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HomeMy WebLinkAbout20033578.tiff • • WI � DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW COLORADO Applicant: Conquest Oil/Jim Goddard ( AmRE-3308 I Planner: KO Legal Description: Lot A of RE-3308; part N2 NW4 Section 32, T4N, R65W of the 61H P.M. Parcel ID#: 1055 32 000027 Lot C Size: n/a Lot B Size: n/a Lot A Size: 11.921+/_ acres Water Source: Central Weld County Water District .._.--nT-_.,._._..�..� Sewer System: Septic Yes No Criteria Checklist X 1. Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan. X 2. Compatible with the existing surrounding land uses. X 3. Consistent with the intent of the zone district X 4. Consistent with efficient and orderly development. X 5. Complies with Recorded Exemption standards in Section 24-8-80 of the Weld County Code. X 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Approved with Conditions The Weld County Department of Planning Services has determined through an administrative review that the standards of Section 24-8-40.B.1 through 24-8-40.B.6 of the Weld County Code have been met. This Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of Weld County. 1. A Weld County septic permit is required for any proposed home. The septic system shall be installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) regulations. 2. Prior to recording the plat: A. The plat shall be titled: Amended Recorded Exemption No. 1055-32-02 AMRE-3308 B. Lot A shall use the existing access points as no additional accesses shall be granted. F C. All approved accesses shall be clearly shown on the plat. D. Weld County Road 39 is designated on the Weld County Transportation Plan Map as a collector status road, which requires 80 feet of right-of-way at full build out. There is presently 60 feet of a2oo3-3578 r8E-3308 right-of-way. A total of 40 feet from the centerline of Weld County Road 39 shall be delineated on the plat as right-of-way reservation for the future expansion of WCR 39. This road is maintained by Weld County. E. Weld County Road 40 is designated on the Weld County Transportation Plan Map as a paved road to the conquest Oil site, and a local gravel road to the east of this site, which requires 60 feet of right-of-way at full build out. There is presently 60 feet of right-of-way. A total of 30 feet from the centerline of Weld County Road 40 shall be delineated right-of-way on the plat. This road is maintained by Weld County. F. The West Greeley Soil Conservation District has provided information regarding the soils on the site. The applicant shall submit written documentation that they have reviewed the information and will use it to positively manage on site soils. G. All vehicles located on the property must be operational with current license plates, or be screened from all adjacent properties and public rights of way,or be removed from the property. All other items considered to be part of a noncommercial junkyard must also be removed from the property or screened from adjacent properties and public rights-of-way. H. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. No building or structure as defined and limited to those occupancies listed as Groups A, B, E, H, I, M and R in Table 3-A of the 1997 Uniform Building Code, shall be constructed within a 200-foot radius of any tank battery or within a 150-foot radius of any wellhead. Any construction within a 200-foot radius of any tank battery or 150-foot radius of any wellhead shall require a variance from the terms of the Section 23-6-10 of the Weld County Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the Lot designation and Amended Recorded Exemption number. 4) Prior to the release of building permits for any structure exceeding 3,600 square feet,the applicant must comply with the requirements of Appendix III-A of the Uniform Fire Code. 5) Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code. 6) Effective January 1,2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the Weld County Area Road Impact Program, area 2. (Ordinance 2002-11) 7) WELD COUNTY'S RIGHT TO FARM Weld County is one of the most productive agricultural counties in the United States, ranking fifth in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, • • but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with longstanding agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural area: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well run agricultural activities will generate off-site impacts, including noise from tractors and equipment; slow-moving farm vehicles on rural roads; dust from animal pens,field work, harvest, and gravel roads;odor from animal confinement, silage, and manure;smoke from ditch burning;flies and mosquitoes;and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of the way of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production. Section 35-3.5-102, C. R. S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Weld County covers a land area of over 4,000 square miles in size (twice the State of Delaware) with more than 3,700 miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the county and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow removal for roads within subdivisions are of the lowest priority for public works or may be the private responsibility of the homeowners. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. Children are exposed to different hazards in the county than in an urban or suburban setting. Farm equipment and oil field equipment,ponds and irrigation ditches,electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and livestock present real threats to children. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. Parents are responsible for their children. 3. The applicant shall submit two (2)paper copies of the plat for preliminary approval to the Weld County Department of Planning Services.Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-70 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty(60)days from the date the Administrative Review was signed. The applicant shall be responsible for paying the recording fee. 4. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles,Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This digital file may be sent to maps@co.weld.co.us. i • 5. The Weld County Department of Planning Staff's approval of this Recorded Exemption Application is based on satisfying the Conditions of Approval. Should an applicant be unwilling or unable to meet any one of these conditions within 60 days of approval, then this case will be forwarded to the Weld County Board of County Commissioners with a staff recommendation for denial. By .I `_ Date February 26, 2003 Ki O•, e •S Inner III Jim Goddard Conquest Oil Company 1610 29'"Avenue Place Suite 200 Greeley,CO 80631 WELD COUNTY,COLORADO DEPARTMENT OF PLANNING SERVICES 1555 N. 17TH AVENUE GREELEY,CO 80631 PHONE(970)353-6100, EXT. 3540 -FAX(970)304-6498 DATE: I ! 20 RECEIPT 092u9 RECEIVED FROM: C' `. - ' I NO. TYPE FEES 4221-REUSE I c 1 - 4221 -ZPMH 4221 -USR 4221 -SITE PLAN REVIEW 4221 -COZ 4221 -PUD 4221 -SUBDIVISION 4221 -BOA 4221 -FHDP/GHDP 4430-MAPS/PUBLICATIONS 4430-POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE MISC. L o n> O CASH--E7 CHECK NO: I \-I TOTAL BY: I WHITE-CUSTOMER CANARY-FINANCE PINK-FILE Wunty Planning Department GREELEY 0FFICEcst‘T(Tksr JUL 3 S 2003 it° RECEIVED July 30, 2003 Weld County - Department of Planning Services 1555 North 17`11 Ave. Greeley, CO 80631 RE: Letter of July 25, 2003 Amended Recorded Exemption #3308 Ladies and Gentlemen: The referenced letter indicates that we are delinquent with the submittal of the required mylar plat. The plat has not been submitted because we were awaiting recordation with the County Clerk and Recorder of certain easements recently requested by the County's Transportation Department. We were notified of the date those documents were recorded as of yesterday. The mylar plats are being revised to include that date and will be signed by the various parties next week. We hope to submit the signed plats to your office within ten business days. We apologize for the inconvenience; however, the delay was prompted by the last minute request by the Transportation Department for these easements. Sincerely, CONQUEST OIL COMPANY Dale S. Butcher Vice President DSB:ric enclosure 1610 29th Avenue Place • Suite 200 • Greeley, CO 80634 • 970-356-5560 • • DEPARTMENT OF PLANNING SERVICES 1555 N. 17'" AVENUE GREELEY, COLORADO 80631 1111P WEBSITE: www.co.weld.co.us C. PHONE (970) 353-6100, EXT. 3540 FAX (970) 304-6498 COLORADO July 25, 2003 Jim Goddard Conquest Oil Company 1610 29th Avenue Place Suite 200 Greeley CO 80631 Re: Conditions of Approval: AmRE-3308 Dear Applicant: On February 28, 2003, your application for an amended recorded exemption was administratively approved by the Weld County Department of Planning Services with specific Conditions of Approval. One of the required Conditions of Approval grants applicants sixty (60) days to submit a Mylar Plat. Should you choose not to complete the amended recorded exemption process and provide the required Mylar Plat, the Department of Planning Services will need to be notified in writing of your decision. If you do not formally withdraw your application and/or are unable to meet the Conditions of Approval, your case will be scheduled for a hearing before the Weld County Board of County Commissioners. Planning Staff will be recommending denial or your request at this hearing. If your application is denied by the Board of County Commissioners, the decision could affect future land development applications located on this parcel. Withdrawing applications will not generally affect future applications. Planning Services Staff is aware of the difficulty and associated delays in meeting the Conditions of Approval normally associated with land use cases, and is willing to work with you in completing your request. Please notify the Department of Planning Services, in writing, within 10 working days of your decision. Planning Services Staff can be contacted at the above address or phone number. Sincerely, The Department of Planning Services • • • • DEPARTMENT OF PLANNING SERVICES 1555 N. 17`"AVENUE IGREELEY, COLORADO 80631 C E-MAIL: k ww@co.weld.co.us O -MAIL: kogle@co.weld.co.us PHONE (970) 353-6100, EXT. 3540 • FAX (970) 304-6498 COLORADO February 26, 2003 Jim Goddard Conquest Oil Company 1610 29`"Avenue Place Suite 200 Greeley, CO 80631 Subject: Amended Recorded Exemption (AMRE-3308) Dear Jim Goddard: The Department of Planning Services' has reviewed your application and related materials for compliancy with the Weld County Code. We find that your proposed Recorded Exemption meets the intent of the Code and it has been conditionally approved by staff. We have enclosed our comments for your case. If applicable, please address all issues identified in the staff comments. Prior to submitting the Mylar, please submit two (2) paper copies of your plat for review by the Department of Planning Services' staff. Upon approval of the paper copies please submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-70 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty(60) days after the date the Administrative Review was signed or after the date of the Board of County Commissioners resolution. There is an eleven (11)dollar recording fee per Mylar sheet that you will be responsible for paying to record the plat. If you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. incerely, Kim O Planner I enclosures DEPARTMENT OF PLANNING SERVICES 710 1555 N. 17th Avenue f Greeley, CO 8354 Phone (970) 353-6100, Ext. 3540 Fax (970) 304-6498 C. COLORADO January 31, 2003 Jim Goddard Conquest Oil Company 1610 29th Avenue Place Suite 200 Greeley, CO 80631 Subject: AmRE-3308; Amended Lot A of a Recorded Exemption located on a parcel of land described as the N2 NW4 of Section 32, T4N, R65W of the 6th P.M., Weld County, Colorado. Dear Jim: Your recorded exemption application is being processed. If it is determined that the application meets the approval criteria of Chapter 24 of the Weld County Code, you will be notified that the recorded exemption is approved. If the staff determines that the application does not meet the approval criteria or if staff has concerns with the application, staff may elect to forward the application for review to the Board of County Commissioners. You will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will be informed of the hearing date prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the recorded exemption. If you have any questions concerning this matter, please call me. incerely, fm Ogle tanner.JII-� (Clink APPLICATION FLOW SHEET COLORADO APPLICANT: Conquest Oil/Jim Goddard CASE#: AmRE-3308 REQUEST: Amended Lot A of Two Lot Recorded Exemption LEGAL: PT N2 NW4 of Section 32, T4N, R65W of the 6th P.M., Weld County, Colorado LOCATION: South of and adjacent to WCR 40; east of WCR 39. PARCEL ID#: 1055 32 000027 ACRES: +/- 11.921 Date By Application Received 1-27-2003 KO Application Completed 1-31-2003 KO Referrals listed 1-31-2003 KO Design Review Meeting (PUD) • File assembled Z Gr , Q3 PM • Letter to applicant mailed 2. 4 , 0.3 D.AA Vicinity map prepared Referrals mailed 1 , 4 . o3, o3 D/A Chaindexed Z - 4 . 05 DU Field check by DPS staff Administrative Review decision: 2 . IS. 03 Date By County Commissioners Hearing Date (if • applicable) Surrounding property owners notified Air photo and maps prepared CC action: CC resolution received Recorded on maps and filed Overlay Districts Zoning Agricultural - MUD Yes No X IGA Yes No X_ Airport Yes No_X_ Geologic Yes No X_ Flood Hazard Yes No X Panel #080266 0 C Road Impact Yes_X_ No Weld County Area 1 2_X_ 3 4 September 23,2002 Weld County Planning Department 1555 N. 17111 Avenue Greeley, Co. 80631 RE: First Amended Lot A of Recorded Exemption No. 1055-31-2-RE 2367 To whom it may concern, Enclosed is the Recorded Exemption application for Amended Lot A of Recorded Exemption No. 1055-31-2-RE 2367. The applicant is asking that the following forms for this application be waived due to the fact that the information contained within has already been supplied previously for Recorded Exemption 1055-32-2-RE 3308, Lot B, Recorded Exemption No. 1055-32-2-RE 2367. As with the Amended Lot A Of Recorded Exemption No. 1055-32-2-RE 3308, the applicant is not creating additional lots, but instead only adjusting existing lot lines, therefore the applicant is asking that the certificate of conveyances and the Acreage waiver forms be omitted from this particular submittal, along with the two (2) copies of existing septic system permit(s), two (2) copies of existing water service or well permit(s) and the one(I) copy of the deed since these documents were also contained within the previously submitted application. Sincerely Kyleen R. Gilliland King Surveyors Inc. 9299 Eastman Park Drive Windsor, Co 80550 Phone: (970) 686-5011 DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue, Greeley, Colorado 80631 Phone (970)353-6100, Ext. 3540 - Fax#(970) 304-6498 APPLICATION FOR RECORDED EXEMPTION Application Fee Receipt Number Case Number Recording Fee Receipt Number Zoning District Application Checked By Planner Assigned to Case TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures). I (we), the undersigned hereby request that the following described property be designated a recorded exemption by the Weld County Board of County Commissioners. LegalDescription:N% NW4, S. 32, T. 4N, R. 65W Total Acreage: 6.171 Zoning Agricultural Parcel Number: 1 0 5 5 3 2 0 0 0 0 2 7 (12 digit number-found on Tax I.D. Information or obtained at the Assessor's Office). Has this property been divided from or had divided from it any other property since August 30, 1972? Yes X No Is this parcel of land under consideration the total contiguous land owned by the applicant? Yes X No Does the parcel of land under consideration lie in any of the following Overlay Districts? Flood Hazard: Yes No X ; Airport: Yes_ No X ; Geological Hazard: Yes No X FEE OWNERS OF PROPERTY Brian MacDonald & Name: F1 ;sa sanagata Home Phone# N/A Work Phone # N/A Address: 18860 Weld County Road #39 City/State/Zip Code LaSalle, CO 80645 Applicant or Authorized Agent: King SurvPynrc, INC Phone#(970)686_5011 Address: 9299 Eastman Park Drive City/State/Zip Code Windsor, CO 80550 Name: Charinq R TnnPc Home Phone#_pN/A Work Phone#(970) 6u6-5011 Address: 9299 Eastman Park Drive City/State/Zip Code Windsor, CO 80550 Larger Parcel Smaller Parcel Smaller Parcel Applicah,e only for 3-lot Recorded Exemption Central Weld County Water Source Watar District Type of Sewer Septic Proposed Use Agricultural Acreage 6.171 Existing Dwellings Yes or No Yes • Existing Dwellings Address (if applicable): Larger Parcel N/A Smaller Parcel N/A Smaller Parcel(applicable on1yfor3-Iot Recorded Exemption) N/A I hereby state that all statements, proposals, or plans submitted with this application are tru cor ct to the best of my knowledge. v: 1/3/01 Signature: Owner or Author. d Agent 6 Road File# RE: Other Case No. APPENDIX B WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department Date: 1111 H Street,P.O.Box 758, Greeley,CO 80632 Phone: (970)356-4000,Ext. 3750 Fax: (970) 304-6497 I. Applicant Name irip Surveyor s INC. Phone 470) 686-5011 Address 9299 Easttfan Park Drive City Windsor State CO Zip 80550 2. Address or location of access East Side WCR #39 South of intersection of WCR #40 and WCR #39 Section 32 Township 4 North Range 65W Subdivision N/A Block Lot Weld County Road # 39 Side of Road Fast Distance from nearest intersection Approx. 