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HomeMy WebLinkAbout20010801 T p,1TY Kelly and Dana Boyle 21655 Orleans Circle Commerce City,CO 80022 - '. -3 PI 2' 20 303-654-1646 Weld County Planflin t° D March 13,2001 0Gl ;APP 15 5 2 Weld County Planning Department E C E �// E 1555 North 17th Ave. Greeley,CO 80631 Attn: Sheri Lockman Dear Sheri Lockman: Here are the conditional items that we need to submit for our Special Review Permit USR 1317. I have attached copies of all letters and information we have requested and received back at this time. The Landscaping Plan is included for your review. We have submitted all of Char Davis requests per her memo dated February 13,2001. I have also sent a letter to Valois Shea at the EPA to confirm that we are not subject to the UIC Underground Injection Well permit and I have also sent a copy of our parking plan to Don Carroll at Public Works for his approval. incerely, Eq.), Dana Boyle ?co/- 080/ EXHIBIT E US2#1317 LANDSCAPING PLAN KELLY and DANA BOYLE USR 1317 The landscaping plan for the screening of the property from land owners to the west and north are buildings rather than trees or scrubs. The land owner from the north will see the front of our home and the shop will be masked by the home and the slight hill that the home sits on. The land owner to the west will see our loafing sheds and part of the shop but the commercial trailers will be placed on the opposite side of the shop. See attached layout of the property and buildings. The landscaping around the home will be as diagrammed on the attached layout of the property and buildings. Most of the acreage will remain in natural grass or planted pasture grass,keeping it in a natural state. The trees and shrubs will be maintained at this minimum level in order to keep our buffering from neighboring homes. Sizes will vary with the different species and also the salt content that may be present in our well water. The Larimie- Fox Hill Aquifer contains, in some cases,large amounts of sodium which is not healthy for trees or lawn grass. The home landscaping will not be complete for the first 2-5 years because the house is not built yet and we will need time to get the lawn and trees established. Many trees die within the first 2 years and may need to be replanted. n Kelly and Dana Boyle 21655 Orleans Circle Commerce City,CO 80022 303-654-1646 March 13,2001 Environmental Health Services 1555 North 17th Ave. Greeley,CO 80631 Attn:Char Davis Dear Char Davis: Here are the items you requested for our Special Review Permit number USR 1317. Please let us know if you have any questions or need anything further. Attachments I. Your memo dated February 13,2001 with the list of the requirements. 2. Our septic permit. 3. Letter I mailed to the EPA addressing the Class 5 UIC permit. I spoke with them on the phone and they informed me that after April 1,2000 they are no longer issuing these permits to new construction. 4. Waste Handling Plan and information. 5. Well permit for domestic well. 6. Letter from David Nettles at water divn. stating that we do not need a commercial permit. Sincerely, Dana Boyle r Kelly and Dana Boyle 21655 Orleans Circle Commerce City,CO 80022 303-654-1646 March 13,2001 Attn.VALOIS SHEA USA EPA REGENT 99939 18th St. Suite 300 Denver,CO 80202 Mail code 8P-W-GW Dear Valois Shea: My name is Dana Boyle,my husband and I are building a home in Weld County. We have also applied for a special review permit to have our business located on the same property. The business consists of 4 tractor trailers that we use to haul heavy equipment. Both the home and the business shop are new construction. Weld County has required us to apply for an UIC Underground Injection Class 5 Well Permit or provide a letter from the EPA stating that we do not need one for our operation. I have attached a copy of the Environmental Health Services Requirements and this is the reason for this letter. I spoke with Douglas Minter on Thursday March 8,2001 and he said to write to you and request a written confirmation that we would not be under the control of the UIC Class 5 Permit. Please give me a call if you have any questions. Thanks for your assistance. Sincerely, Dana Boyle r WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 NORTH 17TH AVENUE GREELEY, COLORADO 80631 PHONE (970) 304-6415 FAX (970) 304-6411 Permit #: SP-0100102 Sec/Twn/Rng: 16 02 66 PERMIT Owner: BOYLE KELLY & DANA Applied: 03/06/2001 Applicant: BOYLE KELLY & DANA Expires: 03/01/2002 Permit Type: RNEW C=Commercial,R=Residential + NEW,REPair,VauLT Parcel #: 1309-16-0-00-027 Location: 9843 CR 31 FT LUPTON 16-02-66 Legal Desc: 16121 E2E2 16 2 66 E XC E225' (2R) Description: HOUSE Commercial: N Residential:Y Acres: 66 #of Persons: 5 Basement Plumbing: Y #of Bedrooms: 4 Bathrooms - Full: 2 3/4: 0 1/2: 1 Water Public: N Water Source: Water Private: N Cistern: N Well: Y Well Permit Number: 231049 Percolation Rate -13. Limiting Zone>ft — in Description % Ground Slope . 