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Home My WebLink About880999.tiff if I/( 11 1 E' 'q 01111 iPh iaIstei1: f� ;.!• Elf3 . 1''I1ca i1l1t: 3l1$ Abi iii1 a s ctla ts• 1if i -- i 1.1.lt It-?j 1 I 4iil ! 2 a?aj�-9 � 1la'i ��i1PiIX 1 a113:14 9:--I , }A 1. _ 1•. i•y st It !I s ` a` {• 4 1i 12- .1- l'i .IS J III E i , ]e{a .ili{ `i-iS 1 1 F A2 1f • ;it1 t.=a ii111i3 I l• cli1.; i1l?Itl 1 1 sgr' 11111i `11 2- \\\\\'\\ it I? : 1 :' iEe1ti : 11}rils l:iz �IfG .. fii :i '� 1 ii it s 41iii ! l4 LH111111 1; 1 �� a_1 }L 11 �.; 11l1\I\ {{ tt I 13 3, 'si it ll" 11{ at ii 1! i; I 533 {1 11 s sE 1111 1 1 1 a 's 19 . is li 2, 13 1. III I xI. ,usrtms i€ E i c j t • I l :i i1j :i1 ; , .1 Iia AsI I 'S 1'a sl t { { -si 1 1 _ff 11ll 13J ;s ,i; 'Pik IS; I N L--, , '. i€._ ,z= i i1 4 s :iii I1 I• 1� a i fI 1 i 2: �. pi !l' '!"�y'i 3 1Si ti il' es .1 I o t i 1i .Ii iE i I2: :i. Ii!1S III FI d ' Q gi i � 2.2 in! t 9 t g I r 1 ,_ i 1 g d I �i_g E Vii- 1 I j ® I } it Ettl 2. II- 11 i 1 .S.a.a' Si 1 E il- 11 :s 1 it 1 S• 2411 i:Ii ' 111 is ! 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WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 19th day of October, 1988 , at the hour of 1 : 30 p.m. in the Chambers of the Board for the purpose of hearing the application of Associated Natural Gas, Inc. , 1401 17th Street, Suite 600 , Denver, Colorado 80202 , for a Site Specific Development Plan and Special Review Permit for an oil and gas support and service facility in the A (Agricultural) Zone District on the following described real estate, to-wit: Part of the NW} NW} of Section 8 , Township 7 North, Range 58 West of the 6th P.M. , Weld County, Colorado WHEREAS, said applicant was represented by Eugene F. Catron, and WHEREAS, Section 24 . 3 of the Weld County Zoning Ordinance provides standards for review of said Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1 . The submitted materials are in compliance with the application requirements of Section 24 . 7 of the Weld County Zoning Ordinance. 2 . It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24 . 3 of the Weld County Zoning Ordinance as follows : a. The proposed Use by Special Review is consistent with the Weld County Comprehensive Plan ' s Urban Growth Boundary Area Goals and Policies, and is located within the urban growth boundary area of the Town of New Raymer. The Town Board of Trustees reviewed this request and finds no conflicts with its interests. 880999 Page 2 RE: USR - ASSOCIATED NATURAL GAS, INC. b. The proposed Use by Special Review is consistent with the intent of the Agricultural Zone District and is provided for as a use by special review. c . The proposed use is compatible with the existing surrounding land uses and with the future development of the surrounding area as permitted by the Agricultural Zone District. Uses on the surrounding properties include oil and gas production , dryland wheat production, and dryland pasture. No objections have been received from surrounding property owners . d . The applicant has demonstrated a diligent effort has been made to conserve productive agricultural land in the locational decision for the proposed use. e . No overlay districts affect the site. f. Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Site Specific Development Plan and Special Review Permit for an oil and gas support and service facility in the A (Agricultural) Zone District on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1 . The attached Development Standards for the Special Review Permit be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder' s Office within 15 days of approval by the Board of County Commissioners . 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3 . Prior to the issuance of building permits, copies of the following shall be submitted to the Department of Planning Services : 880999 Page 3 RE: USR - ASSOCIATED NATURAL GAS, INC. a. An approved Road Improvements and Maintenance Agreement; b. Evidence of a legal water supply, approved by the Division of Water Resources; and 4 . Thirty days prior to beginning plant operation, signs stating "Truck Traffic" shall be requested from the State Highway District 4 Traffic Safety Engineer. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of October, A.D. , 1988 . Li ta BOARD OF COUNTY COMMISSIONERS ATTEST: WELD UNTY, COLORADO Weld County Clerk and Recorder 077 and Clerk to the Board ene . Brantner, C airman EXCUSED BY:_ e7rj17i-c_e C.W. Kirby, Pro-Tem le puty County Clerk APPROVED AS TO FORM: Jcque 'ne hnson �� EXCUSED DATE OF SIGNING - AYE Gordon E. Lacy County Attorney Frank Yamaguchi 880999 DEVELOPMENT STANDARDS Associated Natural Gas, Inc. 1 . The Special Review Permit is for a Site Specific Development Plan and a Special Review Permit for an oil and gas support and service facility as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2 . Approval of this plan may create a vested property right pursuant to Article 68 of Title 24 C.R.S . , as amended . 3 . Waste oil, treatment, anti-freeze, and other associated liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 4 . An air Emissions Permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health. 5 . No permanent disposal of wastes shall be permitted at this site. 6 . A spillage retention berm shall be required around the tank battery. The volume retained by the spillage berm shall be greater than the volume of the largest tank inside the berm. 7 . A septic system for the proposed office shall be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. 8 . Fugitive dust shall be confined on this site. 9. Maximum permissible noise level shall not exceed the commercial limit of 60 dB (A) , as measured according to 25-12-102 , Colorado Revised Statutes. 10 . All vessels containing flammable or dangerous materials shall be identified in accordance with the National Fire Protection Association, #704M identification system. 11 . The operator/applicant shall provide the New Raymer-Stoneham Fire Protection District a list of four (4) names, phone numbers , and addresses of responsible parties it can contact twenty-four (24) hours a day in case of emergency. 12 . Smoking shall be disallowed and "NO SMOKING" signs posted in those areas as required by the Colorado Oil and Gas Conservation Commission Regulations and the New Raymer-Stoneham Fire Protection District. 880999 Page 2 RE: DEVELOPMENT STANDARDS - ASSOCIATED NATURAL GAS, INC. 13 . Fire extinguishers shall be maintained on the Special Review site at all times. 14 . The appearance of the facility shall be maintained in a neat and orderly condition through periodic painting and maintenance. 15 . All land within twenty-five (25) feet of any oil or gas tank containing flammable or combustible materials , or other appurtenant production equipment shall be kept free of weeds, grass, or rubbish. 16 . All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 17. The property owner or operator shall be responsible for complying with the Design Standards of Section 24 . 5 of the Weld County Zoning Ordinance. 18 . The property owner or operator shall be responsible for complying with the Operation Standards of Section 24 .6 of the Weld County Zoning Ordinance. 19 . Personnel from the Weld County Health Department, the New Raymer-Stoneham Fire Protection District, and the Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. 20 . The Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 21 . The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 880999 HEARING CERTIFICATION DOCKET NO. 88-63 RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY IN THE A (AGRICULTURAL) 20NE DISTRICT - ASSOCIATED NATURAL GAS, INC. A public hearing was conducted on October 19, 1988, at 1:30 P.M. , with the following present: Commissioner Gene Brantner, Chairman Commissioner C.W. Kirby, Pro-Tem - Excused Commissioner Jacqueline Johnson Commissioner Gordon E. Lacy Commissioner Frank Yamaguchi Also present: -Acting Clerk to the Board, Tommie Antuna Assistant County Attorney, Lee D. Morrison Planning Department representative, Lanell Curry She following business was transacted: I hereby certify that pursuant to a notice dated September 28, 1988, and duly published October 5, 1988, in the Platteville Herald, a public hearing was conducted to consider the request of Associated Natural Gas, Inc. , for an oil and gas support and service facility in the A (Agricultural) Zone District. Eugene Catron, representing the applicant, made his presentation to the Board. Mr. Catron requested that the Board reconsider Development Standard #9 which states that the decible level shall be according to the commercial limit. Mr. Catron said he believes that the level should be placed according to an industrial limit. Jeff Stoll, representing the Health Department, said the decible level was reevaluated by his department, and found that it should be changed to 80 decibles. Chairman Brantner said he feels that the verbiage in Development Standard #11, concerning the responsible parties to contact in case of an emergency, should include all appropriate parties, pursuant to State regulations, not only the New Raymer-Stoneham Fire Protection District. There was no public commented offered concerning this request. Commissioner Lacy moved to amend Development Standards #9 and #11. Commissioner Johnson seconded the motion and it carried unanimously. Commissioner Lacy then moved to approve the Special Review Permit for Associated Natural Gas, Inc. , subject to the recommended Conditions and amended Operation Standards. Seconded by Commissioner Johnson, the motion carried unanimously. This Certification was approved on the 24th day of October, 1988. APPROVED: BOARD OF COUNTY COMMISSIONERS ATTEST: cectiti14,,vb WELD UNTY, COLORADO Weld County C erk and Recorder and Clerk to the Boar(' ene . Brantner, hairman i EXCUSED eputy County Cle k C.W. Kirby, Pro-Tem (St e s )5 f q Ja ue a Joh EXCUSED DATE OF APPROVAL Gordon E. Lacy Frank Yamaguchi TAPE #88-51 DOCKET #88-63 PL0295 i. :l 880999 PUBLIC NOTICE The Board of County Commissioners of Weld County, Colorado, on October 19, 1988, conditionally approved a Site Specific lDevelopment Plan and a Special -Review Permit for the property and purpose described below. Conditional approval of this plan -creates a vested property right pursuant to Article 68 of Title 24, C.R.S. , as amended, for a period of three years. APPLICANT: Associated Natural Gas, Inc. 11101 17th Street, Suite 600 Denver, -Colorado 80202 LEGAL DESCRIPTION: Part of the NW} NW} of Section 8, Township 7 North, Range 58 West of the 6th P.M. , Weld -County, Colorado TYPE AND INTENSITY OF APPROVED USE: Oil and gas support and service facility in the A (Agricultural) Zone District SIZE -OF PARCEL: 4 acres, more or less Failure to abide by the terms and conditions of approval will result in a forfeiture of the vested property right. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Tommie Antuna, Deputy _PUBLISHED: October 26, 1988, 3n the Platteville Herald 880999 _Affidavit of Publication STATE OF COLORADO Countynf Weld ss. • I A.-Winkler Riesel of said County of Weld being dulyswom.aay that I am publisher of Platteville Herald that,the same Is a weekly newspaper of general circulation was printed and published in the town of :ono t ti Plattev-f lie • inlaid countyand state that the notice ofav advertisement.in fweh which y i!'0± m the-annexed is a true copy has been newspaper for . i� r ' •Re -0 xonsecutive -weeks: $e D that the notice was published In the regular and-entire issue of every '. :sir!!O. -m number of said newspaper during the period and time of publicationea n-n m of said noticnd in the newspaper proper and not ina supplement e e thereof:thatthe firstpublication of said notice was contained in the mks Issue of said newspaper hearingtheedate of •T•S. . < zP A.D..19ir and the last publication l3 l3gs thereof.in the issue of said newspaper,beating date. -n I a 1•j T.. r •_y e she alp day of 3"�t�'- �m�a Fy -. g:a ��₹ r( pp y3 `c""�" """ 11Jfd, that the said 20 m 4 ovn4 Ds ca T0.4 Mgr. 1mma_t m ill." 3yc Le•4 t is 4f my e+'= m$m''s=o PlattPvill-P TNarald 4. y se-a fs' .sY.R hasbeen published continuously and uninterruptedly during the q -• e3 a period of at least fifty-two consecutive weeks next�rlar to the first r .44•.7•3'"3e^ • 3 2 H r 4 m$. n Issue thereof containing said notice or advertisement above referred $3 '2-`s G$2I E i n r;v_$ to: and that-said newspaper was at the time of each of the S ₹ o publications-of said notice duly qualified for that purpose within the •+t 99 g n meaning of an act entitled. "An Act Concerning Legal Notices. Advertisements and Publications-and the Fees of Printers and Publishers then f, and to Repeal all Acts and Parts of Acts in IT .. t g7 S Conflict with ons of this 'app April 921 \ = y m .2-r..e all ender f, and p am ded y aM ¢'s• i s j' ap //�J3.and 1.C�'l /��' Xs s dal. s m rhos' �≤ o m Publisher Y+„ : a z s �yy o g p ~ �2 iC i 3Cac and sworn to before me thins r day of Q aie" ;o II 6/ AD. 19 bra R3 xmrm scan • mnmC go go e wOx 00o 44y ' 1) 5 0=oz ami Fpp s omz2 ozi- 6e'a ( i4442 Notary-Public • ,q r",7 :it., A.u, My commission expires June 1992 ;Ai AJmmmisd:on expires June 30, 1992 -880999 s80999 NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the -Board of County Commissioners of - Weld County, Colorado, Weld -County Centennial Center, 915 10th Street, First Floor, _Greeley, Colorado, at the time specified. All persons in any manner interested in the Site Specific Development plan and Special Review Permit are requested to attend and may be heard. Should the appll.cant or any interested party desire the presence of a court reporter to -make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the -Board's Office can be contacted for a list of certified court reporters in the area. If a court reporter is obtained, the Clerk to the Board's Office shall be advised in writing of such action at least live days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the -Weld County Planning Commission may be -examined An the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. APPLICANT DOCKET NO. 88-63 Associated Natural -Gas, Inc. 1401 17th Street, Suite 600 Denver, Colorado 8D2O2 DATE: October 119, 1988 TIME: 1:30 P.M. REQUEST: Site Specific Development Plan and Special Review Permit - Oil and gas support and service facility in the A (Agricultural) Zone District -LEGAL DESCRIPTION: Part of the NW} NWi of Section 8, Township 7 North, Range 58 West of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 2 miles west of Raymer; south of State Highway 14 and east of Weld County Road 123 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy DATED: September 28, 11988 PUBLISHED: Uctober 5, 1988, in the Platteville Herald ,Cxmis;y k- 880999 Affidavit of Publication STATE OF COLORADO , - ,,1. NOTICE County of Weld ss. �;t Pynuant le IM Bening laws el Vic' the State of Colorado and the Weld County Zoning Drdinane•, • I A.Winkler Megeltf said County of Weld-being duly sworn,say public hearing will be-iwld in the _that I am publisher of Climbers of the Board Ai County Commissioners of Weld County, Plattevill-e Herald Colorado, Weld County Centen- nial that. the sameJs aweekl newspaper of eneral circulation was r,C Greeley, , Ctolorado, do, First that.printed andpublished in the town ofP time Greeley,Alpersons on, at en specified.r B in my P 1 at t-e v i 11 e manner Interested In the Site Specific Development Plan and insaid countysnd state that the notice of advertisement.