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Home My WebLink About20203334.tiffEXHIBIT INVENTORY CONTROL SHEET CASE USR20-0020 - GUTTERSEN RANCHES, LLC, C/O COLORADO SAND COMPANY, LLC Tyler Exhibit Submitted By Lull Description Planning A. Commission Resolution of Recommendation Planning B. Commission Summary of Hearing (Minutes dated 10/20/2020) C. Planning Services PowerPoint Presentation Transfer of ownership from BNN Western, LLC, to Tallgrass Water Western, LLC, effective 09/01/2020 D. Planning Services (received 10/06/2020) Quit Claim Deeds dated 10/15/2020 (received E. Planning Services 10/21/2020) F. Applicant PowerPoint Presentation Referral from the Town of Keenseburg (received G. Planning Services 11/16/2020) H. J. K. L. M. N. O. P. Q. R. s. T. U. 2020-3334 ••:—_o 1 .•. Public hearings concerning this property will be heard before the County Planning Commission and Board of County Commissioners. Both hearings will be held at: WELD COUNTY ADMINISTRATION BUILDING 1150 "O" Street • Greeley, CO 80631 Planning Commission Hearing will be held on 0c3b2ert Zc) 2020 ; at: lZ: 3 v Board of County Commissioner Hearing will be held on tJOVk3EiC C 8 2026 ; at: O'dC) AM Applicant: C-+--Ur7-E'2SC lQ 2hti% � S Request: Request: A Site Specific Development Plan and Use by Special Review Permit for Open Mining and Processing of Minerals (Sand Mining and Processing Plant) in the A (Agricultural) Zoned District. (Keenesburg No. 2 Mine) Case Number: L1≤l2Lo_ooao Acres:_ e 7 � FOR FURTHER INFORMATION PLEASE CONTACT /1/1(6 W4 a C (--( OF <<AT THE WELD COUNTY DEPARTMENT PLANNING _ ext. � S`z SERVICES, AT 970-353 6100, For Additional Information unt planningcaSest°rg visit WWW.V1/e'IdCO y est including, s. ATTENTION: Proposed Conditions related to this Site SSpec icll Review Pernut request but not limited to, the number ofnumber of allowable vehicles vehicle ailowabl Specific Development Plan and Use trips are subject to change e employees, hours of operation, screening, Commissioners he 9 or removal at both the Planning Commission and hoard °f county y t C`i' Public hearings concerning this property will be heard before the County Planning Commission and Board of County Commissioners. Both hearings will be held at: WELD COUNTY ADMINISTRATION BUILDING 1150 "O" Street • Greeley, CO 80631 Planning Commission Hearing will be held on Qctocgi≥ 20 2021 :. ; at: it' 3d PAtil Board of County Commissioner Hearing will be held on )JOVE r3 tt £ e 2026 ; at: l Q,'Ocj AM Applicant: — 'nark SE A F -C E S Request: A Site Specific Development Plan and Use by Special Review Permit for Open Mining and Processing of Minerals (Sand Mining and Processing Plant) in the A (Agricultural) Zoned District. (Keenesburg No. 2 Mine) Case Number: USP-2 o- o o Acres: i / t FOR FURTHER INFORMATION PLEASE CONTACT Mt 6 114 a c CCAT THE WELD COUNTY DEPARTMENT OF PLANNING SERVICES. AT 970-353-6100' ext. 3S -z For Additional Information weldcoun#Yplann"ingeases.ar9 wrislt vvvvw 5tinelrrdlr'�' h'?T€otobi Proposed redrteor'sretaredtothisSite5 ecil�rl ve. ttte.,tplanandE;seby.spe'ca'RRev' permith dndv hrct, bit ntNliriailEd to, the op ,erofa;awa'le vehicles rujniber ofoHUtiy i abloom rdrt Walter rr�^rssi rshea'iMgs Iripsaresubjectroc.har, °gees, hours oforreration, screen C 41444 .117- • • 44er feT Public hearings concerning this property will be heard before the County Planning Commission and Board of County Commissioners. Both hearings will be held at: WELD COUNTY ADMINISTRATION BUILDING 1150 "O" Street • Greeley, CO 80631 Planning Commission Hearing will be held on cD c r0 IBS C 2 C.:120 26; at: \2- 3° rfttt Board of County Commissioner Hearing will be held on ;iover t [)E rt ( S 20 ao; at: l O 'c) c1 A AA Applicant: r ("se`s.► (WIC - E S Request: A Site Specific Development Plan and Use by Special Review Permit for Open Mining and Processing of Minerals (Sand Mining and Processing Plant) in the A (Agricultural) Zoned District. (Keenesburg No. 2 Mine) FOR FURTHER INFORMATION PLEASE CONTACT 16-"A 6 I- P"NAA-- AT THE WELD COUNTY DEPARTMENT OF PLANNING SERVICES, AT 970-353-6100, ext. 35R- e For Additional Information visit www.weidcountyplanningcases.arg ATTENTION: Proposed Conditions r ,!rd to this Site 5pecrkc Ds vt fopmtot Pion aid Use by Speci r ► *or tier r,rit reiquest HE -ducting belttimitea to the number QV. viable employees, hou;rsofoperation, screening, and number r' llowablevehrrtesand vehicle trips we sLd)eCt to rho ; or•movcaiorboth the Planning Curn mission and Boardof County onrnisivrFershearings. Northeast At CR 59 & CR 22 (section line) . ��'• 111 ad. 4ttn. e • �4. .yrM +11 -li . 7 TT • ' lit' • r . .4 i I' q •., / •, 4 � .�,,q� Ilk it i.I4 'ixI " • `III '� .�.. .. , . I f A :ate •. 4.i L. J . .si_ F:_ <. •r . 4'-- _'°.