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Home My WebLink About930312.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A NATURAL GAS PROCESSING AND COMPRESSOR STATION IN THE A (AGRICULTURAL) ZONE DISTRICT - NORTH AMERICAN RESOURCES COMPANY, C/O WILLIAM CREWS 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 14th day of April, 1993, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of North American Resources Company, c/o William Crews, 1228 28th Avenue, Suite 2, Greeley, Colorado 80631, for a Site Specific Development Plan and Special Review Permit for a natural gas processing and compressor station in the A (Agricultural) Zone District on the following described real estate, to-wit: Part of the SE4 SW,' SW4, Section 11, Township 2 North, Range 66 West of the 6th P.M. , Weld County, Colorado WHEREAS, said applicant was represented by William Crews, agent, and WHEREAS, Section 24.4.2 of the Weld County Zoning Ordinance provides standards for review of said Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24. 4.2 of the Weld County Zoning Ordinance as follows: a. The proposal is consistent with the Agricultural Goals and Policies as set forth in the Weld County Comprehensive Plan. The comprehensive plan encourages the removal of mineral resources as long as the removal of prime farm land is minimized. PL0905 930312 PU L ! i .� ! ,4,-/L �'C i s /-- C < <_f.« SPECIAL REVIEW PERMIT - NORTH AMERICAN RESOURCES COMPANY PAGE 2 b. The proposal is consistent with the intent of the Agricultural Zone District. The natural gas processing facility is provided for as a Use by Special Review. c. The uses which would be permitted will be compatible with the existing surrounding land uses which include dryland pasture, an electric transmission line, and another gas processing facility. The uses which would be permitted will be compatible with the future development of the surrounding area as permitted by the Agricultural Zone District. d. The applicant has demonstrated a diligent effort has been made to conserve productive agricultural land in the locational decision for the proposed use. 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 for a Site Specific Development Plan and Special Review Permit for a natural gas processing and compressor station in the A (Agricultural) Zone District on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1. The attached Development Standards for the Special Review Permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the 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 exceeding three tank trucks per day at the site, a road maintenance and improvements agreement shall be submitted to and approved by the Board of County Commissioners. 4. Prior to recording the plat shall be amended to show those items addressed in Mr. William Crews' March 16, 1993, letter. 930312 SPECIAL REVIEW PERMIT - NORTH AMERICAN RESOURCES COMPANY PAGE 3 The above and foregoing Resolution was, on motion duly made and seconded, adopted b//y�� the following /Jvote eee on the 14th day of April, A.D. , 1993. j i/ / / / //GL2 BOARD OF COUNTY COMMISSIONERS ATTEST: ��YIU),uZ /�'/lv�'/ WELD COUNTY, COLORADO Weld County Clerk to the Board ( ' iiaeLle_.r- BY: Constance L. Harbert, Chairman Deputy Clerk to the Board W. H. ebster, P -Tem APPROVED S TO FORM: --^^�� - 1,9„-1 eorge, . Baxt r ounty At`Eorn ey ale K. Hall arb Kirkm yer 930312 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS NORTH AMERICAN RESOURCES COMPANY, C/O WILLIAM G. CREWS USR #1002 1. The Site Specific Development Plan and Special Review Permit is for a Natural Gas Processing and Compressor Station 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. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 4. Any required air emissions permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health, for fugitive dust and odors. 5. No permanent disposal of wastes shall be permitted at this site. 6. The maximum permissible noise level shall not exceed the Industrial limit of 80 dB(A) , as measured according to Section 25-12-102, Colorado Revised Statutes. 7. An individual sewage disposal system shall be provided for the facility, and the system shall be installed according to the Weld County Individual Sewage Disposal Regulations. The individual sewage disposal system permit shall be finalized and approved by an environmental protection specialist within one (1) year of the application date. 8. All construction activities that disturb more than five (5) acres will be required to obtain a stormwater discharge permit from the Colorado Department of Health, Water Quality Control Division. 9. A safe, adequate, and legal source of water shall be provided at the facility. Any well must be located at least 100 feet from the individual sewage disposal system. 10. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 11. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 930312 DEVELOPMENT STANDARDS - NORTH AMERICAN RESOURCES COMPANY PAGE 2 12. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 13. Personnel from the Platteville Fire Protection District, Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. 14. 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. 15. 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. 930312 HEARING CERTIFICATION DOCKET NO. 93-20 RE; SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A NATURAL GAS PROCESSING AND COMPRESSOR STATION IN THE A (AGRICULTURAL) ZONE DISTRICT - NORTH AMERICAN RESOURCES COMPANY A public hearing was conducted on April 14, 1993 at 10:00 A.M. , with the following present: Commissioner Constance L. Harbert, Chairman Commissioner W. H. Webster, Pro-Tem Commissioner George E. Baxter Commissioner Dale K. Hall Commissioner Barbara 1. Kirkmeyer Also present: Acting Clerk to the Board, Shelly Miller Assistant County Attorney, Lee Morrison Planning Department representative, Lanell Adler The following business was transacted: I hereby certify that pursuant to a notice dated March 29, 1993, and duly published April 1, 1993, in the Windsor Beacon, a public hearing was conducted to consider the request of North American Resources Company, c/o William Crews, for a Site Specific Development Plan and Special Review Permit for a natural gas processing and compressor station in the A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this a matter of record. Lanell Adler, Planning Department representative, entered the favorable recommendation of the Planning Commission into the record as written. William Crews, agent, represented the applicant and explained the updated version of the plat map to the Board. He noted a formal drainage report has been submitted at the request of the County Engineer, and a small retention pond added on the plat. He said there will be a barbed-wire fence around the perimeter and a chain-link fence around the facilities. Mr. Crews proposed a 25' entrance opening rather than 35' as recommended by Engineering. He explained that Engineering had a concern with the width for two-way traffic; however, the applicant wants to maintain a one-way flow for safety and better property management. Mr. Crews said they relocated certain facilities to cause less disruption to the land. Chairman Harbert said she would like entrance and exit signage provided by the applicant. Ms. Adler explained that Drew Scheltinga, County Engineer, still wants 35' for the type of vehicles to be used; however, the Board can negotiate. Mr. Crews said they would like to discourage two-way traffic by using a circle drive, with the main gate going to the office as a primary entrance. In response to questions and comments from Commissioner Baxter, Mr. Crews said the entrance is the narrowest, being 25' , then extends 30' on each side, which will result in 85' . He noted the barbed wire will protect the chain link from cattle. He said a cattle guard may be installed, and there is a 30' turning radius as required by Engineering. Mr. Crews said the applicant will provide an apron and a 24" culvert at a length required by Engineering. After further discussion, Mr. Morrison clarified, pursuant to a 1986 policy, the owner is responsible for maintenance on a culvert which is already installed; however, Weld County may do the work and bill the owner. In response to a question from Commissioner Hall, Mr. Crews said he has reviewed the Conditions of Approval and Development Standards, and they are agreeable to the applicant. There was no public testimony offered concerning this matter. Commissioner Hall moved to approve the request of North American Resources Company, c/o William Crews, for a Site Specific Development Plan and Special Review Permit for a natural gas processing and compressor station in the A (Agricultural) Zone District, based on the recommendations of the 930312 RE: HEARING CERTIFICATION - NORTH AMERICAN RESOURCES COMPANY PAGE 2 Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards as entered into the record, and he stipulated the access into the opening be 25' as requested by the applicant. The motion was seconded by Commissioner Webster. Chairman Harbert proposed the need to stipulate the access off of the road, and she suggested amending the motion to a 35' access width of the road. Mr. Crews reiterated that Mr. Scheltinga asked for a 30' radius, which will be shown on the final plat. After further discussion concerning the width of the access, the motion carried unanimously on roll-call vote. This Certification was approved on the 19th day of April, 1993. APPROVED: ATTEST: kA' r' /1 �� BOARD OF COUNTY COMMISSIONERS OJ`IRiG /V�/Gv WELD COUNTY, COLORADO Weld County Clerk t th Board By: Constance L. Harbert, Chairman Deputy Clerk to the W. ' ebdter, Pr9 em TAPE #93-14 A ]George I Baxte DOCKET /193-20 1 Dale K. Hall PL0905 /Barbara J. Kirkmeye 930312 NOTICE The Board of County Commissioners of Weld County, Colorado, on April 14, 1993, conditionally approved a Site Specific Development Plan and 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: North American Resources Company c/o William Crews 1228 28th Avenue, Suite 2 Greeley, Colorado 80631 LEGAL DESCRIPTION: Part of the SE* SW* SW4 of Section 11, Township 2 North, Range 66 West of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: A natural gas processing and compressor station in the A (Agricultural) Zone District SIZE OF PARCEL: 10 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 TO THE. By BOARD �/� BY: �.C.�,v-k i KaG�� Deputy Cerk to the Board PUBLISHED: April 22, 1993, in the Windsor Beacon r n. talla AFFIDAVIT OF PUBLICATION The Board of County Commissioners of Weld STATE OF COLORADO County, Colorado, on April 14, 1993, ss conditionally approved a COUNTY OF WELD Site Specific Development Plan and Special Review Permit I, KEITH HANSEN, of said County of Weld, being duly for the property and sworn, say that I am publisher of purpose described below. Conditional approval of this plan WINDSOR BEACON creates a vested property right pursuant a weekly newspaper having a general circulation in said to Article 68 of Tile 24, C.R.S.,as amended,for County and State, published in the town of WINDSOR, a period of three years. in said County and State; and that the notice, of which the annexed is a true copy, has been published in said APPLICANT: North weekly for/_successive weeks, that the notice American Resources Company c/o William was published in the regular and entire issue of every Crews 1228 28th number of the paper during the period and time of Avenue, Suite 2 publication, and in the newspaper proper and not in a Greeley, Colorado 80631 supplement, and that the first publication of said notice was in said paper bearing the date of the LEGAL DESCRIPTION: � Part of the SE 1/4 SW fa7rt" day of �./ , A.D., 19 73 and 1/4 SW 1/4 of Section 11, Township 2 North, the last publication'bearing the date of the Range 66 West of the 6th PM., Weld County, day of , A.D., 19_ and Colorado that the said WINDSOR BEACON has been published TYPE AND INTENSITY continuously and uninterruptedly for the period of 5 OF APPROVED USE: consecutive weeks, in said County and State, prior to the A natural gas processing and compressor station date of first publication of said notice, and the same is a in the A (Agricultural) newspaper within the meaning of an Act to regulate Zone Dismd printing of legal notices an advertisements, approved SIZE OF PARCEL: 10 May 18, 1931,and all prior .cts . ar as in force. acres,more or leas Failure to abide by the I` ( / terms and conditions of approval will result in a P i:LISHER forfeiture of the vested • property dgM. Subscri• d and sworn to before me this Z ' day BOARD OF COUNTY of WELD COUNTY,COMMISSIONERS, WELDyea-z oe // oo COLORADO NOTARY PUBLIC BY: DONALD D. //�� y WARDEN, CLERK TO My commission expires % _.