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Home My WebLink About940120.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND REVISED SPECIAL REVIEW PERMIT FOR EXCAVATION OF SOIL TO BE USED FOR SANITARY LANDFILL COVER - WASTE SERVICES CORPORATION WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 2nd day of February, 1994, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Waste Services Corporation, 6037 77th Avenue, Greeley, Colorado 80634, for a Site Specific Development Plan and Revised Special Review Permit for excavation of soil to be used for sanitary landfill cover on the following described real estate, to-wit: Part of the SE,' of Section 31 and part of the St of Section 32, Township 5 North, Range 66 West of the 6th P.M. , and part of the NI of Section 5, Township 4 North, Range 66 West of the 6th P.M. , Weld County, Colorado WHEREAS, said applicant was represented by Arthur Roy, Attorney, Marian King, Counsel for Waste Services, and Leonard Butler, Engineer for Waste Services, and WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards for review of said Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 24. 7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24.4.2 of the Weld County Zoning Ordinance as follows: a. The revised proposal is consistent with the Comprehensive Plan policies in that the use does not infringe on continued agricultural use in the vicinity or County. b. The revised proposal is consistent with the intent of the A (Agricultural) Zone District and it is provided for as a Use by Special Review. 940120 e Pe-;NI;ties rfsvc c ,Roy REVISED SPECIAL REVIEW PERMIT - WASTE SERVICES CORPORATION (USR 111012) PAGE 2 c. The proposed use will be compatible with the existing surrounding land uses, which include agricultural production, cattle grazing, horse boarding, and oil and gas production. d. The proposed use will be compatible with future development of the surrounding area as permitted by the existing zone district and with future development, as projected by the Weld County Comprehensive Plan. Post-closure activities will reclaim the site to an area suitable for agricultural uses or open space. e. No overlay districts affect the site. f. Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Waste Services Corporation for a Site Specific Development Plan and Revised Special Review Permit for excavation of soil to be used for sanitary landfill cover on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1. The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Prior to commencement of the Special Review activity: a. The applicant shall notify the Weld County Engineering Department. b. The applicant shall post warning signs north and south of the truck cross-over point on Weld County Road 27.5. 4. Prior to recording the Special Review Permit plat, the plat shall be amended to include all information as required by Section 24. 7.4 of the Weld County Zoning Ordinance. 940120 REVISED SPECIAL REVIEW PERMIT - WASTE SERVICES CORPORATION (USR #1012) PAGE 3 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following/ vote on the 2nd day of February, A.D. , 1994. /V �,� BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk to the Board/ 1P� W. H. Webster, Chairman BY: (1; //�/t er--ter eputy Clerk to the Board 'Mal Hall, P em APPROVED AS TO FORM: c (� Gee Baxter County Attorney �� `� i/� � � ' Zi�G y Constance L. Harbert/ i Barbara J. Kirk yer ti i 940120 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS WASTE SERVICES CORPORATION REVISED USA #1012 1. The Site Specific Development Plan and Revised Special Review Permit is for excavation of soil to be used for sanitary landfill cover and as otherwise needed for operations, closure, or post-closure in the A (Agricultural) Zone District as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. The excavation of soil is limited to 2 parcels of 30 acres each, more or less, lying within the 100 acres, more or less, buffer property, as designated in the application materials. 4. Soils removed from the buffer property shall be used for sanitary landfill cover and as otherwise needed for operations, closure, or post-closure. 5. All groundwater remediation activities on the site shall be conducted in strict accordance with State and County Health Department requirements. 6. Hours of excavation and construction on the property shall be Monday through Saturday from 7:00 a.m. to 5:30 p.m. , or as otherwise approved in writing by the Department of Planning Services. 7. The applicant shall meet the requirements set forth in the approved closure/post-closure plan for the Central Weld Sanitary Landfill, dated October 8, 1993, prepared by Rust Environment and Infrastructure for Waste Management Disposal Services of Colorado, Inc. 8. The applicant shall contact the Colorado Oil and Gas Conservation Commission Office if a well casing is located during excavation of the buffer property. 9. Signs shall be posted north and south of the cross-over on Weld County Road 27.5 warning traffic of construction activities on site. 10. A traffic control person shall be present at the cross-over at all times when heavy equipment is crossing Weld County Road 27.5. 11. Soils inadvertently deposited on the road as a result of crossing activity shall be removed daily as needed. 940120 DEVELOPMENT STANDARDS - WASTE SERVICES CORPORATION (REVISED USR #1012) PAGE 2 12. A Weld County Transport permit shall be obtained by the applicant for overweight and over-width vehicles, as needed, from the Weld County Engineering Department. 13. The existing Air Pollution Emission Notice (A.P.E.N. ) shall be modified for the increased operation if the Colorado Department of Health determines that such a modification represents a significant change in emissions or production. 14. The maximum permissible noise level shall not exceed the industrial limit of 80 db(A) , as measured according to 25-12-102, Colorado Revised Statutes. 15. The removal and stockpiling of soil shall not interrupt any remedial activities at this facility. 16. The applicant shall comply with West Greeley Soil Conservation District recommendations in reclaiming the buffer areas. a. No area larger than 5 acres shall be excavated at one time, with reclamation following each individual excavation. b. Reclaimed slopes shall not be greater than 3: 1. c. At least 2 feet of clay material shall cover the bedrock, with 8 inches of topsoil over the subsoil. d. The buffer areas shall be revegetated with native grasses suitable to the site. 17. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 18. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 19. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 20. Personnel from the Weld County Health Department, Weld County Department of Planning Services, State Health Department, and West Greeley Soil Conservation District shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. 940120 DEVELOPMENT STANDARDS - WASTE SERVICES CORPORATION (REVISED USR #1012) PAGE 3 21. The Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 22. 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. 940120 HEARING CERTIFICATION DOCKET NO. 94-14 RE: SITE SPECIFIC DEVELOPMENT PLAN AND REVISED SPECIAL REVIEW PERMIT FOR EXCAVATION OF SOIL TO BE USED FOR SANITARY LANDFILL COVER - WASTE SERVICES CORPORATION A public hearing was conducted on February 2, 1994, at 10:00 A.M. , with the following present: Commissioner W. H. Webster, Chairman Commissioner Dale K. Hall, Pro-Tem Commissioner George E. Baxter Commissioner Constance L. Harbert Commissioner Barbara J. Kirkmeyer Also present: Acting Clerk to the Board, Shelly Miller Assistant County Attorney, Lee Morrison Planning Department representative, Gloria Dunn The following business was transacted: I hereby certify that pursuant to a notice dated December 29, 1993, and duly published January 20, 1994, in the Windsor Beacon, a public hearing was conducted to consider the request of Waste Services Corporation for a Site Specific Development Plan and Revised Special Review Permit for excavation of soil to be used for sanitary landfill cover. Lee Morrison, Assistant County Attorney, made this a matter of record. Gloria Dunn, Planning Department representative, entered the favorable recommendation of the Planning Commission into the record as written. She stated staff would like two additional matters added: 1) Additional technical information, including a legal description, needs to be added to the plat; and 2) Staff recommends the realignment of Weld County Road 27.5 not be considered a major change from the Special Review Permit; thus, an amendment would not be required. Ms. Dunn further explained the applicant has agreed to provide the additional information for the plat and clarified it would not be Waste Services' responsibility to amend its plat due to the road realignment. Mr. Morrison explained Engineering and ownership plats would be prepared for the realignment and a Special Review Permit could not be amended without a hearing. Drew Scheltinga, County Engineer, reviewed the paving plans for Road 27.5 and indicated he had met with Michael Hayes, surrounding property owner, concerning the road realignment. He said the Board directed Engineering to proceed with the final design for the road during the work session concerning the 1994 Road Plan. Mr. Scheltinga said RUST Engineering has provided aerial photographs and engineering documents; however, there are still questions which need to be answered. He referred to an overhead diagram, Exhibit H for the record, showing the existing alignment and the recommended realignment. Mr. Scheltinga explained the advantages and disadvantages of said realignment, indicating the costs should not vary dramatically. In response to a question from Commissioner Kirkmeyer, Mr. Scheltinga indicated he had not spoken with the landowner to the north concerning right-of-way. Arthur Roy, Attorney representing the applicant, was present and stated the closure of this landfill has been an on-going process, with this plan being the last leg. He noted the Permit had been approved by staff and the Planning Commission and has the endorsement of Waste Services and the Ashton-Daniels Neighborhood Association. Mr. Roy explained the Permit will allow Waste Services to use the soil necessary to cover the landfill, with some areas now ready for final cover. He confirmed the Conditions of Approval and Development Standards are acceptable. After discussion, Ms. Dunn indicated there are 22 Development Standards and an additional Condition of Approval could be added concerning the additions to the plat. She clarified the comment 940120 P 37 cc ; PP RE: HEARING CERTIFICATION - WASTE SERVICES CORPORATION (USR #1012) PAGE 2 concerning an amendment should not be necessary due to the road realignment would not need to be a Condition of Approval. Mr. Roy confirmed staff's comments were acceptable. Leonard Butler, Engineer for Waste Services, indicated conceptual agreement to the realignment and said they will also provide engineering support for the work. Greg Hobbs, Attorney representing the Neighborhood, indicated they support the application with the Planning Commission's recommendation. He stated they will continue to work with Waste Services concerning the dust on Weld County Road 52, which could be solved by oiling rather than paving. Ms. Dunn read the suggested language for Condition of Approval 114 as follows: "Prior to recording the Special Review Permit plat, the plat shall be amended to include all information as required by Section 24. 7.4 of the Weld County Zoning Ordinance. " Marian King, Counsel for Waste Services, indicated acceptance of said Condition. Commissioner Kirkmeyer moved to approve the request of Waste Services Corporation for a Site Specific Development Plan and Revised Special Review Permit for excavation of soil to be used for sanitary landfill cover, based on the recommendations of the Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards as entered into the record, and the addition of Condition of Approval #4 as stated by staff. The motion was seconded by Commissioner Baxter, and it carried unanimously. This Certification was approved on the 7th day of February, 1994. APPROVED: ATTEST:I� �"" �/ Ma BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COL9RAD0 Weld County Clerk to the Board -q By: W. H. Webster, Chairman Deputy Cler to the Boar —� J J� Dale ,K. Hall, Pro- em TAPE #94-07 -I' r� CA 2 /64:2eo . Baxter( DOCKET #94-14 Constance L. Harber PL0637 1� fa- x, J /d/1 JZC Barbara J. Kirk eyer 940120 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 2nd DAY OF February 1994: DOCKET 0 94-01 - Closure/Post-Closure Plan for Waste Services Corporation (01/05/94) DOCKET 194-14 — Revised Special Review Permit for Waste Services Corporation DOCKET I! 94-13.- Change of Zone for Michael and Pamela Guttersen DOCKET II PLEASE write or print your name legibly, your address and the DOCKET It (as listed above) or the name of the applicant of the hearing you are attending. NAME ADDRESS HEARING ATTENDING tet 7) c...-171?.. -ale/ 43/ S S (cke. (11.42.,e_..,- •Cc-tn" L.te4.t4z PG�(c-lvCi C` J�///.64 ��m u� 5/Y/4 �,E'i Ee V /)i(m, i C,i`-e it- 7 / a9 4. / t- 2 ,L ,7 ,J /%0P - /O tip .Sc« t V&, dire l LIB, , ;I':di .Y.c)� Jam,, .� 7✓�it{ id/ 441-174-4—_-- 267 so6,)(ic_.3(, L, c4LC Co Cc> C ( . . 1,ii,:tL'I✓.; c cSi-e,t )le.)ci. \ 13oI 1, I . ( e 1 /1.t iI,a..16u41(1 , (O . a ()Li I3 Lev nom yS,,-71-4),,,,j/ 4 ,. `J 7/1 z 1fJ .-k. 1 .SC•I .` C -I go U L 1 JC11`1A 1L 'we,0 S OLt Ni Ew-:K �� r^.• I v-- iy; :):cP. C�...G\\ , -. r,' C 'e' .'. f_,',,, k„, I:: ,.r ^ • ,,-- l i a IAA,�2'�u IA ':,T,Lifi✓Gl' roi.!•( ( O &/e11, S-Q IV.tcS, 940120 EXHIBIT INVENTORY CONTROL SHEET Case &v. use - A4.,5,-z? d/Ce s (372. , Exhibit J Submitted By Exhibit Description•%B. f lJ/912172q/ymn il2ezD7 /LC -GC zy ezer ipie- et D72- f4 ,Nc. fiC/9ivr2,q Lrfi n2� cr � i��2-yoiaL2 1 n-� /2-/ff D. ��C C,/�� ZeL L/ _ �DZC�l i' 7 et- Ce, e z y its S fr-el - „s and-�� ccc/z GtvY / e c-Li l•249 E. fl(/ 2date Gamfzey,,n.t ,za-C,C�Ct1X4n cLA ;;-7 F. ?La:1nin (6n17ru5s/err-- /1/1/6'- car,�2,#--2eece-&-erz ELtw co,n� Abut Coco 42(#E. re- 9I G. fh ' -k AIWA Kh N.: &ift:u .att. Po kc. Doti'potin, '464 * H. Clifid ntliCk Salk LUCK ,'7. 5 -- I. o `a J. K. L. M. N. 0. P. Q• R. S. T. U. V. W. X. Y. Z. 940120 NOT I C E The Board of County Commissioners of Weld County, Colorado, on February 2, 1994, conditionally approved a Site Specific Development Plan and Revised Special Review Permit for the property and purpose described below. Conditional approval of this plan creates a vested property right pursuant to Article 68 of Title 24, C.R.S. , as amended, for a period of three years. APPLICANT: Waste Services Corporation 6037 77th Avenue Greeley, Colorado 80634 LEGAL DESCRIPTION: Part of the SE,' of Section 31 and part of the SI of Section 32, Township 5 North, Range 66 West of the 6th P.M. , and part of the N; of Section 5, Township 4 North, Range 66 West of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: Excavation of soil to be used for sanitary landfill cover SIZE OF PARCEL: 100 acres, more or less Failure to abide by the terms and conditions of approval will result in a forfeiture of the vested property right. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN CLERK //T�O/THE / BOARD BY: �/1'I.P.C.WJ-i(..t c..Qaiitj Deputy C rk to the Board PUBLISHED: February 10, 1994, in the Windsor Beacon 940120 S AFFIDAVIT OF PUBLICATION Ths treed of tleWnty STATE OF COLORADO Co • County,Colorado,on ss Fe b ruary 2, - isea, COUNTY OF WELD eb e SDevelot��a Development Plow Specific and I, ROGER A. LIPKER, of said County of Weld, being duly pwmiittd HMs for the prates sworn,say that 1 am publisher of and purpose dement below.a��Me Condit* WINDSOR BEACON aiBOpaa 1 ofa.this aiiNas a weekly newspaper having a general circulation in said County and State, published in the town of WINDSOR, in appal of . said County and State; and that the notice, of which the AM: annexed is a true copy, has been published in said weekly �a Corpo for / successive weeks, that the notice was �m published in the regular and entire issue of every number of W' Ccila a the paper during the period and time of publication, and in the newspaper proper and not in a supplement, and that I�riavat�ponf the SE Id' the first publication of said notice was in said paper bearing f st one al the date of the ale Ihi of 5 /o day of -�./ of A.D., 19 and the �ew..nr s e�west last publication bearing the date the ID A .end peal M day of D., 19_and that N 1 or eedm 6, A Township 4 North, the said WINDSOR BEACON has been published N ampo 00 West 0tM continuously and uninterruptedly for the period of 5 alli Colorado f kt"Weld Cave continuously weeks, in said County and State, prior to the G date of first publication of said notice, and the same is a 'TYPE AND OP v APPROVED Yon Si: newspaper within the meaning of an Act to regulate priming 11101 ee d aoii le of legal notices and advertisements, approved May 18, tw*1 1931, and all prior acts so far as in force. SSHEaw ,OF PARCEL 1007g ( — Faur to or less jf-A1/4- termsm abide by s at ISHER Nana wtdbonathlN of epproW WA recur In■ toddled Ss wed Subscri d and sworn to before me this i/ day of plitlegli 7.c e etely , 19 19 ,¢ d Ae2t /s �` rn � -771'4 1 , (1,A ( NOTARY PUBLIC BY: DONALD "D. t .2./ 2-., /,C wACLEIIK TO My commission expires1. Tx BY: Shelly K. Millar, Deputy Clerk to the leabeelist. kg Ise WIllemr SONS se Pa/gi111tA t01. 340120 NOT I C E Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the Site Specific Development Plan and Revised Special Review Permit are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. DOCKET NO: 94-14 APPLICANT Waste Services Corporation 6037 77th Avenue Greeley, Colorado 80634 DATE: February 2, 1994 TIME: 10:00 a.m. REQUEST: A Site Specific Development Plan and Revised Special Review Permit for excavation of soil to be used for sanitary landfill cover LEGAL DESCRIPTION: Part of the SEI of Section 31 and part of the S? of Section 32, Township 5 North, Range 66 West of the 6th P.M. , and part of the NI of Section 5, Township 4 North, Range 66 West of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 1.5 miles northeast of Milliken BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: Linda M. Dodge Deputy Clerk to the Board DATED: December 29, 1993 PUBLISHED: January 20, 1994, in the Windsor Beacon -x h/ � 910120 AFFIDAVIT OF PUBLICATION STATE OF COLORADO ss gni CANT: Waste i COUNTY OF WELD Pursuant to the imam k.44 Qagandon, laws of the State of ! . Avenue, I, ROGER A. LIPKER, of said County of Weld, being duly Greeley, Colorado Colorado and the wad 90894 swum,say that I am publisher of County Zoning Ordinance, a public DATE:Febwry2,1994 WINDSOR BEACON hearing will be held in the Chambers of the I 1St: a. lt09m. Board of County • a weekly newspaper having a general circulation in said Cdnertbelorers of Weld REQUEST: A Site County and State, published in the town of WINDSOR, in County.Colorado•Weld Specific Development said County and State; and that the notice, of which the County Centennial Plan and Revised ar i Gem ,915 10th Street, Special Review Permit annexed is a true copy, has been published in said weekly First Floor, Greeley, f«eaawdlon of soil to for / successive weeks, that the notice was Colorado. at the time be used for sanitary published in the regular and entire issue of every number of apadfled. All persons any manner interested the paper during the period and time of publication, and in in the Site Specific LEGAL DESCRIPTION: the newspaper proper and not in a supplement, and that Development Plan and Part of the SE 1/4 of the first publication of said notice was in said paper bearing Revised*wild Review Seddon 91 and part of the date of the Per nit ate requested o the S'1/2 of Section , R. attend and may be Township S North, _day of CG»ASorlc4 , A.D., 19 and the heard. Range Se West of the last publicatio Baring the date of the should the applicant or 6tt PAD.,and part of the day of A.D., 19_ and that N 1/P of Section 5, any interested party. Township 4- North, the said WINDSOR BEACON has been published deNretit•pres•"a••f• Range 68 Neat of the continuously and uninterruptedly for the period of 5 court reporur to make s 8th P.M.,Weld County, record of the consecutive weeks, in said County and State, prior to the proceedings,in addition condo of first publication of said notice, and the same is a to the taped record LOCATION : newspaper within the meaning of an Act to regulate printing whkh will be kept dudng IS miles of legal notices and advertisements, approved May 18, the hearing,the Clerk to the Board's Office Nell !" 1931, and al l prior ads so far as in force. be advised in writing of B ID OF NTY /C�v such action at least live CI�IIfII{N ;"w ' Rs, ` days prior to the ,+4i4 Marine. Tha cost of '$ v' engaging a court C0.CNIIr9 6 ISHER reportll be borne 0°' yam pony. I BY: DONALD D. +,{ day of IM w WELD Subs ribed and sworn to before me this o2Y BE IT ALSO KNOWN CO OLENK TO eL.".1A—esy , 19 94/ that the text and maps T RD ��aP sO Cot" oon y by IM Weld Y Linda M. Dodge. �C/ C-IM td County Planning 9 Commission may be ',Deputy Clerk to the NOTARY PUBLIC examined in led office of S••ra the my ccthe Commissioners, Bond of DATED:December 29, My commission expires / p-, /gig (o County Commissioners. (/ / located in the Weld I99S County Cealalsn}' •__11th__ in the Center,915 tell Welt 1e'In/aer Maoon he Third-Flom:aealey. Wiled a IBM. Colorado. DOCKET NO:AVM 940120 CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket #94-14, was placed in the United States mail, postage prepaid, addressed to the following property owners. DATED this p2 /A7 day of $GL 12 cL6l./tt1 , 1994. l/ Deputy Clerk to the Board Dos Rios, Inc. 17 Dos Rios Greeley, CO 80631 Susie Ohlsen 1924 30th St.Rd. Greeley, CO 80631 940120 CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket #94-14 was placed in the United States mail, postage prepaid, addressed to the following property owners. DATED this / %7*‘? day of jt2-zctic2cy 1993. ( � 9Y) z-'e - Deputy Clerk to the Bo d Ella Marie Hayes and Susanne Stephens Nancy L. Kiel Box 773 211 Wolfe Avenue Saratoga, WY 82331 Colorado Springs, CO 80906 Waste Management Disposal Services M. Suzanne Finni of Colorado, Inc. 1217 Ward Drive 5660 Greenwood Plaza Blvd. , Suite 400 Greeley, CO 80634 Englewood, CO 80111 Joseph W. Brough, Jr. Heirs of Ann Spomer, et al 5225 S. Prince St. #609A c/o Louis Reikert Littleton, CO 80123 1st National Bank PO Box 1058 Dos Rios, Inc. Greeley, CO 80632 1 Dos Rios Greeley, CO 80631 Waste Mangement Disposal Services of Colorado, Inc. Dorothy M.R. Swayne c/o Arthur P. Garcia 900 Saturn Drive, #204 13998 WCR 378 Colorado Springs, CO 80906 Milliken, CO 80543 Morning Fresh Farm, Inc. Samuel S. and Myrtle Ann Telep ATTN: Joe Raith 2315 54th Avenue 15121 WCR 32 Greeley, CO 80634 Platteville, CO 80651 G.D. Mossberg and Janet Sherrod- Cache Energy Investments Mossberg 1221 28th Ave. , Suite 1 4603 83rd Avenue Greeley, CO 80631 Greeley, CO 80634 Rose Bejarano and Andrew Garcia, Louis E. Spomer Conservators of Rose Garcia Estate 4055 S. Oneida St. 2057 South Gray Drive Denver, CO 80237 Lakewood, CO 80227 Vern Keith and Melodie Rae Kammerzell Kenneth F. King and Steve D. and Douglas L. 900 Pennsylvania St. Kammerzell Denver, CO 80203 12314 Highway 60 Milliken, CO 80543 940120 REV.USR 1012 - WASTE SVCS, CORP. CERTIFICATE OF MAILING PAGE 2 Susie Ohlsen Snyder Oil Corporation 1924 20th St. Rd. 1625 Broadway, Suite 2200 Greeley, CO 80631 Denver, CO 80202 Elizabeth Louise Spomer Damson Investment Group, Inc. 1015 South Gilpin 366 Madison Ave. Denver, CO 80209 New York, NY 10017 Alarado Corporation Union Pacific Resources Company 215 Union Blvd. , Suite 450 PO Box 7 Lakewood, CO 80228 Fort Worth, TX 76101 Christopher Bovich Waste Services Corporation 1125 17th St. , Suite 2400 6037 77th Avenue Denver, CO 80202 Greeley, CO 80634 Edward Cerullo Gregory J. Hobbs, Jr. c/o Kidder, Peabody and Co. Hobbs, Trout, & Raley, PC 10 Hanover Square 1775 Sherman St. , Suite 1300 New York, NY 10005 Denver, CO 80203 Max C. Chapman, Jr. Michael S. Hayes Normura Securities Int. , Inc. 8200 W. 49th St. 2 World Financial Center Greeley, CO 80634 New York, NY 10281-1198 Arthur P. Garcia Stephen B. Evans and Co. 13998 WCR 378 215 Union Blvd. , Suite 450 Milliken, CO 80543 Lakewood, CO 80228 Robert 0. Feeney 416 Albenarle Rd. Cedarhurst, NY 11516 Johnie Ourts 18 Bellview Lane Littleton, CO 80121 Barry L. Snyder 777 S. Wadsworth Blvd. Bldg 4, Suite 215 Lakewood, CO 80226 Gertrude Weber Malvern Farm Route 3 Box 162 Charlottesville, VA 22903 Colorado Energy Minerals, Inc. PO Box 394 Evergreen, CO 80439 940120 DEPARTMENT OF PLANNING SERVICES ' PHONE(303)353.3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140C. GREELEY, N. ORAAVENUEO631 COLORADO 80631 COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday, December 21, 1993, at 1:30 p.m. for the purpose of considering a Site Specific Development Plan and a Revised Special Review permit for the property described below. Approval of the request may create a vested property right pursuant to Colorado Law. APPLICANT: Waste Services Corporation LEGAL DESCRIPTION: Part of the SE4 of Section 31, and part of the S2 of Section 32, in T5N, R66W and part of the N2 of Section 5, T4N, R66W of the 6th P.M. , Weld County, Colorado. TYPE AND INTENSITY OF PROPOSED USE: Excavation of soil to be used for sanitary landfill cover in the A (Agricultural) zone district. LOCATION: Approximately 1.5 miles northeast of the Town of Milliken. SIZE: 100 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 December 21, 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) tim y N ember 25, 1993. Received by: Date: II .' 940120 940120 INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant: Waste Service Corp. Case Number: Revised USR-1012 Submitted or Prepared Prior to Hearing At Hearing 1. Application 50 pages X 2. 1 Application plat 1 page X 3. DPS referral summary sheet and letter X 4. DPS letter to applicant X 5. DPS Recommendation X 6. DPS Surrounding Property Owner/Mineral Owner Mailing list, letter and certificate. X 7. 2 DPS Maps Prepared by Planning Technician X 8. DPS Notice of Hearing X 9. DPS Case File Summary Sheet X 10. DPS Field Check X 11. October 13, 1993, Board of County Commissioners Resolution X 12. December 2, 1993, referral from Weld County Engineering Department X 13. November 30, 1993, referral from Army Corps of Engineers X 14. December 2, 1993, referral from Colorado Oil and Gas Commission X 15. December 8, 1993, referral from Weld County Health Department X 16. December 15, 1993, referral from West Greeley Soil Conservation District X 17. December 13, 1993, referral from Colorado Geological Survey X 18. December 7, 1993, letter from Colorado Department of Health X 19. December 16, 1993, memo to Planning Commission X I hereby certify that the 19 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office on December 22, 1993. Gloria tune , Current Planner STATE OF COLORADO ) COUNTY OF WELD SUBSCRIBED AND SWORN TO BEFORE ME THIS&g1W-day of CQI4 QK 19 SEAL 3y , t R a `t 1 t— % • _ C ‘..4)P F �> �� NOTARY PUBLIC My Commission Expires ChS Qx kJX 11 , I qqc• 1x6; 4 940120 ,bf BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Bill O'Hare that the following resolution with an amendment to Development Standard #14, 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: Revised USR-1012 -- - NAME: Waste Services Corp. ADDRESS: 6037 77th Avenue , .i _ � Greeley, CO 80634 REQUEST: Site Specific Development Plan and a revised Special Use permit for excavation of soil to be used for sanitary landfill cover. LEGAL DESCRIPTION: Part of the SE4 of Section 31 and part of the S2 of Section 32, T5N, R66W and part of the N2 of Section 5, T4N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1.5 miles northeast of Milliken. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Sections 24.7, 44.1, and 44.2 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 revised proposal is consistent with the Comprehensive Plan policies in that the use does not infringe on continued agricultural use in the vicinity or County. The revised proposal is consistent with the intent of the A (Agricultural) zone district and it provided for as a Use by Special Review. The proposed use will be compatible with the existing surrounding land • uses, which include agricultural production, cattle grazing, horse boarding, and oil and gas production. - The proposed use will be compatible with future development of the surrounding area as permitted by the existing zone district and with future development, as projected by the Weld County Comprehensive Plan. Post-closure activities will reclaim the site to an area suitable for agricultural uses or open space. No overlay districts affect the site. Ekh,..4,/ 6 940120 RESOLUTION, Revised USR-1O12 Waste Service Corp. Page 2 Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Planning Commission's recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder' s office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Prior to commencement of the Special Review activity: a. The applicant shall notify the Weld County Engineering Department. b. The applicant shall post warning signs north and south of the truck cross-over point on Weld County Road 27.5. Motion seconded by Ron Sommer. VOTE: For Passage Against Passage Bill O'Hare Shirley Camenisch Ron Sommer Marie Koolstra Richard Kimmel The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. 940120 RESOLUTION, Revised USR-1012 Waste Service Corp. Page 2 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, Colorado, adopted on December 21, 1993. Dated the 21st o ember, 1993 /SO yn F. uff 44) Secretary 940120 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Waste Service Corp. Revised USR-1012 1. The Site Specific Development Plan and Revised Special Review permit is for excavation of soil to be used for sanitary landfill cover and as otherwise needed for operations, closure or post-closure 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 excavation of soil is limited to 2 parcels of 30 acres each, more or less, lying within the 100 acre, more or less, buffer property, as designated in the application materials. 4. Soils removed from the buffer property shall be used for sanitary landfill cover and as otherwise needed for operations, closure or post-closure. 5. All groundwater remediation activities on the site shall be conducted in strict accordance with State and County Health Department requirements. 6. Hours of excavation and construction on the property shall be Monday through Saturday from 7:00 a.m. to 5:30 p.m. , or as otherwise approved in writing by the Department of Planning Services. 7. The applicant shall meet the requirements set forth in the approved closure/post closure plan for the Central Weld Sanitary Landfill, dated October 8, 1993, prepared by Rust Environment and Infrastructure for Waste Management Disposal Services of Colorado, Inc. 8. The applicant shall contact the Colorado Oil and Gas Conservation Commission Office if a well casing is located during excavation of the buffer property. 9. Signs shall be posted north and south of the cross-over on Weld County Road 27.5, warning traffic of construction activities on site. 10. A traffic control person shall be present at the cross-over at all times when heavy equipment is crossing Weld County Road 27.5. 11. Soils inadvertently deposited on the road as a result of crossing activity shall be removed daily as needed. 12. A Weld County Transport permit shall be obtained by the applicant for overweight and over-width vehicles, as needed, from the Weld County Engineering Department. 940120 DEVELOPMENT STANDARDS Waste Service Corp. Revised USR-1012 Page 2 12. A Weld County Transport permit shall be obtained by the applicant for overweight and over-width vehicles, as needed, from the Weld County Engineering Department. 13. The existing Air Pollution Emission Notice (A.P.E.N. ) shall be modified for the increased operation if the Colorado Department of Health determines that such a modification represents a significant change in emissions or production. 14. The maximum permissible noise level shall not exceed the industrial limit of 80 db(A) , as measured according to 25-12-102, Colorado Revised Statutes. 15. The removal and stockpiling of soil shall not interrupt any remedial activities at this facility. 16. The applicant shall comply with West Greeley Soil Conservation District recommendations in reclaiming the buffer areas. No area larger than 5 acres shall be excavated at one time, with reclamation following each individual excavation. Reclaimed slopes shall not be greater than 3:1. At least 2 feet of clay material shall cover the bedrock, with 8 inches of topsoil over the subsoil. The buffer areas shall be revegetated with native grasses suitable to the site. 17. All construction on the property shall be in accordance with the requirements of the weld County Building Code Ordinance. 18. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 19. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 20. Personnel from the Weld County Health Department, Weld County Department of Planning Services, State Health Department, and West Greeley Soil Conservation District 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. 940120 DEVELOPMENT STANDARDS Waste Service Corp. Revised USR-1O12 Page 3 21. 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. 22. 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. 940120 MINUTES OF THE WELD COUNTY PLANNING COMMISSION MEETING December 21, 1993 Page 2 The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Bill O'Hare - yes; Shirley Camenisch - yes; Ron Sommer - yes; Marie Koolstra - yes; Richard Kimmel - yes. Motion carried unanimously. CASE NUMBER: Revised USR-1012 APPLICANT: Waste Services Corporation REQUEST: Excavation of soil to be used for sanitary landfill cover in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SE4 of Section 31, and part of the S2 of Section 32 in T5N, R66W and part of the N2 of Section 5, T4N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1.5 miles northeast of the Town of Milliken. Bill Hedberg, Vice-President, Waste Management Disposal Services, explained the revised application addresses the excavation plan (buffer property) , the remedial activities that will include closure post/closure, air sparging and a drainage plan (french drain) . The Central Weld Sanitary Landfill consists of 100 acres. The buffer property will be two 30 acre areas that will be used to meet on-site needs. The Chairman asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. The Chairman asked the applicant if they were in agreement with the Department of Planning Services' staff recommendation. Bill Hedberg said yes, with the exception of a change agreed upon with Jeff Stoll, Weld County Health Department, to change the decibel level on Development Standard #14 from 70 dB(a) to 80 dB(a) , and omit the word "light" . Ron Sommer moved to amend Development Standard #14, in Revised USR-1012, Waste Services Corporation to 80 dB(a) and omit the word "light" . Ron Sommer seconded the motion. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Bill O'Hare - yes; Shirley Camenisch - yes; Ron Sommer - yes; Marie Koolstra - yes; Richard Kimmel - yes. Motion carried unanimously. Bill O'Hare moved to forward Revised USR-1012, as amended, to the Board of County Commissioners with the Planning Commission's recommendation for approval. Ron Sommer seconded the motion. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Bill O'Hare - yes; Shirley Camenisch - yes; Ron Sommer - yes; Marie Koolstra - yes; Richard Kimmel - yes. Motion carried unanimously. 'L i tP('Per IX-1/ ��C 940120 Michael S. Hayes 8200 W 49th Street, Greeley Colorado 80634 Jeff Stoll December 22, 1993 Weld County Health Dept. Greeley, CO 80631 - Jeff, This letter is to confirm my complaint against the Central Weld Sanitary Landfill call made to your office this morning.The complaint was that I observed a cell of trash uncovered from the previous night. This cell still had a heavy dusting of snow from the previous afternoon and evening.No snow fell during the entire morning from midnight to the time that I observed this cell.Photographs of this uncovered cell are available. While I do not wish to reconvene the Ashton-Daniels neighborhood action group and the roller coaster events that would surely follow,we cannot sit idly by while Waste Services,Inc.continues to habitually and routinely violate not only our triparty agreement between the county,ourselves and Waste Management,but flagrantly flaunt the County, State and Federal regulations pertaining to solid waste disposal.We realize that an expeditious closing of the landfill is in the best interests of the county,but we cannot tolerate such flagitious behavior. We expect a rapid and severe reprimand to be issued to Waste Services regarding this incident.We remind you that the closure/post closure hearing has not yet occurred and we may present this and other evidence in adamant opposition. As of this date, no members of our group have received the November summary from Waste Services regarding total yards of trash received and types of trash. This seems a rather casual attitude on the part of Waste Services especially in light of the fact that I did not receive a copy of the October summary until last week and only after I specifically asked Mr. Hedburg for this summary.Three weeks ago I called in to complain about CWSL operating during high winds.The blowing trash was not only unsightly but violates State and County Law. To reiterate,we are carefully monitoring the CWSL and by all appearances,they are resuming business as usual.That is to say,running a sloppy landfill.Trash bags and debris can be seen littering the roads leading to the landfill,the landfill is strewn with litter, and now we find uncovered cells.This situation cannot be allowed to build into another acrimonious problem.We insist that your office take a severe and rapid approach in disciplining the operators of the CWSL. Sincerely Michael S. Hayes cc: Weld County Commissioners Lee Morrison,Asst. County Attorney John Pickle,Weld County Health Director Fxhl if- " or . /5/« , A"; //L 940120 Michael S. Hayes 8200 W 49th Street, Greeley Colorado 80634 Chuck Cunliffe December 22, 1993 Director Weld County Planning Department Greeley, CO Mr. Cunliffe, I was very dismayed to find out yesterday through our attorney that the Weld County Planning Department was holding a public hearing on the closure plan of the Central Weld Sanitary Landfill (Dec. 21, 1993 @ 1.OOpm). Our triparty agreement with Weld County (through Mr. Lee Morrison and yourself), Waste Management (Ms. Marion King and Mr. Tom Buchholz) and our neighborhood specifically stated and was understood by all that we would work together and you would notify us of any upcoming public hearings or meetings. As adjacent landowners surrounding the CWSL you should in any event notify us before any public hearings or meetings which may affect our properties. Because of your neglect, no such notice was given by your office. Your actions are not only callous but may seriously jeopardize the tenuous situation surrounding the Central Weld Landfill and exacerbate an already volatile issue. They bring great discredit on the Weld County administration. Of concern to our group was the lack of specific reference to the triparty agreement signed at the Weld County Commissioners office and subsequently adopted as a resolution during the October 13, 1993 County Commissioners hearing on the Central Weld County Landfill. At a minimum the CWSL closure and post closure plan should include not only language reflecting this agreement but also an appendix to include the resolution of the Weld County Commissioners adopted 13 October 1993. In the future, I insist on at least 30 day notification of any proposed meetings or hearings on the Central Weld Sanitary Landfill. Furthermore, please include in your notification; Mr. Greg Hobbs, Mr. Sam Telep, and Ms. Jane Carlson. Sincerely, Michael Hayes cc: Barbara Kirkmeyer, Weld County Commissioner-Planning Weld County Commissioners Lee Morrison, Weld County Asst. Attorney 940120 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION CORRECTED RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Bill O'Hare that the following resolution with an amendment• to Development Standard #14, 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: Revised USR-1012 NAME: Waste Services Corp. ADDRESS: 6037 77th Avenue Greeley, CO 80634 REQUEST: Site Specific Development Plan and a revised Special Use permit for excavation of soil to be used for sanitary landfill cover. LEGAL DESCRIPTION: Part of the SE4 of Section 31 and part of the S2 of Section 32, T5N, R66W and part of the N2 of Section 5, T4N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1.5 miles northeast of Milliken. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Sections 24.7, 44.1, and 44.2 of the Weld County Zoning Ordinance. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: The revised proposal is consistent with the Comprehensive Plan policies in that the use does not infringe on continued agricultural use in the vicinity or County. The revised proposal is consistent with the intent of the A (Agricultural) zone district and it provided for as a Use by Special Review. The proposed use will be compatible with the existing surrounding land uses, which include agricultural production, cattle grazing, horse boarding, and oil and gas production. The proposed use will be compatible with future development of the surrounding area as permitted by the existing zone district and with future development, as projected by the Weld County Comprehensive Plan. Post-closure activities will reclaim the site to an area suitable for agricultural uses or open space. No overlay districts affect the site. ��xhib�f ca. n1r.c, 940120 RESOLUTION, Revised USR-1012 Waste Service Corp. Page 2 Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Planning Commission's recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder' s office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Prior to commencement of the Special Review activity: a. The applicant shall notify the Weld County Engineering Department. b. The applicant shall post warning signs north and south of the truck cross-over point on Weld County Road 27.5. Motion seconded by Ron Sommer. VOTE: For Passage Against Passage Bill O'Hare Shirley Camenisch Ron Sommer Marie Koolstra Richard Kimmel The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. 940120 RESOLUTION, Revised USR-1012 Waste Service Corp. Page 2 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, Colorado, adopted on December 21, 1993. D ted the 21st of De ber, 1993 Sharyn F. Ruff Secretary 940120 p - SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Waste Service Corp. Revised USR-1012 1. The Site Specific Development Plan and Revised Special Review permit is for excavation of soil to be used for sanitary landfill cover and as otherwise needed for operations, closure or post-closure 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 excavation of soil is limited to 2 parcels of 30 acres each, more or less, lying within the 100 acre, more or less, buffer property, as designated in the application materials. 4. Soils removed from the buffer property shall be used for sanitary landfill cover and as otherwise needed for operations, closure or post-closure. 5. All groundwater remediation activities on the site shall be conducted in strict accordance with State and County Health Department requirements. 6. Hours of excavation and construction on the property shall be Monday through Saturday from 7:00 a.m. to 5:30 p.m. , or as otherwise approved in writing by the Department of Planning Services. 7. The applicant shall meet the requirements set forth in the approved closure/post closure plan for the Central Weld Sanitary Landfill, dated October 8, 1993, prepared by Rust Environment and Infrastructure for Waste Management Disposal Services of Colorado, Inc. 8. The applicant shall contact the Colorado Oil and Gas Conservation Commission Office if a well casing is located during excavation of the buffer property. 9. Signs shall be posted north and south of the cross-over on Weld County Road 27.5, warning traffic of construction activities on site. 10. A traffic control person shall be present at the cross-over at all times when heavy equipment is crossing Weld County Road 27.5. 11. Soils inadvertently deposited on the road as a result of crossing activity shall be removed daily as needed. 12. A Weld County Transport permit shall be obtained by the applicant for overweight and over-width vehicles, as needed, from the Weld County Engineering Department. 940120 DEVELOPMENT STANDARDS Waste Service Corp. Revised USR-1012 Page 2 12. A Weld County Transport permit shall be obtained by the applicant for overweight and over-width vehicles, as needed, from the Weld County Engineering Department. 13. The existing Air Pollution Emission Notice (A.P.E.N.) shall be modified for the increased operation if the Colorado Department of Health determines that such a modification represents a significant change in emissions or production. 14. The maximum permissible noise level shall not exceed the industrial limit of 80 db(A) , as measured according to 25-12-102, Colorado Revised Statutes. 15. The removal and stockpiling of soil shall not interrupt any remedial activities at this facility. 16. The applicant shall comply with West Greeley Soil Conservation District recommendations in reclaiming the buffer areas. No area larger than 5 acres shall be excavated at one time, with reclamation following each individual excavation. Reclaimed slopes shall not be greater than 3:1. At least 2 feet of clay material shall cover the bedrock, with 8 inches of topsoil over the subsoil. The buffer areas shall be revegetated with native grasses suitable to the site. 17. All construction on the property shall be in accordance with the requirements of the weld County Building Code Ordinance. 18. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 19. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 20. Personnel from the Weld County Health Department, Weld County Department of Planning Services, State Health Department, and West Greeley Soil Conservation District 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. 940120 DEVELOPMENT STANDARDS Waste Service Corp. Revised USR-1012 Page 3 21. 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. 22. 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. 940120 ADDITIONAL COMMENTS Waste Service Corp. Revised USR-1012 The Department of Planning Services has received one objection from mineral owner Dorothy Swayne. She has concerns as to how the proposed land use will affect her mineral rights. 940120 Waste Services Corporation 6037 77th Avenue Greeley, Colorado 80634 - .. . A Waste Management Company 303/330-2641 - January 25, 1994 Colorado Department of Health Air Pollution Control Division -JAN 3 11994 \\ APCD-SS-B1 4300 Cherry Creek Drive South Denver, CO 80222-1530 Arntde`r -t1 aflflt - Subject: REVISED AIR POLLUTION NOTICE CENTRAL WELD SANITARY LANDFILL Dear Sir/Madam: Enclosed is a revised Air Pollution Emission Notice (APEN) and estimate of fugitive particulate emissions which may be generated at Central Weld Sanitary Landfill (CWSL) . We wish to modify the existing APEN submitted on January 18, 1993 to include potential emissions from soil borrow activities on recently acquired buffer property. CWSL recently acquired approximately 100 acres of buffer property located immediately south of the landfill and across Weld County Road 27 . 5 east of the landfill (see attached figure 1) . CWSL proposes to excavate soil from these areas as needed to provide daily, intermediate and final cover for the landfill and for other uses on the landfill property. CWSL anticipates concluding landfilling operations by December, 1996, and in no event later than December, 1997. This revised APEN was prepared to include potential emissions from soil borrow activities on the buffer property during landfilling and closure operations. Excavation in these areas will be conducted in a phased manner. It is anticipated that no area larger than 5 acres should be excavated at any one time. Reclamation will follow each excavation as soon as practicable. Dust generated from vehicle traffic on the unpaved roads and soil stockpiles will be controlled by wetting the roads and stockpiles with water or commercially available compounds as often as necessary to control emissions. Soil stockpiles inactive for more than 180 days will be revegated during the planting season to control erosion and fugitive emissions. If you have any questions regarding this letter please contact us. Sincerely, ()An Bill Hedberg Alan Scheere Division Vice President - Environmental Specialist Landfill Operations Enclosure cc: Trevor Jiricek, WCDH John Milligan, WCDH Gloria Dunn, Weld County Planning Ex_ jut_b.if �� I 940120 C c B vc��_ II I ‘:____J\j- - v P"'" • ram-----r ... $ c 30 \ .• .D R\ 4 z- f \. , / �:- tip i _te , I - --%''.----:-,..-: -.1.:.; i ---_-__jf.1,. '-- '-, 11; ; 1-. • / . •916 — \ ' . •eve • vos \ , '/ ' 1,,'_ i \ . ‘Ityvrt::::, ill, ',XI' ( ' 1\ , ‘ J { r . r , is I \ t APPROXIMATE SITE LOCATION -- •••..._) 4.t e't.:TS , / t •';11\N\, 191 I,. 1 AI, ' I it .. . 7‘ jg•Sa;;; .:.. 3:-i 1 • / , - I I - w • ;'�, 1, �, I' • • ` Jt t 1 r l' ;\i /� '%/�� /i . • — • C.,k____:‘"\11....... �� ? ! is 'f 1 o aa/ .AAFR IFFIER ZONEA ��y` (, .a T i 1 )Big \..rte '^, 41°gip on 1 {'; /" r . , ia Tt - i• •W SIM $ N . JN'° -= 1 i• CENTRAL WELD SANITARY LANDFILL WELD COUNTY, CO. SITE VICINITY WASTE MANAGEMENT DISPOSAL SERVICES MAP OF COLORADO, INC. 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G i - < I 9 f W IX a 2 a v ,__ UO f v" o � Z v Wa r4nZ > u a 'v 9401 REVISED EMISSIONS FACTOR Emissions Factor (EF) _ (J) (SSW) N/4 Given at CWSL V = Average vehicle speed = 10 mph N = Number of wheels = 6 W = Mean annual number of days with . 01 inches or more rainfall = 80 days S = Silt content (unknown) assume 15% Y = Vehicle miles traveled per day (VMPD) - 80 refuse vehicles average per day x approximately . 5 miles of unpaved haul road from the gate house to the active disposal area = 80 (2 x . 5) = 80 - 2 construction vehicles average 30 trips per day on approximately . 5 miles of unpaved haul road from the excavation area on the buffer property to the active disposal area or stock pile = 60 (2 x .5) = 60 Total 80 (refuse vehicle miles) + 60 (construction vehicle miles) = 140 VMPD EF = 15�D x 3655-80 x 4 = 2.93 lb/lint (vehicle miles traveled per day) 60 Emissions (E) _ •3 (EF) x Y x 365/yr. = tons/year 2000 lb per ton E _ .3(2.93) (140)365 = 22.5 tons/year 2000 CWSL generates approximately 223 tonslyear of particulates f: CWSL 1.4 as\1&m\jan20.01\ehk 940120 - •_.....\_,..,..„ . ..0, •..... ..v. it •r"'",,••••=•—•'....7�"` i _ • 1 •..A` .'. ..__ams..,{,`r..,.4w' :;.:,:•va::,,\1 / ; ' 'z. 4.`'r�'s��^;~ ,. .---c. ..:;.•:••\.•�:. ; ..*:'--)...▪N ..': i is I r-" �1 tti•t cam% ;? \tea y . ., • • ' *t // L 111,1,. 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' .' / .' \--,„7-4.. ,,,,,...2..- .,.., ..... ,....... .:.,.... /,r I jJ.,,,,,-/,_:..._.,--:.,-.--- r ' - .; . '" EXHIBIT . .il.: .k' DATE: December 21, 1993 CASE NUMBER: Revised USR-1012 NAME: Waste Services Corp. ADDRESS: 6037 77th Avenue Greeley, CO 80634 REQUEST: Site Specific Development Plan and a revised Special Use permit for excavation of soil to be used for sanitary landfill cover. LEGAL DESCRIPTION: Part of the SE4 of Section 31 and part of the S2 of Section 32, T5N, R66W and part of the N2 of Section 5, T4N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1.5 miles northeast of Milliken. 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 Sections 24.7, 44.1, and 44.2 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 revised proposal is consistent with the Comprehensive Plan policies in that the use does not infringe on continued agricultural use in the vicinity or County. The revised proposal is consistent with the intent of the A (Agricultural) zone district and it provided for as a Use by Special Review. The proposed use will be compatible with the existing surrounding land uses, which include agricultural production, cattle grazing, horse boarding, and oil and gas production. The proposed use will be compatible with future development of the surrounding area as permitted by the existing zone district and with future development, as projected by the Weld County Comprehensive Plan. Post-closure activities will reclaim the site to an area suitable for agricultural uses or open space. 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. 940120 RECOMMENDATION Revised USR-1012 Waste Service Corp. 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. Prior to commencement of the Special Review activity: a. The applicant shall notify the Weld County Engineering Department. b. The applicant shall post warning signs north and south of the truck cross-over point on Weld County Road 27.5. 940120 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Waste Service Corp. Revised USR-1012 1. The Site Specific Development Plan and Revised Special Review permit is for excavation of soil to be used for sanitary landfill cover and as otherwise needed for operations, closure or post-closure 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 excavation of soil is limited to 2 parcels of 30 acres each, more or less, lying within the 100 acre, more or less, buffer property, as designated in the application materials. 4. Soils removed from the buffer property shall be used for sanitary landfill cover and as otherwise needed for operations, closure or post-closure. 5. All groundwater remediation activities on the site shall be conducted in strict accordance with State and County Health Department requirements. 6. Hours of excavation and construction on the property shall be Monday through Saturday from 7:00 a.m. to 5:30 p.m. , or as otherwise approved in writing by the Department of Planning Services. 7. The applicant shall meet the requirements set forth in the approved closure/post closure plan for the Central Weld Sanitary Landfill, dated October 8, 1993, prepared by Rust Environment and Infrastructure for Waste Management Disposal Services of Colorado, Inc. 8. The applicant shall contact the Colorado Oil and Gas Conservation Commission Office if a well casing is located during excavation of the buffer property. 9. Signs shall be posted north and south of the cross-over on Weld County Road 27.5, warning traffic of construction activities on site. 10. A traffic control person shall be present at the cross-over at all times when heavy equipment is crossing Weld County Road 27.5. 11. Soils inadvertently deposited on the road as a result of crossing activity shall be removed daily as needed. 12. A Weld County Transport permit shall be obtained by the applicant for overweight and over-width vehicles, as needed, from the Weld County Engineering Department. 940120 DEVELOPMENT STANDARDS Waste Service Corp. Revised USR-1012 Page 2 12. A Weld County Transport permit shall be obtained by the applicant for overweight and over-width vehicles, as needed, from the Weld County Engineering Department. 13. The existing Air Pollution Emission Notice (A.P.E.N. ) shall be modified for the increased operation if the Colorado Department of Health determines that such a modification represents a significant change in emissions or production. 14. 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. 15. The removal and stockpiling of soil shall not interrupt any remedial activities at this facility. 16. The applicant shall comply with West Greeley Soil Conservation District recommendations in reclaiming the buffer areas. No area larger than 5 acres shall be excavated at one time, with reclamation following each individual excavation. Reclaimed slopes shall not be greater than 3:1. At least 2 feet of clay material shall cover the bedrock, with 8 inches of topsoil over the subsoil. The buffer areas shall be revegetated with native grasses suitable to the site. 17. All construction on the property shall be in accordance with the requirements of the weld County Building Code Ordinance, 18. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 19. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance, 20. Personnel from the Weld County Health Department, Weld County Department of Planning Services, State Health Department, and West Greeley Soil Conservation District 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. 940120 DEVELOPMENT STANDARDS Waste Service Corp. Revised USR-1O12 Page 3 21. 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. 22. 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. 940120 ADDITIONAL COMMENTS Waste Service Corp. Revised USR-1012 The Department of Planning Services has received one objection from mineral owner Dorothy Swayne. She has concerns as to how the proposed land use will affect her mineral rights. 