^"-# .!4 4... an `- • - .sItytE 11 34, RANCHES 44. Iasi' a anti • t -• . tip• r, a.. North At CR 59 & CR 22 (section line) Northeast in Pilot At CR 59 & CR 22 (section line) t - ti - 1 ►-. - r "-Stw •� _ -_� -' - S- -•• -�- "A a _ -'. 1 at- • -t'l. i. i ^ .A" --3- Northeast View into Pilot. ts RANCHES • • 'ri` • l .. •• lit + :1 • .1 • i • .:'.`....4-4.;‘• ti �Y. a T. ~)"f.,- ..y mil! r 1�ii I (I a rte_ y i'� a li ..T��? r+•'�i .� � y . `r< rr :.JZ'En r.N CIa J; • Private Road Restricted Access. Road To ndf�l �f.5 m�!� VIM WM Buitalo A�tlge La 4 105Al. Organics Fattier fl,dge w`ne 45 nits 0 CoprS EnergyK�e CU5lorners:and S+ pLiers'O?la7Rr v '41 F'• .sta i GA. rl n 4— i East At CR 59 & CR 22 (section line) ti- Cara • Southeast At CR 59 & CR 22 (section line) Net South At CR 59 & CR 22 (section line) it —c :P.- nee y _ -. • 0 r e > 11 Thita, -jot "bi Lacs_ V _, �tt am` a� o .}.. r I :, - T _ �- _;. • a z -C • • �• • . ^4 !. .:�• - fir's 1 • •P s• • `, te•«' j�:'��' Southwest At CR 59 & CR 22 (section line) West At CR 59 & CR 22 (section line) .2. 7' • i_ avir r • 1 I • • r i ..1'i Northwest At CR 59 & CR 22 (section line) tit a -a , North At CR 59 & CR 22 (section line) Beginning of unmaintained roadway 4 1 V Private Road Restricted Access Road To WM Buffalo Ridge Landfill 165, miles Al Organics Rattler Ridge .. e ;le s Coors EnergyKeenesburg Mine ..s* Custarner, and Suppliers WeI4 Res -1�5eby1��:�"�r,•,.rkla j: _4 rg Other A ,ctess t'icted .�.-.:,. V1 1'G. r .:, ..s.i��'rs rJ 1 -e •PipPi , �''y 2e. t1 O'" J Asia 1 -61 Pilot — DRMS notices At CR 59 & CR 22 (sectio East Off CR 59 — at processing plant location Southeast • ff CR 59 — at processing plant location West Off CR 59 — at processing plant location _ ti,\-,. - IL IA —" }-. .Y ti "."1 n1 ht- • Northwest Off CR 59 — at processing plant location North Off CR 59 — at processing plant location a 1. :, - w 74% ' Mk. Tx'. ' r?� a. 1 ti -rr .T {�•'!�� L� •. ; f • r wj.....00.41.• 7.: . A �"he f mil! q. y: `f. Z ,lx rM C 'K�, . .:1.,.. • • .Iia.. r ry s t ir — s l k ` ..•rye. • E sue. - reicts- ▪ s Northeast Off CR 59 — at processing plant location East - north property line Off CR 59 OE I _ - -. _ 4.2-ra -- - • Z., -. -.I Southeast .11 CR 59 — out in mine lands out in mine A-1 Organics Compressor Facility 6 85 • �r � � t.7.,_. • '� • 7 �] � :<� L �r.. ♦- ` , .fit - -_..'�A'{?'L 0 -''11 � it 'L LyH'{;,46 f• -'_PR ate• '1.� it • c i- 4 Ta - i A . 4.. tl <<idri .' e - 1 S r 3 46.6 o 1 Buffalo Ridge Landfill l "Ps 11. Wit C a S EXHIBIT .O Chloe Rempel u.S` %t o - CO t rom: ►ent: To: Cc: Subject: Attachments: Esther Gesick Tuesday, October 6, 2020 9:14 AM Mariah Higgins Chloe Rempel FW: Oil and Gas Company Name Change FILED DE amendment - BNN Western, LLC (Tallgrass Water Western, LLC).pdf; Tallgrass Water Western, LLC (fka BNN Western, LLC).pdf Sorry — here is Kim's original email with the attachments. Esther E. Gesick Clerk to the Board 1150 O Street/P.O. Box 758/Greeley, CO 80632 tel: (970) 400-4226 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. rom: Kim Ogle <kogle@weldgov.com> ent: Friday, October 2, 2020 10:48 AM To: Esther Gesick <egesick@weldgov.com>; Jessica Reid <jreid@weldgov.com>; Jan Warwick <jwarwick@weldgov.com>; Isabella Juanicorena <ijuanicorena@weldgov.com> Cc: Tom Parko Jr. <tparko@weldgov.com> Subject: FW: Oil and Gas Company Name Change Hello CTB ladies, Please find attached formal transfer of ownership from BNN Western LLC to Tallgrass Water Western, LLC for the County record The applicable cases are USR14-0087, USR20-0020 and USR20-0021 Thank you Kim Ogle Principal Planner Weld County Planning Services 1555 North 17`" Avenue Greeley, Colorado 80631 970.400.6100 Office 970.400.3549 Direct kogle@weldgov.com L'�•d J Confidentiality Notice This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited From. Schiffer, Krista <krista schiffer@tallgrassenergylp corn> Sent: Friday, October 2, 2020 10 18 AM To: Kim Ogle <kogle@weldgov corn> Cc Kim Ogle <kogle@weldgov corn> Subject. RE Oil and Gas Company Name Change 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 Good Morning Here are the applicable documents I also have bond riders as well if you need those Cjhank-you for the help on this) Krista Schiffer 370 Van Gordon Street I Lakewood, CO 80228 T 303 763 3197 M 720 402 6639 krista schiffer@tallgrassenergylp com TALLGRASSai WATER From. Kim Ogle <kogle@weldgov corn> Sent. Thursday, October 1, 2020 5 15 PM To. Schiffer, Krista <krista schiffer@tallgrassenergylp corn> Cc Kim Ogle <kogle@weldgov corn> Subject: EXTERNAL FW Oil and Gas Company Name Change EXTERNAL ` Crista Thank you for taking my telephone call this afternoon I located three files associated with BNN Western LLC, all are Saltwater Disposal Wells 2 The USR Maps are of record and are attached to this email Please submit documentation formally transitioning the ownership from BNN Western LLC to Tallgrass Water or one of their subsidiaries for the County record Questions, may be