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HomeMy WebLinkAbout20252330.tiffMEMORANDUM TO Maxwell Nader, Planning Services FROM Mike McRoberts, P E , Development Review DATE July 24, 2025 SUBJECT PUDF24-0001 Beebe Draw - 2nd Filing (Revised 2025-07-24) The PUD proposal has been reviewed by Development Review on behalf of the Weld County Department of Public Works and the Department of Planning Services Staff comments made during this phase of the application process may not be all-inclusive as other issues may, arise during the remaining application process COMMENTS GENERAL PROJECT INFORMATION/LOCATION Project description A Site Specific Development Plan and Planned Unit Development Final Plan, PUDF24- 0001 for Second FilingofBeebe Draw Farms (Pelican Lake Ranch) for 284 residential lots with R-1 Low - Density Residential Zone, District uses , This project is north of and adjacent to CR 32 and is east of and adjacent to CR 39 Parcel numbers 121309000026, 121308000014, and 121317100016 Access is from CR 32 and CR 39 ACCESS Weld, County Development Review has reviewed the application materials related to access and has determined that the Second Filing of Beebe Draw Farms (Pelican Lake Ranch) will access from County -Roads 32 and 39 The accesses onto County Road 39 will be via an existing, permitted access (AP19- 00053) located at the intersection of CR 39 and Beebe Draw Farms Parkway and a proposed access located approximately 2,914 feet north of County Road 32 The access onto County Road 32 will be a proposed access located approximately 1,997 feet east of County Road 39 Per Sec 8-14-30, an Access Permit is required for access to Weld County maintained roadways We strongly encourage you to discuss your access with Development Review prior to laying out your site plan to ensure the approved accesses are compatible with your layout Minimum access spacing requirements i are shown in Weld County Code, Sec 8-14-30, Table 1 Please refer to Chapter 8, Article 14, of the Weld County Code for more information regarding access ROADS AND RIGHTS -OF -WAY County Road 32 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a collector road, which requires 80 feet of right-of-way The applicant shall delineate on the site map or plat the future and existing right-of-way and the physical location of the road If the right- of-way cannot be verified it shall be dedicated Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future right-of- way line. Be aware that physical roadways may not be centered in the right-of-way. This road is maintained by Weld County. County Road 39 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a collector road, which requires 80 feet of right-of-way. The applicant shall delineate on the site map or plat the future and existing right-of-way and the physical location of the road. If the right- of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future right-of- way line. Be aware that physical roadways may not be centered in the right-of-way. This road is maintained by Weld County. Per, Sec. 8-13-30.B, a Weld County Right -of -Way Use Permit is required for any project that will be occupying, constructing or excavating facilities within, and/or encroaching upon, any County rights -of -way or easement. Right -of -Way Use Permit instructions and application can be found at: https://www.weldgov.com/Government/Departments/Public-Works/Permits Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the County right-of-way. TRAFFIC The applicant has submitted an updated Traffic Impact Study (TIS) prepared by Delich Associates, dated September 2024. The study assessed the impacts the 2nd Filing of Beebe Draw Farms (Pelican Lake Ranch) will have on the surrounding road system and concluded that the development is feasible from a traffic engineering standpoint. At full development, the study found that the 2nd Filing will generate 2,636 daily trip ends, 193 morning peak hour trip ends, and 265 afternoon peak hour trip ends. The study also found that the development will necessitate the construction of the following auxiliary turns: • Eastbound Left Turn Deceleration Lane — County Road 32/Pelican Lake Drive Intersection • Southbound Left Turn Deceleration Lane — County Road 39/Pelican Lake Lane Intersection • Northbound Right Turn Deceleration Lane — County Road 39/Pelican Lake Lane Intersection The following daily traffic count data was taken in October 2023, over a 72 -hour period: • County Road 32 east of County Road 39 — AADT 1,016 • County Road 39 north of County Road 32 — AADT 2,042 • County Road 35 north of County Road 32 — AADT 295 • County Road 35 south of County Road 32 — AADT 114 • County Road 32 west of County Road 35 — AADT 1,784 • County Road 32 east of US 85 - AADT 2,885 • US 85 north of County Road 32 — AADT 26,662 • US 85 south of County Road 32 — AADT 26,373 IMPROVEMENTS AGREEMENT FOR ON -SITE AND OFF -SITE IMPROVEMENTS Development Review is requiring an Improvements Agreement for on -site and upfront off -site improvements, per Chapter 8, Article 2, of the Weld County Code. Collateral is required to ensure the improvements are completed and maintained throughout a 2 -year warranty period. Prior to recording the Final Plan, the applicant shall provide a complete, readable set of construction drawings. Once the construction drawings are accepted, an updated Construction Schedule and updated copies of Exhibit A-2 AND B-2, outlining costs for the on -site and upfront off -site improvements, are required. An example agreement is available at: www.weld. gov/files/sharedassets/public/v/1 /departments/public-works/documents/usr-spr- permits-improvements-agreement-template. pdf Auxiliary Turn Lanes/Speed Change Lanes required by the TIS shall be designed and installed in accordance with the criteria defined Appendix 8-Q (Weld County Engineering and Construction Criteria) of the Weld County Code, and Sections Three and Four of the State of Colorado, State Highway Access Code, Volume 2, Code of Colorado Regulations 601-1, March 2002, manual and the most recent edition of A Policy on Geometric Design of Highways and Streets (Green Book) published by the American Association of State Highway and Transportation Officials (AASHTO). The structural capacity of the road structure shall be designed in accordance with Appendix 8-O, of the Weld County Code, and the Guide for Design of Pavement Structures, published by AASHTO. Upfront Off -site Road Improvements • The applicant shall design and construct a County accepted eastbound left turn deceleration lane for the County Road 32/Pelican Lake Drive intersection, providing all construction materials and meeting the specifications per the Weld County Engineering and Construction Criteria manual and CDOT specifications for Road and Bridge Construction. • The applicant shall design and construct a County accepted northbound right turn deceleration lane for the County Road 39/Pelican Lake Lane intersection, providing all construction materials and meeting the specifications per the Weld County Engineering and Construction Criteria manual and CDOT specifications for Road and Bridge Construction. • The applicant shall design and construct a County accepted southbound left turn deceleration lane on County Road 39/Pelican Lake Lane intersection, providing all construction materials and meeting the specifications per the Weld County Engineering and Construction Criteria manual and CDOT specifications for Road and Bridge Construction. The applicant is responsible for all right-of-way acquisition and construction costs for the upfront off -site County roadway upgrades needed to support the development. TRACKING CONTROL POLICY Temporary Tracking Control shall be used during construction. Recycled concrete is not allowed in County right-of-way. The applicant shall provide a tracking control detail with the construction drawings for Development Review to review and accept. DRAINAGE REQUIREMENTS This project site is within a Non -Urbanizing Drainage Area, which typically requires detention of runoff from the 1 -hour, 100 -year, storm falling on the developed site and release of the detained water at the historic runoff rate of the 1 -hour, 10 -year storm falling on the undeveloped site. Per Weld County Code, Section 8-11-40.C., stormwater retention facilities are normally not allowed in Weld County but will be considered for special circumstances through the variance process as defined in Chapter 12, of Appendix 8-O, of the Weld County Code. The applicant has submitted a preliminary drainage report which has gone through several rounds of review and is nearing County acceptance. A final drainage report with the required detention/retention pond designs completed by a Colorado Licensed Professional Engineer is required prior to recording the PUD Final Plat. The drainage report must include a certification of compliance stamped and signed by the PE. A Certification of Compliance form can be found on the Weld County Development Review website at: https://www.weldgov.com/Government/Departments/Planning-and-Zoning/Development-Review NOTE The drainage design for the second amendment is required to capture and detain stormwaterrunoff (which could adversely impact parcel #121309000026) from Essex Road (east of and adjacent to Beebe Draw Farms, Filing 1, Phase 5) and the Equestrian Center This requirement was agreed to in wnting by the Manager of REI, LLC, Christine Hethcock, in a letter sent to Trace Anderson, of Weld County Public Works, dated August 13, 2020 Historic Flows The applicants will be required to maintain the historic drainage flows and run-off amounts that exist from the property CONSTRUCTION PLANS The applicant has submitted preliminary construction plans (for required on -site and upfront off -site improvements) that have gone through several rounds of review by Development Review and are nearing acceptance at the time of this revision A final set of construction plans stamped and signed by a Colorado registered Professional Engineer set shall be submitted and accepted by Weld County prior to recording the Final PUD plat The applicant will need to address oil and gas access to all drill sites and designate which internal roadways will need to be constructed to accommodate oversize/overweight oil and gas vehicles Per Table 4-1, of the Weld County Engineering and Construction Cntena manual, the applicant must accommodate a turning radius for a WB-67 design vehicle when designing these access points UTILITY PLAN A utility plan showing the easements for water, sewer, electric, gas, telephone, and any other utilities with the PUD development is required The plan shall contain drainage and utility easements as defined in Section 24-3-60 of the Weld County Code CONSTRUCTION SCHEDULE The applicant shall submit a final construction schedule that includes estimated starting and finishing dates along with estimated dates of various construction stages GRADING PERMIT A Weld County Grading Permit will be required for disturbing more than one (1) acre of land Grading Permit applications are accepted after the planning process is complete (plat recorded) An Early Release Request Form may be entertained only after the applicant, Public Works and Planning Department have reviewed the referral and surrounding property owner comments Early release requires conditional approval COLORADO STORMWATER PERMIT A Colorado Construction Stormwater Permit is required when disturbing more than one (1) acre Contact Colorado Department of Public Health and Environment, Water Quality Control Division, Permit Support Staff at 303-692-3517 CONDITIONS OF APPROVAL A An Improvements Agreement is required for on -site and upfront off -site improvements associated with this project On -site and upfront off -site improvements associated with the development will be identified and detailed in the agreement Requirements for upfront off -site road improvements are detailed below 1 The applicant shall design and construct a County accepted eastbound left turn deceleration lane for the County Road 32/Pelican Lake Ranch intersection; providing all construction materials and meeting the specifications per the Weld County Engineering and Construction Criteria manual and CDOT specifications for Road and Bridge Construction (Development Review) 2 The applicant shall design and construct a County accepted northbound right turn deceleration lane for the County Road 39/Pelican Lake Lane intersection, providing all construction materials and meeting the specifications per the Weld County Engineering and Construction Criteria manual and CDOT specifications for Road and Bridge Construction (Development Review) 3 The applicant shall design and construct a County accepted southbound left turn deceleration lane for the County Road 39/Pelican Lake Lane intersection, providing all construction materials and meeting the specifications per the Weld County Engineering and Construction Criteria manual and CDOT specifications for Road and Bridge Construction (Development Review) B A Final Drainage Report and Certification of Compliance stamped and signed by a Professional Engineer registered in the State of Colorado is required (Development Review) C A Utility Plan showing the easements for water, sewer, electric, gas, telephone, and any other utilities with the PUD development, and all drainage and utility easements defined in Section 24-3-60, of the Weld County Code, is required (Development Review) D The applicant shall submit a recorded copy of any agreement/easement signed by all owners whose property is crossed for access to a utility, drainage facility, or public infrastructure requiring maintenance Such an agreement/easement shall be referenced on the Final Plat by the Weld County Clerk and Recorder's Reception number (Development Review) E The plat shall be amended as follows County Road 32 is a paved road and is designated on the Weld County Functional Classification Map as a collector road which requires 80 feet of nght-of-way at full buildout The applicant shall delineate on the site plan the existing and future rights -of -way All setbacks shall be measured from the edge of the future right-of-way This road is maintained by Weld County (Development Review) 2 County Road 39 is a paved road and is designated on the Weld County Functional Classification Map as a collector road which requires 80 feet of right-of-way at full buildout The applicant shall delineate on the site plan the existing and future rights -of -way All setbacks shall be measured from the edge of future right-of-way This road is maintained by Weld County (Development Review) 3 Show and label the drainage and utility easements as defined in Section 24-3-60 of the Weld County Code (Development Review) 4 Show and label any agreement/easement as specified in "Condition of Approval D" above (Development Review) 5 Show and label the existing and proposed access points on County Roads 32 and 39 Development Review will review access locations as a part of the plat submittal review process (Development Review), 6 Show and label the accepted drainage features and drainage flow arrows Stormwater ponds should be labeled as "Stormwater Detention, No -Build or Storage Area" and shall include the calculated volume (Development Review) Prior to Construction A Because more than one (1) acre of land will be disturbed with this development, a Weld County Grading Permit is required (Development Review) B The applicant shall notify Development Review of the anticipated start date and schedule a stormwater inspection If construction has commenced without contacting Development Review, the site will be in violation, a stop work order will be issued, and further enforcement actions may be pursued (Development Review) During Construction Weld County shall be allowed to enter the premises to inspect temporary control measures (BMPs) for proper installation and maintenance as detailed in the site's Grading Permit Inspections occur to ensure adequate measures are taken to protect the landowner, neighboring properties, adjacent roadways, and nearby waterways from the potentially adverse effects of stormwater runoff Inspections shall occur at a frequency determined by the site's compliance, with higher inspection frequencies for non-compliance (Development Review) Prior to Issuing Building Permits A The applicant shall submit an As -Built Drawing of each permanent control measure, signed and stamped by a Professional Engineer registered in the State of Colorado After the submittal, Weld County shall be allowed to enter the premises to inspect the permanent control measures to confirm proper installation, as detailed in the drawing (Development Review) B The applicant shall submit a certification from a professional engineer, licensed in the State of Colorado, that the drainage/detention measures have been constructed in accordance with the accepted drainage report (Development Review) DEVELOPMENT STANDARDS (NOTES ON THE FINAL PLAT) 1 The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code (Development Review) 2 The access on the site shall be maintained to mitigate any impacts to the public road including damages and/or off -site tracking (Development Review) 3 Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement (Development Review) 4 The historical flow patterns and runoff amounts on the site will be maintained (Development Review) 5 Weld County is not responsible for the maintenance of on -site drainage related features (Development Review) 6 Weld County is not responsible for the maintenance of on -site subdivision roads (Development Review) MEMORANDUM 7O Maxwell Nader, Planning Services FROM Mike McRoberts, P E , Development Review _ DATE February 1, 2024, SUBJECT' PUDF24-0001 Beebe Draw - 2nd Filing- _ ,The PUD proposal`has been reviewed by Development Review on behalf of the Weld County Department of Public Works and the Department of Planning Services Staff comments made during this phase of the application process may not be all-inclusive as other issues may arise during the remaining application process COMMENTS - GENERAL PROJECT INFORMATION/LOCATION ' Project description A Site Specific Development Plan and Planned Unit Development Final Plan, PUDF24- 0001 for Second Filing of Beebe Draw Farms for 284 residential lots with R-1 Low -Density Residential Zone District uses This project is north of and adjacent to CR 32 and is,east of and adjacent to CR 39 Parcel numbers 121309000026, 121308000014, and 121317100016 Access is from CR 32 and CR 39 ACCESS Weld -County Development Review, has reviewed the application materials related to access and has determined that the Second Filing of Beebe Draw Farms will access from County Roads 32 and 39 The access onto County Road 39 will be via an rexisting, permitted access (AP19-00053) located at the intersection of CR 39 and Beebe Draw,Farms Parkway The access onto County Road 32 will be a proposed access located approximately 1,090 feet east of County Road 39 Per Sec 8-14-30, an Access Permit is required for access to Weld County maintained roadways We strongly encourage you to discuss your access with Development Review prior to laying out your site plan to ensure the approved accesses are compatible with your layout Minimum access spacing requirements are shown in Weld County Code, Sec 8-14-30, Table 1 (Table 1_can be found in the "Construction Plans" section of this document) - - Please refer to Chapter 8, Article'14, of the Weld County Code for more information regarding access - ROADS AND RIGHTS -OF -WAY - County Road 32 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a collector road, which requires 80 feet of right-of-way The applicant shall delineate on the site map or plat the future and existing right-of-way and the physical location of the road If the right- of-way cannot be verified it shall be dedicated -Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article III, Section'23-3-50, the required setback is measured from the future right-of- way line Be aware that physical roadways may not be centered in the right-of-way This road is maintained by Weld County County Road 39 is a paved road and is designated on the Weld County Functional Classification Map (Code Ordinance 2017-01) as a collector road, which requires 80 feet of right-of-way. The applicant shall delineate on the site map or plat the future and existing right-of-way and the physical location of the road. If the right- of-way cannot be verified it shall be dedicated. Pursuant to the definition of setback in the Weld County Code, Chapter 23, Article III, Section 23-3-50, the required setback is measured from the future right-of- way line. Be aware that physical roadways may not be centered in the right-of-way. This road is maintained by Weld County. Per, Sec. 8-13-30.B, a Weld County Right -of -Way Use Permit is required for any project that will be occupying, constructing or excavating facilities within, and/or encroaching upon, any County rights -of -way or easement. Right -of -Way Use Permit instructions and application can be found at: https://www.weldgov.com/Government/Departments/Public-Works/Permits Weld County will not replace overlapping easements located within existing right-of-way or pay to relocate existing utilities within the County right-of-way. TRAFFIC The applicant has submitted an updated Traffic Impact Study (TIS) prepared by Delich Associates, dated November 2023. The study assessed the impacts the 2nd Filing of Beebe Draw Farms will have on the surrounding road system and concluded that the development is feasible from a traffic engineering standpoint. At full development, the study found that the 2nd Filing will generate 2,636 daily trip ends, 193 morning peak hour trip ends, and 265 afternoon peak hour trip ends. The report includes the following daily traffic count data taken in October 2023, over a 72 -hour period: • County Road 32 east of County Road 39 — AADT 1,016 • County Road 39 north of County Road 32 — AADT 2,042 • County Road 35 north of County Road 32 — AADT 295 • County Road 35 south of County Road 32 — AADT 114 • County Road 32 west of County Road 35 — AADT 1,784 • County Road 32 east of US 85 - AADT 2,885 • US 85 north of County Road 32 — AADT 26,662 • US 85 south of County Road 32 — AADT 26,373 The study also found that the development will necessitate the construction of the following auxiliary turn lanes beginning in 2032 (Mid -range forecast): • Eastbound Left Turn Lane — County Road 32/Site Access Intersection • Westbound Right Turn Acceleration Lane — County Road 32/Site Access Intersection • Northbound Right Turn Acceleration Lane — County Road 39/Beebe Draw Farms Parkway Intersection The updated TIS is currently under review by Development Review. IMPROVEMENTS AGREEMENT FOR ON -SITE AND OFF -SITE IMPROVEMENTS Development Review is requiring an Improvements Agreement for on -site and phased off -site improvements, per Chapter 8, Article 2, of the Weld County Code. Collateral is required to ensure the improvements are completed and maintained throughout a 2 -year warranty period. Prior to recording the Final Plan, the applicant shall provide a complete, readable set of construction drawings. Once the construction drawings are accepted, an updated Construction Schedule and updated copies of Exhibit A-2 AND B-2 are required, outlining the costs of on -site improvements. An example agreement is available at: www.weld. gov/files/sharedassets/public/v/1 /departments/public-works/documents/usr-spr- permits-improvements-agreement-template.pdf Auxiliary Turn Lanes/Speed Change Lanes required by the TIS shall be designed and installed in accordance with the criteria defined Appendix 8-Q (Weld County Engineering and Construction Criteria) of the Weld County Code, and Sections Three and Four of the State of Colorado, State Highway Access Code, Volume 2, Code of Colorado Regulations 601-1, March 2002, manual and the most recent edition of A Policy on Geometric Design of Highways and Streets (Green Book) published by the American Association of State Highway and Transportation Officials (AASHTO). The structural capacity of the road structure shall be designed in accordance with Appendix 8-O, of the Weld County Code, and the Guide for Design of Pavement Structures, published by AASHTO. Phased Off -site Road Improvements • The applicant shall design and construct a County accepted eastbound left turn deceleration lane on County Road 32, providing all construction materials and meeting the specifications per the Weld County Engineering and Construction Criteria manual and CDOT specifications for Road and Bridge Construction. • The applicant shall design and construct a County accepted westbound right turn acceleration lane on County Road 32, providing all construction materials and meeting the specifications per the Weld County Engineering and Construction Criteria manual and CDOT specifications for Road and Bridge Construction. • The applicant shall design and construct a County accepted westbound right turn acceleration lane on County Road 39, providing all construction materials and meeting the specifications per the Weld County Engineering and Construction Criteria manual and CDOT specifications for Road and Bridge Construction. The applicant is responsible for all right-of-way acquisition and construction costs for off -site County roadway upgrades needed to support the development. TRACKING CONTROL POLICY Temporary Tracking Control shall be used during construction. Recycled concrete is not allowed in County right-of-way. The applicant shall provide a tracking control detail with the construction drawings for Development Review to review and accept. DRAINAGE REQUIREMENTS The applicant has submitted a preliminary drainage report which is currently under review. This project site is within a Non -Urbanizing Drainage Area, which typically requires detention of runoff from the 1 -hour, 100 -year. storm falling on the developed site and release of the detained water at the historic runoff rate of the 1 -hour, 10 -year storm falling on the undeveloped site. Per Weld County Code, Section 8-11-40.C., stormwater retention facilities are normally not allowed in Weld County but will be considered for special circumstances through the variance process as defined in Chapter 12, of Appendix 8-Q, of the Weld County Code. A final drainage report and detention pond design(s) completed by a Colorado Licensed Professional Engineer is required prior to recording the PUD Final Plat. The drainage report must include a certification of compliance stamped and signed by the PE. A Certification of Compliance form can be found on the Weld County Development Review website at: https://www.weldgov.com/Government/Departments/Planning-and-Zoning/Development-Review NOTE: The drainage design for the second amendment is required to capture and detain stormwater runoff (which could adversely impact parcel #121309000026) from Essex Road (east of and adjacent to Beebe Draw Farms, Filing 1, Phase 5) and the Equestrian Center. This requirement was agreed to in writing by the Manager of REI, LLC, Christine Hethcock, in a letter sent to Trace Anderson, of Weld County Public Works. dated August 13, 2020. Historic Flows: The applicants will be required to maintain the historic drainage flows and run-off amounts that exist from the property. CONSTRUCTION PLANS The applicant has submitted a preliminary set of construction plans A cursory review of the plans indicates that additional information will be required for final acceptance The final plan set shall include at a minimum • Cover Sheet • M&S Standards Sheet • Final Plat • General Notes • Summary of Approximate Quantities and Earthwork Quantities Sheet(s) • Typical Roadway Cross Sections • Existing Conditions Exhibit • Overall Grading Exhibit • Overall Utility Exhibit • Demolition and Removal Plan • Survey Control Sheet(s) • Horizontal Control Plan • Right -of -Way and Easements Exhibit • Roadway Plan and Profile Sheets • Utility Plans Sheet(s) • Intersection Details • Roadway Cross Sections • Signage and Striping Plan • Grading Plan • Drainage Plan • Phasing Plan Sheet(s) • Sediment and Erosion Control Plan • Storm Drain Plan and Profile Sheets • Construction Traffic Control Plan Sheet(s) • Stormwater Management Plan • Detail Sheets The construction plans will be reviewed to ensure the applicant has met the design requirements and street sections as defined in Chapters 8 and 24, of the Weld County Code, and that all internal roadways intersecting County roadways have met the access/intersection spacing requirements defined in Table 1 of Weld County Code, Appendix 8Q, shown below Table 1 - Minimum Access SQacmo Criteria Feet Access Element Arterial Collector Local Distance between intersections Signalized Unsignalized 2,640 1,320 ' N/A 1,320 N/A 330 Distance between accesses and intersections 660 660 330 Distance between access points 660 330 150 Distance between access points in subdivisions 660 330 75 Any proposed internal roadway not meeting spacing requirements will require a variance The applicant will need to address oil and gas accesses to the drill sites and designate which internal roadways will need to be constructed to accommodate oversize/overweight oil and gas vehicles Per Table 4-1, of the Weld County Engineering and Construction Cntena manual, the applicant must accommodate a turning radius for a WB-67 design vehicle when designing these access points UTILITY PLAN A utility plan showing the easements for water, sewer, electric, gas, telephone, and any other utilities with the PUD,development is required The plan shall contain drainage and utility easements as defined in Section 24-3-60 of the Weld County Code CONSTRUCTION SCHEDULE When the final construction schedule is available, the applicant' shall submit an updated construction schedule that includes estimated starting and finishing dates along with estimated dates of various construction stages GRADING PERMIT A Weld County Grading Permit will be required for disturbing more than 1 acre of land Grading Permit applications are accepted after the planning process is complete (plat recorded) An Early Release Request Form may be entertained only after the applicant, Public Works and Planning Department have reviewed the referral and surrounding property owner comments Early release requires conditional approval COLORADO STORMWATER PERMIT A Construction Stormwater Permit is required with the State for disturbing more than one (1) acre Contact Colorado Department of Public Health and Environment, Water Quality Control Division, Permit Support Staff at 303-692-3517 CONDITIONS OF APPROVAL A An Improvements Agreement is required for on -site and off -site improvements associated with this project On -site and off -site improvements associated with the development will be identified and detailed in the agreement Requirements for off -site road improvements are detailed below The applicant shall design and construct a County accepted eastbound left turn deceleration lane on County Road 32, providing all construction materials and meeting the specifications per the Weld County Engineering and Construction Criteria manual and CDOT specifications for Road and Bridge Construction (Development Review) _ 2 The applicant shall design and construct a County accepted westbound right turn acceleration lane on County Road 32, providing all construction materials and meeting the specifications per the Weld County Engineering and Construction Criteria manual and CDOT specifications for Road and Bridge Construction (Development Review) 3 The applicant shall design and construct a County accepted westbound right turn acceleration lane on County Road 39, providing all construction materials and meeting the specifications per the Weld County Engineering and Construction Criteria manual and CDOT specifications for Road and Bridge Construction (Development Review) B A Final Drainage -Report and Certification of Compliance stamped and signed by a Professional Engineer registered in the State of Colorado is required (Development Review) C An updated Traffic Impact Study