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Address Info: 1150 O Street, P.O. Box 758, Greeley, CO 80632 | Phone:
(970) 400-4225
| Fax: (970) 336-7233 | Email:
egesick@weld.gov
| Official: Esther Gesick -
Clerk to the Board
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931160.tiff
RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED SPECIAL REVIEW PERMIT FOR A NATURAL GAS PROCESSING AND COMPRESSOR STATION IN THE A (AGRICULTURAL) ZONE DISTRICT - NORTH AMERICAN RESOURCES COMPANY, C/O WILLIAM G. 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 10th day of November, 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, clo William G. Crews, 1223 28th Avenue, Suite 2, Greeley, Colorado 80631, for a Site Specific Development Plan and Amended 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 SE* SW,' SW* of 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: PL0905 931160 PL ; /t2; /V17A : OAS;,tS PLO 905 AMENDED SPECIAL REVIEW PERMIT - NORTH AMERICAN RESOURCES COMPANY, C/O CREWS PAGE 2 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. 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 could be permitted will be compatible with the future development of the surrounding agricultural area. 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. d. The property is not located within any municipal Urban Growth Boundaries. 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 Amended 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 Amended 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. Prior to recording the plat, a road maintenance and improvements agreement shall be submitted to and approved by the Board of County Commissioners. 931160 AMENDED SPECIAL REVIEW PERMIT - NORTH AMERICAN RESOURCES COMPANY, C/O CREWS PAGE 3 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of November, A.D. , 1993. �1 BOARD OF COUNTY COMMISSIONERS ATTEST: /��I III/�/�zA /J WELDS COUNTY, COLORADO Weld County Clerk' to[l�t'h(/e�/B,00aarlydl9 77-70172 it �� t BY: S(\'�� �/J (��, Const nce /LL... HH§rb/e/Jrt, Chairman �L.PC'E: ,L / ' ,1 // ��N'V i`�-Q iov i/ Deputy 4mlerk to the Board W. ^ ebster, Pro Tem / APPROVED AS TO FORM: crz,� - ( - /_..‘,-y -%Lc urge . Baxt r Coui ttor ey Dale . Hall / Barbara J. Kirkmey r 931160 SITE SPECIFIC DEVELOPMENT PLAN AMENDED SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS NORTH AMERICAN RESOURCES COMPANY, C/O WILLIAM CREWS AMENDED USR #1002 1. The Site Specific Development Plan and Amended Special Review Permit is for a natural gas processing 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. Two directional signs two feet by three feet shall be placed at the entrance and exit of this facility. These signs shall adhere to Section 42.4 of the Weld County Zoning Ordinance. 5. The existing emission permit(s) must be modified for the increased operation if the Colorado Department of Health determines that such a modification represents a significant change in emissions or production. 6. No permanent disposal of wastes shall be permitted at this site. 7. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 8. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 9. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 10. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 11. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. 931160 DEVELOPMENT STANDARDS - NORTH AMERICAN RESOURCES COMPANY, CIO CREWS PAGE 2 12. 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. 13. 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. 14. The property owner or operator shall be responsible for complying with all of the Development Standards set forth in USR #1002, which compliance shall be in addition to the requirement of compliance with the Development Standards set forth herein as required by Development Standard #13 above. Non-compliance with any of the Development Standards set forth in USR #1002 may be reason for revocation of this Permit and/or the Permit pursuant to USR #1002 by the Board of County Commissioners. 931160 HEARING CERTIFICATION DOCKET NO. 93-86 RE: SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED SPECIAL REVIEW PERMIT FOR A NATURAL GAS PROCESSING AND COMPRESSOR STATION IN THE A (AGRICULTURAL) ZONE DISTRICT - NORTH AMERICAN RESOURCES COMPANY, C/O WILLIAM G. CREWS A public hearing was conducted on November 10, 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 J. Kirkmeyer Also present: Acting Clerk to the Board, Shelly Miller County Attorney, Bruce Barker Planning Department representative, Monica Daniels-Mika The following business was transacted: I hereby certify that pursuant to a notice dated October 11, 1993, and duly published October 28, 1993, in the Windsor Beacon, a public hearing was conducted to consider the request of North American Resources Company, c/o William G. Crews, for a Site Specific Development Plan and Amended Special Review Permit for a natural gas processing and compressor station in the A (Agricultural) Zone District. Bruce Barker, County Attorney, made this a matter of record. Monica Daniels-Mika, Planning Department representative, entered the favorable recommendation of the Planning Commission into the record as written. Ms. Daniels-Mika indicated the road maintenance agreement for Weld County Road 22, which was a Condition of Approval for this Permit, was approved by the Board this morning. William Crews, Agent, represented the applicant and stated that, basically, the amendment will enable the facility to receive natural gas liquids. He explained Amoco and Public Service both requested facilities at this site to improve communication and monitoring. Mr. Crews said Amoco's facility is installed and this Permit would allow Public Service's facility to be installed. He said no additional heavy-truck traffic is anticipated because the facility on Weld County Road 19 will be phased out. Mr. Crews explained what equipment is already constructed and on site and indicated the fractionation equipment would be installed next spring. In response to several questions from Commissioner Kirkmeyer, Ms. Daniels-Mika said the site is in the Platteville Fire Protection District; however, there was no comment received from said District. Mr. Crews also responded by indicating the emergency plan includes emergency and fire equipment on the premises, with the procedures being: shutdown, evacuation, then contacting the Fire District. Ms. Daniels-Mika further explained the District is actually split down the road with Fort Lupton Fire Protection District who indicated it would probably be the first to respond to an emergency. Fort Lupton has the information on this facility and indicated no problems with the site. In response to a question from Commissioner Hall, Ms. Daniels-Mika said all Conditions of Approval and Development Standards are either new or those not met for the original Permit. She confirmed there was no language concerning fire protection in the original Permit. Commissioner Webster read OSHA's requirements presented by the applicant. After Commissioner Kirkmeyer stated further concerns about fire safety, Ms. Daniels-Mika said the Health Department's comments primarily concerned waste disposal. Mr. Crews made further comments and assured the professionally engineered design affords maximum separation of the tanks. Mr. Barker questioned whether the Development Standards contained in the Planning Commission's Resolution were intended 931160 cC : RE: HEARING CERTIFICATION - NORTH AMERICAN RESOURCES COMPANY, C/0 CREWS PAGE 2 to be in addition to those in the original Permit. Ms. Daniels-Mika explained the original Development Standards were already met and the new ones can stand alone or be additional. Chairman Harbert suggested the original Permit be made a part of the Amended Permit. Mr. Barker recommended adding a Development Standard #14 requiring the applicant to comply with the Development Standards in the original USR #1002, in addition to those in Amended USR #1002. He clarified for Ms. Daniels-Mika that only the Development Standards for the Amended Permit need to be recorded on the plat, since the original Permit has already been recorded. Mr. Crews requested Public Service be allowed to obtain the necessary building permits prior to recording the plat in order to proceed without delay. Chairman Harbert indicated the proceedings would be at their own risk, and Mr. Barker confirmed that request could be added to the motion. Commissioner Kirkmeyer moved to approve the request of North American Resources Company, c/o William G. Crews, for a Site Specific Development Plan and Amended Special Review Permit for a natural gas processing and compressor station in the A (Agricultural) Zone District, based on the recommendations of the Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards as entered into the record and the addition of Development Standard #14, as recommended by Mr. Barker, and to allow the issuance of building permits to Public Service to proceed at its own risk. The motion was seconded by Commissioner Baxter. No public testimony was offered concerning this matter, and the motion carried unanimously. This Certification was approved on the 15th day of November, 1993. /A �// /, APPROVED: ATTEST: ri4"iyf a BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk to the Board 41c By: A ,<y-r /A hf l Constance L Hapbect, Chairm Deputy Cler to the B ard� /i J � W. Webster, -Tem TAPE #93-39 George. Ba er DOCKET #93-86 ale, K. Hal PL0905 /Barbara J. Kirkme er 931160 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 10TH DAY OF NOVEMBER 1993: DOCKET It 93-86 - AMENDED SPECIAL REVIEW PERMIT, NORTH AMERICAN RESOURCES COMPANY, C/O CREW DOCKET It 93-78 - AMENDED SPECIAL REVIEW PERMIT, LAIDLAW WASTE SYSTEMS (COLORADO) , INC. DOCKET It DOCKET It PLEASE write or print your name legibly, your address and the DOCKET II (as listed above) or the name of the applicant of the hearing you are attending. NAME ADDRESS HEARING ATTENDING 9AR2-Y r(41.- 4C ((5 (A,/, Ifor (-/(( x) Si S , & ( e)2( ,: <)rcr. lac., JCL Ise,- zz 3 1/,.s A,,arre,23 /c9,23 gis-��a, 14 vc4.