-of which quested Review mi an ate r b . the annexed L a true copy has been published in said-weekly quested to atleM •tta may be newspaper for Should the applicant or any In- terested party desire the pres- �/Y OxonsecutlYe weeks: ence of a court reporter to make.-''' ad- that the notice waspublished in theregular and entire issue of record to the aped record in is every -will b to the teed record which number of said e newspaper Inthn wspapurbm the paloopen flime Iof eation ale Cl kept dhe the horrific. th said noticehand tothea said andn not supplement con ntained ino the blerke to 1Mor•d's -Office thereof:that the first publication of said notice was contained in the sin be anteoom for a list el ter- issue of said newspaper bearing the date of rifled court roomier* M the area. ��P1..A.v A D..19 f y and the last publication if a coon reporter ' oOffice the Clerk tolls* Board's of such shall be advised in writing o/ or t h• thawed(.in the issue of said newspaper,bearing date, tlenytt•a191a days pier to the , hearing. The coat of engaging a the day or court reporter shall be borne-by 11} U O the requesting ITALSO go . 191E that the said BE IT KNOWN that the text mot mein so awned by the Vs f,/t I d _ /l Weld may be Planning Commie- C�JO37�Ln1J-ar'_M 111 I{_ 0LC,..L.AJ(1`mtl` slop may be aamined in the o flee o1 Ute CClerkMate hoard o of has been published continuously and uninterruptedly during the County C?erg mmlesi Iocsied period of at least fifty-two consecutive weeks next prior to the first in dw We10 County set, Third issue thereof containing said notice or advertisement above referred -Canter, e e 10Th Strati, Thl rtl to:_and that-said newspaper was-at the time of each-of the 'Floor, Gmtey, Oolorado. publications of said notice duly qualified for that purpose within the DOCKET NO. Ps-63 meaninggof an-act entitled. "An Act Concerning Legal Notices. Advertisements and Publications and the Fees of Printers and APPLICANT -Publishers thereof, d to-Repeal all Acts and 1n Jlaodaled Natural Gass, Inc. Conflict with the ens of this Act" �..� 821. 1101 17th Street, Suite 600 all amts articul am't"�.�.dal [ ,Colorado 60202 . _a and an act 1 • % a DATE: October 1e, le TIME: 1:30 P.M. c..... ? blLher REQUEST: Site Specltit De- `-� view perm PlCI and as su out Sulpprl d and sworn to I�(ore -me this gay of Hew P•rmll-WI and gee eupporl N.( A D. 19 4. anti atviee Lenity in 1M A C (AgEGAL-D Zone DON:q LEGAL 1/4 of Part of the NW 1/4 NW 1 Cotion unty, Township 7-NeM,Rage a West of the 6th P.M.,(4-Weldf County, Notary-Public _Colorado LOCATION:of ReymAppren 2 cUrrli IurrnMD miles weHigha R1 a, south of 41SDenverAve. RC60 -Stele ysR 14 and east of waif County Road 123 Pert tn,OO60621 BOARD OF COUNTY -COMMISSIONERS WELD COUNTY, COLORADO RSTEIN My commission expires June 1992 _BY: MARY ANN COUNTY XLER yk ORDER AND-RECORDER " AND CLERK TO THE BOARD BY: Mary Reif, Deputy DATBD: espewber 3e, lag Published In Ike Pisesvlee Her- . - SSQSS9 AFFIDAVIT OF PUBLICATION STATE OF COLORADO, County of Morgan. ss. Fern -H. Spencer being of lawful age and first dul sworn on his oath, states that-he is the Circulation Mgr. The Fort Morgan Times; that-The Fort Morgan Times is a_daily-newspaper of-general circulation and printed - NOTICE and published in the City of Fort Morgan in the_County aesiW� lam° ittJ 2oi4nthe at°Or- of Morgan, State of Colorado; that-said daily newspaper , e$tktte ppr avtll nil near in the has-been published in said Morgan County, Colorado, ..tf We' ttyvoC,-viZ - uninterruptedly and continuously-during the-period of at aI W°elfd�tar no lotnou'eer., m least twelve months next prior to the first issue thereof Coloraaoon the thne specified. persona- any manner interested in die Ste containing the annexed Notice tk Development-Plan and ec� - yhe�arrdd W.may be rio�n, --.— --- 86otdd the appicant o w-any_Inters desire thepresence oaf a court to m-akda record party spa --_— taped record whl' ch will be kept the haring,the Clerk to Ihe Board's Office can be that said daily newspaper is a daily newspaper and b aiNF;`i V �5 6tatnea�the qualified for that purpose within the meaning of the Act taaring me bactio tlfiv days ydx.Ar to writing a i 4 c stoat five engaging prior to of r the General c Assembly of the State d of Colorado, ap- the oorhteserrirtai The cost of �a court proved March 30, 1923, and entitled, An Act to amend BE IT-AI�KNt) 1ht tandmmap an Act entitled 'An Act concerning legal notices,adver- p certified by the weld County -Planning tisements and publications and the fees of printers and Commission may be examined in the office of the publishers thereof, and to repeal all-acts and parts of Clark to the Count Commisslonen, bested e, old ty Center, acts in conflict with the provisions of this act,"' being ns oth Third got. ey;Cattle. Section 1 to 10 inclusive pages 404 to 409 inclusive ofN ., Chapter 139 (pertaining to legal notices and advertise- LiCN Associated Natural GaaClnT ments) of theSession Laws of the State of Colorado for t. »oi17th Street,Suite 600 1923, -as amended by Chapter 113, Session Laws 1931; DA1g p 19.1%8 Denver,Coloradoemoa that the annexed Notice Ti3.,URa:Site RE I1FST:Site Specific Development Plan and Review-Permit-Oil-andinthe gas support and ce facility in A (Agricultural) Zone was published in the regular daily and entire issue of AL Da; 1O9NoeUof the Ne9v1'':14 said daily newspaper on Monday of each .S., r. Weld Approximately miles west of ay 14 and east of successive week for a period of 1 insertions; that the first publication of said _Native 81Awn �- EEiR HOMO Mary Reiff,Deputy was_n the regular daily issue of said daily newspaper bergs,tees• dated October 3rd, 19 88 bothera• 1'°e' �^ part and the last publication thereof was in the_daily issue of said newspaper datedOctober 3rd ,198-8 IN WITNESS WHEREOF, I have hereunto set my hand this4th day of October" ,19 -88 �21u) ✓ , t!�te.9 STATE OF COLORADO, County of Morgan ( ss. Subscribed and sworn to before-me, . Robert W Spencer a Notary Public in and for the County and State-afore- said by ..._Fern H. Spencerhis 4th.___ day of October bi d+,D. 1s_t 8 My com iss' n expires eb. 1 1 the 198.9 Notary Public 580299 DATE: September 28 , 1988 TO.: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the -Board Office Commissioners: If you have no objections, we have tentatively set the following hearings for the 19th day of October, t988 , at 1 : 30 P.M. Docket No. 88-60 - Site Specific Development Plan and Special Review Permit for oil and gas production facilities in the I-1 Zone District - Basin Exploration, Snc. Docket No. 8S-bl - Bite Specific Development Plan and Special Review Permit for an ag service establishment (-farm equipment repair and maintenance) in the A Zone District — Douglas P. Fiechtner Docket No. 88-62 - Site Specific Development Plan and _Special Review _Permit for communication towers on two lots in the A Zone District - John W. -Bresnahan Docket No. -88-63 - Site Specific Development Plan and Special Review Permit for oil and gas support and service facility in the A Zone -District - Associated Natural Gas, Inc. OFFICE OF THE CLF -TO SHE BOARD BY: 7//zl1L -Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD UNTY, COLORADO ?/ �i�C. LL - C ^ \J ` 899_9 2 >c*j i.+ i Minutes Weld County Planning Commission September 30, 1988 Page 6 CASE NUMBER: USR-849 yAPPLICANT: Associated Natural Gas, Inc. REQUEST: A Sit-e Specific Development Plan and a Special Review permit for an oil and gas support and service facility LEGAL DESCRIPTION: Part of the NW" NW' of Section 8, 17N, R5SW of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 2 miles west of Rayner; south of State Highway 14 and east of Weld County Road 123 APPEARANCE: Gene Catron, Vic-e President, Associated Natural Gas, Inc. , stated they are seeking approval to build a gas plant in the New -Raymer area. At this plant, they would gather and Trocess natural gas and extract the liquids from it. The plan will be a _phased -development. The traffic flow through the first phase will be 5 to 6 trucks per day. An employee will _be on site 24 hours a day. The applicant has concerns with Development Standard Number 9. . . The maximum noise level shall not exceed commercial limits. . . B-ruce _Barker, Assistant County -Attorney, stated the noise level depends on the category this use would fit into. The Weld _County H-ealth _Department is recommending more stringent standards for noi-se levels. The decibel level that will come from this type -of operation is in the 7-5 to 80 dB(A) range based on the 25 foot setback requirement. He al-so suggested that -because of the the remote location of the site, the applicant -could speak to the Weld County -Health Department and see if they -would $e willing to change the dB(A) level. Planning Commission members directed the staff to speak to Wes Potttr, Weld County Health Department regarding this issue and to have him present -at the Board of County Commissioners hearing. AMENDMENT: The applicant also expressed concerns about Development Standard Number 12. No smoking shall be permitted on any area of the -property. Ann Garrison moved that Development Standard Number 12 be amended to read as follows: "Smoking shall be disallowed and "No-Smoking" signs posted in those areas as required by the Colorado Oil and Gas Conservation Commission R-egulations and the New Raymer—Stoneham Fire Protection District." Motion seconded by LeAnn Reid. Tape 332 - Side 1 880999 Few in,f e Minutes Weld County Planning Commission September 20, 1988 Page 7 The Chairman called for discussion from the members of the Planning Commission. There was no discussion. She Chairman asked the secretary to poll the members of the Planning Commission for their decision. Ann Garrison - yes; Jerry Burnett - yes; LeAnn Reid - yes; Lynn Brown - yes, Ernie Ross - yes; and Bud Halidorson - yes. Motion carried unanimously. The Chairman asked the applicant if he had any further objections to the recommendation, conditions, or Development Standards as presented by the staff or to the amendment defined by the Planning Commission. He had no further objections. The Chairman asked that these items be filed with the summary as a permanent record of today's proceedings. NOTION: Lynn Brown moved that Case Number USR-849 for Associated Natural Gas, Inc. , for a Site Specific Development Plan and a Special Review permit for an oil and gas support and service facility in the agricultural zone district be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendations and _conditions, as presented by the Department of Planning Services' staff, the Development Standards as presented by the staff and amended by the Planning Commission, and the testimony heard by the Planning Commission. Motion -seconded by Ann Garrision. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. She Chairman asked the secretary to poll the members of the Planning Commission for their decision. Ann. Garrison - yes; Jerry Burnett - yes; LeAnn Reid - yes; Lynn Brown - yes; Ernie Ross - yes; and Bud Halldorson - yes. Motion carried unanimously. The meeting was adjourned at 2:45 p.m. Res ectfullllyl submitted, Danna Nelson Secretary 880999 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Lynn Brown that the following resolution be in r„X l d.� ir,gx_,Eassage by the Weld County Planning Commission. Be it resolv ��'"'y1ti Weld County Planning Commission that the application for: fjIi ' 6' CASE NUMBER: USR-849 IY SEP 2 6 1988 s i NAME: Associated Natural Gas, Inc. Lea 8�_a• �.,. . KiNEEL. CGLO. ADDRESS: 1401 17th Street, Suite 600, Denver, CO 80202 REQUEST: A Site Specific Development Plan and a Special Review permit for an oil and gas support and service facility in the A (Agricultural) zone district LEGAL DESCRIPTION: Part of the NWT NWT of Section 8, T7N, R58W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 2 miles west of Raymer; south of State Highway 14 and east of Weld County Road 123 be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 24. 