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Home My WebLink About20002098.tiff ( e ) B^GM BEZGEZ Weld County Planning Dept NATURAL GAS INDUSTRY CO/6(LTAMH JOE G. BAUMBERDER II 2000 RECEIVED July 19, 2000 FEDERAL EXPRESS Ms. Sheri Lockman Weld Co. Colorado Department of Planning Services 1555 North 17th Avenue Greeley, Colorado 80631 Re: HS Resources, Inc. USR 1067 Amendment Application HS Gathering, LLC USR 1280 Application Dear Ms. Lockwood: Per your request, enclosed are revised USR plats for the subject USR Applications showing the location of the ground water monitoring wells. By copy of this letter, we are also providing a copy of the revised plats to Mr. Trevor Jiricek, Weld Co. Colorado, Department of Public Health and Environment. Very truly yours, , Joe Baumber JGB/ipb attachments cc: Mr. Jim Wason, HS Resources, Inc., Denver, Colorado - w/attachments EXHIBIT BAUMBERGER&ASSOCIATES,INC.-9AUMBERGER@ ORO.COM-(WTI)772-9309 FAX-(303)44G81670FncE P.O.Box 8137,LONGMDM,CO 80502- 13873 WELD Country Ro 3,LDOGMOntr,CO 60504 2000-2098 WILD I UIJN I V,L-ULUIIMUU DEPARTMENT OF PLANNING SEI:VICF -•- PLEASE TAKE THIS SLIP TO THE FRONT DESK --- DATE /..211-1/OO RECEIVED FROM H LLC__ NO. TYPE FEES 4221 -RE/SE 4221 •ZPMII/MIIZP/ZPAD 4221 USR V51 - - Icc4,� 4221 -SITE PLAN REVIEW 4221 -COZ !� 4221 •PUD _--! 4221 -SUBDIVISION 4221 -BOA 4221 -MINOR SUB 4221 •Flil]FYGFIUP 4221 -REPLAT ---r 6560-RECORDING FEE 4430-MAPSIPIIBUCATIONS 4730-INVESTIGATION FEE 4430-POSTAGE/HANDLING 1 ON-CALL PLANNER 4LC.CLD 71ZCO. Li CASH CIIECI( NU: TOTAL RECEIPT # • EXHIBIT USE BY SPECIAL REVIEW AMENDMENT APPLICATION Nonhazardous Oil and Gas Waste Landfarm Township 3 North, Range 66 West Section 13: SE/4 Weld County, Colorado Prepared For: Weld County Department of Planning Services Prepared By: HS Resources, Inc. 1999 Broadway - Suite 3600 Denver, Colorado 80202 June 29, 2000 EXHIBIT DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue, Greeley, Colorado 80631 Phone- (970) 353-6100 - Ext. 3540, Fax(970) 304-6498 AMENDMENT TO USE BY SPECIAL REVIEW#1067 Application Fee Paid Receipt# Date Recording Fee Paid Receipt# Date Application Reviewed by: TO BE COMPLETED BY APPLICANT: (Please print or type, except for necessary signature) LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: SE/4 PARCEL NUMBER: 1 2 1 1 1 3 0 0 0 0 1 6 (12 digit number- found on Tax I.D. Information or obtained at the Assessor's Office Section 13 T 3 N, R 66 W Total Acreage 40± Zone District Floodzone C Overlay Zone N/A Property Address(if available) Proposed Use Nonhazardous waste Landfarm SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW PERMIT: Name: HS Resources,Inc. Address: 1999 Broadway, Suite 3600 City/State/Zip: Denver. CO 80202 Home Telephone: Business Telephone: 303-296-3600 Name: Address: City/State/Zip: Home Telephone: Business Telephone: APPLICANT OR AUTHORIZED AGENT(If different than above): Name: Address: City/State/Zip: Home Telephone: Business Telephone: DEPARTMENT OF PLANNING SERVICES USE ONLY Case# - Floodplain: ❑ Yes ❑ No Geologic Hazard: : ❑Yes ❑No I hereby state that all statements and plans submitted with the application are true and correct to the best of my knowledge. Signature: w r or Authorized AMENDMENT APPLICATION TO USE BY SPECIAL REVIEW (USR#1067) HS Resources, Inc. ("Resources") submits this Amendment Application to Use by Special Review to the Weld County Department of Planning Services to amend USR#1067 approved by the County on February 22, 1995. A copy of the Resolution by the Board that approves the USR is attached as Exhibit A. This Amendment Application is submitted in conjunction with a Use by Special Review Application that is being submitted by HS Gathering, LLC ("Gathering") for the location of a compressor station and associated inlet and outlet pipelines (together the "Compressor Station"). The property included in USR#1067 is identified as the SE4 of Section 13, Township 3 North, Range 66 West ("Landfarm Parcel"). Resources owns the Landfarm Parcel and operates a landfarm for the treatment of nonhazardous oil and gas exploration and production wastes on the property. The purpose of this Amendment is to exclude 40 acres from the Landfarm Parcel and from USR #1067. The parcel to be deleted is identified as the W2NE4SE4 and E2NW4SE4 of Section 13, Township 3 North, Range 66 West ("Compressor Parcel"). The Application for a Use by Special Review submitted by Gathering for the Compressor Station includes the Compressor Parcel. Resources will transfer the Compressor Parcel to Gathering when Gathering receives approval from the County for the Use by Special Review. A copy of the letter to the County from Resources that evidences its intent to transfer the Compressor Parcel is attached as Exhibit B. A legal description of the property that will continue to be subject to USR#1067 is attached as Exhibit C. F.J.' P- Fax NoteTag s7t 7FiJ,R . s- - r • I EXHIBIT A i .. - rnaa _wlkz I Fu 'jr, , t a • RESC4LLITI a J • i RE: APPROVE SITE SPECIFIC DEVELOPMENT LAN AND SPECIAL REVIEW PERMIT #1067 FOR A xM NT ACILI. IN THE A (AGRICULTURAL) ZONE DISTRICT 7., -- • WHEREAS, the Board of County Comrpissione of Weld County. Colorado. pursuant to Colorado statute and the Weld County Home Rule harter, is vested with the authority of administering the affairs of Weld County, Colorado, an WHEREAS,the Board of County Comm, ions .held a public hewing on the 22nd day of February, 1995, at the hour of 10:00 am. in the m of the Board for the purpose of hearing the application of H. S. Resources, Inc., 1999 , Suite 3600, Denver, Colorado 80202, for a Site Specific Development Plan and Specie Revi Permit#1067 for a land treatment facility in the A(AgriCuitural) Zone District on the folio mg des bed real estate, to-wit: SE i14 of Section 13, T is North, Range 66 • West of the 6th P.M.,.We Cou , Colorado II WHEREAS, said appicant was represented by!Patrick E Flynn, Environmental Affairs Manager for 1. S. Resources, Inc., and WHEREAS,Section 24.4.2 of the Weld County oning Ordinance provides standards for review of saic Special Review Permit, and i - --- . i I WHEREAS,the Board of County Commissioners eard all of the testimony and statements Orthose present,studied the request of the applicant and: e recommendations of the Weld County fanning Commission and all of the exhibits and eviden• presented in this matter and. having been fully infgrmed, finds that this request shall be app , for the following reasons: I 1. The submitted materials are in molten with the application requirements of Section 24.7 of the Weld County oning rdinance. I ff 2. I f is the opinion of the Board of County Co ' loners that the applicant has shown ; compliance with Section 24.4.2 of the We County Zoning Ordinance as follows: i I a. This proposal is consistent with the aid County Comprehensive Plan. The • proposed use will not result in and being taken out of agricultural production:Me parcel is rangeland - oil and gas structures presently on site- I b. This proposal is consistent with the i' nt of the A(Agricultural)Zone District and is provided for as a Use by S and Review. i 950245 ea- ..0944.22 .v�3'kwwrs PL09�4 I • [SPECIAL REVIEW PERMIT#1067 -H. S. RESOURC : , INC. . :PAGE 2 I I ' c. The uses which would to perm ed would be compatible with the future development of the surr unding area as permitted by the A (Agricultural) Zone District and with d lopment as projected by the Weld County • _ Comprehensive Plan. • land uses include oil and gas stuctns. three rural residences and a rad r station. I • 4. No overlay districts affect the sit e. Special Review Permit Develo meat Standards will provide adequate protection of the health safety I and welfare of the neighborhood and County. NOW,THEREFORE, BE rr RESOLvts by the , card of County Commissioners of Weld County. Colpredo, that the application of H. S. Reso ' , Inc.,for a Site Specific Development Plan and Special Review Permit#1067 for a land ent facility in the A(Agricultural) Zone District on the hereinabove described parcel of land ' . and hereby is, granted subject to the ifallowirg cond1+ons: • 1. ' The attached Development Standards for the Special Review Permit shall be • : adopted and placed on the Special Re - plat prior to recording the plat. The plat shall be delivered to the Department f Planning Services and be ready for recording in the Weld County Clerk ' d Recorder's Office within 15 days of approval by the Board of County Comm ' loners. 2. The Special Review activity shl it not cur nor shall any building or ele=rical I permits be issued on the prop rty untt!the Special Review plat is ready to be • recorded in the office of the We Coun Clerk and Recorder. • 3. Prior to commencement of the Special ,eview activity, a six-foot high, chain fink fence, secured by one locked gate to adjacent to Weld County Road 37,Shall be constricted around the perirr$eter of he area of activity. I 4. Prior to recording the plat,the plat shall amended to show one access to Weld County Road 37, secured by a locked g le. • 5. Prior to construction of the proposed w h pit,the applicant shall submit a detailed _ design, operation and monitorinb plan f the wash pit to the Weld County Health Department and Department of Plannin ;Services. The plan shall be approved in writing by these departments prtlor to inning constriction of the wash pit 950245 PL0984 . • • lI • !SPECIAL REVIEW PERMIT#1067-H. S. REOURC S, INC. !PAGE 3 11 6. Prior to recording the plat, appf nt shall provide a signed copy of the agreement with the Wardens rding nitoring and protection of the Wardelts' water source. If such an ag M; snot be reached. those Issues will be considered at a continued hea ' date March 1, 1995, by the Board of County Commissioners. The above and foregoing Resolution was, on mo n duly made and seconded, adopted by the following vote on the 22nd day of February, AD.. 1 i95. • 1BOARQ OF COUNTY COMMISSIONERS LID COUIsf,TY, C LORADO //}�► ti< Muth ATTEST:/0Dale K itia►1, Chairman Weld County Clerk to the Board l B J. fGrkmeye T Y: 4Aido C a2•"-+ . teputy Cleric the Board too . GeorgeBaxter .,PPRO ,AS TO FORM: peat _ K�n ` / `j� Constance L Harbert • Ur1 AttOmey 6 ` ) p�i� A )J NV. H.Webster • • 950245 PL0984 • . l • SITS SPECIFIC DEVELO MENT PLAN SPECIAL ERT DEVELOPMSTMI• DARDS H. S. RESOURC INC. usliF#1067 • • 1. TheSite Specific Development Plan and S ' 1 Review Permit is for a land treatment facility in the A (Agricultural)Zone District as s muted in the application materials on file and subject to the Development Standards ed herein. 2. Approval of this plan may create a vested prope right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. Only solid, nonhazardous exploration d pro action waste materials derived from HL S.• Respurces-operated drilling and production s in Weld County shall be treated and recycled at this facility- 1 4. Thal Special Review Permit shall not ba tm a to any successors in interest to the property and shall terminate automatically u , it conveyance or lease of the property to others for the operation of the land treatment I. 'lily. 5. No permanent disposal of wastes still be p matted at this site. This is not meant to prohibit the beneficial application of frerh wat -based bentonitie drilling mud. • 6. Waste materials shall be handled. stoked, treated in a manner that controls fugitive dust, blowing debris and other potential nuis conditions. • 7. Fugitive dust shall be controlled on this site. 8. The maximum permissible noise according to 25 Zb102, Colored ' Revised Statutvel shall not ed the light es_ industrial limit of 70 db(A) 9. The property owner or operator shall.P ovide n Individual Sewage Disposal alt system or ortab a toilet is a le. System in accordance with Weld County Reg ati� • owner or operator shall farm ;d comply with the Use by Special Review 70' app The portion mbe 29, 19 .the Colorado Oil and Gas Conservation Commission issi materials uleadated September' Commission Rule ea application ma Ls da October 13. 1994, and the supplemental information dated December 12, 1994• • • • • 950245 PL0984 • • ❑r q _ - __ _ I . I DEVELOPMENT STANDARDS - H. S. RESOU?CES, I ' C: i ` I?AGE 2 i I I 1. The property owner or operator shall rno4dor the ,ight(8) groundwater monitoring wells an sae quartarty. At a minimum,ground water se shall be analyzed using an appropriate mehod for depth to groundwater, Total Petro, rri Hydrocarbons (TPH),benzene, ethyl benterre, toluene, and xylene. The f Pity s submit groundwater monitoring results quarterly to the Weld County Hea Depa ant and the Colorado Oil and Gas Gon�ervation Commission. In the a nt the gradient wells exhibit a statistical • increase over background levels,the applicant r operator shall: a. Cease accepting contaminated soil on pending review of analytical data by • Weld County Health Department an ; Colorado Oil and Gas Conservation Commission. b. Notify the Weld County Health D pa and Colorado Oil and Gas Conservation • Commission in writing within live (5)wo ' g days. nation. The n c. mustImmediatelydevelop athpelW�determi . eaith Departm' the extent of ent andiColorado Oil and must be approved by -. Gas Conservation Commission. I d. Upon determining the extent of Oontami ation, the facility shall develop a remedial action plan. The plan must be reviewed and approved by the Weld County Health Department and Colorado Oil and Gas • onservation Commission. 12. The'Iapplicant or operator shall collect and lyze soil samples semi-annually directly beneath the treatment area. Samples shall be. ' gelled at a minimum of eight(8)separate locations. These samples shall represent im : from the facility to a depth of live(5)feet. In addition, yearly soil samples shall be call at five, ten, fifteen, and twenty feet (or sampled to groundwater). At a minimUnr, the soil samples shall be analyzed using an appropriate method for: benzene, ethyl be !, ne, toluene, xylene, Total Petroleum yoc re The fa 'My shall submit soil monitoring results Hydrocarbons, and a oil and grease.• (urctuding sample locations)to the Wel Ceu .Health Department and Colorado Oil and Gas Conservation Commission. In the vent ' soils exhibit an impact from the facility at a depth greater than five(5)feet from grade, a facility shall: a. Cease accepting contaminated(soil on its, pending review of analytical results by the Weld County Health Department and Colorado Oil and Gas Conservation Commission. b. Notify the Weld County Health Depa 'nt and Colorado Oil and Gas Conservation Commission in writing within fire (5) w 'rking days. 950245 )16954 I i i I 1 ;DEVELOPMENT STANDARDS-H. S. RESOI4RCPS. ` C. [PAGE 3 develop a plan to aim the extent of contamination. This plan a im y the Weld deism- Department and the Colorado Oil and must• tx be app by Gas Conservati Develop a remedial action plan address ng dean-up of the contaminated sal and d. deer a rational p - ' as necessary to abate the impact The plan shall and amend obe '4'e Health Department and Colorado Oil • plan s oben approved ob the i sion prior to accepting additional contaminated soils and Gas Conservation Commission on site. , 1 • groundwater monitoring requirements y be revised and amended at a later date. i3. The and g Department reserves right to require additional environmental The Weld County Health Der 'es that it is necessary- The applicant monitoring requirements its if the facility d rr+n ailment and Department of Planning operyator may request the Weld Coun Ilea , .Pep an adequate demonstration can be Services to amend monitoring requirements, p Weld County Health Department and made of the Irrelevance nn of the mes usgg ro `at the revisions prior to deletion. Department of Planning Services must spprov II eld C unty Health Department, DePa ant of 14. The';owner or operator shall notify thenation Commission a minimum of 90 Planning Services and Colorado Oil and Gas C days prior to closure. • • in accordance with Colorado Oland Gas qg, The owner or operator shall submit a do fiore p application materials to and the Conservation Commission Rule 907 F'nd th I submitted pp Health Department Colorado Oil and Gas Conservation Commis ,n. Weld County r to closure. Department of Planning Services for th it rev" and approval for o the wash pit. 16. The:faciliity shall maintain the approv�operati n and monitoring plan ' 17 Al Car>,strvction on the property shall be in a r .. dance with the requirements at the Weld County Building Code Ordinance. tier risible for complying with the Design lg. The property owner or operator .oning Ordinance. Standards of Section 24.5 of the shallWeld County . operator shaft be res onsible for complying with the Operation 19. The property of owner or 24.6enin Ordinance_ Standards of Section o of the Weld County , g . 