(4, ( l k,d 101-1: Le-O 1- t c& 1 3 ?-e kwN Q 4 , 4e I /Mr 5-5 24 i Q4Ca ;--)c, C"Y '!u'r1i 'L I. U. 6 �S /7 L-/twL) Cc, ,'�G{,... 0 Ai G 1.2 Sees 77 i3iq/f Obt r, A. Lfeek 1012 %4 FS Co %4 / (Arc( /050i7dS /eNvittCo . fkzec s--- 773 C., / K /tcFil4d /l/ &ao ervity a) Eel& �/f�i cz� ,z n l'Jf'� ? L 7S t =v� .�t , fix C t��, //AL— l - \ Ac\t,( w?;,a t,A 1,' sVgvs ItiA a A C--k• C,9, 4' < N i “,� 517;14. ..69 NOT I C E The Board of County Commissioners of Weld County, Colorado, on November 10, 1993, conditionally approved a Site Specific Development Plan and Amended 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 G. Crews 1223 28th Avenue, Suite 2 Greeley, Colorado 80631 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 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 �%� `A T THE BOARD ,} BY: i` Deputy Cl7 rk to the Board PUBLISHED: November 18, 1993, in the Windsor Beacon SW AFFIDAVIT OF PUBLICATION The Board of County Commissioners of Wald STATE OF COLORADO County,Colored,.ort November 10, 1DM, SS aeration*ammonite COUNTY OF WELD Site SPOIWil Development PIM Geld I, KEITH HANSEN, of said County of Weld, being duly Amt..Permit SPOOR sworn,say that I am publisher of MNela fatl the ppwty and purpee OsiliWild, beet WINDSOR BEACON cailleml ism"t s ! °r N n a weekly newspaper having a general circulation in said p Tea wt S N t County and State, published in the town of WINDSOR, Tide $4CO,.,M in said County and State; and that the notice, of which silrrd d,Ito SWIM el the annexed is a true copy, has been published in said tweei sw. weekly for ' successive weeks, that the notice APPLICANT: Nash was published in the regular and entire issue of every American Recourses number of the paper during the period and time of Csatpeey,do Willem publication, and in the newspaper proper and not in a O.Crews, 1223 SIIW supplement, and that the first publication of said notice Avenue, Suite I. was in said paper bearing the date of the Greeley, Colored* �.�,! p ~� 'O 'day of 4 ,,,,,,,ti , AD., 19 Li and LEGAL DESCRIPTION the last publication bearing the date of the Part of the SE 114 SW Intl 1/4 of Sedan day of , AM., 19_ and 11,Tewnshlp2 North, Ramps Me West of tM that the said WINDSOR BEACON has been published edt PAL,Weld County, continuously and uninterruptedly for the period of 5 Cdwado consecutive weeks, in said County and State, prior to the 7t/FE AND INTENSITYdate of first publication of said notice, and the same is a OF APPROVED USE:A newspaper within the meaning of an Act to regulate natter gas processing printing of legal notices an advertisements, approved rid eempnur station May 18, 1931,and all prior cts ar as in force. in the A (Agricultural) / Rrr MenloSIZE OF PARCEL: 10 wee,more or less ` PUSHER F .to abide by the /C•77i. lenae end conditions of Subscri d and sworn to before me this__ day applewl wil result ins of 19 %3 Whig a of the veiled • PISS dim- ,. 'lei s-I `. 1h -,n r ,c J AM or COUNTY ROAMNOTARY PUBLIC 1OYMISSIONERS,WELD COUNTY, My commission expires "`���J1p 2, / I COUIRADO IV: DONALD D. NMDEN,CLERK TO TIESOARD BY: Shelly K. Miller, Deputy Clerk to the Board PeWelosiV-to 1M Nlaleee all M Maaaretr!lla 9 :.fl60 DEVELOPMENT STANDARDS - NORTH AMERICAN RESOURCES, CO, C/O CREWS 14 . The property owner or operator shall be responsible for complying with all of the Development Standards set forth in USR #1002, which compliance shall be in addition to the requirement of compliance with the Development Standards set forth herein as required by Section 13 above. Non-compliance with any of the Development Standards set forth in USR #1002 may be reason for revocation of this permit and/or the permit pursuant to USR #1002 by the Board of County Commissioners . J:1.169 DESIGNATION OF AGENT AMENDMENT OF WELD COUNTY USE BY SPECIAL REVIEW NO. 1002 NORTH AMERICAN RESOURCES COMPANY ("Narco"), a Montana corporation whose address is 16 East Granite, Butte, Montana 59701, does hereby make, constitute and appoint WILLIAM G. CREWS, whose business address is 1223 28th Avenue, Suite 2, Greeley, CO 80631, its lawful agent to obtain, for Narco and in Narco's name, an amendment to Use by Special Review No. 1002 for Narco's gas processing and compressor facility located in the SE' SW' SW'of Section 11, Township 2 North, Range 66 West, Weld County, Colorado. The powers herein granted to William G. Crews are specifically limited to the powers: 1. to appear on behalf of the corporation before the Weld County Planning Commission, the Board of Weld County Commissioners, and such other regulatory or governmental agencies, boards or commissions as William G. Crews may deem necessary to obtain an amendment to Weld County Use by Special Review No. 1002 to include, among other items, the natural gas liquid receiving and transmission facilities of Amoco Pipeline Company and the natural gas receiving, odorizing and transmission facilities of Public Service Company of Colorado among the uses for which the amended Use by Special Review is issued. 2. to tender payments on behalf of Narco in connection with the foregoing; 3. To execute applications, amendments, consents, plats, agreements and other documents or instruments which are necessary to apply for and obtain such an amendment of USR No. 1002; 4. To do such other acts,whether or not specifically set forth herein, as William G. Crews may deem necessary to obtain the amended Use by Special Review on behalf of Narco. 5. Narco hereby confirms and ratifies the acts of William G. Crews in obtaining USR No. 1002 and acknowledges that his signature on the USR No. 1002 Plat executed April 21, 1993 and recorded in Book 1380 under Rec. No. 2330304 was and is authorized by Narco. This Designation of Agent shall remain in full force and effect until midnight of the tenth day following the date of the meeting of the Board of Weld County Commissioners at which approval of Amended USR No. 1002 is granted; through November 30, 1993; or until a written revocation of this Designation of Agent shall be received by William G. Crews, such revocation to be sent via certified mail or express delivery service to William G. Crews at his address set forth above. IN WITNESS WHEREOF, this instrument is executed this 8 '' day of November, 1993. ST: NOR RICAN OIIKCFS COMPANY Gloria J. Rogers, Asst. retary ames J. Benner, Vice President [acknowledgment attached] 9^ 11gO STATE OF MONTANA ) ) ss. COUNTY OF SILVER BOW ) The foregoing instrument was acknowledged before me this day of November, 1993, by James J. Benner as Vice President, and by Gloria J. Rogers as Assistant Secretary of North American Resources Company, a Montana corporation, on behalf of said corporation. Witness my hand and official seal. My commission expires: C * „ 2A-1lgfly- - Notary Public 9'1"69 r T 0 G.. F 2 g o M RgI fot. il `' -€ .. ill d W =S to >— ii I I d f ), 9 It: s t 5 Q Pit O1O ! TZ cc L ui— dI m .. ti Eac a. 1 S Igi Z ik O V8 z ww hIE lzil :ill it sf f lE own m = s4 z W I Nsuuatall N3d ' Q v c O• Wa .W _.ce I 'y / /‘ / \‘‘1O). ,//J '' / t �Y`���` _� / _ 1, T //// /'/ /'/ . 3 5� g;h0=,__7f,/ / , , 5g ,,. � / u / /. / / a / , w // / / / �! e• ' / /, /a d g / / , / y lilt ' /'' �, ,/ /// /��/ i a ,/ lk 3 w • i'/ d // 11 �c s irk I / I , / Y illll; i Q /// �I,/ /i,/ 4_X"_II 62!'71�' 1 2 /' /-1 ii1 ,/ I;µ11. 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D ' - - - o c,o fit f / nil ti s fit D / / Tom— // / W ° G7 6 fl / / / / — ° vt / / 3 �. / r Il I4/ i / / / / / / i a �\ I /' / • / Arses- //'/ / , 1 W III 3 r / z F1p/ oO L /' I ,/ ' ,� / oa 11 / iv (p // /�� //`'�—i� � it/_ x / F.LJt/ /,I, , i/ / W /% _8-� Id /' «y» i Yie ° I Woo/ v Ii :W z 4C N � /r I � J/I, I I 1 �I I I l °I .( 71 I y'� ` '� ,- I �' F— d '! /' / /� 9 / /� 3 /} o , ,� :a I / I�IS ta t>-"i / _ / // „ r, / •i ,— ) I ° h° /' / i r, Yi / / / ////// i b 'W / i A / / / / /t ///' ` (n $ /' / �/ / / / i ,// ,/ 0 I,P (R ---/ yamy - / / / t ag-. W / /� a O 3 / / / :2 i/ // °= I/ j •kAt — y n I. 7// // / T 1// \\� >' k 1 \ • ' /-` / , / // M/ 4// 4,` # // // // ,/� // `,\‘____ f / / // / p*/ / / SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING November 2, 1993 A regular meeting of the Weld County Planning Commission was held November 2 , 1993, in the County Commissioners' Hearing Room (Room #101) , Weld County Centennial Building, 915 Tenth Street, Greeley, Colorado. The meeting was called to order by the Chairperson, Judy Yamaguchi, at 1:30 p.m. Tape 451 Roll Call Richard Kimmel Present Present Bill O'Hare Shirley Camenisch Present Bud Clemons Present Marie Koolstra Present Present Ron Sommer Juliette Kroekel Absent Absent Tom Rulon Present Judy Yamaguchi Also present: Monica Daniels-Mika, Current Planner; Bruce Barker, County Attorney; Sharyn Ruff, Secretary. CASE NUMBER: Amended USR-1002 NAME: North American Resources, c/o William Crews ADDRESS: 1228 28th Avenue, Suite 2, Greeley, Colorado 80631 REQUEST: A Site "Specific Development Plan and an Amended Special Review permit for a natural gas processing 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 31. Bill Crews, representative, North American Resources, gave an overview of the original Special Review permit which is in various stages of construction at this time. This amendment to the Special Review permit consists of clarification of the approval by the Board of County Commissioners for a 25 foot access road opposed to the 35 feet stated in the original permit, a building permit has been obtained to house Amoco' s acceptance equipment for better communications and proximity to the site. The addition has been shown on the mylar plat for Public future Service' s equipment location. Time-frame and various uses of production equipment on the site were discussed. CJ I Gvh',h, A F— SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING November 2, 1993 Page 2 The Chairperson asked if there was anyone in the audience who wished to speak for or against this application. No one wished to speak. The Chairperson asked North America Resources if they had any concerns regarding staff' s recommendation. Bill Crews said he would like to see Development Standard Number 4 regarding signage to be reduced from 3'x 4' to 2'x 3' for compatibility with other signs throughout the facility. Monica Daniels-Mika, said staff had no problem with this proposed change. Bud Clemons moved to amend Development Standard Number 4 to read "2 foot by 3 foot" instead of "three foot by 4 foot" . 