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Home My WebLink About881147.tiff 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 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 30th day of November, 1988, 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 1st 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 NEI NE* , Section 10 , Township 4 North, Range 66 West of the 6th P.M. , Weld County, Colorado WHEREAS , said applicant was represented by Ralph Nelms, operations manager, 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 proposed Special Review Permit is consistent with the Weld County Comprehensive Plan ' s Urban Growth Boundary Area Goals and Policies, and is located within the urban growth boundary area of the towns of La Salle and Gilcrest. The Gilcrest / ,n -L •� ;'.. 881147 Page 2 RE: USR-WINDSOR GAS PROCESSING Town Council, in a referral letter dated October 3 , 1988 , indicated that they had reviewed this request and found no conflict with its interest. The La Salle Town Board reviewed this proposal on October 22 , 1988 , and has no objections. b. The proposed Special Review Permit is consistent with the intent of the Agricultural Zone District and is provided for as a Use by Special Review. c. The proposed Special Review Permit is compatible with the existing surrounding land uses which include Weld County Road 33 , one residence, oil wells , and agricultural production. d. No overlay districts affect the site. e. The applicant has demonstrated a diligent effort in conserving productive agricultural land in the locational decision for the proposed Special Review Permit. f. Special Review Permit 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. 881147 Page 3 RE: USR-WINDSOR GAS PROCESSING 3 . Within 45 days of approval by the Board of County Commissioners, the applicant shall submit to the La Salle Fire Protection District a technical opinion and report pursuant to the Uniform Fire Code, Article 2 , Division III, Section 2 . 301 (d) . The report shall be prepared by a qualified engineer, laboratory or fire safety specialist acceptable to both the chief and Windsor Gas Processing officials. The report shall include, but not be limited to, an analysis on the fire safety of the property and all structures situated on the site. 4 . Prior to the issuance of building permits, a copy of the following shall be submitted to the Department of Planning Services: a. An air emissions permit from the Air Pollution Control Division, Colorado Department of Health, for fugitive dust and odors . b. Liquefied petroleum gases (LPG) is considered a hazardous substance per C.R.S. 29-22-107 (2) (A) . The applicant shall list the maximum quantity of LPG expected at the site with the State Health Department, Division of Waste Management and with the Weld County Emergency Response Coordinator. 5 . Within 45 days of approval from the Board of County Commissioners, the applicant shall submit to the La Salle Fire Protection District and the Weld County Building Inspection Department an agreement between Windsor Gas and Harry Matsushima regarding the supply of natural gas to the Matsushima residence. A copy of this agreement shall be submitted to the Department of Tlanning Services along with verification from the La Salle Fire Protection District and the Weld County Building Inspection Department that their concerns have been mitigated. 6 . Prior to the recording of the plat, the owner/operator shall submit and have approved a Subdivision Exemption application. 881147 Page 4 RE: USR-WINDSOR GAS PROCESSING 7 . Prior to issuance of the building permit, the applicant shall submit a letter to the Department of Planning Services staff withdrawing the Special Review Permit 856 , 857 , and 866 submitted by Windsor Gas. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of November, A.D. , 1988 .ski Li BOARD OF COUNTY COMMISSIONERS ATTEST: c-9 aP4� WELD BOUNTY, COLORADO Weld County C erk and Recorder �y// &a% and Clerk to the Bo d tene R. Brantner, Chairman ,!«,,r a C.W. Kirby, Pr Tem Deputy County erk APP VED AS TO FORM: Ta que h son Go .do a y County Attorney u Frank Yamaguchi 881147 ]DEVELOPMENT STANDARDS Windsor Gas Processing (Oilcom Corporation) USR-858 1 . The Special Review Permit and Site Specific Development Plan is for an oil and gas support and service facility in the A (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 . All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 4 . The Special Review site shall be operated in accordance with the Air Emissions Permit approved by the Weld County Health Department. 5 . No permanent disposal of wastes shall be permitted at this site. b . The septic systems (s) for the proposed office shall be designed by a Colorado registered professional engineer according to the Weld County individual sewage disposal regulations. 7 . Maximum permissible noise level shall not exceed the light industrial limit of 70 dB (A) , as measured according to 25-12-102 , Colorado Revised Statues. B . A current map of the location of the gas supply shut-off valves shall be maintained with the La Salle Fire Protection District. S . The 300 barrel condensate tank and 100 barrel water tank shall be located no closer than 100 feet to all propane storage tanks. 10 . No buildings or structures shall be built within Panhandle Eastern' s 50-foot pipeline right-of-way. 11 . Smoking shall not be permitted at any time on the Special -Review Permit site. "NO SMOKING" signs shall be placed and maintained on the subject site. 881147 Page 2 DEVLOPMENT STANDARDS - WINDSOR GAS PROCESSING 12 . all vessels containing flammable or dangerous -materials shall be identified in accordance with the National Fire Protection Association, #7D4M identification system. 13 . No less than one 4-0A 24DBC sated fire extinguisher shall te located and maintained on the Special Review site -at all times. 14 . All liquid storage tanks shall be bermed to contain the greatest amount of liquid passible that can be released from the largest storage tank in the event of spillage. 15 . The appearance of the facility shall be maintained in a _neat and orderly condition through periodic painting and maintenance. 16 . All land within 25 feet of any oil or -gas tank containing flammable or combustible -materials, or other appurtenant production equipment shall be kept free o₹ dry weeds, grass, or rubbish. 17 . A six font chain-link fence, topped with three strands of barbed wire, shall enclose the Special Review area. 18 . The truck hauling route shall be limited to Weld County Road 33 north o₹ the proposed access -to Weld County Road 3-34 . At no time shall the truck haul route include Weld County Road 33 south of the Special RReview Permit access to or from U.S . Highway S5 . 15 . All construction on the property shall be in -accordance with the requirements of the Weld County 33uilaing Code Ordinance. 20 . The property owner or operator shall te responsible for complying -with the Design Standards of Section 24 .5 of the Weld County Zoning Ordinance. 21 . The property owner or operator shall be responsible for complying with the Operation Standards of Section 24 .-S of the Weld County Zoning Ordinance. 22 . personnel from the Weld County -Health Department, Weld County Department of Planning Services, and La Salle Fire protection Service shall to granted access onto the property at any reasonable time in _order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. 881147 Page 3 DEVLOPMENT STANDARDS - WINDSOR GAS PROCESSING 23 . 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. 24 . 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. 881147 HEARING CERTIFICATION DOCKET NO. 88-75 RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT - OIL AND GAS SUPPORT AND SERVICE FACILITY IN THE A (AGRICULTURAL) ZONE DISTRICT - WINDSOR GAS PROCESSING A public hearing was conducted on November 30, 1988, at 10:00 A.M. , with the following present: Commissioner Gene Brantner, Chairman Commissioner C.W. Kirby, Pro-Tem Commissioner Jacqueline Johnson Commissioner Gordon E. Lacy Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Bruce T. Barker Planning Department representative, Keith Schuett The following business was transacted: I hereby certify that pursuant to a notice -dated November 14, 1988, and duly published November 16, 1988, in the Platteville -Herald, a public hearing was Conducted to consider the request of Windsor Gas Processing 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. -Bruce Barker, Assistant County Attorney, made this matter of record. Keith Schuett, Planning Department representative, entered the favorable recommendation of the _Planning Commission into the record. He said their recommendation is based upon six Conditions and 24 Development Standards. Ralph Nelms, operations manager for Windsor Gas Corporation, represented the applicant. He said they are planning to relocate their plant presently located in the Windsor area and are considering several sites. This _Permit is requested for one of the sites under consideration. Mr. Schuett asked if they would be agreeable to a Condition that, if this site 3s selected, the Special Review Permits for the other sites under consideration -would be withdrawn before a building permit is issued. Mr. Nelms was agreeable to the addition of such condition. Discussion was held concerning the haul routes. Mr. Nelms stated that his company would take necessary measures for dust abatement. No public comment was offered concerning this request. Commissioner Johnson moved to approve the request of Windsor Las _Processing for a Site Specific Development Plan and Special Review Permit on part of the NEi NE} of Section 10, Township 4 North, Range 66 West of the 6th P.M. , Weld County, Colorado, subject to to the Conditions, as amended, and the secommpnded Development Standards. The motion was seconded by Commissioner Kirby and carried unanimously. l�� /inn' ' 881147 Page 2 HEARING CERTIFICATION - WINDSOR _GAS PROCESSING This Certification was -approved -on the Sth -day of December, 1988. APPROVED: 24 BOARD OF COUNTY COMMISSIONERS ATTEST: J. WE �J� OUNTTY, COLORADO LO Weld County Clerk and -Recorder .�( l/7,C/ Vii'' Lo and Clerk to the Board Gene -R. Brantner, Chairman • Deputy County Cl-er C.W. Xirby, Pr0=I m 1 Ja que '4,.e . , .s.n Go d."" Lacy Frank YaKaguchi TAPE F88-_50 DOCKET #88-75 PL0333 881147 PUBLIC NOTICE The Board of County Commissioners of Weld County, Colorado, on November 30, 1988, conditionally approved a Site Specific Development Plan and a Special Review Permit for the property and purpose described below. Conditional approval of this plan creates a vested property right pursuant to Article 68 of Title 24, C.R.S. , as amended, for a period of three years. APPLICANT: Windsor Gas Processing (OILCOM Corporation) 1600 West 1st Street Loveland, Colorado 80537 LEGAL DESCRIPTION: Part of the NE}NE} of Section 10, 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 t_arms and conditions of approval will result in a forfeiture of the vested property right. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy PUBLISHED: December 7, 1988, in the Platteville Herald 881147 Affidavit of Publication STATE OF COLORADO County of Weld ss. I A.Winkler Riegel of said County of Weld being duly sworn,say that I am publisher of Platteville Herald SOW NOME that, the same is a weekly newspaper of general circulation was "!