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HomeMy WebLinkAbout931608.tiff DEPARTMENT OF PLANNING SERVICES IDPHONE(303)35345, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES C. 1400 N.17TH AVENUE GREELEY, COLORADO 80631 COLORADO August 20, 1993 Jim Kirkpatrick Right-of-Way Supervisor 1324 N. 7th Avenue Greeley, CO 80631 Dear Jim: Enclosed, please find a copy of a letter from a surrounding property owner who has some concerns relating to Associated Natural Gas' proposed hydrocarbon rail- loading facility. His questions probably will be best answered by you, or someone with Associated Natural Gas, Inc. , since you have the most knowledge about the operation of the proposed facility. If you would address his concerns before the Planning Commission Meeting, scheduled for September 7, 1993, I would appreciate it. Also, would you send me a copy of any correspondence between Mr. Righthouse and yourself? Thanks for your assistance. Sincerely, Greg Thompson Current Planner pc: Jerry L. Righthouse Mrs. Virginia Righthouse 8742 Independence Way 23201 Weld County Road 35 Arvada, CO 80005 La Salle, CO 80646 Enclosure 931608 et'S1/44 q31053 Jerry L. Righthouse 8742 Independence Way Arvada, CO 80005 0 AUG 6.199 3 Weld rc inty Planning Department of Planning Services Weld County 1400 N. 17th Avenue Greeley, CO 80631 Dear Sirs: This letter is in response to your July 22, 1993 notice regarding a development plan for a hydrocarbon rail loading facility located at "Part of the SE4 of Section 2, T4N, R66W of the 6th P.M., Weld County, Colorado." Our questions are: 1. What potential hazards exist for people living in the area from the presence of the hydrocarbon loading facility? 2. What preventive devices and measures will be in place to insure no hazardous problems occur? 3. In the event of an accident, what notification, corrective and assistance action plans will be in place? 4. In the event of harm or damage from an accident, what recourse procedures will be in place for claimants? We look forward to receiving your response. Sincerely, 19Levi/sib Jerry L. Righthouse cc: Mrs. Virginia Righthouse 23201 WCR #35 LaSalle, CO 80645 9:1050 ANGI ASSOCIITED NkkTIRIL 695, INC. August 27 , 1993 Arc 1993 %W 1"'-.�^tiyPlanning (Name of Landowner) (Address of Landowner) (Address of Landowner Dear Landowner(s) : In reply to your request for additional information concerning the proposed Railroad Loading Facility, I request your attendance on site Tuesday, August 31 , 1993 at 5 : 00 P.M . I have invited Bill Prentice, the Manager of Engineering with Associated Natural Gas, and Dennis Olin, the Railroad contractor for this project , to explain the technical aspects involved, and they will also answer any questions or concerns you may have . I appreciate your interest in this project , and I am looking forward to the Tuesday meeting . Sincerely, ASSOCIATED NATURAL GAS, INC. James F. Kirkpatrick Right-of-Way Supervisor JFK: skr 61/46 .6 )1/vCur, Ufih.�/9'7%Q!d .7)4-1 fig r+ c ,wC Pk' ��;�• "l V / /w 7.z� ,74x,o_A 5/04 /�- 15 A"' 7ys Ki« tie C/ 1324 NORTH 7TH AVENUE • GREELEY, COLORADO 80631 DENVER 572-8002 • GREELEY(303) 356-9701 • FAX(303) 572-3516 9?1059 SURFACE OWNERS Jerome H . and Lydia Loeffler 23896 Weld Co Rd 35 La Salle, Colorado 80645 A. C. and Marcella Valencia 23522 WCR 35 La Salle, Colorado 80645 Larry A. and Marilyn L. Barden 23533 Weld Co Rd 35 La Salle, Colorado 80645 Herbert E. and Ava L. Small Rt. 2, Box 79H La Salle, Colorado 80645 Jeff L. and Teresa J . Anderson 23795 Weld Co Rd 35 La Salle, Colorado 80645 Wade L. Wagner 23855 Weld Co Rd 35 La Salle, Colorado 80645 Evelyn B. Slife 23885 WCR 35 La Salle, Colorado 80645 Raymond G. and Teresa M. Nance 23915 Weld County Rd 35 La Salle, Colorado 80645 Wayne A. and Janet A. Haagenstad 23981 Co Rd 35 La Salle, Colorado 80645 Albert E . and Carole E. Bush 16940 Weld Co Rd 394 La Salle, Colorado 80645 Orlando R. and Gloria F. Mestas 16950 Weld Co Rd 394 La Salle, Colorado 80645 921..059 Curtis Harris 16750 Weld Co Rd 394 La Salle, Colorado 80645 Glenn J . and Kathy J . Werning 23822 Weld Co Rd 33-1/4 La Salle, Colorado 80645 Mario A. Martinez and Colleen Rose Rock 16711 Weld Co Rd 394 La Salle, Colorado 80645 Charlotte T. Hill 16200 W.C. R. 394 La Salle , Colorado 80645 Clayton C. Stanley and John T. Shinkle 2857 - 15th Ave Ct Greeley, Colorado 80631 Harry and Terry T. Matsushima 22505 Weld County Road 33 La Salle, Colorado 80645 Virginia M. Righthouse 23201 Weld Co Rd $35 La Salle, Colorado 80645 Jerry L. Righthouse 8742 Independence Way Arvada, Colorado 80005 Attention: Jim Miller Miller Feed Lots, Inc. , a Colorado Corporation 23360 Weld Co Rd 35 La Salle, Colorado 80645 8/27/93 93'1.450 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Bud Clemons that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR-1024 APPLICANT: Associated Natural Gas REQUEST: A Site Specific Development Plan and a Special Review permit for a hydrocarbon rail loading facility in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SE4 of Section 2, T4N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1 mile west of the Town of LaSalle. be continued, based on the recommendation of the Department of Planning Services' staff to September 7, 1993, at 1:30 p.m. , because the applicant posted the sign after the legal date. The applicant has posted a sign which indicates the case will be heard on September 7, 1993. Shirley Camenisch seconded the motion. VOTE: For Passage Against Passage Richard Kimmel Juliette Kroekel Bill O'Hare Shirley Camenisch Bud Clemons Judy Yamaguchi The Chairperson declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Sharyn Ruff, Recording Secretary for 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, Color o, adop on September 7, 1993. D. ed the of Augus Sharyn F. Ruff Secretary AUG- 4-93 WED 16:48 WSM&T FAX NO. 3038322366 P. 02 WELBORN SULLIVAN MECK& TOOLEY, P.C. ATTORNEYS AT LAW 1700 5ROADWAY.SUITE 1020 DENVER.COLORADO 50200.1501 TELEPHONE. 1303)530-4500 FACSIMILE: 1303) 532.4355 Molly L. Sommerville Attorney at Law • August 4, 1993 VIA FACSIMILE AND BY MAIL 1-351-0978 Mr. Greg Thompson Land Use Planner Department of Planning Services 915 10th Street Greeley, CO 80631 Re: Use by Special Review Application Associated Natural Gas, Inc. Hydrocarbons Railroad Car Loading Facility Township 4 North, Rance 66 West Section 2 ; NE/4SE/4 Dear Mr. Thompson: The purpose of this letter is to provide you with a response for Union Pacific Resources Company (UPRC) with respect to the above-referenced Application. It appears that UPRC was notified of the Application because it owns minerals in the N/2NW/4 of Section 11 as identified in Addendum 1 to the Special Use Application. For your information, UPRC also owns all of the minerals in the railroad right-of-way that directly abuts the proposed location of the hydrocarbons railroad car loading facility in the SE/4 of Section 2. With respect to the mineral interests which UPRC owns in Section 11, UPRC has no objection to the Application that has been filed by Associated Natural Gas, Inc. UPRC also has no objection to the Application with respect to the mineral interests that it owns under the railroad right- of-way in Section 2 in that it has received certain assurances from Agricultural Properties, Inc. (API) with respect to mineral . development for the property that is identified as Proposed Parcel "B" , a description of which is attached to this letter. The legal description that I have attached describes what I understand to be approximately 25 acres north and east of the 17- acre parcel upon which the hydrocarbons railroad car loading facility will be sited. SA AUG 4 '93 15:48 3038322366 PRGE.002 921.050 AUG- 4-93 WED 16:48 WSM&T FAX NO. 303832?369 P. 03 Mr. Greg Thompson August 4, 1993 Page 2 Please be aware that this letter is written on behalf of UPRC only and that Union Pacific Railroad Company might provide its own response to the Application. If you have any questions regarding this matter, please call me. Best regards, Molly Sommerville MS/mik Enclosure cc; Mr. Tom Brock Kendor P. Jones, Esq. Steve Goodsell, Esq. (w/encl. ) c:\union-m 9.9059 AUG- 4-93 WED 16:49 WSM&T FAX NO. 3038322366 P. 04 HENKEl5 MC�O 1 �...2z . ENGINEERING DIVISION DESCRIPTION OF PROPOSED PARCEL• B' A parcel of land located in the Southeast Quarter of section 2, Township 4 North, Range 66 west of the Sixth Principal Meridian Weld County, Colorado, more particularly described as follows ; BEGINNING at the East Quarter corner of said Section 2, an aluminum cap found, WHENCE the Southeast corner of said Section 2, a #4 rebar found, bears S 01°36 '48" E a distance of 2702. 59 feet; Thence S 89°06 '42" w along the north line of said Southeast Quarter of Section 2 a distance of 2607.44 feet to the west line of said Southeast Quarter of Section 2 ; Thence S 00°33' 28" E along said west line a distance of 159.36 feet to the existing centerline of Union Ditch , Book 307 , Page 407, as recorded •in the Weld County clerk and Recorders Office; Thence the following ( 15) fifteen courses along said existing centerline of the Union Ditch, 1 ) 5 67°03' 28" E a distance of 72. 18 feet; 2) S 86°29' 06" E a distance of 107 . 34 feet; 3) N 71°50' 19" E a distance of 96. 27 feet ; 4) N 54°18 ' 25" E a distance of 110 . 77 feet ; 5) N 67°18 ' 50" E a distance of 149 . 60 feet; 6) S 88°46 !33" E a distance of 88.46 feet; 7), S 41° 10' 19" E a distance of 148 . 09 feet; 8) S 54°40' 20" E a distance of 85.95 feet; 9) S. 61°08'09" E a distance of 293. 67 feet ; 10) S 54°54' 47" E a distance of 201 . 26 feet; 11 ) S 76°51 ' 17" E a distance of 58.38 feet; 12) s 83°56' 27" E a distance of 152. 30 feet; 13) S 57°47 '34" E a distance of 146 . 80 feet; 14) 5 74°37 ' 46" E a distance of 128 . 12 feet; 15) N 86°48'46" E a distance of 71 .67 feet; Thence S 00°00'00" E a distance of 78.37 feet to a point that is 75.00 feet northerly of the existing centerline of the Union Pacific Railroad tracks; Thence N 85°03' 21 " E 15.00 feet northerly of and parallel with said existing centerline of the Union Pacific Railroad tracks a distance of 174.06 feet to the westerly line of an exception to a parcel of land described in Reception #02210070, Book 1260, as recorded in the Weld County Clerk & Recorder' s Office; Thence N 00° 00' 00" W along said westerly line of an exception parcel a distance of 58. 22 feet to the northerly line of said exception parcel ; Thence N 85°03' 21" E along said northerly line of an exception parcel a distance of 752. 72 feet to the east line of said Southeast Quarter of Section 2; Thence N 01°36 '48" W along said east line of the Southeast Quarter of Section 2 a distance of 580 . 75 feet to the Point Of Beginning ; Said parcel contains 25 .466 acres, more or less . � v DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140C. GREELEY, N ORAAVENUEO631 COLORADO 80631 COLORADO r7.7. Date: July 21, 1993 CASE NUMBER: 1U2� 2 3 1993 TO WHOM IT MAY CONCERN: Weld Cam/Planning Enclosed is an application from Associated Natural Gas for a Site Specific Development Plan and a Use by Special Review for a hydrocarbon rail loading facility in the A (Agricultural) zone district. The parcel of land is described as part of the SE4 of Section 2, T4N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately one mile west of the Town of LaSalle. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by August 4, 1993, so that we may give full consideration to your recommendation. Please call Greg Thompson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. C— Signed: 9C ,ff -- Agency: e"ee---"e s VO�/`4 Gy Date: z 2 ?.3 O / 971050 mEmORAnDUm To W Greg Thompson Weld County Planning Dats July 27, 1993 COLORADO John S. Pickle, M.S.E.H. , Director, Environmental Heal From Case Number: USR-1024 Name: Associated Natural Gas Subject Environmental Protection Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. Any required Emissions Permit is obtained from the Air Pollution Control Division, Colorado Department of Health for fugitive dust and odors. 3. No permanent disposal of wastes shall be permitted at this site. 4. Wood shavings, saw dust, and waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 5. The maximum permissible noise level shall not exceed the light industrial limit of 70 dB(A) , as measured according to 25-12-102, Colorado Revised Statutes. 