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Home My WebLink About950688.tiff HS RESOURCES, INC. 1999 BROADWAY, SUITE 3600 DENVER, COLORADO 80202 (303) 296-3600 TELEFAX (303) 296-3601 February 23, 1995 Mr. Roy Wardell 18253 Weld County Road 32 Platteville, Colorado 80651 Re: Agreement for Sampling and Protection of Water Supply Well Dear Roy: Attached please find two executed copies of the agreement of HS Resources, Inc. (HSR) to monitor and protect ground water supplying your domestic use well. As you will recall, you approved and consented to this agreement during our meeting and in our telephone conversation on the evening of February 21, 1995, the day prior to the hearing with the Weld County Board of Commissioners. Because this Agreement is fair and since you consented to it, we were surprised that you raised additional issues on the morning of the hearing. HSR continues to believe that this Agreement represents a fair and equitable proposal and goes beyond what is or should be warranted by the circumstances. We understood that you felt the Agreement was fair as well. Therefore, our Agreement is enclosed. Kindly sign and return one copy of the Agreement to HSR as soon as possible so that we can resolve this issue prior to our next meeting with the Weld County Board of Commissioners on March 1, 1995. Sincerely, HS SOURCES, INC. Patrick E. Flynn Environmental Affairs Manager 950688 cc. w/attachment: Trevor Jiricek, Weld County Health Department Gloria Dunn, Weld County Planning Department Lee Morrison, Assistant Weld County Attorney Weld County Board of Commissioners Jeff Welborn, Welborn, Sullivan, Meck & Tooley 950688 HS RESOURCES, INC. : EXHIBIT 1999 BROADWAY, SUITE 3600 �^ DENVER, COLORADO 80202 (303) 296-3600 �� TELEFAX (303) 296-3601 February 21, 1995 Mr. Roy Wardell 18253 Weld County Road 32 Platteville, Colorado 80651 Re: Agreement for Sampling and Protection of Water Supply Well Dear Roy: This letter is an agreement between HS Resources, Inc. (HSR), a Delaware corporation with its principal place of business at One Maritime Plaza, Fifteenth Floor, San Francisco, California, 94111, with offices at 1999 Broadway, Suite 3600, Denver, Colorado, 80202 and Mr. Roy Wardell and Mr.J.J. Wardell, individuals, whose address for purposes of this agreement is 18253 Weld County Road 32, Platteville, Colorado 80651 (the Wardells). This letter agreement replaces and supersedes a similar, proposed agreement between HSR and Mr. Roy Wardell dated February 17, 1995. The purpose of this agreement is to outline steps to be taken by HSR to sample ground water from the Wardell's water supply well located in the SW SW of Section 18, Township 3 North, Range 65 West, 6th P.M. (hereafter called the Wardell water supply well) and to provide the Wardells with a new water supply well in the event that land treatment and recycling activities conducted by HSR in the SE/4, Section 13, Township 3 North, Range 66 West, 6th P.M. (hereafter called the landfarm) adversely affect water quality in the Wardell water supply well. A copy of the Colorado State Engineers Permit No. 26851 identifying the Wardell water supply well is attached. HSR agrees to provide a baseline assessment of water quality in the Wardell water supply well. A ground water sample will be collected directly into a laboratory-supplied container, labelled, and placed into a cooler chilled to approximately four degrees Centigrade for transport under documented chain-of-custody (COC) to a Colorado-certified laboratory for analysis of hydrocarbon compounds. The laboratory will analyze the sample for benzene, toluene, ethylbenzene, and xylene (BTEX) using U.S. Environmental Protection Agency (EPA) Method 8020. If, as a result of this initial baseline water quality assessment, ground water sampled from the Wardell water supply well is found to be free of any detectable BTEX compounds, HSR will consummate an agreement with the Wardells for ongoing water quality monitoring as outlined in numbered paragraphs 1-5, below. However, if the results of the baseline assessment of water quality detect measurable BTEX compounds, HSR shall have no obligation or duty to conduct 950688 Letter Agreement with Mr. Roy Wardell for Ground Water Sampling February 21, 1995 Page No. 2 the ongoing water quality monitoring outlined below, nor to provide the Wardells with a replacement water well. 1) If the results of the baseline water quality assessment documents that ground water collected from the Wardell water supply well does not contain detectable BTEX compounds, HSR will collect a ground water sample from the Wardell water supply well on an annual basis. The sample will be collected directly into laboratory-supplied containers, labelled, and placed into a cooler chilled to approximately four degrees Centigrade for transport to the laboratory under COC. The ground water sample will be analyzed by the laboratory for BTEX using EPA Method 8020. 2) The Wardells will be entitled to receive a copy of all laboratory reports and COC forms from the annual ground water sampling of the Wardell water supply well. HSR will comply with all reporting requirements of applicable governmental agencies. 3) Annual sampling and analysis of the Wardell water supply well will continue for a period of one year following cessation of land treatment/recycling activities and acceptance of HSR's facility closure plan by the Colorado Oil and Gas Conservation Commission (COGCC) and the Weld County Health Department. In any event, HSR will continue to monitor the Wardell water supply well for a period equal to that required by either COGCC or the Weld County Health Department for HSR's onsite monitoring wells. 4) If, as a result of annual sampling and analysis, BTEX compounds are detected in the Wardell water supply well in concentrations exceeding state and federal standards for drinking water, and if the occurrence of BTEX in water sampled from the well is directly and solely attributed to HSR's land treatment/recycling activities at the landfarm, HSR will provide Mr. Wardell with a new water supply well completed in a deeper aquifer zone unaffected by landfarm activities. This new water supply well will be completed by a Colorado-certified water well driller in the Foxhills aquifer, unless a shallower water bearing zone suitable for domestic use is identified by the water well driller. 5) The agreement to sample and monitor ground water in the Wardell water supply well and to provide the Wardells with an alternative water well, if necessary, shall be assignable by either party. 950688 Letter Agreement with Mr. Roy Wardell for Ground Water Sampling February 21, 1995 Page No. 3 Please review this agreement and call me with any questions or comments you may have. If you agree with the terms of the agreement, please sign one copy and return it to HSR. HSR will then commit to the actions outlined above, assuming that the baseline water quality assessment determines that no detectable BTEX compounds are currently present in ground water sampled from the Wardell water supply well. A copy of the fully executed agreement will be forwarded to the Weld County Health Department. Thank you in advance for your cooperation. Sincerely, HS OURCES, INC. Patrick E. Flynn Environmental Affairs Manager cc: Weld County Health Department Env. File I have reviewed and accept the terms of this agreement for HSR to monitor water quality in my water supply well located in SE SE Section 18, Township 3 North, Range 65 West, 6th P.M., in Weld County, Colorado. Signature Printed Name Date 950688 Hello