•aid. M `Rgwggy. printed and published in the town of Commieslonme of weld County, . Colorado, on November 30, MSS Platteville conditionally 8K.approved a Site Specific Development Plan mid• to said county and state that the notice of advertisement. of which Special Review Permit for the the annexed Is a true copy has been published in said weekly ProMr1Y and*Meow described newspaper(or below, Co r approval of this plan creases a vested prop- 1201 ertF right envenom to Arilel Ee of ..+L. consecutive weeks: ; �of men ded,ended, for that the notice was published In the regular and entire issue of every Yeah. number of said during the period and time of publication APPLICANT: newspaper newspaper WIWea Oaeporaion of said notice and m tpe o proper and not in a inedsupplement 1506 We Clef Beet thereof:that the first publication of said notice was contained in the .tsBD West u1 SbNt issue of said newspaper bearing the date of Loveland,LEGAL pECoo ON: 3TPart of Ate / 7 A.D..19 ii and the last publication d» NE tN NE IM of Secdon lo, TowneMP_4 Noah,Renee 65 Wert thereof,in the Issue of said newspaper,bearing date, of the aM Fa, Weld County, Colorado the 7 day of TYPE -AND INTENSITY OF APPROVED USE: Oil and sae; 1911 that the said support and service fecMty in the A (Agricultural)Zone District SIZE OF PARCEL: 5 acres, more or lees Platteville Herald Failure to abide by the ter has been published continuously and uninterruptedly during the and conditions of approval 111, period of at least fifty-two consecutive weeks next prior to the first result N e forfeiture of Um led issue thereof containing said notice or-advertisement above referred property daht:.. . . - to: and that said newspaper was at the time of each of the 84":0" COUNTY publications of said notice duly qualified for that purpose within the ISSIONERS. meaning of an-act entitled, "An Act Concerning Legal Notices, - WELD COU Y, COLORADO Advertisements and Publications and the Fen of Printers and Publishers thereof, and to Repeal all Acts and P •f Acta in DV:-MARY.AWN FEUERSTEIN Conflict with e-Provisions of dais t"a .. 7. 921. +.: _ COUNTY CLERK all am tatiler f, and p yeas = end di, an -:M ' AND RECORDER: a 1 3.used AND CLERK TO THE OOARD.. lit 9 SY:Marylteift Deputy Pub taker Published In the Plettevllle Herald, December T, tgBal Su rlbed end sworn to bee -me this, _day of WW A D. 19p /'�"�"��(�� Notary Public FORT LUi1°fON P alb v"af,ve, Ave. Fort Lupton,CO 80621 My commission expires June 1992 My Commission expires June 30, 1992 881147 ATTENDANCE RECORD PLEASE write or print legibly your name , address and the name of the applicant or Docket # for the hearing you are attending. TODAY'S HEARINGS ARE AS FOLLOWS: NOVEMBER 30, 1988 DOCKET #88-74 USR-NURSING CARE FACILITY - HCC COUNTRY VIEW CARE CENTER, INC. DOCKET # 88-75 USR-OIL & GAS SUPPORT & SERVICE FACILITY IN A ZONE DISTRICT-WINDSOR GAS PROCESSING DOCKET -# 88-72 INCREASE FEE SCHEDUL-E-LAND USE PERMIT APPLICATIONS DOCKET # 88-73 INCREASED FEE SCHEDULES-BUILDING PERMITS, ETC DOCKET #88-71 CHANGES TO WELD COUNTY BUILDING CODE NAME ADDRESS HEARING ATTENDING /lay .2U- 1-2,-1-c-1-2,-1-c— ,L J-JT5 uJcIL 3 5 cL .e-cY,(iZ VLit-0_41.2.4 .c-- - i/ ,-/- .�, tJ-"%ht 1 O0 Vu I-irJi- - TeFe7- V4 i^IP h" � ej 881147 CONDITION OF APPROVAL NUMBER 6 WINDSOR GAS PROCESSING (OILCOM CORPORATION) USR-858 Prior to issuance of the building permit, the applicant shall submit a letter to the Department of Planning Services' staff withdrawing the Special Review permits 856, 857, and 866 submitted by Windsor Gas. 881147 NOT I C E 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 is 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 text 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. 88-75 Windsor Gas Processing (OILCOM Corporation) 1600 West 1st Street Loveland, Colorado 80537 DATE: November 30, 19a: 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} NEl of Section 10, Township 4 North, Range 66 West of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 3 miles north of Gilcrest; west of and adjacent to Weld County Road 33 and one mile north of Weld County Road 46 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy DATED: November 14, 1988 PUBLISHED: November 16, 1988, in the Platteville Herald 881147 4- 4 ,t,P,r L ....NOTICE Affidavit of Publication Pursuant m'!Ilse toning lays of the Stile of Colorado and the WOK public -Korthig Cremona,-will be hspde the Clambers of the Bond el County Commotlamra-of weld Tourrty, Colorado, Weld County Lenten- STATE OF COLORADO MN Comm,015 10th Street, First Row. °mete , Oeloredo, at Me County of Weld SS. time•waif.:!All perm In eery manner Interested in the Sim SPeafe Development Plan and I A.Winkler Riegel of said County of Weld being duly sworn,say - Special Review PenNt-are re- that I ampublisher of quested to attend sod may be M Platteville Herald Should the appfans or any in. that. the same is a weekly newspaper of general circulation was once a•p desire the *e* printed and-published in the town of record el the oosedl to ma4a■ ration to the ap Me,Jw ad. s Platteville will be -d record.. erring, t Cleric to the Board's Office in said county and-statelhat the notice of advertisement.of which an be anbead fora Net of eel- the annexed is a true copy has been published in said weekly aged co wt reporters in the era newspaper for If•court reporter M-0gWad, the M Cie*balm SortOfficeYOfficeshell ( -...=A--.- consecutive weeks: be tliceeat i . is esd verMng of such ac-. that the notice was published in the regularand entire issue of-every hearing. Tam cost of 'naming • number of said newspaper during the period and time of publication court reports shall be bona by of said notice and in the newspaper properand not in a supplement theBEr•q re IT questing LSO KNOWN that the thereof:that the firstpublcation of said notice was contained in the text and imps esxertleed by dm issue-of said newspaper bearing the date of r� Weld ay btye examined AN of-- 1 tf -A.D..19 it and the last publication floe of the Clerk losheAaoey o thereof,in the issue of said newspaper,bearing date, - Catty Co edeeleirers, Iesated Emm the 1-4 dayCenter,lila h Macy of /N Reel,ametey, Celersge. 19f . that the said DOCKET NO.ldp-71 APPUCANT Platteville Herald Windsor do Processing (CILCON xorperason) hasl,een published continuously and uninterruptedly during the 1000 west ter Shat period of at least fifty-two consecutive weeks next prior to theft Loveland, Colorado 00037 issue thereof containing said notice or advertisement above referred DATE: November 70, iso to: and that said newspaper was at the time of each of the TINE: 10030 A.N. publications of said notice-duly qualified forlhat purpose within the meaning of an act entitled. "An Act Concerning Legal Notices, REQUEST: Site Specific De- Advertisements and Publications and the Fees of Printers and vsbmant#Nnand Special Re. Publishers tic f, and to Repeal all,Acts an. -- off boa in Mew Permit-Oil end goo support Connie a Provisions of this ,,,., ; A. 1 7. 921.and and service facility In-the A all am dm fit and part!- a am dcd .y an8 ( ellDESCRIPTION:) erict of rep ed. 3 and an , May t 931. Em NE 1N NE 1/0 of-Section 10, 1 Lif ., / Township 4 Non ,Weld IS-West .—e" Publisher of t 0h P.M., weld County, Colorado Y l titer mat of uTION: Verestmwot w Subscribed�, � ' � �an�'d sworn to beffre me this He day of and ediaeat to weld County p r.--^wd A.D. 19 It Road 33 and ore;sib north of Mild Ceaayass a C.-- 7 -147 EOARD-bP COUNTY C01NSS- / OIOSADO Notary Public wits COUNTY, COLORADO FORT LUP it'f P ES; BT:-NNBT ANN pfIIECDTSIN 415 G-.`nvc: Ave. - - COUNTY CLERK AND RECORDER Fort Lupton,CO 80621 AND CLERK TO THE BOARD BY:Wry Reif,Deputy AMID: Naysmber 10, 1W My commission expires June 1992 Published in the PtaltevBY 1W- W, Nsvenaber /0, tie. My Commission-expires June 30, 1992 881147 Affidavit of Publication NOON Pure w daMS WOO M die Stets of Cain and KM Wald Cooly ArylMops% a publhilimidiry t me a � TWO In the eCha ` St Ossinry STATE OF COLORADO CaparadNaarrt0 Wald Canty, CalonidCounty of Weld ss. Mud C '«da la m a SSW Roar, aNeft- at " in NIT I A.Winkler Riegel of said County of Weld being duly sworn.say manner N00Yns opsonla` .Ma WS that I am publisher of 8pao1M PMn ow Opoalol SSW aro ro- La Salle Leader *MS a MIPS and ay ha that, the same is a weekly newspaper of general circulation was Shoal b ar NW Is printed and published in the town of rrwrtad r' Wes- La Salle wN▪amsliIS,_ L ., hiS' dhlon to in said county and state that the notice of advertisement, of which wus be kept d r t derail er tha Swint the annexed Is a true copy has been published in said weekly the CMS to Ma Dacia Moo newspaper for con be contacted far a list al an —c_ sad coot repwtarait ft wa. l — — consecutive weeks: N a coat reporter ta obtained, Or that the notice was published in the regular and entire issue of every as• E OW WOO TRIEW0 MOW r aed S af Wat ' number of said newspaper during the period and time of publication Oa N PSI b ilif P W to of said notice and in the newspaper proper and not m a supplement 31 thereofllhat the first publication of said notice was contained in the issue of said newspaper bearing the dateof _____, The a WWI/4_6,11.,121_, and the last publication I � ~ thereof.In the issue of said newspaper,bearing date, q !0�apniMO�l IT ALSO llod by tthe ". the // Wahl Canty Win ilel: Cewwlp /G dae IS ar- y of Won Km of it Sad el 2/1,n♦_ ii A) 191. that the said Cerny C Ma Weld Colliery h C t, Thu Coala 010 IOM SW WW, TNN La Salle Leader Rear, OtaNOF 6M.rad.. has been published continuously and uninterruptedly during the DOCKET W. 0Fy{ period of at least fifty-two consecutive weeks next prior to the first APPLICANT issue thereof containing said notice or advertisement above refereed WrynessO Promising ea Prosing to: and that said newspaper was at the time of each of the (aLCOM Carpsra0on) publications of said notice duly qualified for that purpose within the 1600 Wads 1N OYsot meaning of an act entitled. "An Act Concerning Legal Notices, LowWM, CNareM-Nad7 Advertisements and Publications and the Fees of Printers and DATE: Navwbgr Si, INS Publishers thereof. and to Repeal all and arts of Acts in TINE: 10110 A,N. Conflict wi the Provisions a al7, 192 .and • all d ereof. p lady as enced b act REOUEOT: OMo Specific Do- apl�. 1/ t o y]3. Ron wry Spacial Ro- eatery w oaPPen and Seam toott tan M A Publisher (ALEGAL D ZaM. LEGAL DESCRIPTION: Pan of '/ tin NE Ill NE WPM MOW 10. t scribed d ..