with Vehicle Classification traffic counts (Lightweight, Single Unit or -Combo Unit Vehicles), as specified in Section 9 4 2 of Appendix 8-Q of the Weld County Code, is x required for the off -site roads analyzed in the TIS (Development Review) D A Utility Plan showing the easements for water, sewer, electric, gas, telephone, and any other utilities with the PUD development, -and all drainage and utility easements defined, in Section 24 -3 -60, -of the Weld County Code, is required (Development Review) E The applicant shall submit a recorded copy of any agreement/easement signed by all owners whose property is crossed for access to a utility, drainage facility, or public infrastructure requiring maintenance Such an agreement/easement shall be referenced on the Final Plat by the Weld County Clerk and Recorder's Reception number (Development Review) F The plat shall be amended as follows County Road 32 is a paved road and is designated on the Weld County Functional Classification Map as a collector road which requires 80 feet of right-of-way at full buildout The applicant shall delineate on the site plan the existing and future rights -of -way All setbacks shall be measured from the edge of the future right-of-way This road is maintained by Weld County (Development Review) 2 County Road 39 is a paved road and is designated on the Weld County Functional Classification Map as a collector road which requires 80 feet of right-of-way at full buildout The applicant shall delineate on the site plan the existing and future rights -of -way All setbacks shall be measured from the edge of future right-of-way This road is maintained by Weld County (Development Review) 3 Show and label the drainage and utility easements as defined in Section 24-3-60 of the Weld County Code (Development Review) 4 Show and label- any agreement/easement as specified in "Condition of Approval E" above (Development Review) 5 Show and label the existing and proposed access point(s) and the usage types (Agricultural, Residential, and/or Commercial/Industrial) Development will review access locations as a part of the plat submittal review process (Development Review) 6 Show and label the accepted drainage features and drainage flow arrows Stormwater ponds should be labeled as "Stormwater Detention, No -Build or Storage Area" and shall include the calculated volume (Development Review) Prior to Construction A Because more than one (1) acre of land will be disturbed with this development, a Weld County Grading Permit is required (Development Review) B The applicant shall notify Development Review of the anticipated start date and schedule a stormwater inspection If construction has commenced without contacting Development Review, the site will be in violation, a stop work order will be issued, and further enforcement actions may be pursued (Development Review) During Construction Weld County shall be allowed to enter the premises to inspect temporary control measures (BMPs) for proper installation and maintenance as detailed in the site's Grading Permit Inspections occur to ensure adequate measures are taken to protect the landowner, neighboring properties, adjacent roadways, and nearby waterways from the potentially adverse effects of stormwater runoff Inspections shall occur at a frequency determined by the site's compliance, with higher inspection frequencies for non-compliance (Development Review) Prior to Issuing Building Permits A The applicant shall submit an As -Built Drawing of each permanent control measure, signed and stamped by a Professional Engineer registered in the State of Colorado After the submittal, Weld County shall be allowed to enter the premises to inspect the permanent control measures to confirm proper installation, as detailed in the drawing (Development Review) B The applicant shall submit a certification from a professional engineer, licensed in the State of Colorado, that the drainage/detention measures have been constructed in accordance with the accepted drainage report (Development Review) DEVELOPMENT STANDARDS (NOTES ON THE FINAL PLAT) 1 The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code (Development Review) 2 The access on the site shall be maintained to mitigate any impacts to the public road including damages and/or off -site tracking (Development Review) 3 Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement (Development Review) 4 The historical flow patterns and runoff amounts on the site will be maintained (Development Review) 5 Weld County is not responsible for the maintenance of on -site drainage related features (Development Review) 6 Weld County is not responsible for the maintenance on on -site subdivision roads (Development Review) WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org Memorandum To: Max Nader From: Lauren Light, Environmental Health Services Date: January 29, 2024 Re: PUDF24-0001 Applicant: REI LTD Liability Co. and Investors LTD Liability Co. The Weld County Environmental Health Services Division has reviewed this proposal for a Site Specific Development Plan and Planned Unit Development Final Plan, PUDF24-0001 for Second Filing of Beebe Draw Farms for 284 residential lots with R-1 Low -Density Residential Zone District uses. The application indicates the minimum lot size will be 1 acre and the overall gross lot size will be 2.5 acres. A letter of commitment was received from Central Weld Water District which expires September 25, 2024. The District states 192 budget taps are available and "no additional water taps will be available without additional water rights being transferred to the District." The application indicates the PUD will be developed on a phased basis subject to the terms of Central Weld Water District. A Geologic and Preliminary On -Site Wastewater Treatment System (OWTS) Site and Soil Evaluation Report completed by Soilogic and dated May 28, 2020, was included with the COZ and the Final Plat application. The report concluded: "Based on results of our completed site and soil evaluation, we expect conventional OWTS construction will be possible for most if not all of the proposed lots on the subject site. Typical gravity -fed chamber systems in a bed or trench configuration could be considered. In areas where gravity drainage to the Soil Treatment Area (STA) is not possible, pump dosing could be considered. Site specific evaluations will be required to better evaluate the Long -Term Acceptance Rate (LTAR) of the near surface soils and depth to bedrock and groundwater in proposed STA's." Environmental Health Services recommends the following notes for the Final plat: 1. Water service may be obtained from Central Weld County Water District. 2. The parcels are currently not served by a municipal sanitary sewer system. Sewage disposal may be by an on -site wastewater treatment system (OWTS) designed in accordance with the regulations of the Colorado Department of Public Health and Environment, Water Quality Control Division, and the Weld County Code in effect at the time of construction, repair, replacement, or modification of the system. Health Administration Vital Records Tele: 970-304-6410 Fax: 970-304-6412 Public Health & Clinical Services Tele: 970-304-6420 Fax: 970-304-6416 Environmental Health Communication, Services Education 8, Planning Tele: 970-304-6415 Tele: 970-304-6470 Fax: 970-304-641 1 Fax: 970-304-6452 Emergency Preparedness & Response Tele: 970-304-6470 Fax: 970-304-6452 Public Health `` x61 WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 North 17th Avenue, Greeley, CO 80631 www.weldhealth.org 3. Activity or use on the surface of the ground over any part of the OWTS must be restricted to that which shall allow the system to function as designed and which shall not contribute to compaction of the soil or to structural loading detrimental to the structural integrity or capability of the component to function as designed. During development of the site, all land disturbances shall be conducted so that nuisance conditions are not created. If dust emissions create nuisance conditions, at the request of Weld County Environmental Health Services, a fugitive dust control plan must be submitted. 5. If land development creates more than a 25 -acre contiguous disturbance, or exceeds 6 months in duration, the responsible party shall prepare a fugitive dust control plan, submit an air pollution emissions notice application, and apply for a permit from the Colorado Department of Public Health and Environment. Health Administration Vital Records Tele: 970-304-6410 Fax: 970-304-6412 Public Health & Clinical Services Tele: 970-304-6420 Fax: 970-304-6416 Environmental Health Services Tele: 970-304-6415 Fax: 970-304-6411 Communication Education 8 Planning Tele: 970-304-6470 Fax: 970-304-6452 Emergency Preparedness & Response Tele: 970-304-64/0 Fax: 970-304-6452 Public Health Submit by Email Weld County Referral January 8, 2024 The Weld County Department of Planning Services has received the following item for review: Applicant: REI LTD Liability Co. Case Number: PUDF24-0001 and Investors LTD Liability Co. Please Reply By: February 5, 2024 Planner: Maxwell Nader Project: A Site Specific Development Plan and Planned Unit Development Final Plan, PUDF24-0001 for Second Filing of Beebe Draw Farms for 284 residential lots with R-1 Low -Density Residential Zone District uses. Parcel Number: 121309000026-R4940286 Legal: ALL OF SECTION 9, TOWNSHIP 3 NORTH, RANGE 65 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO. Parcel Number: 121308000014-R4939686 Legal: ALL OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 65 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO. Parcel Number: 121317100016-R6784195 Legal: ALL OF SECTION 17, TOWNSHIP 3 NORTH, RANGE 65 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO. Location: East of and adjacent to County Road 39; north of and adjacent to County Road 32. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. See attached letter. r an y 44 • 4 1/24/2024 Signature �e��� Y Date a a Agency Weld County Oil and Gas Energy Department Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498 Referring Agency: Reference Number: Associated Parcel: OGED Reviewer: Review Date: Weld County Oil & Gas Energy Department Referral Comments Weld County Department of Planning Services PU DF24-0001 121309000026, 121308000014, 121317100016 Kelly Holliday January 24, 2024 The Staff of the Weld County Oil and Gas Energy Department (OGED) appreciates the opportunity to comment on the captioned planning case. Staff has completed review of the proposal and have no conflicts with the proposed activity. We have included additional comments below: 1. There are no active or proposed 1041 WOGLA Permits on the associated parcel. There are several oil and gas well sites in the area surrounding the parcel. 2. The parcel(s) include eight (8) active oil and gas wells, listed in Table 1 below. OGED requests that the Applicant coordinate operations in proximity to existing wells and production facilities with the operator(s) of these wells. API Operator Well Title Well Status 05-123-34282 CRESTONE OPERATING PEAK LLC RESOURCES 6-2-8 ARISTOCRAT ANGUS PR 05-123-35044 KERR MCGEE OIL & GAS ONSHORE LP 09-30D REI H SI 05-123-15639 KERR MCGEE OIL & GAS ONSHORE LP 9-6J UPRC SI 05-123-34281 CRESTONE OPERATING PEAK LLC RESOURCES 6-0-8 ARISTOCRAT ANGUS PR 05-123-15937 KERR MCGEE OIL & GAS ONSHORE LP 9-6J-2 UPRC SI 05-123-32819 KERR MCGEE OIL & GAS ONSHORE LP 27-17 REI SI 05-123-14204 KERR MCGEE OIL & GAS ONSHORE LP 41-17 BEEBE DRAW UPRR SI 05-123-35343 KERR MCGEE OIL & GAS ONSHORE LP 17-28D REI H PR 3. The parcel(s) include 68 plugged and abandoned (PA) wells listed in Table 2 below. Additional information regarding these plugged and abandoned wells is available from the Energy & Carbon Management Commission (ECMC). OGED recommends that the Applicant review this information and contact the responsible operator regarding well infrastructure that may have been abandoned in place prior to conducting operations in proximity to the wells. API Operator Well Title Well Status 05-123-09682 KERR MCGEE OIL & GAS ONSHORE LP 1 ARISTOCRAT 41-9 PA 05-123-17262 KERR MCGEE OIL & GAS ONSHORE LP 10-9 HSR-PALLETTE PA 05-123-33496 KERR MCGEE OIL & GAS ONSHORE LP 41-9 REI PA 05-123-33490 KERR MCGEE OIL & GAS ONSHORE LP 39-9 REI PA 05-123-14736 KERR MCGEE OIL & GAS ONSHORE LP 32-9 BEEBE DRAW UPRR PA 05-123-09636 KERR MCGEE OIL & GAS ONSHORE LP 3 UPRR 39 AMOCO D PA 05-123-28045 KERR MCGEE OIL & GAS ONSHORE LP 9-33D REI H PA 05-123-17263 KERR MCGEE OIL & GAS ONSHORE LP 16-9A HSR-RICHARDS PA 05-123-15641 KERR MCGEE OIL & GAS ONSHORE LP 9-13J UPRC PA 05-123-35040 KERR MCGEE OIL & GAS ONSHORE LP 09-24D REI H PA 05-123-22950 KERR MCGEE OIL & GAS ONSHORE LP 24-9 REI PA 05-123-12812 KERR MCGEE OIL & GAS ONSHORE LP 31-9 BEEBE DRAW UPRR PA 05-123-23318 KERR MCGEE OIL & GAS ONSHORE LP 1-9 REI PA 05-123-09635 KERR MCGEE OIL & GAS ONSHORE LP 2 UPRR 39 AMOCO D PA 05-123-16123 KERR MCGEE OIL & GAS ONSHORE LP 41-9 BEEBE DRAW PA 05-123-33495 KERR MCGEE OIL & GAS ONSHORE LP 25-9 REI PA 05-123-22102 CRESTONE OPERATING PEAK LLC RESOURCES 41-8A ARISTOCRAT ANGUS PA 05-123-29814 KERR MCGEE OIL & GAS ONSHORE LP 9-32D REI H PA 05-123-28170 KERR MCGEE OIL & GAS ONSHORE LP 09-20D REI H PA 05-123-30350 KERR MCGEE OIL & GAS ONSHORE LP 09-25D UPRC H PA 05-123-17350 KERR MCGEE OIL & GAS ONSHORE LP 9-9 HSR-MORTON PA 05-123-15640 KERR MCGEE OIL & GAS ONSHORE LP 9-11J UPRC PA 05-123-18461 KERR MCGEE OIL & GAS ONSHORE LP 9-14J5 UPRC PA 05-123-13323 KERR MCGEE OIL & GAS ONSHORE LP 42-9 #4 BEEBE DRAW UPPR PA 05-123-09725 KERR MCGEE OIL & GAS ONSHORE LP 2 ARISTOCRAT 32-9 PA 05-123-24106 KERR MCGEE OIL & GAS ONSHORE LP 20-9 REI PA 05-123-15637 KERR MCGEE OIL & GAS ONSHORE LP 9-4J UPRC PA 05-123-33497 KERR MCGEE OIL & GAS ONSHORE LP 21-9 REI PA 05-123-17351 KERR MCGEE OIL & GAS ONSHORE LP 15-9A HSR-PERRY PA 05-123-15636 KERR MCGEE OIL & GAS ONSHORE LP 9-3J UPRC PA 05-123-18460 KERR MCGEE OIL & GAS ONSHORE LP 9-12J5 UPRC PA 05-123-35042 KERR MCGEE OIL & GAS ONSHORE LP 09-31D REI H PA 05-123-08284 KERR MCGEE OIL & GAS ONSHORE LP 1 ARISTOCRAT ANGUS PA 05-123-31584 KERR MCGEE OIL & GAS ONSHORE LP 17-29D REI H PA 05-123-15036 KERR MCGEE OIL & GAS ONSHORE LP 17-14J UPRC PA 05-123-14560 KERR MCGEE OIL & GAS ONSHORE LP 2 UPRR 22 PAN AM UT/S PA 05-123-32071 KERR MCGEE OIL & GAS ONSHORE LP H08 -13D REI PA 05-123-17856 KERR MCGEE OIL & GAS ONSHORE LP 17-5J5 UPRC PA 05-123-32367 KERR MCGEE OIL & GAS ONSHORE LP 08-15D REI H PA 05-123-15037 KERR MCGEE OIL & GAS ONSHORE LP 17-15J UPRC PA 05-123-17056 KERR MCGEE OIL & GAS ONSHORE LP 8-12 BB DRAW H PA 05-123-15038 KERR MCGEE OIL & GAS ONSHORE LP 17-16J UPRC PA 05-123-24318 KERR MCGEE OIL & GAS ONSHORE LP 17-24 UPRC H PA 05-123-20502 KERR MCGEE OIL & GAS ONSHORE LP 3-17A HSR-REI PA 05-123-25176 KERR MCGEE OIL & GAS ONSHORE LP 17-19 UPRC H PA 05-123-15061 KERR MCGEE OIL & GAS ONSHORE LP 17-3J UPRC PA 05-123-15034 KERR MCGEE OIL & GAS ONSHORE LP 17-10J UPRC PA 05-123-35346 KERR MCGEE OIL & GAS ONSHORE LP 17-30D REI H PA 05-123-15033 KERR MCGEE OIL & GAS ONSHORE LP 17-9J UPRC PA 05-123-14203 KERR MCGEE OIL & GAS ONSHORE LP 32-17 BEEBE DRAW UPRR PA 05-123-13008 KERR MCGEE OIL & GAS ONSHORE LP 31-17 BEEBE DRAW-UPRR PA 05-123-15035 KERR MCGEE OIL & GAS ONSHORE LP 17-11J UPRC PA 05-123-24319 KERR MCGEE OIL & GAS ONSHORE LP 17-25 UPRC H PA 05-123-24228 KERR MCGEE OIL & GAS ONSHORE LP 17-23 UPRC H PA 05-123-18462 KERR MCGEE OIL & GAS ONSHORE LP 17-13J5 UPRC PA 05-123-14205 KERR MCGEE OIL & GAS ONSHORE LP 42-17 BEEBE DRAW UPRR PA 05-123-15046 KERR MCGEE OIL & GAS ONSHORE LP 17-4J UPRC PA 05-123-32824 KERR MCGEE OIL & GAS ONSHORE LP 24-17 REI PA 05-123-31615 KERR MCGEE OIL & GAS ONSHORE LP 17-32D REI H PA 05-123-19956 KERR MCGEE OIL & GAS ONSHORE LP 8-14JI BB DRAW H PA 05-123-35347 KERR MCGEE OIL & GAS ONSHORE LP 17-21D REI H PA 05-123-17040 NOBLE ENERGY PRODUCTION INC 8-14 BB DRAW H PA 05-123-28023 KERR MCGEE OIL & GAS ONSHORE LP 17-31D REI H PA 05-123-14403 KERR MCGEE OIL & GAS ONSHORE LP 1 UPRR 22 PAN AM UT/S PA 05-123-18004 KERR MCGEE OIL & GAS ONSHORE LP 17-6J5 UPRC PA 05-123-18463 KERR MCGEE OIL & GAS ONSHORE LP 17-12J5 UPRC PA 05-123-32825 KERR MCGEE OIL & GAS ONSHORE LP 21-17 REI PA 05-123-24317 KERR MCGEE OIL & GAS ONSHORE LP 17-20 UPRC H PA 4. The PUDF lands may include additional oil and gas related infrastructure, such as off -location flowlines or pipeline which are a use by right and not regulated by Weld County. OGED requests that the applicant reviews flowline data available from the ECMC map viewer and utilize Colorado 811 prior to any excavation activities. These comments and recommendations are based upon the review of the application materials submitted by the applicant and other relevant information available on the E -Permit site. Submit by Email Weld County Referral January 8, 2024 The Weld County Department of Planning Services has received the following item for review: Applicant: REI LTD Liability Co. Case Number: PUDF24-0001 and Investors LTD Liability Co. Please Reply By: February 5, 2024 Planner: Maxwell Nader Project: A Site Specific Development Plan and Planned Unit Development Final Plan, PUDF24-0001 for Second Filing of Beebe Draw Farms for 284 residential lots with R-1 Low -Density Residential Zone District uses. Parcel Number: 121309000026-R4940286 Legal: ALL OF SECTION 9, TOWNSHIP 3 NORTH, RANGE 65 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO. Parcel Number: 121308000014-R4939686 Legal: ALL OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 65 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO. Parcel Number: 121317100016-R6784195 Legal: ALL OF SECTION 17, TOWNSHIP 3 NORTH, RANGE 65 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO. Location: East of and adjacent to County Road 39; north of and adjacent to County Road 32. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. See attached letter. note below Digitally signed by Kathy Naibauer Date: 2024.02.05 14:21:45 -07'00' Date 2/5/24 Signature Agency Central Weld County Water District * The amount of water dedicated to the project remains as stated in our Can Serve letter dated 9/25/23. There are 96 shares of CBT available to the project, which equates to 192 budget taps. The District will require an additional transfer of CBT to complete the project once the dedicated shares are used. Weld County Planning Dept. PO Box 758, Greeley, CO 80632 TeI:(970)-400-6100 Fax:(970)-304-6498 From: Jeff DeLisio To: Maxwell Nader Subject: Case #PUDF24-0001 REI Ltd Date: Monday, July 14, 2025 10:16:00 AM Attachments: PUDF24-0001 REI Ltc.-FRICO Referral 7.14.25.pdf This Message Is From an External Sender This email was sent by someone outside Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Maxwell, FRICO has no further comments on Case #PUDF24-0001 for REI Ltd Liability Co. Thank you, Jeff DeLisio Projects Coordinator Farmers Reservoir & Irrigation Company 80 South 27th Avenue Brighton, CO 80601 (303) 659-7373 Ext. 312 projects@farmersres.com OFFICE HOURS Monday through Thursday 8:00am-4:30pm LSubmit by Email Weld County Referral January 8, 2024 The Weld County Department of Planning Services has received the following item for review Applicant REI LTD Liability Co Case Number PUDF24-0001 and Investors LTD Liability Co Please Reply By February 5, 2024 Planner Maxwell Nader Project A Site Specific Development Plan and Planned Unit Development Final Plan, PUDF24-0001 for Second Filing of Beebe Draw Farms for 284 residential lots with R-1 Low -Density Residential Zone District uses Parcel Number 121309000026-R4940286 Legal ALL OF SECTION RANGE 65 WEST OF THE 6TH P M , WELD COUNTY, COLORADO Parcel Number 121308000014-R4939686 Legal ALL OF SECTION RANGE 65 WEST OF THE 6TH P M , WELD COUNTY, COLORADO Parcel Number 121317100016-R6784195 Legal ALL OF SECTION RANGE 65 WEST OF THE 6TH P M , WELD COUNTY, COLORADO 9, TOWNSHIP 3 NORTH, 8, TOWNSHIP 3 NORTH, 17, TOWNSHIP 3 NORTH, Location East of and adjacent to County Road 39, north of and adjacent to County Road 32 The application is submitted to you for review and recommendation Any comments or recommendation you consider relevant to this request would be appreciated Please reply by the above listed date so that we may give full consideration to your recommendation Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services If you have any further questions regarding the application, please call the Planner associated with the request Please note that new information may be added to applications under review during the review process If you desire to examine or obtain this additional information, please call the Department of Planning Services 11 We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because EWe have reviewed the request and find no conflicts with our interests ❑ See attached letter Signature 7E ff be -L Gtr —Project -Cd ccf2A, yr Agency FARMERS RESERVOIR AND IRRIGATION COMPANY Date 7/14/2025 Weld County Planning Dept PO Box 758, Greeley, CO 80632 Tel (970)-400-6100 Fax (970)-304-6498 Submit by Email Weld County Referral January 8, 2024 The Weld County Department of Planning Services has received the following item for review: Applicant: REI LTD Liability Co. Case Number: PUDF24-0001 and Investors LTD Liability Co. Please Reply By: February 5, 2024 Planner: Maxwell Nader Project: A Site Specific Development Plan and Planned Unit Development Final Plan, PUDF24-0001 for Second Filing of Beebe Draw Farms for 284 residential lots with R-1 Low -Density Residential Zone District uses. Parcel Number: 121309000026-R4940286 Legal: ALL OF SECTION 9, TOWNSHIP 3 NORTH, RANGE 65 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO. Parcel Number: 121308000014-R4939686 Legal: ALL OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 65 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO. Parcel Number: 121317100016-R6784195 Legal: ALL OF SECTION 17, TOWNSHIP 3 NORTH, RANGE 65 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO. Location: East of and adjacent to County Road 39; north of and adjacent to County Road 32. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. I _ We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: PLEASE SEE ATTACHED DOCUMENT We have reviewed the request and find no conflicts with our interests. See attached letter. Signature CHERYL A PLUCKER Date 1/16/2023 Agency FARMERS RESERVOIR AND IRRIGATION COMPANY Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498 The Farmers Reservoir and Irrigation Company 80 South 27th Avenue Brighton, CO 80601 PH: 303-659-7373 / FX: 303-659-6077 TO: DATE: FRICO Project# Maxwell Nader January 16, 2024 Referrals Weld County EMAILED: January 16, 2024 EMAILED TO: mnader@weld.gov APPLICANT: REI LTD Liability, Co. RE: Final Submittal CASE #: PUDF24-0001 DEAR Mr. Nader: I wish to submit the following information regarding the above referenced project. X The concerns of Farmers Reservoir and Irrigation Company are in the area of encroachment to the Right of Way of the canal. FRICO requires a minimum of 25' on each side of the canal for a maintenance road plus the distance to the toe of the ditch embankment. The boundaries of the Right of Way must be agreed upon. X Drainage is another concern that must be addressed as FRICO does not allow any developed storm flow into our canals. This will apply if any development happens. X Property concerns need to be resolved. X No construction of any structure can be put on our ROW. No use of any sort including pedestrian or vehicle on our ROW is approved. X Please send drainage study and additional information regarding your project so that we may complete our review and that review criteria can be sent to you, if applicable. X FRICO does not accept retention ponds adjacent to our facilities, however, we may grant a variance with submittal of application and engineering deposit for review of drainage plan and other documents. X Canal road may not be used for access without approval and executed agreement. X FRICO will require a license agreement X FRICO will require an access permit X FRICO will require a seepage agreement FRICO No comments on application/proposal X We request to comment again. The applicant has or X has not completed a Project Review Application and submitted a deposit for review fees with the Ditch Company. In addition to the above comments, FRICO's comments are limited to this set of plans. Please email should you have any questions. Sincerely, Cheryl Plucker Cheryl@farmersres.com 720-297-0877 From: Todd Johnson To: Maxwell Nader Cc: Bruce O'Donnell Subject: FW: FW: Pelican Lake Ranch - Date: Tuesday, July 15, 2025 10:08:37 AM Attachments: image003.png Platte Valley Irrigation Company Referral cornments.pdf This Message Is From an External Sender This email was sent by someone outside Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Max. A follow up to previous referral attached, see below, PVIC has confirmed no impact to their interests as it relates to Filing No.2. Let us know if you have any questions. Thanks From: Todd Johnson Sent: Tuesday, July 15, 2025 10:04 AM To: Alison Gorsevski <agorsevski@lyonsgaddis.com> Cc: Scott E. Holwick <SHolwick@lyonsgaddis.com>; Bruce O'Donnell <bodonnell@starboardrealtygroup.com> Subject: RE: FW: Pelican Lake Ranch - Thanks for following up and confirming. Todd A. Johnson, P.E. President, Cell: 303-257-7653 TERRA FORMA SOLUTIONS Confidential/Proprietary Note: The information in this email is confidential and may be legally privileged Access to this email by anyone other than the intended addressee is unauthorized If you are not the intended recipient of this message, any review, disclosure. copying. distribution, retention. or any action taken or omitted to be taken in reliance on it is prohibited and may be unlawful If you are not the intended recipient, please reply to or forward a copy of this message to the sender and delete the message, any attachments, and any copies thereof from your system. Thanks. From: Alison Gorsevski <agorsevski@lyonsgaddis.com> Sent: Thursday, July 10, 2025 6:11 PM To: Bruce O'Donnell <bodonnell@starboardrealtygroup.com> Cc: Todd Johnson <Todd@terraformas.com>; Scott E. Holwick <SHolwick@lyonsgaddis.com> Subject: RE: FW: Pelican Lake Ranch - Hi, Bruce and Todd, Thanks for your patience while we discussed this with PVIC's board. While PVIC remains interested in the Pelican Lake Ranch development as a whole, the area subject to PUD Filing No. 2 is at a sufficient distance from PVIC's operations to make it unlikely that there will be impacts on the ditch. PVIC does not have any further comments or questions about PUD Filing No. 2 as presently proposed. Thanks, Alison VIII LYONS GADDIS ATTORNEYS & COUNSELORS Alison Gorsevski, Esq. Shareholder agorsevski@bonsgaddis.com 950 Spruce Street, Unit 1 B Louisville, CO 80027 Office: 303-776-9900 I Direct: 720-726-3675 I Mobile: 303-503-9950 /yonsgaddis. com CONFIDE\"I IALITI' STATEMENT: THIS E-MAIL MESSAGE AND ANY ACCOMPANYING DOCUMENTS CONTAIN INFORMATION WHICH IS ATTORNEY CLIENT PRIVILEGED, CONFIDENTIAL AND INTENDED ONLY FOR THE USE OF THE ABOVE -NAMED RECIPIENT. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION, PRINTING OR COPYING OF THIS MESSAGE IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS MESSAGE IN ERROR, PLEASE IMMEDIATELY NOTIFY l'S BY TELEPHONE OR RETURN THE E-MAIL. MESSAGE TO ITS. THANK YOU. From: Bruce O'Donnell <bodonnell starboardrea tygroup.com> Sent: Monday, July 7, 2025 12:10 PM To: Alison Gorsevski <agorsevski@ilyonsgaddis.com> Cc: TodclPterraformas.com; Scott E. Holwick <SHolwickPlyonsgaddis.com> Subject: Re: FW: Pelican Lake Ranch - EXTERNAL EMAIL Alison - Thanks for this update and please let me know if we can provide you anything for the board meeting. Bruce C. O'Donnell 9 l • 1 STARBOARD Realty Group, LLC Work: 720-441-3310 Cell: 303-810-3674 E Mail: bodonnell cgistarboardrealtygroup.com Web: www.starboardrealtygroup.com www.denverzoning.com On Thu, Jul 3, 2025 at 1:26 PM Alison Gorsevski <agorsevski@yonsgaddis.com>wrote: Hi, Bruce and Todd, Scott Holwick forwarded me your message. I checked in with PVIC this morning, and they would like to have a quick discussion about it at their board meeting on Wednesday (9th). I will be back in touch soon with an update. Thanks, Alison LYONS GADDIS bsisi-t I? ATTORNEYS & COUNSELORS Alison Gorsevski, Esq. Shareholder agorsevskin yonsgaddis.com 950 Spruce Street, Unit 1B Louisville, CO 80027 Office: 303-776-9900 Direct: 720-726-3675 I Mobile: 303-503-9950 lyonsgaddis. coin CONFIDE:\ HALM STATENIFN F: THIS E-MAIL MESSAGE: \\DANY ACCOMPA\1 INC DOCI \1ENTSCONTAIN INFORMATION WHICH IS ATTORNEY CLIENT PRIVILEGED, CONFIDENTIAL AND INTENDED ONLY FOR THE USE OF THE ABOVE -NAMED RECIPIENT. IF THE READER OF THIS .MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION, PRINTING OR COPYING OF THIS MESSAGE IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS MESSAGE IN ERROR, PLEASE IN1 %1EDIATELY NOTIFY I L BY TELEPHO\E OR RETURN THE E-MAIL MESSAGE TO US. THANK YOU. From: Scott E. Holwick <SHolwick@lyonsgaddis.com> Get Outlook for iOS From: Todd Johnson <Todd@terraformas.com> Sent: Thursday, July 3, 2025 6:56:32 AM To: Scott E. Holwick <SHo wick@ yonsgaddis.com> Cc: Bruce O'Donnell<bodonnell@starboardrealtygroup.com> Subject: RE: Pelican Lake Ranch - You don't often get email from todd@terraformas.com. Learn why this is im ortant EXTERNAL EMAIL Scott, just following up on this, please let us know at your earliest convenience. Thanks From: Todd Johnson Sent: Sunday, June 15, 2025 9:52 AM To: sholwick@lyonsgaddis.com Cc: Bruce O'Donnell <bodonnell@starboardrea tygroup.com> Subject: Pelican Lake Ranch - Scott, We appreciate your review and comments on the Pelican Lake Ranch Filing No. 2 project. We have reviewed your comments and have provided the attached response to the County as part of our process. Platte Valley Irrigation Company No further action for Final Plat/PUD are needed. Our firm represents the Platte Valley Irrigation Company ("PVIC"), which owns and operates an irrigation ditch which diverts off of the South Platte River below Fort Lupton at the Platte Valley Canal and delivers water to its shareholders nearly to Lake Christina (see attached map). PVIC is interested in the Pelican Lake Ranch and in PUD Filing No. 2; however, it appears that Filing No. 2 will mostly occur at a distance from the Evans No. 2 Ditch as it runs to the south and west of Lake Christina. Response: Correct and Filing 2 is outside the limits of your area. As stated above, the project is outside the limits and should not interfere with any operations or use. Please confirm at your earliest convenience or let us know if you have any further comments or questions. Thanks Todd A. Johnson, P.E. President, Cell. 303-257-7653 mar TERRA FORMA SOLUTIONS Confidential/Proprietary Note: The information in this email is confidential and may be legally privileged Access to this email by anyone other than the intended addressee is unauthorized If you are not the intended recipient of this message, any review. disclosure, copying, distribution, retention, or any action taken or omitted to be taken in reliance on it is prohibited and may be unlawful If you are not the intended recipient, please reply to or forward a copy of this message to the sender and delete the message. any attachments, and any copies thereof from your system Thanks Submit by Email = Weld County Referral January 8, 2024 The Weld County Department of Planning Services has received the following item for review Applicant REI LTD Liability Co Case Number PUDF24-0001 and Investors LTD Liability Co Please Reply By February 5, 2024 Planner Maxwell Nader Project A Site Specific Development Plan and Planned Unit Development Final Plan, PUDF24-0001 for Second Filing of Beebe Draw Farms for 284 residential lots with R-1 Low -Density Residential Zone District uses Parcel Number 121309000026-R4940286 Legal ALL OF SECTION 9, TOWNSHIP 3 NORTH, RANGE 65 WEST OF THE 6TH P M , WELD COUNTY, COLORADO Parcel Number 121308000014-R4939686 Legal ALL OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 65 WEST OF THE 6TH P M , WELD COUNTY, COLORADO Parcel Number 121317100016-R6784195 Legal ALL OF SECTION 17, TOWNSHIP 3 NORTH, RANGE 65 WEST OF THE 6TH P M , WELD COUNTY, COLORADO Location East of and adjacent to County Road 39, north of and adjacent to County Road 32 The application is submitted to you for review and recommendation Any comments or recommendation you consider relevant to this request would be appreciated Please reply by the above listed date so that we may give full consideration to your recommendation Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services If you have any further questions regarding the application, please call the Planner associated with the request Please note that new information may be added to applications under review during the review process If you desire to examine or obtain this additional information, please call the Department of Planning Services OWe have reviewed the request and find that it does / does not comply with our Comprehensive Plan because ❑ We have reviewed the request and find no conflicts with our interests © See attached letter sent via email from Atty Scott Holwick Signature "Ja,_.. a,..