3 Direction Stir Soil Suitable (Y/N) y Engineer Design Required (Y/N) In 100 Year Flood Plain (YIN) In the application information supplied and the on-site soil percolation data the following minimum installation specifications are required: Chambers Septic Tank gallons, Absorption Trench JPI"7-?-S square feet or Absorption Bed 7 1 I square feet 7-5 In addition, this permit is subject to the following additional terms and conditions: i ,Z`�.'17. r�-\!�-. �-1�L'7�t"�$'ry y4;fa�r:� ]���lC�titS 4771,., NOTICE This permit is granted temporarily to allow construction to commence. This permit may be revoked or suspended by the Weld County Department of Public Health and Environment for reasons set forth in the Weld County Individual Sewage Disposal System Regulations including failure to meet any term or condition imposed thereon during temporary or final approval. The issuance of this permit does not constitute assumption by the department or its employees of liability for the failure or inadequacy of the sewage disposal system. This permit is not trancferablc. Before issuing final approval of this permit the Weld County Department of Public Health and Environment reserves the right to impose additional terms and conditions required to meet our regulations on a continuing basis. Final permit approval is contingent upon the final inspection of the completed system by the Weld County Department of Public Health and Environment. This permit expires one year from the annliration date, s_PERMT En ronm ntal Health Specialist Date WASTE HANDLING PLAN KELLY and DANA BOYLE USR 1317 The lists of wastes and chemicals listed below are for the two tractor trailers that we have at this time. If we go to four tractor trailers all of these numbers will double. 1. List of wastes and their volumes that we expect to be produced per year. A. Motor Oil-225 gallons per year B. Anti-Freeze -30 gallons per year All oil and anti-freeze is caught and placed in 55 gallon drums to be collected by recycling company. 2. List of chemicals expected to be stored on site and their volumes. A. Motor Oil- 110 gallons B. Anti-Freeze - 12 gallons C. Transmission Oil-5 gallons D. Rear End Oil-5 gallons E. Gear Lube -5 gallons F. Solvent -20 gallons G. Spray Paint-2 case FL Grease Tubes-5 cases I. WD 40 lubricant-2 cases 3. The waste handling facility is Thermo Fluids located at 4845 Forest St.,Denver,CO. 80216 and their es- phone number is 303-393-1118. Form No. OFFICE OF THE STATE ENGINEER GWS-25 COLORADO DIVISION OF WATER RESOURCES 818 Centennai Bldg., +313 Sherman St.. Denver, Colorado 80203 (303)866-3581 LIC r WELL PERMIT NUMBER 231049 l APPLICANT DIV. 1 WD 2 DES. BASIN MD J APPROVED WELL LOCATION WELD COUNTY NE 1/4 NE 1/4 Section 16 KELLY & DANA BOYLE Township 2 N Range 66 W Sixth P.M. 21655 ORLEANS CIR DISTANCES FROM SECTION LINES COMMERCE CITY, CO 80022- 600 Ft. from North Section Line 600 Ft. from East Section Line (303)654-1646 UTM COORDINATES PERMIT TO CONSTRUCT A WELL Northing: Easting: l ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used In such a way as to cause no material injury to existing water rights. The issuance of this permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a varance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. ,13) Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a tract of land of 65.797 acres described as lying in the east 1/2 of the NE 114 of Section 16, Township 2 North, Range 66 West of the 6th Principal Meridian, Weld County, be;ng more particularly described in the attached Exhibit A. 4l The use of ground water from this well is limited to fire protection, ordinary household purposes inside not more than three (3) single family dwellings, the watering of poultry,domestic animals and livestock on a farm or ranch and the irrigation of not more than one (1) acre of home gardens and lawns. 