The URL can be used to link to this page

Browse Search

Home My WebLink About20011498.tiff 11;iit...\), ,e--(iiit DEPARTMENT OF PLANNING SERVICES Code Compliance Division 1555 N. 17th Avenue, Greeley, CO 80631 Irlip Phone: (970) 353-6100, Ext. 3540 C Fax: (970) 304-6498 COLORADO INSPECTION REPORT NAME: Enviro-Cycle c/o Mr. Mike Cervi LEGAL DESCRIPTION OF PROPERTY: Part of the NW4NW4 of Section 32, T4N, R65W of the 6t1 P.M., Weld County, Colorado DATE: June 1, 2001 CASE NUMBER: ZCH-2000-002 Upon a visual inspection completed by Cindi Etcheverry(Department of Environmental Health)and myself(Zoning Compliance Officer), the following items were noted: Upon arrival at site, several individuals stated that Rande Bernal (the Facility Manager)was not present. We asked who their"acting" manager was and they all replied "I don't know". Later they directed us towards"Ceasar". We asked Ceasar when Rande would be returning. He did not know. We conducted our site inspection. Upon return, Ceasar's first question was"What did you find wrong?" We explained a few items and asked a few questions. Then, we asked Ceasar for the "Underdrain Logs". He said "I do not know what you are talking about." I left my business card. Several pieces of equipment had changed. It appeared that a new heater/treater unit was on site. The Department of Planning Services has not yet received a letter outlining the proposed changes occurring on site. All tanks and equipment were painted in earth tone color. An fuel tank (without a berm)was noted on site (I can not recall if it had been their previously). Based upon our current inspection of the facility, it has been found that the property owner is not in compliance with the "Development Standards"as set forth in the Use by Special Review Permit (USR-1198). (1 iXysit Olktriftle 2001-1498 Inspection Report June 1, 2001 Page 2 Upon return to the office, Mr. Cervi called. He asked if we found anything wrong during our inspection. I described the items listed above. Mr. Cervi indicated that Rande was right next door at a farmers property. He stated that Rande had sent us a letter indicating changes last month. I informed him that we had never received a letter. He said Rande would e-mail it to me that night. Additionally, we discussed the Underdrain logs. He said that she would e-mail them to me as well. He mentioned the hearing scheduled for June 11, 2001. He stated that he could not attend that day. I told him that he really needed to speak to the County Attorney's Office. He stated that he had already left a voice mail for Lee Morrison. Bethany Salzman Zoning Compliance Officer Cindi Etcheverry Environmental Health pc: ZCH-2000-002 VI-01000001 Julie Chester, Lead Planner Bruce Barker, County Attorney Trevor Jiricek, Director of Environmental Health Randall Ferguson, COGCC Board of County Commissioners Monica Mika-Daniels, Director of Planning Services & Building Inspections SERVICE, TEAMWORK, INTEGRITY, QUALITY . i I / iiii,i ? ‘--, ic i it i , , - .,;I IC ► ,• � d III __ TI f i i i, _ IIIIIrr ,, r-?:. ••••• I i I II _. fir-_ -14.. •• _ •. . -'�"4 r _ v L ,9 a "1 r"..' H-- il PC.:N,H- :4-1---1------, H;IUIIIItll4allirnPiSP"-L ' : i_ i cm i nielifilir -0 If& _ CI ? ' ; *clam - q �.� t as Om�.� __ l . _ �_ �.-! �-.. r; r ..- 1 I, I / 1fr H .` : ;1`x,1 , Ij ,F1 t My ,/ • _ • �J F lM 1•jr,_ ,../. r,r IA, " ' %, , e . , ki � .c�7,.-_..e r 4e Ill" � /'‘ S DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 N 17TH AVE GREELEY, CO 80631631 WEBSITE: www.co.weld.co.us ADMINISTRATION (970) 304-6410 FAX (970) 304-6412 O PUBLIC HEALTH EDUCATION AND NURSING (970) 304-6420 FAX (970) 304-6416 • ENVIRONMENTAL HEALTH SERVICES (970) 304-6415 COLORADO FAX (970) 304-6411 June 15, 2001 Mike Cervi Enviro Cycle, LLC P.O. Box 117 LaSalle, CO 80645 RE: Enviro Cycle Injection Well Facility- Waste Management Plan Review Dear Mr. Cervi: The Weld County Department of Public Health and Environment has reviewed your email containing the Waste Management Plan(the Plan)for Enviro Cycle,LLC. This letter is submitted to address an item within the Plan. The item included in the Plan concerns the removal of solids from the solids separation tank(mud tank). The Plan states that removal of solids is expected to occur one time per year. However, the Plan does not describe the procedure that has been approved in past correspondence for removal of solids from the mud tank. Please refer to my letter, dated May 16, 2001 and the referenced letters attached to that correspondence so that you may include the approved solids removal procedures into the Plan. Please submit future changes to the Plan to Weld County Department of Public Health and Environment for review and approval. Sincerely, Cindi Etcheverry Environmental Specialist Environmental Health Services C\W INOOWS\TEMPTAIOIwule mgt renew ammmis.w d cc: Trevor Jiricek, Director, Environmental Health Services Monica Daniels-Mika, Director,Department of Planning Services Board of County Commissioners Bruce Barker, County Attorney EXHIBIT Randall Ferguson, Colorado Oil & Gas Conservation Commission 0 use ti t9t ESTHER Gesick- Re: Enviro Cycle waste mgt....plan .