7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Weld County Planning Commission that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: - The proposed use by special review is consistent with the Weld County Comprehensive Plan's Urban Growth Boundary Area Coals and Policies, and is located within the urban growth boundary area of the Town of New Raymer. The Town Board of Trustees reviewed this request and finds no conflicts with its interests. - The proposed use by special review is consistent with the intent of the Agricultural zone district and is provided for as a use by special review. - The proposed use is compatible with the existing surrounding land uses and with the future development of the surrounding area as permitted by the Agricultural zoned district. Uses on the surrounding properties include oil and gas production, dryland wheat production, and dryland pasture. No objections have been received from surrounding property owners. kI-,y,8/r 8 880999 Associated Natural Gas, Inc. USR-849 Page 2 - The applicant has demonstrated a diligent effort has been made to conserve productive agricultural land in the locational decision for the proposed use. No overlay districts affect the site. - Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. This recommendation is based, in part, upon a review of the application submitted by the applicant, other relevant information regarding the request, and the responses of the referral entities which have reviewed this request. The Weld County Planning Commission's recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review permit be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Prior to the issuance of building permits, copies of the following shall be submitted to the Department of Planning Services: - An approved Road Improvements and Maintenance Agreement; - evidence of a legal water supply, approved by the Division of Water Resources; and 4. Thirty days prior to beginning plant operation, signs stating "Truck Traffic" shall be requested from the State Highway District 4 Traffic Safety Engineer. Motion seconded by Ann Garrison. 880999 Associated Natural Gas USR-849 Page 3 Vote: For Passage Against Passage Ann Garrison Jerry Burnett LeAnn Reid Lynn Brown Ernie Ross Bud Halldorson The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY _I, Danna Nelson, Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on September 20, 1988, and recorded in Book No. XI of the proceedings of the Planning Commission. Dated the 21st day of September, 1988. Kam, aa/ Danna Nelson Secretary 880999 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Associated Natural Gas, Inc. USR-849 1. The Special Review permit is for a Site Specific Development Plan and a Special Review permit for an oil and gas support and service facility as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Article 68 of Title 24 C.R.S. , as amended. 3. Waste oil, treatment, anti-freeze, and other associated liquid and solid wastes shall be stored and removed for final disposal in a manner -that protects against surface and groundwater contamination. 4. An air Emissions Permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health. S. No permanent disposal of wastes shall be permitted at this site. -B. A spillage retention berm shall be required around the tank battery. The volume retained by the spillage berm shall be greater than the volume of the largest tank inside the berm. 7. A septic system for the proposed office shall be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. 8. Fugitive dust shall be confined on this site. 9. Maximum permissible noise level shall not exceed the commercial limit of 60 dB(A) , as measured according to 25-12-102, Colorado Revised -Statutes. 10. All vessels containing flammable or dangerous materials shall be identified in accordance with the National Fire -Protection Association, #704M identification system. 11. The operator/applicant shall provide the New Raymer-Stoneham Fire -Protection District a list of four (4) names, phone numbers, and addresses of responsible parties it can contact twenty-four (24) hours a day in case of emergency. 12. Smoking shall be disallowed and "NO SMOKING" signs posted in those areas as required by the Colorado Oil and Gas Conservation Commission Regulations and the New Raymer Stoneham Fire Protection District. 880999 Development -Standards USR-849 Page 2 13. Fire extinguishers shall be maintained on the Special Review site at all times. 14. The appearance of the facility shall be maintained in a neat and orderly condition through periodic painting and maintenance. 15. All land within twenty-five (25) feet of any oil or gas tank containing flammable or combustible materials, or other appurtenant production equipment shall be kept free of weeds, grass, or rubbish. 16. -All Construction on the property shall be in accordance Mith the requirements of the Weld County Building Code Ordinance. 17. The property owner or operator shall be responsible for _complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 18. -The property owner or operator shall be responsible for complying with the -Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 19. Personnel from the Weld County Health Department, the New Raymer-Stoneham Fire Protection District, and the Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 20. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or -Development Standards are permitted. Any other changes shall be filed in the office of the -Department of Planning Services. 21. -The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 880999 INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION -Case Number USR-894 Submitted or Prepared Prior to Hearing at Hearing 1. Application 33 Pages X 2. One Application plat(s) 1 page(s) X 3. DPS Referral Summary Sheet X 4. DPS Recommendation X 5. DPS Surrounding Property Owner's Mailing List X 6. DPS Mineral Owner's Mailing List X 7. Three DPS Maps Prepared by Planning Technician X 8. DPS Notice of Hearing X 9. DPS Case File Summary Sheet X 10. DPS Field Check X 11. Letter dated August 30, 1988, from Division X of Water Resources. 12. letter dated August 31, 1988, from the State X Highway Department. 13. Memo dated September 7, 1988, from Weld County X _Engineering Department. 14. Memo dated August 1, 1988, from Weld County X Health Department. 1 hereby certify that the 14 items identified herein were submitted to the _Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further _certify that these items were forwarded to the Clerk to the Board's office on September 26, 1988. Current Planner STATE OF COLORADO ) COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS alas slay 9f t . 4 ".„.t1,.a.. 19fl . SEAL n�vk t 4 C.534). + -- NOTARY Pl,'-BIIC My Commission Expires -y_ reb. ,989 0999 Ex�s an A EXHIBIT INVO NTORY CONTROL SHEET Case 1/S peCo( /< Exhibit Submitted By Exhi-bit Description �024 A. 47Z2l.I/2, -e122.61/1")-40./24177"..:, 17 B. 47777z.G7/0 e d n-7,7 Cu7 /CC-4 f,�n�¢/ 111L'BYJr/l�an��af a D. l/ F. G. H. I. J. R. L. M. N. 0. 880299 Date: September 20, 1988 CASE NUMBER: USR-849 NAME: Associated Natural Gas, Znc. ADDRESS: 1401 17th Street, Suite 600, Denver, CO 80202 REQUEST: A Site Specific Development Plan and a Special Review permit for an oil and gas support and service facility in the A (Agricultural) zone district LEGAL DESCRIPTION: -part of the NW'Z NW' of Section 8, T7N, R58W of the 6th P.M. , Weld County, Colorado LDCATION: Approximately 2 miles west of Rayner; south of State Highway 14 and east of Weld County Road 123 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT PHIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance -with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the _Department of Planning Services' staff that the applicant has shown compliance with Section 24.3 of the Weld -County Zoning Ordinance as follows: - The proposed use by special -review is consistent with the Weld County Comprehensive Plan's Urban Growth Boundary Area Goals and Politi-es, and is located within the urban growth boundary area -of the Town of New Raymer. The Town Board of Trustees reviewed this request and finds no conflicts with its interests. - The proposed use by special review is Consistent with the intent of the Agricultural zone -district and is -provided for as a use by special review. - The proposed use is compatible with the existing surrounding land uses and with the future development cf the surrounding area as -permitted by the Agricultural zoned district. Uses on the surrounding properties include oil and gas production, dryland wheat production, and dryland pasture. No objections have been received from surrounding -property owners. - The applicant has demonstrated a diligent effort has been made to conserve -productive agricultural land in the locational decision for the proposed use. - No overlay districts affect she site. 8B0999 USR-849 Associated Natural Gas Page 2 - Special Review _Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. This recommendation is based, in part, upon a review of the application submitted :y the applicant, -other relevant information regarding the request, and the responses of the referral -entities which have reviewed this request. The JDepartment of _Planning Services' staff recommendation for approval is conditional upon the following: 1. The attached Development Standards _for the Special Revi-ew permit he adopted and placed on the Special -Review plat prior to recording the plat. The plat shall be -delivered to the Department of -Planning Services and be -ready for recording in the Weld County Cl-er-k and Recorder's office within 15 days of approval by thn Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Prior to the issuance of building permits, copies of the following shall be submitted to the Department of _Planning Services: - An approved Road Improvements and Maintenance Agreement; - evidence of a legal water supply, approved thy the Division of Water Resources; and 4. Thirty -days prior to beginning -plant operation, signs stating "Truck Traffic" shall be requested from the State Highway District 4 Traffic -Safety Engineer. s80999 SITE SPECIFIC DEVELOPMENT PLAN SPECTAL -REVIEW PERMIT DEVELOPMENT STANDARDS Associated Natural Gas, Inc. USR-84-9 1. The Special Review permit is for a Site _Specific Development Plan and a Special Review permit for an oil and gas support and service facility as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Article 68 of Title 24 C.-R.S. , as amended. 3. Waste oil, treatment, anti-freeze, and other associated liquid -and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater 'contamination. 4. An air Emissions -Permit shall ibe obtained from the Air Pollution Control Division, Colorado Department of Health. 5. No permanent disposal of wastes shall be permitted at this site. 6. A spillage retention -berm shall be required around the tank battery. The volume retained by the spillage berm shall be greater than the volume of the largest tank inside the berm. 7. A septic system for the proposed office shall be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. 8. Fugitive dust shall be confined on this site. 9. Maximum _permissible noise level shall not exceed the 'commercial limit of 60 dB(A) , as measured according to 15-12-102, Colorado -Revised Statutes. 10. All vessels containing flammable or dangerous materials shall be identified in accordance with the National Fire Protection Association, #704M identification system. 11. She operator/applicant shall provide the New Raymer-Stoneham Fire Protection District a list of four (4) names, phone numbers, and addresses of responsible parties it can 'contact twenty-four (24) hours a day in ease of emergency. 12. Smoking shall not be permitted atany time an the Special -Review permit. site NO SMOKING signs shall he placed and maintained on the subject site. 88099 Development Standards USR-849 Page 2 13. Fire extinguishers shall be maintained on the Speci-al Review -site at all times. 14. The appearance of the facility shall be maintained in a neat and orderly condition through perioflic painting and maintenance. 15. All land within twenty-five (23) feet of any oil or gas tank containing flammable or combustible materials, or other appurtenant production equipment shall be kept free of weeds, grass, or rubbish. 16. All Construction on the property shall be in accordance with the requirements of she Weld County -Building Code Ordinance. 17. The property owner or operator shall be responsible for complying with the Design Standards of _Section -24.5 of the Weld County Zoning Ordinance. 18. She property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 19. Personnel from the Weld County Health Department, the New Raymer-Stoneham Fire Protection District, and the Weld -County Department of Planning Services shall be granted access onto the property at any reasonable time in order to -ensure the activities carried out on the property comply -with the Development Standards stated hereon and all applicable Weld County Regulations. 20. The Special -Review area shall be limited to the plans shown hereon and governed by the foregoing -Standards and all applicable Weld County Regulations. Major changes from the plans or -Development Standards as shown or stated shall require the approval rEf an amendment of the Permit by the Weld County Planning Commission and the -Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of she Department of Planning Services. 21. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may he season for revocation of the Permit by the Board of County Commissioners. 880999 LAND-USE APPLICATION SUMMARY SHEET Date: September 12, 19-BB CASE NUMB-ER: USR-849 NAME: Associated Natural Gas, Incorporated ADDRESS: 1401 17th -Street, Suite 600, Greeley, CO 80631 REQUEST: Site Specific Development Plan an-d a Special Review permit for an oil and gas support and service facility. LEGAL DESCRIPTION: Part of the NW's NW' of Section 8, T7N, R58W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 2 miles west of the Sown of New Raymer, south of State Highway 14 and east of weld Lounty Road L23. SIZE OF PARCEL: 4 Acres, ± POSSIBLE ISSUES SUMMARIZED FROM -APPLICATION MATERIALS: The tritera for review of this Special Review permit is listed in _Section 24.3 of the Weld County Zoning Ordinance. The Department of Planning Services' staff has received specific recommendations from the Weld County Health department, Weld County Engineering Department, State -Engineer, Division of Water -Resources, and the State Highway Department. Referral responses have not been received form the Yew -Rayner-Stoneham Fire District, West Greeley Soil Conservation District, and the Town of New Raymer. No objections thave been received by the Department of _Planning Services' staff from surrounding property owners. 