogis/FacilityDetail.asp?facid=12309575&TYPE=WELL 9/18/2007 • • • ATTACHMENT E USER QUESTIONNAIRE • • • • • • • USER QUESTIONNAIRE INTRODUCTION In order to qualify for one of the Landowner Liability Protections (LLPs)35 offered by the Small Business Liability Relief and Brownfields Revitalization Act of 2001 (the "Brownfields Amendments),36 the user must provide the following information (if available) to the environmental professional. Failure to provide this information could result in a determination that "all appropriate inquiry is not complete. (1.) Environmental cleanup liens that are filed or recorded against the site (40 CFR 312.25). Are you aware of any environmental cleanup liens against the property that are filed or recorded under federal, tribal, state or local law? We are not aware of any filed or recorded environmental cleanup liens against the property. (2.) Activity and land use limitations that are in place on the site or that have been filed or recorded in a registry (40 CFR 312.26). Are you aware of any AULs, such as engineering controls, land use restrictions or institutional controls that are in place at the site and/or have been filed or recorded in a registry under federal, tribal, state or local law? We are not aware of any filed or recorded AULs on the property. (3.) Specialized knowledge or experience of the person seeking to qualify for the LLP (40 CFR 312.28). As the user of this ESA do you have any specialized knowledge or experience related to the property or nearby properties? For example, are you Involved in the same line of business as the current or former occupants of the property or an adjoining property so that you would have specialized knowledge of the chemicals and processes used by this type of business? We are not in the same business as the current occupants nor are we in the same business as the nearby properties (Farming). We therefore have no knowledge of the chemicals used in farming. Any farm lands owned by us are leased to local farmers for operation. (4.) Relationship of the purchase price to the fair market value of the property if it were not contaminated (40 CFR 312.29). Does the purchase price being paid for this property reasonably reflect the fair market value of the property? If you conclude that there is a difference, have you considered whether the lower purchase price is because contamination is known or believed to be present at the property? The purchase price for the property is fair market value for the area. CADocuments and Settingsyhammertocal SoNngs\Temporary Internet Files\OLNFBWser Questionnaire LLPs rtf • • • • • • (5.) Commonly known or reasonably ascertainable information about the property (40 CFR 312.30). Are you aware of commonly known or reasonably ascertainable information about the property that would help the environmental professional to identify conditions indicative of releases or threatened releases? For example, as user, (a.) Do you know the past uses of the property? We believe the past use of the property to only have been farming. (b.) Do you know of specific chemicals that are present or once were present at the property? We are not aware of any chemicals used on the property. (c.) Do you know of spills or other chemical releases that have taken place at the property? We are not aware of any spills or other chemical releases on the property. (d.) Do you know of any environmental cleanups that have taken place at the property? We are not aware of any environmental clean-ups that have taken place on the property. (6.) The degree of obviousness of the presence of likely presence of contamination at the property, and the ability to detect the contamination by appropriate investigation (40 CFR 312.31). As the user of this ESA, based on your knowledge and experience related to the property, are there any obvious indicators that point to the presence or likely presence of contamination at the property? Other than typical farming operations and the existence of an existing oil/gas well on the property we are not aware of any specific or likely conrtamination. 35 Landowner Liability Protections, or LLPs, is the term used to describe the three types of potential defenses to Superfund liability in EPA's Interim Guidance Regarding Criteria Landowners Must Meet in Order to Qualify for Bone Fide Prospective Purchaser, Contiguous Property Owner, or Innocent Landowner Limitations on CERCLA liability ("Common Elements"Guide) issued on March 6, 2003. 36 P.L. 107-118. C:Dowments and SetlingsNMmmer\Loral Settings\Temporary Internet Flles\OLKFB\User Questionnaire LLPs rlf • • • ATTACHMENT F QUALIFICATIONS • • • • • • • A.G. W• ssenaar Geotechnical and Environmental Consultants EDUCATION: RESUME 2180 South Ivanhoe Street, Suite 5 Denver, Colorado 80222-5710 303-759-8100 Fax 303-756-2920 www.agwassenaar.com JULIE A. BRUNGARDT Environmental Scientist Bachelor's Degree in Environmental Studies, University of Colorado, Boulder, CO, 2002 EXPERIENCE: Ms. Brungardt began working with A.G. Wassenaar, Inc. in May 2003. She was hired as a staff environmental scientist for the Environmental Department. Responsibilities include the following: Industrial Hygiene Mold growth and moisture intrusion evaluations in response to water losses Initial and conformance mold inspections of basement subfloor and crawl spaces Indoor air quality investigations pertaining to mold and fungal growth Inspections following fires in residential or commercial buildings Asbestos Air Monitoring Specialist (AMS) duties for asbestos abatement projects Asbestos surveys of commercial and residential buildings Asbestos sample collection including soil and building materials Phase I Site assessments for both buyers and sellers of commercial, industrial and residential real estate TRAINING: EPA -Approved AHERA Asbestos Inspector Colorado State Certified Asbestos Building Inspector EPA -Approved AHERA Air Monitoring Specialist Colorado State Certified Air Monitoring Specialist MEMBERSHIPS: American Industrial Hygiene Association • • • • A.G. W ssenaar • 2180 South Ivanhoe Street, Suite 5 Denver, Colorado 80222-5710 303-759-8373 Fax 303-759-4874 Geotechnical and Environmental Consultants www.agwassenaar.com RESUME EMILY K. TRUEBNER Environmental Geologist EDUCATION: B.S., Environmental Geology, Colorado State University 1999. EXPERIENCE: Ms. Truebner has more than six years of experience in the environmental and geotechnical consulting industries. Her environmental consulting experience includes performing Phase I Environmental Site Assessments of vacant, agricultural, residential, commercial, and industrial properties; conducting subsurface investigations of suspected or known contaminated sites in order to delineate the extent of contamination and determine how to most effectively remediate the site; implementing remediation designs for contaminated sites and; conducting indoor air quality assessments as related to asbestos and mold. Ms. Truebner's field experience includes multi -phase sampling, lithology characterization, well installation, well development, aquifer testing and, well treatment. In addition, her other responsibilities include data analysis, fate and transport modeling and, technical report preparation. Ms. Truebner's geotechnical experience includes performing oversight of residential foundation construction to ensure that the foundation design was appropriate for the site specific subsurface conditions and, that the foundation was constructed according to its plan. TRAINING: 40 Hour OSHA HAZWOPER certified 8 Hour OSHA HAZWOPER refresher MEMBERSHIPS: American Association of Petroleum Geologists (MPG) • • • ATTACHMENT G REFERENCES • • • • • • REFERENCES Chesson, Robert. Colorado Oil and Gas Conservation Commission. Personal Interview. 18 September 2007. Colorado Oil and Gas Conservation Commission. COGCC GIS Online. <http://www.oil- gas.state.co.us/> Federal Emergency Management Agency, Flood Rate Insurance Map Panel #0802660900C. Nation, G. Paull. Written Correspondence, User Questionnaire. 17 September 2007. Hanzlieck, Lynette. Personal Interview - Written Correspondence. 07 September 2007. Satisfi Environmental Information. Cultural Feature Maps dated 1937/41, 1947, 1947/56, and 1969/80. Satisfi Environmental Information. Environmental Database Search. "Pioneer Communities, Weld County, CO". 21 August 2007. Satisfi Environmental Information. Topographic Maps dated 1950 and 1975 United States Department of the Interior, Geological Survey (USGS) Topographic Maps, Klug Ranch, Colorado Quadrangle: 1951 and 1950 (photorevised 1971). • • • A-2 Amendment #2- August 2008 • • • • LSC TRANSPORTATION CONSULTANTS, INC. 1889 York Street Denver, CO 80206 (303) 333-1105 FAX (303) 333-1107 E-mail: lsc@Iscdenver.com Web Site: http://www.lscdenver.com TRANSPORTATION CONSULTANTS, INC. January 18, 2008 Mr. Chris Paulson JF Companies 4643 S. Ulster Street, Suite 1300 Denver, CO 80237 Re: Pioneer Development Weld County, Colorado (LSC #061100) Dear Mr. Paulson: We are pleased to submit this Addendum letter related to the Traffic Impact Analysis for the proposed Pioneer development located in Weld County, Colorado. This analysis is related to the proposed Comprehensive Plan Amendment for the Pioneer development area. The proposed Comprehensive Plan Amendment calls for adding a 300 -acre parcel (the west half of Section 5) to the Pioneer Development, with residential zoning allowing for up to 445 additional single-family residential dwelling units as shown in Figure 1. The most recent Traffic Impact Analysis reports that were done for the Pioneer development (LSC Transportation Consultants, Inc, April26, 2007, and Addendum July 30, 2007) did not include any development potential for this parcel of land, and therefore this report summarizes the expected traffic impacts related to the addition of 445 single-family dwelling units in the 300 -acre parcel shown on Figure 1. These are traffic impacts that are above and beyond the traffic impacts related to the Pioneer development that were summarized in the April, 2007 