940120 FIELD CHECK FILING NUMBER: Revised USR-1012 DATE OF INSPECTION: December 15, 1993 APPLICANT'S NAME: Waste Services Corp. REQUEST: A Site Specific Development Plan and a revised Special Review permit for excavation of soil to be used for sanitary landfill cover. LEGAL DESCRIPTION: Part of the SE4 of Section 31 and part of the S2 of Section 32, T5N, R66W and part of the N2 of Section 5, T4N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1.5 miles northeast of Milliken. LAND USE: N Agricultural production, game preserve, pond E Rangeland S Weld County Road 398, agricultural production, 4 residences W Agricultural production ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: Access to the site is from 77th Avenue, a paved road from the access of the landfill south to Weld County Road 398. The property slopes generally down to the south. Northwest corner of the site (wetlands) is under construction. The east buffer property is mix of agricultural uses: crop production, oil and gas equipment, rangeland. The majority of the proposed buffer area west of 77th Avenue is used for agricultural production except for the Sponer Lakes area on the west side. There is a fair amount of variation in elevation throughout the permitted area and proposed buffer property. Six or more residences are within 1/4 mile. Ulu, Ei't----- Gloria Du n Curren anner 940120 LAND-USE APPLICATION SUMMARY SHEET Date: December 14, 1993 CASE NUMBER: Revised USR-1012 NAME: Waste Services Corp. ADDRESS: 6037 77th Avenue Greeley, CO 80631 REQUEST: Site Specific Development Plan and a revised Special Use permit for excavation of soil to be used for sanitary landfill cover. LEGAL DESCRIPTION: Part of the SE4 of Section 31 and part of the S2 of section 32, T5N, R66W and part of the N2 of Section 5, T4N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1.5 miles north of Milliken. SIZE OF PARCEL: 100 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 the following agencies: 1. Army Corps of Engineers 2. Weld County Health Department 3. Weld County Engineering Department The Department of Planning Services has received no objections or inquiries from surrounding property owners. 940120 POP 84,1 : , L /i I y\a- h. lz K 1 \11 �ou �I os� 'i r. f o. �.F J A 1 91 _ I �� 1N 62,70v,',,,5,7: ' •� � �, r . 1i �. ;A's.,g ...„ _--,7 mon I 1 { I• �\ v T7N. 1 .x..z ! t '°° ' r _ ^_' i� _ - 1_ I ii: : ,.: 27,. i t: • , ,,,78. . . . 11^ • p_" Cokry s e ik • „ i I uktau. -7.7 76. . . . • .0 !.. ' • 1 lilt: •0,07., 6REA• I • TIMERS RAILWAY• . 1 u - r' * • 1 1 1.1 I •.lib 8 -- s- ' I1t J . I its,. ill IN. I o n . 74. . . . ( I),' .. I ,. ix I.T•..;t: IIl\i , . . N- EiTON LAN o• "1 I vo..•rte •�•• `L �)® 1flN±. _ I >• • �i® i.I v • ,z 1 • _ y O 11:1 - $ W1 ' , S68 T.6 N. • a` ro' 1 r 1 ' q�LUCFNE ro xz u.r•> • �'0..sJ .,I�7`,.sue^ I ! Mit 1 al L. x. 1 f1 za • a., Y •`rl& �` � I . N}Y L:4.cv SCowe . �'1• ... 66. • I- • 1' •1L._ in.. 7 I JCI�•1 Q' Il�il •`ir el ce�LxN I ■ d'cni �%ffil,i,-..fr.,_..- 64. rpm Nf ' ■ OU EA• 3. 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II- ,�r ani ,. 4ns_ . . - Iran_., in Sch 60 4]+E" 4k32 • 4]28 :i I. .. / // 40120 ! 12 - x307 . // 1 I,. / o• i i8 ? aN / i.. it DEPARTMENT OF PLANNING SERVICES I'DPHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140C. GREELEY, N. ORAAVENUEO631 COLORADO 80631 COLORADO Date: November 22 , 1993 CASE NUMBER: Revised USR-1012 TO WHOM IT MAY CONCERN: Enclosed is an application from Waste Services Corporation for a Site Specific Development Plan and a Revised Special Review permit for the excavation of soil to be used for sanitary landfill cover in the A (Agricultural) zone district. The parcel of land is described as part of the SE4 of Section 31 and part of the S2 of Section 32, in T5N, R66W and part of the N2 of Section 5, 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 1.5 miles northeast of the Town of Milliken. 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 December 6, 1993, so that we may give full consideration to your recommendation. Please call Gloria Dunn, 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: 940120 REFERRAL LIST NAME: Waste Services Corporation CASE NUMBER: Revised USR-1012 REFERRALS SENT: November 22, 1993 REFERRALS TO BE RECEIVED BY: December 6, 1993 COUNTY TOWNS and CITIES Attorney ____Ault X Health Department _Brighton _Extension Service _Broomfield Emergency Management Office ____Dacono Sheriff's Office Eaton X Engineering Erie Housing Authority / Evans _ _Airport Authority _Firestone Building Inspection _Fort Lupton Frederick STATE _Garden City Division of Water Resources Gilcrest _ i X Geological Survey X Greeley VeibaL✓ X Department of Health Grover _Department of Transportation _Hudson / _Historical Society _Johnstown _Water Conservation Board Keenesburg 47 X Oil and Gas Conservation Commission Kersey X Division of Wildlife La Salle FIRE DISTRICTS Lochbuie _Ault F-1 _Longmont _Berthoud F-2 _Mead Briggsdale F-24 X 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 La Salle F-9 Thornton Mountain View F-10 ____Windsor X 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 ✓ X 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 X Greeley Longmont West Adams COMMISSION/BOARD MEMBER X Tom Rulon 940129 WEST GREELEY SOIL CONSERVATION DISTRICT 4302 West 9th Street Road Greeley, Colorado 80634 (303) 356-6506 December 15, 1993 Gloria Dunn, Current Planner Department of Planning Services Weld County Administrative Offices 1400 N. 17Th Ave. Greeley, CO 80631 Gloria: Our Board of Directors has finished the review of the Waste Services Corporation Closure/Post Closure Plan for the Central Weld County Landfill. Our major concern is the reclamation of the borrow area after the clay material is removed. Weld County South soil survey maps indicate sandstone close to the surface in this area. Alan Scheere of Waste Management provided me with the borehole log for both fields of the proposed borrow area that show varying depths of clay deposits. Our recommendations for the area are: 1. No area larger than 5 acres should be excavated at one time with reclamation following each individual excavation. 2 . No slopes greater than 3 : 1. 3 . At least 2 feet of clay material covering the bedrock with 8 inches of topsoil over the subsoil. 4 . Revegetation with native grasses suitable to the site. (We will provide seeding recommendations if desired. ) If you desire further information please call me at 356-6506. Sincerely, b Michael G. Shay District Manager DEC WE 11 DEC 1 6 1993 11 Weld County Planning 940120 STATE OF COLORADO COLORADO GEOLOGICAL SURVEY •co>� Division of Minerals and Geology ®4476: Department of Natural Resources1313 Sherman Street, Rm. 715 Denver,Colorado 80203 Phone(303)866-2611 Roy Romer FAX(303)866-2461 Governor Ken Salazar Executive Director Michael B.Long Division Director Vicki Cowart State Geologist and Director December 13, 1993 WE-93-0011.1 Ms. Gloria Dunn Weld County Planner 1400 N. 17th Avenue Greeley, CO 80631 Dear Ms. Dunn: Re: Revised Application and Closure/Post Closure Plan for Special Review Permit 1012 We have received and reviewed the additional document relating to the operation and closure of the Central Weld Sanitary Landfill. We believe the actions outlined in the excavation and grading plan proposed for the buffer property and the closure and monitoring plan proposed should result in a proper closure of this facility with little or no adverse impact on the surrounding environment. The plan appears to be protective of the public health and safety and we have no objection to its approval. We have not seen or reviewed the "Northwest French Drain and Culvert Drainage System Installation and Northwest Run-on Culvert Installation" and therefore cannot comment on this portion of the overall proposal but it appears that this plan has been adequately reviewed and approved by others and we will defer to their judgement in this regard. Yours very truly, Jeffrey L. Hynes Senior Engineering Geologist 7-=' JH:B:\dln JI\1__!.! i.r. 1993 ! cc: WSC - Bill Hedberg Wald County Planning 940120 • STATE OF. COLORADO. COLORADO DEPARTMENT OF HEALTH oF'c• �� Dedicated to protecting and improving the health and �� environment of the people of Colorado • . G:1 i • 4300 Cheny Creek Dr.S. Laboratory Building Denver,Colorado 80222-1530 4210 E.11th Avenue t Phone(303)692-2000 Denver,Colorado 80220-3716 (303)691-4700 .. _ .. Pay RPM( December 7,1993 Patricia A.Nolan,MD,MPH Executive Direr William Hedberg Waste Management Disposal Services of Colorado, Inc. • 6037 77th Avenue Greeley, CO 80634 CERTIFIED MAIL NO: P 846 812 484 RE: Final Permit, Colorado Wastewater Discharge Permit System Number: CO- 0043419 - WASTE MANAGEMENT DISPOSAL SERVICES OF COLORADO, INC. Gentlemen: Enclosed please find a copy of the permit which was issued under the Colorado Water Quality Control Act. Your discharge permit requires that specific actions be performed at designated times. You are legally obligated to comply with all terms and conditions of your permit. It is especially important to note the "EFFECTIVE DATE OF PERMIT", not the "DATE SIGNED", located in the lower right hand corner of page 1, of your permit. It is illegal to discharge per the conditions of this permit until that date. Please read the permit and if you have any questions contact this office at 692-3590. Sincerely, • Robert J. Shukle, Chief • Permits and Enforcement Section Water Quality Control Division cc: Permits Section, Environmental Protection Agency Regional Council of Government Local County Health Department District Engineer, Field Support Section, WQCD Derald Lang, Field Support Section, WQCD Enforcement Officer, Permits and Enforcement Section, WQCD Permit Drafters, Permits and Enforcement Section, WQCD RJS/1g 940120 MEmoRAnDUM Gloria Dunn Planning Dace To December 2, 1993 COLORADO From Donald Carroll Subject: Waste Services Corporation USR-1012 (revised) I have reviewed the application and have the following comment about moving material from the buffer zone to the facility. Under the county roads and bridges to be utilized, in the excavation section, the soil excavation from this portion of the operation will be transported across WCR 27.5 by scrapers in the general area of the landfill entrance. The potential impact to WCR 27.5 will be mitigated by the following items: 1. Signs will be posted north and south of the cross-over warning traffic of the construction activity. 2. Traffic control person will be present at the cross-over when heavy equipment is crossing WCR 27.5. 3. Soils inadvertently deposited on the road as a result of crossing activity will be removed. 4. A Weld County Transport Permit for over-weight and over-width vehicles will be obtained as needed from the Weld County Engineering Department. Please notify the Weld County Engineering Department prior to start-up. cc: Commissioner Baxter File USR-1012 o2CEI�►VE DE0031993 Wald County Planning mgloria.pds 940120 wNT of DEPARTMENT OF THE ARMY E co„,,,,,,,, A+ ,\1 g7,,44, CORPS OF ENGINEERS,OMAHA DISTRICT '°% ate TRI-LAKES PROJECT OFFICE,9307 STATE HWY 121 /w '=1 i N1 LITTLETON,COLORADO 801 23-6901 e` It ai R �4t REPLV TOei q,�s o, "T*E^"°"°F November 30, 1993 Ms. Gloria Dunn Weld County Department of Planning Services Weld County Administrative Offices 1400 North 17th Avenue Greeley, Colorado 80631 Dear Ms. Dunn: Reference is made to the application from Waste Services Corporation for a Site Specific Development Plan and a Revised Special Review permit (your case number USR- 1012). This project is located in Section 5, Township 4 North, Range 66 West, Weld County, Colorado. Prior to any work at this site, the property should be examined for wetlands pursuant to Section 404 of the Clean Water Act. Any wetlands should be delineated and mapped. - This office should be contacted for proper Department of the Army permits prior to any work in an existing wetlands. Please find the attached list of Environmental Consultants who may assist in the wetland delineation and mapping. If there are any questions concerning this matter, please feel free to contact Mr. Terry McKee of this office at 303-979-4120 and reference action ID #199380768. Sincerely, Tim y Project a Enclosure ° EC Ills DEC 0 p 5493 Il WIN 910120 ENVIRONMENTAL CrNSULTANTS - This list is not comF" 3 to endorse any specific consultant PEGGY ANDERSON-GOGUEN JEFFEREY L. DAWSON 420 Sunset Street Project Scientist Longmont, CO 80501 Woodward-Clyde Consultants (303) 776-4636 Stanford Place 3, Suite 1000 4852 S. Ulster Street Parkway SAMUEL A. BAMBERG, PhD Denver, CO 80237 R A Consultants (303) 694-2770 26050 E. Jamison Cir. Telex 501285 (Woodward DVR) Aurora, CO 80016 (303) 690-7402 STEVEN DOUGHERTY TED BOSS ERO Resources Corporation 308 Milkyway 1740 High Street Fort Collins, CO 80525 Denver, CO 80218 (303) 223-5145 (303) 320-4400 FAX (303) 320-4491 DAVID L. BUCKNER PATRICK H. MURPHY SCOTT ELLIS & PHIL HACKNEY ESCO Associates ENSR P.O. Box 18775 1716 Health Parkway Boulder, CO 80308 Fort Collins, CO 80524 (303) 447-2999 (303) 493-8878 JANE BUNIN, PhD LOREN HETTINGER, PhD Natural Science Associates Dames & Moore 3010 Regis Avenue 1125 Seventeenth St., Suite 1200 Boulder, CO 80303 Denver, CO 80202-2027 (303) 499-5014 (303) 294-9100 KATHLEEN COHAN DAVID JOHNSON Resource Consultants & Engrs. Inc. Western Resource Development P.O. Box 270460 711 Walnut Street Fort Collins, CO 80527 Boulder, CO 80302 (303) 223-5556 (303) 449-9009 DAVID COOPER DEBORAH ICEAMIVIERER Department of Environmental Sciences Stoecker-Keammerer & Associates Colorado School of Mines Ecological Consultants Golden, CO 80401 5858 Woodbourne Hollow Road (303) 499-6441 Boulder, CO 80301 (303) 530-1783 DONALD R. D'AMICO 5935 Baseline Road STEPHEN G. LONG Boulder, CO 80303 STEVE VIERT (303) 494-7959 Cedar Creek Associates, Inc. 916 Willshire Avenue Fort Collins, CO 80525 (303) 493-4394 Home: 493-1893 9 10120 JANICE MCKEE MIKE ST NTON Wetland Ecology & Associates Quaternary Environmental Consulting 5745 Arrowhead 1210 South Park Drive Greeley, CO 80634 Monument, CO 80132 (303) 850-0930 (719) 488-2769 DAVID MEHAN GARY TUTTLE Wright Water Engineers Tuttle Applegate, Inc. 2490 W. 26th Avenue 11990 Grant Street, Suite #410 Suite 100A Denver, CO 80233 Denver, CO 80211 (303)452-6611 (303) 480-1700 ERIK OLGEIRSON, PhD 4440 Tule Lake Drive Littleton, CO 80123 (303) 347-8212 LAURANNE RINK Aquatic & Wetland Consultants Aquatic & Wetland Construction Company Siena Square 2060 Broadway, Suite 255 Boulder, CO 80302 (303) 442-5770 FAX (303) 442-8133 MIKE SAVAGE 464 West Sumac Ct. Louisville, CO 80027 (303) 666-7372 RANDY SCHROEDER Greystone Development Consultants 5990 Greenwood Plaza Boulevard Suite 104 Englewood, CO 80111 (303) 850-0930 PETER SMITH Stoneman Landers, Inc. 11480 Cherokee Street, #L Denver, CO 80030 (303) 280-0048 BRUCE D. SNYDER Engineering-Science, Inc. 1700 Broadway, Suite 900 Denver, CO 80290 (303) 831-8100 940120 ,- , STATE OF COLORADO OIL AND GAS CONSERVATION COMMISSION SUSAN McCANNON DEPARTMENT OF NATURAL RESOURCES Acting Director SUITE 380 LOGAN TOWER BUILDING PATRICIA BEAVER 1580 LOGAN STREET Technical Secretary DENVER, COLORADO 80203 (303) 894-2109 FAX ROY ROMER (303) 894-2100 Governor December 2, 1993 Gloria Dunn Weld County Planning Services 1400 North 17th Avenue Greeley CO 80631 Dear Ms. Dunn: Case USR-1012 along with the Closure/Post Closure Plan has been reviewed by this office. Our records indicate that there are no plugged and abandoned wells underlying the landfill site or the buffer area. Should a well casing be encountered by chance during excavation of the landfill or buffer area, please contact our office. If you have any further questions please contact me at the above address or phone number. Sincerely yours, Robert J. 'an Sickle Petroleum Engineer jDEC 0 6 1993 weld County Planning 940120 rat DEPARTMENT OF PLANNING SERVICES ID PHONE(303)353-3845, EXT. 3540 W WELD COUNTY ADMINISTRATIVE OFFICES 140C. GREELEY, N. ORA O8NUE COLORADO 80631 COLORADO DATE: November 22, 1993 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: Revised USR-1012 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, December 21, 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: Waste Services Corporation FOR: A Site Specific Development Plan and a Revised Special Review permit for excavation of soil to be used for sanitary landfill cover in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SE4 of Section 31, and part of the S2 of Section 32, in T5N, R66W and part of the N2 of Section 5, T4N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 1.5 miles northeast of the Town of Milliken. 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 Gloria Dunn, 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. 940120 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 Revised USR-1012 for Waste Services Corporation in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list. this 22nd day of November, 1993. /(i&HS-01M-bila 940120 SURROUNDING PROPERTY OWNERS AND/OR SUBSURFACE ESTATE/MINERAL OWNERS Waste Service Corporation USR-1012 Ella Marie Hayes and Susanne Stephens Box 773 Saratoga, WY 82331 Waste Management Disposal Services of Colorado, Inc. 5660 Greenwood Plaza Blvd. , Suite 400 Englewood, CO 80111 Waste Management Disposal Services of Colorado, Inc. c/o Arthur P. Garcia 13998 Weld County Road 378 Milliken, CO 80543 Heirs of Ann Spomer, et al. c/o Louis Reikert 1st National Bank P.O. Box 1058 Greeley, CO 80631 Samuel S. Myrtle Ann Telep 2315 54th Avenue Greeley, CO 80634 G.D. Mossberg and Janet Lea Sherrod-Mossberg 4603 83rd Avenue Greeley, CO 80631 Louis E. Spomer 4055 S. Oneida Street Denver, CO 80237 Vern Keith and Melodie Rae Kammerzell and Steve Dale and Douglas Lee Kammerzell 12314 Highway 60 Milliken, CO 80543 Nancy L. Kiel 211 Wolfe Avenue Colorado Springs, CO 80906 940120 SURROUNDING PROPERTY OWNERS AND/OR SUBSURFACE ESTATE/MINERAL OWNERS Waste Service Corporation USR-1012 Page 2 M. Suzanne Finni 1217 Ward Drive Greeley, CO 80634 Joseph W. Brough, Jr. 5225 S. Prince Street Apartment 609A Littleton, CO 80123 Dos Rios, Inc. 17 Dos Rios Greeley, CO 80631 Dorothy M.R. Swayne 900 Saturn Drive #204 Colorado Springs, CO Morning Fresh Farm, Inc. Attn: Joe Raith 15121 Weld County Road 32 Platteville, CO 80651 Cache Energy Investments 1221 28th Avenue, Suite 1 Greeley, CO 80631 Rose Bejarano and Andrew Garcia Conservators of Rose Garcia Estate 2057 South Gray Drive Lakewood, CO 80227 Kenneth F. King 900 Pennsylvania Street Denver, CO 80203 Susie Ohlsen 1924 30th Street Road Greeley, CO 80631 Elizabeth Louise Spomer 1015 South Gilpin Denver, CO 80209 940120 SURROUNDING PROPERTY OWNERS AND/OR SUBSURFACE ESTATE/MINERAL OWNERS Waste Service Corporation USA-1012 Page 3 Alarado Corporation 215 Union Blvd. , Suite 450 Lakewood, CO 80228 Christopher Bovich 1125 17th Street, Suite 2400 Denver, CO 80202 Edward Cerullo c/o Kidder, Peabody and Co. 10 Hanover Square New York, NY 10005 Max C. Chapman, Jr. Normura Securities Int. Inc. 2 World Financial Center New York, NY 10281-1198 Stephen B. Evans and Co. 215 Union Blvd. , Suite 450 Lakewood, CO 80228 Robert 0. Feeney 416 Albenarle Road Cedarhurst, NY 11516 Johnie Ourts 18 Belleview Lane Littleton, CO 80121 Barry L. Snyder 777 South Wadsworth Blvd. Building 4, Suite 215 Lakewood, CO 80226 Gertrude Weber Malvern Farm Route 3, Box 162 Charlottesville, VA 22903 Colorado Energy Minerals, Inc. P.O. Box 394 Evergreen, CO 80439 940120 SURROUNDING PROPERTY OWNERS AND/OR SUBSURFACE ESTATE/MINERAL OWNERS Waste Service Corporation USR-1012 Page 4 Snyder Oil Corporation 1625 Broadway, Suite 2200 Denver, CO 80202 Damson Investment Group, Inc. 366 Madison Avenue New York, NY 10017 Union Pacific Resources Company P.O. Box 7 Fort Worth, TX 76101 940120 SURROUNDING PROPERTY OWNERS AND/OR SUBSURFACE ESTATE/MINERAL OWNERS Waste Service Corporation USR-1012 Page 5 Amoco Production Company P.O. Box 800 Denver, CO 80201 Basin Exploration 370 17th Street, Suite 1800 Denver, CO 80202 940120 APPENDIX B __3 AFFIDAVIT OF INTEREST OWNERS SURFACE OF AMENDED SUP (USR) AREA AND ADJACENT SURFACE ESTATES Revised Application to Amend SUP 116 (USR #1012) Waste Management Disposal Services of Colorado, Inc. Subject Property: Those portions of Section 5, Township 4 North, Range 66 West, and that portion of Sections 31 and 32, Township 5 North, Range 66 West, which are more particularly described as follows: The S'VSW' and NW'SW' of Section 32, Township 5 North, Range 66 West, EXCEPTING THEREFROM a tract described as beginning at the SW corner of Section 32; thence North 89°00' East 815 feet to a point on the South line of said Section 32; thence North 22°35' West 337 feet; thence North 24°15'West 497 feet; thence South 68°45'West 81 feet; thence South 11°35'East 140 feet; thence South 13°50' West 97 feet; thence North 43°13' West 572 feet to a point on the West line of Section 32; thence South 1°00' West 932 feet to the point of beginning. ALSO, a tract of land located in the SE'/+ of Section 31 and the SW1 of Section 32, Township 5 North, Range 66 West and NW'of Section 5,Township 4 North,Range 66 West, more particularly described as beginning at the NE corner of said SEV4 of Section 31; thence South 0°08°22" West along the East line of said SE' a distance of 1656.52 feet to a point on the Southwesterly line of that parcel of land described in Book 1094 under Reception No. 02034592 (and the Northeasterly line of that parcel of land described in Book 953 at Page 402) in the records of said Weld County. Thence along said Southwesterly line South 43'26'21"East,591.14 feet;thence North 13°36'44"East, 97 feet; thence North 11°48'30" West, 140 feet; thence North 68°31'42"East, 81 feet; thence South 24°28'23" East, 497 feet; thence South 22°48'23" East, 338.13 feet to the south line of said SW/; thence North 88°51' 03" East along said South line 1785.10 feet to point on the West right-of-way Line of the Public Highway described in Book 300 at Page 473 in the records of said Weld County; thence South 3°37'42" East along said West right-of-way line 703.60 feet; thence South 61°27'29" West 174.52 feet; thence South 61°27'47" West, 229.14 feet; thence South 62°53'41" West, 489.54 feet; thence South 65°14'53" West, 256.26 feet; thence South 65°52'30" West, 274.65 feet; thence North 28°59'15" West, 105.24 feet; thence North 29°36'06" West, 149.14 feet; thence North 29°15'55"West, 153.92 feet;thence North 45°27'23"West,460.71 feet;thence North 45°37'41"West, 205.17 feet; thence North 39°55'26" West, 77.05 feet; thence North 14°37'49" West, 80.05 feet; thence North 14°31'02" West, 144.47 feet; thence North 15°06'27" West, 129.41 feet; thence North 44°03'15"West,289.35 feet;thence North 41°39'13"West,234.03 feet;thence North 30°51'45"West, 261.99 feet; thence North 30°40'39" West, 183.26 feet; thence North 20°52'42" West, 232.87 feet; thence North 20°59'00" West, 254.24 feet; thence North 34°55'06" East, 334.68 feet; thence North 17°20'35" West, 655.61 feet; thence North 15°54'55" West, 560.65 feet, more or less, to a point on the North line of said SE'of Section 31; thence Easterly along said North line a distance of 366.44 feet to the point of beginning, EXCEPTING THEREFROM any portion lying within the right-of- way of the Great Western Railroad, as it exists on March 3, 1993. ALSO, a tract of land being the SW'SE'/4 of Section 32, Township 5 North, Range 66 West, and that portion of the N'h of Section 5, Township 4 North, Range 66 West, lying Northerly of the Northerly right-of-way line of the county road paralleling the South right-of-way line of the Great Western Railroad (known as Road 378) and lying East of the East right-of-way line of the public highway described in Book 300 at Page 473 (known as 77th Avenue) in the records of said Weld County. Subject to a right-of-way for 77th Avenue over the West 30.00 feet of the SWVSE'/o of said Section 32. EXCEPTING THEREFROM a tract of land situated in the SWV4SEV4 of Section 32, 9(1,0120 Township 5 North, Range 66 West, and in the N1 of Section 5, Township 4 North, Range 66 West more particularly described as follows: Beginning at the Southeast corner of said SW'/.SE'/.; thence North 0°12'02" West along the East line of said SW'SE' a distance of 1300.65 feet to the Northeast corner of said SW'/<SE'/o; thence South 88°52'43" West along the North line of said SW'/oSEV4 a distance of 833.56 feet; thence South 32°56'08" East a distance of 248.99 feet; thence South 14°49'56" East a distance of 299.73 feet; thence South 17°23'51" East a distance of 305.92 feet; thence North 47°39'56" East a distance of 330.89 feet; thence North 90°00'00"East a distance of 257.27 feet to a point 30.00 feet Westerly of said East line of the SW'/.SEV.; thence South 0°12'02" East along a line 30.00 feet Westerly of and parallel to said East line of the SWViSE'/a a distance of 836.41 feet to a point on the Northerly right-of-way line of the county road paralleling the South right-of-way of the Great Western Railroad; thence North 62°25'05" East along said Northerly right-of-way line a distance of 267.89 feet to the North line of said N' of Section 5; thence South 88°51'20" West along said North line a distance of 207.90 feet to the Point of Beginning. STATE OF COLORADO ) ) ss. COUNTY OF WELD ) THE UNDERSIGNED, William G. Crews, a Certified Professional Landman with an office in Greeley, Colorado, being first duly sworn upon his oath, deposes and states that to the best of his knowledge the attached Appendix B-1 is a true and accurate list of the names, addresses and the corresponding Parcel Identification Numbers assigned by the Weld County Assessor of the owners of property (the surface estate) both within the Amended Special Use Permit Area and within five hundred(500) feet of the specific property of the proposed Amended Special Use Permit Area. This list was compiled from the records of the Weld County Assessor within ten (10) days immediately prior to the date hereof. William G. Crews Certified Professional Landman#3477 Subscribed and sworn to before me this day of November, 1993. My commission expires: /0 -[a— 9Cp otary Public 940120 County. Subject to a right-of-way for 77th Avenue over the West 30.00 feet of the SW'hSE'o of said Section 32. EXCEPTING THEREFROM a tract of land situated in the SW'/aSEV4 of Section 32, Township 5 North, Range 66 West, and in the N2 of Section 5, Township 4 North, Range 66 West more particularly described as follows: Beginning at the Southeast corner of said SW'SE'a;thence North 0°12'02" West along the East line of said SW'/<SE' a distance of 1300.65 feet to the Northeast corner of said SW'SEV4; thence South 88°52'43" West along the North line of said SW'SE' a distance of 833.56 feet; thence South 32°56'08" East a distance of 248.99 feet; thence South 14°49'56" East a distance of 299.73 feet; thence South 17°23'51" East a distance of 305.92 feet; thence North 47°39'56"East a distance of 330.89 feet; thence North 90°00'00"East a distance of 257.27 feet to a point 30.00 feet Westerly of said East line of the SW' SEV4; thence South 0°12'02" East along a line 30.00 feet Westerly of and parallel to said East line of the SWY4SEV4 a distance of 836.41 feet to a point on the Northerly right-of-way line of the county road paralleling the South right-of-way of the Great Western Railroad; thence North 62°25'05" East along said Northerly right-of-way line a distance of 267.89 feet to the North line of said N1 of Section 5; thence South 88°51'20" West along said North line a distance of 207.90 feet to the Point of Beginning. STATE OF COLORADO ) ) ss. COUNTY OF WELD THE UNDERSIGNED, William G. Crews, a Certified Professional Landman with an office in Greeley, Colorado, being first duly sworn upon his oath, deposes and states that to the best of his knowledge the attached Appendix C-1 is a true and accurate list of the names and addresses of all mineral owners and lessees of mineral owners on or under the specific parcels of land described above,which are the subject of this proposed Amendment to Special Use Permit, as their names appear in the records of the office of the Weld County Clerk and Recorder based upon an update using information from the tract indices and SKLD computer index of Transamerica Title Insurance Company of Greeley, current through October 29, 1993 at 7:45 a.m. William G. Crews Certified Professional Landman#3477 Subscribed and sworn to before me this/2Z. day of November, 1993. My commission expires: /z -- G -9 rc Notary Public 940120 4t It DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES �i GREELEY,140 ON ORAO AVENUE COLORADO 80631 COLORADO November 22, 1993 Bill Hedberg, Division Vice-President Waste Services Corporation 6037 77th Avenue Greeley, CO 80634 Subject: Revised USR-1012 - Request for a Site Specific Development Plan and a Revised Special Review permit for the excavation of soil to be used for sanitary landfill cover in the A (Agricultural) zone district on a parcel of land described as part of the SE4 of Section 31, and part of the S2 of Section 32, in T5N, R66W and part of the N2 of Section 5, T4N, R66W of the 6th P.M. , Weld County, Colorado. Dear Mr. Hedberg: 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 December 21, 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 Greeley and Town of Milliken Planning Commissions for their review'and comments. Please call the Greeley Planning Department at 350-9780, and Margaret Wakeman, in Milliken, at 587-4331, 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 Greeley Planning Commission Meeting 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 December 8, 1993, you or a representative should call me to obtain a sign to be posted on the site no later than December 10, 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. 