81 ' 3. Is there an existing access to the property? Yes X No #of accesses 1 4. Proposed Use: ELK Permanent ❑ Residential'Agricultural ❑ Industrial ❑ Temporary ❑ Subdivision U Commercial U Other 5. Site Sketch Legend for Access Description: :r AG = Agricultural Weld County Road LI , RES = Residential 1-0 O&G= Oil &Gas �cAnt Dv- r.SS D.R. = Ditch Road 1sT a� c c l.tn P� O M1 o U N • _1 [ Weld County Road! 38 *********************************************************************************************************** OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions *********************************************************************************************************** ❑ Installation authorized ❑ Information Insufficient Reviewed By: Title: 8 November 19, 2002 Weld County Planning Department 1555 N. 17th Avenue Greeley, Co. 80631 RE: Amended Lot A of Recorded Exemption No. 1055-32-2-RE 3308 To whom it may concern, Enclosed is the Recorded Exemption application for the Amended Lot A of Recorded Exemption No. I055-32-2-RE 3308. The applicant is not creating additional lots, but instead only adjusting existing lot lines \\L� 'A, I' c �r1 Sjjr erely Kyleen R. Gilliland King Surveyors Inc. 9299 Eastman Park Drive Windsor, Co 80550 Phone: (970) 686-5011 DEPARTMENT OF PLANNING SERVICES • 155a 17th Avenue, Greeley, Colorado 80634 Phone (MR 353-6100, Ext. 3540 - Fax#(970)304-te APPLICATION FOR RECORDED EXEMPTION L,,2 r o' /t +; _ Application Fee Receipt Number Case Number Recording Fee Receipt Number Zoning District Application Checked By Planner Assigned to Case TO BE COMPLETED BY APPLICANT: (Print or type only except for required signatures). I (we), the undersigned hereby request that the following described property be designated a recorded exemption by the Weld County Board of County Commissioners. Legal Description: N% NW'-, S.32, T. 4N, R. 65W TotalAcreage:11 .921 Zoning Agri mAgri rillr„ral Parcel Number:L_Q.5___5_2__2, _7_(12 digit number-found on Tax I.D. Information or obtained at the Assessor's Office). Has this property been divided from or had divided from it any other property since August 30, 1972? Yes x No Is this parcel of land under consideration the total contiguous land owned by the applicant? Yes X No Does the parcel of land under consideration lie in any of the following Overlay Districts? Flood Hazard: Yes_ No X ;Airport: Yes_ No X ; Geological Hazard: Yes_ No x FEE OWNERS MMOF PROPERTY E cHoldings, LLC1995 2 Name: Home Phone# N/A Work Phone# N/A Address: 303 E. 17th Avenue /1660 City/State/Zip Code Denver, CO 80203 Applicant or Authorized Agent: King Surveyors, INC. Phone# (970) 686-5011 Address: 9299 Eastman Park Drive City/State/Zip Code Windsor, CO 80550 Name: Charles B. Jones Home Phone# N/A Work Phone#(970) 686-5011 Address: 9299 Eastman Park Drive City/State/Zip Code Windsor, CO 80550 Larger Parcel Smaller Parcel Smaller Parcel A p!icah,e onl for 3-l01 pRecorded Exemption Water Source Central Weld County Watar D'rtr;..r Type of Sewer Svpr;r Proposed Use Agricultural Acreage 11 .921 Existing Dwellings Yes or No Yes Existing Dwellings Address (if applicable): Larger Parcel N/A Smaller Parcel N/A Smaller Parcel(applicable only for 3-lot Recorded Exemption) N/A I hereby state that all statements,proposals,or plans submitted with this a plica ' n e true and correct to the best of my knowledge. c--- c�`� v: 113/01 Signature. Owne r Aut ized Argent 8 MM IlYCk/OH. In( . kr RECORDED EXEMPTION OUESTIONNAIRE The Applicant, Macum Midstream 1995-2EC Holdings, LLC, submits the following responses to the Recorded Exemption questionnaire: 1 . Water is presently available to the above-described property by Central Weld County Water District. By letter of November 11, 2002, Central Weld County Water District has advised the Applicant that water service is already in existence for the above-described property by tap number 1717, which is located at Weld County Road 39 between 38 & 40 . 2 . To the best of the Applicant ' s knowledge, and the Applicant ' s ownership of lot does have adequate means for disposal of sewage the property. The proposed q p g P P in compliance with all of the Weld County Health Department regulations, by Existing septic system services on the property. A copy of the septic permit issued by Weld County Health Department is submitted with the Application. 3 The property is presently, and will remain, as a commercial oil/gas waste injection well facility. Lot A contains approximately 11 . 921 acres. 4 . The Amended Recorded Exemption is proposed to adjust, not create, the existing lot line. Lot A will continue with its present use, and zoning will remain agricultural . 5. The location, size and present use of the lot A is depicted on Amended Recorded Exemption Plat #3308 . The size of the lot is 11 . 921 Acres. The present use of Lot A is as a commercial oil/gas waste injection well facility. 6 . There are no unique physical characteristics . 7 . Applicant believes that all existing structures meet the minimum setback and offset requirements for the agricultural zone district . Applicant does not propose the construction of any new buildings at this time. 8 . The Applicant at this time is not willing to place a conservation easement on the property to maintain farm production or open space. 9 . The Applicant does not request any designated building envelopes. 10. Applicant does not believe there is any municipal plan or any approved intergovernmental agreements, which are applicable to this application. Applicant believes and states that the submittal is consistent with the Weld County Comprehensive Plan and the agricultural zone. Recorded Exemption is consistent with the criteria established under the Subdivision Regulations Section 11 . The Recorded Exemption will not remove any property from agricultural production, and will not increase any burdens on County services. The oil/gas waste injection well facility on the property already exist, and the request for Recorded Exemption is to adjust, not create, lot lines, and will not increase the number of buildings or demand for governmental services. t. ►�' IS111(J NIFV'(''/01'x. �I \( . RECORDED EXEMPTION OUESTIONNAIRE (continued) 11 . The use of the lot is not changing, and will remain agricultural subject to the Use By Special Review, and will be compatible with the existing surrounding land uses. 12 . The proposal submitted by the Applicant is consistent with the intent of the agricultural zoned district subject to the Use By Special Review and will not interfere or frustrate the intent and policies of the zoning district. The uses for the property will remain agricultural subject to the Use By Special Review, and no property will be removed from agricultural production that is presently in agricultural production. The granting of the Recorded Exemption will have no impact upon agricultural production, and is consistent with the various policies of the Weld County Comprehensive Plan. This proposal is consistent with the Weld County Zoning Ordinances and the Comprehensive Plan, and in particular, Rule 4, in policies 4 . 1 through 4 . 1 .8 of the Comprehensive Plan. The proposal is consistent with each of policies 4 . 1 through 4 .1, 8 . As previously indicated there will be minimal, if any, physical impact upon Weld County, the property will continue as a oil/gas waste injection well facility, it will have no impact on the existing housing, it will utilize a existing entryway, the lot will not require additional infrastructure or utilities, and will not be detrimental to the agricultural productiveness of the site. 13 . The Applicant ' s proposal is consistent with the efficient and orderly development . The proposal will assist the County in orderly and integrated development, and be recognized by the County of the actual existence of the development on the property. The proposal promotes the health, safety and general welfare of the residence of the County, and is not detrimental to the health, safety or general welfare of the residents of the County. Access to the property will remain, as it presently exists. The proposal is consistent with allowing owner to use the agricultural zoned property to its fullest extent. The Applicant 's proposal is consistent with land subdivision plans of Weld County. To the Applicant ' s knowledge there is no objection nor is :here any municipality regulations applicable to the proposal . Applicant does not believe there is any conflict between the proposal and any public municipal improvement plans. The proposal, when approved, will encourage well-planned subdivision of the agricultural ground. The Applicant believes that the proposal is consistent with and will safeguard the interest of the public, the owners of the property, and will establish defined legal ownership of the property and the improvements thereon as separate lots. The Application is consistent with and complies with the uniform procedures and standards established by the County for subdivision plans. The proposal will not injure or affect any wooded terrain. The proposal is consistent with and preserves agricultural land and promotes the most productive use of the property. kin( . In( ri17,7-7 RECORDED EXEMPTION OUESTIONNAIRE (continued) The proposal will not be detrimental to or interfere with or cause the loss of any irrigation water currently associated with the farmland. All such water shall be retained for its current use. The proposal will not interfere with, or be detrimental to, the existing natural vegetation and cover and will promote the continued natural beauty of the County. The proposal is consistent with and will not be detrimental to the erosion control, and any other pollution of the surface or the subsurface of the water. The proposal will not change any drainage, or existing flood control procedures. The proposal will not be detrimental to any persons or properties and will minimize expenditures for flood relief and flood control . The proposal will not lie in a flood hazard overlay district . The land within the proposal is not subject to landslides, mudflows or other geological hazards. The proposal will provide adequate space for future development of schools and parks to serve the population and will not remove any properties or interfere with any such future plans for schools and parks . Conclusion: This application is intended solely for the purpose of adjusting existing lot lines between Two existing Lot A' s of Recorded Exemptions. No new Lots are being created or proposed. The existing usage of both properties will remain the same and unchanged after the adjustment of the common Lot Lines. • 4itad File# RE: • Other Case No. APPENDIX B WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department • Date: 4-23-2002 1111 H Street,P.O.Box 758, Greeley,CO 80632 Phone: (970)356-4000,Ext. 3750 Fax: (970)304-6497 1. Applicant Name King Surveyors, INC. Phone (970) 686-5011 Address 9299 Eastman •Park Drive City Windsor State_CD_Zip 80550 2. Address or location of access Southside WCR #40, East of intersection WCR #40 AND WCR #39 Section 32 Township 4 North Range 65 West Subdivision N/A Block Lot Weld County Road # 40 Side of Road South Distance from nearest intersection Approx 377 3. Is there an existing access to the property? Yes X No #of accesses 2 4. Proposed Use: 3 '( Permanent O Residential/Agricultural O Industrial O Temporary O Subdivision O Commercial O Other 5. Site Sketch ?'t"4 "r — Weld Count Road Legend for Access Description: C4_ys Y AG = Agricultural Lac A #40 , RES = Residential "" O&G= Oil&Gasouts D.R. = Ditch Road a 7=N alit/ O ° Weld County Road *********************************************************************************************************** OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions *********************************************************************************************************** ❑ Installation authorized O Information Insufficient Reviewed By: Title: 8 • • AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY FOR CERTAIN IMPROVEMENTS TO WELD COUNTY ROAD 39 BETWEEN CONQUEST OIL COMPANY AND WELD COUNTY, COLORADO THIS AGREEMENT is made this day of ,2003,by and between Conquest Oil Company, whose address is 1610 29th Avenue, Suite 200, Greeley,Colorado 80634,hereinafter referred to as "Owner," and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 915 10th Street, Greeley, Colorado 80631 hereinafter referred to as "County." WITNESSETH: WHEREAS, County finds it necessary to rebuild and improve the intersection at Weld County Road 39 and 40, and WHEREAS, Owner owns the property described in the attached Exhibit "A" , hereinafter referred to collectively as "Right-of-Way", and WHEREAS, County needs the Right-of-Way in order to complete said rebuilding and improvement project, and WHEREAS, said rebuilding and improvement project involves the construction and realignment of said roadway, and WHEREAS, Owner wishes to cooperate with County in said road improvement. NOW, THEREFORE, the parties herein agree as follows: 1. Owner agrees to sell and County agrees to purchase the Right-of-Way shown and/or described on Exhibit "A", attached hereto and hereinafter referred to herein as the "Right-of-Way" for the sum of Seven Hundred Fifty and no/100 ($750.00) dollars. This consideration is being offered in lieu of condemnation. 2. Owner agrees to grant the Right-of-Way to County by Deed of Dedication, free and clear of all encumbrances, except existing easements without conveying the underlying oil and/or mineral interests or the water rights to the right-of-way. Initial Page 1 of 3 Pages • • 3. County agrees to pay the costs of title insurance and recording fees, if necessary as determined by County. 4. The parties hereby agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein, and no oral representation,promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees, hereto. This Agreement embodies all agreements between the parties hereto and there are no promises, terms, conditions, or obligations referring to the subject matter whereof other than as contained herein. 5. Although the date of the transfer of the Right-of-Way shall be the date of the delivery of the documents of conveyance, it is expressly agreed by the parties hereto that upon execution of this Agreement by County and Owner, County, its contractors, agents, employees, and all others deemed necessary by County shall have the irrevocable right to possess and use all of the Right-of-Way for the purpose of said rebuilding and improvement project. 6. Owner warrants that he/she is the owner of the Right-of-Way and will defend title thereto against all claims. 7. General taxes for the year 2003 for the Right-of-Way shall be apportioned to the date of delivery of the deed based on the most recent levy and the most recent assessment. Owner represents and warrants that all general taxes levied prior to such year have been paid in full by Owner. 8. County will remove approximately 388 if of existing fence that is located along the east right of way line of Weld County Road 39 and construct a new fence along the new right of way line. The new fence will be a 4 strand barbed wire fence with steel posts set at approximately every 16 feet with a wood post set for every 4th steel post. 9. County will remove approximately twelve trees that are located within the new right of way and will reimburse the Owner the sum of Twelve Hundred and no/100 ($1200.00) dollars for the removal of these trees. 10. Owner to grant a 30' wide Temporary Construction Easement in favor of County for the removal and grading of the existing driveway at the northwest corner of the property and for the removal of the twelve trees. The Temporary Construction Easement is shown on the attached Exhibit Map A. County to reimburse the Owner the sum of Three Hundred Fifty and no/100 ($350.00) dollars for the grant of this Temporary Construction Easement. Initial Page 2 of 3 Pages • • 11. Owner to Brant a 90' x 200' Temporary Construction Easement in favor of County for the construction of a new driveway along the south right of way line of Weld County Road 40. The Temporary Construction Easement is shown on the attached Exhibit Map A. County to reimburse the Owner the sum of Three Hundred Fifty and no/100 ($350.00) dollars for the grant of this Temporary Construction Easement. Owner will grant a Permanent Access Easement, in favor of the adjacent property owner, at the same location as this Temporary Construction Easement, to allow access to adjoining property. IT IS MUTUALLY AGREED that the terms and conditions of this Agreement shall extend to and be binding upon the heirs, executors, administrators, successors, and assigns of the respective parties hereto. IN WITNESS WHEREOF, the parties have set their hands on the day and year first above written. OWNER: CONQUEST OIL COMPANY Dale Butcher. Manager TAX ID NUMBER: ATTEST: BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, STATE OF COLORADO Weld County Clerk to the Board By: BY: Deputy Clerk to the Board David E. Long, Chairman Page 3 of 3 Pages • • EXHIBIT A LEGAL DESCRIPTION A parcel of land located in the Northwest One-Quarter of Section 32, Township 4 North, Range 65 West of the Sixth Principal Meridian, County of Weld, State of Colorado and more fully described as follows: Commencing at the Northwest corner of said Section 32, from whence the West Quarter corner of said Section 32 bears S00°19'40"E, with all bearings contained herein relative thereto; thence S45°17'12"E a distance of 42.46 feet to the south right of way line of Weld County Road 40, the east right of way line of Weld County Road 39 and the POINT OF BEGINNING; thence N89°48'16"E along said south right of way line a distance of 41.21 feet; thence S54°03'04"W a distance of 50.57 feet: thence S00°19'40"E a distance of 368.22 feet to the South line of Lot A, Recorded Exemption 1055-32-2-RE 3308 as recorded in the office of the Clerk and Recorder, Weld County, Colorado; thence N48°29'13"W along said South line a distance of 13.42 feet to the east right of way line of Weld County Road 39; thence N00°19'40"W along said east line a distance of 388.87 feet to the POINT OF BEGINNING, and containing 0.104 acres, more or less. The above legal description was prepared by Leon Sievers, Right of Way Agent, in and for Weld County, Colorado and is based on survey information provided by Alles and Associates, Inc. 428 N. 2"d Street, LaSalle, Colorado 80645. • • ✓ � � �f / , A EXISTING 41.21' N1/4 Cor NW Cor N8 2' 30' ROW Sec 32-4-65 Sec 32-4-65 S89'48'16"W 239.88' '1c I~' 200.00' 545'17'12"E y I I 42.46' S54'03'04"W 0°1 90'X200' TEMP. CONST. Io 50.57' o EASEMENT AND PERM. o O1i ACCESS EASEMENTco °1 00 200.00' O z 30' TEMPORARY r—CONSTRUCTION EASEMENT N m 00 M .