Master Traffic Study and the July 2007 Addendum letter report related to the density transfer for Section 2, located west of Box Elder Creek and north of Weld County Road (WCR) 22, to Sections 17 and 18 located in the southeast portion of the site. The remainder of this report presents our findings concerning the traffic impacts of the proposed modification to the Pioneer development. Proposed Site Modification A description of the proposed Pioneer development and the traffic impacts related to its build - out are described in detail in the Traffic Impact Analysis report for the Pioneer development (LSC Transportation Consultants Inc., April 26, 2007) and the Addendum letter report (LSC Transportation Consultants Inc., July 30, 2007). These two reports did not include any dwelling units associated with the west half of Section 5 (see Figure 1) and the current comp. plan amendment application calls for adding this 300 -acre parcel to the Pioneer Development, with residential zoning allowing for up to 445 additional single-family residential dwelling • • • Mr. Chris Paulson • • Page 2 January 18, 2008 units. This report analyzes the traffic impacts of adding 445 single-family dwelling units to that area. Year 2030 Background Traffic Projections Year 2030 background traffic volume projections are illustrated in Figures 2 and 3. These traffic projections were taken from the July 2007 Addendum letter report and include regional background traffic growth and traffic from buildout of the Pioneer Development including the 1,000 single-family dwelling units added to Sections 17 and 18 in the southeast portion of the site as summarized in the July 2007 Addendum report. The volumes illustrated in Figures 2 and 3 constitute "background traffic", or traffic anticipated on the roadway system without consideration of the traffic generated by the proposed addition of 445 single-family dwelling units in the west half of Section 5. Estimated Traffic Generation Based on applicable rates cited in the 2003 edition of Trip Generation, published by the Institute ofTransportation Engineers, enclosed Table 1 presents estimates of average daily and peak -hour traffic to be generated by 445 single-family dwelling units. As indicated, the additional 445 single-family dwelling units are projected to generate approximately 4,259 average weekday vehicle -trips (2,130 inbound and 2,130 outbound) on an average weekday. Of these trips, approximately 334 trips (85 in and 285 out) will be generated during the morning peak -hour and 450 trips (285 in and 165 out) during the evening peak -hour. Trio Assignment and Traffic Volumes Figures 4 and 5 illustrate assignment of traffic volumes generated from the proposed additional 445 single-family dwelling units at the surrounding major intersections. This assignment of generated traffic is based upon the traffic distribution percentages shown in the April, 2007 traffic study for the Pioneer development and the vehicle -trip generation estimates of Table 1. The total traffic volumes for Year 2030 are illustrated in Figures 6 and 7. These volumes were derived by adding site -generated traffic from Figure 4 and 5 to the traffic shown in Figures 2 and 3. The traffic volumes shown in Figures 6 and 7 represent buildout of the Pioneer development including the additional 445 dwelling units proposed for the west half of Section 5. Estimated Traffic Impacts In order to assess the impacts of the proposed addition of 445 single-family dwelling units to the Pioneer development, peak -hour capacity analyses have been prepared for the key study intersections assuming background and background plus site -generated traffic conditions. The methodology used is that presented in the 2000 edition of the nationally accepted High- way Capacity Manual, published by the Transportation Research Board of the National Academy of Sciences. The concept of Level of Service (LOS) is used as a basis for computing combinations of roadway operating conditions which accommodate various levels of traffic activity. By definition, six different Levels of Service are used (A, B, C, D, E, and F) with "A" • • • Mr. Chris Paulson Page 3 January 18, 2008 being a free -flow condition and "E" representing the capacity of a given intersection or road- way. The geometry assumed and recommended in the April, 2007 traffic study for the Pioneer Development and the July 2007 addendum letter report was assumed for this analysis with the exception of the geometry shown in Figure 8 for the site access intersections #123 and #124 on WCR 53 north of WCR 22 . Table 2, enclosed, summarizes the results of the morning and evening peak -hour LOS analyses for the study intersections (actual computer analysis printouts are enclosed). As Table 2 shows, all signalized intersections analyzed are expected to operate at an acceptable Level of Service (LOS "D" or better) and all critical approaches of unsignalized intersections analyzed are expected to operate at an acceptable Level of Service (LOS "D" or better) with the additional traffic from the proposed addition of 445 single-family dwelling units to the Pioneer development. Average Daily Traffic The Year 2030 average weekday traffic impacts of the proposed additional dwelling units for the study area are illustrated in Figures 9. This figure illustrates the average weekday traffic expected to be generated by the proposed additional 445 single-family dwelling units, total average daily traffic as well as the percent impact of the additional traffic. As this figure illustrates, the traffic generated by the proposed additional dwelling units will increase traffic by approximately one percent on WCR 22 west of WCR 49, 2.9 percent on WCR 49 north of the Pioneer development, 3.6 percent on WCR 49 south of the Pioneer development, and 4.5 percent on WCR 53 south of the Pioneer development. Recommendations The following are the changes from the recommendations summarized in the April, 2007 traffic study for the Pioneer Development and the July 2007 addendum letter report: Extend the transition from four -lane arterial roadway to two-lane collector roadway approximately one -quarter mile north to access intersection #124 as shown in Figure 8. • Revise the geometry of the site access intersections #123 and #124 on WCR 53 north of WCR 22 as shown in Figure 8. • • • Mr. Chris Paulson • Page 4 January 18, 2008 We trust that our findings and recommendations will assist in the planning for the proposed Pioneer Development. Please call us if we can be of further assistance. Respectfully submitted, LSC Transportation Consultants, Inc. By: Benjamin T. Waldman, P.E., PTOE Enclosures: Figures 1 through 7 Tables 1 and 2 Level of Service Analysis Worksheets BTW/wc O:\LSC\Projects\2006\061100\Report\Jan 2008\A1 -Comp Plan Amendment.wpd • o • a Notes: (1) Source: "Trip Generation", Institute of Transportation Engineers, 7th Edition, 2003. (2) ITE Land Use No. 210, Single -Family Detached Housing (3) Dwelling Unit Table 1 ESTIMATED TRAFFIC GENERATION Pioneer Development - West Half of Section 5 Addendum Weld County, Colorado (LSC #061100; July, 2007) Trip Generation Rates (1) Vehicle - Trips Generated Average AM Peak -Hour PM Peak -Hour Average AM Peak -Hour PM Peak -Hour Trip Generating Category Quantity Weekday In Out In Out Weekday In Out In Out Single -Family Detached Housing (2) 445 DU (3) 9.57 0.19 0.56 0.64 0.37 4,259 85 249 285 165 Total 4,259 85 249 285 165 Table 2 Year 2030 Intersection Levels of Service Analysis Pioneer Development, West Half of Section 5 Addendum Weld County, Colorado (LSC #061100; January, 2008) Intersection Location Traffic Control Year 2030 Background Traffic Level of Level of Service Service AM PM Year 2030 Background Plus Site -Generated Traffic Level of Level of Service Service AM PM 101. US85NMCR22 fa Critical Approach Delay (sec /veh) Critical Approach LOS 102. US 34NJCR 49 Entire Intersection Delay (sec /veh) Entire Intersection LOS 107. WCR 49NNCR 22 Entire Intersection Delay (sec Neh) Entire Intersection LOS 109. WCR49/RoadA Entire Intersection Delay (sec Neh) Entire Intersection LOS 110. WCR 49ANCR 28 Critical Approach Delay (sec /veh) Critical Approach LOS 112. WCR 22/Site Access No. 112 Entire Intersection Delay (sec /veh) Entire Intersection LOS 114. WCR 22/Road A (WCR 511 Entire Intersection Delay (sec /veh) Entire Intersection LOS 115. WCR 22/Site Access No. 115 Critical Approach Delay (sec /veh) Critical Approach LOS 116. WCR 22/Site Access No. 116 Critical Approach Delay (sec /veh) Critical Approach LOS 117. WCR 22/Road C Critical Approach Delay (sec /veh) Critical Approach LOS 118. WCR 22/WCR53 Entire Intersection Delay (sec Neh) Entire Intersection LOS 121. WCR 53/Road C Critical Approach Delay (sec Neh) Critical Approach LOS 122. WCR 53/Site Access No 122 Critical Approach Delay (sec /veh) Critical Approach LOS 123. WCR 5a/So11th Site Access Entire Intersection Delay (sec Neh) Entire Intersection LOS 124. WCR 53/North Site Ances4 Critical Approach Delay (sec Neh) Critical Approach LOS 128. Road C/Site Access No. 126 Critical Approach Delay (sec /veh) Critical Approach LOS Unsionalized (Right -turn only) Sionalized Sionalized Signalized Unsionalized Sionalized Sionalized Unsionalized Unsionalized Unsionalized Signalized Sionalired )Insinnalized Unsionalized Unsionalized Unsionalized 0 A 0 A 30.9 38.8 C D 26.6 29.4 C C 13.5 7.3 8 A 17.9 18.9 C C 21.2 20.6 C C 19.1 17.2 B B 13.9 17.8 B C 11.6 13.5 B B 12.4 13.3 B B 32.4 23.2 C C 32.4 13.6 C B 17.5 23.8 C C 23.2 24.5 C C 18.2 22.3 C C 20.5 C C 20.8 0 0 A A 32 42 C D 27.8 33.5 C C 17.2 9.3 8 A 18.5 19.7 C C 21.5 21.1 C C 19.4 17 B B 14.8 19.8 B C 11.9 13.8 B B 12.5 13.8 B B 34.2 24.3 C C 21.2 14 C B 18.8 27 C D 30.5 D 34.8 D 21.8 29.5 C D 20.5 20.8 C B Notes (1) Using 2000 Highway Capacity Manual (11CM) methodology and Level of Service (LOS) definitions. (2) LOS A reported in the table due to proposed free right. • • 0 • • • • 0 • • A-2 Amendment #2- August 2008 • • CEI sil-) • a C ▪ ▪ aA a, as E ._ O. m o CU O d O a)in F— M m_ cu r x X w -a I +, rr i CC O N TJ co