950245 • PL0984 • 5eP-eri � ��_�.v�� 2FM H_ EnL`i �E_ • 1 pEVELOPMENTSTANDARDS --4. S. RESOI CES, INC. PAGE 4 •� I ent and Weld County Department-of 20. Personnel nel from the Wll dbe County Health ont the property et any reasonable time in Planning Services shall granted aeeat on ro comply with the Development order to ensure the activities carried out property Standards stated herein and all app .7 We !Regulations. 21. The Special Review area shall be Pun to the lane shown herein and governed by the from the foregoing Standards and all applicable Co Regulations. Majorchanges plans or Development Standards ass o ';stated shall require the approval of an amendment of the Permit by the Weld County planning Commission ion and ant Standards Board a are County Commissioners before such ch es fro .the plans or perrrtttted. Any other changes shall beifiled in office of the Department of Planning Services. • 22. The property owner or operator shall be respo ' e for complying with all of the foregoing Development Standards. Noncompliance with an of the foregoing Development Standards may be reason for revocation of the Penrod by , Board of County Commissioners- • • 950245 PL0984 • ToTa. P.07 EXHIBIT B HS RESOURCES, INC. 1999 BROADWAY, SUITE 3600 DENVER, COLORADO 80202 (303) 296-3600 FACSIMILE (303) 296-360! June 28,2000 Members of the Planning Commission and the Board of County Commissioners of Weld County 915 - 101h Street, P.O. Box 758 Greeley, Colorado 80632 Re: Use by Special Review Application HS Gathering, LLC: Applicant Natural Gas Compressor Station and Station Inlet and Outlet Pipelines Township 3 North, Range 66 West Section 13: W2NE4SE4; E2NW4SE4 Weld County, Colorado Ladies and Gentlemen: HS Resources, Inc. ("HS") owns and operates a Non Commercial Landfarm for oil and gas waste ("Landfarm") in Weld County pursuant to a Use by Special Review from Weld County, USR #1067 ("Landfarm USR"). The Landfarm USR covers 160 acres of property in the SE4 of Section 13, Township 3 North, Range 66 West. HS Gathering, LLC ("Gathering") a wholly owned subsidiary of HS, proposes to construct and install a natural gas compressor station and station inlet and outlet pipelines ("Compressor Station") on forty acres of property that is included in the Landfarm USR and described as the W2NE4SE4 and the E2NW4SE4 of Section 13, Township 3 North, Range 66 West (the "forty acre parcel"). I-IS has filed an application with the County to amend the Landfarm USR to exclude the forty acre parcel,and Gathering has filed an application with the County for a Use by Special Review for the Compressor Station on the forty acre parcel("Compressor Station USR"). The Compressor Station USR identifies Gathering as the Applicant and HS as the fee owner of the forty acre parcel. Please consider this letter as evidence of the agreement of HS to convey the forty acre parcel to Gathering pursuant to a warranty deed substantially in the form attached to this letter as Attachment I at the time that Gathering receives approval from the County of the Compressor Station USR. Very truly yours, HS RESO ES, INC. James Wason K_Land-Supervisor Denver Basin JPW:cl • -ATTACHMENT( WARRANTY DEED TIIIS DEED,dated between HS RESOURCES, INC. of the City and *County of Denver and State of Colorado ,grantorfd and HS GATHERING, I.Tr whose legal address is 1999 Broadway, Suite 3600 of the city and county of Denver. and Slate of Colorado WITNESS,that the ranlogranlcef}I: B I(,P),for and in consideration of the sum of TEN DOLLARS, acknowledged,receipt and sufficiency of which is hereby acknowled ed,has granted,bargained,sold and conveyed,and by these presents does grant,bargain,sell,convey and confirm,unto the rante , and its g NJ1heirs and assigns forever,all the real properly, together with improvements,if any,situate.lying and being in the County of WELD State of Colorado,described as follows: Township 3 North, Range 66 West of the 6th Principal Meridian Section 13: W2NE4SE4; E2NW4SE4 • xatslfldn1301N,Udilifw111Id tilaR Xagfd3lHlg'ilgsMdrdGR 2frWr2'1QQMP4R TOGETHER with all and singular the heredilaments and appurtenances thereto belonging,or in anywise appertaining,the reversion and reversions,remainder and remainders,rents,issues and profits thereof, and all the(mate,light,title,interest,clai n and demand whatsoever of the grantor%,either in law or equity,of,inadd Olt el,�fbMyav`neW� cfsesFs9LlL hARflitlmr£nsanih'ppurtenances;a 'IO IIAVE AND'IC)HOLD the said premises above bargained and described,with the appurtenances,unto the grantee(s), heirs and assigns forever.Die grantoryd,for itsel f and, its heirs and personal representatives,does covenant,grant,bargain and agree to and with the grantedg),and its heirs and assigns,that at the time of the ensealing and delivery of these presents, it is well seized of the premises above conveyed,haS good,sure, perfect,absoluteand indefeas- ible estate of inheritance,in law,in fee simple,and haS good right,full power and 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,saxes, assessments,encumbrances and restrictions of whatever kind or nature soevee except any surface owners agreements between Union Pacific Resources Company and HS Resources, Inc. or any predecessor owners. The grantor(gshall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable posses- sion ofihe grantees), and its heirs and assigns,against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WIIEREOF,the grantor(s)has executed this deed on the date set forth above. HS RESOURCES, INC. By: Its: Attorney-in-Fact STATE OF COLORADO / 55. CITY and County of DENVER The foregoing instrument was acknowledged before me this day of by Witness my hand and official seal. My commission expires: 'If in Denver,inert"City and", Nmary Public Name and Adders,of Person Crewing Newly C,eaied Ind Description(§Jg�$-106.3,C R.5I No.932.Rev,)-98, WARRANtY DFF.D(For Photographic Record) ylffq Bradford Publishing,1743 Want Si.,Denvei,CO 80202--1303)292-2500-4-99 EXHIBIT C TO USE BY SPECIAL REVIEW AMENDMENT APPLICATION Township 3 North, Range 66 West Section 13: SE4SE4; SW4SE4; E2NE4SE4; W2NW4SE4 Weld County, Colorado USE BY SPECIAL REVIEW Non Commercial Landfarm For Oil and Gas Waste SE/4 Section 13, T3N, R66W Prepared for: Weld County Department of Planning Session Prepared By: HS Resources, Inc. Denver, Colorado September 29, 1994 TABLE OF CONTENTS Section Page 1.0 INTRODUCTION 1-1 2.0 BACKGROUND INFORMATION 2-1 2.1 LANDFARM OPERATOR 2-1 2.2 LANDFARM LOCATION 2-1 2.3 CURRENT LAND USE 2-1 2.4 LOCAL GEOLOGY AND HYDROGEOLOGY 2-2 2.4.1 ' Soil Types and Shallow Geology 2-2 2.4.2 Ground Water 2-3 2.4.3 Surface Water Features 2-4 - 3.0 LANDFARM OPERATIONAL PLAN 3-1 3.1 TYPES OF WASTE TO BE TREATED 3-1 3.1.1 Hydrocarbon-Stained Soil 3-1 3.1.2 Fresh Water-Based Bentonitic Drilling Mud 3-2 3.1.3 ydrocarbon-Affected Frac Sand 3-3 3.2 WASTE CHARACTERIZATION 3-4 3.3 OUTLINE OF LANDFARMING METHOD 3-4 3.3.1 Land Treatment Plot 3-4 3.3.2 Tilling and Moisture Addition 3-5 3.3.3 Nutrient Addition 3-5 3.3.4 Land Treatment Performance Monitoring= 3-6 3.3.5 concrete-Lined Wash Pit 3-6 3.4 RECORD KEEPING 3-7 3.5 SITE SECURITY 3-7 3.6 SPILL RESPONSE PLAN 3-7 TABLE OF CONTENTS Section Page 4.0 ENVIRONMENTAL MONITORING PLAN 4-1 4.1 GROUND WATER MONITORING 4-1 4.2 SOIL TESTING 4-2 5.0 CLOSURE PLAN 5-1 6.0 RECYCLING OPTIONS 6-1 7.0 REFERENCES 7-1 TABLES FIGURES _ APPENDIX A - WELD COUNTY USE BY SPECIAL REVIEW QUESTIONNAIRE APPENDIX B - REAL ESTATE CONTRACT APPENDIX C - SITE PHOTOGRAPHS APPENDIX D - SOIL SURVEY APPENDIX E - USR PERMIT PLAT EXECUTIVE SUMMARY HS Resources, Inc. (HSR) proposes to operate a Landfarm in the SE/4 of Section 13, Township 3 North, Range 66 West, approximately 5 miles east of Platteville, Colorado. The proposed Landfarm will be a noncommercial, centralized facility for the treatment and recycling of nonhazardous exploration and production (E&P) wastes generated at HSR well sites throughout Weld County. The proposed Landfarm will provide HSR with a cost-effective, environmentally-sound method of treating and recycling E&P wastes, will minimize the volume of wastes that would otherwise require disposal at a County landfill or at individual well sites, and will provide the opportunity for cooperation between HSR and the agricultural community through a series of pilot programs to be performed in coordination with the Weld County Extension Office. The land treatment technique proposed for this Landfarm utilizes naturally occurring bacteria that biodegrade hydrocarbons in E&P waste soil, sand, and drilling mud. Biodegradation is enhanced by thin-spreading and tilling the waste materials, adding moisture and nutrients as needed to promote the biological activity. The location proposed for HSR's Landfarm was selected to minimize potential effects of land treatment activities on productive agricultural land, the public, and the environment. Soils at the site are of marginal agricultural value, shallow ground water and other sensitive environmental receptors are not present, and the area is already utilized extensively for other oil and gas activities. The proposed HSR Landfarm plan conforms with many of the goals and policies outlined in Weld County's Comprehensive Plan: • No net loss of productive agricultural land is involved; • The 160 acre tract of land being considered is to be left in an open space condition and could easily be converted to agricultural or other open space use when landfarming activities are suspended; • Use of the parcel for landfarming will preserve the area from scattered urban-type development; • The Landfarm will be operated in a manner that minimizes effects to the County's natural resources, including water, soil, air, and wildlife; and, • The waste minimization and recycling techniques proposed will reduce the volume of waste that might otherwise strain the County's solid waste disposal capabilities. A completed Use by Special Review Questionnaire and Plat are included as Appendices to this proposal. 1.0 INTRODUCTION HS Resources, Inc. (HSR) has prepared this Use by Special Review Permit application to the Weld County Department of Planning Services for operation of a Landfarm for centralized, noncommercial land treatment and recycling of nonhazardous exploration and production (E&P) wastes. This permit application has been compiled in accordance with the Weld County Site Specific Development Plan, Use by Special Review Information Packet (Appendix A), the Weld County Comprehensive Plan dated March 24, 1992, the Weld County Zoning Ordinance, and the Colorado Oil and Gas Conservation Commission (COGCC) Rule 907 for Offsite Noncommercial Treatment of E&P Wastes. HSR is also submitting a permit application directly to COGCC for the proposed Landfarm, as required by COGCC Rule 907. The HSR Landfarm'will utilize proven, natural, land treatment techniques to treat and recycle selected nonhazardous E&P wastes associated with drilling, production, and site reclamation activities being conducted by HSR throughout Weld County. The proposed Landfarm will: • Provide HSR with a cost-effective, environmentally-sound method for dealing with E&P waste materials; • Promote communication and understanding between the agricultural and oil and gas communities through a series of cooperative efforts planned with the Weld County Extension Office that will investigate beneficial uses of some E&P wastes; • Minimize through recycling the volume of waste that would otherwise need to be disposed of either at the individual well site or a commercial disposal facility in Weld County; and, • Preserve a 160 acre tract of open space from non-agricultural, scatter-type urban development. 1-1 The remaining sections of this proposal present background information on the proposed Landfarm location, including a review of area geology, hydrogeology, and land use; a Landfarm Operating Plan, including the types and volumes of materials to be treated and recycled, waste profiling, an outline of the land treatment techniques to be employed, record keeping, site security, and spill response procedures; an Environmental Monitoring Plan for soil and ground water at the site; and a Closure Plan. Figures and Appendices to the proposal include site locations maps and diagrams, a completed Use by Special Review Questionnaire and supporting documents; an executed real estate contract for the property, site photographs, an excerpt from the USDA Soil Conservation Service (SCS) soil survey of the site; and a Use by Special Review Plat. 1-2 2.0 BACKGROUND INFORMATION The location for the proposed Landfarm was selected with the intent of minimizing impacts to prime agricultural land, to minimize possible effects to soil, ground water, and surface water resources, as well as any nuisance effects to County residences, and to locate the land treatment site in an area already used extensively for oil and gas production activities. Presented below is a review of the proposed Landfarm location, adjacent land use, and the geologic and hydrogeologic conditions in the area. 2.1 LANDFARM OPERATOR The proposed Landfarm will be owned and operated by HS Resources, Inc. (HSR) as a noncommercial facility. HSR's Environmental Affairs Department will have the primary responsibility for operation, management, and monitoring at the Landfarm. HSR is a publicly held oil and gas exploration and production company that has been active in Weld County for over ten years. HSR is one of the largest oil and gas operators in the Wattenberg field and has a significant acreage position. HSR (formerly known as Elk Exploration) employs approximately 75 people in our Evans, Colorado office, as well as a similar number in our Denver office. 