6. Adequate toilet facilities shall be provided for the public and employees. 7. An individual sewage disposal system, is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 8. A spillage retention berm shall be required around the storage and loading area. The volume retained by the spillage berm should be greater than the volume of the largest tank inside the berm. 9. The Division requires that this facility utilize existing public water supply. 10. Individual Sewage Disposal System permit must be finalized and approved by an Environmental Protection Specialist within one (1) year of the application date. 11. All construction activities are required to obtain a stormwater discharge permit from the Colorado Department of Health, Water Quality Control Division. JSP/lam-1450 JUL 2 7 1993 11 Weld Nifty Planning DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES Will C. 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO Date: July 21, 1993 JUL ? ?C�aJE NUMBER: USR-1024 TO WHOM IT MAY CONCERN: Enclosed is an application from Associated Natural Gas for a Site Specific Development Plan and a Use by Special Review for a hydrocarbon rail loading facility in the A (Agricultural) zone district. The parcel of land is described as part of the SE4 of Section 2, T4N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately one mile west of the Town of LaSalle. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by August 4, 1993, so that we may give full consideration to your recommendation. Please call Greg Thompson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. " /� Please e refer to the enclosed letter. Signed: iQcnttc*Le4≤ Silt Agency: ��.illa..41(1 FI44o Date: 7R(-je-�t'q 3 921.050 !_� MEMORAI1DUM hiDe ro Greg Thompson Planning Date July 29, 1993 COLORADO From Don Carroll Lift Subject: Associated Natural Gas USR - 1024 I have visited the proposed location on WCR 35 and have the following comments: 1. The proposed site plan drawing shows the facility is about 300' from WCR 35. The access appears to be through the railroad right-of-way to WCR 35, a distance of 60' from the center of the existing railroad tracks. The sight distance to the north is 500' before dropping out of sight. The posted speed limit is 55 mph on this stretch. The safe stopping sight distance from the AASHTO highway design book is 450' to 550' . I would like a statement from the applicant or a detail showing or telling the following things. I would like to see the access pave back through the radius onto WCR 35 which was just paved to keep from breaking the new pavement off or dragging gravel upon the asphalt mat with a 15" CMP culvert if needed at this access. 2. At the office location, I am not seeing any off-the-street-parking provided. The applicant needs to provide numbers of trucks using the facility and size within a 24-hour period. 3. I would also like a typical section describing haul road width and depth of gravel. 4. I would also like to see some dust abatement applied on the haul road to keep the dust down at this facility. cc: Commissioner Baxter File USR-1020 mgreg6.pds 9:1.050 rat4 DEPARTMENT OF PLANNING SERVICES PHONE (303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE O GREELEY, COLORADO 80631 • JUL 2 3 1993 COLORADO „ow.Oil. Date: July 21, 1993 CASE NUMBER: USR-1024 TO WHOM IT MAY CONCERN: Enclosed is an application from Associated Natural Gas for a Site Specific Development Plan and a Use by Special Review for a hydrocarbon rail loading facility in the A (Agricultural) zone district. The parcel of land is described as part of the SE4 of Section 2, T4N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately one mile west of the Town of LaSalle. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by August 4, 1993, so that we may give full consideration to your recommendation. Please call Greg Thompson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. Y-x We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed: /f: /% r Agency:Co oeApo Di z. 4 g95 COw5MVA_/aN C0 olnI15,5i ON Date: 1-r)7-43 D Ec�"�r� �.L_i;{ AUG 2 1993 1-1 eu,a.. ..-Ry Plan1g>105 1 DEPARTMENT OF PLANNING SERVICES PHONE (303)353-3845, EXT. 3540 t50Ats 4414 WELD COUNTY ADMINISTRATIVE OFFICES C. 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO Date: July 21, 1993 CASE NUMBER: USR-1024 TO WHOM IT MAY CONCERN: Enclosed is an application from Associated Natural Gas for a Site Specific Development Plan and a Use by Special Review for a hydrocarbon rail loading facility in the A (Agricultural) zone district. The parcel of land is described as part of the SE4 of Section 2, T4N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately one mile west of the Town of LaSalle. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by August 4, 1993, so that we may give full consideration to your recommendation. Please call Greg Thompson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. XX A formal recommendation is under consideration and will be submitted to you prior to: as soon as possible 5. Please refer to the enclosed letter. Signed: (0d)2'-- Agency: Union Ditch Company Secretary „„%, [:" Date: August 3 , 1993 c `VJ�`"il� 1 AU6 1993 'Mehl a-n.gy Planning 9 i.O59 DEPARTMENT OF PLANNING SERVICES PHONE (303) 353-3845, EXT. 3540 WE' D WELD COUNTY ADMINISTRATIVE OFFICES 140C. GREELEY, N. ORAAVENUEO631 COLORADO 80631 COLORADO Date: July 21, 1993 CASE NUMBER: USR-1024 TO WHOM IT MAY CONCERN: Enclosed is an application from Associated Natural Gas for a Site Specific Development Plan and a Use by Special Review for a hydrocarbon rail loading facility in the A (Agricultural) zone district. The parcel of land is described as part of the SE4 of Section 2, T4N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately one mile west of the Town of LaSalle. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by August 4, 1993, so that we may give full consideration to your recommendation. Please call Greg Thompson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5 . Please refer to the enclosed letter. Signet43$ l ,..> Agency: (J(l n lot! Date: a rot /O I?93 \I AUG 3 1993 Weiti a-uMy Planning t1.059 FIELD CHECK FILING NUMBER: USR-1024 DATE OF INSPECTION: 1-1/ 567/(L3 APPLICANT'S NAME: Associated Natural Gas CURRENT PLANNER: Greg Thompson REQUEST: A Site Specific Development Plan and a Special Review permit for a hydrocarbon rail loading facility in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SE4 of Section 2, T4N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1 mile west of the Town of LaSalle. LAND USE: N P060 C/11✓ s C.eiiv fl / Row bit W ki1�i ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) /�W A (Agricultural) // a 0.-e/10-4A,ENT l t�f ( a�� / .9 f 5 �!l !�j F I-O:13� WS rsriA0 lwL` 3 Nn 14e- Sift- o Rp,.�- s4e Q-F WtP-ss stir d- w&h4 Sir 4 std.. ►\pa sli�Cu ` ` S ere- thav `f' -a- f s `( -ekvbAaltif-t),f ), ohs 6e, a 46 921059 ,Ca Salle lire Protection District PHONE: 284-6336 rgR7C-r° AUG 2 7 1993 WNalrl r-1/my Planning MEMO. DATE: AUGUST 26, 1993 TO: GREG THOMPSON FROM: GARY SANDAU - RE : ASSOCIATED NATURAL GAS RAIL LOADING FACILITY I have reviewed all of the information supplied by your office concerning the proposed Associated Natural Gas Inc . (ANGI ) Rail Loading Facility. After reviewing the information I met with right of way supervisor , James Kirkpatrick, for ANGI . While we were discussing the proposed facility Mr . Kirkpatrick stated that he would supply me with some updated information. As of today I have not received any additional information. There are three major concerns which I would like to have addressed . The La Salle Fire Department would like to have a fire hydrant near the facility, emergency shut down (ESD) buttons should be installed at the facility along with excessive flow valves . I look forward to working with the ANGI safety coordinator in regard to fire safety needs at this facility. 118 MAIN STREET P.O. BOX 414 LA SALLE, COLjjQraD645 FIELD CHECK FILING NUMBER: USR-1024 DATE OF INSPECTION: August 6, 1993 APPLICANT' S NAME: Associated Natural Gas REQUEST: A Site Specific Development Plan and a Special Review permit for a hydrocarbon rail loading facility. LEGAL DESCRIPTION: Part of the SE4 of Section 2, T4N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1 miles west of LaSalle. LAND USE: N Union Ditch, pasture, hay, rural residence E Pasture, oil and gas production, feed lot S Irrigated crops, rail line, oil and gas production W Rural residence, oil and gas production, dryland crops ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: The site is level. Access road to site south of railroad. Weld County Road 35 was recently chip sealed. Ground to the north is significantly lower in elevation. Weld County Road 33 is gravel and Weld County Road 394 is paved. Access road goes from Weld County Road 35 along the railroad tracks, through to Weld County Road 33. Greg Thompson Current Planner s :i.oss DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140C. GREELEY, N. ORA O8NUE COLORADO 80631 COLORADO Date: July 21, 1993 CASE NUMBER: USR-1024 TO WHOM IT MAY CONCERN: Enclosed is an application from Associated Natural Gas for a Site Specific Development Plan and a Use by Special Review for a hydrocarbon rail loading facility in the A (Agricultural) zone district. The parcel of land is described as part of the SE4 of Section 2, T4N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately one mile west of the Town of LaSalle. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by August 4, 1993, so that we may give full consideration to your recommendation. Please call Greg Thompson, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed: Agency: Date: .fl5f! REFERRAL LIST NAME: Associated Natural Gas CASE NUMBER: USA-1024 REFERRALS SENT: July 23, 1993 REFERRALS TO BE RECEIVED BY: August 6, 1993 COUNTY TOWNS and CITIES Attorney Ault — X Health Department _Brighton Extension Service Broomfield — X Emergency Management Office _Dacono Sheriff's Office Eaton -- X Engineering Erie _Housing Authority X Evans _Airport Authority Firestone Building Inspection _Fort Lupton Frederick STATE Garden City Division of Water Resources Gilcrest _ _Geological Survey _Greeley _Department of Health Grover _Department of Transportation Hudson Historical Society _ _ Johnstown Water Conservation Board Keenesburg —' X Oil and Gas Conservation Commission Kersey X La Salle FIRE DISTRICTS _Lochbuie Ault F-1 _Longmont _ Berthoud F-2 _Mead _ Briggsdale F-24 _Milliken _Brighton F-3 _New Raymer _Eaton F-4 _Northglenn _Fort Lupton F-5 Nunn Galeton F-6 _Pierce _Hudson F-7 _Platteville Johnstown F-8 ____Severance X La Salle F-9 ____Thornton _Mountain View F-10 _Windsor _Milliken F-11 Nunn F-12 COUNTIES Pawnee F-22 Adams _ _Platteville F-13 _Boulder Platte Valley F-14 Larimer _ Poudre Valley F-15 Raymer F-2 FEDERAL GOVERNMENT AGENCIES _Southeast Weld F-16 _US Army Corps of Engineers _Windsor/Severance F-17 USDA-APHIS Veterinary Service _Wiggins F-18 _Federal Aviation Administration Western Hills F-20 Federal Communication Commission OTHER SOIL CONSERVATION DISTRICTS Central Colo. Water Conservancy Dist. _Brighton _ _Panhandle Eastern Pipe Line Co. Fort Collins _Tri-Area Planning Commission Greeley X Union Ditch _Longmont c/o Donna L. Coble West Adams P.O. Box 449 Greeley, CO 80632 COMMISSION/BOARD MEMBER X Molly Summerfield - X Judy Yamaguchi UP Rail Concerns 9a. 1.1059 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners and owners and lessees of minerals in accordance with the notification requirements of Weld County in Case Number USR-1024 for Associated Natural Gas in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list. this 4th day of August, 1993. 