o N CCi CUJ �� I '• 1 1 1 1 1 1 y 1 CARROLL& LANGE PP0FESSI0N,u ENCINEEPS a EaNO SOPVEYOPS PREPARED FOR PROSPECT FARMS I I HOLDINGS, LLC 9145 EAST KENYON AVENUE, SUITE 202 DENVER, CO 80237 303-843-9742 FAX: 303-843-0143 PHASE I DRAINAGE REPORT FOR HP -319 (WEST HALF OF SECTION 5, TOWNSHIP 2 NORTH, RANGE 64 WEST) COMPREHENSIVE PLAN AMENDMENT WELD COUNTY, CO, SE WELD PUD JANUARY 16, 2008 165 South Union Boulevard, Suite 156 Lakewood, CO 80228 Ph: 303-980-0200 Fax: 303-980-0917 JN: 3325 1 1 1 1 1 1 4 1 1 1 1 1 1 1 ENGINEER CERTIFICATION I hereby affirm that this Phase I Drainage Report for HP -319 (West Half of Section 5, Township 2 North, Range 64 West) was prepared by me (or under my direct supervision) for the owners thereof in accordance with the provisions of Section 24-7- 110 of the Weld County Code and the Urban Drainage and Flood Control District Criteria Manual. Clifford D. Netuschil, PE Colorado PE No. 38138 For and on behalf of Carroll & Lange, Inc. Date y 1 1 1 1 1 1 1 TABLE OF CONTENTS I. GENERAL LOCATION AND DESCRIPTION A. Location 1 B. Description of Property 1 II. DRAINAGE BASINS AND SUB -BASINS A. Major Basin Description 2 B. Sub -Basin Description 3 III. DRAINAGE FACILITY DESIGN A. General Proposed Concept 5 B. Specific Details 6 IV. CONCLUSION7 V. REFERENCES 8 APPENDIX A Vicinity Map SCS Soils Information FIRM Map Land Plan APPENDIX B NOAA ATLAS and UD&FCD Maps APPENDIX C PIONEER Historic Drainage Basins Map PIONEER Developed Drainage Basins Map HP -319 Historic Drainage Basins Map y 1 1 1 1 1 1 1 PHASE I DRAINAGE REPORT FOR HP -319 I. GENERAL LOCATION AND DESCRIPTION A. Location HP -319 (site) is completely within Weld County and is surrounded by undeveloped agricultural land. A copy of the Vicinity Map showing the location of the site is located in Appendix A (Figure 1). More specifically the site is located in the West Half of Section 5, Township 2 North, Range 64 West of the Sixth Principal Meridian, County of Weld, State of Colorado. The site is not adjacent to any existing developments and no improved roadways are within or adjacent to the proposed site. There are areas on the site where oil and gas operations are being conducted. It should be noted that the proposed Pioneer development borders the project to the north, east, and south. Undeveloped agricultural land boarders the land to the west. Unnamed drainage is an existing drainage bisecting the site and is generally aligned from the southeast corner to the northwest. This drainage does not typically carry a consistent base flow and confluences with Box Elder Creek, which is also an existing open channel, approximately one half mile to northwest of the subject site. B. Description of Property The project site encompasses approximately 317 acres of undeveloped agricultural land. Ground cover consists of native weeds and grasses, including yucca and sage. The site can effectively be divided into two portions, the eastern portion that is east of the unnamed drainage and the western portion that is west of the unnamed drainage. The eastern side of the site maintains slopes ranging from 2 to 10 percent and drains west and northwest toward the drainage. The western portion of the site maintains slopes that range between 0.5 and 10 percent and drains predominantly to the north toward the drainage. The unnamed drainage is located on privately owned land and is not a part of any local agency's maintenance program. It is expected that as development within this area progresses the drainage would be annexed into an agency's or metro district maintenance program. This drainage report is intended to provide drainage information for a Comprehensive Plan Amendment and ultimately a PUD application and 1 1 1 1 1 1 4 t i 1 1 1 1 1 1 PHASE I DRAINAGE REPORT FOR HP -319 Page 2 sketch plan submittal for the subject site. Proposed development for the site will include low and medium density single-family residential. Presently, the Pioneer development is zoned PUD and is planning to develop parcels of land to the north, east, and south of the site which will include low and medium density single-family residential. Soil data for the subject property was obtained from the United States Department of Agriculture Soil Conservation Service (SCS) website. The soil survey area was: Weld County, Colorado southern part; and the soil area data was: Version 7, January 10, 2007. Figure 2 in the Appendix A reflects the subject site in relation to the SCS Soil Survey data. The soil types consist of Loup Boel Loamy sand, Osgood Sand, and Valent sand. The two predominant soil types overlaying the site are Osgood sands and Valent sands. Both of these sands fall within hydrologic soil group A. These soils are characterized as having a high infiltration rate even when thoroughly wetted and consist chiefly of deep, well to excessively drained sands or gravels. II. DRAINAGE BASINS AND SUB -BASINS A. Major Basin Description There are no known existing drainage related studies for the unnamed drainage or Box Elder Creek near the site. Although, a Flood Hazard Area Delineation (FHAD) was prepared for a reach of Box Elder Creek located to the south of the site. Additionally, it is expected that detailed drainage analysis and reports will be performed and written as part of the adjacent Pioneer development. This information should be referenced and used as a guide when they become available. The site is located in the major basin of the unnamed drainage. The basin extends to the south past Interstate 76 and encompasses approximately 7.7 square miles. The basin is predominately undeveloped agricultural land and predominantly drains via overland sheet flow and along naturally formed drainage draws to the unnamed drainage. The unnamed drainage, near the site, maintains several thalwegs with a wide flat bottom and confluences with Box Elder Creek approximately one half mile to the north of the site. The drainage is a moderately defined, unimproved natural drainage that does not carry a consistent base flow. PHASE I DRAINAGE REPORT FOR HP -319 '• Page 3 Box Elder Creek, which is the drainage north of site, has a defined creek bottom, and does not normally carry a base flow either. Box Elder Creek continues to the north of the project site and joins the South Platte River approximately 17 miles north of the project. According to the Flood Insurance Rate Map (FIRM) for Weld County, Colorado, Community Panel No. 080266 0900C, dated September 28, 1982, there are portions of the site that are within the Zone A 100 -year floodplain. Zone A is described as "areas of 100 -year flood; base flood elevations, and flood hazard factors not determined." A FIRMette is included in Appendix A Figure 3, and the floodplain is indicated on the attached drainage map. The FIRM represents floodplain along Box Elder Creek and the unnamed drainageway within and adjacent to the site. As development within the site progresses, it is expected that the existing 100 -year floodplain for the unnamed drainage will be evaluated and a Conditional Letter of Map Revision (CLOMR) and Letter of Map Revision (LOMR) will be submitted to the Federal Emergency Management Agency (FEMA). It should be noted that this process would occur as part of the Pioneer development. It is understood that this reach of the unnamed drainage will be evaluated as part of the FHAD, which is being prepared with the Pioneer development. Coordination between the two developments should be maintained so accurate information is used when mapping the floodplain. Klug Ditch No. 3 meanders through the West Half of Section 32, which borders the subject site to the north. This is the only irrigation ditch known to be within the limits of the proposed development. Klug Ditch No. 3 was recorded at the Office of the Weld County Clerk and Recorder as File No. 1048, Map No. 12649, although there is no evidence that water rights were ever adjudicated for the ditch. It is believed that the ditch will not have an impact on the proposed development. B. Sub -Basin Description Near the site, the unnamed major basin was subdivided into three sub - basins. These sub -basins coincide with sub -basins established with the Pioneer Change of Zone Master Drainage Report. The differences being these sub -basins now include the subject site. A naming convention was used to help correlate the basins to the Pioneer drainage report. 1 1 1 1 1 1 1 PHASE I DRAINAGE REPORT FOR HP -319 Page 4 As stated previously, the site is bisected by the existing unnamed drainage. This effectively cuts the site into two parts, an eastern half and a western half. The eastern half of the site is further divided into two sub -basins HU-3A and HU-4A. The western portion of the site was inclusive to one sub -basin, designated as HU-10A. Eastern Sub -Basin Flow patterns within the basin were determined by review of existing topography that was obtained be field survey and aerial photography. Sub - basin HU-3A encompasses approximately 256 acres of undeveloped naturally vegetated land. Approximately 43 acres of the basin is onsite with the remainder located offsite. The basin drains in a northwesterly direction via sheet flow and along shallow sloped, naturally formed drainage draws. The basin ultimately outfalls into the unnamed drainage located onsite. Sub -basin HU-4A encompasses approximately 645 acres of undeveloped naturally vegetated land. Of this area, approximately 62 acres fall within the site boundary. Similarly to basin HU-3A, this basin drains via overland sheet flow and shallow sloped, naturally formed drainage draws. Runoff with the basin generally drains in a northwesterly direction. Offsite runoff is received onto the subject site along the eastern property line. This runoff continues though the site and discharges offsite along the northern property line via overland flow. The runoff within this basin ultimately outfalls into the unnamed drainage within Section 32, which is within the boundary of the Pioneer development. Finally, approximately 104 acres of the site are located within the unnamed drainage and is currently within the limits of the 100 -year floodplain. As the project moves along in the Weld County development process, coordination should occur with the proposed Pioneer development. Based on expected development timing, offsite runoff received from the Pioneer development may discharge onto the site as a point discharge from proposed regional detention facilities. In this event, development of the site should account for a conveyance path of this runoff, through the site, and into the unnamed drainage. Presently, the Pioneer development anticipated that two regional ponds, Ponds B3 and B4, would be located along the projects eastern boundary and would discharge on the subject site within this sub -basin. 