5) Production from this well is restricted to the Laramie-Fox Hills aquifer, which corresponds to the interval between 460 feet and 710 feet below the grourd surface. Plain casing shall be installed and grouted to prevent production from other zones. 6) The depth to the top of the Laramie-Fox Hills aquifer is approximate. To ensure the exclusion of poor quality water from zones immediately above the aquifer, plain casing and grout shall extend through the lowermost coal and/or carbonaceous shale that overlies the Laramie sand portion of the aquifer. 7) The maximum pumping rate of this well shall not exceed 15 GPM. 8) The return flow from the use of this well must be through an individual waste water disposal system of the non-evaporative type where the water is returned to the same stream system in which the well is located. 9) This well shall be constructed not more than 200 feet from the location specified on this permit. NOTE: This permit has been approved with a change to the permit application form from that applied for by the applicant. You are hereby notified that you have the right to appeal the issuance of this permit, by filing a written request with this office within sixty (60)days of the date of issuance, pursuant to the State Administrative Procedures Act. (See Section 24.4-104 through 106, C.R.S.) NOTE: To insure a maximum productive life of this well, perforated casing should be set through the entire producing interval of the approved zone or aquifer indicated above. NOTE: The ability of this well to withdraw its authorized amount of water from this non-renewable aquifer may be less than the 100 years upon which the amount of water in the aquifer is allocated, due to anticipated water level declines lei( .PROVED Li:o47,iaa )State En ineer DATE ISSUED JAN 16 _Opt By XP TION DATE JAN 1 6 STATE OF COLORADO WATER DIVISION ONE r OFFICE OF THE STATE ENGINEERaft Division of Water Resources Department of Natural Resources 810 9t Street,r Floor Greeley,Colorado 80631 Phone(970)352-8712 Fax(970)392.1816 gDili Owens Governor httpilwater.state.co.usidefault.htm Greg E.Wakher Executive Director March 5, 2001 Nal D.Simpson,P.E. State Engineer Richard L.Stenzel Division Engineer Dana Boyle 21655 Orleans Circle Commerce City, CO 80022 Re: Well Permit Number 231049 Dear Ms. Boyle: This letter is in response to your telephone calls of February 21 and 28, 2001. You inquired into the use of the well permit referenced above to serve your home and a bathroom located in a shop/shed on your 66 acre tract of land. The shop/shed will be part of a trucking business that your husband and his brother operate. Weld County was concerned that a commercial well permit was needed to serve the bathroom in the shop/shed. You indicated that the only people using the bathroom would be your family, including your husband's brother, because the trucking business has no other employees. Well permit number 231049 was issued for use in no more than three single-family dwellings, watering of the owners domestic animals and the irrigation of no more than one acre of home lawn and garden. This well is permitted to withdraw water from the Laramie-Fox Hills aquifer. A preliminary analysis of this aquifer at the location of your 66 acres indicates that the Laramie- Fox Hills aquifer is currently considered to be nontributary there. Based upon the above, it appears that the well with permit No. 231049 may be used in your home and in the bathroom in the shop/shed as long as it is used by family members, including your husband's brother. If the business expands to include non-family members, it will be necessary to obtain a new permit for this well allowing it to be used for commercial purposes. This should not be a problem since the Laramie-Fox Hills aquifer is nontributary at this location. Please feel free to contact me if you have other questions or require further information. Sincerely, David L. Nettles, P.E.