9 A.059 SURROUNDING PROPERTY AND/OR MINERAL OWNERS INTEREST OWNERS/SUBSURFACE ESTATE Associated Natural Gas USR-1024 Central Bank of Greeley F/A/O Terry T. and Harry S. Matsushima P.O. Box 1408 Greeley, CO 80632 Snyder Oil Corporation P.O. Box 970102 Dallas, TX 75397 Pardee Exploration Company 1650 Market Street, 33rd Floor One Liberty Place Philadelphia, PA 19104 WILCO Properties, Inc. 4849 Greenville Avenue Two Energy Square, Suite 560 Dallas, TX 75206 Robert Allen Venable Trustee U/W R.H. Venable 2121 San Jacinto, Suite 2900 LB29 Sulphur River Exploration, Inc. 5949 Sherry Lane, Suite 755 Dallas, TX 75225 S. Duff Kerr P.O. Box 6749 Denver, CO 80206 Kamal C. Jain P.O. box 670505 Houston, TX 77267-0505 Robert T. Alaniz 12633 Memorial Drive #160 Houston, TX 77024-4850 Union Pacific Resources Company P.O. Box 651142 Charlotte, NC 28228 SURROUNDING PROPERTY AND/OR MINERAL OWNERS INTEREST OWNERS/SUBSURFACE ESTATE Associated Natural Gas USR-1024 - Page 2 Basin Exploration Acct - 36517 F/A/O Union Pacific Resources P.O. Box 1290 Texas Commerce Bank/Ft. Worth Fort Worth, TX 76101-1290 Floyd 0. and Katharina Nichols 19546 Road 30 Brush, CO 80723 Lloyd W. and Edna Rumsey 15999 Weld County Road 50 La Salle, CO 80645 Albert and Carole Bush 16940 Weld County Road 394 La Salle, CO 80645 Ruth Berkenkotter 2410 S. Quitman Street Denver, CO 80219 Lila Elliott 3368 S. Oneida Way Denver, CO 80224 Joe Werning 2710 19th Street Drive, Apt. 4 Greeley, CO 80631 Helen Pauline Shaffer 211 South Gunnison Buena Vista, CO 81211 Charles and Judy Niccoli 16687 Weld County Road 394 La Salle, CO 80645 Herbert E. and Ava L. Small 23693 Weld County Road 35 La Salle, CO 80645 9.71059 SURROUNDING PROPERTY AND/OR MINERAL OWNERS INTEREST OWNERS/SUBSURFACE ESTATE Associated Natural Gas USR-1024 - Page 3 Elaine C. Rice 16663 Weld County Road 394 La Salle, CO 80645 Jeff L. and Teresa J. Anderson 23795 Weld County Road 34 La Salle, CO 80645 Ellis H. Lois J. Luther 16957 Weld County Road 394 La Salle, CO 80645 Kathlene M. and Marlene F. Stroh 16843 Weld County Road 394 La Salle, CO 80645 Larry A. and Marilyn L. Barden 23533 Weld County Road 35 La Salle, CO 80645 Margaret Crandall 16750 Weld County Road 394 La Salle, CO 80645 A.C. and Marcella M. Valencia 23522 Weld County Road 35 La Salle, CO 80645 Wayne A. and Janet A. Haagenstad 23981 County Road 35 La Salle, CO 80645 Glenn Warning 23822 Weld County Road 33-1/4 La Salle, CO 80645 Mary Odenbaugh 11100 Weld County Road 38 Platteville, CO 80651 Linda Fagerberg 1912-34th Street Greeley, CO 80631 9:1.059 SURROUNDING PROPERTY AND/OR MINERAL OWNERS INTEREST OWNERS/SUBSURFACE ESTATE Associated Natural Gas USR-1024 - Page 4 Gary Werning 509 Oak Street Windsor, CO 80550 Adolph C. and Diana K. Bauer Gerold 23885 Weld County Road 35 La Salle, CO 80645 Katherine Elizabeth Dahlin P.O. Box 145 Evans, CO 80620 Norman and Cecelia Gurney 16865 Weld County Road 394 La Salle, CO 80645 Paul L. and Christie L. Geist 23915 Weld County Road 35 La Salle, CO 80645 Arlo Richardson P.O. Box 328 Greeley, CO 80632 C.A. Patchen 3151 S. Jasmine Denver, CO 80222 Jeanette D. Troup 3102 17th Avenue, Apt. 172 Greeley, CO 80631 Estate of Jesse Werning Joe Werning - Pers. Rep. 2710 19th Street Drive, #4 Greeley, CO 80631 ' Estate of Marion C. Dahlin, Ronald M. Dahlin, Pers. Rep. P.O. Box 8417 Ft. Collins, CO 80524 911 059 SURROUNDING PROPERTY AND/OR MINERAL OWNERS INTEREST OWNERS/SUBSURFACE ESTATE Associated Natural Gas USR-1024 - Page 5 Mineral Resources, Inc. P.O. Box 328 Greeley, CO 80632 Margaret June Ewing Clement 22080 Weld County Road 33 La Salle, CO 80645 Robert T. and Mardelle L. Ewing 16512 Weld County Road 46 La Salle, CO 80645 Robert L. Snyder 807 Aspen Drive Cody Wyoming 82414 Frank Wilson III 1250 NE Loop 410, Ste. 300 San Antonio, TX 78209 Nina Sue Storm 1989 Trust Donna Storm Barrow TTEE 3900 Lakeplace Lane Austin, TX 78746 Nina B. headley 22335 Weld County Road 35 La Salle, CO 80645 Jeroma H. and Lydia Loeffler 23896 Weld County Road 35 La Salle, CO 80645 A.C. and Marcella Valencia 23522 Weld County Road 35 La Salle, CO 80645 Larry A. and Marilyn L. Barden 23533 Weld County Road 35 La Salle, CO 80645 S?a 05f) SURROUNDING PROPERTY AND/OR MINERAL OWNERS INTEREST OWNERS/SUBSURFACE ESTATE Associated Natural Gas USR-1024 - Page 6 Herbert- E. and Ava L. Small Rt. Box 79H Salle, CO 80645 Jeff L. -and Teresa J. Anderson 237 Weld County Road 35 Li Salle, CO 80645 Wade L. Wagner 23855 Weld County Road 35 La Salle, CO 80645 Evelyn B. Slife 23885 Weld County Road 25 La Salle, CO 80645 Raymond G. and Teresa M. Nance 23915 Weld County Road 35 La Salle, CO 80645 Wayne A. and Janet A. Haagenstad 23981 County Road 35 Lp'Salle, CO 80645 Albert E. and Carole E. Bush 16940 Weld County Road 394 La Salle, CO 80645 Orlando R. and Gloria F. Mestas 16950 Weld County Road 394 La Salle, CO 80645 Harry and Terry T. Matsushima 22505 Weld County Road 33 La Salle, CO 80645 Curtis Harris 16750 Weld County Road 394 La Salle, CO 80645 SURROUNDING PROPERTY AND/OR MINERAL OWNERS INTEREST OWNERS/SUBSURFACE ESTATE Associated Natural Gas USA-1024 - Page 7 A.C. and Marcella Valencia 23522 Weld County Road 35 La Salle, CO 80645 Glenn J. and Kathy J. Werning 23822 Weld County Road 33-1/4 La Salle, CO 80645 Mario A. Martinez and Colleen Rose Rock 16711 Weld County Road 394 La Salle, CO 80645 Clayton C. Stanley and John T. Shinkle 2857 - 15th Avenue Court Greeley, CO 80631 Vrigina M. and Jerry L. Righthouse 23201 Weld County Road 35 La Salle, CO 80645 Charlotte T. Hill 16200 Weld County Road 394 La Salle, CO 80645 DEPARTMENT OF PLANNING SERVICES I PHONE (303)353-3845, EXT.3540 WI II WELD COUNTY ADMINISTRATIVE OFFICES 140O GREELEY, N. ORAAVENUEO631 COLORADO 80631 COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday, August 17, 1993 at 1:30 p.m. for the purpose of considering a Site Specific Development Plan and a Special Review permit for the property described below. Approval of the request may create a vested property right pursuant to Colorado Law. APPLICANT: Associated Natural Gas LEGAL DESCRIPTION: Part of the SE4 of Section 2, T4N, R66W of the 6th P.M. , Weld County, Colorado. TYPE AND INTENSITY OF PROPOSED USE: A hydrocarbon rail loading facility in the A (Agricultural) zone district. LOCATION: Approximately 1 mile west of the Town of LaSalle. SIZE: 42.967 acres, more or less. The public hearing will be held in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631, before the above date or presented at the public hearing on August 17, 1993. Copies of the application are available for public inspection in the Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631 - Phone - 353-3845, Extension 3540. Judy Yamaguchi, Chairperson Weld County Planning Commission To be published in the Windsor Beacon To be published one (1) tin b my 29, 1993. Received bY �'-- Date: !C.i O5 AFFIDAVIT OF PUBLICATION STATE OF COLORADO ss COUNTY OF WELD I, KITH HANSEN, of said County of Weld, being duly sworn,say that I am publisher of apnea OF Put= SIZE: 42.967 acres, !AM meteor Ms. WINDSOR BEACON The Weld County The Public hearing MI a weekly newspaper a general circulation in said Panning Commission be hold in the Weldhaving will hold a public C o u n t y County and State, published in the town of WINDSOR, hearing on Tuesday, Commissioners' in said County and State; and that the notice, of which August 17, 1993 at Hearing Room, First the annexed is a true copy, has been published in said 1:30 p.m. for the Fes. Weld County weekly for. _successive weeks, that the notice pompom of considering Conamnia,Center,915 i Rita £pasha Tenth Street,Greeley, was published in the regular and entire issue of every Dswupment Plan and Colorado. Comments number of the paper during the period and time of a Special Review aoblectione related to publication, and in the newspaper proper and not in a peatdt for the properly the above request supplement, and that the first publication of said notice described beim. ahem be submipd in PP Ap rodudithe nod writing to the Weld was in said paper bearing the date of the may Mesh,a vested Cmiefiy DePailmilet of .f a Planning Services, o(°y day of , A.D., 19 Li and property Cslwadoh Law.right pursuant 1400 1400 NN. 17th Avenue, the last publication ea*he date of the before the APPLICANT : aboveolorado date or day of , A.D., 19_ and Assoolated Natural presented at the►rbac that the said WINDSOR BEACON has been published Gas homing on August 17, continuously and uninterruptedly for the period of 5 is90. LEGAL consecutive weeks,in said County and State, prior to the DESCRIPTION:Pan of Copies of the date of first publication of said notice, and the same is a the SE4 of Section 2, application are newspaper within the meaning of an Act to regulate TIN, R66W of the nth ava%bfe for public printing of legal notices an advertisements, approved P.M., Weld County, inapectlon In the May 18, 1931,and all prior cts ar as in force. CaYrado. Department ' of Planning Services, TYPE AND 1400 N. 17th Avenue, INTENSITY OF Greeley, Colorado PROPOSED USE: A S0S31 • Phone -863 c P USHER hydrocarbon rail 3946,Extension Sao leader facility in the A et (Agricultural) zone Judy Yamagaohl, Subscri and sworn to before me this 3-O day Watt. Chairperson, Weld of 19 i • County ApproximatelLOCATyy 1O mart Commission PlatssHg Si (2f- 2hLyxise4 west of the Town of Published ill be NO ARY PUBLIC LaSalle. MRsdaer braes.en. 24,..e.7 �>r,lia8. My commission expires 9z.4 i 27 !inter . 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Apf pa kt 2 c.x ,"' - I y5"4 • ea m' :AI C•.1.rgyx,,. a�: a..-air' i" >�! r;re;w . 40:1 (1/4r4it , DEPARTMENT OF PLANNING SERVICES PHONE (303)353-3845, EXT.3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400NUE GREELEY, NORAO8631 COLORADO 80631 COLORADO DATE: July 22, 1993 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: USA-1024 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, August 17, 1993, at 1:30 p.m. , in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado concerning the request of: NAME: Associated Natural Gas FOR: A Site Specific Development Plan and a Special Review permit for a hydrocarbon rail loading facility in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SE4 of Section 2, T4N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1 mile west of the Town of LaSalle. Your property is within five-hundred (500) feet of the property on which this request has been made or you may have an interest in the minerals located under the property under consideration. For additional information write or telephone Greg Thompson, Current Planner. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631, on or before the date of public hearing. 971059 DATE: September 7, 1993 CASE NUMBER: USR-1024 NAME: Associated Natural Gas ADDRESS: 900 Republic Plaza, Denver, CO 80217 REQUEST: A Site Specific Development Plan and a Use by Special Review Permit for a Hydrocarbon rail loading facility in the A (Agricultural) Zone District. LEGAL DESCRIPTION: Part of the SE4 of Section 2, T4N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1 mile west of La Salle. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: The proposed use of a Hydrocarbon rail loading facility is provided for as a Use by Special Review in the Agricultural zone district. Reasonable efforts have been made to avoid productive cropland. The proposed use is on an elevated bluff which is relatively inaccessible and is presently in native grasses. The facility will not have an undue adverse effect on existing and future development of the surrounding area. Surrounding land uses include irrigated crops, a feedlot, rural residences, oil and gas production, the Union Ditch, and a rail line. The design of the proposed facility and development standards will mitigate negative impacts on the surrounding area to the greatest extent feasible. The site will be maintained in such a manner so as to control soil erosion, dust, and the growth of noxious weeds. No overlay districts affect the site. Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and county. 