The URL can be used to link to this page

Browse Search

Home My WebLink About860281.tiff RESOLUTION RE: APPROVAL OF USE BY SPECIAL REVIEW FOR A GAS PROCESSING FACILITY - TOA, AMERICAN GAS PRODUCTS WHEREAS , the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter , is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 19th day of March, 1986 , at the hour of 2: 00 p.m. in the Chambers of the Board for the purpose of hearing the application of TOA, American Gas Products, P.O. Box 430 , Fort Lupton, Colorado 80621 , for a Use by Special Review for a gas processing facility on the following described real estate, to-wit: Part of the NEa, Section 4 , Township 3 North, Range 65 West of the 6th P.M. , Weld County, Colorado WHEREAS , Section 24 . 4 . 2 of the Weld County Zoning Ordinance provides standards for review of said Use by Special Review, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request -shall be approved for the following reasons: 1 . The submitted materials are in compliance with the application requirements of Section 24 . 7 of the Weld County Zoning Ordinance. 2 . It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24. 4. 2 of the Weld County Zoning Ordinance as follows: a . The proposal is consistent with the Weld County Comprehensive Plan policies in that the use does not infringe on continued agricultural use in the -vicinity or County. The proposal does not appear to have adverse impacts on agricultural interest. b. The proposal is consistent with the intent of the Agricultural Zone District and is provided for as a Use by Special Review. 860281 Page 2 RE: USR - TOA, AMERICAN GAS PRODUCTS c. No overlay districts affect the site. d. Use by Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Use by Special Review for a gas processing facility on the hereinabove described parcel of land be, and hereby is , granted subject to the following conditions: 1 . The attached Development Standards for. the Use by Special Review permit be adopted and placed on the Use by Special Review plat prior to recording the plat. 2. -The Use by Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Use by Special Review plat has been delivered to the Department of Planning Services Office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3 . Within -90 days from the date of approval by the Board of County Commissioners , the applicant shall obtain the required emissions permit from the Air Pollution Control Division, Colorado Department of Health. Evidence of approval shall be delivered to the Department of Planning Services. 4 . The fire safety properties of the design, operation and use of the proposed gas processing facility shall be inspected by a fire safety expert pursuant to Article 2 , Section 2 . 301 of the Uniform Fire Code. A fire safety evaluation of the proposed facility prepared by the fire safety expert shall be - submitted to the LaSalle Fire Protection District and the Department of Planning Services . Prior to the issuance of building permits, the applicant shall provide evidence of approval by the Fire District to the Department of Planning Services. 5 . Within 75 days of the date of approval by the Board of County Commissioners , the applicant shall submit to the -Platte Valley Soil Conservation District and have approved an erosion control plan for the Use by Special Review site. Evidence of approval by the Soil Conservation District shall be provided to the Department of Planning Services. 860281 Page 3 RE: USR - TOA, AMERICAN GAS PRODUCTS The abova and foregoing Resolution was, on motion duly made and -seconded, adopted by the following vote on the 19th day of March, A.D. , 1-986 . BOARD OF COUNTY COMMISSIONERS ATTEST: 1eas�/ WELD COUNTY, COLORADO Weld County C%ni e n 4�rk -anti -Re-corder EXCUSED DATE OF SIGNING - AYE and Clerk to the Board Jacquel ' e a on, Chairman efiii!BY: e; Go d. Lacy, em Deputy Perk EXCUSED DATE OF GNING - AYE APPROVED AS TO FORM: Gene -R. Bran1ner C.V . Tir y County Attorney Fr k Yam g 8GO221 DEVELOPMENT STANDARDS TOA, American Gas Products USR 724: 86: 4 1 . The Use by Special Review permit is for a gas processing facility as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. 2 . The gas processing plant shall be engineer designed, and operated. During the construction phase, a professional engineering consultant shall be retained for inspection of the facility. Upon completion, the consultant shall certify by letter to the Department of Planning Services that the design, materials , construction , and operation of the facility comply with the engineer' s design. 3 . Any on-site septic system shall be designed by a Colorado registered professional engineer in accordance with Weld County Individual Sewage Disposal Regulations. 4 . The storage tanks shall be adequately bermed to ensure that the volume retained by the spillage term is greater than the volume of the largest tank inside the berm. 5. A fire hydrant meeting LaSalle -Fire Department specifications shall be placed near the acccss road no further than 500 feet from the entrance to the plant. The fire hydrant shall be capable of flowing one thousand gallons of water per minute at twenty pounds per square inch for at least one hour. The fire hydrant will be installed no longer than thirty days after construction begins within the area of the third filing of the Beebe Draw Farms and Equestrian Center lying east of Midland Road North and north of the east-west centerline of Section 4 , Township 3 North, Range 65 West of the 6th P.M. , or when water is available on Weld County Road 38 north of the plant site, whichever occurs first. 6 . A six foot chain link or masonry fence shall be erected on the north and east sides of the plant site and an eight foot wooden fence shall be erected on the south and west boundaries of the site. The wooden fence shall -be treated to be fire-retardant and shall be -maintained according to the manufacturer' s specifications. 860281 Page 2 DEVELOPMENT STANDARDS - TOA, AMERICAN GAS PRODUCTS 7 . Within thirty days from the date of approval by the Board of County Commissioners , the applicant shall provide a list of the maximum quantities of hazardous substances expected at the site and the names , addresses and phone numbers of personnel available for emergency contact to the State Health Department, Division of Waste Management; the Weld County Office of Emergency Management; and the LaSalle Fire Protection District. Evidence of this listing and emergency phone numbers shall be provided to the Department of Planning Services prior to the issuance of building permits. 8. The proposed access road from Weld County Road 38 to the plant site shall be no less than eighteen feet wide. 9. Prior to beginning the Use by Special Review activity, a metal sign shall be placed on the property indicating the name and telephone number of the person (s) to contact in the event of an emergency. 10. All construction done on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 11 . The property owner or operator shall be responsible for complying with the Design Standards of Section 24. 5 of the Weld County Zoning Ordinance. 12 . The property owner or operator shall be responsible for complying with the Operation Standards of Section 24 . 6 of the Weld County Zoning Ordinance. 13. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to insure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. 14 . The Use by Special Review area shall he limited to the plans shown herein and governed by the foregoing Standards and all applicable Wel-d County Regulations . Any material deviations from the plans or 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 Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 860281 Page 3 DEVELOPMENT STANDARDS - TOA, AMERICAN GAS PRODUCTS 15 . The property owner or operator shall be responsible for complying with all of the foregoing Standards. Noncompliance with any of the foregoing Standards may be reason for revocation of the Permit by the Board of County Commissioners . 16 . The owner/operator shall implement and maintain the soil erosion control and landscaping measures approved by the Platte Valley Soil Conservation District. 17 . Prior to beginning the Use by Special Review activity , the soil underlying all storage tanks shall be sealed with a liner determined to be suitable in preventing contamination of the soil, as recommended by the Platte Valley Soil Conservation District. 860281 �I - HEARING CERTIFICATION DOCKET NO. 86-15 RE: USE BY SPECIAL REVIEW FOR A GAS PROCESSING FACILITY - TOA, AMERICAN GAS PRODUCTS A public hearing was conducted on March 19, 1986, at 2:00 P.M. , with the following present: Commissioner Jacqueline Johnson, Chairman Commissioner Gordon E. Lacy, Pro-Tem Commissioner Gene Brantner Commissioner C.W. Kirby Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Debbie de Besche The following business was transacted: I hereby certify that pursuant to a notice dated February 24, 1986, and duly published February 27, 1986, in the Johnstown Breeze, a public hearing was conducted to consider the request of TOA, American Gas Products for a Use by Special Review for a gas processing facility. Lee Morrison, Assistant County Attorney, made this matter of record. Debbie de Besche, Planning Department representative, read the favorable recommendation of the Planning Commission, including four Conditions, into the record. She also stated that fifteen Development Standards were proposed by the Planning Commission and the Planning staff has prepared three additional Development Standards and one additional Condition. After reading proposed Condition 5 and Development Standards 16, 17 and 18 into the record, Ms. de Besche recommended that Development Standard 6 be amended to call for only chain link fencing. Kenneth Lind, Attorney representing the applicant, asked for clarification of the additional Condition and Development Standards. It was pointed out that proposed Development Standard 18 will replace present Development Standard 5. Mr. Lind also requested an amendment of this Development Standard. (Tape Change #86-19) Mr. Lind further requested changes in Conditions and Development Standards as follows: Development Standard 8 to retain the existing road, which is approximately eighteen feet wide, rather than requiring a twenty foot access road; Condition 3 to allow either 60 or 90 days to obtain an emissions permit, rather than 30 days; Condition 5 to allow 75 days to have the erosion control plan in service; and that Development Standard 6 allow a wooden fence on the south and west sides of the plant and a chain link or masonry fence on the north and east sides. Mr. Lind introduced John Carter, plant manager for TOA, and Jim Ferrero, of Tidewater Process Engineering, both of whom made short presentations regarding this proposal. Morris Burk, of Beebe Draw Land Company and Beebe Draw Cattle Company, stated that his companies have agreed to TOA's standards. He pointed out that their lease with TOA requires solid fencing on three sides, and he agreed to the proposed change in the required width for the access road. Gary Sandau, of the LaSalle Fire Department, spoke of their concerns about wooden fencing. He agreed that a wooden fence could be used if it is treated to be fire-retardant and maintained according to the manufacturer's specifications. Chairman Johnson reviewed the proposed changes to the Conditions and Development Standards: Development Standard 6 to call for a six-foot chain link or masonry fence on the north and east sides and an eight-foot wooden fence, treated to be fire-retardant and Page 2 CERTIFICATION - USE, TOA, AMERICAN GAS PRODUCTS maintained according to the manufacturer's specifications, on the south and west sides; Development Standard 8 to require that the access road be only eighteen feet wide; Development Standards 16 and 17 to be added as proposed by the Planning staff; Development Standard 18 to replace Development Standard 5, and be amended as requested by Mr. Lind; Condition 3 to allow 90 days to obtain an emissions permit; and Condition 5 to allow 75 days for the erosion control plan to be in service. Commissioner Lacy moved to amend the Development Standards and Conditions as outlined by Chairman Johnson. Commissioner Brantner seconded the motion and it carried unanimously. Commissioner Brantner moved to approve the Use by Special Review for TOA, American Gas Products, subject to the amended Conditions and Development Standards. Seconded by Commissionar Lacy, the motion carried unanimously. This Certification was approved on the 24th day of March, 1986. APPROVED: � BOARD OF COUNTY COMMISSIONERS ATTEST: (fin v� WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED DATE OF APPROVAL and Clerk to the Boar Jacqueli Jo n, C irman By: 722 Deputy unty Cl G rd cy, EXCUSED DATE OF AP ROVAL Gene R. Brantner- , C.W. K rby Erg Yamaguch TAPE #86-18 & #86-19 DOCKET #86-15 PL0028 860280 ATTENDANCE RECORD TODAY' S HEARINGS ARE AS FOLLOWS: MARCH 19, 1986 DOCKET #86-13 - AMEND USR, EXPANSION OF GAS PROCESSING FACILITY, VESSELS OIL & GAS CO. DOCKET #85-83 - SHOW CAUSE, VESSELS OIL & GAS COMPANY DOCKET #86-16 - USR, DOG AND CAT BOARDING KENNEL, EVERETT R. & CAROLYN J. SPEARS DOCKET #86-12 - COZ, A to C-4, JANET W. BETZ & LINDA BOTTERILL DOCKET #86-15 - USR, TAS PROCESSING FACILITY, TOA, AMERICAN GAS PRODUCTS PLEASE write or print legibly your-name, address and the DOC # (as listed above) or the applicants name of the hearing you are attending. NAME ADDRESS HEARING ATTENDING C y-eitik) O eta-5 1178, i,, .c. Ran. 4-- Lin t,uf�lo R6 l6 157,4t//27 vcsrA7 coC SCtcey f-( E-NuE2 4/gss,as (0,1C_ ( IKb--30 a,uA coo S. CWa.Qy dt &Vw ?on-I-- U15 ? V'ssaA D;l s Gs rf 3 EFFP/ y LE AV/ 9LZ- 7 ;T / 5 virs rzo, 4g,grtcc! ati fZ P, .V i� -7t.s c "t X22 7TIC, 5UiT 570 �nr� VE .-%rg.: i I QPt!ci 0e4 3-scS! Aiool'hetc ) ...4-r� re ��, rIP� c, ,.,r 47, (2 22- 7/i C�-� o .��-r� C,,-. H roc -i r G=, . --e------- /%_y5P,✓,/e Gds A- /O,.�/ 77n,,� X --..i tihi l 6(2 `Zfto 1-1 S -So C I'Sa-y —Sr,z CThgN'v7 6v CA U c-lJ-_R-;> F 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 Use by Special Review 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 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. 86-15 TOA, American Gas Products P.O. Box 430 Fort Lupton, Colorado 80621 DATE: March 12, 1986 TIME: 2:00 P.M. REQUEST: Use by Special Review - Gas processing facility LEGAL DESCRIPTION: Part of the NEI of Section 4, Township 3 North, Range 65 West of the 6th P.M. , Weld County, Colorado 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: February 24, 1986 PUBLISHED: February 27, 1986, in the Johnstown Breeze TFL coC c l� 1 Affidavit of Publication . 'that Notice STATE OF COLORADO) Pursuant to Ike zoning laws of the County of Weld) SS. State of Colorado smiths Weld County pining Ordinance, a mobile heating will be held lit the I Paul Ma a s e V of CNahlWrsalt,the Beard* Coomty -. Commissioners of Wald. C Mat Colorado,.MN Goun1Y Gftailis. said County of Weld being duly sworn,say I hat I Center,115 filth Street,Rirst floor. am publisher of Greeley, Colorado, at the time La Salle reader specified.All parsons in any Win- ner interested to the Use by Spa. that the same is a weekly newspaper of general dal Review are requested to attend circulation was printed and published in the and may lekbeard. town of should ths'applieant or any frig T. Sal 1 arested puiYtilsire ton presenCe of in said county and state: that the notice of adver- rS a rtNiatl,croup reperyrr te make tisement.of which the annexed is a true copy has son to l hJMehrgrglpl1.wh lion to tltdfappd the hkore w 'will been published in said weekly newspaper for be kept Miring tlearinar the Clerk to the Board's Office can n`7P $JitardEi?Q74% be cotaacted for a list of certified court reporters in the area. If a weeks: that the notice was published in the cowl �1wtA regular and entire issue of every number of said chit the' Beaiit'1S Di newspaper during the period and time of publics- lice shall advised in writing of such action at least live days tion of said notice and in the newspaper proper prior to the hearing• and not in a supplement thereof: that the first The test et mgyginga publication of said notice was contained in the court reporter shall be borne by the. requesting parte.. issue of said newspaper bearing the date, the BE IT ALSO KNOWN that the text 6 date*larch A.D.. 19 ph and maps so tertilled.bi the Weld County Plighting Commission may be examined in the office if the and the last publication thereof, in the issue of Clerk is the board of Caahly ., said newspaper,bearing date.the 6 day of County ce ffi a,located in Me 10th County CNAdmFlal Center,S1S lath March . 19P 6 that the said Wade.WThird Fleur, Greeley, Co. APPLICANT L3 Sall et Lender TOA,American Bas Products has been published continously and uninter- P.O.ilex ISOruptedly during the period of at least fifty-two Fort Capron,Coleradoa06S1 consecutive weeks next prior to the first issue DOCKET NO. 5415 thereof containing said notice or advertisement above referred to: and that said newspaper was DATE: March 12, Ma6 at the time of each of the publications of said TIME: 2:otl.P.M. notice duly qualified for that purpose within the meaning of an act entitled. "An Act Concerning REQUEST,.use by Special Review Legal Notices, Advertisements and Publications -Gas processing facility and the Fees of Printers and Publishers thereof, LEGAL'=SCR IPTIONt and to Repeal all Acts and Parts of Acts in Con- Ilia with the Provisions of this Act" approved Part of the NE'/e of Section. 4, Township 2 North,Range 6S Wert of April 7. 1921, and all amendments thereof, and the Nn P.M., Weld County, particularily as amended by an act approved. Colorado Uyynt�� March 30, 1923. and an ac[ a proved May 13. "" B� _ _-ONENS 19 - - ' PMAf�rl /y2 ��., WELD COUNTY;COLORADO TJ / Publisher CO TY CLERK FEUE OROER C� / ^t,.. AOUNTY CLERK i RECORBER. Subscribed and sworn to before me this li 4h, AND CLERK TO THE BO7:::: RD �� 6yf Mary RNN, tr,,,-1,i f r� - DMWLY day of I,I4JJ A.D., 19 ci 7i DATED: debruarg /.11;6 Published in the Lasater Leader La tl�-ifee March b 1506, ldfiblic 10q it LNotary v A rF .-'D AQ/.1 pp deoV My commission expires ill is l r�"t" NOTIca' AFFIDAVIT OF PUBLICATION Pursuant to the zoning laws of the State of Coloradµ;and the Weld County Zoning Ordinance, a public hearing wiru,Me held in THE JOHNSTOWN BREEZE the Chambers of the:Board of S'I'ATG Of COLORADO 1 County Commissioner* of Weld County, Colorado, MO,County r Ss Centennial Center, 5 -10th COUNTY OP WELD I Street, First Floor,--V Greeley, Colorado, at the time,,Specified. 1, Clyde Briggs, do solemnly sweat' Brat I All persons in any manner publisher of The Johnstown Breeze.Breeze.interested in the Useiby Special am Review arerequested',ao attend that the same is a weekly newspaper and maybe heard. ' - printed, in whole or in part, and published Should. the applicant or any in the County of Weld, State of Colorado. interested Party desire. the presence of a court reporter to and has a general circulation therein; that make a record of- the pro- ceedings,in addition to the taped said newspaper has been published record which will be kept during continuously and uninterruptedly in said the hearin , the Clerk to the . Board's Office can tie contacted County of Weld for a period of more than for a lief of court reporters in the area If a court reporter is fifty-two consecutive weeks prior to the obtained,the Clerk to the Board's itin first publication of the annexed legal ttotu c ofshall such ction at reas-in r five days or advertisement; that said newspaper has prior to the hearing. The cost of been admitted to the United States mails as engaging a court reporter shall be borne by the requesting party. second-class matter under the provisions if BE IT ALSO KNOWN that the the Act of March 3, 11179, or :in\ text and maps so certified by the amendments thereof, and that salt) Weld County Planning Com- mission may be examined in the newspaper is a weekly newspaper dulc office of the Clerk to the Board of County Commissioners, located qualified for publishing legal notices and in the Weld County Centennial advertisements within the meaning of the Center, 916 10th Street, Third Floor, Greeley, Colorado. laws of the State of Colorado. DOCKET NO. 86-15 That the annexed legal notice or advertise- APPLICANT merit was published in the regular and TOA, American Gas Products entire issue of every number of said weekly - Fort Lupton, Colorado newspaper for the period of / consecu- 80621 live insertions; and that the first publication of said notice was in the issun,nL • said newspaper dated 2-27 :1 D. g.6 and that the last publication of said notice was ill the issue of said newspaper dated A.D. 19 DATE: March 12, 1988 In witness whereof I have hereunto-- set set TIME: 2:00 P.M. my hand-this 2 .. day of/-E=b . "REQUEST: Use by Special A.I). i!l. €6 REGAL Gas DESCRIPTION: facility nof the LEGAL S coon , Part ip the North, of Section West bli t ie 3 North, Range 65 County, loNhe Publisher 6th P.M., Weld County, Colorado • BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO • Subscribed and sworn to before tile, a BY: MARY ANN Notary Public in arid for the a Illy Ui FEUERSTEIN -ry(� ' Wed, Slate of ColotraSl ylhis .v4. day of COUNTY E q,FR AND ee��1 p �� RECORDER A CLERK .L44GL.. A.1). 