„.,....,_.................,....._.....,............,..,..._..,...............,..........,.............,........... ..,..,..................,....Page.t From: Cindi Etcheverry To: "rande_b@yahoo.com".GWIA.CENTDOMAIN Date: 6/15/01 11:11AM Subject: Re: Enviro Cycle waste mgt. plan Hi Rande, I have attached my review of the Waste Management Plan to this email. A hard copy will be sent in the mail. Cindi >>> rande bemal <rande_b@yahoo.com> 04/24/01 06:38PM >>> Cindi, Here is my revised version of the Waste Management Plan Mike Cervi had left for you on Tuesday at your office. Mike signed the Mylar and we have removed the black frac tank. I have also modified my spread sheet on the test well's to reflect the levels before and after pumping. I have the changed the weekly date to Monday's so I can monitor the process more effectively. I'm hoping with this Plan we have met all of the requirements we talked about on Monday. Thank you for taking the time to review the problems and assisting me with helpful resolutions. Sincerely, Rande Bernal Do You Yahoo!? Yahoo! Auctions- buy the things you want at great prices htto://auctions.vahoo.com/ CC: Barker, BRUCE; Gesick, ESTHER; Jiricek, TREVOR; Mika, MONICA; Morrison, LEE r MRLVIII DIfNRR, P.C. r\ ATTORNEY AND COUNSELOR AT LAW 840 BANK ONE PLAZA GREELEY, CO 80631 (990) 352-2081 FAX(970) 382-9192 May 30, 2001 Weld County Dept. of Planning Services 1555 North 17th Avenue Greeley, CO 80631 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 and gas support and service facility, namely, a brine water disposal facility, located on the following described property located in Weld County, Colorado: Lot B of Recorded Exemption No. 1055-31-2-RE2367 recorded May 7, 1999 under Reception No. 2692540,being a part of the N %z NW '/ 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 Weld 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, E Y I B I T r 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. to 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 waste 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 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, \kat-duca:4-4-1-W- MELVIN DINNER MD/as Cc: Envirocycle, LLC DEPARTMENT OF PLANNING SERVICES PHONE (970)353-6100, EXT.3540 FAX (970)304-6498 C. WELD COUN GREELIEYINISTRATIVE OFFICES 55 N.17T COLORADO COLORADO June 19, 2001 Melvin Dinner Attorney and Counselor at Law 540 Bank One Plaza Greeley, CO 80631 Dear Mr. Dinner: This letter is in response to your proposed change to the hours of operation for Envirocycle, USR- 1198. The Department of Planning Services' staff has reviewed the proposed changes and have .- determined that a change to the hours of operation would be considered a substantial change. The Board of County Commissioners also commented, in a previous work session, that changes to hours of operation are considered substantial changes. Since the Special Review Permit approval on May 19, 1999, there have been numerous conflicts with the surrounding property owners, as well as many violations of the Conditions of Approval and the Development Standards for the permitted use. Due to these issues, staff has determined that a change to the hours of operation will require an amendment to the Special Review Permit. If you have any questions or comments, please feel free to contact me at the above address or telephone number. Thank you for your cooperation in this matter. Sincerely, Julie A. Chester Lead Planner pc: USR-1198 Bethany Salzman, Code Compliance Officer Monica Daniels-Mika, Director, Department of Planning Services 06/15/2001 15:04 805-239-7377 LESAGE LAW OFFICE PAGE 02• 4'1.�� tt MICHAEL T. LESAGE ��n, •, •; ATTORNEY AT LAW •- :� '620 13TH STREET j�f; ((fit) 15 t . 1{ P.O. BOX 308 l�, �` PASO ROBLES, CALIFORNIA 93447-0306 '_, TELEPHONE (805) 238.3484 FAX (805) 239-7377 r:i�_; ,. �� !� • June 15, 2001 WELD COUNTY BOARD OF COMMISSIONERS Fax: (970) 352-O242 Lee D. Morrison, Asst ,County Attorney Fax: (97O) 352-0242 915 Tenth Street Greeley, Colorado 80632 Re: Ehviro-Cycle Hearing on Monday, June 18, 2001 Docket #2001-22 ...-- Dear Members of the Board, County Counsel, and Stuff: With respect to the hearing on Monday, June 18th, on behalf of Enviro-Cycle, L.L.C. , a jurisdictional objection is suhnitted for the record: 1. As part of the processing of th,y permit for this facility, an opinion wan obtained fruit the Attorney ,General's office of the State of Colorado dated March 2, 1 ,99 (copy attached) . Within this opinion, the State Attorney General concluded that jurisdiction as to operation of a Class II `injection facility vests in the Colorado Oil and Gas Conservation Commission (C.O.G.C.C. ) . As such jurisdiction does not vest in the' Colorado Department of Public Health and Environment (C.D.P.H.E. ) 6r in Weld County Department of Public Health under its Joint Powers 'Agreement with the State Department of Public Health and Environment. The Colorado Oil and Gas Conservation Commission has at the request of Enviro-Cycle reviewed all the operations o':f Eriviro- Cycle. C.O.G.C.C. has concluded that these facilities are meeting all of state law and regulations affecting the operational requirements within its jurisdiction. Accordingly it 10 believed that the County's jurisdiction pertains to zoning and planning issues. With all due respect this letter is of legal necessity submitted to assert that jurisdiction over operations fall J. EXHIBIT I ___Q______ RASE 4t1q'S 06/15/2001 15:04 805-239-7377 LESAGE LAW OFFICE PAGE 03 exclusively within the province and jurisdiction of the Colorado Oil & Gas Cot mission. Thanking you in advance for your courtesy and consideration of these issues. Sincerely, (7Y)4& :-_)q, MI T. LeSAGE MI'L/soh 06/15/2001 15:04 805-239-7377 LESAGE LAW OFFICE PAGE 04 Mar-02-99 10 :03A Cervi Ranch/Omni West 970 522-649p P . 01 row-u4-1tely b!f.�y r.us "k: tr./ i • Kul SwtwZwa STATE OF COLORADO s7wn savtis stnt aarC A ORO Gatti UZS Savat•!�r'taar awaaw�r.tNcna.ntLL DEPARTMENT OF LAW �.awr, ) $esos Q,e(Deputy AttaaryCmera! OfFtc[OFTm:A1TO@RTCEMMAL FAX 4)1166-3691 . Solicitar Greg S IJ1H March 2, 1999 • Weld County Board of County Commisaionas 915 10th Sheet Greeley,Colorado 10620 RE: Certificate of Designation-Envirocyck,LI.C. • Dear Comenissionas: At the Janu ary 27. 