directed back to this office Thank you for your assistance Stay well Kim Ogle Principal Planner Weld County Planning Services 1555 North 17th Avenue Greeley, Colorado 80631 970 400 6100 Office 970 400 3549 Direct koele@weldgov corn Confidentiality Notice This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure If you have received this -communication in error, please immediately notify sender by return e-mail and destroy the communication Any disclosure, copying, distribution or ( )e taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited From: Dan Joseph <dloseph@weldgov com> Sent: Thursday, October 1, 2020 1 41 PM To. Tom Parko Jr <tparko@weldgov com> Cc. Kim Ogle <kogle@weldgov com> Subject. FW Oil and Gas Company Name Change Tom, Would something like this live with your team? Thanks, Dan From• Schiffer, Krista <krista schiffer@tallgrassenergylp com> Sent: Thursday, October 1, 2020 9 41 AM Co: Dan Joseph <dloseph@weldgov com> ubject. Oil and Gas Company Name Change 3 4 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 Good Morning If you could kindly point me in the right direction — our company BNN Water Solutions has changed it's name to align with our parent company Tallgrass Energy I need to see what to provide for Weld County to remain in compliance The assets involved are three saltwater disposal wells that we have inspected quarterly Thank -you in advance for your assistance, have a great days Krista Schiffer 370 Van Gordon Street I Lakewood, CO 80228 M 720 402 6639 knsta schiffer@tallgrassenergylp corn TALLGRASS6 WATER O 4 The First State I, JEFFREY W BULLOCK, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT COPY OF THE CERTIFICATE OF AMENDMENT OF "BNN WESTERN, LLC", CHANGING ITS NAME FROM "BNN WESTERN, LLC" TO "TALLGRASS WATER WESTERN, LLC", FILED IN THIS OFFICE ON THE TWENTY-FIFTH DAY OF AUGUST, A D 2020, AT 3 54 O'CLOCK P M AND I DO HEREBY FURTHER CERTIFY THAT THE EFFECTIVE DATE OF THE AFORESAID CERTIFICATE OF AMENDMENT IS THE FIRST DAY OF SEPTEMBER, A D 2020 AT 12 01 O'CLOCK A M 5900969 8100 SR# 20206931316 You may verify this certificate online at corp delaware gov/authver shtml Page 1 Authentication 203538835 Date 08-26-20 State of Delainare Secretan of State Dnision of Corporations Dells ered 03,54 PM 08/25/2020 FILED 03 54 PM 08/25/2020 3R 20206931316 - FileNumbet 5900969 CERTIFICATE OF AMENDMENT TO CERTIFICATE OF FORMATION OF BNN WESTERN, LLC The undersigned, desiring to amend the Certificate of Formation of BNN Western, LLC (the "Company") pursuant to the provisions of Section 18-202 of the Delaware Limited Liability Act for the purpose of changing the name of the Company, does hereby certify as follows FIRST The name of the Company is ANN Western, LLC SECOND' Paragraph 1 of the Certificate of Formation of the Company is hereby amended by deleting the existing Paragraph 1 in its entirety and inserting the following Paiagiaph 1 in place thereof "1 The name of the limited liability company is I allgrass Water Western, LLC" 'I HIRD 'I he future effective date and time of this Certificate of Amendment is September 1, 2020 at 12 01 a m Eastern Time IN WITNESS WHEREOF, this Certificate of Amendment has been executed on behalf of the Company as of August 25, 2020 BNN WESTERN, LLC By:Name Michael Michael Callahan Title. Executive Vice President and General Counsel ` =orm `F '!r Rev October2018) )epartment of the Treasury ntemal Revenue Service Request for Taxpayer Identification Number and Certification 6, Go to www irs gov/FormW9 for instructions and the latest Information Give Form to the requester Do not send to the IRS I Print or type See Specific Instructions on page 3 1 Name (as shown on your income tax return) Name is required on this line do not leave this line blank New TEP, LP 2 Business name/disregarded entity name if different from above Tallgrass Water Western, LLC (f/k/a BNN Western, LLC) 3 Check appropnate box for federal tax classification of the person whose name is entered on line 1 Check only one of the following seven boxes 4 Exemptions certain entities, instructions Exempt payee Exemption code (if any) pppfo, to accounts (codes apply only to not Individuals, see on page 3) code (it any) IndividuaVsole proprietor or El C Corporation • S Corporation 19 Partnership U Trust/estate single member LLC company Enter the tax classification (C=C corporation S=S corporation P=Partnership) the appropnate box in the line above for the tax classification of the single -member owner is classified as a single -member LLC that is disregarded from the owner unless the owner that Is not disregarded from the owner for U S federal tax purposes Otherwise, a single from the owner should check the appropriate box for the tax classification of Its owner ► ii - Limited liability from FATCA reporting Note Check LLC if the LLC another LLC ` Is disregarded Do not check of the LLC