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I NS If �in] ii Pr sh i rnx Z i , irit:Pi* ill,lit 7 )ec E ., - , 7oJ Gib!. 2y}t i d F Zs RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY IN THE A (AGRICULTURAL) ZONE DISTRICT - WINDSOR GAS PROCESSING (OILCOM CORPORATION) 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 18th day of January, 1989 , at the hour of 10 : 00 a.m. in the Chambers of the Board for the purpose of hearing the application of Windsor Gas Processing (Oilcom Corporation) , 1600 West First Street, Loveland, Colorado 80537 , 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 NE} NW* , Section 32 , Township 4 North, Range 66 West of the 6th P.M. , Weld County, Colorado WHEREAS, said applicant was represented by Ralph Nelms , and WHEREAS, Section 24 .4 . 2 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 . 4 .2 of the Weld County Zoning Ordinance as follows : a. The proposal is consistent with the Weld County Comprehensive Plan' s Urban Growth Boundary Goals and Policies , and is located within the urban growth boundary area of the Towns of Platteville and Gilcrest. The Gilcrest Town Council and the T�- ✓3/4<3" :.67 890078 Page 2 RE: USR - WINDSOR GAS PROCESSING Platteville Planning Commission reviewed this request and have no objections to this proposal. The proposed Special Review Permit is in an area that will not interfere with urban development. b. The proposed use 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 which include farm fields and rural residences . Special Review Permit Conditions of Approval and Development Standards will mitigate concerns about compatibility with surrounding land uses . No objections have been received from surrounding property owners. d. No overlay districts affect the site. e. 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 shall 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 office of the Weld County Clerk and Recorder 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, a copy of the following shall be submitted to the Department of Planning Services : 890078 Page 3 RE: USR - WINDSOR GAS PROCESSING a. An Air Emissions Permit from the Air Pollution Control Division, Colorado Department of Health, for fugitive dust and odors; b. A soil erosion control plan approved by the Platte Valley Soil Conservation Service; c. A drainage plan approved by the Weld County Engineering Department; and d. A letter requesting the revocation of Special Review permits #856 , 857 , and 858 submitted by Windsor Gas Processing. 4 . Prior to recording the Special Review plat : a. The owner/operator shall submit and have approved a Subdivision Exemption application; and b. The plat shall be amended to show one access onto Weld County Road 40 . 5 . A Road Maintenance Agreement shall be approved by the Board of County Commissioners prior to semi-truck traffic exceeding two trips per day. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of January, A.D. , 1989 . BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED and Clerk to the Board C.W. Kirby, Chairman B . z.et.) J c e John s n, Pro-Tem D putt' County rk APPROVED AS TO FORM: ene R. Brantne l — Georgen y G County Attorney Gor . ac 890078 DEVELOPMENT STANDARDS Windsor Gas (Oilcom Corporation) USR-866 1 . The Site Specific Development Plan and Special Review Permit is for an oil and gas support and service facility in the Agricultural Zone District as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. 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, treatments, antifreeze, 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, for fugitive dust and odors , and the requirements of the permit shall be maintained at all times . 5 . No permanent disposal of wastes shall be permitted at this site. 6 . A spillage retention berm shall be installed 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 . The septic system(s) for the proposed office and mobile home shall be designed by a Colorado Registered Professional Engineer in accordance with 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 industrial limit of 80dB (A) , as measured according to 25-12-102 , Colorado Revised Statutes . 10 . A current list of the maximum quantities of hazardous materials expected at the site shall be maintained with the State Health Department, Division of Waste Management, and Weld County Office of Emergency Management pursuant to C.R.S . 29-22-107 (2) (A) . 890078 Page 2 DEVELOPMENT STANDARDS - WINDSOR GAS PROCESSING 11 . The 300-barrel condensate tank and 100-barrel water tank _shall be located no closer than 100 feet to all propane storage tanks. 12 . A current map of the location of the gas supply shutoff valves shall be maintained with the Platteville Fire Protection District. 13 . Smoking shall not be permitted at any time on the Special Review area. "NO SMOKING" signs shall be placed and maintained on the subject site . 14 . All vessels containing flammable or dangerous materials shall be identified in accordance with the National Fire Protection Association, #704M identification system. 15. No less than one 40A 240BC rated fire extinguisher shall be located and maintained on the Special Review site at all times. 16 . 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 dry weeds, grass , or rubbish. 17 . The soil erosion control plan approved by the Platte Valley Soil Conservation Service shall be maintained at all times . 18 . The appearance of the facility shall be maintained in a neat and orderly condition through periodic painting and maintenance . 19 . A six foot chain link fence, topped with three strands of barbed wire , shall enclose the Special Review area. 20 . All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 21 . The property owner or operator shall be responsible for complying with the Design Standards of Section 24 . 5 of the Weld County Zoning Ordinance. 22 . The property owner or operator shall be responsible for complying with the Operation Standards of Section 24 . 6 of the Weld County Zoning Ordinance. 23 . Personnel from the Weld County Health Department, Platteville Fire Prevention District, and Weld County Department of Planning Services shall be granted access onto the property 890078 Page 3 DEVELOPMENT STANDARDS - WINDSOR GAS PROCESSING 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. 24 . 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 . 25 . 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. 890078 PUBLIC NOTICE The Board of County Commissioners of Weld County, Colorado, on January 18, 1-989, conditionally approved a Site Specific Development Plan and a Site Specific Notice 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: Windsor Gas Processing (Oilcom Corporation) 1600 West 1st Street -Loveland, Colorado 80537 LEGAL DESCRIPTION: Part of the NE} NW} of Section 32, Township 4 North, -Range 66 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: 5 acres, more or less Failure to abide by the terms and conditions of approval will xesult in a forfeiture of the vested property right. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND ELERK TO THE BOARD BY: Mary Reiff, Deputy PUBLISHED: January 25, 1989, in the Platteville -Jerald S90078 Affidavit'of Publication STATE OF COLORADO County of Weld ss. I A.Wlnkler72lesel of said County of Weldteing duly sworn.say that I anrpubllsher of PLATTEVILLE HERALD . that.the same is a weekly newspaper ofgeneral circulation was printed and published in the town of PLATTEVILLE inlaid county-and state that the notice of advertisement. of which the annexed is a true copy has been_published in said weekly Po bMaetl Jar t* ►latawNe Herald newspaper for January 25,191. , 0-yy— consecutive weeks: that the notice was published in the regular and entire issue oflvery PUBLIC NOTICE number of said newspaper during the period and time of publication TheBoard of Cant'Commissioners of of-said notice and in the newspaper proper and not in a supplement Weld County.CAS on January Ili, _thereof:that the first publication of-said notice was contained in the 1989, wedRlertid approved a Site issue of said newspaper bearing the date of Specific DeveN~Plan and a Site Specific Notice a property and • r"1S A.D..1-915 and the last publication purpose deacritatakabw. Conditional approval of this creates a vested th L ta�j th of said newspaper.bearing date, property right p ut to Ankle 6$of TRW 24, CRS; amended, for a the ^e1 r day of prod of three `) , 19�, that the said APPLICANT:Loa ado 80537 Process'JIOiorom torpot 1600 West 1st Street,Lovaa*Gas 80537 PLATTEVILLE HERALD LEGAL_tIESC • Part of the has been published continuously and uninterruptedly during the NEW NWY.of 22,Township 4 of at least fifty-two consecutive weeks next prior to the first North,Range otthe 6th P.M., period Walg.Courp. , • issue thereof containing said notice or advertisement above referred to: and that said newspaper was at the time of each of the TYPEANDINTIRIBNY OF APPROVED publications of said notice duly qualified for that purpose within the -USE:Oil and EM'sj,po t and service meaning of an act entitled. "An Act Concerning Legal Notices, facility In the A IA9rkultunO Zone Advertisements and Publications and the Fees of Printers and District . Publishers thereof. d to Repeal all Acts and of A'etp In i SIZE OF PARCI.,,.. s,more or less Conflict with the Iona of this Act" ro April 7. I. all amend to gg¢¢f.33��JJaaWWdd��particui y ed b ad ct Fakirs to aMtlellpalie terms and condl' approved. ' sn 13. 1. form a of Move s' result h a JJ`//d tons m anweal Mil dud `,. C Pub er NNialtnIINiv WB11NOONEO WELDL'OONTY,COLORADO Subscribed and sworn to before me this_a'y_day of BY:MINIMUM FEUERSTEIN A D. 191s 2WNTY CLERK AND RECORDER AND Otani TO THE BOARD ; Iry RPM,Depda Notaryif 1 -Public ablic J M Ii p'MIMS In 414—':Ptalbrale leratl FART LU N PRESS 416 Dtwtvrr Aver. T-nEt Lupton:CO 806'21 My commission expires June 1992 My Commission expires June 30, 1992 I 890078 7 HEARING CERTIFICATION DOCKET NO. 89-1 RE: SIT-E SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY IN SHE A (AGRICULTURAL) ZONE DISTRICT - WINDSOR LAS TROCESSING (OILCOM CORPORATION) A public hearing spas conducted on January 18, 198-9, at 10:00 A.M. , with the following present: Commissioner C.W. Kirby, Chairman - Excused Commissioner Jacqueline Johnson, Pro-T-em Commissioner Gene Brantner Commissioner -George Kennedy Commissioner Gordon E. Lacy Also -present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Keith Schuett The following business vas transacted: I hereby -certify that pursuant to a notice dated January 4, 1989, and duly published January 4, F989, in the Platteville Herald, a public hearing was conducted to consider the request of Windsor Gas Processing (Oilcom Corporation) for a Site Specific Development Plan and Special Review Permit for an -oil and gas support and service facility in the A (Agri-cultural) Zone District. Lee Morrison, Assistant County Attorney, made this matter of record. Keith Schuett, Planning Department representative, Entered the favorable recommendation of the Planning Commission into the record. Ralph Nelms, operations manager, represented the applicant. He explained this request and stated that the Conditions and Development Standards proposed by the Planning Commission are acceptable. No public comment was offered concerning this request. Commissioner Lacy moved to approve the request of Windsor Gas Processing for a Site Specific Development Plan and Special Review Permit, subject to the Conditions and Development Standards recommended by the Planning Commission. Commissioner Brantner seconded the motion which carried unanimously. This Certification was approved on the 23rd day of January, 1-989. APPROVED: //////�� BOARD OF COUNTY COMMISSIONERS ATTEST: `U ' keti WELD COUNTY, COLORADO Weld County flerk and Recorder EXCUSED and Clerk to the -Bo C.W. Xirby, Chairman • L • ..'r- l►1�.� Deputy County erk Ja. . e ee J.h .on, Pro-Tem ene R. iBrantne George nn . L TAPE #89-2 DOCKET #89-1 PL0455 890078 ATTENDANCE RECORD PLEASE write or print legibly your name , address and the name of the applicant or Docket # for the heari-ng you are attenslina . TODAY' S -HEARINGS ARE as FOLLOWS: JANUARY 18, 1989 DOCKET # 89-1 DSR-OIL & GAS SUPPORT & SERVICE FACILITY IN A ZONE DISTRICT - WINDSOR GAS DOCKET #88-83 USR-LIVESTOCK CONFINEMENT OPERATION (600 HEAD DAIRY) IN A ZONE DISTRICT - FRANCIS ARENS DOCKET # NAME ADDRESS HEAPING; ATTEND NG isAtFH /UEL / /661r AA) CI A ` e tJ ri (Ai G.. cat., p a,y t 3 C/7??,,,, fir_ /I-.4 l..Ja� e-e � tai kfil., 64.iq %'3n /.1/J !3. /!' F/trc ≥c 44117,7-/ .2/./C Si `/7 Kr. A `LQ-J-- �lf�✓ ie..�'� 590078 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 applicant 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 it obtained, the Clerk to the Board's Office shall -be advised in writing of such action at least five 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 -t-ext and maps so certified by the Weld County Planning Commission may be examined in 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. 