2.2 LANDFARM LOCATION The proposed Landfarm will be located on a 160 acre parcel being purchased by HSR in the SE/4 of Section 13, Township 3N Range 66W, approximately 5 miles east of Platteville, Colorado (Figure 1 and Appendix B). The parcel is bounded on the south by Weld County Road (WCR) 32, which is paved, and to the east by WCR 37, which is a light duty dirt road. 2.3 CURRENT LAND USE The 160 acre parcel being proposed for the Landfarm is undeveloped range and grazing land. According to the current property owner, the land has not been cultivated since at least 1979. Field observations, comments made by the current property owner and others familiar with the 2-1 area, and a review of historical aerial photographs suggest that there has been only limited cultivation in the past 25 years (Appendix C). / The HSR parcel and surrounding area are extensively developed for oil and gas production. X „/ Four oil and gas wells, three crude oil storage tank batteries, and several pipeline/gathering system manifolds are located within the 160 acre parcel. Several natural gas gathering systems \ and associated right-of-ways also cross the property. Adjoining land is used for grazing, limited agricultural development, oil and gas production, and light density residential development. The Landfarm parcel is bounded: to the north by undeveloped range and grazing land, with oil and gas wells and tank batteries; to the west by cultivated agriculture, range/grazing land, oil and gas development, and several houses; to the south by WCR 32, with range/grazing land, oil and gas development, and a single residence beyond; and to the east by range/grazing land, oil and gas wells and a tank battery, and a house. The nearest residential structures to the proposed HSR Landfarm are located approximately 500 feet (ft) west and 1,200 ft east of the section boundary (Figure 2). 2.4 LOCAL GEOLOGY AND HYDROGEOLOGY 2.4.1 Soil Types and Shallow Geology The proposed Landfarm is located in an area of flat rangeland and gently rolling hills with a surface elevation ranging from approximately 5,010 to 5,060 ft above sea level. The relatively highest points are found in the western half of the parcel, with the ground surface sloping gently to the east. The eastern half of the parcel, within which most of the proposed land treatment activities will be performed, is nearly flat lying. Soils underlying the site include well sorted fine- to medium-grained sand, loamy sand, and sandy loam. The dominant soil types present in the parcel are included in the Valent-Vona- Osgood soil mapping unit, comprised of deep, well drained, nearly level to moderately sloping 2-2 sands and sandy learns formed in eolian deposits (Crabb, 1980). According to the SCS, this soil type is used primarily for rangeland, with some small areas used for irrigated and non-irrigated cropland. The predominant sandy texture limits the soil's use for most agricultural development. The specific soil types mapped in the 160 acre HSR parcel include the Valent sand, Vona loamy sand, Vona sandy loam, and sparse Shingle-Renohill loam complex. The sandy soils exhibit rapid permeability, slow surface runoff, moderate available water capacity, and low erosive hazard (Appendix D). Underlying the sandy soils is approximately 20 ft of unconsolidated, Quaternary eolian sand deposits (Tweto, 1979). Soil borings drilled by HSR at the property encountered medium brown to yellowish brown, well sorted, fine- to medium-grained sand that contains sparse pebbles and rootlets. A two ft thick, soft to firm, dry, medium gray clay layer was encountered in the borings at a depth of approximately 15 to 17 ft. Sand encountered above and below this clay layer were slightly moist to dry. The unconsolidated deposits are underlain by hard to friable claystone and siltstone of the Cretaceous Laramie formation (Tweto, 1979). Depth to bedrock in the soil borings drilled at the site ranged from approximately 15 to 25 ft below the ground surface. The upper two to three ft of bedrock appeared to be weathered and friable but did not contain any detectable ground water. 2.4.2 Ground Water The HSR Landfarm parcel occurs in an area mapped by the U.S. Geological Survey (USGS) as containing localized ground water in colluvial, landslide, windblown, and poorly consolidated bedrock deposits (Hillier, 1979a). These isolated water table aquifers are generally not perennially saturated, are concentrated near surface water streams and creeks, and generally occur at depths ranging from 5 to 20 ft below the ground surface. Ground water was not encountered in borings drilled at the site that were completed as ground water monitoring wells. The borings/monitoring wells were drilled to auger refusal in bedrock at depths ranging from 2-3 20 to 25 ft and the wells were left in place to monitor possible seasonal changes in ground water conditions. Although water wells completed in water table aquifers in this area are generally capable of producing sufficient water for domestic and some commercial uses (less than 50 gallons per minute), the quality of the water is relatively poor (Hillier, 1979b). Total dissolved solids (TDS) concentrations in these water table aquifers is greater than 500 milligrams per liter (mg/I) and commonly greater than 1,500 mg/l. The Fox Hills Sandstone constitutes the principle ground water aquifer in the area. The Fox Hills is present at a depth greater than 300 ft and contains relatively poor quality water, with an average TDS concentration in this area is greater than 1,000 mg/1 (Repplier, et al, 1981). Five permitted water wells are located within Section 13, one of which belongs to the current property owner and is located within the boundaries of the HSR Landfarm. The Colorado Division of Water Resources master well list only reports completion information and water levels for two of these five wells. Both are completed in the bedrock aquifer and have reported water levels of 91 and 240 ft (Table 1). Numerous permitted water wells are present to the east of the proposed Landfarm property that report water levels of approximately 20 to 50 ft below the ground surface. The presence of shallower ground water east of the Landfarm property is interpreted to be related to topographically lower ground elevations. The proposed HSR Landfarm is located on one of the highest points in the surrounding area and may be positioned above the elevation of the alluvial aquifer. 2.4.3 Surface Water Features The nearest surface water feature in the area is the West Speer Canal, which is located in the SW/4 of Section 13. An abandoned section of the East Speer Canal crosses the eastern portion of the SE/4 of Section 13. Field observations and comments by the property owner and others 2-4 familiar with the area suggest that the abandoned channel has not been used for irrigation or transport purposes for at least the past 15 years. According to flood plain maps maintained by the Weld County Department of Planning Services and maps published by the USGS (McCain and Hotchkiss, 1975), the proposed Landfarm does not occur in a flood hazard area. 2-5 3.0 LANDFARM OPERATIONAL PLAN The proposed HSR Landfarm will treat and recycle only nonhazardous, low toxicity drilling and production waste materials according to standards for centralized, noncommercial land treatment established by COGCC and the U.S. Environmental Protection Agency (EPA)/Interstate Oil and Gas Compact Commission (IOGCC). Outlined below is the operational and management plan for the proposed Landfarm. 3.1 TYPES OF WASTE TO BE TREATED The HSR Landfarm will only treat nonhazardous, low toxicity E&P waste materials derived from HSR-operated drilling and production sites in Weld County. The types of wastes to be treated and recycled are (Table 2): • Hydrocarbon-stained soil from spills, production pit closures, and other site reclamation activities; • Fresh water-based bentonitic drilling mud; and • Hydrocarbon-affected "frac" sand associated with completion of oil and gas wells. The proposed HSR Landfarm will not receive any materials that are listed and defined as hazardous wastes under Subtitle C of the Resource Conservation and Recovery Act (RCRA). 3.1.1 Hydrocarbon-Stained Soil Hydrocarbon-stained soil commonly occurs at oil and gas production sites associated with unlined production pits used for produced water storage and evaporation, from spills and releases at well heads and tank batteries, and other sources. HSR typically treats hydrocarbon-stained soil in place when relatively minor quantities of hydrocarbons are involved, according to COGCC Rule 906. However, many surface owners prefer that spills and other operation-related soil staining be remediated as quickly as possible. This is especially true in the case of well sites that are being plugged and abandoned (P&A) and the surface owner wishes that the site be restored more rapidly than onsite land treatment would allow. Since onsite land treatment of oil-stained soil 3-1 can take up to twelve months or more to complete, offsite disposal and treatment options are often more attractive to both HSR and the surface owner when time constraints are a major factor. Hydrocarbon-stained soil will constitute one of the three waste materials treated at the Landfarm. The volume of soil requiring treatment will vary according to operational parameters such as occurrence of spills, the number of wells scheduled for P&A, and the number of production pits to be closed. At present, HSR has identified approximately fifty unlined production pits and concrete tanks in the Wattenberg and Waite Lakes areas that it intents to close within the next year. The pits and tanks are part of a recent acquisition of oil and gas properties by HSR. Although these pits and tanks are in compliance with COGCC rules and regulations, HSR has decided to replace them with above ground steel tanks in order to bring the well sites up to the standard of other HSR operations in the area. The pit closure program will generate approximately 1,000 to 1,500 cubic yards of hydrocarbon- stained soil requiring treatment or disposal. HSR intends to treat and recycle the soil over a one year period and will use treated soil as backfill for excavated pits. Initial hydrocarbon concentrations in the untreated soil ranges from less than approximately 500 ppm to over 20,000 ppm. HSR will treat the soil until hydrocarbon concentrations are reduced to less than 1,000 ppm, in accordance with target hydrocarbon levels being proposed by COGCC. Soil to be used as backfill in areas with shallow ground water will be treated to the appropriate Remedial Action Category (RAC) levels adopted by the Colorado Department of Health (CDH). 3.1.2 Fresh Water-Based Bentonitic Drilling Mud Fresh water-based bentonitic drilling mud (WBBDM, drilling mud) is composed of fresh water, bentonite clay, and trace quantities of nontoxic chemical additives. Minor amounts of hydrocarbons may also be present in cases where the drilling mud comes into direct contact with a hydrocarbon-bearing formation during drilling of the well. 3-2 Drilling mud is typically discharged to area farmland as a means of increasing the clay content and water holding capacity of sandy soil. This type of disposal is performed with the permission of the land owner under COGCC Rule 911. However, some land owners prefer that drilling mud be removed from the location. HSR intends to apply some drilling mud to the Landfarm to provide moisture for land treatment and composting projects. Application of drilling mud directly to rangeland soil within the Landfarm is also planned as part of a cooperative pilot study proposed with Jerry Alldredge of the Weld County Extension Office to investigate beneficial agricultural use and the effects of fresh water drilling mud on rangeland soil. HSR generates approximately 4,000 barrels (bbl, 1 bbl = 42 gallons) of drilling mud for each oil and gas well drilled in the Wattenberg area. One hundred twenty five new oil and gas wells are planned for the area in 1995, generating an estimated 500,000 bbls of drilling mud. The actual volume of drilling mud to be disposed of at the Landfarm is unknown. HSR intends to continue applying the drilling mud to cropland on location whenever possible. Application of drilling mud at the Landfarm will be conducted in a manner that prevents ponding, pooling, runoff, or saturated soil. This effort will be augmented by the sandy, permeable nature of area soils that typically limits runoff and allows for rapid infiltration of water. 3.1.3 Hydrocarbon-Affected Frac Sand "Frac" sand is sand that is pumped down a well during completion or "fracturing" of the oil and gas-bearing formation. The sand helps to enlarge fractures in the hydrocarbon-bearing formation and also keeps the fractures open. Variable quantities of this sand are then produced back out of the well bore. Produced frac sand contains silica sand, a nontoxic gel solution, and minor quantities of hydrocarbons that are produced from the well and mix with the sand. HSR intends to drill and recomplete a total of approximately 250 well sites in 1995. Each well is expected to produce approximately 10 cubic yards of frac sand that will require treatment or disposal. The total volume of frac sand that will be treated and recycled at the Landfarm in 1995 is approximately 2,500 cubic yards. 3-3 3.2 WASTE CHARACTERIZATION All E&P waste materials to be treated and recycled at the HSR Landfarm will be analyzed prior to transport to the facility to ensure that the materials are nonhazardous and conform with COGCC guidelines. The wastes will be analyzed for: • Benzene, toluene, ethylbenzene, and xylene (BTEX); • Total Petroleum Hydrocarbons (TPH); • Oil and Grease; • RCRA Metals; and, • Total Dissolved Solids (TDS). All samples collected for waste characterization will be analyzed by a Colorado-certified laboratory using U.S. EPA-approved methods. COGCC requires that TPH concentrations in the thin-spread materials be kept below 50,000 parts per million (ppm). COGCC also requires that limits be maintained on metals concentrations, including: 100 mg/kg for arsenic; 2,000 mg/kg for barium; 20 mg/kg for cadmium; 100 mg/kg for chromium; 100 mg/kg for lead; 4 mg/kg for mercury; 20 mg/kg for selenium; and 100 mg/kg for silver. 3.3 OUTLINE OF LANDFARMING METHOD Soil, sand, and drilling mud will be treated at the Landfarm using land treatment techniques that have been proven to be environmentally-safe, cost efficient, and effective at reducing hydrocarbon concentrations by enhancing natural bacterial breakdown of the hydrocarbons. HSR proposes to employ natural, in situ bacteria to degrade the hydrocarbons by augmenting their growth through addition of oxygen, water, and nutrients. 3.3.1 Land Treatment Plot Each load of material to be land treated will be placed in a discrete plot separated from other soil, sand, etc... being treated at the site. The material will be placed on a relatively flat area 3-4 and thin-spread to a depth not to exceed one ft. An earthen berm will be built around the thin- spread soil to prevent runon and runoff from impacting the land treatment plot. Access to each plot will be sufficient to allow for movement of a backhoe or tractor necessary for periodic tilling and moisture addition. Appropriate nutrients will also be added to the thin spread material in the form of commercial fertilizer. 3.3.2 Tilling and Moisture Addition The thin spread soil/sand will be tilled at least once each month and as often as weekly to promote aeration of the soil and enhanced biodegradation. Water will also be added to the soil/sand as needed to maintain the moisture content at approximately 10 to 15 percent. Soil moisture levels will be measured weekly using a hand-held soil moisture meter. Care will be taken during tilling and moisture addition to prevent unnecessary pulverization of the soil/sand, to limit dust emissions, and to prevent water saturation. To limit dust emissions, tilling will not be performed when wind speeds exceed 25 miles per hour. Excess watering will be avoided to prevent pooling, ponding, runoff, and infiltration. Also, excess moisture can retard growth of the bacteria being utilized to degrade the hydrocarbons. 