____ Date 1/2 5/2 0 2 4 Agency Platte Valley Irrigation Company Weld County Planning Dept PO Box 758, Greeley, CO 80632 Tel (970)-400-6100 Fax (970)-304-6498 Maxwell Nader From: Sent: To: Cc: Subject: Attachments: Follow Up Flag: Flag Status: Scott E. Holwick <SHolwick@lyonsgaddis.com> Wednesday, January 24, 2024 4:10 PM Maxwell Nader Platte Valley Irrigation Company (plattevalley@pvicditch.com); Kevin Schmidt and Cindy Schmidt (ks50000@aol.com); Michelle R. Soule PUD - Final application, case # PUDF24-0001 4&17 PLR Narrative.pdf; PVIC system + reservoir.pdf Flag for follow up Flagged Caution- This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi, Max, Our firm represents the Platte Valley Irrigation Company ("PVIC"), which owns and operates an irrigation ditch which diverts off of the South Platte River below Fort Lupton at the Platte Valley Canal and delivers water to its shareholders nearly to Lake Christina (see attached map). PVIC is interested in the Pelican Lake Ranch and in PUD Filing No. 2; however, it appears that Filing No. 2 will mostly occur at a distance from the Evans No. 2 Ditch as it runs to the south and west of Lake Christina. In review of the documents from this docket, reference is made within Terra Forma's Narrative/Overview/Statement of Conformance (attached — see the bottom of page 4) that there are "buffer zones along the lake and canal as described in the Amended and Restated Memorandum of Understanding with the Bureau of Reclamation." The referenced - document is not included in the documents available for this docket — can you please request that the Applicant's team provide it? Also, within that same document (on page 10), the Applicant references "specific site impacts which include "Ditch Company Operations" but no narrative explanation of such impacts are presented in the following text — please point me to where these impacts are discussed or request that the Applicant do so. To be clear, the canal referenced could be the Platte Valley Canal which at this location is owned and operated by FRICO (and the lake could be Milton Reservoir, also owned and operated by FRICO), but as PVIC owns and operates the Evans No. 2 Ditch (roughly parallel and to the north and east of the Platte Valley Canal, which ditch is proximate to Lake Christina which is located within the project boundaries, PVIC would like to ensure that current and future proposed uses do not impact its property interests and its operations. Please let me know if a phone call would be useful to explore these requests. Thank you. Best regards, Scott LYONS GADDIS Al hes 44 4;-c Scott E. Holwick 1 sholwick@lyonsgaddis. com P.O. Box 978 Longmont, CO 80502-0978 303-776-9900 I 303-776-9100 www.lyonsgaddis. com CONFIDENTIALITY STATEMENT: THIS E-MAIL MESSAGE AND ANY ACCOMPANYING DOCUMENTS CONTAIN INFORMATION WHICH IS ATTORNEY CLIENT PRIVILEGED, CONFIDENTIAL AND INTENDED ONLY FOR THE USE OF THE ABOVE -NAMED RECIPIENT. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION, PRINTING OR COPYING OF THIS MESSAGE IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS MESSAGE IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE OR RETURN THE E-MAIL MESSAGE TO US. THANK YOU. 2 TERRA FORMA SOLUTIONS October 8, 2023 RE: Pelican Lake Ranch — PUD Filing No. 2 Narrative/Overview/Statement of Conformance To whom it may concern: The following provides an overview of Chapter 27 PUD Final PUD/Plat requirements and narrative for the Pelican Lake Ranch ("PLR") project. The project is generally located ten miles south of Greeley, seven miles east of Platteville. and five miles south of La Salle, adjacent to Milton Reservoir in unincorporated Weld County. The Pelican Lake Ranch project is part of the Beebe Draw Farms and Equestrian Center PUD, originally zoned PUD for 800 lots with the underlying R-1 Zone District in 1984 and amended in 1989. The new Filing No. 2 is in conformance with the approved PUD and will follow the PUD standards. The new filing encompasses 847 acres both south and east of the existing Filing No. 1 and is comprised of 284 lots. 254 acres of open space/amenity area, and 65 acres of streets. See right for overview exhibit and the application for detailed information. Narrative: Pelican Lake Ranch ("PLR") is an established rural community of rural "estate" type lots, sited on 3,500 acres of gentle rolling grassland hills overlooking Milton Reservoir. This self- sufficient development is about one/fifth (1/5) complete with the first 186 lots fully developed and sold out, with an additional 2,800 acres remaining to develop in this master planned community within the overall PUD area currently approved for 800 lots. PELICAN LAKE RANCH — FILING — CON( I PT EXHIBIT • • ti• - 4t—cri t • 1/4 C N. • Si an -..---1". 1 Th.) 'Id -it ( zzfa Plana. (naptics. add k ltitnt ac, t nccpctatl in nzturc and tutpn1 w dotage. All current rnklu[ir, *elitism in the lxn•co ui bars Sussed out tintianal by the O& oparatocs And till IUSCCI4tc4 Boa Icaa are one cannw4 • _Mu It'll! Its L . • 11 ors' Makin ARr WIVT1M111.1 WALKINC,HC*Sl RIOIMI T RAILS IIIKE WALK PATH PROFtS1•7) t)!L SERV ICI: RAAAI A `5_ SETBACK PLUGGED and .%RAMIWIVTl) and STU( K WATER Ill ELLS 400. S! !HACK St and PROLLCIV(: WILLS on TP.VN,rra I iV[S OPEN SPA( E w►. N.w.r --Ps! .wan -.v •. --. ••ter i flea _ t►rt.-- PIS —..... N a•... r .... - - gel'. ••• M ..".. •w S ..• 1N.- 0••• r• w .rw. r•.rr IS ••••• •.• 1 " = 300' I I The primary owner of PLR is REI Limited Liability Company, dba Pelican Lake Ranch , a Wyoming Limited Liability Company. PLR is located within the boundaries of two (2) Metropolitan Districts and the Beebe Draw Farms Authority ("Authority"). The two Metropolitan Districts were established by 1 TERRA FORMA SOLUTIONS Weld County in 1986 and the Authority was established in 2011 by Weld County and have successfully served the homeowners within the project for over 30 years providing essential services. The Authority's purpose is to bind the Districts together concerning capital expenditures and operation and maintenance expenses so that the cost of providing facilities and services to the entire project will be shared equitably by the users of the public improvements and services under the numerous circumstances which could occur in the future. The Districts were organized to finance, acquire, construct, complete and operate certain public improvements, including but not limited to the essential infrastructure elements; streets, drainage, water, parks, recreation, landscape, common amenities, mosquito/rodent control and other services within its boundaries. The following is an exhibit of the structure and relationship between the Authority and the Districts: Beebe Draw Farms Authority Board GOVERNANCE Authority Board of Directors • ...••••a••• t..•rtr. t. ..•rq O••q t...... P• rf t r• -Ss •4. !...., • S. tl r.. -• t..r •.' Cw^v tied of D ►tr4I ►k j tin 4rr•t, INN +.. .N.... -...r...,.- .• • 4•••.•.• ban fee.* '.S4 Ir• tit..• ..". • ..... • ♦• _ t. -L..• . •'......, Ccr-pined ty► Vacaet Lae.: h:tr•rt Ore', Beebe Draw Farms Authority Board RESPONSIBILITIES Operations/Maintenance Decisions i• Made by a Vote of both District No 1 Representatives on Authority Board in Favor Beebe Draw Farms Authority Board RESPONSIBILITIES Construction Decisions Infrastructure Improvements (Roads, water, and other Infrastructure) Made by a Vote of Both District No. 2 Representatives on Authority Board in Favor l•••0 • Beebe Draw Farms Authority Board RESPONSIBILITIES Administrative Decisions All Four Board members (Majority Decides) J Beebe Draw Farms Authority Board RESPONSIBILITIES Construction Decisions New Arlcnhtnti Made by a Majority Vote of All Authority Board Members 0-* Beebe Draw Farms Authority Board $ h•n •t• en I. ■ s liai.r••d uSM 'batten • M MoroI We ✓ . •.. T . ' I ant •;) ) tea wv r.Sego's t M.rtMleaa Dee e km l Ow M# t..1 yo-- • .. •.: tr+e.r *TS OW Ceti tadrttcat/ tit Its IS tan atm a in w* Pu D - -la gas I A.r ar•t►S's r aassev ear. ktrrs. ?•.w t r"+, M+trarat. sn Q.,t• et two 1 .per..,•w.dMWten ab S tYOMr Will ten .• kef. D,• news Met, n.e d t:••• mill e/ Q11.at ' I dc+•.Q al►7rtnnter +i vadasSia Pir ).rt'. ow tw 1M ri Yet 't t"&•*.2• • ♦•. Z •ywn Art ..•• CYM V a is., Ca is - Iw Dyer V. Len led ste sad10naMslidised ■ Page 2 TERRA FORMA SOLUTIONS Background: Existing Property Zoning and Entitlements: • In 1984, Weld County zoned 4200+/- acres to PUD. Section 16, which was under contract to be purchased by REI is included in the acreage; however, REI did not purchase the parcel following financial difficulty in the mid 1980's. The State Land parcel (Section 16) is not included in any of the zoning amendments following the contract being terminated. • In 1986, Weld County approved and established two Metropolitan Districts to provide infrastructure, amenities, and other essential services for the overall 4,200 acres by levying taxes o n the real property and oil and gas production. • A 1989 PUD Amendment was approved for a total of 800 single family residential units. Allowed u ses included residential, recreational and oil/gas production. • In 1989, Weld County approved PUD zoning based on R-1 Zoning, with public water, engineered septic systems, and requiring a 300' separation between oil and gas wells. allowed one horse per acre, required that internal roads be maintained by the HOA or Districts and not by Weld County. • In 1989, Weld County approved the Beebe Draw Farms and Equestrian Center, corrected First Filing Final Plat for 186 single family lots on approximately 810 acres. • In 2011, Weld County approved and established the Beebe Draw Farms Authority to bind the two districts together and ensure the future development and maintenance of the capital improvements and amenities and infrastructure for the existing and remaining 2,800 -acres. Proposed: This Final PUD/Plat application for Filing No. 2 consisting of 284 lots with an overall density of two and one-half (2 %/2) acres per lot, is the next phase of expansion of the approved PUD and provides opportunities for new single-family residents on lots ranging from 1.1 to 3.0+ acres, with approximately thirty percent (30%) open space, roads and riding/walking trails connecting to the existing Filing No. 1. Public water and individual lot septic systems will service the lots. Residents of PLR currently enjoy numerous amenities as outlined below. All amenities, infrastructure and services are provided through the established Metropolitan Districts and the Authority. The established Beebe Draw Farms Authority will maintain all internal roadways and not require Weld County to maintain these roads. Funds will continue to be set aside from tax revenues to provide for the current and future operations and maintenance, infrastructure, and amenities. The tax revenues being roughly split 80%/20% Infrastructure/Amenities, following the funding of current operations and maintenance of the existing infrastructure and amenities within the District Boundaries. Additionally, previously provided parcels for the school and fire districts are still intact for their uses as needed by those entities. Animal units will be per the R-1 zoning/PUD. Physical Opportunities and Constraints of Property: • Approximately 50 active oil/gas wells currently exist within the remaining 2,800 Acre PUD, and the majority of active wells are in the process of being plugged and abandoned. • Equestrian and walking trail systems will be designed to connect a majority of the open space areas throughout the project. Page 3 TERRA FORMA SOLUTIONS Residential Land Uses Per Weld County Planned Unit Development Chapter 27, General Planned Land Uses, PLR blends nicely within the rural area surrounded by ranches and farms and adjacent to Milton Reservoir which is used for agriculture and recreation and provides an amazing visual amenity for the project. PLR's land is considered non -valuable for farming because of poor soils and lack of water for growing crops as was stated in the Resolution to Amend the PUD in 1989 by Weld County Commissioners as a reason for approval of the original PUD. The land owner (REI, LLC) leases the undeveloped land to ranchers in the area for grazing and plans to continue doing so as the planned development of the 2,800 acres will extend over the next twenty (20+) year period. It is anticipated that lot sales will continue at market driven pace of twenty-four(24) to fifty (50) lots per year. making it easy to plan and provide necessary services for the residents of PLR, without causing any negative impacts on schools, fire, law enforcement or water resources. The Authority will own, operate, and maintain the roads, infrastructure and amenities within PLR. Common Open Space Common Open Space is defined as any usable parcel of land or water essentially unimproved and set aside, dedicated, designated for future public or private use or enjoyment. Common Open Space shall be freely accessible to all residents and property owners of the development. Common Open Space shall not be occupied by buildings or structures other than those in conjunction with the use of open space, roads, or parking; nor shall it include the yards or lots of residential dwelling units required to meet minimum lot area or parking area requirements. Utility easements and the outer 50 feet of oil and gas buffer areas are considered open space and are a part of the open space network. The Common Open Space for PLR includes various parks and recreation facilities, landscape and appropriately located open spaces. PLR has identified an overall open space framework defined primarily by the community plan as well as by the limiting site factors. The plan will provide key linkages to create an integrated open space and trail network. Included in the Common Open Space are Limiting Site Factors or areas comprised of certain physical elements that obstruct or constrain certain types of development. Specific to PLR, these physical elements include, but are not limited to the following uses: • Water Detention or Retention Areas • Oil and Gas Operations Although these elements contain factors that limit certain types of development, these areas are, nevertheless, usable for recreational activities, parks, trails, and other amenities, or other functions that cannot damage or be damaged by the limiting site factors. PLR contains existing well sites, active and abandoned. To best incorporate these elements into the PUD they will be integrated within the amenity and open space areas. Another Common Open Space component are buffer zones along the lake and canal as described in the Amended and Restated Memorandum of Understanding with the Bureau of Reclamation. Page 4 TERRA FORMA SOLUTIONS Public Improvements and Amenities Constructed to Date Include: • See below exhibit. • 186 fully developed residential lots with paved streets, water, natural gas, electricity, and drainage improvements. • Miles of riding and walking trails; • Over 600 acres of open space and nature preserves, bird estuary with trails, descriptive signage, sheltered picnic area, and restroom facilities; • Community swimming pools and cabana; • Large park, sports courts including tennis, basketball, volleyball, and a putting green; Authority Matntains • Stocked fishing lake with docks creating an excellent warm water fishery; • Playground and community picnic area; • Community Information and Sales Center; • Outdoor riding arena and round pen; • Entry building; • Entry monumentation and landscape; • Maintenance Facility and District Office. • Future amenities will be planned by the Authority based on market and future resident needs and desires. Ownership Seel. Oct. Farms A;ahonty ■ +tenage soortIng auo Las.un rre Protecton Draw itt tl PLR Beath S Came Sites KILL: Stale of Cotoradu MC County Sc*sI Destnct RE + ■ Flog I Fling 2 Amenrtrts & Facilities Gate Hoes. Saes & Info Ctflr 6 RV Slangs Water Wells REI MAINTAINS Trails Roads 1.1 S: age Authority Maintained � J Covey Migrant:: o Ub Ctr4itna Trans Page 5 TERRA FORMA SOLUTIONS Development Standards/Concept: The Development Standards for PLR (nonurban scale development on public water and septic systems) require a minimum lot size of one (1) acre and an overall gross density of two and one-half (2%) acres per lot to allow for On -Site Wastewater Treatment System ("OWTS") for each residential Lot. This Final Plat does not revise or change anything within the existing Filing No. 1. Home types will blend with those found in the existing Filing No. 1 and have its own Covenants and Design Guidelines. Additional amenity areas will be created throughout the project based on current market and homeowner needs and desires and be implemented via the Authority/Metopolitan Districts. Riding and walking trails will be located throughout the project with connection to the entire community and a central equestrian center with horse boarding facilities. Minimum Home Size: Single Family residences shall be a minimum of 1,500 square feet, have a two car garage. Minimum Setbacks: • 50' from edge of right-of-way • 25' from side and rear lot lines Typical Lot Site Plan Surrounding 25' utility and drainage easement and setback Disturbed areas shall be seeded with native grass mix or other approved — xer'scaping 25' - 1 I Typ septic held area (5000-7000 st primary & secondary allowances) Privacy fenced area snail not exceed 20% of the lot area. & must be attached tc the principal dwelling All driveways must be grave; of paved and not interfere with drainage i I • _ • • 25' from plugged and abandoned oil and gas wells • 300' from producing wells I Fenced paddock area may be 25% of lot area, (paddocks are required with barns and shall only be permitted on designated equestrian tots) No open grazing allowed To barn for equestrian lots size rbased on number of permitted horses on lot (see Covenants & Guidelines' 1 Native grasses shall remain undisturbed wherever possible Landscaping 10 trees min snall be planted within 7 months of C O or at beginning of next planting season as specified in the design guidelines irrigated turf area not to exceed 5.0(X) Square Feet 50 minimum r—burlding setback from ROW Lot must tae designed to drain without affecting neighboring properties Subdivision drainage design shall not be modified Historic flows must be maintained Lot owners are responsible for any drainage alterations affecting neighboring properties and streets Page 6 TERRA FORMA SOLUTIONS Phasing: Phases may develop as shown below and as outlined in the Construction Schedule: Phase Number Of Lots Construction Start Blue 31 1 or 2Q 2024 Red 43 2026 Green 77 2028 Purple 51 2030 50 2032 ,...#4‘,,. 32 2033 Total 284 to, ifs , I I ItETIWIE fM.t% P.LII1i) *4 Kw, i.: 4. • se _.ti�--.i{ �? yam= f,. FILING 1 h I i a C. , ii of PHASE PHASE PHASE PIIASE PHASE PHASE TOTAL., :NINA ARAL AMENITY \REA F A WINDMILL W'ALKINGIl IORSL RIDING TRAII.S BIKE ANAL IC PATH 31 LOTS 43 LOTS 77 LOTS 51 LOTS 50 LOT'S 32 LOTS 284 LOTS ISM Page 7 TERRA FORMA SOLUTIONS Employment Growth in the population of PLR will allow additional employment within the overall community for management and maintenance personnel The metro district currently employs between 4 to 8 part time personnel to maintain -and operate the Authority owned facilities Water Service _ - - Pelican Lake Ranch is located within the Central Weld County Water District (CWCWD) service area Existing agreements with CWCWD exist to provide water to the project and the Authority and Developer will continue to work with CWCWD for the extension of water infrastructure Existing "can- - serve" letter has been provided by CWCWD to provide water,to PLR The can -serve letter for this PUD has been included and demonstrates that water will be available for the additional lots on a phase -by -phase basis subject to the terms of the CWCWD and/or the projects development agreement Detailed engineering will be performed at time of Final Plat to demonstrate appropriate and adequate water service and fire protection , Sewer Service , The underlying PUD zoning provides for on -site wastewater treatment systems (OWTS) which will be used for each lot On -site wastewater treatment systems are a common and effective method of domestic sewage disposal PLR will meet or exceed the Weld County Health Departments minimum standards for the design and construction of on -site wastewater treatment systems and has soils compatible for OWTS OWTS will be via individual engineered septic systems provided by each individual property(lot) owner and be operated and maintained by each property owner PLR associated metropolitan district (the Beebe Draws Authority) will provide septic systems for any public project elements and own and maintain the facilities Reference our Geotech Report which shows our soils are compatible with OWTS Vehicular Circulation — See Traffic Impact Study Pelican Lake Ranch is bounded by several major roadways including • WCR 39 (N/S road along western boundary) • WCR 38 (E/W road along northern boundary) • WCR 32 (E/W road along southern boundary) • Beebe Draw Farms Parkway (Central roadway through Filing 1 and additional Filings) Internal roadway networks will be created to interlink the above backbone network, provide site specific circulation while also providing safe traveling environments for the public A new access to WCR 32 will provide another major access point'to the new Filing No 2 lots Construction access is proposed to either be from the northeast utilizing existing private access or be temporary access through future phases within the southwest portion of the site All efforts will be made to minimize impact to the existing neighborhood Page 8 TERRA FORMA SOLUTIONS Landscape Plan The framework for the Conceptual Landscape Plan is defined primarily by the limiting factors of the site. These site constraints have been carefully integrated into the overall development and will provide key pedestrian linkages and an integrated trail and open space network. By doing this, we are able to design a usable network that will connect potential future regional recreation and open space systems to adjacent properties. The Conceptual Landscape Plan for Pelican Lake Ranch is a combination of both parks and trail corridors that link together to form an interconnected system through the development. This system connects both visually and physically to the dedicated open spaces that are located throughout the site. By doing this, we are encouraging pedestrian & equestrian movement through the site while allowing opportunities for smaller more intimate gathering places and focal points for each neighborhood. The proposed landscape plan illustrates the Common Open Space and outlot areas. Generally, recreational areas have been designed per the RUA criteria as follows: • Open Spaces - These are naturalized areas either undisturbed or reestablished large undeveloped spaces to provide animal and view corridors. These areas are important in maintaining wide open spaces provided in rural areas. Clusters of pine trees are present along the roads where the open space meets the road giving a sense of scale to the amount of open land present. • Equestrian/Pedestrian Trails - A continuation of trails utilized for horseback riding or walking interconnected through the development connecting with existing trails provided in Filing 1. These trails will be maintained by the Beebe Draw Farms Authority. • Pedestrian/Bike Loop — An area of roadway in filing 2 will provide an additional marked lane for pedestrian and bike use. This lane will be an approximate 2 -mile loop interior of the development for safer recreational use. • Residential landscaping - shall follow a Xeric approach. Xeriscaping is the practice of landscaping with slow -growing, drought tolerant plants to conserve water and reduce yard trimmings. From the beginning, a landscape can be designed to reduce the number of resources needed to maintain it and the amount of waste it produces. There are seven principles of xeriscaping that we discuss below which include the details concerning water conservation, soil improvement, turf usage, use of native plants, mulch, irrigation, and maintenance. A minimum amount of ground disturbance is encouraged, and a silt fence is required to contain silting of neighboring properties from areas of disturbance until the establishment of ground cover. Optional perimeter fence shall be of the split rail design and have a maximum height of 4 feet at the top rail. A private fence shall not exceed 20% of the lot area and must be attached to the principal dwelling. • Irrigated turf areas - shall be planted with enviro-turf type products which includes fescue grasses or a native buffalo grass mix and shall not exceed 5,000 square feet. Soils for turf areas shall include organic material at rate of 6 cu.yd./1000sgft tilled into the soil at a minimum of 4 inches to help retain water and allow for healthier root establishment. Outer native grass areas shall utilize a recommended Prairie grass mix. Trees, shrubs and perennial plants should be of the drought tolerant types and planted in Hydro -zones matching similar water needs to specific areas. Regional sources should be utilized for plant specific materials and design including Page 9 AMID TERRA FORMA SOLUTIONS http //plantselect org Irrigation systems must include rain sensors and, moisture sensors to reduce water waste A newer type of wireless controlled irrigation clock is recommended thathas more program control from offsite areas A minimum of 10 trees shall be planted within 7 months of C O or beginning during the next planting season Great care shall be taken in limiting the amount of disturbed area Disturbed areas shall be remediated with a native grass mix and planted by hydro seeding or seed drilling methods Re -seeding may be necessary until full establishment A continuation of the white three rail fence will be connected to the existing fence and run along the perimeter of the development that runs along county road 39 and County Road 32 The fence will also continue intathe south entrance of the development and run partially along Fairbanks Drive similar to how it partially runs along Beebe Draw Parkway The'main drive of south entry (Pelican Lake Drive) will be lined with indigenous trees to be recognize as the main entry into filing 2 Entry Signs — A large residential development sign exists on the corner of County Road 39 and County Road 32 Additional monument entry signs will be added to the south entrance on County Road 32 Environmental Impacts Environmental Impacts to Pelican Lake Ranch are,minor due to the site being located in an area historically used for ranching PLR is,not located on prime farmland and is not located in -an overlay district area Concerns such as heavy industrial and commercial uses are not present in proximity to the site Issues regarding vibration, smoke, odors, heat, light, glare, aesthetics, pollution, wetland removal, solid waste and wildlife removal are not a concern above normal background levels/disturbance Specific site impacts include • Oil and Gas Operations Ranching Operations Periphery Traffic Noise Seasonal Agricultural Operations (Dust and Odor) Ditch Company Operations Stormwater Runoff and Erosion Protection Grading Operations Commercial Mineral Deposits / Oil and Gas Facilities" The applicant has Surface Use Agreements with the oil and gas providers for the entire property Please refer to the Title Report for a complete list of mineral holders, SUAs, leases and agreements Oil and Gas Setback Setbacks will be per the approved PUD Housing will not be allowed in these established setbacks All pipelines will be buried in easements created for their use Oil and gas operations along with residential development in the Weld County area is a common occurrence and Page 10 TERRA FORMA SOLUTIONS is well regulated by the Colorado Oil and Gas commission, Weld County, and Surface use agreements PLR has co -existed with'oil and gas operations uses from the beginning of the development and the oil and gas operations are an included use in the PUD Additionally, the oil/gas wells within Filing No 2 are being plugged and abandon continually and,we anticipate that there will be zero operating wells by 2024 Ranching Operations Existing commercial ranching operations (other than smaller hobby ranching) will not be present in the area when residential development occurs PLR currently leases land for cattle grazing to nearby ranch operators on the undeveloped land in the project Seasonal Agricultural Operations (Dust and Odor) The primary concern from agricultural operations will be -dust (and to a minor extent, odor) Residential sales strategies will include educational information to inform future residents of the nature and importance of farming in the area A majority of suburban development in the Front Range creates housing adjacent to historic_ agricultural uses with successful results, PLR respects Weld County's Rights to Farm Ordinance Stormwater Runoff and Erosion Protection. Development -will occur in conformance with Federal, State and Local standards regarding stormwater and erosion protection Impacts to residents will be minor and impacts to off -site areas will be mitigated Grading Operations Most grading will occur prior to occupancy In the areas where additional phased grading occurs_after homeowner occupancy, development must conform to erosion protection standards regarding dust and other matters Once grading is complete no future impacts remain Service Impacts This PUD/Final Plat for Filing No 2 development will plan for and accommodate the following service impacts • Law Enforcement o A Law Enforcement District (LED) with the authority to collect up to 7 additional mills for services has already been established to supplement capital and operational revenues necessary to serve this rural development Fire Protection and Ambulance o The LaSalle Fire Protection District will continue to service the application area The Fire District has reviewed the concepts, previous agreements/arrangements, and the past dedication of 3 7 acres of land to the Fire District The Fire District is satisfied with the land previously dedicated and feels this,site will be a strategic location for further expansion when a new facility is needed not only for PLR but their overall o District service area A letter from the fire chief of the LaSalle Fire Protection District has been included with this application Transportation o Pelican Lake Ranch lies within a 12 -mile radius of three major U S interstates or -highways including U S 85, to the west, U S 34 to the north and U S 52 to the south Page 11 TERRA FORMA SOLUTIONS These three.established regional highways provide quick and easy access to/from the site and major regional centers such as Denver International Airport (DIA), Downtown Denver, Fort Collins, and Greeley Pelican Lake Ranch is therefore situated in a proven and well - established transportation network Roadways o Please refer to the Traffic Study prepared by Delich and Associates Geotechnical o A detailed geotechnical investigation will be performed The investigation will determine the design and pavement type and thickness based on proposed traffic loads and actual soil conditions Roadways Other Service Providers Include o Electric — Xcel Energy & United Power o Natural Gas — Atmos Energy o Water and Sanitary Provisions ■ Water will be provided by district services Central Weld County Water District (CWCWD) and agreements and service is already in place to continue water -` service to these 284 additional lots Development will occur in phases and prior to each phase PLR is required to have provided the raw water component to CWCWD PLR has already provided 65% of the raw water component by dedicating CBT shares PLR will be offering Budget Taps and encouraging xeriscape landscaping and water conservation _ There is no public sewer available in this area so on -site wastewater treatment systems (OWTS) will continue to be used for each lot Cable/Telephone/Fiber — Hilltop Broadband, Comcast, Qwest, or Other Page 12 ~ry>". IbefEr... Hunt Recharge Pond R65W • 1 4 t r N s• 1 44 IT a k • 1 i 1 . V . i- .