89-1 Windsor Gas ((Alcorn Corporation) 1600 West First Street Loveland, Colorado 80537 DATE: January 18, 1989 TIME: 10:00 A.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 NE} NW} of Section 32, Town-ship 4 North, Range -66 West ti the 6th P.M. , Weld County, Colorado LOCATION: West of Weld County Road 29; south of and adjacent to Weld County Road 40 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND -CITERK TO THE -BOARD BY: Mary Reiff, Deputy DATED: January fir, 1989 PUBLISHED: January 4, 1989, in the Platteville Herald ..y 590079 Affidavit of Publication STATE OF COLORADO NOTICE County of Weld ss. PamrAkf�tlm stakes lame.the State of Colorado and the weld County zoo- ing Ordnance,a public hearing will be I A.Winkler Rlesel of said county of Weld being duly sworn.say held in the Chambers of the Board of that I am publisher of _ i sa of Wee Could County nty PLATTEVILLE HERALD Center. 93 10th street First Floor, • that, the same is a weekly newspaper of general circulation was Greeley, Colorado, at the time printed and published in the town of spMNd.Al persons in aM manner 10- tweeted*the Site Specific Deretoa PLATTEVILLE me MOW special Reinert Pa Pam* d to attend and may be In said county and state that the notice of advertisement,of which the annexed is a true copy has been published in said weekly Should the appgrmn or any interested newspaper for //jj��11 make a record a Me go- t (,)L a consecutive weeks: b addition to the durirytaped that the notice was published in the regular and entire issue of every record hadn5.tide CClerF be kept rd's pence number of said newspaper during the period and time of publication can be contacted for a list of certified of said notice and In the newspaper proper and not In a supplement court nWrters in the area.M a court thereof:that the firstpublication of said notice was contained in the reporter N obtained,the Clerk te the issue of said newspaper the date of Board'. OWke shall be advised in bearing writing of mach action at-least five days -A.D..19Ay and the last publication inflaming fla Medng'Th cbe borne by � ing a ewer reporter shall be borne ereof.in the clofsaid-newspaper.bearing date. the requesting party. the______day-0f BE IT ALSO KNOWN that the text and maps so Certified by the Weld County Planning Commission may be examined 19 that the said County pbed ssi ne rk te the Board of Weld linty Cei teiuii loafed in the Waltl County CamennlM�emer. 915 PLATTEVILLE HERALD 10th Street.Third Floor.Greeley,col- haabeen published continuously and uninterruptedly during the period of-at least-fifty-two consecutive weeks next_prior to the-first DOCKET.No.-gp.f' issue thereof containing said notice or advertisement above referred APPLICANT to: and that said newspaper was at the time of each of the - Windsor Gas publications of-said notice duly-qualified for that purpose within the Mikan Corporation) • meaning of-an act entitled. "An Act Concerning Legal Notices, 1600 West First Street Advertisements and Publications and the Fees of Printers and Loveland,Colorado 80537 Publishers thereof, and to Repeal all Acts - • '` is of Acts DATE:Jaorliry 18,19891 Conflict with f/Provisions of this a•r -•-Agri - 1921. / TIME:10:00 A.M. all ameodm-' - thereof, and par •,ended ,y act REQUEST: EQUEs site Specific Development a.., . 3.and - Special Review Permit—Oil .� 1 the A Pieta a. t and serWce.one DNbktinc in _ _ �• 'r= blisher LEGAL 1PT10N: PM of the Nort )s plbs 3gr Toweahip 4 Subscribed and sworn to IsAfore -me this_tday o f Weld C�,Co fredo11 e1 the 66tthh P.M., /` All 1-9 If 9 29;LOCATouth ION: m d adjacent of Weed Celd ounty ��yy ty Road 40 ....___-7,7(1/.--Lo..t WARD Or COVET COMMISSIONERS Notary Public WELD COUNTY,COLORADO RYMIART ANN FEUERSTEIN FORT L PTON PRESS Mom CLERK AND RECORDER 116 D,.Nv.,r Abe. AND CLERK TO THE BOARD BY:May ROM,Past Fort Lupton,DO80821 es MD Ira 47th NweSMFD RD N rR.IMIwNN�IrW-Imuq 4, My commission expires June 1992 My Commission_expires June 30, 1092 • 890078 DATE: January 4 , 1989 TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Offi-ce Commissioners: If you have to objections, we have tentatively set the following hearing for the 18th day of January, 1989 , at 10 : 00 A.M. Docket No. 89-1 - Site Specific Development Plan and Special Review Permit for an oil and gas support and service facility in the A (Agricultural) Zone District - Windsor Gas Processing (Oilcom Corporation) OFFICE OF THE CL K TO T-HE BOARD SY: C12{L Deputy The above mentioned hearing -late and hearing time may be -scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO • 890078 SUMMARY OF THE WELD COUNTY PLANNING COY1A1SSION MEETING December 20, 1988 A regular meeting of the Weld County Planning Commission was held on December 20, 1988, in the County Commissioners' Hearing Room, First Floor c#10i) , Weld County Centennial Building, 915 Tenth Street, Greeley, Colorado. The meeting was called to order by the Vice-Chairman, Eruie Ross, at 1 :30 p.m. Tape 339 - Side 2 Ann Garrison Present Jerry Burnett Present Ivan Gosnell Absent - telephoned LeAnn Reid Present Lynn Brown Absent - telephoned Rick Iverson Present Jerry Kiefer Present Ernie Ross Present Bud Halldcrson Absent - telephoned Also present: Brian Bingle, Current Planner, Bruce Barker, Assistant County Attorney, and Banns Nelson, Secretary A quorum was present. The summary of the last regular meeting of the Planning Commission held on December 6, 1988, was approved as distributed. CASE NUMBER: USR-866 cAPPLICANT: Windsor Gas Processing (Oilcom Corporation) REQUEST: 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 NE} NWI of Section 32, T4N, R&6W of the 6th F.M. , Weld County, Colorado LOCATION: West of Weld County Road 29; south of and adjacent to Weld County Road 40 APPEARANCE: Ralph Nelms, Operations Manager for Windsor Gas Processing, represented the applicant. This is a request for an oil and gas support and service facility. The Chairman called for discussion. _from the audience. _There was none. 890078 Planning Commission Summary _December 20, 1988 Page 2 The Chairman asked the applicant if the recommendation, conditions, and Development Standards set forth by the Department of Planning Services' staff had been reviewed. Fe stated they have and the applicant's operation will conform with the conditions and Development Standards. The Chairman asked that these items be filed with the summary as a permanent record of the meeting. MOTION: L-eAnn Reid moved Case Number USR-866 for Windsor Gas Processing (Oilcan Corporation) , for 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 be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendation, conditions, and Development Standards presented by the Department ci Planning Services' staff and the testimony heard by the Planning Commission. Motion seconded by Jerry Burnett. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for the decision. Ann Garrison - yes; Jerry Burnett - yes; LeAnn Reid - yes; Rick Iverson - yes; Jerry Keifer - yes; Ernie Ross - yes. Motion carried unanimously. LASE NUMBER: USR-867 APPLICANT: Clark E. and Dorothy Schrock, Trustees of the Gladys S. Lavanaugh Trust REQUEST: Site Specific Development Plan and a Special Review permit for a single family dwelling on a parcel less than the minimum lot size requirement in the A (Agricultural) zone district LEGAL DESCRIPTION: Part of the Si Si 171.7 of Section 1 , T._`q, f67=? of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 2 miles -west southwest of Fort Lupton; east of Weld County Road 21 and north of Weld County Road 8 APPEARANCE: John Kenkade, Attorney, represented the applicant. This request is Tor a single family dwelling to be placed on a parcel of land less than the minimum lot size required in the A (Agricultural) zone district. The Chairman called for discussion from the audience. There was none. S90078 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by LeAnn Reid that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR-866 r'` • EC221988 NAME: Windsor Gas Processing (Oilcom Corporation) Q ADDRESS: 1600 West First Street, Loveland, CO 80 cLL.o. ah" REQUEST: A Site Specific Development Plan and a Special Revie.,ypermit for an oil and gas support and service`wfacility in the A (Agricultural) zone district LEGAL DESCRIPTION: Part of the NE} NW} of Section 32, T4N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: West of Weld County Road 29 ; south of and adjacent to Weld County Road 40 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 proposal is consistent with the Weld County Comprehensive Plan's Urban Growth Boundary Goals and Policies, and is located within the urban growth boundary area of the Towns of Platteville and Gilcrest. The Cilcrest Town Council and the Platteville Planning Commission reviewed this request and have no objections to this proposal. The proposed use by special review is in an area that will not interfere with urban development. - The proposed use is consistent with the intent of the Agricultural zone district and is provided fur as a use by special review. - The proposed use is compatible with the existing surrounding land uses which include farm fields and rural residences. Special Review permit conditions of approval and development standards will mitigate concerns about compatibility with surrounding land uses. No objections have been received from surrounding property owners. 890075 Exitibit B Windsor Gas Processing USA-866 Page 2 - 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 Planning Commission's recommendation for approval is conditional upon the following: 1 . The attached Development Standards for the Special Review permit shall 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, a copy of the following shall be submitted to the Department of Planning Services: - an air emissions permit from the Air Pollution Control Division, Colorado Department of Health, for fugitive dust and odors; - a soil erosion control plan approved by the Platte Valley Soil Conservation Service; - a drainage plan approved by the Weld County Engineering Department; and - a letter requesting the revocation of Special Review permits #856, 857, and 858 submitted by Windsor Gas Processing. 4. Prior to recording the Special Review plat: - the owner/operator shall submit and have approved a Subdivision Exemption application; and 890078 07ry 8 Windsor Gas Processing USR-866 Page 3 the plat shall be amended to show one access onto Weld County Road 40. 3. A Road Maintenance Agreement shall be approved by the Board of County Commissioners prior to semi-truck traffic exceeding two trips per day. Motion seconded by Jerry Burnett. VOTE: For Passage Against Passage Ann Garrison Jerry Burnett S.eAnr. Reid -Rick Iverson Jerry Keifer Ernie Ross 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 7, Danna Nelsen, Recording Secretary o₹ 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 December 20, 1988, and recorded in Book No. XI of the proceedings of the Planning Commission. Dated /the 21st day of December, 1988 7 2 Jd222 Danna Nelson -Secretary 890078 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Windsor Gas Wilson Corporation) US-R-866 1. The Site Specific Development Plan and Special -Review permit is for an oil and gas support and service facility in the Agricultural zone district 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 G.R.S. , as amended. 3. Waste oil, treatments, antifreeze, 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. A. An air emissions permit shall be sustained form the Air Pollution Control Division, Colorado Department of Health, for fugitive dust and odors and the requirements of the permit shall be maintained at all times. 5. No permanent disposal of wastes shall be permitted at this site. 6. A spillage retention berm shall be installed 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 . The septic system(s) for the proposed office and mobile home shall he designed by a Colorado -Registered Professional Engineer in accordance Mith 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 industrial limit of 80dB(A) , as measured according to 25-12-102, Colorado Revised Statutes. 10. A current list of the maximum quantities of hazardous materials expected at the site shall he maintained with the State Health Department, Division of Waste Management and Weld County Office of Emergency Management pursuant to C.R.S. 29-22-107 (2) (A) . 11. The 300 barrel condensate tank and 100 barrel watertank shall be located no closer than 100 feet to all propane storage tanks. 12. A current map of the location of the gas supply shutoff valves shall be maintained with the Platteville Fire Protection District. 