$i sworn to before me this�r ,day o f Tars*o Neatali alien Wmt AA) 19 of the OM Pat County, ( Colorado LOCATION: APPr.Nslny a / 'l„ n (1 toad aorta of at MN n cot of Q,64.t.YnF-fA�l"_ _J and adjust a.WNd Caaaty Notary Public Road UN and oat MN north of Wald Oway RaDO.:M :E.S' I WARD OF COUNTY COtNU- BIONERO M k•AY. any^... IA COUNTY, COLORADO IT: WRY-ANN PEUEROTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD My commission expires June 1992 BY:Wry RrM,Opaty My Commission expires June 30, 1992 DATED: New fier id, tinMIMS lit IS to OS b0 'Itimaker IL W • 881147 DATE: November 14 , 1988 TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners: If you have no objections, we have tentatively set the following hearing for the 30th day of November, 1988 , at 10 : 00 A.M. Docket No. 88-75 - 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 OFFICE OF THE CLER TO THE BOARD BY: /2 .9Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD OUNTY, COLORADO 881147 _ Summary of the Weld County Planning Commission Meeting November 1, 1988 Page 4 CASE NUMBER: USR-858 APPLICANT: Windsor Gas Processing 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 ZEGAL DESCRIPTION: Part of the NE} NEI of Section 10, T4N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 3 miles north of Gilcrest; 2 miles west southwest of La Salle and west of Weld County Road 33 Ralph Nelms, Operations Manager, Windsor Gas Processing, represented the applicant. This request is an alternate site. They have only one gas plant which will be moved from the Windsor/Severance area to one of three sites. Because of the length of time it takes to approve a Special Review permit, they have applied for the primary and two alternate sites, but only one site will be used. Parry Matsushima, property owner, reviewed the type of land this is and its use. The Chairman called for discussion from the members of the audience. There was none. The Chairman asked Mr. -Nelms if the recommendation, conditions, and Development Standards had been reviewed? These have been reviewed and they have no objections to them. The Chairman asked that the recommendation, conditions, and Development Standards be filed with the summary as a permanent record of these proceedings. MOTION: Ernie Ross moved USR-858 for Windsor Gas Processing for a Site Specific Development Plan and a Special Review permit for an oil and gas support and service facility in the Agricultural zone district be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendation, conditions, and Development Standards as presented by the Department of Planning Services' staff and the testimony heard by the Planning Commission. Motion seconded by Lynn Brown. 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 their decision. Lynn Brown - yes; LeAnn Reid - yes; Ivan Gosnell - No, because he is against prime agricultural land being taken out of production; Jerry Burnett - yes; Ann Garrison - yes; Rick Iverson. - yes; Jerry Kiefer - yes; Ernie Ross - yes; Bud Halldorson - yes. Motion carried with eight voting for the motion and one voting against the motion. !// 881147 xNtAii BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Ernie Ross 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-858 V . NAME: Windsor Gas Processing (OILCOM Corporation) NOV 81988 • ADDRESS: 1600 West First Street, Loveland, CO 80537 . 3 d/q !M r. 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} NE} of Section 10, T4N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 3 miles north of Gilcrest; west of and adjacent to Weld County Road 33 and one mile north of Weld County Road 46 be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Weld County Planning Commission that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: - The proposed use by special review is consistent with the Weld County Comprehensive Plan's Urban Growth Boundary Area Goals and Policies, and is located within the urban growth boundary area of the towns of La Salle and Gilcrest. The Gilcrest Town Council, in a referral letter dated October 3, 1988, indicated that they had reviewed this request and found no conflict with its interest. The La Salle Town Board reviewed this proposal on October 22, 1988, and have no objections. - The proposed use by special review is consistent with the intent of the Agricultural zone district and is provided for as a use by special review. - The proposed use by special review is compatible with the existing surrounding land uses which include Weld County Road 33, one residence, oil wells, and agricultural production. - No overlay districts affect the site. ^� 881147 �XNIs/7 R Windsor Gas Processing USR-85$ Page 2 - The applicant las demonstrated a diligent effort in conserving productive agricultural land in the locational decision for the proposed use by special review. - 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 Recorders. 3. Within 45 days of approval by the Board of County Commissioners, the applicant shall submit to the La Salle Fire Protection District a technical opinion and report pursuant to the Uniform Fire Code, Article 2, Division III, Section 2.301 (d) . The report shall be prepared by a qualified engineer, labcratory or fire safety specialist acceptable to both the chief and Windsor Gas Processing officials. The report shall include, but not be limited to, an analysis on the fire safety of the property and all structures situated on the site. 4. 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 mivisi.on, Colorado Department of Health for fugitive dust and odors. $61147 Windsor Gas -Processing USR-858 Page 2 - Liquified petroleum gases (LPG) is considered a hazardous substance per C.R.S. 29-22-107 (2) (A) . The applicant shall list the maximum quantity of LPG -expected at the site with the State Health Department, Division of Waste Management and with the Weld County Emergency Response Coordinator. 5. Within 43 days of approval from the Board of County Commissioners, the applicant shall submit to the La Salle Fire Protection District and the Weld County Building Inspection Department an agreement between Windsor Gas and Harry Matsushima regarding the supply of natural gas to the Matsushima residence. A ropy of this agreement shall be submitted to the -Department of Planning Services along with verification from the La Salle Fire Protection District and the Weld County Building Inspection Department that there concerns have been mitigated. 47 . Motion seconded by -Lynn Brown. VOTE: lbr Passage Against -Passage Lynn Brown Ivan Dosnell LeAnn Reid Jerry Burnett Ann Garrison Rick Iverson Jerry Kiefer Ernie Ross -Bud Halldorson The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION _OF COPY I, Bobbie Goad, -Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and _foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on November 1, 11988, and recorded in Book No. XI of the proceedings of the Planning Commission. Dated the first day of November, 1988. Bobbie _Good Secretary � �y 88 14 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Windsor Gas Processing (Oilcom Corporation) USR-8558 1 . The special review {permit and site specific development plan As Tor an oil and gas support and service facility in the A (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. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 4. The -special review site shall be operated in accordance -with the air emissions permit approved by the Weld County Health Department. 5. No -permanent disposal of wastes shall be permitted at this site. 6. The septic systems(s) for the proposed office shall be designed by a Colorado registered prof-ssional engineer according to the Weld County -individual sewage disposal regulations. 7. Maximum permissible -poise level shall not exceed the light industrial limit of 70 dB(A) , as measure-d according to 25-12-102, Colorado Revised Statues. 8. A current map of the location of the gas supply shut-off valves shall be maintained with the La Salle Fire Protection District. -9. 'The 300 barrel condensate tank and 100 barrel water tank shall be located no closer than 100 feet to all propane storage tanks. 10. No buildings or structures shall be built within Panhandle Eastern's fifty loot pipeline right-of-way. 11 . Smoking shall not be permitted at any time on the use by special review permit site. "NO SMOKING" signs shall be placed and -maintained on the subject site. 12. All vessels containing flammable or dangerous materials shall be identified in accordance with the National Fire Protection Association, #704M identification system. 13. No less than one 40A 240BC -rated fire extinguisher shall be located and maintained on the special review site at all times. 881147 Windsor Gas Processing USR-858 _Page 2 14. All liquid storage tanks shall be bermed to contain the greatest amount of liquid possible that can be released from the largest storage tank in the event of spillage. 15. The appearance of the facility shall be maintained in a neat and orderly condition through periodic painting and maintenance. 16. All land within twenty-five (25) feet of any nilor gas tank containing flammable or combustible materials, or other appurtenant production equipment shall be kept free of dry weeds, grass, or rubbish. 17. A six (6) foot chain-link fence, topped with three (3) strands of barbed wire, shall enclose the use by special review area. 18. The truck hauling route shall be limited to Weld County Road 33 north of the proposed access to Weld County Road 394. At no time shall the truck haul route include Weld County Road 33 south of the use by special review access to or from U.S. Highway 85. 19. All construction on the yroperty shall be in accordance with the requirements of the Weld County Building Code Ordinance. 20. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Boning Ordinance. 21 . The property owner or operator shall be responsible for complying with the Dperation Standards of Section 24.6 of the Weld County Zoning Ordinance. 22. Personnel from the Weld County Health Department, Weld County Department of Planning Services, and La Salle Fire Protection Service shall be granted access onto the property st 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. 23. 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 C-ommissioners 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. 881147 Windsor Gas Processing USR-858 Page 3 24. The property owner or operator shall be responsible for complying with all or 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. 881147 ADDITIONAL COMMENTS WINDSOR GAS PROCESSING (OILCOM CORPORATION) USR-85S The La Salle Tire Protection District, in it-s letter dat-ed October 11, 1988, recommended the installation of a fire hydrant to further than 500 fret from the entrance of the facility. It is the opinion _of the Department of Planning Services` staff that this requirement is unreasonable for the proposed special review site. 881147 INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Case Number USR-858 Windsor Gas Company, Inc. Submitted or Prepared Prior to Hearing at Hearing 1. Application 31 Pages X 2. One Application _plat 1 page 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. HPS Notice of Hearing X 9. DPS Case File Summary Sheet X 10. DPS Field Check X 11. Seventeen Photographs _of existing sites 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 November 8, 1988. Current Planner STATE OF COLORADO ) COUNTY OF WELD SUBSCRIBED AND SWORN S0 BEFORE ME THIS 8th day of November, 1988. SEAL NOTARY\ PUBLIC My Commission Expires My Commission Expires Feb. 13, 1969 881147 /64H/13/7/ EXHIBIT INVENTORY CONTROL SHEET Case 71Sje /1/.fiyi_6[¢ay /c WL9 O Exhibit Submitted By Exhibit Description A. 292�-1q, /P-1, // lrL�y L iN .42C427 ea det oze/y, 177-99Qt edn: e722,11-4 D. /�� /y E. d<' �GLVnel-ret-er - F. G. H. I. J. K. L. M. N. 0. 881147 44 Iir lrP4%,} e, , f , I ' f 1 .e,.: , 4. 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LEGAL DESCRIPTION: Part of the NE} NE} of Section 10, T4N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 3 miles north of Gilcrest; west of and adjacent to Weld County -Road 33 and one mile north of Weld County Road 46 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 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of J'lanning Services' staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: - The proposed use by special review is consistent with the Weld County Comprehensive Plan's Urban Growth Boundary Area Goals and Policies, and is located within the urban growth boundary area of the towns of La Salle and Gilcrest. The Gilcrest Town Council, in a referral letter dated October 3, 1988, indicated that they had reviewed this request and found no conflict with its interest. The La Salle Town Board reviewed this proposal on October 22, 1988, and have no objections. - The proposed use by special review is consistent with the intent of the Agricultural zone district and is provided for as a use by special review. - The proposed use by special review is compatible with the existing surrounding land uses which include Weld County Road 33, one residence, oil wells, and agricultural production. - No overlay districts affect the site. - The applicant has demonstrated a diligent effort in conserving productive agricultural land in the locational decision for the proposed use by special review. 