880999 ( ' C\ DEPARTMnoT OF PLANNING SERVICES & PHONE(303)356-4000 EXT.4400 reximA915 10th STREET ? t " GREELEY,COLORADO 80631 COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday, September 20, 1988, at 1:30 p.m. for the purpose of considering a Site Specific Development Plan and Special Review Permit for the property and the purpose described below. Approval of the request may create a vested property right pursuant to Colorado Law. _ APPLICANT: Associated Natural Gas, Incorporated LEGAL DESCRIPTION: Part of the NW} NW} of Section 8, 17N, R58W of the bth P.m. , Weld County, Colorado TYPE AND INTENSITY OF PROPOSED USE: Oil and gas support and service facility. LOCATION: Approximately 2 miles west of the Town of New Raymer, south of State Highway 14, and east of Weld County Road 123. SIZE: 4 ACRES, MORE OR LESS The public hearing will be held in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 915 Tenth Street, Room 342, Greeley, Colorado 80631, before the above date or presented at she public hearing on September 20, 1988. Copies of the application are available for public inspection in the Department of Planning Services, -Room _342, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado 80631 - Phone - 356-4_000, Extension 4400. Ann Garrison, Chairman Weld County Planning Commission To be published in the Platteville Herald To be published one (1) time by Septebmer 6, 1988 Received by: �./ G �i 880999 Date: — i 7 - ti u :...xv;r .\. \ Pavan l t t '. % ZS •• V�'. x°' 2• xJ x• ,k.-� v 1 Ji � _ _•- J• xa N In . N [ 1 r - - CI1 • a • i — I ._. . 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'' ,Y �_�. •• ��' ' F`+}, e'(. -4,-41;;&1:i.'l ' �r W,�I wt.-II: a -. '� Q iT t •• .44 Jw }1 `4 L .1,1:?, a� tv-r 4.'"x✓`' ♦:44;4 J' ' y�/^ • `r• ki 's{�.r.: �c r u 't' y', 'his ris +�t•Yr �rN r.h4il MI�(?.�i W7 Y ` �' !� a 'lv'i.�R R ,dF F .. �Il� pA FIELD CHECK FILING NUMBER: USR-849 DATE OF INSPECTION: September 12, 1988 NAME: Associated Natural Gas, Incorporated REQUEST: Site Specific Development Plan and a Special Review permit for an oil and gas support and service facility. LEGAL DESCRIPTION: Part of the NW' NWT of Section 8, T7N, R58W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 2 miles west of the Town of New Raymer, south of State highway 14, -and east of Weld County Road 123. LAND USE: N Highway 14, nryland wheat E Weld County Road 123, dryland wheat, and oil and gas production S Dryland pasture W Dryland pasture ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: The property is in dryland pasture and slopes from -east to west. Access to the site is from State Highway 14 to Weld County Road 123. Weld County Road 123 is a gravel county local. By: �L .,/lB9/ th A. Schuett Current Planner 880999 FIELD CHECK o Filing Number: USR-849 Date of Inspection: [� '„?6, — Applicant's Name: Associated Natural Gas, Incorporated Request: Site Specific Development Plan and a Special Review Permit for an oil and gas support and service facility. Legal Description: Part of the NWi NW} of Section 8, T7N, R58W of the 6th P.M. , Weld County, Colorado Location: Approximately 2 miles west of the Town of New Raymer, south of State Highway 14, and east of Weld County Road 123. Land Use: N Pi^/ /a n C// fc r.of /c._ A, e` ( > i E "t.cSS /Ca-- al Cd S Of 5c/_ n // W-1!r//A n C� Fci r rn /� .� c/ Zoning: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: /4e evil 171- 7' S' cJ Gv��l/6^fr /CS G //j7`/, /G7 / e / .7 A/7 �L r G�. /—� G`/c�ev 71-7 j gnat e of Board Member / 880999 REFERRAL -LIST APPLICANT: Associated Natural Gas, Incorporated CASE NUMBER: USR-849 SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY: " September 2,- 1988 NO SR NR NO SR NR X Weld County Health Dept. X Engineering Department X Office of Emergency Mngmt Ed Barring X State Engineer Division of Water Resources 1313 Sherman St. , Room 818 Denver, CO 80203 X State Highway Department P.O. Box 850 Greeley, CO 80632 X New Raymer-Stoneham Fire District New Raymer, CO 80742 X Colorado Oil and Gas Conservation Commission 1580 Logan Street, Suite 380 Denver, CO 80203 X West Greeley Soil Conservation Service 4302 9th Street Road Greeley, CO 80634 ✓ X Jerry Burnett Weld County Planning Commission Member Route 1 Grover, CO 80729 X Town of New Raymer P.O. Box 146 New Raymer, CO 80742 NO=No Objection SR=Specific Recommendations NR=No Response • 860999 OV.COL() 4� IP ROY ROMER il;" 9d JERIS A. DANIELSON Governor * O State Engineer *\ e r *1876 OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 August 30, 1988. Mr. Keith A. Schuett _ Weld County Planning Department 915 10th Street Greeley, CO 80631 Re: Associated Natural Gas, USR-849 NW1/4 NW1/4, Sec. 8, T7N, R58W Dear Mr. Schuett: We have reviewed the above referenced proposal to use a 4 acre tract for an oil and gas support and service facility. The proposed water supply source is the landowner's domestic well . This well , which appears to be unregistered, cannot be used for the proposed commercial purposes. We cannot recommend approval of this proposal until a legal water supply source is obtained. Sincerely, y, S-sec-e-14-Hal D. Simpson, P.E. Deputy State Engineer HDS/JCM:7183I cc: Alan Berryman, Division Engineer . Elton Watson, Water Commissioner Steve Lautenschlager i SEP 11988 Weld Co. Placmng Cummisslul. 880999 STATE OF COLORADO DIVISION OF HIGHWAYS Op P.O. Box 850 e ® Greeley, Colorado 80632-0850 - - - e (303) 353-1232 N+fl CO`OR o August 31, 1988 Weld Co. , S.H. 14 Assoc.Nat.Gas Site Plan 2 Mi. W. of New Raymer on S. Side S.H. 14 DOH File 45100 Mr. Keith Schuett Department of Planning Services Weld County 915 - 10th Street Greeley, CO 80631 Dear Mr. Schuett: We have reviewed the Associated Natural Gas, Inc. , application for a site specific development plan, and we -have the following comments. This proposed facility would obtain access from Weld Go. Rd. 123, which intersects S.H. 14, which is on the north side of the site. Due to the proposed amount of heavy truck traffic from this gas plant and the hill on S.H. 14 east of this intersects-on, "Truck Entrance" signs should be placed on each side of the intersection. The applicant should request these signs at least 30 days prior to the beginning of plant operations. This request should be directed to the District 4 Traffic and Safety Engineer, Mery Miller (350-2121) located at this office. Thank you for the opportunity to review this plan. Please contact this office if you have any questions. Very truly yours, DOUGLAS RAMES DISTRICT GINS J K. EC rier District Planning/Environmental Manager JKC:mbc(WJ) cc: M. Miller File: Crier-Jacobson via Raines SEP 6 1988 8843999 it. -- -- w. ca. Planaalg Gun;auYmr tioi ! Ei U To Keith Schuett, Planning Date Septemb r 7, 1988 COLORADO From Drew Scheltinga, County Engineer subject: Associated Natural Gas, USR-849 According to the review materials supplied, this site is estimated to generate 20 tractor-trailer loads per day. Weld _County Road 123 is a low-volume road and not able to support that type of traffic. It is my recommendation the applicant be required to pave Road 123 from State Highway 14 to the south property line. Also, because the requirement for paving is generated strictly by the applicant's use, the applicant should be responsible for maintenance of the asphalt. Thicknesses of asphalt and additional base course should be determined by the Weld County Engineering Department at a future date. There are no dimensions shown for the truck entrances. It appears to me the truck loading facility is very close to Road 123. I recommend there be a 100-foot tangent between Road 123 and the loading facility road. The way the present plot plan is drawn, I anticipate trucks may have maneuvering problems at the -entrances. DLS/mw:prang xc: Commissioner Yamaguchi Planning Referral File - Associated Natural Gas, USR-849 880999 filEfflORilnoum Weld County Planning August To Date • Health Protection Services �' ) COLORADO From v ro Case Number:USR 849 Name: Associate-d Natural Gas Subject: Health Protection Services tas reviewed till's proposal and recommends for approval, subject so the following conditions: 1. Waste oil, treatments, anti-freeve, and other -associated liquid and solid wastes, shall be stored and removed for final disposal in a manner that protects against surfaces and groundwater -contamination. 2. Required Emissions Permit is obtained from the -Air Pollution Control Division, Colorado Department of Health. 3. No permanent Aisposal -of wastes shall be permitted at this site. - 4. A spillage retention berm shall be required around the tank battery. The volume retained by the spillage berm should be greater than the volume of the largest tank inside the berm. 5. The septic system for the proposed office is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. 6. Fugitive dust must be confined on this site. 7. Maximum permissible noise level shall not exceed the commercial limit of 60db(A) , as measured according to 25-12-102, Colorado Revised Statues. RP- kg\�� SEP 6 1988 Weld Co. Plaaain 2ainm s'u.: 880999 SURROUNDING MINERAL OWNERS ASSOCIATED NATURAL GAS USR-849 Energy Minerals Corporation 1616 Glenarm Place Suite 1000 Denver, CO 80202 Associated Natural Gas, Inc. Attention: J. Roger Grace 1401 Seventeenth Street Suite 600 Denver, CO 80202 880999 SURROUNDING PROPERTY OWNERS ASSOCIATED NATURAL GAS INCORPORATED USR-849 Ms. Wilda E. Olson 8811 Lilienthal Avenue Los Angeles, CA 90045 Bulrington Northern Railroad Co. c/o V.D. McKnire Manger Property Tax 777 Main Street 2600 Continental Plaza Fort Worth, TX 76102 Ms. Dorothy W. Shepperd + 44;141-, Box 330 Lim 5ou#-h Wes+ 3+r`e_e- Fort Morgan, CO 80701 Mr. Roy Dwayne Shepperd New Raymer, CO 80742 880399 GENERAL INFORMATION FOR SPECIAL REVIEW PERMIT APPLICATION ASSOCIATED NATURAL GAS, INC. - NEW RAYNER GAS PLANT Associated Natural Gas, Inc. is proposing to build a 30 million cubic foot per day natural gas processing plant. This facility is being built to supply natural gas to the front range market and to enhance the marketability of gas liquids derived from Weld County oil and gas wells. The proposed facility will be located at the intersection of WCR 123 and Highway 14 . The surrounding area is zoned for agricultural use. The facility will operate as a business with no proposed residential unit on the site . The closest residence is approximately one ( 1 ) mile to the east . The surrounding properties are presently grassland. The facility will operate around the clock. It will be operated by a four person crew 12 hours a day, and will operate unattended at night. The maximum number of users, patrons, members, buyers, or other visitors is not expected to exceed four at any given time. Vehicular traffic will consist of approximately twenty LPG semi- trailer transport trucks a day ( 72 , 000 lbs . gross weight) and operator pick-up trucks . The transport trucks will leave the site by one of the two proposed accesses onto WCR 123 and then get onto State Highway 14 . Domestic water for the site will be supplied at the rate of 3 GPM by the landowner . This rate will be adequate for the potable water and occassional wash-down use. In the event the landowner cannot supply adequate water, permission is granted by the lease agreement to obtain a permit for, and drill, a water well. (See pages 6 and 7 of lease agreement) Water can also be purchased and trucked from New Raymer if necessary. A septic system will be installed to county specifications and sized to accommodate the equivalent of a single family residence. No additional sanitary facilities will be required. Application has been made to Weld County for permission to install the septic system. (A copy of the application is attached. ) The fire protection measures necessary for a processing plant of this type consist primarily of continual attention to safety procedures by the employees . Fire extinguishers will be available at the facilities and in all vehicles; however, if a major fire occurred, even the local fire departments would not be able to control such a fire. It would be necessary to shut down the gas pipeline system and let the fire burn itself out. With 880999 this in mind, automatic emergency shutdown valves are included In the facility design. Fire protection is also provided by the 'dew Raymer-Stoneham Tire Protection District. This fire protection district has been contacted and has stated that fire protection will be provi-ded . Membership in the district was not a stipulation for fire protection. It is not the intent of Associated Natural Gas, Inc . to store or stockpile -any quantity of materials or waste at the site. There is no waste associated with this facility, and the only materials that will be stared are valves anti pipin-g materials for maintenance and repair of the facility. Product storage -will be natural gas liquids. The operator intends to construct the plant incrementally over the next year -as gas production in the area increases . The landscaping will consist of graveling the entire site and providing periodic -spraying for heed control. The reclamation procedure to be implemented when the plant is no longer needed for use consists of selling all major equipment and -moving it from the site. Only -a minor amount of piping and unsalvageable material would remain. All roads within the proposed site will be graveled and natural drainage will be controlled so that it does not exceed the normal runoff from the site prior to construction of the facilities . There are no storm water retention facilities planned for the present site . All equipment will be block or skid mounted at least one foot above natural grade. There will be no pits located on the site. Weekly trash pick-ups by B.F. I . are planned for the proposed addition. There are -presently two pipeline booster compressors located on the site. The new compression units will be located to the east of the existing compressors . The planned ti-metable for the proposed plant is for construction to begin on November 1 , 1988 and for -start-up to take place by the end of 1988. The proposed equipment that will affect noise levels is comparable to the Associated Natural Sas, Greeley Gas P1-ant. The Greeley plant has recently been monitored and found to be in compliance with Weld County and State of Colorado noise laws. (Please see copy of attached letter. ) The heater that is on the proposed Glycol Skid will be of the same design as the Greeley plant. The same amount of compression horsepower is planned for both sites. Associated Natural Gas, Inc. is requesting approval to build and operate the natural gas processing plant on the subject property which is presently zoned agricultural under the county regulations or use by special review. This is consistent with the Wel-d County Comprehensive Plan -and similar -plants are in a-gricultural zones . Future development in the area is 880999 anticipated to be additional agricultural uses with continued development of the oil and gas in Weld County. This future development is compatible with the use intended and in fact is necessary in the case of oil and gas development. A United States Air Force missile silo is located approximately 5/8 of a mile from the proposed plant site . The Air Force requires that there be in structures within 1/4 mile of its facility. The facility will be designed in accordance with the following applicable codes to insure the protection of the health and safety of the inhabitants of the neighborhood and of Weld County and to meet all Weld County ordinance requirements . * - ANSI B31 . 