8J®®J 8 USR-866 Development Standards Sage 2 13. -Smoking shall not be -permitted at any time -cm the special review area. "NO SMOKING" signs shall be placed and maintained on the subject site. 14. All vessels containing flammable or dangerous materials shall be identified in accordance _with the National Fire Protection Association, #704M identification system. 15. No less than one 40A 24OEC rated fire extinguisher shall be located and maintained on the special review site at all times. 16. All land within twenty live (25) feet of any oil or gas tank containing flammable or combustible materials, or -other appurtenant production equipment shall be kept free of -dry weeds, -grass, or rubbish. 17. The soil erosion control -plan approved by the Platte Valley Soil Conservation Service shall be maintained at all times. 18. The appearance of the facility shall be -maintained in a neat and orderly condition through periodic painting and maintenance. 19. A six foot chain link fence, topped with three strands of barbed wire, shall enclose the special review area. 20. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 21. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 22. The property owner or operator shall be responsible for -complying with the Operation Standards of Section 24.6 of the Weld _County Zoning Ordinance. 23. -Personnel from the Weld County Health Department, Platteville Fire Prevention District, and 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. 890078 - USR-866 Development Standards Page i 2-4. 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 -stat-ed 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 1n the _office of the Department _of _Planning Services. 25. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance -with any of the foregoing levelopment Standards may be reason for revocation of the Permit by the -Board of County _Commissioners. 8_90075 INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Case Number USR-866 Submitted or Prepared Prior to Hearing at Hearing. 1 . Application 31 Pages X 2. One application plat(s) one 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 I hereby certify that the 11 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 December 22, 1988. ra -14Lv t u nt Planner STATE OF COLORADO ) COUNTY OF WELD )SUBSCRIBED AND SWORN TO BEFORE ME THIS 22i+d1 day of bed,g, µ.i2tN 19$y . SEAL kiabi 1. TAR -PUBLIC 91S /otL& , yJ QLLee (iy/ le) SCXoa( My Commission Expires Y.)704 el) 2( /-9.90U ll 89 078 EXHIBIT INVENTORY CONTROL SHEET use- �L�/�, (74 ,A.-1C-0770 ' ,�,q�,�/,g� Case. ii/r J' 7 ""� /,/LDY°Q,Gdi. L Q -0770 "„ /1. _"G1 oxD Exhibit Submitted By �/ Exhibit Description raa A. AGi7q /J'tOQ�� Le/iZZAe77,67/4 lel _ s7id 43/ZB. C /LG ./6mm.ldO,Ga7t' ��'/�./?-G/,l nJ V B./�47,in, I24 i ? 1%® C. gonna ,4mma. (-6 y Q 4-L4')/Ad /ayD. 6/./2, A,„ ia 7 Sale, litrif<2:1_,niezip E• (line %I SeiV4C /..1a/ .1 a/ 17e i F. G. H. I. J. R. L. M. N. 0. 890078 i Date: December 20, 1988 CASE NUMBER: USR-866 NAME: Windsor Gas Processing ((Alcorn Corporation) ADDRESS: 1600 West First Street, Loveland, CO 80537 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 NE} NW} of Section 32, T4N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: West of Weld County Road 29; south of and adjacent to Weld County Road 40 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements -of Section 14.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the l3epartment of Planning _Services' staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the Weld County Comprehensive Plan's Urban Growth Boundary Goals and Policies, and is located within the urban growth boundary area of the Towns of Platteville and Gilcrest. The Gilcrest Town Council and the Platteville Planning Commission reviewed this -request and have no objections to this proposal. The proposed use by special review is in an area that will not interfere -with urban development. - The proposed use is consistent with the intent of the Agricultural zone district and is provided far as a use by special review. - The lroposed use is compatible with the existing surrounding land uses which include farm fields and rural residences. Special Review permit conditions of approval and development standards will mitigate concerns about compatibility with surrounding land uses. No objections have been rereived from surrounding property owners. - 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. p00ry78 89 USR-866 Windsor Gas Processing (Oilcom Corporation) Page 2 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 Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review permit shall 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, a copy of the following shall be submitted to the Department of Planning Services: - an air emissions permit from the Air Pollution Control Division, Colorado Department of 'Health, for fugitive dust and odors; - a soil erosion control plan approved by the -Platte Valley Soil Conservation Service; - a drainage plan approved by the Weld County Engineering Department; and - a letter requesting the revocation of Special -Review permits #856, 857, and 858 submitted by Windsor Gas Processing. 4. Prior to recording the Special Review plat: - the owner/operator shall submit and have approved a Subdivision Exemption application; and - the plat shall be amended to show one access onto Weld County Road 40. 5. A Road Maintenance Agreement shall be approved by the Board of County Commissioners prior to semi-truck traffic exceeding two trips per day. 890''17! SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Windsor Gas (Oilcom Corporation) USR-866 1 . The Site Specific Development Plan and Special Review permit is for an oil and gas support and service facility in the Agricultural zone district 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, treatments, antifreeze, 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 to obtained form the Air Pollution Control Division, Colorado Department of Health, for fugitive dust and odors and the requirements of the permit shall he maintained at all times. 5. No permanent disposal of wastes shall be permitted at _this site. 6. A spillage retention berm shall be installed 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 . The septic system(s) for the proposed office and mobile home shall be designed by a Colorado Registered Professional Engineer in accordance with the Weld County Individual Sewage Disposal Regulations. 8. Fugitive dust shallbe confined on this site. 9. Maximum permissible noise level shall not exceed the industrial limit of 80dB(A) , as measured according to 25-12-102, Colorado Revised Statutes. 10. A current list of the maximum quantities of hazardous materials expected at the site shall be maintained with the -State Health Department, Division of Waste Management and Weld County Office of Emergency Management pursuant to C.R.S. 29-22-107 (2) (A) . 11. The 300 barrel condensate tank and 100 barrel watertank shall be located no closer than 100 feet to all propane storage tanks. 12. A current map of the location of the gas supply shutoff v-elves shall be maintained with the Platteville Fire Protection District. 890n"" USR-866 Development Standards Page 2 13. Smoking shall not be permitted at any time on the special review area. "NO SMOKING" -signs shall be placed and maintained on the subject site. 14. All vessels containing flammable or dangerous materials shall be identified in accordance with the National Fire Protection Association, #704M identification system. 15. No less than one 40A 240BC rated fire extinguisher shall be located and maintained on the special review site at all times. 16. 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 dry weeds, grass, or rubbish. 17. The soil erosion control plan approved by the Platte Valley Soil Conservation Service shall be maintained at all times. 18. The appearance of the facility shall be maintained in a neat and orderly condition through periodic painting and maintenance. 19. A six foot chain link fence, topped with three strands of barbed wire, shall enclose the special review area. 20. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 21. The properly owner -or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 22. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 23. Personnel from the Weld County Health Department, Platteville Fire Prevention District, and Weld _County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities tarried out on the properly comply with the Development Standards stated hereon and all applicable Weld County Regulations. 890075 1 USR-866 Development Standards Page 3 24. 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 Cormi-asioners 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. 25. 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. '^9'®9793 LAND-USE APPLICATION SUMMARY SHEET Date: December 12, 1988 CASE NUMBER: USR-866 NAME: Windsor Gas Processing (Oilcom Corporation) ADDRESS: 1600 West First Street, Loveland, CO 80537 REQUEST: 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 NE} NW} of Section 32, T4N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: West of Weld County Road 29; south of and adjacent to Weld County Road 40. SIZE OF PARCEL: 5 acres, more or less POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria 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 and the Weld County Engineering Department. Referral responses have not been received from the Town of Platteville, and the Platteville Fire Protection District. No objections have been received from surrounding property owners. 590078 DEPART. VT OF PLANNING SERVICES PHONE(303)356-4000 EXT.4400:406.7 915 10th STREET GREELEY,COLORADO 80631 w�1 t• • COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday, December 20, 1988, at 1 :30 p.m. for the purpose of considering a Site Specific Development Plan and a Special Review permit for the property described below. Approval of the request may create a vested property right pursuant to Colorado Law. APPLICANT: Windsor Gas Processing (Oilcom Corporation) LEGAL DESCRIPTION: Part of the NE; NW} of Section 32, T4N, R66W of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF PROPOSED USE: An oil and gas support and service facility. LOCATION: West of Weld -County Road 29; and south of and adjacent to Weld County Road 40. SIZE: 5 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 the public hearing on December 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 - 356-400C, Extension 44OO. Bud Halldorson, Chairman Weld County Planning Commission To be published in the Platteville Herald To be published onej(1) time by December 2, 1988 Received by: ��7i�l �� « Z �' "=� /> Date: //- Yr „ 590078 �� iR � ° J 3 . :iG ,,•;.,:,; 1. • RS, V ^ 'n, , 1��,,• o t 0 ; F \\ c [ °t) ' i ; „r)) •T • j' . 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H �• _ ., WcR 40 �.:Ci. •..is'...a 4ux.h 1,� ,�r�r. T b�3 > ,,:,....„,,,,,,:.„7,.,,,,,1 crifinsr J i 5: rf�' Y 4sksl • P. ;?7,:1:4;,.. r ^. . lp is si _ , r *.is °MF . `! '; '#. lr5 > l�7 't�is� tlr T.Y .., ., er•y:a+l i '^t S, 'yj�s hr,J4i rr 1Y•fr' 1 1"y'x5. •. l 4 1 .'M P { 2 � Mt k n ,4 ; l rn St .t 4'1,;:.;\:L.4'1., S t: pR .� 6 Irorrrry c ; � 1 t1� Y 43 t3 .n` 'N, .1 q Y s - 1 . L.. • t as . r � r:-tifrj ,;�, r • r;? 7 .'1 V re ..n.. 'f f w .4.{ i,T-3� ' 'x rv.w.,rrt.aeK ,'l t t $' .Rfv.yam: 2! Y" �:: ; k van,r' - a yt r' } �. _ { NSA ( • yi C1 pey'r� �\ I. �` /•�\`. 4 tr. y w -"h vt2'.,t L .,{ i F t� t �.i • utl i ` 31u`�t�t :T d 'G�F:: J ,. f V®0 �1 V f ik vv 4 ty; ,C. yY9� t x* ti ra! F ____"- r r e7 a�+r;$'w$ St&. FIELD CHECK FILING NUMBER: USR-866 DATE OF INSPECTION: December 6, 1988 NAME: Windsor Gas 'Processing REQUEST: Site Specific Development _Plan and a Special Review permit for an oil and gas support and service facility. LEGAL DESCRIPTION: Part of the NE-I NW} -of Section 32, T4N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: -West of Weld County Road 29; south of and adjacent to Weld County Road 40. LAND USE: N Farm production E Farm production S Farm production, farm-residen-ce W Farm production, multi—family structures ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: Access to the facility is from Weld County Road 40, a gravel County local with a 60 foot right-of—way. The topography is almost flat. No structures are located on this property. By: 'i. -77/7 /'-�/7i 77/ Keith A. Schuett Current Planner 890078 REFERRAL LIST APPLICANT: Windsor Gas Processing (Oilcom Corporation) CASE NUMBER: USR-866 SENT REFERRALS OUT: November 18, 1988 REFERRALS TO BE RECEIVED BY: December 5, 1988 NO SR NR NO SR NR Weld County Health Dept. X Town of Gilcrest Attn: Ms. Deborah Knapp ,, X Engineering Department P.O. Box 8 Gilcrest, CO 80623 •.,""- X Office of Emergency Mngmt Ed Harring Y X Public Service Company of Colorado Attention: Mr. Gary Hu-ett P.O. Box 1668 Fort Collins, CO 80522 J X Panhandle Eastern Pipe Line Company Attention: Mr. Ken Neff 635 North 7th Avenue Brighton, CO 80601 X Town of Platteville Attention: Mr. Robert Thorson P.O. Drawer 70 Platteville, CO 80651 X Platteville Fire Protection District Attention: Gary Homyak, Chief Platteville, CO 80651 X Platte Valley Soil Conservation Dist. 60 South 27th Avenue Brighton, CO 80501 X Colorado Department of Natural Resources Oil and Gas Commission 1313 Sherman Street Denver, CO 80203 X Mr. Ivan Gosnell Planning Commission Member 11488 Weld County Road 7 Longmont, CO 80501 NO=No Objection SR=Specific Recommendations `:R=No Response 890078 �� ME n Pr" k F1 � To Weld County Planning December 5, 1988 Date ` COLORADO From Health Protection Services aut 4A di/lnf a Case Number: USE-866 Name: Windsor Gas Processing Subject: (Oilcom Corporation) Health Protection Services has reviewed this proposal and recommends for approval, subject to the following conditions: 1. Waste oil, treatments, 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. 