• , it r laka C rlstloa •••St a 1 .. • t , Gilson Oil I t • 1 • • 1 1 R64W M • • • •-a . • OS. 4 Figure - 2 Platte Valley Recharge and Storage Project Platte Valley Irrigation Company Case No. 2002CW236 Prepared by: rApplegate Group, 1 inch equals 3,000 feet I .cgend ( Ran !insigne** S1.$lra aru1 Rnersan — i ;SG5 Wart Table Cancan 10 A Iteemnb. Ditches JS .tiler :abet • $ Rf, b,ivr non', Locations se. Or • • Elevation ill tto, coon ti Lew to s tt Ditch Recharge Roaches rtS-Rnfi Not Ma gratis No: Relict No3 Submit by Email Weld County Referral January 8, 2024 The Weld County Department of Planning Services has received the following item for review: Applicant: REI LTD Liability Co. Case Number: PUDF24-0001 and Investors LTD Liability Co. Please Reply By: February 5, 2024 Planner: Maxwell Nader Project: A Site Specific Development Plan and Planned Unit Development Final Plan, PUDF24-0001 for Second Filing of Beebe Draw Farms for 284 residential lots with R-1 Low -Density Residential Zone District uses. Parcel Number: 121309000026-R4940286 Legal: ALL OF SECTION 9, TOWNSHIP 3 NORTH, RANGE 65 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO. Parcel Number: 121308000014-R4939686 Legal: ALL OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 65 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO. Parcel Number 121317100016-R6784195 Legal: ALL OF SECTION 17, TOWNSHIP 3 NORTH, RANGE 65 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO. Location: East of and adjacent to County Road 39; north of and adjacent to County Road 32. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ■ We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. See attached letter. sent via email from Atty Scott Holwick a w 1/25/2024 Signature''``-- Date Agency Platte Valley Irrigation Company Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498 Maxwell Nader From: Sent: To: Cc: Subject: Attachments: Follow Up Flag: Flag Status: Scott E. Holwick <SHolwick@lyonsgaddis.com> Wednesday, January 24, 2024 4:10 PM Maxwell Nader Platte Valley Irrigation Company (plattevalley@pvicditch.com); Kevin Schmidt and Cindy Schmidt (ks50000@aol.com); Michelle R. Soule PUD - Final application, case # PUDF24-0001 4&17 PLR Narrative.pdf; PVIC system + reservoir.pdf Flag for follow up Flagged Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi, Max, Our firm represents the Platte Valley Irrigation Company ("PVIC"), which owns and operates an irrigation ditch which diverts off of the South Platte River below Fort Lupton at the Platte Valley Canal and delivers water to its shareholders nearly to Lake Christina (see attached map). PVIC is interested in the Pelican Lake Ranch and in PUD Filing No. 2; however, it appears that Filing No. 2 will mostly occur at a distance from the Evans No. 2 Ditch as it runs to the south and west of Lake Christina. In review of the documents from this docket, reference is made within Terra Forma's Narrative/Overview/Statement of Conformance (attached — see the bottom of page 4) that there are "buffer zones along the lake and canal as described in the Amended and Restated Memorandum of Understanding with the Bureau of Reclamation." The referenced - document is not included in the documents available for this docket — can you please request that the Applicant's team provide it? Also, within that same document (on page 10), the Applicant references "specific site impacts which include "Ditch Company Operations" but no narrative explanation of such impacts are presented in the following text — please point me to where these impacts are discussed or request that the Applicant do so. To be clear, the canal referenced could be the Platte Valley Canal which at this location is owned and operated by FRICO (and the lake could be Milton Reservoir, also owned and operated by FRICO), but as PVIC owns and operates the Evans No. 2 Ditch (roughly parallel and to the north and east of the Platte Valley Canal, which ditch is proximate to Lake Christina which is located within the project boundaries, PVIC would like to ensure that current and future proposed uses do not impact its property interests and its operations. Please let me know if a phone call would be useful to explore these requests. Thank you. Best regards, Scott LYONS GADDIS Scott E. Holwick 1. sholwickl yonsgaddis. com P.O. Box 978 Longmont, CO 80502-0978 303-776-9900 I F 303-776-9100 www. l yonsga d dis. com CONFIDENTIALITY STATEMENT: THIS E-MAIL MESSAGE AND ANY ACCOMPANYING DOCUMENTS CONTAIN INFORMATION WHICH IS ATTORNEY CLIENT PRIVILEGED, CONFIDENTIAL AND INTENDED ONLY FOR THE USE OF THE ABOVE -NAMED RECIPIENT. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION, PRINTING OR COPYING OF THIS MESSAGE IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS MESSAGE IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE OR RETURN THE E-MAIL MESSAGE TO US. THANK YOU. 2 e TERRA FORMA SOLUTIONS October 8, 2023 RE: Pelican Lake Ranch - PUD Filing No. 2 Narrative/Overview/Statement of Conformance To whom it may concern: The following provides an overview of Chapter 27 PUD Final PUD/Plat requirements and narrative for the Pelican Lake Ranch ("PLR") project. The project is generally located ten miles south of Greeley, seven miles east of Platteville, and five miles south of La Salle, adjacent to Milton Reservoir in unincorporated Weld County. The Pelican Lake Ranch project is part of the Beebe Draw Farms and Equestrian Center PUD, originally zoned PUD for 800 lots with the underlying R-1 Zone District in 1984 and amended in 1989. The new Filing No. 2 is in conformance with the approved PUD and will follow the PUD standards. The new filing encompasses 847 acres both south and east of the existing Filing No. 1 and is comprised of 284 lots, 254 acres of open space/amenity area, and 65 acres of streets. See right for overview exhibit and the application for detailed information. Narrative: Pelican Lake Ranch ("PLR") is an established rural community of rural "estate" type lots, sited on 3,500 acres of gentle rolling grassland hills overlooking Milton Reservoir. This self- sufficient development is about one/fifth (1/5) complete with the first 186 lots fully developed and sold out, with an additional 2,800 acres remaining to develop in this master planned community within the overall PUD area currently approved for 800 lots. I PELICAN LAKE RANCH - FILING 2 - CONCEPT EXHIBIT • I • ,Jt Th</\t, ��1 1 FU NG1'_.. AllAW — f Ain Plans, Graphics, and Exhibits arc conceptual in nature and subject to change. All current producing welly are in the process id -being plugged and abandoned by the 0$441 operators and all associated flow lines are being removed. r HUPP OP AMENITY AREA WINDMILL WALKINGIHORSE RIDING TRAILS BIKEAVALK PATH — —PROPOSED OIL SERVICE ROADS 2Y SETBACK PLUGGED and ATIANDONE )anal SLOCK wAiti WELLS 300' SETBACK SI and PRODUCING WELLS OIL TRANSFER LINES OPEN SPACE 4Ad,M ARATIM nig Z ZAMC 'Mt Y. Ilia IAMAI iFa. a 11Ara 'I.;.,.'Y I'% IOUs.» I0n aowa ISO 20 ALIA ia1c11 .S4 4QJw. a Waal Pao tnr gala* Mira 2:9 Parte aka Ha 1"=300' +r The primary owner of PLR is REI Limited Liability Company, dba Pelican Lake Ranch , a Wyoming Limited Liability Company. PLR is located within the boundaries of two (2) Metropolitan Districts and the Beebe Draw Farms Authority ("Authority"). The two Metropolitan Districts were established by e TERRA FORMA SOLUTIONS Weld County in 1986 and the Authority was established in 2011 by Weld County and have successfully served the homeowners within the project for over 30 years providing essential services. The Authority's purpose is to bind the Districts together concerning capital expenditures and operation and maintenance expenses so that the cost of providing facilities and services to the entire project will be shared equitably by the users of the public improvements and services under the numerous circumstances which could occur in the future. The Districts were organized to finance, acquire, construct, complete and operate certain public improvements, including but not limited to the essential infrastructure elements; streets, drainage, water, parks, recreation, landscape, common amenities, mosquito/rodent control and other services within its boundaries. The following is an exhibit of the structure and relationship between the Authority and the Districts: Beebe Draw Farms Authority Board GOVERNANCE Authority Board of Directors rep a y..,...r,s..., Assproird •. 40.ver Jere l-r►•e C. ►e Ire lie•-a•.J •.r, C►s••r • 1^ I IeiM^r Cast to Camp 'SS of Ontnct No 1 Residents Ts. hnww... Agsr.d Ir seat Wed j+f& On f r —• Sletr.c.- 4 r Client or 2 tw.rA [irrrten Computed of Vacant Lard Property Owners • Beebe Draw Farms Authority Board RESPONSIBILITIES Operations/Maintenance Decisions Made by a Vote of both District No. 1 Representatives on Authority Board in Favor Beebe Draw Farms Authority Board RESPONSIBILITIES Construction Decisions Infrastructure Improvements (Roads, water, and other Infrastructure) Made by a Vote of Both District No. 2 Representatives on Authority Board in Favor Beebe Draw Farms Authority Board RESPONSIBILITIES Administrative Decisions All Four Board members (Majority Decides) 00 Beebe Draw Farms Authority Board RESPONSIBILITIES Construction Decisions New Amenities Made by a Majority Vote of All Authority Board Members Beebe Draw Farms Authority Board $ Iep.-d OLM %SI levy Tao few.Aa *or Osstritt ton SOwl spore or Mural O4.11 Cosh Carta Into O•os I nes niw«wae Pueet le 1 tat PM Loser grey to w Adoolonot District A. 1 WI /wry Wel at dented M Onanf No 1 ebsresr•'cae+..s a Asars.•'an lord ¢refit Draw Finns Mrtr000lon Qnt_►Kt No 1 "oo.e• 'send ouu Lrr easy s61 sellessat NI levy at bets )rttntos A A Maienty vote ea Seed JO% An Msionst s $ vole 0 dwict be 2 bawd Itnyrstreitstrers S harlM.�vtlss. floe Draw f arms MtttrOOdeto l Dntt Kt NQ Z .•roses torn! ow w urn carer - Plus nett w Lary UMM00esp. SOnest.wSated Page 2 TERRA FORMA SOLUTIONS Background: Existing Property Zoning and Entitlements: • In 1984, Weld County zoned 4200+/- acres to PUD. Section 16, which was under contract to be purchased by REI is included in the acreage; however, REI did not purchase the parcel following financial difficulty in the mid 1980's. The State Land parcel (Section 16) is not included in any of the zoning amendments following the contract being terminated. • In 1986, Weld County approved and established two Metropolitan Districts to provide infrastructure, amenities, and other essential services for the overall 4,200 acres by levying taxes on the real property and oil and gas production. • A 1989 PUD Amendment was approved for a total of 800 single family residential units. Allowed uses included residential, recreational and oil/gas production. • In 1989, Weld County approved PUD zoning based on R-1 Zoning, with public water, engineered septic systems, and requiring a 300' separation between oil and gas wells, allowed one horse per acre, required that internal roads be maintained by the HOA or Districts and not by Weld County. • In 1989, Weld County approved the Beebe Draw Farms and Equestrian Center, corrected First Filing Final Plat for 186 single family lots on approximately 810 acres. • In 2011, Weld County approved and established the Beebe Draw Farms Authority to bind the two districts together and ensure the future development and maintenance of the capital improvements and amenities and infrastructure for the existing and remaining 2,800 -acres. P roposed: This Final PUD/Plat application for Filing No. 2 consisting of 284 lots with an overall density of two and one-half (2 %) acres per lot, is the next phase of expansion of the approved PUD and provides opportunities for new single-family residents on lots ranging from 1.1 to 3.0+ acres, with approximately thirty percent (30%) open space, roads and riding/walking trails connecting to the existing Filing No. 1. Public water and individual lot septic systems will service the lots. Residents of P LR currently enjoy numerous amenities as outlined below. All amenities, infrastructure and services are provided through the established Metropolitan Districts and the Authority. The established Beebe Draw Farms Authority will maintain all internal roadways and not require Weld County to maintain these roads. Funds will continue to be set aside from tax revenues to provide for the current and future operations and maintenance, infrastructure, and amenities. The tax revenues being roughly split 80%/20% Infrastructure/Amenities, following the funding of current operations and maintenance of the existing infrastructure and amenities within the District Boundaries. Additionally, previously provided parcels for the school and fire districts are still intact for their uses as needed by those entities. Animal units will be per the R-1 zoning/PUD. P hysical Opportunities and Constraints of Property: • Approximately 50 active oil/gas wells currently exist within the remaining 2,800 Acre PUD, and the majority of active wells are in the process of being plugged and abandoned. • Equestrian and walking trail systems will be designed to connect a majority of the open space areas throughout the project. Page 3 TERRA FORMA SOLUTIONS Residential Land Uses Per Weld County Planned Unit Development Chapter 27, General Planned Land Uses, PLR blends nicely within the rural area surrounded by ranches and farms and adjacent to Milton Reservoir which is used for agriculture and recreation and provides an amazing visual amenity for the project. PLR's land is considered non -valuable for farming because of poor soils and lack of water for growing crops as was stated in the Resolution to Amend the PUD in 1989 by Weld County Commissioners as a reason for approval of the original PUD. The land owner (REt, LLC) leases the undeveloped land to ranchers in the area for grazing and plans to continue doing so as the planned development of the 2,800 acres will extend over the next twenty (20+) year period. It is anticipated that lot sales will continue at market driven pace of twenty-four(24) to fifty (50) lots per year, making it easy to plan and provide necessary services for the residents of PLR, without causing any negative impacts on schools, fire, law enforcement or water resources. The Authority will own, operate, and maintain the roads, infrastructure and amenities within PLR. Common Open Space Common Open Space is defined as any usable parcel of land or water essentially unimproved and set aside, dedicated, designated for future public or private use or enjoyment. Common Open Space shall be freely accessible to all residents and property owners of the development. Common Open Space shall not be occupied by buildings or structures other than those in conjunction with the use of open space, roads, or parking; nor shall it include the yards or lots of residential dwelling units required to meet minimum lot area or parking area requirements. Utility easements and the outer 50 feet of oil and gas buffer areas are considered open space and are a part of the open space network. The Common Open Space for PLR includes various parks and recreation facilities, landscape and appropriately located open spaces. PLR has identified an overall open space framework defined primarily by the community plan as well as by the limiting site factors. The plan will provide key linkages to create an integrated open space and trail network. Included in the Common Open Space are Limiting Site Factors or areas comprised of certain physical elements that obstruct or constrain certain types of development. Specific to PLR, these physical elements include, but are not limited to the following uses: • Water Detention or Retention Areas • Oil and Gas Operations Although these elements contain factors that limit certain types of development, these areas are, nevertheless, usable for recreational activities, parks, trails, and other amenities, or other functions that cannot damage or be damaged by the limiting site factors. PLR contains existing well sites, active and abandoned. To best incorporate these elements into the PUD they will be integrated within the amenity and open space areas. Another Common Open Space component are buffer zones along the lake and canal as described in the Amended and Restated Memorandum of Understanding with the Bureau of Reclamation. Page 4 a TERRA FORMA SOLUTIONS Public Improvements and Amenities Constructed to Date Include: • See below exhibit. • 186 fully developed residential lots with paved streets, water, natural gas, electricity, and drainage improvements. • Miles of riding and walking trails; • Over 600 acres of open space and nature preserves, bird estuary with trails, descriptive signage, sheltered picnic area, and restroom facilities; • Community swimming pools and cabana; • Large park, sports courts including tennis, basketball, volleyball, and a putting green; Emergency Ace; Ks Authority Maintains MrOdon Reseer /ow N 0.6 1 Mile • Stocked fishing lake with docks creating an excellent warm water fishery; • Playground and community picnic area; • Community Information and Sales Center; • Outdoor riding arena and round pen; • Entry building; • Entry monumentation and landscape; • Maintenance Facility and District Office. • Future amenities will be planned by the Authority based on market and future resident needs and desires. Ownership Beebe Draw Farms Authority Heritage Sporting CLub Lasalle Fire Protection District PLR Beach S Camp Sites RE 1110 State of Colorado Weld County School District RE -1 Filing 1 Filing 2 Amenities & Facilities Gate House Sates & Info Center Pool & Playground Sports Court Park Riding Arena Water Wells 0 Stock Wells REI MAINTAINS @3 Equestrian Jump Course & Judging ® Restroorn and Picnic Pavilion "L'J 'Staked Fising Lake QCamping and Picnic Pavilion 11 Temporary Sales Office Filing 2 ® Future Amenity Area Trails Roads a• Equestrian Trait IN Bridge Authority Maintained a Authority Maintained County Maintained c . Lake Chnshna TWOS Page 5 TERRA FORMA SOLUTIONS Development Standards/Concept: The Development Standards for PLR (nonurban scale development on public water and septic systems) require a minimum lot size of one (1) acre and an overall gross density of two and one-half (2'/2) acres per lot to allow for On -Site Wastewater Treatment System ("OWTS") for each residential Lot. This Final Plat does not revise or change anything within the existing Filing No. 1. Home types will blend with those found in the existing Filing No. 1 and have its own Covenants and Design Guidelines. Additional amenity areas will be created throughout the project based on current market and homeowner needs and desires and be implemented via the Authority/Metopolitan Districts. Riding and walking trails will be located throughout the project with connection to the entire community and a central equestrian center with horse boarding facilities. Minimum Home Size: Single Family residences shall be a minimum of 1,500 square feet, have a two car garage. Minimum Setbacks: • 50' from edge of right-of-way • 25' from side and rear lot lines Typical Lot Site Plan Surrounding 25: utility and drainagf easement and setback Disturbed areas shall be seeded with native grass mix or other approved - _ xeriscaping. Typ. septic field area (5000-7000 sf primary & secondary allowances) Privacy fenced area shall not exceed 20% of the lot area, & must be attached to the principal dwelling. All driveways must be gravel or paved dRU not interfere with drainage. 25' i • 25' from plugged and abandoned oil and gas wells • 300' from producing wells Fenced paddock area may be 25% of lot area, (paddocks are required with barns and shad only be permitted on designated equestrian lots) No open grazing allowed Typ barn for equestrian lots, size based on number of permitted horses on lot (see Covenants & Guidelines) _ Native grasses shall remain undisturbed wherever possible. Landscaping: 10 trees min shall he planted within I months of C 0 or at beginning of next planting season as specified in the design guidelines. Irrigated turf area not to exceed 5,000 Square Feet 50' minimum budding setback from ROW Lot must be designed to drain without affecting neighboring properties. Subdivision drainage design shall not be modified. Historic flows must be maintained. Lot owners are responsible for any drainage alterations affecting neighboring properties and streets. Page 6 a a e TERRA FORMA SOLUTIONS P hasing: P hases may develop as shown below and as outlined in the Construction Schedule: Phase Number Of Lots Construction Start 31 1 or 2Q 2024 Red 43 2026 Green 77 2028 Purple 51 2030 50 2032 32 2033 Total 284 �1 1 1 1l I'-- 1 i 1 I 1j •'5 .I yioi I` .....a.....7. :: ▪ __ .JV. • j'�L I —1 ) I ! i I . ,1; .-- -• - ,' Fri E D �: ,'."-•-•'r-'r_-,PHrA,E Tr I JI '. yr .M1 -_-- .Ins. .I I II I .af x .'• I. — V/• -t aar 1/ 1 1 1 4 1 r // • ti+wtia-' . www >.'., -so••.J • �e .,• , 44 r r • '.• '. . I .w ate. .. yI v (d'——�r:J:'. — •wan. , I ---_• • I I - 1 II i• • la"26 n. ,.- ti� -` ,., ,avw I �� �2 _ a • 4410 __... 11..1 /5,I- :. S ..7.11......; '' � I v.• Ie. • 11 at a ea • le. ua an a.a-•a I....t.- - V111VI'•'J _J1 UI.a • re -a- 1, •'•1. 1 la • REEN\ :. \ PHASE ;rases ;t1 : VP ,,,•arr.rt. r+r IMAMS aI1N.- ia..�.'4... 1 •+ Z - rrN•' r .(1 1 1 • %.417C f/ ii _...: r aleIna?. ,. ' t ~ -I F -- -• I -. a 3. 44'S Ir•-a1a Si MP • - IC. at .Y • • , n{ earn Ilie ,. '•fie-�..., / .I Is l -• it • IN4.,1 •as alia J./V. r— lift As s. ILO I .ii 1 4..t.44A ..a'.aa.•.. .I II irl., >;I<..»: PIT f ' A. 1 I •', 1-1. I ., Y .d -.N/ I _mot fy - _l 1 - •1 -Th..," 1� ,. `�4 0 'to i 111• I �� •Y �-�, r�+ I ▪ I▪ . f1'S r�u a— •rw+•. /I' t• 9 II tan Iinm n. MAP. Jn rs Nip raMal - l'" ry 5 11 Ir- L.� BE-ZREE DRAVr- ,11 FF1JrJ J FILING 1 iI . ' L tI 1 F. -�-r.• ..v ,. 1 . s S. ... .flea,. ram. n. It ea tali - r - f iii I1� i • I �•fJI BLUE _ I ru 1 n tt r I •; - _ ....Ai.. • I Ea -, r 1. I M 4' :vv. 1vv. seI I I 1 'tat riaa ._A.. 1;4= ' alit el f a Imo• r<.•w - 4217,• ..a JAY • . YI 11 ••••u •a•a. YN/.. II.. --- N. • sat • AttWr n- • f y.,: �, r., -� % I,*%Om II` 11� f f I I I, r -I— -1 tTr 1� ! - ate Lv 1in- r�ot,yrY fl I •1.• • tans* Lw . .,••••• J` amiss. II rite: a•...11I 11••L.1 /al W.. it 1'%. ' •,1•I .IttaHv (PURPLEr;X\a\C// aa,ltl, n.G4L. 1 I.p t`sat�.1r J I _ •• Mai, tr Li r. rvu �tx�},1• PHASE %• 'r iaao i 1 ; tltfE LLV r II `•1 • ff..•. A '•-k ..+' l 1 - u. ,.• I ai l �•-. .f taw - •11... ''•}r` ass CS. PHASE ' 1'. lT!: �`.1 1 !al¢v 'ia✓r r'-�•Ti • ia`P~'afI Y{ ly Ii., '1•• .f s•olll: 4 �, r ry• „02•= 1•aAK •- :i yr ; n •` 1,1 III.!'``• .'51 • Lll in �'•;11 ' tie D re"• J• stctsturrt - rr+o 1 +.4 alai n. I y".. Nat a.il�I ril ,.• I /5- yL- - r 1••t - .�Ij a�y 'w V It,u.• .-" ti arit : 1 _ 1 Ian a '-a A rr.*•T 1Iv . �r•JU -11 a. IY411 J Wal•I .;1H tYt11a 1 1 I Ir••e Ile ...Wit �a Wirt 1,-n • ..40 a -� 1\14- , y I ~\ ' t1 to r-i •ti s+v.• d r' Ir +f,aa r 0. v ••oin.n I.r_ n. alt w • • N. .avv -:. I .t• I C.4.••1. - 1 1 X1L - I • II ill 11 •I too I: tie o slEarta r rT1: Y2.' I 1. .. N � a ` sa 'a a. TIIIMI3/4e.aNi Ic girl ea ran .er- col ORANGE PHASE NI IS lit PIER WWI. ▪ ihtlal • INTrt Orr a PO "Ali • • IrLS vms1 _Tess _ins! etr *4 a -OP I al a AMENITY AREA WINDMILL BIKE/WALK PATH PI IASI:. 31 LOTS PHASE 43 LOTS PHASE 77 LOTS PHASE 51 LOTS PHASE 5-0 LOTS PHASE 32 LOTS TOTA I 2;C-4 LOTS Page 7 TERRA FORMA SOLUTIONS Employment Growth in the population of PLR will allow additional employment within the overall community for management and maintenance personnel. The metro district currently employs between 4 to 8 part time personnel to maintain and operate the Authority owned facilities. Water Service Pelican Lake Ranch is located within the Central Weld County Water District (CWCWD) service area. Existing agreements with CWCWD exist to provide water to the project and the Authority and Developer will continue to work with CWCWD for the extension of water infrastructure. Existing "can - serve" letter has been provided by CWCWD to provide water to PLR. The can -serve letter for this PUD has been included and demonstrates that water will be available for the additional lots on a phase -by -phase basis subject to the terms of the CWCWD and/or the projects development agreement. Detailed engineering will be performed at time of Final Plat to demonstrate appropriate and adequate water service and fire protection. Sewer Service The underlying PUD zoning provides for on -site wastewater treatment systems (OWTS) which will be used for each lot. On -site wastewater treatment systems are a common and effective method of domestic sewage disposal. PLR will meet or exceed the Weld County Health Departments minimum standards for the design and construction of on -site wastewater treatment systems and has soils compatible for OWTS. OWTS will be via individual engineered septic systems provided by each individual property(lot) owner and be operated and maintained by each property owner. PLR associated metropolitan district (the Beebe Draws Authority) will provide septic systems for any public project elements and own and maintain the facilities. Reference our Geotech Report which shows our soils are compatible with OWTS. Vehicular Circulation — See Traffic Impact Study Pelican Lake Ranch is bounded by several major roadways including: • WCR 39 (N/S road along western boundary) • WCR 38 (E/W road along northern boundary) • WCR 32 (E/W road along southern boundary) • Beebe Draw Farms Parkway (Central roadway through Filing 1 and additional Filings) Internal roadway networks will be created to interlink the above backbone network, provide site specific circulation while also providing safe traveling environments for the public. A new access to WCR 32 will provide another major access point to the new Filing No. 2 lots. Construction access is proposed to either be from the northeast utilizing existing private access or be temporary access through future phases within the southwest portion of the site. All efforts will be made to minimize impact to the existing neighborhood. Page 8 TERRA FORMA SOLUTIONS Landscape Plan The framework for the Conceptual Landscape Plan is defined primarily by the limiting factors of the site. These site constraints have been carefully integrated into the overall development and will provide key pedestrian linkages and an integrated trail and open space network. By doing this, we are able to design a usable network that will connect potential future regional recreation and open space systems to adjacent properties. The Conceptual Landscape Plan for Pelican Lake Ranch is a combination of both parks and trail corridors that link together to form an interconnected system through the development. This system connects both visually and physically to the dedicated open spaces that are located throughout the site. By doing this, we are encouraging pedestrian & equestrian movement through the site while allowing opportunities for smaller more intimate gathering places and focal points for each neighborhood. The proposed landscape plan illustrates the Common Open Space and outlot areas. Generally, recreational areas have been designed per the RUA criteria as follows: • Open Spaces - These are naturalized areas either undisturbed or reestablished large undeveloped spaces to provide animal and view corridors. These areas are important in maintaining wide open spaces provided in rural areas. Clusters of pine trees are present along the roads where the open space meets the road giving a sense of scale to the amount of open land present. • Equestrian/Pedestrian Trails - A continuation of trails utilized for horseback riding or walking interconnected through the development connecting with existing trails provided in Filing 1. These trails will be maintained by the Beebe Draw Farms Authority. • Pedestrian/Bike Loop — An area of roadway in filing 2 will provide an additional marked lane for pedestrian and bike use. This lane will be an approximate 2 -mile loop interior of the development for safer recreational use. • Residential landscaping - shall follow a Xeric approach. Xeriscaping is the practice of landscaping with slow -growing, drought tolerant plants to conserve water and reduce yard trimmings. From the beginning, a landscape can be designed to reduce the number of resources needed to maintain it and the amount of waste it produces. There are seven principles of xeriscaping that we discuss below which include the details concerning water conservation, soil improvement, turf usage, use of native plants, mulch, irrigation, and maintenance. A minimum amount of ground disturbance is encouraged, and a silt fence is required to contain silting of neighboring properties from areas of disturbance until the establishment of ground cover. Optional perimeter fence shall be of the split rail design and have a maximum height of 4 feet at the top rail. A private fence shall not exceed 20% of the lot area and must be attached to the principal dwelling. • Irrigated turf areas - shall be planted with enviro-turf type products which includes fescue grasses or a native buffalo grass mix and shall not exceed 5,000 square feet. Soils for turf areas shall include organic material at rate of 6 cu.yd./1000sgft tilled into the soil at a minimum of 4 inches to help retain water and allow for healthier root establishment. Outer native grass areas shall utilize a recommended Prairie grass mix. Trees, shrubs and perennial plants should be of the drought tolerant types and planted in Hydro -zones matching similar water needs to specific areas. Regional sources should be utilized for plant specific materials and design including Page 9 TERRA FORMA SOLUTIONS http://plantselect.org. Irrigation systems must include rain sensors and moisture sensors to reduce water waste. A newer type of wireless controlled irrigation clock is recommended that has more program control from offsite areas. A minimum of 10 trees shall be planted within 7 months of C.O. or beginning during the next planting season. Great care shall be taken in limiting the amount of disturbed area. Disturbed areas shall be remediated with a native grass mix and planted by hydro seeding or seed drilling methods. Re -seeding may be necessary until full establishment. A continuation of the white three rail fence will be connected to the existing fence and run along the perimeter of the development that runs along county road 39 and County Road 32. The fence will also continue into the south entrance of the development and run partially along Fairbanks Drive similar to how it partially runs along Beebe Draw Parkway. The main drive of south entry (Pelican Lake Drive) will be lined with indigenous trees to be recognize as the main entry into filing 2. Entry Signs — A large residential development sign exists on the corner of County Road 39 and County Road 32. Additional monument entry signs will be added to the south entrance on County Road 32. Environmental Impacts: Environmental Impacts to Pelican Lake Ranch are minor due to the site being located in