1 1 1 i 1 1 1 1 1 1 1 1 1 1 PHASE I DRAINAGE REPORT FOR HP -319 Page 5 Western Sub -Basin Sub -basin HU-10A accounts for the portion of site west of the unnamed drainage, encompasses approximately 353 acres, and is tributary to the unnamed drainage. Of this area, approximately 215 acres fall within the site boundary. Runoff within the basin generally drains via overland sheet flow to the northeast. Offsite runoff is received along the southern and western property lines via overland sheet flow. Runoff from the south has been accounted for in the Change of Zone Master Drainage Report for Pioneer. Runoff from the south is received from an offsite basin that has not been previously reviewed in a drainage publication. The runoff in the drainage basin ultimately discharges into the unnamed drainage onsite. Presently the Pioneer development anticipated flows from this sub -basin to be diverted at the northern property line to the unnamed drainage. III. DRAINAGE FACILITY DESIGN A. General Proposed Concept As previously noted, this report is accompanying a Comprehensive Plan Amendment and a future Sketch Plan submittal to Weld County. A copy of the land plan has been included in Appendix A, Figure 4. The land plan is proposing residential communities consisting of densities from one dwelling unit per acre to 3.2 dwelling units per acre. Additionally, the land plan has accounted for the unnamed drainage. Stormwater runoff during the minor and major storm events will be carried through the site by a number of different means. In medium density areas of development, curb and gutter along the roadways will carry the initial runoff to a storm sewer system. Roadside ditches may be used in less dense areas to safely convey the runoff to larger drainage conveyance infrastructure. This infrastructure may include large storm sewer pipes or drainage channels. Each developed basin will ultimately drain to a regional detention facility prior to discharging offsite or into the unnamed drainage. In accordance with Weld County criteria, proposed ponds shall detain the 100 -year storm event in the developed condition and discharge the flow at the 5 -year historic rate. It is anticipated that a Pioneer metro district will annex this IS 1 1 1 1 1 1 4 t i 1 1 1 1 1 1 PHASE I DRAINAGE REPORT FOR HP -319 Page 6 development area and this district will be responsible for ownership and maintenance of these facilities. Offsite basins will be analyzed, to determine the extent of developed flows that may drain onto the site. It is anticipated that adjacent properties, should they develop, would at a minimum need to detain and release at rates equal to the historic rate. Onsite detention will not be provided for any offsite properties and will be passed through or around the site's regional detention facilities at its historic rate. Conveyance infrastructure shall be extended through the site's community to the offsite upstream drainage basins as necessary to safely convey historic runoff generated from adjacent properties. The Weld County Addendum to the Text of the Urban Storm Drainage Criteria Manuals and the UDFCD manual, volumes 1-3, were used as the primary criteria for storm drainage infrastructure design. Presently, there are no known requests for variance from Weld County Storm Drainage Criteria for this site. The HEC-HMS computer program will be utilized to analyze the historic basins. Utilizing the one -hour depth for a specified event, a two-hour storm event will be analyzed with HEC-HMS. HEC-HMS data will be used to size the regional infrastructure such as major channels and detention facilities. The Rational Method (Q = CIA) shall be used for evaluating and sizing infrastructure related to smaller onsite basins in subsequent drainage studies for the site. It is anticipated that drainage patterns will follow the lay of the land and coincide as closely as possible with the existing drainage patterns. Point discharges released from proposed detention facilities will coincide with existing outfalls into the unnamed drainage as practicality permits. B. Specific Details The FHAD study prepared for the Lower Box Elder Creek, which is near the site, used a one -hour, 100 -year rainfall depth of 2.6 inches (six -hour = 3.4 inches). This is consistent with NOAA Atlas 2, Volume III Isopluvials (Figure 5). However, reviewing the Urban Storm Drainage Criteria Manual Volume / (Figure 6), the 100 -year, one -hour rainfall depth for this site is 2.7 inches. In order to be consistent with the previous studies prepared for Box Elder Creek, the 100 -year, one -hour rainfall depth shall be 2.6 inches. Therefore, the 5 -year and 10 -year rainfall depths shall be 1.4 inches and II• 1 1 1 1 1 1 4 1 1 1 1 1 1 1 PHASE I DRAINAGE REPORT FOR HP -319 Page 7 1.7 inches, respectively. Intensity -Duration -Frequency curves (5-, 10-, and 100 -year) shall be prepared based on the 1 -hour rainfall depth. This information is presented in the Appendix B. Conceptually, two regional detention facilities (ponds) are thought to be appropriate within the site boundary. Once a sketch plan becomes available, major roadways and planning areas will be used to create developed basin lines and developed basin map will be provided. This thought to occur when a sketch plan application occurs for the subject site. During the PUD Change of Zone process, a much more detailed report shall be provided. This future report shall include hydrological modeling of the onsite and offsite drainage basins. These models will determine flow rates at key locations, approximate detention pond sizing, and preliminary channel sizing calculations, as needed. As previously noted, the existing 100 -year floodplain shall be delineated for this reach of the unnamed drainage. These flows shall be used to properly size the proposed box culverts. Preliminary channel improvement recommendations, if any, shall be provided with the Change of Zone submittal. This may include recommendations for grade control structures. IV. CONCLUSION This Phase I Drainage Report for HP -319 shall provide the necessary background and conceptual design parameters surrounding the Comprehensive Plan Amendment submittal. A more detailed report (Master Drainage Report) will follow this for the PUD Change of Zone application to Weld County. This report was prepared in accordance with Weld County Storm Drainage Criteria Addendum to the Text of the Urban Strom Drainage Criteria Manuals. 1 ' \ CARROLL & LANGE • I I 1 I I I. I 1 I 1 APPENDIX A Vicinity Map SCS Soils Information FIRM Map Land Plan • 1 1 1 1 1 iI • 1 1 1 1 1 1 1 i MS9 ' z F - F\• (v (N (2 W z w lil Mb9 GVO AJS1IJ1 ri I 6 `✓ ?-i 9 M\ 1 Soil Map —Weld County, Colorado, Southern Part HP -319 Soils Survey 1 y 1 eat _ Map Unit Legend Weld County, Colorado, Southern Part (CO618) Map Unit Symbol Map Unit Name Acres In AO1 Percent of AO1 35 Loup-Boel loamy sands, 0 to 3 percent slopes 52.2 15.9% 49 Osgood sand, 0 to 3 percent slopes 64.1 19.5% 70 Valent sand, 3 to 9 percent slopes 205.2 62.3% 84 Playas 5.1 1.5% 85 Water 2.6 0.8% Totals for Area of Interest (AOI) 329.2 100.0% Natural Resources Conservation Service Web Soil Survey 2.0 1/21/2008 National Cooperative Soil Survey Page 3 of 3 I I � I I @ I I I I I I I I I I 141 MAP INFORMATION Very Stony Spot MAP LEGEND co Soil Map Units co )W §§ 8 \�\ ®E i/\ OO o 73. j O cc \}2 to o Date(s) aerial images were photographed: P4 g U. 4`\ 5O on E 0 {)e oe !{[{ \\to 0 0a) Eo iE .E E co o re /2'�k-�a 5 CD (3C9 j \ / a. %» R x, x� 0 w 4 x e®> w 2!, f«,.O a. cn e re Si in } Other Roads Mine or Quarry Miscellaneous Water 0. co cu )�kGO a a. 0-oa )))\\\))\{ o 0 9 zo q I ,• I I I I 1 1 i 1 1 APPROXIMATE SCALE O H 1s' 1 S k1/4{ op. C <r• of oC C ¢ r ?7,00a0 pr -U ~ aYQ QO^ C ,<C2 C3 Tin' DC r`oou n COQ C ai— ¢�' / al C C G ANN N Nbp � CTP/l E>4 QV.d � C cQ <,0 NAG mE>Tu ,t_ cQ �C b N•('Cµ l POQd D�� dcN -- --- O L` .-]arCQC O C O✓?= n N N a 'o K �� z ' CARROLL & LANGE_ 1• I I I I I 1 I. I I I 1 APPENDIX B NOAA ATLAS and UD&FCD Maps w 107 1211 h to COLORADO 10 0 10 20 39 10muL 109--_._....._......_.loe.....-_.._._._.. - - 10 ----- 2i AIIX 07 117 !} NOAA MIAS 2. Wearer I Pr yn by US el Commerce N.S IOc IM 4 OUb. lyd•WNrrlien Nabors, WNIMr WAN, Office d I ydroloa Priewerf ter Dogarboriet el Ste Con UIIIn Wyk; IrtA.Iing wagon 104 1,j5 104 102 yr�+l5ri;�.n I i • I �1 . 4 1 IS i Figure 25 ISOPLUVIALS OF 100-YR 5 -HR PRECIPITATION IN TENTHS OF AN INCH 4 —11 I II 103 102 3 F/&c,A, l t 1 1 I. 1 1 1 1 RAINFALL DRAINAGE CRITERIA MANUAL (V. 1) H /1 W 2.4 2.5 R 70 W 2.65 2.7 R 59 W 2.7 R fib W R 2.6L 6/ W R 66 W 2.65 R 65 W 2.7 R 69 W R 53 W 2. L Eoucrnowr • m T2N MOT• r -I 1 I I J - II m / EEo I F 13 0 DER I O BRICHIO; • DM55 I .4 F ER ON F rc INVERcH 2.2 I / .