2. Required Emissions Permit is obtained from the Air Pollution Control Division, Colorado Department of Health for fugitive dust and odors. 3. No permanent disposal 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 he greater than the volume of the largest tank inside the berm. 5. The septic system(s) for the proposed office and mobile home are recurred to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. 6. An ISDS Evaluation on all existing septic systems will he necessary prior to issuing the required septic permits on the existing systems. 7. Fugitive dust must be confined on this site. 8. Maximum permissible noise level shall not exceed the industrial limit of 80db(A) , as measured according to 25-12-102, Colorado Revised Statues. 173 , DEC 7 1988 Il 890073 &la Cu. 1tua:ai uumffic ui ‘is \ill mEMORAnDUM r � Keith Schuett, Planning November 30, 1988 To Date Drew Scheltinga, County Engineer COLORADO From Windsor Gas Processing, USR-866 Subject: I have no objection to the material submitted. However, I have three recommendations that should be considered prior to approval. The amount of traffic anticipated in the application materials would not have an impact on Weld County Road 40. If the traffic increases in the future, Road 40 may suffer. I recommend the applicant be required to negotiate a road maintenance agreement in the future, if the site generates more than two semi-loads per day. It is always desirable to minimize the number of entrances onto county roads for traffic safety and maintenance purposes. I recommend the two entrances be combined into one. No drainage information has been supplied with the application materials. A detailed survey is not necessary, but a description of how the drainage patterns exist, and how future drainage will be handled, should be submitted. Also, drainage at the entrance should be considered and a culvert, if necessary, should be shown, along with dimensioning of the entrance. DEC 2 1988L tai u'i7. 'Tana„„ ti4 gist". DLS/mw:prwgpl xc: Commissioner Yamaguchi Planning Referral File - Windsor Gas Processing, USR-866 890078 PLATTE VALLEY SOIL CONSERVATION 60 S . 27th Ave . — Brighton , CO 60601 DISTRICT 659-7004 December 7 , 1988 Mr. Keith A. Schuett Weld County Colorado Department of Planning Services � - ��L 915 10th Street j( P �, Greeley , CO 80631 RE: Case Number USR-366 �E� 12 1988 li Windsor Gas Processing Dear M r . Schuett: Wid Co. PIan1iirr+� 411f11rll 5y:0�, This area is Prime Farmland according to the Important • Farmland map for Weld County , Colorado . The soils on this site have a moderate limitation for dwellings due to low soil strength and for local roads and streets due to low soil strength and potential frost action . This application states that the access road will be gravelled and all work areas will be gravelled . We feel that any area that is not gravelled should be seeded to adapted grass due to the high erodibility of the soil when unprotected . One adapted grass is Fairway wheatarass which should be seeded at the rate of 6 pounds of pure live seed per acre . There are other adapted grasses such as Lovinaton Blue grama and Arriba Western wheatgrass . The rate of Loving seeding would be different . The seeding should be done in a weedfree seedbed . It should be seeded about 1/2 inch deep and the seeding should be done between November 1st and April 30th but not on frozen soil . The area that is seeded needs to be protected from wind erosion until the Grass is established . Weeds should be controlled st all times . The Reclamation Plan should state that before the area is returned to cropland the area will be subsoileG to brea up any soil compaction . The soil should als-o have a chemical analysis to determine if it is suitable to grow agricultural crops . If the soil is contaminated it will be removed from the site and new top soil brought in to replace the contaminated soil . Sincerely , Clyde Abbott , President Board of Sup-ervisors sors 890078 WINDSOR GAS PROCESSING OILCOM CORPORATION IISR-866 Sam and Viola Frank 13411 Weld county Road 38-1/2 Platteville, CO 80651 Bruce R. and Peggy H. McLeod May A. Smith and Nancy Smith c/o Sidney and Leonard Strear 6825 East Tennesse #235 Denver, CO 80224 Duane and Cheryl Rennels 318 Canyon Drive, Suite 300 Fort Collins, CO 80521 Mrs. Agens M. Nesom 136 South 5th Street La Salle, CO 80645 The Farmer's Independant Ditch Company c/o Mr. John Biggs, President 17787 Weld County Road 35 Platteville, CO 80651 Mission Oil Company 1600 West First Street Loveland, CO 80537 Amoco Production Company 1670 Broadway Street Denver, CO 80202 890078 WINDSOR GAS PROCESSING 1600 WEST FIRST STREET LOVELAND, CO 80537 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW APPLICATION APPLICATION REQUIREMENTS The application requirements are outlined in section 24 .7 of the Weld County Zoning Ordinance. The following items shall be submitted with an application for a use by special review permit: 1. A completed application form (form attached) . SEE ATTACHED EXHIBIT "A" 2 . A detailed description of the proposed operation and use shall be supplied. Details for the following items, when applicable, are required. - Explain proposed use. TYPE OF USE: NATURAL GAS PROCESSING PLANT - Explain need for use. NEED FOR USE: TO PROCESS NATURAL GAS FROM WELLS OWNED BY OPERATOR IN THE GILCREST, COLORADO, AREA AND COMPRESS NATURAL GAS TO A HIGH ENOUGH PRESSURE TO OUTPUT INTO PUBLIC SERVICE COMPANY OF COLORADO' S SALES LINE, LOCATED TWO MILES NORTHEAST OF GILCREST, COLORADO. - Explain the types of existing uses on surrounding properties. EXISTING USES OF SURROUNDING PROPERTIES ARE OIL AND GAS DEVELOPMENT AND AGRICULTURAL CROP LANDS. - The distance of the proposed use to residential structures in each direction. CLOSEST RESIDENTIAL STRUCTURES: NORTH - 2800+' SOUTH - 1848 ' EAST - No houses between site and Hwy 85 - 1 mile WEST - Temporary residence 924 ' Permanent residence 2376 ' - The maximum number of users, patrons, members, and buyers. THE PLANT WILL BE OWNED AND OPERATED BY WINDSOR GAS PROCESSING. THE PLANT WILL PROCESS NATURAL GAS FROM WELLS OWNED AND OPERATED BY WINDSOR GAS PROCESSING. OTHER PRODUCERS IN THE AREA MAY SELL NATURAL GAS TO THE PLANT WHEN FUTURE WELLS ARE DRILLED. ONLY ONE BUYER OF THE NATURAL GAS EXISTS, PUBLIC SERVICE COMPANY OF COLORADO (I . E. WESTGAS) . 890078 - The number of employees, number of shifts, and hours of operation. THE PLANT WILL HAVE THREE TO FOUR EMPLOYEES WORKING THREE SHIFTS PER DAY. THE PLANT WILL BE OPERATED AND MANNED ON A 24 HOUR/DAY BASIS. - The type of water source for the proposed use. WATER SOURCE WILL BE FROM CENTRAL WELD COUNTY WATER DISTRICT (SEE ATTACHED LETTER) . ONLY WATER FOR ONE MOBILE HOME AND ONE SMALL OFFICE BUILDING WILL BE REQUIRED. - Explain the access route (s) to be utilized for the proposed use. ALL TRAFFIC WILL ACCESS THE LOCATION FROM HIGHWAY 85 VIA STATE HIGHWAY 60 , WHICH IS PAVED. NO TRUCK TRAFFIC ON COUNTY DIRT ROADS WILL BE REQUIRED, EXCEPT FOR z MILE OF WELD COUNTY ROAD 40 . - Explain type, size, weight and frequency of vehicular traffic associated with the proposed use. CAR AND PICKUP TRAFFIC WILL ACCESS THE LOCATION 3-4 TIMES EACH DAY AS THE THREE EMPLOYEES COME AND GO TO WORK. ONE SEMI TRUCK WILL ACCESS THE PLANT EACH DAY TO TRANSPORT NATURAL GAS LIQUIDS FROM THE PLANT DURING THE SUMMER, AND POSSIBLY TWO SEMI-TRUCKS PER DAY IN THE WINTER. - The type of sewage facilities for the proposed site. A 1250 GALLON SEPTIC TANK WITH A LEACH FIELD WILL BE INSTALLED FOR THE MOBILE HOME AND THE SMALL OFFICE BUILDING. SEPTIC TANK AND LEACH FIELD TO CONFORM WITH COUNTY BUILDING CODES. - A description of the proposed fire protection measures associated with the proposed use. THE PLANT WILL BE CONSTRUCTED WITH SEVERAL TYPES OF TEMPERATURE AND PRESSURE SHUT DOWN SAFETY DEVICES TO SHUT OFF THE NATURAL GAS FLOW TO AND FROM THE PLANT IN CASE OF A FIRE. THE PLANT WILL BE CONSTRUCTED WITH ADEQUATE SPACING BETWEEN STORAGE TANKS AND PROCESSING EQUIPMENT TO MEET STATE SAFETY REQUIREMENTS. INDUSTRIAL FIRE EXTINGUISHERS WILL BE USED AT THE SITE. WINDSOR GAS PROCESSING WILL WORK CLOSELY WITH LOCAL FIRE PROTECTION AGENCIES TO ENSURE COMPLIANCE WILL ALL FIRE SAFETY CODES. - The types and maximum number of animals to be concentrated on the Use by Special Review area at any one time. NO ANIMALS WILL BE KEPT ON THE FACILITY EXCEPT FAMILY PETS, SUCH AS A DOG OR CAT, AT THE MOBILE HOME. - Type of storm water retention facilities associated with the proposed use. NO STORM WATER RETENTION FACILITIES WILL BE INSTALLED AT THE SITE. - The time schedule and method of removal and disposal of debris, junk, and other wastes associated with the proposed use. -2- 890078 TRASH REMOVAL WILL BE CONTRACTED TO A COMMERCIAL TRASH REMOVAL COMPANY, AND WILL BE HAULED OFF ONCE A WEEK. WASTE OIL WILL BE HAULED OFF ONCE EVERY TWO MONTHS OR AS NEEDED. - Explain proposed landscaping plans and erosion control measures associated with the proposed use. ACCESS ROAD WILL BE GRAVELED. ALL WORK AREAS WILL BE GRAVELED. WEED CONTROL VIA MOWING OR SPRAYING WILL BE CONDUCTED TO MAINTAIN A CLEAN AND NEAT APPEARANCE AT THE PLANT. SOME TREES OR BUSHES WILL BE PLANTED AT THE MOBILE HOME SITE. - Reclamation procedures to be employed upon cessation of the Use by Special Review activity. UPON ABANDONMENT OF THE PLANT, ALL BUILDINGS, FOUNDATIONS, EQUIPMENT, FENCES, ETC. WILL BE REMOVED. ALL GRAVEL WILL BE REMOVED OR PLOWED UNDER. SITE WILL BE RETURNED TO CROP LAND, IN AS CLOSE TO THE ORIGINAL CONDITION AS POSSIBLE. ALL SEWAGE LINES AND POWER LINES WILL BE REMOVED. SITE WILL BE CONTOURED TO ORIGINAL CONDITION. - A time table showing the periods of time required for construction and start-up of the proposed use. IT WILL TAKE ONE WEEK TO FENCE THE LOCATION AND GRAVEL THE ROADS. ONE MONTH TO LAY THE FOUNDATIONS, MOVE IN THE EQUIPMENT, INSTALL THE BUILDINGS, AND INSTALL THE SEPTIC SYSTEM, ELECTRICITY, PHONES, ETC. TOTAL TIME OF ONE MONTH TO COMPLETE THE PROJECT. 