3.3.3 Nutrient Addition HSR will perform a nutrient analysis of the various waste materials being treated at the Landfarm to determine if additional nutrients are needed to promote biodegradation. If results of this analysis suggest that additional nutrients are required to promote bacterial activity, the soil will be amended with a commercial fertilizer that contains potassium, nitrogen, phosphorous, and trace elements. These additional nutrients will be tilled into the soil when it is originally thin- spread at a rate of approximately one pound of fertilizer per cubic yard of soil/sand being treated. This nutrient addition will increase the rate of hydrocarbon biodegradation. 3-5 3.3.4 Land Treatment Performance Monitoring Decreases in hydrocarbon levels will be monitored on a weekly basis in the field using a photoionization detector (PID). A composite sample will be collected from the thin-spread plot and placed into a sealable container. The sample will be allowed to reach ambient temperature and the headspace of the container will be probed with the PID, providing a semi-quantitative measure of volatile hydrocarbon concentrations in the soil. pH will also be monitored periodically and the pH level within the thin-spread material will be maintained between 6.5 and 9.0 to foster biodegradation and maintain a balanced pH in underlying soil. When field PID results suggest that hydrocarbon concentrations have decreased to a target level or approximately 500 to 1,000 ppm, a composite sample will be collected for laboratory analysis. The laboratory analytical results will be used to confirm that hydrocarbon concentrations in the thin-spread soil have,been reduced to acceptable levels and the soil/sand will be removed from the Landfarm and recycled for use at another HSR facility (Section 6.0). _ 3.3.5 Concrete-Tined Wash Pit Frac sand will be delivered to the Landfarm in 500 bbl tanks that are carried on the back of a truck. HSR intends to construct a double lined concrete wash pit at the Landfarm that will allow the sand to be washed out of the tank, removing excess hydrocarbons for offsite disposal (Figure 3). The pit will measure approximately 20 ft long, 10 ft wide, and a maximum of 8 ft deep. The floor of the concrete-lined pit will slope down from one side, allowing the truck to back into the pit, where the sand will be washed out with a high pressure water hose. Water and hydrocarbons will be removed from the pit by a vacuum truck for offsite disposal using approved techniques. The sand will then be scooped out of the pit and thin-spread for treatment. HSR intends to over-excavate the hole required for the concrete pit and will line the outside of the hole with an impermeable clay liner that will contain any fluids that might leak from the pit. A sand and gravel bed will be placed over the clay liner to form a sump for collection of any 3-6 released fluids. A PVC monitoring and recovery well will be placed in the sump between the concrete and clay liners. Fluid levels will be monitored in the sump on a weekly basis and any water or hydrocarbons detected will be promptly removed and the source of the leak identified and corrected. 3.4 RECORD KEEPING HSR will maintain records pertaining to the Landfarm operation. A duplicate set of records will be kept in HSR's Corporate Environmental Files in Denver and at our field office in Evans, Colorado. The records will be maintained for the duration of Landfarm operation and for at least three years following closure and site reclamation. The records will include: • A copy of all approved permits; • Dates, sources, volumes, waste characterization data, tillage dates, dates of moisture and nutrient addition, and all field and laboratory analytical results for all materials treated at the Landfarm, and the final disposition of the treated material; • Concrete wash tank inspection records; • Results of periodic soil and ground water monitoring; and, • Any incidents, spills, or emergency response related to the Landfarm. 3.5 SITE SECURITY HSR will construct a six ft high, chain link fence around the perimeter of the Landfarm to prevent unauthorized access. The perimeter fence will include at least two gates located along the property's east side, adjacent to present lease roads. A dirt road serving as a fire lane will _lit constructed inside the fence along the outside margin of the active Landfarm area. In addition to the perimeter fence, HSR will visually inspect the Landfarm at least once a week. 3.6 SPILL RESPONSE PLAN HSR maintains a formalized spill response and reporting plan for all of its production facilities, which will be expanded to include the Landfarm. The plan includes guidance on mitigating a 3-7 spill or release and notification of the appropriate regulatory authorities. In general, the most common material involved in a reportable spill would be crude oil or condensate, neither of which will be stored at the Landfarm. \All spill reporting and remedial-aetiens-will be the responsibility of HSR's Environmental ffairs Manager___ 3-8 4.0 ENVIRONMENTAL MONITORING PLAN HSR plans to implement a formal environmental monitoring program at the Landfarm to provide ongoing documentation of soil and ground water conditions at the site. Outlined below are the major components of HSR's Environmental Monitoring Plan. 4.1 GROUND WATER MONITORING Although ground water was not identified in soil borings drilled by HSR at the proposed Landfarm site, we intend to install a number of ground water monitoring wells to document possible seasonal changes in ground water conditions. The wells will be located in upgradient and downgradient locations proximal to the active land treatment areas, as well as around the double-lined concrete wash pit described in Section 3.3.5. The monitoring wells will be installed in soil borings drilled into bedrock at a depth of approximately 20 to 25 ft below the ground surface. The wells will be constructed of one to two inch PVC according to standards for monitoring well construction established by the State Engineer. Each of the wells will be equipped with a locking cap to prevent unauthorized access. All well will be permitted with the State Engineer. Water table levels will be measured on a monthly basis. If ground water is encountered in the wells, quarterly sampling of ground water will be conducted for laboratory analysis of BTEX and TPH. HSR will prepare water table maps and quarterly analytical reports that will become part of the Landfarm records. If hydrocarbon compounds are detected in ground water beneath the site, land treatment activities will be suspended pending identification of the source of the hydrocarbons and initiation of appropriate corrective actions and notification of Weld County and CDH. 4-1 4.2 SOIL TESTING HSR will sample shallow soil beneath active land treatment areas on an annual basis. Soil samples will be collected from depths ranging from 5 to 20 ft below the ground surface for visual observation, field analysis of hydrocarbon concentrations using a PID, and laboratory analysis of BTEX and TPH. COGCC regulations require that hydrocarbon impacts to soil underlying the treatment area be limited to the upper 5 ft below the ground surface. As with the ground water sampling results, HSR will maintain a record of the soil sampling and analytical results and will take whatever corrective action is appropriate to mitigate adverse effects to soil at the site. 4-2 5.0 CLOSURE PLAN 0 \ ` , HSR does not anticipate closing the Landfarm in the foreseeable future. Nevertheless, we have prepared a closure plan for the site that outlines the steps to be taken to return the land to its natural condition in the event land treatment activities are suspended. The general requirements of the Closure Plan include: • The Landfarm will be closed in the event that no E&P waste materials are treated or recycled at the site for more than a one year period, unless HSR has sought and received the approval of Weld County and COGCC; • A physical and chemical analysis of soil at the site, utilizing the analytical set outlined in Section 3.2, that documents soil conditions at closure; • Treated soil/sand remaining at the site will not contain hydrocarbons in excess of 1,000 ppm (measured by the oil and grease method) and the pH will be between 6.5 and 9.0; • The total metals concentrations in soil will not exceed the levels outlined in Section 3.2; • HSR will perform appropriate corrective action to remediate impacts to soil and ground water to acceptable levels; • The Plan will include a description of the site's operation history, including dates of operation, treatment methods employed and waste types treated or recycled, and the source and amounts of E&P waste materials accepted; 5-1 • A site map showing the areas used for land treatment, dates of the treatment, types, sources, and amounts of waste land treated, and the fmal contours of the site after all treated materials are removed; • An evaluation of the site's potential to impact waters of the state; and, • All improvements or equipment onsite, including the concrete wash pit, will be removed. HSR will maintain the monitoring wells onsite for a period of one year after closure to document ongoing ground water conditions post closure. All fences and gates will be left in place during closure operations. • 5-2 6.0 RECYCLING OPTIONS One of the purposes of HSR's proposed Landfarm is to recycle waste materials whenever possible and to minimize the volume of waste that would otherwise require disposal. HSR intends to achieve this recycling by reusing treated soil and sand at other HSR well sites and facilities in Weld County and by working with Jerry Alldredge of the Weld County Extension Office to find other beneficial uses for these materials, including agricultural uses. Potential uses for treated soil and sand that have been identified by HSR so far include: • Road base for lease roads; • As construction materials for earthen berms around crude oil storage tanks; • As backfill material for excavated production pits, concrete sumps, etc...; • Fresh water-based bentonitic drilling mud can be applied under controlled conditions on sandy rangeland soils to improve water holding capacity and suitability for crops; • Soil, sand, and drilling mud could be added to locally-derived manure and crop debris to make an organic-rich compost that could have agriculture-related applications; and, • Other uses developed through a cooperative effort with the County. 6-1 7.0 REFERENCES Crabb, J.A., 1980; Soil Survey of Weld County, Colorado, Southern Part: USDA Soil Conservation Service. Hillier, D.E. and Schneider, P.A., 1979a; Depth to the Water Table in the Boulder-Fort Collins- Greeley Area, Front Range Urban Corridor, Colorado: US Geological Survey Map I-855-I. Hillier, D.E. and Schneider, P.A., 1979b; Well Yields and Chemical Quality of Water from Water-Table Aquifers in the Boulder-Fort Collins-Greeley Area, Front Range Urban Corridor, Colorado: US Geological Survey Map I-855-J. McCain, J.F. and Hotchkiss, W.R., 1975; Map Showing Flood-Prone Areas, Boulder-Fort Collins-Greeley Area, Front Range Urban Corridor, Colorado: US Geological Survey Map I- 855-E. Repplier, F.N., Healy, F.C., Collins, D.B., and Longmire, P.A., 1981; Atlas of Ground Water Quality in Colorado: Colorado Geological Survey Map Series No. 16. Smith, R.O, Schneider, P.A., and Petrie, L.R., 1964; Ground Water Resources of the South Platte River Basin in Western Adams and Southwestern Weld Counties, Colorado: US Geological Survey Water Supply Paper No. 1658. Tweto, O., 1979; Geologic Map of Colorado: US Geological Survey. 8-1 TABLES TABLE 1 WATER WELLS WITHIN 0.5 MILE OF THE PROPOSED LANDFARM SE/4 Section 13, Township 3 North, Range 66 West Location Well Depth (ft) Water Level (ft) NESW 13 3N 66W ---- ---- SENW 13 3N 66W ---- ---- SENW 13 3N 66W 389 91 NESE 13 3N 66W ---- ---- SWSW 13 3N 66W 440 240 NWNW 18 3N 66W ---- ---- NWNW 18 3N 66W 58 23 NWNW 18 3N 66W 41 16 NWNW 18 3N 66W 44 17 NWNW 18 3N 66W 42 18 NWNW 18 3N 66W 62 30 SWNW 18 3N 66W 60 26 SWNW 18 3N 66W 60 20 SWNW 18 3N 66W 40 18 NESW 18 3N 66W 56 17 NESW 18 3N 66W 63 17 NESW 18 3N 66W 57 17 NWSW 18 3N 66W 58 16 NWSW 18 3N 66W 55 20 NWSW 18 3N 66W 60 16 NWSW 18 3N 66W 55 17 NWSW 18 3N 66W 45 21 NWSW 18 3N 66W 30 22 NWSW 18 3N 66W 40 21 SESW 18 3N 66W ---- ---- SESW 18 3N 66W ---- ---- SESW 18 3N 66W 60 ---- SESW 18 3N 66W 60 25 SESW 18 3N 66W 53 17 SESW 18 3N 66W 70 26 SWSW 18 3N 66W 40 13 SWSW 18 3N 66W 58 16 NENW 19 3N 66W 59 19 NENW 19 3N 66W ---- NENW 19 3N 66W 32 12 NWNW 19 3N 66W 57 17 TABLE 1 (CONTINUED) WATER WELLS WITHIN 0.5 MILE OF THE PROPOSED LAN])FARM SE/4 Section 13, Township 3 North, Range 66 West Location Well Depth (ft) Water Level (ft) NWNW 19 3N 66W 36 12 SENW 19 3N 66W 60 17 SENW 19 3N 66W SENW 19 3N 66W SWNW 19 3N 66W 250 Taken from Colorado Division of Water Resources Master Well List. ---- Data not reported. FIGURES R r '. W WCR R 65 W _ / I JOEL D. & GAYLE M. DEP'T. OF TRANSPORTATION JERROLD J. WARDELL 1/z , GRAF (FEDERAL AVIATION ANNA E. WARDELL t ADMINISTRATION • ,• • Oil wellI / /Oil well Q Tank I i iIRRIGATED battery I / AGRICULTURAL I Tank battery i� LAND • RANGELAND _'r }-• •Ho s lank battery N. a Oil well •OlfwelI Oil • V • well• Pond i Tonle battery — House �� I iank battery I oak J 13 -i RANGELANO 01 ;. 18 \MAUDE L. BROTEMARKLEA H S RESOURCES, INC. i../- • ^ •.``" , / oil well I Oil . JP Oil well O11 w�,� •--�• manifold O i� 1 well �S\ .. c A P N manifold,/ / . I �O �q �/ q Tank oil well o�F�/ tiq fA!LOW o Tank `. '- r O battery manifoid AGR/CULTURAL botrery Tank ' �ankbatter • 3 (AN0 battery,. Y I '-'"\ tie/C: N CTh-t well SQ/ oil well •7 •s`` • • Oil well J E51 �•• / Oil well Oil well Tank N/'\� Tank/ 3 — taRery /\ House T battery 11� di House \ ° 9 IL 1 WCR 12 �� manifold O I. ! ❑ Tank HANS L. & wells k ouse H battery well• 0 MAUDE E. MAXINE I. -• ' • House JOHNSON ---' TERRY Oil well "� /}I fA(!OW AG. fA(!OW FALLOW AGRICULTURAL AGR/CULT URA L ® .' RANGELAND d d Tank battery • P/ \` RANGELAND RANGELAND Oil well (, Oil well \ ABANDON � ' • •------ �•---- Tank battery Oil well • Oil well /0 • Tank • Oil wells \ battery • • 24 19 'N. PLAT SCALE : 1" = 1,OOO' VICINITY MAP WELD COUNTY, COLORADO it, 0_ _800 1000 1 7000 I— GRAPHIC SCALE IN FEET FOR II\ 0 in 1/4 117 GRAPHIC SCALE IN MILES USE BY SPECIAL REVIEW 1 PERMIT MAP PAPCZL PnOPOSF1a FOR THE a a 1. 