881147 Windsor Gas Processing USR-858 Page 2 Special review development standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. This recommendation is based, in part upon a review of the application submitted 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 Recorders. 3. Within 45 days of approval by the Board of County Commissioners, the applicant shall submit to the La Salle Fire Protection District a technical opinion and report pursuant to the Uniform Fire Code, Article 2, Division III, Section 2.301 (d) . The report shall be prepared by a qualified engineer, laboratory or fire safety specialist acceptable to both the chief and Windsor Gas Processing officials. The report shall include, but not be limited to, an analysis on the fire safety of the property and all structures situated on the site. 4. Prior to the issuance cf 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. Liquified petroleum gases (LPG) is considered a hazardous substance per C.R.S. 29-22-107 (2) (A) . The applicant shall list the maximum quantity of LPG expected at the site with the State Health Department, Division of Waste Management and with the Weld County Emergency Response Coordinator. 881147 Windsor Gas Processing USR-858 Page 2 5. Within 45 days of approval from the Board of County Commissioners, the applicant shall submit to the LaSalle Sire Protection District and the Weld County Building Inspection Department an agreement between Windsor Gas and Harry Matsushima regarding the supply of natural gas to the Matsushima residence. A copy of this agreement shall be submitted to the Department of Planning Services along with verification from the LaSalle Fire Protection District and the Weld County Building Inspection Department that there concerns have been mitigated. 881147 ADDENDUM TO THE CONDITIONS OF APPROVAL 6. Prior to the recording of the plat, the owner/operator shall submit and have approved a subdivision exemption application. 881147 LAND-USE APPLICATION SUMMARY -SHEET DATE: October 25, 1988 CASE NUMBER: USR-858 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 services facility in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the NE} NE} of Section 10, T4N, R66W of the 6th P.M. , Weld County, Colorado SIZE OF PARCEL: 5 Acres, more or less POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this proposal is listed in Section 24.3 of the Weld County Zoning Ordinance. The Department of Planning Services' staff has received specific recommendations from the Weld County Health Department, Weld County Engineering Department, Office of Emergency Management, Panhandle Eastern Pipe Line, La Salle Fire District, and Western Gas Supply. Copies of these referral responses are included in this summary packet. 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'c 40•4 • I s•M LI n . • i q lA, l• `4° V J 1 • • -,,,..k, • • • . • ;• [\ AV • i • 1 P r- E /• I Jl'"\' ;`� '4 • a�( • • • �� • E^xTOxY. `I 'I• 1 r • 17•• 17 • •• •O, 15 �'• •!" u n is . u !'• ▪ a '• I (,d • lINT • I ' • _- fo°I• ".1 °•/S • 1 ,• • • • .I • ,I •ilie . o I. ./I • :. `I IELI•IY • ° "' OiICl1 Of ;) 1 • •I I • . •• • L• ...,n--.1O' . e.' , ea e. . n • m a ' 25• ! a, ' e. 9' I n Z�.! 20 I '. ,: • ° G• sU _• • _ • .- ' . p • •f • II I. • • • • 1?7: °1 la I m SoiP •• 1`; clLcaE r',y+o j • / 1. • • -• �d n ° x• x x• 1 x• 30 n : x• _._•— — _• --_ a •• / ° °l',• fl �— •._�,••'• •• 1 e : y/oa as • • M C 1 J, N J. • x • •Sl �'`s. ! M 3I Ji • JJ • • • • • I o • �C01.1• c— • , 1 I • • i 1. . • :01I370•••• • I r •• •• .:1 •fie••II T�•�•� • • •I mI .I .x z • • l • ! x • " •• P4 ^ 302Ex 1 • �_ • I • ��igon i • ,rt Iii • ie • ▪ • . (1 4I II 17 • "' 'N- j ' ia • ' ::'JYT[ ILLE • -e04- • 20 Il VC FJ e4 ea o al lis • p s-- — — ; z> 1° 1`•� II i�] z. I ,{ za 30 x• z• • as I \ai ' O II 25 • • i • L / •` = v 1 ae i v v v R ll . 33 v v / az as L — _1— • AQ [• , i H a:11_4' j I • C ( . FIELD CHECK FILING NUMBER: USR-858 DATE OF INSPECTION: September 30, 1988 NAME: Windsor Gas Processing (Oilcom Corporation) 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 NE} of Section 10, T4N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 3 miles north of the Town of Gilcrest, 2 miles west, southwest of the Town of LaSalle, and west of Weld County Road 33. LAND USE: N Corn crops, mobile home residence E Weld County Road 33, corn crops S Farmland, tank battery W Farmland, tank battery ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: Access to the property will be from Weld County Road 33, a county local road lying to the properties east. The property is relatively flat in elevation except for the Ei NE} NE$ of this property. At this location, there is an old irrigation tailing pond. The property is not presently used for agricultural production. In fact, the property has been left to weed. There are tank batteries in the general area. Located on the property in the NE NEi is a pump house operated by Western Gas Company. • By: Cu Pla ner 881147 c c REFERRAL LIST APPLICANT: Windsor Gas Processing CASE NUMBER: USR-858 SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY: October 11, 1988 NO SR NR NO SR NR ✓ X County Attorney X Town of LaSalle c/o Keeta Scholl V/ X Weld County Health Dept. P.O. Box 717 LaSalle, CO 80645 X Engineering Department X Town of Gilcrest , / X Office of Emergency Mngmt Y.O. Box 8 Ed Barring Gilcrest, CO 80623 V X Planning Commission Member Ivan Gosnell 11488 Weld County Road 7 Longmont, CO 80501 ✓ X State Highway Department to Y.O. Box 850ge“. Greeley, CO 80632 / X Public Service Company of Colorado 1-77" 757-1z, c/o Mr. Gary Huett P.O. Box 1668 Fort Collins, CO 80521 ca c,•es X Panhandle Eastern Pipe Line / c/o Mr. Ken Neff � S 635 North 7th Avenue � ��( Brighton, CO 80601 ✓ X LaSalle Fire District c/o Gary Sandin P.O. Box 414 LaSalle, CO 80645 X Greeley Soil Conservation District 4302 9th Street Road Greeley, CO 80634 / X Colorado Department of Natural Resources ✓ Oil and Gas Commission 1313 Sherman Street Yenver, CO 80203 NO=No Objection SR=Specific Recommendations NR=No Response 881147 c ( Affidavit of Publication STATE OF COLORADO County of Weld ss. er 5, 1988 • I a Winkler Rlesel of said County of Weld being duly sworn,say that 1 am publisher of NOTICE OF PUBLIC HEARING Platteville Herald The Weld County Planning Com- mission will hold a public hearing that. the same is a weekly newspaper of general circulation was on Tuesday, November 1, 1868, printed and published in the town of at 1:30 p.m. for the purpose of P l atteV i l l s considering a Site Specific De- velopment Plan and Special Re- view Permit for the property and in said county and state that the notice of advertisement, of which the purpose described below. the annexed is a true copy has been published in said weekly Approval of the request may me- newspaper for ate a vested property right pur- sues to Colorado Law. —.sz consecutive weeks: APPLICANT: Windsor Gas Prtie ceasing-(.0llcom Corporation) that the notice was published in the regular and entire issue of every LEGAL DESCRIPTION: Part of number of said newspaper during the period and time of-publication the NE 14 NE 1/41_of Section ID, of said notice and in the newspaper proper and not in a supplement T4 N, R66 W of the 6th P.M. Weld thereof:that the first publication of said notice was contained in the County, Colorado issue of said newspaper bearing the date of TYPE AND INTENSITY OF (DOLL. ed PROPOSED USE: Oil and gas l�`'l. ha�. A.D..39 Yl support and service facility in the and the last publication A (Agricultural) zone district thereof.in the issue of said newspaper,bearing date, LOCATION: Approximately 3 miles north of the Town o the 5- d8. of Gllcreaq 2 miles west, southwest ray p of the Town of LaSalle, and west 0_471 Vwx. t...J W of Weld County Road 33 19 that the sold SIZE: 5 ACRES, MORE OR (� LESS. \, )n .(t C/ ) The public hearing will be held tl1�3\/�,�I 'O(„t / In the Weld County Commission- ers'has been published continuously and uninterruptedly during the Weld-Hearing Room,to First Floor, period of at least P ➢ tothe County nthStreet,Centennial Greeley,C Col- fifty-two consecutive verti next prior f fred ora Te h objeCol- Issue lssue thereof containing said said notice or advertisementti above referred oracle. Comments o objections request to: and that said newspaper was at the time of each of the related to the above request publications of said notice duly qualified for that purpose within the should be runty in Departmentn to meaning of an act entitled, "An Act Concerning Legal Notices. the Weld County , 015 Tof enth Planning keet Services, eel Tenth Advertisements and Publications Repeal and the Fees a Printers and Street, Room 342, Greeley, Col- Publishers thereof. and to Repeal all Acts and Parts f Acts in tired* 80631, before the above Conflict with the ProvIsiorn of this AcC-approvcd Aptlr7, 1 ,and date or presented at the public all amenilii-n�r-aen�lTTI``tt th particularly ended by act hearing on September 20, 1968. cation are a // .and m act ea y 13 avaiClable for public Iies of the nspection in / / the Department of Planning Ser- vices, Room 342, Weld County / nblisher Centennial Center, 915 Tenth Street, Greeley, Colorado 80631. Su F}y r and sworn to be re me this_day 0 f Phone 356-4000, Ext. 4400. (IlJ A D 19 YXBud-Halldoraon, Chairman Weld County Planning Commission Published In the Platteville Her- Notary Public aId, October 5, 1988. Fora L::PT::lt P74703 n l:...:.e.et.ac.. Fon 14.tpain,oeo My commission expires June 1992 Pay Cornr:lss!Dli e::'x.1--7„ a%arin - 881147 ( ( f SURROUNDING PROPERTY AND MINERAL OWNERS USR-858 WINDOSR GAS PROCESSING OILCOM CORPORATION Harry and Terry Matsushima 22505 Weld County Road 33 LaSalle, CO 80645 Central -Bank of Greeley 3690 West Tenth Street Greeley, CO 80634 Ms. Marian M. Peppler 17011 Weld County Road 394 LaSalle, CO 80645 Matsushima #2-6, Limited c/o C F & C Energy Resources 210 Franklin Street F.O. Box 509 Niwot, CO 80544 Sulphur River Exploraiton c/o C F & C Energy Resources 210 Franklin Street F.O. Box 509 Niwot, CO 80544 Western Gas Supply Company P.O. Box 840 Denver, CO 80201 Wetco Farms, Incorporated 1120 25th Avenue Greeley, CO 80631 Jerry L. and Deobrah K. Loeffler P.O. Box 624 LaSalle, CO 80645 881147 LIST OF MINERAL OWNERS NE/4 Section 10 T4N R66W Name Address , Town, City, and State Harry and Terry 22505 WCR 33 Matsushima La Salle, Colorado 80645 Sulphur River Exploration C/0 CF&C Energy Resources 210 Franklin Street P . O. Box 509 Niwot , Colorado 80544 881147 t - _ (7 , HisHi\PP mEMORAIMU To Brian Bingle, Planning October 3, 1988 Date COLORADO From Drew Drew Scheltinga,cengn , � County Engineer rr--a suboet: Windsor Gas Processing, USR-858 The traffic count on Weld County Road 33 is just under 200 vehicles per day. The additional traffic generated by the proposed use will be minimal. However, Road 33 is nearing the limit for which a graveled road can support traffic. There is a mile of graveled road to access the site from the south and one-half mile to access the site from the north. I recommend the applicant determine which is the best route and be restricted to that section of graveled road. Storm water retention will not be required as the size of the site is very large in comparison to the permanent roofed structures. 