��. / L / / 1 g's. THE BOARD (/ \ / BY: SMELLY K. MILLER,Os/ay ask to the OS - . . Published he Me Windom Segos en April aim 900112 NOT I C E Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the Site Specific Development Plan and Special Review Permit are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office 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: 93-20 APPLICANT North American Resources Company cio William Crews 1228 28th Avenue, Suite 2 Greeley, Colorado 80631 DATE: April 14, 1993 TIME: 10:00 a.m. REQUEST: A Site Specific Development Plan and Special Review Permit for a natural gas processing and compressor station in the A (Agricultural) Zone District LEGAL DESCRIPTION: Part of the SE,' SW,' SW! of Section 11, Township 2 North, Range. 66 West of the 6th P.M. , Weld County, Colorado LOCATION: North of Weld County Road 22, approximately 1.25 miles east of Weld County Road 31 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: Shelly K. Miller Deputy Clerk to the Board DATED: March 29, 1993 PUBLISHED: April 1, 1993, in the Windsor Beacon REQUEST: A Site Specific Development AFFIDAVIT OF PUBLICATION Men el Spieisl Review Permit for a natural gas recessing and STATE OF COLORADO e011prepsor station in the ss OWNS lwraI) Zone COUNTY OF WELD NOTICE - -- • LEGAL DESCRIPTION: I, KEITH HANSEN, of said County of Weld, being duly Pursuant to the zoning Part of the SE1/4 SW1/4 sworn,say that I am publisher of laws of the State of SW1/4 of Section 11, Colorado and the Weld Township 2 North, County Zoning Range 66 West of the 'WINDSOR BEACON Ordinance, a public 6th P.M., Weld County, hearing will be held in Colorado the Chambers of the a weekly newspaper having a general circulation in said Board of County LOCATION: County and State, published in the town of WINDSOR, Commissioners of Weld North of Weld County in said County and State; and that the notice, of which County, Colorado,Weld Road 22, approximately County Centennial 1.25 miles east of Weld the annexed is a true copy, has been published in said Center,915 10th Street, County Road 31 weekly for successive weeks, that the notice First Floor, Greeley, Colorado, at the time BOARD OF COUNTY was published in the regular and entire issue of every specified. All persons in COMMISSIONERS, number of the paper during the period and time of any manner Interested in WELD COUNTY, publication, and in the newspaper proper and not in a the Site Specific COLORADO supplement, and that the first publication of said notice Development Plan and Special Review Permit BY: DONALD D. was in said paper bearing the date of the are requested to attend WARDEN, WELD and may be heard. COUNTY CLERK TO /4 day of Q��-1-r-� , A.D., 19 �� and THE BOARD Should the applicant or the last publication bearing the date of the any interested party BY: Shelly K. desire the presence of a Miller, Deputy Clerk to court reporter to make a the Board day of A.D., 19 and record of the that the said WINDSOR BEACON has been published proceedings, in addition Published in the continuously and uninterruptedly for the period of 5 to the taped record which Windsor Beacon on will be kept during the April 1,1993. consecutive weeks,in said County and State, prior to the hearing,the Clerk to the - date of first publication of said notice, and the same is a Board's Office shall be newspaper within'the meaning of an Act to regulate advised in writing of such action at least five days printing of legal notices an advertisements, approved prior to the hewing. The May 18, 1931, and all prior cts ar as in force. cost o engalll be a one reporter r t grty. by the requesting party. BE IT ALSO KNOWN P LISHER that the text and maps so / certified by the Weld / County Planning Subscri d and sworn to before me this day Commission may be of ,r/�////y%l7,, , _' 0 19±n_ examined in the office of ��X a✓�0r✓C the Clerk to the Board of County Commissioners, located in the Weld • NOTARY PUBLIC County Centennial Center,ir 9lo5 10th Street, My commission eX irestt2y / II Third Floor, Greeley, P / !Colorado. DOCKET NO:93'20 APPLICANT • North American ' Resources Company,do William Crews, 1228 • 28th Avenue, Suite 2, Greeley, Colorado - 80631 • DATE:April 14,1993 TIME:10:00 a.m. 930112 CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket #93-20, was placed in the United States mail, postage prepaid, addressed to the following property owners. DATED thisI '/ Y�S� day of K) , 1993. Deputy Clerk o the Board NORTH AMERICAN RESOURCES COMPANY C/0 WILLIAM CREWS 1228 28TH AVENUE, SUITE 2 GREELEY, CO 80631 CANNON LAND COMPANY 36 STEELE STREET, SUITE 250 DENVER, CO 80206 PANHANDLE EASTERN PIPE LINE COMPANY BOX 1348 KANSAS CITY, MO 64141 DAKOTA WARNER 217 SOUTH PARK AVENUE FORT LUPTON, CO 80621 UNION PACIFIC RESOURCES COMPANY P.O. BOX 7 FORT WORTH, TX 76101 AMOCO PRODUCTION COMPANY P.O. BOX 800 DENVER, CO 80201 930112 CREWS & ZEREN PETROLEUM LAND CONSULTANTS 1223 28TH AVENUE, SUITE 2 GREELEV COLORADO 80631 (303)351-0733 GREELEY (303)659-7710 DENVER (303)351-0867 FAX April 5, 1993 Lanelle J. Adler Current Planner Weld County Planning Department 1400 N. 17th Avenue Greeley, CO 80631 RE: Affidavit (Sign Posting) USR 1002 North American Resources Company Gas Processing and Compression Facility Dear Lanelle: Enclosed please find the original of the sign posting affidavit in connection with the Board of Weld County Commissioners meeting to be held on April 14. If you need anything else before the meeting, please let me know. Regards, i William G. Crews, CPL Agent for North American Resources Company enclosure: affidavit WGC/mm II Log swifi APR 0 6 1993 U 930112 STATE OF COLORADO ) ) ss. COUNTY OF WELD ) BOARD OF COUNTY COMMISSIONERS SIGN POSTING CERTIFICATE The undersigned, of lawful age, having been first duly sworn upon his oath, deposes and states under penalty of perjury that: 1. North American Resources Company is the Applicant in Weld County Use by Special Review Case #1002 involving the SW'ASW%SW'% of Section 11, Township 2 North, Range 66 West, Weld County, Colorado. 2. The undersigned, a Certified Professional Landman with an office at 1223 28th Avenue, Suite 2, Greeley, CO 80631, is an authorized agent for North American Resources Company. 3. The undersigned personally posted the sign provided by the Weld County Department of Planning Services on the property on April 2, 1993, which date was at least 10 days before the Board of Weld County Commissioners hearing to be held on April 14, 1993 concerning said Case #1002. Further Affiant sayeth not. William G. Crews Subscribed and sworn to before me this 5th day of April, 1993. /' My commission expires: 10/06/96 Sheila ' ler, Notary Public STATE OF COLORADO ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 5th day of April, 1993, by William G. Crews. Witness my hand and official seal. My commission expires: 10/06/96 S eila ill , Notary Public 920112 MEMORAnDum Lanell Adler I , hiDe Tu Planning ate March 25, l 3 COLORADO From Drew Scheltinga k, 'J\ l Subject: North American Resources Company USR - 1002 I have received a drainage report from Jay Freese dated March 22, 1993 and a site plan that details the proposed entrances and retention pond. This information satisfies my memo of February 25, 1993. The only exception is that the access roads should be shown as 35' wide to accommodate tractor trailer traffic as opposed to the 20' width shown on the plan. A resubmittal to this office is not necessary as long as the proper widths are shown on the final plan. cc: Commissioner Baxter File USR - 1002 rich cS MAR 2 6 1993 1\ inis:r .,c MUSS c h;+ .D 9302'2 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING March 16, 1993 Page 7 The Chairperson asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes; Bill O'Hare - yes ; Judy Yamaguchi - yes ; Juliette Kroekel - yes; Don Feldhaus - yes; Shirley Camenisch - yes. Motion carried unanimously. Richard Kimmel moved to amend Condition of Approval Number 4 (d) to read: 4 (d) . A road maintenance and improvements agreement shall be entered into with Weld County to mitigate the impacts created by heavy truck traffic on other users of public roadways . Shirley Camenisch seconded the motion. The Chairperson asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes; Bill O'Hare - yes; Judy Yamaguchi - yes; Juliette Kroekel - yes; Don Feldhaus - yes ; Shirley Camenisch - yes. Motion carried unanimously. Richard Kimmel moved to forward Case Number USR-1000, Bestway Paving Company, as amended, to the Board of County Commissioners with the Planning Commissions recommendation for approval. Bill O'Hare seconded the motion. The Chairperson asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes ; Bill O'Hare - yes; Judy Yamaguchi - yes; Juliette Kroekel - yes; Don Feldhaus - yes ; Shirley Camenisch - yes . Motion carried unanimously. Don Feldhaus comment: Want to express hopes, and I believe hopes are well founded, that Bestway Paving will continue to be a good neighbor and sensitive to the many issues that were expressed here by some of the neighbors today. Particularly the safety issues, the dust issues , those types of issues, and comply hopefully that we won' t have to rely on someone getting upset and annoyed. Juliette Kroekel left at 4:00 p.m. CASE NUMBER: USR-1002 NAME: North American Resources Company, c/o William Crews ADDRESS: 1228 28th Avenue, Suite 2, Greeley, CO 80631 REQUEST: A Site Specific Development Plan and a Special Review permit for a Natural Gas Processing and Compressor Station in the A (Agricultural) zone district. LEGAL DESCRIPTION: The SE4 SW4 of Section 11, T2N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: North of Weld County Road 22, approximately 1.25 miles east of Weld County Road 31. :. r SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING March 16, 1993 Page 8 William Crews , representative, North American Resources Company, wanted to show, for the record, the correction to the legal description for this application. The SE4 SW4 of Section 11, T2N, R66W of the 6th P.M. , Weld County, Colorado. He said these corrections would be completed on the plat also. He gave an overview of the operation and showed two buildings on site. One is a 40' x 80' office building and the other is a 20' x 20' control building. The original application shows only one building, but it was felt the controller should be separated from the main facility for safety reasons. Judy Yamaguchi asked if communications would exist between the two facilities. William Crews said yes, they would install an intercom. Richard Kimmel asked about the chainlink fence . William Crews said the entire operation area and all of the equipment except the flare, would be enclosed in chainlink fence. The rest of the property would be enclosed in 4 strand barbed wire. There will be two entrances into the facility based on a recommendation from the Weld County Engineering Office, for safety reasons. Bill O'Hare asked how heavy truck traffic would be at this facility. William Crews said 3 to 4 trucks a day. Materials removed from the gas will be sent through a pipeline, trucks will carry out condensate and water. Don Feldhaus asked about lighting for the facility. Bill Baumberger, representative, North American Resources Company, said lighting would be for security reasons only. Three employees will man this operation during daylight hours only, it will become automated in the evening hours. The facility is equipped with automatic shut down in case of an emergency. If personnel have to respond after hours , lighting is available. Don Feldhaus asked about nearby residences. William Crews said the closet neighbor was over a mile away. Shirley Camenisch asked if there had been any problems with the Engineering Departments requirement to draw up a road maintenance and improvements agreement with the County. William Crews said no problems at all. Keith Schuett recommended a change to Development Standard Number 5 to read: 5. Prior to recording, the plat shall be amended to show those items addressed in Mr. Crews' March 16, 1993 , letter. Bill O'Hare moved Case Number USR-1002 , North American Resources Company, c/o William Crews, as amended, be forwarded to the Board of County Commissioners with the Planning Commission' s recommendation for approval. Richard Kimmel seconded the motion. 930312 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING March 16 , 1993 Page 9 The Chairperson asked the secretary to poll the members of the Planning Commission for their decision. Richard Kimmel - yes; Bill O'Hare - yes ; Judy Yamaguchi - yes; Don Feldhaus - yes; Shirley Camenisch -yes . Motion carried unanimously. Respectfully submitte , Sharyn F. Ruff Secretary 920112 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS n: r7 Moved by Don Feldhaus that the following resolution, with the ame& ifdj f t of Condition of Approval Number 5, be introduced for passage by thi-Weld 'County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR-1002 NAME: North American Resources Company, c/o William Crews ADDRESS: 1228 28th Avenue, Suite 2, Greeley, CO 80631 REQUEST: A Site Specific Development Plan and a Special Review permit for a Natural Gas Processing and Compressor Station in the A (Agricultural) zone district. LEGAL DESCRIPTION: The SE4 SW4 SW4 of Section 11, T2N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: North of Weld County Road 22, approximately 1.25 miles east of Weld County Road 31. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: The proposal is consistent with the Agricultural Goals and Policies as set forth in the Weld County Comprehensive Plan. The comprehensive plan encourages the removal of mineral resources as long as the removal of prime farm land is minimized. The proposal is consistent with the intent of the Agricultural zone district. The natural gas processing facility is provided for as a Use by Special Review. The uses which would be permitted will be compatible with the existing surrounding land uses which include dryland pasture, an electric transmission line, and another gas processing facility. The uses which would be permitted will be compatible with the future development of the surrounding area as permitted by the Agricultural zone district. Ex k; b;+ e 9 L0212 RESOLUTION, USR-1002 North American Resources Company, c/o William G. Crews Page 2 The applicant has demonstrated a diligent effort has been made to conserve productive agricultural land in the locational decision for the proposed use. 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. 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 scheduling before the Board of County Commissioners, the applicant shall submit information to the Weld County Engineering Department regarding design of the entrances to the site and drainage. The entrance design and drainage report shall be prepared by a Colorado Registered Professional Engineer. 4. Prior to exceeding 3 tank trucks per day at the site, a road maintenance and improvements agreement shall be submitted to and approved by the Board of County Commissioners. 5. Prior to recording the plat, shall be amended to show those items addressed in Mr. William Crews' March 16, 1993, letter. 920112 RESOLUTION, USR-1002 North American Resources Company, c/o William G. Crews Page 2 Shirley Camenisch seconded the motion. Vote: For Passage Against Passage Richard Kimmel Bill O'Hare Judy Yamaguchi Juliette Kroekel Don Feldhaus Shirley Camenisch The Chairperson declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Sharyn Ruff, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution, is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on March 16, 1993. Dated the 16t of Mar. , 93. Sharyn F. Ruff Secretary 9730-" o SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS North American Resources Company, c/o William G. Crews USR-1002 1. The Site Specific Development Plan and Special Review permit is for a Natural Gas Processing and Compressor Station 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. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 4. Any required air emissions permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health, for fugitive dust and odors. 5. No permanent disposal of wastes shall be permitted at this site. 6. 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. 7. An individual sewage disposal system shall be provided for the facility, and the system shall be installed according to the Weld County Individual Sewage Disposal Regulations. The individual sewage disposal system permit shall be finalized and approved by an Environmental Protection Specialist within one (1) year of the application date. 8. All construction activities that disturb more than five (5) acres will be required to obtain a stormwater discharge permit from the Colorado Department of Health, Water Quality Control Division. 9. A safe, adequate, and legal source of water shall be provided at the facility. Any well must be located at least 100 feet from the Individual Sewage Disposal System. 10. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 11. The property owner or operator shall be responsible for complying with the Design Standards of Section 24. 5 of the Weld County Zoning Ordinance. DEVELOPMENT STANDARDS, USR-1002 North American Resources Company, c/o William G. Crews Page 2 12. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 13. Personnel from the Platteville Fire Protection District, Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 14. 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. 15. 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. 930'7i2 INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant: North American Resources Company Case Number: USR-1002 Submitted or Prepared Prior to Hearing At Hearing 1. Application 12 pages X 2. 1 Application plat 1 page X 3. DPS Referral Summary Sheet X 4. DPS Recommendation X 5. DPS Surrounding Property Owner' s Mailing List X 6. DPS Mineral Owner' s Mailing List X 7. 3 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. February 25, 1993, referral from Weld County X Engineering 12. March 2, 1993, referral from Division of Water X Resources 13. February 22, 1993, referral from Weld County X Health Department 14. February 18, 1993, referral from Panhandle X Eastern 15. February 11, 1993, letter to applicant X 16. March 12, 1993, letter to Weld County X Engineering from Bill Crews 17. March 5, 1993, referral from Platte Valley X Soil Conservation District 18. Planning Commission sign posting certificate X 19. March 16, 1993, letter to Keith Schuett, from X Bill Crews (and map) . 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 March 25, 1993. Oux're1ant ,ant re� .E�2/l� STATE OF COLORADO ) COUNTY OF WELD SUBSCRIBED AND,$ N` TO BEFORE ME THISC 1 day of irf ll 19-I_. SEAL .. p NO ARY PUBLI 4-9 r.,*. ST i``_ My CC,-1111;a1 tcir($toy My Commission Exp.ites Exhib t f 9302&2 EXHIBIT/ INVENTORY CONTROL SF"RT _ Case (iS /Ooa - / )l97 -A °1YLM)PaM7 QiUb-4_63) Cempim CJo !IO A:du-KJ Exhibit Submitted By Exhibit Description �a5 A. LA-a ( i • t75 B. Q Yl h Ana ( DYYIYY �A(bic� lC0 �/}pt1 on� D� �P CkJrn ex) Ng c. -Retilt) r C Burnt RD7c) rvdct. ! 1 n 3 � f�ID,Q l [numb , �n may 2 , P rat D. tlibtildatJ R G�/� A0L FI 4O 31A E. 4/41. l lfi l filALUl5) & & 7 )44:U H. I. J. K. L. M. N. 0. P. Q. R. S. T. U. V. W. X. Y. Z. 920112 DATE: March 16, 1993 CASE NUMBER: USR-1002 NAME: North American Resources Company, c/o William Crews ADDRESS: 1228 28th Avenue, Suite 2, Greeley, CO 80631 REQUEST: A Site Specific Development Plan and a Special Review permit for a Natural Gas Processing and Compressor Station in the A (Agricultural) zone district. LEGAL DESCRIPTION: The SE4 SW4 SW4 of Section 11, T2N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: North of Weld County Road 22, approximately 1.25 miles east of Weld County Road 31. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: The proposal is consistent with the Agricultural Goals and Policies as set forth in the Weld County Comprehensive Plan. The comprehensive plan encourages the removal of mineral resources as long as the removal of prime farm land is minimized. The proposal is consistent with the intent of the Agricultural zone district. The natural gas processing facility is provided for as a Use by Special Review. The uses which would be permitted will be compatible with the existing surrounding land uses which include dryland pasture, an electric transmission line, and another gas processing facility. The uses which would be permitted will be compatible with the future development of the surrounding area as permitted by the Agricultural zone district. - The applicant has demonstrated a diligent effort has been made to conserve productive agricultural land in the locational decision for the proposed use. No overlay districts affect the site. Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. 9:30112 RECOMMENDATION, USR-1002 North American Resources Company, c/o William G. Crews 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 scheduling before the Board of County Commissioners, the applicant shall submit information to the Weld County Engineering Department regarding design of the entrances to the site and drainage. The entrance design and drainage report shall be prepared by a Colorado Registered Professional Engineer. 4. Prior to exceeding 3 tank trucks per day at the site, a road maintenance and improvements agreement shall be submitted to and approved by the Board of County Commissioners. 5. Prior to recording, the plat shall be amended to show a 6 foot chainlink security fence. 9 ,0712 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS North American Resources Company, c/o William G. Crews USR-1002 1. The Site Specific Development Plan and Special Review permit is for a Natural Gas Processing and Compressor Station 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. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 4. Any required air emissions permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health, for fugitive dust and odors. 5. No permanent disposal of wastes shall be permitted at this site. 6. 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. 7. An individual sewage disposal system shall be provided for the facility, and the system shall be installed according to the Weld County Individual Sewage Disposal Regulations. The individual sewage disposal system permit shall be finalized and approved by an Environmental Protection Specialist within one (1) year of the application date. 8. All construction activities that disturb more than five (5) acres will be required to obtain a stormwater discharge permit from the Colorado Department of Health, Water Quality Control Division. 9. A safe, adequate, and legal source of water shall be provided at the facility. Any well must be located at least 100 feet from the Individual Sewage Disposal System. 10. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 11. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 93071,2 DEVELOPMENT STANDARDS, USR-1002 North American Resources Company, c/o William G. Crews Page 2 12. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 13. Personnel from the Platteville Fire Protection District, Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 14. 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. 15. 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 . 920212 CREWS & ZEREN March 11, 1993 PETROLEUM LAND CONSULTANTS 1223 28TH AVENUE. SUITE 2 Mr. Drew Scheltinga GREELEY.COLORADO 80631 b (303)351.0733 GREELEY County Engineer (303)8581110 DENVER (303)351.0887 FAX Weld County 933 N. 11th Avenue Greeley, CO 80631 Re: USR 1002 - North American Resources Company Dear Mr. Scheltinga: We have been provided a copy of your Memorandum dated February 25, 1993 to Lanell Adler of the Weld County Planning Department, and we want to address your comments and concerns prior to the Planning Commission meeting next Tuesday. Storm water drainoff is not expected to be altered to any degree necessary to require special drainage measures. No single installation will be of such size as to dramatically alter the natural drainage, which gently slopes from the northeast to the southwest and drains off of the involved property into the existing ditch in the County right-of-way, and then flows west. Culverts of adequate size will be placed in the right-of-way ditch to ensure continued natural ditch drainage. As stated in the application, other than employee's vehicles, the only regular traffic will be tank trucks which,on an average of less than once per week,will remove condensate drip and water. The natural gas liquids, such as ethane, propane and butane,will be pipelined off of the premises, and only periodic pickup of condensate drip and recovered water will be necessary. After fractionation equipment is installed, truck traffic will increase to a level of three to four tank trucks per day,since certain products such as propane will then be separated onsite and transported by trucks. Two entrances have been planned to facilitate truck loading and also to ensure egress, in the event of an emergency, through another gate should one be blocked by a stalled or disabled truck. It is our understanding that you have conversed with Jasper Freese, P.E., and that two entrances will be acceptable. Narco is willing to enter into a road maintenance agreement which would provide that Narco would repair or pay for damage done to the pavement caused by trucks turning in and out of the plant. Suitable entrances and aprons will be constructed from the beginning to handle traffic from heavy trucks. The design of entrances, aprons and culverts will be provided to your office once the designs are finalized. I hope this information clarifies Narco's plans. If you need any additional information, please give me a call. Cordially, William G. Crews, CPL (la Agent for North American Resources Company IL MAR 1 2 1993 cc: Joe Baumherger - Baumberger & Associates ,: ,, nlannin, Weld County Commissioner George Baxter Lanellc Adler - Weld County Planning Office 930112 PLATTE VALLEY 60 S . 