is -member LLC that nuntoned °LMLO• tee U S) IIII Other (see instructions) 5 Address (number street, and apt or suite no ) See instructions 4200 W 115th Street, Suite 350 Requester's name and address (optional) 6 City state, and ZIP code Leawood, KS 66211-2609 7 List account number(s) here (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropnate box The TIN provided must match the name given on line 1 to avoid backup withholding For individuals, this is generally your social security number (SSN) However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later For other entities, it is your employer identification number (EIN) If you do not have a number, see How to get a TIN, later Note If the account is in more than one name, see the instructions for line 1 Also see What Name and Number To Give the Requester for guidelines on whose number to enter Social security number or Employer Identification number 4 6 1 9 7 2 9 4 1 Certification Under penalties of perjury, I certify that 1 The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be Issued to me), and 2 I am not subject to backup withholding because (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding and 3 I am a U S citizen or other U S person (defined below), and 4 The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct Certification Instructions You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return For real estate transactions, Item 2 does not apply For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an Individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN See the instructions for Part II, later Sign Here Signature of U S person " f ?) Of: General Instruction Section references are to the Internal Revenue Code unless otherwise noted Future developments For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www irs gov/FormW9 Purpose of Form An individual or entity (Form W-9 requester) who is required to file an Information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return Examples of information returns include, but are not limited to, the following • Form 1099-INT (interest earned or paid) Dated 1' D • Form 1099-DIV (dividends, Including those from stocks or mutual funds) o Form 1099-MISC (various types of income, prizes awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage Interest), 1098-E (student loan Interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only If you are a U S person (Including a resident alien), to provide your correct TIN If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding See What Is backup withholding, later Cat No 10231X Form W-9 (Rev 10 2018) 4642352 10/21/2020 08:04 AM Total Pages: 4 Rec Fee: $28.00 Carly Koppes - Clerk and Recorder, Weld County, CO EXHIBIT b u& -aa -.co QUIT CLAIM DEED (Statutory Form. C.R.S. § 38-30-116) GUTTERSEN RANCHES, LLC. a Colorado limited liability company ("Grantor"), whose address is PO Box 337090, Greeley, Colorado 80633 for good and valuable consideration, the adequacy, sufficiency and receipt of which is hereby acknowledged. hereby quit claims to GUTTERSEN RANCHES, LLC, a Colorado limited liability company ( `Grantee"), whose address is PO Box 337090, Greeley, Colorado 80633, the following real property (`Property") located in Weld County, Colorado, specifically described as follows: All of Section Twelve (12), Township Two North (T.2N), Range Sixty -Four West (R.64VV) of the Sixth Principal Meridian (6th P.M.), County of Weld. State of Colorado EXCEPT FOR THE LAND CONVEYED IN THE CORRECTIVE QUITCLAIM DEED RECORDED OCTOBER 20, 2020 AS DOCUMENT # 4642317. The metes and bounds legal description of the Property being conveyed by this deed is set forth on Exhibit A-1 attached hereto and incorporated herein by this reference. and is depicted as Lot 1 on Exhibit A-2 attached hereto and incorporated herein by this reference. With all its appurtenances. Done this 15thi day of October, 2020. SIGNATURE PAGE TO FOLLOW 4642352 10/21/2020 08 04 AM Page 2 of 4 SIGNATURE PAGE TO QUIT CLAIM DEED GRANTOR GUTTERSEN RANCHES, LLC By e Gursen, Manager STATE OF COLORADO COUNTY OF WELD ss The foregoing instrument was acknowledged before me this 15 day of 0 CA-Motie . 