11----1 of pa o m n S '._"'2J DLS/mw:prwgp3 xc: Commissioner Yamaguchi Planning Referral File - Windsor Gas Processing, USR-858 881147 r- WELD COUNTY OFFICE OF EMERGENCY MANAGEMENT �s PHONE (303) 356-4000, Ext 4250 P.O. Box 759 GREELEY, COLORADO 80632 • COLORADO TO: Department of Planning Services FROM: Ed Herring, OEM Date: 101288 Ref: USR-857 and 858 Windsor Gas Processing in Windsor may be a SARA Title III regulated company. I have not been able to contact anyone regarding their operation. These two locations indicate that they are regulated companies. The only request that I have is that they develop a Facility Emergency Plan prior to operation as one would be due when 10,000 lbs of product is on site. I cannot determine from these plans the amount of storage that will be on site. Please contact me if you have any questions. ir OCT 131988 881147 &H I Cu. Phuaw¢ .,uaumss!uu October 11, 1988 Mr. Brian J. Single Weld County Planning Department 915 10th Street Greeley, Colorado 80631 Mr. Bingle, I have reviewed the -plot plan submitted by Windsor Gas Processing concerning the installation of an oil and gas support and service facility near 23151 Weld County Road 33. I have the following recommendations based on the Uniform Fire Code (U. F. C. ) National Fire Protection Association (N. F. P. A. ) Standards. 1 ) As we have done with the three existing processing plants in our Fire District we will require a fire hydrant no further than 500 feet from the entrance of the facility. The hydrant must be capable of flowing one thousand ( 1, 000) gallons of water per minute at twenty (20) pounds per square inch for at least one ( 1 ) hour. 2) Windsor Gas Processing must submit to the La Salle Fire Department a copy of the fire safety and plant protection items considered in the design and operation of the plant. If, after reviewing these documents, the Chief of the La Salle Fire Department feels that they are incomplete and/or inadequate he may require a technical report per the U. F. C. (see attached ) . 3) All tanks at this location must be marked according to U. F. C. Standard 79-3, I have enclosed a copy of this standard 4) Windsor Gas Processing (WGP) shall supply proof that the State Oil Inspector has approved the plot plan and site location. 5) There are several options outlined in the proposal. One of the options 12. a) states that WGP will supply gas to the Matsushima farm house and buildings. If provisions have not been made, I feel that WGP should be required to odorize the gas prior to delivery to the Matsushima 's. 6) Control of spillage from aboveground tanks. Facilities shall be provided so that any accidental discharge of any Class I, II or IIIA liquids will be prevented from endangering important facilities, adjoining property or reaching waterways. Suitable means shall be taken to prevent the accumulation of Class I, Class II or Class IIIA liquids under adjacent Propane containers such as by dikes, diversion curbs or grading. When flammable or combustible liquid storage tanks are within a diked area, the Propane containers shall be outside the diked area and at least 10 feet away from the centerline of the wall of the diked area. 7) Valves and connections, including venting, on the tanks shall be approved by the State Oil Inspector 's Office. 8) For the safety of the facility no smoking signs shall be installed, signs shall have letters at least 3" high with a minimum 1/2" stroke. Sincerely, Gary bandau, Fire Marshal 881147 La Salle Fire Department 1 - 'J'1 �r �L'- ,Ty vi YA i / a J.;I'Y + /la J �r .rn T J f Ir.Y� �. 4i' I� y ��*) ; rJ)1 �''J /1 � � I j{,�q/�nissi.datPHONE: 34-6336 UNIFORM FIRE CODE PART I ADMINISTRATIVE ARTICLE 2 ORGANIZATION, AUTHORITY, DUTIES AND PROCEDURES DIVISION III SPECIAL PROCEDURES SECTION 2. 301 (d ) ALTERNATE MATERIALS AND METHODS ( d ) If technical expertise is unavailable within the -department because of new technology, process, products, Facilities, materials and uses attending the design, _operation or use of a building or premises subject to the inspection of the department, the Chief may require the _owner or the person in possession or control of the building or premises to provide, without charge to the department, a technical opinion and report. The opinion and report shall be prepared by a qualified engineer , specialist, laboratory or fire-safety specialty organization acceptable to the Chief and the owner and shall analy_ze the fire-safety properties of the design, operation or use of the building or premises and facilities and appurtenances situated thereon, and prescribe the necessary recommended changes. 118 MAIN STRE T I ' �' ., R LOI_C DO 80645 881147 “Wr MEMORAIIDUM Weld County Planning October 9, 1988 To Date Health Protection Services COLORADO From / A e'd I Case Number: USR-858 Name: Windsor Gas Processing Subject Health Protection Services has reviewed this proposal and recommends for approval, subject to the following conditions: 1. All 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. The septic system(s) for the proposed office is/are required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. 5. Maximum permissible noise level shall not exceed the light industrial limit of 70db(A) , as measured according to 25-12-102, Colorado Revised Statues. cli��OCT^1 1 1988 \ L Iii-216 Cu. ?bait% wdfltSItlb 881147 c C PANHANDLE EASTERN PIPE LINE COMPANY P.O.BOX 127 • 635 N. 7TH AVENUE BRIGHTON,COLORADO 80601 • (3031-659-5922 October 4, 1988 Weld County Department of Planning Services 915 10th St. Greeley, CO. 80631 Attn: Mr. Keith Schuett RE: Case #USR-858 Dear Mr. Schuett: PlEase find enclosed a copy of our as-built map which hi-lites our pipeline 16-10-075-310-4", located in the Northeast Quarter of the Northeast Quarter of Section 10, Township 4 North, Range 66 West, Weld County, Colorado. We maintain a 50-foot wide right-of-way on all pipelines and will not allow any -building within that easement area. The owner or developer shall have the right to construct and maintain utility lines, streets, sidewalks , and driveways, which may be installed at approximate right angles to the pipeline herein authorized, provided, however, that all utilities cross under our pipeline and maintain 18 inches clearance from our pipeline. No paved or traveled portion of any street, sidewalk, driveway, road, parking area, alley or curbing will be placed substantially parallel to and within fifteen (15' ) feet of the pipeline. In the event of a proposed crossing with a road or utility, please contact Utility Notification Center of Colorado (UNCC) at 534-6700 (Local & Metro area) , with two (2) business days notice, and at no cost to you, we will locate and mark our lines to eliminate accidents that can occur from foreign forces. Panhandle Eastern will be more than happy to work with you on this project; however, if for any reason our lines must be moved, it will be at the expense of the developer or the person or persons asking for this movement. If additional information is needed, please call me direct at 554-9233. Sincerely, Kenneth J. Neff Right-of-Way Representative kjn/0493R "1-; ]c\-qTr il OCT 5 1988 8811 Kid t:ii. kIiowi otl(iIIIIg!I10 ': r s ' i t �-i--^ L l I ! I 1 11 I _ e'I�rco.w •• s - k 1 / "033.4 t vi/ -w,.. 90x r rN/" T yy ��_ �{- " TORT' p[f / / 79°0/5/" - , 257.4', ". Ite 135?00' dal COLTON e coLtaN tji. - -MONFORT. .No 1 cI + s• ;.4; 16-10'075-310-4n :. M.S. 30543 ..' r d•• 14 - _ it 1 I a 5 `'] r 55': 1 53' •1 • 2730 •' � p. - �• s.r. -, • } COLTON 8 COLTON- ' �, 14-10-075-1336-411 ' ' h ` ., ,,, BROWN MONFORT No. 1 I } M.S 300204 _ { ••• " • .- .i d 19'10-075-802—3`11 .: f:' at dg 1! y:. >-: y 16 10-0 —400-41---+ I NIELSON- : A' C. FARMERS°'_ + � 1 t v �'. . LLOYD EWINC No 11' M.S. 109/7 y ++ f �..N ' r ( ',9 k 14-111-075-670-4 •. rT , } x y{ 1- a�! — : a ,: �, -S 4q' 1 't'`-i7-‘"C- . 5,v.'. C:d ,4.y rc '": c „ -=w•;y a t"-.- ff�.-. --'44 ¢.�" �s.Ls"` yYPklk':-d' xT" J i_, _ t . .a.w '. 1�� z: , 14710 75-8013-44' ';;if rr 4 , . . o •�jCj �' Y' ri :x # 5 Y 1 ?,. 1 / `mod ds� }1 P� r:e 1610- ✓ 6 ++�/i • f E� r r . t- �k l d ' �' FNILLIP jtl r STATLERr1 Tit,. 10- 75-c�78' � 7' 1le x10=b7S-50 v:`i,TA � -, 4 S :sr s ii rci,•r-^}.�"1 1 f�.iT , :.,iS ] • a• 1.: ' I , • ; 'ALSO J +(�'E i -- : -- , .. •. • ,t`i& .F1 'L�l '� ' r..K �T` zO ' j `►f♦ ..., , , D OIL-STEPNENS No -e •s t 4 i ,5 ' ''' +" '- • 1 r r,. 'fil s t< q , .„..,7y,,,IF+p .ei ! #M.S 30654 T. _ Trrnr3" j ::,... .a- t x1Y -+P#,•1` F`' [' .; y it 1. '' �4 075 434 4�1 16 l0 07 71,-714 1 ' r X31 . r T+i�` ,f t ,� ` I I r� 74°2T'42" 9 •,Btt' • r✓ *t"; j r 'r e y- �ih yts` r ixx1 1410-0�5 7164° > ri 'I7/4.BS ♦ " M1Y [.. ss .tom<�„! i I �•- f}`. t._ lc Y� . ... , 11•, ; �Z �j4 ,5-.,-r, .,+„AC M1y. hit r F HOMESTEAD OIL' 3 ' ;.%`of 1.? 4. ` d'gib.'" y 'y ` 4:-- ��,t .mot-lk k i._ I _ "WILLIAMS Nor ,,,,c� . �S,_:'1k31 ?f. �t.x•�/}, tle +{ •. �� Ms 303/0 ; , 111411:1 SEE �TA fl '� ilk' d4 ' +• <° • _ Fy" a.. ;, l! 1 NIEL30N ECKf4AROT 110.2 t s'k 85' '" ,S d;. I: M.S. /0990 . 1 ' r• - \ . f I • VESSELS DINNER N0. 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 - 1500 ' SOUTH - 2000 ' EAST - 1 mile WEST - 1 mile The maximum number of users, patrons, menbei: , 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) . - The number of employees, number of shifts, and hours of operation. 881147 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 WCR 46 TO WCR 33 . TRUCK TRAFFIC ON COUNTY DIRT ROADS WILL BE REQUIRED ON WCR 33 . - 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. 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. -2- 881147 - 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. THREE MAJOR NATURAL GAS PIPELINES RUN THROUGH AND DIRECTLY ADJACENT TO THE PROPOSED PLANT SITE. TWENTY-THREE PRODUCING GAS WELLS EXIST WITHIN A 1 MILE RADIUS 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 3-311 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. 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. -3- 881147 THE PLANT WILL BE LOCATED 21/2 MILES NORTHEAST OF THE TOWN OF GILCREST, COLORADO, AND 2 MILES SOUTHWEST OF EA SALLE, COLORADO. THEREFORE , SPECIAL EFFORTS WILL BE UNDERTAKEN TO INSURE THAT THE PLANT IS CONSTRUCTED AND OPERATED TO MEET DR 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 SEMI-TRUCK AND CAR TRAFFIC TO BE LIMITED TO SLOW SPEEDS NEAR RESIDENCES ON WCR 33 AND WCR 46 . 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. THREE MAJOR NATURAL GAS TRANSMISSION LINES RUN ADJACENT TO THE PROPERTY ON THE EAST AND WEST SIDE, PARALLEL TO WELD COUNTY ROAD 33 . 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 THE TOWNS OF GILCREST AND LA SALLE 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. 