27th Avenue SOIL CONSERVATION Brighton, CO 80601 DISTRICT Phone: 659-7004 March 5 , 1993 Weld County, Colorado Department of Planning Services 1400 N. 17th Avenue Greeley, CO 80631 RE : Case Number USR-1002 North American Resource Company c/o William G. Crews To Whom It May Concern: The Platte Valley Soil Conservation District recommends that North American Resource Company be made aware of the following regulations : State Dust Blowing Act, 35-72-101 ; Colorado Weed Management Act 35-55-101 and that they comply with those guidelines . Sincerely, Clyde Abbett, President Board of Supervisors MAR 0 8 1993/Li 9301'.2 STATE OF COLORADO ) ) ss. COUNTY OF WELD ) PLANNING COMMISSION SIGN POSTING CERTIFICATE The undersigned, of lawful age, having been first duly sworn upon his oath, deposes and states under penalty of perjury that: 1. North American Resources Company is the Applicant in Weld County Use by Special Review Case 1002 involving the SW'ASW'ASW'k of Section 11, Township 2 North, Range 66 West, Weld County, Colorado. 2. The undersigned, a Certified Professional Landman with an office at 1223 28th Avenue, Suite 2, Greeley, CO 80631, is an authorized agent for North American Resources Company. 3. The undersigned personally posted the sign provided by the Weld County Department of Planning Services on the property on March 4, 1993, which date was at least 10 days before the Weld County Planning Commission hearing to be held on March 16, 1993 concerning said Case #1005. Further Affiant sayeth not. c William G. Crews Subscribed and sworn to before me this 10th day of March, 1993. r A ' My commission expires: 10/06/96 �-- i Miller, Notary Public STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 10th day of March, 1993, by William G. Crews. Witness my hand and official seal. / l/ 1 My commission expires: 10/06/96 Sheila;Miller, Notary Public 9730212 CREWS & ZEREN PETROLEUM LAND CONSULTANTS 1223 28TH AVENUE. SUITE 2 GREELEY,COLORADO 80631 March 16, 1993 (303)351-0733 GREELEY (303)659-7710 DENVER (303)351-0867 FAX Keith Schuett Planner Weld County Planning Department 1400 N. 17th Avenue Greeley, CO 80631 RE: Questions and Amendments: USR 100— Gas Processing and Compression Facility North American Resources Company Dear Keith: You had some questions in connection with the application of North American Resources Company ("Narco") submitted for USR 100$. The compressors will be Ajax DPC 540 LE models, and they will not be separately housed. The operating portion of the plant will be fenced in a six-foot chain link fence, and the entire 10- acre parcel will be enclosed within a barb wire fence (except where chain link and barb wire would be in the same place, in which case the two fences will connect to form a chain line/barb wire perimeter fence. The office building will not exceed 40 feet by 80 feet in size. As I mentioned, we are considering making the control room a separate structure, not exceeding 20 feet by 20 feet in size. This is being considered for reasons of further minimizing operator distraction. If done,the separate building will have heat and electricity, but it will not have any water or sewer facilities. Please note that I have provided a sketch showing an alternate location for the condensate and water tanks. This is being considered to see if Narco can further decrease road building in the northeastern portion of the facility. Please incorporate all of the above in the file as amendments. If you have any questions, please let me know. Cordially, William G. Crews, CPL Agent for North American Resources Company enclosure WGC/mm 9r70 712 r z II t—t✓ ; at oo ,lit t )` o z a ' el ! eT dQ ore i`1�1 I I 11111 1 �;j i 8 �� a Ij{)� j 5 r I id V ink 1 .T S S on a fit, ��1` S �!� ( O n" I C5 I:14.3 R } (��! D SSI I in a • in n x ig } d 3 tI zx a O �_ Y ? __ 14 ; 3 ! 't . 1 j '� z 40E � ; f >> Sjit Sii i 3 VI 3U j, i# viii( g t.I li .1, _ Dot ;'tt S t _ • coo it.jl lb] O . 111 O 7 z M 1 N / ;gY1 fi t o ! s / 4., t ; x Y / m J � E v cl ii I x 'e I �' @ I O( W31 @Y F o0 p oa W f C Y d 0 /4T ' 8 ' fl a O 616 ;I O. W. 0['hO yp k N VI •rl NO — 'J' , • N C.) N_. // i 19 Q N L c ri v c.io = / o W O / i U v, U / •• i r1 C / 3 u / ' .' / y i ca / __ \ ' i ,if t i u ri W -" ' I d N - 2 E � 0 p: 4 DII 1 I 1 , 4 D yyl ', I. 1II rV 11 LAND-USE APPLICATION SUMMARY SHEET Date: March 9, 1993 CASE NUMBER: USR-1002 NAME: North American Resources Company, c/o William G. Crews ADDRESS: 1228 28th Avenue, Suite 2, Greeley, CO 80631 REQUEST: A Site Specific Development Plan and a Special Review permit for a Natural Gas Processing and Compressor Station in the A (Agricultural) zone district. LEGAL DESCRIPTION: The SE4 SW4 SW4 of Section 11, T2N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: North of Weld County Road 22, approximately 1.25 miles east of Weld County Road 31. SIZE OF PARCEL: 10 acres, more or less. POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this Special Review permit is listed in Section 24.3 of the Weld County Zoning Ordinance. The Department of Planning Services staff has received specific recommendation for the Weld County Engineering Department, Weld County Health Department, Panhandle Eastern Pipe Line Company, and Division of Water Resources. 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't44�.H:#♦4<t., y.Y- •'k,..... ,..... t hi . ,t �y • �acR r 2 • At GI1A :4441 A :�AY:� 1� .a ..i • • • "pi 4 i'T . :! .vti.:: . -: . • § CI� 01 2 FIELD CHECK FILING NUMBER: USR-1002 and RE-1474 DATE OF INSPECTION: March 3, 1993 APPLICANT'S NAME: North American Resources Company, c/o William G. Crews REQUEST: A Site Specific Development Plan and a Special Review permit for a Natural Gas Processing and Compressor Station in the A (Agricultural) zone district. LEGAL DESCRIPTION: SE4 SW4 SW4 of Section 11, T2N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: North of Weld County Road 22, approximately 1.25 miles east of Weld County Road 31. LAND USE: N Dryland pasture, oil and gas production E Dryland pasture, high tension power line S Weld County Road 22, dryland pasture W Dryland pasture ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: Access is from Weld County Road 22, a paved County road. Panhandle Eastern' s processing facility is located southwest of this site. The site slopes to the northeast and is in pasture. g ent P nn 920212 REFERRAL LIST NAME: North American Resources Company, c/o William G. Crews CASE NUMBER: USR-1002 REFERRALS SENT: February 11, 1993 REFERRALS TO BE RECEIVED BY: February 25, 1993 COUNTY TOWNS and CITIES Attorney Ault X Health Department _Brighton Extension Service Broomfield X Emergency Management Office _Dacono Sheriff's Office Eaton X Engineering _Erie _Housing Authority Evans _Airport Authority _Firestone X Building Inspection _Fort Lupton _Frederick STATE Garden City - X Division of Water Resources _Gilcrest Geological Survey _Greeley Department of Health _Grover Highway Department Hudson _Historical Society _Johnstown Water Conservation Board _Keenesburg X Oil and Gas Conservation Commission _Kersey La Salle FIRE DISTRICTS Lochbuie Ault F-1 Longmont Berthoud F-2 _Mead Briggsdale F-24 _Milliken _Brighton F-3 New Raymer _Eaton F-4 Northglenn _Fort Lupton F-5 Nunn Galeton F-6 Platteville Hudson F-7 _Severance Johnstown F-8 _Thornton La Salle F-9 _Windsor Mountain View F-10 Milliken F-11 COUNTIES _Nunn F-12 _Adams Pawnee F-22 _Boulder X Platteville F-13 Larimer _Platte Valley F-14 Poudre Valley F-15 FEDERAL GOVERNMENT AGENCIES Raymer F-2 _US Army Corps of Engineers Southeast Weld F-16 USDA-APHIS Veterinary Service Windsor/Severance F-17 _Federal Aviation Administration Wiggins F-18 _Federal Communication Commission Western Hills F-20 SOIL CONSERVATION DISTRICTS OTHER / X Brighton Central Colo. Water Conservancy Dist. _Fort Collins X Panhandle Eastern Pipe Line Co. _Greeley Tri-Area Planning Commission Longmont West Adams COMMISSION/BOARD MEMBER X Juliette Kroekel 9ao712 Aiken mEmoRAnDum Wilk Lanell Adler 7o Planning Date February 25, 1993 COLORADO From Draw crhel ti nga Subject: North Aperican Resources Company USR - 1002 No information has been provided regarding storm water runoff. WCR 22 was paved this summer. However, it was not paved with industrial use in mind. The applicant is indicating an increase of three to four trucks per day which would normally not have a major impact. The proposed facility appears to be extensive, and I question the three to four trucks per day. Normally, a maintenance and improvements agreement would be required for a proposal of this magnitude. The applicant should address this issue. The site plan indicates two entrances onto WCR 22. Only one entrance should be allowed and details of how the entrance is to be constructed should be provided. The entrance should be constructed to handle heavy tractor trailer type traffic. cc: Commissioner Baxter File USR - 1002 FEB 2 6 1993 ') STATE OF COLORADO OFFICE OF THE STATE ENGINEER oe cow Division of Water Resources es, Department of Natural Resources 1313 Sherman Street, Room 818 \"!avc*' Denver,Colorado 80203 Phone(303)866-3581 Roy Romer FAX(303)866-3589 Governor Ken Salazar Executive Director March 2, 1993 heal D.Simpson State Engineer Ms. Lanell J. Adler, Current Planner Weld County Department of Planning Services MAR 0 4 1993 I 1400 N. 17th Avenue Greeley, CO 80631 r = a nIrariro Re: Cannon Land Company& North American Resources Company/ Cases No. RE-1474 & USR-1002 SE1/4, SW1/4, SW1/4, Sec.11, T2N ,R66W, 6th P.M. W. Division 1, W. District 2 Dear Ms. Adler: We have reviewed the above referenced proposal for a recorded exemption and a use by special review. Although these proposals were submitted to this office separately, we are responding under one letter since they involve the same property. The proposed recorded exemption would divide an 80 acre tract into two tracts of 10 and 70 acres. The proposed water supply is to be from individual on-site wells. The use by special review proposal is for the construction and operation of a natural gas processing and compression facility on the 10 acre parcel. In their narrative to the county, the applicants indicate that water use in this facility would be limited to drinking and sanitary facilites only in employee restrooms; however, the applicants do not provide information to quantify the amount of water needed annually. The applicants may be able to qualify for issuance of a commercial exempt permit. The well would have to be the only well on the 10 acre parcel. The pumping rate would be limited to 15 G.P.M., and the annual appropriation of water would be limited to 1/3 acre foot (108,600 gallons). The use of the water would be limited to drinking and sanitary facilites only inside the facility. The irrigation of landscaping or other outside uses would be prohibited. The return flow from the use of the well would have to be returned to the same stream system in which the well is located via a non evaporative disposal system. Our issuance of a commercial exempt permit, and this recommendation of approval is contingent upon the 80 acre tract not having been previously subdivided or exempted since 1972. We consider this as a one-time exemption, and will not issue any additional exempt well permits for parcels less than 35 acres. If the applicants would require more water than 1/3 acre foot, or are contemplating any outside uses of water, a nontributary source of ground water would have to be utilized. Based on data developed for the Denver Basin Rules (Senate Bill 5), water in the Laramie-Fox Hills aquifer underlying the proposed 10 acre site is considered to be nontributary. This aquifer is in the approximate interval from 500 feet to 800 feet below ground surface. A preliminary evaluation indicates that approximately 2.5 acre feet of water per year would be available underlying the 10 acres, based on a 100 year aquifer life. 920 21 2 Mr. Keith A. Schuett Page 2 March 2, 1993 The 70 acre tract is intended for argricultural use. The availability of a domestic well for this tract would be the same as any tract of 35 acres or more. We recommend approval of these proposals contingent upon the applicants meeting the qualifications for the commercial exempt permit or obtaining a Denver Basin permit to appropriate water from the Laramie-Fox Hills aquifer. A copy of this letter should accompany any well permit application. If you have any questions, please contact me. Sincerely, JAAA1\ � w(AA} - v. / John Schurer, P.E. Senior Water Resource Engineer JS/JWB/cannon cc: Alan Berryman, Division Engineer John Bilisoly 970712 mEmoRAnDum WIlD o Lanell J. Adler To Weld County Planning Date February 22, 1993 COLORADO From John S. Pickle, M.S.E.H. , Director, Environmental Heal Subject Case Number: USR-1002 Name: North (American Resources Environmental Protection Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. All liquid and solid wastes shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. Any required Emissions Permit is obtained from the Air Pollution Control Division, Colorado Department of Health for fugitive dust and odors. 