an area historically used for ranching. PLR is not located on prime farmland and is not located in an overlay district area. Concerns such as heavy industrial and commercial uses are not present in proximity to the site. Issues regarding vibration, smoke, odors, heat, light, glare, aesthetics, pollution, wetland removal, solid waste and wildlife removal are not a concern above normal background levels/disturbance. Specific site impacts include: • Oil and Gas Operations • Ranching Operations • Periphery Traffic Noise • Seasonal Agricultural Operations (Dust and Odor) • Ditch Company Operations • Stormwater Runoff and Erosion Protection • Grading Operations Commercial Mineral Deposits / Oil and Gas Facilities: The applicant has Surface Use Agreements with the oil and gas providers for the entire property. Please refer to the Title Report for a complete list of mineral holders, SUAs, leases and agreements. Oil and Gas Setback: Setbacks will be per the approved PUD. Housing will not be allowed in these established setbacks. All pipelines will be buried in easements created for their use. Oil and gas operations along with residential development in the Weld County area is a common occurrence and Page 10 TERRA FORMA SOLUTIONS is well regulated by the Colorado Oil and Gas commission, Weld County, and Surface use agreements. PLR has co -existed with oil and gas operations uses from the beginning of the development and the oil and gas operations are an included use in the PUD. Additionally, the oil/gas wells within Filing No. 2 are being plugged and abandon continually and we anticipate that there will be zero operating wells by 2024. Ranching Operations: Existing commercial ranching operations (other than smaller hobby ranching) will not be present in the area when residential development occurs. PLR currently leases land for cattle grazing to nearby ranch operators on the undeveloped land in the project. Seasonal Agricultural Operations (Dust and Odor): The primary concern from agricultural operations will be dust (and to a minor extent, odor). Residential sales strategies will include educational information to inform future residents of the nature and importance of farming in the area. A majority of suburban development in the Front Range creates housing adjacent to historic agricultural uses with successful results, PLR respects Weld County's Rights to Farm Ordinance. Stormwater Runoff and Erosion Protection: Development will occur in conformance with Federal, State and Local standards regarding stormwater and erosion protection. Impacts to residents will be minor and impacts to off -site areas will be mitigated. Grading Operations: Most grading will occur prior to occupancy. In the areas where additional phased grading occurs after homeowner occupancy, development must conform to erosion protection standards regarding dust and other matters. Once grading is complete no future impacts remain. Service Impacts This PUD/Final Plat for Filing No. 2 development will plan for and accommodate the following service impacts: • Law Enforcement o A Law Enforcement District (LED) with the authority to collect up to 7 additional mills for services has already been established to supplement capital and operational revenues necessary to serve this rural development. • Fire Protection and Ambulance o The LaSalle Fire Protection District will continue to service the application area. The Fire District has reviewed the concepts, previous agreements/arrangements, and the past dedication of 3.7 acres of land to the Fire District. The Fire District is satisfied with the land previously dedicated and feels this site will be a strategic location for further expansion when a new facility is needed not only for PLR but their overall o District service area. A letter from the fire chief of the LaSalle Fire Protection District has been included with this application. • Transportation o Pelican Lake Ranch lies within a 12 -mile radius of three major U.S. interstates or highways including U.S. 85 to the west, U.S. 34 to the north and U.S. 52 to the south. Page 11 TERRA FORMA SOLUTIONS These three established regional highways provide quick and easy access to/from the site and major regional centers such as Denver International Airport (DIA), Downtown Denver, Fort Collins, and Greeley. Pelican Lake Ranch is therefore situated in a proven and well - established transportation network. • Roadways o Please refer to the Traffic Study prepared by Delich and Associates. • Geotechnical o A detailed geotechnical investigation will be performed. The investigation will determine the design and pavement type and thickness based on proposed traffic loads and actual soil conditions. Roadways • Other Service Providers Include: o Electric — Xcel Energy & United Power o Natural Gas — Atmos Energy o Water and Sanitary Provisions ■ Water will be provided by district services. Central Weld County Water District (CWCWD) and agreements and service is already in place to continue water service to these 284 additional lots. Development will occur in phases and prior to each phase PLR is required to have provided the raw water component to CWCWD. PLR has already provided 65% of the raw water component by dedicating CBT shares. PLR will be offering Budget Taps and encouraging xeriscape landscaping and water conservation. ■ There is no public sewer available in this area so on -site wastewater treatment systems (OWTS) will continue to be used for each lot. o Cable/Telephone/Fiber — Hilltop Broadband, Comcast, Qwest, or Other Page 12 1Ln Weld County School District RE -1 Gilcrest • LaSalle • Platteville January 23, 2023 Weld County Planning Department 1444 North 17th Avenue Greeley, CO 80631 RE: Pelican Lake Ranch Filing No. 2 To Weld County Planning Department, P.O. Box 157 Gilcrest, CO 80623 Phone 970-350-4201 Pelican Lake Ranch (PLR) representatives sent an email to the District on January 23, 2023, and presented a new final plat to a total of 284 units which is south and east of the current filing 1. The district has reviewed the concepts, previous agreements/arrangements, and the dedication of 36 acres of land to the district. The district is satisfied with the 36 acres of land previously dedicated but is open to possibly relocating to a different site sometime in the future. The district will continue to provide public education to the residents of PLR and looks forward to continuing its working relationship with the Beebe Draw Farms Authority and REI, LLC the Developer of PLR, and current and future families. Additionally, the District has no obligations to build a school on the property and may use the land for whatever uses they choose. Sincerely, (Jo%cvt' malt /01awelaafreff Johan van Nieuwenhuizen Superintendent of Weld County School District RE -1 Kim Chacon President Ben Rainbolt, Jr. Vice President BOARD OF EDUCATION Naomi Nguyen Secretary Bridget Holcomb Treasurer Pat Montoya Director Our Total Commitment is to Provide an Exemplary Education and Safe Environment for all Students 4a3a1€e 71te teeeetIes De4wtc,e January 23, 2023 Weld County Planning Department 144 North 17th Avenue Greeley CO 80631 RE: Pelican Lake Ranch Filing No. 2 To the Weld County Planning Department/ Pelican Lake Ranch (PLR) representatives met with the District on January 23, 2023 and were presented with a map referencing filing number 2. Filing 2 consists of an additional 284 lots. The district also reviewed the concepts, previous agreements/arrangements and the past dedication of 3.7 acres of land to the district. The district is open to future conversations on the exact location of this site. Many factors will come in to play on the best location for this site. The district will continue to work with PLR on the best location that will not only serve PLR but the overall District service area. The District will continue to provide fire protection to the residents of PLR and looks forward to continuing its working relationship, associations and partnering with PLR and the Developer. Sincerely, Bear Hulsey Fire Chief LaSalle Fire Protection District 118 Main Street 970-284-6336 Fax 970-284-6042 LaSalle CO, 80645 Lasallefire.com REI, LLC 825 E. Speer Boulevard, Suite 312 Denver, Colorado 80218 July 31, 2025 Mr. Max Nader Weld County Planning Services 1402 N. 17th Avenue Greeley, CO 80632 RE: Pelican Lake Ranch Filing 2 / PUDF24-0001 Dear Mr. Nader, This letter is in response to the Beebe Draw Farms Authority agency referral comment letter for PLR Filing 2 dated February 8, 2024. That letter identifies two concerns: (I), Construction traffic on Filing 1 roads; and (ii), Landscaping irrigation. REI is on record from numerous BBDFA Board meetings, an email sent to the Authority on June 3, 2025 (attached) and a presentation at a community open house on July 21, 2025 that construction traffic with major construction equipment serving Filing 2 will be prohibited from using Filing 1 roads. REI is also on record from the same June 3, 2025 email to the BBDFA that landscaping appurtenant to entrances into Filing 2 from Weld County will be owned and maintained by the Authority and that the planting areas for these locations will be irrigated, to include the clusters of "3 PN's" shown in the Filing 2 plan. These topics have to do with design, sitework and construction subsequent to Filing 2 approval. REI, during Filing 2 construction will see that these requirements are adhered to. Please contact me should the County require additional information. Sincerely, Bruce O'Donnell Manager Cc: Lisa Johnson, BBDFA 1 7/31/25, 3:02 PM Starboard Realty Group Mail - Another item for BBDFA packet and agenda - June 11 Bruce O'Donnell <bodonnell@starboardrealtygroup.com> Another item for BBDFA packet and agenda - June 11 1 message Bruce O'Donnell <bodonnell@starboardrealtygroup.com> Tue, Jun 3, 2025 at 3:24 PM To: "Johnson, Lisa" <LISA.JOHNSON@claconnect.com> Lisa - Please enter this email and the attachments into the record for the June 11, 2025 BBDFA public hearing RE: Developer update. For the record, REI, LLC hereby commits that, for Pelican Lake Ranch Filing 2: 1. Filing 2 will have direct access to CR 39 as shown in the attached plan. 2. REI will, through construction contracts, prohibit construction traffic serving the portions of Filing 2 south of Filing 1 on the existing roads in Filing 1. 3. Tree plantings in clusters and at community entrances in rights of way and tracts will be irrigated. Attached please find the BBDFA Weld County referral letter dated February 8, 2024 addressing these matters, along with a draft template for an updated letter acknowledging Filing 2's responsiveness in addressing these issues. REI asks that the Authority submit a similar letter to the County. Thank you, Bruce C. O'Donnell STARBOARD REALTY GROUP, LLC STARBOARD Realty Group, LLC Work: 720-441-3310 Cell: 303-810-3674 E Mail: bodonnell@starboardrealtygroup.com Web: www.starboardrealtygroup.com www.denverzoning.com https://mail.google.com/mail/u/0/?ik=7177f3b67f&view=pt&search=all&permthid=thread-a:r-6349542783267731687%7Cmsg-a:r200951298307576080... 1/2 7/31/25, 3:02 PM Starboard Realty Group Mail - Another item for BBDFA packet and agenda - June 11 3 attachments J� BBDFA Referral comments.docx 31K _� BBDFA Referral comments.pdf 855K 0000 Colored Plat for Filing 2.pdf 1220K https://mail.google.com/mail/u/0/?ik=7177f3b67f&view=pt&search=all&permthid=thread-a:r-6349542783267731687%7Cmsg-a:r200951298307576080... 2/2 Submit by Email Weld County Referral January 8, 2024 The Weld County Department of Planning Services has received the following item for review: Applicant: REI LTD Liability Co. Case Number: PUDF24-0001 and Investors LTD Liability Co. Please Reply By: February 5, 2024 Planner: Maxwell Nader Project: A Site Specific Development Plan and Planned Unit Development Final Plan, PUDF24-0001 for Second Filing of Beebe Draw Farms for 284 residential lots with R-1 Low -Density Residential Zone District uses. Parcel Number: 121309000026-R4940286 Legal: ALL OF SECTION 9, TOWNSHIP 3 NORTH, RANGE 65 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO. Parcel Number: 121308000014-R4939686 Legal: ALL OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 65 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO. Parcel Number: 121317100016-R6784195 Legal: ALL OF SECTION 17, TOWNSHIP 3 NORTH, RANGE 65 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO. Location: East of and adjacent to County Road 39; north of and adjacent to County Road 32. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. I _ We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: (see attached letter) We have reviewed the request and find no conflicts with our interests. See attached letter. Signature 05444.1/4°Date 2/8/2024 Agency Beebe Draw Farms Authority Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498 February 8, 2024 Beebe Draw Farms Authority Platteville, CO 80651 To: Max Nader, Weld County Planners Re: Case Number: PUDF24-0001 The Beebe Draw Farms Authority, in response to your request for comments, has reviewed the landowners' request for a final plat and site plan for Filing No. 2 Beebe Draw Farms. In our review we identified the following concerns: 1. Major construction equipment must not use existing roadways in Filing No. 1 during the infrastructure and home building in Filing No. 2. Alternative access must be provided to keep heavy construction vehicles off of our private roads. 2. Landscaping is shown in the plans to be "hand watered". Landscaping appurtenant to the south entrance to WCR 32 is obviously intended to be owned and maintained by the Authority. These plantings must be irrigated. And there needs to be clarification on who will own and maintain the clusters of "3 PN's" scattered throughout the plan. If the PN's are to be Authority responsibility, they must be irrigated. If the future homeowners are to maintain them, a reliable plan must be established to get those trees established and then maintained especially considering that the lots and houses are intended to be served with "1/2 taps". The Beebe Draw Farms Authority appreciates the opportunity to comment on this planned development and strongly encourages Weld County to consider and require our comments to be incorporated into the approved development. Lisa Johnson, District Manager Beebe Draw Farms Authority Submit by Email u ' ;_. Li N Weld County Referral January 8, 2024 The Weld County Department of Planning Services has received the following item for review: Applicant: REI LTD Liability Co. Case Number: PUDF24-0001 and Investors LTD Liability Co. Please Reply By: February 5, 2024 Planner: Maxwell Nader Project: A Site Specific Development Plan and Planned Unit Development Final Plan, PUDF24-0001 for Second Filing of Beebe Draw Farms for 284 residential lots with R-1 Low -Density Residential Zone District uses. Parcel Number: 121309000026-R4940286 Legal: ALL OF SECTION 9, TOWNSHIP 3 NORTH, RANGE 65 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO. Parcel Number: 121308000014-R4939686 Legal: ALL OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 65 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO. Parcel Number: 121317100016-R6784195 Legal: ALL OF SECTION 17, TOWNSHIP 3 NORTH, RANGE 65 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO. Location: East of and adjacent to County Road 39; north of and adjacent to County Road 32. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. We have reviewed the request and find that it does / does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. See attached letter. Signature Troy Renken, Town Manager Date February 5, 2024 Agency Town of Platteville Weld County Planning Dept. PO Box 758, Greeley, CO 80632 Tel:(970)-400-6100 Fax:(970)-304-6498 TOWN OF PLATTEVILLE Troy Renken, Town Manager 400 Grand Avenue, Platteville, Colorado 80651 970.785.2245 - 970.785.2476 (f) (trenkenp1attevillegov . org) February 5, 2024 Weld County Planning Department PO Box 758 Greeley, CO 80632 Reference: Beebe Draw Farms 2nd Filing PUDF24-0001 Dear Planner Maxwell Nader, I'm submitting this referral to you on behalf of the Platteville Board of Trustees regarding concerns on the Site - Specific Development Plan & Planned Unit Development Final Plan, PUDF24-0001 for Second Filing of Beebe Draw Farms for 284 residential lots with R-1 Low -Density Residential Zone District Uses. This development, located approximately eight miles east of Platteville adjacent to CR39 and north of CR32, has the potential of generating increased traffic volumes on CR32 westbound to access US85 into the Town of Platteville that likely will cause increased traffic congestion. Even though the Colorado Department of Transportation owns and maintains the traffic signal and right-of-way at U585 the Town of Platteville owns and maintains CR32 from US85 east to CR29 and North & South Front Streets that are frontage roadways on the east side of U585 that will likely be used when the UPRR blocks the crossing to U585. The Traffic Impact Study that was completed in November 2023 by Delich Associates shows the potential of several thousand vehicle trips per day upon full development of this PUD that is the basis for this concern and referral letter. The Town of Platteville is requesting an opportunity to be more actively involved with the public hearing and plan review process for the Beebe Draw Farms development proposal as it moves forward to ensure that issues stemming from this development proposal that may impact the Town of Platteville are discussed and addressed. Sincerely, .............•""elr / .-e-A-"/ ..- �et/ Troy Renken, Town Manager COLORADO GEOLOGICAL SURVEY 1801 Moly Road Golden, Colorado 80401 January 29, 2024 Maxwell Nader Weld County Department of Planning Services mnader@weldgov.com Location: Section 17 and Parts of Sections 4, 8. and 9, T3N, R65W, 6th P.M. 40.229, -104.6875 Subject: PUDF24-0001 Pelican Lake Ranch / Beebe Draw Farms Filing 2 Weld County, Colorado; CGS Unique No. WE -22-0028-2 Dear Maxwell: Matthew L. Morgan State Geologist and Director The Colorado Geological Survey has reviewed the Pelican Lake Ranch / Beebe Draw Farms Filing 2 PUD Final Plan and Site -Specific Development Plan referral (PUDF24-0001). I understand the applicant proposes 284 residential lots with R-1 low density residential zone district uses on 847 acres located east of Platteville. CGS previously reviewed Soilogic's Geologic and Preliminary On -Site Wastewater Treatment System (OWTS) Site and Soil Evaluation Report - Pelican Lake Ranch Subdivision Weld County (Platteville), Colorado (Soilogic Project # 20-1130, May 28, 2020). CGS agrees with Soilogic's 5/28/2020 interpretation that the site does not contain economically recoverable aggregate or metallic mineral resources and that no known or suspected geologic hazards are present that would preclude the proposed residential development. However: Oil/Gas and Setbacks. Pelican Lake Ranch Filing No. 2 plat note 14 states, "ALL DWELLING UNITS... SHALL BE LOCATED A MINIMUM OF 300 -FEET FROM OIL AND GAS WELLS AND PRODUCTION FACILITIES." CGS recognizes that most or all of the wells within the subject site have been or will be plugged and abandoned. However, under current conditions, the 300 ft. O&G setback significantly encroaches onto several proposed lots including, but not necessarily limited to: 92, 153, 179, 219, 220. 228, 229, 283. Geology and soil engineering properties. Available geologic maps (Brandt, T.R. et al., 2003, USGS OF -2003- 24) indicate the site overburden materials consist of windblown clay, silt, and sand underlain by the Laramie Formation. The windblown material may be subject to consolidation when loaded or wetted and can be erodible and subject to soil blowing and water erosion. The Laramie Formation includes expansive claystone bedrock. • Lot- or site -specific geotechnical studies will be necessary to characterize soil engineering properties such as expansion/consolidation (collapse) potential, strength, water content, and allowable bearing pressures. This information will be needed to determine if removing and replacing loose or expansive soils/bedrock is necessary and to design individual foundations, floor systems, and subsurface drainage. • Erosion control measures must be implemented during the design and construction of this development. Groundwater. CGS agrees with Soilogic (page 4) that "Groundwater levels will vary seasonally and over time based on weather conditions, site development, irrigation practices and other hydrologic conditions. Perched and/or trapped groundwater conditions may also be encountered at times throughout the year." Also, on page 2, "While site groundwater levels are not anticipated to significantly impact proposed construction, care will be needed to establish finish floor slab levels above seasonal high groundwater." WE -22-0028_2 Pelican Lake Ranch (Beebe Draw Farms and Equestrian Center) Filing 2 PUDF24-0001 3:56 PM, 01/29/2024 Maxwell Nader January 29, 2024 Page 2 of 2 • If basements are being considered within the proposed development, depths to bedrock (to determine if a perched water condition is possible) and groundwater should be obtained early in the design process to determine the feasibility of basements and, if necessary, to design subsurface drainage systems. Corrosive soils. According to NRCS soil survey data, some of the site soils are highly corrosive to uncoated steel and have a moderate potential for sulfate attack on concrete Disturbance tends to increase corrosivity. • Epoxy -coated, fiberglass/composite, concrete, or otherwise corrosion -resistant or corrosion -proof basement window wells are recommended on lots where basements are planned and groundwater levels are sufficiently deep to allow basement construction. • The need for sulfate attack -resistant (Type II or Type V) cement in project concrete should be evaluated. Thank you for the opportunity to review and comment on this project. If you have questions or require additional review, please call me at (303) 384-2643, or e-mail carlson@mines.edu. Sincerely, Jill Carlson, C.E.G. Engineering Geologist WE -22-0028_2 Pelican Lake Ranch (Beebe Draw Farms and Equestrian Center) Filing 2 PUDF24-0001 3:56 PM, 01/29/2024 From: Todd Johnson To: Maxwell Nader Cc: Bruce O"Donnell Subject: FW: Pelican Lake Ranch Final PUD Filing No 2 Comments Date: Sunday, July 27, 2025 5:35:43 PM Attachments: Outlook-vhuc0nex.pnq Outlook-vhuc0nex.pnq ERC 3-22-24.pdf FW Pelican Lake Ranch Final PUD Filing No 2 Comments.msq This Message Is From an External Sender This email was sent by someone outside Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Max. See below for follow up to CPW. No further issues. Thanks From: Tyler Worley <tworley@erccolorado.net> Sent: Friday, July 18, 2025 3:33 PM To: Todd Johnson <Todd@terraformas.com> Cc: Scott Edgar <scott@farmersres.com>; Bruce O'Donnell<bodonnell@starboardrealtygroup.com>; Dave Blauch <dblauch@erccolorado.net> Subject: FW: Pelican Lake Ranch Final PUD Filing No 2 Comments FYI. From: Hamous-Miller - DNR, Lexi <lexi.harnous-miller@state.co.us> Sent: Friday, July 18, 2025 2:49 PM To: Natalie Rothman <nrothman@jerccolorado.net> Cc: Tyler Worley <tworley@erccolorado.net>; Michael Grooms - DNR <michael.grooms@state.co.us> Subject: Fwd: Pelican Lake Ranch Final PUD Filing No 2 Comments [EXTERNAL] Hi Natalie, Thanks for reaching out, I apologize that we did not receive your original response. Thank you for clarifying all of this in your report. We were going off the map we received from the County, and I believe it was different than what you have provided in your report. With this information, CPW has no further concerns with what is planned. Please let us know if you need anything else from us or have any further questions. -Sincerely, Lexi Hamous, MS (She/Her) Northeast Region Land Use Coordinator Colorado Parks and Wildlife 6060 Broadway, Denver♦ Co 80216 303-916-2987 Lexi.Hamous-Miller@state.co.us CPW's Energy Webpage rel 1[. 4 I Forwarded message From: Grooms - DNR, Michael <michael.grooms@state.co.us> Forwarded message From: Natalie Rothman <nrothman@erccolorado.net> Date: Tue, Jul 15, 2025, 9:56 AM Subject: Pelican Lake Ranch Final PUD Filing No 2 Comments To: michael.groomsC&state.co.us <michael.grooms@state.co.us>, jason.surfaceC�state.co.us <jason.surfaceCThstate.co.us> Cc: Tyler Worley <tworley@erccolorado.net> Hi Jason and Michael, My name is Natalie and I work for Ecological Resource Consultants LLC (ERC) out of Boulder. As you may recall, CPW provided comments on Pelican Lake Ranch Final PUD Filing No 2 on January 31, 2024 after Weld County's referral. We responded on March 22, 2024 with comments that were sent back to Weld County and haven't heard back. We understand it may not have reached you both. I've attached our comments from March of last year for your review. Please let us know if you have any questions. Thank you! Natalie Rothman Ecologist, WPIT A ERC Ecological Resource Consultants, LLC 2820 Wilderness Place, Suite A I Boulder, CO 80301 303-679-4820 x 116 www.erccolorado.net I. �., Ecological Resource. Consultants, LLC 2820 Wilderness Place, Suite A I Boulder, CO I 80301 I (303) 679-4820 March 22, 2024 REI LLC C/O Scott Edgar 1735 Dolores River Drive Windsor, CO 80550 Prepared by: David Blauch, Senior Ecologist RE: Pelican Lake Ranch Final PUD Filing No 2.-CPW Comment Response Ecological Resource Consultants, LLC (ERC) on behalf of REI, LLC provides this response to comments received by Colorado Parks and Wildlife (CPW) letter dated January 31, 2024 for the Pelican Lake Range PUD Filing No 2 (Filing 2). CPW provided comments regarding the following resource: • Bald Eagle Active Nest Site, • Bald Eagle Roost Site, • Bald Eagle Concentration Area, • Colonial Waterbird Nesting Areas • Mule Deer Sever Winter and • Mule Deer Overall Range. In summary, the findings herein have determined that Filing 2 is well outside of all recommended protective buffers for Bald Eagle and Colonial Waterbird habit and therefore is not anticipated to adversely affect these specific resources. Filing 2 does extend into a very small portion of Mule Deer Severe Winter Range, however due to the very small percentage of disturbance from Filing 2 within the much larger overall range, Filing 2 is not anticipated to adversely affect mule deer resources. ERC provides the following evaluation and supporting information in response to CPW comments as they related specifically to Filing 2. 1. Bald Eagle Protection As noted by CPW, Filing 2 is in proximity to known Bald Eagle Active Nest Sites, Roost Sites and Winter Concentration Areas as depicted in CPW Exhibit A. CPW Exhibit A was provided based on CPW Species Activity Mapping (SAM), an online database that lists the known occurrences, status and recorded nest sites of select raptors and other species within the State of Colorado. In addition to CPW SAM, CPW has developed Recommended Buffer Zones and Seasonal Restrictions for Colorado Raptors (2020 Recommendations). The 2020 Recommendations provide an informed opinion that if implemented should assure that the majority of individuals with a species will continue to occupy an area. Pelican Lake Ranch Final PUD Filing No 2. CPW Comment Response Bald Eagle Active Nest Site-CPW 2020 recommends restricted surface occupancy within 0.25 mile and no human encroachment within 0.5 mile (Dec 1 to July 31) from an active nest. • Figure 1 clearly shows that Filing 2 is well outside of the 0.5 mile CPW recommended buffer and therefore is not anticipated to adversely affect the bald eagle active nest sites. Bald Eagle Roost Site and Winter Concentration Area- CPW 2020 recommends no surface occupancy within 0.25 mile and no human encroachment within 0.5 mile (November 15 -March 15). • Figure 1 clearly shows that Filing 2 is well outside of the 0.5 mile CPW recommended buffer and therefore is not anticipated to adversely affect the bald eagle roost sites/winter concentration area. 2. Colonial Waterbird Protection As noted by CPW, Filing 2 is in proximity to known colonial waterbird nesting areas. Based on review of CPW SAM two colonial waterbird species habitats are in proximity to Filing 2, Great Blue Heron and American White Pelican. Great Blue Heron Nesting and Foraging Area- is identified by CPW SAM to the east of Filing 2. CPW SAM Great Blue Heron Nesting Area is depicted in Figure 2 which includes the nesting location and a 1,640' buffer. • Figure 2 clearly shows that Filing 2 is well outside (>2,200 feet) of the 1640 foot CPW recommended buffer and therefore is not anticipated to adversely affect Great Blue Heron habitats. American White Pelican Overall Range, Nesting and Foraging Area- is identified by CPW SAM to the east of Filing 2. CPW SAM American White Pelican habits are depicted in Figure 3. CPW provides no specific protective buffer recommendation for American White Pelican habitat. • Figure 3 clearly shows that Filing 2 is well outside of American White Pelican habitat, and in addition is located well over 0.4 -mile (2,455 feet) from the habitats. General best management practices for American White Pelican recommends a minimum protective buffer of at least 600 feet. Therefore, Filing 2 is not anticipated to adversely affect the American White Pelican habitat. 