1• Ilea ov ener,Al manna- ae,nnu NATIVE SOIL SAND MONITORING WELL CLAY LINER / CONCRETE LINER ___ \ \ , _. - _ 20' •— FIGURE 3 CONCEPTUAL SCHEMATIC CONCRETE-LINED PIT Prepared For: 0 2 USE BY SPECIAL REVIEW WELD COUNTY DEPARTMENT OF PLANNING SCALE IN FEET Prepared By: (Approximate) Its RESOURCES, INC. FII. No.: NSRES/00I DENVER, COLORADO __ J 49441_ \ 495 4978 t /_ 1 ' 1 - ---, -2-1/00: •••• \, v i� ; rr 11 �' biI I l A /' � , �5030i •�_ 930-- Win ill g i I I Ki: r �� C. `J"�=_=_ -.4958 ___________j 3033 _ o \ \ ('9 1\l p \ NJ-%a O Sa551G u00 • p p ^y, ` `. ; K4 73 \ 1 5,-,,, K• - - 1:.8 �(J2 .e,e U 15000 1— G1s 00 / 4 A .. ' b SiTh ( 0 0 fr i10 FIGURE 1 LOCATION MAP HSR LAND TREATMENT FACILITY SCALE: 1 : 24,000 SE/4 SEC. 13, T 3N-T66W 0 1/2 1 MILE Prepared For: RULE 907 PERMIT 0 1000 2000 3000 4000 5000 FEET COLORADO OIL & GAS CONSERVATION COMMISSION Prepared By: HS RESOURCES, INC. SOURCE: U.S.G.S. 7.9 MIN TORO MAP DENVER, COLORADO APPENDIX A WELD COUNTY USE BY SPECIAL REVIEW QUESTIONNAIRE USE BY SPECIAL REVIEW APPLICATION Department of Planning Services, 1400 N. 17th Avenue. Greeley, Colorado 80631 Phone - 353-6100 - Ext. 3540, Fax !1 (303) 351-0978 TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature) LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: Section 1'1 SF. 1 /4 T_3_____N, R AF, W TOTAL ACREAGE ibU PRESENT ZONE Floodzone C OVERLAY ZONE N/A PROPOSED USE Land Treatment Facility SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW PERMIT: Name: Kenneth I. and Joyce L. Riddle Address: 532 North Louisa City/State/Zip: S,baungip, OK 74801 Home Telephone: (LAS) 2t5-14/6 Business Telephone: Name: Address: City/State/Zip: Home Telephone: Business Telephone: -- APPLICANT OR AUTHORIZED AGENT (if different than above) : Name: Pat Flynn, Fnvirnnmental Affairs Mana pr HS Rasniirr c rnr- Address: 1999 Broadway. Suite 'ififfl City/State/Zip: Denveri CO 80202 Home Telephone: _ Business Telephone: (30.)) 296-3600 I hereby state that all statements and plans submitted with the application are true and correct to the best of my knowledge. Signatur . Owner or Authorized Agent APPENDIX B • REAL ESTATE CONTRACT The printed portions of this form,met. didecdl(differentiated)addition, have been approved by the Colorado Real Estate Commission.(COS 3-1-9J) 11115 FORM IRS Laltos,ANT LEGAL CONSEQUENCES ANO TOE PAR]TES SHOULD CONSULT LEGAL AND TAX OR ON IER COUNSEL BEFORE SIGNING. VACANT LAND/FARM AND RANCH CONTRACT TO BUY AND SELL REAL ESTATE September 14 ,t9 94 1. PARTIES AND PROPERTY. HS Resources, Inc. , a Delaware corporation ,buyulsll Buyer).has]oinl4enanIJseneM3entermssonl agrees In buy.and the undersigned sellWee s (Seller,agrees to sell.on she ternss and conditions set forth in slur contract,the following described real Colorado,to wit: come in the County of l See Exhibit A attached hereto and by this reference made . part hereof. V c nt La d City sow rip known Is witNoh autoAddw all easements and other appurtenances thereto,all improvements thereon and all Itached ediofures s the auamd tt cept as excludedmWaecs dejacentctively dx 2. INC USIONS/EX INCLUSIOreon.NS/EXCLUSIONS. esThemer neieprec (collectively elltlemmei git Property). Tbttmle.d m.L-Prov-••r..the-Jmem. E. iNCnOSIONSIEICLUngONnl �gMa ^xp^"tionReners urglams.security tract:lighting,heating.pon wiring an. connecting ng. and air Conditioning Beore,nxtures.TV antennas.wcrcouisater systems,ruilbin kitchen appliances.sprinkler devices,and wiring mnysrcuts blockyjacka,planu,nnrroda,ara door openers including--remnte controls:lb)if on the syst Property pert and controls.built-in vneunm testate of n nest,and flange whether au. n t rz date o this contract:storm windows.storm doors,window and s�ltamdror�,wmngs,blinds,screens, radWrepxrye arise4rc lnee-'tmertsr4repleme*ec..rarcplectrrtcrheasi g a.m.,.atvm ace r a l (d)Water Rights.' Purchase price to include the following water rights: Any appurtenant water rights. (e)Growing Crops With respect to the growing crops Seller and Buyer agree as follows: Conveyed to Buyer together with the Property. Thcabome.Jesmebod+ncWJe .items lnclusih°Narelobechrtwyuln Uufub SeLulyt bill etcale rimed erestherespplieable egakineteumentbletsLedasmaenad dentafreR unts eieatsnmleoramn begaa+ csetBsu Brsuidudio+Sruiea6'aTLe SoWeeeingseMehedLatuntsertmeeruMuleraanoMhimsalm within three business days after the execution hereof by Seller 96 (S- 0 payable iu V.5.dollars by Buyer as J.hallows:Earnest Mone ey. URCHASE applicableZ ICE lltcnvn l,clow_I I tic purchase price shall ere S-- {a)Earnest Money. ,as earnest money deposit and part payment of the purchase E non nn in the farm of a check price.paYabl to and held by the Titl�an as defined i the Adele d m bwlwgm ns trot WupeciMe a,-gecin9ageM-V'S, •a e.r^•o^lac'e) account bnan behalf of Sbmb5d000.ler and 130 , .a ' ' ,.o.iactLua.l+li,•os,sy...aw«urwne_l IN I1 bi Cash Cloning. , Bout for the less etcsf all crediitsfolans: or @I Cas00Q. e0 as adjusted d by e nvet clot sing infunds which comely with alltapplicableC Colorado tehich herein, $ de OD � nds..lmingomt>to savings pim tanr Strwinccash,elearp to transfere-Madeatm s,eutifcdcheck. .f-elpaingslwldl� teller'scheck,tu cashier's (Good sit �_n ;vu;Oy'sLtb. ..,ice& t Ebe�pnde>-fd . to-Newiaee. .Thir?mrr'i+theweeurtd-b. ' .. . otm•g.••� per l he Itrail shall be amortized over a period of years m approximately 3 Na per annum,plus.if required by Buyers lender,a • o ill oincluding die nsa tad Sr and interest net ah exceed Minns.If doe loan is an adjustable interest rat:or or the atimvut annual real estate taxes,property insurance premium.and marl gage insulw graduated paYtnnd loan,the payments and interest ride l niliall Y shnL , t¢figures sat their above. Cland shall nut exceed "b of the total loam amount.Notahhstand- _. Loan discount t iniepalms,.f any,shall be paid is land' i n shall be paid by ing the lovis intaret rate the first _loan discount pmt and the balance,i , a be paid by s�nM�ts. II Hi ..1,w,-' weeiginMie,t-f<.-+w n C,W//_I !'nee l of d art-`�+i::',:- No.Cll$3-I-9J. \'AG\tit L\ND/F\NM1I AND Radod.\NIIICONII.ACfee Si..WV eiver,COt52I2—iisiiA mutt Radford Publishing.Ite)\Vvee SL.o<nvet.CO Bd:02—IJ031"Ib2LNn—II!➢ (J)Aaanroeswra• b,B eoacs'mninteti greeingda9 ""'sx w nglw-inns(e, .i• •1/2. ' •b B "•,3: ,r S per S including principal.interest presently t % r r and annum,and including escrow 1'ot the following as indicated: Urtal dale loxes, CVrapnrly innnatge premium. Cl mortgage insurance Prem o pit r agrees loan transfer lee nor to exceed S .An the time of assumption.the new interest rase shall nut exceed Cr annum and a and the new payment shall not exceed S.. principal and interest.pints escrow.if any. Seller 0 shall 0 shall not be released from liability on said loan. (applicable,compliance with the requirements for release from liability all be evidenced by delivery at closing of nn appropriate letter from lender.Cop payable for not exceed release Ilnbil ry stroll be paid by in an amount le)Seller nr Private Third—Party Financing. S by Buyer encculi r.8 a promissory rule payable to: on the note form u' dicamd:(Check one box only.) ❑Right-to-Cure NTD gAIh83 0 No Rihtho-Care NTrnm-1143g the Propcny,using the d:(Cbec ne box only.)t Ii Stricd by ea- n-and.etc.) ❑Strict Due-on-Sale(TD]AILA3) ❑GcJitworlhy(10 D-IhB37 ❑Assumable"Not due on sale(TD]4-11-8] 0 at S The promissory note shall he amortized at the basis o(_.—years,payable %per annum.Payments shall commence -------•----- including principal and imerest at shallthebe rate of day of each succeeding .If not sooner paid.the balance of principal and and shall payable Jue on the after closing.Papnena ❑shall ❑shall not be increase inlaeit shall he due and esnimof estimated annual property increased by of aJlnaleJ annual real estate taxes.and ❑shall I 1 shall nuI be inn used by ce premium. calendar Jays aver its due dare.a late charge of tt sr'lle loan shall also contain the following terms as indicated:If any payment is not received with' per annum.a late c arge of st %of such payment shall be due.Interest on lender disbursements under die den of trust shall be rate shall be %per annum. Buyer may prepay without a penalty except - 4. FINANCING CONDITIONS AND OBLIGATIONS. ing loan(a)Loan A pplinlinnls). If Buyer is to pay all Or part of the purchase price as 5 forth in Section 3 by obtaining ga fromnew loacean oar if n existing roan is notInn to be released at closing.Buyer.if required by tech lender.shall make written appliea lm within with Seller and tender to obtain loan minimal.uny:d.diligently and timely urine Same in gond l:dlb,excpnte all documents and furnish all information and ocu ettt wr 11 6of documents oa Approval. the Buyegato,an all om Section 1urchas pay thec a acing in ew such luauee lender consent. (o)alf he new loan on or brioro pay all or Vul of the purchase price Yohamstga new loantsP1f not so 3,this sad dale,this ccontract sltanal l termnma 19-- approval E isthe new an or before provide t deed of trust.n d atic)Existing to Review.within If an existingcalendarsdayssto Ine fron a le eplance of this contract.er shall contracttes of tine is conditional upon Buyer's review and approval of de modifications) Buyer within prov isions of such lour documents.Buyer consents to the p visions of such loan documents if no written objection is received by Seller from Buyer within calendar days frets Buyer's receipt of sod tocurnents.If the lender's approval of a transfer of the ProVerty iiYcquireJ,Ibis Contract is conditional exceps set in n 3.If lender's val is not-pun Buyer's obtaining such approval without change its col 1rtct shall bes of fermi and on such such date.If Seller r is to be released bomnl ability under such on or before existing loan ct may be nated at 's option. and Buyer l.ssdoes not obtain such compliance ps ay for p it Section 3.this t of the purchase price by assuming an existing loan and f the actual principal balance of the existing loan at (d)Assumptionofclosden Balance.sKemore Oa in S Par . the date of closing is less than the annum ins tion3 and the amount of cash required front Buyer mdming is increase)by mom than dwn Buyer may terminate this contract eO live upon receipt by Seller of Buyer's wr Men notice of termination. favor of Seller or if an existing Iran is not m be o pay all or part of tine purchase price by executing a promissory nom in(e)Credit Ina,this co If Buyer upon Y y and which approval shall be at Seller's sole and absolute al dosing.this contact is c Buyer shall l supply s approval or o(Bu Buyer's financial ability J creditworthiness._.,times=- tpBuyer's expense,information and absolute dinconc er.In such case: Buyer shall suppty to Seller on or before_---- docuutenlz concerning Buyer's nn.ncial,employment and credit conditions(at Buyer consents that Seller stay verify Buyer's financial ability and creditworthiness; documents received by Seller shall be held by Seller in confidence,and not released to others except to protect Seller's interest in (3)any such information a _ ,19�. this transaction:(4)if S 1 r dues not provide written nonce of Setters disapproval to Buyer nn or before said date,this contract shall terminate. Item Seller waives this linear..If Seller tines provide writ lets notice of disapproval to Buyer on or 5. .U'I•ItA ISA?psea)"ISION. (Check one hue only I This Section 5 Li shall Cl shall not apply. Jpp yery .If5e stheer raIs cr 's uation determiner if thisrati applies,es.uindictcJabove Bu ball have the toterminomthisconvaat iflhvpv¢hte price exceeds receives the Property'sa copyvaluation suc determined by amt n no front enlendergaged price. IA porn rip Gooi canteensalnm the Property's valuation v tletiallegead option of proceedigewith consummation of this contract without regard to the I,n Oprai I Deadline),this<avac shall terminate.Buyer shall have the Pr am y 1 of the appraised valuation.Upon closing,Boyer waives any objection to the Property's w luation. /6. COST OF APPRAISAL Cost of any appraisa4m be obtained after the dam of this contract shall be timely paid by ]. NO P ASSIGNABLE. This contact shalt nut be assignable by Buyer without Sellers prior written consent.Exec Ol as so restricted,this contract shall inure to the benefit of and be binding upon the heirs.personal representatives.successors and assigns of the parties. Buyer, ten des w elf ter ithensurance pace A. EVIDENCE OF TITLE. Seller shall furnish to Bu t Seller's expense,cider-+nurtem commitment for owner's title ins ante policy in an amount wmetanfoemshed-rnyarwnaywarire Selkaghat equal to the purchase price er-5FSNleIs'eheteer tr-pbOrauelille aoatinul,W,<wrenWaw,on or before hereof (Title Ucadbte3 Fa-tilkhrsu*tree-use'"ns ..at copies of instruments(or abstracts of instrumental limed in the schedule of exceptions(Exceptions)in the ride insurance commitmental �so berfueniehed nl nwtwFT t in•eu4 '^ 1mtektawwsslt�Aat °'HF.wFzAwlarkxnJ.ww Seller's expense�Na e.Duce. title Insurance cmmmirmen1 1e0uher with any most or abstracts of..aistus.d instruments rnts lams aLu pursuant Mes!.his aturtoiYg,ct-trie.eale the title mm.documents(Title ucun mews).u+y+warlitUla atattawwo_ate.uwy« UShcl4I'u,eidlt tifl.1ni ,�c,_.�edto uyduugu T.itlactwdlieafterlliduca;illsincuanuKefnmilm+nL Sctlaµd 1pBuyer114 willmitlal each paynd 1/2 IIIC taostlran¢ policy del I.E. Buyer as croon as practicable after closing. h together with other 9. TideR (xl fide Rmiew. Buyer shall have the nglu to inspect the Tide Documents arobtrex.'hVrlucn notice by payer of unmerchanubilily of title or of any and ar unsatisfactory title condition shown by the Title Documents or abstract small be Buyersigned by or a r behalf eament Bu or er endagiven to Seller on reef ore 20 to role ipt by o y cons afner Titleto ether w it or within of five(5)calendar days after hew Ex ep commitment mgcJer with a copy of see l ids Document adding new Eaccmion(s)to title.If Seiler does not reeve Buyer's notice by the stets)specified above,Buyer accepts the condition of late as disclosed by the Title Documents as satisfactory. (Rr•R Ni.CIISJ-I.9I. Page E of 4_:Y daze. .1e 12:ii (Ii)flatters Not Shown by lilt Public Nevus, Seller shall deliver to foyer,on or before the Title Deadline set forth,,. -lion 8.true copies of all teasels)and surveys)In Seller's possession pertaining to die Properly and doll disclose to Buyer all easements.liens or oilier lisle matters not shown by the public records of wblcb Mambas twine:knowledge.sayer shall hoe the Ochs m Impact te Properly to Jalannl tie If any third pun yt it lies any right In Le Properly nor shown by the public records(such as an unrecorded eascinenl,unrecorded!Casper boundary line Uisuepancyl.\yriuen nalice of any unsatisfacory conditions)disclosed by Seller or resealed by such inspection shall be signed by or on behalf of Buyer and given to Seller on or before 30 days after the A yy If Seller does no receive Other's notice by said date.nuyer accents,isle subject In such rights,if any,of third parties of which Buyer has actual knowledge. (c)Special Faxing Dish icls, SI'Ee'IAL IANDO:NISI IOC!5 MAY Sc SUBJECT TI)UENER vLOMAGA I IoN INIIFU ICINESS THAT IS PAID n\'REVENUES PRODUCED FROM ANNtl.0.IAX LEVIES(IN 111E TAXABLE PROPER I y ill THIN SUCH DISI RIBS. PROPER I Y OWNERS IN SUCH INS I RICf5.Ala OE PLACED AT RISE FUR INCREASED 1111.1.LEVIES AND uCCESS1vE TAX BURDENS 10 SUPPORT T IIE SEW V IL'INO OF STICt11)EP r Scorer CIRCUMSTANCES ARISE RESULTING IN THE INAUIDII' OE Si:C11.1 DISTRICT To DISCHARGE SUCH INI1En 1 FUN E.NS 50 111010 SUCH AN INCREASE IN 0111.E TEAT ES.BUYER SHOULD INVESTIGATE THE DEBT FINANCING 54Fe)I nR bI FN IS OF IIIF AIN IIuRIzr:D GENERAL 0111.1(01 11 IN IN Df il I EON FSS OF'551011 MST RICI5.EXISTING MILT.LEVIES OE SUCH DISI RIO'SERVICING SUCI I INIn:nI("NESS.AND 111E PO TENIIAI.FOR AN INCREASE IN 551011 MILL LEVIES. In the es enl the Properly is locales w ill'in a special lasing disc rice and Buyer desires to nominate this cum tact as a resuli.if written notice is given to Seller on or before the date set for lh in subsection 9 this contract shall then Icrminue.If Seller does am receive Buyer's notice by the dale specified above.Buyer accepts the elRet of the Property's inclusion in such special taxing dillnictls)and waives the right to so terminate. (JI Right Is Cure. If Seller receives notice of umnuc ham ability of title or any other sisal iiiheiory title condirm,lsl as provided in subsection(al or lb)above. Seller shall use reasonable effort to correct said unsatisfactory line cundilion(lI prior to the dale of closing.II Seller fails la unreel said unsatisfactory title condition(s) on or before the date of dosing.Ibis mnbacl shall then ranninaie;provided.however.Buyer may.by wriucn mace received by Seller.on or before closing,waive objection to said unsatisfactory title condition(s). M. INSPECTION.