3. No permanent disposal of wastes shall be permitted at this site. 4. 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. 5. An individual sewage disposal system, is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. 6. Individual Sewage Disposal System permit must be finalized and approved by an Environmental Protection Specialist within one (1) year of the application date. 7. After October 1, 1992, all construction activities that disturb more than five (5) acres will be required to obtain a stormwater discharge permit from the Colorado Department of Health, Water Quality Control Division. 8. Applicant must provide a safe and adequate water supply for this facility. 9. Well must be located at least 100 feet from Individual Sewage Disposal System. JSP/jg-331 rFEBiALL2i\VI:41 2 2 9 30 n �'lx7r n DEPARTMENT OF PLANNING SERVICES ' PHONE(303)353-3645, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140C. GREELEY, N. ORAAVENUEO631 COLORADO 80631 COLORADO February 10, 1993 CASE NUMBER: USR-1002 TO WHOM IT MAY CONCERN: Enclosed is an application from North American Resources Company, c/o William G. Crews for a Site Specific Development Plan and a Special Review permit for a Natural Gas Processing and Compressor Station in the A (Agricultural) zone district. The parcel of land is described as the SE4 SW4 SW4 of Section 11, T2N, R66W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is north of Weld County Road 22, approximately 1.25 miles east of Weld County Road 31. 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 February 25, 1993, so that we may give full consideration to your recommendation. Please call Lanell J . Adler, 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. X We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer/ to theenclosed letter. Signed:„ Y7{L_,X .i— Agency: Panhandle Eastern Date: 2-18- I1 ( 2t993 • U l‘r.) eft tui cs ..:i.p c\tv 1 j .•iii O FEB 2 2 1993 t2 - If,lyiIP- -.M.nna1nim - • — . 771237 I AMOCO-U.P.R.R. I D-I-38 i 3' I �2.6' 6; °56'00„ /�----- ' M.S.7740 EXCHG 0393 O o19-10-075-1294 in I CNN, AMOCO'DONALC O I - - 45°46'22" �\ COOK True No. p I9-I0-075-732-3i, i M.S. 305; I A- U.P.R.H. 38- F-2.2 \ ,≤c AMOCO UPRR 38-F-I M.S. 110920 -' MS/0/06 1 301 a I 40 L r` �. %� III 1 N o q \IL 4 I. Ix ---,4" 1r4'JO . c ,9 i'L•3� : A M37323P R.H C- I-3P ,\ DETAILS IICI�: AM0C0-U.P F R 38-C-2 /592• 19 10 075 401 3 � ��ti.s rrro2 4 • 4C1-44:4•1 I 47°52'28" I 1 19-10-075 -737-3' 2' 23/1 FT. I LIPTON i6 /C 6,5 -O "%Zeit: — 2/3'- LIQ. FERM. /F -/C•c":G` '171;.,�,i. I h SITE I mil. In i 51.2 • % ' / 1 co R 1 II AFC-DAKOTA WARNER No.l _5/.3 II M.S. '?lDO j x i4 -L/ 075 237 31 76° 25'- 14-10-075'875-41' rc ApIuCO- WARNER I X x MS 8104 1751 1 97 ' I N - m 7 --16 - 10-- 075 - 180-411 H I• 1 ip /00 36' 81-4' - I 225' x 970712 `NOTICE OF PWLIQ objections related to the above request AFFIDAVIT OF PUBLICATION HEARING be submitted in The Weld County writing to the Weld STATE OF COLORADO Planning County Department of Commission ss will hold a ublic Planning Services, COUNTY OF WELD p 915 Tenth Street, ' hearing on Tuesday, Room 342, Greeley, March 16, 1993, at Colorado 80631 I, KEITH HANSEN, of said County of Weld,being duly 1:30 p.m. for the before the above date purpose of or presented at the sworn,say that I am publisher of considering a Site public hearing on Specific Development March 16,1983. WINDSOR BEACON Plan and a Special Review permit for the Copies of the a weekly newspaper having a general circulation in said property described application are County and State, published in the town of WINDSOR, below.Approval of the available for public request may create a- inspection in the in said County and State; and that the notice, of which vested property right Department of the annexed is a true copy, has been published in said pursuant to Colorado Planning Services, weekly for/_successive weeks, that the notice Law. 1400 N. 17th Avenue, was published in the regular and entire issue of every Greeley, Colorado number of the paper during the period and time of APPLICANT: North 80631 - Phone-353- American Resources publication, and in the newspaper proper and not in a Company, c/o William 3845,Extension x540' supplement, and that the first publication of said notice G.Crews Judy Yamaguchi, was in said paper bearing the date of the Chairperson, Weld �L LEGAL County Planning day of ? , AD., 1993 and DESCRIPTION: The SE4 SW4 SW4 of Commission the last publication bearing the date of the Section 11, T2N, Published in the R66W of the 6th P.M., Windsor Beacon on day of A.D., 19_ and Weld County, February 18,1993. that the said WINDSOR BEACON has been published Colorado. - _- continuously and uninterruptedly for the period of 5 TYPE AND consecutive weeks, in said County and State, prior to the INTENSITY OF date of first publication of said notice, and the same is a PROPOSED USE: A newspaper within'the meaning of an Act to regulate Natural Gas printing of legal notices an advertisements, approved Processing andCo May 18, 1931, and all prior is ar as in force. the A reAgr culStaturn in / the (Agricultural) zone district. LOCATION: North of t P BUSHER Weld County Road 22, approximately. 25 miles east of Weld Subsc ' d and sworn to before me this 2�,__day County Road 31. of 191 SIZE: 10 acres, more ! //L/,al� (e. /n1.-In--no or less. / NOTARY PUBLIC The public hearing will �'1 � be held In the Weld My commission expires 1i.._CN 2 u /4i 9,j, — County ��f//J/ """` Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or �IIL�irulfA.' I ma 0 2_1993 . • 920712 Kit (t DEPARTMENT OF PLANNING SERVICES PHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES C. 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO DATE: February 11, 1993 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: USR-1002 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, March 16, 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: North American Resources Co. , c/o William G. Crews FOR: A Site Specific Development Plan and a Special Review permit for a Natural Gas Processing and Compressor Station in the A (Agricultural) zone district. LEGAL DESCRIPTION: SE4 SW4 SW4 of Section 11, T2N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: North of Weld County Road 22, approximately 1.25 miles east of Weld County Road 31. Your property is within five-hundred (500) feet of the property on which this request has been made. For additional information write or telephone Lanell J. Adler, Current Planner. cro - ti CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners and owners and lessees of minerals in accordance with the notification requirements of Weld County in Case Number USR-1002 for North American Resources Co. , c/o William G. Crews in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list. this 11 day of February, 1993. Tf)Q1 (Lit( UP; 92071 n SURROUNDING PROPERTY OWNERS AND/OR SUBSURFACE ESTATE/MINERAL OWNER North American Resources Co. , c/o William G. Crews USR-1002 Cannon Land Company 36 Steele Street, Suite 250 Denver, CO 80206 Panhandle Eastern Pipe Line Company Box 1348 Kansas City, MO 64141 Dakota Warner 217 S. Park Avenue Fort Lupton, CO 80621 Union Pacific Resources Company Union Pacific Land Resources Company P.O. Box 7 Fort Worth, TX 76101 Amoco Production Company P.O. Box 800 Denver, CO 80201 9:o n. EXHIBIT A AFFIDAVIT OF INTEREST OWNERS SURFACE OF USR AREA AND ADJACENT SURFACE ESTATES Use by Special Review Application North American Resources Company Subject Property: Township 2 North, Range 66 West. 6th P.M., Weld County, Colorado Section 11: SEV4SWV4SWV4 STATE OF COLORADO ) ) ss. COUNTY OF WELD ) THE UNDERSIGNED,being first duly sworn upon his oath,deposes and states that to the best of his knowledge the following 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 USR Area and within five hundred (500) feet of the specific property of the proposed Use by Special Review Area. This list was compiled from the records of the Weld County Assessor within thirty (30) days of the submission date of the application. Surface owner of USR Area only: 1309-11-0-00-003 Cannon Land Company 36 Steele Street, Suite 250 Denver, CO 80206 Surface owners of property within 500 feet of the USR Area: 1309-11-0-00-003 Cannon Land Company 36 Steele Street, Suite 250 Denver, CO 80206 1309-14-0-00-014 Panhandle Eastern Pipe Line Company Box 1348 Kansas City, MO 64141 1309-14-0-00-020 Dakota Warner 217 So. Park Avenue Ft. Lupton, CO 80621 ( William G. Crews 0 Subscribed and sworn to before me this day of February, 1993. My commission expires:-£o—/ 994' Notary Public 920-„w EXHIBIT B AFFIDAVIT OF INTEREST OWNERS MINERAL ESTATE Use by Special Review Application North American Resources Company Subject Property: Township 2 North, Range 66 West, 6th P.M., Weld County, Colorado Section 11: SEKSWKSW'/a STATE OF COLORADO ) ) ss. COUNTY OF WELD ) THE UNDERSIGNED,being first duly sworn upon his oath,deposes and states that to the best of his knowledge the following 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 which are the subject of this proposed Use by Special Review as their names appear in the records of the Weld County Clerk and Recorder, or from an ownership update from a title or abstract company or an attorney. Mineral Owners: Union Pacific Resources Company Union Pacific Land Resources Company P.O. Box 7 Ft. Worth, TX 76101 Oil & Gas Leasehold Owners: Amoco Production Company P.O. Box 800 Denver, CO 80201 William G. Crews Subscribed and sworn to before me this eYaday of Feb a , 1993. My commission expires: /0-LP — Notary Public 920112 \11:1 . DEPARTMENT OF PLANNING SERVICES r PHONE (303)353-3845, EXT.3540 I WELD COUNTY ADMINISTRATIVE OFFICES C. 1400 N.17TH AVENUE GREELEY, COLORADO 80631 COLORADO February 11, 1993 William G. Crews, CPL 1228 28th Avenue, Suite 2 Greeley, CO 80631 Subject: USR-1002 - Request for a Site Specific Development Plan and a Special Review permit for a Natural Gas Processing and Compressor Station in the A (Agricultural) zone district on a parcel of land described as the SE4 SW4 SW4 of Section 11, T2N, R66W of the 6th P.M. , Weld County, Colorado. Dear Mr. Crews: 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 March 16, 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 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 March 4, 1993, you or a representative should call me to obtain a sign to be posted on the site no later than March 6, 1993. The sign shall be posted adjacent to and visible from a publicly maintained road right-of-way. In the event the property under consideration is not adjacent to a publicly maintained road right-of-way, the applicant shall post one sign in the most prominent place on the property and post a second sign at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. Your sign posting certificate must be returned to the Department of Planning Services' office on or before the date of the hearing. 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. 92,0712 William G. Crews, CP— USR-1002 Page 2 If you have any questions concerning this matter, please feel free to call me. Respectfully, Lanell J. Ad at Current Planner pc: North American Resource Co. 16 East Granite Butte, MT 59701 Cannon Land Co. 36 Steele Street, Suite 250 Denver, CO 80206 920'112 adsvi l USE BY SPECIAL REVIEW APPLICATION FEB y 1993 A!,a ,..