1J ?.. TO BOARD BY:'Mary Reilt Deputy .- DATED: ED: b 24+ V. PUBLISHED:Feba February 2T. 1986. ' ' in the Johnstown Breeze Not,rl'c I'ui,hc . My commission expires ,,.y Conmmisslon Expires June 14. 1987 2 So..th Parish :.venue ;,X,nstown, CO 80534 r' - -T DATE: February 24 , 1986 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 12th day of March, 1986 , at 2 : 00 P.M. Docket No. 86-15 - TOA, American Gas Products , USR-Gas processing facility OFFICE OF THE CLE TO THE BOARD BY: 04 Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 4Ineardf I I J _, ,- a Vlau/ _4 .v .. 5/ii. ;.(nisf Ste)✓eS,ki.i.pYY PHONE: 234-6336 _ March 13, 1986 0 0 c\iv.7 {I Ms. Gloria Dunn !,..AR 1. 1986 Department of Planning Services _ 915 10th Street Greeley, Colorado 80631 Weld CO. Planning Comm Ms. Dunn, The Board of Directors of the La Salle Fire Protection District have reviewed the resume of Mr. Ken Solcher and he was accepted as a fire safety expert to prepare a fire safety evaluation for the TOA American Gas Products, proposed 10‘‘6? facility. The Board of Directors then reviewed the evaluation of the proposed facility, as presented by Mr. Solcher, the evaluation was accepted with the foll��jng additions. loll ��;et� 11y A fire hydrant, meeting La Salle Fire Department specifications, af•21 AI A-0-4- U be placed near the access road no further than 500 feet from the k. r edi entrance to the plant. The fire hydrant will be installed no longer than 30 da s after c ction • within the area of the third �a� 10- filing of t eBeebe Draw Farms and Equestrian Center, or when water " ' I AV') is availiable on Weld County Road 38, whichever occurs first.:.- 0 h 2. A written release will be delivered to the La Salle Fire Department 13or� 1 prior to begining construction on the facility. Basically the release � P �yrJ k will state that TOA American Gas Products will not hold the La Salle ( ,'" Fire Protection District or La Salle Fire Department liable for 0i\x'1 cdamage or destruction of equipment on the plant site, if at the time tr p of the incident it is determined that any action by the Fire Department t '1 would jeopardize the lives of the firefighters. This is consistant �t,L.i' with the statement made to the Weld County Planning Commission by Mr. ' Jim Fererro, Tidewater, in which he said "The Company would rather /-\ lose the plant than lose a life." I'3. Concerning the fence which was discussed by the Weld County Planning '3Ik4\� C,/ Commission, the Uniform Fire Code, Article 79, Division VIII, Section 79.807, #6, addresses fencing of the area. The paragraph reads, Each loading rack or property upon which a loading rack is located shall be surrounded by a fence not less than 5 feet in height, constructed of wire mesh, solid metal sheathing or masonry. No person shall load or unload or permit the loading or unloading of a tank vehicle unless such vehicle is entirely within such enclosure. No person shall drive or permit the driving of any tank vehicle into or from the premises of a bulk plant except while traveling in a forward direction. We would therefore suggest that no wcnden- fence be placed around the „facility. We ask that the above recommendations be considered along with the fire safety evaluation prepared by Mr. Ken Solcher. Sincerely, 6./in 9 31 Gary Banditti, Fire Marshal <Ja 118 MAIN STREET P.O. BOX 414 LA SALLE, COLORADO 80645 N OTICE 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 Use by Special Review 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 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. 86-15 TOA, American Gas Products P.O. Box 430 Fort Lupton, Colorado 80621 DATE: March 12, 1986 TIME: 2:00 P.M. REQUEST: Use by Special Review - Gas processing facility LEGAL DESCRIPTION: Part of the NE} of Section 4, Township 3 North, Range 65 West of the 6th P.M. , Weld County, Colorado 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: February 24, 1986 PUBLISHED: February 27, 1986, in the Johnstown Breeze EXHIBIT C.. Cd LEASE AGREEMENT THIS AGREEMENT, made and entered into at Greeley, Colorado, this day of February, 1986, as of February 1, 1986, by and between BEEBE DRAW LAND COMPANY, LTD. and THE BEEBE DRAW CATTLE CO. , both being Colorado Limited Partnerships, Morris Burk, General Partner, (hereinafter "Lessor") ; and TOA AMERICAN GAS PRODUCTS and/or MACHII-ROSS PETROLEUM COMPANY, (hereinafter "Lessee") ; and The Lessor and Lessee, for and in consideration of the mutual covenants and agreements described hereinafter and valuable consideration also described hereinafter, covenant and agree as follows: SECTION I. LEASEHOLD AND DESCRIPTION Lessor hereby leases to Lessee, for the purposes hereinafter set forth, that portion of the real property situated and located within the County of Weld and State of Colorado which is described in the schedule attached hereto as Exhibit "A" and incorporated herein by this reference. As used herein, the term "property" or "premises" refers to the real property above-described in Exhibit "A" which is comprised of 2.185 acres, more or less, plus easements for ingress and egress to the subject premises frcm Weld County Road 38 across land owned by Lessor , all as more specifically shown on Exhibit "A". Addi- tionally, the Lease shall include an easement for gas lines to and from the plant across the lands of Lessor with the location of said lines to be determined. ��..''4014,441/4.1. 1 SECTION II. TERM OF LEASE The term of this Lease shall commence as of February 1, 1986 for a period of twenty (20) years, ending January 31, 2006, unless sooner terminated as hereinafter provided. Additionally, there shall be two (2) five-year (5) lease extension options also as hereinafter provided in Section XXI . However , it is agreed that this Lease shall terminate if Lessee is unable to obtain approval frcm Weld County for the Use by Special Review upon the premises. SECTION III. RENT Lessee shall pay to Lessor , in cash, rent at the rate of One Thousand Dollars ($1,000.00) for each twenty-four thousand (24,000) MCF of gas pro- cessed through the plant and delivered to Colorado Interstate Gas (or their successor). For purposes of measuring the volume of gas (MCF) all gas shall be measured at the residue gas metering station located on the premises. Lessee shall, not less than semi-annually, certify the accuracy of said metering device. Said rent shall be paid as follows: One Thousand Dollars ($1,000.00) per month, in advance, on the 5th day of each month, commencing February 5, 1986, until the month in which the plant commences operation and at that time the rental payment shall be Five Thousand Dollars ($5,000.00) per month which suns of money shall be due on the 5th day of each and every month thereafter during the term of this Lease. It is understood and agreed that Lessee shall provide to Lessor, not later than ten (10) days after the end of each month, production figures for the gas processed as defined hereinabove, and all rent paid shall then be adjusted based upon the rental to be paid of One Thousand Dollars ($1,000.00) for each twenty-four thousand (24,000) MCF of r gas processed and delivered with Lessee receiving credit for the monthly rental payments heretofore paid. It is further agreed that after the plant commences operating and subsequently ceases operation for any reason or processes less than 24,000 MCF (as defined in this Section III) in any month, then, in that event, the minimum monthly rental payment shall be One Thousand Dollars ($1,000.00) . It is further agreed that all books and records shall be made available to Lessor for inspection at reasonable times during normal business hours for review and reconciliation of volume of gas processed and delivered. All rental payments shall be payable at the address for notices as provided in this Lease at Section XX, or at such other place as the Lessor may specify in writing, from time to time. SECTION IV. PAYMENT OF TAXES Specifically and without in any way limiting the generality of the foregoing, Lessee shall pay all personal property taxes, assessments, levies, and/or charges, made by any political subdivision for improvements made upon the property as they shall become due and before they shall became delinquent, and as required by the act and proceedings under which any such tax, assess- ments, levies or charges are made by any political subdivision. If the right is given to pay any of the above in one sum or in installments, Lessee may elect either mode of payment, and its election shall be binding upon Lessor. All rebates on account of any such taxes, assessments, levies, or charges required to be paid, and paid by Lessee under the provisions hereof, shall belong to Lessee, and Lessor will, upon the request of Lessee, execute any receipts, assignments, or other documents that may be necessary in order to 3 w,w, .« secure the recovery of any such rebates, and Lessor will pay over to Lessee any such rebates that may be received by Lessor. It is understood and agreed that Lessor shall be responsible and liable for payment of all real property taxes as the sane are allocated to unimproved land, and that the taxes for the improvements are the responsibility of Lessee as described hereinabove. SECTION V. USE AND CONSTRUCTION OF IMPROVEMENTS The premises shall be used solely as a gas processing plant, and Lessee shall, at Lessee's sole expense, prepare all plans and specifications for construction of all improvements and further be responsible for securing and maintaining compliance with all federal, state and local regulations appli- cable to the construction and operation of such processing plant including those requirements set forth in the Memorandum attached hereto as Exhibit "B". Lessee shall have the right to make such alterations, improvements and changes to any structure or improvement upon the premises which may fran time to time be necessary, after having first obtained any required approval and permit from any federal, state or local goverrmental agency having jurisdiction. At such time as the Lease is terminated, Lessee shall remove all struc- tures, improvements, and other personal property that Lessee may move onto the premises from time to time. At the time of termination of the Lease, Lessee shall further restore the premises to their original condition for agricul- tural purposes at the sole expense of Lessee. SECTION VI. WARRANTY OF TITLE AND QUIET POSSESSION Lessor covenants and agrees with Lessee that so long as the Lessee keeps and performs all of the covenants and conditions by the Lessee to be kept and performed, the Lessee shall have quiet, undisturbed and continued possession of the premises, free from any claims against the Lessor and all persons claiming under, by or through the Lessor. SECTION VII. WASTE AND NUISANCE PROHIBITED During the term of this Lease, Lessee shall comply with all applicable federal, state and local governmental rules, regulations, statutes, operation standards and designs, standards now or hereinafter in effect with respect to the operation of the plant upon the premises including those set forth in Exhibit "B". Lessee shall not commit, or suffer to be committed upon the premises, any waste or any nuisance. SECTION VIII. LESSOR'S RIGHT OF ENTRY Lessee shall permit Lessor and the agents and employees of Lessor to enter into and upon the premises at all reasonable times for the purpose of examining the condition and use thereof, and inspecting the sane providing only that such right shall be exercised in such a manner as to not interfere with the Lessee in the conduct of Lessee's business on such premises. 5 SECTION IX. UTILITIES Lessee shall be responsible for acquiring or having provided to the premises all utilities necessary for operating the gas processing plant. Lessor shall have no obligation to provide any such utility; however, Lessor shall provide any and all access or easements that may be reasonably required for such utilities, provided the same do not unreasonably interfere with Lessor's farming operations. SECTION X. NO ENCUMBRANCE OF LESSEE'S LEASEHOLD INTEREST HEREIN Without Lessor 's prior written consent, Lessee shall not encumber by mortgage, deed of trust or other instrument or contract, whether recorded or unrecorded, its leasehold interest and estate in the premises, nor any buildings or improvements owned by Lessee and constructed upon the premises. SECTION XI. SUBLETTING AND ASSIGNMENT Lessee shall not assign this Lease or any interest herein, nor shall Lessee sublet the premises or any part thereof, nor assign any right, permit, privilege or authorization to operate the gas processing plant upon the premises, nor allow any person other than Lessee, its agents, and employees to occupy or to use the premises or any part thereof, without first obtaining Lessor's written consent thereto, which consent will not be unreasonably withheld. SECTION XII. REPAIRS AND DESTRUCTION OF IMPROVEMENTS WRING LEASE Lessee shall, throughout the term of this Lease, at its own cost and without any expense to Lessor, keep and maintain the premises, including all buildings and improvements of every kind which may be a part thereof, and all appurtenances thereto, in good condition and repair, and, except as specifi- cally provided herein, restore and rehabilitate any improvements of any kind which may be destroyed or damaged by fire, casualty or any other cause whatsoever. The damage, destruction or partial destruction of any building or other improvement which is a part of the premises, shall not release Lessee from any obligation hereunder except as hereinafter expressly provided. Without limiting any obligations of Lessee, it is agreed that the proceeds of any insurance covering such damage or destruction shall be made available to Lessee for such repair or replacement. SECTION XIII. INDEMNIFICATION OF LESSOR BY LESSEE Lessor shall not be liable for any loss, injury, death or damage to persons or to property which at any time may be suffered or sustained by Lessee or by any person who may be using, occupying or visiting the premises, or who may be in, on or about the same, whether such loss, injury, death or damage shall be caused by, or in any way result from, or arise out of any act, omission or negligence of Lessee, or of any occupant, subtenant, visitor, or user of any portion of the premises, or whether such loss, injury, death or damage shall result from or be caused by any other matter, and Lessee shall 7 indemnify Lessor against all lawsuits, claims, liabilities or claims for damages and attorney fees, on any account whatsoever. SECTION XIV. LIENS Lessee shall keep all of the premises and every part thereof and all buildings and other improvements at any time located upon the premises, free and clear of any and all mechanic's liens, materialmen's and any other liens from or arising or in connection with work or labor done, services and utilities supplied to the site, or materials used or furnished for or in connection with any of the operations of Lessee upon the site, unless a specific provision to the contrary authorizing in specific terms the creation of such lien or liens is agreed to in writing by Lessor . It is further agreed, however, that Lessee may contest any lien sought to be imposed against the premises or any improvements thereon, but only if Lessee shall first notify Lessor in writing of its intention to do so within twenty (20) days after the filing of any lien, and Lessee shall provide Lessor with a good and sufficient corporate surety bond in the amount of one hundred fifty percent (150%) of any such claimed lien, holding Lessor harmless and indemnifying Lessor from any costs, liability or damage arising out of such lien. Lessee shall not be in default hereunder until fifteen (15) days after the final determination of the validity of a lien thereof, within which time Lessee shall satisfy and shall discharge any such lien to the extent held valid. Lessor shall have a landlord's lien (security interest) in the equipment of Lessee on the premises as security for payment of all rent due hereunder. CEZ281. 8 SECTION XV. LESSEE TO MAINTAIN INSURANCE Lessee shall maintain throughout the term of this Lease personal liability insurance covering the premises and its appurtenances in the amount of One Million Dollars ($1,000,000.00) for injury to or death of any one person, and Three Million Dollars ($3,000,000.00) for injury to or death of any number of persons in one occurrence. Lessee shall maintain property damage liability insurance in the amount of Five Hundred Thousand Dollars ($500,000.00) . Such property damage insurance shall specifically insure Lessee against all liability assumed by it hereunder, as well as any liability imposed by law thereof, and shall insure both Lessor and Lessee, and any homeowner in the Beebe Draw Farms PUD who may be located within One Thousand (1,000) feet of the gas processing plant. All policies of insurance referred to in this section shall be written in form and substance satisfactory to Lessor by competent and adequate corporate insurance companies. Lessee shall pay all the premiums therefor, and shall deliver such policies or certificates thereof in form and substance satis- factory to lessor, and shall in the event of the failure of Lessee, either to effect such insurance in the names herein required, or to pay the premiums therefor , or to deliver such policies or certificates thereof to Lessor, Lessor shall be entitled to, but shall have no obligation to, effect such insurance and to pay the premiums therefor, which premiums shall be repayable to Lessor by Lessee with the next monthly installment of rent, and the failure by Lessee to repay the same shall be an event of default under this Lease. Lessee shall further be responsible for payment of any and all other types of insurance or compensation required by federal, state and/or local 9 ( y :,ti. governmental authorities such as, but not limited to, workmen's compensation and unemployment. SECTION XVI. GOVERNING AND CUMULATIVE REMEDIES All of the rights and remedies of the respective parties shall be governed by the provisions of this instrument and by the laws of the State of Colorado. All remedies herein conferred upon the Lessor shall be deemed to be cumulative and not exclusive of any other remedy herein conferred. No waiver of any default or breach by Lessee of any term or condition imposed upon Lessee by this Lease shall be deemed to be a waiver by Lessor of any subse- quent breach or waiver of any term or condition of this Lease. SECTION XVII. LESSEE'S OPTION TO TERMINATE Lessee shall have the right, by sixty (60) days advance written notice, to terminate this Lease and surrender its leasehold interest hereunder to Lessor, and on such effective date, subject to the obligations imposed on Lessee at time of termination, Lessee shall be released from all further liability hereunder and shall deliver possession of the premises to Lessor. SECTION XVIII. EMINENT DOMAIN In the event the entire premises shall be appropriated or taken under the power of eminent domain by any public or quasi-public authority, this Lease 10 shall terminate and expire as of the date of such taking, and Lessee shall thereupon be released from any liability thereafter accruing hereunder. In the event a portion of the premises shall be so appropriated or taken and the remainder of the property shall not be suitable for the use then being made of the property by Lessee, or if the remainder of the property is not one undivided parcel of property, Lessee shall have the right to terminate this Lease as of the date of such taking on giving to Lessor written notice of such termination within thirty (30) days after Lessor has notified Lessee in writing that the property has been so appropriated or taken. In the event of such partial taking and Lessee does not so terminate this Lease, then this Lease shall continue in full force and effect as to the part not taken, and the rental to be paid by Lessee during the remainder of the term will be reduced proportionately to the reduction in plant capacity or Lessor may provide a replacement site for the property taken so long as said replacement site is acceptable to Lessee. In the event of the termination of this Lease by reason of the total or partial taking of the premises by eminent domain, then in any such condem- nation proceedings Lessor and Lessee shall be free to make claim against the condemning or taking authority for the amount of any damage done to them, respectively, as a result thereof. In the event of a partial taking of the premises and this Lease is not terminated, then Lessee shall have the right to make claim against the condemning or taking authority for only the unamortized cost of the improve- ments placed on the premises by Lessee and located thereon at the time of the taking or appropriation. s iliv3! 