3 - Chemical Plant and Petroleum Refinery Piping * - ANSI B31 .8 - Gas Transmission and Distribution Piping Systems * - ANSI BPV-VIII-1 - Rules for Construction of Pressure Vessels - American Petroleum Institute - Welded Steel Tank for Oil Storage - National Electric Code - National Fire Protection Association - Flammable Liquids and Code Handbook - Liquified Petroleum Gases Handbook - DOT 49CFR Part 192 - Minimum Federal Safety Standards for Gas Lines * ANSI - American National Standards Institute In compliance with Weld County and State regulations , the applicant has applied for the appropriate emissions permits . A copy of the lease agreement on the subject property is included in this application. The equipment listed below is the total major equipment planned for the gas plant. - (4) 30,000 gallon LPG storage tanks - (8) 1100 H.P. compressors - 300 BBL condensate tank - 30 MMCFD process skid or (2) 15MMCFD skids 880999 - Glycol skid - (2) truck loading terminals - 25' x 40' office (control room) - Pipe and valve -storage area (open area) - -Plant metering - Pig launcher and receiver. 88C999 nginejerit r dynamics July 20, 1988 Mr. Calvin Rashall, Project Manager Trigon Consultants, Inc. 1401 17th Street, Suite 600 Denver, CO 80202 Dear Mr. Rashall: On Tuesday, July 19, 1988, sound measurements were taken about the Associated Natural Gas Inc. Greeley Plant. The purpose of the measurements was to determine the effectiveness of noise con- trol measures applied to the combustion burners. Results are as follows: 1 . Location 1 South east corner of plant between gate posts of entrance. A - 66 500 - 64 31 - 78 1K - 59 63 - 77 2K - 56 125 - 76 4K - 51 250 - 70 8K - 44 2. Location 2 Center of access road located just west of storage tank next to main road. A - 55 500 - 47 31 - 77 1K - 42 63 - 74 2K - 40 125 - 68 4K - 35 250 - 58 8K - 32 At this location the sound level is in compliance with the daytime limit of 55 dB(A) . 3. Location 3 Center of second access road located east of plant. This is the road leading to the Ishiguro residence. A - 51 500 - 44 • 3925 south kalamath street •' 21 charleville rd. englewood, colorado 80110 ["^I ' (303) 761-4367 4 A rathmines 6, Irelann s Ireland Mr. Calvin Rashall, Project Manager Sound Measurements taken on July 19, 1988 Page 2 31 - 74 1K - 39 63 - 68 2R - 38 125 - 63 4K - 35 250 - 53 8K - 31 The sound levels at this location are in compliance with the daytime limit of 55 dB(A). 4. Location 4 On the second road east of the plant leading to the Ishiguro residence and south on that road to the storage shed which is half way down the road. The microphone was positioned at a height of 8 feet so that it was not shielded by the stand- ing corn. The sound level at this location was 46 dB(A) which is in compliance with the daytime limit of 55 dB(A) and the night- time limit of 50 dB(A) . The measurements conducted on July 19, 1988 show that the sound level that will occur at the residences located south-east of the plant will be less than 50 dB(A) and are in compliance with the State of Colorado Noise Law. If we can be of further service or if you have any questions regarding this information, please contact me at our Englewood office. Very truly yours, ENGINEERING YNAMM�I/CS,y`� �"INC. Howard N. Mc egor,r P.E. eng ieering dyr csr 880999 a: 1 S"r SI 6 k44. k j■�:SP r •t S� 55 1.>:,, ,�� . . Ti 4t .. ja-�. . 5 ,.:- ash +l..4. .�.•.- A,. Ai t Y '`` v^ + •' `j,- T ',i t:pof 65 t. 4 "3 e JW 44 ,". , r �►� • : i a ll�//��•�� w 1' ft. ,mss • 45 ♦ 4 } Y lip -7"11;41.)7. •,w2. ij 45 'It . +, f. [mow 'yP•'•v.,�•", „�r , y ` F � -._ ---+•---�- 47$Ci-' Ws :t Y .r 1711 4 r I t t 37 �•�1 � - 15 t� 65 ('444) 45 .tom,f {.R`,, A,y.�it ` ': i s �"� t,,,,, , '. r' ,i, 65 .. 72 Ih { 37 4 p T 10-4 t JW'r ';1, • 1 � .`-:/ •{ As x 1 tr45 , -}}l , ' •y" f I 45 �� 'j�.� f - ,� 4l"- t t' •T' ; a4 � �l ��:_. may,{ :.ter -1:4-...t ._,,,,,..�'.- _T({_ , _ .i. _'' sr w.- �J`, 64 �' ut _ a5 �zy 6S 'i ? j .. 4.,..1.74;,,i' ,,: M 'fir• • 65 1 ''.41 ,Y i '1.'4'25,,'1.'4'25,,'1.'4'25,, i 65 I4 I 1-455 Pfi ' 44. )i ,1s, ♦ I it. - to I. .1 - s 4i 6a 4 44 S ' a : C I • 65 •> .s a s "�z+ _. . 20 4A :5-,,.. ..•3/4,A 4 t 21 _ ?.R. .� ` t 't S,. 11. 1 ",�,- - 41, •+2? 40 F ��-r ,r'y .., w',IL!! - 4Fl .j. {4 44 4• Of(t , ' I • 4 t' K ..'5 . _45,1 fs --F —•s+' 656�'.Ss, • i �+i r, ,,5 1) . 880999 • bid County, Colorado, Northern Part 31 This mapumit is in c-apability subclass Vle, 41—Nunn clay loam, 0 to 6 percent slopes. This onirrigated, and in Loamy Plains range site. deep,srell drained soil is on slightly dissected plains and stream terraces. It formed in calcareous loamy alluvium. 40—Nunn loam, 0 to 6 percent slopes. This deep, Typically, the surface layer is grayish brown clay loam relLdrained soil is-on-slightly dissected plains and ' 8 inches thick. The subsoil is clay loam 14 inches thick. tream terraces. It formed in calcareous loamy alluvium. The substratum to a depth of 60 inches or-more is Typically, thesurface layer isgrayish brown loam 7 calcareous clay loam. In-some areas thesurface layer is fiches thick. The subsoil is clay loam 25 inches thick. loam. 'hesubstr-atum to a depth of 60 inches or more is Included in this_unitaresmall areas of-Aver fine sandy alcareous clay loam. Insomeareas thesurface layer is loamand Manzanola clay loam. lay loam. Permeability of this Nunn soil isslow. Available water Included in this unitsre small areas of-Aver fine sandy capacity is high.fffective rooting4epth is-SO inches-or dam and Manzanolaxlay loam. more. Runoff is-medium, and the hazard of-water-erosion Permeability-of this Nunnsoil isslow. Available-water isslight to moderate. The hazard of soil blowing is-slight. rapacity is high. Effective-rooting'depth is 60 inches or This unit is usedasTangelandendlonirrigated nore. Runoff is medium, and the hazard of-water-erosion cropland. Winter wheat is the-main crop. s-slight to moderate. The hazard of soil blowing isslighL The potentialplantreommunity on this unit is mainly This unit issised as nonirrigated cropland and blue grams, westem-wheatgrass, green needlegrass,and angeland. Winter-wheat is the mainbrop. buffalograss. The averageannual production of air-dry This unit issuited to winter-wheat, barley, oats,and vegetation ranges-from 400 to 1,200 pounds. sorghum. Low annualprecipitation is the-rain limitation. If the range is overgrazed, the proportion_of preferred 3ecause precipitation is notsufficient for annual forageplants-decreasesand-he proportionbf less :copping, au:ropping system that includessmall grain preferred forage plants increases. Therefore, livestock rid summer fallow isTnostsuitable. Precipitation usually grazing ahouldbe-managed so that the desired balance s too low for crops-on this unit to make efficientuisebf ofdreferred species is maintained in the plant !ertilizer. community. Maintaining crop-residue on or near the surfac-e Rangeseeding is-suitable if the range is in poor 'educes runoff, reduc-essoil blowing, and helps to condition. The plants selected for seedingshould meet maintainsoil tilth and organic matter content.Stubble- theeeasonal requirements of livestock or-vildlife,br mulch farming, striperopping,and-minimum tillage help to both. Other management-practices ihataresuitable for control erosion and conserve moisture. Terraces reduce -use on this unit are proper range use, deferred grazing, runoff and the risk of-erosion and help to conserve and-rotation grazing. If the�lant cover is disturbed, moisture. protection from erosion is needed.l-oss of the surface The potential plant-community-on thisumit is mainly layer results in a severe decrease inbroductivity and in blue-grama, western wheatgrass,sedges, and the potential of the soil to produce plants suitable for grazing. buffalograss. The averageennual production of air-idry This unit is well suited to winter wheat, barley, oats, vegetation ranges from 500 to 1,500 pounds. If the range is overgrazed, the.proportion of preferred and sorghum. The fine texture of the surface layer limits forage plants-decreases and the proportion of less the crops that can be grown on this unit. Because precipitation is not sufficient for annual cropping,a preferred forage plants increases. Therefore, livestock cropping system that includes small grain and summer grazing should be managed so that the desired balance fallow is most suitable. Precipitation usually is too low for of preferred species is maintained in the plant crops on this unit-to makeefficient use of fertilizer. community. Maintaining crop residuebn or near the surface Range seeding is suitable if the range is in poor reduces runoff, reduces soil blowing,end helps to condition. Theblants selected for seeding should meet maintain soil tilth and organic matter content.-Stubble- the-seasonal requirements of.livestock or wildlife, or mulch farming, striperopping, and minimum tillage help to both. Other management practices that aresuitable for controisrosion and conserve moisture. Terraces reduce use on this unitare proper range use, deferred grazing, runoff and the riskbf erosionend help to conserve and rotation grazing. If the plantbover is disturbed, moisture. protection from erosion is needed.loss of the surface This unit is wellsuited to windbreaksand layer results inasevere-decrease inproductivity and in -environmental plantings. Supplemental irrigation may be the potential of thesoil to produce plantssuitable for needed when planting and during dry periods. grazing. This map unit is in capability-subclass IVe, This unit is wellsuited to windbreaks and nonirrigated,and in Clayey Plains range site. environmental plantings. Supplemental irrigation may be needed when plantingand during-dry periods. 42—Olney loamy sand, 0 to 3 percent slopes. This This map unit is in capability subclass IVe, deep, well brained soil is on smooth to-slightly dissected nonirfigated, and in Loamy Plains range-site. plains. It formed inoalcareous loamyelluvium. 