� Assistant Division Engineer DLN:dln\BoyleLtrA.doc Kelly and Dana Boyle 21655 Orleans Circle Commerce City,CO 80022 303-654-1646 March 14,2001 Public Works Greeley,CO Attn: Don Carroll Dear Don Carroll: Here is the drawing of the parking area for our USR 1317 with the employee parking and the commercial parking indicated on the drawing. Sincerely, Dana Boyle /". #4t MEMORANDUM WilID TO: Sherri Lockman, Planner II DATE: March' 16, 2001 CFROM: Donald Carroll, Engineering Administrator F� • COLORADO SUBJECT: USR-1317, Kelly and Dana Boyle In the development standards, prior to recording the plat: Number Two (2) F-1 was a requirement from the Public Works Department to supply an enlarged detailed drawing of the shop area delineating the employee and tractor trailer parking with the circulation pattern to accommodate all vehicles utilizing the shop area. Weld County Planning Dept. The Boyles have met this requirement. MAP 2? 2001 pc: USR-1317 RECEIVED m:AwpfilesAdon-cAplan7sr.wpd r 2 EXHIBIT jrUSr< #/3/7 MAR-20-01 05 :30 PM P. 01 312010 I3 C)f. V« `.c_XK rr\ t — 9' 70 -30(/—(01/4/5 -FR Yv1 A)'\<:1 )c-.)(. 1k. - t0 YlQ k.- - Co 5 LI - /(e L.o. ( , \ate scc.. rt rrao c\csc up o-Yun'1cl r`e51 ciAncp I pacj_e_ �7 c, c cif , sir acileerv�o.iCt Poyn Rb`Ic. &121 VI LA O 5-€ s /he. 0021/191:53)of e b an/ our /fie t 711/71 rs / 1'lC_'el LAc elfApra 1 I 0 1 a--1-. /0 /IN . II Ohl ter h h T no e.cl Uri -- -.1C-- N I itkU-k-4,5 '1/Onm, —144‘e I'YleCTrtqJ -410- v-<- \A CA no YV1Qin bv\ 6\-- Lkt Q • ia ‘ r , W;\1 fie_ t1Pw cfss r\ be (*cc.j o- d4 vt..}Q ,NJ. o-WarMks cip f\ 0N\ lour 4p. EXHIBIT tASt5t7 N CD a • - _ . t,r FRUIT DWAF) • - SILVER MAPLE �..; ASH • w• r_u. GATE Alfr „Ai. f F PLANTER AREA l • -" PORCH f FLOWERING BUSHES - % DRIVE GATE = - _ ! - HOUSE • . . .. 'si; }._ ' • � / } !' SEPIG FRUIT4OIV'.4F}..41° - ., ,+�� { GRASS + do FENCED •AREA • • 132' >' 144' LAY AREA ! E S * i CL COTTON WOil6S to N GATE ' ASH --Yl - f \ __ ___.--_.___ . __ . CD -+ r 13r-.TTEP MOTION Corporutic.n 9 G'nrpora to Crtyinenrlrxy NCI mgr El GA E LALNL` /+ C' .PE PLAN 1'ho eI a i _ 1CY�7 J jtr. ro • ( r_n_m antE 3.r,.rn i nr= r t P. 03 MAR-20-01 05 :31 PM 4/00 Investigation#: 001-14 Attach To Document#: 2q Agent: Seller LICENSE AGREEMENT This LICENSE AGREEMENT SERVICE CO. OF COLORADO, a Colorado CorporaIs made tion hereinafter called the"Li0 m"Licensor," a and nd Dante lye hereinafter called the"Licensee." Batiks A. The Licensor is the fee owner of certain real property ("the Property'), and desires to protect and preserve the utility facilities located thereon and the future use of said real property which is more particularly described as follows: B. Licensee desires to construct a road, gates and fencing ("licensed facility") in, under, or along portions of the Premises as more particularly shown on Exhibit A, attached hereto and made a part hereof, and desires to obtain Licensors permission therefor. AGREEMENT NOW, THEREFORE, in consideration of the foregoing, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: (1) The Licensor hereby grants to the Licensee, its successors, and permitted assigns, with respect to such title and interest as the Licensor may have in the Property, and upon the terms and conditions hereinafter stated, the permission and right to construct, maintain, operate, repair, inspect, remove, end replace the licensed facility in, on, under, or along the Property. Such construction shall be located as shown on the Licensee's Exhibit(s) attached hereto and made a part hereof by this reference. If the Licensee's construction requires any deviation In any manner from the Exhibit(s), the Licensee shall notify and obtain approval for any changes from the Licensor in advance of any construction. The Licensee shall prepare and submit to the Licensor as-built Exhibits)depicting all deviations from the original Exhibit(s) no later than thirty (30) days after completion of construction. (2) This License Agreement does not convey an Interest in real property. (3) The Licensor Intends to use the Property for all purposes in connection with electric power generation, transmission, or distribution and/or natural gas gathering, storage, transmission, or distribution, and the rights herein granted to the Licensee for the use of the Property are subject to the rights of the Licensor to use the Property for such purposes, which rights the Licensor hereby expressly reserves. (4) The Licensee shall remove at its own expense, the licensed facility from the Property or any part thereof, or relocate the same to a different location on the Property as requested by the Licensor, if the licensed facility should interfere, in the Licensors sole and absolute discretion, with the operation and maintenance of the