11 SECTION XIX. DEFAULT AND TERMINATION OF LEASE If at any time a default shall be made by the Lessee in the payment of any of rent upon any day such rent becomes due and payable, or if the Lessee shall fail to perform any of the other covenants of this Lease by it to be kept and performed, then, in any of the such events, it shall be lawful for the Lessor to declare the lease term ended. Upon termination of the demised term, the Lessee shall surrender and deliver up the demised premises peaceably to the Lessor , immediately upon the termination of the demised term; and if the Lessee shall hold such premises, or any part thereof, one day after the same should be surrendered, according to the terms of this Lease, it shall be deemed guilty of forcible detainer of the premises under the statutes and shall be subject to eviction or removal, forcibly or otherwise, with or without process of law. Nothing herein shall be construed as authorizing the Lessor to declare this Lease in default, however, where the default consist in the nonpayment of rent, security, insurance, premiums, or taxes until such nonpayment, in violation of the terms of this Lease, shall have continued for thirty (30) days after the respective due dates for payment of such taxes, security, insurance premiums, and rent, and where the alleged default consists of some violation other than the nonpayment of rent, security, insurance premiums, or taxes, the Lessor may not declare this Lease in default until such violation shall have continued for thirty (30) days after the Lessor shall have given the Lessee written notice of such violations. All default and grace periods shall be deemed to run concurrently and not consecutively. CS;"62E 12 SECTION XX. NOTICES All notices, demands or other writings in this Lease provided to be given, made or sent, or which may be given, made or sent, by either party hereto to the other , shall be deemed to have been fully given, made or sent when made in writing and personally served upon the party to receive said notice or deposited in the United States Mail, certified postage prepaid, and addressed as follows: LESSOR: Beebe Draw Land Company, Ltd. c/o Morris Burk 1551 Larimer Street, #2706 Denver, CO 80202 And a copy to: John Houtchens, Esq. 1007 Ninth Avenue Greeley, CO 80631 LESSEE: Machii-Ross Petroleum Cunpany 3420 Ocean Park Blvd. , #3070 Santa Monica, CA 90405 And copies to: TOA American Gas Products P.O. Box 430 Ft. Lupton. CO 80621 Kenneth Lind, Esq. P.O. Box 326 Greeley, CO 80632 The address to which any notice, demand or other writing may be given, made or sent to any party as above provided may be changed by written notice given by such party as above provided. 13 SECTION XXI. OPTION TO RENEW Lessee shall have the option to renew this Lease for two (2) successive terms of five (5) years each. Each of such renewal terms shall be upon the sane terms, covenants and conditions hereof. Lessee, may at any time or times, exercise the renewal options in any single instance with respect to one or both of said renewal terms in consecutive order. Each exercise by Lessee of any renewal option or options shall be evidenced and effected by Lessee giving to Lessor not less than ninety (90) days prior to the expiration of the then current term, written notice of Lessee's election to renew this Lease for the renewal term or terms specified in the notice. SECTION XXII. MISCELLANEOUS In the event that Lessee shall be late, hindered in or prevented from the performance of any act required hereunder by reason of strikes, lockouts, inability to procure materials, failure of power, failure to act or default of the other party, labor trouble, weather or other reason beyond their control, then performance of such act shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. Time is of the essence herein. This Lease may be executed in counterparts , which counterparts shall constitute the agreement of the parties and shall be binding upon the Lessor and Lessee. 14 This Agreement shall be binding upon and inure to the benefit of the parties, their successors, heirs, personal representatives, and assigns. Exhibit "B" is a document that Lessee has furnished Lessor in return for its joinder in the Lessor's application for a Use by Special Review for this facility. This instrument contains the entire agreement between the parties as of this date and this Lease shall not be modified or amended except in a writing signed by the parties hereto. Only the Lessee shall have the right to take any deductions and/or credits on its tax returns with respect to such structures, improvements, alterations and the depreciation or cost recovery thereof. If the Lessee or Lessor consists of more than one person or entity, such persons or entities shall be jointly and severally liable on covenants of this Lease. This Lease or a memorandum thereof may be recorded by either Lessor or Lessee with the County Clerk and Recorder of Weld County, Colorado. IN WITNESS WHEREOF, the parties hereto have executed this Lease on the day and year first above written, as of February 1, 1986. LESSOR: BEEBE DRAW CATTLE CO. BEEBE DRAW LAND COMPANY, LTD. by: by: Morris Burk, General Partner Morris Burk, General Partner LESSEE: MACHII-ROSS PETROLEUM COMPANY TOA AMERICAN GAS PRODUCTS by .ti11A.W (i[ by: I2 Q P /� 15 �f�.� STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing Lease was acknowledged before me this day of February, 1986 by Morris Burk, General Partner, of Beebe Draw Cattle Co. and Beebe Draw Land Company, Ltd. WITNESS my hand and official seal. My Connission Expires: Notary Public STATE OF CALIFORNIA ) l ) ss. COUNTY OF S� l�t� ,C-��te ) t The foregoing instrument was ac�cnowled ed before me this 7 day of February, 1986 by )tc-L,LJTi,_. (L . / • , of Macii-Ross Petroleum Company. 7 WITNESS my hand and official seal. -CACIFORKIA My Cannission Expires: _(c / 11 (1 v C L.:Li—L.iv 14,1989 in ' pC _ b7C Notary Public STATE OF COCOI XW (?&L -ti �<,� ) ) ss. COUNTY OF WELD J`J tom ( i c C�� ) 0 The foregoing instrument was ackn wledged before me this „7.7 day of February, 1986 by h2k-.,.ct-cL (=c- , of TOA American Gas Products. 7 WITNESS my hand and official seal. My Conmission Expires: (-7,4),/ ,y / g `1 o�NIA , Notary Pu lic 7 ✓`J;ralC✓.... 16 II EXHIBIT "B" MEMORANDUM 1 . Lessee will provide adequate fencing and buffering including land- scaping for the purpose of screening public view of the plant . Landscaping should provide for approximately one-third of the trees to be evergreen and two-thirds of the trees to be deciduous or shrub. Said landscaping shall be in clusters or groups for a natural effect with the decidious trees to be between ten (10) and eighteen (18) feet in height (averaging twelve [ 12] to fourteen [14] feet in height) and two (2) to four (4) inches in diameter (averaging three [3] inches in diameter) . The evergreens are to be inter- spersed with the other trees for a naturalizing effect. The fence shall be a solid wood type construction approximately eight feet (8') high, to be located on the north, south and west sides of the plant, and shall also have a natural preservative wood oil stain. 2. Lessee shall provide to Lessor equipment specifications, and all noise levels shall be within all local, state and federal regulations. 3. Paint colors of all plant facilities and structures, including the fence, shall be approved by Lessor. 4. All identification and signs identifying the plant which may be visible to the general public must be approved by the Lessor, which approval will not be unreasonably withheld, taking into consideration all county and state regulations or requirements for identification. 5. Lessor and Lessee shall agree as to location, intensity and direction of both specific plant lighting and general security lighting. 6. It is further agreed that Lessee shall comply with all operating and development standards that may be promulgated by Weld County. ,Ca Salle lire Protection District PHONE: 284-6336 March 13, 1986 Ms. Gloria Dunn AR 1 1886 Department of Planning Services _ 915 10th Street Greeley, Colorado 80631 Weld Co. Planning C0InfISSIWI1 Ms. Dunn, The Board of Directors of the La Salle Fire Protection District have reviewed the resume of Mr, Ken Solcher and he was accepted as a fire safety expert to prepare a fire safety evaluation for the T0A American Gas Products, proposed facility. The Board of Directors then reviewed the evaluation of the proposed facility, as presented by Mr. Solcher, the evaluation was accepted with the following additions. 1. A fire hydrant, meeting La Salle Fire Department specifications, will be placed near the access road no further than 500 feet from the entrance to the plant. The fire hydrant will be installed no longer than 30 days after construction begins within the area of the third filing of the Beebe Draw Farms and Equestrian Center, or when water is availiable on Weld County Road 38, whichever occurs first. 2. A written release will be delivered to the La Salle Fire Department prior to begining construction on the facility. Basically the release will state that T0A American Gas Products will not hold the La Salle Fire Protection District or La Salle Fire Department liable for damage or destruction of equipment on the plant site, if at the time of the incident it is determined that any action by the Fire Department would jeopardize the lives of the firefighters. This is consistant with the statement made to the Weld County Planning Commission by Mr. Jim Fererro, Tidewater, in which he said "The Company would rather lose the plant than lose a life," 3. Concerning the fence which was discussed by the Weld County Planning Commission, the Uniform Fire Code, Article 79, Division VIII, Section 79.807, #6, addresses fencing of the area. The paragraph reads, Each loading rack or property upon which a loading rack is located shall be surrounded by a fence not less than 5 feet in height, constructed of wire mesh, solid metal sheathing or masonry. No person shall load or unload or permit the loading or unloading of a tank vehicle unless such vehicle is entirely within such enclosure. No person shall drive or permit the driving of any tank vehicle into or from the premises of a bulk plant except while traveling in a forward direction. We would therefore suggest that no wooden fence be placed around the facility. We ask that the above recommendations be considered along with the fire safety evaluation prepared by Mr, Ken Solcher, Sincerely l , , Gary Sandau, Fire Marshal ? s 118 MAIN STREET P.O. BOX 414 LA SALLE, COLORADO 80645 Lt-/r/R/7- Al T Tidewater Process Engineering ° 1-L12�' 4 � UR 1 1986 March 3 , 1986 Weld Ce. Planning a mdISSWh Mr. Gary Sandau LaSalle ?ire Protection District 118 Main Street LaSalle, Colorado 80645 Dear Mr. Sandau, This letter is intended to cover the fire safety and plant protection items considered in the design and operation of the plant Tidewater Process Engineering is currently contracted to build for T.O.A. in Weld County. For your information, I have attached a copy of my resume. Also enclosed is a copy of the area classification plot plan for the proposed plant. Tidewater Process Engineering is an experienced engineering, design and construction firm for the U.S. gas processing industry. In the last three years we have designed, fabricated and installed more than twenty-five gas processing facilities for customers such as Exxon, Shell, Conoco, Tenneco, Union Oil of California, Phillips, Texaco, Diamond Shamrock and Northern Natural Gas. The Uniform Fire Code and its appropriate referenced standards were used as a basis for the plant design especially NFPA #59-1984 "Standard for the Storage and Handling of Liquified Petroleum Gases at Utility Gas Plants". Although this plant is not a utility, we considered General Plant Safety, Process Safety, Ignition Risks, and Plant Fire Protection in all of our plant designs. The plant is designed for unattended operation. It is intended that operation and maintenance personnel will be on site for only a few hours each day; therefore, all the necessary safeguards are provided for safety, unattended operation and proper automatic shutdown in case of an equipment malfunction or process upset. A microprocessor monitors critical levels, pressures, temperatures and flows and it will not only shutdown the plant if conditions are not correct, but it will also automatically call an emergency number to notify personnel on call twenty-four hours per day seven days per week if the plant is not operating properly. In the event of power or instrument gas failure all safety valves are spring loaded to insure they fail in the proper open or closed position to insure equipment safety. itTidewater Process Engineering P.O. Box 19770 Houston, Texas 77224 U.S.A. Phone (713) 937-7607 + J s it ; / Telex 77-5004 L—X/f/1317 47 Page 2 LaSalle Fire Protection District March 3, 1986 The plant layout is designed to minimize damage and danger. The drainage is designed to contain any spills or fires in the area they occur. The total plant area is fenced and restricted to authorized personnel only. Signs will be posted to this effect and to prohibit smoking except inside the plant office. Adequate lighting is provided for security and additional lighting is available for safe working conditions if work at night is required. Vehicle traffic will be restricted inside to plant area to product transfer trucks and authorized personnel outside high risk areas. Equipment is located so that adequate separation is provided. Properly sized and located relief valves are provided. The plant is designed for relief into the residue gas line first to minimize releases of hydrocarbons to the atmosphere. The operators will have a certified repair and inspection company inspect these valves at least once every five years. No block valves are allowed before or after any relief valves to insure they can properly perform their function if required to do so. The product tank is equipped with all of the proper isolation, relief and excess flow valves including the proper protection for the hoses. Relief valves are equipped with seven foot stacks and rain caps. Special care is used to select the proper pipe, valves and fittings to insure adequate pressure and temperature rating. All piping systems are designed in accordance with ANSI 831.3 refinery piping codes. All bleeders, vents and drains are equipped with the proper caps or plugs to prevent leaks and avoid damage. Flame arrestors and state of the art controls are installed on the glycol regenerator. The operators have agreed to restrict portable tools and equipment used in the plant during operation to explosion proof or intrinsically safe items. The operators will develop and coordinate a plan with the LaSalle Fire Department to be used in case of a fire or other emergency so that procedures and responsibilities are clearly understood for shutdown, equipment use, notification of public authorities, first aid, etc. The operators will also fully train all plant personnel to respond to these emergencies. Page 3 LaSalle Fire Protection District March 3, 1986 A certified serviceman will be employed by the operators to service and inspect the fire-extinguishers available on the site. The operators have also agreed to provide a fire hydrant with the approval of the land owner within 500 feet of the plant entrance at the turn off to the plant when the water main is available in this area. Tidewater Process Engineering designs and builds plants to operate as safely as is technically feasible within practical limits. We are also confident that T.O.A. intends to operate and maintain this facility as safely as possible. Please let us know if you require any additional information. Very truly yours, TIDEWATE PROCE S ENGINEERING Ltt Ken Solcher Vice President and General Manager KS/pz Tidewater Process Engineering February 19, 1996 Mr. Gary Sandau Lasalle Fire Protection District 118 Main Street Lasalle, Colorado 80645 Dear Mr. Sandau : Tidewater Process Engineering is an experienced engineering, designing and construction firm for the U.S. gas processing industry. In the last three years we have designed, fabricated and installed more than twenty-five gas processing facilities. Many of the major oil companies in the U.S. have been our customers. Safety and fire prevention is our number one concern since many of these plants are leased and some are operated by our own personnel . All of our plants are monitored by a state of the art microprocessor to insure the safe and efficient operation of the plant. This emergency shutdown system (ESD) is automatically activated by any equipment malfunction. We have five emergency shutdown stations including one at each entrance to the plant. In the event of any emergency shutdown, the plant will automatically depressurize into the residue gas line. This will minimize the operation of the relief valves. In the unlikely event that a fire should occur, the plant is equipped with two 250 pound C02 wheeled extinguishers and three hand-carried C02 extinguishers. Plants of this size normally do not have plant fire water systems installed. Any direct fired equipment will be a minimum of fifty feet from any processing area. The plant layout was designed with the prevailing wind direction in mind. All pertinent codes such as NEPA, NEC, ASME, etc. were followed in detail . Attached is a copy of the electrical area classification drawing for the plant site. 2"1986 Tidewater Process Engineering Weld Ca. Manning Commission P.O. Box 19770 Houston, Texas 77224 U.S.A. Phone (713) 937-7607 r s t„ > : q Telex 77-5004 CEA.>As . . £h'/f/t3/T F 1 Page 2 February 19, 1986 Please call us at (713 ) 937-7607 if you require any additional information or clarification. Very truly yours, TIDEWATER PROCESS ENGINEERING 110-4421 Ken Solcher Vice President and General Manager KS/pz Enclosure cc: Ms. Gloria Dunn Department of Planning Services 91 5 10th Street Greeley, Colorado 80631 • S Zv 2 ill I_ Platte Valley Soil Conservation District _ fl , 60 South 27th Avenue - Brighton, CO 8060 2.4 4, el February 13, 1986 ~uri‘' 2 _1980 Weld ee. 7latUt*two's*. Ms. Gloria V. Dunn Weld County Colorado Department of Planning Services 915 10th Street Greeley, CO 80631 RE: USR-724:86:4 Dear Ms. Dunn: Soils are either loamy sands or sandy loams where the gas plant is pro- posed. These soils have amoderate limitation for local roads and streets due to low strength. These soils will erode easily when bare. Embank- ments constructed from these soils will seep and unless protected the banks will erode. A berm should be built around any facility where oil will be stored, loaded or unloaded. This soil should he sealed to reduce the possibility of contaminating the surrounding area. The report with this application stated the area would be landscaped, The landscaping should be expanded into an erosion control plan and spelled out in more detail . A second consideration should be given to the shelterbelt. What is its purpose? It was not spelled out in the write-up. Sincerely, Bob Warner, President Board of Supervisors BW/ljg P/east, C�ecK S pzc,ee for W, .."1 •6 ea /v/ay need to �Jro✓Idc. s )p/e.ne..