9:1059 RECOMMENDATION, USR-1024 Associated Natural Gas. Page 2 This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Before recording the plat: A. The plat shall be amended to include a vicinity map and enough room to include the approved development standards for this proposed land use. B. The plat shall be amended to include two off-street parking spaces for employees which conform to the Zoning Ordinance requirements. C. A recorded exemption shall be submitted and approved to create the 17 acre parcel. D. The application shall be amended to reflect the 17 acre site. E. The applicant shall supply the County Engineering Department with a typical cross section describing haul road width and material depth. F. The applicant shall supply an executed access agreement between Associate Natural Gas, Inc. and Union Pacific which indicates the use of the access road to the 17 acre site can be utilized by Associated Natural Gas, Inc. 4. Before operation of this facility commences, the applicant shall install a fire hydrant along Weld County Road 35, in the vicinity of the intersection of the on-site access road. .97 1059 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Associated Natural Gas USR-1024 1. The Site Specific Development Plan and Special Review permit is for a Hydrocarbon rail loading facility in the A (Agricultural) zone district as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. The hours of operation for this facility shall be limited to 7:00 a.m. - 6:00 p.m. 4. "No smoking" signs shall be placed every 100 feet on the fence surrounding the site and at the entrance and exit. 5. Central Weld County Water District shall provide water to the site. 6. The access point to the site shall be paved through a 50 foot radius onto Weld County Road 35. A 15 inch CMP culvert shall be put in place if necessary. 7. The applicant shall provide two off-street parking spaces according to the Zoning Ordinance for on-site employees. 8. Dust abatement shall be applied on the access road from Weld County Road 35 to the site access. 9. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 10. Any required Emissions Permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health for fugitive dust and odors. 11. No permanent disposal of wastes shall be permitted at this site. 12. Waste materials shall be handled, stored and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 13. The maximum permissible noise level shall not exceed the light industrial limit of 70 dB(A) , as measured according to 25-12-102, Colorado Revised Statutes. 14. Adequate toilet facilities shall be provided for the public and employees. 15. An individual sewage disposal system shall be required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. • .1059 DEVELOPMENT STANDARDS, USR-1024 Associated Natural Gas Page 2 16. A spillage retention berm shall be installed around the storage and loading area. The volume retained by the spillage berm shall be greater than the volume of the largest tank inside the berm. 17. The Individual Sewage Disposal System permit shall be finalized and approved by an Environmental Protection Specialist within one year of the application date. 18. All construction activities are required to obtain a stormwater discharge permit from the Colorado Department of Health, Water Quality Control Division. 19. The applicant shall install excess flow valves at this site as required by the La Salle Fire Protection District. 20. Emergency shut down valves shall be located in several conspicuous locations away from the loading portion of the facility as required by the La Salle Fire Protection District. 21. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 22. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 23. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 24. Personnel from the Weld County Health Department, La Salle Fire Protection District, and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 25. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 26. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. #0-o . p DEPARTMENT OF PLANNING SERVICES liD PHONE (303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES C. 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO July 21, 1993 Associated Natural Gas 900 Republic Plaza Denver, CO 80217 Subject: USR-1024 - Request for a Site Specific Development Plan and a Special Review permit on a parcel of land described as part of the SE4 of Section 2, T4N, R66W of the 6th P.M. , Weld County, Colorado. Dear Sirs and Madams: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Weld County Planning Commission for August 17, 1993, at 1:30 p.m. This meeting will take place in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members might have with respect to your application. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the City of Evans and Town of LaSalle Planning Commissions for their review and comments. Please call Ken Hammer, in Evans, at 339-5344 and Kathy Ells, in LaSalle, at 284-6931, for further details regarding the date, time, and place of these meetings. It is recommended that you and/or a representative be in attendance at the Evans and LaSalle Planning Commission meetings to answer any questions the Commission members may have with respect to your application. It is the responsibility of an applicant to see that a sign is posted on the property under consideration at least 10 days preceding the hearing date. Sometime prior to August 4, 1993, you or a representative should call me to obtain a sign to be posted on the site no later than August 6, 1993. The sign shall be posted adjacent to and visible from a publicly maintained road right-of- way. In the event the property under consideration is not adjacent to a publicly maintained road right-of-way, the applicant shall post one sign in the most prominent place on the property and post a second sign at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. Your sign posting certificate must be returned to the Department of Planning Services' office on or before the date of the hearing. Q-T1n59 Associated Natural Gas, USR-1024 July 21, 1993 Page 2 The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. This recommendation will be available twenty-four (24) hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services' office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please feel free to call me. Respectfully, Greg lhompson Current Planner GT/sfr LAND-USE APPLICATION SUMMARY SHEET Date: August 17, 1993 CASE NUMBER: USR-1024 NAME: Associated Natural Gas ADDRESS: 900 Republic Plaza, Denver, CO 80217 REQUEST: A Site Specific Development Plan and a Special Review permit for a hydrocarbon rail loading facility in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SE4 of Section 2, T4N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1 mile west of the Town of La Salle. SIZE OF PARCEL: 42.967 acres, more or less. POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this Special Review permit is listed in Section 24.3 of the Weld County Zoning Ordinance. The Department of Planning Services' staff has received responses from: 1. Molly Summerfield, Union Pacific Rail Mineral concerns. 2. Union Ditch. 3. Colorado Oil and Gas Conservation Commission. 4. Weld County Engineering Department. 5. Weld County Health Department. 6. Weld County Emergency Management Office. The Department of Planning Services' staff has not received responses from the following agencies: 1. La Salle Fire Protection District F-9 2. City of Evans. 3. Town of La Salle. The Department of Planning Services' staff has received numerous objections from surrounding property owners. 921059 USE 3Y sPECIAL REVIEW APPLICATION Deportment of Planning Services, 915 Tenth Street, Crceley, Colorado 80631 Phone - 35G-4000 - Ext. 1i400 Case Number Appl.icnt:i.nn C}teckcd by Date Received Application Pee Uyinr pint subcn.}.ttec! Recording Fee Receipt Number. Receipt; Number, IQ RE COMPLETED BY APPLTC/INT: (please print or type, except for necessary signature) I (we) , the undersigned, hereby request n hearing before the Weld County Planning Commission concerning the proposed Major Facilities of n Public Utility Special Review Permit on t:he following described unincorporated area of Weld County, Colorado: LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: SE 4 Section 2 l• 4 N, R 66 W 17 acre parcel in the SE/4 LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: NE/4SE/4 Section 2 T 4 N, R 66 W Property Addr.es. (if available) PRESENT ZONE a>ricultural OVERLAY ZONES TOTAL ACREAGE 42.967 _ tQricultural PROPOSED LAND US1 -hydrocarbon rail loadin facilit EXISTING LAND USE a ricultural SURFACE PEE LERopERTy owns.). QF ARRA PROPOSED roll THE USE 11Y Sz PEc REVIEW AT EV PFM11': Nome: A ricultural Pro erties Incor orated • Address: P•0, $ox 39 City Lucerne Home '1'e 1eI�}tone # 7.I.I>80646 Business Telephone #356-6788 Name: Associated Natural Gas Addres ; 90 0 Republic Plaza Home Telephone /J CityDenver '/.lp 80217 fullness telephone # 595-3331 APPLICANT OR AU'I'1TORIZED AGENT Ile d l l'. :er.ent: then above) : Name: Associated Natural Gas Address: 900 Republic Plaza home Telephone (J City Denver Zip 80217 Ilusiness Telephone // 595-3331 ~~ List the owner(s) �.. � �— { ) and/or lessee.. of mineral, rights on or under the subject properties of record. Name: 'A ricultural Products Incorporated Address: O 3 City Lucerne Zip 80646 Name: SEE ADDENDUM I Address: City 7.I.p I hereby depose and state under the penalties of perjury that all. statements, proposals and/or plans submitted with or contained within the application are true end correct to the best of my knowledge. COUNTY OF WILD ) STATE OF COLOADO ) ntttre: Owner or Auci r 7 .d Agent: ,,• Subscribed Tl�and n I!to warn to l�efor. me this NOTARY PUBLIC - 7'i, • iff My commission expires ttlI , `1•TTattli,nut • ;{ $71059 AN CI A5SOCIITED NITLRAL GA5, INC. GENERAL INFORMATION FOR USE BY SPECIAL REVIEW APPLICATION Associated Natural Gas, Inc. La Salle Rail Loading Facility Associated Natural Gas, Inc. (ANGI) is proposing to construct a hydrocarbons railroad car loading facility. The proposed facility will enable ANGI to transport and market hydrocarbons by rail car to various markets. Said site would consist of three rail spur tracks connecting to the Union Pacific main track and will be serviced by a seven spot rail car loading rack. This rack will be supplied by four 30,000 gallon, pressurized, above ground storage tanks with necessary pipeline and valve systems included. An office building with a vaulted lavatory system and potable water supply will also be located on site. Access to the site will be provided from Weld County Road 35, north of the Union Pacific Railroad track. Electrical power will be provided to the site from the existing power source approximately 500 feet west of the site. NEED FOR USE This facility is necessary to help alleviate the anticipated shortage of hydrocarbons in the future due to environmental concerns and the growing demands for clean burning fuels. The rail loading process is required in order to be able to transport large quantities greater distances in shorter times, economically. EXISTING USES OF SURROUNDING PROPERTIES This site is located west of County Road 35 surrounded on all sides by agricultural property. DISTANCE TO RESIDENTIAL STRUCTURES The closest residential structure is located east of the site approximately 1000 feet. Mr. Jim Miller is the owner and resident of that structure and has been consulted and concurs with the proposed use of the site by ANGI. 1 900 REPUBLIC PLAZA • 370 SEVENTEENTH STREET • DENVER,COLORADO 80202 • (303)595-3331 • FAX(303)595-0480 MAILING ADDRESS: P.O. BOX 5493 • DENVER, COLORADO 80217 1059 ASSOCIITEU NIJUI4L 645, INC. MAXIMUM NUMBER OF USERS. PATRONS. MEMBERS AND BUYERS Not applicable. NUMBER OF EMPLOYEES, NUMBER OF SHIFTS AND HOURS OF OPERATION ANGI plans to employ a maximum of two people on part time basis to load cars as necessary. The facility will be monitored with three personnel, on call 24 hours per day, 365 days per year. HOURS OF OPERATION Daylight hours as necessary. WATER SOURCE TYPE Central Weld Water Co. will construct a supply water line to said facility. ACCESS ROUTE An access route has been obtained from Weld County Road west into site. VEHICULAR TRAFFIC Employee Vehicles - Daily Maintenance Vehicles - Weekly Hydrocarbon Tanker Trucks - As Required SIZE AND WEIGHT OF VEHICLES Hydrocarbon Trucks - 80,000 lbs. Maximum Maintenance Vehicles - 20,000 lbs. Maximum Employee Vehicles - 6,000 lbs. Maximum 2 900 REPUBLIC PLAZA • 370 SEVENTEENTH STREET • DENVER,COLORADO 80202 • (303)595-3331 • FAX 303)59�5y-0480 MAILING ADDRESS. P.O, BOX 5493 • DENVER, COLORADO 80217 1 f/5rl ASSOCN"ED NtJU%41645, INC. TYPE OF SEWAGE FACILITY Vault type lavatory systems will be installed according to Weld County sewage disposal regulations. All liquid and solid wastes will be stored and removed for final disposal in a manner that protects against surface and ground water contamination and stormwater run- off. FIRE PROTECTION The fire protection measures necessary for this facility consists primarily of continued attention to safety procedures by ANGI's management and personnel. Fire extinguishers are available at the facility, in all vehicles, and employees are trained annually as to the proper methods of fire fighting and reporting emergencies. Fire protection will also be coordinated with La Salle and Evans fire departments. TYPES OF ANIMALS N/A WASTE, STOCKPILE AND STORAGE Hydrocarbon storage will be confined to four 30,000 gallon pressurized storage tanks until rail cars are loaded and shipped. ANGI does not anticipate generating any waste product. STORM WATER RETENTION Storm water retention is not required or planned at this time. TIME AND METHOD OF TRASH DISPOSAL Trash will be disposed of by ANGI personnel on a weekly basis or more often if necessary. LANDSCAPING The appearance of the facility will be maintained in a neat and orderly condition through periodic painting and maintenance. The site will be protected against erosion by proper drainage design, graveled roads and vegetation as necessary. 