-. W O C nt I In 8 V m O O H N O co W O I O O Vf EXISTING 30' ROW Gly N48'29'13"W 13.42' •PF, 3 08 W1/4 Cor Sec 32-4-65 I L- 0 50 100 200 1 r NOTE: THIS EXHIBIT MAP DOES NOT REPRESENT A MONUMENTED LAND SURVEY OR LAND SURVEY PLAT. IT IS INTENDED TO ILLUSTRATE THE ATTACHED LEGAL DESCRIPTION ONLY. WELD COUNTY PUBLIC WORKS DEPARTMENT save, Lys DES,GN WELD COUNTY ROAD 39 DEED DRAWN OF I)DESCRIPTION1 1 beTe FEBRUARY 13. 2003 EXHIBIT MAP i S ' at Checklist 13 +� .[� Q' L , Item Comments Check Proper size of plat 24"X 36"or 18" X 24" / Boundaries of Lot(s) Scale Suitable Scale? (Approx. 1"=200'or 1"=100') Access indicated Shared access? If so, is Easement Certificate ✓ included? Roads labeled, including R.O.W. show 4D' itestv s41 t M 40 Building Envelope(s) IVA Vicinity Map Suitable Scale?(Approx. 1"=2000'); Not on SE ....••• Notes from Planner/ Acceptable on sticky-back adhesive paper Development Standards Conditions Of Approval completed? nt.0 1,F' Z Gt 1,µr �.. North Arrow Legal Description Owner's Certificate Notarial Certificate included? If deed indicates soe two owners, have both signed the plat? Surveyor's Certificate, Surveyor's stamp All surveyed plats Note: USR plats do not need to be surveyed Director of Planning Certificate Notarial Certificate included? (RE, SE, SPR, Final PUD, if Staff Approved) Planning Commission Certificate (USR's, COZ,) Board Certificate (USR's,COZ, Final PUD but not if it was Staff approved) •RE,SE&ZPMH, if Board approved. Typical Road Cross Section If a COZ, Final PUD Easements If Final PUD Please return the plat to David Lucero within 24 hours of receiving the plat. Planner Signature: Date: Report Date: 12/20/2002 12:44PM WELD COUNTY TREASURER Page: 1 STATEMENT OF TAXES DUE SCHEDULE NO: R7965999 ASSESSED TO: ENVIROCYCLE LLC 103 SIERRA ST STERLING, CO 80751 LEGAL DESCRIPTION: PT N2NW4 32-4-65 LOT B REC EXEMPT RE-2367 (2.27R) SITUS: 19094 40 CR WELD 0 PARCEL: 105532000027 SITUS ADD: 19094 40 CR WELD TAX YEAR CHARGE TAX AMOUNT INTEREST FEES PAID TOTAL DUE 2001 TAX 2,737.86 0.00 0.00 2,737.86 0.00 TOTAL TAXES 0.00 TAX YEAR ASSESSMENT ASMT AMOUNT INTEREST FEES PAID TOTAL DUE 2001 RE1OVERIDE 251.67 0.00 0.00 251.67 0.00 TOTAL ASMT 0.00 GRAND TOTAL DUE GOOD THROUGH 12/20/2002 0.00 ORIGINAL TAX BILLING FOR 2001 TAX DISTRICT 0128- Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 20.559 946.96 COMMERCIA 152,541 44,240 SCHOOL DIST RE1 23.846 1,098.34 AGRICULTUR 6,284 1,820 NCW WATER 1.000 46.06 CCW WATER 0.871 40.12 TOTAL 158,825 46,060 CWC WATER 0.000 0.00 LASALLE FIRE 3.296 151.81 AIMS JUNIOR COL 6.620 304.92 WELD LIBRARY 3.249 149.65 TAXES FOR 2001 59.441 2,737.86 RE 1 OVERRIDE 251.67 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES-AUGUST 1, REAL PROPERTY-AUGUST 1. TAX LIEN SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. P.O. Box 458 Greeley,CO 80632 (970)353-3845 ext.3290 WEJL.D COUNTY TREASUI R Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes Due, issued by the Weld County Treasurer, are evidence that, as of this date, all property taxes, special assessments and prior taxes liens currently due and payable nnected with the parcel(s) (O identified therein have been paid in full. a / cbritec, F� SignC�! AD* Date REFERRAL LIST• • NAME: Conquest Oil/ Jim Goddard CASE NUMBER: AmRE-3308 REFERRALS SENT: January 31, 2003 REFERRALS TO BE RECEIVED BY: February 21, 2003 COUNTY TOWNS and CITIES Attorney Ault X Health Department Brighton Extension Service Broomfield Emergency Management Office Dacono Sheriffs Office Eaton _X Public Works ✓ Erie Housing Authority Evans Airport Authority Firestone Building Inspection Fort Lupton Code Enforcement Frederick STATE Garden City Division of Water Resources Gilcrest Survey Greeley Y Department of Health Grover Department of Transportation Hudson Historical Society Johnstown Water Conservation Board Keenesburg Oil and Gas Conservation Commission Kersey Division of Wildlife: LaSalle X Loveland Lochbuie Greeley Longmont Division of Minerals/Geology Mead FIRE DISTRICTS Milliken • Ault F-1 New Raymer Berthoud F-2 Northglenn Briggsdale F-24 Nunn Brighton F-3 Pierce Eaton F-4 Platteville Fort Lupton F-5 Severance Galeton F-6 Thornton Hudson F-7 Windsor Johnstown F-8 X La Salle F-9 Mountain View F-10 COUNTIES Milliken F-11 Adams Nunn F-12 Boulder Pawnee F-22 Larimer Platteville F-13 Platte Valley F-14 FEDERAL GOVERNMENT AGENCIES Poudre Valley F-15 US Army Corps of Engineers Raymer F-2 USDA-APHIS Veterinary Service Southeast Weld F-16 Federal Aviation Administration Windsor/Severance F-17 Federal Communication Commission Wiggins F-18 Union Colony F-20 SOIL CONSERVATION DISTRICTS Brighton OTHER Fort Collins School District RE-1 X_Greeley " Ditch Company / Longmont _X_Speer Canal v� West Adams . RECD' 4.1" FEB �BMUf�Iiit OWBEANIPfrF Ykik Inge Weld County Referral COLORADO January 31 , 2003 The Weld County Department of Planning Services has received the following item for review: Applicant Conquest Oil/Jim Goddard Case Number AmRE-3308 Please Reply By February 21, 2003 Planner Kim Ogle Project Amended Lot A of Two Lot Recorded Exemption Legal N2 NW4 of Section 32, T4N, R65W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to WCR 40; east of WCR 39. For a more precise location, see legal. Parcel Number 1055 32 000027 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Signature j1 )VVl 91(3/p3 Agency 'C1310 ti Date 4-Weld County Planning Dept. +1555 N. 17th Ave. Greeley,CO.80631 :•(970)353-6100 ext.3540 (970)304-6498 fax + • p Weld County Referral C. COLORADO January 31 , 2003 The Weld County Department of Planning Services has received the following item for review: Applicant Conquest Oil/Jim Goddard Case Number AmRE-3308 Please Reply By February 21, 2003 Planner Kim Ogle Project Amended Lot A of Two Lot Recorded Exemption Legal N2 NW4 of Section 32,T4N, R65W of the 6th P.M., Weld County. Colorado. Location South of and adjacent to WCR 40; east of WCR 39. For a more precise location, see legal. Parcel Number 1055 32 000027 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan cif We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: Signature /7X-/ 177/1l a /"t• a3 Agency canr,. /Jw c - "a.xc c^ Date (I--.9.sec, :•Weld County Planning Dept. +1555 N. 17th Ave. Greeley,CO.80631 9(970)353-6100 ext.3540 4(970)304-6498 fax E ' d E999-9LL-£OE .iaTgeB a).itW dST :80 60 OT clad FEB 5 2003 l4.1). iRe {gW��E,,LD�C/p°UWeld County RefeD/ / ! { COLORADO January 31 , 2003 The Weld County Department of Planning Services has received the following item for review: Applicant Conquest O0/Jim Goddard Case Number AmRE-3308 Please Reply By February 21, 2003 Planner Kim Ogle Project Amended Lot A of Two Lot Recorded Exemption Legal N2 NW4 of Section 32, T4N, R65W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to WCR 40; east of WCR 39. For a more precise location, see legal. Parcel Number 1055 32 000027 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. Pik See attached letter. Comments: Signature (JC ' . //E Alt,( / - .4 47'c Agency 'jjj 1)11,1/ /2 (C iv/s,i 1-13,',:l : Date •'Weld County Planning Dept. •1555 N. 17th Ave. Greeley, CO. 80631 4(970)353-6100 ext.3540 •'(970)304-6498 fax • • (" atWeld County Planning Department GREEL 0FFICE MEMORANDUM FEB 2 5 ZOOJ Wilpe RECEIVED FROM:Im Ogle,Donald Carrol,rEngineering Admin III istrator 2/24/2003 Y COLORADO SUBJECT: AmRE-3308, Conquest Oil/Jim Goddard COMMENTS: WCR 39 is designated on the Transportation Plan Map as a collector status road, which requires an 80-foot right-of-way at full build out. There is presently a 60-foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Code, Chapter 23, Article III, Section 23-3- 50, the required setback is measured from the future right-of-way line. WCR 40 is designated on the Transportation Plan Map as a paved road to the Conquest site, which requires a 60-foot right-of-way at full build out. There is presently a 60-foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Code, Chapter 23, Article Ill, Section 23-3- 50, the required setback is measured from the future right-of-way line. REQUIREMENTS: The Weld County Public Works Department recommends approval of this application. The applicant shall utilize the existing Conquest site access to this parcel. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. Please find the attached Right-of-Way Agreement for Permanent Access Easement/Temporary Construction Easement to allow access to adjoining property. Pc: AmRE-3308 m:\P l a n n i n g'R E-3.d o c • • i Weld County Referral COLORADO January 31 , 2003 The Weld County Department of Planning Services has received the following item for review: Applicant Conquest Oil/Jim Goddard Case Number AmRE-3308 Please Reply By February 21, 2003 Planner Kim Ogle Project Amended Lot A of Two Lot Recorded Exemption Legal N2 NW4 of Section 32, T4N, R65W of the 6th P.M., Weld County, Colorado. Location South of and adjacent to WCR 40; east of WCR 39. For a more precise location, see legal. Parcel Number 1055 32 000027 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. U We have reviewed the request and find that it does/does not comply with our Comprehensive Plan U We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: V Signature � � � _ - 6) Agency _W i,, (--D Date ')Weld County Planning Dept. +1555 N. 17th Ave. Greeley,CO.80631 C•(970)353-6100 ext.3540 +(970)304-6498 fax West Greeley Soil Conservation District (970) 356-8097 Case Number: 'RE-3308 Applicant: Conquest Oil/Jim Goddard Planner: Kim Ogle Below is a list of the soils and their limitations according to the USDA, Weld County Soil Survey. I Map Shallow Dwellings Dwellings with Small Septic Tank Prime Farm Symbol Soil Name Soil Texture Excavations without basements Commercial Absorption Land (if Additional Comments basements Buildings Fields irrigated) 48 Olney - Fine Sandy Loam _ Slight Slight Slight Slight No • 70 Valent Sand Severe _ Slight _ Slight _ _ Slight _ No 74 Vona Loamy Sands Slight Slight Slight Slight No I — • — The West Greeley Soil Conservation District recommends that the applicant does an on site soils test prior to any construction. For a more complete soils description consult the Weld County Soil Survey or contact our office at (970) 356-8097. If you or the applicant have any questions please feel free to call our office. S ONSFRV'A'I'IUN Produced by West Greeley Soil Conservation District ."- AMENDED LOT A OF RECORDED EXEMPTION 1055-32-2-RE 3308 " WU LE Part of The North Half of the Northwest Quarter(N1/2 NW 1/4)/4)of Section 32,Township 4 M°`-"�"rni - North,Range 65 West of The 6th P.M.,County of Weld,State of Colorado. low d WELD COIINTYROAD MO L ----- ------------------------------------------------------------- ---------- 673.44' II oriCti E.rr 1 RtRt Ii y • ti C'l 'g' Ni .0 c9 ro $! 0 e- o� AMENDED LOT A I ; NS d- RE 3308 r 11.921 ACRES co .� 1no COMMON PROPERTY Ar' LINE RE,19 &.306 V 5� `\\ RE#2.367 H I \, $: o 6 kir'\ I 4114 I Ns N 281 .25, g 141 ^S I \' /RR/CA77ON PIPE \. LINE EASEMENT Recd 5/7/1999 N Rec. ,{2692540 — 1 N mans II N N 1 \. .anal AMENDED RECORDED EXEMPTION NO. 1055-32-02AMRE-3308 -2,-- IIIIIIIIIIMMICIllIIIII II IRIII II Part of'I'lie North flail of the Northwest Quarter(Nl/2 NW 1/4)of Section 32,Township 4 - I,„I„,..e'C..'I',:"1a9�^ North,Range 65 West of he 6th I'.NI.,County of Weld,State of Colorado. 5'4' LrGEvn .,_ "� '• I _ — arl.roavrrxoeo A00 r - —�-. � _. ' al 4. s = M1 i ,i 2B, i ,. b m 6I— . a.,_ _._. I TL .. I si Tu '., �1 . DETAIL ACCESS LAS LVII IENSIOVS / } C\3 c 1_42'"----'.;- i 7:—• 77.77-_,.: 1 2 . ei: ::9!':. _: , .,: .,, A 3 O I o <1 � I t \t i, O - 1fe; ' 'z-it, , t s J V' ( .228 se i Li -: t :. c ‘2 i 1 I VICINITY MAP i w„ o • • Road File#• 4 J RE: AtJ /LE — 3- oa ' Other Case No. APPENDIX B WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department • Date: 4-23-2002 1111 H Street,P.O.Box 758, Greeley,CO 80632 Phone: (970)356-4000,Ext. 3750 Fax: (970)304-6497 1. Applicant Name King Surveyors, INC. Phone (970) 686-5011 Address 9299 Eastman •Park Drive City Windsor State_ED_Zip 80550 2. Address or location of access Southside WCR #40, East of intersection WCR #40 AND WCR #39 Section 32 Township 4 North Range 65 West Subdivision N/A Block Lot Weld County Road # 40 Side of Road South Distance from nearest intersection Apprnx. 377 ' 3. Is there an existing access to the property? Yes X No #of accesses 2 4. Proposed Use: '( Permanent O Residential/Agricultural O Industrial O Temporary O Subdivision O Commercial yi Other (.'o'J i sr— 4, /7—Cr 5. Site Sketch ' r:tn+ "r Weld County Road -I Legend for Access Description: Access AG = Agricultural Lot-A #40 , RES = Residential W Cc O&G= Oil&Gas D.R. = Ditch Road a Err ornv cm rt O ° Weld County Road • *********************************************************************************************************** OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date • Drainage Requirement Culvert Size Length Special Conditions • O Installation authorized O Information Insufficient Reviewed By: Title: 8 Da /20/ AMENDED LOT OF RECORDED EXEMPTION 1055-32-2-RE 3308 TO SCALE Part of The North Half of the Northwest Quartet(N1/2 NMI/4)of Section 32,Township 4 T North,Range 65 West of The 6th P.M.,County of Weld,State of Colorado. L_ WELD COUNTY-ROAD #40 § ----- ----------------- ----------- ------------------------------- ------------ il---- ---------- ------------------- hs.---------- -- 673.44' — — — — — — — — 8 I ° Ii DIY • r1,4)(°/\ � I • ti0'SP" ) in Q \-. oin AMENDED LOT A ..s RE 3308 r 11.921 ACRES O CO 01\ lit/ x COMMON PROPERTY �� L/NE RE/f'3,708 & 0I % \.\ RE,¢'2357 I o • 4\ t n � �C� ,'O6\, ix 11 �� Z Is II q 4' 281 .25 x "� N. w a�� w2 \'\ IRRIGATION P/PE o '\ LINE EASEMENT rc I Recd 5/7/1999 N. Rec. X59254O . ` 1 • lIlllllllig11lllluiNIll E III lfllltill ill • 2980503 805 3 08122/2002 11:53A Weld County, CO 1 0l 1 R 500 D 230.00 J.A. "Saki" Tgukamoto Warranty Deed THIS DEED is a conveyance of the real property described below, including any improvements and other appurtenances (the 'property')from the individual(s),corporation(s),partnership(s),or other entityites)named below as GRANTOR to the individual(s) .or entity(ies)named below as GRANTEE. The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants the title to the property,except for(I)the lien of the general property taxes for the year of this deed,which the GRANTEE will pay(2)any easements and rights-of- way shown of record (3) any patent reservations and exceptions (4) any outstanding mineral interests shown of record (5) any protective covenants and restrictions shown of record(6)any additional matters shown below under'Additional Warranty Exceptions', and(7)subject to building and zoning regulations. D.F. • $230.00 The Specific Teems of This Deed Are: Grantor: (Give names)and place(s)of residence;if the spouse of the ownergramor is joining in this Dead to release homestead rights,identify armors as husband and wife.) • ENVIROCYCLE, LLC, A COLORADO LIMITED LIABILITY COMPANY Grantee; (Give named and addreu(as);statement of address,including available road or street number.) MARC:UM MIDSTREAM 1995-2 EC HOLDINGS, LLC, A DELAWARE LIMITED LIABILITY COMPANY 303 E. 17TH AVENUE 0660, DENVER, CO. 80203 Form or Co-Ovrnersbip: (If there are two or more grantees named,they will be considered to take as tenants in common unless the words In Joint tenancy'or words of the same meaning are added in the apace below.) Property Description (Include county and state.) RDED AUGUST a��r TAOF .RECORDED A PORTION OF THE Nl 2NW1 4 OF EXEMPTION NO.I055-32-2.RE SECTIONSECTIONING TO THE 3,TOWNSHIP AT 4 NORTH, RANGE 65 WESTF THE 6Th P.M,WELD ON NO. agCOO NT .COLORADO. coLORAoo. Property Address: Consideration: (Thc statement of a dollar amount is optional,adequate consideration for this deed will be presumed unless this conveyance is identified as a gift. In any case this conveyance is absolute,final and uncondidonat.) TWO MILLION THREE HUNDRED THOUSAND AND 00/100 Resereetlooe-Resaricume: (If the GRANTOR intends to reserve any interest in the pnrperty or to convey less than is owned,or If the GRANTOR is restricting the GRANTEE'S right in the property make appropriate indication.) Additional Warranty Exceptions: (Include deeds of nun being assumed and other comers not covered above.) ExecutxI by the Grantor on AUGUST 22. 