-fa./ AV ate r 7"°r es 'fa6 /,.h, :, ul,-, d ar�-K W, nd bre4K Stiow/f 6G at JeaSf' /00 {ee-f' fro.ny .3 ruc/Ores o a (jut., c 2. TO Q / cJ be 7`f Pr -Aar Car ✓; ✓a/ aT 1-reeS Volta„ u,(0c, rr`e0S WD“ /d need S/7�l/e+..e fm/ tJe, 7`evtn ' //--' JS* i18:1. ExN/6// ^ CONSERVATION - DEVELOPMENT - SELF GOVERNMENT Summary of the Weld County Planning Commission February 18, 1986 Page 8 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. Don Johnson - yes; Lynn Brown - yes; Doug Graff - yes; Lydia Dunbar - yes; Louis Rademacher - yes; Ann Garrison - yes; Paulette Weaver - yes; Jack Holman - yes. Motion carried unanimously. The Chairman called a recess at 4:00 p.m. the Meeting was called to order at 4:07 p.m. by the chairman, Jack Holman. CASE NUMBER: USR-724:86:4 APPLICANT: TOA, American Gas Products REQUEST: Use by Special Review permit for a gas processing facility LEGAL DESCRIPTION: Part of the NEI , Section 4, T3N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 6 miles southeast of La Salle; south of Weld County Road 38 and east of Weld County Road 39. APPEARANCE: Ken Lind, Attorney, represented the applicant. This is an application for a gas processing plant. The area on which the gas plant will be placed is not irrigation cropland, therefore it will not interfere with the farming operation. The gas will go into existing lines in the area. They do not agree with the La Salle Fire Prevention District's recommendation for a fire hydrant. It would be very costly to run a water line and impossible to obtain the water pressure recommended. Also, water is the worst thing that could possibly be used on an oil or gas fire. John Carter, employee TOA, explained that the compression station is existing. the plant will comply with with state requirements. The noise level will below those required by the state. This plant is designed to process five million cubic feet of gas per day. An employee will be on site only in the daytime unless there were problems with the plant. The La Salle Fire Department recommendations regarding placement of equipment cannot be met because of fire and insurance regulations. Jim Farraro, Tidewater, explained the prevailing winds and plant location have been taken into consideration for noise control. Mufflers will be laid on their side and buried in sand. The plant will be painted and landscaped attractively to blend with the area. They are being cognizant of fire control and there would be wheeled chemical fire retardants at the plant. C,rer-r C)4 tj J'coatecs .A /rXH/kf/I I I % Summary of the Weld County Planning Commission February 18, 1986 Page 9 They would also rather have chain link fence on the east side only. They would like wooden fence on the other three sides because it will blend in better with the subdivision. This plant is designed to automatically shut its self down in the event of any failure. The Company would rather lose the plant than lose a life. Tape 234 - Side 1 They would also like to ask that the Engineering Department's request for a . twenty-four foot road be changed to twenty foot. This is a private road and they cannot not perceive the need for any two vehicles to be on the road at any one time. Morris Burke, property owner, reported this plant will only take care of Machii Ross wells. There are about fifty-five wells in the area, but Machii Ross only owns about twenty-four of these. MOTION: Paulette Weaver moved Development Standards #6 be amended to read as follows: 6. A six foot (6') chain link fence shall be erected on the east side of the plant site and an eight foot (8') wooden fence shall be erected on the south, west, and north boundaries of the site." Motion seconded by Lynn Brown. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the members of the Planning Commission for their decision. Motion carried unanimously. MOTION: Paulette Weaver moved Condition #5 be deleted. Motion seconded by Don Johnson. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the members of the Planning Commission for their decision. Motion carried unanimously. Leh..yel, 1.fiJ �. Y Summary of the Weld County Planning Commission February 18, 1986 Page 10 MOTION: Doug Graff moved Development Standard #8 be amended to read as follows: 8. "The proposed access road from Weld County Road 38 to the plant site shall be no less than twenty feet (20') wide." Motion seconded by Louis Rademacher. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the Planning Commission for their decision. Motion carried unanimously. Doug Graff moved Development Standard #5 be amended to read as follows: 5. "One fire hydrant 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, shall be located on the plant site. This shall be based upon a review by the La Salle Fire Protection District as to the need for a fire hydrant or an alternative acceptable to the Fire Department." Motion seconded by Paulette Weaver. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the members of the Planning Commission for their decision. Doug Graff, Lydia Dunbar, Ann Garrison, Paulette Weaver, and Jack Holman voted for the motion. Don Johnson, Lynn Brown, Louis Rademacher voted against the motion. Motion carried with five voting for the motion and three voting against the motion. The Chairman called for discussion from the members of the audience. There was none. The Chairman asked the applicants if they had reviewed the recommendations, conditions, and Development Standards as outlined by the Department of Planning Services staff and if they had any objections to the amendments made by the Planning Commission. They had no objections to anything. They felt any questions they may still have could be worked out with the referral entities prior to the Board of County Commissioner's meeting. Z.3UO &gmil. 1 r. Summary of the Weld County Planning Commission February 18, 1986 Page 11 The Chairman asked that reading of the recommendations, conditions, and Development Standards into the record be dispensed with and that they be filed with the summary as a permanent record of these proceedings. MOTION: Lynn Brown moved Case Number USR-724:86:4 for TOA, American Gas Products, for a Use by Special Review permit for a gas processing facility be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendations, conditions, and Development Standards as outlined by the Department of Planning Services staff and amended by the Planning Commission, and the testimony of the applicant. Motion seconded by Louis Rademacher. 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. Don Johnson - yes; Lynn Brown - yes; Doug Graff - yes; Lydia Dunbar - yes; Louis Rademacher - yes; Ann Garrison - yes; Paulette Weaver - yes; Jack Holman - yes. Motion carried unanimously. The meeting was ajdourned at 5:05 p.m. Respectfully submitted, OL4 s Qooa Bobbie Good \\ Secretary BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION -OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Paulette Weaver that the following resoultion be introduced for passage by the Weld County Planning Commission. Be it Resolved by the Weld County Planning Commission that the application for: y ", "" CASE NUMBER: USR-724:86:4 . ! { LEzo NAME: TOA, American Oas ProductsB 2 01986 -� ryrn_ l ADDRESS: P.O. Box 43-0, Ft. Lupton, CO 80621 - `"' REQUEST: Use by Special Review permit for a gas processing facility LEGAL DESCRIPTION: Pt. NE} of Section 4, T3N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 6 miles southeast of LaSalle, south of Weld County Road 38 and East of Weld County Road 39. be -recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance -with application requirements of Section 24.7 of the held County Zoning Ordinance. 2. It is the opinion of the Weld County Planning Commission that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the Weld County Comprehensive _Plan policies in that the use does not infringe on continued agricultural use in the vicinity or County. The proposal does not appear to have adverse impacts on agricultural interest; - The proposal is consistent with the intent of the Agricultural Zone District and is provided for as a Use by Special Review; - No overlay districts affect the site; and - Use by Special Review Development Standards will provide adequate protection of the -health, safety and welfare of the neighborhood and County. TOA, American Gas Products USR-724:86:4 Page 2 The Weld County Planning Commission's recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Use by Special Review permit be adopted and placed on the Use by Special Review flat prior to recording the plat. 2. The Use by Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Use by Special Review plat has been delivered to the Department of Planning Services' office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Within 30 days from the date of approval by the Board of County Commissioners, the applicant shall obtain the required emissions permit from the Air Pollution Control Division, Colorado Department of Health. Evidence of approval shall be delivered to the Department of Planning Services. 4. The fire safety properties of the design, operation and use of the proposed gas processing facility shall be inspected by a fire safety expert pursuant to Article 2, Section 2.301 of the Uniform Fire Code. A fire safety evaluation of the proposed facility prepared by the fire safety expert shall be submitted to the LaSalle Fire Protection District and the Department of Planning Services. Prior to the issuance of building permits, the applicant shall provide evidence of approval by the Fire District to the Department of Planning Services. Motion seconded by Lynn Brown VOTE: For Passage Against Passage Don Johnson Lynn Brown Doug Graff Lydia Dunbar Louis Rademacher Ann Garrison Paulette Weaver Jack Holman 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. FF� (, LbuFjti_mow. TOA, American Gas Products USR-724:86:4 Page 3 CERTIFICATION OF COPY I, Bobbie Good, 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 February 18, 1986 and recorded in Book No. X of the proceedings of the said Planning Commission. Dated the 18th day of February, 1986. tot-L.-IL- `�ood Bobbie Good Secretary r(�Sn'N-'l4/2�.A M1. DEVELOPMENT STANDARDS TOA, American Gas Products USR-724:86:4 1. The Use by Special Review permit is for a gas processing facility as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. The gas processing plant shall be engineer designed, and operated. During the construction phase, a professional engineering consultant shall be retained for inspection of the facility. Upon completion, the consultant shall certify by letter to the Department of Planning Services that the design, materials, construction, and operation of the facility comply with the engineer's design. 3. Any on-site septic system shall be designed by a Colorado registered professional engineer in accordance with Weld County Individual Sewage Disposal regulations. 4. The storage tanks shall be adequately bermed to ensure that the volume retained by the spillage berm is greater than the volume of the largest tank inside the berm. 5. One fire hydrant 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, shall be located on the plant site. This shall be based upon a review by the La Salle Fire Protection District as to the need for a fire hydrant or an alternative acceptable to the Fire Department. 6. A six foot (6') chain link fence shall be erected on the east side of the plant site and an eight foot (8') wooden fence shall be erected on the south, west and north boundaries of the site. 7. Within thirty (30) days from the date of approval by the Board of County Commissioners, the applicant shall provide a list of the maximum quantities of hazardous substances expected at the site and the names, addresses and phone numbers of personnel available for emergency contact to the State Health Department Division of Waste Management, the Weld County Office of Emergency Management and the LaSalle Fire Protection District. Evidence of this listing and emergency phone numbers shall be provided to the Department of Planning Services prior to the issuance of building permits. 8. The proposed access road from Weld County Road 38 to the plant site shall be no less than twenty (20) feet wide. 9. Prior to beginning the Use by Special Review activity, a metal sign shall be placed on the property indicating the name and telephone number of the person(s) to contact in the event of an emergency. Development Standards TOA, American Gas Products USR-724:86:4 Page 2 10. All Construction done on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 11. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 12. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 13. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to insure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 14. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Any material deviations from the plans or 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 Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 15. The property owner or operator shall be responsible for complying with all of the foregoing Standards. Noncompliance with any of the foregoing Standards may be reason for revocation of the Permit by the Board of County Commissioners. Cr) INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Case Number ()Lk 2/i Q , riV Submitted or Prepared Prior to Hearing At Hearing 1. Application „7 / Pages / 2. Application plat(s) p2 page(s) ✓ 3. DPS Referral Summary Sheet v 4. DPS Recommendation 5. DPS Surrounding Propery Owner Mailing List ✓ 6. DPS Mineral Owners Mailing List ✓ 7. 3 DPS Maps Prepared by Planning Technician 8. DPS Notice of Hearing ✓ 9. DPS Case Summary Sheet 10. DPS/ Field Check 1/� /1� / 11. a2-6 0 6 rna,nte l c ';^^ ri, � 4t-O( 1.7 D A /1 t/ 12. /—a,7 0 6 Yhs-,a or"Ca T>y+ + �att ✓/ 13. /—3D —n? rev .- e1 c. .— Cr-p..-t- 14 ' ✓. 15. cf- ai/....97,..24.((n_ ee Assn, ,ate s �rt ✓ ih 16.4 a +.� 1 r,„c11_,&74-s 61-64:a0 17. 18. 19. 20. I hereby certify that the / & items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further cerilfze that these l items werpw to the Clerk to the Board's office on Curren Planner STATE OF COLORADO ) COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS IS— DAY OF �� 19%6 , SEAL � \ e. rrr�� AP. PUBLI 4 aoo n NO ARY PUBLIC \ ,..C)(Hr/g/T /1 MY COMMISSION EXPIRFS � EXHIBIT INVENTORY CONTROL SHEET Case 4/7_7/7- 7294 .Z✓s.�c'�ixi Y'/'_C Exhibit Submitted By Exhibit Description ) B. -7K C. 0YYZZE-7271;,, me- `4 D. Zt'/4 W'/-U'67 % SIX-ey c-%I E. Y� jZ4 /L /e �/ F. ��-C/.�LLI. T/ECG'!-Ql iIi,'�f, Jr ?/,Y// 4 "As, . .f�I' ,a7.4wC G. •-t_t � fit /7 H. s ;. S �� I. ToA 4711X'j J. R. L. M. N. 0. C iJ'YSia/6_r.. Date: February 18, 1986 CASE NUMBER: USR-724:86:4 NAME: TOA, American Gas Products ADDRESS: P.O. Box 430, Ft. Lupton, CO 80621 REQUEST: Use by Special Review permit for a gas processing facility LEGAL DESCRIPTION: Pt. NE} of Section 4, T3N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 6 miles southeast of LaSalle, south of Weld County Read 38 and East of Weld County Road 39. THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the Weld County Comprehensive Plan policies in that the use does not infringe on continued agricultural use in the vicinity or County. The proposal does not appear to have adverse impacts on agricultural interest; - The proposal is consistent with the intent of the Agricultural Zone District and is provided for as a Use by Special Review; - No overlay districts affect the site; and - Use by Special Review Development Standards will provide adequate protection of the health, safety and welfare •f the neighborhood and County. The Department of Planning Services staff recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Use by Special Review permit be adopted and placed on the Use by Special Review plat prior to recording the plat. 2. The Use by Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Use by Special Review plat has been delivered to the Department of Planning Services' office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. � p('2 4 �W��,2 8_:i_ TOA, American Gas Products USR-724:86:4 Page 2 3. Within 30 days from the date of approval by the Beard of County Commissioners, the applicant shall obtain the required emissions permit from the Air Pollution Control Division, Colorado Department of Health. Evidence of approval shall be delivered to the Department •f Planning Services. 4. The fire safety properties of the design, operation and use of the proposed gas processing facility shall be inspected by a fire safety expert pursuant to Article 2, Section 2.301 of the Uniform Fire Code. A fire safety evaluation of the proposed facility prepared by the fire safety expert shall be submitted to the LaSalle Fire Protection District and the Department of Planning Services. Prior to the issuance of building permits, the applicant shall provide evidence of approval by the Fire District to the Department of Planning Services. 5. Prior to recording, the Use by Special Review permit plat shall be amended to show the relocation of the liquid petroleum gas storage tanks and the office, and the addition of a second fire hydrant, as recommended by the LaSalle Fire Protection District. CS 4:32 8 +8'1 DEVELOPMENT STANDARDS TOA, American Gas Products USR-724:86:4 1. The Use by Special Review permit is for a gas processing facility as submitted in the application materials en file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. The gas processing plant shall be engineer designed, and operated. During the construction phase, a professional engineering consultant shall be retained for inspection of the facility. Upon completion, the consultant shall certify by letter to the Department of Planning Services that the design, materials, construction, and operation of the facility comply with the engineer's design. 3. Any on-site septic system shall be designed by a Colorado registered professional engineer in accordance with Weld County Individual Sewage Disposal regulations. 4. The storage tanks shall be adequately bermed to ensure that the volume retained by the spillage berm is greater than the volume of the largest tank inside the berm. 5. Two fire hydrants, each 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, shall be located on the plant site. 6. A six foot (6') chain link fence with three (3) strand barbed wire top shall enclose the Use by Special Review area. 7. Within thirty (30) days from the date of approval by the Board of County Commissioners, the applicant shall provide a list of the maximum quantities of hazardous substances expected at the site and the names, addresses and phone numbers of personnel available for emergency contact to the State Health Department Division of Waste Management, the Weld County Office of Emergency Management and the LaSalle Fire Protection District. Evidence of this listing and emergency phone numbers shall be provided to the Department of Planning Services prior to the issuance of building permits. 8. The proposed access road from Weld County Road 38 to the plant site shall be no less that twenty-four (24) feet wide. 9. Prior to beginning the Use by Special Review activity, a metal sign shall be placed on the property indicating the name and telephone number of the person(s) to contact in the event of an emergency. 10. All Construction done on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. I T Development Standards TOA, American Gas Products USR-724:86:4 Page 2 11. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 12. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 13. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to insure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 14. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Any material deviations from the plans or 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 Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 15. The property owner or operator shall be responsible for complying with all of the foregoing Standards. Noncompliance with any of the foregoing Standards may be reason for revocation of the Permit by the Board of County Commissioners. I idewater Jompression , ; -, t.: i • o : ff,i I II > O i . r • • .,. R c , _ Li_r___________H. ' ( ! , 1 i f I HEADQUARTERS DENVER .SACRAMENTO SALT LAKE CITY FARMINGTON It 2494 Industrial Blvd. 425 South Cherry Street 2420 Grand Avenue 5282 South 320 West 114 No. Cochiti RO. Ban 2244 Suite 540 Sacramento.CA 95838 Suite D 100-3 Farmington. NM 87401 Grand Junction,CO 81502 Denver, Colorado 80222 916-927-1331 Salt Lake City. UT 84107 505-325-6402 303-245-5202 303-388-1816 801-263-8768 a ' E in i \,, �E P33 • i 1Jh trig I • 1 i iJ 1' fiil Ei 1- . [fIr II f it ii # .! # h: 6i ill 4411 lul lb ao°1/2N + I n I .?, 8 g 8 tit! 2 8 ry '1/21•,,°o „:: :aa I,a gal rtE xtS tt8 tag la x_= :a? 7 l , �''N N .4uo1d woq .OOL 'S1 iseo iyot.H C `'b •luold U404 ,00C ',SL uo47 mil tye;aH a6as d o ,� r n 8 8 S ,�{ t o 8 `d 4 h h C � to o, Mp, 2 $ 8 2 2 aaa 8 s 0 .uoiiotS uaa.ni.9 ASS wnwium taui� tort upw puo'flaio0H'wog ouipooi•oaty .� in "�.� �b it a 5oid 'anoH Jottaidwo]wool.005 no iou puo MCC iDal to pas 201 aq mown tu: zzS ysot 4 -0 c ° 0 8 0 3 0 8 8 $ $ $ 84 j E t. l°' � fita !saxta!lint! 8 8 8 8 8 a,: kaa. . 7 76 r,,y�` *48 A • t� a ltd. 8 8 8 8 8 %%it% I 8 1 § p„ 8 8 4 2 I 9' _8 8 rg g 8 g`_`_al 2 8 1I W o I8 8 8 S; l � . $ �18 8 :as 8 8 N ," 11 ill1 i � II 1- . 1111 .-a , y , . "d-r 10198E February 10, 1986 Ms. Gloria Dunn *Mu, Awing jpipID1SS1UU Department of Planning Services 915 10th Street Greeley, Colorado 80631 Ms. Dunn, I have reviewed the proposal presented on behalf of T0A American Gas Products , for the construction of s gas processing plant to be located Southwest of the intersection of Weld County -Roads 38 and 43. I have indicated some possibilities for changes in the location of the storage tanks and a possible location for a fire hydrant on the enclosed draw- ing. However I don' t profess to be in the gas plant design business so I am uncertain if the locations indicated will work for a plant of this type. Enclosed you will also find copies of recommendations taken from the Uniform Fire Code which must 3be followed. You will notice that paragraph (d) of Section 2.301 , gives us the right to ask for a technical opinion on the fire-safety properties of the plant which we want done. Additionally the fire hydrant located at the plant must be capable of flowing 1,000 gallons of water per minute at 20 pounds per square inch for at least one hour. Thank you for the opportunity to comment on this proposal. -If you have any questions please call me at 284-6336. Sincerely, //JJ 4444C-Garndau, fire Marshal 118 MAIN STREET P.9. BOX 414 LA-SALLE. COLORADO 80645 C;DtbArl.i_:.. vO . I 1 I f 59-22 LIQUEFIED PETROLEUM GASES-AT UTILITY GAS PLANTS ? Chapters Fire Protection, Safety and Y _plant emergency equipment shallbe trained in the use of that equipment. Refresher training shall be conducted at ( least on an annual basis. 8-1 General. i 8-1.1 Tire Protection shall-be-provided for all utility gas -8-1.5 The planning of effective fire control measures plants. The extent of such protection shall be-determined shall be coordinated with the authority having jurisdic- by an evaluation based upon the type (refrigerated or tion and local emergency handling agencies, such as fire nonrefrigerated), quantity, and size of storage -con- and police departments, who are expected to respond to tainers; an analysisnf local conditions; hazards within the such emergencies.' ' facility; and exposure to and from other property. T-he -evaluation shall consider,as a minimum: 8-1.6 Gas fires shall normally not be extinguished until (a) The type, quantity and location of equipment-nec- the source of the burning gas has been shut off. essary for the detection and control of fires, leaks and spills of L-P-Gas. Flammable refrigerants, or flammable 8-2 Ignition Source Control. gases. 8-2.1 Control of ignition sources shall comply-withSec- (b) the type, quantity, and location of equipment tion 1-9. necessary for the detection and control of potential non- _process and electrical fires. 8-3 Fireandl.eak Detection. (c) The methods necessary for protection of the equip- 8-3.1 Those areas, including enclosed buildings, which ment and structures from the effects of fire exposure. have a potential for flammable gas concentrations and (d) Tire protection water systems. fire shall be monitored as appropriate. (e) Fire extinguishing and other fire control equip- 8-3.2 Continuously monitored flammablegas detection ment. systems shall sound an alarm-at the plant site and at a (f) Automatic shutdown equipment, including the constantly attended location if the plant site is not con- type and location of sensors to initiate -manual or tinuously-manned. Flammable gas detection systems shall automatic operation. sound this alarm at not more than 25 percent of the lower (g) The availabilityand duties of individual plant per- flammable limit of the gas or vapor-being monitored. sonnel and the availability of external response personnel duringan emergency. 8-3.3 Tire detectors shall sound an alarm at the_plant • (h) The protective equipment and special training site and at a constantly attended location if the plant site needed by the individual plant personnel for their respec- is not continually manned. tive emergency-duties. ` -8-3.4 Detection systems, when used, shall be designed, stalled, and maintained in accordance with the follow- facilities covered-by this standard_precludes the inclusion [ng NFPA standards,as applicable: of detailed fire protection _provisions completely ap- (a) NFPA 72A, L-ocal Protective Signaling Systems. plicable to all facilities. (b) NFPA 72B, Auxiliary Protective Signaling • Systems. -8-1.3 -A detailed emergency procedure manual shall be _prepared to cover the potential emergency conditions (c) NFPA 72C, Remote Station Protective Signaling which may develop whether or not a fire has occurred. Systems. Such procedures shall include but not necessarily be (d) NFPA 72D, Proprietary Protective Signaling ' limited to the following: Systems. (a) shutdown or isolation of various portions of the (e) NFPA72E, Automatic Fire Detectors. " - equipment and other applicable steps to ensure that the (f) NFPA 1221, Public Fire Service Communications. ,fir..: escape ofgas or liquid is promptly cutoff or reducedas - muchas possible, - 8-4 Container Protection. (b) use of fire protection facilities, 8-4.1 Nonrefrigerated storage-containers shall be con- sK (c) notification of public authorities, sidered as adequately protected against fire_exposure if ,9„ (d) first aid, and they are buried_or mounded in accordance with 2-5.3 or2 It (e) duties of_personnel. insulated in accordance with 2-5.2.6. 8-1.3.1 The emergency_procedure manual shall be kept 8-5 5ire Protection Water-Systems. • �- ac readily available in the operating control room or at a 8-5.1 A water supply and a system for distributing and ;z constantly attended location if the plant site is not con- applying water shall be provided for protection of ex- - ;. tinually manned. It shall be updated as required by posures; cooling containers, equipment, and piping; and changes in equipment or procedures. 8-1.4 All personnel shall be trained in their respective . duties contained in the emer enC manual.-Thoseper- 'The National Fire Protection-Association.National LP-Gas Assona- B Y tion,American Gas Association and American Petroleum Institute can sonnel responsible for the use of fire protection or other furnish material useful in the planning of emergency procedures. ^. . I I i a La Salle lire Protection District PHONE: 284-6336 UNIFORM FIRE CODE ARTICLE 2 ORGANIZATION, AUTHORITY, DUTIES AND PROCEDURES Division I ORGANIZATION AND AUTHORITY Section 2.301 Altermate 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 analyze the fire-safety properties of the design, operation or use of the building or premises and the facilities and appurtenances situated thereon, and prescribe the necessary recommended changes . 1 1B MAIN STREET P.O.BOX-414 LA SALLE, COLORADO 80645 LAND-USE APPLICATION SUMMARY SHEET Date: February 11, 198b CASE NUMBER: USR-724:86:4 NAME: TOA, American Gas Products ADDRESS P.O. Box 430, Ft. Lupton, CO 8D621 -REQUEST: Use by Special Review Permit for a gas processing plant. LEGAL DESCRIPTION: Pt. NE} of Section 4, T3N, -R65W of the 5th P.M. , Weld County, Colorado. LOCATION: Approximately -6 mills southeast of LaSalle, south of Weld County Road 38 and east of -Weld County Road 39. SIZE -OF PARCEL: 2.165 acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this request is listed in Section -211.3 of the Weld County Zoning Ordinance. The Department of Planning Services has not yet received referrals from the -LaSalle Firs Protection District, Platte Valley Irrigation Company, Platte Valley Soil Conservation District and the Colorado Oil and Gas Commission. Recommendations from the Bounty -Health Department, Office of Emergency Management and County Engineering Department are attached for x-eview. The Department of Planning Services has received no objections from surrounding property owners. fi�n `r 2s4 i,�3 e:Ji�E4.'t.r.:. ( ( DEPARTMENT OF PLANNING SERVICES PHONE (303)3564000 EXT.404 915 10TH STREET GREELEY,COLORADO 80631 f 4 O, t R COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on February 18, 1986 at 1:30 p.m. to review a request for approval of a Use by Special Review permit for a gas processing facility from TOA, American Gas Products on a parcel of land described as Pt. NE} -of Secti no 4, T3N, R65W of the 6th P.M. , Weld County, Colorado, containing 2.165 acres, more or less. The public hearing to be held by the Weld County Planning Commission for the consideration of the -above referenced request will be conducted in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 915 Tenth Street, Room 342, Greeley, Colorado 80631, before the above date or presented at the public hearing on February 18, 1986. Copies of the _application are available for public inspection in the Department of Planning Services, Room 342, Weld -County Centennial Center, 915 Tenth Street, Greeley, Colorado, - Phone - 356-4-000, Extension 4400. Jack Holman, Chairman Weld County Planning Commission To be published in the Johnstown Breeze To be published one (1) J / time by January 30, 1986. Received by: Lt ( (/ ,LA 2 ) Date: i/ -7/6 i 860281 FIELD CHECK FILING NUMBER: USR-724:86:4 DATE OF INSPECTION: tj — / e NAME: TOA, American Gas Products REQUEST: A Use by Special Review permit for a gas processing facility LEGAL DESCRIPTION: Part of the NE/, Section 4, T3N, R65W of the 6th P.M. , Weld County LAND USE: N Vatic,—/7 E ��`" ✓ -- S ZONING: N LOCATION: Approximately 6 miles southeast E of La Salle; south of Weld County Road 38 S � and east of Weld County Road 39 COMMENTS: FIELD CHECK FILING NUMBER: USR-724:86:4 DATE OF INSPECTION: February 7, 1986 NAME: TOA, American Gas Products REQUEST: Use by Special Review permit for a gas processing facility. LEGAL DESCRIPTION: Pt. NE} of Section 4, T3N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 6 miles southeast of LaSalle, south of Weld County Road 38 and east of Weld County Road 39. LAND USE: N Weld County Road 38, farmland E Farmland S Farmland W Farmland ZONING: N Agricultural E Agricultural S Agricultural W Agricultural COMMENTS: Access to the 2.165 acre site is from Weld County Road 38, a dirt road. Oil and gas facilities are numerous directly east of the existing access road into the property. The ground appears level at the proposed facility's location; there is a rise to the south. -An approved Planned Unit Development (Beebe Draw) will be developed directly south and west of this site. One residence is presently located approximately 1/4 mile of the subject property. By: Gloria . Dunn Curre Planner CSG'ZSl r _ • •J h� IIi *-E. v /11 Rom z 4 i ProN 4�f] 0.• ? 7�' III Y�. \ j~ • i 4 l 27 / `, ' . x.9Y.rIY•p Mrr co { J w 1,-"l • �. I • •illl T Y €,e,,R 4fli2..EVAN&e:• �I .l Fh• �• •I. 26 : 4 iN ) . rse• 30 I \34 ry �✓ / n cC,. t c P v .�� Lines.„::N � �..� •� Nort //�(r •5�1 . .L C�• 'l•l- vc5,.' d r GNre .•„�<: .O.tea/,', " X96 -vroy°--�'7�;Nr`° . �'� ,4, 3 _ A °p • ' • /{� y x N • l f ,pi 44'. " ? JtY ( • G• bGalaaaatJ �•• l • • ..• • .• I N 4.401] • \ • 1-T3. 500,3 • °i OI'�+�9 y+W�9a.• ! N/'•/'l(lY va.. .4 .Jlll • • a. '� •• (. • I • • •G .Q i E3' i �r M% ' 9G ..• •ev °� 4°3 •• • •• e errr _ ant. P. / Once ° • o oirms G svP• -RGa-T I _ 1• .•— ;� x. xe � n � z. tiit 4 T f ® .v Cca s ... z.• • •• • s 6 J,1• xr ° »�C� xl A 4L G :a •.: Cf: w.+45.6 . I :•7-} '° ceL'3 • 1f� C ,� •� ..--. — • 1tl w �\ F a ry • 1 , C C! -.ivy „ (((111 .F 'z ��'�• °1 �f . L.-„:::, , i 1 , r Qi r y L. Ml \.4� 1 (I' Ir e � � �i j pH r II � I Rea.'• ?' �••1!` x� ti II I. p/ l• n . r . 1, pfl • i. wil Il •FN�L A ,l r. = I i 23 _.U.- x4 • xo x f] • r] • =I 1-3 s I.1•r "� G ll x> w a v x. x, • n \_./i" n JJ se 3I 32 „ r 4: 1 4 • kr •\ / G • x•. . . . •-1 �1 ;° "� G /// b• s, ,. •.ism I ,. a » z. N zo 21 zz x] 1 ° . =o =, • ' C G 7- • 'T N., © •RISTOCNNT °• rt.NONEtt(_ P a • _ 4`; f rrr�... • r _, _` CO-31-1-1 YYY., •_. `'• p'1rr\F^xr, .i, A ,�• \50 i•�� 1 -, r•.'..T7."..: v,r --/ •. �� 2\ c o O 1. ,� �\ m , • 9, I i \l1 AJ m Q ; m m ! of o r I r'O 0 O o r.--.O, .. � I I �r� eo v / o 'y. 0 I 1 ,y • '.."1"1"r' " �o 0 CO `4 'rte a _ i��. ° iG �v � � V• °n 8 v o 4823X 9� o r, A� N---___-- .., \, QB '10 m ,95o nt•Q / N i _ _ M 7 LT O N Imoo _ _. '.� i' I it qn° - d' 1-- R E S E f VOIR 1 16 i 1� 6J `soo • wina r�d� --- (� . J •p° T I o m o II BM - 1 - t `a t l A Yt .'St' i.r � yolk ..,( .�.� skt �i ,a j! - ». "d•}rig' "S 0 $4$\. . ca. ��, = a t {.tit \\ i r = q'. _ 't + ,-. rx'' * `. iiIiNFS 'ct��,t�i' , �,rt r=4-?.'s ' is N —,. j1 Pisa r.; '"`# ,::72±..N... `l?!'. ,, \ ill“- Llafib' tmaro rm..... C • / if H T ` 1 P 1,: S' •w,,y ryi� * 1> i yG 1 „,„-, V �t � f • f . i { f# C g f {_ \seam. -14 f tivi ,..-I _ 4rF iir y A�G T •tf*Y it { � rod to yY rK* Y t sA f. : ti • . ' - , s j •j • k ` s * Yd i` v :' £" ns ',,pia ^ .k 4 w� ` C REFERRAL LIST APPLICANT: TOA, American Gas Products CASE NUMBER: USR-724:86:4 SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY: February 10, 1986 NO SR NR NO SR NR County Attorney X Platte Valley Irrigation Company X X Weld County Health Dept. c/o Delbert Shable 19524 Weld County Road 44 X X Engineering Department LaSalle, Co 80645 County Extension Agent X Platte Valley Soil Conservation District Office of Emergency Mngmt 60 S. 27th Avenue Brighton, CO 80601 _ State Engineer Division of Water Resources X X Louis Rademacher 1313 Sherman St. , Room 818 Weld County Planning Comm. Denver, CO 80203 13184 Weld County Road 13 Longmont, CO 80501 State Highway Department 1420 2nd Street X Colorado Dept. of Natural Greeley, CO 80631 Resources 041 and Gas Commission _ Colorado Department of Health 1113 Sherman Street Water Quality Control Division Denver, C0 80203 4210 East 11th Avenue Denver, CO 80220 _ X .X. 0\E ►'�1 City of Greeley Planning Department 919 7th Street Greeley, CO 80631 Tri Area Planning Commission P.O. Box 363 Frederick, CO 80530 X LaSalle Fire Protection District c/o Gary Sandau P.O. Box 414 LaSalle, CO 80645 NO=No Objection SR=Specific Recommendations NR=No Response 0UU , 46ti-0 inErnoRAnDum 19 , agm ) linkTo Weld County Planning Date Februuaryy66_ 1986 COLORADO From Health Protection Services Un Subject: Case Number: USR-724:86:4 American Gas Products We have no problems with this being approved as long as the following requirements are met: 1. Required Emissions Permit is obtained from the Air Pollution Control Division, Colorado Department of Health. 2. Any septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. 3. The volume retained by the spillage berm should be greater than the volume of the largest tank inside the berm. If this is done, we would not have any problem with this proposal. HPS/bks o; 1980 U -- __ _ Weld Co. Piaionng CR0WS:NO 1 E cRA ®um To Gloria V. Dunn. Planning Department January 28, 1986 COLORADO F.on, Lea Ekman, Office of Emergency ManaQemento-✓ Subject: USR-724:86:4 In response to the request for comments on the Use by Special Review of the TOA American Gas Products application, this office finds no conflicts. However, in accordance with Senate Bill 172, 29-22-107 (2) (a) which requires the reporting of quantities of hazardous materials, this office is requesting the names, addresses and phone numbers of personnel to be available for emergency contact to be sent to this office as well as the Colorado Department of Health Waste Management Division and the LaSalle Fire Department. In addition the maximum quantity of material to be stored must be reported to the above agencies. If you have any questions, please contact me at 356-400, ext. 4250. o (R5-141T ll�tJ 2a 1986 Weld Co.fl ir%Commission 0%2B1 d fri Gloria Dunn To Current PlannerDee January 30, 1986 COLORADO From Donald R. Carroll , Administrative Manager - Engineering Department TOA - American Gas Products - USR - 724:86:4 Subject: Typical Section: Proposed access road to be a minimum of 24 feet wide, 2 - 12 feet drive lanes , so two tanker trucks can drive safely. DRC/bf C C MAILING LIST TOA, American Gas Products USR-724:86:4 Farmer's Reservoir & Irrigation Company 80 South 27th Avenue Brighton, Colorado 80601 Beebe Draw Cattle Company and Beebe Draw Land Co. , Ltd. 1551 Larimer Street - #2706 Denver, Colorado 80202 Carl A. and Virginia M. Jepsen 20121 Weld County road 42 La Salle, Colorado 80645 Heirs of Don Moser Route 1, Box 151 La Salle, Colorado 80645 Jerrold J. and Anna E. Wardel 18253 Weld County Road 32 Platteville, Colorado 80651 William W. and Patricia A. Ray 17367 Weld County Road 46 La Salle, Colorado 80645 Central Weld County Water District 105 East 18th Street Greeley, Colorado 80631 Clyde A. and Marjorie V. Marshall 18494 Weld County Road 39 La Salle, Colorado 80645 Maynard G. and Marilyn A. Ludwig 17978 Weld County Road 39 Platteville, Colorado 80651 Beebe Draw Gun Club P.O. Box 310 Greeley, Colorado 80632 MINERAL OWNERS TOA, American Gas Products USR-724:86:4 Aristocrat Angus Ranch Route 2 Box 76-A Platteville, Colorado 80651 Upland Industries Corporation 110 North 14th Street #1000 Omaha, Nebraska 68102 Amoco Production Company Attention: Pam Staley 1671 Broadway Denver, Colorado 80201 Vessels Oil and Gas Company 600 South Cherry #1220 Denver, Colorado 80202 Machi-Ross Petroleum Company Suite 3070 4320 Ocean Park Blvd. Santa Monica, California 80405 06031 11 LIND & OTTENHOFF ATTORNEYS AT LAW THE LAW BUILDING 1011 ELEVENTH AVENUE P.O.BOX 326 GREELEY, COLORADO 80632 GEORGE H.OTTENHOFF KENNETH F.UND TELEPHONE (303)3512323 January 17, 1986 Weld County Department of Planning Services 915 Tenth Street- Greeley, CO 80631 Re: Use By Special Review Application Ladies and Gentlemen: Attached with this letter are application requirements and documents for a Use by Special Review. This application is presented on behalf of TOA American Gas Products which should be considered as the applicant, operator of the gas processing plant and lessee of the property upon which the processing plant will be located. This application is presented in cooperation with the owner of the surface estate being Bebee Draw Land Company, Ltd. , c/o Morris Burk. This facility is to be located inmediately east and north of the Bebee Draw Land Company, Ltd. planned unit development which has recently been approved by your office and the Board of County Commissioners. The uses for the Debee Draw PUD were R-1, R-3, recreation and oil and gas production. The proposed location of this gas processing plant is outside of the PUD and is located on land currently zoned agricultural which is used for agricultural purposes including crop production and grazing and this land also has extensive oil and gas production