2020, by Mike Guttersen as Manager of Guttersen Ranches, LLC My commission expires a 1 i'24 O ss my hand and official seal ublic dress LINDSAY YEATER NOTARY PUBLIC - STATE OF COLORADO NOTARY ID 20164034676 MY COMMISSION EXPIRES SEP B, 2024 4642352 10/21/2020 08 04 AM Page 3 of 4 0 O EXHIBIT A -1 LEGAL DESCRIPTION LOT 1— 317.98 ACRES Being all that certain 317 98 acre tract of land located in Section 12, Township 2 North, Range 64 West, 6t' P M , Weld County, Colorado, being all of the north half of said Section 12, and a portion of the south half of section 12, and being more particularly described by metes and bounds as follows BEGINNING at a #6 rebar with 2 5" Aluminum Cap stamped "PLS 19585 1994" found at the northwest section corner of said section 12, Thence N 89°17'10" E, along the north section line of Section 12, a distance of 2598 89 feet to a #6 rebar with 3 25" aluminum cap stamped "PLS 27269 2002" found at the north 1/2 corner of said section 12, Thence N 89°17'04" E, continuing along the north section line of said Section 12, a distance of 2598 91 feet to a #6 rebar with 3 25" aluminum cap stamped "PLS 27269 2002" found at the northeast section corner of said Section 12, Thence S 00°55'32" E, along the east line of said Section 12, a distance of 2642 34 feet to a #6 rebar with 3 25" aluminum cap stamped "PLS 27269 2002" found at the east % corner of said Section 12, Thence S 89°19'50" W, along the center section line of said Section 12, a distance of 1372 70 feet to a #5 rebar with plastic cap stamped "Ascent 38389" set for corner, Thence S 00°00'00" E departing the centerline of said Section 12, over and across the south half of said Section 12, a distance of 6 24 feet to a #5 rebar with plastic cap stamped "Ascent 38389" set for corner, Thence S 88°53'37" W, continuing over and across the south half of said Section 12, a distance of 3772 14 feet to a #5 rebar with plastic cap stamped "Ascent 38389" set for corner, Thence N 00°00'00" E, continuing over and across the south half of said Section 12, a distance of 35 00 feet to a #5 rebar with plastic cap stamped "Ascent 38389" set for corner in the centerline of said Section 12, Thence S 89°19'50" W, along the center section line of said Section 12, a distance of 9141 feet to a #6 rebar with 2 5" Aluminum Cap stamped "PLS 19585 1994" found for the west % corner of said Section 12, Thence N 00°06'02" W, along the west section line of said Section 12, a distance of 2638 35 feet to the POINT OF BEGINNING and containing 317 98 acres, more or less The bearings described herein are based on the North line of Section 12 between the NW and N-1/4, , were derived by GPS observation and referenced to the Colorado State Plane Coordinate System, Central Zone 503, NAD83 (2011 Adi) Casey Wayne Faircloth, PLS 38389 Colorado Licensed Professional Land Surveyor For and on behalf of P F S , LLC 4642352 10/21/2020 08 04 AM Page 4 of 4 o EXHIBIT A-2 DEPICTION 0 NW COR SEC 12 2.5' ALUMINUM CAP MARKED "PLS 19585 1994" gi CO M a) in N 0 CO P 0 O z co 0 0 z n co in CO N89'17'10"E 2598 89' LOT 1 Lying in Section 12 Weld County, Colorado N1/4 COR SEC 12 3 25" ALUMINUM CAP MARKED "PLS 27269 2002° N8917'04"E 2598 91' SET #5 REBAR WITH PLASTIC CAP STAMPED "ASCENT 38389" N00'00'00'E 35 00' S88'53'37"W 3772.14' SET #5 REBAR WITH S8919'50"W `PLASTIC CAP STAMPED 91 41' "ASCENT 38389" W1/4 COR 12 DETAIL 'A" SEC SCALE 1•-200FT S8919'50"W 91 41' NO0'00'00"E 35 00' co M N CO P 0 z NE COR SEC 12 3 25" ALUMINUM CAP MARKED °PLS 27269 2002" LOT 1 317 98 ACRES SEC 12 T2N, R64W 6TH P.M. S8919'50"W 1372 70'-\ SEE DETAIL A SBB'53'37'W 377214' S00'00'00'E 6 24' E1/4 COR SEC 12 3 25" ALUMINUM CAP MARKED "PLS 27269 2002" W1/4 COR SEC 12 3 25' ALUMINUM CAP MARKED "PLS 27269 2002" S1/4 COR SEC 12 2.5" ALUMINUM CAP _ MARKED "PLS 20680" SW COR SEC 12 3 25" ALUMINUM CAP MARKED °PLS 27269 2002" BEE DETALL B SET #5 REBAR WITH PLASTIC CAP STAMPED "ASCENT 38389" SO0'00'00"E 6.24' _ 7.- S88'53'37"W 3772.14' DETAIL 'B' SCALE 11"-5D' S8919'50'W 1372 70' SET #5 REBAR WITH PLASTIC CAP STAMPED ASCENT 38389" 1000' S89'22'30"W 2637 00' 2000' GRAPHIC SCALE 1" = 1000' S89'22'30"W 2637 00' SE COR SEC 12 3 25° ALUMINUM CAP MARKED "PLS 27269 2002" N CO CO N w M 1n to 0 N 1,1 N CO N w N So b 0 cn NOTE. THIS IS NOT A MONUMENTED SURVEY IT IS INTENDED ONLY TO BE A GRAPHIC DEPICTION OF THE ATTACHED DESCRIPTION q 8520 Wolf Court Westminster, CO 80031 (303) 928-7128 EXHIBIT "A" LOT 1 File Name FHU_B170001—TE-5 Project No STUM240-165 Print Date 10-19-20201 Sheet 2 of 2 4642317 10/20/2020 04 28 PM Total Pages 4 Rec Fee $28 00 Carly Koppes - Clerk and Recorder, Weld County, CO o CORRECTIVE QUIT CLAIM DEED (Statutory Form, C R S § 38-30-116) GUTTERSEN RANCHES, LLC, a Colorado limited liability company (Grantor), whose address is PO Box 337090, Greeley, Colorado 80633 for good and valuable consideration, the adequacy, sufficiency and receipt of which is hereby acknowledged, hereby quit claims to GUTTERSEN RANCHES, LLC, a Colorado limited liability company (Grantee), whose address is PO Box 337090, Greeley, Colorado 80633 , the following real property located in Weld County, Colorado, specifically described as set forth on Exhibit A-1 attached hereto and incorporated herein by this referenced, and as depicted as Lot 2 on Exhibit A-2 attached hereto and incorporated herein by this reference O This instrument is given for the sole purpose of correcting that certain Quit Claim Deed recorded July 16, 2020 as Document #4609484 ("Original Deed"), which instrument contained an incorrect legal description