2002 Signature for Corporation,Partnership or AssociatIonn ENVIROCYCLE, LLC, A COLORADO LIMITED LIABILITY COMPANY Grantor By � Grantor MIKE CERVI,VI RESIDENT'OF EEUTLER. BROS.&CERVI RODEO CO., ITS MANAGER gy_ Grantor Attest: STATE OF COLORADO WELD ) ss' COUNTY OF The foregoing instrument was acknowledged before me this 22nd day of AUGUST, 2002 Bye MIKE CERVI ESIDENT OF BEUTLER, BROS.&CERVI RODEO CO, ITS MANAGER, OF ENVIROCYCLE, LLC, A COLORADO L COMPANY WITNESS y htend road-akial seal.• vim., nen rr7V"' ears.a;.r+-rc0Eili'R .2005 No ry Pubic C STATE Sn+(JLI( 1221 91H AVENUE, GREELEY, CO.80631 T The foreg dct?ument wpt� wledged before me this day of By. FOF C4\-C. (*name individual Gr rantor is Corporation,Partnership or Association,then identify signers as president or vice president and secretary or assistant secretary of corporation;or as partner(a)of partnership;or as authorized member(s)of association.) WITNESS my hand and official seal. Notary Public My commission expires: • WCTC No. 201-L 0 1981 UPDATE LEGAL FORMS CERTIFICATE OF CONVEYANCES WELD COUNTY STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES COUNTY OF WELD The Transnation Title Insurance Company hereby certifies that it has made a careful search of its records,and finds the following conveyances affecting the real estate described herein since August 30, 1972,and the most recent deed recorded prior to August 30, 1972. LEGAL DESCRIPTION: Lot A of Recorded Exemption 1055-32-2-RE-3308 according to the plat recorded August 22,2002 as Reception No.2980502,being a portion of the N '/3 NW '/4 of Section 32,Township 4 North,Range 65 West Of the 6t°P.M.,County of Weld,State of Colorado. CONVEYANCES(If none appear, so state): Reception No. 1538225 Book 616 Reception No. 1680876 Book 759 Reception No. 2635150 Book Reception No. 2635155 Book Reception No. 2694357 Book Reception No. 2980503 Book The certificate is made for the use and benefit of the Department of Planning Services of Weld County, Colorado. This certificate is not to be constructed as and Abstract of Title nor and opinion of Title,nor a guarantee Title and the liability of Transnation Title Insurance Company, is hereby limited to the fee paid for this Certificate. In Witness Whereof,Transnation Title Insurance Company, has caused this certificate to be signed by its proper officer this 3rd day of December 2002,at7:00arp, and recertified to the 9th day of January 2003 at 7 : 00 A.M. TRANSNATION TITLE INSURANCE COMPANY Order�o..•BSt490z -,;y ,� = 1 •------,•• V , `•.:.`DAP0Rq J^• �',�`V • •pPPORAI. '-. ', By: �? ., p• ;,/' k w '• , Authorized Signature :K . n : • r, ; •� s k: ,y ; ,, . d ti iS ,1,A. f• ''T, 16 `A •0 - • '', d'.�fr • 16 `y9 d,'- �.�-�• G�L+IceU.c•++iio+�, '• '-1 •••••... .- ',e`;. •�• ......•'� T�, tl O - •',.,4RIL:i° , 1''�� �'gRIZCt r• V• ' -3 . o '°°� 616 GCT 171969 � ' rd.. • • - k.ar ce K. 1538225 .Qr • iii !etb, W.te Ws 16th . me d ' September -' a Opt 1 pa d oar Lori me dawning tilt leadred t �sUcty-rune ' Intern . ? - -ELDON Le ROY KEYSER and.HOPE M. KEYSER-- jO• . 4:a. Coen a .. Weld Lad Sate el&dotale,ads to - ¢e pert w --THOMAS I: MUSICK and WILMA G. MUSICK- _ , N - d . Weld sag Sens d Cetaade, d 6. o d SP Cower _ L.... ced Rota. _ . .. NI gTrNEbSTiB:.That the dd parties tithe first put far and a mastics ea a es rasa d --other good and valuable consideretlon and ONE HUNDRED DOI.tJ.RS ~ ail pus its of 6e in pot a trod PO4 br Se Tuba d 6e s•—I4 prat 6t aeWp( wLrtar S berm err w .d=ahnrtd he ve erste&bon e4..dd al econt e_' at br ease nets le II - pat,hrrp», sit tawny axt tamT:ns .mo the nid pest d 64..mead pet m pare me a to t a cones "t hat a Neu,®art.6e t=rim d shoat tall se[-se sal dm lake ad.ante0 Cilia mf ce knew.4 Se fd- ® losing otn es lot se pool aka.was bar toe Wag k eat -o rotary a Weld La Sane of Coke.. leek` co The North Half (N%) of Section Thirty-two (32), in Township Fors (4) r' North, of Range Sixty-five (65) West of the Sixth (6th) P.M.: together - ts; '� water rights, ditches, and laterals, and including with all water,o^ but not by way of limitation 21.71 shares of the capital stock ct the 119 1 J Farmers Reservoir and Irrigation Company; 1(CEPTING parcel of land yc conveyed to the Farmers Reservoir and Irrigation Company by warranty N1 ,-- ,3 ' Weld County records; t. -ai deed recorded !.^. 3r_k 4??, at page . 3.ch2 toT 0 TOGETHER with all ad Naga: the Mndnmaa ad arreesnaxet taananto bdcelsi or S an rue appertaining. sad the te.erakea ad renrtiena. remaiad et awl rmaiadtrt toss, ken. ad profit. theta; anal as the twat.rifle.title.ateret thins sad desue whtt.ae.n of the all pasties d 6e Ern pert titan it ae t *Cal% .1. a tad b 6e +Stet be.-rt^er P®.e.6e het nu Lee a,: ._ - TO PATE AND TO BO to roe ad 7n 'a aka Tapatl tad tracs-a.. e= `Tr`-"'amtet•m St avid pr*,d 6. lacy p.n.tM em-.i.P of goes 6*M On aryl. ft hi ,W a kit. of axe pot br. t.� ; --.. ern. At old pat leS a 6a frat put for thud elves. aad .emirloenta. a. - N mraaat gnat herraa lad nonfood with the aid Duce. of the atom&Wt'6e resi.x el Sea 8-tir . Le ant and en Min 4 saga of acts amino.Sw a 6e time d 6t smears(lad ea,rar I they are .T-tr aired of do sta. San scent . a el geol. sere perfect ahcl s tad todefelabk lay of se..la..ti a St a la rm,a.w la VD r!a4 r:d4 SaI fake sal Yard enr6S3r b net hepa. Id ad c r•rr.S.eat.I ate rad ice= shrta3C tad Ate 4 aaa we ea sad der from is brat sad c _ wn alms berm. akt. bee. ear.. a eamesa ul iscmanaca of wb'rw Idol -r:se moon co. ^t .mU'o1T_Ci TO mineral reservations of record; ® � -'. • tad the are herreaed pr®.ta is eat evict tad pat We pomade* d ete aid p.rtka of ea ..read ;Cc the _ hetaCy d Oa, cuto a.das mad the heirs tad aster. a a e r_tatt es :a ate 5' pram w pollen h'e'SrL}�r cc b rem tole lade se say pot abated.6e add pot Ses d 1M fire put Sal and A WAFA^AHT AND FOREVER D EFL\'D. - • I Cr ATT\ESS WHEREOF.the aid,.s deScd A. hart pert le ve hatraee pet their had s ad sal S dI Lay ad rrat tnt share tray • Siraaa, scared sae Dana S the Pawn= a� l.(rig.ri.,-ecri G^Fr -F�- Fr u) .. . r I-1r f Ai (SEAL) �- - (SLtL) pen . ) /O w . OT.'Wto RADO.H. Tit)loom iaatemte e.a sthaotSM-Rd hdare ax foie mT ed t rJ ��p•'��� September ;169,y ELDON Le ROY WISER and o • <r.�7"' r, O •9 HfPE M KEYS-R. e t' p U an .. . Whorl My Hand d Offital - �- �// �. ett.......:`�, : Yr c�.i°a Erptrn t of _...........:•. atrr Adak. WARRANTY anD-Tom Jain Trsv. ---- 4- - �t.;,;.',”4,,f`Sh i t. t L 1 1l;t fril i7l� %r 4/°� Oct i! {t v.• , F W �J x E ,4,7 ,r� i.i :a v5 Yt *. 'tA iJig.). ra 0, A rl`°h a ''-�r-ia•.r.1...G t. t ,. �, :t u..N$C,ts or .r ( ,Lfp to° Recorded at i1_y.}.S...o'rlock_c'�:.hi_..FEB_.._. 1^i � Rr S. LEE SHEHer, la, Recorder. II « ro Win___ _ FF._ , I ;Knout all filrtt ltli fl7c.,r Bryn?]:Ia, Thavt Ic-,- - OE1d.5._S.._.atInC�..a:_1...... I I Ni hfIL :. G, '!vS iCi: austand and wife I 51 ri 1 whose street address is City or Town of La 34110 s>` County of Vela ............._._..and Sle to oL..._ C212^?_10..._.._....._.._.....—._._._._._. ..ror the ' Iv ,p consideration of other valuable consideration and TEN ,t_DoCS II .)husband ' 1 T• r �I 52 II in F.and ^-", h•rtby sci:(s)an,. a/.\to Q.�.S i. � v.S L,.� a .i_:,:IA •iiS1C:\i 'ors, I s._.._. _. ; Il and as D. I * whose street address is City or Town of LaSalle � '.. _ PR N Cov n!r nf_._._._. ):='-�._.._ and the State or Colorado •hea 4.!!o^e^t r^:•1 property in the County of iiibitO and State of Co;u-ado, l i RA me 03 II Fait --; II a�,' IF H aLt Seven ,(7),of `or .' 'a- ,/ e ir'J a subdivision uoo. t a part , , v rte— Trot Two (2), t Southwest .v e (S:d] /It) of the riot h' 4 at cii lid oA (. .{ /H) of Section Slx (6) , TownshipFive (5) North, Ra_n;;c Stx•J II I (») Test ' t .e 5thF.N. Weld C Colorado, and 1 �'{1 tom. I Ij 1"1- �1 I Tae North Ralf (N1/2) of Section _two (31) , ' Townshin . o... ` � �2 - f ) ,;t o^ ae Sixttl ?.'.L , to-^ �I f4 1 hares o the capita stock o -e II aI FarmersReservoir and r _ ie r y EXCE PTI'JC parcel of lard I )A conveyed to he 2 ..er r v: 1 ..rid 2t!or Company bJ r_rr_nty �:; p I deed recorded in Cook 7 , at ?ace 1.5, Weld County records . t,=mil �� _ fill q ic.;a: II Iza. W.4 II IIraN rAt ri S.:.with all its appurtenance and warrant(s)the title to the same, subject to__`,.._%•............... C^ .;iG IIIIy� I II el I Signed this - ys'vj ••.� day of_..�flbD`.hi:7 A D 19...1� .f 8j�.{{ II In the Presence of ) '/ +ICY t ItVZ " I Flfi • STATUTORY ACKNOWLEDGMENT STATE OF COLORADO, royalty of_ Wald 1� i Fµ8 nI \....•........ Of The fomang ins anent was acknowledged before m:this I 11:1..._._.._._ day of.___.C.O.`v::1/2=2._._._.._._._._..,419.7°... 4�:' ti _ByTia=a....r a s cx 1 usbal and `r .: : at • s- � '1 .r Witness my hand and offii I sell. W fed and each or thorn. — ' c" O C to•• d sQl My commission expires_. . %ae2�e/._%.............•�./.._.. ,,.. ... ..\'" •c-1 Pti. Notary Public. Mr: A4drt.. for __,.-._...��_ -4 I:ulr ia[ ::at:te: Net,e .a—_ _____ ___ IlMA@�. FOPM 146 P[V,p.)] \YAnn/.NTY O[[D—.r,ru.nw., wr." wne•,!.+rnnn.n•ne nrt'�nn --., ecka�11111111111 Intl M 1 • 2633150 06/21/1996 County 04:20► Mold Coty CO. '`.>C> 1 of 1 R 6.00 0 7.00 JO Sukl Taukaaota PERSONAL REPRESENUICIVE'S DEED (testate Estate) THIS DEED is made by Li 113 an Helene Premier as Personal Representative of the Estate of Wilma G. Musick ff,� • to MP Investments. LW - a Colorado Limited'Liaoirlitl Cnmpayy Grantee. whosekpladnssis 361 71st Avenue, Greeley, CO ' of the 'County of Weld ,State of enlnradn WHEREAS,the Last Will and Testament of the above-named decedent was made and executed in the lifetime lithe decedent and is dale) February 6 19 76 which Will was duly admitted to in probate on January 27 ,$9�.$•by the District 1Coe an fur th • Court in and fur the County of Weld ,State of Colorado,Probate No. 9R PR 30 WHEREAS,Grantor was duly appointed Personal Representative of said Estate on January 27 19 ,and is now qualified and acting in said capacity. NOW THEREFORE.pursuant to the powers conferred upon Grantor by the Colorado nohow Code,Grantor does hereby sell,convey,assign,transfer and set ova unto said Grantee $.$Xx meanoy)P• (for and in conaidcrntion of other aced and valuable consideration and Yet, Dollars)•• • •• the following described teal property situate in the - County of tyld ,Slate of Cvlurado: The lbrth Half (N1/2) of the Northwest Quarter (b341/4), being a part of , The North Half(N1/2) of Section Thirty-two (32), Township Four (4).tiurU,, (1'00 Range EXCEPTINGty-Eive YIEJU PCn5) West a parcelfof lard conveyed totty thefFarmersState of Reservoiroanoda� Irrigation Ccnpany by deed recorded May 23, 1917 in Book 478 at Page 160. 'tbgether with 7.1.71 shares of Farmers Reservoir and Irrigation Catpanty (Barr Lake Division) ' with all appurtenances and warrant the title to the same, subject to rights 01 way as recorded in Book 06 at Page 273, Book 029 as Reception No. 1751445, Book 850 as Reception lb. 1772429, Book 936 as Reception No. 1057900, Buok No. 971 as Reception No. 1895763, Book 1046 as Reception No. 1985537, Book 1110 as Reception No. 2051285, Dock 1120 as Reception No. 2061168, Book 1203 as Reception No. 2148806; Speer Canal and rights of way under Reception lb. 153971; Reservation of right of way for any ditches or canals constructed by authority of the U.S. Patent recorded in Book 396 at Page 17; all coal, lute right to prospect for, mine, and remove coal as reserved by the U.S. Patent recorded 49; oil awl g in � as �r as aseuv�rded in B Book ook1 at 115 sRReception No. 1636701 and Wilba6opp1gRpmersksubject to covenants,easements and restrictions of record; ig \ _ Y 1998 taxes due and Payable in 199j9 ESERVpZZN HOWEVER unto antor, al oil as a d Chher mi orals re a tl o d y saitl granppttor if an�� 8 15, onqq tan r apgn ann tna[ may ec ssaryto erol seed treat ga'andGremoveusuc"htoiilr, gas anotneismineralgress necessary to explore oAsbsemeraa,the singular includes the plural and the plural the singular. Executed L(U r;rt si-• /yA ,19 98 i%e.. 'X ife.4, :tee-'Irv Lil ian Helene Premier Penang Repnentuhe of the Estate of Wi lire G. Musick ,Deceased STATE OF COLORADO )81. COUNTY OF Weld The foregoing instrument was aduawle gcd before me this_/'day of Aueia-5 L ,I9 98 , • by.Lillian.Helene Prettier as Personal RepseseWative of the Estate of Wilma G. Musick .ah ,Deceased. Wscat �i NCH wurrabk Hind biou..Maa3Wl4%1,GW or H.CPC46.Rea t.%. ?USOt4a.avae&NTATIYIa tlsaatnnne C bdkra M1Mafaa DOtrti.an.bner.Cal%feu—:1'1292-1500_2-% • midi 11111111111 11111 1111111111 111111111 1x111111 1111. R.cotded 20351'10 08/21/11.14 04:2W Weld County CO O'S R.ceptla 1 of 2 R 11.00 D 7.00 JR Saki teukuote ler. we Inoue tra Ant kg Ylr'B' preflight, Thatk.Lillian..Eelene..Premer., E1iz:theth.4 0yCe..11eW.1Q.t1.r...ElennQK..:BMth...C.1.A.tt911 whom street addreas/is 5612 W. Freemont Dr.City or Town of Littleton County of.__.._.._.....":.._.......................and State of...C.a.1.a.C.do 80123 for the consideration .Tc11 ---------------------------------------------------------------Dollars In band paid,hereby sclic")and convey®to..._..-..P)1'. ... .OY^,3. O,tP LLC i..4 CR34Tia4o Limi(ed Liability.Comllafty-. whose street address is 361 71st Avenue x;,Clty4er Town of Greeley County of.... Weld Colorado and the State of the following real property in the County of Weld and State of Colorado, \,'` a.wit; The North Half (N}) of the Northwest Quarter (NW}), being a part of (c1(lv The North Half (WW2) of Section Thirty-two (32), 7brtnship Four (4) North, Range Sixty-five (65) West of the 6th P.M., County of Weld, State of Colorado. Aa ECaTTING TIMMEFRCN a parcel of land conveyed to the Farmers Reservoir and Irrigation asrpany by deed recorded May 23, 1917 in Book 478 at Page 160. Together with 21.71 shares of Farmers Reservoir and Irrigation Ccnpany (Barr lake ^• Division) with all appurtenances and warrant= the title to the sane, subject to rights of way as recorded in Book 86 at Page 273, Book 829 as 'onNo. 1751445, Book 850 as Reception No. 1772429, Book 936 as Reception No. 1857908, Book 971 as Reception No. 1895763,Book 1046 as Reception No. 1985537, Book 1110 as Reception kb. 2051285, Book 1120 as Reception No. 2061168, Book 1203 as Reception Pb. 2148806; Speer Canal and rights of way under Reception No. 153971; Reservation of right of way for any ditches or canals constructed by authority of the U.S. Patent recorded in Book 396 at Page 17; all coal, the right to prospect for, mina and remove coal as reserved by the U.S. Patent recorded in Book 396 at Page 17; minerals reserved in Book 1141 at Page 49; oil and gas lease as recorded in Book 715 as • Reception No. 16367011 subject to reservations, exceptions, restrictions, conditions, atld..ea9HM]L evta ar..of..rerfvtl•.199a...teweG.due.and.payebl in1999 RESERVING HOWEVER, unto grantor, all oil, gas and other Liherais oresenfly owner by said _grantor., if any, in, on, under, upon and that may be produced from said premises, TOGETHER WITH the rights or ingress and egress necessary Co expIo't'8-18'r"';-'Mire and remove such oil, gas and other minerals. Signed this yQtL_ day ot._...cc A .:.. t A.D. 19 9.8 DDcMe IOOOtIPetL'ici L/ �� i ettAtli 1.+..r.. xl. :_......_.._ Lrl lento ' e.cd (E iztd:eth Joy //. ....._.....___.._........ �-.S�LYSL.'� .'. 6ir Eleanor Ruth Clough ,.. STATUTORY ACKNOWLEDGMENT STATE OF COLO 1ae� Pue1‘, .a. it -_.._. t,�,,,County of.._.l%(1P.1.. .._.._.._......_._ J S 4/The foregoing meat w acknowledged before me this. DARELLA L ;.._. ... day of ...:_ .. .. 18...99 , % ea etoaf c, yIii1113n wooly:.Pratt,._. ..........._.._... 44- t.........../A.A.: whales[Wand , ofn _ • i�E OF CO�� My commission e 1 � ., � r1 k 1 `. Notary Public Mahn Mum An PRIMA In*Tv Wow M.YMa Alarm rein..rein.. na I a *71 WARRANTY DFPn •, v mitt,rr•n roe . ...nn'"'" "n . r n•n.n ... „o r .. • -b II IIII�111111111NII III III 111111 III 11111 IIII 111I &way CO 2.et 2 It 11.00 0'7.00-It sink!T ulcaweelo . C -n STATE OF ARIZONA ) oCounty of titilu.dc)pa.)) The foregoing instrument was acknowledged before me this /GK day of , ai, 1998, by Elizabeth Joyce Newlon. Witness my hand and official seal. My commission expires PAtppritisitia�C��uciK- Srn, - Nwlr awl Mt•I IMICOIS N Islam ay. C West"boss*t me STATE OF CALIFORNIA ) )ss. County of ) AThe foregoing instrument was acknowledged before me this II". day of do ow 1998, by Eleanor Ruth Clough. Witness my hand and official seal. L� My commission expires OFRGAL iCAI L�'i- .... -ti Nuotfi BASF il A k`,•„- 9ANDIE00CCtJNT' f MMfAMM:EKF.JIM I9'flYJ' S :.ti m P ii -h SJ LI- P 0 . lbw 11340 e0 8o63a • 1111111 IIIII IIIIII IIII 1111111 IIIII IIIII III 11111 OHM 2095062 06/20/1096 03:30P Meld Canty CO 1 of 1 R 6.00 D 14.12 JR Sukl Teukatoto 09?