� n, AONns ' 2.15 2.1 \�. \ ARARAHOC 2 7 6 h r 2.65 EVEN 4EE• , \ I \ T AW,':),r PANOE 2.05 ON6f2 • 1/ 1 I I PAh :c:.;s CV SF- fC9ERl - 2.O -` DALIA N 2.6 1 2.R 71 W 1 R 70 W 4 LR 269 W3 25 2.4 R AR P • n c] x R F'; r. n R P4 W P 5i w RA -18 Figure RA -6 —Rainfall Depth -Duration -Frequency: 100 -Year, 1 -Hour Rainfall 01/2004 Urban Drainage and Flood Control District 1 1-96a....47 a s� \ / CARROLL & LANGE- �• I I I I I I I. I I I I 1 I APPENDIX C PIONEER Historic Drainage Basins Map PIONEER Developed Drainage Basins Map HP -319 Historic Drainage Basins Map File contains oversized map Please see original file • • • • • A-2 Amendment #2- August 2008 -D W V) a ,- E O- o u w w k � a; I. D co a X W 4-1 f R � k� § H I CO ) fsl � \ 2 ( • • • • • HP319 Ecological Assessment January 15, 2008 Prepared for: Ms. Julie Brungardt A.G. Wassenaar, Inc. 2180 South Ivanhoe Street, Suite 500 Denver CO 80222 Prepared By: Wildlife Specialties L.L.C. PO Box 1231 Lyons, CO 80540 • t.o Introduction The project area covered by this Ecological Assessment encompasses approximately 320 acres southeast of Milton Reservoir in southern Weld County, Colorado. The property is approximately 1.0 mile northeast of the intersection of Weld County roads 49 and 22, in the west half of section 5, Township 2 North and Range 64 West. The primary objective of this Ecological Assessment is to identify habitats, characterize those habitats based on species use, and to identify habitats associated with species listed, proposed for listing, or are candidates for listing under the Endangered Species Act (ESA) of 1973 (as amended). A secondary objective is to offer suggestions on how land development at the project area can occur while incorporating wildlife resources. 2.0 Environmental Setting • The project area has a gentle, rolling topography that slopes and drains to the west towards Box Elder Creek. Elevation varies within the project area, averaging approximately 4.850 feet above mean sea level. The project area is located on the Klug Ranch. Colorado. 7.5 minute series. U.S. Geological Survey topographic map (Figure 1). Box Elder Creek and Klug Reservoir arc west of the project area and are the largest water features proximate to the project area. Historically. Box Elder Creek was a perennial stream that flowed northeast to the South Platte River. Due to hydrological changes, flowing water now seldom occurs within Box Elder Creek. Any flows that do occur are likely to be impounded in Klug Lake. which currently appears dry. The project area is located in the eco-region identified as the Great Plains -Palouse Dry Steppe Province of the dry domain (Bailey 1995). This eco-region is characterized by a mean annual temperature of 35° to 45° F, but can reach an average high of 60° F in the southern parts of the region. Winters are cold and dry and summers are warm to hot. Precipitation varies in the Great Plains from 10 inches in the north to more than 25 inches in the south (Bailey 1995). The average precipitation in Weld County is 14.09 inches (NDIS 2005). 3.0 Methods Field reconnaissance was completed by Robert Magill of Wildlife Specialties, L.L.C. on 9 January 2008. Using a pedestrian survey. an assessment of habitat types present, their condition. and the suitability for supporting sensitive species was evaluated. The project area was traversed longitudinally to identify basic habitat types, make observations of the species' use of the habitats (i.e. foraging, nesting), and identify which species are currently using these habitats. Binoculars were used to examine areas for use by wildlife prior to disturbing those areas by walking through them. Observations of habitat also were made, where possible, by driving around the property on the numerous oil and gas roads. Approximately 6 inches of crusty snow covered the ground. with new snow falling at the time of the survey (Photo 1). • r • • • • 4.0 Vegetation Types 4.1 Sand-sage/Shortgrass Prairie Sand-sage'shortgrass prairie is common within the project area. However, the quality of this habitat varies based on the intensity of prior disturbance and current land uses. Historic and current livestock grazing has altered the ability of this vegetation type to support wildlife populations. Remnant native shortgrass prairie occurs throughout the project area and is seasonally grazed by cattle (Photo I ). Most of the project area is characterized by stands of sand sage (Artemesia fili%olia) with other non -herbaceous species including yucca (Yucca sp.), prickly pear cactus (Opuntia sp.), and rabbitbrush (Chrvsothantnus sp.) (Photo 2). Herbaceous species observed included, but were not limited to, grama grasses (Bouteloua sp.), cheatgrass (Bronues tectorum), and wheatgrass (Agroprron sp.). Kochia (Kocia .scapula) and Russian thistle (5a/sofa iherical. noxious weeds as defined by the State of Colorado. are present in much of the project area. 5.0 Wildlife A pedestrian survey and visually surveying areas from a vehicle was used to assess the suitability of the habitats within the project area for supporting sensitive species. The property currently supports a representative suite of native species typically found within the greater Central Shortgrass Prairie ecosystem. At the time of the survey, avian diversity is not representative of what would exist during the breeding season. 5.1 Habitats and Species Presence The Central Shortgrass Prairie ecosystem represented within the project area is comprised of a single habitat type, the sand-sage/short grass prairie. Agricultural influence on the project area is limited to livestock grazing. Access roads to oil and natural gas development sites are present within the project area and on adjacent lands. Generally, the wildlife diversity of this habitat type is comprised of habitat generalists with few specialists present. This habitat type is found throughout the project area. supporting a suite of species common to this habitat type. Species either seen on the project site or identified by physical evidence (i.e. tracks, scat, diggings) included cottontail rabbit (Srhilagus sp.), black -tailed jackrabbit (Lepus cla('fornicus), Ord's kangaroo rat (Dipodomrs ordii) and coyote (Canis latrans). In addition to the species identified, many small mammal burrows were observed. The only avian species observed during the survey was horned larks (Lremophila alpestris). Although other species such as American kestrel (Falco span•erius) and rough -legged hawk (Brie° lagopus) are known to winter on the Great Plains of eastern Colorado, none were observed within the project area. No reptiles or amphibians were observed within the project area; however the timing of the survey was not conducive to observing these animals. Although the project area currently supports a diverse community of wildlife. the diversity is not at the level of what would exist in a non -altered native sand-sage/shortgrass prairie habitat. 5.2 Species Protected, Proposed for Protection or Candidates for Protection under the Endangered Species Act • • • • • Sterna antallarlrea Piping pioser C'hatru+[riras rneh,Ji. Mexican spotted owl S117 a ufehlrnMll.e hh iJu klanimals The U.S. Fish and Wildlife Service (USFWS) is mandated under the Endangered Species Act (ESA) of 1973 (as amended) to conserve ecosystems upon which endangered and threatened species depend and to provide for the conservation of such species. Table 1 lists those wildlife species that may occur within or he impacted by actions occurring within Weld County according to the latest species list from the U. S. Fish and Wildlife Service (htttp Imountain- prairie.t s.gov: endspp CountyLists.CULORADO.htm). into -illation for each species was summarized from the Colorado Breeding Bird Atlas (kingery 1998) and Mammals of Colorado (Fitzgerald et al. 1994). Table I identifies these species and their potential to occur within the project area. Table 1. Federal()listed and candidate species potentially occurring in the project area. Species Fish Pallid sturgeon S�-uphirlmtchu. a1h11. Status -+- Habitat Requirements Potential for Occurrence Fh 4 Meandering. braided channels and backwaters that provided different depths and Clow .elocitics in the Missouri river. I3irds )oes not occur near the project l area. Protect «ill not cause additiunuk South Platte River water depletions aside from those already allocated 14 hopping crane (,r11.' ufh47c'alhl Muskeg in the summer and prairie pools Does not occur near the pr ject and marshes during migration. No area. Project will not cause historical nesting is known to has e additional South Plane Riser rh•cuITed in Colorado t kingery I. water depletions aside from those already allocated I east tern (interior population) Fh Sparsely s egetated sandy. gra.elly. or Does not occur near the project silty hatches provide nest .sites- Found .area. Project will not cause on the shores of irrigation resenoirs and additional South Platte Riser on islands in risers water depletions aside from those IKiuger) I995t. ahead) allocated. -4— reser%airs or In Colorado piping plovers nest broad. sandy beaches. prckrahl} islands. Known onl. to nest southeast Colorado i Kingers' t')')5). on on in Does not occur near the project area. Prujact will not cause additional South Plane River water depletions aside from those already allocated. FI Rocky canyons or forested mountains below 2.1004 meters I9,5tt(t feet) altitude. Nests in standing snags and hollow trees. Does not occur in project area. Appropriate habitat is not present. Black -rooted Ferret .thactela nigry+o I1: I arge expanses of shun grass prairie , Does not occur in project area—i., where prairie dogs are present. Appropriate habitat is not present. Prchle's meadow jumping mouse F.I ' Riparian areas with lush segetation. Does not occur in project area. • • • • Lupus ha,lsonuns prehle i Species Plato t. le ludie'< tres.e .Sputmtlrr, Stilt emit, Colorado butterfly plant Caddo lie/WICtitirnJ oden,i. Status rr Appropriate hooded is not present. I Habitat Requirements Potential for Occurrence i.. F dgs of riparian areas. and moist and I Does not occur in prujcct ire. wet meadows associated with perennial Appropriate habitat i. not present water .ourccs. Colorado butterfly plant i. an early succes.ional species 1',tltltough probably not a pioneer) adapted to periodically disturbed, subirrigated stream channels with short , euetati, e coy er Doc. riot occur in project area Appropriate habitat is not present. FE - Federally Endangered; FT — Federally Threatened: EC — Federal Candidate The project area does not offer suitable habitat for any of the nine federally listed species with potential to occur in Weld County. No