It is the intention of the parties that this Correction Deed relate back to and take full effect as of the date of the Original Deed being corrected herein With all its appurtenances Done this 15th day of October, 2020 SIGNATURE PAGE TO FOLLOW 4642317 10/20/2020 04 28 PM Page 2 of 4 SIGNATURE PAGE TO CORRECTIVE QUIT CLAIM DEED GRANTOR GUTTERSEN RANCHES, LLC By Mike Guttersen, Manager STATE OF COLORADO ) ) ss COUNTY OF WELD ) The foregoing instrument was acknowledged before me this day of Q .lQ-- 2020, by Mike Guttersen as Manager of Guttersen Ranches, LLC My commission expires X1) b12.4 O W n•s m han official seal N • a , ublic Adss I LINDSAY YEATER 1 I NOTARY PUBLIC - STATE OF COLORADO 1 I NOTARY ID 20164034676 I MY COMMISSION EXPIRES SEP 8, 2024 4642317 10/20/2020 04 28 PM Page 3 of 4 EXHIBIT A-1 LEGAL DESCRIPTION LOT 2 — 316.70 ACRES Being all that certain 316 70 acre tract of land located in Section 12, Township 2 North, Range 64 West, 6th P M Weld County, Colorado, being out of and a part of the south half of said Section 12, and being more particularly described by metes and bounds as follows BEGINNING at a #6 rebar with 3 25" aluminum cap stamped "PLS 27269 2002" found at the east 1/4 corner of said Section 12, Thence S 00°55'42" E, along the east section line of Section 12, a distance of 264213 feet to a point for the southeast section corner of said section 12, from which a #6 rebar with 3 25" aluminum cap stamped "PLS 27269 2002" found bears N Od 22' E 15 47', Thence S 89°22'30" W, along the south section line of said Section 12, a distance of 2637 00 feet to a #6 rebar with 2 5" aluminum cap stamped "PLS 20680 2019" found at the south 'A corner of said Section 12, Thence S 89°22'30" W, continuing along the south line of said Section 12, a distance of 2637 00 feet to a #6 rebar with 3 25" aluminum cap stamped "PLS 27269 2002" found at the southwest section corner of said Section 12, Thence N 00°05'58" W, along the west line of said Section 12, a distance of 263814 feet to a #6 rebar with 2 5" Aluminum Cap stamped "PLS 19585 1994" found at the west 1/4 corner of said Section 12, Thence N 89°19'50" E, along the center section line of said section 12, a distance of 9141 feet to a #5 rebar with plastic cap stamped "Ascent 38389" set for corner, Thence S 00°00'00" E departing the centerline of said Section 12, over and across the south half of said Section 12 a distance of 35 00 feet to a #5 rebar with plastic cap stamped "Ascent 38389" set for corner, Thence N 88°53'37" E continuing over and across the south half of said Section 12, a distance of 3772 14 feet to a #5 rebar with plastic cap stamped "Ascent 38389" set for corner, Thence N 00°00'00" E continuing over and across the south half of said Section 12, a distance of 6 24 feet to a #5 rebar with plastic cap stamped "Ascent 38389" set for corner in the center section line of said Section 12, Thence N 89°19'50" E, along the center section line of said Section 12, a distance of 1372 70 feet to the POINT OF BEGINNING and containing 316 70 acres, more or less The bearings described herein are based on the North line of Section 12 between the NW and N-1/4, , were derived by GPS observation and referenced to the Colorado State Plane Coordinate System, Central Zone 503, NAD83 (2011 Adi) /Casey Wayne Faircloth, PLS 38389 Colorado Licensed Professional Land Surveyor For and on behalf of P F 5 , LLC O7 4642317 10/20/2020 04 28 PM Page 4 of 4 O EXHIBITA-2 DEPICTION 0 NW COR. SEC 12 2.5" ALUMINUM CAP MARKED "PLS 19585 1994" ei- N NOOro6'02"W N89'17'10"E 2598 89' LOT 2 Lying in the S1/2 Of section 12 Weld County, Colorado N1/4 COR SEC 12 3 25" ALUMINUM CAP / MARKED "PLS 27269 2002" N8917'04"E 2598 91' m In W1/4 COR SEC 12 1 SET #5 REBAR WITH PLASTIC CAP STAMPED "ASCENT 38369" S00'00'00"E 35 OD' N88'53'37"E 377214' SET #5 REBAR WMTH LASTIC CAP STAMPED M N89'19'50"E ASCENT 38389' N 91 41' DETAIL 'A' SCALE 1%200FT N8919'50"E 500'00'00'E NE COR. SEC 12 3 25" ALUMINUM CAP MARKED "PLS 27269 2002" SEC 12 9141' T2N, R64W 6TH P M. 35 00' N88'53'37"E SEE DETAIL A W1/4 CUR SEC 12 3 25" ALUMINUM CAP MARKED 'PLS 27269 2002" LOT 2 316 70 ACRES S1/4 COR SEC 12 2.5' ALUMINUM CAP MARKED "PLS 20680" SW COR SEC 12 325" ALUMINUM CAP 7 MARKED "PLS 27269 2002" S89'22'30"W 2837 00' 1000' 2000' GRAPHIC SCALE 1" = 1000' 377214' NO0'00'00"E 6 24' -SEE DETAIL B E1/4 COR SEC 12 3 25' ALUMINUM CAP MARKED "PLS 27269 2002" N8919'50"E 1372 70' - SET #5 REBAR WITH PLASTIC CAP STAMPED "ASCENT 38389" NO0'00'00"E 6 24' N88'53'37"E 377214' DETAL SCALE 1'-50' N8919'50"E 1372 70' SET #5 REBAR WITH PLASTIC CAP STAMPED 'ASCENT 38389' S89'22'30"W 2637 00' SE COR SEC 12 3 25" ALUMINUM CAP MARKED "PLS 27269 2002' M C w in I NOTE. THIS IS NOT A MONUMENTED SURVEY IT IS INTENDED ONLY TO BE A GRAPHIC DEPICTION OF THE ATTACHED DESCRIPTION e 862D Wolff Court 303)928-7128080031 EXHIBIT "A" LOT 2 