Licensors facilities as now or hereafter constructed. In the event that the Licensee's use of the Property should, in the reasonable judgment of the Licensor, constitute a hazard to the Licensors facilities or the general public, the Licensor may require immediate removal, relocation, or modification of the Licensee's facilities to eliminate such interference or hazard, and may suspend the Licensee's right to use the Property under this license until such removal, relocation, or modification Is completed. (5) This license la issued subject to any prior licenses, easements, or leases granted by the Licensor for improvements of other parties. The Licensor reserves the right to license others t' 'istall improvements 1 of MAR-20-01 05 :31 PM P. 04 In, on, under, or along the pro authorized. PertY provided that same shall not interfere unreasonably with facilities herein (6) The Licensee shall not do or permit to be done any blasting above, underneath, or near facilities on the Property without first having received prior written permission from the Licensor, Any blasting shall be done in the presence of a representative of the Licensor and in accordance with directions such representative may give for the protection or safety of the facilities located on the Property. he rees that provides(theTLiceni ortwithaplans andit shall not specificatiobegin nss and untilsuch plans anction on the d s c the Licensee firstapproved by the Licensor. The Licensee shall contact the Utility Notification Center of Ciollorrado (1-800-922- 1987) ions have n at least two working days prior to the commencement of construction on the Property to arrange for field locating of utility facilities, Further, if the Licensor has constructed electric transmission facilities on the Property, the Licensee shall contact the Licensor's Electric Transmission Lines department at(303) 273-4655 at least four working days prior to the commencement of construction on the Property, and unless waived by said department, no construction shall be performed unless a representative of the Licensor is present at the time and place of construction. The instructions of such representative relating to the safety of the Licensors facilities will be followed by the Licensee, its agents, and employees. Any damage to facilities on the Property as a result of the above construction shall be paid for or repaired at the expense of the Licensee. These provisions shall also apply to any other work involving construction, maintenance, operation, repair, inspection, removal, replacement, or relocation of the licensed facility on the Property. (8) The Licensee agrees and understands that if the Licensor has constructed natural gas gathering, storage, transmission, distribution, or related facilities on the Property, the Licensee has been fully advised by the Licensor that such natural gas facilities may now transport and may continue to transport natural gas at significant pressures. The Licensee shall advise all of its employees, agents, contractors, and other persons who enter upon the Property, pursuant to the provisions of this license, of the existence and nature of such natural gas facilities and the danger and risk involved. (9) The Licensee has been fully advised by the Licensor that the natural gas facilities of the Licensor, if located on the Property, may be subject to cathodic protection by rectifier and related anode beds. The Licensor shall not be liable for stray current or interfering signals induced In the licensed facility as a result of the operating of the Licensors cathodic protection system. (10) The Licensee agrees and understands that if the Licensor has constructed electric power generation, transmission, distribution, or related facilities on the Property, the Licensee has been fully advised by the Licensor that such electric facilities may now transmit and may continue to transmit electric current at significant voltages, and that the conductors on electric lines may not be insulated. The Licensee shall advise all of its employees, agents, contractors, and other persons who enter upon the Property, pursuant to the provisions of this license, of the existence and nature of such electric facilities and the potential danger and risk involved. (11) (a) (i) As used in this license, the term "Claims" means (1) losses, liabilities, and expenses of any sort, including