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; Shirley Camenisch - yes; Bud Clemons - yes ; Marie Koolstra - yes; Ron Sommer - yes ; Judy Yamaguchi - yes. Motion carried unanimously. Bud Clemons moved Case Number Amended USR-1002, North American Resources, c/o William Crews, be forwarded with the amendment to Development Standard Number 4, to the Board of County Commissioners with the Planning Department' s 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; Shirley Camenisch - yes ; Bud Clemons - yes; Marie Koolstra - yes; Ron Sommer - yes; Judy Yamaguchi - yes. Motion carried unanimously. Meeting adjourned at 3:55 p.m. Respectfullcubm ed, Sharyn F. Ruff Secretary gin BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS . - 'fl. r ' Moved by Bud Clemons that the following resolution with the amendmentcte-' Development Standard Number 4, be introduced for passage by the Weld' County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: Amended USR-1002 NAME: North American Resources, c/o William Crews ADDRESS: 1228 28th Avenue, Suite 2, Greeley, Colorado 80631 REQUEST: A Site Specific Development Plan and an Amended Special Review permit for a natural gas processing 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 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 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 could be permitted will be compatible with the future development of the surrounding agricultural area. 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 property is not located within any municipal Urban Growth Boundaries. No overlay districts affect the site. L-XI)/h/ 7/ 6 :1 4 E!1 RECOMMENDATION, Amended USR-1002 North American Resources, c/o William Crews Page 2 Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Planning Commission' s recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. 2. Prior to recording the plat a road maintenance and improvements agreement shall be submitted to and approved by the Board of County Commissioners. Motion seconded by Bill O'Hare. VOTE: For Passage Against Passage Richard Kimmel Bill O'Hare Shirley Camenisch Bud Clemons Marie Koolstra Ron Sommer Judy Yamaguchi The Chairperson declared the resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Sharyn Ruff, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County, Colorado, adopted on November 2, 1993. Dated the 2 d of Novem r, 1993. Parcia}ti yn F. Ruff kiCc" Secretary SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS North American Resources, c/o William Crews Amended USR-1002 1. The Site Specific Development Plan and Amended Special Review permit is for a natural gas processing 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. Two directional signs two feet by three feet shall be placed at the entrance and exit of this facility. These signs shall adhere to Section 42.4 of the Weld County Zoning Ordinance. 5. The existing Emission Permit(s) must be modified for the increased operation if the Colorado Department of Health determines that such a modification represents a significant change in emissions or production. 6. No permanent disposal of wastes shall be permitted at this site. 7. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 8. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 9. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 10. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 11. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. On DEVELOPMENT STANDARDS, Amended USR-1002 North American Resources, c/o William Crews Page 2 12. 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. 13. 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. QniAigin INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant: North American Resources Case Number: Amended USR-1002 Submitted or Prepared Prior to Hearing At Hearing 1. Application 17 pages X 2. Application plat 1 page X 3. DPS referral summary sheet and letter X 4. DPS letter to applicant X 5. DPS Recommendation X 6. DPS Surrounding Property Owner/Mineral Owner X Mailing list, letter and certificate. 7. 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. Planning Commission members field check X 12. October 16, 1993, referral response from X the Weld County Health Department 13. October 6, 1993, referral response from the X Weld County Engineering Department 14. October 21, 1993, referral response from the X City of Ft. Lupton 15. October 25, 1993, referral response from the X Division of Water Resources 16. October 29, 1993, letter from Don Carroll, X Weld County Engineering Department 17. March 18, 1993, letter from William G. Crews, X CPL 18. Drainage report for the site prepared by Jasper X Freese 19. Planning Commission sign posting certificate X 20. November 4, 1993, letter from William G. After Hearing Crews, CPL I hereby certify that the 20 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office on November 5, 1993. _ Curre t Planner rr' STATE OF COLORADO ) COUNTY OF WELD ` SUBSCRIBEp fAND- SWORN TO BEFORE ME THIS ,45C4-day of 0., 1�, 19 C-3 SEAL ,. � r••...... � NOT Y PUBL C My Commission Expires niodw40U�d-\( i c Ah/h//fh 9,2:14.69 . EXHIBIT INVENTORY CONTROL SHEET Case 4-MUSl2 /Lo/-t4 Amer/can /cis vzc2 ciao��. /2/in C'€w� Exhibit Submitted By Exhibit Description 7%6 A. le-,/t-e661/77 d rzzs-La- L ea-z. /ugL.u,f9 A /a d • /6�/1 B. ( trX -4 toll.,ww d /&3d/L An ran/By nea -G . 1/ c. 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Z. 9 ts.69 Ani �is� /Oa c)‘ AMENDED USE BY SPECIAL REVIEW APPLICATION Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631 Phone - 353-3845 - Ext. 3540 Case Number Am osiz OO2, DateReceived Application Checked by rn pm Mylar plat submitted Application Fee n-IOm WO' 1°15>O Receipt Number Recording Fee Receipt Number NORTH AMERICAN RESOURCES COMPANY hereby requests a hearing before the Weld County Planning Commission and Weld County Board of County Commissioners concerning amendment of Use by Special Review 1002 (for a natural gas processing and field office facility in an A (Agricultural) Zone District) covering the following described unincorporated area of Weld County, Colorado: LEGAL DESCRIPTION OF AMENDED SPECIAL REVIEW PERMIT AREA: Township 2 North, Range 66 West, 6th P.M. Section 11: SE'/<SWV4SW'/a,more particularly described as Lot 'A'of Recorded Exemption 1309-11-3-RE1474 PRESENT ZONE A tAgriculture) OVERLAY ZONES none TOTAL ACREAGE 10 acres, more or less PROPOSED LAND USE Natural gas processing/compressing, field office, agriculture (grazing) EXISTING LAND USE Natural gas processing and compressing, 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 AMENDED USR AREA: Cannon Land Company 36 Steele Street, Suite 250 Denver, CO 80206 MINERAL OWNERS AND LESSEES OF MINERAL RIGHTS WITHIN THE AMENDED 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 /-/9-e, Subscribed and sworn to before me this--'r day of September, 1993. --- My commission expires:/l.' Notary Public 931.4 C9 ATTACHMENT to APPLICATION FOR AMENDED USE BY SPECIAL REVIEW 1002 North American Resources Company September 29, 1993 This Application for Amended 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 AMENDED USR AREA AND ADJACENT SURFACE ESTATES Exhibit B: AFFIDAVIT OF INTEREST OWNERS-MINERAL ESTATE- WITHIN THE AMENDED USR AREA Exhibit C: COPY OF GAS PROCESSING FACILITY LEASE Exhibit D: COPY OF GRANT OF EASEMENTS - Narco/Amoco Exhibit E: COPY OF GRANT OF EASEMENTS - Narco/PSCo A plan map (including a vicinity map)of the Amended USR area and contiguous lands is also a part of this application. A reproducible mylar of such plan map is also submitted herewith. PROPOSED USE: By this Application, North American Resources Company ("Narco") seeks to amend Use by Special Review 1002 (the "USR") to permit construction of facilities to receive and measure processed natural gas and liquids extracted in the course of processing, and to allow use of the plant office by field personnel of Narco as well as plant employees. The original USR was for construction and operation of a natural gas processing and compression facility in the SE'/4SWV44SWV4 of Section 11,Township 2 North,Range 66 West,6th P.M.,Weld County,Colorado. The facility removes hydrocarbon liquids, condensate and water from natural gas, recompresses the gas, and transmits it off of the premises by pipeline. The recovered liquids, depending on their type, will be 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. At the time of application for the original USR, it was contemplated that Narco would build pipelines, to sites distant from the gas plant, to both Amoco Pipeline Company ("Amoco"), which purchases the processed liquids, and to Public Service Company of Colorado ("PSCo),which is one of the purchasers of processed gas. Subsequent to the granting of the USR,Amoco and PSCo both concluded that their points of liquid and gas receipt should be on the plant site itself, thus eliminating some pipelining and increasing communication between the plant and transporters. In addition,Narco has determined that utilization of the office space for its field personnel will increase communication between employees having both plant and field duties. The principal equipment and buildings already built or expected to be constructed at the site, now and as the need arises in the future, are as follows: 4 Compressors 2 Compressors-future 1 Regenerator Gas Heater 2 Condenser/coolers 1 JT Refrigerated Process Skid 2 Cryogenic Skids 1 Dehydrator Skid 2 Fractionation Units 3 30,000 gallon product storage tanks 1 Flare Unit 2 210-barrel (42 gal.) Condensate Drip Tanks 2 210-barrel (42 gal.) Water Tanks 1 Office/Restroom/Warehouse Building 1 Control Room 1 Septic Tank System 1 Water Well - Commercial/Exempt (for restroom facilities) 1 Loading/Unloading Rack 91:1. _69 1 Pipeline Slug Receiver 1 Air Compressor Shed 1 300-gallon Methanol Storage Facility 1 Natural Gas Liquids Metering Facility (Amoco) 1 Office/Control Room 1 Telemetry Station 1 Meter Skid 1 Meter Prover Skid 1 Meter Equipment Shed & Equipment 1 Gas Metering Facility (PSCo) 2 Filter Separators 1 Quality Control Building with Instrumentation 1 Meter Building with Instrumentation 2 1000-gallon Odorant Tanks Storage tanks for lubrication oil, glycol and other supplies used at the plant. The sizes of all tanks listed herein are approximate, since plant gas composition at the inlet may require larger or more tanks to properly process the gas and extracted liquids. The list of equipment is for general guidance in evaluating this application and is not intended to be inclusive or exhaustive. Equipment will be substituted or added as necessary for the proper and economic functioning of the plant, and this Amended USR is intended to cover such substitutions and additions provided they do not alter the purposes for which this Amended USR is sought. All skids and buildings will be located upon reinforced cement pads of such thickness as may be required by good engineering practices and by the Weld County Building Inspection Department. The equipment has been or will be connected by pipes and valves which will be assembled and/or welded on the site. 