1999,meeting of the Baud of County Commissioners you quested that the Colorado Attorney Gensal's Office provide you with an opinion as to whehher the Solid Waste Unit of the Colorado Department of Public Health and Envitvameta("CDPHE") would require that Enviro-Cycle,L.L.C.,obtain a Certificate of Designation(nip")prior to opershig ib proposed Class II Underground Injection Control curl facility in Weld • County. This letter tanks to your request. CDPHE'and the COGCC ogee that,while the jurisdictional Issues an not cant ly clear cut, both agencies may have jurisdlcdon over disposal of exploration and produc itp wastes down a commercial Class II UIC well. To avoid duplicative agency insulation,CDPIIE believes it is appropriate to defy to the COOCC's regulatoty oversight of class II wells tQlder the circumstances present hen.where there is no surface disposal,and no doom-hAle disposal of any other materials. Accordingly.CDPHE will not require Erato-Cycle(of ss¢►ilar facilities where exploration and production wastes are disposed of solely down the UK Well,not on- the surface,and no other types of waste are disposed of down the UIC well)to obtain a CD or pay solid waste disposal fees. The COGCC has agreed to review the Envito-Cycle UIC facility proposal to ensure that the facility mats the COGCC's Class II UIC Roprsm requirements and is consistenj with CDPHE's requirements for protection of ha=ts health and the environmag. _06/15/2001 15:04 805-239-7377 LEgAF LAW OFFICE PAGE 05 -Mar-02-99 10:03A Cervi Ranch/Omni West 976 522-6486 __ P-02 rW-02-i9 utt . • Page 2 • . Although CDPHE is deferring to the COGCC with respect to reSolatiollartiosToleis proposed facility and similar facilities,the County is free to review the relevant sutra and make its own determination as to whether!will require Envito•Cycic to obtain a PD. if you have any additional questions or commons please feel free to contact me of the . number listed below. Sincerely, 1Y10►uUi ede4's 810 01 MONICA DESCH SHEETS Assistant Attorney General - Natal Resources and Environment Section (303)866-5442 • (303)166455S(FAX) . • cc: Lee D.Morrison,Assistant Weld County Attorney Trevor litioect,Weld County Health Department - Howard Boaright,Euvito.Cycle,L.L.C. Jackie Johnson,Witten,Oldenburg,Barry&Bedingfield,LLP Brian Macke,COGCC Robin Reade,COGCC . Cindy Bartell,AGO Glens Mallory;CDPHE - Roger Doak CDPHE M7 ALPHA: fa.SW mars An rat ► eves wo ooratoLL-a • -v. F..2- 06/15/2001 15:04 805-239-7377 LEST LAW OFFICE PAGE 06 Mar-02-99 1O :04A Cervi anch/Omni West 970 bet-6496 P. 03 rc i'IPF!-1J1-1w'! 405;5( Tit Vi rS raypr Under - MAUS Ca Pant "a+1`• 0 3-04- •, Pao zz-44 � Fa 171.KM • w 54 t-' s STATE OF COLORADO "ss `i sem•tsu.a DEPARTMENT OF LAWOle CbieiDeowyAaoraeyGenaral ore.ceoeveeAruacosars � I Macias.t etrLncsru,■ Sobnier Gnn FAX TRANSMISSION The information contained in this facsimile naosmissian is legally privileged ip&or confidential. U is intended only for the use of the named individual or entity,pd nay be subject to the eaceney/client privilege and/or attorney work product privilege prod transmission is not a waiver of any privilege recognized in law. If you ere not1the intended recipient,of the employee or egau responsible for debvaiag this dopae� the Intended recipient.any dissemination or copying of this t seie t is etricdy fed. If you have received this Cmsmission in error,please immediately not tY us by eel Jr the number noted below and destroy the original try, flank yens, DATE: Mach 2.1999 TRANSMIT TO PAX NUMBER_ (970)356.1205 (970)354.x,966 (970)]324)65 (303)S94-2109 (303)759.5355 IMMEDIATE DELIVERY TO !tor od Barrio*-Kiakes Lob Monism Trevor Jkiwek Jackie Johnson Man Macke Robin Rasa Olson MNtory • Row Doak • FROM: Manna Eheers.Assistant Attorney General • NUMBER OF PAGES(INCLUDING COVER): SPECIAL INSTRUCLIONS- s IiiTHERE 1S ANY YAOBLEM DIVING TRANSMISSION.CALL:Kerby t1Me(3R5)044. JUN-20-2001 12:32P FROM:JOHN EWING COMPANY 9702846833 10:3529172 P:5'5 Summary of Qualifications for Manger training far Enviro Cycle LW As part of the employee's continued training the following is a brief overviev4 all employees will be given detailed information in the employee handbook, This information will be available from the facility manager. As an employee ofEnviro Cycle LIC:all employees are required to understand and Or mge the following: 1) Knowledge of all safety procedures. ?) Knowledge of all emergency shut down procedures. 3) Knowledge of the types of production waste accepted by a Class U disposal. 4) Procedures for rejecting a load, including documentation, 5) Knowledge of all equipment used at facility (proper use, safety: and shut downs). 6) Knowledge of all chemicals and M PS's, 7) Basic understanding ofEnviro Cycle's USE#119$, 32 development standard& g) Contamination prevention and coftamirttttiou Procedures. All employees ars required to review and understand these basic requirements, If you have any concerns or questions as to your responsibilities contact the facility Manager immediately, Monday meetings are mandatory for all employees ofEnvire Cycle to attend. EXHIBIT JUN-22-2001 11:26A FROM:JOHN EWING COMPANY 9702846833 TO:3529172 P:2/6 REVISED WASTE MANAGEMENT PLAN FOR ENVIRO CYCLE LLC JUNE 530, 2001 Enviro Cycle LLC operates a waste water disposal well which receives hydrocarbons, flow back and brine water from producing wells located along the front range which is called the Julesburg Basin. These waste products are basically obtained from the Codell Sand formations, Niobrara and D & J Sand which are produced predominately along the front range. Enviro Cycle takes these products and waste as a service to the oil companies and then injects them down 9910 feet into the Lyons Zone. These products have been approved for disposal by the Colorado Oil and Gas Commission to be received