designated critical habitat for any of the species identified in Table I exists within or near the project area. Therefore, this project will not impact any species protected under, candidates for protection, or proposed for protection under the ESA. 5.3 State Species of Concern Within Colorado the status of species is tracked by the Colorado Natural Heritage Program (CNHP). The CNIIP is the state's primary comprehensive biological diversity' data center, gathering information and field observations to help develop statewide conservation priorities. Data available through the C'NHP includes occurrences of species listed under the ESA, and the ranking of species and ecological communities according to their imperilment status. This information provides guidance for where sensitive species are located in relation to projects and identities the presence of habitats that are imperiled. For each species, an imperilment ranking is assigned that identities imperilment over its entire range (G -rank) and within Colorado (S -rank). When combined, these ranks identify the imperilment fin that particular species. Several factors, such as rarity, evolutionary distinctiveness, and endemism (restrictiveness of habitat). contribute to the conservation priority of each species. Certain species are "watchlisted," meaning that specific occurrence data are collected and periodically analyzed to determine whether more active tracking is warranted. Definitions of the state and global rank follow_ only up to G/53: species with greater rankings generally are not imperiled: • G/SI Critically imperiled globally/state because of rarity (5 or fewer occurrences in the world/state; or 1.000 or fewer individuals), or because some factor of its biology makes it especially vulnerable to extinction. • 6752 Imperiled globally/state because of rarity (6 to 20 occurrences, or 1,000 to 3,000 individuals), or because other factors demonstrably make it very vulnerable to extinction throughout its range. • G/S3 Vulnerable through its range or found locally in a restricted range (21 to IOU occurrences, or 3,000 to 10.000 individuals). • • • • • • The Colorado Division of Wildlife (CDOW) has developed categories of imperilment for nongame (not hunted) species. The categories are defined as follows: • E Endangered: those species or subspecies of native wildlife whose prospects for survival or recruitment within this state are in jeopardy. as determined by the Colorado Wildlife Commission (Commission). • T Threatened: those species or subspecies of native wildlife which, as determined by the Commission, are not in immediate jeopardy of extinction but are vulnerable because they exist in such small numbers, are so extremely restricted in their range. or are experiencing such low recruitment or survival that they may become extinct. • SC Special Concern: those species or subspecies of native wildlife that have been removed from the state threatened or endangered list within the last five years: are proposed for federal listing (or are a federal listing "candidate species") and are not already state listed. have experienced, based on the best available data, a downward trend in numbers or distribution lasting at least live years that may lead to an endangered or threatened status: or are otherwise determined to be vulnerable in Colorado. Table 2 provides the G:S ranking and CDOW categories per species that occur in Weld County. Information on amphibian species occurrence and habitat association are taken from Hammerson (1999). fable 2. Colorado species of concern potentially occurring in the project area. Species Status Habitat Requirements Potential for Occurrence Amphibians Northern leopard frog Rana piph ii.' Western yellowbelly racer Can her cons/ream moImo n Birds (i5 Si. SC 65 S3 Wet meadows and the Suitable habitat does not banks and shallows of exist within the protect marshes. ponds. glacial area. kettle ponds, beaxer ponds. lakes. reservoirs. streams. and irrigation ditches. Prairie grasslands. sandhills. open riparian woodlands. and shrubby foothills and canyons. Suitable habitat exists within the project area. Snowy egret Fenetta t/ela (iS S2 Feed in marshes, wet Suitable habitat does not meadow. streams. rivers exist within the project and shores of shallow area. ponds and reservoirs_ Nest in trees and tall emergent wetland vegetation. • • • Species White-faced Ibis r'legaJis Atli Black -necked stilt Himanmprc mexicvntrs I ong-killed curlew y5un�°rare amrrir�tnus Bald eagle t/a/are)as kat ephaha IFerruginous hawk 6tura rr ,gala. Peregrine falcon radio prNgrimu Plains Sharp tailed grouse 7rrnpanarhas phasimnrllto I3urross ing osvl :1(hcm' cunrc trluria Mammals Fringed nrvotts Shxdis tlnsanadns 1 Status (35'52 (i5 S3 Cis S? SI G4 53. SC 04 52. SC G4SI.SI Freshwater lakes. ponds. Suitable habitat doe: not wet meadows_ and exist Within the project in -mated fields. area. 4 Habitat Requirements ! Potential for Occurrence Marshes. flooded areas. Suitable habitat does not exist within the project area. Shortgrass prairie. Kesers oirs and rivers_ Knownto winter in short grass prairie habitats where prairie dogs are present. I hough shortgrass prairie is present within the project area. the size and quality of the habitat precludes use by long - billed curlews. Suitable short grass prairie , habitat exists in the project •L.. area. how es er the lack of prairie dogs precludes use by bald eagles_ Vast expanses of ungrazed or lightly grazed grassland and shnthland with varied topography. including hills. ridges, and valleys. Suitable habitat does not exist within the project area Nest on ledges of high, Suitable habitat does not clifs. typically behvecn ' exist within the project 4.500 and 0.000 feei area. eles ation Mixed tall and short I Suitable habitat does not grasses ss ith abundant exist ss 'thin the project deciduous shrubs. Occur area. in medium to tall grasslands lbr courting and nesting in northern Weld County. Ci4- 54. S I '. Generally nest in rodent burrows. can ex cas ate burrows in sandy soils. (i4.53 Suitable habitat exists within the project area. how es er no bumits's suitable for nesting or roosting were observed. Ponderosa pine w midlands. greasewood. oakhrush. and salthrush woodlands_ Suitable habitat does not exist within the project area. • • • Species Spotted ground squirrel Spern)pliilUs spilosonul Thirteen -lined ground squirrel .Sprnnuphihr.s t# thl'en 11Ut4'd114 Status Habitat Requirements I Potential for Occurrence (.15 Si (i5 53 Prefer sandy sods with sparse vegetation and lightly grazed mixed -grass prairie with hunchgrasscs and silvery ssomtwood. Short and mid -length grasslands. less common on sandy soils. Suitable habitat exists within the project area however this species is not likely to occur in project area. Some habitat components exist within the project area: however. because of the soil type (sandy) it is not likely to occur within the project area. Olive -hacked pocket mouse l'e r uprat/ us jc+sc •iaiu.r Plains pocket mouse !'erui�nullnln /his ' et'/l� (i5 52 (i5S2- Silky pocket mouse Pern.L•norkir.% flatus Ord's kangaroo rat hip)tlo n5's urtltl Eastern spotted skunk .Spilogu/e p111urllSS Swift fox 1 ttlpres rt•Irat (iS3 (i5.S 3 ( i5 S2 (13 S3. SC Prefer sites with loamy sand to clay soils and low egctative cover. often with substantial amount of hare ground. highest reported capture rates are from sand sagebrush. margins of agricultural lands, including seedy fence rows. ditch bunks and grain fields. Suitable habitat exists within the project area. though the project area may he on the eastern edge of their range. Suitable habitat exists within the project area. Continuous short to midgrass prairie or herbaceous covet on loamy soils with small amounts of hare ground. Sandy soils. Suitable habitat does not exist within the project area. 4 Occurs within the project area Most common in ' Suitable habitat does not agricultural areas. in • exist within the project rough. broken country area. with abundant stands of brush. or in riparian ss oodlands. Shortgrass and midgrass prairie. numerous in areas with relatively flat to gently rolling topography. Suitable habitat does not exist within the project . area, although it may exist on neighboring parcels. • • • • • Of the 20 species identified by the CNHP and CDOW as sensitive species, eight could potentially occur within the project area. Of these eight species, two are classified by the CDOW as being of special concern (SC - swift fox) or state threatened (ST burrowing owl). Impacts to the remaining six species are expected to he negligible and will not impact the species' viability. 5.3.1 Swift fox In 1995 the U.S. Fish and Wildlife Service identified the swift fox as a species warranting protection under the ESA (USFWS 1995). Since that time considerable elibrts have been made to identify the range, status, and habitat requirements of the swift fox. These efforts resulted in identifying that the swift fox had a greater distribution than previously known and that its habitat requirements were more diverse than originally thought. Because of this information, on S January 2001 the USFWS removed the swift fox as a candidate for listing under the ESA (USFWS 2001). Habitat throughout the project area is suitable for use by swift fox. Swift fox create dens in almost any type of shortgrass prairie habitats; the dens are used throughout the life of the fox. Because of the possibility of swill fox existing within the project area, it is recommended that prior to earth disturbing activities additional surveys to identify the presence of swill lox dens are completed. 6.0 Conclusion The property does not have habitat capable of supporting species listed, proposed fbr listing, or are candidates for listing under the ESA. The majority of the project area has been heavily grazed. Although the native sand-sage/shortgrass prairie vegetation type exists, much of the project area is infested with non-native and native weedy plant species. Prior to development of the property. additional surveys may he necessary for swill lOx dens. • 7.0 Photos t • J-, SP. Photo 1. View looking north along the western edge of the project area. Snow cover precludes observation of vegetation, however dried mustards were common. A small cottonwood tree is present on the property (yellow circle). Photo taken 9 January 2008. 