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 industry transmission and user specifications. The plant will be capable of processing up to 25 million cubic feet of natural gas per day. Since constructing the plant,Amoco and PSCo have both requested that their receiving equipment be located on the plant premises to avoid construction of unnecessary pipelines and to greatly facilitate communication between the plant and the respective purchasers/transporters of refined products. Due to some employees having duties both in the field and at the plant, the use of the office for both plant and field personnel of Narco will increase communication and employee effectiveness. EXISTING USES: The USR area and surrounding land are located approximately four miles north and three miles east of Ft.Lupton and, until construction of the plant, had 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 (now KN Wattenberg Transmission L.L.C.) 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 KN gas compression facility in the NW'/a of Section 14. No occupied homes are located within a mile of the 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 plant 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. In addition, the office 2 4-i.*e rt building is expected to serve as the central office for Narco's field employees and field clerical personnel (currently six employees). The Amoco and PSCo equipment will not be manned. WATER: Water will be provided for employee rest rooms from a water well (commercial-exempt) drilled at the facility. Less than one-third of an acre-foot of water will be used annually. ACCESS: Access is 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. Extracted hydrocarbons will be pipelined off of the premises. After fractionation equipment is added, removal will be by trucks carrying up to approximately 200 barrels (42 gallons/barrel). Construction of the facility as originally proposed is almost complete. The only remaining work involves installation of the PSCo equipment (expected to take less than one month) and ongoing revegitation. All men and equipment will be accessing the site from WCR 22. SEWAGE: Adequate sewage facilities (septic tank)have been installed to provide sanitary facilities for personnel and guests at the plant under the original USR. These facilities are adequate for the additional field office personnel. 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 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 30 days after commencement by PSCo. Operation: Until no longer needed. COMPREHENSIVE PLAN: The processing of and transportation of natural gas, and office uses for field personnel, have 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 amended permit is sought. Consolidation of the Amoco and PSCo receiving equipment at the plant site is an example of industry cooperation to consolidate like uses, avoid taking more agricultural land out of production, and prevent additional visual pollution. The field office currently used by Narco's personnel at 8341 WCR 19 is not expected be used in the near future once the employees begin officing at the plant office. AGRICULTURAL PRESERVATION: The land is not irrigated and a minimal amount of grazing land was used for the gas plant. No additional agricultural land will be taken out of production by the Amoco and PSCo facilities, which are within the borders of the original USR Area. 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. 3 9 14.69 COMPATIBILITY: The area surrounding the USR area should not be adversely affected by the intended additional equipment. 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 is obtained from the water well (commercial-exempt) on the premises. A permit has been obtained for such well and was provided to the Weld County Planning Department. PROOF OF INTEREST: A copy of the Gas Processing Facility Lease between Cannon Land Company and Narco is attached hereto as Exhibit C. Copies of the Grant of Easements from Narco to Amoco and PSCo are attached hereto as Exhibits D and E. NOISE REPORT: Waiver is hereby requested. The plant will be in compliance with applicable Colorado Revised Statutes governing noise. SOIL REPORT: Copies of the soil type descriptions (Valent sand,0-3% or 3% to 9% slopes) from Soil Survey of Weld County, Colorado, Southern Part published by the Soil Conservation Service, United States Department of Agriculture, were submitted with the original USR application. The soil is adequate to support all necessary concrete foundations for equipment. DRAINAGE PLAN: The Freese Engineering drainage plan submitted in connection with the original USR will still be valid. The additional equipment to be installed will not appreciably affect drainage, and the retention pond will be enlarged as necessary to accommodate any additional stormwater drainage. A stormwater permit was applied for in connection with construction under the original USR. 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. 4 EXHIBIT A AFFIDAVIT OF INTEREST OWNERS SURFACE OF AMENDED USR AREA AND ADJACENT SURFACE ESTATES Amended 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: SE'SWY4SWV4, more particularly described as Lot 'A' of Recorded Exemption 1309-11-3-RE1474 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: 1309-11-0-00-004 (under lease to Narco) Cannon Land Company 36 Steele Street, Suite 250 Denver, CO 80206 Surface owners of property within 500 feet of the USR Area: 1309-11-0-00-005 Cannon Land Company 36 Steele Street, Suite 250 Denver, CO 80206 1309-14-0-00-014 KN Wattenberg Transmission L.L.C. c/o Panhandle Eastern Pipe Line Company Box 1642 Houston, TX 77251 1309-14-0-00-020 Dakota Warner 217 So. Park Avenue Ft. Lupton, CO 80621 William G. Crews Subscribed and sworn to before me this7day of September, 1993. is My commission expires: -4 /f- - /e/r (c otary Public 9 u1.'69 EXHIBIT B AFFIDAVIT OF INTEREST OWNERS MINERAL ESTATE Amended 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: SEV4SWYSWV4, more particularly described as Lot 'A' of Recorded Exemption 1309-11-3-RE1474 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, based upon information obtained from the tract index and the SKLD computer index of Transamerica Title Insurance Company of Greeley. 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 day of September, 1993. My commission expires: - - �(P / Notary Public $ 1.4.6n AR�319b3J Exhibit C B 1368 REC .319633 01/27/93 14 : 39 $25 . 00 1/005 F 0931 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 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: SEV4SWY4SW', 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 are 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. 92:14.69 B 1368 RE 02319633 01/27/93 14 : 39 $25 . 00 2/005 F 0932 MARY ANN FEUERSTEIN CLERK & REcORDER 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 - 3:1.4.60 B 1368 REC 0 19633 01/27/93 14 : 39 25 . 00 3/005 F 0933 MARY Arm FEUERSTEIN CLERK & RECOh..ER 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. A 1 1 E f ST: CANNO n AND ' P .. .f. 01 l M gar Cannon, Secretary Brown , Cannon, I r., Presi _pt -RSp 15 A TEST: gip_, J�` �7 NORTH AMERICANC',` RES ES CO l vs-•.QIQtria J�Ro&srs, sistant a retary ames J. ner, Vice President �; ...kT � - 3 - 53-31.4.69 B 1368 REC 0 19633 01/27/93 14 : 39 25 . 00 4/005 F 0934 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO STATE OF COLORADO ) ) ss. COUNTY OF .men✓e r ) The foregoing instrument was acknowledged before me this ,90 — 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. 0 Witness my hand and official seal. r' 31)x, My commission expires: a&/� Q. —; /0A2 �/qs- Notary,• Ali lic�L N ;,, // ; r.,3.51 ` q'hry411„ii%' ''' STATE OF MONTANA ) ) ss. COUNTY OF SILVER BOW ) The foregoing instrument was acknowledged before me this2 7"-'day of January, 1993,by James J. Benner as Vice President and Gloria J. Rogers as Assistant Secretary of North American R'esoirti<es Company, a Montana corporation, on behalf of said corporation. r'L •`O1\T ness my hand and official seal. SNIV etnt issssic2it expires: • 0LL._, 1�ci y Notary Public - 4 - B 1368 REC 0' 1.9633 01/27/93 14 : 39 5 . 00 5/005 F 0935 MARY h,.,4 FEUERSTEIN CLERK & REC0K__;R 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 thereafter, the prior year's rental amount plus 5%. S21'!f9 B 1393 REC 02342732 07/26/93 10 : . J0 1/003 /1/64-(1 1544 MARY ANN FEUERSTf CLERK & Exhibit D VELD CO CO 578 7:02^' GRANT OF EASEMENTS AR 2342732 THIS GRANT OF EASEMENTS is made this 15th day of June, 1993, by and between NORTH AMERICAN RESOURCES COMPANY,a Montana corporation, 16 East Granite,Butte, MT 59701 ("Narco"), as Grantor; and AMOCO PIPELINE COMPANY, a Delaware corporation, 1 Midamerica Plaza, Suite 300, Oakbrook Terrace, IL 60184 ("Amoco"), as Grantee. 