- WARRANTY DEED uu31R142Atil Tills DEED, Made Ibis 20th day of May .19 99 , (( between �I. ,_ - M P Investments. LLC, A Colorado Limited I Liability Company 14 `9, Mils County of Weld and Stale of Colorado 1 gmnmc and Leland V. Crosby III and Tiffany D. Crosby whose legal etches is 18860 weld County Road 39, LaSalle, CO 80645 of the County of Weld and Stale of Colorado ,grantees: WITNECS.Thai the grantor,for and in consideration of the sum of ONE HUNDRED FORTY ONE THOUSAND TWO HUNDRED AND NO/100 DOLLARS,15141,200.00 ).the receipt and sufficiency of which is hereby acknowledged.has granted.bargained,sold and conveyed,and by these presents does grant.bar. gain.sell,convey and confirm,unto the grantees.their heirs and assigns forever.not in tenancy in common brie In Joint tenancy, all the real property together with improvements.if any,situate.lying and being in the County of Weld and Stale of Colorado,described as follows: Lot A of Recorded Exemption No. 1055-31-2-RE 2367, recorded May 7, 1999 at Reception No. 2692540, being a part of the North Half of the Northwest Quarter of Section 32, Township 4 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado alsn known by street and num he as 18860 Weld County Road 39, LaSalle, CO 80645 TI IGitTllER with all and singular the hereditasnents and appurtenances!hereunto belonging,or in anywise appertaining,and the reversion and reversions.remainder and remainders,rents.issues and profits thereof,and all the estate,right,title.interest. claim and demand whatsoever of the grantor,either in law or equity.of, in and to the above bargained premises, with the hereditamm2s and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and dencribeel.with the appurtenances,unto the grantees,their heirs and assigns forever. And the grantor.for himself his heirs and personal representatives.does covenant,grant,bargain and agree to and with the grantee.their heirs and assigns,that at the time of the ensealing and delivery of these presents,he ix well seized of the premises above conveyed, has god. MOT.perfect. absolute anti indefeasible estate of inheritance, In law. In tee simple,and has good right,full power and lawful authority In grant,bargain,sell and convey the same in manner and form as aforesaid,and that the same are free end clear from all former and other grants. bargains,sales.liens,taxes,assessments, encumbrances and restrictions of whatever kind or nature soever. except far taxes far the current year,a lien be not yet doe sand payable,easements,restHelm s,reservations.covenants and rights-af'way of record,If any. The grantor shall and will WARRANT AND FORFVRR DFFFNO the above-bargained premises in the quiet and peaceable posses. shin of the grantees,their beim and assigns.against en and every pevnn or persons lawfully claiming the whole or any pad thereof. The singular number shall include the plural,the plural the singular.and the use of any gender shall he applicable to all genders. IN WITNR.SS'WHEREOP.the grantor has executed this deed on the date set forth above. M P Investments LLC A Colorado Limited Liability Company • Mara Strodtman, Aa er STATE OF COLORADO J .. • )Ye. COUNTY OF WELD Ttefoegsdog-inslrumnewastelinlMMelgedbeforetnetiie 20th. dayof. May. ,l9.9.9 by Hark Strodtrnan as Maria p..pf .M-4. Investments, LLC A Colorado Limited Liability Company. ` ," My Commission expires: Fehr'miry 23, 2003 wit ghat and offrkda44 L I Notary Public Barbara R. Coonrod - WARRANTY NERD(la Yiaan Thorax)t'aoamea Part ItDJJer2A99 11111111111B1111111111IIIIllllliillllIIIP1111111!III! • 2776268 06/21/2000 03:31P a Sold TiuWnoto 1 0l 1 R 6.00 0 0.00 Weld County Co �5R QUIT CLAIM DEED THIS DEED, Made this 21st day of June .2000 , between Tiffany D. Crosby of Ow County of Weld end Slate of Colorado • No Doc Fee grantor(s),mid Leland V. Crosby III whose legalsddrees is 18860 Weld County Road 39, LaSalle, CO 80645 of the County of Weld and Stale of Colorado ,grantee(sy WITNRASHTH,That the grantor(s),for and in consideration of the sum of TEN AND NO/100 DOI-LARS,($10.00 ), the receipt and sufficiency of which is hereby acknowledged. has remised, released,sold. and QUIT CLAIMED, and by these presenn does remise.release,sell,and QUITCLAIM unto the grantects),his heirs.successors end assigns,forever.all the right, title, interest,claim and demand which the grantors)has in and to the real property. together wills improvements, if any,situate.lying and being in the County of Weld ,and State of Colorado.described as follows: Lot A of Recorded Exemption No. 1055-31-2-RE 2367, recorded May 7, 1999 at Reception No. 2692540, being a part.of the North Half of the Northwest Quarter of Section 32, Township 4 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado slsokonenbysualandnumheras 18860 Weld County Road 39, LaSalle, CO 80645 TO HAVE AND TO HOLD the sane,together with all and singular the appurtenances and privileges thereunto belonging.or in anywise thereunto appertaining.and all the estate.right.Mk.interest,and claim whatsoever,of the granlorts).either in law or equity,to the only proper use,benefit and hehnof of the grantee(sl,his heirs and assigns forever. lle singular number shall include Ike plural.the plural the singular.and the use of any gender shall be applicable to all genders. IN WITNESS WHEREON,the grantor(s)has executed this Jred on the date set forth above. if fan . Cr STATE.OF COLORADO 1st COUNTY Op WELD The foregoing instrument was acknowledged before me this 21st day of June . 2000.by Tiffany D. Crosby My Commission expires: 8-23-03 *Mess my of ialyal If✓/Vl,ry/W, N,Nary XBMJfblllie . gllf e:AIM DEM NTWO Rea thilTh11ati • 111110 ill 111131111111 l h l!11 I I I1111 I I I I I I I I 2778582 07/05/2000 03:44P a Sold Tsokemolo 1 of t R 5.00 0 18.20 Weld County CO r Cl 2 WARRANTY DEED 71X5 DEED. Mai this 30th My of June 2000. i,t.037'I 3+A0'D between Leland V. Crosby III c 1%%a of the County of Weld and State of Colorado . grantor.and Brian MacDonald and Elise Santagata whose legal address is 18860 WCR 39, LaSalle, CO 80645 ofer County of Weld and State of Colorado ,grantees: WITNESS,That the grantor.for and in consideration of the sum of ONE HUNDRED EIGHTY TWO THOUSAND AND NO/100 DOLLARS,($182,000.00 ),the receipt and sufficiency of which is hereby acknowledged.has granted.bargained.sold end conveyed.and by these presents does grant,bar- gain,sel convey and conform.unto the grantees.their heirs and assigns forever,not la tenancy Is common but thpint tenancy, all the real property together with improvements,if any situate,lying and being in the County of Weld . and State of Colorado,described as follows: Lot A of Recorded Exemption No. 1055-31-2-RE 2367, recorded May 7, 1999 at Reception No. 2692540, being a part of the North Half of the Northwest Quarter of Section 32, Township 4 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado also known by street and number as 18860 Weld County Road 39, LaSalle, CO 80645 TOGETHER with all and singular the haeditamenu and appurtenances thereunto belonging.or in anywise appertaining,end the reversion end reversions.remainder and remainders.rents.issues and profits thereof,and all the estate,right.title,interest, claim and demand whatsoever of the grantor.either in law or equity.of.in and to the above bargained premises,with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described.with the appurtenances.unto the grantees,their heirs and assigns forever. And the grantor,for himself,has heirs and personal representatives,does covenant,grant.bargain and agree to and with the grantees.their hears and assigns,that at the time of the enraling and delivery of these presents,he is well seized of the premises above conveyed,has good.sum, perfect absolute and indefeasible estate of inheritance, an law, in fee simple,and has good right full power and lawful authority to grant bargain,sell and convey the sane in manner and form as aforesaid,and that the same are free and clear from all former and other grants,bargains,sales,liens,taxes,assessments, encumbrances and restrictions of whatever kind or nature some,. except for taxes for the current year,a lien but not yet due and payable,easements,restrictions,reservations,covenants and rights-of-way of record,If any. The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable posses- sion of the grantees,their heirs and assigns,against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural.the plural the singular.and the use of any gender shall be applicable to all genders. IN W B OF.the grantor has executed this deed on the date set Rath above. e nd V. Caro STATE OF COLORADO ff-(i:„.... ...), ,.. '�) COUNTY OF WELD • ::Ls%:f1!i � ttp^v.' '30th day of June , 2000,by The foregoing instrument was acknT l6Qged)sk net<K.t Leland V. Crosby III h'OFTC,:!:. , My Commission expires: February 23, 2003 Wimr475 oK ssdal. ' lXl/ !444 Notary Public 't Barbara R. Coonrod WARRANTY saw It.Ian Mira)ostarrrn A) Bna uosll37A00 ` ~. WELD C Y DEPARTMENT OF PUBLIC •ALTH AND ENVIRONMENT 1"555 NORTH 17TH AVENUE, GREELEY, CO 80631 PHONE (970) 304-6415 FAX (970 ) 304-6411 Permit # : SP-9900477 Sec/Twn/Rng: Status : BOH-HOLD Permit Type : CNEW C=commercial, R-residential NEW, REFair, VauLT Applied: 09/16/1999 Parcel No : 1055 32 Issued : Finaled: Location: 19094 WCR 40 LASALLE CO 32-4-65 Legal Desc : APPLICANT DANIEL JIM MGR Phone : 970-396-0871 PO BOX 117, LASALLE CO 80645 OWNER ENVIRO-CYCLE LLC Phone : 970-396-0871 PO BOX 117 , LASALLE CO 80645 SEPT-ENGR TOTAL ENGINEERING Phone : ( 970) 284-9240 444 SOUTH 2ND ST, LASALLE COLORADO 80645 SEPT-INSTL SIMON' S BACKHOE SERVICE Phone : (970) 352 -7820 1702 1ST AVE, GREELEY CO 80631 Description : MODULAR OFFICE Commercial (Y/N) : Y Residential (Y/N) : Acres : 78 . 00 Number of Persons : 5 Basement Plumbing (Y/N) : N Number of Bedrooms : Bathrooms-> Full : 3/4 : 1/2 : 1 Water Public (Y/N) : Y Utility Name : WELD CENTRAL Water Private (Y/N) : Cistern (Y/N) : Well (Y/N) : Water Permit No : Percolation Rate : 20 . 0 Limiting Zone : >08 ft 00 in Desc : 95 Ground Slope : Dir : Soil Suitable (Y/N) : Y Engineer Design Req' d (Y/N) : Y In 100 Yr Flood Plain (Y/N) : N Minimum Installation Septic Tank: 1000 gal Absorption Trench: 432 sq. ft . Absorption Bed: sq. ft . Actual Installation -- Septic Tank: /c /---1 gal Absorption Trench : sq. ft . . Absorption Bed : sq. ft . Design Type : NOTICE The issuance of this permit does not imply compliance with other state, county or local regulatory or building requirements, nor shall it act to certify that the subject system will operate in compliance with applicable state, county and local regulations adopted persuant to Article 10, Title 25, CRS as amended, except for the purpose cf establishing final approval of installed system for issuance of a local occupancy permit persuant to CRS 197? 25-10-111 ,2, . This permit is not transferable. The Weld County Health Department reserves the right to impose additional terms and conditions required to meet our regulations on a continuing basis. Final permit approval was contingent upon the final inspection of the completed system by the Weld County Health Department. Environmental Specialist Date • • Init : IELD COUNTY HEALTH DEPARTMENT (970) 304-6415 RECEIPT Receipt Number : 99001871 Amount : 315 . 00 09/16/1999 14 : 05 Payment Method: CHCK Notation: 1190 User : VHAMILTO Owner Name : ENVIRO-CYCLE LLC Applicant Name : DANIEL JIM MGR Permit No : SP-9900477 Parcel No : 1055 32 Site Address : Location : 19094 WCR 40 LASALLE CO 32-4-65 Total Fees : 315 . 00 This Payment 315 . 00 Total ALL Pmts : 315 . 00 Balance : . 00 Account Code Description Amount 256041400-4221-400 New Septic Permit 315 . 00 256041400-4221-400 Repair Septic Permit . 00 256041400-4221-400 Vault Permit . 00 256041400-4221-400 Site Evaluation . 00 256041400-4730 -400 Potable Water Sample . 00 Description : MODULAR OFFICE Commercial (Y/N) : Y Residential (Y/N) : Acres : 78. 00 Number of Persons : 5 Basement Plumbing (Y/N) : N Number of Bedrooms : Bathrooms-> Full : 3/4 : 1/2 : 1 Water Public (Y/N) : Y Utility Name : WELD CENTRAL later Private (Y/N) : Cistern (Y/N) : Well (Y/N) : • Water Permit No : • NOTICE Pplicant acknowledges receipt of the individual sewage disposal system guide and that the completeness of this application is ondittonal upon further mandatory and additional tests and reports as may be required by the Weld County Health Department to be ade and furnished by the applicant or by the Weld County Health Department for purposes of the evaluation of the application; and he issuance of the permit is subject to such terms and conditions as deemed necessary to insure compliance with rules and egulations adopted under article 10. title 25, CRS as amended. The applicant certifies that the proposed system will not be ocated within 400 feet of a community sewage system. The undersigned hereby certifies that all statements made, information nd reports submitted herewith and required to be submitted by the applicant are, or will be, represented to be true and correct o the best of my knowledge and belief, and are designed to be relied on by the Weld County Health Department in evaluating the ame for purposes of issuing the permit applied for herein. I further understand that any falsification or misrepresentation may esult 'n the denial of the appli tion or revocation of any permit granted based upon said application and in legal action for erju y as provided by dPO L ca con expires one year from the signature date. fj 7-7 7y /APPLICANT Date OWI CENTRAL WELD COUNTY WATER DISTRICT November 11, 2002 Marcum Midstream 1995-2 EC Holdings, LLC. A Delaware Limited Liability Company 303 E. 17th Avenue#660 Denver, CO 80203 Dear Sir or Madam: This letter is in response to your request for the availability of water service for the following described property: Lot B in N %2 NW '/4 Section 32, Township 4 North, Range 65 West, Weld County, Colorado. Water service is presently available to the above described property by tap number 1717 located at Weld Co. Rd. 39 between 38 & 40. This property has met requirements of Central Weld County Water District, Northern Colorado Water Conservancy District and the Bureau and has been petitioned into Northern Colorado Water Conservancy District. If you have any questions regarding the above, please contact this office. Sincerely, CENTRAL WELD COUNTY WATER DISTRICT (C '� vJohn W. Z General Manager JWZ/rg N O V 1 3 2002 2235 2nd Avenue • Greeley,Colorado 80631 • Phone(970)352-1284 • Fax(970)353-5865 John W.Zadel,General Manager I \ Bingham, Mark From: Bergman, Jon Sent: Thursday, November 29, 2001 11:57 AM To: Bingham, Mark Subject: FW: Envirocycle- 99WE0738 Li Envirocycle- 99WE0738 Original Message From: Rande Bernal [mailto:envirocyclemgr@yahoo.com] Sent: Thursday, November 29, 2001 11:55 AM To: Jon bergman Subject: Fwd: Envirocycle - 99WE0738 Jon, Mike wanted this letter to confirm our air permit was summited. I faxed it to him, but I'm not sure if he recieved it, sending it to you as a back-up. Thanks Rande Note: forwarded message attached. Do You Yahoo!? • Yahoo! GeoCities - quick and easy web site hosting,just $8.95/month. http://geocities.yahoo.com/ps/info 1 1 I Nat Bingham, Mark From: Doug Ryder [Doug.Ryder@state.co.us] Sent: Thursday, November 29, 2001 11:45 AM To: envirocyclemgr@yahoo.com Subject: Envirocycle - 99WE0738 • Hi Randi, This email confirms that the Colorado Air Pollution Control Division has received all material necessary for Envirocycle to receive a Final Approval permit for 99WE0738. In other words, Envirocycle has satisfied all Final Approval requirements; the permit revocation process has been halted and will not be acted upon. I submitted this permit for Final Approval on November 2, 2001; it is currently making its way through the permitting process. When the Final Approval permit is ready Envirocycle will receive a bill for engineering services. Once that bill is paid the permit will be issued and sent to you. Just a reminder: in the event Envirocycle is purchased by another company or individual, the new owner will have to file a new Air Pollutant Emission Notice, filing fee (currently$119.96), and Transfer of Ownership documentation. Doug 1 RC% I Y :D. G. &S. 3 I -i 3- I : I 1 .08M1 - 30:1 :321 1911-. D. G. &S. I I A .. 1124 Madison St Denver,CO 80208 CMiller Engineering, Inc. (303)322-9247 (303)321-4314 FAX Fax To: John Bergman,Davie Graham&Stubbs Pram Clayton Miller Fart 303-893-1379 Pesos: 3 P hone: 303-892-9400 Dab: 11/28/01 Rai Envlro-Cycle LLC CC: ❑ Urgent O For Rwlswv O Please Comment O Please Reply O Please Recycle •Comments: John- Here is a statement of qualifications / personal resume to illustrate my experience managing oil and gas operations including waste processing facilities. Since I have not been formally retained by Enviro-Cyde at this time, any correspondence that I have had to date with Mr. Cervi or his employees cannot be represented as my professional opinion. To the extent that Enviro-Cycle and Weld County reach a settlement, I am available to provide consulting or management services. When discussing options with your client regarding the Enviro-Cycle facility, keep in mind that I am also willing and able to acquire all or part of the facility at a fair-market value. That transaction can be considered independently of any need for short-term management services. Best Regards, KL ,1 .II. ... &S. l 1 :0UAAI 303 :321 •1:314 D. G. &S. : II 2 i CMiller Engineering, Inc. Clayton Miller, PE. (303)322.9247 office 1124 Madison St. (303)321-4314 FAX Denver, CO 80206 clayton.millerfgatt.net Career A registered professional engineer in the state of Colorado with fourteen years Summary of experience in oilfield operations management. Nine years experience in the Denver Julesberg Basin overseeing field operations, facilities construction, • and regulatory compliance. Significant experience with day-to-day management of large production operations, drilling programs, oilfield trucking and construction, and oilfield waste management facilities. 