3 900 REPUBLIC PLAZA • 370 SEVENTEENTH STREET • DENVER,COLORADO 80202 • (303)595-3331 • FAX(303)595-0480 MAILING ADDRESS: P.O. BOX 5493 • DENVER, COLORADO 80217 71 059 MGI ASSOCIOD NtJU4IL Cv15, INC. RECLAMATION The anticipated use of this site is perpetual, therefore reclamation is not planned. CONSTRUCTION AND START-UP TIME TABLE Construction of this facility is planned upon approval of the USR. It is estimated that construction of the facility will be completed within 12 weeks after approval of the USR. Use of the facility will begin immediately upon final approval of Weld County Building Inspectors. WELD COUNTY COMPREHENSIVE PLAN Associated Natural Gas, Inc. is requesting approval to build and operate the rail car loadout facility on the subject property which is presently zoned agricultural under the County regulations for use by special review. This use is consistent with the Weld County Comprehensive Plan and is necessary for the development of the oil and gas industry in Weld County. The location of this facility is somewhat isolated from residential or commercial areas, and as such is not in conflict with particular districts. Due to the location and accessibility of this site, the ability to use this land for agricultural purposes was limited. The previous owner, Agricultural Products, Inc., had no desire to use the land for agricultural purposes and approached ANGI about locating the proposed rail car loadout facility on this site. HEALTH AND SAFETY The facility will be designed in accordance with the following applicable codes to insure the protection of the health and safety of the inhabitants of the neighborhood and of Weld County, and meet all Weld County ordinance requirements: 1. All liquid and solid wastes will be stored and removed for final disposal in a manner that protects against surface and groundwater contamination and stormwater run- off. 2. Any required emission permit will be obtained from the Air Pollution Control Division, Colorado Department of Health for fugitive dust and odors. 4 900 REPUBLIC PLAZA • 370 SEVENTEENTH STREET • DENVER,COLORADO 80202 • (303)595-33314,FM(303)595-0480 MAILING ADDRESS: P.O. BOX 5493 • DENVER, COLORADO 80217 •,:_ 1 059 MGI ASSOCIITED Nam. 645, INC. HEALTH AND SAFETY - (continued) 3. The maximum permissible noise level will not exceed the light industrial limit of 70dB(A), as measured according to 25-12-102, CRS. 4. A vault lavatory and sewage disposal system will be installed according to the Weld County sewage disposal regulations. 5. Traffic areas and areas around the proposed equipment will be covered with gravel to prevent soil erosion. All areas not covered by gravel shall be seeded to adapted grasses, approval by the soil construction district, to prevent erosion. 6. The property will be maintained in compliance with the Superfund and Amendments and Re-authorization Act (S.A.R.A.) Title III. 7. The property will be maintained in compliance at all times with the requirements of the 1988 Uniform Fire Code. 8. "No Smoking" signs will be installed and maintained and smoking will be prohibited. 9. The appearance of the facility will be maintained in a neat and orderly condition through periodic painting and maintenance. 10. All construction on the property will be in accordance with the requirements of the Weld County Building Code Ordinance, ANSI B 31.8-Gas Transmission and Distribution Piping Systems, ANSI BPV-VIII-1 Rules for construction of Pressure Vessels, American Petroleum Institute (API) - Welded Steel Tank For Oil Storage, Flammable Liquids and Code Book,National Electric Code,National Fire Protection Association, Liquified Petroleum Gases Handbook and Industrial Risk Insurers- Minimum Spacing Standards. 11. A soil study was conducted by Empire Laboratories, Inc. of Ft. Collins, Colorado. Test results are pending. 12. No overlay districts affect the site. Central Weld Water Co. is conducting a feasibility study and is in process of bidding a supply line to the site. 5 900 REPUBLIC PLAZA • 370 SEVENTEENTH STREET • DENVER,COLORADO 80202 • (303)595-3331 • FAX(303)595-0480 MAILING ADDRESS: P.O. BOX 5493 • DENVER, COLORADO 80217 9<p.1'05n • OPTION AND PURCHASE AGREEMENT This Option and Purchase Agreement (the "Agreement") entered into this28th ,day of May, 1993 by and between Associated Natural Gas, Inc. , a Colorado corporation, with offices at 900 Republic Plaza, 370 17th Street, Denver, Colorado 80202, hereinafter "Purchaser, " and Agricultural Products, Inc. , a Colorado corporation, whose address is 777 E. Wisconsin Avenue, Suite 3380, Milwaukee, WI 53202, hereinafter referred to as "Seller. " WITNESSETH THAT WHEREAS, Seller warrants and represents that Seller owns and holds title to certain real property located in Weld County, Colorado as discounted on Exhibit "A" hereto, incorporated herein by reference (the "Property") and desires to grant Purchaser an option to purchase the Property; and, WHEREAS, Purchaser desires to obtain an option from Sellers to acquire the Property from Sellers and, upon the exercise of such option, purchase the Property herein described upon the terms and conditions herein set forth for use in its proposed propane and other natural gas liquids, transfer/filling facility; and, WHEREAS, Purchaser has agreed to obtain all necessary regulatory approvals (state and federal) prior to construction of its facilities on the Property. NOW THEREFORE, in consideration of the sum of Six Thousand Two Hundred Dollars ($6, 200. 00) (the "Option Payment") in hand paid by Purchaser to Seller, the receipt of which is hereby acknowledged, and other good and valuable consideration, Seller and Purchaser hereby agree as follows: 1. Option. 1. 1 Effective the date of execution hereof, Seller hereby grants to Purchaser the option to purchase the Property described on Exhibit "A" attached hereto and incorporated herein by reference, together with all improvements and fixtures of a permanent nature currently located thereon, such improvements to be conveyed as is, where is, without warranty of any type, express or implied, which Property contains 17. 4 acres, more or less. 1. 2 The option herein granted to Purchaser shall extend from the date of execution hereof until midnight of December 31, 1993 (the "Option Period") . The Option Period may be extended for up to three (3) successive 180 day Option Periods provided Purchaser pays Seller an additional Option Payment of $6, 200.00 prior to the beginning of each 180 day Option Period. If the Option is not exercised or extended by Purchaser prior to expiration of an Option Period, or the termination date for the last option period passes without this option being exercised, then this Option shall expire and be null and void and all option payments tendered by Purchaser to Seller hereunder shall be 97105I retained by Seller. In no event shall Purchaser have any obligation to purchase the Property. 1.3 Each Option Payment once made by Purchaser to seller shall not be refundable to Purchaser for any reason except in event of Seller's default or as otherwise provided herein. 1.4 Purchaser understands that Seller desires to sell all of the property that it owns in the area north of the railroad right-of-way which includes, in addition to the Property, approximately 25.5 acres (the "Additional Lands") . Seller intends to sell the Additional Lands to Mr. Jim Miller. Purchaser agrees to survey the Property and the Additional Lands, and to provide a copy thereof to Seller, without warranty of any kind. Purchaser agrees that if it is subsequently determined that a subdivision exemption is required in order for Seller to sell either the Property or the Additional Lands, or, if for any other reason it is determined that Seller cannot sell both parcels at the same time or that this transaction prevents Seller from selling other adjacent land owned by Seller south of the railroad right-of-way, then this Agreement and the option to purchase will be considered null and void and the first Option Payment received by Seller will be forfeited by Purchaser and may be retained by Seller. Any other Option Payments made by Purchaser shall be promptly refunded to Purchaser. Nevertheless, the parties agree to cooperate in good faith to fulfill the intentions of this Agreement. 2 . Purchase. 2 . 1 Should Purchaser elect to exercise the option herein granted prior to expiration of an Option Period, Purchaser shall so notify Seller in writing, and all of the Property shall be conveyed to Purchaser within 90 days after notice of intent to exercise option for a total purchase price of Sixty-two Thousand Dollars ($62 , 000. 00) , payable by draft, less an amount equal to the amount of the current Option Payment ($6, 200. 00) tendered to and received by Seller hereunder. All previous option payments will be retained by Seller and not credited against the purchase price. Once a notice of intent to exercise an option is given, no additional Option Payments shall be due, provided the transaction is closed within ninety (90) days after notice of intent to exercise option is given. 2 .2 Upon exercise of the option by Purchaser and the tender to Seller of the purchase price above referenced, Seller agrees to execute and deliver to Purchaser a good and sufficient General Warranty Deed in recordable form conveying the Property to Purchaser together with a 40' wide right-of-way for access to the Property parallel and adjacent to the length of the south right-of-way line of the Union Pacific Railroad in the SE/4 of Section 2, T4N, R66W, 6th P.M. upon Seller's property located south of the Property, free and clear of any and all liens and encumbrances, including all liens for special improvements presently installed, whether or not assessed, except those referenced in the Title -. AGRICULT.OFI1AGREE] - 2 R 1069 Commitment described in Section 2.3 and accepted by Purchaser, reserving to Seller all minerals, including oil and gas, provided Seller shall execute a covenant to run with the land that no mineral extraction activities shall be conducted upon the surface of the Property. Seller's rights, if any, in the nontributary groundwater underlying the Property, including the Laramie-Fox Hills aquifer, but excluding all surface and tributary groundwater and water rights associated with, or appurtenant to, the Property shall be simultaneously conveyed to Purchaser by Seller by Quit-Claim Deed. Property taxes for the year of closing shall be prorated between Purchaser and Seller as of the date of closing based on that year's assessment and mill levy, which proration shall be deemed to be' final settlement of such taxes. 2 . 