into this zone. Any waste generated above the ground which consists of solids that are too bulky and non water compatible to inject into the well are maintained and held in tanks until there is enough quantity to be disposed at a certified disposal firm. Enviro Cycle has picked CSI as their certified waste disposal firm which has been accredited by the Federal Government and the State of Colorado. These solids consist of frac sand and chemicals which are too big to go down the hole. Principally, all of the solids are acquired from flow back water instead of production water. These flow back water accumulations are dependent upon the season of the year. In the summer time when ag and farming operations are in high gear, flow backs are less frequent. In the winter when the fanning is shut down flow backs become more frequent. Enviro Cycle utilizes a filtration system which requires changing the filters periodically. The filter accumulation amount depends on the amount of flow back water received by the facility. These filters are transported to North Weld Sanitary Land fill (NWSL). A waste profile has already been completed by Waste Management. The filters are contained in plastic covered drums for storage, and then put into 6mm bags for disposal at NWSL. Planned removal will be on an as needed basis, and the expected disposal will be approximately every 6 months. EXHIBIT ta. Ii JUN-22-2001 11:27A FROM:JOHN EWING COMPANY 9702846833 TO:3529172 P:3/6 At this point Enviro Cycle has only been running a short time and a specific amount of falters or solids cannot be quantified. The solids emptied from the metal filters at the unloading station will be contained in plastic containers on the concrete pad. These will be taken to CSI approximately once every six months. In the 14 months of operation the waste has been between 300 to 600 barrels. Most solids are contained in what we call the 'mud tank" which is located on the pad. Clean out of this tank is expected to be needed approximately 2 times per year. We will contract the cleaning to be done by a trained and certified crew. The liquid sludge will be removed using a Vac truck. The remaining solids in the open tank will be shoveled out through the clean out hatches located on the bottom of the tank and will be put onto a containment liner where required. The solids will then be scooped up and put into end dump trucks. We will use a contracted trucking company to haul the solids to CSI. Conservation Services Inc. (CSI) has conducted a profile on the waste from Enviro Cycle LLC. The profiles are done to CSI's requirements. At any given time the manifests are recorded and available at Enviro Cycle's main office. A manifest is an order required by CST to dispose of waste which is verified by CSI. An Amendment will be sent to the Environmental Health Department for their review before any changes are made. Enviro Cycle JUN-22-2001 11:288 FROM:JOHN EWING COMPANY 9702846833 TO:3529172 P:4'6 WELD LABORATORIES, INC. 1527 First Avenue • Greeley,Colorado 80631 Phone: (970) 353-8118 • Fax: (970)353-1671 Methods 602/8020 and 5030/8015 Modified Report Client Sample ID: Water Sample Location: Enviro-Cycle Laboratory No.:4548 (page 1 of 2) Client Project ID: unspec. Date Collected: 6/21/01 Sample Matrix: Water Date Received: 6/21/01 Method: E602/SW8020A BTEX Date Prepared: 6/21/01 Effective Dilution : 1 Date Analyzed: 6/21/01 Compound Concentration RL Units Benzene U 0.4 ug/L Toluene U 0.4 ug/L Ethylbenzene U 0.4 ug/L m,p-Xylene U 0.4 ug/L o-Xylene U 0.4 ug/L Surrogate Recovery: 79.8% 1,2,4-Trichlorobenzene 64-133 QC Limits Notes: Total Xylenes consist of three isomers,two of which wade. The Xyiene RL is for a single peak. Confirmation analysis was not performed. Qualifiers: Definitions: U Compound analyzed for but not detected RL=Repotting Limit SaSpike Recovery outside accepted recovery limits TVH-Total Volatile Hydrocarbons 1>yndicaes an estimated value when the compound is detected TEH=Total Extractable Hydrocarbons but is below the Reporting Limit ustyid tea+ onager Da e Sampling procedures can affect the value of analytical results—customers arc advised to use appropriate sampling protocol to insure samples are truly representative of the desk sample. JUN-22-2001 11:29A FROM:JOHN EWING COMPANY 9702846833 70:3529172 P:5/6 WELD LABORATORIES, INC. 1527 First Avenue • Greeley,Colorado 80631 Phone: (970)353-8118 • Fax: (970)353-1671 June 21, 2001 Enviro-Cycle P.O. Box 169 Sterling,CO 80751 Laboratory No.4548 (page 2 of 2) Sample Date: 6/21/01 Date Received: 6/21/01 Temperature: 4 C Results(mg/L) Method(Std. Methods) Chloride 17.3 4500 D. Total Dissolved Solids 434 2540 D. /7°L Pro •an Dat IPU Sampling procedures can affect the value of analytical results—customers are advised to use appropriate sampling protocol to insure samples arc tmly representative of the bulk sample. Weld Laboratories, Inc. z Chain of Custody Record 1527 1st Avenue Established 1978 N Greeley, CO 80631-5936 m Phone: (970)353-8118 Fax: (970) 353-1671 m COMPANY NAME /V( C ��L CONTACT E TELEPHO(N:NO. N Samplers:Print Name /// ..- ..._.-- _. __ ANALYSIS lPm(ed No: Sample Type m o SAMPLE ID SAMPLE LOCATION $y ggr/ a Date Time 3 . I! REMARKS GIPS— 6741 /t Z o 8 31 D Z { ID 0 T A . al m W Lu -i O COMMENTS: N U3 r ru Retrrquished Of (S V Reserved by:(Signalise) Date Time , late Diap®tlred by:(Signature) Date: Time: .for Labarat• i br 9 Time / ��t /O/O in Method of shipment: i' — m al r SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS ENVIRO-CYCLE, LLC USR#1198 1. The Site Specific Development Plan and Special Use Permit is for an Oil and Gas Support and Service facility(brine water disposal) in the A(Agricultural)Zone District, as indicated in the application materials on file and subject to the Development Standards stated hereon. 