940120 Waste Services Corporati. .L, Revised USR-1012 November 22, 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, lor, a Dunn ent Planner GD/sfr 940120 f f,`' MEMORAnDUM Wi`,k Gloria Dunn Weld County Planning December 8, 1993 To Date COLORADO Jeffrey L. Stoll, Director, Environmental Health CJ3r Prom Subject: Case Number: Revised USR-1012 Name: Waste Svs. Corp. PT SE4 Section 31, and part of S2 Section 32, Township 05 North, Range 66 West and part of N2 Section 05, Township 04 North, Range 66 West. Environmental Protection Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. The existing Air Pollution Emission Notice (A.P.E.N. ) must be modified for the increased operation if the Colorado Department of Health determines that such a modification represents a significant change in emissions or production. 2. 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. 3. The removal and stockpiling of soil shall not interrupt any remedial activities at this facility. JSP/lam-2474 ottt vE \\, vat 199 wed ' ae 940120 REVISED APPLICATION TO AMEND USE BY SPECIAL REVIEW PERMIT NO. 1012 FOR THE BUFFER PROPERTY SURROUNDING CENTRAL WELD SANITARY LANDFILL WELD COUNTY, COLORADO Waste Management Disposal Services of Colorado, Inc. AKA, Waste Services Corporation 6037 77th Avenue Greeley, Colorado 80634 (303) 330-2641 November 18, 1993 940120 TABLE OF CONTENTS Introduction 1 Project Description 2 Application Requirements 3 Application Form 3 Method of Operation: Equipment 3 Work Shifts/Employees 3 Wet/Dry Pit 4 Roads and Bridges 4 Working Area/Stages 4 Time Table 5 Material to be Removed 5 Reclamation Process 6 Technical Advice 6 Surface Estate Owners 6 Mineral Owners/Lessees 6 Health, Safety and Welfare Plans: MLRB Reclamation Plan 7 Water Supplies 7 Drainage Structures 7 Haul Roads 8 Weld County Comprehensive Plan 8 Agricultural District 10 Conservation of Agricultural Land 10 Health, Safety and Welfare Provision 10 Compatibility with Surrounding Land 11 Compatibility with Future Development 11 Location Restrictions 11 Water Supply - Quantity & Quality 12 Legal Description 12 Noise Report 12 Post-Submittal Information 12 (i) 940120 EXHIBITS Exhibit A - Application Form Exhibit B-1 - Legal Descriptions Exhibit B-2 - Property Deeds Exhibit B-3 - Affidavit of Interest Owners/Surface Estate Exhibit B-4 - Affidavit of Interest Owners/Mineral Estate Exhibit C-1 - Drawing of Existing Topography Exhibit C-2 - Borrow Area Contours Exhibit D - Estimated Project Schedule Exhibit E-1 - General Site Location Map Exhibit E-2 - Declaratory Order from MLRB Exhibit F - Post-Submittal Information/Documentation (ii) 940120 INTRODUCTION This document constitutes the revised application (Revised Application) by Waste Management Disposal Services of Colorado, Inc. , a/k/a Waste Services Corporation, (hereinafter referred to as Waste Services) for a revision of Special Use Permit 116 (SUP-116) for the Central Weld Sanitary Landfill (hereinafter referred to as the Landfill) . On April 1, 1993, Waste Services filed with the Weld County Commissioners an "Amendment Application of Special Use Permit No. 116 for the Central Weld Sanitary Landfill". The Amendment Application included requests for approval of continued operation of the Landfill and of excavation and remedial activities on property located adjacent to the Landfill (Buffer Property) . The Buffer Property is located approximately 5 miles southwest of Greeley, Colorado on Weld County Road 27 1/2 (77th Avenue) . (See Exhibit B for a full description of the Buffer Property) . On October 13 , 1993 , the County Commissioners adopted a Resolution in which it was specified that the Commissioners will act only on that part of the Amendment Application regarding excavation and remedial activities proposed for the Buffer Property. To allow the Commissioners to best act on proposed activities in the Buffer Property pursuant to the Resolution, County staff has requested that Waste Services submit a revised Amendment Application covering only those proposed activities. By submittal of this Revised Application, Waste Services requests that the County revise Use by Special Review Permit No. 1012 . This Revised Application covers only those proposed activities on the Buffer Property and is intended to be a complete replacement of the Amended Application filed on April 1. This Revised Application outlines the proposed use of the Buffer Property for land leveling and remedial activities. The soils.. removed from the Buffer Property will be utilized primari7 daily, intermediate and final cover of the Landfill. The remedial activities will include groundwater remediation, the construction of drainage structures such as a french drain, culvert system and stilling basin, and other activities as necessary. The "Mining Operation - Use by Special Review Procedural Guide" has been used in the preparation of this Revised Application as recommended by Weld County Planning Department staff. Information is presented in a format that summarizes the specific Use by Special Review standard or condition (in bold type) , followed by a discussion of related aspects of the Buffer Property and the activities to be conducted thereon. The information contained in this Revised Application demonstrates that the proposed use satisfies or exceeds the requirements for a Use by Special Review in the Agricultural District as set forth in the Weld County Zoning Ordinance and Comprehensive Plan. 1 940120 PROJECT DESCRIPTION Excavation. Waste Services is proposing to excavate soil from the Buffer Property as needed to provide daily, intermediate and final cover for the Landfill and for other uses on the Landfill property. (Please see Exhibit C) Excavation will occur on 25-30 a e ' mediatel south o the Landfill and across Weld oun d 27 . 5 eas o the Landfill. Soils will be excavated throughout the operational and closure phases of the Landfill. Pursuant to the Resolution adopted by the Weld County Commissioners on October 13 , 1993 , the closure phacP of the Landfill that could require soil excavation 1111 not extend hnynnr1 T71nc 30 1998 . It is anticipated that soil will be excavated on an as-needed basis. However, some stockpjlincx of soils may be required. Topsoil will be removed and stockpiled for future use in final closure of the Landfill or reclamation of excavated areas in the ft+fferry r -r Overburden will be excavated for use for daily and intermediate cover or will be temporarily stockpiled for such use. Cohesive soils will be excavated for use for final cover or will be temporarily stockpiled for such use. Temporary erosion controls and drainage structures will be installed as necessary on excavated areas and stockpiles. Excavated areas will be returned to agricultural or open-space use. The final contours of the excavated areas in the Buffer Property will blend in with the elevation and features of the existing topography in the area. Remedial Activities. Remedial activities will be undertaken on the Buffer Property as necessary to mitigate the impact of low levels of contamination associated with the Landfill. One of these activities is the construction of a french drain, culvert, and associated drainage structures including a stilling basin and wetlands in the northwest portion of the Buffer Property. The pur e o the rench drain is to regulate groundwater levels underneath the Landfi by intercepting shallow groundwater flowing from Knister Farm to the north of the Landfill. The intercepted groundwater will flow into a wetland area to be constructed nearby. The culvert will enclose a surface drainage ditch that intercepts and diverts surface water that would otherwise flow onto the Landfill from Knister Farm to the north of the Landfill. The culvert will divert the surface water to the stilling basin. It is anticipated that the construction of this portion of the project will be completed by the end of 1993 , weather permitting. The other ongoing remedial activities are the ai�snaraana activities currently being conducted on the Buffer Property south of the Landfill. Air sparging consists of the injection of air into the shallow groundwater aquifer for the purpose of removing the low level concentration of volatile organic compounds (VOCs) that have been detected in the groundwater. The air sparging project includes air injection wells, vapor extraction wells and observation points used for observing the effectiveness of the 2 940120 process in removing VOCs. The air sparging will continue for as long as necessary to reduce VOCs in the groundwater to below applicable standards. Other remedial activities are not anticipated at this time but will be conducted if necessary. APPLICATION REQUIREMENTS 1. A completed application form (form attached) . The specified application form has been completed and included as Exhibit A. 2. A detailed description of the method of operation. Such description shall include: The types and number of operation and processing equipment to be employed. Excavation. It is anticipated that the proposed excavation of soils from the Buffer Property will be accomplished through the use of two Waste Services scrapers. A bulldozer, motorgrader, water truck and tractor with various implements may also be used on an as-needed basis. The level of activity relating to soil excavation may temporarily vary depending on the operational needs of the Landfill and regulatorily mandated schedules. Remedial Activities. It is anticipated that construction of the french drain and culvert drainage system in the northwest portion of the Buffer Property will entail the use of one Waste Services scraper. The Construction contractor will utilize an excavator, compactor, water truck and two loaders on the project. Groundwater monitoring and remediation activities on the Buffer Property will usually only require the occasional use of passenger vehicles. If any additional wells are required, Waste Services will contract with a licensed well drilling contractor. The number of shifts to be worked and the maximum number of employees. Excavation. Excavation activities will be conducted during one shift from approximately 7: nn A M 5 3 P& Three or four quipment op%rators will be utilized during excavation activities. Remedial Activities. Construction activities in the northwest portion of the Buffer Property will be conducted during one shift from approximately 7: 00 A.M. to 5: 30 P.M. . One Waste Services equipment operator and two other Waste Services employees to perform oversight functions will be used during construction of the 3 9'W120 drainage structures. Six to eight construction contractor personnel, one quality control consultant and a two man survey crew will also be involved in the project. Groundwater remediation activities on the Buffer Property will entail the use of four to six technical personnel either from Waste Services or an outside consultant. These personnel will be conducting such activities on a periodic basis throughout the Landfill operational and post-closure period. - Whether the operation will involve a wet or dry pit. The proposed activities will not involve a wet or dry pit. Temporary over-excavation may be necessary to obtain the necessary volumes of cohesive materials to properly close the Landfill. If temporary over-excavation is necessary, the depth of excavation will not exceed the depth to the uppermost zone of saturation. County roads and bridges to be utilised. Excavation. None of the excavation activities will impact county bridges. That portion of excavation occurring on the Buffer Property immediately adjacent to the Landfill will have no impact on county roads. The soil excavated from that portion of the Buffer Property located east of Weld County Road (WCR) 27 .5 will have to be transported across the road to the Landfill. The soil excavated from this portion of the operation will be transported across WCR 27 . 5 by scrapers in the general area of the Landfill entrance. The potential impacts to WCR 27 . 5 will be mitigated by the following measures: - Signs will be posted north and south of the cross-over warning traffic of the construction activity. - Traffic control personnel will be present at the cross- over when heavy equipment is crossing WCR 27 . 5. - All property owners within 500 feet of the project will be notified by certified mail prior to initial commencement of road crossing activities. Soils inadvertently deposited on the road as a result of crossing activities will be removed. - A Weld County Transport Permit for Overweight and Overwidth Vehicles will be obtained as necessary. Remedial Activities. None of the remedial activities will impact county roads or bridges. - The size of the area and stages to be worked at any one time. 4 940120 Excavation. The entire land leveling project will encompass two primary areas, one immediately south of the Landfill and the other across WCR 27. 5 to the east. Each parcel is approximately 25 to 30 acres. Within each parcel, the actual area of excavation at any one time will be minimized to the extent practicable. Remedial Activities. The french drain and culvert drainage system to be constructed in the northwest portion of the Buffer Property will entail the disturbance of less than 10 acres over- all. It is anticipated that not more than 7 acres will be disturbed at any one time. Any disturbance for groundwater remediation will be nominal since it will involve only the immediate vicinity of the groundwater wells. A timetable giving the periods of time which will be required for the various stages of the operations. Excavation. The timetable for land leveling activities will closely relate to the operation and closure of the Landfill. Soils will continue to be excavated for use as daily and intermediate cover and for other uses during the operational phase of the Landfill. Additional soils will be excavated throughout closure activities at the Landfill. It is anticipated that all excavation activities will be completed before June 30, 1998 (see Exhibit D) . Some activities necessary for reclamation of excavated areas may continue beyond that date. Remedial Activities. It is anticipated that the construction of the french drain and culvert drainage system will be completed by the end of 1993 , weather permitting. Groundwater remediation activities may occur periodically throughout the operational phase and post-closure care period of the Landfill. The depth and thickness of the mineral deposit to be mined and the thickness of overburden to be removed. Excavation. Please see Exhibit C for information on the depth and thickness of soil to be removed from the Buffer Property. Remedial Activities. Information on the depth and thickness of soil to be removed during the construction of the french drain and culvert drainage system in the northwest portion of the Buffer Property is contained in the "Northwest French Drain and Culvert Drainage System Installation and Northwest Run-on Culvert Installation" submitted to the County on September 1, 1993 . 5 940120 It is not anticipated that significant amounts of soil will be removed from the Buffer Property during groundwater remediation activities. The proposed use for reclaimed lands and an explanation of the reclamation process. The project property has historically been marginal to fair agricultural land. The "reclamation" of the land at the conclusion of this proposed project will be to use the land for agricujt»re or open spare. The condition and revised contours which will result from this project are expected to improve the agricultural quality of the lands. The land area contemplated for the North French Drain and Culvert System is currently open space. Following completion of the project, this area will continue to be open space, yet will include a wetland area of approximately 1/3 acre for the enhancement of the surrounding ecosystem. The source of technical advice in that type of reclamation for open cut mining land. The land leveling project differs substantially from open cut mining land. Nevertheless, the "reclamation" process is designed to return the land to an improved state for agricultural use or open space. Any technical advice anticipated will be obtained from the tenant farmer working in conjunction with the local Soil Conservation Service office. The Northwest French Drain and Culvert System has been designed by RUST Environment and Infrastructure and reviewed and approved by the Colorado and Weld County Departments of Health, and authorized by the United States Army Corp. of Engineers. 3. A certified list of names, addresses and the corresponding parcel identification number assigned by the Weld County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property subject to the application. A certified list meeting this requirement is attached as Exhibit B. 4. A certified list of names and addresses of mineral owners and lessees of mineral owners on or under the parcel of land being considered. A certified list of meeting this requirement is attached as Exhibit B. 5. The following documents or any other similar documents shall be submitted by the applicant if deemed necessary by the Board of county Commissioners or its duly authorized representative for the 6 940120 protection of human health, safety and welfare of the inhabitants of Weld County. Applicant shall submit a copy of the reclamation plans submitted to the State of Colorado Mined Land Reclamation Board. The reclamation plans must include a map showing property boundaries, topography, bodies of water, and access. Excavation. On March 9, 1993 , the Mined Land Reclamation Board (MLRB) of the Colorado Department of Natural Resources issued a Declaratory Order that no permit is required for the proposed activities on the Buffer Property. Therefore, no reclamation plans were submitted to MLRB. See Exhibit E for a map showing property boundaries, topography, bodies of water and access. Remedial Activities. Not Applicable Plans for obtaining water supplies for the mining operation. Excavation. Drinking water for the project is supplied by the City of Greeley. Water for other purposes (i.e. dust control) will be supplied either by the City of Greeley or from an existing on- site retention pond. Waste Services currently has irrigation rights which may be available for certain project activities. Remedial Activities. Not Applicable Cross sections of drainage structures (culverts for access to County roads, interior haul roads crossing of pond or stream channeling) . Excavation. The land leveling activities are not anticipated to include any permanent significant modification to or construction of drainage structures. Temporary drainage swales, ditches and diversion structures will be constructed during the excavation as necessary to control run-off. Access across WCR 27. 5 is expected to be near a topographic high point, thereby negating the necessity of modification to drainage structures around County roadways. There will be no crossings of pond or stream channeling. Remedial Activities. That portion of the project in the northwest portion of the Buffer Property consists of the l' construction of a french drain, culverts and other drainage) structures. Additional similar drainage structures may be required in the future. There will not need to be any culverts for access to county roads or crossing of pond or stream channeling. There will be no drainage structures associated with the groundwater remediation activities. 7 340.120 - Profile and typical cross section of haul roads. Not Applicable. 6. A statement explaining how the proposal is consistent with the Weld County Comprehensive Plan. The proposed project is consistent with the Weld County Comprehensive Plan and its environmental quality and natural resource goals and policies. The proposal contained in this Revised Application will allow the facility to minimize the impact on the surrounding area without sacrificing commitment to the environment and the health and safety of the residents of the surrounding area. The Landfill is referenced in the current Weld County Comprehensive Plan, most recently updated on March 24, 1992 . The project site is located in the Agricultural District, as allowed. The only other land uses within a 1-mile radius of the site are dry-land and irrigated farming, grazing of cattle, boarding of horses, and numerous oil and gas production sites. The Buffer Property area that is to be excavated will be returned to agricultural use. The topography of the area consists of undulating agricultural land marked by ridges and gentle rolling knolls. The final topographic form of the Buffer Property has been carefully designed to blend in with the elevation and features of the existing topography of the area. All activities will be conducted in compliance with local, state and federal environmental requirements and will be coordinated with the agencies implementing those requirements. Water. Adequate supplies of water are available for the project. Drinking water will be supplied by the City of Greeley. Water for dust control is available either from the City of Greeley or from a retention basin on-site. Irrigation rights may also be available for some purposes. The very purpose of the proposed project is to protect water quality. The excavation phase of the project is necessary to provide adequate cover soils for the operation and closure of the Landfill, thus ensuring the protection of water quality. Temporary drainage structures will be constructed during excavation as necessary to control run-off. The purpose of the french drain, culvert and associated drainage structures in the northwest portion of the Buffer Property is to protect groundwater and surface water by diverting potential surface and sub-surface water flow from Knister Farm to the north of the Landfill. Other remedial projects on the Buffer Property are designed to improve the quality of groundwater by mitigating impacts from the Landfill. 8 940120 Air. The Landfill has a current Air Pollution Emissions Notice (APEN) on file with the Colorado Department of Health, Air Pollution Control Division. Potential for fugitive dust and any impacts therefrom will be mitigated through a comprehensive dust abatement program including the watering or treatment of temporary stockpiles and excavation areas as necessary. Noise. The noise associated with the activities on the Buffer Property will be similar to that associated with the operation of the Landfill. A recent study conducted at the larger Denver- Arapahoe Disposal Site in Arapahoe County revealed that the noise from very similar activities did not exceed 80 decibels at the property boundary. Construction equipment will be equipped with mufflers that will be maintained in good operating condition to minimize noise impacts. Wildlife. The project does not lie within an Important Wildlife Habitat Area as identified by the habitat area map prepared by the Weld County Department of Planning Services in cooperation with the State of Colorado Division of Wildlife contained in the Weld County Comprehensive Plan. Several species of wildlife are indigenous to the area and have not been significantly affected by the operation of the Landfill. The use of the Buffer Property will not result in degradation of the natural current wildlife habitat in the area. The area will be finally reclaimed through a comprehensive program of contouring, drainage management and revegetation. The area will be available for agricultural uses or open space wildlife habitat. The additional buffer landscaping and wetland area should enhance the natural habitat for wildlife in the area. Solid Waste. The proposed project is located on property adjacent to an operating solid waste landfill. The project is designed to enhance the continued operation of the Landfill, to provide for its eventual closure and to remediate impacts to, and from, the Landfill. As such, the project will assist Weld County and its residents in managing their solid waste. The project will also comply with the mineral resource goals in the Weld County Comprehensive Plan. The removal of soils from the Buffer Property will be limited to those necessary for the continued operation and the eventual closure of the Landfill; i.e. , those needed for purposes such as daily, intermediate and final cover and other similar uses. The soils will be removed on a reasonable and orderly basis as they are needed. The impacts to county roads will be minimized because most of the excavation will not require the use of county roads. The impacts of the excavation of soils from the parcel east of WCR 27.5 will be minimized as specified in Paragraph 2 of this application. The impacts to surrounding uses will be mitigated through the contouring and final reclamation of the excavated areas as specified earlier in this paragraph and through the environmental controls that will be implemented as specified in this paragraph. The excavation site 9 940120 will be managed to protect the public health and safety through compliance with applicable health and safety regulatory requirements for such activities. In addition the excavation will be conducted to create stable slopes and to control run-off. The excavated areas will be reclaimed and returned to agricultural or open-space use when the excavation activities have been completed. 7. A statement explaining how the proposal is consistent with the intent of the district in which the use is located. The project area is located in the Agricultural District by Weld County Zoning Ordinance. The planned end use of the recontoured Buffer Property is to return it to agricultural or passive land uses which will be complementary to the surrounding land uses. The project will preserve agricultural use in Weld County by preserving excavated areas for potential agricultural use. Since the project will be impacting lower quality agricultural land, it will eliminate the need to utilize other land that might have a higher agricultural value. By locating the project on property near and adjacent to the Landfill, adverse impacts on agricultural traffic will be minimized. Currently contemplated remedial activities will not degrade the Agricultural District in which they will be undertaken. 8. If applicable, a statement explaining what efforts have been made, in the location decision for the proposed use, to conserve productive agricultural land in the agricultural district. The project will preserve agricultural use in Weld County by preserving excavated areas for potential agricultural use. Since the project will be impacting lower quality agricultural land, it will eliminate the need to utilize other land that might have a higher agricultural value. By locating the project on property near and adjacent to the Landfill, adverse impacts on agricultural traffic will be minimized. 9 . A statement explaining there is adequate provision for the protection of the health, safety and welfare of the inhabitants of the neighborhood and the county. Careful and extensive consideration has been given to providing for the protection of the health, safety and welfare of the inhabitants of the neighborhood and county. The project will be located, designed, constructed and operated in full compliance with all applicable environmental and other laws and regulations. The proposed use is specifically designed to enhance the protection of the health, safety and welfare of the inhabitants of the neighborhood and the county. The continuation of remedial projects, as necessary, is best established on property adjacent to 10 940120 the Landfill. In addition, obtaining the necessary soils to complete the closure of the Landfill from adjacent property will maximize the protection afforded the citizens of Weld County. Minimizing the need to import these soils from an alternative source reduces the traffic on roads and bridges; thereby reducing the probability of accidents or accelerated degradation of these structures. As was discussed in Paragraph 6, the project will be managed to minimize potential impact from dust and noise and potential impact to surface and groundwater. 