1. Background. Narco is the lessee and owner of that certain Gas Processing Facility Lease (the "Gas Plant Lease") dated January 15, 1993, recorded in Book 1368 under Rec. No. 2319633, between Cannon Land Company ("Cannon"), as Lessor, and Narco, as Lessee, which Lease covers the SEV4SWV4SWV. of Section 11, Township 2 North, Range 66 West, 6th P.M., Weld County, Colorado. Amoco has agreed to take natural gas liquids from Narco's gas processing facility and, by this instrument, Narco grants Amoco three easements in said SEV4SWVSW'/4 to enable Amoco to transport these natural gas liquids from the facility. 2. Grant of Easements. For$100 and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, NARCO does hereby grant, sell and convey to AMOCO, its successors and assigns, the three easements described below on,over and across Lot'A'of Recorded Exemption No. 1309-11-3-RE1474,recorded in Book 1380 under Rec.No.2330303,being essentially the SEVSW'14SW'of said Section 11, Cannon's lands in the SE'h of Section 10 and the SW'/SW'/. of Section 11,Township 2 North, Range 66 West, 6th P.M.,Weld County,Colorado, for the purpose of constructing, maintaining and operating equipment for the compression and transmission of natural gas liquids obtained from Narco's Ft. Lupton Gas Processing and Compression Facility on said Lot 'A'. The easements herein granted are more particularly described as follows: A. An easement 80 feet in width by 90 feet in length on the west side of said Lot 'A' for buildings and equipment for the measurement and transportation by pipeline of liquids extracted from natural gas; B. An easement for a buried natural gas liquids line across said Lot'A' from the south line thereof to the south line of the 90' parcel described in Paragraph A, above; and C. An easement for a buried electrical conduit from the power source of United Power Company on Lot 'A' to the south line of the parcel described in Paragraph A, above. All pipelines constructed or to be constructed under this easement shall be buried at sufficient depth below the surface of the ground to permit normal cultivation, and Narco shall have the right to fully use and enjoy the premises over and beneath which any pipeline or electrical conduit is constructed, subject to the rights of Amoco herein granted. 3. Covenants and Agreements of Amoco. By its acceptance hereof, Amoco agrees as follows: A. Improvement Location Certificates. Amoco, following installation of each pipeline or buried conduit installed hereunder, shall have an improvement location certificate prepared by a licensed surveyor which indicates the location of such line(s), and shall record such certificate in the real property records of Weld County. B. Damages to Narco Improvements. Amoco shall pay Narco for all damages to Narco's improvements that may arise from the exercise of the rights herein granted to Amoco, and, in addition, shall pay Cannon, in accordance with the Gas Plant Lease, for all damages suffered by Cannon. C. Narco Right to Terminate. If Amoco shall cease taking natural gas liquids from Narco's facility, Narco shall at its option have the right to terminate the easements herein granted upon 60- days advance written notice to Amoco. D. Term of Easements. The term of the easements herein granted shall be (i) for as long as that certain Gas Processing Facility Lease (the "Gas Plant Lease") dated January 15, 1993, recorded in Book 1368 under Rec. No. 2319633, between Cannon Land Company ("Cannon") and Narco, shall terminate, or (ii) until Narco shall have terminated the easements under the provisions of Paragraph 3(C), above, whichever first occurs. Upon termination of the easements herein granted, all right or interest herein granted to Amoco shall end, and Amoco, its successor or assigns, shall at its sole expense remove any and all equipment and pipelines located within the easements herein granted, together with all fittings and appliances pertaining thereto, and restore the surface to as near its original condition as is practicable. Upon termination of the easements herein granted, such easements shall automatically revert to Narco, subject to the terms of the Gas Plant Lease. Any equipment and pipelines not removed within three months following termination shall be deemed abandoned by Amoco and shall become the sole property of Narco. 9 B 1393 REC 02342732 07/26/93 10 : 56 $15 . 00 2/003 F 1545 MARY ANN FEUF 'TEIN CLERK & RECORDER WEL' " O, CO E. Indemnification. Amoco shall indemnify Narco and Cannon and hold them harmless from and against any and all claims or liabilities, including without limitation, those relating to environmental matters, arising out of or in connection with Amoco's installation, maintenance, repairs, operations or removal of its pipelines and equipment installed and operated under the easements herein granted. F. Assignment by Amoco: A material consideration for this grant of easement is the financial stability and reputation of Amoco, and any assignment of the easements herein granted (except to a wholly owned subsidiary of Amoco) shall be expressly subject to the prior written consent of Narco and Cannon, which Narco and Cannon may deny only if the proposed assignee fails to establish to the reasonable satisfaction of Narco and Cannon its financial and technical capability to perform its obligations (including, but not limited to, those relating to environmental protection and indemnity) under this easement. Amoco's assignee shall assume all obligations hereunder and shall furnish an indemnity or bond satisfactory in the reasonable judgment of Narco and Cannon, at which time Narco and Cannon shall then consent to the assignment in writing and release Amoco from all further obligations under this easement. Following approval of such assignment, Amoco shall furnish Narco and Cannon with copies of all instruments of transfer. Any attempt to assign without prior written consent of Narco and Cannon shall constitute a material breach of this easement and shall be cause for immediate cancellation of all rights granted hereunder. G. Compliance with Laws and the Lease: Amoco shall at all times be in full compliance with the Gas Plant Lease and with all applicable laws, rules, ordinances and regulations. Amoco shall file all reports which may be required in connection with Amoco's activities on the easements above described. 4. Joinder of Cannon. Cannon executes this Grant of Easements to indicate its approval of the easements herein granted. Cannon's execution does not grant any rights to Amoco not granted to Narco in the Gas Plant Lease. 5. Counterparts. This Grant of Easements may be executed in multiple counterparts, each of which shall be deemed an original, but all of which together shall constitute but one and the same instrument. IN WITNESS WHEREOF, this easement is executed as of the date first above set forth. ATTEST: ' NORTH AMERICAN RESOURCES COMP , Assistadt Secretary ames J. B r, Vice President '-cam bre b,,00 9 SY; AMOCO PIPELINE COMPANY Approved 8 , �<. 1 I� by: Cl/v/ gat. y t'. A, fver- 81' 5 Ab6T Sc At nrey-in Fae; VC pus �pp� cr. G ///As,•� N own W. Canno , Jr., Presid STATE OF MONTANA ) ) ss. COUNTY OF SILVER BOW ) Suly The foregoing instrument was a owned ed�efore me this I'2— day of Jwte, 1993, by James J. Benner as Vice President and " � ars Assistant Secretary of North American Resources Company, a Montana corporation, on behalf of said corporation. Witxess my hand and official seal. Mycpmmision expires: >J `k Ig9�lc{ Notary Public Y :f [additional acknowledgments attached] 971.'.69 B 1393 REC 02342732 07/26/93 10 : 56 $15 ^0 3/003 F 1546 MARY ANN UERSTEIN CLERK & RECORDER LLD CO, CO STATE OF �' ) ) ss. COUNTY OF0d,u. /(AIRi ) The foregoing instrument was acknowledged before me this 30 day of June, 1993, by 7C C. k'/7- 5iflO/ as Attornor Amoco Pipeline Company, a Delaware corporation, on behalf of said corporation. ICE n} Witness my hand and official seal. My commission expires: " OFFICIAL SEAL " ( Y lAvitAn 1-02y-9s LOU E. WASHINGTON ' NotaryP is NOTARY PUBLIC. STATE OF ILLINOIS MY COMMISSION EXPIRES 7/29/95 STATE OF COLORADO ) ) ss. COUNTY OF 7cii/0 ) The foregoing instrument was acknowledged before me this I L ""day of-June, 1993,by Brown W. Cannon, Jr. as President of Cannon Land Company, a Colorado corporation, on behalf of said corporation:.,, Witngps..niy hand and official seal. My cygteissipp'expires: -u O • 44-fro d',- /b ; 40:9-C Notary Public Exhibit E GRANT OF EASEMENTS THIS GRANT OF EASEMENTS is made this 30th day of August, 1993, by and between NORTH AMERICAN RESOURCES COMPANY,a Montana corporation, 16 East Granite, Butte, MT 59701 ("NARCo"), as Grantor; and PUBLIC SERVICE COMPANY OF COLORADO, a Colorado corporation, 1225 17th Street, Suite 1100, Denver, CO 80202 ("PSCo"), as Grantee. 1. Background. NARCo is the lessee and owner of that certain Gas Processing Facility Lease (the "Gas Plant Lease") dated January 15, 1993, recorded in Book 1368 under Rec. No. 2319633, between Cannon Land Company ("Cannon"),as Lessor, and NARCo, as Lessee,which Lease covers the SEY.SWYSWY. of Section 11, Township 2 North, Range 66 West, 6th P.M., Weld County, Colorado. PSCo has agreed to take natural gas from NARCo's gas processing facility and, by this instrument, NARCo grants PSCo two easements in said SEY,SWY,SWY.,to enable PSCo to transport the natural gas from the facility. 