3 . The following written materials and supporting documents shall be submitted as a part of the application: - A statement explaining how the proposal is consistent with the Weld County Comprehensive Plan. THE AREA IS CURRENTLY DEVELOPED FOR BOTH AGRICULTURAL AND OIL & GAS USE. THERE ARE CURRENTLY ABOUT 25 PRODUCING GAS WELLS WITHIN A 21/2 MILE RADIUS OF THE PROPOSED PLANT SITE. A GAS PLANT OWNED AND OPERATED BY ASSOCIATED NATURAL GAS EXISTS ABOUT 4 MILES SOUTHEAST OF THE PROPOSED SITE. THEREFORE, INSTALLATION OF THIS GAS PLANT WILL NOT CHANGE THE CHARACTER OF THE DEVELOPMENT IN THE AREA. - A statement explaining how the proposal is consistent with the intent of the district in which the use is located. BECAUSE THE AREA IS DEVELOPED FOR BOTH AGRICULTURAL AND OIL & GAS PRODUCTION, INSTALLATION OF THE PLANT IS CONSISTENT WITH THE INTENT OF THE DISTRICT IN WHICH THE USE IS LOCATED. - If applicable, a statement explaining what efforts have been made, in the location decision for the proposed use, to conserve productive agricultural land in the agricultural zone district. ALTHOUGH 5 ACRES WILL BE PURCHASED FOR THE SITE, ONLY 3-3% ACRES WILL BE UTILIZED. THE IMPACT OF GRAVELING FOR ROADS OR COMPACTION OF SOILS WILL BE KEPT TO A MINIMUM SO AS NOT TO IMPAIR THE POTENTIAL OF THE LAND FOR FUTURE AGRICULTURAL USE AFTER RECLAMATION. -3- 890078 A statement explaining there is adequate provision for the protection of the health, safety and welfare of the inhabitants of the neighborhood and the county. THE PLANT WILL BE LOCATED 11 MILES SOUTHWEST OF THE TOWN OF GILCREST, COLORADO. THEREFORE, SPECIAL EFFORTS WILL BE UNDERTAKEN TO INSURE THAT THE PLANT IS CONSTRUCTED AND OPERATED TO MEET OR EXCEED ALL CITY, COUNTY, STATE AND FEDERAL SAFETY STANDARDS. AUTOMATIC SAFETY SHUT OFF EQUIPMENT WILL BE INSTALLED TO SHUT DOWN NATURAL GAS IN-FLOW OR OUT-FLOW FROM THE PLANT AT SPECIFIED OPERATING SAFETY LIMITS. ALL FIRE PROTECTION CODES WILL BE STRICTLY ADHERED TO AT THE PLANT. NO VENTING OR FLARING OF NATURAL GAS WILL TAKE PLACE AT THE PLANT. THE PLANT WILL BE OPERATED IN SUCH A MANNER AS TO MINIMIZE IMPACT ON THE AREA. ACTIONS TO BE TAKEN BY WINDSOR GAS PROCESSING INCLUDE: NO SEMI TRUCK TRAFFIC AT NIGHT TRAFFIC TO BE LIMITED TO PAVED ROADS. INSTALLATION OF NOISE SUPPRESSION MUFFLERS ON ALL ENGINES 24 HOUR/DAY PLANT SUPERVISION WE HAVE OPERATED A GAS PLANT FOR 4 YEARS, WHICH IS LOCATED 2 MILES NORTHEAST OF THE TOWN OF WINDSOR, COLORADO, AND 2 MILES SOUTH OF SEVERENCE, COLORADO, WITH NO COMPLAINTS OR PROBLEMS. - A statement explaining the uses permitted will be compatible with the existing surrounding land uses (include a description of existing land uses of all properties adjacent to the property) . ALL SURROUNDING PROPERTIES ARE CROP LAND USAGE FOR AGRICULTURE, WITH MULTIPLE OIL & GAS WELLS IN THE IMMEDIATE AREA. PANHANDLE EASTERN ALSO HAS A 4" GAS GATHERING LINE h MILE WEST OF THE PLANT SITE. - A statement explaining the proposed use will be compatible with the future development of the surrounding area as permitted by the existing zone and with future development as projected by the comprehensive plan of the county or the adopted master plans of affected municipalities. THE GILCREST AREA WILL CONTINUE TO BE DEVELOPED BY THE OIL & GAS INDUSTRY BECAUSE OF ITS PROLIFIC OIL & GAS WELLS. THEREFORE, THE NATURE OF THE AREA WILL CONTINUE TO BE AGRICULTURAL WITH OIL & GAS DEVELOPMENT. THE PLANT LOCATION WOULD BE FAR ENOUGH AWAY FROM T-HE TOWN OF GILCREST TO POSE ANY MAJOR IMPACT ON ITS RESIDENTS. - A statement explaining the use by special review area is not located in a flood plain, geologic hazard and Weld County Airport overlay district area; or that the application complies with section fifty (50) , overlay district regulations as outlined in the Weld County Zoning Ordinance. THE PROPOSED PLANT SITE IS NOT LOCATED IN A FLOOD PLAIN, GEOLOGIC HAZARD AREA, OR IN THE WELD COUNTY AIRPORT OVERLAY DISTRICT AREA. -4- 890078 - Proof that a water supply will be available which is adequate in terms of quantity, and dependability (e. g. , a well permit or letter from a water district) . ATTACHED IS PROOF THAT THE WATER SUPPLY WILL BE ADEQUATE IN TERMS OF QUANTITY, QUALITY AND DEPENDABILITY. SEE EXHIBIT B - A copy of the deed or legal instrument identifying the applicant (s) interest in the property under consideration. If an authorized agent signs the application for the fee owner (s) , a letter granting power of attorney to the agent from the property owner (s) shall be provided. ATTACHED IS A COPY OF THE DEED IN FAVOR OF SAM AND VIOLA FRANK, H/W, FOR THE 5 ACRE PROPERTY, AS WELL AS A CONTRACTUAL AGREEMENT FROM WINDSOR GAS PROCESSING TO PURCHASE THIS PROPERTY FROM MR. AND MRS. FRANK UPON APPROVAL OF THE USE BY SPECIAL REVIEW PERMIT. - A noise report, unless waived by the Department of Planning Services, documenting the methods to be utilized to meet the -applicable noise standards. SEE ATTACHED NOISE REPORT - A soil report of the site prepared by the Soil Conservation Service or by a soils engineer or scientist. In those instances when the soil report indicates the existence of moderate or severe soil limitations for the uses proposed, the applicant shall detail the methods to be employed to mitigate the limitations. ATTACHED IS A SOIL REPORT FROM THE SOIL CONSERVATION SERVICE FOR THE SITE. SEE EXHIBIT C. - A certified list of the names, addresses and the corresponding parcel identification number by the Weld County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property subject to the application. The source of such list shall be 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 of the Weld County Clerk and Recorder. If the list is assembled from the records of the Weld County Assessor, the applicant shall certify that such list was assembled within thirty (30) days of the application submission date. (Form attached. ) The County Assessor ' s Office will not complete . this list for you. It is the responsibility of the applicant to gather this information. SEE EXHIBIT D - A certified list of the names and addresses of mineral owners and lessees of minerals on or under the parcel of land being considered. The Source of such list shall be assembled from the records of the Weld County Clerk and Recorder, or from an ownership update from a title or abstract company or an attorney, derived from such records. (A certification form is attached. ) SEE EXHIBIT E. -5- 890079 EXHIBIT A 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 Fee Receipt Number TO BE COMPLETED BY APPLICANT: (pletse 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: Part of LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: NE/4 NW/ 4Sectlon 32 T 4 N, R 66 w LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: part of Section 39 T 4 N, R 66 W NE/4 NW/4 Property Address (if available) .13411 WCR 40 PRESENT ZONE Agricultural OVERLAY ZONES N/A TOTAL ACREAGE _ 5 PROPOSED LAND USE Gas Processing Plant EXISTING LAND USE Agricultural SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW PERMIT: Name: Mr. Sam Frank and Mrs . Viola Frank Address: 13411 WCR 38 1/2 City Platte ville Zip S0651 Home Telephone // 737-2192 Business Telephone # 737-2192 ( to purchase property upon approval for Special Use ) Name: Windsor Gas Processing Address: 1600 West 1st Strp_et_ City TnVjt� d Zip 30537 Home Telephone /1 6h9-482S Business Telephone Il 669 /l38.5 APPLICANT OR AUTHORIZED AGENT (if different than above) : Name: Wjndgor Gas Processing Address: 1500 West lgt Strcct City ToweLnad Zip 30537 Dome Telephone f 669-4RRS Business Telephone 1/ List the owner(s) and/or lessees of mineral rights on or under the subject properties of record. Name: Oilcom Corporatinn (aka Windsor C;as Proces�i Address: 1600 West 1st Street City Low,innd S ) Zip 3a5-3.7 Name: N/A Address: City Zip 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 Authorized Agent Subscribed and sworn to before me this /5 day of�7�No ew her 19S?. deen,ju1 �/ NOTARY PUBLIC (� My commission expires /' (PPa 890078 EXHIBIT B CENTRAL WELD COUNTY WATER DISTRICT September 1 , 1988 ' RE"-" C' c: 0 Sam and Viola Frank % Mission Oil Corporation 1600 West First Street Loveland , CO 80537 RE : Water Service Dear Mr . & Mrs . Frank : This letter is in response to your request for the availability of additional water service for the following described property : NW 1 /4 of Section 32 , Township 4 North , Range 66 West of the 6th P .M . , Weld County , Colorado . EXCEPT parcel recorded May 18 , 1894 , Book 114 , page 163 . Water service is presently available to the above described property by tap number 994 . Additional water service can be made available to this property provided all requirements of the District are satisfied . Central Weld County Water District requires that contracts be consumated within one ( 11 year from the date of this letter , or this letter shall become null and void unless extended in writing by the District . Very truly yours , -CENTRAL WELD COUNTY WATER DISTRICT 0,242, � o n W . Zadnl7 General Mar ger JWZ/ca 2235 2nd Avenue • Greeley, Colorado 80631 • (303) 352-1284 • John Zadel, General Manager 890078 HIBIT C soil survey of Weld County, Colorado Southern Part 0 United States Department of Agriculture Soil Conservation Service in cooperation with Colorado Agricultural Experiment Station 890078 7 s 3e �8 _. , 30 4 II ) �p a a t• W. tl'r . ' . k to ii 30 29• . ,� _ 28 . .,.0 J' 1430 `4lr Y- F 30 . • 7, Gilcresf m PLf►r T. •\ _ y� I. i_,is Y I V- J + 1 . . 12 30 �}�7�]ty�j 1 r41 / III] W 30 ,, a f.. r3i A,.r.`,- iht2 / 30 32 Li r .� 33 ` 7s • 29 75 a:: 35 72 11 _ .. a Ii `'su N T. 4 _ J at _, . �: i'Xt0 .lV 13 ,[x2�:' 72 r.V!j 29 173 k�S 50 1 1 ,y Z I i, 1 u -- 1k. e. s r 1 1 .y.yar . 5 -75 I .: • lt,T.+rA .. ➢ < 75 r1 I �I , 71.: 35 Y4. t v3 is 60 . 72 ,9, li 1. a: ,"r Q� 75 -,.g1.! '94 ,v Y r` 72 < 72 y1 }I 71 kt4c as �iJ 3i ...,1 4t :.. Ev+�Hs 'vl r. 6 tt i .:l 11 an: Houston rj 44 c. 4 0 • •�' �.�,.. _. 0 4 0� + +` 1 `4. , M1AiTE ,d ""bl .: �1 72 4 Tim a- . I �' �_�;a 35 f+ �i 21 29,a I ',•\ r 3 > , 4 . l76 76 72 4 H - 44 �� 44 'ro. to£'14 73 30 45 1(o ns sheet 22) w' -- �1y� g +1- aMry__ - _J__ Pd rw' i<. I 1 .+. •4� , My'' J wi(00 at 0 1 2 Miles r I I _, I 0 Scale 1:24000 5000 Feet 10 000 Feel WELD COUNTY. COLORADO, SOUTHERN PART NO. 14 860078 * Fy WELD COUNTY, COLORADO, SOUTHERN PART 21 Y j Most methods of irrigation are suitable, but furrow ir- grown crops should be grown at least 50-percent of the ligation is the most common. Proper irrigation water time. Contourslitches and corrugations can be used in ir- management is essential. Barnyard manure and commer- rigating close grown crops and pasture. Furrows, contour cial fertilizer are needed for top yields. furrows, and cross slope furrows are suitable for row In nonirrigated areas this soil is suited to winter wheat, crops. Keeping tillage to a minimum and utilizing crop barley, and sorghum. Most of the—acreage is planted to residue help to control erosion. Maintaining fertility is im- jwinter wheat. The predicted average yield is 25 bushels portant. Crops-respond to applications of phosphorus and per acre. The soil is summer fallowed in alternate years nitrogen. i to allow moisture accumulation. Generally precipitation is In nonirrigated areas this soil is suited to winter wheat, I too low for beneficial use of fertilizer. barley, and sorghum. Most of the acreage is planted to 31 Stubble mulch farming, striperopping, and minimum til- winter wheat. The predicted average yield is 20 bushels lage are needed to control soil blowing and water erosion. per acre. The soil is summer fallowed in alternate years The potential native vegetation is dominated by to allow moisture accumulation. Generally precipitation is western wheatgrass and blue grama. Buffalograss is also too low for beneficial use of fertilizer. present. Potential production-ranges from 1,000 pounds in Stubble mulch farming, striperopping, and mimimum favorable years to 600 pounds in unfavorable years. As tillage are needed to control soil blowing and water ero- range condition deteriorates, -a blue grama buffalograss sion. Terracing also may be needed to control water ero- sod forms. Undesirable weeds and annuals invade the site sion. as range condition-becomes poorer. The potential native vegetation is dominated by Management of vegetation on this soil should be based western wheatgrass and blue grama. Buffalograss is also on taking half and leaving half of the total annual produc- present. Potential production ranges from 1,000 pounds tion. Range pitting can help in reducing runoff. Seeding is Ter acre in favorable years to 600 pounds in unfavorable desirable if the range is in poor condition. Western years. As range condition deteriorates, a blue grama-buf- wheatgrass, bluegrama, sideoats grama, buffalograss,-pu- falograss sod_forms. Undesirable weeds and annuals in- bescent wheatgrass, and crested wheatgrass are-suitable vade-the site as range condition becomes poorer. for seeding.The grass selected should meet the seasonal Management of vegetation on this soil should be based requirements_of livestock. It can be seeded into a clean, on taking half and leaving-half of the total annual produc- firm sorghum stubble, or it can be drilled into a_firm tion. Range pitting can-help in reducing-runoff. Seeding is ` prepared seedbed. Seeding early in spring has proven desirable if the range is in poor condition. Western r ,net ""'""-'f"1 wheatgrass,±lue grama, sideoats grama, buffalograss, pu- Windbreaks and-environmental plantings are generally bescent wheatgrass, and crested wheatgrass are smlaule not suited to-this soil. Onsite investigation is needed to for seeding. The grass-selected should meet the seasonal determine if plantings are feasible. Successful windbreaks requirements of livestock. It can be-seeded into a clean, require supplemental water. firm sorghum stubble, -or it can be drilled into a firm Openland wildlife, such as pheasant, mourning dove, prepared seedbed. Seeding early in spring has proven and cottontail, are best suited to this soil. Supplemental most successful. water is needed in wildlife habitat development, including Windbreaks and environmental_plantings generally are the tree and shrub plantings that serve as nesting areas. not suited to this soil. Onsite investigation is needed to This soil has poor potential for urban and recreational determine if plantings are feasible. Successful windbreaks development. Slow permeability and high shrink -swell require supplemental water. `^ create problems in dwelling and road_construction. Capa- Openland wildlife, such as pheasant, mourning dove, t, bility subclass ZIs irrigated, IVe nonirrigated; Clayey and cottontail, are best suited to this soil. Supplemental I Plains range site. water is needed for wildlife habitat development, includ- 