10. A statement explaining the uses permitted will be compatible with the existing surrounding land uses (including a description of existing land uses of all properties adjacent to the property) . All properties adjacent to the Landfill, including the Buffer property which is the subject of this Revised Application, are used for crop production, grazing, equine boarding and limited fossil fuel extraction. The land leveling and potential remedial activity will be fully compatible with these surrounding land uses. 11. A statement explaining the proposed use will be compatible with the future development of the surrounding area as permitted by the existing zone and with future development as projected by the comprehensive plan of the County or the adopted master plans of affected municipalities. The area in which the project site is located is within the urban growth boundaries of the City of Greeley and the Town of Milliken. Both municipalities have been contacted and their Comprehensive or Master Plans have been reviewed, as available. The project site is not within the Mid-Range Expected Service Area nor the Long-Range Expected Growth Area as identified in the officially adopted Comprehensive Plan of the City of Greeley. No formal Comprehensive Plan exists for the Town of Milliken. Nevertheless, Waste Services discussed the compatibility of the project with a representative of the Town of Milliken while reviewing a map illustrating the present annexed areas awaiting future development. The map illustrates an abundance of capacity for future growth and development. Current land uses between the project site and Milliken include several older feedlots and a newly constructed Municipal Sewage Treatment plant. The Landfill is presently identified as a permitted sanitary landfill in the Comprehensive Plan of Weld County. 12 . A statement explaining the use by special review area is not located in a flood plain, geologic hazard and Weld County Airport overlay district area; or the application complies with section fifty (50) , overlay district regulations as outlined in the Weld County Zoning Ordinance. 11 940120 The project area does not lie within a flood plain, geologic hazard or Weld County Airport overlay district area, as such are identified by the Weld County Zoning Ordinance or Comprehensive Plan. 13. Proof that a water supply will be available which is adequate in terms of quantity, quality, and dependability (e.g. , a well permit or letter from a water district) . Drinking water for the Landfill is supplied by the City of Greeley. Water for other purposes (i.e. dust control) will be supplied either by the City of Greeley or existing on-site retention structures. In addition, Waste Services currently has certain irrigation rights which may be available, if necessary. The water has been sufficient for the operation of the Landfill since the original Special Use Permit was issued in 1971. This project will not substantially change the water usage experienced in the past. 14. A copy of the deed or legal instrument identifying the applicant interest in the property under consideration. If an authorized agent signs the application for the fee owner, a letter granting power of attorney to the agent from the owner shall be provided. A complete legal description of the property encompassing the Landfill and the Buffer Property and a copy of the deed identifying the applicant as the owner of the property which is the subject of this Revised Application is enclosed as Exhibit B. 15. A noise report, unless waived by the Department of Planning Services, documenting the methods to be utilized to meet the applicable noise standards. A noise report was not required by the Department of Planning Services at the time of submittal of this Revised Application. Nevertheless, the project should not create any potential for adverse noise conditions due to its distance from any residential structures, and the use and maintenance of properly fitted and maintained mufflers on all equipment. 16. Any other information determined to be necessary by the Board of county Commissioners or its authorized representative to ensure the protection of the health, safety and welfare of the inhabitants of Weld County. Exhibit F has been reserved for inclusion of additional information, as necessary. 12 940120 Exhibit A Application Form 13 940120 WELD COUNTY, COLORADO USE BY SPECIAL REVIEW APPLICATION for MINING PERMIT Weld County Department of Planning Services, 915 10th Street, Greeley, Colorado, Phone 356-4000, Extension 4400 For Department of Planning Services Use Only Case Number: Date Application Received: PC Hearing Date: Section: , Township: North, Range: West Zoning District: Recording Fee: Permit Fee: Recording Fee Receipt 0: Receipt Number: Application Reviewed By: To be completed by APPLICANT in accordance with procedural guide Requirements: 1 . I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission concerning a proposed soils excavation (gravel, coal, borrowpit, etc.) MIMINg operation for the following described unincorporated area of Weld County: LEGAL DESCRIPTION See Exhibit B-1 TOTAL ACREAGE: Approx. 100 2. Surface owner(s) of area of land described See Exhibit B-3 Name: Address: Phone: Name: Address: Phone: 3. Owner(s) of mineral rights to substance to be mined See Exhibit B-4 Name: Address: Phone: Name: Address: Phone: 4. Source of applicants' legal right to enter and to mine on the land described: See Exhibit B-2 (Attached certified copy of any document noted to the back of this form) 5. Address of applicant and general office Applicants address: 6017 77th Avenue. Greeley. CO 80634 Phone: (303) 330-2541 General Office address: Sr,. Phone: same 6. Identify any prior permits for mining held by applicant or affiliated person: Declaratory Order from MT•RB See Exhibit E-2 940120 7. Description of Operation a. Types and number of operating an processing equipment to be employed: See attached Revised Application text. b. Maximum number of employees: , and number of shifts: See attached Revised Application text. c. Number of stages to be worked: and periods of time each is to be worked: See attached Revised Application text. d. Thickness of mineral deposit: feet, and thickness of the overburden: • See attached Revised Application text. e. This will be a wet/dry pit operation. See attached Revised Application text. f. Site entrance/exit points and county roads and bridges to be utilized between site and delivery point(s) (must be coordinated with County Engineer) : See attached Revised Application text. B. Description of Rehabilitation a. Proposed rehabilitation land use(s) : See attached Revised Application text. b. Source of technical advice for reclamation: Sae attached RevisedSpplication text. c. Explanation of Reclamation Process: See attached Revised Application text. I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or 'contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD STATE OF amomm al a- -7)�, ✓,s,o.J V. / — LIM/DFicc O,6147:404/5 Siggnpnature: Owner/Authorized Agent Subscribed and sworn to before me this �p day of , 194\- . SEAL [� , ,.,„tnnp, NOTAR PUBLIC •�.E;A0 '.001"o My Commission expires �\�\6 .t , eC eC j o - o e0 -'C)dN ns',pti:`. Exhibit B-1 Legal Descriptions 940120 , JN iGOMERY-PHILLIPS, IA Land Surveying Dt or Colorado Springs 7550 W. Yale Ave., Suite 110 405 W. Aockrimmon Blvd., Suite 104 Deriver, CO 80227 Colorado Springs, CO 80919 (303) 989.3383 (719) 590.9227 MARCH 9, 1993 LEGAL DESCRIPTION: STEVENS PARCEL JOB NO. 351 A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 31 AND THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 5 NORTH, RANGE 66 WEST AND NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 4 NORTH, RANGE 66 WEST, OF THE 6TH P.M. , COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER OF SECTION 31 : THENCE SOUTH 0'0822" WEST ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER A DISTANCE OF 1656.52 FEET 10 A POINT ON THE SOUTHWESTERLY LINE OF THAT PARCEL OF LAND DESCRIBED IN BOOK 1094, RECEPTION NO.02034592 IN THE RECORDS OF SAID WELD COUNTY; THENCE ALONG SAID SOUTHWESTERLY LINE, THE FOLLOWING : 6) COURSES; 1) SOUTH 43°26'21" EAST, A DISTANCE OF 591.14 FEET; 2) NORTH 13°36'44" EAST, A DISTANCE OF 97..00 FEET; 3) NORTH 11°48'30" WEST, A DISTANCE OF 140.00 FEET; 4) NORTH 68°31 '42" EAST, A DISTANCE OF 81.00 FEET; 5) SOUTH 24°28'23" EAST, A DISTANCE OF 497.00 FEET; 6) SOUTH 22°48'23" EAST, A DISTANCE OF 338.13 FEET TO THE SOUTH LINE OF SAID SOUTHWEST QUARTER OF SECTION 32; THENCE NORTH 88°51 '03" EAST ALONG SAID SOUTH LINE A DISTANCE OF 1785.10 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF THE PUBLIC HIGHWAY DESCRIBED IN BOOK 300 AT PAGE 473 IN THE RECORDS OF SAID WELD COUNTY; THENCE SOUTH 3°37'42" EAST ALONG SAID WEST RIGHT-OF-WAY LINE A DISTANCE OF 703.60 FEET; THENCE SOUTH 61°27'29" WEST, A DISTANCE OF 174.52 FEET; THENCE SOUTH 61°27'47" WEST, A DISTANCE OF 229.14 FEET; THENCE SOUTH 62°53'41" WEST, A DISTANCE OF 489.54 FEET; THENCE SOUTH 65°14'53" WEST, A DISTANCE OF 256.26 FEET; THENCE sYJTH 65°52'30" WEST, A DISTANCE OF 274.65 FEET; THENCE NORTH 28°59'15" WEST, A DISTANCE OF 105.24 FEET; THENCE NORTH 29°36'06" WEST, A DISTANCE OF 149.14 FEET; THENCE NORTH 29°15'55" WEST, A DISTANCE OF 153.92 FEET; THENCE NORTH 45°27'23" WEST, A DISTANCE OF 460.71 FEET: THENCE NORTH 45°37'41" WEST, A DISTANCE OF 205.17 FEET; THENCE NORTH 39°55'26" WEST, A DISTANCE OF 77.05 FEET: THENCE NORTH 14°37'49" WEST, A DISTANCE OF 80.05 FEET; THENCE NORTH 14°31 '02" WEST, A DISTANCE OF 144.47 FEET; THENCE NORTH 15°06'27" WEST, A DISTANCE OF 129.41 FEET; THENCE NORTH 44°03'15" WEST, A DISTANCE OF 289.35 FEET; THENCE NORTH 41°39'13" WEST, A DISTANCE OF 234.03 FEET; THENCE NORTH 30°51'45" WEST, A DISTANCE OF 261.99 FEET; THENCE NORTH 30°40'39" WEST, A DISTANCE OF 183.26 FEET; THENCE NORTH 20°52'42" WEST, A DISTANCE OF 232.87 FEET; THENCE NORTH 20°59'00" WEST, A DISTANCE OF 254.24 FEET; THENCE NORTH 34°55'06" EAST. A DISTANCE OF 334.68 FEET: THENCE NORTH 17°20'35" WEST, A DISTANCE OF 655.61 FEET; THENCE NORTH 15°54'55" WEST, A DISTANCE OF 560.65 FEET, MORE OR LESS, TO A POINT ON THE NORTH LINE OF SAID SOUTHEAST QUARTER OF SECTION 31; THENCE EASTERLY ALONG SAID NORTH LINE A DISTANCE OF 366.44 FEET TO THE POINT OF BEGINNING. CONTAINING 58.51 ACRES, MORE OR LESS, EXCEPT THEREFROM ANY PORTION LYING WITHIN THE RIGHT �!OF-WAY OF THE GREAT WESTERN RAILROAD, AS IT EXISTS ON MARCH 3, 1993. 40120 MONTGOMERY-PHILLIPS, INC. Land Surveying Colorado Springs Denver 405 W Rockrimmon Blvd.. Suite 7550 W. Pale Ave? Suite 110 Colorado Springs, CO 80919 (003)Denver; 9-C 83 (719) 590.9227 (J03) 909•JJ83 MARCH 10, 1993 JOB NO. 351 LEGAL DESCRIPTION: GARCIA PARCEL TO WASTE MAMAGIOTET ONE-QUARTER OF A TRACT OF LAND BEING THE SOUTHWEST ONE-QUARTER OF THE SOUTHEAST SECTION 32, TOWNSHIP 5 NORTH, RANGE 66 WEST OF THE 6TH P.N. , COUNTY OF WELD, STATE OF COLORADO, AND THAT PORTION OF THE NORTH ONE-HALF OF SECTION 5, TOWNSHIP 4 NORTH, RANGE 66 WEST, OF THE 6TH P.M. , COUNTY OF WELD, STATE OF COLORADO, LYING NORTHERLY OF THE NORTHERLY RIGHT-OF-WAY LINE OF THE COUNTY ROAD PARALLELING THE SOUTH RIGHT-OF-WAY LINE OF THE GREAT WESTERN RAILROAD (KNOWN AS ROAD 378) AND 3LYING 00 AT�PAGEF4773 RIGHT-OF-WAY 77TH AVLINE OF THE ENUE) IN THEERRECOORDS OFIC YSAD`RIBED IN THE EAST WELD COUNTY. SUBJECT TO A A SOUTH WEST E-QUARTERFOFTHE SOUTHEAST ONE-QUARTER OF SAID 30.00 FEET SECTION32 OF THE . EXCEPT: A TRACT OF LAND SITUATED IN THE SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE- QUARTER OF SECTION 32, TOWNSHIP 5 NORTH, RANGE 66 WEST OF THE 6TH P.M. AND IN THE NORTH HALF OF SECTION 5, TOWNSHIP 4 NORTH RANGE 66 WEST OF THE 6TH P.M. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER; THENCE NORTH 0'12'02" WEST ALONG THE EAST LINE OF SAID SOUTHWEST ONE-QUARTER OF THE SO(II14EAST ONE-QUARTER A DISTANCE OF 1300.65 FEET TO THE NORTHEAST CORNER OF SAID SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER; THENCE SOUTH 88'52'43" WEST ALONG THE NORTH LINE OF SAID SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER A DISTANCE OF 833.56 FEET; THENCE SOUTH 32'56'08" EAST A DISTANCE OF 248.99 FEET; THENCE SOUTH 14'49'56" EAST A DISTANCE OF 299.73 FEEL'; THENCE SOUTH 17'23'51" EAST A DISTANCE OF 305.92 FEET; THENCE NORTH 47'39'56" EAST A DISTANCE OF 330.89 FEET; THENCE NORTH 90°00'00" EAST A DISTANCE OF 257.27 FEET TO A POINT 30.00 FEET WESTERLY OF SAID EAST LINE OF THE SOUTHWEST ONE-QUARTER OF THE SOU HFAST ONE-QUARTER; THENCE SOUTH 0°12'02" EAST ALONG A LINE 30.00 FEET WESTERLY OF AND PARALLEL TO SAID EAST LIVE OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER A DISTANCE OF 836.41 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF THE COUNTY ROAD PARALLELING THE SOUTH RIGHT-OF-WAY LINE OF THE GREAT WESTERN RAILROAD; THENCE NORTH 62'25'05" EAST ALONG SAID NORTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 267.89 FEET TO THE NORTH LINE OF SAID NORTH HALF OF SECTION 5; THECE SOUTH 88'51'20" WEST ALONG SAID NORTH LINE A DISTANCE OF 207.90 FEET TO THE POINT OF BEGINNING CONTAINING AN AREA OF 10.8 ACRES, MORE OR LESS. 940120 Exhibit B-2 Property Deeds 3 ,0120 rt'i V 4 Ts , ,, :1'1,--,-71 -- 9 [M. t tnr"4 f:4flb t ' 1 , 6 i. i II I'.. , {:L(. 273210 05/17/93 16:42 $75.00 1/015 4 yq*, $;> - N . 9 NPR '.N"J kEU6 R5TP.IN CLERK 6 RECORDER WELD CO, CO ,. STATE DOCUMENTARY FEE '" 3' i 7 Id LII SPECIAL MALAWI'? DEED Date �' / 7-f' ` z+ Ca ': t,. , '. � Ina 4,O oo $ -'t THIS DEED, made this 7." day of May, 1993, between ELLA "! tle�d,', '' MARIE SPOMER, also known as ELLA MARIE HAYES (with an address of fi l F y 7 1109 Club Court, P. 0. Box 773, Saratoga, Wyoming 82331) , as to an �," +'£` " `. undivided one-half interest, and SUSANNE SPOMER, also known as m 91',10,1trr° if: SUSANNE STEPHENS, also known as SUSANNE STEPHNES (with an address "ti-N., of 1406 Stove Praire Road, Bellvue, Colorado 80512) , as to an 6 r^z undivided one-half interest, of the County of Weld and State of P .mfr , ag Colorado, together as the "Grantors", and WASTE MANAGEMENT DISPOSAL SERVICES OF COLORADO, INC. , a Colorado corporation, whose legal .3 address is 5660 Greenwood Plaza Boulevard, Suite 400, Englewood, 5 11 H *4-,44a-‘ ..,43 ‘j Colorado 80111, Attention: Division President and General Manager, :4416 ". and Associate Region Counsel, of the County of Arapahoe, State of Colorado, as the "Grantee" . . a ., WITNESSETH, that the Grantors, for good and valuable , �, - consideration, the receipt and sufficiency of which is hereby i^^' ' ' acknowledged, have granted, bargained, sold and conveyed, and by ,,, , I t,w" ,8C' "'r. . these presents do grant, bargain, sell, convey and confirm, unto ar t 1 , , ', the Grantee, its successors and assigns forever, all the real '+ j+,~, " s property, together with all improvements and all irrigation iri ..., pipelines and other equipment, machinery, apparatus and fixturesg`� located thereon, if any, situate, lying and being in the County ofr°. ;Weld and State of Colorado, which is legally described onExhibit A .,t„� attached hereto and incorporated herein by this reference; g ,�' "°� ,,TOGETHER with all and singular the hereditaments and ��„qappurtenances thereto belonging, or in anywise appertaining, and ` nc'e the reversion and reversions, remainder and remainders, rents, -Sissues and profits thereof, and all the estate, right, title, nd �r x interest, claim and demand whatsoever of the Grantors, either in " :law or equity, of, in and to the above bargained premises, with theyhereditaments and appurtenances; SUBJECT, HOWEVER, to those b `�- rreservations in favor of Grantors under paragraphs 1 and 2 below -> ,� _.(all said real property and property interests conveyed hereunderb ;,rr > - being sometimes referred to hereinafter collectively as the ; Ate ski "Property") ; - t -a TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee, its successors "t' 4 and assigns forever. The Grantors, for themselves and their heirs, n d+ 1'" 46x, it { and personal representatives, do covenant and agree that Grantors y ,y 11- 4,1. shall and will WARRANT AND FOREVER DEPEND the above-bargained ' premises in the quiet and peaceable possession of the Grantee, its ' n- successors and assigns, against all and every person or person claiming the whole or any part thereof, by, through or under the Grantors, subject in any event to those matters affecting title listed on Exhibit B attached hereto and incorporated herein by this .+ MS- ; , , 'fr reference. " n ,n" w "RV -I- + ` S,4 • : The singular number shall include the plural, the plural « �, the singular, and the use of any gender shall be applicable to all genders. c 440,0Ft1 In consideration of the grant and conveyance made $ , „.y 4 ' 7;; hereunder, and in further consideration of the mutual covenants and ems, 9 % ,"- -" agreements hereinafter set forth, Grantors and Grantee covenant and I A7 agree as follows: g 1}1, Qrant and Reservation of Mineral Rigbta, The Property, as conveyed hereunder to Granteeoes and shall include, mil ,ar „ and Grantee is hereby vested with, all Al,oi gas, coal and other ' minerals, and all rights and interests therein, which are n appurtenant to that real property described on Exhibit A hereto, and rents, royalties or income derived therefrom; provided, , however, that Grantors shall retain and here:"' reserve unto themselves, their heirs and assigns, all rights to receive rents, . '. royalties or other income from any exploration !or or production of 1,-, 11•01 11N1.I WV Gilt 4l,:L p a 940120 .. of v gym+ ,Nif ; n� w ) 411", �; i gyp t� - r9W��*Ili -. (xgpA r . d r', -' Y A.; ..::^s₹, nthi i tartf...'x :mw,�ti- : s.. ?a' 8:81"6-t€..°;lsf,(" ,...,.,Or -. r - �F �.t ,14,=�'a��t' B7S y a ! 4 o s ha " k p ,. wy I ;EL. • I'( { FF - " 3 x'4 4 i, om ri: t ` ,� ere ole r - rill �, � �' _ , see .. riv- 1 al"�ri £ Sy ,of,vM A��0r _- r 1 O -Al a i 414'.f ti 3^ a-L- �.: i mi _. r :ties �::> > , ii a; � , 1 t _. r _ mere e- v 1, ' , 3 fee L . t L, _3 1i L e 3 3 : " f A [�' A . 1 t0 ”C r • 1 j 9.`3 tfttrpasa a. -ll i ' 3• .6 (�� - R, " a t, ndu i . r t .,1 - „' , , 1 of jr . or T nerale - nl " ct_on q ae.. - ner-_.If sc a .. d : e sewhete within r : Ptc,..e :y ' 6 `I the r rf. 5 a :.e subsurface operations. As a . S2) a�`, ,'�� i I - e Ropes: :res.'r1 ❑ shall to limited in al respects to , it e, a _ right tc .r any ren s r yalttes or _ncome hereafter ( { Ss ) nd attr t" t e F c the Mineral Reservation Area and I'll' salr Ia front e. _1 anon, if st all, b Grantee of „he A , r a h a tare Righ'_e and Grantee shall have no obligation to Grantor �.. + ", ,�i �i" � entity or ati ze the Executive Rights to any extent. All �'� 4,€ 8` d vi y;w era:. rights and interests attr:.butable to portions of the .M4 it p rt other an the Mineral Reservation Area, including, T r My�✓' took w h u!: imitatic the Executive Rights related thereto and all 'j c + :. to royalties and Income that may be derived therefrom, are , , ,t. .1,' t"� '"r. rec :onve ed to and vested solely in Grantee. ' i q ! Y re 6r R A N '' t 2. Wafer P -alitti. (a. The right, titJ.e and interest of Grantors _. . ra r� a. i, ' i r Id' : conveyed to Grantee hereunder do and shall include all of Grantors' €, 1' rr . 4 right, title and interest in and to all water and water rights 11, .Yt 1* 4. ert associated with the two existing ponds located within the p1�8 J " boundaries of the Property, as depicted on Exhibit C attached E ; ad t� hereto (and incorporated herein by this reference) , whether such , B�.I fr water rights are tributary, non-tributary or not non-tributary, or a .4 '0 ' fi``"�.�. adjudicated or unadjudicated, or conditional or unconditional, and I- ' any stock or other evidences of any water rights associated with k -*".r' +1, those ponds. The other water rights appurtenant to or used on the 4 ✓ I fib Property and which are included within those specified on Exhibit I;4Pr I'... ' D attached hereto (and incorporated herein by this reference) are # ,r )�, ty • t , r, hereby and shall be reserved to and retained by Grantors; provided, ,a ' "I 4.‘ however, that Grantors hereby expressly relinquish, terminate, 11 SO release and convey to Grantee any and all rights to came upon or go 140q q a 4 p, under the surface of the Property for purposes of extracting, using -.� ,r.. iii or enjoying Grantors' retained water and water rights, together q 4 with any easements or rights, whether implicit or otherwise, to i,' ut' make any use of any waterways, ditches, ponds or related t F" r'1- appu�:tenances, or other water-related facilities lying within the „ , boundaries of the Property (except for Grantors' rights pursuant to f (p6' paragraph 3 below) . Grantee agrees to cooperate to enable Grantors ]yk, ( A' to retain Grantors' reserved water rights as described above, so '44 Long as such cooperation is at no cost or exposure of liability to W,)r ',,Ee^,y .h�; .. 4'i6' Grantee, and further provided that Grantee shall not be required to R,9edl do anything which may impair Grantee's rights set forth in as itt 10 subparagraph 3 (c) below to make use of the "Property Pipeline" (as kr " , c 'f" ^e' hereinafter defined) and water derived therefrom. Subject only to try .ak'u the representations made by Grantors under subparagraph 3 (c) below, '.47. :;‘, Grantors hereby disclaim any warranty of title to the water and mr j water rights that have been conveyed to Grantee hereunder. x (b) Grantors specifically acknowledge and agree e ^ ' ; that Grantee shall be entitled to remove from the Property the 6r existing ponds located on the Property (depicted on Exhibit C ^a r.' • hereto as "pond 1" and "pond 2") . In the event Grantee ever elects *"g** to so remove those ponds, Grantee shall remove the headgates therefrom and make them available to Grantors at a location designated by Grantee. The headgate■ shall be delivered to Grantors in the condition in which the same are found following 1 " ' removal, and Grantee shall not have any responsibility or liability to Grantors for any damage caused to the heaci-,ates during the removal process. .. • 4 Dell I 4f:1.41 1 µ^ 2_ 941) 120 •.: .... .. . . � �:; i ,, rV EfF•R$5FAs�c 1 � '.q.0-am F�� { ,..z.%„-A i ItFC 02333210 05/17/93 16:42 {. 1 ; �ty * 5.00 3/015 ��Ir im A ` Y 3821 MARY ANN FEIIERSTEiN CLERK d RECORDER WELD CO, CO 1"'1'lya 1 G u. al '1,Fc_ , 3 . ELonertY Pipeline. ' 4, I I a ;�, (a) For the sole benefit of Grantors' farming err ,iS, operations on that certain rep' property located south of the ' ' Property and legally described on Exhibit E hereto and incorporated 0 ' �'.. herein by this reference ("Grantors' Property") , Grantee agrees to -. h ,e `t, "�"!tw ''s' xt t maintain in operating condition that portion of the existing �' irrigation pipeline and irrigation ditch within the boundaries of ]�,I the Property (together the "Property Pipeline") which furnishes ft* .4 water from ponds located off the Property to the farm irrigation +, ( )i ,� '• „ system located on the other side of the existing private unpaved c1' ' �. m i access road which lies along the southern boundary of the Property ? "`,+� ,• (as depicted on Exhibit C hereto) . Notwithstanding Grantors' right 4'.4(141 •. - 4 to enjoyment of the Property Pipeline, Grantee will have and R :. maintain exclusive possession and control of the Property Pipeline, � a .4 a 4Flj and Grantors shall not have any easement or other right to come !,tei ` , upon the Property for the use, maintenance or repair of the � j .,,.'14.');.:. ,:. ? Property Pipeline (except as set forth in subparagraph (b) below) . Furthermore, Grantors agree that if any maintenance or repairs of k ` " the Property Pipeline are necessitated because of use, maintenance • I41 or activities related to the off-site portions of the pipeline ) i j '. . � 1' and/or related irrigation facilities, Grantors shall reimburse -i`. hr < �'�� Grantee for Grantee's costs of such maintenance or repairs before ; p 49 Wr Y Grantee undertakes such maintenance or repairs. . 1 ill u 1 ,.. ' (b) If Grantee ever breaches its maintenance re : ''° "• obligations under subparagraph (a) above, Grantors shall give - N`^l 'V4�,.,tl pd' "w ? ki. Grantee written notice thereof, and Grantee shall have fifteen (15) ",, 411.-IF t yp1 .- days thereafter in which to cure the subject breach; provided, w µTM1,) , 1/41.4/4"--4. .-4,, however, that if the breach is of the nature that the same cannot , xa be reasonably cured within said fifteen (15) day period, then + ""+ Grantee's cure period shall extend and continue so long as Grantee c h,)' a -4 , , pursues the cure to completion by the exercise of due diligence. . M a, ', ,",x.. ,,,,, +a Notwithstanding the foregoing, in the case of emergency )^ ,,r, circumstances, which are defined as the material interruption or 4, � t+o-.` impairment of the water flow in the Property Pipeline during the , r)t, ' �''.,, irrigation season, then the foregoing cure period in favor of ') Grantee shall be reduced to the period of forty-eight (48) hours f,-fl,: . , 9" �t' ''Fiia.3 after Grantors give Grantee notice of the emergency circumstances, ` q •,��w or any longer period that constitutes the minimum feasible time � necessary to complete the cure (in this particular case, the notice 6x Q '4 of emergency circumstances may be given verbally, provided such " ' i' °. verbal notice is given to one of Grantee's officers or managers11 "�'" �, �, with decision-making authority and is confirmed by written notice { k , given within twenty-four (24) hours after the verbal notice in " .,;1141",: ,, accordance with paragraph 10 below) . In the event Grantee does not >' rga •5k 4 , .4 L - complete the cure within the applicable cure period, then Grantors a� )r w € ,3s.:. effll ectuating a atheghtof entry upon the Property for purposes of h > , �, ,', " g necessary cure. All reasonable costs incurred by ` ',,A ' Grantors in connection with any proper exercise of this cure right 311 ` t '.' ;^ '1 - shall be due and payable from Grantee to Grantors within thirty ,,, ) b,' .- c+ [,. (30) days after Grantors make written demand therefor (which demand ", , . iyy,;: ;It must be accompanied by invoices and/or other documentary evidence" reasonably establishing the amount so incurred by Grantors) ; " 4-1 f4 provided, however, that Grantee will not have any liability to ' *r Grantors for those costs or otherwise in the event those costa o4' would be borne by Grantors under subparagraph (a) above if Grantee 9 had incurred same (in such a case, Grantors shall pay all such :',1' ), I a costs and indemnify Grantee against any resulting mechanic's lien , ,,,; 9 .r claims) . Furthermore, if Grantee ever fails to complete the cure qu foregoing entry and cure right in favor of y t," as required, the lore oin A „. Grantors, with the corresponding right of cost reimbursement, if ..1:::Z4,1:1 al any, shall be Grantors' sole remedy, and Grantee shall not have any '14'0"k . liability for loss of crops or other damages suffered by Grantors, x +S so long as Grantee does not affirmatively prevent Grantors from ,, 14' ,! ,"4' - ,�,), i having access to the Property for the p y purposes of exercising » ter i ;v( Grantors' cure right hereunder. �` �y�,�s. i„ (c) Grantee shall have rights of access to and the �'° use of the Property Pipeline and water flowing therein from time to . time for purposes of conducting dust control or-rations on the Property and "Option Property" (as hereinafter referenced) . 0.4 ;: NLl w,ou,IN ,.9 ,- 940120 M: -x �' .5144144:4-1')::; 'f-I 1103 ' 02333210 05/17/93 16:42 $75 1 4/015 - - •, 3 j.+�,w 'Y P OP Al' ANN FLUERSTEIN CLERK & RECORDE} LD CO, CO 7�. ,p s ; fi Grantee's right to use water in the Property Pipeline for dust;17. cy, .