3 Seller shall obtain and provide to Purchaser within five (5) days of the date of this Agreement, at Seller's expense, a Commitment of Title Insurance ("Title Commitment") , and shall provide a Policy of Title Insurance with Form 100 endorsement covering the Property after closing, Seller paying the premium thereon, which shall be issued by Homestead Title Insurance Company of Greeley, or other title insurance company acceptable to Purchaser. Should title of Seller in the Property be unsatisfactory to Purchaser, then Purchaser shall give notice of the unsatisfactory condition to Seller within one (1) week of receipt of the Title Commitment. Seller then shall take such action and/or execute such documents and obtain such releases as may be necessary to cure the title defects and/or remove such liens or encumbrances within a reasonable time. The Option Period hereunder shall be deemed extended by a period of time equal to that required by Seller to effect correction of title. If title cannot be corrected to Purchaser's satisfaction, then Purchaser may declare this Agreement null and void and all Option Payments will be returned to Purchaser, except the initial Option Payment. 3 . Default. 3 . 1 In the event Purchaser should default and fail to perform any condition imposed and/or required of Purchaser herein, then this Agreement shall be null and void, and of no further force and effect; both parties shall be released from all obligations imposed hereunder; and all Option Payments tendered by Purchaser to Seller hereunder shall be retained by Seller and Seller shall have no further recourse against Purchaser for failure to perform. 3 . 2 In the event Seller should default and fail to perform any condition imposed upon and/or required of Seller herein, then Purchaser, at its option, may either deem this Agreement terminated and of no further force and effect, in which case, Seller shall be required to return to Purchaser all Option Payments tendered to and received by Seller hereunder, or in the alternative, Purchaser may treat this Agreement as being in full force and effect and seek the legal remedy of requiring the specific performance of Seller hereunder, together with damages. AGRICULT.OPTIAGREEI - 3 517,1059 4 . Miscellaneous. 4 . 1 No waiver by either Seller or Purchaser of any default of the other under this Agreement shall operate as a waiver of any future default, whether of like or different character or nature, nor shall any failure to exercise any right hereunder be considered as a waiver of such right in the future. 4 .2 This Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors, assigns, heirs, administrators and/or executors. • 4 .3 This Agreement may not be assigned by either party hereto without the prior written consent of the other party. 4 .4 This Agreement constitutes the entire Agreement and the understanding between the parties hereto and supersedes null and void and of no further force and effect any prior understandings, negotiations, or agreements between the parties relating to the subject matter hereof. No provision of this Agreement may be changed, modified, waived or discharged orally, and no change, modification, waiver or amendment of any provision will be effective except by written instrument executed and approved by the parties hereto. 4 . 5 This Agreement shall be construed in accordance and governed by the laws of the state of Colorado. 4 . 6 The parties each warrant to the other that neither has retained the services of any person or entity to whom a commission, finders fee or similar compensation will be required to be paid due to this transaction. 4 .7 Time is of the essence of this Agreement. . v IN WITNESS WHEREOF, the parties hereto have executed this Agreement as ";ofthe., day and year first above written. BUYER: : I (SEAL41 " AT?l tsST: " -= ASSOCIATED NATURAL GAS, INC. , i A COLORADO CORPORATION BY: W L B. THEWS, MICHAEL J. QUIGLEY, ASSISTANT SECRETARY EXECUTIVE VICE PRESIDENT AGRICULT.OP [AGREEI - - 4 - ;91051 SELLER: (SEAL) ATTEST: AGRICULTURAL PRODUCTS, INC. , , A COLO DO CORPORATION BY: . t2:0 �— r� i; `�cc BY: I71 S- J A•r£5 c„ :2c•r £ , SECRETARY f3CI5/ ,FR, e..=,LI r' : . r STATE OF COLORADO ) % ,: '-. 0 c - ) ss. CITY & COUNTY OF DENVER ),/ Before me, A, A/1AL * . th All. , a Notary Public in and for said County ,and Stat , on this V.& day of May, 1993 , personally appeared MICHAEL J. QUIGLEY and WILLIAM B. MATHEWS, known to me to be the E*ecutive Vice President and Assistant Secretary, respectively, of Associated Natural Gas, Inc. , a Colorado corporation, on behalf of said corporation and acknowledged to me that they executed this Agreement for the considerations and purposes therein set forth. Given under my hand and seal of office this a8 tt day of May, 1993 . i= MY COMMI$5TON EXPIRES: NOTARY PUBLI q STATE' OF 0)/6e0196Cc. ) [ � ) ss. COUNTY OFQ(,UQtt.C•EQ ) Before me, <iVeLcvecth ta'acttt•diLe , a Notary Public in and for said County and Sate, on this l day of Ow 1993 , personally appeared c/�.O e and 9a"'ec I" y $044e , known to me to be the President and Secretary, respectively, of AGRICULTURAL PRODUCTS, INC. , a Colorado corporation, on behalf of said corporation and acknowledged to me that they executed this Agreement for the considerations and purposes therein set forth. Given\under.:;iny hand and seal of office this day of 4444,41993 . MY .COk SSgIdN EXPIRES: 4c�i0AyLGta/� . . NOTARY P LIC • AGRICULT.OTTIAGEI RE - 5 - 971059 HENKEl5 & M`CO 1 9�etG• HEM ENGINEERING DIVISION EXHIBIT "A" Attached to and made a part of that certain OPTION AND PURCHASE AGREEMENT dated this 28th day of May, 1993, by and between ' Associated Natural Gas, Inc. , a Colorado corporation, and Agricultural Products, Inc. , a Colorado corporation. A parcel of land located in the Southeast Quarter of Section 2, Township 4 North, Range 66 West of the Sixth Principal Meridian, Weld County, Colorado, more particularly described as follows ; COMMENCING at the Southeast corner of said Section 2, a #4 rebar found, WHENCE the East Quarter corner of said Section 2, an aluminum cap found, bears N 01°36 ' 48" W a distance of 2702 .59 feet; Thence N 26°22 ' 16" W a distance of 2213. 22 feet to the intersection of a line that is 75 .00 feet northerly of and parallel with the existing centerline of the Union Pacific Railroad Company railroad tracks, said intersection being the POINT OF BEGINNING; THENCE S 85°03' 21" W parallel with and 75 .00 feet northerly of said existing centerline of the Union Pacific Railroad Company railroad tracks a distance of 1698 . 43 feet to the west line of said • Southeast Quarter of Section 2 ; THENCE N 00°33' 28" W along said west line a distance of 665 . 25 feet to the existing centerline of the Union Ditch , Book 307 , Page 407 , Weld County Recorder ' s Office; THENCE the following fifteen ( 15) courses along said existing centerline of the Union Ditch, 1 ) S 67°03' 28" E a distance of 72 . 18 feet ; 2) S 86°29 ' 06" E a distance of 107 . 34 feet ; 3) N 71°50' 19" E a distance of 96. 27 feet; 4) N 54° 18 ' 25" E a distance of 110 .77 feet; 5) N 67°18 ' 50" E a distance of 149 . 60 feet; 6) S 88°46' 33" E a distance of 88.46 feet; 7) S 41°10 ' 19" E a distance of 148.09 feet; - 8) S 54°40 ' 20" E a distance of 85.95 feet; 9) S 61°08' 09" E a distance of 293.67 feet; 10) S 54°54'47" E a distance of 201 . 26 feet; 11 ) S 76°51 ' 17" E a distance of 58 . 38 feet; 12) S 83°56 ' 27" E a distance of 152 .30 feet; 13) S 57°47 ' 34" E a distance of 146.80 feet; 14) S 74°37 ' 46" E a distance of 128 . 12 feet; 15) N 86°48 ' 46" E a distance of 71 . 67 feet; THENCE S 00° 00 ' 00" E a distance of 78.37 feet to the POINT OF BEGINNING; Said parcel contains 17 .44 acres, more or less. O PERFORMANCE has built our business. . PRELIMINARY REPORT OF A GEOTECHNICAL INVESTIGATION FOR A RAIL LOADING SITE LA SALLE, COLORADO ASSOCIATED NATURAL GAS, INC. GREELEY, COLORADO EMPIRE LABORATORIES, INC. A DIVISION OF THE TERRACON COMPANIES 301 NORTH HOWES STREET FORT COLLINS, COLORADO 80521 PRELIMINARY REPORT OF A GEOTECHNICAL INVESTIGATION SCOPE This report presents the preliminary results of a geotechnical investigation prepared for a rail loading site located West of Weld County Road 35 and between Highway 394 and Weld County Road 48, in Section 2 , Township 4 North, Range 66 West of the 6th P.M. , Weld County, Colorado. The investigation included test borings and laboratory testing of samples obtained from these borings . The objectives of this study were to (1 ) evaluate the subsurface conditions at the site relative to the proposed construction, (2) make recommendations regarding the design of the substructures, and (3) recommend certain precautions which should be taken because of adverse soil and/or ground water conditions . SITE EXPLORATION The preliminary field exploration, carried out on July 1 , 1993, consisted of drilling, logging and sampling two (2) test borings . The borings were located by Empire Laboratories, Inc. and Mr. Jim Kirkpatrick of Associated Natural Gas, Inc. using conventional chaining methods . Elevations were determined by Empire Laboratories, Inc. using a level and level rod. The locations and elevations of the borings should be considered accurate only to the degree implied by the means and methods used to make these measurements . Logs of borings prepared from the field logs show soils encountered, location of sampling and ground water at the time of exploration . The borings were advanced with a four-inch diameter, continuous-type, power-flight auger drill . During the drilling operations, a geotechnical engineer from Empire Laboratories, Inc. was present and made continuous observations of the soils encountered. 1 .97,1 059 LABORATORY TESTS Samples from the test borings were subjected to laboratory testing in the laboratory to provide a sound basis for evaluation the physical properties of the soils encountered. Moisture contents, dry unit weights, unconfined compressive strengths, water soluble sulfates, and swelling potentials were determined. A summary of the test results is included in Appendix B. Consolidation characteristics were also determined, and curves showing this data are included in Appendix B. 2 R71059 059 APPENDIX B ^73 959 • CONSOL IDAT ION TEST PRO. 50D5 .93r", BORING NO. : 3 DEPTH: 1 . 3 DRY DENSITY: 91 .5 PCF MOISTURE: 4.3 95r, - J H .(f0 93 •65`_' - i J . l 1_ .57n . 1 1 , 25 1+. 5 1 . 1I+ 5 110 APPLIED PRESSURE - TT.:F _ .0 J L#I 4 . . f fj ,1_1 O• -4 .0 • A• -6 ., J Cr Z -]3 .0 - I6 .0 H3 5 10 0. 1 0.2 5 1 . S S . APPLIED PRESSURE - TSF EMPIRE LHBOF'HTOF'IE:E INC . B-2 97'1O59 • CONSOLIDATION TEST PROS. 5005 .230 BORING NO. : 1 l30 DEPTH: 1 .0 DRY DENSITY: 91 .5 PCF MOISTURE: 4.3 k .850 .810 G H 2 .770 PI P •730 • .69r: .850 .610 .570 0. 1 0. 25 • 0. 5 1 . 0 5 10 REPLIED PRESSURE - T'=F 8 .0 - J J W 4 .0 CO 0 .0r+ Z• -4 .0 - a -6 .0 z -• 1^c .0 - U -18 .0 0. 1 0.25 0. 5 1 . 0 5 • 10 APPLIED PRESSURE - TSF EMPIRE LABORATORIES INC . B-2 971059 • CONSOLIDATION TEST PRO. 50[+5 .580 BORING NCO. : 2 .560 DEPTH: 13 .0 DRY DENSITY: 110.2 PCF MOISTURE: 5.5 % .540 .520 4 t� • • .460 .440 .420 .400 0. 1 0. 25 0. 5 1 . 0 5 10 APPLIED PRESSURE - TSF 4 .0 J J T 2 .0 N o -2 .0 H -4 .0 O -6 .0 -8 .0 - 0. 1 0.25 0. 5 1 . 0 5 10 APPLIED PRESSURE - TSF EMPIRE LABORATORIES INC . 8-3 R71.059 CONSOLIDATION TEST PRO. 503E05 .580 BORING NO. : 2 DEPTH: 13.0 .518R DRY DENSITY: 110.2 PCF MOISTURE: 5.5 % .540- .52R 0 H .5R0 �y C r .480- �L 0 .460 .440 .420 .400 0. 1 0. 25 0. 5 1 . 0 5 10 APPLIED PRESSURE - TSF 4 .0 J lJ 2 .0 U1 ti 0 .0 0 ▪ 2 .0 F A -4 .3 O • -6 .0 O 3 .0 0. 1 0.25 0. 5 1 . 0 5 10 APPLIED PRESSURE - TSF • EMPIRE LABORATORIES INC . B-3 • 931059 . e C N N • - N N N N N i •--1 v-I .••• •--• .-+ .-I .-• \ \ \ \ \ \ • C to O Li. to N L.O CT M la N .•1 N •--I N N •-y — LL ,y 2 a0 s N . 1 c c.) g in 'SON y 0,u_ '10'0O w v U C' 1 Q n X O 09 (7 a O u e—X I`c .— G Lo 9 r co f-K N CO ZI-1 N I— —I D U N ? la cc y W I— ¢ N O LU I- Q N. cc O .aX O a } N J- O CC til Q CC 7 d C _• • LL O W H y `at CO Cl YL O O e•t in O cN a CT GaL CV N. y— U Lr.LL W en to O :i t0• in to 0- 441 r• t b .4 .--I r-- O n N. t0 M N. Ol N X_ 2 Lo t0 to t0 O) .-I Lo t0 t0 Lo IN N O O O In Lo O L_ . . . • •cr � O O en V O p d N Cr) CO C\ N .N <2' LC) •-I e-1 N N •LL 1 1 1 1 1 1 I 1 I I I 1 O— OOOOOO O O O O Lo O •--• N IN CO M CO • • • M O1 M f•') CT N •--• I-• r♦ r-1 'a CV m B-4 0"''! n: !1 ur _ _ If) C Q Q f'd N o __ __ o on m G'. W Q W 22 v" t oc „j n -0.7.1:-c 02 C.)(f) O 2 °m '1' TO o.