10 • • • arm IIP Photo 2. View looking southwest from the western edge of the project area. A large patch of mustards is visible in the back ground (yellow perimeter). Darker vegetation is sand sage. Photo taken 9 January, 2008. 11 • References Bailey. R. G. 1995. Description of the ecoregions of the United States. 2d ed. Rev. and expanded (1'` ed. 1980). Misc. Publ. No. 1391 (rev.). Washington Clippinger, N. W, 2002. Biogeography. community ecology, and habitat of Prehle's meadow jumping mouse (Zapus hudsonius preblei) in Colorado. Unpublished Ph.D. dissertation, University of Colorado, Boulder. In: Meaney et al. 2003. Abundance, survival, and hibernation of Prehle's meadow jumping mice (Zapus hudsonius preblei) in Boulder County, Colorado. Colorado Natural Diversity Information Source (NDIS). 2005. http:/'ndis. nrcl .colostate.edu- conservationcnty,asp?cnty=-00S Craig, G. R. 2001. Recommended buffer zones and seasonal restrictions for Colorado raptors. Colorado Division of Wildlife. Fitzgerald, J. P., Meaney C. A., and D. M. Armstrong. 1994. Mammals of Colorado. Published by the Denver Museum of Natural History. Hamrnerson, G.A. 1999. Amphibians and reptiles in Colorado. 2"d Edition. University Press of Colorado and Colorado Division of Wildlife. 484 pages. • • Kingery, H.E. 1998. Colorado Breeding Bird Atlas. H. E. Kingery. ed. Published by Colorado Bird Atlas Partnership and Colorado Division of Wildlife. U.S. Fish and Wildlife Service. 1995. Endangered and threatened wildlife and plants: 12 -month finding for a petition to list the swift fox as endangered. Pages 31663 - 31666 in Federal Register Vol. 60. No. 1 16..Iune 16, 1995, U.S. Fish and Wildlife Service. 2001. Endangered and threatened wildlife and plants; annual notice of findings on recycled petitions. Pages 1295 - 1300 in Federal Register Volume 66. Number 5. January 8. 2001. 12 • • a • • • 41 a ti t • ' "• . v +`I • rs !1 T to •- : 2 r I it 1 :. ,/ z % - IA_ 1 , 1 a 1• y ... r-�' '.. _ .1j f }! 1� '� a e CC 1 r, i6'• N 1 l "-. • • • iI S C Ile Jr • a' •1‘17.T^ M f f i' 1 c 3 1 f 1 d ♦4, a. „e \ 1. y-� r- • J, 0. ` .<• r.•1• c 0 , _. t ♦ • Ii IS � �. N 1 ..• 1 S - - J vas winimP t.. • 1D r. - a' S t� I 1.. 1 0 • u4 3; S.-. Ip Y so a I. u 4. f • C, A 'S Ii 11. I. JJ 1 a., N N ea. Figure 1: HP319 Project Location Legend Project Area 1 inch = 70,000 ' Contour interval = 40 ' Date: January 2008 BASE: U.S.G.S 7.5 Minute Klug Lake, Colorado Quadrangle Prepared by: Wildlife Specialties, I.L.C- P. O.B. 1231 Lyons, CO 80540 303-710-1286 I I • a 1 • • • Amendment #2- August 2008 • • H Ing �- f • • • NYIRONMENTAL CONSULTANTS Class I Archaeological Literature Review for the HP319 Property, Weld County, Colorado Prepared for A. G. Wassenaar, Inc. Environmental/Geotechnical Consultants • Prepared by SWCA Environmental Consultants January 2008 • Class I Archaeological Literature Review for the HP319 Property, Weld County, Colorado Submitted to: A. G. Wassenaar, Inc. Environmental/Geotechnical Consultants • • Prepared by: Courtney Higgins, Michael J. Retter, and Scott A. Sicssman SWCA Environmental Consultants 295 Interlocker Boulevard, Suite 300 Broomfield, Colorado 80021 (303) 487-1183 www.swca.com Scott A. Slessman, Principal Investigator SWCA Project No. 13825 SWCA Cultural Resource Report 2008-20 January 2008 • • (lass I Archaeological Literature Rei•ie r b r the Ii/'319 Property, !Weld County. Colorado TABLE OF CONTENTS Pare INTRODUCTION ('LASS I INVENTORY RESULTS File Search Methods and Information Sources I Culture History Soil and Environmental Data: A Predictive Model 4 SUMMARY AND CONCLUSION REFERENCES CITED 7 LIST OF FIGURES F�rure Par' 1 Class ! Project Boundary Map 2 Soil Survey Geographic Database (SSURGO) Map Units for the Proposed HP319 Property Area 5 • • ii • • (Ya.cs l Archaeological Literature Review /or the HP319 Property. I Feld County. Colorado INTRODUCTION On January 14, 2008. SWCA Environmental Consultants (SWCA) conducted a cultural resources file search for approximately 320 acres of the HP319 property located in Weld County. Colorado. for A. G. Wassenaar. Inc. (Figure 1). The search was conducted through the Colorado Office of Archaeology and Historic Preservation (OAHP) COMPASS database, the Colorado State Historic Preservation Office (SHPO) in Denver, and the Government Land Office (GLO) records website (www.glorecords.blm.gov). The 320 -acre project area is located at the intersection of Weld County Road 24 '4 and Weld County Road 51. 6.7 miles northeast of Hudson. Colorado and 4.9 miles northwest of Keenesburg. Colorado. The file search was conducted for Section 5, Township (T) 2 North IN). Range (R) 64 West (W). The project area is located in gently rolling topography. CLASS I INVENTORY RESULTS • File Search Methods and Information Sources A literature review and computer file search was performed for the effected area through the SHPO (Search I.D. #14529). OAHP COMPASS database, and GLO records website. GLO patent records indicate that the majority of the property was originally held by the Denver Pacific Railway and Telegraph and Union Pacific Railroad Company (UPRC) (Table 1). Most of the land adjacent to the project area was acquired during the early 1890s following Homestead Act reforms; the final wave of homesteading occurred around 1916 and ended with Great Depression era relonns (Guy Hays et al. 2005). It is possible that the UPRC claimed the land as early as 1862 with original federal railroad land grants (July 1. 1862: Grant -RR Union and Central [ 12 Stat. 489]). and that the property was not patented until 1902 when the UPRC experienced restructuring. Table 1. Land Patents Granted in the Project Location. Land Patent Grantee t.at'd Patent Date Location (T/R/S, Quarter) Denver Pacific Railway and Tel. Union Pacific Railroad Company l002 T?N R(,1W'`S5. S `..%. 5'•` N `: Township;Range.Seciion The OAHP and SHPO reviews indicated that no previous cultural resource inventory work has been conducted in the project boundary and no cultural resources have been recorded in the project area. As discussed in the CYa/ Archaeological Literature Review for the Harkin.. Property. Weld County. Colorado (Guy Hays et al. 2005). cultural resources have been recorded in nearby sections. • 1 Class I Archaeological Literature Review. for the HP319 Property, Weld County, Colorado • • • 1250 2.500 3.750 5.000 Feel Project Location in Weld County. Colorado Legend T ownship Boundary Class I Survey Boundary Private State 380 760 Scale: 1:24.000 Base Map USGS 7.5' Topographic Map Quadrangle. Krug Ranch. CO (1950) Weld County, Colorado UTM Zore 1314, NAD83. Meters January 15, 2008 1,140 1,520 Meters N A T2N R64W SWCA INYIROHMIMTAL CCMSVLTAfnl /45 Intenoc*en Blvd.. Su11B 3l1 Broomfield. CO 80021 Phone: 303.487.1183 Fax: 303.487.1245 www SwCa.com i!gure 1. Class I Project Boundary Map. • • (lac.% lArc h,:c ulocieaI (.itent tun- Rev ietc fin- the I 1 Property. H rld Cuunty. Calalatla • • Culture History The project area is in the Platte River Basin as defined in Colorado Prelusion.: ,4 ContcAt /or the 1'/alte River Basin (Gilmore et al. I 999). The Platte River Basin was used by a variety of Native American groups throughout all of prehistory, beginning with Clovis hunters at the end of the Pleistocene and continuing through to the onset of European occupation of the region (Gilmore et al. 1999). The context provides a comprehensive overview and summary of our knowledge of prehistoric and early historic developments of the region. The Paleoindian stage. ranging from 12.0400 to 5.740 B.C. in the Platte River Basin, represented the earliest human migrations to the New World during the environmental changes of the Pleistocene era. Projectile points associated w ith this group are found mostly along rivers, which were environments well suited for megafauna. This indicates an emphasis on big -game hunting by the highly mobile peoples of the Palcoindian stage. "I his population also gathered roots. nuts, and berries, and hunted small game. Paleoindian technology is characterized by regionally similar tools, necessitated by a highly mobile, big -game hunting lifestyle. The Paleoindian stage in the Platte River Basin includes three periods: Clovis. Folsom. and Plano. In addition to these periods, there is evidence of Pre -Clovis occupation in the Platte River Basin. Three sites have been recorded and investigated that lend substantiation to this early activity, two sites located near the east edge of the Colorado border and one site located approximately 20 miles southwest of Denver (Gilmore et al. 1999). Clovis sites (12,040 9,750 B.C.) are rare in the Platte River Basin with only six being recorded in this region. Four of these Clovis sites are within an approximately 30 -mile radius of the current project area. There have been 23 Folsom sites (1 1 340 8,720 B.C.) identified in the Platte River Basin. One Folsom site is relatively close the project area while one is within 30 miles. The Plano period ( 10,850 5.740 B.C.) is more substantial with 46 sites being recorded within the region, liye of which are located within a 30 -mile radius of the current project area (Gilmore et al. 1999). In the Platte Ricer Basin. the Archaic stage developed and lasted from 5,500 B.C. to A.D. ISO. During this stage. the native populations developed subsistence and settlement patterns in response to the fluctuating environmental conditions that existed at the time. During the Early Archaic (5,500 3,000 B.C.). the mountains and foothills were cool and wet, while the plains were hotter and drier. Early Archaic projectile points tended to he large, side -notched dart points. Twenty-six sites are attributed to the Early Archaic in this region: only two of these sites are within a 30 -mile radius of