� control operations is limited so that Grantee's use does not reduce l!'''' '+g,;) the quantity of water available to Grantors below that level which }y , is reasonably necessary for Grantors' agricultural irrigation I. operations conducted on Grantors' Property. Grantors represent that, to Grantors' knowledge (having conducted no investigation or u e i... - �'' inquiry) , Grantors have the right to use the water flowing in the l,', = 1')-4()(% in i ) , 4 Property Pipeline for farm irrigation purposes, that any and all w ¢>' ' � rights to that water are free and clear of any grants, assignments -14,04-4 1. ; ;- or other conveyances of any nature by Grantors in favor of any ,- Saw r,A ,- ryf third parties, and that Grantors have no reason to know of any �' claims in favor of any third parties to any of Grantors' water , ` ' `, rights; provided, however, that Grantors' representation in this ' ii a regard is subject to any limitations on Grantors' rights imposed by , r- `gwi'c.: y law, including any limitation to historic consumptive uses of the 41,1+K ,. r-rw water. ;d ' 42Y x�^' ' ,I.'` ''' 4. landfill Operations and Related Uses. > y `' 4v,t (a) Grantee shall not engage in any trash dumping or other landfill operations on the Property itself, except that ' , 41:1I tt Grantee may conduct landfill operations within the small neck on ( pond 2 (as defined on Exhibit C hereto) if and when that neck is ,. �, 3' removed. Grantors acknowledge that there is some pre-existing � 2ej°s1- ,- landfill on the Property, which may remain, and the foregoing shall , ., ! . ' not require Grantee to remove that landfill. „=,' .a- h i ; G 'w (b) Except as allowed under subparagraph (a) above, e{'t t ' � a " � no industrial/commercial operation in the nature of recycling or 4 .. any other related commercial operations shall be conducted upon the 3`40 < - ,� Property. it!,�p it ,d" . i.- « (c) In conjunction with any excavation or leveling �*B'e " ` work that Grantee may conduct on the Property or Option Property, ' c Grantee shall not cause any material impairment to the subjacent4.t2; and lateral support for Grantors' Property or any material adverse ' impact upon the historic drainage flows and patterns from the K+ 6d Property or Option Property onto Grantors' Property. 4 F 5. Fencing and Landscap nq. Grantee shall complete the following in connection with the Property: E , 1 MM (a) On or before December 31, 1994, Grantee shall , t. °' ' install a 4-strand barbed wire perimeter fence around the boundary of the Property. ,+` 6` , (b) Grantee shall plant trees along that portion of ' the common boundary between the Property and the Grantors' Property ≥ . x, which is contiguous to the private unpaved access road servicing Grantors' Property, as indicated on Exhibit C hereto. Those trees fi ,��, shall be of a size and nature sufficient to create a buffer which c is reasonably adequate for purposes of shielding the Property frail i;.,v ` • view from the vantage point of the portion of Grantors' Property `. - ash �-�" 'fit ; .' which will lie behind that line of trees. All said trees shall be ,t " in accordance with a landscaping plan prepared by Grantee and Y subject to the approval of Grantors (which shall not be unreasonably withheld or delayed) . Grantee will be obligated to k br .t, complete the planting of the trees by November 1, 1994. k. a ° . (c) So long as the same are living, Grantee shall : k " ' not remove the existing Cottonwood trees on the Property that are -� located below pond 1. w t' 3 6. Rnvlrnpmontal I1Meryakin.r. ; r k+F ? � (a) (i) Grantee shall not, as the result of Jp .t * operations conducted by Grantee, cause or suffer the Property. Fr"tr, �- Option Property or Grantors' Property to become contaminated with t. • ``1 any hazardous or toxic waste, substance, or material or to be asp ' *l s ' otherwise violative of environmental laws. With respect to the k., .ir.- -.,� Property, the foregoing covenant is qualified by and will not be breached by virtue of the existing landfill located on the Property s. . ,M,t,owt,m,w,. -4- ,ygW. k �. 940120 Ft 4,03;,,,-,41,„ it ` '1}. M+M y^ A! ;. 'F''s. .:41,a0 k913h;' xtt.'w+d'F° C. r+• iy �. , Say N."t. e '�tt 9; v t i ti,1 i ., , i. !3 13, REC 02333210 05/17/93 16:42 $ _ .00 5/015 `� ,$, Lit' • a e F 0823 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Itt "� r�, � f'"t! or any non-hazardous landfill operations hereinafter conducted and •°7g r' 1b permitted under subparagraph 4(a) above. Grantee shall indemnify ' ^' Grantors against all losses, claims, costs, liabilities, penalties, damages and expenses, including reasonable attorney's fees and court costs, incurred by reason of or arising from any breach by " R . ' } ni Grantee of the foregoing covenant; provided, however, that Grantee4. " shall have a first right to defend and satisfy any such claim or to ,a.p Mta=`w .1 �$g; '_, remediate any such liability or loss suffered by Grantors which is i " ₹' i , '�z :+ covered by the foregoing covenant and indemnity, and so long as 0 lll llN.. Grantee adequately pursues any such defense, settlement or ' ,, ' ' �") r w remediation by the exercise of ongoing due diligence, then Grantors N' ‘t shall not incur any cost in connection therewith or furnish any 'k3`0' '0 $. "Fig 44 , consideration in order to satisfy any such claim or to undertake ,) xO:%- ,,` 40t any such remediation, without the prior written consent of Grantee. rs', Grantors shall take such actions as may be necessary } or appropriate }ll! to mitigate their liabilities and losses. In the event any claim, " � R liability or loss which may be covered by the foregoing indemnity f ,. '", k ever arises, Grantors, upon becoming aware of the same, shall give 'n Grantee prompt written notice thereof describing the sane in ° ` 1'9t Any , reasonable detail. Furthermore, the foregoing covenant and -4r- i'i3V r_ M indemnity shall be applicable to the Property only to the extent 4,:, I �.a..t, '-' that Grantors subsequently reacquire title to the Property pursuant (..4-e,;(4 ( to a foreclosure of the Deed of Trust (as defined below) , or '1 because because Grantors are exposed to or made subject to such losses, etc., merely because of their status as the beneficiary under the u t ` Deed of Trust. herein, Property" shall have the same definition asascribed thetheretotheretounder r , r; that certain Option Agreement made between Grantors, as the ,d I optionor, and Grantee, as the optionee. Said Option Agreement is 4 made of even date herewith, and a version thereof adopted for ; .i +a'`.; recordation purposes has been recorded in the real property records i SN . for Weld County, Colorado (the "Records') following the recordation - ,.4z of this Deed. Furthermore, the term "Deed of Trust" as used herein °� means that certain deed of trust made by Grantee to the public i iu, +,,"• '�, trustee for Weld County, Colorado, for the benefit of Grantors, ,tw securing indebtedness in the stated principal amount of $300,000, rc'+, ,' ;' "` "' `' and having been recorded in the Records following the recordation . k ' d� of this Deed. :'* '=`SI •� teg (b) In consideration of Grantee's undertakings ,, oft-""tt under subparagraph (a) above, Grantors in turn shall indemnify 4 t= •iik. Grantee against any claims, liabilities or losses which may arise ' $ % in relation to any hazardous or toxic waste, substance or material that is located upon or under the Property or the OptionProperty, a • i t 0 and the presence of which has arisen because of any circumstances 4 # or reason other than Grantee's landfill operations or any other cause attributable to Grantee; provided, however, that the , , fi, . foregoing shall not apply to any fertilizers, pesticides or similar 1 4 �` substances present upon the Property and/or Option Property that '; 'r, ""` have been used in connection with customary and lawful farming or t� ranching operations. The foregoing indemnity shall encompass and +' 3 ):t'=;,. apply to, without limitation, any contamination of water derived ( ".t.410470. -1 from the Property Pipeline, but only to the extent such 1%,Or contamination arises by, through or under Grantors. In connection14' I . . ' ' ' , � with the foregoing indemnity, Grantors shall have a prior right to 4::'t '' ; defend, and Grantee shall have an obligation to give Grantors 14( notice of the given claim, liability or loss, which are comparable ,- + ad to those set forth in subparagraph (a) above. 'tn (c) Furthermore, Grantors hereby represent to i Grantee that during the term of Grantors' ownership of the Property #� , a • +q+ and Option Property, neither the Property nor the Option Property ;":� has become the subject of any contamination by any toxic or .1.c itt.' I' hazardous waste, substance or material which has arisen by, through ` 41; or under the Grantors, and to the best of Grantors' knowledge, the '" Re, Property and Option Property are not otherwise contaminated by any ar3 rI , hazardous or toxic waste, substance or material; provided, however, § that the foregoing representation again shall not apply to any ,,,.n! fertilizers, pesticides or other similar substances used in n connection with customary and lawful farming or ranching INC.I Rai IM,.Mpg Te 5• 940120 -„ , ii: .rty .-405,i.', ` f gm€ ,,l K, ' y 1 y,, , ',,v &+t „ t g`�' • :': ., ti 's t ,,,. :. r.a i# :r ,A, G itf,z `+ tyl'�jpar,,,,:14,,i, M5 a{ 4?4,Y.Yt "' ,.4.,: ''@i .. ;'�,. 1- rt.3“,*.ti, 3b w, ,' : Y 4 44 ,; ( I j old, [ t :..“,0 4.7,r y. st, t to . 34-,,:,14.2-4- A, , ,. • I - t # t P, 4 : _ t Bbl ,. r - _ 'e - � t y,� I _. 4.�+ : d >v 1v ;� "�� `4 ai, . . lir. • es_ et i t p, ae r r s op,2 i :.y. xc - i .y , w e- _.f to ;:e ❑� 'r` ro) ty J » 'N r a all . .. ,..1 ,r _ rf )- - OIl e- ._ .g .. , i ::a - -.e earl; 3CCr. ...... _ 4 ' nr � c_c onl. � =c r{�' � '' ?nA' ,F iw e_sr.Lp term r pl t ,-' - t I : n a conv, i _f rich 4Ari ih. Property or Grantors r per i Cr any portion ne eoI-, to { `"' transferee receiving .:hat conveyance shad. be deemed - ; assum. a_1 + Al i x such obligations thereafter accruing with respect to -.e pro pe ..;� irk so conveyed. Howeverin, the foregoing shall not any way he §'• Cs, t k. construed to limit Grantors liability for their warranties Yt pi=" title made herein or their representations and covenants made under rrs 'a . subparagraphs 3 (c) , 6fb) and 6(c) hereof. - VIt CN'.'� - B. Gas Well Appurtenances. Exception No. 8 on Exhibit 9" ' ° a B attached hereto references certain gas well appurtenances i+ s existing on the Property. Grantors represent to Grantee that (a) `"' .,�i such gas well appurtenances are solely oil and gas storage and '+1t0:649 t o processing facilities for production. from the Option Property '.- + a., +,.. and/or other properties owned by Grantors that are located south of p'4 0.4,, the Property; (ii) such oil and gas production is pursuant to =„ 1 3 IN 44-,.-‘,v:,,, certain outstanding oil and gee leas ea made by Grantors and/or t � : ;f < !-s>•; etk their predecessors in interest and recorded in the real property t._ �'• t records for Weld County, Colorado, in Book 963, as Reception Nos. ,i ^ •'t1 yp` 01885306, 01885307, and 01886407; (iiil pursuant to and under those k 4r t•' a'! oil andgas leases, Grantors have given the lessee verbal . + permission to locate the existing gas well appurtenances on the i. + Property (but no others) ; and (iv) there are no agreements, other 1 = than the recorded leases, which govern the location on the Property +"' of those gas well or any other related appurtenances. To the E. 'Ey' Y,( a -'..;':,-.1/4.44404101,-:. , extent the same relate to maintenance, care and preservation of a they; a , I ^"g`",h* Property, Grantors hereby assign to Grantee the benefit of the ,. � obligations of the lessee arising under or in connection with those 41-.,-41,i.41 oil and as leases. Grantors represent that the applicable ergs r. at t < st 'r ,�,v obligations of the lessee under the oil and gas leases are in forceh.s,y, ` and effect and have not been released or waived to any extent. ;'� �i+ • ,.: 10- 9. Joint and Several yi abili tv. The Grantors shall be ): r , ,}' jointly and severally liable for all of their representations, a'= warranties, obligations and duties hereunder. If any pertinent '�i �` • ''' '; fact, matter or circumstance arises by virtue of any action or let,.,. . �^' omission of one of the Grantors, such fact, matter, or circumstance ,, V. ' : , . shall be imputed and attributed to the other Grantor for purposes a ',"?';f,..-. of applying the provisions of this Deed. {� i , ( . Any notice required orpermitted under the ` • i #' wtr.r" this Deed C 4u ti terms of shall be in writing and shall be deemed given y� �r 4.� . ,104. ",'. and received (i) when hand delivered to the intended recipient; 'NZ* ` (ii) three (3) business days after the same is deposited in the 'i ce United States mails, with adequate postage pre-paid, and sent by registered or certified mail, with return receipt requested; (iii) tP when received on the recipient's telecopy facilities accessed by the applicable telephone number set forth below; or (iv) one (1) t t '" ,, .'''t,,: ';‘,...1' , , + , business day after the same is deposited with a reputable overnight r ,y, courier service which has a delivery area encompassing the address s e ; of the intended recipient, with the delivery charges prepaid. Any t.I. ^ ' �' notice under clause (i) , (ii) or (iv) should be delivered or mailed, as the case may be, to the appropriate address as set forth '1.4 ; .t" '401 e previously in this Deed. Either party may change its address or +n . 4y, .. ,. telecopy number for notices pursuant to written notice to the other •1a,,v .�' party given in accordance with the foregoing provisions. Written notice may be given on behalf of either party by its legal counsel. .:pre, If the Property or Grantors' Property or any portion thereof is a „ ,r` ever sold or conveyed to a successor in intere,. _, it shall be : .. �# incumbent upon both the transferring party and the successor in interest to give notice to the other owners hereunder of the - t f IHYI I .rF ejIM I L^ g /� „ 94 9) alrsil .A•. 0'10/4'4 • .t +,etc 7. ° ,:4.,K,.1,r kh ..e'4 :14 4...R.:: ',F 'fl;w. ,3i i.,. ax . Y11f p 1 , N, t jr o -r i' 'i� K H, tI R 1383 02333210 05/17/93 16:42 $75 7/015 1:.%' `4" f S�n 'p4M I• . 10825 MARY ANN FEUERFTEIN CLERK 6 RECORDER WELD CO, CO 1110".'�' 1 �,, iirly, f . 1' i[' A ,,; , t pertinent address change. Any notice given by Grantors must be ^0y` made on behalf of both Grantors; any notice which purportedly is 1 A a �, ,, given on behalf of only one Grantor shall be null and void and of � '� ?, :.,. no force or effect. w u + The initial telephone numbers for telecopy notices are as follows: a "k '", �, ▪ ., Grantee: (303) 770-8976 C s.=11> �i +,. ' ,. Susanne Stephens: (303) 667-0047 �' r ;. 1. '. t Ella Marie Hayes: (307) 326-5101 1 4 . 11. Creation of Legal Dvscri do party creating >s �i i, �^ ` p ur+. The art ��^^ ,, tip r 01 the legal descriptions set forth in Exhibit A and F hereto is as r follows: ,,' �"` Montgomery-Phillips, Inc. 0i1 a w " s. 7550 W. Yale Avenue, Suite 110 ` Denver, Colorado 80222 ',e " 1, . . t . IN WITNESS WHEREOF, the Grantors and Grantee have made '� >,' • :v this Deed as of the date set forth above. t� �a, .� 5 4.., Sk4/, 7 S GRANTORS: ' y ; , �� //CC (//�/.f4 �. A y10401i- ELLA MARIE SPOIL, ale own as ELLA "fit ' 44 s- MARIE HAYES 14€ " L ?3^�1n' dv �,i' fin ' , ; S ANNE SPOMER, also as SDSANNE • STEPHENS, also known as SUSANNE � °d"„ STEPHNES . y �J f,'F` 4M'. MANIZSaft' cl WASTE MANAGEMENT DISPOSAL SERVICES OF ] ` 1 ,� 246. L1/44 COLO . INC a Cpl redo oaptotim V`«$ 4w By: RA///97-2 ‘Y �S, :� t,.tt d Title: .a�iv,Jro,: 17001-000,1"17001-000,1" r4•. °". �0 a.x 0µq, 1 .. 4 I '�dY P F ki ,, a,l! J:!;4",,'r 4 only u i. :42,4-‘4, -� `� :- h'1 t 41 yJ � P--,.- 0 ). DOI1 1117111/1141116 pm 94O120 • 1d;- .77 *4, ,�A RF•'� ..rit, ..eoloWvarskx.,,ak'tiitla..dt>x'YRY,�awtiw,tlduPYk�a2a;vi.au.t.-'�‘g,.,u g 1..,, °1. 1 I EC 02333210 05/17/93 16:42 $ 00 8/015 1 q c r C 0fl26 MARY ANN FEUERSTEIN CLERK is RECORDER WELD CO, CO 1 *" r1�A" °m n { iR*9 9d a 'd er ,`. 4%:. STATE OF COLORADO ) se. • ii COUNTY OF 1,v 4�.O ) ) FF Fvr S The foregoing instrument was acknowledged before me this }WI, Id g 1 Y� day of Vi1c.yy , 1941 by ELLA MARIE SP0�R, also ,; 4a Gr sds, NE ' 'k own,as ELLA MARIE HAYES. My commission expires :i) ko ISy _ f „.'. ,, A;. G ,,r, ,: , 'j 1941 ., Witness my hand and official seal. E " $01/4.1.14 fi 1 - .....w.l,..., ♦ � it, "11 n Cn�G �'y >ht..�b� .. .Notary c S: Y , i. ;� 44,1 z ►,aITI I Y)1,14 ' xe• ,ik- 4'4 4' M1 A'l'SSI;,.L'OLORADO ) "` ' ., ( r ,t"o_r toy .01 ) es. �$"� 1 s ' .,�170RI'EOF WE�d ) y• ..,0 y. 1 � The foregoing instrument was acknowledged before me this ') dayof 1991, by SUSANNE SPCC ER, also s n *' 4 known as SUSANNE ST HENS, also known as SUSANNE STEPENES. My .y. I.r ;,,,e1 j commission expires O h w JAY , 1911 . Witness my hand and d t. 3 ' ,� 4- .. official sisal. ,... n f f lff4 QYi �iR. 1$110. 9.4.,., • .' — . .�; Nota is ,1 °4 14${ �l"" �N 'S xi Y i . I �� 1 4 vehose inHRAD0 ) . f<< —off Lut.,D I ss. �5 The foregoing instrument was acknowledged before me this ' :v,1/4, day of M , 1991 , by Zoe. ISSr.4Mw.11. as a bw,co—1 d..." of WASTE'MA EUffi7T DISPOSAL SERVICES OP COLORADO, INC.. pgitet,gt, a Colorado corporation. My commission expires rah., " : ' 15 1941. Witness my hand and official seal. A g� gas r V p'ia ' 5 "r F• f C. :r r. . �;.., • ' i,, Notary is . r 4,r S `r a #IL- Kt itt, 014a,t; t it '00000 ty, ° ' xI I 1 i UM.1.CI W11r41 III n .8. 9401.20 YYMrtn�.� L'^ �I R Fl! 4 Y •: •�:`i5n$n°t" EXHIBIT A ra I.1A' x' ,,! Ni �z s,*kf'la.i, A tract of land located in the SE1/4 of Section 31, and the SWI/4 of °F' r II �' kL � r Section 32, Township S North, Range 66 West of the 6th P.M. ,and the NW1/ , , u� . of Section 5, Township 4 North, Range 66 West ofthe 6th P.M. , County c � i a f' in u° Weld, State of Colorado, more particularly described as follows: a " fr i ' ch o Beginning at the Northeast corner of said SEl/4 of Section 31; u thence South 00 degrees 08 minutes 22 seconds West along the East line o` /,' a° said SE1/4 a distance of 1656.52 feet to a point on the Southwesterly sc ` ' ' , '' o w line of that parcel of land described in Book 1094 as Reception No. a 1.' 0 3 02034592 in the records of said Weld County; also being the Northeasterly -. ,' '7r " kE ,,;a line of a parcel of land described in Book 1220, as Reception No. {''�t I k ` '7 1 N w 02167034, in the Records of said Weld County; thence along said ` `� 7 o:' f♦y i H .+ �� '; i k, � Southwesterly line, the following 6 Courses: 5 0 1) south 43 degrees 26 minutes 21 seconds East, a distance of 591.14 - �fl , s "� r) :. u feet; "- 4 NW 2) North 13 degrees 36 minutes 44 seconds East, a distance of 97.00 , " w feet; l . 3 v 3) North 11 degrees 48 minutes 30 secu8/4a west, a distance of 140.00 ;r, .-' " 'M feet; ph, ` , �). m a 4) North 68 degrees 31 minutes 42 seconds East, a distance of 81.00 ,,. k l m u feet; , 4, ;1 n a: 5) South 24 degrees 28 minutes 23 seconds East, a distance of 497.00 � feet; Alit 4h,,t- • w 6) South 22 degrees 48 minutes 23 seconds East, a distance of 338.13 rt -I � o� feet to the South line of said SW1/4 of Section J3; +� p1�" t, thence North 86 degrees S1 minutes 03 seconds East along said South line " '^� " ,' 1 ,y co • distance of 1785.10 feet to a point on the West right of way line of ,� . .4i ,; the Public Highway described in look 300 at page 473 in the records of J '' ' ^ l m' thence eSouth ld u3tdegrees 37 minutes 42 seconds East along said West right of way line a distance of 703.60 feet from which a 05 mbar with aluminum 401. l . cap L.S. 011472 bears South 61 degrees 27 minutes 29 seconds West a ' s ttil �j distance of 174.52 feet ,..11 , tt 2 thence along the following 23 courses, each course being marked by a PS rebar with aluminum cap L.S. 018472; 0`, ' '' m N 1) thence South 61 degrees 27 minutes 29 seconds West, a distance of "' �""r' CA' Ma 174.52 feet; . ' 4+ "0 2) thence South 61 degrees 27 minutes 47 seconds West, a distance of y a ' ,4ma 229.14 feet; ` 4'"ild 3) thence South 62 degrees 53 minutes 41 seconds West, a distance of O 489.54 feet: 1n'sbell., ` .; - • 4) thence South 65 degrees 14 minutes 53 seconds West, a distance of �s ' ) 256.26 feet; '` ,..' 5) thence South 65 degrees 53 minutes 30 seconds West, a distance of „ � '' cr.. i 274.65 feet; ,4 "" 6) thence North 28 degrees 59 minutes 15 seconds West, a distance of ' 105.24 feet; r ' g !Ili 7) thence North 29 degrees 36 minutes 06 seconds West, a distance of , ' , 149.14 feet; ,;, 3 e) thence North 29 degrees 15 minutes 55 seconds West, a distance of , . 157.92 feet; ` 9) thence North 45 degrees 27 minutes 23 seconds West, a distance of ,,,,,,4„"Y"ur .�, �•, 460.71 feet; 4q . M` s ,,i,;{, fir; 10)10) thence North 45 degrees 37 minutes 41 seconds West, a distance of ,�.."" w-.' 205.17 feet; ,, .,� 11) thence North 39 degrees 55 minutes 26 seconds West, a distance of ro �^� 77.05 feet; . a�. i 6 12) thence North 14 degrees 37 minutes 49 seconds West, a distance of , 80.05 feet; tni,a4' 13) thence North 14 degrees 31 minutes 02 seconds West, a distance of t 144.47 feet; 14) thence North 15 degrees 06 minutes 27 seconds West, a distance of i : Jr 129.41 feet; 15) thence North 44 degrees 03 minutes 1S seconds Nest, a distance of , 289.35 feet; ' 16) thence North 41 degrees 39 minutes 13 seconds West, a distance o. ~ ' ` ; I 274.07 feet; do ittitti 17) thence North 30 degrees 51 minutes 45 seconds West, a distance c. 1, .. ,, 261.99 fest; ".�`S 18) thence North 30 degrees 40 minutes 39 seconds West, a distance :. ° '; ° 183.26 feet; " `"` r`iy)p '° ;, 19) thence North 20 degrees 52 minutes 42 seconds West, a distance :. i414 . _* 232.s7 feet; 1! -Of ,a; 20) thence North 20 degrees 59 minutes 00 seconds West, a distance ,--Ngt LCx ten" ' p,. 254.24 feet; F7' :A, 21) thence North 34 degrees 55 minutes 06 seconds East, a distance :. 774.68 feet; 22) thence North 17 degrees 20 minutes 35 seconds West, a distance�`M1�^ 655.61 feet; g ' " . 23) thence North 15 degrees 54 minutes 55 seconds West, a distance* .1„":� ;. ,; 560.65 feet, more or less, to a point on the North line of said SE1/4 of Section 31; /� r�9a�a esPar.. :. thence Easterly along said North line a distance of 366.44 feet t3.tL&A.h. Point of Beginning. U z ` e q (*lStealin .e 6 _,.xiVe+.2iW bSaa`i, .i. , .,a.Wl P'i. t. M. f t� 4763 REC u2333210 05/17/93 16:4. $75.00 10/015 ('y.�F r F 0820 MARY ANN FFUERSTEIN CLERK S L R .;ORDER WELD CO, CO ` i '7{Ar , .., ETHISIT a c - 1. General real property taxes for 1993 and subsequent E yet due and payable. 4u years not a 2. Rights of way for county roads 30 feet wide on each aide of . w<< section and township lines as established by Order of the "� ' ' Board of County Commissioners for Weld County, recorded I',4 .q October 14, 1889 1n Book 86 at Page 273. " a A ' 'e`;ie Is-4r' +E' st4r 3. Reservations by the Union Pacific Railrnad Company of (1) all 011, I ' na p.,. coal and other minerals underlying subject property, (2) the 1feE i exclusive right to prospect for, mine and remove oil, coal and I E" ` ,.lit.-4,.."4.k other minerals, and (3) the right of ingress and egress and M ' q * egress to prospect tor, sine and remove ell, coal and other minerals, all as contained in Deed recorded April 24, 1909 in look "' )} " 233 at Page 201 (Affects Nl/2NW1/4 Section 5 and June 26, 1913 in ' $' L . , .w.ra -.. Book 353 at Page 196 (Affects SE1/4 Section 31) , and any interests r'c#`° (v ,1 therein or rights thereunder. „('� a ay'R Fd �4` 4. Reservations of (1) right of J.,„,44;... 4'x 4 proprietor of ay penetrating vein or * a 5 :,:' lode to extract his ore; and (2) right of way for any ditches or �M `' canals constructed by authority of United States, in U.S. Patent "�« . X44, ± recorded February 20, 1919 in look 333 at Page 125. ) ( p (Affects Section 32) fi H 4:` S. ?eras agr�unts provisions, conditions and obligations as contained in Greeley Loveland Shareholder• Domesti fi„ Agreement by and between Ella Spear and City of Greeley, Colorado , ' i `:tISIM '. recorded September 20, 1943 in look 4S9 as Reception No. 1416765 t and between Ella Slimmer and City at Greeley, Col , recorded a <' December 27, 1943 In Rook 501 as Reception No. 1424764 and between Ella Spoor and Susanne Stephens recorded December 27, 1963 in look 501 as Reception No. 1424767. Ali,,,„q" ii 1:4,41! p 6' Easement and right of way for ingress " 4. �' 4 and egress for farming �' � " t₹ operations, care and harvesting of crops raised upon said land, , and for the delivery and removal of livestock by truck or trailer �, , r * 3 for grazing, as gqrranted to Mid-weld Ag Investors, a Colorado Join: � ' - " . venture by Ella 1pomer, Ella Marie Mayes and Susanne suphens, ;� recorded AApril 17, 1911 in look 933 es Reception No. 155 377, i affecting the following described property: I. ?he eesesest shall Collor the "4,,,I.01,* present fan road which is on or ir. � immediately North of the abandoned Great western Railway Company I" ,. "rt` , , ,ar yF { : right of wy runningq across grantors pr y in an East-west tv, • direction from the Gooney Road on the east. ?he center line of F the abandoned Great Western Railway Company right of way is 'D., f' described as beginning at a point on the West line of the NW1/4 of ',1i� , Section 5, township 4 North, Range 66 West of the 4th P.M, weld ,r1 4frau ,� County, Colorado, a distance of 795 feet North of the Southwest °� 'te' '�"' io corner thereof; thence North 63 degrees 21 minutes East. a , , a �+ distance of 2716 feet to a point in the center of the County Ron tioNr which point is located by a line beginning et the Northeast corn ^ ; of said NW1/4 and running from thence West a distance of 225 fast. ) ` - [Nemec running Southerly in the center of the County Road aDL-14i:',.„-:-Al w,rlt a distance of 691 tqt to the point of intersection with said tent Y line of the railway. ', h, , �? ; 7, Matters of Survey as contained in Land Survey Plat records; ,. ,t,.. " 4i September 29, 1992 in Book 1352 as Reception No. 0230503: . ) . 1 (Affects Section 32) . ,.{ 8. Jas well appurtenances and any pipelines thereto and pipeline scar as shown on Survey by Montgomery•Phill_p5, Inc. , dated a. ; March 9, 1993 as DWG No, D351WS, , k,=4w`v '' 940120 w ` F r 401 •Ite b j., ae Sf�?.'1 51u1! . ,.6 .. ,. P �tn7' k• ". x E s " _ ..,. F&wad t ' ,� � t +, a. yo,` c it9 , n � 'i / T � ..; i r�, ruin 1 I Pc"* •N• ,IX''' , \S �a �� ` '''',41 , ,lG , a'� 4A. �b Ate , ;i�s WttP:,.t. 1 ' 1 \ f ivnE• • s i , � ' •,,r i 9 pan i ,::', :' •Iil rk \ I / I ' \ ,414(I"' ak filte44• lamilia•an,* •` !K rp 4CI^Ai , / ,(j 'k :*_tIttr ir^,ti94,t, r CO aA. iX1 a " G d w k a ,l Floe � eft T++u . . 4P.r*' �,,, 141, tr C tiel . **lg. 4 'Wirt ‘• kY a \ NA. �1 A I: rIt ::. �3st ( 'jai"" t k +•i Y'� ; .44::\ ,3M• �i* . �"-#>? ,s , a 1 i^•�rN —� .„ ^'q:Id ®ilA. •• F i , u.i 140 �+ f'.) v. • IA [rr s ' a� rl. 1.,. �, '1 " , , ,� :. Fl , •v: i r 4.14 ,.r+ 4e cd", u^lq, �1 rN j!r , s" p . B ak6 t S TII'R•"a/, 8 1383 REC 02333210 05/17/93 16,42 475.00 11/015 CO, '#• ". ' i F 0829 MARY ANN FEUERSTEIN CLERK i RECORDER WELD CO L ,. I, tis, „ •E' m✓.,. py. i k » I }}��, H 4: � T� * 4 I Exhibit C i 94O120 eIAAMvBl4 v;.. __ , k 4 1 7.a«.� a ita. • cl �~ M ' �Aa his i,6 t': g$ - Y •,,..44•40'46,Il '�• IICP " 4 1 7$A( � ,. / H Y,Y•l t /,•\ LIB :004-14, ;' *7• c PV 5 1 '�j fA� q�'. ° +: - y repsI.wti: • ' ai, ' 1,4; ' k / '' 4'1.,44,;•:HJ6 e \� / ; • \ j.• _ I gyp.Ip t,r qri t+. M M1'v i,'l�,4' • Ai < I ) 'i..-. \ .• • timedits ' yr,�,� IT • ,S • 1:11^F ,t1VI 4.:1 • • •••.'r•� -� • mss��} t t‘---,.:2,2,,t, 40 AC I Jr4Yar - � �� "1 ' , L.. +far- ' �� li r r , � i� r i .. ai •..../ 11 • -.•4'.< "` I �'.lcN — s•lo ®UAW '' it s , ,1 s , , ryrAti � :4,� �I+i �. 4 4 k 11/2 tea; :may '' a i . " 7. #pan r" r.1 p 7NhIIL - /'nperti, i. e ,>fi: µL . �: F tat =la- /rh nem/ t ele r1/01%DA R✓eai (a/ss coAci /SCJ Per 'Or* o f /°rptoe r,t y) a I .' i eg. i EXHIBIT C (:tont 1 nued1 94C120 .. P 1363 I "C 02333210 05/17/93 16"42 475.00 12/015 N 0030 MAUV ANN ?IUINU'1'N1N CLINK 4 NICOMPIN NNAP CO, CO ` #?4, s H �3y 1 f, vim` i, k ¢i, k 'I P to ��+ �� p�� I3 ]3tl3 REC 02333210 05/17/93 16:42 v/5.00 13/015 1atiY 1114 :y LL "41a1r C 0831 MARY ANN FEUE RSTEIN CLERK & RECORDER WELD CO, Co 71ai., ;(.. } [.. r 1; EXHIBIT D 1 r'5' +kr1, :Y..?Fit r The following water rights are retained by Grantors and axe not a � ,. part of the Property to be conveyed to Grantee: Il7 v (i 11.r 1 �'_ ' �irkri r". iii,�, a # 4_ : 12 shares of Greeley and Loveland Irrigation stock �,.. 1 1 right of Lake Loveland Reservoir Company ,,S # a 1 i $ a shares of Seven Lakes Reservoir Company € �ti ., f ts ` ��' 7q ` 150 units of allotment of the Northern Colorado Water Conservancy '4'1 ct ;'' ! {.,' ' - District 1I * 4 shares of the Big Thompson and Beeline Ditch Company 7 ' �rB� f � , .q1 = t Historical irrigation rights from off-site ponds and Property C P �}� '"` Pipeline, including the rights to recapture return flow from j f6} irrigation on lands other than the Property, subject to the 'i klf j•f limitations contained in this Deed . °I, o �' T1`t%, 1 d ° 41' The conveyance of water and water rights to Grantee hereunder does ' i 2.1 and shall include all subsurface water beneath the Property. ,� L. 1 , i i r p': au au °E i f I " ate' i`a,! %WI,%9 V , I"4,PO 4 r t M' a - , ! ak1 S k 940120 �^ _, '. . , k,m�. ;. e :.