attorneys' fees; (2) fines and penalties; (3) environmental costs, Including, but not limited to, Investigation, removal, remedial, and restoration costs, and consultant and other fees and expenses;and(4) any and all other costs or expenses. (h) As used In this license, the term "Injury" means (1) death, personal injury, or prothreatened healrty ltth effect; and (4)loss of anytconsequentia or other economic damage$) disease or actual or (b) To the extent permitted by law, the Licensee covenants and agrees to at all times protect, indemnify, hold harmless, and defend the Licensor, its directors, officers, agents, employees, successors, assigns, parents, subsidiaries, and affiliates from and against any and all Claims arising from, alleged to arise from, or related to any Injury allegedly or actually occurring, imposed as a result of, arising from, or related to (1) this license: 2 ( ) the construction, existence, 2 of 5 MAR-20-01 05 :32 PM P. 05 maintenance, operation, repair, inspection, removal, replacement, or relocation of the electric generation, transmission, or distribution; natural gas gathering, storage, transmission, or distri powe bution; or any other utility facilities located on the Property; or (3) the Licensee's or any other person's presence at the Property as a result of or related to this license. (c) The Licensee's duty to protect, indemnify, hold harmless, and defend hereunder shall apply to any and all Claims and Injury, including, but not limited to:asserted by of the Licensee lorsIts contractors, subcontractors,n or tor,their employees�t limited to, employees (ii) Claims arising from, or alleged to be arising in any way from, the existence at or near the Property of (1) electric power generation, transmission, distribution, or related ic fields;tranIsmission,, distribution, or related2) electricity or facilities; (4) asbestos ortasbeural stos cas ontaining materials, (5) any Hazardous Materials, regardless of origin; or Claims omissionsiof the Licensee,®sfrom, or sublicensees iinnvitee to s, agents,e or e in mployees. from, the acts or (d) By agreeing to indemnification hereunder, the Licensee does not waive any provisions of the Colorado Governmental Immunity Act. (12) The Licensor shall use care not to damage the licensed facility in the construction, maintenance, operation, repair, inspection, removal, replacement, or relocation of its facilities located on the Property, and shall give reasonable notice to the Licensee of any of its activities In the immediate vicinity of the licensed facility. /s (13) The Licensee shall construct the licensed facility so as to maintain the maximum distance between the licensed facility and the Licensors electric and/or natural gas facilities, or other facilities located on the Property, allowable by the width and terrain of the Property. If the licensed facility crossed over or under the Licensors electric and/or natural gas facilities, the crossing shall be as directed by the Licensor. Notwithstanding the foregoing, minimum vertical and horizontal separations, as directed by the Licensor, shall be maintained on all crossings and parallel encroachments. (14) After initial construction of the licensed facility and thereafter, in the event of resettling, the Licensee shall restore the surface of the Property by grading and compacting any irregularities. reseeding, and/or revegetation as required to restore original conditions. (15) The Licensee shall reimburse the Licensor for all costs involved for replacing and resetting any section corners, quarter corners, ownership monuments, right-of-way markers, and reference points disturbed or destroyed during the construction, maintenance, operation, repair, inspection, removal, replacement, or relocation of said facilities, (16) A copy of this license shall be on the Property at all times during construction of the licensed facility. (17) Upon the abandonment of the use of the Property by the Licensee, the license herein granted shall terminate. Upon termination, the Licensee shall remove the licensed facility from the Property, and shall restore the Property to the Property's condition prior to this license taking effect. Removal of the licensed facility shall be performed under the same terms and conditions as the construction of the licensed facility. If the Licensee should fail to remove the licensed facility and restore the Property, the Licensor may remove the same and restore the Property at the expense of the Licensee. 