7HE PROPOSED PLANT SITE IS NOT LOCATED IN A FLOOD PLAIN, GEOLOGIC HAZARD AREA, OR IN THE WELD COUNTY AIRPORT OVERLAY DISTRICT AREA. -4- ₹33114'7 - 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 HARRY AND TERRY MATSUSHIMA, 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. MATSUSHIMA 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 681147 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: (please print or type, except for necessary signature) I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission and Weld County Board of County Commissioners concerning the proposed Use by Special Review Permit on the following described unincorporated area of Weld County, Colorado: LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: NE/4 NE/4Section 10 T 4 N, R66 W LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed:Part of Section 10 T 4 N, R 66 W Property Address (if available) PRESENT ZONE Agricultural OVERLAY ZONES N/A TOTAL ACREAGE D 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: Harry and Terry Matsushima Address: 22505 WCR 43 City I , S,i1, Zip gfl /,5 Home Telephone 11 234-6429 Business Telephone U 234-6429 To Purchase Property upon approval of Special Use Permit Name: Windsor Gas Processing ( Cilrnrn Cor nratinn) address : 1600 West First Street City i.nveland Zip Home Telephone S i „ 45557 P 669-4�+n5 Business Telephone / 669-4.435 APPLICANT OR AUTHORIZED AGENT (if different than above) : Name: Windsor Gas Processing ( Oilcnm Cornnrarion) Address: 1600 West first Street City Loveland zip ;9,131 -Home Telephone U 669-4835 Business Telephone List the owner(s) and/or lessees of mineral rights on or under the subject properties of record. Name: Harry and Terry Matsushima Address: 22505 WCR 33 City La bade zip 30645 Name: Sulphur River Exploration , Inc . c/o CFC Energy Resources Address: 210 Franklin Street CityiNiowt zip 39544 P . O . Box 509 I hereby depose and state under the penalties of perjury that all statements, proposals and/or plan- 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 c/,,l day of Ati]ft 191. 11.( P 1.\-4-4.-C 'h). NOTARY PUBLIC My commission expires ,�/ /C- / '� � 881147 .HIBIT B aWel CENTRAL WELD COUNTY WATER DISTRICT September 20 , 1988 Harry Matsushima 22505 Weld Co , Rd . 33 LaSalle , CO 80645 RE : Water Service Dear Mr . Matsushima : This letter is in response to your request for the availability of additional water service for the following tescribed property : NE 1/4 NE 1/4 Section 10 , Township 4 North , Range 66 West of the 6th P.M . , Weld County , Colorado . Water service is presently available to the above described property by tap number ---121_ 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 ( 1 ) 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 n aa er General Ma ger JWZ/ca 2235 2nd Avenue • Greeley, Colorado 80631 • (303) 352-1284 • John Zadel, General Manager 881147 EXHIBIT C soil survey of Weld cc. ow' . cpsr9gg ' Southern-. United States Department of Agriculture Soil Conservation Service in cooperation with Colorado Agricultural Experiment Station 581147 hi SOIL SUH\5y Permeability is rapid. Available water capacity is yellowish brown fine sandy loam about lr, inches tidal:. moderate. A water table is at or near the surface in The substratum to a depth of fbi inches is sandy loam. spring and about 3!i inches below the surface in fall Sur- Permeability is moderately rapid. Available water face rm,otf is slow, and the erosion hazard is low. This unit is used for rangeland and wildlife habitat. The inches or is more.mod Surface The effective is s rooting the heth is rn potential native vegetation onor runoff' is slow, and erosion d is low. dominated by sand reedgrass, sand bluestem,t blu soil and s haInrirrigated areas this soil is suited to the crops corn- hairy grama, little bluestem, needleandthread, and monly grown in the area. Perennial grasses and alfalfa or sideoats grama. Potential production ranges from 1,800 close grown crops should be grown at least 30 percent of pounds per acre in favorable years to 1,400 pounds in un- the time. Contour ditches and corrugations can be used in favorable years. As range condition deteriorates, the sand irrigating close grown crops and pasture. Furrows, con- bluestem, sand reedgrass, sideoats grama, and little tour furrows, and cross slope furrows are suitable for row bluestem decrease; sandhill muhly and blowout grass in- crops. Sprinkler irrigation is also desirable. Keeping til- crease, and forage production drops. "Blowouts" occur as lage to a minimum and utilizing crop residue help to con- range condition becomes poorer. tr l erosion.The native vegetation on the Loup soil is dominated by respond to applications tof phosphorus and fertility is nitrogen. Crops switchgrass, little bluestem, sand reed wheatgrass. Indiangrass, sand bluestem, prairie cordgrass, barley, and In sorghumated aMost of s this l the is sac acreage uited to µsn planted e to slender wheatgrass, alkali sacaton, saltgrass, sedge, and winter wheat. The predicted average yield is 20 bushels rush are also present. Potential production ranges from per acre. The soil is summer fallowed in alternate years 4,000 pounds per acre in favorable years to 3,000 pounds to allow moisture accumulation. Generally precipitation is in unfavorable years. As range condition deteriorates, the too low for beneficial use of fertilizer. switchgrass, sand bluestem, indiangrass, little bluestem, Stubble mulch fanning, striperopping, and minimum til- ad prairie cordgrass decrease, and saltgrass, blue grama, lage are needed to control soil blowing and water erosion. sand dropseed, sedge, and rush increase. Undesirable Terracing also may be needed to control water erosion. weeds and annuals invade the site as range condition The potential native vegetation on this range site is becomes poorer. dominated by sand bluestem, sand reedgrass, and blue Seeding with an interseeder is advisable if the range is in poor condition. Sand reedgrass, sand bluestem, sideoats and gramwes ern a. wheatgrassIhread, aresw also pr, sideoats tenma, grama, switchgrass, little bluestem, indian also prominent. Potential h r:,�im are suitable for .grass, nrrd blue production ranges from 9�nn ....,,.,,�� .,,,,. .,,,_„ :_ seeding. Seeding early in spring ble years to 1,800 pounds in unfavorable years. As range has proven most successful. Grazing should be light to condition deteriorates, the sand bluestem, sand reedgrass, prevent range deterioration. and c Wildlife is an important secondary use of this unit. On and sand nds sage increase.ease. Annual weeds aand gma, sand es invade d, the Valent soil, rangeland wildlife, for example, the the site as range condition becomes poorer,grasses im' pronghorn antelope, can be attracted by developing Management of vegetation on this soil should be based livestock watering facilities, managing livestock grazing, on taking half and leaving half of the total annual produc- and reseeding where needed. tion.The Loup soil, which is typically wet and produces an Sand Sbluesgem,is d sand reedgrass,ble if he range is in poor condition. abundance of wetland vegetation, attracts wetland wil- grama, blue wheatgrass, an crested es dlife species, such as mallard, teal, grama, pubescent og. Th and crested ' ous shorebirds. Primary geese, and miscellane- wheatgrass are suitable for seeding. The grass selected management of this soil for wet- should meet the seasonal requirements of livestock. It land wildlife includes managing livestock grazing, fencing should be drilled into a clean, firm sorghum stubble or a to control livestock, protecting from fire, and preventing prepared seedbed. Seeding early in spring has proven drainage. Natural wetland vegetation should be allowed most successful. to develop. Capability subclass Vie irrigated, VIe nonir- Windbreaks and environmental plantings are fairly well rigated; Valent soil in Choppy Sand Meadow range site, suited to this soil. Blowing sand and low available water Loup soil in Sandy Meadow range site. capacity are the principal hazards in establishing trees 7Z—Vona loamy sand, 0 to 3 percent slopes. This is a and shrubs. The soil is so loose that trees should be deep, somewhat excessively drained soil on plains and planted in shallow furrows and vegetation maintained high terraces at elevations of 4,600 to 5,200 feet. It between the rows. Supplemental irrigation is needed to formed in eolian or alluvial deposits. Included in mapping insure survival. Trees that are best suited and have good are some leveled areas. Also included are small areas of survival are Rocky Mountain juniper, eastern redcedar, soils that have a loamy substratum and some areas of ponderosa pine, and Siberian elm.The shrubs best suited soils that are noncalcareous to a depth of 60 inches. are skunkbush sumac, lilac, and Siberian peashrub. Typically the surface layer of this Vona soil is grayish Wildlife is an important secondary use of this soil. The brown. The upper 6 inches is loamy sand and the lower 6 cropland areas provide favorable habitat for ring-net.-.ed inches is fine sandy loam. The subsoil is brown and light pheasant and mourning dove. Many nongame species can -881147 WELD COUNTY, COLORADO, SOUTHERN PART 47 he attracted by establishing areas for nesting and escape wheatgrass are suitable for seeding. The grass selected cover. For pheasants. undisturbed nesting cover is essen- should meet the seasonal requirements of livestock. It can tail and should be included in plans for habitat develop- be seeded into a clean, firm sorghum stubble, or it can he cent, especially in areas of intensive agriculture. Range- drilled into a firm prepared seedbed. Seeding early in land wildlife, for example, the pronghorn antelope, can be spring has proven most successful. attracted by developing livestock watering facilities, Windbreaks and environmental plantings are fairly well managing livestock grazing, and reseeding where needed. suited to this soil. Blowing sand and low available water This soil has good potential for urban and recreational capacity are the principal hazards in establishing trees development. Once established, the lawns, shrubs, and and shrubs. The soil is so loose that trees should be trees grow well. The chief limiting soil feature is the planted in shallow furrows and vegetation maintained rapid permeability in the substratum, which causes a between the rows. Supplemental irrigation may be needed hazard of ground water contamination from sewage to insure survival. Trees that are best suited and have lagoons. In places recreational development is limited by good survival are Rocky Mountain juniper, western the susceptibility to soil blowing. Capability subclass tile redcedar, ponderosa pine, and Siberian elm. The shrubs irrigated, IVe nonirrigated; Sandy Plains range site. best suited are skunkbush sumac, lilac, and Siberian 73—Vona loamy sand, 3 to 5 percent slopes. This is a peashrub. deep, somewhat excessively drained soil on plains and Wildlife is an important secondary use of this soil. The high terraces at elevations of 4,600 to 5,200 feet. It cropland areas provide favorable habitat for ring-necked 'brined in eolian or alluvial deposits. Included in mapping pheasant and mourning dove. Many nongame species can :are some leveled areas. Also included are small areas of 4. be attracted by establishing areas for nesting and escape soils that have a loamy substratum and some areas of cover. For pheasants, undisturbed nesting cover is essen- soils that are noncalcareous to a depth of 60 inches. tial and should be included in plans for habitat develop- Typically the surface layer of this Vona soil is grayish anent, especially in areas of intensive agriculture. Ra. .e brown. The upper 6 inches is loamy sand and the lower 5 land wildlife, for example, the pronghorn antelope, can be inches is fine sandy loam. The subsoil is brown and light attracted by developing livestock watering facilities, j._ yellowish brown fine sandy loam about 14 inches thick. managing livestock grazing, and reseeding where needed. The substratum to a depth of 60 inches is sandy loam. This soil has