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 be constructed and operated to ensure that contamination of soil and groundwater does not occur. 4. A manager, knowledgeable in operating an injection well, shall be on site when the facility is receiving waste. 5. The facility shall obtain water from the Central Weld County Water District. 6. A four-foot square sign, not to exceed 16 square feet,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. 7. Any wastes generated on the facility shall be disposed in accordance with the Colorado Solid Waste Act, Section 30-20-100.5,C.R.S., or other appropriate rule, regulation, or law. 8. 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 70 db(A), as measured according to Section 25-12-102, C.R.S. 10. Fugitive dust must be controlled on this site. 11. All chemicals stored on-site must be 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. 12. 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. 13. The facility must be entirely fenced and shall maintain locking gates during periods when the facility is closed. 14. Any analysis of waste will be forwarded to the Weld County Department of Public Health and Environment. The Department reserves the right to require monitoring at a later date. 1 •*IH1IIT 991201 PL1259 • r DEVELOPMENT STANDARDS - ENVIRO-CYCLE, LLC (USR#1198) PAGE 2 15. This facility must 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 Conservation Commission, any other applicable agency, and all applicable Weld County zoning laws and ordinances. 16. Any petroleum contaminated soils on the facility shall be removed and disposed in accordance with all applicable rules and regulations. 17. The concrete receiving pad shall be cleaned at a frequency that prevents oils and other wastes from building up on the pad. At a minimum, the pad shall be washed daily, with a jet hose to remove any waste build-up. 18. During winter months, the facility shall maintain the receiving pad free of ice. 19. At a minimum, the underdrain shall be inspected weekly. The facility shall maintain a log on-site recording the date the underdrain was inspected and any observations during the inspection. In the event fluids are detected in the underdrain, the facility shall cease operations and notify the Colorado Oil and Gas Conservation Commission and the Weld County Departments of Public Health and Environment and Planning Services. No fluids shall be received at the site until the source of the fluids in the underdrain is identified, repaired, and any remedial work has been completed. 20. A biocide shall be injected into fluids received at the facility. 21. The integrity of the approved covering over the"lined cellar' and the"above ground solids control system' shall be maintained to protect people and wildlife from entering. 22. Personnel from the Weld County Departments of Public Health and Environment and 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. 23. The applicant shall provide adequate toilet facilities (Port-A-Pottys)during construction of the facility. 24. The 25-foot auxiliary road delineated on the plat will be used for fire protection and emergency use only. 25. The trucks will turn east at the end of the entrance road and enter onto a concrete grain slab. After depositing the water trucks will move west across the slab and exit the facility through the main entrance. 26. All tanks and structures shall be painted an earth-tone color and shall be maintained. 27. Truck traffic from the facility shall exit only to the west on Weld County Road 40, unless those trucks have wellhead access served by Weld County Road 40. 991201 PL1259 DEVELOPMENT STANDARDS - ENVIRO-CYCLE, LLC (USR#1198) PAGE 3 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 Departments of Public Health and Environment and 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 hereon and all applicable Weld County regulations. 31. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Board of 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. 991201 PL1259 COLORADO OIL & GAS CONSERVATION COMMISSION #a WESTERN WELD REGION FIELD INSPECTION REPORT JDNOTICE OF UNSATISFACTORY INSPECTION 980 S. Fulton NOTICE OF SATISFACTORY INSPECTION Fort Lupton, CO 80621 303-857-1635 Date: (9/6,/ Facility ID: Operator i,r/�c _ - 79 /1 /� Location:A16/// 3z__!i3O ,/, ease Name: e'en klAtr, 32 _ / API Number: 05 - - Inspector: LINDA PAVELKA Cell: 303-886-7223 INSP TYPE INSP STATUS RECLAM❑PASS❑INTER❑ PASS/FAIL ❑P ❑F VIOLATION ❑Y ❑N NOV ❑Y ❑N UIC VIOL TYPE: ❑ UA 0 MI ❑ OP ❑ PA ❑OT--- TBG/PKR LK O CSG LK O ALL UIC VIP MIMS PFCIIIIRP nPG12 Well ID Si Comments. Fences Y N Comments: (Rule 21 ) Y (Rule 603.b.(7), 1002.a) Production Pits Produced Water Pits Total s Oil Accumulation? ❑ YES O NO n (Rule 902, 903, 904) Comments: EARTHEN PITS ONLY Skimming/Settling Pits Total S Covered S uncovered A Comments: SENSITIVE AREA El YES El NO Special Purpose Pits Total a Lined S Unlined# Comments: Tank Battery Equipment O (Rule 604) /9-0 6 ,^� BURIED OR PA LLY BURIED VESSELS: #STEEL #FIBERGLASS #CONCRETE MOTHER sire Walls/ erms�ces O [Rule 604.a.