•e a nilnnlli+' Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631 Phone - 353-3845 - Ext. 3540 Case Number DateReceived Application Checked by Mylar plat submitted Application Fee &p-jn Receipt Number Recording Fee Receipt Number 1'g3I NORTH AMERICAN RESOURCES COMPANY hereby requests a hearing before the Weld County Planning Commission and Weld County Board of County Commissioners concerning a Use by Special Review,for a natural gas processing facility in an A(Agricultural) Zone District,covering the following described unincorporated area of Weld County, Colorado: LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: Township 2 North, Range 66 West, 6th P.M. Section 11: SE' SW' SW', as more particularly described in an Application for Recorded Exemption which has been filed contemporaneously with this USR application. PRESENT ZONE A (Agriculture) OVERLAY ZONES none TOTAL ACREAGE 10 acres, more or less PROPOSED LAND USE Natural gas processing and compressing EXISTING LAND USE Agriculture (grazing) APPLICANT: NORTH AMERICAN RESOURCES COMPANY 16 East Granite Butte, MT 59701 (406) 723-5421 AUTHORIZED AGENT: William G. Crews, CPL 1228 28th Avenue, Suite 2 Greeley, CO 80631 (303) 351-0733 SURFACE FEE (PROPERTY) OWNERS WITHIN THE PROPOSED USR AREA: Cannon Land Company 36 Steele Street, Suite 250 Denver, CO 80206 MINERAL OWNERS AND LESSEES OF MINERAL RIGHTS WITHIN THE PROPOSED USR AREA: See attached Exhibit B. I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within the application are true and correct to the best of my knowledge. STATE OF COLORADO ) ) ss. COUNTY OF WELD ) William G. Crews, Agent p�::::t:: sworn to before methis 0 day of Februa93 i ex res: j p Le-9 P Notary Public 7201.1.2 ATTACHMENT to APPLICATION FOR USE BY SPECIAL REVIEW North American Resources Company February 8, 1993 This Application for Use by Special Review consists of the application page to which this is attached, along with the following exhibits incorporated herein by this reference: Exhibit A: SURFACE FEE (PROPERTY) OWNERS WITHIN THE USR AREA AND ADJACENT SURFACE ESTATES Exhibit B: AFFIDAVIT OF INTEREST OWNERS-MINERAL ESTATE- WITHIN THE USR AREA Exhibit C: COPIES OF SOIL SURVEY PAGES FROM U.S.D.A. Exhibit D: COPY OF GAS PROCESSING FACILITY LEASE A reproducible mylar plan map of the U.S.R. area and contiguous lands is also a part of this application. PROPOSED USE: By this Application,North American Resources Company("Narco")seeks a Use by Special Review ("USR") to permit construction and operation of a natural gas processing and compression facility in the SEV<SW'/oSWV4 of Section 11, Township 2 North, Range 66 West, 6th P.M., Weld County, Colorado. The facility will remove hydrocarbon liquids, condensate and water from natural gas, recompress the gas, and transmit it off of the premises by pipeline. The recovered liquids, depending on their type,will either be pipelined or trucked off the premises. Fractionating equipment will be installed at a later time to further separate recovered hydrocarbon liquids prior to transport by truck. The principal equipment and buildings expected to be constructed at the site,now and in as the need arises in the future, are as follows: 5 Compressors 1 Compressor-future 1 Glycol Regenerator Heater 1 Regenerator Gas Heater 1 Condenser 1 JT Refrigerated Process Skid 1 Cryogenic Process Skid 1 Dehydrator Skid 2 Fractionation Units 3 30,000 gallon product storage tanks 1 Flare Unit 1 400-barrel (42 gal.) Condensate Drip Tank 1 400-barrel (42 gal.) Water Tank 1 Office/Restroom/Control Room/Warehouse Building 1 Septic Tank System 1 Water Well - Commercial/Exempt (for restroom facilities) 1 Loading/Unloading Rack 1 Pipeline Slug Receiver The equipment will be connected by pipes and valves which will be assembled and/or welded on the site. Some equipment will be mounted on concrete foundations or pads as necessary for stability and safety. Incoming pipelines will be connected to isolation valves to ensure cut-off capability in the event of equipment failure. NEED: Narco has acquired substantial natural gas reserves in Weld County and needs such a facility to ensure that the gas produced from its wells, and wells of other producers in the future, can be introduced into transmission lines in compliance with the gas specifications of purchasers and end users and facilitate the greatest economic recovery for leasehold and royalty owners. The liquids suspended in natural gas from the wellhead must first be removed before the gas will meet normal 9022 industry transmission and user specifications. The plant will be capable of processing up to 20 million cubic feet of natural gas per day. EXISTING USES: The USR area and surrounding land are located approximately four miles north and three miles east of Ft. Lupton and have been used for solely for agriculture (pasture) and for oil and gas production. Zoning is A(Agriculture) at the site,which is located on the north side of WCR 22 beginning approximately 660 feet east of(unbuilt) WCR 33. All surrounding land is used for grazing,with the exception of the Panhandle Eastern Pipe Line Company gas compression facility which corners the proposed facility to the southwest across WCR 22. DISTANCES TO STRUCTURES: The closest structures are those located to the southwest of the USR area at the Panhandle Eastern Pipe Line Company gas compression facility in the NW'/4 of Section 14. No occupied homes are located within a mile of the proposed facility. USERS. BUYERS.ETC.: None. The facility will not be open to the public. Deliveries of supplies such as methanol, glycol and lubricants, in quantities of approximately 1,000 gallons at a time, are anticipated on a monthly basis. Other than employee's vehicles, the only regular traffic will be tank trucks which, on an average of less than once per week, will remove condensate drip and water. After fractionation equipment is installed, truck traffic will increase to a level of three to four trucks per day. EMPLOYEES AND HOURS: The facility will be manned by approximately three employees at a time during business hours, generally from 8:00 a.m. to 5:00 p.m. During non-business hours, the facility will not be manned, but will be operating on a 24-hour basis. WATER: Water will be provided for employee rest rooms from a water well (commercial-exempt) to be drilled at the facility. Less than one-third of an acre-foot of water will be used annually. ACCESS: Access will be via WCR 22, which is the only road adjacent to the USR area. VEHICLES: As stated above, other than employee's vehicles, the only regular traffic will be tank trucks which, on an average of less than once per week, will remove condensate drip and water. After fractionation equipment is installed, truck traffic will increase to a level of three to four trucks per day. It is anticipated that extracted hydrocarbons will be pipelined off of the premises, but unless and until a liquids pipeline is constructed or after fractionation equipment is added, removal will be by trucks carrying up to approximately 200 barrels (42 gallons/barrel). During construction of the facility, men and equipment will be accessing the site from WCR 22. Construction is expected, depending on weather, to take four months. SEWAGE: Adequate sewage facilities (septic tank)will be installed to provide sanitary facilities for employees. FIRE PROTECTION: No additional fire protection services will be needed. Fire extinguishers will be installed as deemed necessary, and isolation valves will be located at a remote location on the facility to enable shut-down in the event of a fire. ANIMALS: None. WASTE: All waste and debris will be placed in commercial dumpsters and transported off the premises. STORAGE: Storage of tools and office supplies will be in a small warehouse area within the office and control building. Storage of methanol (500 gallons), ethylene glycol (500 gallons) and lubricants (500 gallons) will be in separate above-ground tanks. LANDSCAPING: None planned. RECLAMATION: Upon abandonment of the facility, all buildings, equipment, concrete foundations and other improvements will be hauled from the premises, the land will be restored to as near its original condition as is practicable, and disturbed area will be reseeded with native grasses. TIME TABLE: Construction: Approximately 120 days after commencement. Operation: Until no longer needed. 2 920''12 COMPREHENSIVE PLAN: The processing of natural gas has been demonstrated to be consistent with the Weld County Comprehensive Plan. Similar USRs have been approved by the Board for facilities in A zones,and this facility,being located near to an existing gas compression facility,serves to consolidate like uses in the same general vicinity and lessen the impact of the type of use for which the permit is sought. AGRICULTURAL PRESERVATION: The land is not irrigated and a minimal amount of grazing land will be used for the construction and operation of the facility. No prime agricultural land will be taken out of production by the facility. HEALTH AND SAFETY: The remote location of the facility should ensure that the health,welfare and safety of the citizens of Weld County are protected. The facility will be constructed in accordance with all governmental and industry standards. COMPATIBILITY: The area surrounding the USR area should not be adversely affected by the intended use. No homes or other occupied dwellings are located within one mile of the proposed facility, which is surrounded entirely by land devoted to grazing, except for the cornering gas compression plant. The facility, by being located near to an existing gas compression facility, serves to consolidate like uses in the same general vicinity. The immediate vicinity is not involved in growth from any towns or cities, and the site is ideal for the intended use due to its remote location. NO OVERLAYS: The USR area is not within a flood plain, geologic hazard area, or the Weld County Airport overlay district or any other known overlay district. WATER SUPPLY: Water required for the toilet facilities and maintenance operations will be obtained by the drilling of a water well (commercial-exempt) on the premises. A permit will be sought upon approval of the Recorded Exemption which has been filed contemporaneously with this USR application. PROOF OF INTEREST: A copy of the Gas Processing Facility Lease between Cannon Land Company and Narco is attached hereto as Exhibit D. NOISE REPORT: Waiver is hereby requested. The plant will be in compliance with applicable Colorado Revised Statutes governing noise. SOIL REPORT: No need for a soil report is perceived. The soil is adequate to support all necessary concrete foundations for equipment. The soils within the U.S.R. Area are classified as follows in Soil Survey of Weld County, Colorado, Southern Part published by the Soil Conservation Service, United States Department of Agriculture: Valent sand, 0 to 3 percent slopes (69) Valent sand, 3 to 9 percent slopes (70) Copies of the two soil type descriptions are attached hereto, along with a copy of part of Sheets 22 and 23 from said Survey, as Exhibit C. Prior to constructing major concrete foundations, a soil analysis or survey will be performed by a licensed third party. SURFACE OWNERS: A certified list of surface owners of the lands within the USR area, and within 500 feet thereof, are attached as Exhibit A. MINERAL OWNERS: A certified list of the owners of the minerals under the lands within the USR area is attached as Exhibit B. 3 930212 EXHIBIT C �.:.:... fig 72 70 v • It ,{ 1 ;. ,4 70 . 72 mil'' 69 0 • 4197 ✓ 72 X43 72 '3.} 69 \ v r, ;.11•4", u8 .k. 69Or)70 69 of 70 ?„qb:. i , � I j 10 70 11 70 r'72 X11-13 73 47 1 , A _ \ ...•v` ill rr ':- 'foil,! jj4*u ' 69 drikliii 1411 6 v t "l11i` i4s ::4:24;4.'''''',1 I r 1fl Z r4 "t44 731/4 45 s41 y . 4 r•n 11i 14 z 14 +•..;-. ; trey +' *§, t ',.,34',',' 9' i �: 'a� "lOlk;4 '.... §4�`: f VI;;:- c."7".as ci 37 h. \'4.^: R tt,: : • • t I 73 70 Y tti 21 " t , , O 73 44 13Fr 23 Ilk u , T p, 73 i.T r , 1. 9209'1,2 1 44 SOIL SURVEY it to allow moisture accumulation. Generally precipitation is Permeability is rapid. Available water capacity is low. r too low to make beneficial use of fertilizer. The effective rooting depth is 60 inches or more. Surface F Stubble mulch farming, striperopping, and minimum til- runoff is medium, and the erosion hazard is moderate. I lage are needed to control soil blowing and water erosion. The potential native vegetation is dominated by little • s Terracing also may be needed to control water erosion. bluestem, sideoats grama, sand reedgrass, blue grama, a The potential native vegetation is dominated by hairy grama, switchgrass, and needleandthread. Potential I western wheatgrass and blue grama. Buffalograss is also production ranges from 700 pounds per acre in favorable present. Potential production ranges from 1,000 pounds years to 200 pounds in unfavorable years. As range condi- _ t, per acre in favorable years to 600 pounds in unfavorable tion deteriorates, the tall and mid grasses decrease, blue t t years. As range condition deteriorates, a blue grama-buf- grama and hairy grams increase, and forage production ; falograss sod forms. Undesirable weeds and annuals in- drops. f vade the site as range condition becomes poorer. Management of vegetation should be based on taking I Management of vegetation on this soil should be based half or less of the total annual production. Deferred graz- P> I on taking half and leaving half of the total annual produc- ing is practical in improving range condition. Seeding and r tion. Range pitting can reduce runoff. Seeding is desirable mechanical treatment are impractical. ; if the range is in poor condition. Western wheatgrass, Windbreaks and environmental plantings generally are t I blue grama, sideoats grama, buffalograss, pubescent not suited to these soils. Onsite investigation is needed to I+s r wheatgrass, and crested wheatgrass are suitable for seed- Wildlife pop determine if plantings are feasible. ing. The grass selected should meet the seasonal require- ulations are limited because the necessary r habitat elements are