facilities. The purpose of this gas processing plant is to process gas produced from the wells in the immediate vicinity to remove the liquid hydrocarbons and produce "dry" gas which can then be delivered into gas lines in the area for delivery to non-local gas customers. The construction of this processing plant has become necessary due to pipeline use problems making it advantageous to remove the liquid hydrocarbons and to produce the "dry" gas which can be directly pumped into existing gas lines. The purpose of this letter and application is to request your approval of a Use by Special Review for the gas processing plant as outlined in the submitted plans and maps. The plans and maps show the location of the gas processing plant in relation to the Bebee Draw Farms and Equestrian Center PUD. At the present time there are no residential structures located within 2,000 feet of the proposed gas processing plant in any direction. However, it should be mentioned that when the proposed third filing of the Bebee Draw's PUD is approved and construction commenced, there may be residential FT _ Weld County Department of Planning Services January 17, 1986 Page 2 structures within 650 feet to the south. The proposed PUD does not have plans for any residential structures to the immediate north, west or east. Existing land uses surrounding this proposed facility include agricultural, grazing, oil and gas production and recreational uses as well as proposed additional recreational and residential uses as approved in the PUD plan. Oil and gas production is a current use and will be further developed upon the entire parcel as well as in the adjoining PUD in the future. The basic component of this Machi-Ross Petroleum and IDA oil and gas production facility is taking the gas from the wells and delivering the same through gas lines and that will result in this gas being more marketable because of the processing plant. Based upon the plans and location of the facility in existing and proposed land uses, this plant will be compliance with the Weld County Comprehensive Plan. It should be further mentioned that the proposed site does not remove from agricultural production very much land, in fact, this site is designed to be compatible with an existing pivot sprinkler system and the loss of any irrigated agricultural land is minimal. The facility will have no requirement for water or sewage disposal, the only utility service for the proposed use will be electrical service. The processing plant does not use any unusual or abnormal facility electrical load and there will be no problem for the use. A soil survey was also previously provided at the original planned unit development approval stage and this facility does not require any type of extra soil structure or specific soil suitability. The engineers which have inspected the site have determined that this site is completely acceptable for the gas processing plant as the plant does not require any unusual load or stress factors. It is not believed that there are any sand or gravel deposits beneath the proposed facility and all other mineral resources (oil and gas), can utilize this plant to enhance commercial extraction and benefit. Additionally, the site does not lay within any overlay district. The proposed gas processing plant will be located approximately 1 ,280 feet south of Weld County Road 38 and will be accessed by an existing field road which is currently used for oil and gas production facilities as well as for agricultural purposes. This farm road will be modified, upgraded and maintained to handle additional traffic. Some additional road construction will be necessary on the land for access to the processing plant off of the existing farm road. All ingress and egress to the facility will not go through any residential area and it is estimated that there will be not more than 2 tanker trucks per day removing liquid hydrocarbons from the facility when the facility is at full production. Therefore, the traffic impact is minimal and will have no interference with any of the residential or recreational uses of the property. In fact, it can be stated that if the gas processing plant is not located at this location there will be increased truck traffic within the residential areas of the adjoining PUD to remove hydrocarbons from actual well site facilities. This facility will not have any waste or storage areas, there are no water retention facilities required and there will be no debris, junk or other waste associated with the property use. �... ••••?..,1/4 Weld County Department of Planning Services January 17, 1986 Page 3 Due to the type of facility and design, fire protection needs will be minimal and will be provided by the LaSalle Fire District. The operator of the Plant, TOA American Gas Products of 8341 Weld County Road 19, P.O. Box 430, Fort Lupton, Colorado 80621 will provide a complete information and training seminar for the local fire department so that said fire department is well acquainted with the facility and will be able to handle any type of emergency. Keys will be provided to the fire department district for all gates. It should also be mentioned that the "master plat" submitted for approval for the PUD does indicate that a fire station may be constructed at the intersection of Weld County Road 38 and Midland Road North. It is contemplated that there will be no noise problem as hospital mufflers will be used and all exhaust fans will be pointed straight up into the atmosphere rather than in any one direction. As to employees, there will be 1 employee at the site during most business hours and hours of operation will be 24 hours per day as the plant itself is highly mechanized and does not need continual 24 hour per day personnel supervision. As to the specifics of the proposed gas processing plant, please note that the facility comprises approximately 2.165 acres and it will be completely fenced. Additionally, there will be 1 pedestrian entrance and 2 vehicle entrance-exit gates. The facility will be landscaped on the north, south and west boundaries and it is proposed that there be 2 rows of trees in the shelter belt, the first being Russian Olive for quick growth and density and the second to be Cottonless Cottonwoods. These two types of vegetation will fit in the with the natural vegetation of the area and the shelter belt screens the facility from any proposed future residential areas. As additional aesthetic concern, the processing plants components will be painted in earth tone colors. Reclamation is not a concern as the facilities can be quickly and easily removed and the area returned to its natural vegetation or agricultural use. It is estimated that construction will take approximately 30 days with start-up to begin immediately at the time of completion of construction. Should you have any additional questions or require additional information please contact this office. Very truly yours, LIND OFF Ke eth F. Lin KFL/cg Enclosure i I __ APPLICATION USE BY SPECIAL REVIEW 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 hearings before the Weld County Planning Commission and the Weld County Board of County Commissioners concerning the proposed Special Review Permit of the following described unincorporated area of Weld County Colorado: LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: NE 1(4 Section 4 T 3 N, R 65 W LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: Section T N, R W Parts of Sections 3, 5, 8, 9 and 10, T3N, R65 W of the 6th P.M. , Weld County, CO. Property Address (if available) none _ PRESENT ZONE ag OVERLAY ZONES none TOTAL ACREAGE approximately 1,400 PROPOSED LAND USE gas processing plant on 2.165 acres EXISTING LAND USE agricultural and oil and eas development and PUD to the South and West. SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW: Name: Beebe Draw Land Co. , Ltd. Address: 1551 Larimer #2706 City Denver, CO Zip 80202 Home Telephone ik Business Telephone It 620-0967 Name: Address: City gip Home Telephone it Business Telephone 0 Name: Address: _ City Zip Home Telephone 0 Business Telephone 0_ APPLICANT OIL-AUTH6REE£B—AUEle (if different than above): Name: TOA, American Gas Products Address: P.O. Box 430 City Ft. Lupton, CO zip 80621 Home Telephone dt Business Telephone it 623-5557 List the owner(s) and/or lessees of mineral rights on or under the subject properties of record. (See attached sheet) Name:_ Address: City Zip Name: Address: _City Zip Name: Address: City Zip I hereby depose and state under the penalities of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD ) STATE OF COLORADO ) / Sign ture: -off Aut orized Agent for 'IDA Subscribed and sworn to before me this/y day of Jams Q(y 19 P6 SEAL 'Ti?(2jn 941NOTARY PUBMy Commission Expires My commission expires August 22. 1987CAS l Z2 A AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property Beebe Draw Land Co. , Ltd. and TDA American Gas Products STATE OF COLORADO ) ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, 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 appli 'on submiss' date. The foregoing instrument was subscribed p and sworn to before me this /7 ' day of J(Ira,"2.4// , 19 n. WITNESS my hand and official seal. My Commission Expires My Commission expires: August 22, 1987 %Lfr P-11-Notary P is NAMES OF OWN ERS OF PROPERTY WITHIN 500 FEET ", Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION 1 Farmers Reservoir & Irrigation Company 62213111000003 80 South 27th Avenue, Brighton, CO 80601 Beebe Draw Cattle Company and 62105533000005 Beebe Draw Land Co. , Ltd. 62105533000006 1551 Larimer #2706, Denver, CO 80202 Carl A. and Virginia M. Jepsen 62121302000001 20121 Weld County Road 42, LaSalle, CO 80645 Heirs of Don Moser 62121303000015 Route 1, Box 151, LaSalle, CO 80645 Jerrold J. and Anna E. Wardel 62121307000006 18253 Weld County Road 32 62121318000002 Platteville, CO 80651 62121318000001 62121318000013 62121319000010 62121320000008 William W. And Patricia A. Ray 62105532000007 17367 Weld County Road 46, LaSalle, CO 80645 860281 NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION t Central Weld County Water District 62105532000005 105 East 18th Street, Greeley, CO 80631 Clyde A. and Marjorie V. Marshall 62105532000018 18494 Weld County Road 39, LaSalle, CO 80645 Maynard G. and Marilyn A. Ludwig 62121305000012 and 17978 WCR 39 62121306000002 and Platteville, CO 80651 62121306000003 Beebe Draw Gun Club 62121303000016 P.O. Box 310 Greeley, CO 80632 TI AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property Beebe Draw Land Co. , Ltd. , and IDA American Gas Products STATE OF COLORADO ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and lesses of mineral owners on or under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office, or from an ownership update from a title or abstract dompany or an attorney. The foregoing instrument was subscribed and sworn to before me this /7144 day of Jams&/ , 19X.WITNESS my hand an official seal. My Commission Expires My Commission expires; August 22, 1987 Notary Pub c MINERAL OWNERS OWNERS: Aristocrat Angus Ranch Route 2, Box 76A Platteville, CO 80651 Upland Industries Corporation 110 North 14th Street #1000 Omaha, NE 68102 Bebee Draw Cattle Company and Beebe Draw Land Co. , Ltd. 1551 Larimer #2706 Denver, OD 80202 LESSEES: Amoco Production Company Attention: Pam Staley 1671 Broadway Denver, CO 80201 Vessles Oil and Gas Company 600 South Cherry #1220 Denver, CO 80202 Machi-Ross Petroleum Company Suite 3070 3420 Ocean Park Blvd. Santa Monica, CA 90405 t1;) • Srz � *R14,24451 u- star. 6 �am,r APR 2 r cry CONTRACT FOR DEED -' Tnis Agreement, made effective the 31st day of January, 1983, by and between Beebe Draw Cattle Co, a Colorado limited partnership, hereinat,.ar referred to as 'Seller' and Beebe Draw Land Company, Ltd. , a Colorado limited partnership, hereinafter referred to as 'Purchaser,' • WITNESSETH: IN CONSIDERATION of the covenants hereinafter contained, the parties hereby mutually agree as follows: 1 PROPERTY. Upon performance by the Purchaser of the cove- - nants herein contained, the Seller agrees to transfer and convey to the Purchaser the following property located in Well County, - Colorado (all of which is also referred to herein as the 'Prop- - - erty') , to wit: (a) Real Procerty. The Seller asgrees to convey by - general warranty deed, free and clear of all liens and encumbrances, the real property described on Exhibit 1 1 {. which is incorporated herein by reference, and- all tm- provements and fixtures thereon and all irrigation equip- _ - ment used in connection therewith. (b) Mineral Rights. The Seller agrees to sell and quit claim to the Purchaser all mineral rights of what- ".- soever nature or kind underlying or affecting the real property described in subparagraph (a) above of which Seller is or may be deemed to be seized and possessed, more particularly described on Exhlbit_ 2 which is incor- • porated herein by reference. (c) Water Rights. The Seller agrees to transfer and convey by deed or other appropriate document of transfer all the water rights appropriated for, appur- tenant to or used in connection with the real property described in subparagraph (a) hereof and such addi- tional rights as the Seller owns or may be deemed to own, all as more particularly described on Exhibit_3 which Is incorporated herein by reference. (d) Leasehold Rights. The Seller asgrees to trnn;- fer alt its right, title and interest in and to the leasehold rights described on Exhibit 4 which is I-.- Jr- porated herein hi reference. ) (e) Personal Property. Seller agrees to tr an.:fir by bill of sale or other appropriate instrument all per- - Ronal property, improvements and equipment situated A( A-1 or used in connection with the real property describes in ;Yy` 1 '! • s'ubpsrag:-aph (a) hereof all as are described on Exhibit 5 'hich is incorporated herein by reference. 2. PURCHASE PRICE. (a) Allocation. The total purchase price for the property to be conveyed to the Purchaser shall he 56,520,000, which the parties agree shall be allocated an follows: (i) proved oil and gas reserves $1,779,294 (ii) unproved oil and gas reserves 194,905 (iii) grazing land held for development, water and recreational-grazing lease 1,755,000 (iv) land used for farming and buildings 2,210,445 (v) equipment • 2911455 $6,520,000 (b) Payment. Tte purchase price shall he payable as follows: ( i) Cash in the amount of at least 5°J,000 shall he it pail af. the closing described herein. (ii) The balance of the purchase price, not to exceed 56,470,000, shall hear interest at the rate of twelve and one-half percent (12-1/2%) per annum and shall he paid in installments as follows: (A) At the time of the Closing or as soon there- after as possible, Purchaser shalt borrow at least S700.000 from a lending institution selected by Purchaser and shall pledge as security for such borrowing the Procissory Notes from Purchaser's Limitel Partners, and the Letters of Credit securing such Notes ("Partnership's Letter of Credit Bor- rowings") . The proceeds of such borrowings shall he paid over to the Seller and applied first to pay all interest which will accrue on the principal amount of the purchase price through December 31, 1981 and the balance to principal. Prom time to time, as required by Seller to make payments of principal or interest on the 'Specified Debt" described in Section 3, Purchaser shall increase such borrowings up to a maximum of 51,100,000 and shall nay sich anoints borrowed to Seller for use in making required payments of the Specified Debt. 4ny amounts thus pail to Seller on the Contract shall he applied first to interest which may accrue thcowih the end of the year in which the payment is male and the balance, if any, to principal. Seller an ) P ,r :haner am^e that the first 5125,000 of the 'irst pa;bents made to .Seller and applied to principal -.hall he deem,' by the parties to have been pat 1 ''r the equipment identified above. 2 - • • .... • P • • • • (0) During 1983 and continuing until the pu:chase price and accrued interest has been paid in full, Purchaser shall make additional payments to Seller from all Purchaser's revenues from operating and holding the Property in such amounts as Purchaser shall have funds available therefore, after re- serving reasonable amounts to meet Purchaser's cash flow requirements to operate the Property and set • - •vice the Partnership's Letter of Credit Borrowing, identified in Section 2 (b) (ii) (A) above, and after January 1, 1988 to make distributions to Pur • • • chaser's Limited Partners in amounts at least s'f- ficient to pay taxes at the Partner level for taxable in awe earned by the Partnership. Such amounts pail to Seller shall be allocated by the parties first to payment of accrued interest and then to reduction of the principal amount of the purchase price unless Seller consents to apply any specific payment to reduction of principal. • • (C) On January 15, 1984, 1985, 1986, 1987 and 1988, respectively, Purchaser shall make at least the following payments which are equal to annual capital contributions payable by Limited Partners of Purchaser on such date, which shall be allo- cated to principal: Minimum Payment' • 1934 $330,000 • 1985 $220,000 1986 S280,000 • 1987 5 - 0 - • 1988" $560,000 'If Purchaser sells less than 20 Units of Partner • - ship Interest to its Limited Partners, such payments shall be reduced proportionally based on the number of Units sold compared to 20. "The 1988 payment shall be made only if Purchar. is Limited Partners are called upon to pay their Promissory Notes totalling the same amount. If the 1988 payment is deferred, it shall be made at such time as the final installments of Partners' Notes are paid to Purchaser. (D) The balance of the principal amount Lf the purchase price and all accrued interest shall be due March 15, 1992. - 3 E: ` ;: r4, ,pa ) a i, . . . a (c) Pre2eyeent. Privilege is reserved to the Purchaser to prepay, without penalty, all or any part of the remaining principal balance of the purchase price upon 30 days advance written notice. All prepayments which are made with proceeds of any refinancing or restructuring of the Specified Debt shall be applied to reduce the prim- cipal and interest owed by the Seller on the Specified i Debt identl led in Section 3 and the Partnership's Letter of Credit Borrowing. (i) Seller agrees that if Purchaser prepays an. of the principal amount of the Purchase Price with proceeds of any refinancing or restructuring of the existing Specified Debt, then (A) if the amount available for Prepayment is suffi- 1 cient to repay all the outstanding principal and interest on the Specified Debt and all the Partnership's 1 Letter of Credit Borrowing, then, after payment in full ( of (i) the Specified Debt, (ii) the Partnership's Letter ] of Credit Borrowings and (iii) an additional payment to 1 the Seller equal to the amount of Seller's other debt 3 (but such additional payment, when added to the out- standing principal and interest on the specified Debt, 1 shall not exceed $3,050,000) , 25% o' any remaining pro- ceeds from such refinancing and restructuring in excess of such amounts will be paid to Seller as an additional payment under this Agreement and Purchaser may retain 757 of s-tch amount to distribute to .ts Partners or for other uses by Purchaser , and { 1 (B) Seller will consent to release by the escrow agent identified in Section a of tee Title Documentr ddd to Purchaser upon Seller's receiving a second Deed of Trust, or equivalent security interest covering the !!! Property, to secure the payment of the remaining prin- 1 cipal and interest owing under this Agreement on at least a second priority. i i (ii) If the Purchaser sells any portion of the real property, such as the 320 acre 'North Unit,' without selling j the balance of the real property, then all cash proceeds rece_vel by the Pur,haser must be pail to the Seller a: a prepayment under this Agreement and, subject to sucn pre- payments, Seller hereby consents to s.•ch a sale and agrees to deliver such approvals, assignments, deeds, ete. as may 11 r asonahly he required to consummate such a transaction. ISeller shall apply all such cash prepayments to reduction of the principal amount of that pot Linn of the Specified Dr-bt as is secured by such portion of real estate. Any { portion of the Specified Debt assume.i by a purchaser shall Ine deemed a prepayment, in that amount, of the puccha;e price by Purchaser. 