2. Grant of Easements. For$100 and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, NARCo does hereby grant, sell and convey to PSCo, its successors and assigns, the two easements described below on,over and across Lot 'A'of Recorded Exemption No. 1309-11-3-RE1474, recorded in Book 1380 under Rec. No. 2330303, being essentially the SE5SWY.SW1/4 of said Section 11, Cannon's lands in the SEV4 of Section 10 and the SWY.SW' of Section 11, Township 2 North, Range 66 West, 6th P.M., Weld County, Colorado, for the purpose of constructing, maintaining and operating equipment for the compression, odorization and transmission of natural gas from NARCo's Ft. Lupton Gas Processing and Compression Facility on said Lot 'A'. The easements herein granted are more particularly described as follows: A. An easement, 100 feet in width by 100 feet in length, for buildings and equipment for the measurement, odorization and transportation by pipeline of natural gas, described as commencing at the SE corner of said Lot 'A', thence north along the east line of said Lot 'A'a distance of 298.37 feet to the point of beginning; thence west a distance of 100 feet; thence north a distance of 100 feet; thence east a distance of 100 feet; thence south a distance of 100 feet to the point of beginning. B. An easement, 30 feet in width, for a buried natural gas pipeline across said Lot 'A', described as being 15 feet on each side of a centerline described as follows: commencing at the SE corner of the parcel described in 2.A, above, thence west along the south line of said Lot 'A' a distance of 65 feet to the point of beginning; thence south and parallel with the east line of said Lot 'A' a distance of approximately 253 feet to a point 15 feet north of the existing fence line running east/west and parallel to WCR 22, thence west and parallel with said fence approximately 595 feet to the west line of said Lot 'A'. During construction of the pipeline, the easement above granted shall extend another 20 feet to the north and 20 feet to the west, making the total easement granted during construction 50 feet in width. Following construction, the easement shall contract to the 30- foot easement first described in 2.B, above. PSCo shall construct the pipeline at least 15 feet north of the existing east/west fence above described. All pipelines constructed or to be constructed under this easement shall be buried at least 48 inches below the surface of the ground, and NARCo shall have the right to fully use and enjoy the premises over and beneath which any pipeline is constructed, subject to the rights of PSCo herein granted. 3. Covenants and Agreements of PSCo. By its acceptance hereof, PSCo agrees as follows: A. Improvement Location Certificates. PSCo, following installation of the pipeline installed hereunder, shall have an improvement location certificate prepared by a licensed surveyor which indicates the location of such line, and shall record such certificate in the real property records of Weld County. B. Damages to NARCo Improvements. PSCo shall pay NARCo for all damages to NARCo's improvements that may arise from the exercise of the rights herein granted to PSCo, and, in addition, shall pay Cannon, in accordance with the Gas Plant Lease, for all damages suffered by Cannon. C. Term of Easements. The term of the easements herein granted shall be for as long as that certain Gas Processing Facility Lease (the "Gas Plant Lease") dated January 15, 1993, recorded in Book 1368 under Rec. No. 2319633, or any replacement or renewal lease, between Cannon Land Company ("Cannon") and NARCo, shall remain in full force and effect. Upon termination of the easements herein granted, all right or interest herein granted to PSCo shall end, and PSCo, its successor or assigns, shall at its sole expense remove any and all equipment and pipelines located within the easements herein granted, together with all fittings and appliances pertaining thereto, and restore the surface to as near its original condition as is practicable. Upon termination of the easements herein granted, such easements shall automatically revert to NARCo,subject to the terms 331"'6' of the Gas Plant Lease. A quipment and pipelines not removed hin three months following termination shall be deemeu abandoned by PSCo and shall become uie sole property of NARCo. D. Renewals. In the event the Gas Plant Lease should terminate for any reason and Narco should acquire a replacement or renewal lease for the gas processing facility covering the same lands, Narco shall promptly grant to PSCo the same easements herein granted. E. Indemnification. PSCo shall indemnify NARCo and Cannon and hold them harmless from and against any and all claims or liabilities, including without limitation, those relating to environmental matters,arising out of or in connection with PSCo's installation, maintenance, repairs, operations or removal of its pipelines and equipment installed and operated under the easements herein granted. This indemnification obligation shall not extend to any claims or liabilities, including without limitation, those relating to environmental matters, arising out of or in connection with NARCo's installation, maintenance, repairs, operations or removal of processing facilities or any conditions existing prior to construction of PSCo's facilities for NARCo. This indemnification obligation shall terminate two (2) years after termination of these easements. F. Assignment by PSCo: A material consideration for this grant of easements is the financial stability and reputation of PSCo, and any assignment of the easements herein granted (except to a wholly owned subsidiary of PSCo) shall be expressly subject to the prior written consent of NARCo and Cannon, which NARCo and Cannon may deny only if the proposed assignee fails to establish to the reasonable satisfaction of NARCo and Cannon its financial and technical capability to perform its obligations (including, but not limited to, those relating to environmental protection and indemnity) under this easement. PSCo's assignee shall assume all obligations hereunder and shall furnish an indemnity or bond satisfactory in the reasonable judgment of NARCo and Cannon, at which time NARCo and Cannon shall then consent to the assignment in writing and release PSCo from all further obligations under this easement. Following approval of such assignment, PSCo shall furnish NARCo and Cannon with copies of all instruments of transfer. Any attempt to assign without prior written consent of NARCo and Cannon shall constitute a material breach of this easement and shall be cause for immediate cancellation of all rights granted hereunder. G. Compliance with Laws and the Lease: PSCo shall at all times be in full compliance with the Gas Plant Lease and with all applicable laws, rules, ordinances and regulations. PSCo shall file all reports which may be required in connection with PSCo's activities on the easements above described. 4. Joinder of Cannon. Cannon executes this Grant of Easements to indicate its approval of the easements herein granted. Cannon's execution does not grant any rights to PSCo not granted to NARCo in the Gas Plant Lease. 5. Counterparts. This Grant of Easements may be executed in multiple counterparts, each of which shall be deemed an original, but all of which together shall constitute but one and the same instrument. 6. Binding Effect. This Grant of Easements shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. IN WITNESS WHEREOF, this easement is executed as of the date first above set forth. ATTEST: NORTH AMERICAN RESOURCES COMPANY by: ,ei) Gloria J. Rogers, Assn nt Secretary James J. Benner, Ntive President RA�ph P M,eo irate ATTEST: PUBLIC SERVICE COMPANY OF COLORADO by: Fredric C. Stoffel, General Manager of Supply and Delivery Division CANN/ L 'O b: rown W. Ca non, Jr., Pre• d nt [acknowledgments attached] f3:14.69 STATE OF MONTANA ) ) ss. COUNTY OF SILVER BOW ) ] te'forep�2ing instrument was acknowledged before me this 2.-- day of S*�v—b ",1993, by3amea `$.1,ti.� as Vice-President and Gloria J. Rogers as Assistant Secretary of North American Resources Company, a Montana corporation, on behalf of said corporation. Witness my hand and official seal. My commission expires:al 24 IRIL( Notary Public STATE OF COLORADO ) ) ss. CITY & COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this day of 1993, by Fredric C. Stoffel as General Manager of Supply and Delivery Division and by as Secretary of Public Service Company of Colorado, a Colorado corporation, on behalf of said corporation. Witness my hand and official seal. My commission expires: Notary Public STATE OF COLORADO ) ) ss. COUNTY OF Ve iVVC. 744 ) The foregoing instrument was acknowledged before me this /G day of _Sc lei. l r r , 1993, by Brown W. Cannon, Jr. as President of Cannon Land Company, a Colorado corporation, on behalf of said corporation. Witness my hand and official seal. My commission expires: /�LtcEcd . c=? %, c�i rz, /0/�1��95 Notary Public 4^1469 SURROUNDING PROPERTY OWNERS AND/OR INTEREST/SURFACE ESTATE OWNERS North American Resources Company c/o William G. Crews Amended USR-1002 Cannon Land Company (under lease to Narco) 36 Steele Street, Suite 250 Denver, CO 80206 KN Wattenberg Transmission L.L.C. c/o Panhandle Eastern Pipe Line Company Box 1642 Houston, TX 77251 Dakota Warner 217 So. Park Avenue Ft. Lupton, CO 80621 Union Pacific Resources Company Union Pacific Land Resources Company P.O. Box 7 Ft. Worth, TX 76101 Amoco Production Company P.O. Box 800 Denver, CO 80201 5131 69 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 Amended USR-1002 for North American Resources Company, c/o William G. Crews in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list. this 4th day of October, 1993. o 4449 W pDEPARTMENT OF PLANNING SERVICES PHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140C. GREELEY, N. ORAAVENUEO631 COLORADO 80631 COLORADO DATE: October 4, 1993 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: Amended USR-1002 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, November 2, 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 Company, c/o William G. Crews FOR: A Site Specific Development Plan and an Amended Special Review permit for a natural gas processing 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. Your property is within five-hundred (500) feet of the property on which this request has been made or you may have an interest in the minerals located under the property under consideration. For additional information write or telephone Monica Daniels- Mika, Current Planner. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631, on or before the date of public hearing. -n \ - .. L • •)• P 'n G ICREsI inia 2. I 30 I f°) o �u• •p �°) ,1 Ilc • • 6 • . . °• • 7/ 9ro.. • I '' 59 i • I /r 6- - �z isnac t� H '1 • I j� » p; I • p � ° �4. 