(4 General Housekeeping Food (Rule 603.g) Spills (Oil/Water) ^' (Rule 906) 7CO e` _ v UIC Routine Inspection Ill.Pressure COMMENTS FILL OUT FORM 21 Psig WHEN WITNESSING MIT T-C Ann.Pressure Psig Drilling Well/Workover O (Rule 317) Surface Rehabilitation O (Rule 1003, 1004) Miscellaneous 43e/ea-tat} ✓LO l G Cam' ‘2 O R GtIVE ACTION EQUIRED: "n6. ..._71-,1 ),,--)9 .4210 04_. Date Corrective Action Required By: Date,Remedied: This report is a Notice of Inspection. The Commission requires that you correct any deficiencies sho ely manner. Failure to comply may result in enforcement action by the Commission. E X H 1 1 T Wilde Re Green Operator Canary-Wei Ste USX. aft—. , — COLORADO OIL & GAS CONSERVATION COMMISSION "►gbr WESTERN WELD.REGION FIELD INSPECTION REPORT J-.DNOTICE OF UNSATISFACTORY INSPECTION 980 S. Fulton ❑NOTICE OF SATISFACTORY INSPECTION Fort Lupton, CO 80621 303-857-1635 Date:,/, ye / Facility ID: erator: //LX° 0- (� /e Locatio iJ l.3/i/ - 4"3.2- .5/1) , 5 ase Name: gP j?ri /lc% 52 _/ API Number: 05 - - Inspector: LINDA PAVELKA Cell: 303-886-7223 INSP TYPE INSP STATUS RECLAM❑ PASS 0 INTER 0 PASS/FAIL ❑ P ❑F VIOLATION ❑Y ❑ N NOV ❑Y ❑N UIC VIOL TYPE: ❑ UA 0 MI ❑ OP ❑ PA ❑OT TBGIPKR LK O CSG LK 0 � * pF°'� WelllD tggs Comments: Fences Y N Comments: (Rule 21 Y/1N (Rule 603.b.(7), 1002.a) Production Pits Produced Water Pits Total a Oil Accumulation? 0 YES O NO ❑ (Rule 902, 903, 904) Comments: EARTHEN PITS ONLY SMmming/SettlingPits Total a Covered it Uncovered a Comments: SENSITIVE AREA ❑YES O NO Special Purpose Pits Total a Lined I Unlined* Comments: Tank Battery Equipment 90 0 4 0 (Rule 604) - BURIED OR PARTIALLY BURIED VESSELS: "STEEL "RBERGLASS "CONCRETE "OTHER Fire Wall erm Emus/ 4 EXHIBIT ❑ [Rule 604.a. ) u n° General Housekeeping (� CCCYYY(Rule 603.g) �Q 1142 ❑ Spills (Oil/Water) ; 0 (Rule 906) ,A)O11 o - [� UIC Routine Inspection In].Pressure y60 J COMMENTS FILL OUT FORM 21 PSig D� .%1.. WHEN WITNESSING MR F6 Ann.Pressure-S6"I��CA ( �,.t/ 9 Drilling Well/Workover ' 04 eon 0 (Rule 317) D v Surface Rehabilitation -✓Ofl2p a ei21ocL I (,4 j f et9 f jd� (Rule 1003, 1004) o/a'2,2-n _7./��7-�P( 7 f Miscellaneous_ i��e ciy N �� 1/ ./ e) try c �e Re _ ❑ . t 9e a,fe o7 J ' 7Ie ,'w se CORRECTIVE ACTION REQUIRED:dhe Vie, ,fo oAer 7t'( ie wet /c ,---24.0z- to/C._ /4O.1s e`j// c/urirn9 emu/ jig/1(fe Of i2X Date Corrective Action Required By: A9#9/241 I/J7ePete-Remedied•- This report is a Notice of Inspection. The Commission reqs that fou correct any deficiencies shown on this report In a timely manner. Failure to comply may result in enforcement action by the Commission. /1 ,x`/0 / 12111j5 W Z y Operator se s2 /ces c P�� 4/7-3Jd; . Enviro Cycle LLC P.O. Box 117 LaSalle, Co. 80645 970-284-5610 970-302-3410 May 7, 2001 Weld County Planning Department 1555 N. 17th Ave. Greeley Co. 80631 Ms. Chester: In our attempt to reduce the noise level of the facility, we have decided to change the process of treating the oil. The current heater treater has been found to be nosier than we would like. To keep you informed on all changes, we are presently installing a new treater. The new treater needs to be installed, to replace the problem treater. The new oil treater is much smaller than the current, the size is 6'x10'. It will be placed 75' from the nearest tank for fire/explosion safety. After installation the new treater will be painted a earth tone color. This new treater will produce minimal noise and no vibration will be produced. The current water knock out and heater treater will be disconnected. In conjunction with the two gun barrel tanks and the new treater, a 300 barrel tank is needed to hold oil prior to going into the treater. This tank will be inside the retaining wall and is painted a earth tone color. If you have any questions or if I need to provide further information, please contact me at 970-302-3410. Sineerply, Rande L. Bernal Facility Manager ii EX2IBIT CASE 40 t9e Weekly Test Well Results Depth Weekending before Depth before Date Well #1 Well #2 pumping pumping Notes 3/11/2001 Dry pumped 3/18/2001 Dry pumped 3/25/2001 Dry pumped Took water in for testing 4/1/2001 Dry no Well was to low to pump 4/8/2001 Dry no Well was to low to pump 4/15/2001 na na Easter 4/23/2001 Dry pumped 4" 1" Moved day to Mondays 4/30/2001 dry pumped 3" 1" to be monitored 5/7/2001 Dry pumped 3" 1" 5/14/2001 Dry pumped 4" 1" 5/21/2001 Dry pumped 2" 1" 5/28/2001 Dry pumped 2" 1" 6/4/2001 Dry no 1" 1" Well was to low to pump 6/11/2001 Dry no 1" 1" Well was to low to pump 6/18/2001 6/25/2001 7/2/2001 7/9/2001 7/16/2001 7/23/2001 7/30/2001 8/6/2001 axs1e11 Figp WARRANTY DEED Grantor(s), .--S5 7 MP INVESTMENTS, LLC, a Colorado Limited Liability Company whose address is 5801 W. 11th Street, Greeley, CO 80634 for the consideration of the sum of One Hundred Forty Four Thousand and 'ho/10oths($144,000.00)Dollars, in hand paid, hereby sell(s) and convey(s)to ENVIROCYCLE, LLC, a Colorado Limited Liability Company whose legal address is: 103 Sierra Street, Sterling, CO 80751 the following real property in the the County of Weld and State of Colorado, to wit: Lot B of Recorded Exemption No. 1055-31-2-RE2367, recorded May 7, 1999 as Reception No. 2692540, being a part of the N1/2 of the NW1/4 of Section 32, Township 4 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado. J J' also known by street and number as: n/a Q with all its appurtenances, and warrant(s)the title to the same, subject to: Signed this/0 day of May, 1999. MP INVESTMENTS, LLC, a Colorado Limited Liability Company By: if2r�C.e- B Patrick B. Roche Manager State of Colorado )„ County of Weld ) The foregoing was acknowledged before me this /O day of May, 1999, by Patrick B. Roche, Manager of MP Investments, LLC, a Colorado Limited Liability Company. pires:S2GO/ � EXHIBIT f� • .1�d official seal. � iRmf�ol/.�--7�n•s 141 9 Notary Public t uSt#1 lq2 t;�.• ' 1 11111 11111 111111 1111 11111 111111111111 III 11111 III IIII 2694357 06/17/1999 03:58P Weld County CO Wales 10.. 1,01 1 of 1 R 6.00 D 14.40 JA Sukl Tsukemoto WARRANTY DEED(SIMPLE) Not Commissioned Approved. Computeri ed Legal Forms,Inc.P.O.Box 370424 Denver CO 80237 (303)779-0376 O 1995 All rights reserved f5"„h �J,E�C 0i ID Ex«E�Ivrr. ,�Ir®, � Ara.,� ��a�� REJ �� r ."'"' -/�C��j-p Vaal �-��t�u��a �-tp�1tp-�pt�w� - _ / rra. c)ov �v qJ� - �7yKI .'