1 - 4 _ i • k 1 3. PAYMENT AND RELEASE OP 6%ISTINn LNCUNnQA :'FS. The par • - ties acknowTe the eTtence o none encu -,bran^es upon t`, property described on Exhibit 6 hereof and incorporated herein t.,/ reference. All such encunbr a.^.cea and related obligation: of the Seller are referred to herein as the 'Specified Debt.' S 1 ([^ (a) The Seller agrees: :l (l) to make timely payments of principal and ,-- interest as required on all of the Specified Debt, (ii) to provide the Purchaser with evilence },, of faithful and timely performance of all obiiga- F, [ion; required of Seller by any applicable instru- ment reflecting the Specified Debt at reasonable intervals upon reasonable request, and 11 (iii) to cause each and every item of each of the encumbrances represented by the Specified Debt to be released upon the property at such time as the purchase price hereunder shall be paid in full �• by the Purchaser, including any prepayment of the full remaining balance of purchase price. (iv) to apply any prepayment of an amount less than the remaining balance of the purchase price to reduce the outstandicg principal balance of such of the Specified Debt as shall be designated by Pur- l. chaser. (v) not to make any cash or other distribu- ' [ion to any of Seller's partners unless all pay- menLs required on the Specified Debt during the i year of any such distribution have been male or pro -idea for and reserves or other provisions have be made to assure payments of all such oblige- ticts for the succeeding year. r, i (t If Seller shall default in its performance of any co).;nant relating to ary of the encumbrances owed in ;_ connection with any of the SpecifieC, Debt, nr an/ other debt to which any of the Property is subject, including i t debt primarily secured by Seller's livestock, the Pur- t chaser may elect to cure said default and subtract an amount equal thereto from the balance due upon the per- . chase price hereunder and from the next annual ins--ctll- , went of principal and inte•eat due hereunder 4itboit to v any wiy being in default under this Agreement. In alit- 1 tips, the Purchaser shall he thereby entitled ti an: sequity of redemption or other remedy which wo-:li ot ,, : - wise have accured to Seller. { I - 5 - fin , } 4 4r W , «� .)`. 'P:r r 8 r t ( - « $ t. '�* i e 4).;,"'..1.4 r'�,.y ‘6,`,"."..' J. -�¢�k.. b � y, it n i c 1l , 4# r• " r : 3. 1fj- <a r ' s , , t tl'4 uX I ', •a tv r* i. ) * I iv "s" x a ' >j " .k�''`' sat 4. �n 3. r at �y `s �x.i a e } , 1iLp s i. �r v ' ,z. r v '�yyv 47,4,.:' €: � x , 'rid "«�O,:,,ik ;:f- � x r*''� ¢'x' e- @y{{� �� d� " � a` 3# rvps� �'Jt� 'g�� • � �- ' ,�t vtu". �: a°rv{ �.[ rrjj � z ° y .,=,, ,i , i -..h « } .1: S-....'... 'f , r,y",: 410', '4e:444'414. '� 4. Ti w F a �7a� _ IN,Y' E''r iLB�....=.. ....r.v:.:.l. , pi 4 .. ,='MR yid\ G w. "Tit .i� r w z . ses,. •t P i? K. r `n. br gv S iy. is RYS(Q II ui n �. ., 1 M } '(c) Seller shall take no action whatsoever to g t i' n otherwise encumber any of the Property other than is zi',• * i } referred to in this Section nor shall Seller pledge, '"'" s{ 1 hypothecate or otherwise encumber its rights to receive °. payments for the Property as described in this Agree- xy „ t ' si went or take any other action the result of which could frets •t�f ",; * or might be to reduce Seller's ability to timely and �,}i, Pe �, completely discharge the Specified Debt. s � { ''k r { s 4. TITLE INSURANCE. feller shall, at its expense, furnish � ' and deliver to Purchaser not less than 30 days prior to the *,'"2,sill .: ;is closing of this Contract, a standard owner's preliminary title tr', ..S1.'11‘,1 b i insurance report, and, after the closing date of this Contract, a '� "'*✓ , form of title insurance, acceptable to the Purchaser, for a Pnr- 4; 1'. F chaser Under Contract owner's title insurance policy. Said policy t', ",; - x must insure Purchase against loss or damage to the extent of the k+ ice ' total puchase price of tie real estate by reason of defects in the c title of Seller to sal ., real estate subject to the Specified Debt "lr. ,fit and further subject to payment of the balance due Seller pursuant ` ` �. to the terms of this Agreement. If Seller shall he unable to de- r° y *+j ctiRy liver marketable title, this Agreement, shall, at the option of ti the Purchaser, be of no further force or effect; or Purchaser -. f.r.' 4z. shall have the right to waive such objections and to close this .. Contract even though such objections have not been corrected by Seller. In the latter event, Seller shall take srch additional °' m reasonable steps as may be requested by Purchaser following the c , 4g:it closing to attempt to correct any such title defects. * .faatiStjkit .. { S. TAXES AND ASSESSMENT -- PROBATIONS. All real estate k. 1.,+.. f a taxes and due and payable for the calendar year 1982, and all r prior years, if any, shall be paid by Seller. The Seller shall '" x ,w `«� t also pay his pro rw_a share of 1983 real estate taxes and any spe- 3a � `` a cial assessment installments based on the last available tax rate r prorated to the date of closing. After closing all taxes, special 7_, assessements, etc. shall by paid by Purchaser. "'° dlf tt tx, Lt }"� ys. . , 6. CLOSING AND POSSESSION. The closing of this Agreement * x "r ,. d, , shall be contingent upon the sale of at least 15 Units of Partner- :,C. y; •y,.x ' !it' ship Interest by Purchaser on or before March 1, 1983 (subject to ' ��` exter:sion for up to 60 days by Purchaser in its election) ar,d shall be on or before March 15, 1983, or such earlier date as the parties shall jointly consent to, and possession shall be deli- l^"� ✓ s, s vered concurrently with the closing. Purchaser may, in its sole dtic>l,l* discretion, extend the date of closing for up to a total of 90 SU additional days by notifying Seller at least two days prior to a 4 closing otherwise set. + �"� y' s .' 7. EXECUTION OF DOCUMENTS AND ESCROW. Upon the closing of *- this Agreement, the Seller agrees to execute a general warranty A' v3 • fit" deed conveying the Property desc-ribed in Section 1 (a) hereof, free 'k l' -ds ,. and clear of all liens and encimbrances, to Purchaser . Seller %fa `�' a' . f further agrees to execute such other deeds, bills of tile, agree- « s4%,'"•.,„-bb"r s j Yf ( T"in -T 7-7-777,<...y^,,.1,g °,Rni .T79.17.rr ,y£1. ,7 .,".`c «'.L--^p.a7t.'e 'I M i . s : tit L.�` 4$14.,:e" Jt mod. e'rti* /C,-rxi k „ii kx ; .r ,; .1`, ..c, 6 u x.v-.v...n ,..3... aap. x, y xi4'ia a fit', f-,, .; ,a 'n A r^ Q .4 MC lei,_.to......z"._.,�...•. .an�.riwi+ 1 xx Ft " ... ..:a. , d �,,^�l ments, transfer or articles of assignment (all documents being ""k4t�: herein described as 'Title Documents') as may be required to t.- perform the covenants in Section 1 of this Agreement. Purchaser shall likewise execute a reassignment of the leasehold rights described in Section lid) hereof to be redelivered to Seller in ' the event of the termination of this Agreement and the restora- . i�cy. [ion of the Sellers to their former estate. b ;,',44 All said documents shall he delivered to Central Bank of n• ar k Denver as Escrow Agent to hold such documents from and after the ��. date of closing until the purchase price has been paid in full or .,� until the Contract is terminated. When the entire purchase price, together with interest thereon, has been paid in full, the escrow • agent is hereby authorized to release to Purchaser all documents held hereunder. Seller and Purchaser agree to execute an escrow agreement with such escrow agent consistent with the terms of this 4' r Agreement. All escrow fees shall be paid by Seller. x.. 4 8. TACES, INSURANCE AND RENTS. From and after the closing of this Agreement, Purchaser agrees to make timely payment of f '' :' all taxes upon the property which may thereafter become due, and to pay all special assessments which may be levied. At all times while any balance due Seller shall remain hereunder, Purchaser, at its expense, shall (i) maintain in full force and ',` effect, one or more insurance policies with Seller endorsed as an additional insured insuring the property against loss by fire, theft or otherwise and insuring the Purchaser against liability for personal injury or property damage up to a licit of at least $1,000,000, (ii) pay all water rents, assessments and charges accruing by virtue of any water rights upon the sub- ject property, (iii) make timely and faithful performance of all Ml covenants or agreements required under the terms of the leases • „V) M described in Exhibit 0 and to attempt to renew all such leases xw 4'4. on satisfactory teras and (iv) operate and use the Property in a I. 'yi' :.. reasonable and prudent manner consistent with its present and a,„spa.• intended use. C 4 i .: 9. DEFAULT BY PURC'-ASER. The following events shall he • MA deemed to be events of default by the Purchaser under this Con- tract: i.I.e (a) Purchaser shall fail to pay any payment of � c�`;PI' ' principal, interest, taxes or insurance premiums or t 1 rent required to be paid hereunder when due and the -a: same remains unpaid for a period of 60 days after writ- '4>' /P [en notice to Purchasr. A a. "'" (b) A receiver or trustee shall he appointed for al' or substantially all of the assets of Purchaser or �z { vurchaser shall file a petition under an/ Section ..r `1Y Chapter of toe federal bankruptcy laws or take similar ikt4t-Vi action of seeking relief from creditors. -44t1'.':1',,* AY r%tAC-1: - 7 - ,y "•131`,47a044:`,';e?g,,,' t c ,,_;r:, " 4. A ,. ,9. x' �; t $6 C k. .,g t f, p - s` o r. .1,r li e .5 F 7 1 ! r 'A, . d, r ti3• R 1 Sr 1TT i s % l ..r. e € � � 3 R > 14 all 5' . 10. DIPA'JLT BY SELLER. The following shall be deemed to he t events oC^deT u by Seller Ander this .untract: Seller shall fall to comply with any tern, provision or covenant of this Agree- rat it and shall not cure such failure within 60 days after written notice thereof to the Seller. . +g .gib 1< 11. REMEDY UPON DEFAULT. It is agreed [hat time to n. the t -essence 6ViWii ontract. In -the event of an/ default by Pur- chaser as set forth above, should any such default continue for a period of 60 -days, then in that event, Seller may declare the t, t entire principal balance and all accrued interest slue and pay- able. If purchaser fails to pay real -stete taxes or 1 1k assessments or insurance premiums before they become delinquent, it R Seller may as -an alternative to declaring all giumst due and s+ y payable, pay such taxes and amounts so advanced by Seller shall u become a part of the principal unpaid balan^e due hereunder and shall hear interest at the rate of 12-1/2% per annum, +sid sum }' and interest to becon.e dae to Seller upon the next inst.:tient I.„ 1t, due day after such pe/ment has been paid by Seller. r r Upon declaration of the entire principal balance and accrued interest as due and pa^table and the subsequent (allure of 1Pur- ?t E chasPr to e the ents declara- tion, unless extended required extended by mutual within erittenagreement, Seller will the } entitled to reclaim possession of the Propety as its sole remold i , ` in satisfaction h i of Purchaser's obligation hereunder. In suc a vent the materials hell by the escrow agent shall -be returned to ll� The Seller in accordance with the escrow arrangements $ In the event of default by Seller, Purchaser may either cure ° t, 3 1 q the default at its expense and offset any expenditure -thus ' ' i{ I required against the remaining principal balance owed to Seller or a 4 seek damages which ma/ result from such breach. tits 12. NOTICE. In any case in which written notice is rewired i or perm.t ted by this Agreement to be served on the party hereto, 1. it shall he considered to be a sufficient service thereof to ad- t dress nail notice to the part/ at his respective address herein- , 9 after set forth, and service shall he deemed complete upon deposit of said notice in the United States Mail. c # Sellers ' b t.; a 19700 Nell County Road 43 A 1 ;` ...8. t a4alle, Colorado 9055 r ` Purchasers i f. 1 5 Lertme, Street, 4ul'e 2705 oe rvei , Colorado 90202 I' { I g I 'ft. Y w tt a n ,,..4.44% s Mi yp-d b y 3ti$" ..� 3� .i! yy1 ' ?'54 'i ¢ r rit I �.e yy}} t yJ • ,7y�. y d .# �3t>G f FS i N.. N�.z ,S.-.i , s, .ii ¢v r4.l k' $$ Y YS." 1 v { riirri .�ap,;, iilEiiSltt" e , w 1r u.'X 4.t, _ :1 w a a..raSo p� r Y F�L mp 3 ¢ � E : hi.l- I i.rlu I Its I II IN I I I I I r. I II Ii'; ', -:. r q ' 1 13. MISCELLANEOUS. It la mutually agreed that all covenants ':•,. i tr. and agreements herein contained shall extend to and be binding '° '. . { ` (+ upon the successors in interest of the respective parties. $` IV WITNESS WHEREOF, the parties have executed this Agreement r 1• i ; r i i as of the day and year first above written. , - Sellers � �EEBP. DRAW CATTC'. CO, r- p 1 f. a Colorado liited partnership ry t-. Rr $, $ Y i �y General art k Purchasers ≥" ' REEBE DRAW LAID COMPANY, LTD. , =a Color € Color o 11.ited partnership ^.r ri t " 7 . By GenaCaner C { i4 , r STATE OF COLORADO ) ••, i .... ) ss. Cxt, and Count, of Denver 1 '➢ «cil The for ing instrument was tcknowledged before re ? this �C�' day of 1993, by Morris Burk , as Genera l .. �' Par*net of Beebe D w Cattle Co„ a Colorado iici ted partner shit.. 4j fy witness my hand and official se —} p,. t Notary Pu lc My Corrission Expires: C � - I { heam@1Lrr9 'fMr rer.-cu)aa.ae t4 I ;r .„3 { x [SEAL] (Address) -_ ' t. Osn ` fi• r, '. •a K � ,; f ! _ F ML „, �r. I r1- I 3 / 4 ] v v it al. n`, 1 x .. ` . � x t @' '.` �ze1'`,, - :io fir, ' ' R.... Y. , V ,fix 4 14si r ns 1014 y N 4 f 14,1--1.1‘. le r m k e .i.,4 ., 1 — t z a c. nr ❑❑c s r a u.,n fi k Si i 'i 1 �. •i. .y}t 4 SJ �b₹, .y.sii 4"4 .+ yy `1 ....v..t.. .._,w r .� ) F a FI (Jql 111111 II lis II { FF 'F COLORADO ) ' .. ) SS. • r I r1 ,'. in1 County of Denver ) The fore ing nstrument was acknowledged r r ill 1 r 11s ?cam day of 1983, -by Morris Burk s Cello r s1 P� [,.I.r of Beebe Dr Lan Company, Ltd. , a Colorado 1 i 1 ! '04 1. 1r - ter sh iy. '1i . Witness my hand and official sea . r. k y' }- i r--"'l" Notary Pu Ny co-r ,,,, Expires: --. _ iF .... Ls (AdikiLYNNtri:*Ca SEi L) a (413 444.4 1 k4 '11;4",ti 111‘4 R' °5 , { 4x �y[4 4 d vs if ` - 9A - 1 t .4 1 X111 _ A r 6 i 3 4 Q f. .� FwZHi.� ,Y�'uw.Ntlf-astlltWr3i0W t& Si "•r5�.%ai�sv.�� r+ }'Se 74 trt, y 7 alt aas'ifL ,sqd ,GYJ�!--„, d 2.2,77,E 0. �. p�+� '44.1". ..:, 44. f € J i. ,e' `+ "' "'3&„'5' ,,7r, . ' hi i fi .;^ - f.J ,, . e r-3 7g Ff tjjT i d y2 a. x ,� ',' 1+` ! r-3i fi rr d 4i5 t}C+ .'44!S$ i f'".: 'til + � fl .:1,;.4x,'4.,,mY T '> 5, .f 3 'ye -H fG i :14 1'U ,�,f •. R 4 y. i44 1 4 b 9 r` i'a ^,4,. f ,t }i s , b K 1-w In" 1 if F `Cr € Anesl,�rII I' �. h ' Pi w X39 tn, w t % e p r , .' i 3 �' ai f.. 'i'` .K ' 4 f .;-, l i. i Y t r � f"z si e � u � �i A'1 '� �q;` I5 ;.xq� K'r i r*' 9 # t A n 11 A t'" vP[ :144"0,:i;jcS,v3 ,^ .,.. s.$.u�:.._. fa.,. .11'Vv.�.ar. { t ..0.�.. p':� ` „r:&drly � �i'w} •;�4, t + p�. f fr 5 } AYH ¢i . 'K" e` EXHIBIT 1 4 4 Property� y � .•� Legal Description of Real Property +$r } � L' I -, Deeded Land: rx d In Township 4 NorthLRange 65 West of the 6th P.M. e4' _ Section 26: The Sy b?+7 Section 33: The E4 of the E4 of the S'W4 and the 3E4 Y .+ Section 34: The S'W4 except land described in deed in t , I Book 1081 at page 380 of Well County records ki ' t 1 In Township 3 North Ran 65 West of the 6th P.M. i 1—fie +.,y i a I . - Section 2: The SE4 except that part lyin west of :-,;*4,,3}-; the Gilmore Canal _ Section 3: The NY of the NA4, the Sy of the NW4 and ` 4.444 .� !. .i the 54 ° Section 4: All Section 5: The NE4 of the NE4, the S4 of the N4 and s . the S4 z _ Section 8: All 't ,1--,-.'',-;f4 Section 4: All #, Section 10: The 44 of the Nd4, the SE4 of the Nw4, A , the 5W4 of the N:4 and that part of the a ` SW4 lying west of Milton Lake Reservoir, Y 4731:1 '' the N411 of the NE4 and the E4 of the NE4, f A f ! the NE4 of the NW% r C Section 11: The N4, the NE4 of the SE4, the E4 of thc +^,� SE4 of the 554 { Section 15: That part lying west of the Milton Lake Reservoir ` 'i' Section 17: Alt r ate d ,P I 'a _Containing 5203 acres, more or less. k. ia. (' 1 i ' b '✓ ' 'ect to odsements, restrict,ors, reseratiors, ri'Ih' s -o o K� f oni other instruments of recor3, but free and Clear :` nil 11 4. , a a3 l.a dyd encimbrarces. 1`1il f, y i zr wl y' x i i w Tt ' Willikt i - 10 - • ; ,fir+ YE :v I "***4.4, 1: } Y,!!.'4,,,!,- P.1.0,4-, 4 }i yvi Yj �,� � g d 9 a„x' '.7"-tai' Lo- r` W 47 W `' r t 1 4: r ' .w a a xa F..r � Y ,sl'- , <a 2 .. wg 1.,., " ,.L.k L 3'7' .!isiA t.. y 'f'¢y^l . ..r T.t `E r ✓jp ,f a 3 r -„V7' > r '4, r ' r ,Ifl+. , .r s ✓� Nx :' 'r f w ixHx t te � fir� �., a= ,," 1. _ _ v........,..y. . .�.. .,... ,a Sk i.xn r`e.w.` .x. s,.....w_,. e _ .«. »r. i.� ..�--.. ..�...i...�..� ' U 2 v ti ....-4.- . '`�� . � ka7r 37 q, 74 -.1",„ `74 52 A' ' �,• 1 a g ill. „.4 iE '..A ' 77 3 lit4 Jy r"' 5 �i 1. V 21• 6x, _ + 3,-`�y \� �a 52 7�1' n 2 Pk. �1 '114 , y; 38 51� yr 4raa ; t ` '. 52 47 50 `�.r" '3 b ap.p.�� ..�q �: �n .'7 YYb7.'7.•4 J_ 2 47•. -4-4-A.._ 'f 1 .: �!'fi ,.!',,;. f 52 I y C -r - y qy .,, =,,,,,,,A,,- gx. fr.;; a ,. S 1 • _.:sA[ r �^'T'; �,, `.,,Y .. -+ '` A 4f q7 • 52 ` 5"iT ' S\ A} . 4fi _ • 29 704.14 rt. 52 73 ,� I Jiff" yket t1T31iYS't .,a, .F7 e IIIICENji' a ~:j Rfs 4 J. . gi.•i Ig y la "4]��'PA '� • :v� (�,�m, {z ' C 141.1-":".t.4. �"'v': • ''F u tai '�S Fi. 7 f v" RJ +. y�'e V•\ ,n.� iG,'• 7A 7.., ,K, t--,..11...;4 '',..1'102.4,1.,:-..!;1.,-X.' "' E '"tt 70 33 q^. _w 34 Y � ....._ • 48 z i-•••-, Ti mss, y y * z 1 et. 1}, 6 \ , ;:t----f-4--V—'''''t ..V a lks,�,a. n r 70 ,, ..„,_... _ A. ,.,--4-.-- t.,,,,,ztv -„,.., \ Nii Au 4t. .. S� ,? �Yy. 70 - t Lw L f r._4(4;;;7',E,-1vA r IBIO72 �� 5 "r ` ��' 'j f 9F �t C. ' i. 72 - w�s ttlH, .'5 y t5,1y 69 '"ivT ax ,t `CN� q, v . t ! 4. '4 v 4 772n,,. kt:3 k r G .r r ,72...4.144z70 7U o ' or 4 c ba. aF.t ;. (Joins s eat 23) ,. — y ' e i.10W 4. U O FEET 1 Al _Ili t WELD COUNTY, COLT RVEY shrubs best suited are skunkbush sumac, lilac, and Siberi Windbreaks and environmental plantings are generally an peashrub. suited to this soil. Soil blowing, the principal hazard in Wildlife is an important secondary use of this soil. Th establishing trees and shrubs, can be controlled by cul- cropland areas provide favorable habitat for ring-necke tivating only in the tree row and by leaving a strip of pheasant and mourning dove. Many nongame species ca vegetation between the rows. Supplemental irrigation be attracted by establishing areas for nesting and escap may be necessary at the time of planting and during the cover. For pheasants, undisturbed nesting cover is esser dry periods. Trees that are best suited and have good tial and should be included in plans for habitat develol survival are Rocky Mountain juniper, eastern redcedar, ment, especially in areas of intensive agriculture. Range ponderosa pine, Siberian elm, Russian-olive, and hackber- land wildlife, for example, the pronghorn antelope, can b ry. The shrubs best suited are skunkbush sumac, lilac, and attracted by developing livestock watering facilities Siberian peashrub. managing livestock grazing, and reseeding where needed. Wildlife is an important secondary use of this soil. This soil has good potential for urban and recreation: Ring-necked pheasant, mourning dove, and many non- `:w, development. Lawns, shrubs, and trees grow welL Th game species can be-attracted by establishing areas for - only limiting feature is the rapid permeability in the sui nesting and escape cover. For pheasants, undisturbed stratum, which causes a hazard of ground water cot nesting cover is essential and should be included in plans tamination from sewage lagoons. Capability subclass Il for habitat development, especially in areas of intensive ,".4,- irrigated; IVe nonirrigated; Sandy Plains range site. agriculture. ., 77—Vona sandy loam, 3 to 5 percent slopes. This is This soil hasgood �"potential for urban and recreational �:r=:5s_. deep, well drained soil on plains at elevations of 4,Ti00 t development. Lawns, shrubs, and trees grow well. The --Ti,_:. 