2 Pelican Lake Ranch Final PUD Filing No 2. CPW Comment Response 3. Mule Deer Protection As noted by CPW, Filing 2 is in proximity to known Mule Deer Severe Winter Range as depicted in CPW Exhibit B. CPW Exhibit B was provided based on CPW SAM. CPW provided recommendations that no permitted or authorized human activity occur between December 1 to April within the mapped habitat. Mule Deer Severe Winter Range- is identified by CPW SAM to the east of Filing 2. The CPW SAM mule deer severe winter range is depicted in Figure 4 and 5. Filing 2 extends into the Mule Deer Severe Winter Range by only a few hundred feet, disturbing less than 10 acres of the habitat. Mule deer severe winter range represents a broad region wide area occupying approximately 7,000 acres in this specific unit. • Figure 4 and 5 clearly show that Filing 2 will impact only a very small proportion of the overall larger Mule Deer Sever Winter Range. Filing 2 impacts to the server winter range represent less than 0.0014 % of the overall total habitat in this unit. In addition, Filing 2 will only encroach on the outer fringes of this habitat and will not result in significant fragmentation. Therefore, Filing 2 is not anticipated to adversely affect Mule Deer. 3 Prepared By: �, • Active Nest (1/2 mile Buffer) Active Nest (1/4 mile Buffer) r' Roost Sites (1/2 mile Buffer) AIL ERC 2820 Wilderness Place, Suite A Boulder, CO 80301 (303) 679-4820 FIGURE 1. BALD EAGLE CPW SAM MAPPING PELICAN LAKE RANCH-PUD FILING NO.2 WELD COUNTY, COLORADO EN, 1\71y 0 2,000 4,000 I Feet ERC #: 342-2401 Prepared By: Legend C.:: Filing 2 Nesting Area Buffer (1,640 feet) C3 Foraging Area AL ERC 2820 Wilderness Place, Suite A Boulder, CO 80301 (303) 679-4820 FIGURE 2. GREAT BLUE HERON CPW SAM MAPPING PELICAN LAKE RANCH-PUD FILING NO.2 WELD COUNTY, COLORADO ft\ tiort 0 2,000 4,000 I Feet ERC #: 342-2401 Prepared By: Filing 2 American White Pelican Nesting Area Foraging Area Overall Range Milton Reservoir ERC 2820 Wilderness Place, Suite A Boulder, CO 80301 (303) 679-4820 FIGURE 3. AMERICAN WHITE PELICAN CPW SAM MAPPING PELICAN LAKE RANCH-PUD FILING NO.2 WELD COUNTY, COLORADO ft\ 0 2,000 4,000 I Feet ERC #: 342-2401 Prepared By: Milton:. Reservoir AL ERC 2820 Wilderness Place, Suite A Boulder, CO 80301 (303) 679-4820 FIGURE 4. MULE DEER CPW SAM MAPPING PELICAN LAKE RANCH-PUD FILING NO.2 WELD COUNTY, COLORADO EN, 0 2,000 4,000 Feet ERC #: 342-2401 Prepared By: Milton_Reseryaoir AL ERC 2820 Wilderness Place, Suite A Boulder, CO 80301 (303) 679-4820 FIGURE 5. MULE DEER CPW SAM MAPPING PELICAN LAKE RANCH-PUD FILING NO.2 WELD COUNTY, COLORADO EN, 1\71y 0 5,000 10,000 I Feet ERC #: 342-2401 COLOR DO Division of Water Resources Department of Natural Resources January 19, 2024 Maxwell Nader Weld County Planning Services Transmission via email: mnader@weldgov.com RE: Pelican Lake Ranch Filing 2 Case No. PUDF-24-0001 Part of S 1/2 of Sec. 8, W 1/2 Sec. 9 &t Sec. 17, T3 N, R65W, 6th P.M. Water Division 1, Water District 2 Dear Maxwell Nader: We have reviewed the information received on January 10, 2024 related to a planned unit development final plan ("PUDF") for 284 residential lots with R-1 Residential Zone District. The PUD for Pelican Lake Ranch was approved for 1,200 residential lot. The first filing of 186 lots is 100 percent complete. Water Supply Demand Estimated water requirements were not provided. Details of necessary information to be included in the subdivision water supply plan can be found on Attachment A of the 2005 Memorandum Regarding Subdivisions, available online at: https: / /dnrweblink.state.co. us/dwr/ ElectronicFile.aspx?docid=3565889atdbid=0 Source of Water Supply The proposed water source is the Central Weld County Water (District). A letter for water service from the District dated September 25, 2023 ("Letter") was provided in the referral material. The Letter noted that the District has the ability to serve Pelican Lake Ranch, provided the developer is responsible for the line installation costs that will be determined in a separate study. Water service for new taps can be made available provided all requirements of the District, Northern Colorado Water Conservancy District and the Bureau of Reclamation are satisfied. We do not know if the applicant has met these other requirements. The Letter notes that as of September 25, 2023 there are 96 dedicated shares of CBT water remaining for Pelican Lake Ranch and 12 vacant tots in the current development (Pelican Lake Ranch Filing 1). The 96 shares equates to 192 budget taps to be purchased at a first come first serve basis for the 12 remaining lots of Filing 1 and the lots of Filing 2. The Letter indicates that once the 96 shares of CBT water are assigned, no additional water will be available without additional water rights being transferred to the District. The District provided updated information about their water supplies in a letter dated July 29, 2021. The District primarily relies on Colorado -Big Thompson (C -BT) water to supply retail water to customers. Currently the District has 2,297 acre-feet of C -BT water left for additional projects. The yield of C -BT units varies from year to year based on conditions and storage. In addition, the District continues to develop additional water supplies, including participating in the Northern 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 www.colorado.gov/water Jared S. Polls, Governor I Dan Gibbs, Executive Director I Kevin G. Rein, State Engineer/Director Pelican Lake Ranch, Filing 2 January 19, 2024 Page 2 of 3 Integrated Supply Project (NISP). The District's current share of the NISP is 3,500 acre feet. Water demands for the District's retail consumers have been around 5,276 acre-feet for 2019-2020. This office found records of two exempt wells operating under permit nos. 6844-A and 83708-A, which appears to be permitted for locations within the area proposed to be developed (specifically on parcel ID Nos. 12131700016 and 121309000026). Section 37-92-602(3)(b)(III), C.R.S. requires that the cumulative effect of all wells in a subdivision be considered when evaluating material injury to decreed water rights. Therefore, if welt permit no. 83708-A, completed into the not nontributary Laramie -Fox Hills aquifer, wilt be used within the subdivision, the proposed uses must be specified and the applicant must demonstrate that a court approved augmentation plan has been obtained for the well, otherwise the well must be plugged and abandoned prior to the subdivision approval, since the provisions of Section 37-92-602, C.R.S., which allowed for issuance of the well permit, will no longer apply. In addition, our records show that well no. 6844-A is withdrawing water from the nontributary Laramie -Fox Hills aquifer. Unless the water underlying the proposed development is decreed in water court, a new well permit must be obtained for well no. 6844-A pursuant to C.R.S. 37-92- 602(3)(b)(I) and the policy of the State Engineer. Under those provisions only the quantity of water underlying the individual lot where the well is located could be considered available for withdrawal by the existing well. Our records show that numerous monitoring wells have been drilled in the area. The applicant should be aware that all wells abandoned during the development process must be plugged and abandoned in accordance with Rule 16 of the Water Well Construction Rules and Well Abandonment Reports must be completed and submitted to our office for each abandoned well. The application materials indicate that a stormwater detention structure will be constructed as a part of this project. The applicant should be aware that unless the structure can meet the requirements of a "storm water detention and infiltration facility" as defined in section 37-92- 602(8), C.R.S., the structure may be subject to administration by this office. The applicant should review DWR's Administrative Statement Regarding the Management of Storm Water Detention Facilities and Post-Wildland Fire Facilities in Colorado, attached, to ensure that the notification, construction and operation of the proposed structure meets statutory and administrative requirements. The Applicant is encouraged to use Colorado Stormwater Detention and Infiltration Facility Notification Portal to meet the notification requirements, located at https: //maperture.digitaldataservices.com/gvh /?viewer=cswdif. State Engineer's Office Opinion Based on the above and pursuant to Section 30-28-136(1)(h)(I), C.R.S. and Section 30-28-136(1)(h)(II), C.R.S., the State Engineer's Office has not received enough information to render an opinion regarding the potential for causing material injury to decreed water rights, or the adequacy of the proposed water supply. Prior to further review of the PUDF water supply plan the following information is required: 1. The applicant must specify the estimated water requirements for the Pelican Lake Ranch Filing 2 development. 2. The applicant must specify the additional water sources that will be provided in order for the District to supply water to all the proposed lots. 3. Applicant must clarify if well permit nos. 6844-A and 83708-A will be used within the subdivision or be plugged and abandoned. If the wells will be used in the proposed subdivision the Applicant must also demonstrate that a court approved augmentation plan Pelican Lake Ranch, Filing 2 January 19, 2024 Page 3 of 3 has been obtained for well no. 83708-A and new well permits have been obtained for the wells. Should you or the applicant have any questions, please contact loana Comaniciu at (303) 866-3581 x8246. Sincerely, atelOCif loana Comaniciu, P.E. Water Resource Engineer Ec: Subdivision File 31151 District File File for permit nos. 83708-A and 6844-A Maxwell Nader From: Sent: To: Cc: Subject: Follow Up Flag: Flag Status: Adams, Jerry <Jerry.Adams@AtmosEnergy.com> Tuesday, January 9, 2024 11:41 AM Maxwell Nader Nitzel, Bethany; Prieto Arias, Juan RE: Referral Agency Email - Beebe Draw Farm Follow up Flagged Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Max, Atmos will need to build significant system improvements in order to serve the Subject Property. The natural gas system that currently serves Beebe Draw Farms is nearing or at capacity. Please have the developer/applicant contact Atmos Energy Corporation's Bethany Nitzel (cc'd) as soon as possible to initiate discussions for natural gas service. 1 W FAR'4p_-- eta _ [( SUBJECT PROPERTY VICINITY MAP .6.0fIL TON RESERVOIR Thank you, Jerry From: noreply@weld.gov <noreply@weld.gov> Sent: Monday, January 8, 2024 3:33 PM To: Adams, Jerry <Jerry.Adams@AtmosEnergy.com> Subject: [EXT] Referral Agency Email CAUTION: Don't be quick to click. This e-mail originated from outside of Atmos Energy. Do not click links or open attachments unless you recognize the sender and know the content is safe. The Weld County Planning Department has received a PUD - Final application, case It PUDF24-0001, in which your agency may have an interest. Planning staff requests you review the application materials, and return the Referral Form to Maxwell Nader by the date specified on the Referral Form attached in the online permitting center. To view application materials, visit https://secure- web.cisco.com/1oasMQS2- 6SkdeDY7VPGBLthgIIFYwM7EC8Of7gD5UlazxDsdK64TTYuDXRsQ8tDXZKR66oJ3DkrGh9NyDKXJgksLTY4VSgmTIOeziyWTUFg3gdK2pPg xx-XAx4I1r5cObBNyBFKE9xExhYXCbBVA9mmxHxTgyQfvNs2fkznmeg1mNID5KPvzQi9H 9G2zCcIfSMLy4zECmvpbhO8GIaY0Z8B5jfh1- 2fMJCC0QxuK'6HZh1JcNRkP4sKsgOQ'yUg/https%3A%2F%2Faca-prod.accela.com%2FWELD%2FDefault.aspx or navigate to weldgov.com > departments > planning and zoning > online e -permitting. Then, 2 * Click on "Planning" tab on the menu bar * Under General Search, type case# PUDF24-0001, into the Record Number box and search * Click on the "Record Info" arrow drop -down menu * Click on "Attachments" to review the application materials If you have any questions, please contact your assigned planner: Maxwell Nader at 970-400-6100 Thank you, Maxwell Nader 1402 North 17th Ave Greeley, CO 80631 970-400-6100 mnader@weld.gov Submit by Email Weld County Referral January 8, 2024 The Weld County Department of Planning Services has received the following item for review: Applicant: REI LTD Liability Co. Case Number: PUDF24-0001 and Investors LTD Liability Co. Please Reply By: February 5, 2024 Planner Maxwell Nader Project: A Site Specific Development Plan and Planned Unit Development Final Plan, PU DF24-00►01 for Second Filing of Beebe Draw Farms for 284 residential lots with R-1 Low -Density Residential Zone District uses. Parcel Number: 121309000026-R4940286 Legal: ALL OF SECTION 9, TOWNSHIP 3 NORTH, RANGE 65 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO. Parcel Number: 121308000014-R4939686 Legal: ALL OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 65 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO. Parcel Number 121317100016-R6784195 Legal: ALL OF SECTION 17, TOWNSHIP 3 NORTH, RANGE 65 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO. Location: East of and adjacent to County Road 39; north of and adjacent to County Road 32. The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. rel We have reviewed the request and find that it does does not comply with our Comprehensive Plan because: We have reviewed the request and find no conflicts with our interests. in See attached letter. ■ Signature Agency 5fctJe tat/. A E Date Si. v4aY Weld County Planning Dept. PO Box 758, Greeley, CO 80632 TeI:(970)-400-6100 Fax:(970)-304-6498 Dear Mr. Nader, The State Land Board owns 640 acres in section 16 -3N -65W. While we do not have any comments or conflicts with the REI LTD Liability Co. and investors LTD Liability Co. application, we would like to remind the applicants and all involved that the State Land Board property is not publically accessible. There have been several concerns of trespass from the existing homes in the area. We ask that future developers and home buyers be made aware that access to State Trust Land requires prior approval, or it is considered trespass. More information regarding the State Land Board and our leasing policies can be found at http /jslb.colorado.gov Thank you, State Land Board North Central District Office REI, LLC 825 E. Speer Boulevard, Suite 312 Denver, Colorado 80218 July 31, 2025 Mr. Max Nader Weld County Planning Services 1402 N. 17t"Avenue Greeley, CO 80632 RE: Pelican Lake Ranch Filing 2 / PUDF24-0001 Dear Mr. Nader, This letter is in response to the WES DJ Gathering LLC (Western Midstream) agency referral comment letter for PLR Filing 2 dated January 11, 2024. That letter identifies certain requirements of WES related to the actual future construction and site work on the property, to occur subsequent to the approval of Filing 2. Furthermore, the WES letter states: "Provided that the requirements above are met, WES does not object to the proposed PUDF24-0001 — Pelican Lake Ranch, Filing No. 2." Via this letter, REI acknowledges these WES comments and commits to WES and Weld County that, during design, sitework and construction of Filing 2: 1. Any utility crossing (phone, water, sewer, fiber optic cables, etc.) require a minimum of 2' of vertical separation and should cross as close to 90° as possible. 2. Utilities paralleling a WES pipeline will need to maintain at least 10' of horizontal separation. 3. For any work taking place within 10 feet, WES lines must be verified by hydrovacing with a WES standby present for both location and depth of pipeline. 4. Grade cannot be reduced over the top of a WES Pipeline without prior written consent to ensure applicable federal pipeline safety regulations are not violated. 1 5. Should crossing be required with heavy equipment, the make/model/max loaded weight of construction vehicles must be provided to WES at least 1 month in advance of dirt work for review and written approval. 6. A standby will be required for any digging within 10' of a WES pipeline. 7. Colorado 811 Laws must be adhered to. REI, during Filing 2 construction will see that these requirements are adhered to. Please contact me should the County require additional information. Sincerely, 5 Bruce O'Donnell Manager Cc: Clay Young & Paul Gerrish Western Midstream 2 Western Midstream Western M idstream . co m January 11, 2024 VIA E-MAIL Weld County Planning Department Maxwell Nader PO BOX 758 Greeley, CO 80632 mnader@weld.gov NOTICE OF RIGHT-OF-WAY GRANTS OWNED BY WES DJ GATHERING LLC AND ASSOCIATED SAFETY REQUIREMENTS: Re: PUDF24-0001 — Pelican Lake Ranch, Filing No. 2 REI Limited Liability CO & Investors LTD Liability CO. Township 3 North, Range 68 West, 6th P.M. Sections 4, 8, 9, 17 Weld County, Colorado Weld County Planning Department: Property Owner This letter is being sent by WES DJ Gathering LLC ("WES") to inform you WES is the owner of valid easements and pipelines located in of Sections 4, 8, 9, 17, Township 3 North, Range 65 West for which the County of Weld ("County") is reviewing the PUDF24-0001 — Pelican Lake Ranch, Filing No. 2. WES is submitting this comment timely, in accordance with the County's procedural requirements. The following are comments in support of this Notice: 1. WES is the owner of a valid Right -of -Way Grant that was executed on September 25th, 1978 and recorded on March 19th, 1979 with the Weld County Clerk and Recorder at reception number 1784842. 2. WES is the owner of a valid Right -of -Way Grant that was executed on June 20th, 1979 and recorded on June 22nd, 1979 with the Weld County Clerk and Recorder at reception number 1794666. 3. WES is the owner of a valid Right -of -Way Grant that was executed on February 24th, 1989 and recorded on March 2nd, 1989 with the Weld County Clerk and Recorder at reception number 2172282. 4. WES is the owner of a valid Right -of -Way Grant that was executed on April 10th, 1990 and recorded on April Pt, 1992 with the Weld County Clerk and Recorder at reception number 2282824. 5. WES is the owner of a valid Right -of -Way Grant that was executed on July 20th, 2010 and recorded on August 16th, 2010 with the Weld County Clerk and Recorder at reception number 3711980. 6. WES is the owner of a valid Right -of -Way Grant that was executed on July 17th, 2012 and recorded on August 8th, 2012 with the Weld County Clerk and Recorder at reception number 3864663. 7. WES is the owner of a valid Right -of -Way Grant that was executed on May 3', 2012 and recorded on August 8th, 2012 with the Weld County Clerk and Recorder at reception number 3864665. A SUBSIDIARY OF WESTERN MIDSTREAM PARTNERS, LP 8. WES is the owner of a valid Notice Of Pipeline Location that was executed on May 8th, 2012 and recorded on August 8th, 2012 with the Weld County Clerk and Recorder at reception number 3864671. The applicant MUST review the above grants and cannot encroach on WES's pipelines. The applicant will need to conform to all terms of the Right -of -Way Grants identified above and adhere to WES safety requirements: Any utility crossing (phone, water, sewer, fiber optic cables, etc) require a minimum of 2' of vertical separation and should cross as close to 90° as possible. Utilities paralleling a WES pipeline will need to maintain at least 10' of horizontal separation. o For any work taking place within 10 feet, WES lines must be verified by hydrovacing with a WES standby present for both location and depth of pipeline. Grade cannot be reduced over the top of a WES Pipeline without prior written consent to ensure applicable federal pipeline safety regulations are not violated. Should crossing be required with heavy equipment, the make/model/max loaded weight of construction vehicles must be provided to WES at least 1 month in advance of dirt work for review and written approval. A standby will be required for any digging within 10' of a WES pipeline. Colorado 811 Laws must be adhered to. Provided that the requirements above are met, WES does not object to the proposed PUDF24-0001 — Pelican Lake Ranch, Filing No. 2. Additionally, WES reserves the right to stop work for any encroachment related to the proposed development if the above safety precautions are not met. Please contact me at 970-598-4246 if you have any questions or comments about this matter. Sincerely, WES DJ GATHERING LLC Clay Young Consulting Landman cc: Sherry Bursey, Senior Counsel Jayson L. VanShura Jake Billadeau Kelly Reyos Paul Gerrish A SUBSIDIARY OF WESTERN MIDSTREAM PARTNERS, LP RIGHT-OF-WAY GRANT KNOW ALL MEN BY THESE PRESENTS, that Aristocrat Angus Ranch, a Partnership, of the Post Office of Platteville, in the State of Colorado, hereinafter referred to as "Grantor" (whether one or more) , in consideration of One Dollar ($1.00) , to them, in hand paid, receipt of which is hereby acknow- ledged, and the further consideration of $5.00 per linear rod, to be paid before the first pipe line hereinafter specified is laid do hereby grant and convey unto PANHANDLE EASTERN PIPE LINE COMPANY, a Delaware Corpora- tion, having an office in Kansas City, Missouri, its successors and assigns, hereinafter referred to as "Grantee," a Right -of -Way to lay, construct, maintain, inspect, repair, replace, change the size of, operate, and re- move a pipe line, pipe line markers, valves, launchers, receivers, cathodic equipment, test leads and all appurtenances convenient for the maintenance and operation of said line and for the transportation of oil, gas, or other substances therein, through the premises hereafter described, and the Grante' is granted the right of ingress and egress, to, on, from and over the fol- lowing described premises for the purposes aforementioned in the County of Weld, in the State of Colorado, to -wit: For legal description, refer to EXHIBIT "A" attached hereto and by reference made a part hereof. TO HAVE AND TO HOLD said easements, rights, and right-of-way unto the said PANHANDLE EASTERN PIPE LINE COMPANY, its successors and assigns. All pipe installed hereunder shall be buried a minimum of forty two (42") inches. Grantor shall not construct or place anything over or so close to any pipe line or other facility of Grantee as will be likely to inter- fere with Grantee's surveillance of or access thereto by use of equipment or means customarily employed in the surveillance of or maintenance of pipeline nor intentionally cause the original cover over any pipe line to be reduced below whichever is the greater of a minimum cover of two (2) feet or below the minimum cover required at any time by any applicable pipe line safety code. All damage to growing crops, drainage tile and fences of Grantor occasioned by the construction or repair or replacement of any of the facilities herein authorized to be maintained and operated by Grantee shall be paid by Grantee after the damage is done, said damage, if not mutually agreed upon, to be ascertained and determined by three disinterested persons, one to be appointed by the Grantor, one to be appointed by the Grantee, and the third to be chosen by the two so appointed. The written award of such three persons shall be final and conclusive. After the installation of the pipeline, Grantee agrees to restore the ground by adequate packing to a condition as near its original condition as practicable as it existed prior to the construction of said pipeline. Grantee agrees to mulch the disturbed property caused by the pipeline con- struction upon completion of construction. Should it be necessary, Grantee further agrees to mulch in the second and third year following construction if the first years application has not controlled the sand erosion. Grantee shall maintain the pipelines and fill all ruts, holes or sunken backfill caused by the construction or maintenance of the pipeline. All equipment or appurtenances to the pipeline which shall be on or above the surface of the ground shall be properly fenced to protect Grantor's livestock. Grantee agrees that during construction, livestock crossings will be provided where necessary. Further, all fences that must be severed or removed for the construction and maintenance of the pipeline shall be properly H -braced and temporary fencing placed to preclude the escape of Grantor's livestock. All fences damaged during construction and maintenance of the pipeline shall be restored in as good condition as existed prior to installation of said pipeline. Should Grantee discontinue the use of said pipeline for a period of twelve (12) consecutive months or remove said pipeline, Grantee agrees to execute and deliver to Grantor, his suc- cessors or assigns, a proper release of the Right--of-Way granted herein. During the construction period, Grantee shall indemnify and hold Grantor harmless from any cattle loss or other injury or claim, except that caused by Grantor's negligence, arising out of Grantee's activities carried on under the terms of this Grant. Grantor to have the right to construct and maintain utilities, sidewalks, and driveways which may be installed at approximate right angles to the pipeline herein authorized, provided, however, that all utilities cross under said pipeline. It is understood and agreed only one pipeline per described right-of-way area shall be installed under the terms of this instrument. Payment of all moneys becoming due hereunder may be paid to Aristocrat Angus Ranch, 9034 Weld County Road 34, Platteville, Colorado 80651. This Grant shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties hereto, and all rights herein granted, or any of them separately, may be released or assigned in whole or in part. It is understood that this Grant cannot be changed in any way except in writing, signed by the Grantor and a duly authorized agent of the Grantee. This instrument prepared by C. B. Wesonig, P. 0. Box 1348, Kansas City, Missouri 64141, also having a legal address of P. 0. Box 127, Brighton, Colorado 80601. • IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals this 25 Erna A.. Houston STATE OF COLORADO COUNTY OF WELD day of September SS. The foregoing instrument was acknowledged before me this Partner, and Angus Ranch, a Partnership. My Commission Expires: 19 Auzie Rob by • , A.D., 1978 Q5 day of ,�1�}ti�liiifdiflr„1`/r! Partner, of Art s tQ,c?.at5',' O ` \ 1 Notary Public rt S. Sk owron /9 l EXHIBIT "A" That part of Sections 4 and 9, Township 3 North, Range 65 West, Wield County, Colorado, being more particularly described as a strip of land 50.00 feet in width, the center- line of which is described as follows: Beginning at the Northwest corner of said Section 4; thence South 28 Degrees 42 Min- utes 34 Seconds East on an assumed bearing for a distance of 54.35 feet to a point; thence North 90 Degrees 00 Minutes 00 Seconds East and running approximately 50.00 feet South of and parallel to the North line of said Section 4 for a distance of 2613.11 feet to a point; thence South 00 Degrees 03 Minutes 10 Seconds East and run- ning approximately 25.00 feet West of and parallel to the East line of the West Half of said Section 4 for a distance of 5086.73 feet to a point; thence South 05 Degrees 11 Minutes 50 Seconds West for a distance of approximately 130.00 feet to the South line of said Section 4, which is also the North line of said Section 9; thence con- tinuing South 05 Degrees 11 Minutes 50 Seconds West for a distance of 109.40 feet to a point; thence South 00 Degrees 32 Minutes 50 Seconds West and,continuing nui ng said 25.00 parallel for a distance of 5132.10 feet to the end of line. AND Beginning at the Northwest corner of said Section 4; thence South 28 Degrees 42 Min- utes 34 Seconds East on an assumed bearing for a distance of 54.3-5 feet to a point; thence North 90 Degrees 00 Minutes 00 Seconds East for a distance of 2613.11 feet to a point; thence South 00 Degrees 03 Minutes 10 Seconds East for a distance of 4520.90 feet to the true point of beginning; thence South 89 Degrees 56 Minutes 50 Seconds West for a distance of 446.60 feet to a point; thence South 00 Degrees 03 Minutes 20 Seconds East for a distance of approximately 730.00 feet to a point on the South line of Section 4, which is also the North line of Section 9; thence con- tinuing South 00 Degrees 03 Minutes 20 Seconds East for a distance of 662.70 feet to the end of line. AND That part of Sections 4 and 5, Township 3 North, Range 65 West, Weld County, Colorado, being more particularly described as a strip of land 50.00 feet in width, the center- line of which is described as follows: Beginning at the Northwest corner of said Section 4; thence South 28 Degrees 42 Min- utes 34 Seconds East on an assumed bearing for a distance of 54.36 feet to a point; thence North 90 Degrees 00 Minutes 00 Seconds East for a distance of 2613.11 feet to a point; thence South 00 Degrees 03 Minutes 10 Seconds East for a distance of 4530.93. feet to the true po nt of be,gZ nni n9; thence South 89 Degrees 56 Minutes 50 Seconds West for a distance of 40.00 feet to a point; thence South 70 Degrees 11 Minutes 59 Seconds West for a distance of 60.90 feet to a point; thence North 89 Degrees 55 Minutes 01 Seconds West for a distance of 1518.60 feet to a point; thence North 65 Degrees 00 Minutes 20 Seconds West for a distance of 235.70 feet to a point; thence North 88 Degrees 20 Minutes 16 Seconds West for a distance of 40.00 feet to a point; thence South 68 Degrees 19 Minutes 48 Seconds West for a distance of 307.20 feet to a point; thence North 88 Degrees 43 Minutes 05 Seconds West for a distance of 439.30 feet to a point on the West line of said Section 4, which is also the East line of said Section 5, said point being South 00 Degrees 32 Minutes 14 Seconds East a distance of 4620.56 feet from the Northeast corner of said Section 5; thence con- tinuing North 88 Degrees 43 Minutes 05 Seconds West for a distance of 418.70 feet to a point; thence South 89 Degrees 46 Minutes 41 Seconds West for a distance of 927.50 feet to a point; thence North 75 Degrees 48 Minutes 48 Seconds West for a distance of 141.80 feet to a point; thence North 88 Degrees 49 Minutes 03 Seconds West for a distance of 279.20 feet to a point; thence South 84 Degrees 47 Minutes 09 Seconds West for a distance of 82.50 feet to the end of line. AND That part of the West Half of Section 9, Township 3 North, Range 65 West, Weld County, Colorado, being more particularly described as a strip of land 50.00 feet in width, the centerline of which is described as follows: Beginning at a point approximately 25.00 feet West of and 1862.00 feet South of the Northeast corner of said West Half of said Section; thence North 89 Degrees 27 Min- utes 10 Seconds West for a distance of 44.20 feet to a point; thence North 65 Degrees 14 Minutes 26 Seconds West for a distance of 69.70 feet to a point; thence South 86 Degrees 21 Minutes 47 Seconds West for a distance of 946.60 feet to a point; thence North 88 Degrees 50 Minutes 37 Seconds West for a distance of 435.40 feet to a point; thence South 80 Degrees 00 Minutes 19 Seconds West for a distance of 118.60 feet to a point; thence South 57 Degrees 32 Minutes 50 Seconds West for a distance of 40.00 feet to a point; thence South 35 Degrees 05 Minutes 21 Seconds West for a distance of 98.50 feet to the end of line. AND That part of Section 9, Township 3 North, Range 65 West, Weld County, Colorado, being more particularly described as a strip of land 50.00 feet in width, the centerline of which is described as follows: Beginning at a point 1990.91 feet North of and 684.57 feet West of the Southeast corner of said Section 9; thence North 82 Degrees 07 Minutes 09 Seconds West for a distance of 75.40 feet to a point; thence North 00 Degrees 41 Minutes 43 Seconds East for a distance of 1509.70 feet to a point; thence North 89 Degrees 27 Minutes 10 Seconds West for a distance of 1785.80 feet to the end of line. AND That part of the East Half of Section 5, Township 3 North, Range . 