lacking. Because most of the acreage I. 1 menu of livestock. It can be seeded into a clean, firm sorghum stubble, or it can be drilled into a firm prepared is rangeland, only rangeland wildlife, for example scaled i seedbed. Seeding early in spring has proven most success- quail and antelope, are typical. Extreme care is needed in 1 ful. managing livestock grazing in order to provide suitable t: 1 Windbreaks and environmental plantings of trees and habitat on these soils. shrubs commonly grown in the area are generally well Potential is poor for urban and recreational develop- suited to this soil. Cultivation to control competing ment. The chief limiting soil features are the loose, coarse i vegetation should be continued for as many years as textured soil, steep slopes, and rapid permeability. Caps- t€ bility subclass VIIs irrigated, VIIs nonirrigated; Gravel possible following planting. Trees that are best suited and Breaks range site. have good survival are Rocky Mountain juniper, eastern 69—Valent sand, 0 to 3 percent slopes. This is a deep, redcedar, ponderosa pine, Siberian elm, Russian-olive, and excessively drained soil on plains at elevations of 4,650 to t 1 hackberry. The shrubs best suited are skunkbush sumac, 5,100 feet. It formed in eolian deposits. Included in fr lilac, Siberian peashrub, and American plum. mapping are small areas of soils that have lime within a e Wildlife is an important secondary use of this soil. The depth of 40 inches. cropland areas provide favorable habitat for ring-necked Typically the surface layer is brown sand about 8 j pheasant and mourning dove. Many nongame species can inches thick. The underlying material to a depth of 60 be attracted by establishing areas for nesting and escape inches is brown sand. . cover. For pheasants, undisturbed nesting cover is essen- Permeability is rapid. Available water capacity is tial and should be included in plans for habitat develop- moderate. The effective rooting depth is 60 inches or F ment, especially in areas of intensive agriculture. Range- more. Surface runoff is slow, and the erosion hazard is I land wildlife, for example, the pronghorn antelope, can be low. .. attracted by developing livestock watering facilities, This soil is suited to limited cropping. Intensive managing livestock grazing, and reseeding where needed. cropping is hazardous because of erosion. The cropping t This soil has poor potential for urban and recreational system should be limited to such close grown crops as al- development. Slow permeability and high shrink swell falfa, wheat, and barley. The soil also is suited to ir- cause problems in dwelling and road construction. Capa- rigated pasture. A suitable cropping system is 3 to 4 s. bility subclass IIIe irrigated, IVe nonirrigated; Clayey years of alfalfa followed by 2 years of corn and small Plains range site. grain and alfalfa seeded with a nurse crop. ' 68—Ustic Torriorthents, moderately steep. These are Closely spaced contour ditches or sprinkers can be used deep, excessively drained soils on terrace breaks and in irrigating close grown crops. Contour furrows or sprin- escarpments at elevations of 4,450 to 5,100 feet. They klers should be used for new crops. Applications of bar- '' formed in gravelly alluvium and have slopes of 9 to 25 nyard manure and commercial fertilizer help to maintain percent. Included in mapping are small areas of soils that good production. have pockets of sandy loam and loam in the underlying The potential vegetation is dominated by sand f material. bluestem, sand reedgrass, switchgrass, sideoats grama, Typically the surface layer is pale brown gravelly sand needleandthread, little bluestem, and blue grama. Poten- about 10 inches thick. The underlying material to a depth tial production ranges from 2,500 pounds per acre in of 60 inches is pale brown gravelly sand. favorable years to 1,800 pounds in unfavorable years. As 4 11 WELD COUNTY, COLORADO, SOUTHERN PART 45 range condition deteriorates, the sand bluestem, The potential vegetation is dominated by sand switchgrass, sand reedgrass, sideoats grama, and little bluestem, sand reedgrass, switchgrass, sideoats grama, bluestem decrease, forage production drops, and sand needleandthread, little bluestem, and blue grama. Poten- sage increases. Undesirable weeds and annuals invade tial production ranges from 2,500 pounds per acre in and "blowout" conditions can occur as range condition favorable years to 1,800 pounds in unfavorable years. As becomes poorer. range condition deteriorates, the sand bluestem, Management of vegetation on this soil should be based switchgrass, sand reedgrass, sideoats grama, and little on taking half and leaving half of the total annual produc- bluestem decrease, forage production drops, and sand Lion. Seeding is desirable if the range is in poor condition. sage increases. Undesirable weeds and annuals invade Sand bluestem, sand reedgrass, indiangrass, switchgrass, and "blowout" conditions can occur as range condition sideoats grama, little bluestem, and blue grama are suita- becomes poorer. ble for seeding. Because this soil is susceptible to soil Management of vegetation on this soil should be based blowing, it should be seeded using an interseeder, or the on taking half and leaving half of the total annual produc- seed should be drilled into a firm, clean sorghum stubble. tion. Seeding is desirable if the range is in poor condition. Seeding early in spring has proven most successful. Brush Sand bluestem, sand reedgrass, indiangrass, switchgrass, management also can help in improving deteriorated side-oats grama, little bluestem, and blue grama are suita- range ble for seeding. Because this soil is susceptible to soil Windbreaks and environmental plantings are fairly well blowing, it should be seeded using an interseeder or the suited to this soil. Blowing sand and the moderate availa- seed should be drilled into a firm, clean sorghum stubble. ble water capacity are the principal hazards in establish- Seeding early in spring has proven most successful. Brush ing trees and shrubs. The soil is so loose that trees should management can also help in improving deteriorated be planted in shallow furrows, maintaining vegetation range. between the rows. Supplemental irrigation is needed to Windbreaks and environmental plantings are generally insure survival. Trees that are best suited and have good not suited to this soil. Onsite investigation is needed to survival are Rocky Mountain juniper, eastern redcedar, determine if plantings are feasible. ponderosa pine, and Siberian elm. The shrubs best suited Wildlife is an important secondary use of this soil. Ran- are skunkbush sumac, lilac, and Siberian peashrub. geland wildlife, for example, the pronghorn antelope, can Wildlife is an important secondary use of this soil. The be attracted by developing livestock watering facilities, cropland areas provide favorable habitat for ring-necked managing livestock grazing, and reseeding where needed. pheasant and mourning dove. Many nongame species can This soil has fair potential for urban development. The be attracted by establishing areas for nesting and escape chief limiting soil features are the rapid permeability and cover. For pheasants, undisturbed nesting cover is essen- the susceptibility to soil blowing. Septic tank absorption tial and should be included in plans for habitat develop- fields function properly, but in places the sandy sub- ment, especially in areas of intensive agriculture. Range- stratum does not properly filter the leachate. Sewage land wildlife, for example, the pronghorn antelope, can be lagoons must be sealed. Once established, lawns, shrubs, attracted by developing livestock watering facilities, and trees grow well. Capability subclass VIe irrigated, managing livestock grazing, and reseeding where needed. VIe nonirrigated; Deep Sand range site. This soil has fair potential for urban development. The 71—Valent-Loup complex, 0 to 9 percent slopes. This primary limiting soil features are the rapid permeability level to moderately sloping map unit occupies hills, ridges, and the susceptibility to soil blowing. Septic tank absorp- and depression or pothole-like areas in the sandhills at tion fields function properly, but in places the sandy sub- elevations of 4,670 to 4,700 feet. The Valent soil makes up stratum does not properly filter the leachate. Sewage about 60 percent of the unit, the Loup soil about 35 per- lagoons must be sealed. Once established, the lawns, cent. About 5 percent is dune sand. The Valent soil occu- shrubs, and trees grow well. Capability subclass IVe ir- pies the hills and ridges and the Loup soil the depressions rigated, VIe nonirrigated; Deep Sand range site. or potholes. 70—Valent sand, 3 to 9 percent slopes. This is a deep, The Valent soil is deep and excessively drained. It excessively drained soil on plains at elevations of 4,650 to formed in eolian deposits. Typically the surface layer is 5,100 feet. It formed in eolian deposits. Included in brown sand about 8 inches thick. The underlying material mapping are small areas of soils that have lime within a to a depth of 60 inches is brown sand. depth of 40 inches. Also included are small areas of soils Permeability is rapid. Available water capacity is that have sandstone between 40 and 60 inches. moderate. The effective rooting depth is 60 inches or Typically the surface layer of the Valent soil is brown more. Surface runoff is slow, and the erosion hazard is sand about 6 inches thick. The underlying material to a low. depth of 60 inches is brown sand. The Loup soil is deep and poorly drained. It formed in Permeability is rapid. Available water capacity is sandy alluvium. Typically the surface layer is very dark moderate. The effective rooting depth is 60 inches or grayish brown, mottled loamy sand about 16 inches thick. more. Surface runoff is slow, and the erosion hazard is The underlying inches light low. brownish gray, mottled loamy sand sandy and loam. iii. ARL7.31,9633 B 1368 RE(' _319633 01/27/93 14 :39 p25 .00 1/005 F 0931 MAR. ANN FEUERSTEIN CLERK & REt- ADER WELD CO, CO EXHIBIT D GAS PROCESSING FACILITY LEASE THIS GAS PROCESSING FACILITY LEASE is made and entered into this 15th day of January, 1993, by and between CANNON LAND COMPANY, a Colorado corporation, 36 Steele Street, Suite 250, Denver, CO 80206 ("Cannon"), as Lessor; and NORTH AMERICAN RESOURCES COMPANY, a Montana corporation, 16 East Granite, Butte, MT 59701 ("Narco"), as Lessee. 1. Grant of Lease: Cannon, for and in consideration of the sum of One Thousand Dollars, in hand paid, hereby grants, demises, leases and lets exclusively unto Narco the lands described below for the purpose of constructing,maintaining and operating a facility for the processing,compression and transmission of natural gas (and liquids extracted from natural gas) produced from wells in and around Weld County, Colorado, together with all rights, privileges and easements necessary or convenient for Narco's operation of such facility, including, but not limited to, the right to construct pipelines, fractionating equipment, compressors, control stations, access roads, power lines, office buildings and other improvements: Township 2 North. Range 66 West, 6th P.M. Section 11: SE'/4SW'/SSW'/9, containing 10 acres, more or less 2. Term: Subject to the other provisions herein contained, this lease shall remain in force until March 31, 1994, and for so long thereafter as Narco pays to Cannon the rentals described below. 3. Rental and Tax Payments: a. The amounts of the annual lease payments ("rentals") shall be the amounts set forth on Exhibit A attached hereto. The due date for rental payments shall be March 31 of each year,which shall be considered the anniversary date of this lease. Except for the period from inception through March 31, 1994 (discussed in Paragraph 6, below), all rentals paid on March 31 of any year arc in payment of the next 12-month period. By way of example, the payment due on March 31, 1995 shall continue the lease for one year and cover the rental from April 1, 1995 through March 31, 1996. b. Narco shall pay all ad valorem taxes assessed against the lands covered by this Lease for the 1993 tax year (due and payable in 1994) and all subsequent years that this lease remains in effect. Narco shall ask the Weld County Assessor separately to assess the 10-acre parcel for ad valorem taxes and to mail the tax notice directly to Narco. If, however, the Assessor refuses to separately assess the 10-acre parcel or sends the tax notice to Cannon, then Cannon shall mail Narco a copy of the paid Weld County Tax Notice for the property along with an invoice for the taxes attributable to the 10-acre parcel, and Narco shall pay such invoice within 30 days after its receipt. 