5,200 feet. It formed in eolian deposits. Included i only limiting feature is the-rapid permeability in the sub- '�f. mapping are small areas of soils that have a loamy sill stratum, which causes a hazard of ground water con- ,,,- stratum and areas of soils that are noncalcareous to tamination from sewage lagoons. Capability subclass Hs ? ., depth of 80 inches. irrigated. Typically the surface layer of this Vona soil is-grayi: 76—Vona sandy loam, 1 to 3-percent slopes. This is-a brown sandy loam about 8 inches thick. The subsoil deep, well drained soil on plains and high terraces at -,,::0„., brown fine sandy loam about 15 inches thick. The su elevations of 4,600 to 5,200 feet. It formed in eolian and 4,y' , t.: stratum toa depthef 60 inches is-sandy loam. alluvial deposits. Included in mapping are some leveled ' E; Y' Permeability is moderately rapid. Available wab areas. Also included are small areas of soils that have a _ *� '*;,.. capacity is moderate. The effective rooting depth is r loamy substratum and-areas ofsoils that are noncalcare- inches or more. Surface runoff is-medium, and the-erosh ous to a depth of 60 inches. ?., hazard is low. Typically the surfaee layer of-this Vona soil isr..' In irrigated areas_his soil is suited to the crops cor YP Y Y grayish �: "' g P brown sandy loam about 10 inches thick. The subsoil is b. A monly grown in the area. Perennial grasses and alfalfa brown fine sandy loam about 18 inches thick. The sub- ?` close grown crops should be grown at least 50 percent • stratum to a depth of 60 inches is sandy loam. Zr the time. Contour ditches and corrugations can be used Permeability is moderately rapid. Available water ". irrigating_close grown crops and pasture._Furrows, co capacity is moderate. The effective rooting depth is 60 i.'- 1'. tourlurrows, and cross slope furrows are suitable for rc ;` inches or more.Surface runoff is slow, and the erosion ,_,1,% . crops. Sprinkler irrigation is also desirable. Keeping t hazard is low. ,„6 va lageto a minimum and utilizing crop residue help to co In irrigated areas Shin soil is suited to all crops corn- I. ,. trol erosion. Maintaining fertility is important. Cro monly grown in the area, including corn, sugar beets, $z'-A respond to applications of phosphorus and nitrogen. beans, alfalfa, small grain,and onions. An example of a `_'' g. In nonirrigated areas this soil is-suited to winter whe: suitable cropping system-is 3 to-4 years of alfalfa -fol- lowed ' ' F- barley, and sorghum. Most of-the acreage is planted "� winter wheat. The predicted average yield is 28 busht lowed by corn, corn for silage, sugar beets, small grain, or '�, _;. g beans. Land leveling,ditch lining, and installing pipelines =; , per acre. The soil is summer"allowed in alternate yea are needed for proper water applications. v to allow moisture accumulation. Generally precipitation All methods of irrigation are suitable, but furrow ir- too low to make beneficial use of fertilizer. rigation is the-most common. Barnyard manure and com- s'-?. Mulch farming, striperopping,and minimum tillage a mercial fertilizer are needed for top yields. n needed to controlsoil blowing and water erosion. Terra Windbreaks and-environmental plantings are generally ,,. Re ing also may be needed to control watererosion. suited to this soiL Soil blowing, She principal hazard in hl:1. The potential native vegetation on this range site establishing trees and shrubs, can be controlled by cul- t dominated by sand bluestem, sand reedgrass, and bl -= t ama. Needleandthread, switch grass, sideoats gran tivating only in-the tree row and -by leaving a strip of ..St' vegetation between the rows. Supplemental irrigation ` ,and western wheatgrass are also prominent. Potent may be necessary at the time of planting and during dry production ranges-from 2,200 pounds per acre in favor periods. Trees that are best suitedand have good survival ble years to 1,800 pounds in unfavorable years.As ran " condition deteriorates, the sand bluestem, sand reedgra are Rocky Mountain juniper,eastern redcedar, ponderosa {4n .k pine, Siberian elm, Russian-olive, and hackberry. The frx:4 'K• , a.d :..✓'.Y. e.. ',. 30 SOIL SURVEY Permeability is moderately slow. Available water In irrigated areas this soil is suited to the crops com- capacity is high. The effective rooting depth is 60 inches monly grown in the area. Perennial grasses and alfalfa or or more. Surface runoff is slow, and the erosion hazard is close grown crops should be grown at least 50 percent of low. the time. Contour ditches and corrugations can be used in In irrigated areas this soil is suited to the crops corn- irrigating crops and pasture. Furrows, contour furrows, monly grown in the area. Perennial grasses and alfalfa or and cross slope furrows are suitable for row crops. Sprin- close grown crops should be grown at least 50 percent of kler irrigation is also desirable. Keeping tillage to a the time. Contour ditches and corrugations can be used in minimum and utilizing crop residue help to control ero- irrigating close grown crops and pasture. Furrows, con- sion. Maintaining fertility is important. Crops respond to tour furrows, and cross slope furrows are suitable for row applications of phosphorus and nitrogen. crops. Sprinkler irrigation is also desirable. Keeping til- In nonirrigated areas this soil is suited to winter wheat, lage to a minimum and utilizing crop residue help to con- barley, and sorghum. Most of the the acreage is-planted trol erosion. Maintaining fertility is important. Crops to winter wheat. The predicted average yield is 20 respond to applications of phosphorus and nitrogen. bushels per acre. The soil is usually summer fallowed in. In nonirrigated areas this soil is suited to winter wheat, alternate years to allow moisture accumulation. Generally barley, and sorghum. Most of the acreage is planted to precipitation is too low for beneficial use of fertilizer. winter wheat. The predicted average yield is 28 bushels Stubble mulch farming, striperopping, and minimum til- per acre. The soil is summer fallowed in alternate years lage are needed to control soil blowing and water-erosion. to allow moisture accumulation. Generally precipitation is Terracing also may be needed to control water erosion. too low for beneficial use of fertilizer. The potential native vegetation on this range site is Stubble mulch farming, striperopping, and minimum til- dominated by sand bluestem, sand reedgrass, and blue lage are needed to control soil blowing. grama. Needleandthread, switchgrass, sideoats grama, Windbreaks and environmental plantings are generally and western wheatgrass are also prominent. Potential suited to this soil. Soil blowing, the principal hazard in production ranges from 2,200 pounds per acre in favora- establishing trees and shrubs, can be controlled by cul- ble years to 1,800 pounds in unfavorable years. As range tivating only in the tree row and by leaving a strip of condition deteriorates, the-sand bluestem, sand reedgrass, vegetation between the rows. Supplemental irrigation and switchgrass decrease and blue grama, sand dropseed, may be needed at the time of planting and during dry and sand sage increase. Annual weeds and grasses invade periods. Trees that are best suited and have good survival the site as range condition becomes poorer. are Rocky Mountain juniper, eastern redcedar, ponderosa Management of vegetation on this soil should be based pine, Siberian elm, Russian-olive, and hackberry. The on taking half and leaving half of the total annual produc- shrubs best suited are skunkbush sumac, lilac, and Siberi- lion. Seeding is desirable if the range is in poor condition. an peashrub. Sand bluestem, sand reedgrass, switchgrass, sideoats Wildlife is an important secondary use of this soil. grama, blue grama, pubescent wheatgrass, and crested Ring-necked pheasant, mourning dove, and many non- wheatgrass are suitable for seeding. The grass selected game species can be attracted by establishing areas for should meet the seasonal requirements of livestock. It can nesting and escape cover. For pheasants, undisturbed be seeded into a clean, nesting cover is essential and should be included in plans firm sorghum stubble, or it can be drilled into a firm prepared seedbed. Seeding early in for habitat development, especially in areas of intensive agriculture. spring has proven most successful. Few Windbreaks and environmental plantings are generally areas of this Nunn soil are in major growth and suited to this soil. Soil blowing, the principal hazard in urbanized centers. The sandy surface layer, the moderate shrink-swell potential in the subsoil, and the hazard of establishing trees and shrubs, can be controlled by cul- rare flooding along Box Elder Creek are the chief limit- tivating only in the tree row and by leaving a strip of ing features for development. Capability subclass life ir- vegetation between the rows. Supplemental irrigation rigated, IVe nonirrigated. may be needed at the time of planting and during dry 44—Olney loamy sand, 1 to 3 percent slopes. This is a periods. Trees that are best suited and have good survival deep, well drained soil on smooth plains at elevations of are Rocky Mountain juniper, eastern redcedar, ponderosa 4,600 to 5,200 feet. It formed in mixed outwash deposits. Pine, Siberian elm, Russian-olive, and hackberry. The Included in mapping are some small leveled areas. shrubs best suited are skunkbush sumac, lilac, and Siberi- Typically the surface layer is grayish brown loamy sand an peashrub. about 9 inches thick. The subsoil is yellowish brown and Wildlife is an important secondary use of this soil. The very pale brown sandy clay loam about 15 inches thick. cropland areas provide favorable habitat Tor ring-necked The substratum to a depth of 60 inches is very pale pheasant and mourning dove. Many nongame species can brown, calcareous fine sandy loam. be attracted by establishing areas for nesting and escape Permeability and available water capacity are cover. For pheasants, undisturbed nesting cover is essen- moderate. The effective rooting depth is 60 inches or tial and should be included in plans for habitat develop- more. Surface nmoff is slow, and the erosion hazard is ment, especially in areas of intensive agriculture. Range- low land wildlife, for example, the pronghorn antelope, can be 1. 1 I WELD COUNTY, COLORADO, SOUTHERN PART 31 4 attracted by developing livestock watering facilities, establishing trees and shrubs, can be controlled by cul- z4' t managing livestock grazing and reseeding where needed. tivating only in the tree row and by leaving a strip of This soil has good potential for urban development. The vegetation between the rows. Supplemental irrigation `- only limiting feature is the moderately rapid permeability may be needed at the time of planting and during dry i. in the substratum, which causes a hazard of ground water periods. Trees-that are best suited and have good survival frt. -.. contamination from sewage lagoons. The loamy sand sur- are Rocky Mountain juniper, eastern redcedar, ponderosa ;;. face layer is a limitation for recreational development. pine, Siberian elm, Russian-olive, and hackberry. The : Once established, the lawns, shrubs, and trees grow well shrubs best suited are skunkbush sumac, lilac, and Siberi-0 Capability subclass Me irrigated, IVe nonirrigated; an peashrub. ,1 Sandy Plains-range site. Wildlife is an important secondary use of this soil. The r.: 45—Olney loamy sand, 3 to 5 percent slopes. This is a cropland areas provide favorable habitat for ring-necked deep, well drained soil on plains at elevations of 4,600 to pheasant and mourning dove. Many nongame species can q 5,200 feet. It formed in mixed outwash deposits. Included be attracted by establishing areas for nesting and escape ' , ;` in mapping are small areas of soils that have-sandstone cover. For-pheasants, undisturbed nesting cover is essen- ,4 and shale within a depth of 60 inches and some small tial and should be included in plans for habitat develop- leveled areas. ment, especially in areas of intensive agriculture. Range- Typically the surface layer of this Olney soil is grayish land wildlife, for example, the pronghorn antelope, can be brown loamy sand about 7 inches thick. The subsoil is yel- attracted by developing livestock watering facilities, lowish brown and very pale brown sandy clay loam about -managing livestockgrazing, and-reseeding where needed. 14 inches thick. The substratum to a depth of 60 inches is This soil-has good potential for urban development. The `` very pale brown,calcareous fine sandy loam. only limiting feature is the moderately rapid permeability t' " '. Permeability and available water capacity are in the substratum, which causes a hazard of ground water rmoderate. The effective rooting depth is 60 inches or contamination from sewage lagoons. The loamy sand sur- more. Surface runoff is slow, and the erosion hazard if face layer is a limitation for recreational development. low. Once established, the lawns, shrubs, and trees grow well. `, In irrigated areas this soil is suited to-the crops com- Capability subclass_IIIe irrigated, VI nonirrigated; Sandy monly grown in the area. Perennial grasses and alfalfa or Plains range site. close grown crops should be grown at least 50 percent of 46—Olney fine sandy loam, 0 to 1 the time. Close grown crops and percent slopes. p pasture came irrigated This isa deep, well drained soil on smooth plains at eleva- F with contour ditches and corrugations._Furrows, contour tions of 4,600 to 5,200 feet. It formed in mixed outwash farrows, and cross slope furrows are suitable for row deposits. Included in mapping are small areas-of-soils-that 'crops. Sprinkler irrigation is also desirable. Keeping til- have a dar-ksurface layer and some small leveled areas. lage to a minimum and utilizing cropresidue help to con- Typically the surface layer of this Olney soil is grayish trol erosion. Maintaining fertility and organic matter con- brown fine sandy loam about 10 inches thick. The subsoil tent is important. Crops respond-to barnyard manure and is yellowish brown and very pale brown sandy clay loam `commercial fertilizer. about 15 inches thick. The-substratum to a depth of 60 a�The potential native vegetation on this range site is inches is very pale brown, calcareous fine sandy loam. dominated by sand bluestem, sand reedgrass, and blue Permeability and -available water capacity are grama. Needleandthread, switchgrass, sideoats grama, -moderate. The effective rooting depth is 60 inches or ' and western wheatgrass are also -prominent. Potential more. Surface runoff is slow, and the erosion hazard is '-production ranges from 2,200 pounds per acre in favora- low. hie years-to 1,800 pounds in unfavorable years. As range This soil is used almost entirely for irrigated crops. It 'condition deteriorates, the sand bluestem, sandreedgrass, is suited to-all crops commonly grown in the area, includ- e and awitchgrass decrease and'blue grama, sand dropseed, ing corn, sugar beets, beans,-alfalfa, small grain, potatoes, Jed sand sage increase. Annual weeds and grasses invade and onions. An example of a suitable cropping-system is 3 the site as range condition becomes poorer. to 4 years oT alfalfa followed by corn, corn for silage, Management of vegetation on this soil should be based sugar beets, smallgrain, or beans. Few conservation prat- - 'IS taking-half and leaving-half of-the total annual produc- ticesareneeded to maintain top yields. _tloa.Seeding is desirablelf the range is in poor condition. All methods of irrigation are suitable, but-fun-ow ir- •$RM bluestem, sand reedgrass, switchgrass, sideoats rigation is the most common. Barnyard manure and com- - grams, blue grama, pubescent wheatgrass, and crested mercial fertilizer are needed for top yields. wrbeatgrass are suitable for seeding. The -grass selected Windbreaks and environmental plantings are generally abonid meet the seasonal requirements of livestock.lt can suited to this soil. Soil blowing, the principal hazard in is seeded into clean, firm sorghum stubble, or it can be establishing trees and shrubs, can be controlled by -cul- *Wed into a firm prepared seedbed. Seeding early in tivating only in the tree row and by leaving a strip of girbg has proven most successful. vegetation between the rows. Supplemental irrigation ';Windbreaks and-environmental plantings are generally -may be needed at the time of planting and during -dry tinted to this soil. Soil blowing, the principal hazard in periods. Trees that are best suited and-have good survival Kd N4'4 41 _;cd 2/24/86 COPY OF NOTIC-E SENT FIRST CLASS TO: COUNTY COMMISSIONERS D COUNTY COLORADO P. 0. BOX 758 EY, COLORADO 80632 KENNETH F. LIND, ATTORNEY AT LAW 1011 11TH AVENUE GREELEY, CO 80631 ci2/21a64:7/ "C'n�C:�C-�'L^L./ .`ter ' '% <7 f..,-",,,-"in • I E o g p � 4Sls ill ≥ F � g r OW N P``eS °� FG w° 2 N 1ti ) r cn ■ a �o ' Y 9 M 2— i 9 U] W '4 vi i .y W 00 ;41E 1 o c `4 -Q \ �''f oil r OCI 1 PI Ile' gge U �'1 v� tk U 8Itl ® W XF� 3[W0 a _ iIIiflj'JiJ � a F o off 3, Fww a °a Y r H I C! O * b X d * 34 of / I •" at8 I " O ••O 't 4 E pp UFO11111!] —0 z i-1 N O '4 w ��. ' WW -4aa ; � � � a PP w in z 12.c co W ,n z . W W v1 W W W W S armor , '. W 0.'1 H Ca +i.9 W al ti A F.• W w1 I , ^ bell, t O E16 locum S $ 1 g o z @ Ln IA al i r 04 6p� W O 7 Si c O O 7. W $ tl I Y H F. C] co £ 0 r' V W 1 �' SOU W _ _1o• .1 w26D ga O... ' r .. e a 2 4 A • o • ic � 3 . I Fri H 2,0] r.i .. � `1is , l � W H 'x -�`{ I p HP 4 c c z u co O N F ¢ F E S j+ 3 p VA I �. . 1 H •• j*i &igy i $ H U H o y� $W E' ` 0 cc 0 c4 W CO P7 I N • zdy S E w z N s -0 a w' _ pi W �+1 MI d J4 r ' H � D P• cz0 r `rr1i H � 00 $ a$ zoo p4 Ca fl1FiflhJJ III a$ ' t,. s34,F�. . H Y _ IO o Ia 6 S,1 .'Mfr t., p, _.. •x,.•+w+al . ttnniN�nee'PT :..71.July 1983 447445 . ,r":,f3 +w • • i s • .t,i _ 4, ..�•• .4►•. . i ,.. J I • r: W r h , 1' r:4 ill w W d N ¢ W -7 • 1 ,t , ,,„:,,, r . ic ma —.1114 y . zoo tu � W • OI 'a. l' U .. z7C s �: ZN4 C' . OO O OOO rf, tL 1 1711 - 59. _ �' - W O W r 1 Vi � I 9 g^• t .. .W c N !IIIH • $ co F•• I fi g 3 H ! .i z o i i'liiii: I A i I , di 1 1 g Niii F�riorbl'W N a .'a l", f:34 I-II- +u. • t ii tit , t 1/4O 11 v• 2 �, o • ` l7 C4 u:'Jill� . Hzo t p FOAL I'o • 1illi ° ' O :, , C).• O 1 ,, i -. , ;..1 . .i a : 0 .-4 i OD ' I . , a o M � r, to a _ r ! a 0 3 w _. , 0S:R+ 1.. . P°,2,R�7t111�lJ 1pT'. ;DI. iii3 447-846 ,•- '{ r -r—'C - �. `-1' • f . i . vitc:ilt... :to.. -. : , ;...-: ... • CY, -0 is 2 " -J �$ 4,. - ru N •_ t . V ac .•. O w O c4 0lzif, a x -O"Jp ajyGO w - O H 00 ! i7` •1111i1' �3 C.) DO U I • O ] 4. . pv 5-l�IF?F L 1-C1-21 n w ri'la I : I a ! IP1iH p , w �- ,r� i`. E-1 A Let (xW� = I ,. 4 .ti ei O re ?G s1 �C r' �qi W p4 --i c ...2____L'r.. -_.1. JC Datum INICEIPT EE e B E {w�p it y a a) y 4; m R. +, @« 1 1 M e ru 4 s up m r- CID i- ! I XaN E �o -4 H7. O1/4° ' F W H �O aIN i . T w ]$k 0 � ' 1jet L.ltt ii : 00 I to OO 00 3� Z�h Ua O Q O,E$ waaeLl Oi 6 IILL. W 'Y' '�a o p i fl1J4 9+ cnA cn mo Ia 9 "'t W a ..wm�. Q �..... -mry,......; I ..� 01 .441p i ce tT i a i e a \� __E P+ NZ Z $ I a P4 0O _ A a a` E1 Z D �. . a () :. w ; u to ia0 -a e:E : : is:i I OI.-I ! 5 47-1 in 3 n s r . 3 g n�_ � a v � ❑ia � 1 rm 0 a �. ❑m 6p m x tp x • tn „ R) 1•'uly REM 44744S p QL DOMESTIC RETURN RECEIPT a , -,.,--i: i t 1 I nJ 1) 1111 ' E 8 ' 4 I!!w s� !° li pa Igoo y...- :4- Cl. " S. - i t, u Jt ll9tIi :hI .. .I i _ 1,1 „. 1 O W S LL H o d' i a Jl. ❑ SAO X to X h (j d a� 9 s n• _1 aia. a I6,-,101..z DOMESTIC RETURN RECEIPT. 'r i t I SI 4 04 LSI '5 P5 ofll ' J H;Ii g $ E i rU � - 9 .4� S- u zOV U .-i u 614m g W wN 4 �•'� v H . o y fa 10 0 o 4 E Dxl iU r3':.. 61 ! i z � w a; a � r2 D❑& iIi 3 _ � • o C 'e 0I ¢ .it'D U 11 A. L D 3 10 • "�n I ,, a P. O E x 2 Ji I. 0H 5, W 614 LL ; o SJ .ti p 11LJIfWJ diji'i; � z H...asp 6 o E 4 o. r7 O Pi .!1I w W co D S. O0 oailx 4. # i w vo w v ir'b $ I "' � � o vii n > r 5 W O W O V] O z 'p�S. D .' p O q 2 I —1`f.S�y—'l co 1 fl Form 9H1.-ddy INS 447445 "TIC 11ETURM-$Mar d��e .,� 'R tip �i • I .� — 9924 i m • co a 51 a a •, 0o- O o Pa .ab� r' W rZ O, N Z= I 1 41 iim �jj g Pa 6 Z 10 • OD7H b a . l¢ aa Leir z O W O �LL �. HL = '1 R HMp a. FHJ1t 7k V]cl • .- n a + O •a-X, �# 451`r: m 2.n. Allan 7611,Jr y 1964 447445 t/ ,. ,� tI - TUN t Hello