File Name. FHU_8170001—TE-5 Project No STUM240-165 Print Date 10-19-2020 I Sheet 2 of 2 EXHIBIT 1 F uszao - coao OLORADO SAND COMPANY OVERV WELD COUNTY I NOVEMBER 2020 PRESENTERS David Patterson ''Co -President, CSC 'Address: 2001 Kirby Drive, Houston, TX, 77019 Tim McCarthy "Owner, Schedio Group Address: 808 9th St ste a, Greeley, CO 80631 Scott Jinks "Chief Operating Officer, CSC V Address: 418 Co Rd 347, Jackson, MO 63755 "Joe Henderson "Sustainable Traffic Solutions Address: Westminster, CO, 80234 2 COLORADO SAND COMPANY & PARENT COMPANY PRIVATELY OWNED & OPERATED WITH 45+ YEARS SAND, MINING & AGGREGATES EXPERTISE 7Capital Sand Inc. was founded in 1973. TPA trusted sand mining company in the Midwest. TCommitted to the highest level of production quality, customer service & safety standards. S+� 71 of 50 operating companies with 3,000 employees vertically integrated in sand, mining, limestone quarries, ready -mix concrete, asphalt & logistics. t aati,ilgrialS 431! -1S to ID Tn, W _oh 1r CSC EXISTING FRAC OPE Permian 3M tons per year production Located on 1-20 service road, Monahans, TX, with quick access to Midland and Delaware basins 76 truck loadouts, 50k tons dry storage Northwestern Shelf Bane Spring & Delaware Wolfcarnp (Delaware) Mow 385 Wolfberry Central Basin Platform 302 V Cline Shale CAPITAL_ SMI ND PE RNA AN Wolfcamp (Midland) Ozona Arch I-410 crd 1-/U ATIONS Marcellus — Hainesville - Eagle Ford • 3.5M tons per year production • 7 strategic barge -fed terminals • >100M tons quantifiable reserves Northern White, St. Peters Formation BE[LAIRE, OH 15,0D Tons, 2 Loedouts FarestCi' y Ercmin te, Cherui; e °'attain - Atka r;a Bin 1r Nacoloches a Victoria nt Arafbris Pd” HANNIBAL, OH S1SE 5,000 Tons AGLIissl!ILITT Access: Route ►, 536, 18, 20 Mine Location i V28 d Pldge flask; A. MOKEES ROCKS, PA STORAGE 1,500 Tans ACtlitldtlTY Access; I -2X9, I-19, 1519 Industry M uippa Wellcvillc, IcKees Rocks Yarkvi Ilej Hannibal_ 4 lame r rkershur etta arkershurg MAN' El 14 OH 13.000 icrs 50 HANNA, LA 25,900 Tuns VICTORIA, Tx alit ) Frame - 3),000 Tens ARUSSIBILI1T Hwy 59 THE DJ IS THE ONLY BASIN WITHOUT LOCAL SAND CSC - WELL LOCATED W CUSTOMER ACREAGE THIN COLORADO CSC's Proposed is approximately 2.5 miles north of town of Keenesburg, CO, on CR 59 Di Basin Net Acreage Larin.er c alit Boul�d.� it _ fir let . 4 Bk aomflel d% Jefferson. Denver it Douglas ' citlert: 41` at I Kimball ant Site Arapahoe e, ii Margin I a I a t r top Extraction SRC Energ MI Pacific Egy PDC Energy &mann Creek Hit Whiting Noble Anadarko EOG CoranaPhillips ACurrerit Fulle-time Rig, Locations 6 PLANT LOCATION RELATIVE TO NEARBY HISTORICAL RIG ACTIVITY Well located near historical oil and gas rig activity 7•%14 rigs within 20mi radius (*data pre-Covid), = approx 75% of total DJ activity 'Cl 1:06;... s.w tti 1# /pr: ! Fort Col in's 'Lover arid (ii Longmont -.WindsorA Johns tovo n Qteefey Mil liken A Iattevilie 20 mi radius *plautr$ite F IIII I� f� Fir^"tone A Fre erick ;6 [Iacono.. r1141P.1O1 Broomfield; Wesha ster f , Arvada,_: Thornton a N Aurora Bennett PAMPA Strasburct Thrat- yers 7 PILOT PLANT DEPLOYED TO TEST THE SAN PERFORMANCE IN Q3 2019-Q1 202 Site located ~1.5m south of proposed Permanent Plant location PILOT PLANT WAS SUCCESSFUL 7 Pilot plant ran from Q3 2019 through 01 2020 Five DJ operators pumped sand into multiple Test Wells 7 All operators who tested the sand report that the sand is performing on par with traditional northern white sand Pilot plant was a success across all metrics PROPOSED PERMANENT PLANT LAYOUT a 3 EJ� /PASTE •n vwtnr wr7Gfl311 afactul at SIPlwi I MAY Fwti IG: ♦:1119 u.��, tt• ICi&'=Gti r artr Y 7s£1 L~�Yt �L` �ti r!i-.3ti _•-tirr��+.4ti •r4��ti�..d NORTH I-i'AU- ANDA PORTION OF THE SOUTH HALF $12r -T211 -R111 -VV 5x F. r%r RRnI .:fiis '7.71.7:7 rt FORUM OF 711E SOUTH HALF 512-T2hl-R54W NOT A PM?F OF PSERi ltr MLA) FIGURE D-1 Keenesburg, approx 3 mi .,;TT•iif SF PAN EMLE LW vnictni alai* EX EAIO IC.ir®IB Nat MINING SEQUENCE nn rIM tra INaIAL i179W , ;. ,• 'FEAR e ll+'��'r rl r'r rialltR i PA IVA 8 TEAR r jj 'TEAR 10 /�f Fri TrAYR3 Y �'1 ,6VI11 • W*yF LR-4'FEARi i YEAH 2 PE.AR$ ❑ VEAR 19 "EARLS TEM POR***IY AINNG OEFEUIlAL Zen& TtdG�ir1 Pilhltea*AW - __ — nm..F ❑ 0/PCRORYIAFINQ CEFERAAL 2 NSE - TLA7e7..2 ❑ UNDISTURMEOAREA I [DGIIaLIANACIIMINT IC NE- MO emmatain IPECKCTQC3 1E11 n2/2019 LINE LEGEND PERMIT S349RY - - - - A.R€A SECTIbwUNE — •- - MIGMTGiWIIYiINE. -------- 'WE1L NDt FENCE —•-----•—• —•T--a —•—•—•,--•—•—..