� xt�;�J�`5,,t `�".` y�'� s h-'tY��ytp�y��' � nj' '�'�.'; " M# 3.+�i,�p'. . . . ]4 � '�3 ��h�ii'�a�.�A�'.�i..�4k'�.� � ��9dH.K2��.3.�,°�%�w�uA u`�'d9ritl '�`t:,.�+ M1 �. I� '�t�!t �� i t ��. p°� 4 �.�.. i � F � w� ��`, :�'�"� � � lf 1JIfJ HEC 02733210 0S/17/93 16:47 $75.00 14/015 �,�xw. ��"� Y �C� �t iiF �� I' 0f1J2 P1AR1' ANN FrIU6ASTEIN CI,EAR d i2L•'CORDER WEL� CG, CO y ,br �'2A'6t ^, �. �: 4� �y§I� . »�� ?'�� EXFiIHIZE �" ��' �� "r.� ' _ � .c�� For purposes of [he Sptcial Warranty Deed Co which this �,. �' ''� exhibit ie at[ached, Grantora' Property ie the following deecribed "`�`�t " �. property except for the portions thereoi conveyed by this �pecial �� F�. 1; � , ,, warranr.y Deed which are more par[ir.ularly deecribed i.n che �'��+ ,�`;,�E�. f x , : ', ��` preceding Exhibit "A", to-wit: i�.j , v. �� ,; �: . . Ky�.4'; ��'��4N?�;z'�M� .�,'�';�� a k .,*...� .,� PAACEL 1: i'�rs ��;i.� �� Tha S1/2 ot th• NW/6 ot Saction S, Tovnship 4 North, Ranqa 66 Waat of tha �,sp�i °y,�> i eM�,aa,�-..�> t �s- ''� 6th P.M. � COUnty OC W�ld� StEt• ot COloCadO� �1 �, c a �,? 1 � t � �� ' � EXCEPTING TNEREFR0H s parc�l o[ land conwy�d to Walt�r e. Dani�l• by ,�'�''� � f' �� 4 ,�r � ,� �� dud ncord�d Aprll 17, 1914 in Book 792 at Paq� 500, b�inq mor• V. n � �3f' F'�- i articularly ducrib�d as tollovr. �, P u r � r *v� +"�`y � All that parc�l ol land lylnq East ot th� County publie road ln th� S1/2 � F�,:' ' �y � ol th� NW1/� ot said S�ction S, about 160 L��t at th� North �nd, 82 L�at a j�� `- ��'� at th• South •nd, and 90 rod■ in l�nqth. �+� i r a p'�{ .� � - � e {, �� T,,,::, � �� A�, �„: 4 � P1IRCEL 2: .. -�}�� . All th�t part o! Gh� N1/2 ot th� Mil/� of S�etion S, Tovnship 4 Nerth. , � Ranq� 66 W��t o! th� 6th P.M., County ot M�ld, Stal� ot Colorado, lyi..g �� :,. , , on th� W�at�rly sid� ot th� public highvay runninq Nortd and South ihouqd th� Ease�rly portion ot said land, aor� or l�u. y�°r�y Th� c�nt�r lin� ot iaid public hiqhvay bpins on t!u Nozlh lin� o! said 4 ,' abov� d��crib�d tMl/4 at a point �3S i��t w�si o! th� NorLA�ast wrn�r f th�r�ot, and runs th�nc� in a south�rly coura� lnt�r��ctinq th� south lin� of �ald N1/3 of said Nill/4 at a polnt iS0 t��t W�at of tha South�ast !� corn�r th�r�ol. ' `� �. ` � �4:a�� .,, PAACEI. J: I '�. e Th� 9L1/� o! 9�otion 71, Tovn�hip S Nosth, Aanq� 66 M�st o! th� 6LII P.N., �� - County ot W�ld, Stat� ot Colorado. ` aµtd p��'.+�); � _s��i�; PJIRCEL �: ' '�t'�`��; :� ,�_,{ A parc�l o[ land 1yinq in S�ction ]_, TovnsAip S Noets, Nang� 6i M�st of � �_ p� 3. � , th� 6th P.M., County ot fi�ld, Stat� of ColoradO, �i ' e�qinninq at eh� Southv��t corn�r ot s�ction ]7= th�nc� North •9 d�qe�� 00 ■inut�� Gst !13 [��t to a poi�! on th� South lin� of s�ction 7]i , ; th�11C� Norih 7= d�pr�� JS ■inut�� vut 7�7 t��tt o th�na� North 2• d�yr�p 1S sinutu A�st �97 lut; � ,,, �� , � � th�nc� South 6� d�qa•us ♦S minut�s R�st 81 t��t; r i` �,� th�ne• South 11 d�qz��■ ]S minut�• East it0 f��t; � � thanc� South 1� d�qr�u S0 minut�s R�at 97 lut; � t' � . th�nc• Norih �J daqr��s 17 minut�s W�st S72 fut to a point on Lh� v�st � � ; ,� r•�.� ,� ;; lin� ot S�ction J3; �p�� "��, ., '��- th�nu South 1 dagr�• 00 minutu N�st 9J2 f��i to th� point of Mqinninq �y� ' ° �' �e tc.'�P`,.: 'r �,��F :I ��,�j,�y:.: ,,,�+ r ils�Td'i . "�" �' �',Fs "} j g� � � J�s � p F. C�; �`k"> a�+4'��tti . ba � otl�}'1 S� � �� a �4 r < "t � � �,s .�" r x .' � 's:..yx rzh k�, �'T�, t _'4 . .n!'a . ��9 N .:'„ f S}� � x} � ,"�!.s . nt � 'o- _ s . .. . IAlIJ41M111.O4Mr V�v�No . . t ..r.. �. . ... v.. ,. .:�. .. 1 f"'fi��,s ,o-.� µ�t°a€5� ilf'k A ! qtr ''y 11144.0"c r 1. A 1ku 4 •i 1 Y{1Ft ' fi t ((pp 1 +83 REC 02333210 05/17/93 16:42 .15.00 15/015 w9 ,q ,IT°F)2 S F 0833 NARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CORt. E:OiIHIT F MINERAL RESF.RV,.'.ION ...REA v r I.1I� " i "ON: ,t .; � :04.i n St � A: ? ,1 , U , °A sas Ucii,,,, THAT PORT0N OF SUFFER PARCEL LOCATED IN THE SOUMNEST ONE—WARRN Of THE 144 s w '''I' $ ;t,.$1 t SOUTHWEST ONE—OUARTEA OF SECTION 32. TOMISWP 5 NORM. RANGE M WEST or THE 6TH •+ r j =•fl I D,1. P.M., COUNTY OF C.D. STATE Of COLORADO, MORE PMTCULAALY DESCRMED AS FOLLOWS: )(101i , I r ,' I Fwl CO ITIONG AT THE NORTHWEST CORNER OF SAID SOUTHWEST ONE—OUMTE11 OF SECTION 32; ,� 4119• 'f I s...I C' , 1 ,; THENCE SOWN O71'2r NEST, ALONG THE WEST LINE OF SAID SOIIH*ST ONE—WMTDR, A OISTMCE OF 1131.72 FEET TO A POINT ON THE SOUTHWESTERLY UNE Of THAT PARCEL Of LAND OCSCIUBED IN BOCK 1014, RECEPTION NO. 02044402 IN TIC RECORDS Of SAD L"s(t°"'' c °s E HELD COUNTY: ALSO BONG THE NORTHEASTERLY UNE Of A PARCEL OF LAND OCSC IGED U w SOCK 1220. RECEPTION NO. 02167034 NI THE RECORDS OF SAD NC COUNTY, KING THE x , ;, 4pt ,h,Y*' iO, 4, r TRUE POSIT of KCWNINO; THQUCE ALONG SAID SOUTHWESTEMY LYRIC. THE idJDWING (6) y 1 N�, r ! i COURSES t '° Jr �,q I . SOUTH 4376'21' EAST. A DISTANCE Of 591.14 FEET; y u $I4&. L' OR 1$ 2. NM 1311E44' EAST. A DISTANCE OF 97.00 FEET: "5.y t.,.., ,, , , 3,. NORTH 11'44'30' *3T, A DISTANCE Of 140.00 FEET; 1F e L 'r w , )i 4. NORM 6171'42' EAST. A DISTANCE OF 51.00 FEET: ,x tL`y, ' ) +r r. $ 1+1 5 . SOUTH 24'35'27' CAST. A DISTANCE OF 497.00 FEET: ' or{ f 6U. SOUTH 22'44'23' UST, A DISTANCE OF 335.13 FEET TO A POINT ON 11Q I ' "t i,1 UNE Of SAD SOUTHNST ORE-WARIER OF SECTION 35. 11ea SOUTH 5t5E03' -('L 1 ''.14 h r L. �, r".:. x NEST ALONG SAD SWAN LING A DISTANCE OF J2t00 FEET: THENCE ALAN TIC p0M+t i+ ��:•y ;,i'` , +� ' FOLLO66NO (3) COURSES, THE IDIOM SONG MCRINENI[D WITH A NO. 5 OA Elf AN 1 ALUMNUS CAP STAMPED LS. 16472; -_ ,1�1 dF My 1 . NORM MOJ'1!' CT, A DISTANCE OF 190.11 FEET: I r F "'' `. 2�. NORM 41'3t13' AST, A DISTANCE OF 234.03 PEET: 1. *5.r " %„ µr 3. NORTH 4071'43 C5. A DISTANCE Of 211,64 FEET: �4i E,L t: z` • My, THENCE NORM 30'40'31' NUT, A DISTANCE Of 124.44 FEET. TO A POINT ON TIC 1 I t 'y q'• *5? 114 OF DC SOUIHRCST 0110-WAWCD Of THE %Ufl ? OIIC-11 S Of IMP "ift' 5.F x 'y` is ACTON 32: THD10E NORM O Nne CATT ALONG SAD AST UNC, A ORTARCa O/ , d 4 i -, , 255.35 PELT TO THE TRUE POST Of KOIMBWG. "T"`' ^"y . ,,l, is 1St.4 ; It h5ari. ,�I. k 4 it, �P 4 i)' i S L �a< •�' Ik ,4g).1{.. '4 . S^v sg1'a';)Y..* ' d . t A I4, I kA 4,4,141.,'f,S ,'f, ,Y dEW I. . *1 ,. w . ii, j 5. r r4 9 j` p� e r ti rrr1 " "'4tkFt`;' a `a. , 1 tt. da 4p� 1 #-„•!...1y " y N-1=1,::/•:-",c7='M10, xI1 r it • 15.^ `6`)' q ql. 1b , "+A°Yf*,ant 1 z t 1 ::41 ,,Tt 11 err' ' 0. a ( ''',,-.4.;')J•-:? ;I.. I 471, .p, 9 +` • sA I k Y SN € ,fir. Y 4 tiL lk zF CA, tr.',." " + ® w4 as ,) 4fiax 3 ..., '51±-t'''' ` ' x y ttt t pl, &x' , ri A 1383 RFC 02333211 05/17/93 16:43 $15.00 1/003 �,,... nt,' I I "" t F 0834 MAP? ANN FEUERSTEIN CLERK L RhCORDER WELD CO, CO '4. :, - QUIT CLAIM DEED d' ryN ' i .41q1 z ) THIS DEED, Made this /� — day of May, 1993, between ELLA MARIE X71°# '1 SPOMER, also known as ELLA MARIE HAYES, and SUSANNE SPOMER, also ' 4",-. s known as SUSANNE STEPHENS, also known as SUSANNE STEPHNES, of the I a�^ rft" ''M ` k{: County of Weld and State of Colorado, together as grantor, and y. ,l , N-. WASTE MANAGEMENT DISPOSAL SERVICES OF COLORADO, INC. , a Colorado it la,; r '{ C . corporation, whose legal address is 5660 Greenwood Plaza Bouletard, ar* ,i' y 'F 44,"4"- > Suite 400, Englewood, Colorado 80111, Attention: Division �t Cs+ ' President and General Manager, and Associate Region Counsel, of the ^ " ,Ii, `emu; County of Arapahoe and State of Colorado, grantee,P k j � (' r , � �+ � 44 �. WITNESSETH, That the grantor, for good and variable '.- ° 1`i, consideration, the receipt and sufficiency of which is hereby ' + 14`. „ `�` i '" acknowledged, has remised, released, sold and QUIT CLAIMED , and by 3 ', , r '¢t,E a^, these presents does remise, release, sell and QUIT CLAIM unto the I- �"I Ait '; grantee, its heirs, successors and assigns forever, all the right, sax , ?•. -4°.; u title, interest, claim and demand which the grantor has in and to "" +"- ix "` •4.,, the real property, together with improvements, if any, situate, .:40w lying and being in the County of Weld and State of Colorado, � ' ' h. {) described as the Southwest one-quarter of Section 32, Township 5 , � 1 r",..- p,, : North, Range 66 West of the 6th P. M. , excluding (i) the portion s+ thereof within the property described on Exhibit A attached hereto and incorporated herein by this reference, and (ii) the grantor's lr' "Royalty Reservation" related to the "Mineral Reservation Area' as .:c,..` .44, established under the Special Warranty Deed made of even date A•1•••'; ^"}. J a, ' herewith between grantor and grantee and recorded immediately prior �r ,. . to this instrument. The legal description in Exhibit A hereto has , h ,., m been created by Montgomery-Phillips, Inc., 7550 W. Yale Avenue, F f ' yM»! Suite 110, Denver, Colorado 80222. 1 '9" t,, SPX ( 1.4**4.-Alc TO HAVE AND TO HOLD the same, together with all and singular $"1, ." "� Mr l'2, a the appurtenances and privileges thereunto belonging or in anywise q t - + thereunto appertaining, and all the estate, right, title, interest c � ti w7 and claim whatsoever, of the grantor, either in law or equity, to r " �s , �„ the only proper use, benefit and behoof of the grantee, its heirs, ""NO 1,�iA'i! .4r� 11,, successors and assigns forever. 1`�, ,`a ,;',2„,,,., The singular number shall include the plural, the plural the 'I>'r N r:'''' 1 singular, and the use of any gender shall be applicable to all • $ "`'�' 1 genders. ,µ' '" IN WITNESS WHEREOF, the grantor has executed this deed on the ti t date set forth above. 7,74.44.e: rv" '^� e G��''''� e 4 Z �r; ELLA MARIE SEWER, also kn as ELLA �,••••,„4"T'`', t, r.#t .rya' MARIE HAYES "�" u, tt "N} " �' ^� ' SUSAANNE 3POMER,, also known as SUSANNE �� 9 1 s' STEPHENS, also known as SUSANNE tM ";,1..4f I STEPHNES "i. ti...--- w, . M1r '11'4 ,6 «M 0, 4 14 Mill Ia tl,I Im III n 940120 Siiikaa- " e� fa t ri 4v �' w ' iVrp . 4„ i. vlCl s s.on _ oc3 F 3 > f A 4,FCC:"'LR WELD CC', ('O i` , OR. u ny •` , - tiRitt was acknowledged before me this 44 2' ___. 3 by .LI.A MARIE SPOMER, also known ' �( e n,� �� 0. 4 a x se _ , . . i k5 "i 'i ' ,C ' � �+ tn,•se n 3::d a i --fficial seal. { IiVieaIrt;t , 1" liAlit.�4 / �'( t.‘ My CCM:56 �n exp es adorer 23, 1993 _ l',6'4,L'.:4 tt, 1551 r atitP l q,',.,,-.44 o` R ,.- N� ablic ' F'.F '; /It' s4 �- P 4 t�'55t yyyy 1 ; Af �q 1 y STATE OF COLORADO e zilIiii* .f (, �' ° COUNTY OF Weld _ ` r' The foregoing instrument was acknowledged before me this fri � ' 1rY3` a e x r.� 12th day of May , 1993 by SUSANNE SPOOR, also known as �a o ""`"�( SUSANNE STEPHENS, also known as SUSANNE STEPHNES. n, .. � , ¢�� h 1rtJ�,l � Witness my hand and official real. l,^�ys 3x } 4 � a S�" ., %` A...., r My canmieeion explreer October 13, 1993 -.� S "46,1: t� $ I f.- '\P U 0�-1` � - Nota / •eislic `C?R P I� ;25514,1 ,I n, t' 'r < # •'fie 'o � ',, a .? ,!f..It.''',,}t I. C 1F , 'mow d±gy'i N`Rd Iii,'. 4,(H#A JJ,y 'Iµt.'1� Fig filit1s ir1j I; xd ad; t-7 }re � I, i.ix'''t(41;:if L� n r�� " 5 y n,rlu I'll..'711,141t t} 4?' j4 , "� ' r • tr»�IP �'�� a ,. ) g ri -t'y AFA•etf 14 1+* ,)i', I74 r 1450,5 5.2r4,54-t I k I DIM I Mil-WII IM x.)I,a jl Y'I� I Liib4 ail „'k 2� r � r ,rsA° v aW, :�” �Ft ai a' 9",, tv i i . .11 Y 9t k u+M'°e�4.t, p 14 r by€4 tt P w': ,t $fir yk"i't 313. dx 1 ,a.i; •iii I� $ 5 �x� .ri r7." ` :.'.C �� ib r �y'V nn1�& EGG � » q,� � � d. ., � . L z� 5" A � � 3R 1��"44°u n, � "✓•t i ��".' 'Y ,. ��4&,uf T. is ,Ne Po w. ,lYm, � !us L .«. d at: .OI l:'$. ,,,....'41.4.1 w5 _ 4 3 a, k Its !�0 0i v ,l` " sI Dn doh '• 3. ,j WES +.1 .,I.: TC I , ' lilt rt �C. E UR' r 3 t Y'rz+'„ 1 6 C I -{ t .'� 5 '1 ... �I W { • --A t4•Th•.i I )8 k� I r „r. t .r�S V fal UTN}r I r7 .. II . 3TAI E CF oe° riFN� AeN i2. uWINt. c..R " A "Y }v4 , %!N ,d, NJMC .'MEN ED R:' A tr Hs.RUt A, M Y N c.t :AMY-_ w.8 ,'2 'I:I p ;u 7H 3i '4J 1 ns i STANCE f 4 s F 5� ' ,' '' a , ::.N 3. tit F 5 AN( E A I �i! { I #x Lll T. 79 EAST. F IS ANCE JF 34 03 F c . C�7.t c;*".".:.t. a. ' A.,^N 4i ')3 ` t A kMcE J' 8Y JS F..r. rs� ,7,$9 Y , L.H 1 '06 ,Y EAST. A I STANCE 3} a 43 Fir piil: ', qA s, ,J' ri.1`4y�cy�, d 'H 1.;"31'01" EAS.. A :ISTANCE J} 44 4"t F .E ; Pf) ,1 Y i 4 ,y i° „Arm 1 I' 37 49 EAST. A DISTANCE OF Ai.05 FEE `; Degei t I. , 4714 34 55 6 EAST, A DISTANCE OF 77.05 FEET; p.. 11 r. 3+ y ;••y �n t :W)U'CH 4:°!7 41 EAST. F. DISTANCE OF 205.17 FEET; i ,� 4v ' r1i ;'1 1.CTH 45°27'23" EAST, A DISTANCE OF 463.71 FEE:'; II #tY 11.1 n � �n �� .. ,AJurit 29^.5'55" EAST, A DISTANCE OF 153.92 FEET; :OH IY 1. :0:17"4 29'36'06" EAST, A DISTANCE OF 149.14 FEES.; I. t'ATltH 28'59 15" EAST, A DISTANCE OF 105.24 Fa-T; ",� a II et axYJ` ENF A SOUTH 57'51'07" WEST,2F ADISVEN OF 347.83 FEET;57' THENCE SA H 61'58'55" � iT 'JEST, A O.ST\NCE OF 658.42 FEET; THENCE SOUTH 72'57.34' WENT, A DISTANCE OF ry Y@yi. 243.35 FEET. MORE OR LESS, TO A POINT ON THE WEST LINE OF SAID NOH'IHMEST QUARTER r OF SECTION 5; 'THENCE NORTHERLY ALONG SAID WEST LINE, A DISTANCE OF 1845.94 FEET, �I 1(41 �» MORE OR LESS. TO THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER OF SECTION 5; t w THENCE SOUTH 88'51'03" WEST ALONG THE SOUTH LINE, OF SAID SOUTHWEST QUARTER OF s SECTION 32, A DISTANCE OF 245.07 FEET TO THE POINT OF BEGINNING, CONTAINING 30.63 0`;10'��.y �rt. <". , ACRES. MORE .)R LESS. 9 s�ii g,*a �X iJ5„ h1.,.t *L': L�Ih i4 ! , , icy" 'x y '. Sli i Il' r•4? y; r1 j4 }f� xM ' tk �156'x4'W7 �t t t , trt ',,,,,....:1, ..,;,decv i vyc.gti,.,, ....,vA,3,, Ir d _ ait-t F , �KML { %.(g Fr 4%.* ••f02.ffo` P i, -' d tz i'll i� ..' ,. 'r,se fa t F wr.d r t. u nnF..w.a...w.Yu_ 'wnu,.:ter-II-tom. I +L-'Fu. ai. Y 3°AS f �y�d . Al^ �..�.. . '^,� ys ,Rhp' i '5.I ATE I,C'UNIENTARY FEE +° '' (Itte .'—_./ -) 'i • $ O i o its 1I'. .. Slay, i3, bE tween ?x nG' _� RC - c I 3£ , 5 orado (with ''<'_ of - 1 o ] ( tb t;.111.-.--n, Colorado he , . ( - Litt,' .._:iPOSAL SERVICES OF `��. " ‘ Ip ,_ .. ....it I -.1 address if 5660 R _az I.: ..110W301, Colorado 80111, �rt ti } Da ,l ma aier, and Asscciate a3g"f ge- �' • +, : 3e1 ,� f ^ S.ae of Colorado, asr ' k r wed i kggigi 1 r A fi '1.. .!',60, '. TN '_SE ,o r - , an o for good and valuable 'SAW! ,tlib'a°f r' • x .ya d _.rt cn _h< x¢ -( ' a r t l aney of which is hereby 21N,, aJ 1. tY8 r,,,Ae 'a %!, , i T d has c am ed L rga-: d, sold and conveyed, and by 46 c t. 2 y,'. - r I:results does 3 a-i+ ctotaft1, sell, convey and confirm, unto r y - 1 nfe - _s s : eSFOtS and assigns forever, all the real ` 'Zv 4:T(14'y . pr per_r, together with all improvements and all irrigation "* '4,, 4-" I'; 14 40 0**,::::. .' E Lel oes and other lu14me t, machinery, apparatus and fixtures ,F ' + �r, Y located thereon, situate, lying and being in the County of Weld and .tot ��., State o Colorado, winch Is legally described on Exhibit A attached a" ,i ti !( a r^r._h�` 'asset ; and incorporated herein by this reference; 1 ''',04 aE ,w ,f4h i? e TOGETHER with all and singular the hereditamente and ki `Y, ;w ^'�'^. .5 appurtenances thereto belonging, }, g g, cr in anywise appertaining, and �'5 �y{ the reversion and reversions, remainder and remainders, rents, ai' VI.t ' "" S ( issues and profits thereof, and all the estate, right, title, t;: `l (CO >' interest, claim and demand whatsoever of the Grantor, either in law xr e :-4:71:-. t, or equity, of, in and to the above bargained premises, with the ,!' e f ( �" :. Y, § he reditamente and appurtenances; SUBJECT, HOWEVER, to those 4 1 !, reservations in favor of Grantor under paragraphs 1 and 2 below ,$ '�'' (all said real property and property interests conveyed hereunder :a „�y +yr being sometimes referred to hereinafter collectively as the 14 a 4* 11k¢� n,a 'Property") ; r:t!-'4.41)* f�" ` TO HAVE AND TO HOLD the said premises above bargained and . tt rJ A described, with the appurtenances, unto the Grantee, its successors ;; s i and assigns forever. The Grantor, for himself, his heirs, and ,l �Yd{u` Sa ° 401p1;30'.., personal representatives, does covenant, grant, bargain and agree ` Fr a5 to and with the Grantee, its successors and assigns, that at the af,,gtil, 6 0 -•' F` , . time of the ensealing and delivery of these presents, Grantor is i,4„.„,_: *,,:.'ii 'ti- well seized of the premises above conveyed, has good, sure, frp A r ,' + - perfect, absolute and indefeasible estate of inheritance, in law e, , 3 � i. l,Py , ^ a a in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as ' s °410h 1., u aforesaid, and that the same are free and clear from all former and • other grants, bargains, sales, liens, taxes, assessments, r- « ' � ' encumbrances, easements, covenants, restrictions and any other ti y -≥ 11 _ matters affecting title of whatever kind or nature soever, ` 4k4. - excepting only those matters set forth on Exhibit B attached hereto !6 a w_ . I r R�jtn. and incorporated herein by this reference. IYYioci ' 5..F r, �r,,,n I mkt r:', The Grantor shall and will WARRANT AND FOREVER DEFEND the A, �'" ''' above-bargain premises in the quiet and peaceable possession of the '* '..J Grantee, its eucceseore and assigns, against all and every personw � ern"a ' r ,, i,1or persons lawful claiming the whole or any part thereof. s `r3q a '`° ' The singular number shall include the plural, the plural ';'^�4 r' kti the singular, and the use of any gender shall be applicable to all a sry g ^F`4r ak' `i' {, *. q genders. i, VF;..:';: -1. ,a. In consideration of the grant and conveyance made " hereunder, and in further consideration of the mutual covenants and agreements hereinafter set forth, Grantor and Grantee covenant and agree as follows, r` ”. . 1. Mineral R1ghL . The Property, as conveyed hereunder to Grantee, does and shall include, and Grantee is hereby vested I -'t with, all oil, gas, coal and other minerals, and all rights and interests therein, which are appurtenant to that real property described on Exhibit A hereto, and rents, royalties or income r 910.1.20 xx R" _... . raw-m11Hil.-.- MIREIMPIONINIPSO F ^rry , •'h4 o',los' )t .k, ' '1 h wt iish^, '1i.i' ''',7,,,' w{P 13egti. tSai. .," ..-;.a „ . + ;3 = h 4.[ I 1 .H3 bC 0 ,33215 05/ 1 //93 16:46 $50 00 2/010 ge y 1 0U 1V ANN FESIES4EiN CL.EHK & RECORDF ELD CO, CO ,f 'r i v theistrOH, provide,[, 'however, that Grantor shall retain and T. ui-'sqr'' hereby reserves unto himself, his heirs and assigns, all rights to � u•Ceive rents, royalties or other income from the oil and gas , leases referenced as excepcion nos_ 5 and 6 on Exhibit 13 hereto. cite mineral rights and interests granted hereunder to Grantee do and shall encompass and include, without limitation, all "Executive Rights", i.e. , all rights to conduct and control exploration or 5 - production operations for minerals in connection with the Property, , whether in the nature of surface or subsurface operations. Such ,f,:,; Executive Rights vested in Grantee include, without limitation, all ' � I ,-- ,'q obligations of the lessee(s) arising under or in connection with il + -'-41r4.;:c s. .' the above-referenced oil and gas leases to maintain, restore. care 11r ,'. ,;',4,"-'14 = m c. for, preserve or protect the Property, or any other rights the v -&, n )i *+� lessor may have thereunder related to the surface of the Property, and those obligations and rights in favor of the lessor are hereby <a 4' iINP , ,41c..,1,4 z+!i granted, conveyed, sold and assigned from Grantor to Grantee "7 q= :E (provided that the foregoing shall not convey any of the lessor's " . °5a 'r. " obligations to Grantee) . Furthermore, Grantor represents to ,:1=1: H r Grantee that such rights and obligations in favor of the lessor are s� '-.,->R1 �. free and clear of any prior or other transfers, assignments, k'�fP` '',,:>; t^ conveyances or encumbrances of any nature. The foregoing 4 c � reservation of rents, royalties and income in favor of G:-antor *m° `��l'' '' shall apply only to those pre-existing oil and gas leases r, '770 ',!'. 's�. r , I • referenced above, and given that the Grantee is vested with all . q '41.); ').".14:31-44.4a Executive Rights, that reservation is and shall be limited in all P yly np �, " respects to the passive right to receive such rents, royalties and =';:=:::::::,t, n ;E ,r tIKEt; income, with no rights of production or exploration in favor of r !. Grantor. F iY H`4+ Ix 4 2. Water Rights. rR 1/ i (a) The right, title and interest of Grantor >;y( ''' 11“, conveyed to Grantee hereunder do and shall include all of Grantor's ,l right, title and interest in and to all non-tributary water and 9I '' fit•' ;,, ,p.: . rights thereto, whether adjudicated or unadjudicated, or y)4 �. ( Ei b „3n�rr""; ,• conditional or unconditional, or appropriated or unappropriated, [ E stair. S amp , which are appurtenant to or associated with the Property (and including, without limitation, any outstanding well permits or ul �, ; .r . -• 44 "H-45V f. other evidences of those water rights) . All other water rights ' t-� ,j, I appurtenant to the Property, whether tributary or non-tributary, 9 �li VI x ' " shall be retained by Grantor; provided, however, that Grantor x f ..,. k*" Athict,R hereby expressly relinquishes and conveys to Grantee any and all ` ' - ,, ,' e c ' rights to come upon or go under the surface of the Property for `r� "1' 15i *`. purposes of extracting, using or enjoying the Grantor's retained water and water rights (subject only to Grantor's reserved easement 6yR�, r �.,{(( ti —e .,....,4..• ' rights pursuant to subparagraphs 3(a) and 3(b) below) . 'z 91 140[4 ii k!..; dT."r4,<r ±�'' (b) Grantor, for himself and his heirs and assigns, `" ' ,;" > Ir ?` 13 . represents to Grantee that as of the date of this Deed, there are .4i h i, lof '4 ,," " outstanding well permits, shares of stock, or other t evidences : 1 r, , ,� the non-tributary water rights conveyed to Grantee hereunder. In t�(" I, i "k' k'•-.'' the event Grantor breaches this representation, then without limitation on the other remedies available to Grantee for such �' ' '`'' 3 " �.. breach, Grantor at Grantor's sole cost and expense shall provide .4et... s r. such documentation and take such action as Grantee may require in i,,,,4 ;-, 1, order to convey and vest in Grantee the right, title and interest ,� gA, i under any such well permits or other evidences of those . � �rfiJ non- tributary water rights.g F.; i :1:11: , 3. Irr gation Easement. ,^ a `l `a nir (a) Grantor hereby reserves an easement and right g1r tvs (the "Irrigation Easement") to use the existing pond on the . -; ._ >t"*" . Property and the existing irrigation equipment and facilities a,., „ o f , presently located on the Property (which include inlet and outlet - ''j ditches, headgatee and flow control devices) solely for '( r,, wr.P 1. t agricultural irrigation operations. The general location of the pond on the Property is described on the survey referenced in ".,h , exception no. 15 on Exhibit B hereto. Grantor shall have the right to divert into the pond, for temporary storage, water derived or delivered from any lawful source, including tail water from the Greeley & Loveland ditch system; provided, however, that such only e theeexisting ditches nand to tirrigation he pond yfacilitiestand systems d t ugh now ,Y,Y.,II,r W„m I,)'p, -2- 940120 S.': `ri ` '" " u " a J, �eC 02333215 05/17/93 16:46 ;Sb.J0 3/010 y .,. �'�� ° '' ', F r _id: NARY ANN FEUERSTFIU CLERK $ RECORDER WELD CO, CO , 1,XI ,� �'� _d on the Property (or any replacements thereof that are 1; ! )'+: . . aged by Grantor in the same location) . The Irrigation Easement " ,au! be an easement appurtenant to the ownership of that certain ', . et r+ _ 1 property located south of the Property that ie presently owned '°�'> rancor and that is legally described on Exhibit C attached r,' t -lido and incorporated herein by this reference ("Grantor's '''`'" '�ry . _operty") . All of Grantor's obligations hereunder pertaining to �, ' ..ne Irrigation Easement shall be binding upon Grantor and his ' ' f,- ._ccessors in interest to Grantor's Property. v ,t,:f. ail iyi �t,� (b) The Irrigation Easement shall include the '. . . ��t attendant rights of access to the pond and irrigation syste_ns as „„ )�i !„✓' 4 necessary to use, repair and maintain the same; provided, however, r , 11i,p, ' ;na&.G, } that in any event any such use, maintenance or repairs shall not + rt^, + „. materially interfere with Grantee's use and enjoyment of the `" �. £ Property. Grantor shall be solely obligated for such maintenance §t and repairs, and Grantee shall have no obligation therefor. z IN.q.i Subjuct to the provisions of subparagraph 4(a) below, Grantor shall e "f 4ti ' ''I ; H' defend and indemnify Grantee from and against any liability, loss, I3,fr: claim, damage, cost or expense, including attorneys' fees, that Grantee may incur in connection with Grantor's enjoyment of the , ?i.� Irrigation Easement (including, without limitation, any mechanic's is . 1..0' ` . .��.; lien claims against the Property, or any third party claims that `�E+ Grantor has converted or misappropriated water or water rights in )t " favor of the claimants, or that the water derived from the pond or .,V I ken "r"f ' 4 ) irrigation system has become contaminated by any toxic or hazardous /S141401,+ � s .°' I waste, substance or material as a result of any cause other than Nfi pi Grantee's off-site landfill or other operations) . 1 ), t § M V� did (c) Grantor shall maintain general commercial i. ,&_ liability insurance, with a single occurrence limit of not less y t �j than $500,000, which affords protection against all of Grantor's '' `5r .o 't`v .! conduct and activities in connection with the Irrigation Basement, � W ' „n,•a which names Grantee as an additional insured, which provides that '4'.4,f t Y the coverage therein may not be terminated or materially modified + ,* Al it '4 ° without 30 days' prior written notice to Grantee, and which " 'fix+', includes a contractual liability endorsement for Grantor's a„'d obligations hereunder. Upon the making of this Deed, Grantor shall `. ,,�«;,4 provide Grantee with such certificates evidencing the required i 'F"'` s „' : , .j :ti coverage and copies of the policy as Grantee may require, and at sal " least ten (10) days prior to any expiration of such coverage, ,r , e'a;' Grantor shall provide Grantee with adequate evidence of the renewal ) , �. * thereof, with premiums paid. Grantee shall have no obligation or ) 4 liability to assure that any given volume or quantity of water or11 , , .aMyk water rights can be extracted from said pond. Prior to commencing , err a '` any work on the Property pursuant to the Irrigation Basement, '',./4.47:17.7.3,,,,,41, wi ' Grantor shall give Grantee at least five (5) business days' prior , w)0(. F notice thereof, and at Grantee's election, Grantor shall post or provide such notices as Grantee may require to prevent any a 'I TM resulting mechanic's lien claims against the Property. S ,x.l ;,i .„ (d) Grantor acknowledges and agrees that its rights i,,. ''0 to use and enjoy the existing pond, ditches and irrigation systems, #�,� , and any related waterways, appurtenances or facilities within the .• +`� _ ;I Property shall be limited in all respects to the Irrigation " s, Easement granted hereunder and shall be governed exclusively by the provisions hereof pertaining to the Irrigation Easement; any other f+ tt'�l i si easements or rights to use any of the same, whether implicit or ' .saa�Yca':'* tp" otherwise, are hereby terminated, waived and released by Grantor and conveyed to Grantee. Grantor represents to Grantee that no yF3 third parties have any easements or rights of way of any nature, _a whether appurtenant or in gross, to make use of or derive benefits , 4,,� '°` •;?! from such ponds, ditches, systems, waterways, appurtenances or "` rim+ ;[j facilities. -;.'h 'f " 4. environmental trnderrakinga. ^x$' " ,, (a) Grantee shall not cause or suffer the existing i pond or irrigation systems on the Property to become contaminated with any hazardous or toxic waste, substance or material as a result of any landfill (i.e., waste disposal) or similar disposal i.:. operations conducted by Grantee off the Property. In the event ]A ��llg �jr—'t � .. - the„ V.1101111/01341,. 940A.2`7 -1 3• �, d . ..