the project area. The Middle Archaic (3,000 1,000 B.C.) saw a return to a cooler climate throughout the region and a subsistence pattern based on a broader range of plants and animals. An increase in grinding devices, lanceolate projectile points. stemmed projectile points with concave bases, and corner -notched Elko series projectile points are common for this period. Archaeologists have recorded 35 Middle Archaic sites in the Platte River Basin. These sites tend to be centered on the foothill transition zone west of Denver. Two Middle Archaic sites have been recorded within a 30 - mile radius of the project. The Late Archaic (1.000 B.C. A.D. ISO) population is characterized by larger sites that were occupied for a longer amount of time and were more intensively used than those of the Middle Archaic. Projectile points from the Late Archaic are generally large corner -notched and side -notched (tier and Kalasz 1999:100-136). Forty Late • 1 • • C'l<a“ / In harm' irrll /.i/e,-atun' ReVieu' /w• the HP3/9 Property. itch! Count'. Colorado • • Archaic sites have been recorded in the Platte Ricer Basin. none of which are within close proximity to the current project area (Gilmore et al. 1999). In the Platte River Basin, the Late Prehistoric static dates from A.D. 150 t0 1,540 and is divided into two periods: Early Ceramic (A.D. 150 1.150) and Middle Ceramic (A.D. 1.150 1,540). The Early Ceramic period is represented by the appearance of the bow and arrow. intensified development in bone and shell technology, the appearance of ceramics, and structural surface architecture. Three Early Ceramic sites have been recorded in a 30 -mile radius of the project area and a total of 67 sites have been recorded within the Platte River Basin. During the Middle Ceramic period, a semi -sedentary settlement pattern developed and architecture became more prevalent and diverse, pottery became more diversified, and projectile points were smaller and triangular with side -notches or were un-notched. 'Ihiny- one Middle Ceramic sites have been identified in this region. three of which are in close proximity of the project area (Gilmore et al. 1999). The Protohistoric period (A.D. 1,540 1,860) begins with the contact of native populations and Europeans and ends with the European domination of the region. and includes the introduction of horses (Gilmore et al. 1999). Twenty-six Protohistoric sites have been recorded in the Platte River Basin: no Protohistoric sites have been identified near the current project area. Soil and Environmental Data: A Predictive Model Using the most detailed soil maps and associated data recently made available for southern Weld County (Natural Resources Conservation Service [NRCS] 2004), the potential tier subsurface archaeological deposits in the proposed HP319 Property area can be estimated. While estimated depths of I lolocene sediment are not available in the dataset. erosion factors are available and serve as a proxy 1br sediment depths. One erosion factor. the -T-factor." provides an estimate of the amount of topsoil (in tons) that can be lost per year while still remaining agriculturally productive. Potential values range from 0 to 5. with 5 being the deepest sediments and 0 representing no sediment (i.e_, bedrock). In the HP319 Property area. values arc between 4 and 5. A majority of the project area's soils are Loup-Boel loamy sands and Valent sands, both of which have a value of 5 (Figure 2). The Osgood sand has a T -factor of 4 (meaning that the solum can sustain up to 4 tons of sediment loss per year while remaining productive). Additionally. there are two small sections that have no T -lector value: both are areas that seasonally hold water. While portions of the project area have minimal subsurface archaeological potential. the area as a whole is estimated to have a high potential for buried archaeological material based on the high T -factors. Archaeological sediments arc predicted to he deeper on concave slopes and adjacent to streams Ifloodplains and terraces), but even convex intertluvial slopes appear to have the potential to yield intact subsurface archaeological deposits. Although the entire project area has the potential for buried deposits. previous archaeological research in the area has indicated that sites are typically located near water sources (Bettinger 1991: Gilmore et al. 1999: Hill 200?: Slessman 2004: Slessman and Kennedy 2002). Given this trend. it is postulated that surficial or buried archaeological sites within the project area would most likely be found along drainages or near natural springs. • 4 Cl�uss I Archaeological Literature Rcviettf lbr the f-11'_319 Property, Weld Cotrnt.t', C •oloitnia _" _ ,III :: -- _ -.1.-.14.••-- 5‘1 • T - �•� , r t -• 1 ♦.'lam '♦ ; ce• . 1 1 •-{'l 1 • I r_ .' �. 1i', I fa r r. ` ` 1•.t„ S, I werar il �} . 1 O►:,., N._ • � 1 j '.'� ' - •. I\tir• Cc 44- • T3N R64W i 1`,,. r ,-' ' z ice, C;� ` -• - • Asa . , . ,� 'II I - t''.; lir \ ~� �\ ; 3 L T2N R64W N �\ • r _ „I ,, - , :: r. .t ,. - . N. / '��f,./1 L it/d1 ilee). tI • r as rel.. - 11 l? �n-)\ 1 • - • ' '' 1_, I • ; - t ...„-: r / • ` +_4 -•�_,• 1 • �t .,t U k \... .mss• t - --' ,•.., ,• t `tip•N) t (\\ + —, _ • i• .• •• �, , , ',OIL%r �. . �. •may- �, '• C • .. ''.l�7.` •��_;�� a t 1 - \. i t J ••,\, r \ 'J M i ( �.Z. . • ,x..„,_.. . \ • • l` '• PI" ._.fip, • y ••Y . , , ` J !t t .t . • ll , • �'� I } _ _ �r s 1 1 . t . \ • V 11 1x11 139' 1 awaspenliAMX0ini5 t6 nui ^, t i 49Z-51' Legend 1,250 2,500 3,750 5.000 Feret me Township Boundary 0 380 760 1.140 1.520 SWCA Class I Survey Boundary eln itowtm rw. cowsuomi„ SOiI Mau Unitg Scale 1:24.000 Base Map USGS 7.5' Topographic Map \I Quadrangle: Klug Ranch, CO 195 r&terl B+vd.. Suite 300 Broomfield, CO —'" - Loup-Boel loamy sands, 0 to 3% slopes (1950) Weld County, Colorado 303.487.1183 Osgood sand, 0 to 3% slopesA1. Fax: 303.487 1245 Valent sand, 3 to 9% slopes wea• r �•� s spi - Water UTM Zone 13N. NAO83. Meters January 15. 2008 Figure 2. Soil Survey Geographic Database (SSU RGO) Map Units for the Proposed H P319 Property Area. 5 • • (i<,s.% I: tn•hueuhr ii ul Literature Ret ieit fur the IIP3 19 Property. JJ 'Id County. Colorado SUMMARY AND CONCLUSION The Class I file search did not reveal any cultural resources or inventories in the project area. Information compiled during the Class I cultural resource tile search of the HP3I9 Property indicates that the land was used solely by the UPRC. The railroad supported and encouraged the settlement of this region as well as supplied the area with coal, lumber, household items. and construction material. The likelihood of historic sites being encountered in the project area is low to moderate due to the concerted level of historic activities in the area. such as homesteading, ranching, and agriculture. Prehistoric sites have been recorded in the land around the project area, and an examination of soil data concluded that deeply buried soils are present. Due to the existence of deeply buried soils and archaeological sites adjacent to the project area. it can he extrapolated that prehistoric sites may exist within the boundaries of the proposed development. Previous archaeological research has indicated that prehistoric sites are most likely to be encountered along major drainages or other natural water sources. Based on the existing archaeological research, if buried sites are present within the proposed development, they would be encountered along major drainages. It is important to note that because the project is not implicated with a Federal or State of Colorado action (involving Federal or State moneyiland), the developer is under no legal obligation to mitigate any adverse effects to a cultural resource (prehistoric or historic). If a buried site was discovered during development, the developer could choose to mitigate any potential adverse effects by conducting an archaeological excavation. It is possible to defer the costs of the excavation as a tax benefit in consideration for public outreach. in conjunction with local universities. The developer may choose to hire a qualified archaeologist to monitor any ground -disturbing activity or, at the very least, notify a qualified archaeologist if a buried archaeological deposit is discovered. • 6 Cln.cN L-Irdrm nlns;ieU/ I./WWII/1V Reriea Jor the /1P3 /9 Pro/terry. IIMel C'oan(r. ('uloradu • • REFERENCES CITED Hettinger, Robert L. 1991 lluntee-Gathcrees: Archaeological and Ll'o/arionarr Theory. Plenum Press. New York and London. Gilmore. Kevin P.. Marcia Tate. Mark L. Chenault. Bonnie Clark. Terri McBride, and Margaret Wood 1999 Colorado Prehistory: A Contest lot the Platte River Basin. Colorado Council of Professional Archaeologists, Denver. Colorado. Guy I lays, Ilcidi, Paul Burnett. and Scott A. Slessman 2110$ Class IArchaeological Literature Review fig the Harkins /'ropers'. Weld Count', C'nlorado. SWCA Environmental Consultants, Inc., Broomfield, Colorado. Hill. Matthew G. 200? Paleoindian Diet and Subsistence Behavior on the Northwestern Great Plains of North America. Unpublished Ph.D. dissertation, on file at the University of Wisconsin -Madison, Wisconsin. Natural Resources Conservation Service (NRCS) 2004 Soil Sumer Geographic /SSURGOI Datahase /or 1111/ County. Colorado. Southern I'art. U.S. Department of Agriculture, Natural Resources Conservation Service. Fort Worth. Texas. Available online at htgr. SoilDataMart.nres.usda.e_ov. Accessed on January I 4. 2008. Slessman. Scott A. 2004 The Frazier Site: An Agate Basin Occupation and Lithic Assemblage on the Kersey Ten -ace. Northeastern Colorado. Unpublished Master's thesis, on file at Colorado State University. Fort Collins. Colorado. Slessman, Scott A.. and John D. Kennedy 2002ArchaeologicalLvcavctiionaltheAlc:Aanct'Site(SLR999/).Larinrer(bunts', Colorado. Prepared for Larimer County Engineering Department. Fort Collins. Colorado. Zier. Christian. A. and Stephen M. Kalasz 1999 Colorado Prehisrory: A Cnnle.yt lin- the Arkansas River Basin. Colorado Council of Professional Archaeologists, Denver. Colorado. • 7 Hello