3of5 MAR-20-01 05 :32 PM P. 06 • • (18) The Licensee further agrees to provide, keep in full force and effect, and require of its contractors or subcontractors, Workers' Compensation insurance pursuant to the laws of Colorado on all employees entering upon the Property. (19) This license is not transferable or assignable without the express written permission of the Licensor. The Licensee mayneed in addle shall I bears the sole iobligation ed intt s license obtaining se fo the construction such other t of the or rights as the facility and use of the Property. (21) Except with the express written permission of the Licensor, the Licensee shall not bring onto the Property, or permit to be brought onto the Property, any hazardous or toxic substance or material (including petroleum) regulated by the State of Colorado, the United States government, or any other government authority with applicable jurisdiction ("Hazardous Materials"). In the event the Licensee brings Hazardous Materials onto the Property(with or without permission of the Licensor), the Licensee shall comply with all applicable laws, ordinances, and regulations of federal, state, and local governmental agencies related to such Hazardous Materials. The Licensee shall remove such Hazardous Materials from the Property Immediately upon request of the Licensor. The Licensee shall bear all costs related to environmental Investigation, cleanup, removal, or restoration of any water, air, groundwater, natural resources, soil, or land, Including, but not limited to, the Property, incurred as a result of the presence of such Hazardous Materials on the Property, or arising out of the acts or omissions of the Licensee, its agents, sublessees, Invitees, or employees. (22) This license may be executed in two original counterparts, each of which shall be deemed an original of this instrument. (23) Additional Provisions: 1) The access to PSCo's property must be accessible at all times. 2) Gates that are placed on PSCo's property must be locked with PSCo's padlock. 3) PSCo is not responsible for horses or other farm animals that are pastured on PSCo's property. 4)Any steel or metal gates or fences that have the potential of acting as a conduit for electricity must be grounded as shown on Exhibit B. 5) When PSCo's property is enclosed with a fence, gates are required at the North and South end of the enclosure for PSCo's access. 4 of 5 P. 07 MAR-20-01 05 :32 PM IN WITNESS WHEREOF, this instrument has been executed the day and year first above written. PUBLIC SERVICE CoPANY OF COLORADO By: /Nicholas Nicholas B. Fees, Ma r Siting and Land Rights, New Century Services Agent for Public Service Company of Colorado / L Agreed to and accepted by the Licensee this day of F , 200b. Pana Boyle NAME OF LICENSEE pane Boyle Property Owner ME AND TITLE OF SIGNEE (Type or Print) SIGNATURE 21555 Orleans Circle (Not the Property Address) Street Address Commerce City. Colorado 80022 City, State Zip (H)303-654-1646 Area Code and Telephone Number 5 of 5 r. yy r s t � � S ,�y‘ /a .e� yes/-2c�r i 4 EXHIBIT H tMti '2 r con% UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 8 mcdt 999 18TH STREET - SUITE 300 DENVER, CO 80202-2466 http://ww w.epa.gov/reg Ion08 MAR 21 2001 Ref: 8P-W-GW Dana Boyle 21655 Orleans Circle Commerce City, CO 80022 RE: UNDERGROUND INJECTION CONTROL UIC) Class V Program Determination Dear Ms. Boyle: Thanks for your inquiry into the UIC Class V Program requirements. Given the fact that your new building will be constructed without any floor drains that lead to the septic system, or any other conduit into the subsurface, the building will not fall under the regulations of our program. The UIC Class V Program regulates discharges to the subsurface through septic tanks, dry wells, french drains, or any other conduit into the ground. In the case that floor drains may be required in your building to meet the plumbing codes for repair shops, as long as those floor drains are directed to a holding tank that allows no discharge to the subsurface, your facility will not fall under the regulations of our program. If you have any further questions or concerns, please call me at 303-312-6276. Sincerely, Valois Shea Class V Team EXHIBIT utSR 1311 °Punted on Recycled Paper Hello