..3 I3fvL1324COW Vaal Y7Vf/aalea-•iaaw1Y�'J lYE -.j• IRCURPZIMIINFLP et rIL iJ.1-Y-Aiv1.1 cu wu M UR, 4 WIVIIIME .. •+ar PICOTS•• laillninfrillinil •w••rLY•••••. • ••••••••••• _ manp. o.Cap. a„`+„Corr MO S:-.... _ ,_ -ti err..r...r Nw.r..._r.r•.w� B.=A o•.iw tl+ flrpmY••••u[Prw[a'e[ -- �WY rwr•wr..rrar.wwrr. E UP -n..n•..�.. ii. 4• 501,10,141C 2412.r.._a ?yJ.vo' ......w .."w �.M, •w••.....,•N.•[.•..w I•.n..w • '- —_J [wes.-Lg.. _l� I ....••••:•1.11 ie�.�w.•.�..w...L....74 ski r d ® Id'J.iJ�. Y ti�••....-••w•*M"nw'.LOT 2 ir j J''• GRAPHIC SCALE ma�'•merle.,„"'.•,.."'..""�'`«i�«..••r w r MS'S t..+C ^� l ..• •.M�I J♦ yam; a y«Tt• ____ +.Om.OiPOIr re/I.nr w_r«/+•N••r..-• .. __�'& PR.w..wV rr•.w.•w_r•123,1 3 t A T� L J �/ PPR•••PUY LP••.•w...r•_r•.•11.,24 r•w r.e•.• ///��x��,-I.0Pa I c L�_l� - _ .r. t0 , C A.n.• N-w+'.....r.....`r«r..•.,w.... v r.•._ •.-.« •:•.•a=`.:.I:•• ,I`�.��,J BY NM NM 17S.S.,o* ✓ Ii�- ^�� ••‘'..".."•• •. rip•••••w�w`_� w..w r.r..rn rlr.P rte. amnyf6Ma.a r.a' \\ .rK U.b•,tl '� IPMar; :• ••.. • /•y • a.w•`.L"'.._"�....y•M�rrrr•.•.,.•r... A. a.o..,..- .ii rzw... ryy.[ , J.un wss. .. �if./1%!••:� . .."". .r,•....n•^wr..v,w.,.iw^t."."..."" k f •N!9')t•y� 1�\tn ,y .---_ ._ tA,••••...... •.M _-- 1•••••P••••••'...."' *..... .r.•.[.wrr.... w.rw 1-.•r•Pp mO3ZILIa_SCIU. CM= •wee a an_" .�...•....-+.r.•••••...•.t"-' --.i"'• ...... *r..... ..�_...r7rfif ... .. •r • \i Y • VMIT a �;�. ,`,1v LEGEND •..w•w...,•..... .- �` � F Z8- LOT A +�; \,n `,\..'.. \.-�.,,. .w e..•... �.................,...—,_....• .- ....��..•...-.._..zit_..._. __— 8^ Y 1 E.• • i4.62•03.41mil :M.-r.... wzs" •;‘,.. o. ' .(. m i•N�uaae ...,... ...`.... ...,/,O.,,,,. �Y.Tn� _.1. • '1" '/ 4 \k,-:14. a .,_,.w. .. w----• ..s"r-'n• •• llc,br.7-,w.-.J... O ....I.•w,.. 1 • ' iEXHIBIT AA US It #1194 r • MAP29 R 65W JOINS MAP 23 i - . - • VAc c OLIVER B �' '}saM .8-SAN TRACTS c CLARA M. saL Q m Q W Q VEflN: RUB °RJO � ,�0.Enl R NANCY KNAUB Ip c,4 _�� 6aN mzrc LOWER LATHAM / JANICE E . >LL>,SCH�IB$o'E coN5NG. '�\' GCE? D- ' W.C.L. a i oyo dti� wrI a•ww IRA /I`� MERCURE PARTNER- Ism rc o LJ [lire= s102 RESERVOIR Raw \-, Or ! SAJ, .se,GI petal SHIP _Jm Is' tot - Rum 020 ¢ O , GLEN N JAMES 0. IRMA JEANIHENRY B A JESSIE a CIS Q LOWER IMr ALIE ARHAD I z [�'�/e B EMMA t' t" II GEIS CRAVEN EVELYN E. BILL �J` GOODNEfl OW et BI / KNAUB Ares. KALLAS � -•''-i LATHAM a �x 1 BETZ ROBERT °>'d ;�� RESERVOIR 1w a o ♦HUGH E. raw FARM E. ww u ANDS o y cCARTHY zmm r _ BACKUS Lsmf CO. so 'IRMA JEAN CHARLES W I 5 BETZ CAROLYN S. c.M.BMJ. 4 CRAVEN B WILLIAM NANCY W.C.L. I FARMS RAINS etal GI"°"" GEORGEIN A 0. 1 HA NELSON Ai CRAVEN H. JERKE MERCURE PARTNER A CO. SAP-Ft ALBERT: Wz FRANCIS HAN SCOME = CHARLES ,,,, s4E -JOHliorw.ENCE W I _lad SAJ SAN S4f ANNAN A et al SHIP / PTSHP. w rath cope H. m_¢ G. ARENS I W EASTON SAC I AA G RS fA 3'H r V I i AK SA( I MARK R.JR : TA: WALLACE a : IG 54R �N R y COBEHRENS 10 I I 12 r SASS STEWKATHART KOROTHY MHY HAROLD R. I RESERVOIR >I- ¢ ROGER P pjw FRED I JOHNSONH GORDON BI LISA W� wZ �o= z 0� F- Is ARENS,JR. RAY PRUSSELL0 DALE 0. CRAVEN II BETZ ¢a 2-, a? zwa BOULTER » Wia LIVING TR. I�TERSE / ATRICIA A. SCHAEFER BOHLENDER FARMS aD lc j ow ee° et al QO 'oo I� ' a TAC TAO (J / SW Ls-w IT >14 0 f m N>Z I 2 • J�� I aW PACsCIA HAROLD R.B SARAH I r4H .� z iALH TAM( / /MARLIN D.B ANNA M. C it NOEL = F KATHERINE LOU SE ¢� Our m a M. LEEDtre. GLEN D. a BO-HOA JUDITH J. LNENG I-:n JO ANN I m zs z I INC. ow ED Q2 CRAVEN OPEL :': o¢r _, LINDA ( FRANK TRUST r-v_ ,J_ a 2 RICHARD M. sa, ad F etal awl wJIR a Q w SWINNEY ERICK$ONI N �v'' DONALD C.B t CO- I I,.v Fwo u2 u "4 3 W I ti BETTIE R. • �ZI •e z 17G t6STANLEYDB TAN 5GRANTB I I �r 'K>O I STONE I _ I BEVERLY A. JAMES L. B vx<nos z u .v RODNICK E. aw mf BRUNTZ RENA F. Jn m w a f %--1*- LELIA OSTER o - TIMMERMAN BISON w > Om�w M B ELSIE J. j Jj ARENS ,-El 3 I�m ULRICH aJo: vaIDL A.P p z_ Luz ? omad 3m owj oao NAET CRV u FEEDING CO INC. DONNA L. ZI O-LO Fy WYA WO O \Q'�2 G¢ 4 IrOVLN Cn 4(f :RUNTZ OSTER A W I z — IA _ _DV mTA: Taw w:t: Flmw 2�3 p ii Pd�ll m nw�„TrK.:a, MARY E. VI TRW ASC UAX J. IBYRON D. GRANT B Y w TAE TAJ SHABLE TAT '•'' IGRANT I AGRICULTURAL J J s ✓ TAR—1 RENA F. N PRODUCTS, < W MARGARET ¢o. l Nu raw re it ARENS ' ARENS Z F_. (TAE 1 � � SCHMIER ow o caZ c - c0 1 I W in INC, I Q LL W I., w A VALLEY £' I J '' 22 I 23c 24 W CLARENCE J. 2O CARL A. YDJ DAN J. t- q z o r- a TYLENE L. on W z>> OSTER REX P. d (WILLIAM z � > f^ z o SCHMIDT En i HAROLD R. JEPSEN ¢am I MARY ANN E. BOH- Q LIT, w 1 a ¢ ¢mow CRAVEN LLD Woo_ CRAVEN (LENDER z ≥ I '/ LL O]I— wn / xz YAP J a _I jtj ,T,ny TAAVT, x. >, am f — f„ — Itl ELMER W. cT I UUAp waarmrs PAUL E. B (j uaA A F OPT".ww BETTY L. I'SCHMIDTRUSTEEI Ns u BOHLENDER OGG BEULAH PAUL JOE EVELYN CALVIN C. vi zz LAND B I' vP A w OAR a CATTLE LTD. 6 c '� BETTY LOU DUPPERK I • PL. 29 8 s tANDERSON�] LLa 2G 25� FRANCE G V sceMlDr Q HERMAN i- it LONNIE R. LARRY D. m 0411 TED d KRAUSE z0 m,J JOHNSON LOEFFLER ROY A. JIM SHADS etal z w¢w iw etol y;= SCHMIDT OSTER KRAUSE Fwt z'~^ =L'a I„° g o ■ • r / q miLL Cray RURAL LAND I7HOMAS a WILMA G. HHAROLD DER VERNON WALTER J. ELMA D. STATE CO., INC. I W MUSICK MOSER BOCKIUUSa CAROL L MARK / A le etal etol N 31 - cvA ,BL.A. S2 Y. CO> GRA [3`4BEEBE X35 36 •MARSHALL Pt TRY. JANE o JOSEPH F 8 CLYDE v WM. W. BDRAW x IBMAR PATRICIA ROB 'T 5 EVANS GUN CLUB tttaas�� ELMA D. MAR ALL A. RAY A A. CORNEL- MARK I UAJ . .E IUS et al 1 -1 l E 1 E O47 1 [ 37 39 41 43 JOINS MAP 32 45 u qg • I11111111111111111111111IIII11111111111III IIIII IIII IIII 2778582 07/05/2000 03:44P JA Sukl Tsukamoto 1 at 1 8 5.00 0 18.20 Weld County CO c 3. WARRANTY DEED THIS DEED, Made this 30th day of June , 2000, t,I(3371 5 /-ADD between Leland V. Crosby III etc= 1%3 of the County of Weld and State of Colorado , grantor,and Brian MacDonald and Elise