4. Manner of Payments: Rental payments may be made either by Narco delivering a check to Cannon, or by Narco depositing a check payable to Cannon in the U.S. Mail, addressed to Cannon at the above address or at such address as Cannon shall hereafter provide in writing to Narco, on or before March 31 preceding the 12-month period for which such rental is being made. Thereafter, annually, in like manner and upon like payments or tenders of the rentals, this lease shall be maintained in full force and effect. 5. Saving Clause: If Narco fails to timely make a required annual lease payment(or a real property tax reimbursement as described in Paragraph 3.b), Cannon shall notify Narco by certified mail of such failure. Should Narco, within 30 days of receipt of such notice, fail to mail or deliver the required payment to Cannon, then this lease shall terminate as to both parties, subject to the rights of Narco to remove its equipment as elsewhere described herein. 6. Permit Period Provisions: The parties recognize that Narco, prior to commencing construction of its facility, must first obtain (i) a Use by Special Review from Weld County, Colorado to permit the use for which this Lease is granted, (ii) a permit from the Colorado Air Quality Control Commission, and (iii) other required governmental permits, subdivision exemptions, licenses and documents. Therefore, Narco has paid Cannon the sum of$1,000 as consideration for the granting of this Lease, and shall not owe Cannon the remaining $4,000 of the rental for the period from inception through March 31, 1994 unless and until all necessary permits, exemptions, licenses and documents have been obtained. Narco agrees to promptly apply for, and diligently pursue, all such permits. In the event any permit which Narco considers necessary for the facility is denied, or if Narco elects not to proceed with installation of the proposed facilities on the subject lands, then this Lease, upon notification in writing to Cannon by Narco of such election, shall terminate and be of no further force and effect, and the $1,000 paid to Cannon by Narco for the granting of this lease shall remain the property of Cannon. 9120-112 S 1368 Rr 02319633 01/27/93 14 : 39 $25 .00 2/005 F 0932 M. I ANN FEUERSTEIN CLERK & I .ORDER WELD CO, CO Within 30 days following the date on which Narco receives the last required permit, license or exemption or document, Narco shall pay Cannon the remaining $4,000 rental due for the period from inception through March 31, 1994. 7. Surrender of Lease: Narco shall not be obligated to commence or continue any operations during the term of this lease, but may at any time surrender this lease and be relieved of all obligations thereafter accruing by recording and delivering to Cannon a release; provided, however, that Narco shall be obligated promptly to restore the premises as near as practicable to their original condition and to remove all of its equipment and fixtures. Narco shall remove and replace any contaminated soil, and shall reseed the premises with appropriate natives grasses to ensure permanent vegetative cover. Narco shall be solely responsible for ensuring that the leased land is restored in compliance with all applicable environmental protection laws then in effect. 8. Damages: The initial consideration paid for this lease includes payment for use of the land and for damages to Cannon's land occasioned by the construction of the facility and the installation of pipelines and access roads to and from such facility; provided, however, that Narco shall pay for or repair damages caused by Narco's operations to any structures or similar improvements now on the lands covered by this lease, and for any and all environmental damages caused by Narco to the lands herein leased. 9. Fencing: Narco shall construct and maintain a chain link fence, at least six feet in height, around its facility on the leased land. 10. Taxes: Narco shall be solely responsible for payment of all ad valorem, personal property and similar taxes levied against the property of Narco which may be constructed or placed upon the lands herein leased to Narco. As discussed in Paragraph 3.b, above, Narco shall pay (or reimburse Cannon for) all ad valorem taxes levied against the lands herein leased to Narco. 11. Equipment Removal: Narco shall have the right at any time before or after termination of this lease to remove all or any part of its equipment, fixtures and pipelines on the leased lands. 12. Water Well: If Narco drills a water well for use in connection with the property, Narco, if requested by Cannon, shall transfer such well, together with all pumps, plumbing, and electrical fixtures, to Cannon upon abandonment, provided that Cannon first posts any necessary bonds and assumes all liability for such well and equipment. 13. Compliance with Laws: All operations shall be performed in substantial compliance with all rules, regulations and orders of the Environmental Protection Agency, the Colorado Oil and Gas Conservation Commission, the Colorado Air Quality Control Commission, and all other governmental agencies having jurisdiction. 14. Indemnification: Narco agrees to indemnify and hold Cannon harmless from and against all claims, actions, causes of action, damages and injuries to persons or property, including without limitation those relating to environmental protection, which may arise out of operations conducted by Narco or its assigns on the leased lands; provided, however, that if Cannon, under the provisions of Paragraph 16, below, has obtained reasonably satisfactory indemnity or bonding from the proposed assignee and consents to the assignment of Narco's interest, then Narco shall be released from all liabilities contained in this Paragraph 14 arising from activities after the date of Narco's assignment. The indemnity of Narco herein contained shall survive any assignment as to all claims arising out of activities under this lease prior to the date of Narco's assignment. 15. Assignment by Cannon: No change in ownership of Cannon's interest (by assignment or otherwise) shall be binding on Narco until Narco has been furnished with notice, consisting of certified copies of all recorded instruments or documents and other information necessary' to establish a complete chain of record title from Cannon, and then only with respect to payments thereafter made. No other kind of notice,whether actual or constructive, shall be binding on Narco, and Narco may continue to make rental payments precisely as if no change had occurred. No present or future division of Cannon's ownership as to different portions or parcels of said land shall operate to enlarge the obligations or diminish the rights of Narco, and Narco's operations may be conducted without regard to any such division. 16. Assignment by Narco: A material consideration for this lease is the financial stability and reputation of Narco, and any assignment of this lease (except to a wholly owned subsidiary of Montana Power Company) shall be expressly subject to the prior written consent of Cannon,which - 2 - 920"12 B 1368 REC U9633 01/27/93 14 : 39 55 . 00 3/005 F 0933 MARY ANN FEUERSTEIN CLERK & RECOrOER WELD CO, CO Cannon may deny only if the proposed assignee fails to establish to the reasonable satisfaction of Cannon its financial and technical capability to perform its obligations (including, but not limited to, those relating to environmental protection and indemnity) under this lease. Narco's assignee shall assume all obligations hereunder and shall furnish an indemnity or bond satisfactory in the reasonable judgment of Cannon, at which time Cannon shall then consent to the assignment in writing and release Narco from all further obligations under this lease. Following approval of such assignment, Narco shall furnish Cannon with copies of all instruments of transfer. Any attempt to assign without prior written consent of Cannon shall constitute a material breach of this lease and shall be cause for immediate cancellation by Cannon. 17. Processing of Cannon Royalty Gas. In the event Narco shall process gas for third parties (gas which is not owned or controlled by Narco) at the facility it constructs on the leased premises, Cannon shall have the option to build, at it sole cost, risk and expense, a line to deliver royalty gas of Cannon to the Narco facility, and Narco shall process such royalty gas on the same or similar terms and conditions as granted by Narco to third parties. In the event Cannon desires to exercise this option, the parties shall enter into a gas processing agreement similar in form and substance to those which Narco has with other third parties. Cannon's right to take royalty gas in kind must be established in each concerned oil and gas lease; this paragraph is not intended to afford Cannon any right to take in kind. This option is personal in nature, extends only to Cannon, and may not be assigned to any other party; provided, however, that if Cannon builds a pipeline to the facility and royalty gas is being processed at the time Cannon assigns this lease, then Narco shall continue to process such royalty gas as Narco is processing on the date of such assignment. 18. Warranty and Subrogation: This lease is executed by Cannon without any warranties of title, express or implied. Narco at its option may purchase or discharge in whole or in part any tax, mortgage or other lien upon the premises herein leased to Narco,or may redeem the same from any purchaser at any tax sale or adjudication, and shall be subrogated to the rights of the holder thereof. 19. Powers of Attorney and Further Assurances: Cannon,and its successors and assigns, as a matter of convenience, hereby make, constitute and appoint Narco, and any employees, agents or representatives of Narco,as Cannon's agents and attorneys-in-fact, to do all things the Cannon might do, to obtain any necessary permits, licenses and similar approvals or consents in connection with activities conducted under this lease. A copy of this Lease shall be as valid as the original for purposes of proof of the powers of attorney herein granted. Cannon agrees to promptly execute such instruments and documents as Narco may deem necessary or convenient to obtain any permit, license or similar consent from any governmental agency. 20. Headings: All headings herein are for convenience and shall not be considered when construing any of the provisions of this lease. 21. Binding Effect: This lease shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. IN WITNESS WHEREOF, this instrument is executed as of the date first above set forth. ,,,,,J,,,,,.,,,,,y,, ATTEST: G ,, CANNO AND ' P• I �f., o ' Mar Cannon, Secretary ` Brown . Cannon, r., Presi rat :- 7,1-3 : 4.J it ..t'G�� FS (``v EST: �! p�NORTH AMERICAN 4f VIA,I4,v,'. REST . ES CO GQ�kT J%RoBears, Assistant retary %ames J. finer, Vice President - 3 - 49^0-,•r2 B 1368 REC 319633 01/27/93 14 : 39 i 25 . 00 4/005 F 0934 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO STATE OF COLORADO ) ) ss. COUNTY OF Den,/e r ) 7,4- The foregoing instrument was acknowledged before me this ,Qo ` day of January, 1993, by Brown W. Cannon, Jr. as President and Margaret Cannon as Secretary of Cannon Land Company, a Colorado corporation, on behalf of said corporation. J1u J• o .. .......... Witness my hand and official seal. /, ` My commission expires: �Y `le) .. ,%4/9.s- Notarytiklblic'(lla o ...•y..3.s t ''m,ummaaa'. STATE OF MONTANA ) ) ss. COUNTY OF SILVER BOW ) The foregoing instrument was acknowledged before me this -flay of January, 1993,by James J. Benner as Vice President and Gloria J. Rogers as Assistant Secretary of North American 'Ress:Seec,Company, a Montana corporation, on behalf of said corporation. 11::1 ':•:`O�`iektness n y hand and official seal. ? p siop expires: (� _ _ O ..._:I 4-i 4 r ,Y ', t qqL Notary Public ar _ 4 _ T '''''...2 B 1368 REC C 19633 01/27/93 14 : 39 .5. 00 5/005 F 0935 MARY ni4N FEUERSTEIN CLERK & RECOA_ZR WELD CO, CO Exhibit A RENTAL DUE DATE RENTAL AMOUNT Inception $5,000 March 31, 1994 $5,250 March 31, 1995 $5,513 March 31, 1996 $5,788 March 31, 1997 $6,078 March 31, 1998 $6,381 March 31, 1999 $6,700 March 31, 2000 $7,036 March 31, 2001 $7,387 March 31, 2002 $7,757 March 31, 2003 $8,144 March 31, 2004 $8,552 March 31, 2005 $8,979 March 31, 2006 $9,428 March 31, 2007 $9,900 March 31, 2008 $10,395 March 31, 2009 $10,914 March 31, 2010 $11,460 March 31, 2011 $12,033 March 31, 2012 $12,635 March 31, 2013 $13,266 March 31, 2014 $13,930 March 31, 2015 $14,626 March 31, 2016 $15,358 March 31, 2017 $16,125 March 31, 2018 $16,932 March 31, 2019 $17,778 March 31, 2020 $18,667 March 31, 2021 $19,601 March 31, 2022 $20,581 March 31, 2023 and each March 31 thercafter, the prior year's rental amount plus 5%. 920 7'1.2 /- " € y i - / it onto 3 5E a N N V) 08 W' bEitii ₹ !' $ao & N VI } o 08 ili: <� n g 1R1 G gf• E jNyp:• s W yF '— i aI Jo Q* O O G €€. q r F. 1 _l 3 c &fF u E O ct W V S tt gm , g "" II OM I Z! 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