28 1-Ieldt silty clay, 3 to 5 percent slopes. This is a ing tree and shrub plantings that serve as nesting areas. deep, moderately well drained soil on plains at elevations This soil has poor potential for urban and recreational of 4,950 to 5,050 feet. It formed in alluvial sediment development. Slow permeabiity and high -shrink swell derived from shale. Included in mapping are small areas create problems in_dwelling and road construction. Capa- of soils that have a clay loam or silt loam subsoil and sub- bility subclass Ilk irrigated, IVe nonirrigated; Clayey stratum. Plains range site. Typically the surface layer is light brownish gray and 29—Julesburg sandy loam, 0 to 1 percent slopes. This Elight yellowish brown silty clay about 7 inches thick. The is a deep, well drained soil on terraces at elevations of a subsoil is light brownish gray silty clay about 21 inches 4,700-to 4,800 feet. It formed in alluvium deposited by the I, thick. Thesubstratum to a depth of 60 inches is silty clay. South Platte River. Included in mapping are some leveled Permeability is slow. Available water capacity is high. areas and small areas of soils that have a loamy sub- The effective rooting depth is 60 inches or more. Surface stratum. runoff is medium, and the erosion hazard is moderate. Typically the surface layer of this Julesburg soil is 1, In irrigated areas this soil is suited to crops commonly brown sandy loam about 12 inches thick. The subsoil is grown in the area. Perennial grasses and alfalfa or close brown and pale brown sandy loam about 18 inches thick. i 22 SOIL SURVEY The substratum to a depth of 60 inches is loamy sand and This soil is used almost entirely for irrigated crops. It sand. is suited to all crops commonly grown in the area, includ- Permeability is rapid. Available water capacity is ing corn, sugar beets, beans, alfalfa, small grain, potatoes, moderate. The effective rooting depth is 60 inches or and onions. An example of a suitable cropping system is 3 more. Surface runoff is slow, and the erosion hazard is to 4 years of alfalfa followed by corn, corn for silage, low. sugar beets, small grain, or beans. Land leveling, ditch This soil is used almost entirely for irrigated crops. It lining, and installing pipelines may be needed for proper is suited to all crops commmonly grown in the area, in- water application. eluding corn, sugar beets, beans, alfalfa, small grain, All methods of irrigation are suitable, but furrow ir- potatoes, and onions. An example of a suitable cropping rigation is the most common. Barnyard manure and corn- system is 3 to 4 years of alfalfa followed by corn, corn for mercial fertilizer are needed for top yields. silage, sugar beets, small grain, or beans. Generally, such Windbreaks and environmental plantings are generally characteristics as the rapidly permeable substratum suited to this soil. Soil blowing, the principal hazard in slightly restrict some crops. establishing trees and shrubs, can be controlled by cul- All methods of irrigation are suitable, but furrow ir- tivating only in the tree row and by leaving a strip of rigation is the most common. Proper irrigation water vegetation between the rows. Supplemental irrigation management is essential. Barnyard manure and commer- may be needed at the time of planting and during dry cial fertilizer are needed for top yields. periods. Trees that are best suited and have good survival Windbreaks and environmental plantings are generally are Rocky Mountain juniper, eastern redcedar, ponderosa suited to this soil. Soil blowing, the principal hazard in pine, Siberian elm, Russian-olive, and hackberry. The establishing trees and shrubs, can be controlled by cul- shrubs best suited are skunkbush sumac, lilac, and Siberi- tivating only in the tree row and by leaving a strip of an peashrub. Wildlife is an important secondary use of this soil. The vegetation between the rows. Supplemental irrigation cropland areas provide favorable habitat for ring-necked may by needed at the time of planting and during dry periods. Trees that are best suited and have good survival pheasant and mourning dove. Many nongame species can areitocky Mountain juniper, eastern redcedar, ponderosa be attracted by establishing areas for nesting and escape cover. For pheasants, undisturbed nesting cover is essen- pine, Siberian elm, Russian-olive, and hackberry. The tial and should be included in plans for habitat develop- shrubs j,,.,.... best suited are skunkbush sumac, lilac, and Siberi- ment, especially in areas of intensive agriculture. .... i...ua:.Iv.). __ .., l-'- ---1.._. __d -....r. • wiifias goodr.,L,,.h..- ea♦,•o 1^.• Wildlife is an important secondary use of this soil. The development. Lawns, shrubs, and trees grow well. The cropland areas provide favorable habitat for ring-necked only limiting feature of this soil is the rapid permeability pheasant and mourning dove. Many nongame species can in the substratum, which causes a hazard ofground water be attracted by establishing areas for nesting and escape contamination from sewage lagoons. Capability subclass cover. For pheasants, undisturbed nesting cover is essen- lie irrigated. tial and should be included in plans for habitat develop- 31—Kim loam, 0 to 1 percent slopes. This is a sleep, ment, especially in areas of intensive agriculture. well drained soil on smooth plains and alluvial fans at This soil has good potential for urban and recreational elevations of 4,900 to 5,250 feet. It formed in mixed eolian development. Lawns, shrubs, and trees grow well. The deposits and parent sediment from a wide variety of only limiting feature of this soil is the rapid permeability bedrock. Included in mapping are small areas of soils that in the substratum, which causes a hazard of ground water have loamy sand underlying material. contamination from sewage lagoons. Capability subclass Typically the surface layer is brown and pale brown Its irrigated. about 12 inches thick. The upper 30 inches of the underly- 30—Julesburg sandy loam, 1 to 3 percent slopes. This ing material is pale brown loam. The lower part to a is a deep, well drained soil on terraces at elevations of depth of 60 inches is pale brown fine sandy loam. 4,700 to 4,800 feet. It formed in alluvium deposited by the Permeability is moderate. Available water capacity is South Platte River. Included in mapping are some leveled high. The effective rooting depth is 60 inches or more. areas and small areas of soils that have a loamy sub- Surface runoff is slow, and the erosion-hazard is low. stratum. This soil is used almost entirely for irrigated crops. It Typically the surface layer of this Julesburg soil is is suited to all crops commonly grown in the area, includ- brown sandy loam about 12 inches thick. The subsoil is ing corn, sugar beets, beans, alfalfa, small grain, potatoes, brown and pale brown sandy loam about 15 inches thick. and onions. An example of a suitable cropping system is 3 The substratum to a depth of 60 inches is loamy sand and to 4 years of alfalfa followed by corn, corn for silage, sand. sugar beets, small grain, or beans. Very few conservation Permeability is rapid. Available water capacity is practices are needed to maintain top yields. moderate. The effective rooting depth is 60 inches or All methods of irrigation are suitable, but furrow ir- more. Surface runoff is slow, and the erosion hazard is rigation is the most common. Barnyard manure and com- low. mercial fertilizer are needed for top yields. €33 C07S • POTENTIAL PRIME FARMLANDS • WELD COUNTY, COLORADO, SOUTHERN PART SOILS WITHIN THE FOLLOWING MAP UNITS ARE IDENTIFIED AS PRIME FARMLAND IF IRRIGATED WITH AN ADEQUATE SUPPLY OF WATER. FOOT- SYM- NOTE BOL MAP UNIT NAME * 1 ALTVAN LOAM, 0 TO 1 PCT SLOPES ' * 2 ALTVAN LOAM, 1 TO 3 PCT SLOPES * 5 ASCALON SANDY LOAM, 1 TO 3 PCT SLOPES 2* 6 ASCALON SANITY LOAM, 3 TO 5 PCT SLOPES * 8 ASCALON LOAM, 0 TO 1 PCT SLOPES * 9 ASCALON LOAM, 1 TO 3 PCT SLOPES * 11 BRESSER SANDY LOAM, 0 TO 1 PCT SLOPES * 12 BRESSER SANDY LOAM, 1 TO 3 PCT SLOPES 14 COLBY LOAM, 0 TO 1 PCT SLOPES 15 COLBY LOAM, 1 TO 3 PCT SLOPES * 19 COLOMBO CLAY LOAM, 0 TO 1 PCT SLOPES .* 20 COLOMBO CLAY LOAM, 1 TO 3 PCT SLOPES * 21 DACONO CLAY LOAM, 0 TO 1 PCT SLOPES * 22 DACONO CLAY LOAM, 1 TO 3 PCT SLOPES 23 FORT COLLINS LOAM, 0 TO 1 PCT SLOPES 24 FORT COLLINS LOAM, 1 TO 3 PCT SLOPES 5 25 HAVERSON LOAM, 0 TO 1 PCT SLOPES 26 HAVERSON LOAM, 1 TO 3 PCT SLOPES 27 HELDT SILTY CLAY, 1 TO 3 PCT SLOPES * 29 JULESBURG SANDY LOAM, 0 TO 1 PCT SLOPES * 30 JULE5BUR0 SANDY LOAM, 1 TO 3 PCT SLOPES 31 KIM LOAM, 0 TO 1 PCT SLOPES 32 KIM LOAM, 1 TO 3 PCT SLOPES * 39 NUNN LOAM, 0 TO 1 PCT SLOPES * 40 NUNN LOAM, 1 TO 3 PCT SLOPES * 41 NUNN CLAY LOAM, 0 TO 1 PCT SLOPES * 42 NUNN CLAY LOAM, 1 TO 3 PCT SLOPES 46 OLNEY FINE SANDY LOAM, 0 TO 1 PCT SLOPES 47 OLNEY FINE SANDY LOAM, 1 TO 3 PCT SLOPES 2 48 OLNEY FINE SANDY LOAM, 3 TO 5 PCT SLOPES 50 OTERO SANDY LOAM, 0 TO 1 PCT _SLOPES 51 OTERO SANDY LOAM, 1 TO 3 PCT SLOPES 2 52 OTERO SANDY LOAM, 3 TO 5 PCT SLOPES * 54 PAOLI LOAM,' 0 TO 1 PCT SLOPES * 55 PAOLI LOAM, 1 TO 3 PCT SLOPES 66 ULM CLAY LOAM, 0 TO 3 PCT SLOPES 2 67 ULM CLAY LOAM, 3 TO 5 PCT SLOPES 75 VONA SANDY LOAM, 0 TO 1 PCT SLOPES 76 VONA SANDY LOAM, 1 TO 3 PCT SLOPES * 78 WELD LOAM, 0 TO 1 PCT SLOPES * 79 WELD LOAM, 1 TO 3 PCT SLOPES * 80 WELD LOAM, 3 TO 5 PCT SLOPES 81 WILEY-COLBY COMPLEX, 0 TO 1 PCT SLOPES P2 WILEY—COLBY COMPLEX, 1 TO 3 PCT SLOPES 2 83 WILEY—COLBY COMPLEX, 3 TO 5 PCT SLOPES (more) 61 890078 EXHIBIT D; ,.. FIDAVIT OF INTEREST OWNERS SURFACE -ESTATE Application No. Subject Property NE/4 NW/4 Section 32 , T4N, R66W Weld County, Colorado STATE OF COLORADO ) ss. COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true an-d accurate list of the names , addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within . five hundred (50-0) -feet of the property subject to the application. -This list was compiled from Vie 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 of the Weld County ClMrk and Recorder. The list compiled tram the records of the Wel_o uuunty Assessor snail nave been assembled within thirty (30) days of the application submission date. 6414 The foregoing instrument was subscribed andd sworn to befor-e me this I5 day NOVtvwbcr , 19��' hy 'Ralph L . Nelms 1opacttl-ion s I Yllana�lerf'frncess_inc� inP n Colorado (or nor • kon• WITNESS my hand and official seal .es/ My Commissirn expires : /I1.0I qa /t_!/.G'Vtetsac - akichtald Notary Public 890078 NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type �NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION # Sam and Viola Frank 13411 WCR 33 1/2 #1057-32-0-00-030 Platteville , Colorado ,';_ a06j L N. McLeod Bruce R. & Peggy H. .Y May A. Smith & Nancy A. Smith c/o Sidney and Leonard Stear 6825 East �#1 A Tennesse 057-29-0-00-020 # 235 Denver, Colorado Y. 3022+ Duane and Cheryl Rennels 313 Canyon Drive 11057-32-0-00-036 Suite 300 Fort Collins , Colorado 80521 890078 • Recorded .. UEC 41975 -nor n 54 e et....s — o'clock j' 11. Reception No' 16'76108 S.•-f.E.SHENF ,a. Recorder ll jI this Erb, aadethi. y __ • yy of December — tew 1 i ,of oars l uta one thousand nine hundred and seventy-five • bstwesw Sam Franc and Viola Frank, husband and wife, as joint tenants ,f rte county W Weld ,and state of Colorado,of the fleet pan,sad Sam Frank and Viola Frank, as tenants in common_, • '� ,.f the County of Weld r' and slawdtCpbnde aw seerandfthet pan; .-%t other goods and vale ble considerations andTeeMa afnt part,r«wmwpewentiad,rw.n,n of to:`.r aid pan leg of use tint part In hand paid by the saki part e hereby ad) a ed and acknowledged Nyepart leg of the%teem pan,the receipt whereof is grunt bargained,sold do ld and conveyed,and by these presents ,a grunt.bargain sell,convey and confirm unto the said part leg of the second pan, their heirs and assign, forever,all the folbwint described lot or parcel of laid.situate,lying and being iq the County of Weld and f St_x of Colorado, to-wit: See schedule attached • TOGETHER with all and singular the hereditament* and appurtenances thennnto be . am:eastntng,and the reversion and reversion,remainder and remainders, sad anywise etrate.right title.interest claim and demand whatsoever of w said part leaor the first elt da , a law qal the of,in and to the above bargained premises,with the h part Mhos to a puey, esndJtananta and aistwrtaeanea ' TO HAVE AND TO HOLD the said premises above bargained and described,with appurteaeaea, unto the say„.peant1 les of the second pan,the Mein and assigns forever.And the said pan tea of the first pan,forthemselvet Tdt�Flr executors and administrators,do covenant .gnat,bargain and agcy to and with the said pan les of the second port, their heirs and wigs,that at the tame of the they are we l seined of the premises above conveyed,as of eNte '°d delivery of lane a estate I . of iMrriunce,in law, In fen tin good.sure,perfec absolute and inderesti•estate old,and ha V e good right,full power and lawful authority to greet bargain,sell Gad convey the lime In manner and tom*aforesaid.and that the same are free and der from all former and other grata, bargains, salt, liens, taxes, essesements and Incumbran es of whatever kind or nature wryer:,excepting that certain outstanding Indebtedness to Walter H. Nesom and Agnes av M. Nesom P. secured by deed of trust-dated February 2, 1972, recorded February 3, 1972 In Book 661 under Reception No. 1583244 of the Weld County records which the it'. c�And rantees herein ass the above premises,assume and area to pay , r aid and$reaAy poeaesi of the and and assigns.against all and every Pirtle/ of the sawed par.their help •. panne*or persons lawfully claiming asto claim I wbaM oe say part thereof,the mid part w ;es of the first pert shall and W WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF.The mid eon leg of the not til Pat ye hereunto se tandem"thetandem" f seal 9 the day and year flirt.he*..written. Signed.Sealed MK{Delivered In the Enamor of �•• ( fiS- .. ... . _. (SEAL) -. ..la Prang`-..f•4ablir�r (SAL) n' ._.. .. 