8809139 Weld County, Colorado, Northern Part 43 6/average annual production of air-dry vegetation ranges Permeability of this Terry soil is moderately rapid. from 800 to 2,000 pounds. Available water capacity If the range is overgrazed, the proportion of preferred depth is 20 to-40 inches is . R Runoff isslowf ective rooting and the hazard forage-plants decreases and the proportion of less of water erosion is moderate to high. The hazard of soil preferred forage plants increases. Therefore, livestock blowing is moderate. grazing should be managed so that the desired balance Thisanit is used as rangeland. of preferred species is maintained in the-plant The potential plant community on this unit is mainly community. blue grama, sand dropseed, prairie sandreed, and Range seeding is suitable if-the range is in poor needleandthread. The average annual production of air- condition. The plants selected for seeding should meet dry vegetation ranges from 700 to 1,800 pounds. the seasonal requirements of livestock or wildlife, or If the range is overgrazed, the proportion of preferred both. Other management practices that are suitable for forage plants decreasessnd the proportion of less use on thisanit-are proper range use, deferred grazing, preferred forage plants increases. Therefore, livestock and rotation grazing. If the plant cover is-disturbed, grazing should be managed so that the desired balance protection from soiltlowing is needed.lossMfthe of preferred species is maintained in the plant surface layer results in a severe decrease in productivity community. and in the potential of the soil to produce plants suitable Range seeding is suitable if the range is in poor for grazing. condition. The plants selected for seedingahould meet the seasonal requirements of livestock or- wildlife, or This unit issuited to winter wheat, arley,Aats, and both. Other management practices that aresuitable for sorghum. Because precipitation is notsufficient for annual cropping, a cropping system that includes small asenn this unit are-proper range use, deferred grazing, grainsndsummer fallow is most suitable. Precipitation and rotation grazing. If the plant cover is disturbed, usually is too low fornrops on this unit to makeefficient protection from erosion is needed. Loss of the-surface use-of fertilizer. layer results in a severe decrease in productivity and in Maintaining crop residue on or-near the surface thepotentialtf the soil to-produce-plants suitable for reduces runoff, reducessoilblowing, and helps to grazing. maintain soil tilthand organic matter-content. Stubble- This unit is well suited to-windbreaks-and mulch farming, striperopping, and minimum tillage help to environmental plantings. The main limitations are control erosion and conserve moisture. Terraces reduce restricted rootingdepthsnd low available water capacity. runoff and the risk of erosienand help to conserve Supplemental irrigation maybe neededwhen planting moisture. and during dry periods.Summer fallow, cultivation for This unit is well-suited to windbreak-sand weed control, and selection ofadapted plants are environmental plantings. The main limitations are needed to insure establishment and survival of restricted rooting depth-and low available water capacity. seedlings. Supplemental irrigation may be needed-when planting This ated a t is in capability subclass Vle, and during dry periods. Summer fallow, cultivation for nonirrigted, and in Sandy Plains rangesite. weed control, and selection of adapted plants-are 66—Thedalund-Keota Ioams,71 to 3 percent-slopes. needed to insure establishment and survival of This map unit isMn-moderately dissected-alluvial fans, seedlings. lings, unit is in capability subclass We, upland ridges, andplains. nonirrigated, and Sandy cap Plains-range subclass site. This unit is about 45 percent Thedalund loamand about 35 percent Keota loam. The components of this 65—Terry-sandy loam,0 to f percentzlopes.7his unit are so intricately intermingled thatit-vas not moderately deep, well drained soilis on-moderately practical dto map them aaoat 20 at percent scale used. dissected to highly dissected plains. It formed in Included in m this unit is aboutm p nd Shingle c yilt calcareous-sandy residuum derived fromsandstone. loam. Kim loam, Mitchell silt loam, and clay Typically, thesurface layer is grayish brown sandy lu Also included make k are some areas percentof of_thRockzute o al loam 5 inches thick. The subsoil is sandy Included areas up about 20 oflhe total thick. The substratum is calcareous loamy bsaand115inches acreage. inches thick. Sandstone sat a depth of 132 inches. The drained. It form d calcareous oa y re and m Depth to sandstone-ranges from 20 to-40 inches. frof n It formed in sandstone,e shale,h and n residuum derived Included in this unit are small areas of Olney fine from aye grained celyeris brown lone. Typically, tk. Below layer grayish stick. sandy loam, Vona sandy loam, and Tassel loamy fine inches thick. Below this is loam22 inches thick. sand. Also included-aresmall areas of soils that have a Sandstone isata depth of 25 inches. Depth to subsoil of sandy clay loam and have sandy shaleats sandstone, shale, or siltstone ranges from-20 to 40 depth of 20 to 40 inches and soils that have slopes of inches. The-soil is calcareous throughout. less than 3 percent. Included areas make up about 13 Permeability of the Thedalund soil is moderate. percent of the total acreage. Available water capacity is moderate.Effective rooting 8S0999 1••ISI'1 ,)t;P APPLICATION FOR J:NDIV:I.DiJAi... .?'EWAt;F DISPOSAL SYSTEM 5r WELD COUNTY HEALTH DEPARTMENT NEW APPLICATION ENVIRONMENTAL r'1i:::(1I...'Ii"I SERVICES 1516 Pi 't I" :I:T r"i E... ROAD , is R i..E..E...I '1` . CO 00631 353-0635 EXT- 2225 OWNER r'iE 'i::lt.'J:i=ij l::' NATURAL t:,A.S ADDRESS CO LO i••IYw i •-, !,. i. i • ... r.......,,., .�: 1!1...E I... I ,.,i ` I i 1 t,..tJ,.. . r..t. f t i_)r:)r`•.i::. •,a i.I F PROPOSED SYSTEM i..CO LO Ol i I LEI ;! r.. I f, r, W NEW i.�I F :. • ..� t: i 41 t:;E�2 'i �?: N E tA 1A Y M 1:::R'. CO 00742 LEGAL DESCRIPTION Cif SITE : N t i 4 SEC 7 ROG 58 LOT BLOCK 0 FILING USE TYPE : COMMERCIAL GAS PLANE SERVI .FY : PERSONS 1 ,> BATHROOMS 1 , 00 ! SITE 00 ACRES BEDROOMS r I-,i.i t.t ni ' (:) BASEMEN, {: PLUMBING n:,.. ... I G•E I I .,...... .> ,r),.:....1 ..i +•t. l..,!l:,.I.f`•I5.,• 1`,•:.! 4�!�11I::.I�: SUPPLY �' I:.. ...... APPLICANT ACKNOWLEDGES T'I;IAT THE COMPLETENESS OF THIS IS APPLICATION IE CONDITIONAL Uri:: FURTHER MANDATORY AND ADDITIONAL (F: 'T,`i AND REPORTS AS MAY BE I.. :;:I: I .i. ... ., ... COUNTY HEALTH H DEPARTMENT A..... THE .. .. ..... .. ..... . DEPARTMENT•,.. ...,... •T'i:T BE 1::. . ... .. FURNISHED.l:;':'I ... G� i::'E.Fi. �'',i'`I j i s:;F ;F:�;r �('I.l f:. MADE l%I::• AND i��' 'i•,�- .. ..I!:..f) .t_}� THE is WEf...i? i...:!..::.il'•ET''r' HE...A1IH ...i'i I..Ai 1 ' i::NT FOR PURPOSES,E::.k or EVALUATION ' THE :: i_`:::. AND THE ISSUANCE t.!I• THE I E:. PERMIT• ..�., SUBJECT..� ._. .. ,. r i: I f.. :. ...�':,'T�: :;.:i i•:! :•::•„ .. . .I.... S1.1i..,,.lEc...i I:::1 ::rl'::II AND C:OND:l:Ti:j:: , - I,;:: ' •; :: �. NECESSARY • U I.1`J tJI:';.. COMPLIANCE WITH .:• .( + , Y . ,I I.(,I...,.: � 1 I III i.5.i1...1...,.: ,•1N REGULATIONS:.;..;I•:,.:. ADOPTED ii ...; {..�I, r:: i0 , TITLE ':,::3 CR.:•: 1 AMENDED . .. l'il�: , :E:i:';...i:: .... THE. '5 i' i CERTIFIES I ,::- i +::.I"i i,::,.i !..!... NOT 1 i'•,1::. LOCATED WITHIN 400 FEET r I {-1 i" I A�r'COMMUNITY, N i!'r Iii I::.E��:::�:i:I:: is I::::ii HEREBY CERTIFIES,....i.....:: .. ...:.. SEWAGE ... .. � ... , .. l...r''. .f.! i.I... THAT ALL ;T.F�I.T..I:::;�ti:::;•,;'T, ' MADE , NE_.t::ii SUBMITTED I••ll:�'F�::.,i....i .. AND}'., .,,,:.. :i, .. ., :� .... .. ..F,:.. i....... ......... .. :.. , INFORMATION, . >+�t`t:)�V E�:;:f�'i�illi....;:. .u t is i': ;,..,i, I..l� .I . II (11! I.,..t..,l t, l,i.,l, T ) r' RERFEENTF5 TO BE TRUE I: 1 t..I.i... (, I (I T:'{.. i•:!:.i. ON .i i i. I'ls:.. .:..:1;;::: FOR Ii' PURPOESi'i{: i.. i.i. PERMIT i:...—iAN THAT ANY FAIE..iFTCA7O DR f�i i'r ! ' i : : ....... . . . .. .. .... . ....:.. ,..,. . !; I .ON i. .I. • is. i'EI::i::.l' 1 .i O . ti . . i5 ......g........t ...... 4A. . . ... ... ...iii::. C.) /0(:.3/00 ' ) -I:,...1,! r r.l: I ,.:..i '_ : I LJI"41:.. DATE i.I t i i::. 880999 ARdI50067 B 1204 RT 02150067 08/02/88 13 :5C $36 . 00 1/012 F 0966 MAxY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • LEASE AGREEMENT This Agreement made and entered into this 30th day of July, 1988, by and between Roy Dwayne Shepperd, whose address is 23 Raymer Avenue, New Raymer, Weld County, Colorado 80742, and Dorothy W. Shepperd, whose address is 411 South West Street, Fort Morgan, Morgan County, Colorado 80701, hereinafter collectively referred to as "Lessor, " and Associated Natural Gas , Inc . , a Colorado corporation, whose address is 1401 Seventeenth Street, Suite 600, Denver, Colorado 80202 , hereinafter referred to as "Lessee. " 34ITP1EHS. ETH THAT: WHEREAS, Lessor is the owner of the real property described below and on Exhibit A attached hereto and desires to lease said real property to Lessee for business purposes as defined herein; and, WHEREAS, Lessee -desires to lease the real property described below, hereinafter referred to as the "Leased Premises, " for the purposes of constructing, operating and maintaining a natural gas processing plant, together with such other materials, pipelines, equipment or apparatus deemed necessary by Lessee for the efficient operation thereof; NOW, THEREFORE, for and in consideration of Five Thousand and 00/100 Dollars ( $5 , 000 . 00) cash in hand paid, the mutual covenants and promises herein contained, the parties hereto agree as follows : 1 . LEASED PREMTSES, 1 . 1 Subject to the provisions hereof, Lessor hereby leases to Lessee the real property described on Exhibit A hereto which is incorporated herein by reference, together with all improvements located and constructed thereon, hereafter referred to as the "Leased Premises . " 1.2 This Lease Agreement constitutes and evidences the lease by Lessor to Lessee of surface rights only and shall in no way be construed or imply a conveyance of any mineral rights or water rights held by Lessor underlying the Leased Premises . 1 . 3 Compressor Site Agreement. The Leases Premises includes lands heretofore conveyed to Lessee by Lessor pursuant to that certain Compressor Site Contract dated June 16, 1988 and recorded in Weld County records in Book No. 1203 at Reception No. 02148778 . Notwithstanding anything to the contrary herein, this Lease Agreement shall not in any way limit Lessee ' s rights under the Compressor Site Contract (nor the 880999 B 1204 REC 021 .,067 08/02/88 13 :50 $3 _ . 00 2/012 F 0967 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO duration of same) , and Lessee shall be permitted to utilize the lands encompassed by the Compressor Site Contract for any purpose permitted by this Lease Agreement. The Compressor Site Contract and this Lease Agreement shall not be deemed merged due to the parties ' execution of this Lease Agreement. 2 . PURPOSE 2 . 1 Lessee intends to utilize the Leased Premises to construct, operate, expand and maintain natural gas processing facilities in connection with Lessee ' s purchase, transmission, processing, fractionation and resale of natural gas and natural gas liquids to be carried on in the geographic area in which the Leased Premises is located, with an easement for ingress and egress to said processing facilities by Lessee ' s trucks and trailers and parking of the same, together with such other materials, equipment or apparatus deemed necessary by the Lessee for the -proper conduct of its business, hereinafter referred in the aggregate as the "facilities . " 2 .2 Lessee shall have the right to make any and all improvements deemed necessary upon the Leased Premises , including, without limitation, construction and installation of such buildings, improvements, equipment, fixtures, machinery and installations on the Leased Premises as may be necessary or convenient in accomplishing the purposes of this Lease. All such improvements constructed or installed by Lessee on said Leased Premises shall remain the property of Lessee and may be removed by Lessee as provided herein. 3 . UPKEEP OF PREMTSES AND UTTT,TTTEq 3 . 1 Lessee agrees , at its expense, to maintain the Leased Premises and Lessee' s facilities thereon in good condition and free from spilled hydrocarbons and debris or any other condition which may be hazardous to the operation of the facilities . 3 .2 If Lessee desires to obtain any utility connections on the . Leased Premises, Lessee agrees to pay all connection and meter fees as well as costs for any extension and/or maintenance of the lines . Lessor expressly authorizes Lessee to grant utility easements over or within portions of the leased -premises to serve the leased premises during the lease term without the joinder of Lessor. [LEASE] -2- 830999 3 _Z04 RiC 02 fl06i 08/ 02/88 13 :50 $36 . 00 3/012 F 0968 MARY AN FEUERSTEIN CLERK & RECORD WELD CO, CO jjj 4 . la am f/ 4 . 1 Subject to the provisions hereof, the Primary Term of this Lease shall be for a period of ten ( 10 ) years, commencing -on August 1, 1988 and terminating July 31, 1998 . 4 . 2 At Lessee ' s sole option, upon termination of the Primary Term or any successive Renewal Term (defined below) , this Lease shall be renewable for successive Renewal Terms of ten ( 10) years each. 4 . 3 Lessee 's option to extend this Lease for successive Renewal Terms shall be exercised by Lessee ' s providing Lessor with notice of such exercise at least' thirty ( 30 ) days prior to the end of the _Primary Term or any Renewal Term. 5 . RENTAL 5 . 1 Lessee shall pay to Lessor as rent hereunder for the Primary Term hereof the sum of Three Hundred and 00/100 Dollars ( $30-0 . 00) per year, the first payment of which shall be due _on the date of all parties ' execution of this Lease Agreement, and subsequent payments due on the anniversary date of same.. The annual rent for each Renewal Term shall be established by adjusting the previous term' s rent (Primary or Renewal, as applicable) by the change in the Price Index (or successor index) during such previous term, and shall be due and payable upon commencement of the applicable Renewal Term and anniversary dates thereof . The Price Index shall mean the Price Index for rental of commercial property, as prepared and published by the United States Department of Labor in its publication "The Consumer Price Index For All Urban Consumers . " 6 . COMPLIANCE WITH GOVERNMENTAL AND ENVIRONMF TAL RFO IRFMENTS 61. Lessee ' s operations and facilities on the Leased Premises shall comply with all federal, state and otter governmental requirements, including but not limited to statutes, rules and regulations pertaining to . safety, health and environmental protection, including countyand subdivision covenants . 6 .2 Lessee shall comply with all governmental laws , ordinances and regulations applicable to the Leased Premises , and shall promptly comply with all governmental orders and directives for correction, prevention and abatement of nuisances or prohibitive [LEASE] -3- 880999 B 1204 REC 021 067 08/02/88 13 :50 $ . 00 4/012 t F 0969 MARY ANN FESJERSTEIN CLERK & RECORDEA WELD CO, CO acts on the Leased Premises , or connected therewith, all at Lessee ' s expense . 7 . TAXES 7 . 1 Lessor shall pay promptly when due all real property taxes levied against the Leased Premises, subject to the limitations set out telow. 7 . 