* S+Ihrv%t .'', •1 Iluyer-,w'•a J- _ ` SEE ADDENDUM Disclosure form canminmd by Seller so the best of Seller's current actual knowledge.Buyer or any designee.shall lime the right w have o the physical condition of the Property and Inclusions.at Buyer's expense.If written notice of any unsatisfactory conditioll.si _ half of Buyer.is not received by Seller isle or before ,19 (Objection Dead- ' Ihetl Iyslcal condition of the Property and Inclusions shall be deemed to be satisfactory to Buyer if such police is received by Seller as Sr In c.and if Buyer and Seller love not agreed in writing.to a settlement thereof on or before (Resolution Deadline),this contract shall iernhioate three calendar days following the Resolution Deadline: unless,nilLln the• ad tar days.Seller receives wriucn notice from fkl yet-waiving objce si,)*o any unsalisfaaury condition.Buyer is responsible for and shall raawaaanug.w t.lsi- - lx .a.uus-uewlu(-suulw wwctb,L- A SEE ADDENDUM 1I. DATE OF CLOSING. The date of closing shall be a a .19_—.or by n atual agreement at an earlier dale.The hour and place of closing shall be as designated by Beyer 12. TRANSFER OF TITLE. Subject io lender or payment at closing as required herein and con,pliance by Buyer with the other means and provisions hereof. Seller shall execute and deliver a good and sufficient___geates.al warren ty deed to Buyer,on closing,conveying the Properly free and clear of all taxes except the general taxes fur the year of closing,and except none Tide shall be conveyed free and clear of all liens fur special improvements installed:is of the dale of Buyer's signature hereon.whether assessed or riot,except G)' . ien'wS, r .0 1:,mod; ben'l"".(ill those matters reflected by the Title Donmanls accepted by Royer in accordance wills subsection 91,1,(iii)those rights,if any of third parties in die Property not shown by die public records in accordance with subsection 91b1.(iv)inclusion of the Property within any special taxing district.and(v)subject to building and zoning regulations. IL. PATIENT OF ENCUMBRANCES. Any encumbrance required to be paid shall be paid at or before closing tom the proceeds of this transaction or from any other source. U. CLOSING COSI S.DOCUNI EN'IS ANI)SERVICES. Buyer and Seller shall pay,in Good Funds,their respective dosing costs and all other items required to be paid at closing,except as Slienvise provided herein.Buyer and Seller shall sign and Coln pleat all customary or required documents at or before closing Pecs his real es lair closing services shall rim exceed E�50.00 and shall be paid at dosing by Buyer and Seller equally; provided that Seller will not be The local transfer tax of IA 'b of the purchase price shall be paid at closing by N/A .Any sales and use tax that may accrue because of this transaction shall be paid when due by Se 11er 15. PROPNIIONS. General taxes for the year of dosing.based on the lanes for the calendar year immediately preceed ing closing.rents.water and sewer charges.owner's association dues,and inlet CU on continuing loanlsl,if any,and all royalties under the Surface Damacle Agreemen t with Union Pacific Resources (as described in the Addendumalrll be prorated to date of closing. IP. POSSESSION. Possession Of the Property shun be delivered o Buyer as follows:_)Rif'L-del i very of th„ dead subject to the following leasers)or tenancy(s): The So ' .tee Damage AesreeesignL—aDd dny�YEIDs i nrLldes ilLtlle Titin Dgmrme➢ts .If Seller,after closing,fails to deliver possession on the date herein specified,Seller shall be subject to 100.00 des hoe the dam of agreed possession until possession is delivered. eviction and shallbeaddlti tonally liabletonuyer for paymentol'E per Y op E. CONDITION OF AND IMAIAGE TO PROPER l'Y Except as otherwise provided in lids contract,the Property and Inclusions shall be delivered inthc edition existing as of the date of this tort ordinary wear and mar excepted,lit the event dm Properly snarl be damaged by fire or silo(casualty prior o time of closing,in an ammml of not,ore than percent ICs percen of Ike mat purchase price,Seller shall be obligated to repair the same before the date of dosing.In Ilia evens such damage is not repaired within said line or if the damages exceed such son.dos contract may be terminated at the option of Buyer.Should Buyer elect to carry out this contract despite such damage,Buyer shall be enlily I o credit for all the insurance proceeds resulting from such damage m the Property and Inclusions,not excceding,possession, however.the total purchase price.Should any email ienlsl or scrvi lsl fail or be damaged elween the date of this contract and the date of closing or the date of possession,whiclmver shall be earlier,then Seller shall be liable for lie I repair or replacement of such Inclusion(.)or services)with a unit of similar size,age and qualitye or an equivalent credit,less any insurance proceeds received by Buyer covering such repair or replacement The risk of loss for any damage to growing crops,by Air or other Casualty,shall be borne by the party entitled to to growing crops,if any.as provided in Section 2 and such party shall be entitled to such insurance proceeds or benefits for the growing crops,if any. IS. TIM E OF ESSENCE/R Eh I EDI ES. Time is of the essence hereof.If any rime or check receis ed as earnest money hereunder or any other payment due hereunder is not paid,honored or tendered when due.or if any other obligation hereunder is not performed Or as iced as herein provided,them shall be the following remedies: (a) IF EIIITER IS IN DEFAULT: (.Cheek one box only) C-144-1snow-nv,.l n rrPhanir ••.h;eh••ww�nit.•••me., -nA•w:.grnr Lellrir• ,.ref horn••nib,•k‘I l his enrG:rnA arwA r• NtrAnn Felt sir o4Flian e -es4Felinr-may+<o e "aw-rwel`wlansages.r ..may l' P•-PnNOcSalh,.nsay.fa r•e•r• uWf-uewauaWwn .ear GaegRIYFFUMKr-0awa9YfeJF.d1. 31(2) Liquidated Damages. All payments and things of value received hymnlike shall be forfeited by Buyer and retained on behalf of Seller and both parties shall thereafter be released from at obligations hereunder.It is agreed!hat such payments and things of value are LI QU IDAI ED DAMAGES and(except as provided in subsecion Idl me SELLER'S SOLE AND ONLY REMEDY for Buyers failure to perform de obligations of this contract.Seller expressly waives the remedies of specific performance and additional damages. (I) IF SELLER IS IN DEFAULT: Buyer may elect to treat this Contract as cancelled.its wllicll case all payments and things of%attic recciwed hereunder shall be returned and Bayer may recover such damages as may be proper.or Buyer I nay cleft to treat dlis contract as being in lull force and effect and Its ye shall have the right to specific ru fnriuunce or r4n,oi5l an bath. (e) COSIS hIND Ir.SPENSES. Anything to Ilse Curium y het sin unbeilllilaudil:q,Inthe event of any aublealion or litigation[rising out of Ibis contract,the at bile)lof or court 1(1511 awa;U in the prevailing party all reasonable cols and ex posses.Inducting al torney fen, Ni,.0115i.519.1. Page I a 1.1fi k ..___ • , _ ._ ::n 1. ,r.. , 19. EARNEST MONEY DISPUTE. wi0utanding any termination of this contract,Boyer and Seller agree lb he event of any controversy regarding the earnest money and things of vnh,e held bybrokee-enelneinregent unless mutual wdnen inrhmetions are received by IL...-.d.aof mmeernmt money and things of valuerbrM,erneelmingergem shall not be required to lake any action but may await any proceeding,or arinek<rsrorelosing egenfropiion and sole discretion.may inlet-plead all parties and deposit any moneys or things of value into a court of competent jurisdiction and shall recover cowl costs and reasonable attorney fees. 10. ALTERNATIVE DISPUTE RESOLI.IION:AIEDIAIION. Ifs dispose at ices be wren the patties relating to ibis coins ass.out parties agree to submit the dispute to mediation.1 he parties will jointly appoint an acceptable medislor and will share equally in the cost of such mediator.If mediation proves unsuccessful, the parties may Ober'proceed will,such other means of dispute resolution as they so choose. 21. ADDI I IONA I.PROVISIONS: See the Addendum attached hereto for additional provisions which are by this reference incorporated here in and made a part hereof. they.aZe 11. RECOMM ENONI ION OF LEGAL COUNSEL. By signing this tlocamenI,Buyer and Seller acknowledge IhmPeeling mpaaFowdmrH'rtinr Campenyhnadvised dial this document has important legal consequences sari-Ins neotmnended thcemmtirsetion-of title-end-consultation with legal and lag or other counsel before signing this contract. and that it is advisable to seek 23.TERMINATION. In the event thin contract is let mina led,all payments and things of value received I ercu nder shall be returned and the parties shall be relieved of all obligations hereunder.subject to Section 19. 2d{KItbINcceMIwNyones4KII-glsbM:lONSttIt:Tleesellingbrekc. and its salespermits have been engaged as Selling Company has previously disclosed in writing to the Buyer that dilkienl slat ionsl aemilaDie w etch include buyer agency,seller agency.subagency,or transaction.btoker. 15. NO1ICEIOBU n r ice to Buyer shall heeBbctive when received by Buyer,or,if this box is checked 0 when received by Selling Company. .g GET^CFd.I.ER.—A nyna;ie.Ie-Sell.w.11allb.atTealive-when-newwl-By-Selleref4v'utinPC"mpony. 21. AIOI)IFICAS ION OF TN IS CONI'R ACE No subsequent modification of any of to terns of this contract stall be valid,binding upon to parties.or enforceable unless made in writing and signed by to parties. 28. ENTIRE AG It EF.A I EN E 'l his contract constitutes the entire contract between lie panics relating to the subject hereof,and any prior agreements pertaining thereto.whether oral or written.have been no,ged and integlaled into this contact. 19. NOTICE OF ACCEPTANCE:COONS EItI•AKFS. l his proposal shall expire unless accepted in writing,by Buyer and Seller,as evidenced by emir signatures below,and the offering party receives notice of Snell acceptance on or before Sep tettbe r 2a ,19 —(Acceptance Deadline).If accepted,this document shall become a contract between Sclles and Buyer.A copy of this document may be executed by each party,separately,and when each party has executed a copy thereof,such copies taken iogetlncr shall be deemed to be a full and complete corm ad bet weer,the parties. HS RESOU CES, INC. °""' f•T/ctor•ne in-Fact Janet Presque, Y- •199a Dale of Ouyets signature CPpi-Pmhar 71 .19 S`) Date or hluycr's signature Rnyc sAddresl 1999 nrnadlva;t. cfp 11611.0_,JM a r C0_$U2Q9 y/ / fvLG`v jy(L Gl . 4, L ) Date of Seller's signature /— 911 ,19 94 Date of Seller's signature 9 I7 Sellers Addtos /(•A ni rye --)2' 2C r / T;ha-undersigned-Rreker 1-aelmen4slaesraeeip Mf-alnaaamee,smeneydepetgitspecing4inbeGietHcendbelling6empenysanfiems+I•-rkokee-Relatiwnahi forth in Section 24. Selling Company N.me,aa Amn.,, 19--- BY: One Street Miring Comn.hhy . name rte and redress niun urn. msa.tvt. :On Fl.GluAN I lltatntflinns timid hrslgned+tIhrllmelhls cornet',signed, nt„ riscI I n I'n,n•A..I ADDENDUM to Vacant Land/Farm and Ranch Contract to Buy d Sell Real. Estate Dated: September 14, 1994 between US Resources, Inc. , a Delaware corporation ("Buyer") and Kenneth I . Riddle and Joyce L. Riddle ("Seller") The following provisions are hereby added to and made part of the Vacant Land/Farm and Ranch (theContract") to which Contract " Buy and wSell thisReal Addendum dated September 14, 1994 is attached. In the event of any conflict between any of the terms set forth in the printed portion of the Contract and the terms set forth in this Addendum, the terms set forth in this Addendum shall control. 1. Title Company.. The title insurance company issuing the commitment pursuant to Section B of the Contract shall be Chicago Title Insurance Company or another title insurance company acceptable to Buyer (the "Title Company") . 2. Delivery of Documents. On or before the fifteenth day after the date hereof, Seller shall deliver to Buyer true, complete, and legible copies of any and all (i) leases, artd any amendments or modifications thereto, affecti )orsng inp an any swaynd relating to the nyopyof(ii) the Property, (iii) environmental maps of all or any part studies, and reports; and audits and reports; soils tests, drainage reports prepared with respect to the Property, (iv) notices of non-compliance or default from any governmental or quasi-governmental body in any way relating to the Property, or any portion thereof, and (v) any other documents relating to the Property which are in Seller's possession or control. The foregoing documents are referred to herein collectively as the "Additional Documents. " 3 . Survey. At any time after the date hereof, Buyer may, at Buyer' s expense, cause a perimeter survey of the Property to be made or an existing perimeter survey t of thes Property rtye to causes be updated and recertified. If, prior to such a survey to be made or updated, Buyer shall fur furnish ishstog, Seller a copy of such survey (the "Survey") . Buyer shall receive a credit for the cost of the Survey, if any, not to exceed $500; provided that such reimbursement shall include only the cost of the Survey a sttudies done a shall not ilude t Buyer' s cost of any surveys, tests, or other request in connection with its evaluation of the Property or its efforts to obtain the Use Approvals. Buyer shall not be entitled to any reimbursement from Seller for the cost of the Survey if this Contract is terminated for any reason other than a breach or default by Seller. 4 . Inspection. Buyer shall have a periodevaluate the of time (the "Inspection Period") to test, inspect, Property to determine, to Buyer's satisfaction, the suitability of the Property for Buyer' s intended purposes. During the hey Inspection Period, Buyer may, at Buyer' s expense, cause audits, tests, surveys, or other inspections to be conducted on iuctedion, the Property that Buyer deems necessary or desirable, without limitation, any environmental audits and soils tests (the "Inspection Reports") . (A) Inspection Period. The Inspection Period shall commence on the date of this Contract and end on the 45th day after such date . 6 IDALUwp I U MCG\410710.1 September 19. 1994 3:46pm (B) Right to Terminate. If Buyer determines, in Buyer' s sole discretion, that the Property is not suitable for Buyer' s intended purposes, or if Buyer is not satisfied with any information contained in any of the Title Documents, the Tax Certificate, the Additional Documents, the Survey, or the Inspection Reports, Buyer shall have the right to terminate this Contract by giving written notice of termination to Seller on or before the last day of the Inspection Period. If Buyer terminates this Contract under this Paragraoh 4 (B) , all earnest money paid by Buyer hereunder shall be returned to Buyer and each party shall thereupon be relieved of all further obligations under this Contract. If Buyer fails to deliver such written notice to Seller on. or before the last day of the Inspection Period, Buyer's right to terminate this Contract under this Paragraph 4 (9) shall expire and this Contract shall continue in full force and effect. 