good potential for urban and recreational _ Permeability is moderately rapid. Available water development. Once established, the lawns, shrubs, and capacity is moderate. The effective rooting depth is 60 trees grow well. The primary limiting soil feature is the """""'h'Ifr• n the substratum, which (must--; ;a inches or more. Surface runoff is slow, and the erosion -= hazard is low. hazard of ground water contamination from sewage This soil is suited to limited cro in Intensive lagoons. In places recreational development is limited by PP g' the susceptibility to soil blowing. Capability subclass IVe cropping is hazardous because of soil blowing. The irrigated, Vie nonirrigated; Sandy Plains range site. cropping system should be limited to such close grown 74—Vona loamy sand, 5 to 9 percent slopes. This is a ' crops as alfalfa, wheat, and barley. The soil is also suited deep, somewhat excessively drained soil on plains at to irrigated pasture. A suitable cropping system is 3 to 4 elevations of 4,600 to 5,200 feet. It formed in eolian years of alfalfa followed by 2 years of corn and small deposits. Included in mapping are small areas of soils that grain and alfalfa seeded with a nurse crop. have a loamy substratum and areas of soils that are non- Closely spaced contour ditches or sprinklers can be calcareous to a depth of 60 inches. used in irrigating close grown crops. Contour furrows or Typically the surface layer is grayish brown. The upper spinklers should be used for new crops. Application of 6 inches is loamy sand and the lower 4 inches is fine ![( barnyard manure and commercial fertilizer helps to main- sandy loam. The subsoil is brown and light yellowish taro trood production. brown fine sandy loam about 12 inches thick. The sub- The potential native vegetation on this range site is stratum to a depth of 60 inches is loamy sand. dominated by sand bluestem, sand reedgrass, and blue Permeability is moderately rapid. Available water grama. Neerifeandthread. switchgrass, sideoats grama, capacity is moderate. The effective rooting depth is 00 and western i.vheatgrass are also prominent. Potential inches or more. Surface runoff is medium, and the erosion production ranges from 2,200 pounds per acre in favora- hazard is low. ale years to I,S00 pounds in unfavorable years. As range The potential native vegetation on this range site is condition deteriorates, the sand bluestem, sand reedgrass, dominated by sand bluestem, sand reedgrass, and blue and switchgrass decrease and blue grama, sand dropseed, grama. Needleandthread, switchgrass, sideoats grama, and sand sage increase. Annual weeds and grasses invade and western wheatgrass are also prominent. Potential the site as range condition becomes poorer. production ranges from 2,200 pounds per acre in favora- Management of vegetation on this soil should be based bie years to 1,SU0 pounds in unfavorable years. As range in taking half and leaving half of the total annual produc- condition deteriorates, the sand bluestem, sand reedgrass, at Seeding is di; bie if the range is in poor condition_ and sic itchgrass decrease and blue grama. sand dropse.ed. Mcd Lia tern, sandrots!.,r i sv..tchgra sideoats ❑nd sand sage increase. Annual weeds and grasse, i :r„,o _ ,ma, blue ',21r.,,"a j:-:r-' -sccci.t iaheatcrass, and crested the site as range condition becomes poorer. 6 I I 881147 rl 32 68 ,�4 sa s.ar *V \ '£ •` ' ` •�f.p/jam ef, fQ '1 as 32 / tut .. - ,� , 3-•. c • -rtil...._,Ile y' tRa4 l gi- i� i ' 4^iv/' �.�y"fjj(. {�, _� TS _ 3`44. �.y •'. 4 g 14x.144 A 'i / is61/4 4{i \SPs`t 50 '.� � . L •� , J.J. aAge �y i � � ' /�•:__ � "-- I_" i . •It'el 1 .400,.....4444414.1nr ilirr • 72 so M" '1 i 41 Ji Rr 1 29 r fir 11, __ i " +j 9 G 4 w,_• 111,,, x ` 72 - it _ :/yam S 1 n �° if 30 y a. 72 V 6:" 4%,' 29 of% • JJ o 2 .. Tr.... ' (35 SIN Q y 7 n � , \ 1 3J 2 � 't. 581147 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 'f0 1 PCT SLOPES * 2 -ALTVAN LOAM, 1 TO 3 PCT SLOPES * 5 ASCALON SANDY LOAM, 1 TO 3 PCT SLOPES 2-* 6 ASCALON SANDY LOAM, 3 TO 5 PCT SLOPES * 8 ASCALON LOAM, 0 TO 1 PCT SLOPES 4 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 i 22 DACONO CLAY LOAM, 1 TO 3 PCT SLOPES 23 FORT COLLINS LOAM, 0 TO 1 PC? SLOPES 24 FORT COLLINS LOAM, 1 TO 3 PCT SLOPES 5 25 HAVERSON LOAM, 0 TO 1 PCT SLOPES •V Ef SL•• L2 'Y 1 TO 3 PCT SLOPES 27 HELDT SILTY CLAY, 1 TO 3 PCT SLOPES * 29 JULESBURG SANDY LOAM, 0 TO 1 PCT SLOPES -* 30 JULESBURG 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 41 OLNEY FINE SANDY LOAM, 1 TO 3 PCT SLOPES 2 4-8 OLNEY FINE SANDY LOAM, 3 TO 5 PCT SLOPES 50 OTERO SANDY LOAM, 0 TO I 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 7-6 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 92 WILEY-COLBY COMPLEX, 1 TO 3 PCT SLOPES 2 P3 WILEY-COLBY COMPLEX, 3 TO 5 PCT SLOPES (-more) b1 651147 (CONTINUED) PORTIONS OF THE FOLLOWING MAP UNITS ARE IDENTIFIED AS PRIME FARMLAND IF THE FOOTNOTED CONDITIONS ARE MET AND IRRIGATED WITH AN ADEQUATE SUPPLY OF WATER. 1 16 COLBY LOAM, 3 TO 5 PCT SLOPES 1 18 COLBY-ADENA LOAMS, 3 TO 9 PCT SLOPES 1 33 KIM LOAM, 3 TO 5 PCT SLOPES 1 77 VONA SANDY LOAM, 3 TO 5 PCT SLOPES 62 881147 EXHIBIT il AFFIDAVIT Of INTEREST OWNERS SURFACE ESTATE Ppplication No. Subject Property NE/4 NE/4 Section 10 T4N R66W Weld County Colorado STATE OF COLORADO ) ss. COUNTY OF WELD 7HE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property subject to the application. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records , or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty (30) days of the application submission date. The foregoing instrument was subscribed and sworn to before me this Pday r' , Pyy1bf C , 19 by .t*n iv \ . i* d e ILS� I c„-+-t“ udf] Iic WIMESS -iy hand and official seal . h'y Comc,ission expires : Lmay,,, itGv' l OliZtlVtC1/4Z ' Notary Public 881147 1 NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION # Harry and Terry Matsushima 22505 WCK 33 J 1057-10-000-014 and 01 La Salle , Colorado 80645 Western Gas Su?ply P . O . Box 340 # 1057-03-000-016 Company Denver , Colorado 30201 Wetco Farms , Inc . 1120 25th Avenue 4 1057-03-000-029 Greeley, Colorado 80631 Jerry L. and Deborah K. P . O. Box 624 # 1057-02-000-078 Loeffler La Salle , Colorado 80645 Jerry L. and Deborah K. P . O. Box 624 4 1057- 11-000-079 Loeffler La Salle , Colorado 30645 681147 APR 18 1974 3rpy0Kn Recorded at .e,e� o'clock at.,• .. ; LIM & 10 _ .�t !13 Rec.ptloa Ne__....S6L!•1a.eS8.._ Recorder. - HARRY MATSUSHIMA, GEORGE MATSUSHIMA and TAKASHI MATSUSHLMA, t -whose address is County of Weld ,State of Colorado , for the consideration of other .,� valuable considerations and Ten and no/100 dollars, in hand paid, hereby sell(a) and convey(*) to • HARRY MAiSLaHIMA N, rl el I whose address is County of Weld , and Stab of Colorado the following o real property in the County of Weld ,and State of Colorado,to wit; The Northeast Quarter (NE}) of Section Ten (10), Township co Four (4) North, Range Sixty-six (66) West of the Sixth P.M. , Weld County, Colorado; together with 22 shares of the capital stock of the WesternPDS _f.v Mutual Ditch Company and all right, title and interest in and to irrigation wells R-11903, R-11904, R-11905, R-11906 and R-11907 as registered in the office of the State Engineer of the State of Colorado; -with all its appurtenances,and warrant(*) the title to the same,subject to easements and rights of way of record, and a Deed of Trust dated March 3, 1965, recorded March 3, 1965 in Book 536, Reception No. 1457781, Weld County Records, securing a promissory note to the ,lchn Hancock Mutual Life Insurance Com- pany in the principal sum of $30,000. 00.. ' Signed this /J dayof [.L,44.4 , if 74 . l arty i 'Ileum• - -"r"' �i...f!<t.ush STATI: Ol COLORADO, akaeh l Mat ushima County of Weld The foraying Instrument was acknowledged before me this As lay of .�-rat , 1i 74 ,by Harry Matsushima, George Matsushima •cd�T"at;'-N Matsushima..l�.yL�.a� myaemmes®oa ettplrse L� 3 ,/f 741 .W iStrAsitbind and official eakL , 0- vc, — .....,,a. 031147 I II'(.[tlry/V�(.'ot0)rWY aele�eaerela[etemaal lyre aeon aeef ow onset M -�Oleel�_eeMa s Y 11��I ��eYtl�eeaar�• • R er wi a viva ilitti r,. Ya1 y alga ads/Y emMla Y O e1r e6e�ra.Y Caratlsa gauss IL EXHIBIT E AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property NE/4 NE/4 Section 10 T4N R66W Weld County, Colorado STATE OF COLORADO ) ss. COUNTY OF WELT) 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. The foregoing instrument was subscribed and sworn to before me this Qtr.) day of e(Pfe ber , 199, WITNESS my hand and official seal. My Commission expires: 11 (0 lea 1 k rI / I 1 Notary Public 831147 LIST OF MINERAL OWNERS NE/4 Section 10 T4N R66W Name Address , Town , City , and State Harry and Terry 22505 WCR 33 Matsushima La Salle , Colorado 80645 Sulphur River Exploration C/0 CF&C Energy Resources 210 Franklin Street P . O. Box 509 Niwot , Colorado 80544 881147 ASSESSOR ' S PARCEL NO . 103710000015 PIN NO. 4391686 MEMORANDUM DESCRIPTION: The NE, of the N-E> of Section 10 , Township 4 North, Range 66 West of the 6th P .M. , Weld County, Colorado ; EXCEPT right of way for pipelines as granted to Colorado Interstate Gas Company in instrument recorded in Book 1424 , Page 55 , Weld County Records ; and EXCEPT rights of way for pipe lines granted to Panhandle Eastern Pipe Line Company in instruments recorded in Book 755 as Reception No . 1-676954 ; Book 788 as Reception No . 1709706 ; and in Book 900 as Reception No . 1821568 , Weld County Records ; and EXCEPT right of way for pipe line granted to Natural Gas Associates in instrument recorded in Book 1061 as Reception No . 2001735 , Weld County Records . GRANTEE(5) IN LAST INSTRUMENT OF RECORD TRANSFERRING TITLE: HARRY MATSUSHIMA, acquired from Harry Matsushima , George Matsushima and Takashi Matsushima by Warranty Deed dated April 15 , 1974 and recorded April 18 , 1974 in Book 713 as Reception No. 1634558 , Weld County Records . ENCUMBRANCES OF RECORD: (EXCEPT ALL FINANCING STATEMENTS) Deed of Trust from Harry Matsushima and Terry Teruko Matsushima aka Terry Matsushima to the Public Trustee of Weld County for the use of CENTRAL BANK OF GREELEY, to secure $285 , 000 . 00 , dated May 5 , 1987 and recorded May 19 , 1987 in Book 1137 as -Reception No . 2100153 , Weld County Records . Deed of Trust from Harry Matsushima and Terry Matsushima to the Public Trustee of Weld County for the use of MARIAN M. PEPPLER, to secure $25 , 000 . 00 , dated May 5 , 1987 and recorded May 27 , 1987 in Book 1157 as Reception No. 2100983 , Weld County Records . MINERAL RESERVATIONS AND CONVEYANCES OF RECORD: NONE. OIL AND GAS LEASES OF RECORD: (OVERRIDING ROYALTY INTERESTS EXCLUDED) Oil and Gas Lease between Harry Matsushima and Terry Matsushima , as lessors and Sulphur River Exploration, Inc . , as lessee, for a primary term of five years , dated August 26 , 1981 and recorded October 13 , 1981 in Book 950 as Reception No. 1871617 , Weld County Records . Assigned to MATSUSHIMA # 2-6 , LTA under instrument recorded October 19 , 1983 in Book 1010 as -Reception No . 1944114 , Weld County Records . NOTE: Extension of said Oil and Gas Lease beyond its primary term by production from the leased premises pursuant to Section 38-42-106 , CRS 1973, is claimed by the following affidavits of record : 1 . Affidavit of C F & C Energy Resources recorded March 21 , 1984 in Book 1024 as Reception No. 1960058 , Weld County Records . 2 . Amended Affidavit of C F & C Energy Resources recorded April 19 , 1984 in Book 1027 as Reception No. 1963673 , Weld County Records . 