65 West, Weld County, Colorado, being more particularly described as a strip of land 50.00 feet in width, the centerline of which is described as follows: Beginning at a point on the East line of said East Half, said point being South 00 Degrees 32 Minutes 14 Seconds East for a distance of 4620.56 feet from the Northeast corner of said East Half; thence North 88 Degrees 43 Minutes 05 Seconds West for a distance of 418.70 feet to a point; thence South 89 Degrees 46 Minutes 41 Seconds West for a distance of 927.50 feet to a point; thence North 75 Degrees 48 Minutes 48 Seconds West for a distance of 141.80 feet to a point; thence North 88 Degrees 49 Minutes 03 Seconds West for a distance of 279.20 feet to a point; thence South 84 Degrees 47 Minutes 09 Seconds West for a distance of 55.20 feet to the true point of beginning; thence North 05 Degrees 12 Minutes 51 Seconds West for a distance of 922.90 feet to a point; thence North 84 Degrees 47 Minutes 09 Seconds East for a distance of 1292.80 feet to the end of line. LINE NO. 16-10-075-346-6", Tr. 1 14-10-075-618-4", Tr. 1 16-10-075-345-6", Tr. 1 14-10-075-616-4", Tr. 1 A-46-10-075-343-6", Tr. 1 16-10-075-332-10", Tr. 5 FROM: Aristocrat Angus Ranch TO: PANHANDLE EASTERN PIPE LINE CO. P. 0. BOX 127, BRIGHTON, CO. 80601 awn a3 /2S0-1/02. de, 161, /9 /79 /0? so • 1 • • 1 4 •1 • r'• • - t . , L • L 4. ., iY • • • • 4 . r • • RIGHT-OF-WAY GRANT KNOW ALL MEN BY THESE PRESENTS, that Aristocrat Angus Ranch, a Partnership, of the Post Office of Platteville, in the State of Colorado, hereinafter referred to as "Grantor" (whether one or more), in consideration of One Dollar ($1.00), to them, in hand paid, receipt of which is hereby acknow- ledged, and the further consideration of $5.00 per linear rod, to be paid before the first pipe line hereir:F ter specified is laid do hereby grant and convey unto PANHANDLE EASTEP,e PIPE LINE COMPANY, a Delaware Corpora- tion, having an office in Kansas City, Missouri, its successors and assigns, hereinafter referred to as "Grantee," a Right -of -Way to lay, construct: maintain, inspect, repair, replace, change the size of, operate, and' remove pipe lines, pipe line markers, valves, launchers, receivers, cathodic equip- ment, test leads and all appurtenances convenient for the maintenance and operation of said lines and for the transportation of oil, gas, or other substances therein, through the premises hereafter described, and the Grantee is granted the right of ingress and egress, to, on, from and over the fol- lowing described premises for the purposes aforementioned in the County of Weld, in the State of Colorado, to -wit: For legal description, refer to EXHIBIT "A" attached hereto and by reference made a part hereof. TO HAVE AND TO HOLD said easements, rights, and right-of-way unto the said PANHANDLE EASTERN PIPE LINE COMPANY, its successors and assigns. All pipe installed hereunder shall be buried a minimum of forty two (42") inches. Grantor shall not construct or place anything over or so close to any pipe lines or other facilities of Grantee as will be likely to interfere with Grantee's surveillance of or access thereto by use of equipment or means customarily employed in the surveillance of or maintenance of pipelines nor intentionally cause the original cover over any pipe line to be reduced below whichever is the greater of a minimum cover of two (2) feet or below the minimum cover required at any time by any applicable pipe line safety code. All damage to growing crops, drainage tile and fences of Grantor occasioned by the construction or repair or replacement of any of the foci ii ti i herein -authorized to be maintained and operated by Grantee shall be paid by Grantee after the damage is done, said damage, If not mutually agreed upon, to be ascertained and determined by three disinterested persons, one to be appointed by the Grantor, one to be appointed by the Grantee, and the third to be chosen by the two so appointed. The written award of such three per- sons shall be final and conclusive. After installation of the pipelines, Grantee agrees to restore the ground by adequate packing to a condition as near its original condition as prac- ticable as it existed prior to the construction of said pipelines. Grantee agrees to mulch the disturb - property caused by the pipelines eGn_. struction upon completion of construction. Should it be necessary, Grantee further agrees to mulch in the second and third year following construction if the first years application has not controlled the sand erosion. Grantee shall maintain the pipelines and fill all ruts, holes or sunken backfill l caused by the construction or maintenance of the pipelines. All equipment or appurtenances to the pipeline which shall be on or above the surface of the around shall be properly fenced to protect Grantor's livestock. Grantee agrees that during construction, livestock crossings will be provided where necessary. Further, all fences that must be 'severed or removed for the construction and maintenance of the pipelines shall be pro perly H -braced and temporary fencing placed to preclude the escape of Grantor's livestock. All fences damaged during construction and maintenance of the pipelines shall be restored in as good condition as existed prior to in- stallation of said pipelines. Should Grantee discontinue the use of said pipelines for a period of twelve (l 2) consecutive months or remove said pipelines, Grantee agrees to execute and deliver to Grantor, his successors and assigns, a proper release of the Right -of -Way granted herein. During the construction period, Grantee shall indemnify and hold Grantor harmless from any cattle loss or other injury or claim, except that caused by Grantor's negligence, arising out of Grantee's activities carried on under the terms of this Grant. Grantor to have the right to construct and maintain utilities, sidewalks and driveways which may be installed at approximate right angles to the pipelines -herein authorized, provided. however, that all utilities cross under said pipeline. • • It is understood and agreed only one pipeline per described right-of-way area shall be installed under the terms of this instrument. Payment of all moneys becoming due hereunder may be paid to Aristocrat Angus Ranch, 9034 Weld County Road 34, Platteville, Colorado 80651. This Grant shall be binding upon the heirs, executors, administrators, successors, zed assigns of the parties hereto, and all rights herein granted, or any of them separately, may be released or as ► oned in whole or in part. It is understood that this Grant cannot be changed in any way except in writing, signed by the Grantor and a duly authorized agent of the Grantee. This instrument prepared by C. B. tvesonig, P. 0. Box 1348, Kansas City, Missouri 64141, also having a legal address of P. 0. Box 127, Brighton Colorado 80601. INWITNESS WHEREOF, the Grantors have hereunto set their hands and seals this day of A,D,, 19/ V -1 ofcf7Cc-e-" Ben R. Houston ' S'i'd'\TE-f.QF- COLORADO ) ) s s s • t.c'../COUNTY, 0 .�EE.D , t,‘,(‘-\\ i The 'moo' .. gd i ng instrument was acknowledged before me this day of f \\I t /`HH f t'r. 11, -?.-677,1;pN,r,c" a n d Angus Ranch, a Partnership, My Commission Expires: (7) 1 Partner, of Aristocrat Notary Public Emma Anita Houston 104C911I1Di$Si3:1I21-44.v if3,11;iLi • EXHIBIT "A" That part of the Northwest Quarter of Section 4 and of the Northeast Quarter of Section 5, Township 3 North, Range 65 West, Weld County, Colorado, being more particularly described as a strip of land 50.00 feet in width, the center line of which is described as follows: Beginning at the Northwest corner of said Northwest Quarter of said Section 4; thence South 23 Degrees 42 Minutes 34 Seconds East for a distance of 54.36 feet to a point; thence North SG Degrees GO Minutes 00 Seconds East for a distance of 62.00 feet to the true p_oi nt of beoi nni no thence South 00 Degrees 00 Minutes 00 Seconds West for a distance of 9.00 feet to a point; thence North 90 Decrees 00 Minutes 00 Seconds West for a distance of 82.00 feet to a po� rat on the West line of said Northwest Quarter of said Section 4, which is also the East line of said Northeast Quarter of said Section 5, said pot being South 00 Degrees 00 Minutes OD records West a distance of 57.00 f :3 from the Northeast corner of said ; ortheast Quarter; thence continui n ,!c 90 Degrees 00 Minutes 00 Seconds West for a distance of 588.00 feet to a ;: t thence South 00 Degrees 43 Minutes 50 Seconds West for a distance of S 2423 feet to the end of line. AND That part of the South Half of Section 4 and of the North Half of Section 9, Township 3 North, Range 65 West, Weld County, Colorado, being more particu- larly described as a strip of land 50.00 feet in width, the centerline of which is described as follows: Beginning at the Northwest corner of said Section 4; thence South 2R Degrees 42 Minutes 34 Seconds East on an assumed bearing for a distance of .4.36 feet to a point; thence North 90 Degrees 00 Minutes 00 Seconds East for a dis- tance of 2613.11 feet to a point; thence South 00 Degrees 03 Minutes 10 Seconds East for a distance of 4553,90 feet to the true point of beni nn i n u ; thence South C9 Degrees 56 Minutes 50 Seconds West for a distance of 32.70 feet to a point; thence South 00 Degrees 03 Minutes 10 Seconds East for a distance of 80.50 feet to a point; thence South 15 Degrees 41 Minutes 30 Seconds East for a distance of 70.40 feet to a point; thence South 00 De- grees 09 Minutes 31 Seconds West for a distance of 389.00 feet to a point; thence South 05 Degrees 34 Minutes 32 Seconds West for a distance of 149.40 feet to a point on the South line of said South Half of said Section 4, which is also the North line of said Section 9; thence continuing South 05 Degrees 34 Minutes 32 Seconds West for a distance of 96.70 feet to a point; thence South 00 Degrees 39 Minutes 22 Seconds West for a distance of 499.80 feet to a point; thence South 48 Degrees 19 Minutes 45 Seconds East for a distance of 133.50 feet to a point; thence South 87 Degrees 51 Minutes 35 Seconds East for a distance of 1672.30 feet to a point; thence South 52 Degrees 25 Minutes 33 Seconds East for a distance of 203.00 feet to a point; thence South 87 Degrees 10 Minutes 22 Seconds East for a distance of 101.90 feet to the end of line. Line No. 16-10-075-348-6", Tr. 1 16-10-075-349-6", Tr. 1 a FROM ARISTOCRAT ANGUS RANCH TO PANHANDLE EASTERN PIPE LINE CO. P. J. BOX 127 BRIGHTON, COLORADO 80601 C) t i • • I litil 11111 NE 11111111111111111 1111 3711980 08/16/2010 11;1Zq Weld County, CO 1 of 6 R 36 00 p 0.00 Steve Moreno Clerk & Recorder RIGHT-OF-WAY GRANT THIS RIGHT-OF-WAY GRANT ("Grant) is made this day of July, 2010, from REI LIMITED LIABILITY COMPANY a Wyoming limited liability company. doing business in Colorado as INVESTORS LIMITED LIABILITY COMPANY. and BEEBE DRAW FARMS METROPOLITAN DISTRICT No. 2. a quasi -municipal corporation and political subdivision of the State of Colorado, whose address is c/o Christine Hethcock, 6025 South Lima Street. Englewood, CO 80111, ("Grantor". whether one or more), to KERR-MCGEE GATHERING LLC, a Colorado limited liability company, whose address is 1099 18th Street. Suite 1800. Denver. Colorado 80202 ("KMGG"). The parties agree as follows: For and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby grants, conveys and warrants unto KMGG, its successors and assigns, a non-exclusive. perpetual right-of-way and easement to survey, construct. maintain, inspect. operate. repair, alter, replace. modify, change the size of. reconstruct, mark, monitor, abandon or remove, at KMGG's election, one pipeline and all appurtenances, below or above ground, convenient for the transportation or transmission of oil, gas, and other hydrocarbons and any other substances, whether fluid. solid or gaseous, associated therewith in, on, over. under. or through the lands situated in Weld County, State of Colorado, being described as follows: TOWNSHIP 3 NORTH, RANGE 65 WEST, 6TH PM Sections 4 and 9 The specific route and course of the right-of-way and easement conveyed hereby ("Right - of -Way Lands") are more particularly described on Exhibit "A" attached hereto and made a part hereof. The parties have agreed that the width of the Right -of -Way Lands is fifty feet (50') during construction, and subsequent to construction the width of the Right -of -Way Lands will be twenty feet (20'). After the initial construction of the pipeline KMGG may require. from time to time. temporary additional work space parallel and adjacent to the Right -of -Way Lands to survey. construct. maintain, inspect, operate. repair, alter. replace. modify, change the size of. reconstruct. mark. monitor. abandon or remove the pipeline together with all appurtenances. Grantor agrees to negotiate in good faith with KMGG to allow KMGG the use of this temporary additional work space. Grantor represents to KMGG that Grantor has full right. power and authority to enter into this Grant. The pipeline constructed hereunder shall be placed at a depth of not less than 48 inches below the surface of the ground. Grantor agrees not to increase or decrease the surface elevation on the Right -of -Way Lands without KMGG's prior written permission. KMGG shall repair and/or restore any fence on or adjacent to the Right -of -Way Lands removed or severed by KMGG in the course of the operations provided for in this Grant to the condition such fence was in prior to the removal by KMGG. KMGG shall, within a reasonable time, but not longer than three (3) months after the installation of the pipeline within the Right -of -Way Lands or any subsequent operation disturbing the surface within the Right -of -Way Lands, grade, contour, level, compact, reseed and restore any lands affected by KMGG's operations to the condition, as nearly as is reasonably practicable. that existed immediately prior thereto. KMGG shall drill the seed. crimp with straw and otherwise perform such reclamation in a manner that is likely to establish strands of grass at least comparable to that which previously existed. KMGG shall have all rights, privileges and benefits necessary or convenient for the full use and enjoyment of this Grant, including but not limited to, the right of ingress and egress over and across Grantor's lands lying adjacent to the Right -of -Way Lands for any and all purposes necessary and incidental to exercising KMGG's rights hereunder. KMGG shall conduct all operations and activities on the Right -of -Way Lands in a good, prudent and workmanlike manner, and in compliance with all applicable federal. state and local laws. regulations and ordinances. APC Pipeline Extension • I uiiii Illl lulu mi iiii iiimi Will UI 11111 Ui 3711980 08/16/2010 11:12A Weld County, CO 2 of 6 R 36.00 D 0.00 Steve Moreno Clerk & Recorder KMGG shall indemnify and hold Grantor harmless from and against any and all claims, damages, demands, suits, causes of action, fines, penalties, expenses and liabilities, including without limitation attorneys' fees, investigation expenses and other costs associated therewith, arising out of or connected with the operations of KMGG, or its employees, contractors invitees or agents, including, without limitation, any release or discharge of oil, gasses, solvents, pollutants, hazardous substances or any other substance that may pose an environmental hazard and any failure to comply with federal, state or local laws, rules, regulations or ordinances, including but not limited to RCRA and CERCLA (and as they may be reauthorized and/or amended). KMGG's obligations created by this paragraph are continuing obligations which will continue in effect even after the Easement terminates or otherwise ceases to burden the Property. Nothing in the immediately preceding paragraph shall be construed to give Grantor a private cause of action not already available to Grantor in law or equity. If KMGG causes damage to real or personal property of Grantor located outside the Right - of -Way Lands, or if Grantor incurs damages caused by the gross negligence of KMGG or the unreasonable use of the Right -of -Way Lands by KMGG not conforming with the rights granted hereunder, KMGG shall promptly repair such damage or otherwise indemnify and compensate Grantor for any and all costs Grantor may incur to repair such damage. Grantor, including anyone acting on behalf of, under the authority of or at the direction of Grantor, agrees not to build, create, construct or permit to be built, created or constructed, any obstruction, building, fence, reservoir, engineering works or other structures or improvements over, under, on or across the Right -of -Way Lands which creates a material impairment of KMGG's rights hereunder, its pipe or the facilities associated therewith without the prior written consent of KMGG. Subject to the foregoing covenant of non -impairment, Grantor may lay, construct and maintain, or grant or convey the right to any other person or persons, firm or corporation, to lay, construct and maintain, a pipeline or lines: streets and roadways, sidewalks, landscaping (exclusive of trees): parking, grading, signs, fences or any desired utility. over and/or through and across the Right of Way Lands, provided that Grantor, their successors and assigns must give KMGG not less than 48 hours prior notice of such activity. If Grantor conducts any construction activities as provided above or grants such right to any third party, any crossing of KMGG's pipeline shall be as near as possible to a right angle and shall be placed with a minimum vertical clearance of 24 inches between such utility line and KMGG's pipeline. With respect to any utility lines that Grantor or their successors, assigns or agents may wish to install within the Right -of -Way Lands that do not cross KMGG's pipeline and thus run roughly parallel thereto, Grantor agrees that such utility line shall be placed so as to establish and maintain a minimum of 8 -feet of lateral distance from KMGG's pipeline. Grantor shall pay for, reimburse, indemnify and hold KMGG harmless from any and all claims or damages resulting from Grantor's activities on the Right -of -Way Lands. Grantor shall have the right to use and enjoy the Lands, subject to the rights herein granted. This Grant cannot be modified, except by an instrument in writing signed by Grantor and an authorized representative of KMGG. The terms, conditions, and provisions of this Grant are a covenant running with the land and shall extend to and be binding upon the successors, and assigns of Grantor and KMGG. If the Pipeline is not used to transport oil, gas, other hydrocarbons, and any other substances, whether fluid, solid or gaseous, associated therewith for a continuous period of five (5) years, this Grant shall be conclusively deemed to have been abandoned, and all rights granted hereunder shall terminate and revert to Grantee. KMGG shall record an original of this Right -of -Way Grant in the records of the County in which the Right -of -Way Lands are located. By recording this Right -of -Way Grant, KMGG shall be deemed to have accepted all of the terms and conditions hereof. This Grant may be executed in counterparts each of which shall be considered one and the same agreement. APC Pipeline Extension II I IlII Iflifi liii lU IIIllI Iflhll iii uui IlU III 3711980 08/1612010 11:12A Weld County, Co 3 of 6 R 36.00 D 0.00 Steve Moreno Clerk & Recorder IN WITNESS WHEREOF, Grantor has executed and delivered this Right -of -Way Grant as of the date first above written. Grantor: REI Limited Liability Company, a Wyoming limited liability Company, doing business in Colorado as Investors Limited Liability Company By: Christine Hethcock Title: Manager Beebe Draw Farms Metropolitan District No. 2 By: Christine Hethcock Title: President KMGG: Kerr-McGee Gathering LLC B r1( ail7ilj/iro(' Name: Jane Ann Byroad Title: Agent and Attorney -in -Fact STATE OF COLORADO )ss. COUNTY OF ARAPAHOE ) The foregoing instrument was acknowledged before me this ,1citMt- day of July, 2010, by Christine Hethcock, as Manager, on behalf of REI Limited Liability Company, a Wyoming Limited Liability Company, doing business in Colorado as Investors Limited Liability Company, and as President, on behalf of Beebe Draw Farms Metropolitan District No. 2. Witness my hand and official Seal. u/r.23.�C/l My Commission Expires: sus -#e teeter rra ee-eesa arse JAMES W. WATT NOTARY PUBLIC STATE OF COLORADO ceac esSepa+1fl-.►-' My Commission Expires 04/25/2011 Notary Public t icr&Aar APC Pipeline Extension uii 1111111111 101111111 III ui 3711980 08/16/2010 11:12A Weld County, CO 4 of 6 R 36.00 0 0.00 Steve Moreno Clerk & Recorder STATE OF TEXAS ) )ss. COUNTY OF MONTGOMERY) The foregoing instrument was acknowledged before me this 3Nr"-f day of it+, 2010, by Jane Ann Byroad, as Agent and Attorney -in -Fact, on behalf of Kerr-McGee Gattieing LLC, a Colorado Limited Liability Company. Witness my hand and official Seal. My Commission Expires: // h c:70/'vs. „a/pew., ,IDA:fze,4 NOtiry Public la JEANINE PALMER My Commission Expires November 06, 2012 APC Pipeline Extension 1111111 11111 111111 1111111 11JUN11 1111! iiii 3711980 0811612010 11:12A Weld County, CO 5 of 6 fl 36.00 D 0.00 Steve Moreno Clerk & Recorder EXHIBIT "A" RIGHT OF WAY LANDS DESCRIPTION: RIGHT OF WAY LANDS SUBSEQUENT TO CONSTRUCTION Strips 20 feet wide in Section 9 and in Section 4, Township 3 North. Range 65 West of the Sixth Principal Meridian, County of Weld, State of Colorado. The strips shall lie 10 feet on each side of the following described centerlines: A line monumented by a 2-1/2 inch aluminum cap stamped PLS 23501 at the southwest corner of said Section 9 and a 3-1/4 inch aluminum cap stamped PLS 16425 at the northwest corner of said Section 9 bears N 00°24'22" W, a distance of 5270.66 feet, with all bearings contained herein relative thereto. STRIP "A" BEGINNING at a point on the south line of said Section 9 from which the southwest corner of said Section 9, a 2-1/2 inch aluminum cap stamped PLS 2350.1, bears S 89°41'08" W a distance of 2652.51 feet; Thence N 00'18'52" W a distance of 101.48 feet; Thence N 02°54'00" W a distance of 1192,74 feet; Thence N 89°40' 16" W a distance of 64.95 feet; Thence N 00°22'21" E a distance of 2134.75 feet to the POINT OF TERMINUS from which the northwest corner of said Section 9. a 3-1/4 inch aluminum cap stamped PLS 16425 bears N 54'39'21" W a distance of 3160.32 feet. The sidelines of said strip being extended or shortened as necessary to begin at the south line of said Section 9. The strip contains an area of 1.604acres more or less. TOGETHER WITH: STRIP "B" BEGINNING at a point in the north one-half of said Section 9 from which the northwest corner of said Section 9, a 3-1/4 inch aluminum cap stamped PLS 16425, bears N 54°04'31" W a distance of 3200.57 feet; Thence N 00°03'09" E a distance of 1737.57 feet; Thence N 04°10'37" E a distance of 297.65 feet; Thence N 00°26'29" W a distance of 3702.36 feet to the POINT OF TERMINUS from which the northwest corner of said Section 4. a 2-1/2 inch aluminum cap stamped PLS 12374. bears N 61°31'45" W a distance of 3001.14 feet. The strip contains an area of 2.634 acres more or less. Prepared by: Paul A. Valdez PLS 37068 For and on behalf of Left Hand Comer_ Inc. 3009 Shoshone Trail Lafayette, CO 80026 Iof2 4 r le32l33 sco 03 N 00'33'34" W eco to a z62 Lo 0 (y nCV y. <(y mo 0 z 111111111111111111111 1111111111 11111111 3711980 08116/2010 11:12A Weld County, CO 6 of 6 R 36.00 D 0.00 Steve Moreno Clerk & Recorder u "' t r N 89'45'38" E 2638.33' 514 2.5" ALUM. CAP PLS 12374 (SURVEY TIE TO P.O.T. "B" S 61'31'45" E 30.01.14') SEGMENT "B" L5=N 00'03'09" L6=N 04'10'37" L7=N 00'26'29" E 1737.57' E 297.65' W 3702.36' 1003' 2000' NOTF$ t.) Locations of utilities and foreign pipelines were determined from visible surface evidence. These locations if shown may not be accurate or complete. Other utilities may exist and are to be lia!a tocated to, others prior to excevet!on. 2.) This document is not a 'and survey pint or improvement survey plot It is not to be relied upon for the establishment of any future land boundary. future easement. fence, building, or other improvement lines. 3.) According to Colorado law you must commence any legal action based upon ony defect in this survey within three years after you first discover such defect. In no event may any action based upon any defect in thus survey be commenced more than ten years from the date of the certification shown hereon 4.) This Exhibit was prepared by Paul A Valdez. PLS 37068. for and or behalf of Left Hand .Corner, Inc. 3009 Shoshone Toil, Lafayette, CO 80026. 5.) (C) denotes a calculated d:mensicn. N 89'35'51" E 2632.43' (0) 819 '/ 3.25" ALUM. PLS 16425 (SURVEY TIE S 54'39'21" (SURVEY TIE S 54'04'31" CAP TO P.O.T_ „A'. E 3160.32') 70 P.0.8. "8" E 3200.57') BEEBE DRAW FARMS SEGMENT "A" Li =N 00'18'52" L2=N 02'54'00" L3=N 89'40'16" L4=N 00'22'21" 17[16 2.5" ALUM. CAP PLS 23501 (SURVEY TIE TO P.O.B. "A" N 89'41'08„ E 2652.51') P.O.T. STRIP "A" DESCRIBED AND DIMENSIONED CENTERLINE W 101.48' W 1192.74' W 64.95' E 2134.75' EXISTING LOTS N 89'41'08" E ULEFT HAND CORNER, INC. LAND SURVEYING & MAPPING 3009 5HUsmot4E TRAIL LAFAYETrr, CO 6O0'26 724300,9571 L6 - tin It N 89'24'36" E 2620.68' 1/4 CORNER SEC 33/SEC 4 3.25" ALUM. CAP PLS 16415 P.Q.T. r,B„ REl LTD LIABILITY CO STRIP "B" DESCRIBED AND DIMENSIONED CENTERLINE N 89'36'00„ P.Q.B. "B" RFr LTD I LIABILITY CO 1 9 r LP.O.B. L1 4I3 2.5" ALUM. CAP PLS 12374 z T4N T3N i N 50' RIGHT OF WAY DURING CONSTRUCTION DESCRIBED AND DIMENSIONED CENTERLINE 30' 10'10' 30' RIGHT OF WAY SUBSEOUENT TO CONSTRUCTION STRIP "8" DETAIL NO SCALE 2632.37' (C) L 100' BEEBE DRAW FARMS PARKWAY 413 9110 3.25" ALUM. CAP PLS 16425 S0' RIGHT OF WAY DURING CONSTRUCTION DESCRIBED AND DIMENSIONED CENTERLINE 30' 10' 10' 30' RIGHT OF WAY SUBSEQUENT TO CONSTRUCTION 10' 1 O'; 30 STRIP "A" & L3 DETAIL NO SCALE FUTURE LOTS "A„ 5121 ,50' 16115 3.25" BRASS CAP PLS 16415 KERR-McGEE GATHERING, LLC EXHIBIT "A" RIGHT OF WAY LANDS, SECTIONS 9 AND 4 T3N R6SW 6TH PM, WELD COUNTY COLORADO SCALE: 1 " = 1000' DATE: 04/05/10 FILE: 1009 REVISION: 1 SHEET 2 OF 2 DRM- Submittal Sheets Page 1 of 1 Land > Lease > Lease D0001570452 Sender Name: Analicia Maldonado Date Created: 05/06/2011 Barcode Expires: 05/05/2011 Department: Land Record Security: Non -Privileged COLOR DOCUMENT Attribute Value , Description ORIGINAL METROPOLITAN - RECORDED - ROW GRANT - REI UMYTEIo LIABILITY COMPANY AND BEEBE DRAW FARMS - T3N, R65W SECAi T3N, R65W SEC.9 DISTRICT TO KERR MCGEE GATHERING Document Date 07/20/2010 Lease Document Type Surface/Easement/ROW New Lease Packet No New Welt Mandaff No CO -500016120 Lease Number Suffix File Key 2021118 Group Code LSE Lease End Date 12/31/2099 Lessor Name REt LIMITED LIABILITY COMPANY ET AL Prospect Name SURFACE (KMGG)/A-42101067 W.ATTENBERG GATHERING MIDSTREAM State County COLORADO:WELD(123) Create another submittal sheet: New I Based On This One ht p►:l/uia eb/CJI Aisheet. o?id=D0001570452, 5/6/2011 /20111 3864663 08/08/2012 08:56 AM Total Pages: 5 Rec Fee: $31.00 Steve Moreno - Clerk and Recorder, Weld County, CO RiGHT-CAF-WAY GRANT THIS RIGHT-OF-WAY GRANT ("Grant) is made this J day of July, 2012, from REI LIMITED LIABILITY COMPANY, a Wyoming limited liability company, doing business in Colorado as INVESTORS LIMITED LIABILITY COMPANY: whose address is c/o 6025 S. Lime Street. Englewood, Colorado 80111 ("Grantor" whether one or more), to KERR-MCGEE GATHERING LLC, a Colorado limited liability company, whose address is 1099 18th Street, Suite 1800, Denver, Colorado 80202 ("KMGG"). The parties agree as follows: For and in consideration of Ten Dollars ($10 00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby grants, conveys and warrants unto KMGG, its successors and assigns, a perpetual non-exclusive right-of-way and easement to survey, construct, maintain, inspect. operate. repair, alter, replace, modify, change the size of. reconstruct, mark, monitor, abandon or remove, at KMGG's election, one pipeline, meter house and all appurtenances. below or above ground, convenient for the transportation or transmission of oil, gas, petroleum products, water, hydrocarbons and any other substances, whether fluid, solid or gaseous, and any products, derivatives, combinations or mixtures of any of the foregoing, in. on, over, under, or through the lands situated in Weld County, State of Colorado, being described as follows: TOWNSHIP 3 NORTH, RANGE 65 WESTL 6T4_PM Section 8: SW1/4 Section 17: NW1/4 The specific route and course of the right-of-way and easement conveyed hereby ("Right - of -Way Lands") are more particularly described on Exhibit "A" attached hereto and made a part hereof. The parties have agreed that the width of the Right -of -Way Lands is fifty feet (50") during construction, and subsequent to construction the width of the Right -of -Way Lands will be thirty feet (30'). After the initial construction of the pipeline KMGG may require, from time to time, temporary additional work space parallel and adjacent to the Right -of -Way Lands to survey, construct, maintain, inspect, operate, repair, alter, replace, modify, change the size of, reconstruct, mark, monitor, abandon or remove the pipeline together will all appurtenances. Grantor agrees to negotiate in good faith with KMGG to allow KMGG the use of this temporary additional work space. Grantor represents to KMGG that Grantor is the sole owner in fee simple of the Right -of - Way Lands, subject to the burden of the Right -of -Way and has full right, power and authority to enter into this Grant. The pipe constructed hereunder shall be placed at a depth of not less than 48 inches below the surface of the ground. Grantor agrees not to increase or decrease the surface elevation on the Right -of -Way Lands without KMGG's prior written permission. KMGG shall repair and/or restore any fence on or adjacent to the Right -of -Way Lands removed or severed by KMGG in the course of the operations provided for in this Grant to the condition such fence was in prior to the removal by KMGG. If necessary to prevent the escape of Grantor's livestock. KMGG shall construct temporary gates or fences in those areas affected by KMGG's operations as provided for in this Grant. Should KMGG discontinue the use of sad pipeline for a period of twenty-four (24) consecutive months or remove said pipeline, KMGG agrees to execute and deliver to Grantor, his successors or assigns, a release of this Grant. KMGG shall, within a reasonable time, but not longer than three (3) months after the installation of the pipeline within the Right -of -Way Lands or any subsequent operation disturbing the surface within the Right -of -Way Lands, grade, contour, level, compact, reseed and restore any lands affected by KMGG's operations to the condition, as nearly as is reasonably practicable, that existed immediately prior thereto. KMGG shall drill the seed, crimp with straw and otherwise perform such reclamation in a manner that is likely to establish strands of grass at least comparable to that which previously existed. Grantor agrees not to build, create, construct or permit to be built, created or constructed, any obstruction, building: fence, reservoir, engineering works or other structures or improvements over, under on or across the Right -of -Way Lands without the prior written consent of KMGG, KMGG will lower or relocate their pipeline where required upon receiving written notice of said pipeline relocate request 30 days prior to operations and all relocation costs will be paid by Grantor and Grantor provides an alternative right-of-way. Noble REI H 17-21 D, H-17 -28D, H 17-30D KMGG shall have all rights, privileges and benefits necessary or convenient for the full use and enjoyment of this Grant, including but not limited to, the right of ingress and egress over and across Grantor's lands lying adjacent to the Right -of -Way Lands for any and all purposes necessary and incidental to exercising KM G's rights hereunder. KMGG shall be obligated to pay for, repair, replace or otherwise compensate Grantor for any damages resulting from KMGG's activities and operations on the Right -of -Way Lands, except for any damage to structures or improvements placed in the Right -of -Way Lands contrary to the terms contained herein; and, Grantor shall pay for, reimburse, indemnify and hold KMGG G harmless from any and all claims or damages resulting from Grantor's activities on the Right -of -Way Lands. Grantor shall have the right to use and enjoy the Lands, subject to the rights herein granted. This Grant cannot be modified, except by an instrument in writing signed by Grantor and an authorized representative of KNAGG. The rights granted herein may be assigned in whole or in part, and the terms, conditions, and provisions of this Grant are a covenant running with the land and shall extend to and be binding upon the successors, and assigns of Grantor and KNAGG. KMGG shall record an original of this Right -of -Way Grant in the records of the County in which the Right -of -Way Lands are located. By recording this Right -of -Way Grant, KMGG shall be deemed to have accepted all of the terms and conditions hereof. This Grant may be executed in counterparts each of which shall be considered one and the same agreement. IN WITNESS WHEREOF, Grantor has executed and delivered this Right -of -Way Grant as of the date first above written, Grantor: REI Limited Liability Company, doing business in Colorado as Investors Lirriite Liability Company, By: _ Christine Hethcock, Manager STATE OF COLORADO ) )ss. COUNTY OF Agen gx The foregoing instrument was acknowledged before me this 7 day of July, 2012, by Christine Hethcock, as Manager of REI Limited Liability Company, a Wyoming limited liability company, doing business in Colorado as Investors Limited Liability Company Witness my hand and official Seal. My Commission Expires:O43 Notary Public: t` �� ��/- l(p Address: reici 1411 ce goicz„D Noble RE1 HI7-21 D,H-17- 8D,H17-30D Exhibit "A" P.O.B. Right of Way Survey Tie to NW Corner Section 17 S 45'46'45' W 1 260 14' O ie8 1811" Alum Cap Illegible 16-24" . Begin Pipeline As -built - Valve Site 0+226 PI 88'31'14" L " - r REI Limited Liability Company Rec No. 02393929 SW 14 SECTION 8 T3N FR65\l'i 6th PM N 89"18'118" E 5326.21 NW 1 4 SECTION 17 20 -10 -075 -I38 -Y' T3N R65W 6th PM PIPELINE NOTES: 0-00 Begin Pipeline . Valve Site: Tie To Existing 16-.256-4" Sta: 36-25.2: Survey Tie To NW Corner Section P T3N R65W 6th PM S 46'14'46" W 124917: Bearing Ahead S 01'01'19" W 0-22.6 PI 88c31'14" L 3-,-30.1 PI 68'57111" R 7-20.5 Tee Pipeline Lareiill Left 11--64.3 11--95.6 12+06.6 21-01.8 23--62.8 24-25.9 26-58.1 -47.4 29-776.'0 32-62.8 32+78.9 Section Line Fence Crossing PI 6._45.311, L - PI 11`29'39" L PI 30700'03h1 R PI 347'36" R PI 22'1"'00" R PI 23°58156" R Fence flossing PI 8'49'04" K Fence Closing -G- Aristocrat Angus 1 20-104-3.. amunit 'I Existing Access 3+30.1 PI 68a57111" R DCP Production Equipment 12+06.6 PI 6°45'31" L 115' Tanks REI Limited Liability Company Rim No. 02393929 LINE BEARING DISTANCE L1 S 03)01'19" W 37.59' L2 a S $5'29"54" E 307.4V L3 3 16'32143n E 876.51' L.4 S 2318114"E 895.18' L5 $ 34'47'53" E 261.01' L6 3 Q4°47'46'" E 63.13' L7 w S 31'59'50" W 232.20" La S 54.15'50" W $9.33' ISL9 S 78'15'46" W 515.33" LW S 84'55'21"W 97.24' +26.0 Flowline Crossing L BPI -42.4 PI 98=15'2-" L: Vertical PI 90= UP: Launcher: PI Ahead 33-48.2 P190 = R 33-50.O End Pipeline ►' : E Face of 4x6 Meter Skid: Survey Tie To NE Corner Section 1d7' T3N R65W 6th PM ' 69'2x'48" E-4421 -43' 0 citevykts0 R E GAtti.0, ..