__ awe 1 , as„ ,I. ,i` ` ' i''- sit a' >W. ffiig i w -i M... ,n," �` p ' -, Fr " � � f 1383 REr 2333215 05/17/93 16:46 $50.00 4/010 >r tk; ;',3 t'..,( ;t < fir z'n F 086] MARY ANN FEUERSTEIN CI�,�R.R & RECORDER WELD CO, Co Grantee ever breaches this obligation, and as a result thereof any Iii claim is asserted against Grantor, or Grantor suffers any liability or loss in connection therewith, then Grantee shall indemnify It Grantor against any such claim, liability or loss; provided, 9ie` «w ° however, that Grantee shall have a first right to defend and Is` „ . satisfy any such claim covered by the foregoing indemnity, and so aegs'( i :F long as Grantee pursues the defense and/or settlement of any such ? • ,y , siA'. f tt- claim by the exercise of ongoing due diligence, as determined by ~r" ;w, Grantee in its reasonable discretion, then Grantor shall not make ` 1 .. t+.C • I .,. q any payment or furnish any consideration in order to satisfy any 3' "w 0K "i' such claim. Grantee shall have the sole right to remedy any such : . +. ') ,. , .:.� 7 contamination so caused by Grantee, and Grantor shall take such „ . actions as may be necessary or appropriate to mitigate his 4-40'0 - liabilities and losses (including, without limitation, the #",(4 GIN'. ! w discontinuation of the use of the pond and irrigation system so u � long as the same are so contaminated) . Furthermore, in the event ° `" ` that Grantor ever wishes to assert any claim under the foregoing tr' indemnity, Grantor shall bear the burden of proving that the given '', ,0 7,. contamination affecting the pond and/or irrigation system has been °p ` " i ' `�!'. .iA caused by the off-site landfill and related operations of Grantor. r 2 ' 1. ° ' In the event any claim, liability or loss which may be covered by 01 '1x ,44 the foregoing indemnity ever arises, Grantor, upon becoming aware i' 'r�i` y,px ! of the same, shall give Grantee prompt written notice thereof .:, arj describing the same in reasonable detail, and in any event such notice must be given before such time as the lack of notice to 4r , #' , f.y r [ ' 7.. Grantee may prejudice or impair Grantee's ability to undertake a k.y,, ' "." successful defense and/or favorable settlement of any such claim, ,A > liability or loss, or to undertake a cost-effective remediation of ,f ' any such contamination. "k4 h... I I . 5 (b) In consideration Grantee's undertakings under ' 4 � ,. t� 9 subparagraph 4(a) above, Grantor, for himself and his heirs and successors in interest, in turn shall indemnify Grantee against any . s 4 '`'4� claims, liabilities or losses which may arise in relation to any ,g'1 �,'' hazardous or toxic waste, substance or material which is present u � upon or under the Property as of the date of this Deed, and the '{ ab presence of which has arisen because of any circumstance or reason 1 r if ISM.:3- w ,,, other than Grantee's off-site landfill and related operations. In k, . . 9. ' �� + this regard Grantor shall have a prior right to defend, and Grantee �.«r# c+a� , ""'? ' w' shall have an obligation to give Grantor notice of the given claim, pw „ it a t+. .,,,,4"144 liability or loss, which are comparable to those set forth in fztt r4,5'1)104 a,. , subparagraph 4(a) above. Furthermore, Grantor represents to , ' Grantee that during the term of Grantor's ownership of the r� ' cry % ' �'.`.-' erg Property, the Property has not betas the subject of any (ii, :Ill x contamination by any toxic or hazardous waste, substance or " ' k ' material which has arisen by, through or under the Grantor, and to , .* the best of Grantor's knowledge, the Property is not otherwise ' ^: x ;,i contaminated by any hazardous or toxic waste, substance or 4 material. Grantor specifically represents and warrants that there 11 yr i , . ;' are no underground storage tanks on the Property. All of the Ie r Agee, foregoing shall encompass, without limitation, the existing pond of *eel " and irrigation systems located on the Property and any water + *Ii-, derived derived therefrom. I . �Imr 5. Excavation operations• No Rerreatlfmal Use. .. .* A, �A '� t'' 0 : „4,4i. (a) The parties mutually acknowledge that Grantee ; i } r,, a.:� intends to excavate and extract soils from the Property for ys purposes of using the same in connection with landfill operations conducted by Grantee off the Property. Grantee agrees that in i, dam.+ l $,y, ,,�, tot connection with any such excavation activities, Grantee shall not ' _ .- iki, ( cause a collapse of any of the embankments of the pond on the , ea i. s fi Property or any destruction of or material interference with the I. ,. a , : .ti. existing irrigation facilities and systems located on the Property. � .. This covenant shall continue and remain force and effect so long as } ,-sip { 1 the Irrigation Easement remains in force and effect. s - ",�` 'VS'' 4i (b) Grantee agrees that ea long as the Srrtgatiea Easement remains in effect, Grantee does not have any recreational rights in connection with the pond on the Property. 1 iy )MY.,,frwIMI L„^ i ` 940120 y¢i 16 i#`s.nw AkY. 4i. t ° � n, i. �.9 � it,,,;;', ,�,. , , �' t 01 L.dFmri YY5 ' at i .� 'F ,..u..� • ,. .'' c c ox. :3 15 05/17/93 16:46 $50.00 5/010 ,. s ,'� )�'' )f, ( I"-. Si . . FEUERSTEIN CLERK 6 PECORDER WELD CO, CO ii 19§ o_!_andfill Operations. Grantee agrees, for itself ^• D ;S' I ,. '• ssors and assigns, that no landfill operations shall - ° ' :' �_ri by Grantee within the boundaries of the Property. +� , y - Qazinq Lease. As of the making of this Deed, {,t as the lessor, and Grantor, as the lessee, have made a Airt flit tl . I I r grazing purposes covering a portion of the Property, ; - > y LJase is made of even date herewith (the "Grazing Lease") . tkµ. _i indemnity and other obligations under subparagraph 4(b) .�,• x� r' u •. �.� -;i11 encompass and include [he term of the Grazing Lease, .�3tt ., ; ., , �mmerces as of the date hereof, and shall apply to any ;;' 4a , -, j x 1 ation of the leased portions of the Property that arises m �?; .' X _ ,g the term of the Grazing Lease. When so applied tc the r' tt,ng Lease, references in subparagraph 4(b) to the date of this SS', =_d, and the term of Grantor's ownership shall be construed to I , ;,;.. ' {_, o_ode the date that the Grazing Lease has terminated and Grantor u as vacated the leasehold, along with the term of such leasing and ccupancy by Grantor. 1 '':,,,i',.1.11 , ,j. 9. Covenants Running With The Land. The obligations of , , �;'•!;',,, ''''. .4 i.. - he Grantee under this Deed shall run with the land and shall be t , ,nding upon Grantee and its successors in interest to the , --operty; provided, however, that such obligations may only be ,±4;' 4'4 enforced by Grantor and only so long as the Irrigation Basement ; (` w '° remains in force and effect. Furthermore, and notwithstanding the ;4,440' � wly!, foregoing, any owner of the Property or any portion thereof shall MT4 ""i fib ' have liability for such obligations only to the extent that the [tic., .= n'r, same accrue during the ownership term of that owner, and upon any s Y ,. conveyance of the Property or any portion thereof, the transferee x ;w,,q;. $ receiving that conveyance shall be deemed to assume all such ICS obligations thereafter accruing with respect to the property soiu g �tf_ conveyed. 'w } 9. Environmental Testing. Grantee and its contractors, 19(r ' 'e-:4.4^r•a,.: employees and agents are hereby granted and shall have an easement +^ -w, +r•` and right of entry (coupled with an interest and irrevocable) upon } e `rv" * y: the Property from time to time to conduct such inspections, 9 • '..I,s " "1Ma,; investigations and testing as Grantee may deem necessary or appropriate to evaluate the environmental condition of and any „,^"min-ssae{,,, environmental factors affecting the Property. Such inspections, „• . °'t investigations and testing shall be at Grantee's sole cost and expense, and to the extent Grantee is subsequently divested of fee ,.a4',...,,. $ 9'7 4c4,P1' title to the Property or any portion thereof, Grantee shallh , ,',4s x,,;»yrr indemnify the successor owners against any mechanic's lien claims .4 «, '<+. against the pertinent portions of the Property that may result bK therefrom, Grantee's rights under this paragraph 9 shall be 0 w ",r,". independent of and shall not merge with the title to the Property 3,:;:,,W,,:+:7O,,,,* yI. t conveyed to Grantee hereunder, and Grantee reserves these rightss ' �.�i::: ,��., and may enforce the same against any subsequent owner of the ': ' 4 ,Property or any portion thereof. '4 ' 10. Notices. Any notice required or permitted under the x €'? ' ti terms of this Deed shall be in writing and shall be deemed given •r,."�a: and received (i) when hand delivered to the intended recipient; .-..filt �g'; 14 (ii) three (3) business days after the same is deposited in the ri", United states mails, with adequate postage pre-paid, and sent by , '. u•, a4+ s registered or certified mail, with return receipt requested; (iii) a3.�,, ,, psi. when received on the recipient's telecopy facilities accessed by the applicable telephone number set forth below; or (iv) one (1) �((' business day after the same is deposited with a reputable overnight `. x dc i- courier service which has a delivery area encompassing the address "' 'V ,,� of the intended recipient, with the delivery charges prepaid. Any 4 t, notice under clause (i) , (ii) or (iv) should be delivered or tip., , mailed, as the case may be, to the appropriate address as set forth • ; ,�, .t•.' previously in this Deed. Either party may change its address or ,. :'„es, telecopy number for notices pursuant to written notice to the other ,,.,. party given in accordance with the foregoing provisions. Written notice may be given on behalf of either party by its legal counsel. If the Property or Grantor's Property or any portion thereof is "It I.' ever sold or conveyed to a successor in interest, it shall be )- incumbent upon both the transferring party and the successor in i. ^. ,MY I„Y M,IIM II,gm 5' , Y,.,s,,.ii 940120 h I.3]3 RLC 02333215 05/17/93 16:46 $50..,U 6/010 14) L' o NARY ANN FEUF.P.Y1'EIN CLERK E. RECORDER WELD CO, CO '1*49` ..,]rest to give notice to the other owners hereunder of the .crtinent address change. The initial telephone numbers for telecopy notices are as . .._lows: s Grantee: (303) 770-8976 r { 9: Grantor: (303) 355-7504 (care of Grantor's counsel. 4'' 1 t'"1 Don J. Hoff, Esq.) : _ 11. Creation of rleaat Descriptions" The legal -: description attached hereto as Exhibit A has been created by w. Montgomery-Phillips, Inc., 7550 W. Yale Avenue, Suite 110, Denver, `,Ilx:aP Airs .I-,. v? Colorado 80222. -� - . '� , ,T - IN WITNESS WHEREOF, the Grantor and Grantee have made this Deed as of the date set forth above. t ^?` t, s ^1/4' - GRANTOR: u vi `C . tf,5 e THUR P. GARCIA ii fi+ •1 I GRANTEE: $ $.` " MANAG EMENT IG7 1P DISPOSAL 81LtVIC68 i ClL'A ) `' ' )r OF COLORADO, INC., a lorado �', $. (H) corporation IF 0s,nfukt , .. Title: ✓� + 4i' { vWY {■■��) y QCs ` 9 rP. ir STATE OF COLORADO ) ' Pt' a kit es. t,r c fit... COUNTY OF Weld ) fl1?"").? ` 3� El.k'.. 4 P,n ti P )n ,4i 'he foregoing instrument was acknowledged before me this X31 ( :i v, ` 12th day of May , 1993 , by ARTHUR P. GARCIA. ;d } 5 t>-. ill 'iur'VJ rv+ �K� - s r n My commission expires October 23 , 1993 - sj q ,.;' 4 " 01 A n .7:-.....,.., Witness my hand and official seal. q, , in � f.'7,1 , lba4. K 5 . - Not$tyblic �� 1 4401r fen--. Si,.,, ........ / p d Cnt nor A.... Y STATE OF COLORADO ) ''''': '^' Fr`k es. ,i ,•; COUNTY OF Weld ) 1 n 'VV. The foregoing instrument was acknowledged before me this l)„ 1 ,,,.;.y 12th day of May , 1991 by 'Ion auchhols t:^of, ae Do vision president of WASTE MANAGEMENT DISPOSAL SERVICES OP 14.4 COLORADO, INC., a Colorado corporation. lx,`, .� Y. My commission expires October 23 , 1993- , �, i . Witness my hand and official seal. � � P U r k-• C ' �at.q 1L�.o 1 'Gl -9. ril � l./-tta r Nota Pgblic 77 )MY.1,[1 OVI IT II, 6- I 946120 a .,•E.,I ..i:£da,Y. . . ��`.� .s1 aAL.m..x,m.d. :'.�4�saa` ac:� ? ,��bn:�.,"�' C�.��y� ,'"s:� �` 1 Ilrl N.(' 07331215 05/17/93 16:46 $50.00 7/010 1 I 0064 MARY ANN PIlfCIS'I'IJ N CLERK & RECORDER WELD CO, CO ' Y J:t • I I%IIIIIIT A ,I r V. of p e Gx I NT . fr � tc ll' A tract of land situated in the SW1/4 of the SE1/4 of Section 32, x `4 Township 5 North, Range 66 West of the 6th P.M., County of Weld, State of of 1,. `� } Colorado, and in Ii .^"+� ' t + e,{ ,«,,a s. The N7/2 of the N7/2 of Section 5, Township 4 North, Range 66 West of the II ' -I' *"''1 ;'; 6th P.M. , County of Weld, State of Colorado, more particularly described +, ' I ss, .1,y 4.3 I4' ': as follows: , g4gA Beginning at the Southwest corner of the SW1/4 of the SE1/4 of raid § „ g ( ";;;. Section 32; +s ' ,1 ° 1. ' thence North 88 degrees 51 minutes 20 seconds East, along the South line 1 "' �' 5 " ° of said SW1/4 of the SE1/4, a distance of 29.82 feet to the Easterly ,..°11.t11:5; .,+ µ1ra rigtst of way of the public highway described in Book 300, Page 473 (known �' as 77th Ave.) in the records of said Weld County; 1 tilt+`.,. ry r thence South 3 degrees 37 minutes 42 seconds East along said Easterly su. ; right of way, a distance of 631.34 feet to the Northerly line of a parcel 5, p x .;l of land described in Book 986 as Reception No. 1913826; I� thence South 48 degrees 06 minutes 35 seconds East, along said Northerly ' 11 ' I vs line, a distance of 29.55 foot; � I thence North 86 degrees 53 minutes 05 seconds East along said Northerly i, + 91,,. line, a distance of 152.71 feet to a point on the Northerly right of way Ih� a ro line of County Road 378; r ' " "a + , thence North 62 degrees 21 minutes 05 seconds East along said Northerly ''p ( right of way, a distance of 1446.82 feet to a point on the North line of PPP o, the NS/2 of said Section 5; p p0)p1" 1: �, _ `""� thence South B8 degrees 51 minutes 20 seconds West, along said North r , line, a distance of 211.12 feet to the Southeast corner of the SW1/4 of tllrl�hI the SE1/4 of said Section 32; . 0 ) thence North 0 degrees 12 minutes 02 seconds West, along the Zest line of 41:'I )I'r, 7... 3 . x • said SW1/4 of the SE1/4, a distance of 1300.65 feet to the Northeast f ft _fir,, 4 1 corner of the SW1/4 of the SE1/4 of said Section 32; "' •,,g440,iv thence South 88 degrees 52 minutes 43 seconds West, along the North line 15 Iil t4;01 ,4,, 5c.2.F ., : - of the said SW1/4 of the SE1/4, a distance of 1312.45 foot; , � ; x To thence South 0 degrees 05 minutes 13 seconds East, along the lest line of I -. ffit,2 m .4*.e4 '_ the said SW1/4 of the SE1/4, a distance of 1301.22 feet to the Point of !,LX01);)9 0,1. a1 .41.41,-&:,"4"4";-.: I Beginning. 5. 1NIA��"« , � 0,10 I l YYF, " .1,46-4444; t4 i jo N� s, L r , i,„,,. ,;, {�yl 01101" f Y r P1. ;� f.... LI I7 f Sfr,� t+'�NeyeyW I* 4w 0 I 940120 ¢ w. 4, F 13 .lEC 02333215 05/17/93 16:46 $ 00 8/010 e rr ki- rv9 ft' • F 086', NARY ANN FEULRSTEIN CLERK F. RECORDb.. WELD CO, CO '!F:, 4' ,! FW (ai EXHIBIT IS & '1 4.*. , i A �11 1. General real property taxes for 1993 and subsequent years not yet due :4 and payable. a� „' P' r .ya. n 1 !i ,yiY 5 $$ k r � 2. Rights of way for county roads 30 feet wide on each side of ��`3�r R` u section and township lines as established by Order of the Board of ,. , �, .lci+"`t'+tk, County Commissioners for Weld County, recorded October 14, 1889 in "`� ,,-. ' ,:.4- ' Book 86 at Page 273. r olt7 F.m 3. Reservations of (1) right of proprietor of any penetrating vein or ;4,;.',:,,,,,,i4,0.',.,,,,W1!!!> 1 lode to extract his ore; and (2) right of way for any ditches or �4 „ ,„,p.* C .: canals constructed by authority of United States, in U.S. ?atent "* ' ••u + M;'; recorded February 10, 1919 in Book 333 at Page 128. " 3" :' ., a (Affects Section 32) +°Ce °W ' At ; . ° ` 4. Reservations by the Union Pacific Railroad Company :, oil, ) I of (1) all 0 , . . coal and other minerals underlying subject property (2) the rp ... . ,1,- t a exclusive right to prospect for mine and remove oil, coal and RI*: (& ," tie,. other minerals, and (3) the righit of ingress and egress and ,x,k„'t fear ii '' regress to prospect for, mine and remove oil coal and other !',,,,,4,04,- 411,- , j 1 minerals, all as contained in Deed recorded April 24, 1909 in Book r - 233 at Page 201. ,r p .., .«c+xe . �r` (Affects Section 5) ). 'P ,e m' . S. Oil and gas lease between Harold T. King and Kenneth K. King and Aeon Energy Company dated March 30, 1982, recorded "*'�"` fah + ' in Book 966 as Reception No. 1889980, and any interestsltherein or " �'` ; rights thereunder arising by, through or under the lessee. ` '1 Note: Extension of the above lease as claimed by Affidavit of t"WV,raraF ,, Production, pursuant to CRS 38-42-106, by Barrett Energy " : '°' 4i,4,..,--7' , -1t Company, recorded December 6, 1985 in Book 1094 as ; '4, -�. rx v.. - Reception No. 02034917. (Affects Section 32) a4: 7 r ,.3x 6. Oil and gas lease between Arthur P. Garcia, Susan Garcia, and Lucy ,� V. Garcia and Aeon Energy Company dated March 29, 1982, recorded 31 • �r - 9 April 28, 1982 in Book 966 as Reception No. 1889981, and any '1: + t p' interests therein or tights thereunder arising by, through or under the 1 h0,0-1 Note: Extension of the above lease as claimed by Affidavit of a , t' < " Production, pursuant to CRS 38-42-106, by Barrett Energy 'f ( ' Company, recorded December 6, 1985 in Book 1094 as , , ml �,, '` Reception No. 02034918. kxl, t , off (Affects Section 32) , �! !i+° z ,,, , 5 7. Undivided one-half interest in all oil, gas, and other minerals as rtr y Lt-444,....... reserved by Kenneth King, Harold T. King and C. Donald King in the ? Agreement recorded June 16, 1970 in Book 627 as Reception No. +. , ,f-.;#.4,t,1 1549304 and in deed recorded January 5,_ 1983 in Book 985 as ` '�" ^ Reception No. 1913468, and any interests therein or rights '" , 4S "y t ,` w:0; h thereunder arising by, through or under the reserving part114'04.4;:49..4 7•jt • .•01 6. Terms agreements provisions, conditions and obligations as + `' '"X� x contained in Greeley-Loveland Shareholders Domestic Water � m` tt Agreement by and between City of Greeley, Colorado, Harold T. ¢) ,..f., C,.:, King, C. Donald King and Kenneth King recorded December 20, 1963 �troil"' r in Book 500 as Reception No. 1424266. (Affects N1/2 of the NE1/4 Section 5) )S4S,,Y pp ₹, k of ' ' Y w . 940120 x a ,,,,,,01,2•!,,i,, -,4 ,„1.; � �. 5 i p5: v».l�t k , . F '7°v2 ` "�"��i i tf' ) „� er pMl,ti, ,avtl , ,: i6 46 850.00 9/010 '�1 A • CI I;RK 6 RECORDER WELD CO, CO F >,q -c. - constructing, operating, inspecting, 6s. . . c -L-[ .. :ring, replacing, changing the size ` ' ' ' ' re or pipelines, or other appurtenances,o , Ira) Gas, Inc. by Lucy V. Garcia, Arthur iii` 1 , + b Si 4 - 5 a , , :a by instrument recorded July 25, 1983 lit ` �� on No. 1974565, in which the specific10°1 a . . a , L- as is not defined. �') " ` e basemen' ' A e-'_s a. of c7ect property) �( ,p' , g 1PI y M °'I ," ,t ,. casement ard riq!)t cf way for constructperatinin i the sizenspecting, ( 1Vh7' maint3 ring, protecting. repairing, replacing, 9 4 & of and removing a pipeline or other appurtenances, as granted to 1v A � Natural Gas Associates by Arthur P. Garcia, in the instrument II��'`,ii (i J r ; # `� *,,a 1 ` recorded Marcn 1+, 1985 in Book 1061 as Reception No. 0200172E, r., �'� the location of .`.ich a shown in the map attached to said i lY instrument A fF , !" . (Affects Section _2) �1 a s ^^VV e i ,., - '. '1''1/2.4''' '' ".4` 11. Easement and right of way for constructing installing, �a maintaining, inspecting, operating, repairing, replacing, changing '2r' ` .. or removing a pipeline gate valve or gate valves and n tYc' 1 (� as'.purtenances, as granted to Natural Gas Associates by Arthur P. [sy I i t (( Garcia, in the instrument recorded June 5, 1985 in Book 1072 as ' , Reception No. 02012311, the location of which is shown in the map 'fq�X5r I&. '' 4+.Vt ��il, attached to said instrument. 'it: P', '' s I (Affects section 5) � it: t..!0i,', 12. Undivided one-eighth interest in and to all of the oil, gas, and �r ,I a . #f � other minerals, as conveyed to Susie Ohlsen by deed recorded . December 5, 1986 in Book 1137 as Reception No. 02079579, and any r " v- '11444)144 interests therein or rights thereunder arising by, through or under "s�F the grantee. 'n! `� s, (Affects Section 32) • i, Ct r S, !e P 17. Alloil, gas, andothermineralsvestedintheasaofLucyV• I t' s C .�, ;. arcia, during her lifetime, asreservedbyAndes Garcia, as "�'Personal Representative of the Estate of Lucy V. Garcia also known ' § ;{,.ir,' '$$ a"�` a as Lucy Garcia, deceased in the deed recorded January 31, 1989 in y. ' �� Book 1223 as Reception No. 0216o461,h orand under ny interest t er stg therein or '. -r ,G rights thereunder arising by, through ,yy ,4, i 1 i.* I4,2j.. (�{pt if,,, �3; /4''''' '',74.3.1p.4,, 14. Matters of survey as contained in Land Survey Plat record , September 29, 1992 in Book 1352 as Reception No. 02305090 , ', rY_( 1�1. a(£ " (Affects Section 32) ,ELF. I 5 A.` rc ray ;' 4. kiE ,J,i,� �, �t. 15. overhead electric line and fences encroaty. ching into adjacent pi9perbies ), as shown on Survey dated April 7, 1993 and revised April 30, by '"� ,'� ^ '.FGCa ,ja, Montgomery-Phillips, Inc. DWG No. 351GAR. Gas wells as shown on said _ £ 2 1,2: Survey, which arise under the oil and gas leases referenced in 5 and 6 ! • , I SF, - `'I above, together with pipeline servicing same which is located under ,y S_ ,C�,��sr �' d,� _ existing dirt road running to that well site. 'µ,$ ((�;;F' nrkl v ap.1 ; i 1;14&;(11.R. f * Y 9) .7.'*tl, 3144'6'). a '4”4'.'n'44".:0441%a- 1� ` 1�t61MI rc!i T nxc2 .. ( - °°r I + } i • • 946120 r' i ii ""4 i ‘x1 ti dj B 1383 ,...C 02333215 05/17/93 16:46 $50.uu 10/010 3 i 1. -, F 0967 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO " EXHIBIT C rI i" 11 '°i The North Half (N1/2) of the North Half (N1/2) of Section !")m I ≥tF 7 #x 6 (; Five (5), Township Four (4) North, of Range Sixty-six (86) t I't r West of the 6th P.M. , (Excepting parcel of land as conveyed ? C. 4, -, '' by Deed recorded in Book 300, page 473, Weld County Records A0 tin, 44 r " and strip of land as conveyed by Deeds recorded in Book 305, ' ' . ,'".'.1- page 585, and in Book 311, page 543, Weld County Records.) ry[}y'M�� Y� [} '�Ly�, ., Mai: Also the Southwest Quarter (SW1/4) of the Southeast Quarter fr (SE1/4) of Section Thirty-two (32) in Township Five (S) North .(� a,- of Range Sixty-six (66) West of the 6th. P.M. , Weld County, # ,,, er . Colorado. '4v Also all that part of the West Half (W1/2) of the Northwest ; . ,, Quarter (NW1/4) of Section Four (4) in Township Four (4) North, 7rw' j of Range Sixty-six (66) West of the 6th P.M. , Weld County, 964 " pwrs ; , Colorado, which lies on the Westerly and Northerly side of the :c` Big Thompson River, more particularly described as follows: Beginning at the Northwest corner of said Section 4, running `x al from thence South upon the section line for a distance of ." 1423.8 feet to a point on the north bank of the said river; i, h ' thence following the north bank of said river upon a course 4 e1 /"t " North 55°56' East a distance of 207 feet to a point; thence 33a `* ":' North 42°58' East for a distance of 128 feet to a point; thence ° z a ► North 34°28' East for a distance of 260 feet to a poiht; thence " ,,,. , . t,1 North 54°05' East for a distance of 363 feet to a point; thence North 70°00' East for a distance of 71 feat to a point; them ., „ ` iy' 7 North 27°08' East for a distance of 200.3 feet to a point; , (+, :7,:r.7,* * `"t thence North 18°00' West fora distance of 346.8 feet to aI'' 4S1b444. point; thence North 45°15' East for a distance of 262 feet �r :b q;; to a point; thence North 62°35' East for a distance of 161 st feet to a point on the north line of said Section 4; thence 1) t0,40running West along said North line of said Section 4 for a 1 `6` y a• distance of 1073 feet to the point of beginning. 'Y ' Also all that part of the Southeast Quarter (SE1/4) of Section ' 17,"'F' Thirty-two (32), Township Five (5) North, of Range Sixty-six ' „.. r '4H' (66) West of the 6th P.H. , lying South and East of the County ; �,i Road paralleling the South Right of Way line of the Great '. Western Railway, more particularly described as follows: ' .' Beginning at the Southeast corner of Section 52, Township S North, of Range 66 West, thence West along the South line of +: ' said section 928 feet; thence in a Northeasterly direction parallel to and 60 feet from the South boundary line of the `(,,, Great Western Railway, to a point on the East line of said < ia ` . Section; thence South along the East line of said Section '�, r§ter 1 - 1 440 feet to the point of beginning; containing 4.481 acres, a , - ' more or less. . ` « 8, COUNTY OF WELD; ' STA7'N OF COLORADO 'xLIt,�4ny/ iipwuv f hU /roPC.r7Y ai t M1 y� �k iM 1. i_ , 1' E 940120 kit'. k ,1, Exhibit C-1 Drawing of Existing Topography 940120 Exhibit C-2 Borrow Area Contours 9410'120 Exhibit D Estimated Project Schedule 940120 0 1 a q to ,n m t < U) 2 O) C k C •N O CD .N a) Z 0 e' E o m en 0 •• a) O > v'> c O • O as O CA cn C 'O g A as .C al a) C O LL p .C U W N : a —J = elm o . O v) O o_ 2 Z ; o U 'CJ C W .61. a < "O N U CB C) iLL ; N O O I� U • U -C3 C O O iz w C a) U _C to • OO O E N .� r co of I� C a) _ U 1< O N a3 Cn a) F. .n O .,,, O O < O Q) al -0 C ILL t � � (� O H ; '17 • Z 1 1a a .4 3c L :! 1H S C� a 8 IJI, C _c .� � 'p O tijp tt 1 Y IIdV. p , , % Iii c E L S r $Q E $cc C $q u 1 : El)e 0w0 a < < < u m : @ x 910120 Exhibit E-1 General Site Location Map 940120 A. , �T s �..OOO_.': \•tl zA Jv 1 '�� x4 06 o Aly 30 29� I l • I , N _—_ �- , . d923 ;�(. �s0 X441, �, , j•jj. _—. > -4B] A 4535 _ .! , l 1 :. �' ^_� 4893 .. `�_ r �, , �'! 1 �� C) r) l•ci v �. ; III C. ' l ) �� "7 'aesoJ/ �. I i s_,\) ;�. , \\ I�� APPROXIMATE SITE LOCATION I V �?;q I ! („� ., its ,� 1,1„1�, ) I \-t : ��: 32 3 :- v� �yl c:\ 1 , ��C ,)) , 2:1-.0"....:14.0111 ill , �V G � i, L1` „),•,,,,,f____ ; � 0 1 v�, � I rc ,, � � d��- � ( ��.� J} lily q 4 r I\\ ' c\' f \ / \tt.t. .-) k \\)1 \ linliPiing. '- I r 0 ) ��` — � ! • .� 2) n � q �:,LAKES ,. ) rya ! c� � Vl � �� 1�. . �',q�Y., /zell �s � A=4�3� 1 I //AAPPROXIMATE AREA >� i ,`_-)( \ !� ;A\ t\ 1111( I\ , �ij�1,) ' J, 1„dcs1 • OF BUFFER ZONE i B S� q� �� ,1 4750 ' r�6 % I� Si 4715 1-1 - CP ° it ; )1 I \ i , 4704 \ / ) .- I' PAC7ri P;�a]26 L>ac,•. iJ ..� "II Well'u_ _- po. .____ I x.:09 0� _�`� ----.. 6.{ --DITCH .r�Sch 074 462 4725 •i N V / 19 _,0 7 ' ," .) v�/ � I o I 7 1 TITLE GOldgr GENERAL SITE LOCATION MAP E�Associates Denver, Colorado CUEM/PROJECT DRAWN BGT DATE OCTOBER 1993,wb NO. 913-2403 WASTE SERVICES CORPORATION CHECKED .1C SCALE T-2000' bWC NO./REV. NO. CENTRAL WELD SANITARY LANDFILL REVIEWED WEl-I FILE NO. FIGURE NO. 40ILZU 8 Exhibit E-2 Declaratory Order from NLRB 940123 EXHIBIT E - 2 STATE OF COLORADO MINED LAND RECLAMATION BOARD DEPARTMENT OF NATURAL RESOURCES IN THE MATTER OF: Mr. William J. Hedberg ) DECLARATORY ORDER Waste Services Corporation ) 6037 77th Avenue Greeley, CO 80634 TO: Mr. William J. Hedberg of Waste Services Corporation and all other persons engaged in or owning or controlling the following operation: Soil borrow activities at the junction of Roads 378 and 27 1 /2, located in the SW1 /4, SE1 /4 of Section 32, T5N, R66W and the N1 /2, N1 /2 of Section 5, T4N, R66W of the 6th P.M. , Weld County. FINDINGS OF FACT 1 . The proposed operation is located at the SW1 /4, SE1 /4 of Section 32, T5N, R66W and the Nl /2, N1 /2 of Section 5, T4N, R66W of the 6th P.M. , Weld County. 2. The Mined Land Reclamation Board conducted a Formal Public hearing on February 24, 1993 to consider a petition by Waste Services Corporation for a Declaratory Order to determine whether or not a Mined Land Reclamation Permit is required for the proposed operation. 3. Waste Services Corporation presented evidence at the Formal Public Hearing on February 24, 1993, demonstrating to the satisfaction of the Mined Land Reclamation Board that the proposed activities do not constitute a mining operation provided that, prior to operations being initiated, the Division of Minerals and Geology receive and approve of the following: a) a copy of the final agreement that shows that the land in question is all owned or controlled by the same person, company or agency that controls the area that the material will be hauled to, and (b) a copy of the part of the county special use permit that requires reclamation of all borrow areas . 9401 0 DECLARATORY ORDER Based upon these Findings of Fact the Colorado Mined Land Reclamation Board hereby orders that Waste Services Corporation is not required to obtain a Mined Land Reclamation Permit for the proposed activities provided that the items under 3a and b are approved by the Division of Minerals and Geology prior to initiation of activities on site. Dated at Denver thisC\ day of (` ,.., , MINED LAND RECLAMATION BOARD DEPARTMENT OF NATURAL RESOURCES MICHAEL B. LONG, irec • Mined Land Reclama vn vision MBL/scg 6632F 940120 Exhibit F Post-Submittal Information/Documentation 9 101.20 Hello