3 . Affidavit of C F & C Energy Resources recorded August 15 , 1984 in Book 1040 as Reception No . 1977650 , Weld County Records . 4 . Affidavit of C F & C Energy Resources recorded August 15 , 1984 in Book 1040 as Reception No . 1977651 , Weld County Records . 5 . Affidavit of C F & C Energy Resources recorded August 20 , 1984 in Book 1040 as Reception No . 1978174 , Weld County Records . 6 . Amended Affidavit of C F & C Energy Resources recorded December 4 , 1984 in Book 1051 as Reception No. 1990808, Weld County Records . 7 . Affidavit of C F & C Energy Resources recorded December 4 , 1984 in Book 1051 as Reception No . 1990811 , Weld County Records . . . . CONTINUED 881147 -2- EXCEPT ALL TAX SALES AND SPECIAL ASSESSMENTS, IF ANY. This information is not to be construed as an abstract of title, nor an opinion of title, nor -a policy of title insurance, and `he liability of Transamerica Title Insurance Company is hereby limited to the fee paid for this memorandum. Dated this 15th day of September, 1988 at 7 : 45 o 'clock A.M. TRANSAMERICA TITLE INSURANCE COMPANY _ _ Authorizea s nature 8503408 ADDRESSES : Harry Matsushima 22505 Weld County Road 33 LaSalle , Colorado 80645 CENTRAL BANK OF GREELEY 3690 We-st Tenth Street Greeley, Colorado 80634 Marian M. Peppier 17011 Weld County Road 394 LaSalle , Colorado 80645 MATSUSHIMA 4 2-6 , LTD. c/o C F & C ENERGY RESOURCES 210 Franklin Street P . O. Box 509 Niwot , Colorado 80544 861147 NOISE REPORT 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 881147 INTRODUCTION - The Noise Survey was conducted on September 9 , 1958 , 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 11933 , 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 38h and Colorado State Highway 60 . 3 . On Highway 85 on the frontage road across from the Conoco Filling Station/Convenience Store in Gilcrest, Colorado. 4 . At Fifth and Elm Street in Gilcrest, Colorado. 5 . At the parking lot of the Gilcrest Town Hall in Gilcrest, Colorado. 631147 The Windsor Gas Processing Plant n-ow 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 mil-es south of Severence, and 11 miles west of Windsor, Colorado. Also, there is a subdivision located about 1/3rd mile S£ of the plant. No complaints from noise have been brought to our attention since the plant was built in 1924 . -2- 881147 NOISE LEVEL REPORT FOR WINDSOR GAS PROCESSING PLANT 34095 WCR 23 Date of Test : S-eptembar 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 ' 50 ' 7B 60 ' 73 70 ' 73 80 ' 71 90 ' 70 100 ' 69 110 ' 67 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 .3 310 ' 58 320 ' 5B 330 ' 57 340 ' 56 .5 350 ' 56 .5 360 ' 56 -3- 881147 DISTANCE FROM COMPRESSOR DBA LEVEL (Cont' d) AND ENGINE (Cont ' d) 430 ' 512 ' 53 594 ' 51 677 ' 50 760 ' 49 842 ' 48 924 ' 47 1007 ' 4-6 1089 ' 46 45 Note: At a distance of 50 ' from WCR 23 , a oar 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=Loq-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 ,4_88 3010 59 . 5 944 2 ,832 400 54 501 1 ,503 500 31 354 1 ,062 600 50 316 700 48 .5 266 -948 7 8_00 71 47 .5 237 711 900 46 .5 211 633 1000 4b 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- 8811147 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 WC-R 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 TM No cars. No wind. 39 DBA. 3 : 00 PM Pickup Truck and Camper passed. fi5 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- 881147 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 $5 TIME: RESULTS - 3 : 14 PM B&C Refuse truck passed on frontage road. 85 DBA. 3 : 15 PM Semi-Truck passed on Hwy $5 . 85 DBA. No cars or trucks. Base of 54 DBA. Semi-Truck passed. 85 DBA. 10 cars passed. 75 DBA. 3 : 1-6 PM Semi-Truck passed. 77 DBA. Base of 54 DBA. 3 : 17 PM 10-20 cars passed. 65-7D DBA. Semi-Truck passed. 71 DBA. 3 : 1$ 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- 881147 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- 881147 RESULTS OF SOUND SURVEY TAKEN AT PARKING LOT OF GILCREST TOWN HALL GILCREST, COLORADO Date: September 9 , 1988 Scale: Weig-kited "A" Co-ndition: 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 DB-A. 3 : 2-9 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 oil Hwy 85 . 60 DBA. Semi-Truck passed. 70 DBA. --8- 681147 - - _ 0 > 'V - - - Vat 0 O CC 7-4 cer O C, 3 .-4 -- - S9 .r, -- - - -- --- -- - - - A J 01 to __ -- o a ,, -, o ti J s arc o J c-1 a o. an v q O cO a0 u :J 74,7 w Z C _ - - "' . - �a a - - D_ - - _ . . A u 1n �- : . :_- ---- A.. - o - CO � - o0 HI Li H C - - - O- - - kr-- ,J -,,r _a iet n - C. — C : rA. LE) ('1 o_ 171. - -- . _ - . - .. _ _ . _. k 0' C a -m 0 o c O.- Gl - - o V- 4. W - 4•r- ur-. . - - - -. Sa-_.__.,t1.. --i c > v 0 ., C V .N J. C I-t__ .-, n w. w O „� -' , - _.. a : o a. m n ::: a J vi •-t 0 4a n ` - �- QQ. € k 0 s- w co, a e— - er-- o--- eY -kr - — 3 co U -_ Sat L - u - _ 0 - may.. C P._ . - - - -- -c-- -..-0- -r.4--11- =.__ - - _--_CY ---- 4r u 0 c •A � S .''0 _ "� - Ca`.- of CO 0 - _ _y_ SID 4 Sd •d- - __ _ — Cf1 ..4 S+ _ a- �. __ - . - - 1J U d J v m c-. ,-+ - tE- - Ct -V- _-__Lrr r ---h. fi RI .- -- ----- --� --- u - v c J 74 0 _- -- - -. - 4-1 0 w op -h C. - - w- ur- -u 11 0 tr _ _. - - :- _ -- o a G- 14 o o u E or- ft--Cul - -. CU --4 'O s. . G- -. - _ Lam--k� - --- i._._ » - - w �.cd O, rn-__-,- ---i+- --- 3_-_ Hr -__--- 4) C -- H y _4.7 �_-� --- - R7 O -- O Y u- 'O 0 rat :7; - O - - . _. - - . - .-. . - S.'-0 r, O - _. . _- . . . . . ' . - 0_ _._ . _- O .44 _. . - . . . . __. __._ . . _- t o —_ - • _ O f T 0 1 l J 1 I 1 � 0 0 0 0 0 0 0 0 0 , Q‘ cc r- ,o -rl CT "'1 N ( iau ) slagioac uz sluau1aanseav z-a a;- otsnoov 881147 AGREEMENT :his AGREEMENT, entered into this 19th day of September , 1988 , by and between Windsor Gas Processing of 1600 West First Street, Loveland, Colorado 80537 ( hereinafter referred to as "WGP" ) , and Harry Matsushima and Terry Matsushima, H/W, of 22505 Weld County Road 33 , La Salle , Colorado 80645 ( hereinafter referred to as "Mr . and Mrs. Matsushima" ) . W I T N E S S E T H : WHEREAS, Mr . and Mrs. Matsushima desire to sell to WGP for non-refundable $500 . 00 , plus other considerations, the following described parcel : Being a part of : NE=,NE-; of Section 10 , T4N, R66W, Weld County, Colorado Containing five ( 5) acres, more or less, and WHEREAS , the parties desire to set forth the other considerations for the above mentioned sale, _:D[; , 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 La Salle, Colorado. b) Successful approval of re-zoning from Agricultural to Special Use Zoning by Weld County . 881147 c Successful approval of any City, County, State, or Federal permits, as needed prior to Installation of the plant. 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 . WOP shall control weeds and otherwise maintain the lands so as to prevent any interference with the farming operations on adjacent lands. 3 . Mr . and Mrs. Matsushima 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. 4 . WOP shall pay Mr . and Mrs. Matsushima per acre upon delivery of the deed. Taxes shall be prorated to date of closing. 5 . GP agrees that Mr . and Mrs. Matsushima 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. Matsushima in writing of that determination. -2- 881147 b) Within one hundred twenty (120) days from the receipt of the written notification, Mr. and Mrs. Matsushima 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. Matsushima' 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 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 -3- 881147 Mr . and Mrs. Matsushima in writing of that determination. 6 . WCP shall have the sole responsibility, and shall bear the entire Lost , fcs obtaining any and all governmental approvals and _permits for their use of the above described parcel . 7 . Nothing herein -shall be deemed to grant WGP any easements or rights of way over or across any lands other than the parcel described above. 8 . 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. 9 . 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 r.,ec, then this Agreement shall be null and void. 10 . Both parties will be required to attend all Weld County Planning Commission and Weld County Commissioners meetings, to present the Special Use Application. In addition, attendance at meetings with the town of La Salle or Greeley, or other governmental agencies, may be required of both parties. 11 . 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. WCP shall pay all costs to survey the site, and all 4- cd1147 associated with the transfer of said land by 12 . a) Y;GP agrees to provide Mr . and Mrs. Matsushima with a natural gas tap from the gas plant. The natural gas will be delivered to the Farmhouse and buildings of Mr . and Mrs. Matsushima when and as needed throughout the year. b) In lieu of the installation of a gas tap, WGP hereby agrees to pa,' one hundred percent (100% ) of the natural gas bills of Mr. and Mrs. Matsushima for their Farmhouse and buildings now connected to Greeley Gas Company. Said payments shall remain in effect under the same terms as outlined in part (d) below. c ) I; GP shall install , at no cost to Mr . and Mrs. Matsushima, all pipelines, valves, regulators, fittings, etc . , necessary to connect Mr. and Mrs . Matsustima ' s Farmhouse and buildings. A separate gas tap agreement limiting the liability for the use of the natural gas from the plant will be signed at -a later date. c) The right to the natural gas from the gas plant via a gas tap shall remain in effect as long as the gas plant is in operation. The right to said natural gas shall remain with the Farmhouse and buildings as long as it is owned by Mr . and Mrs. Matsushima, their family, or their -heirs. The right to said natural gas will remain with the Farmhouse and buildings if it is rented out, but still owned by Mr . and Mrs. Matsushima, their family, or their heirs . The right to said natural gas will terminate only S81147 upon cessation of plant operation or upon sale by Mr . and Mrs. Matsushima _of said Farmhouse and buildings to a third party who is not a family member or heir . 13 . This Agree-meet shall be binding upon all heirs, successors, and assigns of the parties hereto. In the event a court of competent 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. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WINDSOR GAS PROCESSING, a /7:L Colorado Corporation jdri Harry Matsshima Ralph L. Nelms Vice President -' • i -/ _-))• * ATTEST: 'perry Natsushima i by : C vc.i ur7 C' .-�i. K ren Burgess Assistant Secretary -o"- 881147 State cf Colorado ES INDIVIDUAL ACKNOWLEDGMENT County of Before me, the undersigned, a Notary Public, ,in and for the said County and State, on this !--> day of YI? /iinbP fr , 1988 , personally appeared Harry Matsushima and Terry Matsushima, ii/W, to me known to be the identical person, 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. • 77 7 My Commission expires ��! :' c(-! ! /K L( ; ' (//(iLtV.,/' Notary Public • State of Colorado ) ) ss CORPORATION ACKNOWLEDGMENT County of On this a day of )1! reJihrle( , 1988 , before me the undersigned, a Notary Public in and for said county, personally came Raich C . Nelms, Vice President of Windsor Gas Processing , 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, a Colorado Corporation, and that the Corporate seal of the said indsor Gas Processing, a Colorado Corporation, was thereto affixed by its authority. • Witness my hand and Notarial Seal ih L(( <0/17 . in said county the day and year last above written. C&mri scion expires //a ;t61( ��LIG�LLLG�! Notary Public • -7- Hello