2 -Lessee shall pay promptly when due any use or occupation tax, license or permit fee that may be payable because of Lessee 's use of or operations on the Leased Premises, as well as any personal property taxes assessed against any personal property and/or fixtures placed upon the Leased Premises by Lessee. In the event city, county or state property taxes levied against the Leased Premises are increased and such increases are attributatl-e to Lessee ' s construction and operation of the facilities thereon, Lessee shall pay Lessor all such tax increases as they apply to the Leased Premises within thirty (20) days of receipt of invoice therefor from Lessor, with all supporting documentation. In the event such tax increases are assessed for a tax year extending beyond the term of this Lease, Lessee shall pay its proportionate share of such increases for the portion of said year during which Lessee occupied and utilized said Leased Premises . 8 . WARRANTY OF 'PITLE AND SUBROGATION 8 . 1 -Lessor warrants title to the Leased Premises and will defend the same against all persons , and agrees that Lessee shall have the right at any -time to redeem on behalf of Lessor, by payment thereof, any debt, taxes or other liens thereon in the event of default _by Lessor and be subrogated to the rights of the holder thereof and may deduct any such payments from subsequent rentals , or enforce any other rights and remedies afforded by Law. 9 . DEFAULT 9 . 1 If Lessee uses the Leased Premises for illegal or unlawful purposes, is adjudged a bankrupt or files a petition in bankruptcy, or if Lessee defaults in the performance or observance of any of the terms, covenants and stipulations hereof, and if such failure or default shall continue for a period of thirty ( 30) days after written notice thereof by Lessor to Lessee, then and in such event, Lessor shall have the right to [LEASE] -4- 880999 • B 1204 REC 02 0067 08/02/88 13 : 50 5 .DO 5/D12 F 0970 MARY ANN FEUERSTEIN CLERK & RECORL...tt WELD CO, CO pursue such legal remedies as may be available to protect lessor' s rights and the Leased Premises . 9 . 2 In the event Lessor fails to comply with or perform in accordance with the terms, covenants and stipulations contained herein, such failure shall constitute an event of default on the part of :Lessor. 10 . SURRENDER OF LEAFED PREMISES 10 . 1 Upon termination of this Lease, lessee shall surrender the Leased Premises to Lessor peaceably in as good condition as when received by Lessee, usual wear and tear excepted. If Lessee regrades the site for purposes of its Aperations on the Leased _Premises, Lessee shall not be required to restore the site to its previous contours at termination. Lessee shall remove the personal property, fixtures or other improvements placed or constructed on Leased Premises by Lessee, as provided herein, within one hundred eighty ( 180) days from the effective date of such termination. 1O .2 In the event Lessee abandons the Leased Premises for a period of twelve ( 12 ) consecutive months, this Agreement shall be deemed terminated and Lessee shall be required to take those actions required above regarding surrender cf the leased Premises upon termination. 11 . INSURANCE AND INDEMNIFICATION 11 . 1 Lessee, during the -base term hereof and any renewals or extensions thereto, shall obtain and maintain in force and effect adequate property and personal liability insurance coverage relating to its operations to be carried out upon the Leased _Premises . 11 . 2 Lessor shall not be liable either to Lessee or to Lessee ' s employees, agents or invitees, or to any other person whomsoever, for any death, injury to person or damage to property on or about the Leased Premises when caused solely by Lessee ' s use and occupation thereof and activities thereon; and Lessee stall and -hereby does agree to indemnify, save and it hold harmless Lessor of and from any and all claims, demands, actions or causes of action of whatsoever kind stemming from or arising out of Lessee ' s use and occupation of and activities tarried out upon the Leased :'remises . [LEASE] -5- 8809-99 a I ' ' ' 2, . Jc 1:01_ F 0971 MARY A' FEUERSTEIN CLERK& RECORP-I WELD CO, CO 12 . OTHER PROVT IONS 12 . 1 Fences. Lessee will fence that portion of the Leased Premises enclosing Lessee ' s facilities . Any fence constructed by Lessee -shall be of good and sufficient character capable of turning livestock of ordinary disposition, and Lessee will maintain such fence in a good state of repair during the lease term. Lessor reserves the right on termination of this Lease to require Lessee to tear down any fence so constructed or retaining the -same for Lessor' s future use and benefit. 12 .2 Force Majeurn . It is expressly understood and agreed that if the curing of any default (other than the failure to pay rent) or the performance of any other covenant, agreement, obligation -or undertaking herein contained is delayed by reason of war, civil commotion, act of God, governmental restrictions, regulations or interference, fire or other casualty, or any circumstance beyond Lessee ' s control or beyond the control of the party obligated or permitted under the terms hereof to do or perform the same, regardless of whether any such circumstances similar to any of those enumerated or not, each such party shall be excused from doing or performing the same during such period of delay. 12 . 3 Water Supply. a) Lessor shall supply Lessee with Lessee ' s water requirements for the Leased Premises at an average rate of three (3) gallons per minute. b) Lessor shall provide the well, pump, motor, electricity, and all other fittings and appurtenances necessary to supply water to Lessee, including a water tap (the "Tap" ) , all of which shall be located at Lessor ' s existing well (the "Well" ) , located on Lessor' s contiguous tract to the Leased Premises . Lessee shall construct the necessary pipeline from the Tap to bring water to the Leased Premises . It is the intent of the parties that Lessee shall not be required to provide any facilities to provide water delivery to the Leased Premises, except for construction of the aforesaid pips. c) Water shall be delivered to Lessee at the Tap at a' pressure of between 3D and 60 psig. [LEASE] -6- 850999 • B 1204 REC 021! 67 033/02/8B 1330 1$3' 00 7/012 F 9972 MARY ANN FEUERSTEIN CLERK & REGORDE.. WELD CO, CO d) Lessor hereby grants and conveys unto Lessee an easement (the "Easement" ) to construct, own, operate, maintain, repair and _replace a pipeline from the Tap -to the -Leased Premises, which Easement shall be nonexclusive. lessee agrees to bury its pipeline below plow depth. The Easement 's location shall provide as direct a route as possible to the Leases Premises, and shall be established by reasonable, mutual agreement of the parties, without further consideration. e) Lessor represents and warrants that it has water • available to supply to _Lessee under the terms of this agreement. The provisions of this Section 12 . 3 shall be a covenant running with lessor' s land upon which the Well and the Easement are located. f) If Lessor is prevented from supplying water to Lessee as set forth in this Section 12 . 3 _due to govern mental _acti on or otherwise, -notwithstanding Lessee shall_ have to the contrary herein, anything the right to apply for and drill a well_ to provide water to the Leased Premises , based on the acreage of the Leased Premises . Upon termination of this Lease Agreement, the water rights corresponding to the Leased Premises ' acreage shall become the property of Lessor. 12 . 4 Right of First Refusal . If Lessor elects to convey the Leased Premises , or any interest therein, _luring the term of this Lease Agreement, Lessor agrees to give Lessee the right to purchase the teased Premises (or interest therein) upon the same terms and conditions as offered by a third party in a bona fide offer, which option shall be exercised as follows: Lessor shall provide Lessee prompt notice of such bona fide third-party offer to purchase the Leased Premises (or interest therein) with full particulars, whereupon Lessee shall have thirty (30) days to notify Lessor whether Lessee agrees to match the terms of said third-party offer. _.Lessor shall not convey the Leased Premises (or interest therein) to any third party except pursuant to this Section 12 .4 , or on terms more favorable to such third party than as disclosed in Lessor ' s notice to Lessee. 13 . ENTIRE AGREEMENT 13 . 1 This Lease Agreement constitutes the entire agreement between the parties and no amendments, additions , [LEASE] -7- 890999 i F 0973 MARY ANN "EUERSTEIN CLERK & RECORDED WELD CO, CO deletions, or modifications may be -made thereto except as mutually _agreed upon in writing between the parties hereto. 13 . 2 The terms, conditions and covenants contained herein shall inure to the benefit of and be binding upon the • parties hereto, their heirs, personal represent-ativ-es , executors, successors and assigns . 14 . NOTICES 14 . 1 All notices required or permitted to be given hereunder shall be deemed properly given upon delivering the same to the party to be notified, or upon mailing the notice by registered or certified mail, return receipt requested, to the party to be notified at such party' s address set forth ₹below, or to such other address as the party -to -be notified may have designated prior thereto by written notice to the other: LESSOR: Roy Dwayne Shepperd 23 -Raymer Avenue New Ramer, Colorado -80742 and to: Dorothy W. Shepperd 411 South West Street Fort Morgan, Colorado 80701 LESSEE: Associated Natural -Gas, Inc . 1401 Seventeenth Street, Suite 600 Denver, Colorado 80202 Attn: J. Roger Grace 15 . CONSTRUCTION OF AGREEMENT 15 . 1 This Agreement shall be construed and governed by the laws of the State of colorado. IN WITNESS WHEREOF, this instrument has been executed by the parties tereto . as of the day and year first above written. LESSOR: fr ROY DWAYNE SHEPPERD [LEASE] -8- 880999 • B 1204 REC 9215_0067 _08/02/-88 13 :50 $3b .00 9/012• ` F 0-974 MARY ANN FEUERSTEIN CL£RR 4 RECORDER WELD CO, CO LESSOR: DOROTHY M7./ SHEPPERD✓ i ATTEST: LESSEE: ASSOCIATED NATURAL GAS, INC. , A COLORAD _CORPO TION LBY: BY: ER IK B. CARL N, CA CRETA Y C. zieGRAFFENR , PRESIDENT STATE OF COLORADO) MORtAN ) ss : COUNTY OF Z WO ) Before me, Susan J. Miller , a Notary Public in and for said Coun ty and State, on this 30th slay of _July, 19438, personally appeared -toy Dwayne Shepperd, known to me to be the individual stated above and acknowledged to me that the executed this Lease Agreement for the considerations and purposes therein set forth. Given under my hand and seal of office this 30th -day of July, 1_98_43 . chn NOTARY PIJBL `` NT- COMMISSION EXPIRES: 2/2/91 [LEASE] _9_ 880999 Is 1 :u4 Rr(' 0Uioc/bb 1 : 5U •• F 0975 MARY A FEUERSTEIN CLERK & RECORI t.WELO O/NCO STATE OF COLORADO) ss: COUNTY OF MORGAN ) Before me, Susan J. Miller , a _Notary Public in and for s-aid County and State, on this 30th day of July, 198-8, personally appeared Dorothy W. Shepperd, known to me to , be the individual stated above and acknowledged to me that he executed this Lease Agreement for the considerations and purposes therein set forth. Given under my hand and seal of office this 30th -day 0f July, 1988. ' 2 t.CX fN NOTARY PUBLIC / _ MY- COMMISSION EXPIRES: 2/2/91 STATE -OF COLORADO ss : CITY AND COUNTY OF DENVER) /1 s i / (JGy . ' Before me, . (J -rr .x i�if " '' i � r� , a N�tary Public in and for said County ' and State, on this clu `. day of July, 1988, personally appeared J. C. deGraffenried -and Erik B. Carlson, known to me to be the President and Secretary, respectively, of Associated _Natural Gas, Inc . , a Colorado corporation, on behalf of said corporation and acknowledged to me that they executed this Guaranty for the considerations and purposes therein set forth. Given under my hand and seal of office this . Yttiay of July, 1988 . ay-4„,„,„/ NOTARY PUBLIC MY COMMISSION EXPIRES: [LEASE] -10- 880999 F 0976 MARY ANN r -'TJERSTEIN CLERK & RECORDER T";LD CO, CO EXHIBIT "A" LEGAL DESCRIPTION. A parcel of land being part of the Northwest Quarter (NW1/4) of Section Eight (8) , Township Seven (7) North, Range Fifty-eighth ( 58 ) West of the Sixth Principal Meridian (6t-h P.M . ) , Weld County, Colorado, and being more particularly described as follows : BEGINNING at the Northwest Corner ( NW Cor) of said Section 8 and assuming the West line of said NW1/4 as bearing South 00. 23'33" West as indicated on deed recorded June 24, 1983 in Book 1000 under Reception Number 01931328 of the records of the Weld County Clerk and Recorders : 4 Thence South 00. 23 '35 West along said West line, 110 . 1 feet to the TRUE POINT OF BEGINNING: Thence along the Southerly Right-of-Way (ROW) line of the Colorado Department of Highways by the following three (3) courses and distances South 87. 18 ' 15" East, 30 . 0 feet North 46. 32 '4011 East, 69 . 3 feet South 87° 18' 15" East, 369 . 54 feet Thence South 00. 23'35" West, 481 . 95 feet; Thence North 89. 36 .25" West, 449 .20 feet to a point on the West line of said NW1/4; Thence North 00° 23' 35" East along said West line, 450 . 00 feet to the TRUE POINT OF -BEGINNING. Said described parcel of land contains 4. 000 acres, more or less, and is subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now existing en said described parcel of land . SURVEYOR'S CERTIFICATE I hereby certify that this legal description was prepared under my personal supervision and that it is true and correct to the best of my knowledge and belief. • 44tsr % p0R Charles B. Jones S • 0: Colorado Regist- ed Profes i T�a122Q98 H Land Surveyor 22098 �I t , O , C.11 V • •• ° ...."°."�-� `70ff Project Number : 1988-1068 ��0'_- Date : July 26, 1988 JONES-WININGER Professional Surveyors, Inc . Greeley, Colorado 880999 • B 1294 REC 02150067 0-8/D2/8 13 :50 $30 .-00 12/-012 F 0977 MARY ANN FEDERSTEIN CLERIC & RECORDER WELD CO, CO ADDENDUM THIS ADDENDUM -made and entered into this 30th day of July, 198B, by and between Roy Dwayne Shepperd, Dorothy W. Shepperd and Associated Natural Gas , inc. , by an Addendum to the attached to the attached Lease -Agreement bearing same date. 12. 3 Water Supply g) Lessee shall pay unto the Lessor the sum of $300.09 per year as rent for the water furnished under this • agreement, the first payment of which shall be due upon the date of the execution of the Lease Agreement and subsequent -payments 'due on the anniversary date of the same. It is also agreed that upon termination of the subject Lease for any reason, the water pipeline referred to in this Section 12. 