1 . (SEAL) E �• STARRSILivtAyQ t` .. 1 r n.fayaina sesesee we meow 11 •••.<A•`•.. et......_..-.._..December__. tail..,by Sim.F '•tat T� day '_' \10 II .;j' .? t. husba and wife .rank-ariCYl4b..F.C4.Nts �g vilukada •kniScra4 Child sat ........ 1 '" 'r 9e*• _,, I. r • Meiling Address foe for future lag tdetlaa_.._ I t• 'r whiteners'e(eO—,+a s...imam..y.,molt*Me. ague I • • _ .__.%e•, � • 890078 • 7:34 • 1676108 • NWj cf'Section 32, Town yhip 4 North, Range 66 West of the 6th P.M., Weld County, Colorado, axcepteg therefrom that certain parcel heretofore conveyed by Quit Claim Deed, recorded May 18, 1894 in Book 114 at page 163 of the Weld County records, together with all water, water rights, ditches, ditch • rights, reservoirs and reservoir rights appertaining thereto or used In connection therewith, including, but not limited to 18 1/3 shares of the capital stock of The Farmers Independent Ditch Company, and 3 Irrigation wells and pumps now located on the above described property, subject, however, to the following; (1) 1975 taxes due and payable.in 1976, and future assessments of Northern Colorado Water Conservancy District, Central Weld County Water District, and Platteville Fire Protection Distact; (2) Rights of way or other easements as granted or reserved by instruments of record or as now existing on said premises; (3) Oil, gas and mineral leases of record, if any; (4) Reservation in and to an undivided one-half (1) Interest in and to all oil, gas and other minerals and mineral rights in, upon and under the above described premises as contained in warranty deed recorded February 3, 1972 in Book 661 under • Reception No. 1583243 • • • .I • • ' • V. V 890078 • A R28iG 9?3 B 1t ,C nEC 020 05/24/85 '.1:00 53.00 1/001 F 1E53 MARY ANN F EPSTEIN CLERX K RECORDER WELD _0, CO agues Sagan w oae ae .reera is (ta ty „f _,. _and State or Lrtl -rons.dera ,. -of thor good and ':aluahToibbtsidei ,t ions (yid 30:• .__._____.__.___.._. U.•'Jar',in hand aul.'1, herehy seth,i and quit rl/noes '„ .am Frank and Viola Frank, as `.manta fn coavon whose address is !41 I veld G it-try Road 384, cticrest Color-Ho 80623 timely Weld .and St ate of Colorado .the following real Drupe,ty in the County of Weld ,and State of Colorado,to wit: A z rraln s trip lAnd extending through the NW'i of the NW1 of Section 32, .oLnshlp A North, Flange 66 West of the 6th P.M.., more particularly described .Is follows, to-wlc A strip of ground 100 feet wide, it being 50 feet wide on each side of the center line of the irrigating ditch of The Farmers Independent Ditch Company as now located and constructed over and across sold` land, said centerline beginning at the corner common to Sections 29, 30, 31, and 32, Township 4 North, Range 66 West; thence North 70' East 60 feet; thence wL V/ South 88° East 260 feet to section line between Sections 29 and 32; thence bbI • South .,8° 30' East 200 feet; thence South 55° East 200 feet; thence South 85'30' East 270 feet; thence North 48°30' East 290 feet to a point 1114 feet East of the corner of Sections 29, 30. 31 and 32, said tract of land containing 2 2/10 acres, reserving unto the grantor herein an undivided one-half interest in And to all oil, gas, minerals and mineral rights in, on and under the above premises, subject to the terms and provisions of that certain oil described su, and gas lease dated February 20, 1970 recorded in Book 622 under Reception No. 1544058 of the Weld County records • 4N klfRk.5`ilk *Iik 4xYk'✓;1'kSNkStkx with all its appurtenances Signal l his r{3 day,,f 2/24,.+ .ID 85 /86 a Agnes M. , esom • STATE O t'('O.016-A UI 1. Se V. L county„i Weld l Theforegoinginstrumentwasrnk en lodged before me this day of )21- 19 85 by Agnes M. Negate• q r My commission expires-4.4i / / 2// Rer Witness my hand and official seal � U8L1G:'c : . .N�.Xfa, ,i,11,IXIa IrX 1:Y w.,, .r.lrw++, Ie.• w...�.l, iV,., a— .: 890078 EXHIBIT E AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property NE/4 NW/4 Section 32 , T4N, R66W Weld County, Colorado STATE OF COLORADO ) ss. COUNTY OF WELD 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 lesses 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. (2-41-9P CA91.1nel The foregoing instrument was subscribed and sworn to before me this 15 day of Nn ✓ewt,ber , 19gU. WITNESS my hand and official seal. My Commission expires: 1//10/ (3 ;) /1614.4:1---1 Notary Public 890078 , IE ist of Mineral Owners NW/4 Section 32 , T4N, R66W Weld County, Colorado Name Address , town, city state and zip code Mr. Sam and Mrs . Viola Frank 13411 Weld County Road 38 1/2 Platteville , Colorado 80651 Mrs . Agnes M. Nesom 136 South 5th Street La Salle , Colorado 80645 The Farmers Independant Ditch Company C/O Mr. John Biggs President 17787 Weld County Road 35 Platteville , Colorado 80651 Mission Oil Company 1600 West first street Loveland , Colorado 80537 Amoco Production company 1670 Broadway Street Denver, Colorado 80202 830078 JAMES S. HOLMBERG ATTORNEY AT LAW SUITE 264 1616 SEVENTEENTH STREET DENVER, COLORADO 80202 303.626-5525 April 5 , 1985 SECOND SUPPLEMENTAL DIVISION ORDER TITLE OPINION Mission Oil Corporation 1600 West First Street Loveland, Colorado 80537 Attention : Robert P. Messana Re : Frank #1 Well Weld County, Colorado This will supplement my supplemental division order title opinion dated February 4 , 1985 . DESCRIPTION Township 4 North, Range 66 West, 6th PM Section 32 : NW Limited, however, to those zones which lie between the top of the Niobrara to 100 feet below the base of the Codell ADDITIONAL INSTRUMENT EXAMINED Copy of oil and gas lease dated March 4 , 1985 from Farmers Independent Ditch Company to Mission Oil Corporation covering the ditch property which runs through the subject land, being a strip of ground 100 feet wide and containing 2 . 2 acres , more or less . Your note indicates that this lease was sent to record March 26 , 1935 . PRESENT OWNERSHIP OF THE ROYALTY INTEREST AND LEASEHOLD ESTATE If the new lease from the ditch company is properly pooled into the full NW, of Section 32 , new net revenue interests will be as follows : Landowners ' Royalty i he Farmers Independent Ditch Company . 0027500 Sam Frank and Viola Frank , tenants in common 0616an6 890078 Mission Oil Corporation -2- April 5, 1985 Frank #1 Well Second Supplemental Division Order Title Opinion Agnes M. Nesom . 0616406 .1260312 Overriding Royalty Amoco Production Company . 0986250 Working Interest Mission Oil Corporation . 7753438* *Subject to proper assignment from Amoco pursuant to Letter Agreement dated November 9 , 1984 . NEW OIL AND GAS LEASE Date : March 4 , 1985 Lessor: The Farmers Independent Ditch Company Lessee : Mission Oil Corporation Description : Township 4 North, Range 66 West , 6th PM Section 32 : Part of the NW:, as described in Book 114 at Page 163 Containing 2 . 20 acres , more or less 2erm: One (1) year Royalty : 20% Recording Data : Sent for record March 26 , 1985 Lesser Interest Clause : Yes Pooling Clause : Yes Entireties Clause : No S?ecial Provisions : An addendum to the lease _provides for crossing of the canal without written specification , nor shall any operations he conducted on the leased premises or interfere with the operation of the canal. 890075 Mission Oil Corporation -3- April 5 , 1985 Frank #1 Well ' Second Supplemental Division Order Title Opinion ADDITIONAL TITLE COMMENT AND REQUIREMENT My supplemental division order title opinion of February 4 , 1985 required that you be assured that Amoco has the authority to create a 160-acre unit. I have not been advised in this regard. However, if such a unit is created the new lease from the ditch company should be included by an appropriate declaration of pooling recorded in Weld County. The ownership tabulation is based on the assumption that this will be done. Very truly yours, 6.4,-44 . �C� "a James S. Holmberg JS[[ : 1k 89007© NOISE i2EPORT FOR WELD COUNTY SPECIAL USE PERMIT WELD COUNTY DEPARMENT OF PLANNING SERVICES WINDSOR GAS PROCESSING GILCREST PLANT SITE AT WCR 381 AND COLORADO STATE HWY 60 September 11 , 1988 Ralph L. Nelms Registered professional Engineer State of Colorado 890078 INTRODUCTION - The Noise -Survey was conducted on September 9 , 1998 , -by Mr. Ralph Nelms and Mr. Tom Haerich of Windsor Gas Processing. The study was conducted specifically to address the problem of possible noise disturbance to surrounding farm residences in the Gilcrest area. Windsor Gas Processing is completing a Use by Special Review Permit to move its existing plant from Windsor, Colorado to the Gilcrest area. This Noise Report will be filed as part of the Use by Special Review Permit. The instrument used for the survey was a Model #1933 , Precision Sound Level Meter and Analyzer manufactured by General Radio Corporation. The instrument was rented from Engineering Dynamics Corporation of 3925 South Kalamath Street, Englewood, Colorado. Telephone Number (303) 761-4367 . A series of measurements were taken utilizing the weighted "A" band of the instrument, which is standard for such tests. The weighted "A" band combines both high and low frequency sound bands. The test was conducted at the following locations: 1 . At the Windsor Gas Processing Plant site at Windsor , Colorado. 2 . At WCR 381 and Colorado State Highway 60 . 3 . On Highway 85 on the frontage road across from the Conoco Filling Station/Convenience Store in Gilcrest, Colorado. A . At Fifth and Elm Street in Gilcrest, Colorado. 5 . At the parking lot of the Gilcrest Town Hall in Gilcrest, Colorado. 890078 The Windsor Gas Processing Plant now operates with only one engine and compressor. The proposed plant would have a total of three engines and compressors of equivalent size to the one tested. To calculate the total noise level from the two additional machines, the standard equation for sound energy was used as follows: 20 Log X = DBA At each appropriate radius in feet from the sound source. X = Sound Energy Parameter A worst case scenario was assumed at the gas plant site by leaving the door on the end of the building wide open during the test - to represent summer operating conditions. Sound measurements were taken directly in front of the door at various distances. The current Windsor Gas Processing Plant has been in operation for almost 4 years. The plant is located 2 miles south of Severence, and 111 miles west of Windsor, Colorado. Also, there is a subdivision located about 1/3rd mile SE of the plant. No complaints from noise have been brought to our attention since the plant vas built in 1984 . -2- 890098 NOISE LEVEL REPORT FOR WINDSOR GAS PROCESSING PLANT 34095 WCR 23 Date of Test: September 9 , 1988 Test Conditions: Clear, Little or No Wind Scale: Weighted "A" DISTANCE FROM COMPRESSOR DBA LEVEL - AND ENGINE - -0= Directly on Top of 95 Engine Manifold 10 ' 91 20 ' 87 30 ' 82 40 ' 78 50 ' 75 60 ' 73 70 ' 71 80 ' 70 90 ' b9 100 ' b8 110 ' 67 120 ' 66 130 ' 65 .5 140 ' 65 150 ' 65 160 ' 64 .5 170 ' 64 .5 180 ' 64 190 ' 64 200 ' 63 .5 210 ' 63 220 ' 62 230 ' 62 240 ' 61 .5 250 ' 62 260 ' 61 270 ' 61 280 ' 61 290 ' 61 300 ' 59 .5 310 ' 58 320 ' 58 330 ' 57 340 ' 56 .5 350 ' 56 .5 360 ' 56 -3- 890078 DISTANCE FROM COMPRESSOR DBA LEVEL (Cont' d) AND ENGINE (Cont' d) 430 ' 53 512 ' 51 594 ' 50 677 ' 49 760 ' 48 842 ' 47 924 ' 46 1007 ' 46 1089 ' 45 Note: At a distance of 50 ' from WCR 23 , a car passing by created a reading of 65 DBA on the Precision Sound Level Meter and Analyzer . In order to calculate the projected DBA at each distance from the compressor, the following equation was used: 20 Log X = DBA DISTANCE FROM DBA X=Log-1 (DBA/20) 3X COMPRESSOR (FT) 0 95 56 ,234 168,702 50 75 5 ,623 16 ,869 100 68 2 ,511 7 ,533 200 63 .5 1 ,496 4 ,488 300 59 .5 944 2 ,832 400 54 501 1 ,503 500 51 354 1 ,062 600 50 316 948 700 48 .5 266 798 800 47 .5 237 711 900 46 .5 211 633 1000 46 199 597 1100 45 177 531 DISTANCE VS. DBA FOR THREE COMPRESSORS DISTANCE FROM DBA FOR 3 COMPRESSORS (FT) 3 COMPRESSORS - 0 104 50 84 .5 100 77 .5 200 73 300 69 400 63 500 60 600 59 700 58 800 57 900 56 1000 55 1100 54 -4- 890078 ADDITIONAL MEASUREMENTS TAKEN AT WINDSOR GAS PLANT A. Inside Mobile Home at a distance of 350 ' from the compressor building with the door open. 401 DBA. B. Shutting doors on compressor building reduces sound level by 4-5 DBA. RESULTS OF SOUND SURVEY TAKEN AT WCR 381 and COLORADO STATE HWY 60 Date: September 9 , 1988 Scale: Weighted "A" Conditions: No Wind Computed by: Ralph L. Nelms Location: 40 ' East of Colorado Hwy 60 TIME: RESULTS - 2 : 52 PM No cars. Base of 39 DBA on instrument. 