-.E ET itti•7umm+ I— i Q W Z N N N '° x c o\ n�v n° v�L 3 m "°� W ZOZZ F-i-<V) E' "2mm�c o%rn =m mvmm co..x O Q 2 Q R'w mom o °nS v m e 4-E 0 >-.5-2i E avv �M L. 0 N QW J W °: > p---. '-ov>�n3 -r°"0 o.ocn -5.4.I. m v o --I c4OJ wJ mNQOU OOQO= `no▪ Faoo `m `ovro3`mon3„ ;��om mw_ Q� J�F-- �0w oXCC ``oo c3�° cing eccao w__, 0 Y W O W o� m :° `2.' cc> u p o o E o (n W W U F-J F-J 6. n IE <;.. o m ° n m'� L WZ WF-rQ Ct I-ZF O U n° l-cg Eoca°v>.nTc`n� -.Xm-- o -)QJOJ JWWQ QQ� )- >-= 'ac m ° ``°°rno`vcoo`mc on�E � Qi I °�NZJ W C7LI ix zg • .'°3� in°o>.co. -c Ev° °°° z Sp�O <v `'"_S� W W~� o oaEro _ntF-.c,o°cco°`°o �.ncov ° it j MUNW . C� I- • I-F-Wzno E.«°'-0 �0 rnm� co°c mac m Z N QZF--W W JmWOZQ�•QW�o. ,-so.c� 0=2no o on`m E� ,oc c" ..-v Mu°io yr ItIt W ' O ZW Co� W JWMZZO~d'QCd'W o°m -;-°7,i vl nog movom2c >'°.' -1- ? /+ j� OQSJ� W W mJ-J-W��-'d'J d'Qa vaE mco0 Eo oo>. E py; 1-- dRJO—WUQJJQQJQQQd' Q23 w▪mn 12v �ot >'o m c,m o�>. oo ; v ..ig"'�= 2 .„ prn gem= QQ>U���QWQ� C9��202U��m° o_ o--m co" c $mac <v°. o �-+ Zia._c ,� m..�cc 3vym.- >,n m- n o0 1J >.OO.-- M.-N (oN00 Q)OMoo OO NN.o, 'D.° um`o o-cm=moo cm000 coma m F._NMM M .h'd d'Q�d'Inu-)FA coF�1�F�gi°no Eo.csNoawrn2--E3 N wm rn W'000 0000000000 0000a. _ g W z�m m a a MO " C = v>. Cd m Z a H o of- I i .--- I° W til ."..' ± _ M M T 0 0 M N 0 0 5c .-6:D.M _ — — 1 M N • O 0 O t\ 0 O V) O d' 0 0 0 0 O O Q CO 0 0 O °' IiiQ w \ \ �' co zii N ' \ U 0 �c Fn\3N, '87 Z • U 0 \ U U7 W cn M M O Z 0 Z r` 2 N. 0 _ I APPENDIX C. Suggested Minimum Specifications for Placement of Compacted Earth Fill and/or Backfills GENERAL The geotechnical engineer shall be the owner's, architect's, engineer's or contractor's representative to observe placement of compacted fill and/or backfill on the project. The geotechnical engineer or his representative shall approve all earth materials prior to their use, the method of placement and the degree of compaction. MATERIALS Soils used for all compacted fill and backfill shall be approved by the geotechnical engineer or his representative prior to their use. Fill material shall be free from organic matter, frozen material and other unsuitable substance and shall not contain rocks or lumps having a diameter greater than six (6) inches. - SUBGRADE PREPARATION All topsoil, vegetation, trees, brush, timber, debris, rubbish and all other unsuitable material shall be removed to a depth satisfactory to the geotechnical engineer or his representative. The material shall be disposed of by suitable means prior to . beginning preparation of the subgrade. The subgrade shall be scarified a minimum depth of six (6) inches, moisture conditioned as necessary and compacted in a suitable manner prior to placement of fill material. Fill shall not be placed until approval by the geotechnical engineer or his representative; and in no case, shall fill material be placed on frozen or unstable ground. Subgrade which is not stable may require the use of imported granular material, geotextiles or other methods for stabilization as approved by the geotechnical engineer. " FILL PLACEMENT Fill material shall not be placed during unfavorable weather conditions. Material proposed for use as fill shall be approved by the geotechnical engineer or his representative prior to use. Proposed import material shall be approved by the geotechnical engineer or his representative prior to hauling to the project site. Fill material shall be C-2 9..: 11.059 uniformly mixed such as to preclude the formation of lenses of material differing from the surrounding material. All clods shall be broken into small pieces. The contractor shall construct the fill in approximately horizontal lifts extending the entire length of the fill. The thickness of the layers before compaction shall not be greater than eight (8) inches. Fill being placed on slopes or hillsides shall be benched into the existing slope. A minimum two (2) foot horizontal bench shall be cut into the existing excavated slope for each four (4) feet vertical of fill, or each lift should be benched slightly into the existing grade. MOISTURE CONTROL Prior to and during compaction operations, the fill material being placed shall be maintained within the range of optimum moisture specified. A general recommendation is to maintain the fill material within two percent (2%) plus or minus of optimum moisture so that proper compaction to the specified density may be obtained with a minimal effort. In building pad and paved areas, material exhibiting swelling potential shall be maintained between optimum moisture and two percent (2%) wet of optimum moisture content. The moisture content of the fill material shall be maintained uniform throughout the fill. The contractor may be required to add necessary moisture to the fill material and to uniformly mix the water with the fill material if, in the opinion of the geotechnical engineer, it is not possible to obtain uniform moisture content by adding water on the fill surface. If, in the opinion of the geotechnical• engineer, the material proposed for use in the compacted fill is too wet to permit adequate compaction, it shall be dried in an acceptable manner prior to placement and compaction. Uniform mixing may require discing , blading or other methods approved by the geotechnical engineer or his representative. Adjustments of moisture content shall be made on the basis of determinations of moisture content by field tests as construction progresses. COMPACTION The contractor shall furnish and operate the necessary types and kinds of equipment to perform the operations required to obtain the specified compaction. This equipment may include approved tamping rollers, rubber tired rollers, smooth wheeled rollers and vibratory rollers. If a sheepsfoot roller is used, it shall be provided with cleaner bars so attached as to prevent the accumulation of material between the tamper feet. Fill areas which are not accessible to full-sized construction equipment shall be placed in maximum four (4) inch lifts and compacted with power tampers to the specified density. C-3 9'-1.059 Compaction should meet the minimum percentages of maximum density as set forth in the project specifications or the recommendations of the report. The contract specifications supercede the recommendations given in this report. MOISTURE DENSITY RELATIONSHIP DETERMINATION Samples of representative fill materials to be placed shall be furnished by the contractor to the geotechnical engineer for determination of maximum density and optimum moisture or relative density. Sufficient laboratory moisture density or relative density curves will be made to determine the optimum moisture content and maximum density for the various soils placed as fill. Tests for this determination will be made using the appropriate method conforming to the requirements of ASTM D 698 (Standard Proctor) , ASTM D 1557 (Modified Proctor) or ASTM D 4253, D 4254 (Relative Density) . The materials used • for fill shall be classified in accordance with ASTM D 2487 in order to permit correlation between the moisture density relationship data and the material being placed and compacted. Copies of the results of these tests will be furnished to the client and others as directed by the client. These test results shall be the basis of control for all compaction effort. FIELD DENSITY AND MOISTURE TESTS The in-place density and moisture content of compacted fill will be determined by the geotechnical engineer or his representative in accordance with ASTM D 1556 (sand cone method) or ASTM D 2922, D 3017 (nuclear methods) . Material not meeting the required compaction and/or moisture specifications shall be recompacted and/or moisture conditioned until the required percent compaction and/or moisture content is obtained. Sufficient compaction tests shall be made and submitted to support the geotechnical engineer's or his representative's . recommendations. The results of density tests wilt also be furnished to the client and others as directed. C-4 9:."1 059 Ip JUL 19 1993 CENTRAL WELD COUNTY WATER DISTRICT July 19, 1993 Associated Natural Gas Company 1324 N. 7th Ave. Greeley, CO 80631 RE: Water Service Dear Sirs: This letter is in response to a request for water service to serve the following property described as follows: SEE LEGAL DESCRIPTION ATTACHED Water service can be made available to the above described property provided all requirements of the District are satisfied, including easements where required for District facilities. Central Weld County Water District requires that contracts be consummated within one (1) year from the date of this letter, or this letter shall become null and void unless extended in writing by the District. Very truly yours, CENTRAL WELD COUNTY WATER DISTRICT 1/7,11 4'sq Joh W`Zadel el General Manager JWZ/eaj $C1959 2235 2nd Avenue • Greeley, Colorado 80631 • (303) 352-1284 • John Zadel, General Manager DESCRIPTION OF PROPOSED PARCEL ' A' A parcel of land located in the Southeast. Quarter of Section 2 , Township 4 North , Range 66 West of the Sixth Principal Meridian Weld County , Colorado, more particularly described as follows; Commencing at the Southeast corner of said Section 2, a 04 rebar found, whence the East Quarter corner of said Section 2, an aluminum cap found, bears N 01°36' 48" W a distance of 2702. 59 feet; Thence N 26°22' 16" W a distance of 2213. 22 feet to a point that is 75 .00 feet northerly of the centerline of the existing Union Pacific Railroad Company railroad tracks , being the. Point of Beginning; Thence S 85°03' 21" W 75.00 feet northerly of and parallel with said centerline of the existing railroad track a distance of 1698. 43 feet to the west line of said Southeast Quarter of Section 2 ; Thence N 00°33' 28" W along said west line a distance of 665 . 25 feet to the existing centerline of Union Ditch , Book 307 , Page 407 , Weld County Recorder ' s Office; TOTAL P.e2 9 1 059 a a N p M M p wa N = = O 0 z ow �N? O 0 co W z�Zz <FF < II (D -Ja 2 aCYw MOO EM (_U Nm w J w .. D z ,--I J N O W M< 0 O O M J J (LJ n Q-O O a D W o_)-v- a> J O_O O! a WZW Oa (C I-W2O ~O~J Q+ -,Fa-Y�J(J,z(--C).ksQjYOC CC�Ct Cl) .(nZ.±'c) � Q(n0•5 c,iW w~ H IX ZO~�MofJZF-OwzZz>-Z>-S Z 3 actaoJW�a>°Qa�aaa�ai 0d>c)->m--,a3wace0mm=oZ0 >-oor- Mr-N (OI,0OOnOM0O O)ON(, HNMM Md'� d'dd'd'(n(n(n (OLIN O'O O O OOOOOOOOOO OOOO w t O_ 0 Z ix o_ :J W t ,- M M d' M O O (O N O O _ S F b 3 M -- — O (n 4- O O canO M n (D O) O co -4- N N M O O O O M O O -o - o CO O CD _--t 0 ce J co ce l z li � , NN 1OO) N d U o o H .e j M /.. Z N �� o C\2 ino 0co C) W M O z 0_ Z D N O • AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE ESTATE Application No. Subject Property 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 lessees of mineral owners on or under the parcel of land under as their names appear upon the records in the Weld County Clerk and Recorder's Office or from an ownership update from a title or abstract company or an attorney. /c/1"1-140 The foregoing instrument was subscribed and sworn to before me this 16 day of l , 195 WITNESS my hand and official seal. ��/( _ ,010J a:A'. My Commission Expires: .' Orl° ktOPIMiliblibria21.19.5fit n Notary Public Y 10 i), : ' Y Y 921059 ADDENDUM I MINERAL OWNERS NW1/4NE1 /4, Section 10, Township 4 North, Range 66 West of the 6th P.M. , Weld County, Colorado Central Bank of Greeley F/A/0 Terry T. & Harry S. Matsushima P. 0. Box 1408 Greeley, Colorado 80632 Snyder Oil Corporaation P. 0. Box 970102 Dallas, Texas 75397 Pardee Exploration Company 1650 Market Street, 33rd Floor One Liberty Place Philadelphia, Pennsylvania 19104 WILCO Properties Inc. 4849 Greenville Avenue Two Energy Square, Suite 560 Dallas, Texas 75206 Robert Allen Venable Trustee U/W R. H. Venable 2121 San Jacinto, Suite 2900 LB29 Dallas, Texas 75201 Sulphur River Exploration, Inc. 5949 Sherry Lane, Suite 755 Dallas, Texas 75225 S. Duff Kerr P. 0. Box 6749 Denver, Colorado 80206 Kamal C. Jain P. O. Box 670505 Houston, Texas 77267-0505 Roberto T. Alaniz 12633 Memorial Drive ##1 0 Houston, Texas 77024-4 50 1 9 '959 SW1/4NE1/4, Section 10, Township 4 North, Range 66 West of the 6th P.M. , Weld County, Colorado Central Ban Greeley F/A/O Terry Harry S. Matsushima P . Box 1408 Greeley, Colorado 80632 Snyder Oil C raation P. 0. B 0102 D , Texas 75397 Pardee Explor ion Company 1650 Mar Street , 33rd Floor One ' erty Place adelphia, Pennsylvania 19104 WILCO Propert ' Inc. 4849 Gre le Avenue Two rgy Square, Suite 560 as, Texas 75206 Robert Allen Ven le Trustee U/W . Venable 2121 S acinto, Suite 2900 LB29 Da s, Texas 75201 Sulphur Riv xploration, Inc. 5949 S y Lane, Suite 755 D s, Texas 75225 S. Duff P. 0 ox 6749 ver, Colorado 80206 Kemal C. n P. 0 ox 670505 ston, Texas 77267-0505 Roberto aniz 1263 emorial Drive #160 H ston, Texas 77024-4850 N1 /2NW1/4, Section 11 , Township 4 North, Range 66 West of the 6th P.M. , Weld County, Colorado Union Pacific Resources Co. P. 0. Box 651142 Charlotte, North Carolina 28228 2 Q Tif59 •I .v Basin Exploration Acct -36517 F/A/O Union Pacific Resources P. 0. Box 1290 Tecas Commerce Bnk/Ft. Worth Fort Worth, Texas 76101-1290 NE1/4NE1/4, Section 2, Township 4 North , Range 66 West of the 6th P.M. , Weld County, Colorado Harry T. Matsushima Terry T. Matsushima 22505 WCR 33 La Salle, Colorado 80645 Floyd 0. Nichols and Katharina E. Nichols, J/T 19546 Road 30 Brush, Colorado 80723 Lloyd W. Rumsey and Edna Rumsey, J/T 15999 WCR 50 La Salle, Colorado 80645 Albert E. Bush and Carole E. Bush, J/T 16940 Weld County Road 394 La Salle, Colorado 80645 Ruth Berkenkotter 2410 S. Quitman Street Denver, Colorado 80219 Lila Elliott 3368 S. Oneida Way Denver, Colorado 80224 Joe Werning 2710-19th Street Drive Apt . 