3 shall become the property of the Lessor_ LESSOR: P.9-0,45 .1,, oy Awayne Shfperd LESSOR: Dorothy W../ he.ppe � f/ e, LESSEE: ASSOCIATED NATURAL GAS, INC. , A COLORAD CORPORATION By: C. eGRAF , PR SIDENT 830999 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property Township 7 Nnrt-h Ranges set uast 6th P M Section 8: A 4 acre square tract in the Northwest corner of the NW'ANW'A. STATE OF COLORADO ) ss. COUNTY OF MELD ) THE UNDERSIGNED, being first duly sworn. states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses and the corresponding Parcel Identification Number assigned by the Meld County Assessor of the owners of property (the surface estate) within • five hundred (500) feet of the property -subject to the rpplication. This list was compiled from the records of the Weld County Assessor. or an ownership update from a title or abstract company or attorney, derived from such records, or from the records ofthe Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty (30) days of the application submission date. Scott R. Knutson The foregoing instrument was subscribed and sworn to before me this 21Rtday t„ly , 192E:4 Scott R. Knutson WITNESS my hand and official seal . My Commission expires: Li I Fla cnca6Uhl/kJ Notary Public 880999 NAMES OF OWNERS OF 1PROPERTY WITHIN 300 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION # Wilda E. Olsen 8-811 Lilienthal Ave. 0723050001)19 (LE) Los Angeles . CA 901)43 Burlington Northern % V.D. McKnite 072303000020 R.R. CO (Manager Property Tax) 777 Main St . 2600 Continental Plaza Fort Worth. TX 76102 NOT-:• This land has been recently purchased by Associated Natural (;nc Inc L.li1Aa F Olsen 8811 Lilienthal Ave. 072306000018 (TF) ins Angeles . CA 90045 Rnrlingtnn Northern L V.D. McKnire 072306000-017 R R rn (Manager Property Tax) 777 slain St . 2600 Continental Plaza Fort Worth, TX 76101 bOTE• This land has been recently purchased by Associated Natural • CAC, Tnr Tlnrnthy W. S-hepperd MR1 , Box 330 072307000004 (1) Ft. Morgan. CO 80701 880999 SAMS OF MTh OF _PRIME= WITHIN $00 MT Please print sr typo SANE ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE -AND ZIP CODE IDaTIiICATIoII Roy _Dwayne Sheoperd Npw Raymer, CO 80749 072307000004 (k) nnrnthy W. Sheppard MR1. Box 330 072308000005 (t) Ft. Morgan. CO 80701 Rny nwayne Shepperd N-ew Rymer. CO 80741 072308000008 (-) • 830999 USE BY SPECIAL REVIEW APPLICATION Department of Planning Services, 915 Tenth Street. Greeley, Colorado 80631 Phone - 356-4000 - Ext. -4400 Case Number Date Received Application Checked by Mylar plat submitted Application Fee Receipt Number Recording pee Receipt Number qM ====== TO BE COMPLETED BY APPLICANT: (please -print or type, -except for necessary signature) I (we) , the undersigned, hereby request a hearing before the Weld -County Planning Commission and Weld 'County Board of 'County 'Commissioners concerning the proposed Use by Special Review Permit on the following described unincorporated area of Weld County, Colorado: LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA:NW1/4 NW1 /4Section 8 T N, R W N`d1 4 LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed:W1 /2 NW1/4 -Section 8 T 7 N. R 58 W Property Address (if available) PRESENT ZONE1 Agricultural OVERLAY ZONES TOTAL ACREAGE 4 PROPOSED LAND USE Industrial EXISTING LAND USE Agricultural SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW PERMIT: Name: Associated Natural Gat, Inc. Address: 1401 17th St Suite 600 City -Denver , CO Zip $0202 Home Telephone 9 Business Telephone 9 303-292-3331 Name: Address: City Zip Home Telephone S Business Telephone 9 APPLICANT OR AUTHORIZED AGENT (if different than above) : Name: Trigon Consultants Address: 1401 17th St. . Suite 300 City Denver , CO Zip80202 Home Telephone 1 Business Telephone 9 303-296-9645 List the bwner(s) and/or lessees of mineral rights on or under the subject properties of record. Name: Roy Dwayne ShepDerd and Dorothy W. Shepoerd Address: MR1 . Box 330 Ctty yt. Morgan, CO r ' i Zip 80701 Name: Energy Minerals Corporation Address: 1616 G1-enarm Pl. St .1000 City Denver, CO Zip 80202 I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within the application are true and correct to the best of my knowledge. COUNTY OF WELD ) STATE OF COLORADO ) Signature: Owner or Authorised Agent Scfnecribad and sworn to before -me this ,?'"1 day -of `1�OTARY PUBLIC My commission expires `—.? 7 -y?) 880999 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SU$SURFACE Application No. Subject Property Trnmchip 7 North, Rang, SR Wact_ 6th P.-M. Section 8: A 4 acre square tract in the Northwest rnrnpr of the NW NWli_ STATE OF COLORADO ) as. COUNTY of VELD ) THE UNDERSIGNED, being first -duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names and addresses of all -mineral owners -and lessee of mineral owners on or under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office, or from an ownership update from a title or -abstract company or an attorney. Scott R. Knutson The foregoing instrument was subscribed and sworn to before me this 21st day of July , 1988. WITNESS my band and official seal. Ny Commission expires: GAILAiLL i\- C.(94) �� ` ►� 1Qa Notary Public 880999 NAMES S ANtI "I FSCF}.'S nF ..* .r !lease print or the NAM ADDRESS. TOWN/CITY. STATE AND ZIP CODE ASSESSOR'S IDENTIFICATION PARCEL IEICaTION 08 New Ra mer CO 80742 072308000008 • 1616 Glenarm P1 . 072368000008 t 1000 ver CO -80202 880999 COMMITMENT -FOR TITLE INSURANCE ISSUED BY TRANSAMERICA -TITLE INSURANCE COMPANY AMOUNT PREMIUM Associated Natural Gas, Inc . OWNER $ 500,000.00 $ 1 , 200 .50 827 11th Street MORTGAGE S $ Greeley, CO 80631 MORTGAGE $ $ Attn: James F. Kirkpatrick ADDITIONAL CHARGES $ COST OF TAX CERTIFICATE $ SURVEY COSTS $ Your Reference : Commitment No. 8027087 CC ' s To: ss/ COMMITMENT TO INSURE Transserica Title Insurance Company, a Califoraia corporation, herein called the Company, for a valuable consideration, hereby cosits to issue its policy or pWlicies of title insurance, as identified in Schedule A, in favor of the proposed instead used is Sehedale A, as owner or mortgagee of the estate or interest covered hereby in the laid described or-referred to is Schedule A, upon-payseat of the pralines and charges therefor; all subject to the provision of Scndalse A an I tad to the coalitionamd stipulations attached. Customer Contact: Kim/tlf 8y Margaret Stephenson Phone: 352-2283 Authorised Signature The effective date of this commitment is July 21, 1988 at 7 : 00 A.M. At which time fee title was vested in: ROY DWAYNE SHEPPERD, as to an undivided 1/2 interest; and DOROTHY W. SHEPPERD, as to an undivided 1/2 interest 880999 SCHEDULE A 1 . Policies to be issued: (A) Owner' s: LEASEHOLD: ASSOCIATED NATURAL GAS, INC. , a Colorado Corporation (3) Mortgagee ' s: 9 0999 PAGE 2 80;7044 .Thn Le ad SCHEDULE A - Continued 2 . Covering the Land in the State of Colorado, County of Weld. Described as : Leasehold Estate created by Lease between Roy Dwayne Shepperd and Dorothy W. Shepperd, Lessors, and Associated Natural Gas, Inc . , a Colorado _Corporation, Lessee, covering the following described property: A parcel of land being part of the Northwest Quarter of Section Eight, Township Seven North, Range Fifty-eight West of the Sixth Principal Meridian, being more particularly described as follows : BEGINNING at the Northwest Corner of said Section 8 and assuming the -West line of said NW1/4 as bearing South -00'23 ' 35" West as indicated on deed recorded June 24 , 1913 in Book 1000 under Reception Number 01931328; thence South 00' 23 ' 35" West alonv said West line, 11D. 7 fast to the TRUE POINT OF BEGINNING; thence along the Southerly right-o₹way line of the Colorado Department of Highways by the following three courses and distances : South 87' 18 ' 13" East, 30 . 0 feet North 46' 32 ' 40" East, 69. 3 feet South 87 ' 18 ' 15" _East, 361. 54 feet thence South 00' 23 ' 35" West, 481 .15 feet; thence North 89' 36 ' 25" West, 449. 20 feet to a point on the West line of said NW1/4; thence North 0-0' 23 ' 35"East along said West line, 450. 00 feet to the TRUE POINT OF BEGINNING. PAGE 3 8027087 880999 SCHEDULE A - Continued REQUIREMENTS 3 . The following are the requirements to be complied with prior to the issuance of said policy or policies. Any other instrument recorded subsequent to the date hereof may appear as an exception under Schedule l of the policy to be issued. Unless otherwise noted, all documents must be recorded in the office of clerk and recorder of the county in which said property is located. A. Duly acknowledged Lease from ROY DWAYNE &HEPPERD and DOROTHY W. SHEPPERD to ASSOCIATED -NATURAL GAS, INC. , a Colorado Corporation. PAGE 4 8027087 880999 SCHEDULE B THE POLICY OR POLICIES TO BE ISSUED HEREUNDER WILL NOT INSURE AGAINST: 1 . Rights or claims of parties in possession not shown by the public records . 2 . Easements , or claims of easements, not shown by the public records . 3 . Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records . 4 . Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records . 5 . Taxes due and payable and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district. 6 . Rights of way for county roads 30 feet wide on each side of section and township lines, as established by order of the Board of County Commissioners for Weld County, recorded October 14 , 1889 in Book 86 at Page 273 . 7 . Reservation of right of way for any ditches or canals constructed by authority of United States, in U.S. Patent recorded April 10, 1914 in Book 396 at Page 111 . 8 . Oil and gas lease between Dorothy W. Shepperd and Energy Minerals Corporation dated December 9, 1982 , recorded December 13 , 1982 in Book 984 as Reception No. 1911274, and any interests therein or rights thereunder. NOTE: Extension of the above lease as claimed by Affidavit of Production, pursuant to CRS 38-42-106, by Energy Minerals - Corporation, recorded April 19, 1983 in Book 993 as Reception No. 1923963 and December 26, 1985 in Book 1096 as Reception No. 2037098 . 9 . Oil and gas lease between Roy Dwayne Sheppard and Energy Minerals Corporation dated December 9, 1982, recorded December 13, 1982 in Book 984 as Reception No. 1911275 , and any interests therein or rights thereunder. PAGE 5 8027087 880999 NOTE: Extension of the above lease as claimed by Affidavit of production, pursuant to CRS 38-42-106 , by Energy Minerals Corporation, recorded April 19, 1983 in Book 993 as Reception No. 1923963 and December 26, 1985 in Book 1096 as -Reception No. 2037098 . 10 . Easement and right of way for natural gas pipeline purposes granted to Schreider Operating Company by Roy D. Shepperd and Dorothy W. Shepperd by instrument recorded June 14 , 1985 in Book 1073 as Reception Nos . 2013459 and 2013460 , in which the specific location of the easement is not defined. 11 . Easement and right of way for a pipeline compressor, storage tanks, meters, gate valve or gate valves with any by-passes, cross-overs, scraper traps or other material , apparatus, and equipment used in connection therewith or incident thereto, as granted to Associated Natural Gas, Inc . , a Colorado Corporation by Dorothy W. Shepperd and Roy Dwayne Shepperd, in the instrument recorded July 20, 1988 in Book 1203 as Reception No. 02148778, the location of which is shown in the map attached to said instrument. NOTE: The following notices pursuant to CRS 9-1 . 5-103 con- cerning underground facilities have been filed with the Clerk and Recorder. These statements are general and do not necessarily give notice of underground facilities within the subject property. (a) Mountain Bell Telephone Company, recorded October 1, 1981 in Book 949 as Reception No. 1870705 . (b) Colorado Interstate Gas Company, recorded August 31 , 1984 in Book 1041 as Reception No. 1979784 . (c) Associated Natural Gas , Inc . , recorded March 3 , 1988 in Book 1187 as Reception No. 2132709 . PAGE 6 8027087 880999 Transamerica Title Insurance Company Arapahoe-Douglas Counties Jefferson County 2000 West Littleton Boulevard Littleton 1675 Carr Street,Lakewood (303)795-4000 (303)231-2800 Denver-Adams Counties Lorimer County 1800 Lawrence Street.Denver 151 West Mountain Avenue.Fort Collins (303)291-4800 (303)493-6464 Scuttles s County unt Boulder Pueblo County 131 627 North Main Street.Pueblo (303)443-7180 (303)543-0451 • • El Paso County Routt-Jackson Counties -418 South Weber Street,Colorado Springs 507 Lincoln Street.Steamboat Springs (303)834-3731 (303)879-1611 Weld County 1113 10111 Avenue,Greeley (303)352.2283 b j f „ I! Trammunerica Title Insurance Services -CONDITIONS AND STIPULATIONS Please read carefully 1. This is a Commitment to issue one or more policies of title insurance in our Standard Form when the requirements set forth in the Commitment have been satisfied. The policy is available and should be examined before this Commitment is used if there is any question about coverage. 2. Only the policies shown are committed to. If there are any changes in the transaction, order an amendment from us. 3. The date on this Commitment is important. Nothing after that date has been considered by us, 4. This Commitment is good for 6 months only. Extensions should be ordered from us if they are needed. C.30139 ATTENDANCE RECORD PLEASE write or print legibly your name , address and the name of the applicant or Docket # for the hearing you are attending . TODAY' S HEARINGS ARE AS FOLLOWS: DOCKET # 88-60 - USR, Basin Exploration, Inc. DOCKET # 88-61 - USR, Fiechtner DOCKET # 88-62 - USR, Brosnahan DOCKET # 88-63 - USR, Associated Natural Gas , Inc . NAME ADDRESS HEARING ATTENDING 75-4- 1-4/1" (3A''o Siv,ah/,1"'.: )3o G• a Y L. _ \law eS CT'k'S{4 T�CryL ��'/D wt��.e re /et O& .Sir r.5-Y GFF ST()Lt_ W, C. M791_ 7N t?E'1"7 t 7Clq a 4— S - f c L7c' P F 1 Y3 6/ S ,, itiN, ; l��c� 3�� Phi �'3 Xi° 11/1 SAV9 C2- 88€ 999 Hello