2 : 53 PM Car went by. Measured 70 DBA. 2 : 55 PM John Deere Tractor went by. Measured 65 DBA. 2 : 56 PM No cars. No wind. Base of 39 DBA. Could hear traffic on Hwy 85 . 2 : 58 PM Platte River Truck passed. 80 DBA. 2 cars passed. 75 DBA. 2 : 59 PM No cars. No wind. 39 DBA. 3 : 00 PM Pickup Truck and Camper passed. 65 DBA. Insulage Truck. 80 DBA. 3 : 01 PM One car passed. 70 DBA. 3 : 02 PM No cars. Base 39 DBA. 3 : 03 PM Toyota Pickup passed. 73 DBA. 3 : 04 PM No cars. Base 39 DBA. 3 : 06 PM One car passed. 70 DBA. -5- 890078 RESULTS OF SOUND SURVEY TAKEN AT HWY 85 ACCESS ROAD, ACROSS FROM CONOCO STATION AT GILCREST, COLORADO Date: September 9 , 1988 Scale: Weighted "A" Conditions: No Wind Conducted by: Ralph L. Nelms -Location: 30 ' East of Hwy 85 TIME: RESULTS - 3 : 14 PM B&C Refuse truck passed on frontage road. 85 DBA. 3 : 15 PM Semi-Truck passed on Hwy 85 . 85 DBA. No cars or trucks. Base of 54 DBA. Semi-Truck passed. 85 DBA. 10 cars passed. 75 DBA. 3 : 16 PM Semi-Truck passed. 77 DBA. Base of 54 DBA. 3 : 17 PM 10-20 cars passed. 65-70 DBA. Semi-Truck passed. 71 DBA. 3 : 18 PM Semi-Truck passed. 80 DBA. Cars passed. 65 DBA. 3 : 19 PM AG Land Fuel Truck passed. 74 DBA. 3 : 20 PM Semi—Truck passed. 70 DBA. -6- 890078 RESULTS OF SOUND SURVEY TAKEN -AT 5TH AND ELM STREET, GILCREST, COLORADO Date: September 9 , 1988 Scale: Weighted "A" Condition: No Wind Conducted by: Ralph L. Nelms Location: 5th and Elm Street TIME: RESULTS - 3 : 22 PM Semi-Truck passed. 70 DBA. No cars or trucks. Base of 55 DBA. 3 : 23 PM Cars passed on Hwy 85 . 60 DBA. Bronco on frontage road in front of Conoco Station. 60 DBA. 3 : 24 PM Multiple cars passed on Hwy 85 . 57 DBA. No cars. 50 DBA. -7- 8900 78 RESULTS OF SOUND SURVEY TAKEN AT PARKING LOT OF GILCREST TOWN HALL GILCREST, COLORADO Date: September 9 , 1988 Scale: Weighted "A" Condition: No Wind Conducted by: Ralph L. Nelms Location: Gilcrest Town Hall , 150 '+ from Hwy 85 TIME: RESULTS - 3 : 27 PM No traffic. Base of 52 DBA. 3 : 28 PM Pickup passed on Hwy 85 . 60 DBA. Multiple cars passed. 60 DBA. 3 : 29 PM Multiple cars passed. 60 DBA. 3 : 30 PM No cars or trucks. Base of 52 DBA. 3 : 31 PM Large group of cars. 65-70 DBA. 3 : 32 PM No cars. Base of 55 DBA. Semi-Truck passed. 60 DBA. 3 : 33 PM Semi-Truck passed. 70 DBA. 3 : 34 PM No cars or trucks. Base of 53 DBA. 3 : 35 PM Cars passed on Hwy 85 . 60 DBA. 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Cr) - - ._ Y .C . . _ ' ..:.• _ - ; _�+ __-;-=-= _. .:.i_ _ . :.- •_y-_:_ _ : e' -- ----. - 1 �..--r— _� T_ 0-- _�-- - — _ I-- - • • : 1 t o 0 i t i s 10 0 0 0 0 0 0 0 0 0 0 0 ,--+ rn CC fl L.1 cy ( vai ) siagzaaj ui s:luaivaansaa;,1 aaTay,I atasnoay 890078 AGREEMENT ik This AGREEMENT, entered into this /5 day of November, 1988 , by and between Windsor Gas Processing, Inc. , a Colorado Corporation, of 1600 West First Street, Loveland, Colorado 80337 ( hereinafter referred to as "WGP" ) , and Sam and Viola Frank, H/W, of 13411 Weld County Road 381 , Platteville, Colorado 80651 (hereinafter referred to as "Mr. and Mrs. Frank") . W I T N E S S E T fl : WHEREAS, Mr . and Mrs. Frank desire to sell to WGP for non-refundable $500 .00 , plus other considerations, the following described parcel : Being a part of: NEhNWh, Section 32, T4N, R66W, Weld County, Colorado Containing a minimum of five (5) + acres,, more or less, and WHEREAS, the parties desire to set forth the other considerations for the above mentioned sale, NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein and in consideration of completing the above mentioned sale, it is agreed: 1 . Purchase of the aforementioned land is subject to the following contingencies: a) Approval of the site for use as a gas processing plant facility by Weld County Planning Services, Weld County Board of County Commissioners, and the town of Gilcrest, Colorado. b) Successful approval of re-zoning from Agricultural to Special Use Zoning by Weld County. 890078 c) Successful approval of any City, County, State, or Federal permi _s, as needed prior to installation of the plant, as well as the ability of WGP to obtain all pipeline xight of ways to connect she gas plant to sales and purchase lines. d) Acquisition by Windsor Gas Processing of an approved Point of Delivery to the plant by Western Slope Gas Company. e) Selection of this site by WGP, at the sole discretion of WGP. 2 . WGP shall lease a 25 to 30 ft. space between the concrete irrigation ditch surrounding the five (5) acre site and the chain link fence. WGP shall also leave sufficient room to access the irrigation pump located in the SWic of the five (5) acre site, said access to meet with Mc . and Mrs. Frank ' s approval . 3 . WGP shall control weeds and otherwise maintain the lands so as to prevent any interference with the farming operations on adjacent lands. WGP shall also completely surround the site with a 6 foot chain link fence to keep out any livestock or unauthorized persons. 4 . Mr. and Mrs. Frank shall convey to WGP by general Warranty Deed the above described parcel, subject to all limitations, conditions, agreements, easements and rights of way of record including 1988 taxes payable in 1989 . No water rights nor any oil , gas or mineral interests shall be conveyed by said deed. 5 . WGP shall pay Mr. and Mrs. Frank . per acre upon delivery of the deed. Taxes shall be prorated to Hate of closing. -2- 890075 6 . Mr. and Mrs. Frank are under no obligation to repurchase the 5 acre -site after reclamation and abandonment of the plant at some future date. WGP agrees that Mr. and Mrs. Frank shall have the option to repurchase the above described parcel under the following terms and conditions : a) In the event that WGP develops the parcel for a gas processing plant and later WGP determines that WGP no longer desires to operate said plant, WGP shall notify Mr. and Mrs. Frank in writing of that determination. b) Within one hundred twenty (120) days from the receipt of the written notification, Mr. and Mrs. Frank may purchase the parcel for a price to be calculated as provided in subparagraph C below, less any liens or encumbrances. Closing shall be had within thirty (30) days of Mr. and Mrs. Frank ' s election to purchase, at a time and place to be mutually agreed upon. Closing costs and prorates shall be assessed the parties, respectively, as in a usual real estate sale. c) The purchase price shall be calculated as follows: MAI appraised price at time of repurchase, minus one-half the difference between the original purchase price and the MAI appraised value. (Assuming the MAI appraised value is higher than original purchase price. If lower , the MAI appraised value will be the selling price. ) The MAI appraiser will be chosen by both parties. If both parties do not agree upon a 3- 890078 MAI appraiser , then each party will select an appraiser and the two appraisers will select a third. The average of the three appraisals will be the appraised value. Each party shall pay one-half of the .total cost of the MAI appraisal , whether the sale is consummated or not. The decision of the appraisers shall be binding on the parties, their successors and assigns. d) In the event that WGP does not develop the parcel for a gas processing plant, and determines they will not need the parcel for that purpose in the future, WGP shall notify Mr. and Mrs. Frank in writing of that -determination. 7 . WGP shall have the sole responsibility, and shall bear the entire cost, for obtaining any and all governmental approvals and permits for their use of the above described parcel. 8 . Nothing herein shall be deemed to grant WGP any easements or rights of way over or across any lands ether than the parcel described above. 9 . Unless otherwise advised in writing, either party may send or deliver any notices anticipated by this Agreement to the addresses as listed in the introductory paragraph above. 10 . Both parties agree and understand that this Agreement is strictly contingent upon those conditions as outlined in paragraph 1 of this agreement. If any of the conditions outlined in said paragraph are not met, then this Agreement shall be null and void. 89Ot' . -4- 11 . WG-P agrees to provide Mr. and Mrs. Frank with a maximum -of gallons of NGL (propane) per year. The propane will be delivered to the Farmhouse of Mr. and Mrs. Frank when and as needed throughout the year. WGP shall purchase, at no cost to Mr . and Mrs. Frank, a trailer (including.payment of its upkeep and registration) , a 250 gallon propane tank, and all hoses and valves necessary to provide said propane to Mr . and Mrs. Frank. The 250 gallon tank and trailer are provided for the sole use by Mr. and Mrs. Frank, their family, and employees, and may be used for any purpose they desire, including but not limited to, heating their home, barn or any other building on their farm, operating a pickup, tractor , water pump, weed burner, etc. The right to gallons of NGL (propane) per year shall remain in effect as long as the gas plant is in operation. The right to said propane shall remain with the farm house and buildings as long as it is owned by Mr. and Mrs. Frank, their family, or their heirs. The right to said propane will remain with the farm house and buildings if it is rented out, but still owned by Mr. and Mrs. Frank, their family, or their heirs. The right to said propane will terminate only upon cessation of plant operation or upon sale by Mr. and Mrs. Frank of said farm house and buildings to a third party who is not a family member or heir. 12 . The above described five (5) acres shall be surveyed, and said survey shall be attached to, and recorded with, the Warranty Deed at the time of sale. 890078 -5- WGP shall pay all costs to survey the site, and all costs associated with the transfer of said land by deed. 13 . This Agreement shall be binding upon all heirs, successors, and assigns of the parties hereto. In the event a court of ccrnpetent jurisdiction shall rule that any part of this Agreement is invalid, all other provisions hereof shall remain in full force and effect. This Agreement, when executed, shall be recorded in the records of the Weld County Clerk and Recorder, and shall be deemed to run with the land above described. 14 . This Agreement is also subject to the terms and conditions outlined in Exhibit "A" , attached hereto and made a part hereof . IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. A//L + t --'/ <t oG. WINDSOR GAS PROCESSING, INC. , Sam Frank A Colorado Corporation by : 0411 cu Ralph L. Nelms 1/1 &.. £A- 4-^-ti Vice President Viola Frank ATTEST: by : Karen Burgess Assistant Secretary 890078 -6- State of Colorado ) ) ss INDIVIDUAL ACKNOWLEDGMENT County of 1/1/41 Before me, the undersigned, a Notp �`ry Public, in and for the said County and State, on this Jt t 1 day of IG'VZ(t-ibt'P" 1988 , personally appeared Sam Frank and Viola Frank, H/W, to me known to be the identical persons, described in and who executed the within and foregoing instrument of writing and acknowledged to me that they had executed the same as their free and voluntary act and deed for the uses and purposes therein set forth. IN WITNESS WHEREOF, ' I hereunto set my hand and affixed my notarial seal the day and year last above written. My Commission expires -G(tir1 )7_ atgd Lec6C/ Notary Public State of Colorado ) ) ss CORPORATION ACKNOWLEDGMENT County of (Na r,1. on this /?th day of /\InpiQ0,( 9, ✓ , 1988 , before me the undersigned, a Notary Public in and for said county, personally came Ralph L. Nelms, Vice President of Windsor Gas Processing, Inc. , a Colorado Corporation, personally known to be the Vice President and the identical person whose name is affixed to the above instrument, and acknowledged the execution thereof to be his voluntary act and deed as such officer and the voluntary act and deed of the said Windsor Gas Processing, Inc. , a Colorado Corporation, and that the Corporate seal of the said Windsor Gas Processing, Inc. , a Colorado Corporation, was thereto affixed by its authority. ` Witness my hand and Notarial Seal GvL (.-(-in in said county the day and year last above written. My Commission expires quid .L 9n. g(GfiLetto // /(7.) Notary Public B90078 Hello