1999 & 2001 CMiller Engineering, Inc. (Denver, CO) Professional • Independent consulting engineer for domestic and international drilling. Experience exploration, gas processing and gas storage projects. Providing regulatory compliance and performance certification services for gas transportation and gas storage projects in California, Colorado, Nova Scotia, Canada, and Victoria, Australia. Facilities design and regulatory permitting for drilling and enhanced oil recovery projects in Wyoming and Colorado. Clients include: Energy & Environmental Engineering, Englewood, CO RW Beck, Inc., Denver, CO Tom Brown, Inc., Denver, CO Bataa Oil, Inc.. Greeley, CO 1999 — 2001 Bataa Oil, Inc. (Greeley, CO) Operations Manager • Responsible for engineering and operations management of a privately held company with 265 producing wells. Engineered and supervised drilling, completions, and maintenance programs. Managed production accounting, state reporting, and all regulatory compliance and permitting functions. 1993 — 1999 Patina Oil & Gas Corp. (Denver, CO) Division Operations Manager, Drilling Manager, Production Manager • Manager of ail field production operations including 3,500 producing wells, workover operations, drilling and completions, maintenance and construction, materials procurement, waste management, and slate and county reporting and permitting. " • Manager of a field services subsidiary company for trucking and construction operations. Operated a PUC regulated waste hauling service for the transportation of Class II oilfield wastes including produced water and solid wastes. • Constructed and managed two Class II water disposal facilities and a solid KLA uI V. U. NS. : 1 1-215- 1 : 11 : LUAU : :5O3 :121 ;314- U. G. &S. : / 3 • N. waste recovery facility. The Class II water disposal facilities, one in Weld • County, Colorado and the other in Uintah County, Utah. were each constructed to process 3,000 to 4,000 barrels of water per day. The solid waste facility was a bioremediation landfarm designed to process 600 cubic yards per month of hydrocarbon contaminated soils and tank bottom • sludges. Both facilities were permitted and operated in compliance with state and county regulations. • 1992 Winmill Petroleum, Inc. (Denver, CO) Partner/Co-Founder • Engineering and consulting firm specialized in drilling and completions in the Rocky Mountain region. 1987 - 1992 Chevron U.S.A., Inc. (Denver, CO) Drilling Engineer/Drilling Foreman Production/Reservoir Engineer Education 1981 - 1987 Texas A&M University, College Station, TX • Master of Science, Petroleum Engineering, conferred May 1987. • Bachelor of Science, Petroleum Engineering, conferred May 1986. Affiliations - Registered Professional Engineer, Colorado license#28079 • Member, SPE References Available upon request • Page l of 1 Bingham, Mark From: Bergman, Jon Sent: Monday, November 19, 2001 3:45 PM To: Bingham, Mark Subject: Cervi Mark, Cindy Etcheverry inspected Enviro-Cycle LLC today. Rande Bernal called about the results of this inspection, which were good. I told Rande to write me a draft letter to confirm the results of this inspection. Here is the letter (which contains my edits): • Dear Ms. Etcheverry, On November 19, 2001, you completed the 4th quarter inspection of Enviro Cycle LLC. During this inspection (which I attended), you stated that Enviro-Cycle was in compliance with the terms of the permit. During the inspection, you asked to see the underdrain for the test well. However, for some reason I did not have the key with me to unlock the underdrain. I apologize for this inadvertent oversight. If you would like to inspect the underdrain, please call to schedule a time to do so. Also, during the inspection you suggested that we build a berm for the low area in front of the drainage pipe. We will work on meeting this request. ANY THOUGHTS? 11/29/2001 Kim Ogle - Re: Envirocycle notes Page 1 From: "Doug Ryder" <Doug.Ryder@state.co.us> To: <CETCHEVE@co.weld.co.us> Date: 10/30/01 4:23PM Subject: Re: Envirocycle notes Hi Cindi, I'm happy with the notes as they are, so, no need to modify. That said, if I were going to take the trouble to put them in electronic format I probably would make some small modifications. I hope that my comments were of sufficient clarity that it will not be necessary to change anything, or go to the trouble of rewriting them in electronic format, but please let me know if that turns out not to be the case. In view of the fact that Weld County is still negotiating with Envirocycle, should I hold them to the date of Nov. 9 to self certify? It sounds like it might be hard for them to do this with so many things unsettled. Doug >>> "Cindi Etcheverry" <CETCHEVE@co.weld.co.us> 10/26/01 10:59AM >>> Hi Doug, Thank for the impromptu notes concerning the air permits at Envirocycle! As it turned out, we did not need the information at this meeting. However, may need it at a later date. I will fax your notes to you as soon as I get done here. If you would like, you are welcome to make a more formal document!! If you feel confortable with the notes you gave me, I will put them into the file. The general topic during this meeting were options that the facility may consider pursuing, i.e., sell of property, change of management, applying for a new Use Permit through the County, and defining what type of substantial change to the facility would be in the best interest of the facility owner. The owner does not want to sell the facility but if he had to sell in order to get a new Use Permit, then he would like to split the property as the facility is on 68 acres at this time. There is another meeting before the Board of County Commissioners, scheduled for November 29, 2001. This meeting will discuss those issues in a more formal setting. Thank You Again, Cindi CC: <pbrewer@co.weld.co.us> Kim Ogle - Mime 822 Page 1 Received:from mailr.apa.qwest.net by AD01;Tue, 30 Oct 2001 16:22:29-0700 Received:from dnsl.state.co.us(dnsl.state.co.us[192.70.175.110]) by mailr.apa.qwest.net(8.11.0/8.10.0)with ESMTP id f9UISPJ09660; Tue, 30 Oct 2001 11:28:25-0700(MST) Received:from smtpgate.dphe.state.co.us by dnsl.state.co.us(8.8.8/1.1.8.2/03Aug96-0358PM) id LAA0000025485;Tue, 30 Oct 2001 11:34:58-0700(MST) Received:from DPHED1-Message_Server by smtpgate.dphe.state.co.us with Novell_GroupWise;Tue, 30 Oct 2001 11:27:44-0700 Message-Id: <sbde8eb0.038@smtpgate.dphe.state.co.us> X-Mailer: Novell GroupWise Internet Agent 5.5.5.1 Date: Tue, 30 Oct 2001 11:27:37-0700 From: "Doug Ryder'<Doug.Ryder@state.co.us> To: <CETCHEVE@co.weld.co.us> Cc: <pbrewer@co.weld.co.us> Subject: Re: Envirocycle notes Mime-Version: 1.0 Content-Type:text/plain;charset=US-ASCII Content-Disposition: inline Hi Cindi, I'm happy with the notes as they are, so, no need to modify. That said, if I were going to take the trouble to put them in electronic format I probably would make some small modifications. I hope that my comments were of sufficient clarity that it will not be necessary to change anything, or go to the trouble of rewriting them in electronic format, but please let me know if that turns out not to be the case. In view of the fact that Weld County is still negotiating with Envirocycle, should I hold them to the date of Nov. 9 to self certify? It sounds like it might be hard for them to do this with so many things unsettled. Doug >>>"Cindi Etcheverry"<CETCHEVE@co.weld.co.us> 10/26/01 10:59AM >>> Hi Doug, Thank for the impromptu notes concerning the air permits at Envirocycle! As it turned out,we did not need the information at this meeting. However, may need it at a later date. I will fax your notes to you as soon as I get done here. If you would like, you are welcome to make a more formal document!! If you feel confortable with the notes you gave me, I will put them into the file. The general topic during this meeting were options that the facility may consider pursuing, i.e., sell of property, change of management, applying for a new Use Permit through the County, and defining what type of substantial change to the facility would be in the best interest of the facility owner.The owner does not want to sell the facility but if he had to sell in order to get a new Use Permit,then he would like to split the property as the facility is on 68 acres at this time. II r Kim Ogle - Mime.822 Page 2 d, There is another meeting before the Board of County Commissioners, scheduled for November 29, 2001. This meeting will discuss those issues in a more formal setting. Thank You Again, Cindi 1 Kim Ogle- Re: Envirocycle notes Page From: Bethany salzman To: "Doug.Ryder@state.co.us".GWIA.CENTDOMAIN Date: 10/31/01 7:52AM Subject: Re: Envirocycle notes YES" Since they are still operating they should not be given any preferential treatment. They still need to comply with all County, State and Federal Regulations. I think they have put this permit off long enough. Even if the facility changes hands, they still would need to have this permit. My vote is NO extension. Bethany >>> "Doug Ryder" <Doug.Ryder@state.co.us> 10/30/01 11:27AM >>> Hi Cindi, I'm happy with the notes as they are, so, no need to modify. That said, if I were going to take the trouble to put them in electronic format I probably would make some small modifications. I hope that my comments were of sufficient clarity that it will not be necessary to change anything, or go to the trouble of rewriting them in electronic format, but please let me know if that turns out not to be the case. In view of the fact that Weld County is still negotiating with Envirocycle, should I hold them to the date of Nov. 9 to self certify? It sounds like it might be hard for them to do this with so many things unsettled. Doug >>> "Cindi Etcheverry" <CETCHEVE@co.weld.co.us> 10/26/01 10:59AM >>> Hi Doug, Thank for the impromptu notes concerning the air permits at Envirocycle! As it turned out, we did not need the information at this meeting. However, may need it at a later date. I will fax your notes to you as soon as I get done here. If you would like, you are welcome to make a more formal document!! If you feel confortable with the notes you gave me, I will put them into the file. The general topic during this meeting were options that the facility may consider pursuing, i.e., sell of property, change of management, applying for a new Use Permit through the County, and defining what type of substantial change to the facility would be in the best interest of the facility owner. The owner does not want to sell the facility but if he had to sell in order to get a new Use Permit, then he would like to split the property as the facility is on 68 acres at this time. There is another meeting before the Board of County Commissioners, scheduled for November 29, 2001. This meeting will discuss those issues in a more formal setting. Thank You Again, Cindi Kim Ogle - Memo100101wpd Page 1 ‘1, I � WIWDc. COLORADO TO: Weld County Department of Planning Services Environmental Health Public Works (Hard copy and E-Mail) FROM: Lee D. Morrison, Assistant Weld County Attorney DATE: October 1,2001 SUBJECT: Envirocycle CONFIDENTIAL-ATTORNEY CLIENT PRIVILEGE is October 5,2001,AT 3:00 P.M. IN Room 350 staff will be meeting with Mr. Cervi and his attorney (Jonathon Bergman)to discuss the process for an amended application for the facility in the event that Mr. Cervi finds a purchaser. It is my intention that this discussion fit under the concept of"settlement negotiation" and that the discussion would not become evidence in court proceedings. This is intended to give you some background as to the current status of the case. The Board signed a resolution revoking the Use by Special Review for Envirocycle on July 16,2001. Immediately thereafter, counsel for Envirocycle filed an action in District Court for Weld County seeking to overturn the Board of County Commissioner's decision to revoke the permit. They also asked that the Court stay the Board's resolution pending determination of the appeal. The County has not objected to the stay on the effect of the Board's resolution on the condition that Envirocycle continue to meet any requirements of the permit. The effect of this stay is to allow Envirocycle to continue to operate under the terms of the current USR and if the operation does not meet the permit requirements, the violation should be called to this office's attention so that the information can be provided to the Court, if appropriate. The Court would have the power to lift the stay and order the facility shut down during the appeal after a hearing before the District Court. The counsel for Envirocycle and myself have discussed what avenue may be available to seek a new operator for the facility. At the time of the hearings, I had misstated the substantial change rule, assuming that a revoked permit was covered by the substantial change process. However, subsequent 2 Kim Ogle - Memo100101.wpd Page review of the language of the code has indicated revoked permits are not covered by the same process and no substantial change process is needed. Therefore, in order to provide the opportunity for a new owner/operator to assume responsibility for the site, the timing would be as follows: 1. The new operator would file an amended application to operate the facility. This would not be considered a solid waste facility requiring a Certificate of Designation since the jurisdiction at the state level lies with the Oil and Gas Commission and not with CDPHE. 2. One condition of the amended USR, if approved, would have to be that current operator, Envirocycle, would withdraw their request for a stay in the judicial proceedings and allow the revocation to proceed. In the alternative,it may be possible to substitute a condition that Envirocycle agree to vacate the first USR prior to the recording of the plat for the amended USR. I anticipate that they will ask to do that to avoid the stigma of having their permit revoked. The meeting, I anticipate,will be intended to cover the procedure for an amended USR and any issues that have arisen during the operation of the current USR which would need to be addressed in a new application. Please give some serious consideration to what the new operator should be asked to do differently from the current operator. I would assume, that the referral process will be facilitated by the fact that the actual physical design of the facility is not going to change substantially and that the unstated purpose of this will be to get an operator that the County has more faith in. I have included Public Works in case there are issues they need to have addressed. Public Work's presence is up to your discretion since the violations did not involve road issues but your participation is welcome. Lee D. Morrison Assistant Weld County Attorney M:\WITILESTLEAMENVIRO-CYC\MEN1O100101 PFILESVPLEADAEN V I RO-CYCAMEMO100101.W PD I LUM. AP STAM 'D l ` '" DIAM. ALUM. CAP STAMPED JONES ALUM. CAP STAMPED ALLE5 AND LS 22098 ASSOCIATES AND PLO 96__ _ POINT OF BECALMING \\1 BASIS OF BEARINGS _ / _ 589'40'44"E 2642.60' F 1ii- '— L30' EXISTING EXISTING POINTS �, I COUNTY ROAD OF ACCESS ry� ..,..x RIGHT—OF—WAY 06 O Z m.. }p• EXISTING COUNTY ROAD n DETgn 806.34129"W RIGHT-OF-WAY Nm L- - 39.23' NTS 027 /113517' aova _� � — i + ea �T ,r "` -....__ sVA �° 67.323± Acres N46153� .�• i�, '.1� i� . I'. ' ao> V\\ p 44.11' 18984 WCR 39 0I ui f co 1 5884842 — 1_1S•� • VAN. N � I 123.492' • - '• \\ fis I,-_ : '-- — �� C14 I in a - �...: • 5DI 84'41'36"W / S��9�y'( III �q90� 028 Y - IRRIGATION PIPE BOOKSPEE 4J8NPAGE MAY 23,1911 175.45' Ci%/ q. LINE EASEMENT coi.zPG L� 889'48'42 111E EXISTING LOCATION OF THE DITCH C16j-- \ IS NOT AS DESCRIBED IN THE RECORDED < / �I 308.33' \ '\ SET CONCRETE NAIL k DOCUMENT. THE LOCATION AS SHOWN 10' RESERVED FOR 18860 WCR 39 HEREON IS BASED UP 1HE EXISTING / SHINER LS 22098 IN TOP FUTURE ROAD DITCH LOCATION. OF EAST WALL OF CONCRETE PURPOSES 0 ^ "`��� DITCH 514'01'11"W Z m (PROPOSED BUILDING S`TO I «II ENVELOPE — LOT B �q.,ts: / 127.58' I If C+,p 1,'N 238.63' 16 • 1 1300.00' 4LJ 4' NN 1 -- N89'31'46"W • w. • 1917.34' f .�, 589'31'46'E \ 2637.38' \ eery NORTH SIXTEENTH CORNER ' . SECTIONS 31/32—T4N.—R.65W. FOUND 06 DIA. ALU E M. CAP BAR STAMPED JONES LS 22098 .T••w� • \ CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD CH.BEARING C15 149.70' 724.00' 1150'48' 149.43' S08'OS'47'W C16 202.29' 164.00' 70'40'25' 189.71' 549121'23'W ,� C17 162.03' 141,00' 6550%2' 153.26' 551'46'25'W • - • C18 98.25' 591.00' 09'31'31' 98.14' 51405'28'W LicSi' fit* RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR AN OIL AND GAS SUPPORT FACILITY (BRINEWATER DISPOSAL) IN THE A (AGRICULTURAL) ZONE DISTRICT - CONQUEST OIL COMPANY WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 10th day of February, 1993, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Conquest 011 Company, 3400 West 16th Street. Suite 6L, Greeley, Colorado 80631, for a Site Specific Development Plan and Special Review Permit for an oil and gas support facility (brinewater disposal) in the A (Agricultural) Zone District on the following described real estate, to-wit: Part of the SEi SE;, Section 8, Township 4 North, Range 64 West of the 6th P.M., Weld County, Colorado WHEREAS, said applicant was represented by Dale Butcher, Vice President of Conquest Oil Company, and WHEREAS. Section 24.4.2 of the Weld County Zoning Ordinance provides standards for review of said Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24.4.2 of the Weld County Zoning ordinance as follows: a. The proposal is consistent with the Weld County Comprehensive Plan Agricultural Policies. The proposal will not remove prime agricultural land from production. b. The proposal is consistent with the intent of the Agricultural Zone District and is provided for as a Use by Special Review. PL0897 930142 �LC89� c l°� Nc, d-PP SPECIAL REVIEW PERMIT - CONQUEST OIL COMPANY PAGE 2 c. The uses which would be permitted will be compatible with the existing surrounding land uses which include agricultural production, and other oil and gas facilities. The uses which would be permitted will be compatible with the future development of the surrounding area as permitted by the existing zoning. d. The applicant has demonstrated a diligent effort has been made to conserve productive agricultural land in the locational decision for the proposed use. e. No overlay districts affect the site. f. Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Site Specific Development Plan and Special Review Permit for an oil and gas support facility (brinewater disposal) in the A (Agricultural) Zone District on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1. The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Special Review activity shall not occur on site until the following is provided: a. A detailed diagram of the injection well which has been approved and permitted by the Oil and Gas Conservation Commission shall be submitted to the Weld County Environmental Protection Services Division for review and documentation. b. Evidence that the requirements of the U.S. Army Corps of Engineers have been met pursuant to Section 404 of the Clean Water Act. 936142 SPECIAL REVIEW PERMIT - CONQUEST OIL COMPANY PAGE 3 4. Prior to any injection of waste into the well, a copy of the drilling log must be submitted to the Weld County Environmental Protection Services Division. 5. Prior to pressure testing at the facility, the Weld County Environmental Protection Services Division shall be informed of the specific dates in order to observe the process. 6. Prior to commencement of the Special Use activity, the facility and injection well shall be reviewed and approved by the Colorado Oil and Gas Commission. 7. Prior to recording the Special Review Permit plat, a road maintenance and improvements agreement shall be approved by the Board of County Commissioners. The agreement shall address the application of calcium chloride along Weld County Road 46, from the site's west boundary to the intersection of Weld County Roads 46 and 53, and shall designate a restricted haul route on Weld County Road 46 to Weld County Road 53. The agreement shall be reviewed and may be amended to require paving one year after approval by the Board of County Commissioners, if the Board deems the pavement is necessary. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of February, A.D., 1993. rI BOARD OF COUNTY COMMISSIONERS ATTEST: y4 WE COUNTY, COLORADO Weld County Clerk to the Board �%(fiit�C,G/�• .� �, -$p Constance]/LQ.. Harbert, Chairman BY: rJ-ru`-`� I'�.rrr-wa%'+'li /L' Y'.' GI'2A41M i1 SL` Deputy Clebic to the Board W. H. Webster, PPrP-Tem APPROVED TO FORM: .r C - fii✓i rge B rt7axter ' r—r/ , nib County Attorney Dal K. Hall /rs,LL(a Argeyu 'Barbara J. Kirkmey r 930142 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS CONQUEST OIL COMPANY USR 0996 1. The Site Specific Development Plan and Special Review Permit is for an oil and gas support facility (brinewater disposal) in the A (Agricultural) Zone District as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. A manager, knowledgeable in operating an injection well, shall be on site when the facility is receiving waste. 4. A safe and adequate sewage disposal system shall be available on the facility premises. A vault system shall be acceptable. 5. A safe and adequate fresh water supply shall be available on the facility premises. 6. A 3-foot by 4-foot sign shall be posted at the entrance gate listing wastes accepted, hours of operation, and 24-hour emergency telephone numbers. 7. The name of the facility at which the filters will be disposed, and copies of any required analysis, shall be provided to the Weld County Environmental Protection Services Division. R. No disposal of waste other than Class II, as defined by the Environmental Protection Agency is permitted. Any change from the approved Class II use would require an amendment to this Special Review Permit. 9. The maximum permissible noise level shall not exceed the industrial limit of RO dB(A), as measured according to 25-12-102, Colorado Revised Statutes. 10. Fugitive dust shall be controlled on the site. 11. The haul route shall be Weld County Road 46 east to Weld County Road 53. No hauling shall be allowed on Weld County Road 46 west of the site to Weld County Road 49. 12. The facility/operation shall comply with the approved road maintenance and improvements agreement. 930142 • DEVELOPMENT STANDARDS - CONQUEST OIL COMPANY PAGE 2 13. A spillage retention berm shall be constructed around each tank battery. The volume retained by the spillage berm shall be greater than the volume of the largest tank inside the berm. The surface area within the tank battery berm shall be constructed of at least a 24-inch compacted or in- situ earthen materials or other low permeability materials, so as not to exceed a seepage rate of 1 x 10-7 cm/sec. The operator shall have available suitable evidence that a completed lining meeting these requirements is in place. 14. All chemicals stored on site shall be stored in locked buildings, on an impervious surface, provided manufacturer recommendations for safe storage and handling are in accord. In any event, manufacturer recommendations will take precedence. 15. Any required air emissions permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health. 16. The surfaces around the disposal area shall be constructed of an impervious material and graded to insure that all spilled waste is contained within the unloading pad. 17. The facility shall be entirely fenced and maintain locking gates during periods when the facility is closed. 18. Any analysis of waste shall be forwarded to the Weld County Health Department, Environmental Protection Division. The Division reserves the right to require additional, more extensive monitoring at a later date. 19. The sludge pit shall be lined. The pit shall be constructed of fiberglass or alternative materials, provided that they are at least as durable and impervious as fiberglass. 20. The drainage pits located at each disposal pad shall be constructed of materials as required for the sludge pit. 21. The facility shall maintain compliance with the proposed Treatment and Disposal Methods for the Waste Materials Associated of Oil and Gas Exploration and Production Regulations. 22. This facility shall comply with the laws, standards, rules and regulations of the Air Quality Control Commission, the Water Quality Control Commission, the Hazardous Materials and Solid Waste Division, the Colorado Oil and Gas Commission, and any other applicable agency. 23. The facility shall accept waste from dawn to 10:00 p.m. only. 24. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 930142 DEVELOPMENT STANDARDS - CONQUEST OIL COMPANY PAGE 3 25. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 26. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 27. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. 28. The Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 29. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 930142 U SC' -1Fcc1C RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR AN OIL AND GAS SUPPORT FACILITY (BRINEWATER DISPOSAL) IN THE A (AGRICULTURAL) ZONE DISTRICT - CONQUEST OIL COMPANY WHEREAS, the Board of County Commissioners of Weld County. Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 14th day of July, 1993, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Conquest Oil Company, 3400 West 16th Street, Suite 6L, Greeley, Colorado 80631, for a Site Specific Development Plan and Amended Special Review Permit for an oil and gas support facility (brinewater disposal) in the A (Agricultural) Zone District on the following described real estate, to-wit: Part of the SE} SE; of Section 8, Township 4 North, Range 64 West of the 6th P.M., Weld County. Colorado WHEREAS, said applicant was represented by Dale Butcher, Vice President of Conquest Oil Company, and WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards for review of said Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24.4.2 of the Weld County Zoning Ordinance as follows: a. The proposal is consistent with the Weld County Comprehensive Plan Agricultural Policies. The amended proposal will not remove prime agricultural land from production. b. The amended proposal is consistent with the intent of the Agricultural Zone District and is provided for as a Use by Special Review. PL0897 930603 PLC 5.)97 C'c', ), T . - . . SPECIAL REVIEW PERMIT - CONQUEST OIL COMPANY PAGE 2 c. The amended use which would be permitted will be compatible with the existing surrounding land uses which include agricultural production, and other oil and gas facilities. The uses which would be permitted will be compatible with the future development of the surrounding area as permitted by the existing zoning. d. No overlay districts affect the site. e. Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Site Specific Development Plan and Amended Special Review Permit for an oil and gas support facility (brinewater disposal) in the A (Agricultural) Zone District on the hereinabove described parcel of land he, and hereby is, granted subject to the following conditions; 1. The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Special Review activity shall not occur on site until the following is provided: a. A detailed diagram of the injection well which has been approved and permitted by the Oil and Gas Conservation Commission shall be submitted to the Weld County Environmental Protection Services Division for review and documentation. b. Evidence that the requirement of the U.S. Army Corps of Engineers have been met pursuant to Section 404 of the Clean Water Act. 4. Prior to any injection of waste into the well, a copy of the drilling log must be submitted to the Weld County Environmental Protection Services Division. 5. Prior to pressure testing at the facility, the Weld County Environmental Protection Services Division shall be informed of the specific dates in order to observe the process. 930603 SPECIAL REVIEW PERMIT - CONQUEST OIL COMPANY PAGE 3 6. Prior to expansion of the Special Use activity, the facility shall provide a written document from the Colorado Oil and Gas Commission verifying that the facility and well are adequately constructed to handle the proposed waste volumes. 7. Within 30 days of approval by the Board of County Commissioners, a road maintenance and improvements agreement shall be approved by the Board of County Commissioners. The agreement shall address the paving of Weld County Road 46 to Weld County Road 53 and shall designate a restricted haul route on Weld County Road 46 to Weld County Road 53. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 14th day of July, A.D., 1993. junqp� BOARD OF COUNTY COMMISSIONERS ATTEST: near WELD COUNTY, COLORADO Weld County Clerk•to the Board EXCUSED DATE OF SIGNING (AYE) '���'+ � �� Constance L.Harbert, Chairman /J BY: % Lt orytt �&v yAa/'/�pj-/'�C l IL aing:i4� Deputy cLerk to the Board W. HH.. Wgbster, Pro- APPROVED S TO FORM: C eorge F6l Baxter (� ounty Attorney 1--"----PaZe K. Hall / // 'barbara J. Kirkmey r JJJ 930603 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS CONQUEST OIL COMPANY AMENDED USR #996 1. The Site Specific Development Plan and Amended Special Review Permit is for an oil and gas support facility (brinewater disposal) in the A (Agricultural) Zone District as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. The facility shall be permitted to accept a maximum of 5,000 barrels of brine water per day. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. A manager. knowledgeable in operating an injection well, shall be on site when the facility is receiving waste. 4. A safe and adequate sewage disposal system shall be available on the facility premises. A vault system shall be acceptable. 5. A safe and adequate fresh water supply shall be available on the facility premises. 6. A 3-foot by 4-foot sign shall be posted at the entrance gate listing wastes accepted, hours of operation, and twenty-four hour emergency telephone numbers. 7. The name of the facility at which the filters will be disposed and copies of any required analysis shall be provided to the Weld County Environmental Protection Services Division. B. No disposal of waste other than Class II, as defined by the Environmental Protection Agency is permitted. Any change from the approved Class II use would require an amendment to this Special Review Permit. 9. The maximum permissible noise level shall not exceed the industrial limit of EO dB(A), as measured according to Section 25-12-102, CRS. 10. Fugitive dust shall be controlled on the site. 11. The haul route shall be Weld County Road 46 east to Weld County Road 53. No hauling shall be allowed on Weld County Road 46 west of the site to Weld County Road 49. 12. The facility/operation shall comply with the approved road maintenance and improvements agreement. 930603 DEVELOPMENT STANDARDS - CONQUEST OIL COMPANY PAGE 2 13. A spillage retention berm shall be constructed around each tank battery. The volume retained by the spillage berm shall be greater than the volume of the largest tank inside the berm. The surface area within the tank battery berm shall be constructed of at least 24-inch, compacted or in- situ earthen materials or other low-permeability materials, so as not to exceed a seepage rate of 1 x 10-7 cm/sec. The operator shall have available suitable evidence that a completed lining meeting these requirements is in place. 14. All chemicals stored on site shall he stored in locked buildings, on an impervious surface, provided manufacturer recommendations for safe storage and handling are in accord. In any event, manufacturer recommendations will take precedence. 15. Any required air emissions permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health. 16. The surfaces around the disposal area shall be constructed of an impervious material and graded to insure that all spilled waste is contained within the unloading pad. 17. The facility shall be entirely fenced and shall maintain locking gates during periods when the facility is closed. 18. Any analysis of waste shall be forwarded to the Weld County Health Department, Environmental Protection Division. The Division reserves the right to require additional, more extensive monitoring at a later date. 19. The sludge pit shall be lined. The pit shall be constructed of fiberglass or alternative materials, provided that they are at least as durable and impervious as fiberglass. 20. The drainage pits located at each disposal pad shall be constructed of materials as required for the sludge pit. 21. The facility shall maintain compliance with the proposed Treatment and Disposal Methods for the Waste Materials Associated of Oil and Gas Exploration and Production Regulations. 22. This facility shall comply with the laws, standards, rules and regulations of the Air Quality Control Commission, the Water Quality Control Commission, the Hazardous Materials and Solid Waste Division, the Colorado Oil and Gas Commission, and any other applicable agency. 23. The facility shall accept waste from dawn to 10:00 p.m. 24. The submitted drawing depicts the additional five (5) storage tanks within the existing bermed area. The installation of these five (5) storage tanks shall be in such a manner so that the existing liner is not compromised. 930603 DEVELOPMENT STANDARDS - CONQUEST OIL COMPANY PAGE 3 25. Upon cessation of injection activities, a detailed closure plan shall be submitted to Environmental Protection Services for review and approval. This shall include the manner in which the well will be plugged and abandoned, as well as specific details regarding reclamation of the property. 26. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 27. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 28. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 29. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. 3D. The Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 31. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards before additional barrels of brine water are accepted. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 930603 Q5l 4/7 33 RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A BRINE WATER DISPOSAL FACILITY IN THE A (AGRICULTURAL) ZONE DISTRICT - CONQUEST OIL COMPANY WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 12th day of January, 1994, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Conquest Oil Company, 1610 29th Avenue Place, Suite 200, Greeley, Colorado 8D631, for a Site Specific Development Plan and Special Review Permit for a brine water disposal facility in the A (Agricultural) Zone District on the following described real estate, to- wit: Part of the SEk SE; of Section 28, Township 1 North, Range 67 West of the 6th P.M., Weld County, Colorado WHEREAS, said applicant was represented by Dale Butcher. Vice President of Conquest Oil Company, and WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards for review of said Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24.4.2 of the Weld County Zoning Ordinance as follows: a. The proposal is consistent with the Weld County Comprehensive Plan Agricultural Policies. The proposal will not remove prime agricultural land from production. b. The proposal is consistent with the intent of the Agricultural Zone District and is provided for as a Use by Special Review. c. The use which would be permitted will be compatible with the existing surrounding land uses which include agricultural production, oil and gas facilities, and rural residences. The uses which would be permitted will be compatible with the future development of the surrounding area as permitted by the existing zoning. 