&.***,,14 A so A:septa:5;e 4-1 calw ��12a12 4 ea '097 • . = _• -__ * _ �: I r NOTES ? ) This n not a land survey nor a hind survey plat. 2.) The side Lugs of the right of way are to be lengthened and or shortened a' necessary to end at the property Imes. 3.) All directions. distances, and dimensions shown hereon are based on coordinates from the "Colorado coordinate system of 1983 north zone" iC It S 38-5-2-1021 32+62 8 PI 8°49'Q4" R P.O.T. Right of Way r= (See Detail') :":_ �r fey — Survey Tie to NE Corner Section 17 N 69513'28" E 4436.58' Existing Access 3716.5' it - Total R.O.W. Length Total Pipeline Length L10: 0 11-577-3" (See Sheet 3 North 300 Graphic Scale in Feet • i7 = 300' 21+018 PI 11 "29'39" 27+47.4 PI ?.3'58'50' R Proposed Pipeline ;See Sheet 2) 15' 1 600 89 1`16 Alum. Cap PLS 23501 Centerline of Right of Way 301 Right of Way t-1SR RD 3-17A 23+62.8 PI 30°00`00" R 24+25.9 P1 3644736" R 26+5'8.1 PI 22'17'00" R Detail 1" =4OM 3344124 30' Right of Way PI98'1527s L Launcher Separators P.t.T. Right of Way Meters O Access Existing Access 1 a • • • '' 2 -*62.8 P18r49'04" R { 1 20-10-075_ 138-3R - �� - tie r r s l--- Cf enteritne o, End Pipeline Ass -bunt —' 3.3+4W2 Right of Way ni .in=nnenrii, 0 m L SURVEYIKO MO MAPPING LAFA-WIN'f' ' C Ph Xn 88811311 Fr 303 0056320 KERR-McGEE Right of Way Pipeline A.s-bnilt Survey TOWNSHIP: 3 North RANGE: 65 Wes1 6th PM COUNTY: Weld STATE: Colorado 1"= 300 6/12/2012 BY: MTC SAP AFE: TRACKING: 8412175 REVISIONS: Noble REI H17-21 D, H-17-28 ,H 17-30D 4. s Exhibit "A" Sheet 2 NW Corner Section 17 Alum Cap Illezibie Separators Meters PIO.BS Right of Way Survey Tie to NW Corner Section IT N 38°59'18" W 1885.84' • . Centerline of Right of Way nto -aJs.4\ .001%III Ili(IWO, Cal 6'12.'12 ' N 89'.18' 18" E 5326.21' 0 N v 1'4 SECTION 17 T3N Re5W 6th PM REI Limited Liability Company Rea No. 02393929 0+00 Begin Proposed Pipeline 2O -10 -075-13B-3" DC? P‘Pere NOTES 1.) This is not a land survey nor a land survey pint 2 ) The side lines of the nabt of way are to tae letitiithened lea shortened as necessary to end at the property lines 3.) All d sections.. distances. and dimensions sling hereon are based on coordinates from the "Condo coordinate system of 1983 north zone (CRS. 3S-52-102). ti ti • — Flowline Tanks 30' Right of Way 0 Separators de - 1+38.5 End Proposed Pipeline POTS Right of Way Survey Tie to NE Corner Section 17 N 67°31'48" E 4425 12' 30 60 Graphic Sole in Feet 1"=30' NE Corner Section 1 Ahe_ Cap €BLS 23501 North m CO LNVQ SURVEYING AND JMPPIN4 2FAYETTt - WINS P/C Ph 343 806 0372 Fit 343 666 3320 KE -McGEE Right of Way Proposed Pipeline Survey TOWNSHIP: 3 North RANGE: 65 West 6th PM COUNTY: Weld 1 "- 30 S,AP AFE: TRACKING: G: 841217 6(12/2012 REVISIONS. STATE : Colorado 3Y- it•9TC Noble REI H 1 7 21 C , i-- 17-28D, H 17 30D North Exhibit "A" Sheet 3 .t C Centerline of Right of Way 0+01? Begin 11-577-=3' As -built P. .B. Right of Way Survey Tie to SW Corner Section 8 S 71°28'16"W 1376.18' 07108 18I1 - Alum Cap 41.- Iiier ible 011111111111110/04, 00_00 R:��'+iflor •01 n "se �. •• pre 0*a04►.. * 6/12/12 %VS'• 097 ��/f+ L 100' n�Nllllli�lltil� • • • Production Equipment • Tanks Meters Separators ECO tom' 4 lab RE! Limited Liability Company Rec No. 02393929 SW 1/4 SECTION 8 T3N R65W 6th PM Right of Way Survey Tie to SE Corner Section 18 S 83 • '8'44" E 3930.65' 1+464 '— End 11-577-3" As -built 30' Right of Way 1+3-y 4 PI 90400110" L i +20.5 P1 901'00`00° L Noble 1118-15, 1117-29D AFE: 2065518.6.AT 11-577-3" PIPELINE NOTES: 0+00 Beein Pipeiit e: "x3" Full Encirclement: Tie To Existing 20-138-3" Sta: 8+85: Survey Tie To SW Coiner Section 8 T3N R65W 6th PM S 71030155" W 1391.44': Bearing Ahead N 75'35'09" E 0+20.6 Centerline Gravel Access 1+20.5 PI 90: L 1+39.4 PI 90 1: Vertical PT 90'=. Up: PI Ahead 1+46.4 End Pipeline fr.(E Face of 4x6 Meter Skid.: Sillatey Tie To SE Corner Section 8 T3N R65\fir 6th PM S 83'48'43" E 3924.17' N 89*18118" W' 1$" E 5326.21 NOTES 1.) This is net a land survey aor a lard survey plat. ') The side lines of the right of way are to be lengthened at4'or shortened as necessary to end at the property lines. 3.) All darethons, distances, and dimension; shown hereon are based on coordinates from the "Colorado coordinate system of 198.; north zone" (C.R.S. 38-52-1021 L'NE BEARING Of STANCE L 1 N 75x35'09" E 130.46' L2 1\I 14424'51"N 42,54' 0 50 100 Graphic Scale in Feet =50' i"°lc Ahun. Cap PLS 23501 r O w ON .1]*HS LAtCI SURVEYING AND MAPPING _s -K_ Ph 303 el OM Fa 9031 S85 9320 KERR-McGEE Right of Way Pipeline As -built Survey TOWNSHIP: 3 North RANGE: 65 'N a st 6th PM COUNTY: Weld 50 SAP AFE: 20655I8.GAT TRACKING: 8411256 612!2012 REVISIONS: STATE: Colorado BY: MTC _ Noble REI H17-21D,H-17-28D,H17-30D r -21 D, H -17-28D, H 17-30D DRM - Physical Content Submittal Sheet Page 56 of 9 i Land » Lease » Lease D0002040752 i Sender Name: Date Created : Barcode Expires: Department: Security: Analicia icia Maldonado 11/01/2012 12/01/2012 Land Record Non -Privileged COLOR DOCUMENT Attribute Value Description REI H17 -21D, H -U' -28L, H17 -30D ORIGINAL - ROW GRANT - ROBLE Document Date 07/11/2012 Lease Document Type Surface/Easement/ROW New Lease Packet No New Well Nalndoff No .„— - Lease Number Suffix • CO-SO0016385 File Key 2193470 Group Code LSE Lease End Date 12/31/2099 Lessor Name REI LIMITED LIABILITY COMPANY Prospect Name SURFACE (KMGG)/A-42101067 WATTENBERG GATHERING MIDSTREAM State County COLORADC:WELD(123) Create another submittal sheet: New I Based on this one Edit this submittal sheet Home http://uiawebAHARriew_sheet. j sp?ss_id=D000 041321,D000204131 ,D0002041316,D00... 11/5/2012 • 3864665 08/08/2042 08:57 AM Total Pages. 3 Rec Fee: $21.00 Steve Moreno - Clerk and Recorder, Weld County, CO RIGHT-OF-WAY GRANT rcA THIS RIGHT-OF-WAY GRANT ("Grant) is made this day of May. 2012, from REI LIMITED LIABILITY COMPANY, a Wyoming limited liability company, doing business in Colorado as INVESTORS LIMITED LIABILITY COMPANY, whose address is c/a 6025 S. Lima Street, Englewood, Colorado 80111 ("Grantor' whether one or more), to KERR-MCGEE GATHERING LLC, a Colorado limited liability company: whose address is 1099 18th Street, Suite 1800, Denver, Colorado 80202 ("KMGG"). The parties agree as follows: For and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. Grantor hereby grants, conveys and warrants unto KMGG, its successors and assigns, a perpetual non-exclusive right-of-way and easement to survey, construct, maintain, inspect, operate, repair, alter, replace, modify. change the size of. reconstruct, mark, monitor., abandon or remove, at KMGG's election, one pipeline, meter house and ail appurtenances, below or above ground, convenient for the transportation or transmission of oil, gas, petroleum products, water, hydrocarbons and any other substances, whether fluid, solid or gaseous. and any products, derivatives, combinations or mixtures of any of the foregoing, in, on, over, under, or through the lands situated in Weld County, State of Colorado, being described as follows: TOWNSHIP 3 NORTH, RANGE 65 WEST, 5T" PM Section 9 The specific route and course of the right-of-way and easement conveyed hereby ("Right - of -Way Lands") are more particularly described on Exhibit "A" attached hereto and made a part hereof. The parties have agreed that the width of the Right -of -Way Lands is fifty feet (50') during construction, and subsequent to construction the width of the Right -of -Way Lands will be thirty feet (80'). After the initial construction of the pipeline KMGG may require, from time to time, temporary additional work space parallel and adjacent to the Right -of -Way Lands to survey, construct, maintain, inspect,operate, repair, alter, rep ace, modify. change the size of, reconstruct, mark, monitor, abandon or remove the pipeline together will all appurtenances. Grantor agrees to negotiate in good faith with KMGG to allow KMGG the use of this temporary additional work space. Grantor represents and warrants to KMGG that Grantor is the sole owner in fee simple of the Right -of -Way Lands, subject to the burden of the Right -of -Way and has full right, power and authority to enter into this Grant. The pipe constructed hereunder shall be placed at a depth of not less than 48 inches below the surface of the ground. Grantor agrees not to increase or decrease the surface elevation on the Right -of -Way Lands without KMGG's prior written permission. KMGG shall repair and/or restore any fence on or adjacent to the Right -of -Way Lands removed or severed by KMGG in the course of the operations provided for in this Grant to the condition such fence was in prior to the removal by KMGG. If necessary to prevent the escape of Grantor's livestock, KMGG shall construct temporary gates or fences in those areas affected by KMGG's operations as provided for in this Grant. KMGG shall, within a reasonable time, but not longer than three (3) months after the installation of the pipeline within the Right -of -Way Lands or any subsequent operation disturbing the surface within the Right -of -Way Lands, grade, contour, level, compact, reseed and restore any lands affected by KMGG's operations to the condition, as nearly as is reasonably practicable, that existed immediately prior thereto. KMGG shall drill the seed, crimp with straw and otherwise perform such reclamation in a manner that is likely to establish strands of grass at least comparable to that which previously existed. Grantor agrees not to build. create, construct or permit to be built, created or constructed, any obstruction, building, fence, reservoir, engineering works or other structures or improvements over, under, on or across the Right -of -Way Lands without the prior written consent of KMGG. KMGG shall have all rights, pnvileges and benefits necessary or convenient for the full use and enjoyment of this Grant, including but not limited to, the right of ingress and egress over and across Grantor's lands lying adjacent to the Right -of -Way Lands for any and all purposes necessary and incidental to exercising KMGG's rights hereunder. KMGG shall be obligated to pay for, repair, replace or otherwise compensate Grantor for any damages resulting from KMGG's activities and operations on the Right -of -Way Lands, except NOBLE REI H09 -30D for any damage to structures or improvements placed in the Right -of -Way Lands contrary to the terms contained herein; and, Grantor shall pay for, reimburse, indemnify and hold KMGG harmless from any and all claims or damages resulting from Grantor's activities on the Right -of -Way Lands. Grantor shall have the right to use and enjoy the Lands, subject to the rights herein granted. This Grant cannot be modified, except by an instrument in writing signed by Grantor and an authorized representative of KMGG. The rights granted herein may be assigned in whole or in part, and the terms, conditions, and provisions of this Grant are a covenant running with the land and shall extend to and be binding upon the successors, and assigns of Grantor and KMGG. KMGG shall record an original of this Right -of -Way Grant in the records of the County in which the Right -of -Way Lands are located. By recording this Right -of -Way Grant, KMGG shall be deemed to have accepted all of the terms and conditions hereof. This Grant may be executed in counterparts each of which shall be considered one and the same agreement. IN WITNESS WHEREOF, Grantor has executed and delivered this Right -of -Way Grant as of the date first above written. Grantor: REI Limited Liability Company, doing business in Colorado as Investors Limited Liability Company By: Christine Hethcock, Manager STATE OF COLORADO ) )ss. COUNTY OF aftphllor ) The foregoing instrument was acknowledged before me this ifrotday of May, 2012, by Christine Hethcock, as Manager of REI Limited Liability Company, a Wyoming limited liability company, doing business in Colorado as Investors Limited Liability Company Witness my hand and official Seal. My Commission Expires: My Commission Expires 07115/2012 S. 4/Li Notary Public: Address: Dave Bale 25717 WCR 89 Orchard. CO 80649 NOBLE REI H09 -30D Exhibit "A" ro:04111lI ItiilyiNosse !► RE6�� / * • 5.:1 12 et . • 097 • i. • • . • r/,1/LIn1 LA�'g,\,, �,` N OM NW 1/4 SECTION 9 T3N R65W 6th PM Beebe Draw Farms and Equestrian Center Corrected First Filing Rec No. 02200074 Beebe Draw Property Owners Association ' Rec No 02200074 Lot 158 N Lot 173 30' Right of Way Lot 175 as o4/6 1+592 PI B11721"E_ —N ©fib PI 90°00'00" R 0..{x1 Begin Proposed Pipeline 7 4 LINE -BEARING DISTANCE L1 'N 43'43'18" Wr 110.82' L2 S 4616142" 16'42" W 63.38" L3 S 32`59'21" W 49.85' L4 S 52'14'59" W 161.52' L5 S 67'28'08" W 326.77' L6 S 20`53'18" E 375.48' L7 S 42'13'31-W 140.21' L8 S 68'47'59" W 90.67' L9 N 36714147"W 134.791 Pun45C Cap �. PLS 113N o N`* J 2 tp -1r }- v Cap FLS 16£-4" e.0 annual s Lot 174 12+13 ='I 263428" R 15' — tibyaywLaL�� . ``-y1y €', 000t 3+70.6 PI'15'13'09'R 2+09 Gravel . P119'15'38" R ___ - - Turn Around N 18°18'01" W 139.31' ._�i -- survey Tie• • 10+72.8 Pl 63'06'49" R w r REI Limited Liability Company Rec No. 02393929 Existing Pipeline Existing Pad • •-; Tanks Production Equipment Right of Way '' \ • R.O.W. Lengths REl Metropolitan District Homeowners Assoc. Total NOTES: 1 ) This is not a land survey nor a land survey plat 21 The side lines of the rigbtt of way are to be lentil. hened and or shortened as necessary to end at the property lines 1 All directions. distances.. and dimensions shown hereon acre based on coordinates from the "Colorado coordinate system of 1983 north zone" (C.KS. .3•s -s•102). 13+03.7 PI 74'57' 14' R Barbed Wire Fence 14+23 5 End Proposed Ptpskne P.O.T. Right of Way Meter N 84'5919"W 351.39' - Survey Tie 15' 6+07 3 PI 862126"1. =$ Rebar Lot 176 \ N. 756. 647.4' 49.9' 1453.5' 0 Centerline of Right of Way Beebe Draw Farms Metropolitan District No, 2 Rec. No. 3593584 Pipeline Lengths REI Iettopolitau District Homeowners Assoc. Total 200 741.2' '3.4' 49.9' 1473.5* 400 Graphic Scale In Feet 1"=200 North 0) z m m 6 A IA I suavritici D MAPPINCf 1. l on rC - %I - K Ph ]Q3 !!e 00n Fa 900100 6320 KERR-MCGEE Right of Way & Proposed Pipeline Survey TCWNSH!P. 3 North RANGE: 65 West 6th PM r= 200 SAP AFE TRACKING: 8412165 COUNTY: Weld 5/1:2012 REVISIONS: STATE Colorado By MTC NOBLE REI H09 -30D DRM - Physical Content Submittal .Sheet Page 1 of I Land >> Lease » Lease D00O2073378 Sender Name: Candide Bailey Date Created: 12/17/2012 Barcode Expires: 01/16/2013 Department: Land Record Security: Non -Privileged COLOR DOCUMENT Attribute Value DescriptionRECD ORIGINAL RIGHT OF WAY GRANT FROM REI LIMITED LIABILITY COMPANY TO KERR MCGEE LIMITED LIABILITY COMPANY AS INVESTORS GATHERING LLC RE: SEC 9, T3N R651A, Date 05/03/2012 Document Lease Document Type Surface/Easement/ROW New Lease Packet No New Well Handoff No Lease Number Suffix CO -500016386 File Key 2193800 Group Code LSE Lease End Date 12/31/2099 Lessor Name REI LIMITED LIABILITY COMPANY Prospect Name SURFACE (KMGG)/A-42101O67 WATTENBERG GATHERING MIDSTREAM State County COLORADO: WELD(123) Create another submittal sheet: New I Based on this one Edit this submittal sheet Home htt ://uiaweb/UTA/view _ sheet.] sp?ss_id=D000207337 &action —DOCUMENT 12/17/2012 B 1330 BEC 02282824 04/01/92 15:16 $20.00 1/004 F 1557 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Ri+Q��-�i,4►Y FOR AND IN CONSIDERATION of the sum of Ten ]molars and other valnaH a consideration, ($10.00 and more) to the undersigned in hand paid, the receipt whereof is hereby acknowledged, Beebe Draw Farm Ltc . A Colorado Limited Partnership, having an address at 1551 TAri.mer Street, Suite 2706, Denver, Colorado 80202, hereinafter called "Grantor" does hereby grant to Vessels Oil & Gas Company of 1050 Seventeenth Street, Suite 2000, Denver, Colorado 80265, its successors and assigns, hereinafter called "Grantee", the right and easement to lay, construct, reconstruct, replace, repair, maintain, operate, change the size of, increase the number of, and remove pipelines and appurtenances thereof, for the transportation of oil, petroleum, gas, other hydrocarbon substances, or any thereof, as Grantee from time to time may elect, with the continuing right of ingress and egress to and from the same, over, through, under or along that certain parcel of land of which Grantor warrants that Grantor is the surface miner, situated in Weld County, State of Colorado, and described as follows, to - wit: Township 3 North Range 65 'West. 6th Mt Section 8: That part of the 8/2 of said section more fully described in Exhibits "A" and " E" , attached to and made a part of this Right -of -Way Agreement. Grantor reserves the right to use and enjoy said premises, provided that Grantor shall not construct or maintain the whole or any part of any structure on said strip of land, or in any manner impair or interfere with the present or prospective exercise of any of the rights herein granted. The top of said pipelines shatl be buried at least thirty- six inches (36") beneath the surface of the ground. After completion of construction of the pipeline Grantee shall not maintain any structure, piping or equipment above the surface of the ground within said +easement. The Grantee and its employees and agents, at any aid all times where necessary, shall have free access to the facilities constructed hereunder, over such reasonable route as Grantor may designate or approve, for the purpose of exercising the rights hereby granted. To Have aid to Hold the said easement unto the Grantee, its successors and assigns, so long as the sane shall be used or useful for the purposes of the Grantee. If the Grantee agrees to terminate this Agreement, Grantee shall, at its own risk aid expense, remove all property placed by or for Grantee upon said lands, and restore said premises as nearly as possible to the same state and condition they were in prior to any construction hereunder, all within sixty (60) days after such termination. Grantee will construct the pipeline at the initial expense of the Grantor, which expense shall be mutually agreed to prior to construction. Grantor is providing this easement at no cast to the Grantee and after completion of the pipeline Grantor will reseed the easement at its con expense. If Grantee re-enters the above described property at a later date, for repair or replacement of pipeline, reasonable and just damages will be negotiated at that time. Grantee hereby agrees to hold the Grantor harmless for any damage to other parties' buried installations or property incurred by Grantee's operations subject hereto. This contract shall be effective upon execution. The provisions hereof shall inure to the benefit of and be binding upon the parties hereto, their respective heirs, executors, administrators, successors and assigns. CO -scan 5.253‘ • 7¼r-" VEssr • - r 11050 Li 0 !; 3 ';idiET SUITE 209V DENVER COLORADO 80265-2001 • B 1330 REC 02282824 04/01/92 15:16 $20.00 2/004 F 1558 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO IN WITNESS WHERD3F, this Aunt is executed this lord day of $ 1990. T3R D t -W F LTD. A Colo . Limi Partnership By: Mo . s Burk General Parter4 STATE OF COLORADO ss. COUNTY OF ) l ri-v-1,Lk I) day of The foregoing instrument was acknowledged before me this /4 .,t 1990. .:k\ �14 �,r}, Witness my hard and seal this / 0 day of ROW-AGRYT. BEEBE DRAW 1 1990. Anrth No -y Public Address: '9 1 ` �Lfc MCVICK 1:), „las Cc to02.13, A.i' •; VESSEL: . 1050 17TH S TR EE _ S d t _t NVER COLORADO 80265-2uO1 B 1330 REC 02282824 04/01/92 15:16 $20.00 3/004 F 1559 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT A LEGAL DESCRIPTION A 30 -foot wide easement for installation, maintenance and operation of an oil or gas pipeline. Said easement lies 15 feet perpen- dicularly on each side of the following described centerline: Commencing at the Southwest Corner of Section 8, Township 3 North, Range 65 West of the Sixth Principal Meridian, and considering the West line of said Section 8 to bear N 00J 09' 35" W, with all bearings herein relative thereto; Thence N 4 5° 18' 47" E, 1330.88 feet to the True Point of Begin- ning; ning; Thence S 72° 37' 09" E, 1688.81 feet; Thence N 35° 50' 30" E, 516.77 feet; Thence N 32° 53' 56" E, 358.27 feet; Thence S 69° 06' 05" E, 703.56 feet; Thence S 77° ?, e 56" S, 550.00 feet; Thence N 41° 12' 50" E r 158.03 feet to the Point of Termination. The side lines of said easement are lengthened or shortened to intersect at all angle points. Attn: Lana D.'7,^ r# -'-r 1050 J71H S !`RE3-_,1, r i DENVER COLORADO 8_Ui J .... J I E 1330 RED 02282824 04/01/92 15:16 $20.00 4/004 F 1560 MARY ANN FEUERSTEIN N CLERK & RECORDER WELD CO, Co EXHIBIT "B" 03 ci VP Lu 10 . k die 46/411) k6 gf' S.W. COR SEC a, T3N. R65W T. P.O. B. iselcmr4ft 5320.047 S 894181101V 10'V SOUTH UNE SEC., 8 H 35 50'3ct E 518.77° N 45•12.5O. E 158.03* Ann: Land Depnrtment VESSELS OIL & GAS COMPANY 10.50 17TH STREET SUITE 2000 DENVER COLORADO 8026D-2001 (7 5 02, cc: Pit / eJar DRM e Submittal Sheets + E/P Page 1 of 1 i i Land > Lease > Lease D0001650954 i Sender Name: Analicia Maldonado Date Created: 07/28/2011 Barcode Expires: 08/21/2011 Department: Land Record Security: Non -Privileged BLACK AND WHITE DOCUMENT Attribute Value Description ENCANA HISTORICAL ROW AGREEMENT Document Date 04/10/1990 Lease Document Type Surface/Easement/ROW New Lease Packet No New Well Handoff No Lease Number Suffix CO -S00052536 File Key 2026556 Group Code LSE Lease End Date 12/31/2099 Lessor Name BEEBE DRAW FARMS, INC. Prospect Name SURFACE (KMGG)/A-42101067 WATTENBERG GATHERING MIDSTREAM State County C0L0RAD :ADAMS(001) Create another submittal sheet: New I Based On This One http.//uia eb 1A/sheet.do?id=D0001650954, 7/28/2011 AR2172282 B 1225 R 02172282 03/02/89 12:19 $9.00 1/003 F 1838 M ANN FEUERSTEIN CLERK & P'^"JRDER WELD CO, CO PIPELINE EASEMENT KNOW ALL MEN BY THESE PRESENTS: That BEEBE DRAW FARMS, LTD., a Colorado limited part- nership which is successor to Beebe Draw Land Co., Ltd. and Beebe Draw Cattle Company and whose address is 1551 Larimer Street, Suite 2706, Denver, Colorado 80202 (hereinafter "BEEBE DRAW") for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, the re- ceipt and sufficiency of which are hereby acknowledged, does hereby grant, bargain, sell and convey, without warranty, u nto COORS ENERGY COMPANY, a Colorado corporation, whose ad- dress is P.O. Box 467, Golden, Colorado 80402 (hereinafter "COORS") a nonexclusive easement thirty (30) feet in width o ver, across and through the following described lands sit- u ated in Weld County, Colorado: TOWNSHIP 3 NORTH, RANGE 65 WEST, 6TH P.M. PARCEL #1 Section 4: A 30 foot easement being 15 feet each side, measured at right angles, from the following described center- line: Commencing at the North Quarter Corner of said Section 4 and con- sidering the North line of the Northeast Quarter of said Section 4 as bearing North 90°00'00" West; thence South 04°50'46" East 1490.84 feet to the Point of Beginning; thence North 72°49'02" West 104.25 feet; thence South 00°36'28" East 863.03 feet; thence South 00°13'07" East 407.93 feet; thence South 00°16'08" West 2556.81 feet more or less to the South line of said Section 4, said point being the Southerly terminus of said described centerline, whence the Southeast Corner of said Section 4 bears South 89°48'59" East 2598.84 feet. The sidelines of said 30 foot ease- ment shall be forelonged or fore- shortened so as to terminate at right angles to the point of begin- ning and on the South line of said Section 4. Said parcel of land contains 2.71 acres more or less, subject to all other easements, rights -of -way, res servations, and restrictions of record. PARCEL 42 Section 9: A 30 foot easement being 15 feet each side, measured at right angles, from the following described center- line: Commencing at the Northeast Corner of said Section 9 and considering the North line of the Northeast Quarter of said Section 9 as bearing N orth 89°48'59" West; thence North 89°48'59" West 2598.84 feet to the P oint of Beginning; thence South O 0°16'08" West 96.13 feet; thence South 01°05'48" West 1390.24 feet; B 1225 REC 02 4282 03/02/89 12:19 ``9.00 2/003 F 1839 MARY Ai FEUERSTEIN CLERK & RECORD. WELD CO, CO PIPELINE EASEMENT Page 2 of 3 thence South 00°57'07" West 1714.60 feet; thence South 01°13'51" West 2059.17 feet to a point located 15 feet North of the South line of said Section; thence South 89°43'27" East 2538.78'+ to the East line of said Section 9, said point being the terminus of said described center- line; whence the Southeast corner of said Section 9 bears South along the East line of said Section 15 feet. The sidelines of said 30 foot ease- ment shall be forelonged or fore- shortened so as to terminate on the North and East lines of said Section 9. Said parcel of land contains 5.37 acres of land more or less, subject to all easements, rights -of -way, ✓ eservations, and restrictions of ✓ ecord. TO HAVE AND TO HOLD unto said COORS, its successors and assigns, together with the right of reasonable ingress to and e gress from said lands across the adjacent lands owned by BEEBE DRAW for the purpose of constructing, operating, in- specting, repairing, maintaining, replacing, re -sizing, test- ing, surveying and/or removing pipeline(s) and related facil- ities thereon, in whole or in part, at the will of COORS. It is the intention of the parties hereto that BEEBE DRAW may continue to use the surface of the easement conveyed hereby for all purposes which are consistent with the rights and privileges granted hereby and which will not interfere with or endanger COORS' use of the easement for the purposes set forth herein; provided that, BEEBE DRAW shall not construct any permanent improvements or plant trees or shrubs upon the e asement. It is further agreed as follows: 1. COORS agrees to bury all pipelines to a depth of no less than forty-two inches below the surface. 2. BEEBE DRAW grants to COORS an additional ten (10) feet on each side of the above described easement parcels for initial installation of the pipeline. 3. COORS agrees to pay BEEBE DRAW the amount of Seven Thousand Three Hundred and No/100 Dollars ($7,300.00) for this Pipeline Easement and for all damages to lands, improvements and growing crops occasioned by the initial installation of a pipeline and related facilities. • 4. This Pipeline Easement shall be perpetual in dur- ation; provided that, four (4) years from the date hereof, COORS agrees to release those por- tions of the easement upon which COORS has not installed a pipeline. 5. This Pipeline Easement shall be binding upon the parties hereto and their respective successors and assigns. D 1225 REC 0: 282 03/02/89 12:19 5....0 3/003 F 1840 MARY A FEUERSTEIN CLERK & RECUR I WELD CO, CO PIPELINE EASEMENT Page 3 of 3 IN WITNESS WHEREOF this Pipeline Easement is executed on FLeaow4 74- , 1989. STATE OF COLORADO COUNTY OF i h CAL) e lL SS. The foregoin3 instrument was acknowledged before me this ;)Itih day of 1-Q1� viLn . 198`- , by ( lo( (``,;;olot„�,�aw. K as ( 4AP(n i eto RAir C.? U5 of Beebe Draw Farms, I�,t O100 49p 44 •.••0•• I •`N e• ••. WITNESS my hand and official seal. ;`. °;•7 !.� a e. ;- �, z . ::5e,..:1, • .• ., : Notary Pub is (, ;'l•?y.i 4:( My commission expires: \--Ma 10/1 (qt gcir Lease Records Scan Request Cover Sheet Document Information Scan requested by: Document Number: Document Type: Document Date: Document Description: Document Path: JOSEPHRICHARDS 475145 Original 02/24/1989 PIPELINE EASEMENT 101583100475145. TI F Date By Scanned ei '73 1-- • Agreement Number: Agreement Name: Agreement Information Q077213000 BEEBE DRAW FARMS LTD 9/25/2013 DRM - Physical Content Submittal Sheet Page 38 of 54 Land >> Lease » Lease D0002809321 Sender Name: Scott Olsen Date Created: 02/21/2017 Barcode Expires: 03/23/2017 Department: Land Record Security: Non -Privileged BLACK AND WHITE DOCUMENT Attribute - Description RECORDED PIPELINE EASEMENT - BEEBE DRAW FARMS and COORS ENERGY CO Document Date 02/24/1989 Lease Document Type Surface/Easement/ROW New Lease Packet No New Well Handoff No Lease Number Suffix . 1355099000 File Key 9862695 Group Code SUR Lease End Date 12/31/2099 Lessor Name BEEBE DRAW FARMS LTD Prospect Name WATTENBERG GATHERING MIDSTREAM SURFACE (KMGG)/A-42101067 State County United States:Colorado:Weld(326005123) Create another submittal sheet: New I Based on this one Edit this submittal sheet Home http://uiaweb/U IA/viewsheet.j sp?ss_id=I0002809340,I0002809339,I0002809337,I00028... 2/22/2017 cel EnergysM PUBLIC SERVICE COMPANY January 22, 2024 Weld County Planning Services 1555 North 17th Avenue Greeley, CO 80631 Attn: Maxwell Nader Re: Pelican Lake Ranch, Case # PUDF24-0001 Right of Way & Permits 1123 West 3rd Avenue Denver, Colorado 80223 Telephone: 303.571.3306 Facsimile: 303.571.3284 Donna.L.George@xcelenergy.com Public Service Company of Colorado's (PSCo) Right of Way & Permits Referral Desk has determined there is a conflict with Pelican Lake Ranch. There does not appear to be any dry utility easements on this plat. To ensure that adequate utility easements are available within this development, PSCo requests that the following language or plat note be placed on the preliminary and final plats for the subdivision: Six-foot (6') wide dry utility easements are hereby dedicated on private property adjacent to the front lot lines of each lot in the subdivision or platted area. Ten -foot (1 0) dry wide utility easements are hereby granted around the perimeter of tracts, parcels and/or open space areas. These easements are dedicated to Weld County for the benefit of the applicable utility providers for the installation, maintenance, and replacement of electric, gas, television, cable, and telecommunications facilities (Dry Utilities). Utility easements shall also be granted within any access easements and private streets in the subdivision. Permanent structures, improvements, objects, buildings, wells, water meters and other objects that may interfere with the utility facilities or use thereof (Interfering Objects) shall not be permitted within said utility easements and the utility providers, as grantees, may remove any Interfering Objects at no cost to such grantees, including, without limitation, vegetation. Public Service Company of Colorado (PSCo) and its successors reserve the right to require additional easements and to require the property owner to grant PSCo an easement on its standard form. Public Service Company also requests that all utility easements be depicted graphically on the preliminary and final plats. While these easements should accommodate the majority of utilities to be installed in the subdivision, some additional easements may be required as planning and building progresses. The property owner/developer/contractor must complete the application process for any new electric service via xcelenergy.com/InstallAndConnect. It is then the responsibility of the developer to contact the Designer assigned to the project for approval of design details. If additional easements need to be acquired by separate PSCo document (i.e. transformer), a Right -of - Way Agent will need to be contacted by the Designer. Public Service Company has no objection to this proposed rezone, contingent upon PSCo's ability to maintain all existing rights and this amendment should not hinder our ability for future expansion, including all present and any future accommodations for natural gas transmission and electric transmission related facilities, and that our current use/enjoyment of the area would continue to be an accepted use on the property and that it be "grandfathered" into these changes. As a safety precaution, PSCo would like to remind the developer to contact Colorado 811 for utility locates prior to construction. Donna George Right of Way and Permits Public Service Company of Colorado dba Xcel Energy Office: 303-571-3306 — Email: Donna.L.George@xcelenergy.com Hello