— -•- EASEMENT LINI: b4i FMIWsEUttla ek: UNCERCROUA4DCAS UNDEROMOLAC 1F_LER IORE UPNERGIROtsc CI L n MAJOR CONTOUR NMNORceNTCUR EaasnPO ASPHALT V9$TIIIK GRAVE ti 'GENERA_ CIRECTION •OFAANANCE SYMBOL LEGEND A COWTRCL ro NT ® Fauaa IntorERIY1AONulserr 4 FOUND SECTION CVRMEF CL-€;TRIIA& METF1 I;u) 'misc. w'nHOLE eWATER vh~sLw E ELECIlalcrll. FEoesTfl .. UrlLll•Y PULE T glory b WATt R SPratT COLORADO SPI O CDUP.PNV LLC I(Er1ESDU GICI.2NNE MIME P.AM 1fI ar aCL 191901 PROPOSED PERMANENT PLANT LAYOUT - DETAIL IAN CDR Si.T2N.RMW FOUND 2rAILMI'1UNIPIPP y. MTN 325' ALUMINUM CAF E. LS 2279 -1 wyr Z; f I 1 r OLAiE ENEH2Y FIELD SERVICES. LP f� XI ROADWAYEASEMENT f. REG. 110.2IxT'6ONS I 4 SPEED HUMP a; /I :^ WASTE MANAGEMENT CORP 1 CR CIS—GUNSLINGE WITH CRAM E PLASTIC CAP I lY` 1 � � I COORS ENEPOY OCMPAf'IY R5'PIFELI 11E EAO1ME�iT I. FMC. NO. 1_90.717 I 1 WASTE SERVICES COMPANY I . VARIABLE WIOTFI INORESWEBRIFES ACCESS EASE DAT I REC. NO. ZZ*33ZZ7 ,J 4 1 I Il PERMIT AREA BOUNDARY BARK 15 MRE FENCE METAL FENCE METAL FENCE ' , BARBED WIRE FENCE SCALES/LOADOUT HOUSE FIGURE D-2 - AIR _ >" COMPRESSOR tar • , MOBILE '' EQUIPMENT SHOP DIESEL EXHAUST FLUID TANK 1215 DI ESEL TANK (AST) LOBE STATION IBAG HOUSES ti C' f DRYER PARKING AREA UM1�ITSITS �l EMPLOYEE BREAKROQM QUALITY CONTROL LAB -, ;SUPERVISOR. OFFI CE MINE OFFICE PARKING ' AREA SURGE S ILOS EXEAIO 4 W I1 f I O PI8CE.N WIANA121lJIN' oat NCI M: ZDIFL SIC ttPWALMINICi 1i„l22f201D LINELEGEND PEWIT AREA SNORT SECT 14N LIME RIQIfT Rtr 1VAY SINE WETLANDS FUME EASEMENT LINE O ERp1EADELECTRIC UNDERGROU'IDGA5 OhILIERDIROUNEI TEL IIPHLYLE UNDERGNOLAVD OI L MAJOR CONTOUR MINOR CONTOUR EJLISTIN S ASPHALT FJR1STIPC GRAM PARK No COUNT SYMBOL LEGEND A OMITROL POINT 0 FULJND PROP RTY IAOHULENT FOUND 5EGTION COMM 0 ELEoTRI&AL A IEN. 0 MSC. MAN KDLE e OCAS MARKER. e UMTFR MARKER E ELFCIRCA*.PF TAL et): VTI LI TY POLE SIGN 15 WATER SPIGOT w TIRE COLORADO SAND COWAN LLC KEENESSURG NO. a MINE PROGMS PLANT &FACILITIES LAYOUT PADhar h0 1Ai©C1 rEURE PC. 2 TRAFFIC VOLUMES CIRCA THE INTERSECTION A Traffic Study was conducted by Sustainable Traffic Solutions on Sept 28, 2020 WCR 59 South of Waste Management Access • 866 vehicles on September 10, 2019 • 631 vehicles (average) from September 15 to 17, 2020 • 1,044 trips would be generated by CSC when fully developed Peak Hour Volumes at Market Street / WCR 18 September 2020 Level of Service = A Year 2040 Level of Service = A PROPOSED PERMANENT PLANT BENEFITS TO WELD COUNTY AND INDUSTRY 7 Create approximately 100 jobs in Weld County, for >15 yrs, in a large, multi -state diversified company offering upward mobility 7 Reduce cost of sand for DJ operators by >30%, and increase reliability of supply • All sand currently used by DJ operators is sourced from >1,000 mi, via rail • Sand is the third largest cost drivers in a frac • 50k tons of onsite finished product storage (current in -basin storage �10k tons) Position DJ operators to better compete with peers • And increase RBI of DJ assets for companies who can choose where in their portfolio to spend capital (Chevron, PDCE, Oxy) 14 QUESTIONS Submit by Email Weld County Referral August 19, 2020 The Weld County Department of Planning Services has received the following item for review: Applicant: Guttersen Ranches, LLC Case Number: USR20-0020 Please Reply By: September 16, 2020 Planner: Michael Hall Project: A Site Specific Development Plan and Use by Special Review Permit for Open Mining and Processing of Minerals (Sand Mining and Processing Plant) in the A (Agricultural) Zoned District. (Keenesburg No. 2 Mine). Proposed Sand Mine to be located in Sections 1 & 12 T2N R64W and Sections 5, 6 & 7 T2N R63W Location: EAST OF AND ADJACENT TO CR 59; NORTH OF AND ADJACENT TO CR 22 SECTION LINE ROW Parcel Number: 130307000002-R5051686 Legal: ALL SECTION 7, T2N, R63W OF THE 6TH P.M., WELD COUNTY, COLORADO. Parcel Number: 130306000001-R5051386 WELD COUNTY, COLORADO. Parcel Number: 130512000004-R5071286 WELD COUNTY. COLORADO. Parcel Number: 130501000005-R5066186 WELD COUNTY. COLORADO. Parcel Number: 130305000004-R5051086 WELD COUNTY, COLORADO. Legal: ALL SECTION 6, T2N, R63W OF THE 6TH P.M., Legal: ALL SECTION 12, T2N, R64W OF THE 6TH P.M Legal: ALL SECTION 1, T2N, R64W OF THE 6TH P.M., Legal: ALL SECTION 5, T2N, R63W OF THE 6TH P.M., 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. Debra Chumley 11/16/2020 Signature Date Agency Town of Keenesburg Weld County Planning Dept. 1555 N 17th Ave, Greeley, CO. 80631 (970) 400-6100 (970) 304-6498 fax U, S EXHIBIT G uSRaO - cc Dp TOWN OF KEENESBURG FOUNDED JULY, 1906 A MUNICIPAL CORPORATION SINCE JULY, 1919 November 16, 2020 Weld County Planning Department Greeley, CO RE: USR20-0020 To whom It may Concern: We have met with representatives of Colorado Sand, LLC and they have provided the Town of Keenesburg with a traffic study. We are in the process of having this traffic study reviewed and ask that Weld County make it a condition of approval that Colorado Sand, LLC enter into a road maintenance agreement for all roadways within the the Town of Keenesburg that will be utilized for this operation. Thank you for your consideration. Debra Chumley, TowManager 91 WEST BROADWAY AVEUNUE, KEENESBURG, COLORADO 80643 PHONE 303-732-4281 FAX 303-732-0599 Hello