5. Aoorovals for Use of Property. Buyer intends to use the Property to develop and operate a treatment facility for nonhazardous oil and gas exploration and production wastes. Buyer shall have a period of time (the "Approval Period") to obtain the permits, certificates, consents, and approvals necessary to use the Property for such purposes, including, without limitation, any necessary permits, certificates, consents, or approvals from the Colorado Oil and Gas Conservation Commission, the Weld County Planning Department, and the Colorado Department of Health (the "Use Approvals") . (A) Approval Period. The Approval Period shall commence on the date of this Contract and shall end on the earlier of (i) six (6) months after the date of this Contract or (ii) the Completion Date. As used herein, the "Completion Date" shall mean that day which is the fifth (5th) day after the day that Buyer obtains the final permit or approval from all of the governmental authorities having final jurisdiction over the Use Approvals necessary for Buyer's intended use of the Property. (B) Cooperation by Seller. Seller shall join in, support, and cooperate with Buyer' s efforts to obtain the Use Approvals; provided that Seller shall not be obligated hereby to incur any out-of-pocket expense in connection with such cooperation. If Seller is required to give its consent to the Use Approvals, such consent shall not be unreasonably withheld. Buyer agrees to keep Seller informed of the progress on its efforts to obtain the Use Approvals. (C) Right to Terminate. If Buyer has not obtained all necessary Use Approvals on or before the last day of the Approval Period, then, at the option of Buyer to be exercised by written notice given to Seller on or before the last day of the Approval Period, Buyer shall have the right to terminate this Contract by giving written notice of termination to Seller on or before the last day of the Approval Period. If Buyer terminates this Contract under this Paragraph 5 (C) , the earnest money deposit paid by Buyer pursuant to Section 3 (a) of the Contract shall be paid to Seller in consideration for Buyer's right to terminate this Contract under this Paragraph 5 (C) and each party shall thereupon be relieved of all further obligations under this Contract; provided that, if Buyer terminates this Contract under this Paragraph 5 (C) before the expiration of the Inspection Period, the earnest money deposit shall be returned to Buyer. If Buyer fails to deliver such written notice to Seller on or before the last day of the Approval Period, Buyer' s right to terminate this Contract under this Paraeraoh 5 (C) shall expire and this Contract shall continue in full force and effect. -Z' 6. Access. Buyer, and any and all parties which Buyer may designate, shall have the right of access to and from the Property from and after the date hereof to and including the earlier of the closing or the termination of this Contract, at all reasonable times, to inspect, survey, test, and evaluate the Property, and perform any and all work or service necessary or desirable in connection with the evaluation or inspection of the Property, which work may include the advancement of soil borings and the installation of temporary ground water monitoring wells on the Property. Seller shall cooperate fully with any such evaluation or inspection made by Buyer, and parties designated by Buyer. In the event that the closing does not occur, Buyer shall repair and restore any physical alterations made by Buyer on or to the Property and Buyer shall indemnify, defend, and hold harmless Seller from and against any loss, cost, claim, or expense, including, without limitation, attorneys' fees, arising out of any of the activities undertaken on the Property by Buyer, or at Buyer's instance or request, including, without limitation, any soil borings or monitoring wells advanced or installed in or on the Property or any work done in connection with Buyer's efforts to obtain the Use Approvals. 7. Closing Date. The closing of the sale of the Property from Seller to Buyer shall take place on that day which is the 15th day after the last day of the Approval Period. 8. Hazardous Substances. Seller hereby represents and warrants to Buyer, to Seller' s knowledge, as of the date of this Contract and as of the date of the closing, that : (A) There are no hazardous, toxic, or other materials or substances subject to regulation under any applicable law, rule, code, or regulation, including, without limitation, any petroleum products or asbestos containing materials ("Hazardous Substances") , located on, in, or under the Property or in the ground waters underlying the Property. (B) There has been no production, generation, use, disposal, or storage of any Hazardous Substances on, in, or under the Property or in the ground waters underlying the Property. (C) Seller has not received any claims, notices, or directives from any governmental body with respect to any Hazardous Substances. (D) There are no underground storage tanks on the Property. (E) There are no environmental liens on the Property. 9. Surface Damage Agreement. Buyer acknowledges that the Property is subject to a Surface Damage Agreement with Union Pacific Resources, Co. ("UPR") which provides for the payment of certain royalties by UPR to the owner of the surface of the Property in connection with the use or development of certain subsurface mineral rights. Seller will be entitled to retain all such royalty payments up to the date of the closing and Buyer will have all rights under the Surface Damage Agreement thereafter. 10. Disbursement to Burns, Wall, Smith & Mueller. In addition to the other payments and adjustments to be made at the closing in accordance with the terms set forth in this contract, at the closing, a disbursement in the amount of $4, 015.36 will be made to the law firm of Burns, Wall, Smith & Mueller from the proceeds due to Seller. 11. Survival This Contract, and all obligations provided herein, to the extent not fully satisfied and performed by or -3- e conveyance of e to the hereunder, and all gofnthehrepresentations and lwarranties madethrough the herein, shall survive the closing and the conveyance of title to the Property. 12. Notices. All notices under this Contract shall be in writing, signed by the party giving the same and shall halln beldeemed given when a copy thereof is actually delivered, p y, by commercial courier, by successful facsimile transmission, or by certified or registered mail, return receipt requested, in each case at the following addresses and facsimile numbers or such other addresses and facsimile numbers as either party may notify the other by notice given in the manner provided herein: If to Seller: Kenneth North Liddl nede and Joyce L. Riddle Shawnee, Oklahoma 74801 Facsimile: (405) Telephone: (405) 275-1476 If to Buyer: MS Resources, Inc. 1999 Broadway, Suite 3600 Denver, Colorado 80202 Attention: Ms. Janet W. Pasque Facsimile: (303) 296-3601 Telephone: (303) 296-3600 13 . Brokers. Buyer and Seller each hereby represents to the other that it has not engaged any broker in connection with the transaction contemplated herein. Seller shall indemnify, defend, and hold harmless Buyer from and against any and all claims for commissions, fees, or other compensation made by any real estate broker, agent, salesman, finder, or other person as a result of the sale of the Property as contemplated by this Contract on account of any express or implied commitment or __ undertaking made by Seller. Buyer shall indemnify, defend, and hold harmless Seller from and against any and all claims for commissions, fees, or other compensation made by any real estate broker, agent, salesman, finder, or other person as a result of the sale of the Property as contemplated by this Contract on account of any express or implied commitment or undertaking made by Buyer- 14 . Governing Law. The validity and effect of this Contract shall be determined in accordance with the laws of the State of Colorado. 15 . Days. If any event or performance hereunder is scheduled or required to occur on a date which is a Saturday, Sunday, or legal state or federal holiday in Denver, Colorado, the date for such event or performance shall be extended to the next day which is not a Saturday, Sunday, or legal state or federal holiday in Denver, Colorado. SELLER: iL.U7iJ.�.C! G2 A , Kenneth I. Riddle 1-,i,,u . �� e---p // o,4 Jce L. Riddle / BUYER: HS RESOURCES, INC. , a Delaware corporation / / �j/'/�/ By: , Y .4-' net W. Pasque, ttorney-in-Fact -4- EXHIBIT A to Vacant Land/Farm and Ranch Contract to Buy and Sell Real Estate Dated: September 14, 1994 (Legal Description] Township 3 North, Range 66 West of the 6th Principal Meridian: Section 13 SE1/4 County of Weld, State of Colorado. Q:DATA POOL\IVAa1U4LsetI Scp'nbv 14. IS94 .1:npn. WP5.1 APPENDIX C SITE PHOTOGRAPHS CAPTIONS FOR SITE PHOTOGRAPHS Photo No, Caption 1 View looking north across proposed Landfarm property towards tank battery, which is located near the center of the parcel. 2 View looking to the south towards Weld County Road 32, taken from the southwestern corner of the property. 3 View looking north across the center of the property, with an oil/gas well and tank battery in the background. 4 View looking to the east from the crest of the hill located in the western half of the property. Tank battery is in the background. 5 • Four oil/gas wells are operated on the property. This view is looking west from the southeast corner of the parcel, with the well surrounded by nearly flat-lying rangeland. 6 One of several crude oil storage tanks located on the parcel. This battery is located near the center of the property on the crest of a broad hill which slopes gently to the east. 7 View looking north along a section of the abandoned East Speer Canal, which crosses the eastern margin of the property. The canal is filled with weeds and does not appear to have been used for some time. 8 View looking to the north along the West Speer Canal, which is the only surface drainage feature proximal to the property. The canal is located west of the Landfarm parcel and is 1/3 mile away from the area being proposed for land treatment activities. •r`1. j. 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'C 1 •n.: nJ7 /IYnVI,-mow ova�.P,,;).i:4 t.'ri._ I4 ` 9dr • > mot.✓I var- --' ___' � ;iya } ii +� 4 pi:- 'Iii .1,:kartzt, i,�-u'�fi`�} �'•Lsir;X21%- "4 ' t � ruck ,rim` �1. 5� "t2.0 � 5 Q,1\,,, �. , s •J+Q '^'` :+N 1pa. nt `� •, L, j./-'JS`4'j 'i2:i."i' 'Sit•• . . • "a. a �' -y. :.F`iS - `-ti�a' 1. .�r.,"' +'r', "s t.' •*;•-•:•-.1.4, s L a:- - • t y .r�-�i ! -a _ ,'-W 5' y+ ✓ r'krALT a n.. t Is 7:stt S - : i }t # `?�1.r ,-' -` - - Y +gin • Z k� r.S nix :ci \ • fSY CctV+ 4 i i r P-• p Pr �C° v \ �° Y • \ 4 z `.ate ` i'cgf1 INTRODUCTION USE BY SPECIAL REVIEW QUESTIONNAIRE Attached is the Use by Special Review Questionnaire that was included with the Use by Special Review Application that was submitted by HS Resources, Inc. ("Resources") to Weld County and approved by the County on February 22, 1995 as USR#1067. The information included in the Questionnaire will continue to apply to the landfarm operations and the 120 acre parcel of property that will remain subject to USR#1067. Please review the Questionnaire and, if the County approves both this Amendment Application to USR #1067 and the Application for USR simultaneously submitted by HS Gathering, LLC (OGathering0) for a compressor station and inlet and outlet pipelines, please consider that the information in the attached Questionnaire will continue to apply only to the 120 acre parcel described in this Amendment Application in Exhibit C. Resources has in all respects complied with the undertakings it described in the Questionnaire with respect to the construction and operation of the landfarm and will continue to comply with the conditions and requirements identified by the County in USR#1067 for the property that remains subject to the USR. Please note that Resources will withdraw this Amendment Application in the event that the County does not approve the USR Application submitted by Gathering. USE BY SPECIAL REVIEW QUESTIONNAIRE 1. How is this proposal consistent with the Weld County Comprehensive Plan? The proposed Landfarm does not adversely effect productive agricultural areas and their is no net loss of either prime agricultural land or open space. The 160 acres being proposed for landfarming operations could easily be converted to agricultural or other open space uses when landfarming activities are completed. Use of the parcel for landfarming would preserve the area from scatter-type urban development and will not require additional County-provided services. The proposed Landfarm would be operated in a manner that minimizes effects to the County's natural resources and the environment. The waste minimization and recycling techniques proposed will reduce the volume of waste that would otherwise require disposal either at County solid waste landfills or on individual well sites. 2. How does this proposal meet the intent of the zone district it is located in? Although the proposed Landfarm is not strictly an agricultural development, no productive agricultural areas or activities will be adversely effected. Many of the activities planned at the Landfarm could benefit agricultural interests, including pilot programs planned with the Weld County Extension Office to find beneficial uses for some recycled E&P waste materials, particularly fresh water-based drilling mud. No structures are planned for the parcel and the open space nature of the surrounding area will be maintained. 3. How is this use compatible with future development as stated in the Weld County Comprehensive Plan? If yes, how? As mentioned above, use of the parcel as a landfarm for nonhazardous oil and gas waste materials will preserve the open space nature of the area from urban development. No additional demands are expected on County services and environmental quality and natural resources will be preserved through effective operation, management, and monitoring at the facility. Finally, HSR believes that effective management of oil and gas waste materials at a centralized facility will promote cooperation and understanding between HSR and area land/surface owners and agricultural interests. 