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F „ 4# T t� - 4 •:' h F " s `d, 4 :':„r:.` att '= �*t +ten tT { t s . t: ' a' r 4 p 4""z. 4'.. vry F Fk T ��' ',,,,4...:„..:',4;,44 v>Yw A \4cP Z2 931:"..69 CO sari gat AFFIDAVITW OF PUBLICATION �-_ me weld county Planning STATE OF COLORADO Commission will hold a public hearing on Tuesday. 55 November 2,tgga,at 190 COUNTY OF WELD p.m. for the purpose of considering a 81$Specltic Development Plan and an I, KEITH HANSEN, of said County of Weld, being duly Amended Special Review sworn,say that I ant publisher of dermit ecfbed Sr M. property a the , request mar createa WINDSOR BEACON vested property MOM presurar Colorade Law. APPLICANT:. Nonh a weekly newspaper having a general circulation in said Antedate Resources County and State, published in the town of WINDSOR, CoapaeK alo William G. in said County and State; and that the notice, of which cee� the annexed is a true copy, has been published in said tJDN. The SEa BSRS sera of weekly for_ _successive weeks, that the notice Swain 11,T2N,NNW uof was published in the regular and entire issue of every the Pa.-WW2 seuntn number of the paper during the period and time of comes publication, and in the newspaper proper and not in a TYPE AND INTENSITY OF supplement, and that the first publication of said notice PROPOSED :A natural gas processing E compressor was in said paper bearing the date of the station In the A(Agricultural) zone Wanks day of (0 to -,Lq , AD., 19 n and LOCATION:North of Weld the last publication bearing the date of the County Road 22; approximately 1.25 miles east of Weld County Road day of , A.D., 19_ and 31. that the said WINDSOR BEACON has been published SIZE: 10 acres, more or continuously and uninterruptedly for the period of 5 I'"' consecutive weeks,in said County and State, prior to the The public hearing will be date of first publication of said notice, and the same is a held in the Weld County Commissioners'Hearing newspaper within'the meaning of an Act to regulate Room, First Floor,Weld printing of legal notices an advertisements, approved County Centennial Center, 015 Tenth sweat,Greeley. May 18, 1931,and all prior cts ar as in force. Colorado. Comments or objections related to the above request should be submmed in writing to the Weld County est d Penning Service',1400 N. P LISHER 17th Avenue, Greeley, Colorado 80811,before the above due or presented at Subscri d nd sworn to before me this day the public hearing on of 19 73 November 2,1903. � Copies al the�plkabn are XO1 721-(4-72-114-aavailable for public //�� Inspection In da Dspadmw NOTARY PUBLIC c4 Planning Services.1400 N. 17th Avenue.Greeley, Colorado 00831 -Phone - My commission expires i, 2 , /77 A . 353-3845,Extension 3540. Judy Yamaguchi. Chairperson,Weld County Penning Commission SPiletling��+�+}};1pp7 lest r 7 ° Etta. E NOV 0 1 1993 ll Weld County Plannin it 11 9-1.41..439 0„tz DEPARTMENT OF PLANNING SERVICES ' PHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES C. 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday, November 2, 1993, at 1:30 p.m. for the purpose of considering a Site Specific Development Plan and an Amended Special Review permit for the property described below. Approval of the request may create a vested property right pursuant to Colorado Law. APPLICANT: North American Resources Company, c/o William G. Crews LEGAL DESCRIPTION: The SE4 SW4 SW4 of Section 11, T2N, R66W of the 6th P.M. , Weld County, Colorado. TYPE AND INTENSITY OF PROPOSED USE: A natural gas processing compressor station in the A (Agricultural) zone district. LOCATION: North of Weld County Road 22; approximately 1.25 miles east of Weld County Road 31. SIZE: 10 acres, more or less. The public hearing will be held in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631, before the above date or presented at the public hearing on November 2, 1993. Copies of the application are available for public inspection in the Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631 - Phone - 353-3845, Extension 3540. Judy Yamaguchi, Chairperson Weld County Planning Commission To be published in the Windsor Beacon To be published one (1) t" e ,October 7, 1993. Received by: Date: C! 13 0-14 6re 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 October 15, 1993 Monica Daniels-Mika Weld County Planning Department C"—• 1400 N. 17th Avenue Greeley, CO 80631 QCT u 199 u RE: Transmittal of Sign Posting Certificates (Affidavits) miPla ems*(y Planning North American Resources Company Amended USR 1002 Hearings Dear Monica: Enclosed please find the originals of the two certificates (affidavits) in connection with the posting of the Planning Commission and Board of Weld County Commissioners hearing signs in connection with Amended USR 1002. Please let me know if you receive any comments from referals as soon as you recieve them. Thanks for your help. It is sincerely appreciated. Regards,_ William G. Crews, CPL Agent for North American Resources Company enclosure: affidavit originals WGC/mm 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 Amended Use by Special Review Case #1002 involving the SW'/ASW%4SW'k (more particularly described as Lot 'A' of Recorded Exemption 1309-11-3-RE-1474) 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 October 15, 1993, which date was at least 10 days before the Board of Weld County Commissioners hearing to be held on October 10, 1993 concerning said Case #1002. Further Affiant sayeth not. _t <- William G. Crews Subscribed and sworn to before me this 15th day of October, 1993. M My commission expires: 10/06/96 eila Miller, Notary Public STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 15th day of October, 1993, by William G. Crews. Witness my hand and official seal. 7 - My commission expires: 10/06/96 Sheil iller, Notary Public 9 71.1.69 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 Amended Use by Special Review Case 1002 involving the SE'kSW'ASW'4 (more particularly described as Lot 'A' of Recorded Exemption 1309-11-3-RE-1474) 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 October 15, 1993, which date was at least 10 days before the Weld County Planning Commission hearing to be held on November 2, 1993 concerning said Case #1002. Further Affiant sayeth not. William G. Crews Subscribed and sworn to before me this 15th day of October, 1993. My commission expires: 10/06/96 hell Miller, Notary Public STATE OF COLORADO ) ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 15th day of October, 1993, by William G. Crews. Witness my hand and official seal. My commission expires: 10/06/96 r �� S eila Miller, Notary Public FIELD CHECK FILING NUMBER: AM USR-1002 DATE OF INSPECTION: October 7, 1993 APPLICANT'S NAME: North American Resources Co. REQUEST: An Amended Use by Special Review. 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 . LAND USE: N Grassland E Grassland S Grassland, K and N gas facility W Grassland ZONING: N A (Agricultural) E A (Agricultural) S Use by Special Review W A (Agricultural) COMMENTS: Access is off of Weld County Road 22, a paved County road. Temporary out-house is on site. The site is currently under construction. Some of the equipment is presently in place and operating. Topography and drainage do not appear to present a problem on site. The air compressor shed does not appear to be written to scale on the provided plat. 7)(j /7Mon Dani is-Mika Current Planner FIELD CHECK I FILING NUMBER: Amended USR-1002 DATE OF INSPECTION: /0 o93 APPLICANT'S NAME: North American Resources Company, c/o Willi G.. revs CURRENT PLANNER: Monica Daniels-Mika REQUEST; A Site Specific Development Plan and an Amended Special Review permit for a natural gas processing compressor station in the A (Agricultural) zone district. LEGAL DESCRIPTION: The SE4 SW4 SW4 of Section 11, T2N, R66W of th4 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_ 9/2Pn 94414-411/ P�.e_at r--" r /a11 ZONING: • N A (Agricultural) 1 E A (Agricultural) t S A (Agricultural) I t, a lanrinulrurall P- COMMENTS: 11/ A4-e!)lL/"..# i, k� S 4s/�,aaO� vele /4-0*.N.-/ , Cam' X4,O ��y • OCT 22 '93 11:49 3036590350 PRGEfirla re. (1;i\ DEPARTMENT OF PLANNING SERVICES ' PHONE (303)353.3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 0 1400 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO Date: October 4, 1993 CASE NUMBER: Amended 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 an Amended Special Review permit for a natural gas processing 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 October 18, 1993, so that we may give full consideration to your recommendation. Please call Monica Daniels-Mika, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed: Agency: Date: mEmoRAnDum Wilk Dete Monica Daniels-Mika To Weld County Planning October 16, 1993 COLORADO Jeffrey L. Stoll, Director, Environmental Health Z., 2 From SubJecf:ase Number: USR-1002 Name: North American Resources Company PT SE4 SW4 SW4 Section 11, Township 02 North, Range 66 West 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. An Air Pollution Emission Notice (A.P.E.N. ) and Emissions Permit application must be submitted to the Air Pollution Control Division, Colorado Department of Health for emissions of criteria, hazardous or odorous air pollutants. 3. The existing Emission Permit(s) must be modified for the increased operation if the Colorado Department of Health determines that such a modification represents a significant change in emissions or production. 4. No permanent disposal of wastes shall be permitted at this site. 5. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 6. Fugitive dust shall be controlled on this site. 7. 