940076 PL0940 PLc </o AL; SPECIAL REVIEW PERMIT - CONQUEST OIL COMPANY PAGE 2 d. No overlay districts affect the site. e. Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Conquest Oil Company for a Site Specific Development Plan and Special Review Permit for a brine water disposal facility in the A (Agricultural) Zone District on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1. The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Prior to recording the plat: a. A road improvements agreement shall be approved by the Board of County Commissioners. The agreement shall address the future maintenance of Weld County Road 19 from the south access of the facility to Weld County Road 6 and shall designate a restricted haul route on Weld County Road 19 to Weld County Road 6. b. The plat shall be amended to indicate no new entrances to the site shall be constructed or utilized. c. The applicant shall submit a recorded exemption to create the parcel on which the Special Review Permit is proposed, or the applicant shall submit an agreement which does not create a separate interest in the land. d. The applicant shall determine the final alignment and size of the tank farm. The total volume contained within the tank farm itself shall not be increased. 4. Prior to the release of building permits, the applicant shall submit to the Department of Planning Services a complete fire plan approved by the Brighton Fire Protection District. 940076 SPECIAL REVIEW PERMIT - CONQUEST OIL COMPANY PAGE 3 5. Prior to pressure testing at the facility, the Weld County Environmental Protection Services Division shall be informed of the specific dates in order to observe the process. 6. Five working days prior to commencing operations the applicant shall deliver written notice of intent to commence operations to the Department of Planning Services. a. The applicant shall provide a written document to the Weld County Health Department from the Colorado Oil and Gas Commission verifying that the facility and well are adequately designed to handle the proposed waste volumes. b. A detailed diagram of the injection well which has been approved and permitted by the Oil and Gas Commission shall be submitted to the Weld County Environmental Protection Services Division for review and documentation. c. A copy of the drilling log shall be submitted to the Weld County Environmental Protection Services Division. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of January, A.D., 1994. A / I I/! , BOARD OF COUNTY COMMISSIONERS P -% WELD COUNTY, OLORADO ATTEST' Iw".�/ /V 2,(- %7? 1 Weld County Clerk to the Board / ("l, 1k, 1))44,,,p7 > W. H. Webster, hai an 4 BY: ill.f J Depute o the Bo Dale K. Hall, ro- em APPROVED AS TO FORM: EXCUSED DATE OF SIGNING (AYE) Gee E. Baxter Y/ ounty Attorney Con tance L. RJarbert / l;arbara J. Kirkmeyer� ✓ 940076 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS CONQUEST OIL COMPANY USA 111033 1. The Site Specific Development Plan and Special Review Permit is for a brine water disposal facility (one Class II water injection well) in the A (Agricultural) Zone District as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. The facility shall be permitted to accept a maximum of 5,000 barrels of brine water per day. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. The facility shall receive no more than 60 truck deliveries of brine water per day. 4. The facility may only accept waste from dawn to 10:00 p.m., seven days a week. 5. The facility shall be constructed and operated to insure that contamination of soil and groundwater does not occur. 6. A manager, knowledgeable in operating an injection well, shall be on site when the facility is receiving waste. 7. The existing Individual Sewage Disposal System shall he evaluated for adequacy and approved by a registered professional engineer prior to use. 8. A safe and adequate fresh water supply shall be available on the facility premises. 9. A two-foot by three-foot sign shall be posted at the entrance gate listing wastes accepted, hours of operation, and twenty-four hour emergency telephone numbers. 10. The name of the facility at which the filters will be disposed and copies of any required analysis shall be provided to the Weld County Environmental Protection Services Division. 11. No disposal of waste other than Class II, as defined by the Environmental Protection Agency, is permitted. Any change from the approved Class II use would require an amendment to this Special Review Permit. 12. The maximum permissible noise level shall not exceed the industrial limit of 80 ds(A), as measured according to Section 25-12-102. CRS. 940076 DEVELOPMENT STANDARDS - CONQUEST OIL COMPANY PAGE 2 13. Fugitive dust shall be controlled on the site. 14. Ingress and egress to the facility shall be from Weld County Road 19 north to Weld County Road 6. Trucks shall not access the facility from the south. 15. The facility/operation shall comply with the approved road improvements and maintenance agreement. 16. A synthetic-lined spillage retention berm shall be constructed around each tank battery. The liner shall be installed according to the manufacturer specifications and instructions as approved by the Weld County Health Department. The volume retained by the spillage berm shall be greater than the volume of the largest tank inside the berm. The berm shall be designed by a registered professional engineer. The operator shall provide evidence from the engineer to Weld County Health and Planning Departments that the berm has been constructed to the design specifications. 17. All chemicals stored on site shall be stored in locked buildings, or on an impervious surface, provided manufacturer recommendations for safe storage and handling are in accord. In any event, manufacturer recommendations will take precedence. 18. Any required air emissions permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health. 19. The surfaces around the disposal area shall be constructed of an impervious material and graded to insure that all spilled waste is contained within the unloading pad. 20. The sump pit shall be lined and constructed with enough capacity to assure that all overflow/spilled waste is contained. The pit shall be constructed of fiberglass or alternative materials, provided that they are at least as durable and impervious as fiberglass. 21. The facility shall be entirely fenced and shall maintain locking gates during periods when the facility is closed. 22. Any analysis of waste shall be forwarded to the Weld County Health Department. Environmental Protection Division. The Division reserves the right to require additional, more extensive monitoring at a later date. 23. The facility shall maintain compliance with the proposed Treatment and Disposal Methods for the Waste Materials Associated of Oil and Gas Exploration and Production Regulations. 24. The facility shall maintain compliance with all applicable rules and regulations as promulgated by the Oil and Gas Conservation Act. 940016 DEVELOPMENT STANDARDS - CONQUEST OIL COMPANY PAGE 3 25. This facility shall comply with the laws, standards, rules and regulations of the Air Quality Control Commission, the Water Quality Control Commission, the Hazardous Materials and Solid Waste Division, the Colorado Oil and Gas Commission, and all applicable Weld County zoning laws and ordinances. 26. Upon cessation of injection activities, a detailed closure plan shall be submitted to Environmental Protection Services for review and approval. This shall include the manner in which the well will be plugged and abandoned, as well as specific details regarding reclamation of the property. 27. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 28. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 29. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 30. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. 31. The Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 32. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 33. Existing accesses on the Vessels Oil and Gas Special Review site shall provide ingress and egress to the Conquest facility. No new access shall be allowed cn the property. 940076 JULIE Chester- 080301 insp.wpd Page 1 s I Ci COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 N 17TH AVE GREELEY, CO 80631 WEBSITE: www.co.weld.co.us ADMINISTRATION (970) 304-6410 FAX (970) 304-6412 PUBLIC HEALTH EDUCATION AND NURSING (970) 304-6420 FAX (970) 304-6416 ENVIRONMENTAL HEALTH SERVICES (970) 304-6415 FAX (970)304-6411 August 3, 2001 Mike Cervi Enviro-Cycle, LLC P.O. Box 117 LaSalle, CO 80645 Subject: Enviro-Cycle, LLC -Third Quarter Inspection, 2001 Dear Mr. Cervi: On August 1, 2001, Phil Brewer of Weld County Department of Public Health and Environment, Air Quality Control and I conducted a routine inspection of Envirocycle. Bethany Salzman, Zoning Compliance Officer for Weld County Planning accompanied us on the inspection. The facility is located at 19094 WCR 40. We were accompanied by James Bernal, consultant for Envirocycle. The purpose of the inspection was to inspect and assess the facility's compliance with the Development Standards set forth in USR-1198. On this day it was observed that the site was in substantial compliance with USR-1198. However, two items were observed that require action on your part. These items are as follows: 1. A drum containing D-576 Demulsifier, located outside of the containment area is labeled as a flammable liquid to be stored in a cool dry place, avoid heat to prevent swelling of the drum and potential leak or explosion. It appears that this chemical is not being JULIE Chester- 080301 insp.wpd Page 2 Mike Cervi August 3, 2001 Page 2 stored in accordance with the manufacturers recommendations. In accordance with Development Standard #11, please provide evidence that this material is being stored according to the manufacturer recommendations. Additionally, Bethany Salzman notified you that the Department of Planning Services had not yet received a letter stating what changes (in detail) had been made to the facility. This letter should include all equipment changes that have occurred and any proposed future changes (a map as well showing the location of the changes). Please be advised that a letter shall be Department of Planning Services. Should you have any questions regarding this inspection, please contact me at (970) 304-6415, extension 2220. Sincerely, Cindi Etcheverry Environmental Specialist Environmental Health Services O:\ETGMWASTE\Enmrocycle\080301 insp wpd Health Services (email) Trevor Jiricek, Director, Environmental ( ) Julie A. Chester, Lead Planner, Department of Planning Services (email) Bethany Salzman, Zoning Compliance Officer(email) Board of County Commissioners Lee Morrison, County Attorney's Office (email) Randall Ferguson, Colorado Oil & Gas Conservation Commission Wag9° t Manning Dept. Ms. Cindi Etcheverry =- _' (f,j i Environmental Specialist Encironmental Health Services R E C E I V E D Weld Co Dept of Public Health & Environment 1555 N. 17th Ave. Greeley, CO 80631 Re: O K Farms Compost Facility Weld County Dear Cindi: In response to your letter of July 6, 2001 , our intention is to close our composting facility and restore the site to the farming operation. As of July 3, 2001 , all materials were removed from the site. We have restored and replanted the western 1/3 of the facility. In the next 60 to 90 days we will use a ripper tocpen the packed ground for reseeding next spring. We would like to request that we can leave the retention ponds for wildlife use. As for the annual report, we did not feel it was necessary, as the site was being closed and there were no materials take into the site in 2000 or 2001 . Materials were removed at a rate of 35 to 100 cubic yards per day. If you need any other information, i can be reached at 303-452-1649. Yo s truly, le Oran nning O. K. Farms Compost 12630 Holly St Brighton, CO 80602 Copies to: Trevor Jiricek, Director, Weld Co Environmental Health Services Doug Ikenberry, CO Dept of Public Health & Environment Julie Chester, Weld Co Dept of Planning Svcs • MELVIN DINITNER, F.C. ATTORNEY AND COUNSELOR AT LAW 840 HAND(;;NE PLAZA `1 GREELE4 ISO 80031 • � � i \ ` , (070) d9-2081 \ PAN(0']O) 382-01'l2 � \ May30, 2001 �� %, Weld County Dept. of Planning Services I/ 1555 North 1 Th Avenue fi ���lll / 431 Greeley, CO 80631 �U S Attention: Julie Chester, Planner Re: Envirocycle, LLC USR#1198 �� Request for Minor Non-Substantial Amendment to USR#1198 by Administrative Decision by the Weld County Dept. of Planning Services Dear Ms. Chester: As indicated to you during the course of our scheduled conference on Wednesday, May 30, 2001, I represent Envirocycle, LLC, the owner of an oil gas support and service facility, namely, a brine water disposal facility, located on the folio pg described property located in Weld County, Colorado: Lot B of Recorded Exemption Nil 055-31-2-RE2367 recorded May 7, 1999 under Reception No 2692540, being a part of the N '/2 NW '/4 of Section 32, Township 4 North, Range 65 West of the 6th P.M., Weld County, Colorado The brine water disposal site is located at 19094 \eld County Road 40, La Salle, CO 80645. The general manager who operates the facility on behalf of Envirocycle, LLC is Randy Burnell. The manager of Envirocycle, LLC is Mike Cervi, with office address of P. O. Box 169, Sterling, CO 80751. On May 19, 1999,the Board of County Commissioners of Weld County, Colorado, by virtue of Resolution duly made, seconded and adopted, approved a Site Specific Development Plan and Special Review Permit #1198 for an oil and gas support and service facility, namely, a brine water disposal site in an A-Agricultural Zone district on behalf of Envirocycle, LLC. The Development Standards applicable to this Site Specific Development Plan and Special Review Permit provided at Item 6 the following: "6. A four-foot square sign, not to exceed 16 square feet, May 30, 2001 Page 2 shall be posted at the entrance gate listing wastes accepted, hours of operation, 7:00 A.M. to 7:00 P.M. and twenty-four hour emergency telephone number." The 4-foot square sign has been posted at the entrance gate listing the wastes accepted and the hours of operation from 7:00 A.M. to 7:00 P.M. I am herewith requesting on behalf of Envirocycle, LLC an amendment to the USR#1198 by way of Administrative Decision of a minor non-substantial change to the hours of operation at the brine water disposal site. As indicated above,the Development Standards provided for hours of operation of 7:00 o'clock A.M. tc 7:00 o'clock P.M. I am herewith requesting by way of Administrative Decision a change of the hours of operation to be 7:00 o'clock A.M. to 10:00 o'clock P.M. The purpose of the requested administrative change by way of amendment to the Development Standards is to provide and place Envirocycle on an equal basis and competitive arrangement with the two other brine water disposal sites now operating in Weld County operated by Conquest Oil Company. The Amended USR #996 heretofore granted to Conquest Oil Company under Development Standard No. 23 provides as follows: "23. The facility shall accept was4 from dawn to 10:00 o'clock P.M." USR#1023 under Development Standard No. 4 recites the following: "4. The facility may only accept waste from dawn to 10:00 o'clock P.M. seven days a week." In view of the increased oil and gas activity which is now taking place in Weld County, Colorado, it is essential that the hours of operation of Envirocycle, LLC be placed on an equal footing with the 10:00 o'clock P.M. time sequence heretofore granted to Conquest Oil Company, a competitor in the brine water disposal business. It is extremely important, economically and realistically, to provide the same service and capability to the trucking firms bringing brine water for disposal purposes to be able to utilize a 10:00 o'clock P.M. closing hour, especially in view of the increased oil and gas activity which is now occurring in the Weld County area. The granting of an Administrative Decision by the Weld County Department of Planning Services authorizing 3 additional hours of operation will place Envirocycle, LLC on the same and identical footing heretofore granted to Conquest Oil Company at their two disposal sites. The request for the modification and change of the Development Standard increasing the hours of operation to 10:00 o'clock P.M. will greatly 1 May 30, 2001 Page 3 assist those customers of Envirocycle, LLC by providing them with additional hours needed to perform their services in the transporting and disposal of the brine water at the Envirocycle site. The granting of this request for the change of hours of operation appears to clearly be a minor non- substantial change of the Use by Special Review Permit #1198 and merely grants to Envirocycle, LLC a closing hour of operations identical to other brine waste water disposal operators in the area. Should you desire any additional information or documentation in connection with this matter, I suggest that you contact me at your earliest convenience. I look forward to receiving from you your Administrative Decision concerning the request submitted by me on behalf of Envirocycle, LLC. Thanking you in advance for your kind and courteous consideration of this matter, I remain Very truly yours, MELVIN DINNER MD/as Cc: Envirocycle, LLC Hello