4 Greeley, Colorado 80631 Helen Pauline Shaffer 211 South Gunnison Buena Vista, Colorado 81211 Charles Niccoli and Judy Niccoli , J/T 16687 Weld County Road 394 La Salle, Colorado 80645 3 SC1nfl Herbert E. Small and Ava L. Small , J/T 23693 WCR 35 La Salle, Colorado 80645 Elaine C. Rice 16663 Weld County Road 394 La Salle, Colorado 80645 Jeff L. Anderson and Teresa J . Anderson, J/T 23795 WCR 34 La Salle, Colorado 80645 Ellis H. Luther and Lois J . Luther 16957 WCR 394 La Salle, Colorado 80645 Kathlene M. Gardner and Marlene F. Stroh, J/T 16843 WCR 394 La Salle, Colorado 80645 Larry A. Barden and Marilyn L. Barden, J/T 23533 WCR 35 La Salle, Colorado 80645 Margaret Crandell 16750 Weld County Road 394 La Salle, Colorado 80645 A. C. Valencia and Marcella M. Valencia 23522 WCR 35 La Salle, Colorado 80645 Wayne A. Haagenstad and Janet A. Haagenstad 23981 County Road 35 La Salle, Colorado 80645 Glenn Werning a/k/a Glenn J . Warning 23822 WCR 33-1/4 La Salle, Colorado 80645 Mary Odenbaugh 11100 WCR 38 Platteville, Colorado 80651 4 °i 171 059 Linda Fagerberg 1912-34th Avenue Greeley, Colorado 80631 Gary Werning 509 Oak Street Windsor, Colorado 80550 Adolph C. Gerold and Diana K. Bauer Gerold 23885 WCR 35 La Salle, Colorado 80645 Katherine Elizabeth Dahlin P. 0. Box 145 Evans, Colorado 80620 Norman Gurney and Cecelia Gurney, J/T 16865 WCR 394 La Salle, Colorado 80645 Paul Lee Geist and Christie Lee Geist , J/T 23915 WCR 35 La Salle, Colorado 80645 Arlo Richardson • P. 0. Box 328 Greeley, Colorado 80632 Harry T. Matsus Terry T. M shima 22505 33 La alle, Colorado 80645 Floyd 0. Nichols Katharina E. • ols, J/T 19546 R 30 Bru , Colorado 80723 Lloyd W. Rums nd Edna Rums , J/T 15999 50 La alle, Colorado 80645 Albert E. Bush Carole E. B , J/T 16940 We County Road 394 La S e, Colorado 80645 5 P:71059 NW1/4NE1 /4, Section 2, Township 4 North, Range 66 West of the 6th P.M. , Weld County, Colorado Joe Werning 2710-19th Str rive Apt . 4 , olorado 80631 Helen Pauline fer 211 Sout unison Bue ista, Colorado 81211 Ruth Berkenkott 2410 S. an Street D , Colorado 80219 Lila Elliott 3368 S. ida Way D r, Colorado 80224 Charles Niccoli Judy Niccol ' /T 16687 County Road 394 La le, Colorado 80 5 Herbert E. S and Ave L. S , J/T 2369 CR 35 Salle, Colorado 80645 Elaine C. Rice 16663 Wel unty Road 394 La e, Colorado 80645 Jeff L. Anders nd Teresa J . erson, J/T 23795 34 L alle, Colorado 80645 Ellis H. Luth and Lois J . er 16957 R 394 alle, Colorado 80645 Kathlene M. Gard and Marlene F. , J/T 16843 W 94 La e, Colorado 80645 6 R Larry A. B n and Marilyn . Barden, J/T 235 CR 35 Salle, Colorado 80645 Margaret Cr 16750 County Road 394 La le, Colorado 80645 A. C. Valenci Marcella alencia 2352 35 Salle, Colorado 80645 Wayne A. Haagen and Janet A. enstad 23981 unty Road 35 alle, Colorado 80645 Glenn Werning a Glenn J . W ing 23822 33-1/4 La le, Colorado 80645 Mary Odenbau 11100 WC Plat ille, Colorado 80651 Linda Fager g 1912-34 Avenue Gre ey, Colorado 806 Gary Werni 509 Oa treet Wi or, Colorado 80 50 Adolph C. d and Diana K Auer Gerold 2388 CR 35 Salle, Colorado 80645 Katherine ' abeth Dahlin P. 0. 145 Ev , Colorado 80620 Norman Gurney Cecelia Gu y, J/T 16865 394 La le, Colorado 80645 7 9.° 1 051 Paul Lee Geist Christie Geist, J/T 23915 35 L alle, Colorado 80645 Arlo Rich on P. O. x 328 Gr ey, Colorado 80632 C. A. Patchen 3151 S. Jasmine Way Denver, Colorado 80222 NE1/4, Section 2, Township 4 North, Range 66 West of the 6th P.M. , Weld County, Colorado Central Bank reeley F/A/0 Terry T. arry S . Matsushima P. 0 ox 1408 G eley, Colorado 80632 Floyd 0. Nichols Katharina E. chols, J/T 19546 R 30 Bru , Colorado 80723 Lloyd W. Rumse nd Edna Rums , J/T 15999 50 alle, Colorado 80645 Albert E. Bush a Carole E. B , J/T 16940 W County Road 394 La e, Colorado 80645 Lila Elliot 3368 S. eida Way Den , Colorado 80224 Joe Wernin 2710-1 Street Drive Apt . 4 G ey, Colorado 80631 Helen Pauline ffer 211 Sout unison Buen ista, Colorado 81211 8 9.71951 Ruth Berkenk r 2410 S. tman Street Deny , Colorado 80219 Charles Niccol ' d Judy Nicco ' , J/T 16687 d County Road 394 La le,, Colorado 80645 Herbert E. all and Ava L. all , J/T 23 WCR 35 Salle, Colorado 80645 Elaine C. R' 16663 County Road 394 L le, Colorado 80645 Jeff L. Ander and Teresa J . Berson, J/T 23795 R 34 L alle, Colorado 80645 Ellis H. Lu and Lois J . her 16 WCR 394 a Salle, Colorado 80 Kathlene M. G ner and Marlene F troh, J/T 16843 394 L alle, Colorado 80645 Larry A. Barde nd Marilyn L. rden, J/T 23533 35 La le, Colorado 80645 A. C. Vale • and Marcel . Valencia 23 WCR 35 a Salle, Colorado 80645 Wayne A. Haa tad and Janet A. agenstad 23981 unty Road 35 L alle, Colorado 80645 Glenn Werning a a Glenn J . We ng 23822 W 33-1/4 La e, Colorado 80645 9 971939 Mary 0denb 11100 38 P teville, Colorado 80651 Linda Fagerb 1912-34 venue Gre y, Colorado 80631 Gary Werni 509 0a treet Wi or, Colorado 80550 Katherine F ' abeth Dahlin P. 0. 145 Ev , Colorado 80620 Leonard L. Slife and Evelyn B. Slife, J/T 23885 WCR 35 La Salle, Colorado 80645 Norman Gurney Cecelia ey, J/T 1686 R 394 alle, Colorado 80645 Jeanette D. Troup 3102 17th Ave Apt #172 Greeley, Colorado 80631 Estate of Jesse Werning Joe Werning - Pers . Rep. 2710 19th St . Dr. #4 Greeley, Colorado 80631 Estate of Marion C. Dahlin, Ronald M. Dahlin, Pers. Rep. P. O. Box 8417 Fort Collins, Colorado 80524 Mineral Resources, Inc. P. 0. Box 328 Greeley, Colorado 80632 Margaret June Ewing Clement 22080 Weld County Rd 33 La Salle, Colorado 80645 Robert T. Ewing and Mardelle L. Ewing 16512 Weld County Road 46 La Salle, Colorado 80645 10 Piti 051 H & C Colton Company 1100 NE Loop 410, Ste 738 San Antonio, Texas 78209-1522 C. A. Patche 3151 S. mine Way De r, Colorado 80222 Robert L. Snyder 807 Aspen Dr Cody, Wyoming 82414 S1 /2SW1 /4, Section 11 , Township 4 North, Range 66 West of the 6th P.M. , Weld County, Colorado Frank Wilson III 1250 NE Loop 410, Ste 300 San Antonio, Texas 78209 Nina Sue Storm 1989 Trust Donna Storm Barrow TTEE 3900 Lakeplace Lane Austin, Texas 78746 Richard R. Storm P. O. Box 6232 San Antonio Texas 78209-0232 -----tack wi s�Trustee of Rev Tr Agrmt Dtd 10/24/85 7112 Serrano Fort Worth, Texas 76126 Margaret June Ewi ement 22080 Wel my Rd 33 La S e, Colorado 80645 Robert T. Ewing an Mardelle L. E ' g 16512 We ounty Road 46 La S e, Colorado 80645 H & C Colton any 1100 NE 410, Ste 738 San onio, Texas 78209-1522 C. A. Patchen 3151 S. J ine Way Denve , Colorado 80222 11 97.1051 Robert L. S r 807 As r Cod , Wyoming 82414 Frank Wilson 1250 NE p 410, Ste 300 San onio, Texas 78209 Nina Sue Storm 1 rust Donna Stor row TTEE 3900 L place Lane Au n, Texas 78746 Richard R. Sto P. 0. B 32 San onio, Texas 78209-0232 Jack Wilson Tru of Rev Tr t Dtd 10; /24/85 7112 S ano F orth, T s 76126 Margar June Ewing Clement 220 Weld County Rd 33 L Salle, Colorado 80645 andy Russell Ewing P. 0. Box 660 La Salle, Colorado 80645 Nina B. Headley 22335 WC Rd 35 La Salle, Colorado 80645 H & C Colton Co 1100 NE 410, Ste 738 Sa onio, Texas 78209-1522 C. A. Patchen 3151 S. mine Way Den , Colorado 80222 Robert L. er 807 As Dr Co , Wyoming 82414 Nina Sue Storm 1 rust Donna Storm row TTEE 3900 L lace Lane Au n, Texas 78746 12 "?j osh Richard R. St P. 0. B 32 San onio, Texas 78209-0232 Frank Wil 1250 oop 410, Ste 300 Antonio, Texas 78209 Jack Wilson Tr ee of Rev Tr rmt Dtd 10; /24/85 7112 S ano For orth, Texas 76126 argaret June ' g Clement 22080 We ounty Rd 33 La e, Colorado 80645 Randy Rus wing P. O. x 660 alle, Colorado 80645 Nina B. Headle 22335 WC La S e, Colorado 80645 H & C Colton C y 1100 NE 410, Ste 738 San onio, Texas 78209-1522 C. A. Patchen 3151 S. mine Way De r, Colorado 80222 Robert nyder 807 pen Dr dy, Wyoming 82414 Nina Sue Storm 19 ust Donna Storm row TTEE 3900 L ace Lane Au n, Texas 78746 Richard R. rm P. O. x 6232 Sa ntonio, Texas 78209-0232 Frank Wilso I 1250 N op 410, Ste 300 San tonio, Texas 78209 13 9 ,71 959 Jack Wilso rustee of Rev Agrmt Dtd 10; /24/85 711 errano rt Worth, Texas 76126 7/16/93 14 971959 ADDENDUM II SURFACE OWNERS Section 1 , Township 4 North, Range 66 West of the 6th P.M. , Weld County, Colorado Jerome H . and Lydia Loeffler W1/2NW1/4 23896 Weld Co Rd 35 105701000041 La Salle, Colorado 80645 A. C. and Marcella Valencia W1 /2NW1 /4 23522 WCR 35 105701000042 La Salle, Colorado 80645 Section 2, Township 4 North, Range 66 West of the 6th P.M. , Weld County, Colorado Larry A. and Marilyn L. Barden Part of NE1/4 23533 Weld Co Rd 35 105702000043 La Salle, Colorado 80645 Herbert E. and Ava L. Small Part of NE1/4 Rt . 2, Box 79H 105702000044 La Salle, Colorado 80645 Jeff L. and Teresa J . Anderson Part of NE1/4 23795 Weld Co Rd 35 105702000045 La Salle, Colorado 80645 Wade L. Wagner Part of NE1/4NE1/4 23855 Weld Co Rd 35 105702000046 La Salle, Colorado 80645 Evelyn B. Slife Part of NE1/4NE1/4 23885 WCR 35 105702000047 La Salle, Colorado 80645 1 7 059 Raymond G. and Teresa M. Nance Part of NE1 /4NE1/4 23915 Weld County Rd 35 105702000049 La Salle, Colorado 80645 Wayne A. and Janet A. Haagenstad Part of NE1/4 23981 Co Rd 35 105702000050 La Salle, Colorado 80645 Albert E. and Carole E . Bush Part of NE1/4NE1/4 16940 Weld Co Rd 394 105702000048 La Salle, Colorado 80645 Orlando R. and Gloria F. Mestas Part of NE1/4NE1/4 16950 Weld Co Rd 394 105702000070 La Salle, Colorado 80645 Harry and Terry T . Matsushima Part NE1 /4 22505 Weld Co Rd 33 105702000072 La Salle, Colorado 80645 Curtis Harris Part NE1/4 16750 Weld Co Rd 394 105702000073 La Salle, Colorado 80645 Harry and Terry co Matsushima Part NE1 /4 22505 Weld d 33 105702000069 La Sa , Colorado 80645 A. C. and Marcella M. Valencia Part NE1/4 23522 WCR 35 105702000071 La Salle, Colorado 80645 Glenn J . and Kathy J . Warning Part NE1 /4 23822 Weld Co Rd 33-1/4 105702000053 La Salle, Colorado 80645 Mario A. Martinez and Colleen Rose Rock Part NE1/4 16711 Weld Co Rd 394 105702000058 La Salle, Colorado 80645 2 9 71951 Clayton C. Stanley and John T. Shinkle Part SE1/4 2857 - 15th Ave Ct 105702000031 Greeley, Colorado 80631 Virginia M. and Jerry L. Righthouse Part SE1/4 23201 Weld Co Rd #35 105702000030 La Salle, Colorado 80645 Charlotte T. Hill SW1 /4 16200 W.C.R. 394 105702000077 La Salle, Colorado 80645 7/16/93 3 8710n y/�� ..... ." 47x3'7 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property 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 feet of the property under consideration 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 days of the application' s submission date. 7:0^90 gal 41.-'fi2hit The foregoing instrument was subscribed and sworn to before me this IL/i, day Ciaj<4 , 1915, by ,.7-4/h6.5 /- WITNESS my hand and official seal. 9\I v '..� MY Commission expires: 4 : \ aketornat J 41 Notary Public +' My Commission Expires: _ NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL NAME STATE AND ZIP CODE IDENTIFICATION # SEE ADDENDUM II ATTACHED 0 4 n :A7 Hello