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. JLS/USR1002.JS o j -A OCT 191993 11 C "'weld r^unly Planning OCT-22-93 FRI 9:39 WEI ^ COUNTY ENGINEERING FAX NO. 303 3c° 4000 4779 P. 02 Tn '. PLAN t N G1/4, ClEo µ ti o+w, >r fits. . b eF- f, CREWS & ZEREN March 11, 1993 PETROLEUM LAND CONSULTANTS 1223 22TH AVENUE.SUITE 2 Mr. Drew Scheltinga aREELEY COLORADO 6023+ 26 County Engineer O3)642 77 OOREELEY DENVER Weld County RECEIVED MOM 551-0507 .AF 933 N.11th Avenue MAR 181993 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 concern prior to the Planning Commission meeting next Tuesday. Stood 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 wid 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,R,and that two entrances will be �. acceptable. Nalco is willing to enter into a road maintenance,agreement which would provide that Name 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 front 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 Agent for North American Resources Company cc: Joe Baumberger - Baumberger &Associates Weld County Commissioner George Baxter Cantle Adler - Weld County Planning Office 0CT 22 '93 09;31 303 356 4000 4779 PAGE.002 931'..69 mEmORAnDum VI`Dc. Monica Daniels-Mika To Planning Dace October 6, 1993 COLORADO From Donald Carroll, Engineering iR0., subject: North American Resources Co. Amended USR-1002 C/O William G. Crews I have visited the site on WCR 22 approximately 1.2 miles east of WCR 31. I have reviewed the existing file and also the new file and have the following comments: In our memo to Lanell Adler, Current Planner, March 25, 1993, regarding this particular site we were asking for the accesses to the property be 35' wide to accommodate tractor trailer traffic. In measuring the access at the site, I found both entrances to be 25' . This is very narrow to accommodate the tractor trailer traffic. The other item on the site that I noticed was the detention pond area. On the set of plans, it shows the detention pond area between the two entrances. They have made a poor attempt of trying to create a detention pond. This is not adequate. I feel these two items should be addressed and also corrected before this amended USR is approved. cc: Commissioner Baxter File Amended USR-1002 mmonica3.pds DEC IV 0CT p 7 1993 {I ci Weld rnu*Planning 9-2,1.4_69 OCT-21-93 THU 15:00 P. 02 ldo_ 0 FORE ��` x t-+,�'.. °- trp of fort lu ton P.O. BOX 148 COUNTY OF WELD 130 5.MCKINLEY AVENUE FT.LUPTON. CO 80821 (903)857$894 October 21, 1993 Weld County Colorado Department of Planning Services 1400 N. 17th Avenue Greeley, Colorado 80631 Dear Sirs : On October 12, 1993, the Fort Lupton Planning Commission met to discuss your referral relating to Case Number: USR-1002 . The Planning Commission found no conflicts with the referral but would like some clarification on the following issues. A. ) Where will the accumulated trash go7 Who is handling the removal of this trash? What does this trash consist of? B. ) Where will the extra water be disposed? Who will be handling the disposal of the water? C. ) There is a reference to a waiver on noise levels, was there an original waiver granted on noise levels? If so, why would a waiver be needed? If you need any information or have any questions feel free to call me at 356-9225. Sincerely, Susan M. M Li4 114O ra Planning & Zoning Clerk .^_..,. ______---OCT 21 '93 15:01 �,�• 1.1_60 STATE OF COLORADO OFFICE OF THE STATE ENGINEER oF.co Division Division of Water Resources F,- , Department of Natural Resources 1313 Sherman Street, Room 818 •1876 Denver,Colorado 80203 Phone(303)866-3581 Roy Romer FAX(303)866-3589 Governor August 25, 1993 Ken Salazar Executive Director Ms. Monica Daniels-Mika Hal D.Simpson State Engineer Weld County Department of Planning Services 910 10Th Street Greeley, CO 80631 Re: North American Resources, USR-1002 SW1/4 Sec. 11, T2N, R66W, 6TH PM W. Division 1, W. District 2 Dear Mr. Daniels-Mika: We have reviewed the above referenced application to add a field office to an existing natural gas processing facility. The application indicates that water use will be limited to drinking and sanitary use inside the office. The applicant does have a well permit number 171038, issued for commercial use in a commercial business. No outside uses are allowed. We have no objection to approval as long as there is no outside use of the well. If you have any questions in this matter, please contact me. Sincerely, /dud SS! CA} John Schurer, P.E. Senior Water Resource Engineer JS/american cc: Alan Berryman, Division Engineer Water Supply Branch !LOCI 2 5-i9.93 11 Weeld county Planning' mEmoRAnDum Monica Daniels-Mika To Planning Date October 29. 1993 COLORADO From Donald Carroll, Engineering Subject: North American Resources Amended USR-1002 c/o William G. Cruse This memo is addressing the two items from October 6, 1993. Item #1 was the detention pond. Item #2 was the access. Item #1 On October 27, 1993, we visited the site, inspected the detention pond facility, and found no conflict with it. Item #2 I had talked to Drew Scheltinga, Weld County Engineer, about these two accesses. He had talked to Mr. Cruse prior to my inspection. They have decided upon making one access an entrance only and the other an exit only. I would like to see signs posted at these accesses identifying proper truck movement. I am now addressing a letter of March 11, 1993, to Drew Scheltinga from William Cruse. The subject is a road maintenance agreement. North American Resource Company (NARCO) is willing to enter into a road maintenance agreement which would provide that the NARCO would repair or pay for damage done to the pavement caused by trucks turning in and out of the plant. Attached to this memo is a road maintenance agreement for NARCO to review and sign. cc: Commissioner Baxter Drew Scheltinga File USR-1002 mmonica4.pds `o g SIRCr NOV0 1993 fi r Weld Coady Mamie DRAINAGE REPORT North American Resources Company Butte, MT Fort Lupton Gas Processing & Compression Facility SEV4SWt SWI/4-11-2N-66W, Weld County March 22, 1993 Project 1993-9 B /A / Jasper reese f q3 C .r. i o P.E. & L.S. No. 4392 (Y MAR 2 J 1993) DRAINAGE AREA The subject property is approximately the southeast quarter of the southwest quarter of the southwest quarter (SE' SW'SWI/o) of Section 11, Township 2 North, Range 66 West of the 6th P.M. and contains 10.0 acres more or less. It is proposed to construct a gas processing and compression facility on the site. The site consists of a 30' x 220' compressor area, a 50' x 180' processing area, a 40' x 80' office, control building, and other smaller equipment and facilities. The site is soil type Valent Sand 0 to 3% slope (actual 2.2%), has a rapid permeability, and slopes in a southwesterly direction. There is no off site drainage from the south and west. There is considerable potential for offsite drainage from the north and east. OFFSITE DRAINAGE There could be as much as 65 to 80 acres of offsite drainage passing through the site. Some of this drainage would cross in a southwesterly direction as sheet flow. Since the soil has a high permeability, this flow is likely to be minor and can be handled without difficulty in its present form. Some (perhaps the majority of offsite flow) will pass through in the borrow ditch lying along the south line of the property. It is proposed to pass the water through in either a 18" or 24" CMP culvert under the accesses. DESIGN CRITERIA The Rational Method was used for this report. Except for the major facilities, it is proposed to leave the site in its natural state. Since the compressor area (30' x 220') and the processing area (50' x 180') have also the potential for site pollution, it is proposed to contain the 100-year 24-hour storm within each area by construction of a concrete slab with a 5-inch lip or wall completely surrounding the area. (See computations). The office building 80' x 40' and the nearby area (total area 100' x 200') will be treated as having a combined runoff coefficient of 0.70. Taking a 24-hour 100- year storm, this would result in a storage requirement of 4,500 cubic feet to be provided in a pond south and west of the office area. No other ponding would be provided as the remainder of the area would be assumed to remain in a natural state. SUMMARY The combination of area retention (6,500 cubic feet) and pond retention (4,500 cubic feet) should provide adequate storage for this site. 871,61.1 March 22, 1993 COMPUTATIONS: Page 1 of 1 COMPRESSOR AREA: 30' x 220' cut/fill 100-year storm 24(hr)(.16 in./hr) = 3.84 in = 2,110 ft3 5" lip contains -2,750 ft3 PROCESSING AREA: 50' X 180' cut/fill 100-year storm 24(hr)(.16 in./hr) = 3.84 in = 2,880 ft3 5" lip contains -3,750 ft3 OFFICE AREA: 100' X 200' C=.7 24hr(.16 in./hr) = 3.84 in = 4,500 ft3 CMP FLOWING FULL: CD=.65 S=2% N=.015 18" CMP: A=1.767 ft2 le=.375 V = 1.486 R'4S1/2 N V = 1.486/.015(.375)'''(.02)' = 1.486/.015(.520)(1414) = 7.29 fps Q = CDAV = .65(1.767 ft2)(7.29ft/sec) = 8.4 cfs Surcharge would produce additional Q. 24" CMP: A=3.14 ft2 R'h=.63 V = 1.486/.015(.63)(.1414) = 8.83 fps Q = .65(3.14)(8.83) = 18.0 cfs R i',69 CREWS & ZEREN PETROLEUM LAND CONSULTANTS 1223 28TH AVENUE.SUITE 2 GREELEY.COLORADO 80631 (303)351-0733 GREELEY (303)659-7710 DENVER November 4, 1993 (303)351-0867 FAX Monica Daniels-Mika 0 p r,, Planner Weld County Planning Department NOV 0 4 1993 1400 N. 17th Avenue Greeley, CO 80631 'h- Weld County Planning RE: Addendum to Application Amended USR 1002 North American Resources Company ("Narco") Ft. Lupton Gas Processing and Compression Facility Dear Monica: HAND DELIVERED As requested by you following the November 2 meeting of the Weld County Planning Commission, this letter is to formally amend the Amended Use by Special Review Application dated September 29, 1993, which I filed on behalf of Narco. The amendment is to add,under the principal equipment expected to be constructed in connection with the Gas Metering Facility of Public Service Company (PSCo) described on Page 2, a telemetry facility (30'scada radio tower). This piece of equipment was inadvertently omitted from the list of larger items expected to be located at the facility. This written amendment will correspond to the verbal inclusion of this equipment in the record at the November 2 hearing. At your request, I herewith submit 10 copies of the Amended USR Plat, revised to indicate the telemetry station and its relative location. If you need anything else, please give me a call. Regards, William G. 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