Santagata whose legal addresser 18860 WCR 39, LaSalle, CO 80645 orate County of Weld and State of Colorado ,grantees: WITNESS,That the grantor,for and in consideration of the turn of ONE HUNDRED EIGHTY TWO THOUSAND AND NO/100 DOLLARS,(6182,000.00 ),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.smtq the grantees,their heirs and assigns forever,not la tenancy In common butte joint 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 knows by street and number as 18860 Weld County Road 39, LaSalle, CO 80645 TOGETHER with all and singular the hereditament'and appurtenances thereunto belonging,or in anywise appertaining,and the reversion and reversions,remainder and remainders,rents,issues and profits thereof,and all the estate,right,title,interest, claim and demand whatsoever of the grantor, either in law or equity,of,in end to the above bargained premises, with the hereditament'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,his heirs and personal representatives,does covenant,grant,bargain and agree to and with the grantees,their heirs and assigns,that at the time of the enameling and delivery of these presents,he Is well seized of the premises above conveyed, has good, sue,perfect, absolute and indefeasible estate of inheritance, in law, in fee simple,and has good right,full power and lawful authority to grant,bargain,sell and convey the same in manner and form as aforesaid,and that the same are free and clear from all former and other grants,bargains,sales,liens,taxes,assessment., encumbrances and restrictions of whatever kind or-nature aoever, 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 DEPEND the above-bargained premien 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 E OF, ,tthe (grantor rjr has e red V. Czo62y ��fy c— • STATE OF COLORADO i 'c'�[;t\C'{..Lit,,.1,))tqp�, COUNTY OF WELD 't t,j1h,itUD tP' >,./I The rcgoing iruntmnentwas anit 'aljt{gadR4tnat?i1V 30th day of June 2000,by Leland V. Crosby III 3,'Opert..00 rts. ,c. /7 My Commission expires: February 23, 2003 Witand o Want, 1/ , " EXHIBIT Notary dubli�cl� ��(� Barbara R. Coonrod WARRAMY DUD(m Jams Tenets)reewrree lilts t D A0 O37137a VSe.#'(48 > pe Title Data, Inc. TA 10.199.85,28 WE 2778582-2000.001 APPENDIX 22-E 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 produc- tion. 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 four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and county roads out- side 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 prior- ity 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 equip- ment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot opera- tions, 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. • El EXHIBIT 1 lb use#/198 Appx 22-5 06/15/2001 15:10 805-239-7377 LESAGE LAW OFFICE PAGE 02 .11 • MICHAEL T. LESAGE ATTORNEY AT LAW eV 620 13TH STREET L` P.O. BOx 806 PASO ROBLES. CALIFORNIA 93447-0306 TELEPHONE (909) 238.3464 FAX (805) 239-7377 June 15, 2001 WELD COUNTY BOARD OF COMMISSIONERS Fax: (970) 352-0242 Lee D. Morrison, Asst.County Attorney Fax: (970) 352-0242 915 Tenth Street Greeley, Colorado 80632 Re: Enviro-Cycle Hearing on Monday, .tune 18, 2001 Docket 82001-22 Dear Members of the Hoard, County Counsel, and Staff: With respect to the hearing on Monday, June 18th, on behalf of Enviro-Cycle, L.L.C. , a jurisdictional objection is submitted for the record: 1. As part of the processing of the permit for this facility, an opinion was obtained from the Attorney General's office of the State of Colorado dated March 2, 1999 (copy attached) . Within this opinion, the State Attorney General concluded that jurisdiction as to operation of a Class IT Injection facility vests in the Colorado Oil and Gas Conservation Commission (C.O.G.C.C. ) . As such jurisdiction does not vest in the Colorado Department of Public Health and Environment (C.D.P.H.E.) or in Weld County Department of Public Health under its Joint Powers Agreement with the State Department of Public Health and Environment. The Colorado Oil and Gas Conservation Commission has at the request of Enviro-Cycle reviewed all the operations of Enviro- Cycle. C.O.G.C.C. has concluded that these facilities are meeting all of state law and regulations affecting the operational requirements within its jurisdiction. Accordingly it is believed that the County's jurisdiction pertains to zoning and planning issues. With all due respect this letter is of legal necessity submitted to assert that jurisdiction over operations fall EXHIBIT uSM*i(rl$ 06/15/2001 15:10 805-239-7377 LESAGE LAW OFFICE PAGE 03 exclusively within the province and jurisdiction of the Colorado Oil & Gas Commission. Thanking you in advance for your courtesy and consideration of these issues. Sincerely, MI T. LeSA,GE/E MT'L/soh F :. N USR - 1198 \ Section 32 , T 4 N , R 65 W —..�--n'-�_e_� ra _..a _] _ � 14 1 18 17 16 - - - 5 i 14 13 �jry II 21 22 23 1 K IA. 19 20 21 ; 22 1 23 I 24 ... ii.. ... ... "mom mmm m a omm mom ammomm Ems mmo nor mom mos mom :mm mmo mom sal omm mom mom la mom mom � 1 , p 28 27 26 I 25 _SI 29 i 28 I 27 I 26 I 25 ILCR ST�_ _ a oi, CR— r J�_ _ _ T _ _ _.... _ _ 4 33 I 34 1 35 I 36 31 pc 32 33 I 34 35 1 36 1 I 1it= 1 1 II 1 I I 1 4 1 3 1 2 I 1 6 5 4 3 2 1 I I 1 a- M - -v- - - IMMMss 9 I 10 I 11 12 7 8 9 10 11 I- Ii. _ . + _ _ _ 1 16 I 15 I 14 ! 13 18 17 16 1 4 113 a :a:-a s - rasa. 0,1 em ArlialVA V9 IISINXI r ES. Ii I ' I : II .jj .� I i' I I r m,..ases�ssret o ! y II on � a _ . ---- , II I I 1 t � ,� x I! . I `- . ` ' .... MI t f� I t J 'I .nom a IInr..rb• � Y :` >�• I ; � � � j! I Ili o.ii••••. • 'I..,it�F t 1 iM-ii�.a ....r 'I W. . I LI.cam ��u i I I i III > I ..arrra+sexre... I; i N --111j i — ,e //1 I - - - - - . •—• —• iiaiiaiioiioaiaiiioiiiaii�iiaaiaiaiiaiia//, I -...--t at. Hello