4. What type of uses surround this site? Is this request compatible with surrounding uses? Properties adjoining the proposed HSR Landfarm include undeveloped rangeland, agricultural land, low density residential, and oil and gas development areas. The 160 acre area comprising the Landfarm includes four producing oil and gas wells and two crude oil storage tank batteries, as well as numerous natural gas pipelines and associated facilities. The proposed Landfarm is bordered: to the east by Weld County Road 37 with rangeland, oil and gas development, and a single residence beyond; to the north by an unimproved dirt road (WCR 34), rangeland and oil and gas development; to the west by cultivated and fallow agricultural land overlain with oil and gas development and sparse housing; and to the south by WCR 32, with undeveloped rangeland, cultivated agricultural land, oil and gas development, and sparse housing. Yes. The proposed HSR Land Farm would preserve 160 acres of open space rangeland from further residential or commercial development. With the exception of a perimeter fence, no above ground structures will be erected. The purpose of the proposed landfarm is to land treat certain types of nonhazardous exploration and production wastes and recycle them for other oil and gas development uses. HSR is also proposing that potential beneficial uses for agricultural purposes be explored. Both are compatible with agricultural and oil and gas production operations in the area. 5. Is this property located within a Flood Hazard Zone, Geologic Hazard Zone, or Airport Overlay zone - and does it meet these special requirements? The proposed HSR Landfarm is not located within any of these zones. 6. What efforts have been made to conserve productive agricultural land? The majority of soils within the proposed HSR landfarm are composed of Valent sand, which apparently has limited potential for agricultural development due to its sandy texture, rapid permeability, and excessively drained conditions. The location was selected in part to avoid impacting productive agricultural land. 7. How will the public health, safety, and welfare be protected? The proposed HSR Landfarm is not believed to pose a significant risk to the public's health, safety, and welfare. To minimize the limited risks that the project could pose, HSR plans to place a perimeter fence around the parcel that will be locked, limiting access to HSR personnel and its subcontractors. The general nature of the landfarming activities are unobtrusive, consisting mainly of unloading and thin-spreading of soil, sand, and drilling mud onto the ground surface where it is tilled periodically by a tractor or backhoe. Efforts will be taken to minimize operation-related nuisances, such as dust and noise. Land farming operations will only be conducted during daylight business hours and the proposed location is adjacent to a paved road, which will reduce dust emissions from truck traffic to and from the facility. HSR will conduct environmental monitoring at the Landfarm to monitor conditions in the soil and ground water. The proposed monitoring program will include installation of ground water monitoring wells, which will be sampled for laboratory analysis on a quarterly basis. 8. What will the site be used for? As detailed in the attached proposal, the proposed HSR Landfarm will be used to treat and recycle produced sand, water-based bentonitic drilling mud, and oil-stained soil associated with HSR's oil and gas drilling and production activities throughout Weld County. All of these materials are nonhazardous and they will be treated under guidelines established by the Colorado Oil and Gas Conservation Commission (COGCC) in Rule 907. Produced sand (frac sand)and hydrocarbon-stained soil contain variable amounts of crude oil and condensate. Drilling mud is generally composed of fresh water and bentonite clay, with minor concentrations of hydrocarbons. Hydrocarbon components in these materials are easily reduced using land treatment techniques (landfarming) that enhance natural degradation of hydrocarbons by naturally occurring bacteria. Called biotreatment or bioremediation, this techniques has been widely demonstrated to reduce hydrocarbon concentrations without the need of chemical additives and eliminating the necessity of landfill disposal. A major benefit of this treatment technique is that the soil and sand can be recycled for use at other HSR oil and gas operations in the area. Such uses include building and maintenance of earthen berms around crude oil storage tanks, construction of lease roads, and as fill material for backfilling excavated production pits, sumps, etc... Fresh water-based bentonitic drilling mud has been demonstrated to help stabilize sandy agricultural soils by adding clay and providing a corresponding increase in the soil's water holding capacity. HSR plans to work with Mr. Jerry Alldredge of the Weld County Extension Office to investigate the addition of drilling mud to range soils and will also explore other possible beneficial agricultural uses of drilling mud and other materials treated at the Landfarm. 9. How close will this site be to other residential structures? There are two residences within 1,500 feet of the proposed HSR Landfarm: one residence is located across WCR 32 approximately 500 ft to the south and the other is located across WCR 37, approximately 1,200 ft to the east. 10. How many people will be employed at this site and what hours will they work? The proposed HSR Landfarm will not be staffed on a regular basis. Rather, HSR employees and subcontractors will visit the site as needed to either deliver materials to be recycled or to perform regular land treatment and monitoring activities. One or two people would likely visit the Landfarm approximately once or twice weekly. All activities would take place during daylight hours on weekdays. 11. How many people will use this site? A maximum of approximately ten HSR personnel and subcontractors will likely use the facility, with generally less than three people present at a given time. 12. What type and how many animals, if any, will be on this site? None. 13. What type and how many, if any, operating and processing equipment will be utilized on site? Dump truck Water truck, backhoe/tractor equipped with tiller. 14. What type and how many structures will be erected (built) on this site? The site will consist essentially of the ungraded, natural topographic surface onto which soil, sand, and drilling mud will be applied. The only surface structures present will be ground water monitoring wells and a small concrete basin that will be used to clean sand out of frac tanks brought to the site. The ground water monitoring wells will consist of one or two inch poly vinyl chloride (PVC) well screen and casing that will extend approximately three ft above the ground surface. The concrete basin will measure approximately ten ft wide by twenty ft long, sloping to a depth of approximately eight ft. Berms will be constructed around active land treatment plots. With these exception of a perimeter fence and gate, there will be no above ground structures at the Landfarm. 15. What kind (type, size, weight) of vehicles will access this site and how often? Water trucks, dump trucks, backhoe/tractor tiller, front end loader. 16. Will this site use a septic tank or public sewer facilities? No. 17. Are you proposing storage or stockpile of wastes on this site? If so, what is the size and type proposed? Hydrocarbon-stained soil. frac sand, and drilling mud will be applied to ground surface at the site at rates that will allow for efficient biotreatment and in a manner that will prevent ponding, pooling, or runoff of liquids. The estimated volumes of these materials that are expected to be present at the Landfarm at a given time are: • Hydrocarbon-stained soil - less than 500 to 1,000 cubic yards • Frac sand - approximately 25 to 50 cubic yards • Drilling mud - 5,000 to 10,000 bbls HSR does not anticipate that much material will be stockpiled on the site but instead intends to thin-spread the materials and begin land treatment as soon as they arrive at the Landfarm. The Landfarm will be organized so that soil, sand, and mud will be land treated in different areas. Also, individual "lifts" or batches of soil, sand, and drilling mud will be segregated in order to accurately track reduction in hydrocarbon concentrations and monitor the land treatment process. As soon as hydrocarbon concentrations in each lift have been reduced to required levels, the recycled material will be removed from the Landfarm for use on other HSR production facilities in the County. 18. How often will debris, junk, or waste be disposed of? By what means? The purpose,of the proposed HSR Landfarm is to treat and recycle certain nonhazardous exploration and production wastes in an effort to minimize wastes that require disposal. HSR does not anticipate generating significant amounts of debris, junk, or waste at the site and will promptly dispose of any at an approved landfill. 19. How long will it take to construct this site and when will construction begin? Erection of the perimeter fence, construction of the concrete-lined wash basin, and installation of the ground water monitoring wells (storm water retention basin) will take approximately two weeks to complete. Work will commence upon HSR's receipt of Weld County's approval of our Use by Special Review Permit. 20. Explain the proposed landscaping plans and erosion control measures associated with this site. HSR does not intend to utilize more than approximately 40 acres of the 160 acre parcel for Land Farming operations at a given time. The remaining 120 acres will be left in its natural condition and native vegetation will be encouraged. The Land Farm will preserve the natural topography of the parcel, the majority of which is underlain by Vona sand and Vona loamy sand. According to the U.S. Soil Conservation Service (SCS), surface runoff in these soils is slow and the erosive hazard is low. 21. Explain any proposed reclamation procedures when termination of the Special Review use begins. The surface soil and topography will remain essentially undisturbed by land treatment activities at the site. All treated soil and sand will be removed from the location after treatment. The area will be reseeded as necessary to return the site to its natural condition when all land treatment activities are completed. 22. Explain the need for the proposed use (activity) in Weld County. Weld County, area surface owners, the agricultural community, and the oil and gas industry can benefit from innovative methods of treating, disposing, or recycling of waste materials generated by oil and gas drilling and production such as those contained in HSR's Landfarm proposal. Oil and gas activity is likely to continue in the County for years to come and industry needs to address the concerns of land owners and the agricultural community. The Landfarm will: • Allows HSR an effective, environmentally sound, cost-effective, relatively low liability means to treat and recycle wastes generated when drilling, producing, abandoning, and reclaiming well sites, especially in cases where surface owners do not wish to have soil, sand, and drilling mud treated or disposed of onsite; • Provides HSR the opportunity to work with the Weld County Extension Office under controlled, secured conditions to show beneficial uses for some waste materials, including drilling mud; • Allows HSR to develop new methods of treating and recycling hydrocarbon- affected soil and frac sand that utilize natural techniques; • By emphasizing the recycling nature of the proposed Landfarm techniques, HSR can minimize the amount of drilling and production wastes that would require disposal in County landfills; • The proposed location of the HSR Landfarm minimizes potential impacts to soil and ground water resources due to the depth to ground water, lack of surface water features or environmentally-sensitive areas, the preponderance of soils that are of marginal agricultural value, and the use of extensive soil and ground water monitoring technique; and, • The proposed HSR Landfarm will promote understanding between oil and gas and agricultural interests in the County through cooperative efforts with the County Extension Office, Colorado State University, and HSR. 23. Who will provide fire protection for this site? The proposed HSR Landfarm is located within the Platteville Fire Protection District. Due to the lack of above ground structures or development at the site, HSR does not anticipate that the Landfarm will have any additional impact on fire protection services. 24. What or who will provide water to this site? The only water necessary for operation of the Landfarm will be that which is to be periodically added to the thin-spread soil to promote biodegradation of the hydrocarbons. This water will be brought to the site by water trucks approximately once every two weeks when land treatment activities are being performed. 25. How will storm water drainage be handled on the site? The site will be left in its natural condition and drainage will likely follow natural patterns. Areas containing thin-spread materials that are actively being land treated will be surrounded by berms to prevent contact between waste materials and surface runon and runoff. Also, the sandy texture of soil underlying the site is expected to limit the amount of surface runoff at the site due to rapid infiltration and relatively gentle ground slopes. • EXHIBIT "A" RESERVATION BY THE UNION PACIFIC RAILROAD COMPANY OF (1) ALL OIL, COAL AND OTHER MINERALS uNPERLYINC THE LAND, (2) THE EXCLUSIVE RIGHT TO PROSPECT FOR, NINE AND REMOVE OIL, COAL AND OTHER MINERALS, AND (3) THE RIGHT OF INGRESS AND EGRESS AND REGRESS TO PROSPECT FOR, MINE AND REMOVE OIL, COAL AND OTHER MINERALS, ALL AS CONTAINED IN DEED RECORDED DECEMBER 18, 1909 IN BOOK 233 AT PAGE 265, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN, AN OIL .AND CAS LEASE, EXECUTED BY UNION PACIFIC RAILROAD COMPANY AS LESSOR(S) AND BY PAN AMERICAN PETROLEUM CORP. AS LESSEE(S), DATED JULY 30, 1910, RECORDED IN BOOK 631 AT RECEPTION NO. 1553460, AND ANY AND ALL PARTIES CLAIMING BY, THROUGH OR UNDER LESSEE(S), AND ANY AND ALL ASSIGNMENTS TNEREOP OR INTERESTS THEREIN. NOTE: AFFIDAVIT OP PRODUCTION RECORDED FEBRUARY 6, 1992 IN BOOK 1325 AT RECEPTION NO. 02277504. TERMS, CONDITIONS, PROVISIONS, AGREEMENTS AND OBLIGATIONS SPECIFIED UNDER THE SURFACE OWNER'S AGREEMENT RECORDED AUGUST 31, 1983 IN BOOK 1006 AT RECEPTION NO. 0193BB09. AN EASEMENT FOR PIPE LINE AND INCIDENTAL PURPOSES GRANTED TO PANHANDLE EASTERN PIPE LINE COMPANY, A DELAWARE CORPORATION BY THE INSTRUMENT RECORDED OCTOBER 1, 1904 IN BOOR 1045 AT RECEPTION NOS. 01982513, 01983514 AND 01993515. TERMS, CONDITIONS, PROVISIONS, AGREEMENTS AND OBLIGATIONS SPECIFIED UNDER THE EASEMENT AND SURFACE USE AGREEMENT RECORDED JULY 13, 1988 IN ROOK 1202 AT RECEPTION NO. 02147879. TERMS, CONDITIONS, PROVISIONS, AGREEMENTS AND OBLIGATIONS SPECIFIED UNDER THE NOTICE CONCERNING UNDERGROUND FACILITIES OP UNITED POWER, INC. RECORDED JANUARY 24, 1991 IN BOOK 1288 AT RECEPTION NO. 02239296. --- TERMS. CONDITIONS. PROVISIONS, AGREEMENTS AND OBLIGATIONS SPECIFIED UNDER THE EASEMENT AND SURFACE USE AGREEMENT WITH RATIFICATION RECORDED MAY 9, 1991 IN BOOK 1298 AT RECEPTION NO. 02249576. AN EASEMENT FOR INGRESS AND EGRESS AND INCIDENTAL PURPOSES GRANTED TO SNYDER OIL CORPORATION BY THE INSTRUMENT RECORDED JULY 9, 1991 IN BOOK 1304 AT RECEPTION NO, 02255742. RIGHT OF WAY FOR FARMERS RESERVOIR AND IRRIGATION COMPANY RIGHT OF NAY FOR ROADS AND/DR HIGHWAYS, OVER AN EASTERLY AND SOUTHERLY PORTION OF SUBJECT PROPERTY • • STATE OF L'li7 4 OMA ) POTTAWATONIE COUNTY ) as MSO CXKi7 MYgatim 1QZX ) The foregoing instrument was n acknowledged before me this /S% day of Go,IeT,d.+ 1994 by: ?pd.. / J• I�t� Ilical�e^ny hand and official seal .. . , . i•l_f CPI.U.Seion expires: • II: v! : ^! A �FTpu ,Q6 . tu6L4'ti gat lic Hello