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Home My WebLink About20190072EXHIBIT INVENTORY CONTROL SHEET Case USR18-0077 — CHEYENNE CONNECTOR, LLC Tyler Exhibit Page # Submitted By A. B. C. Planning Commission Description Resolution of Recommendation Planning Commission Summary of Hearing (Minutes dated 11/06/2018) 3-10 Planning Services PowerPoint Presentation D. 11-13 Ron and Marsha Baker Letter of Opposition (received 12/11/2018) E. 14-17 Marilyn Drake Copy of Opposition Testimony, Map of County and Tallgrass (received 12/11/2018) Copy of Opposition Testimony, Pipeline Cost Breakdown, Crop Quest Satellite Imagery (received 12/11/2018) PowerPoint Presentation (received 12/12/2018) F. 18-22 Marvin Bay G. 23-45 Applicant H. 46 Tom Karlberg Letter of Concern (received 12/12/2018) Email with Comments on behalf of Larimer and Weld Irrigation Company, and Owl Creek Supply and Irrigating Company (received 12/12/2018) I. 47-48 Ryan Donovan J. 49-50 Gerald and Janet Roth Letter of Concern (received 12/12/2018) K. 51-52 George Tateyama Letter of Concern (dated 11/19/2018) L. 53-54 Maria Petrocco Letter of Opposition (dated 12/19/2018) Letter of Concern and Attachment (dated M. 55-59 Maria Petrocco 01/07/2019) N. 60 Leslie Peterson Letter of Concern (dated 02/11/2019) O. 61 Ed and Jan Schmidt Letter of Concern (dated 02/19/2019) Email & Letters of Concern (received P. 62-70 Ron and Marsha Baker 02/28/2019) Q. 71-74 Janet Frazier R. 75 Ed and Dru Mark S. 76-81 George Tateyama Letter with COA and DS suggestions T. 82 Leslie and Joan Peterson (dated 03/14/2019) Letter of Concern (received 03/18/2019) Letter of Concern (received 03/19/2019) Email of Concern, with attachments (received 03/19/2019) U. 83 Shawn Bates Continuance Request Letter (received 03/21/2019) 2019-0072 Tyler Exhibit Page # Submitted B V. 84 Larry Lang W. 85 Darryl and Sue Woods Marilyn Bay Drake on behalf of father, Marvin X. 86-91 Bay Description Email of concern (dated 03/23/2019) Email of concern (dated 03/24/2019) Email with attachments of concern (dated 03/25/2019) Y. 92-93 Larry and Michelle Ehrlich Z. 94-95 Planning Services AA. 96 Paula and Barry Johnson AB. Email of concern (dated 03/25/2019) Memorandum regarding continuance (dated 03/27/2019) Email of concern (dated 03/26/2019) 97 Bill Jerke Email of support (dated 03/26/2019) Pipeline alignment images (received 03/26/2019) AC. 98-136 Applicant AD. 137-138 Gerald and Janet Roth AE. AF. Letter of concern (received 03/27/2019) 139 Casey Elder Letter of concern (received 03/26/2019) 140 Marvin Bay AG. 141-142 Greg Cecil Letter of concern (received 03/27/2019) Letter of concern (received 03/27/2019) AH. 143 Tom Karlberg Al. AJ. AK. Letter of concern (received 03/27/2019) Comments regarding previous submitted exhibit AD (received 03/27/2019) Emailed line regarding FERC (received 03/27/2019) Letter in support of Mr. Bay (received 03/27/2019) Letter to the Federal Energy Regulatory Commission requesting Certificate approval prior to USR approval Email with information on the immediate possession (dated 04/01/2019) 144 Janet Roth 145 Jan Schmidt 146 Charles Popa AL. 147-149 Christopher Jones AM. 150 Mike Olearnick AN. 151-154 Ron and Marsha Baker Email of Concern (dated 04/03/2019) AO. 155 Ed and Jan Schmidt AP. Email of Support (dated 04/17/2019) 156 George Padgitt Email of Support (dated 04/17/2019) Request to be added to the May 8, 2019 agenda (dated 04/19/2019) AQ. 157-158 Applicant (Shawn Bates) Ron & Marsha Baker, and AR. 159 Dorothy Peterson Email of Support (dated 04/26/2019) AS. 160 William Oster Email of Support (dated 04/26/2019) 2019-0072 itbD Gr Colorado 1 -O'Connor Minot Receipt, M wbcu m Mr.r.cor 4.e ^ el p ..rte. Lithan Mtv,• HeG:. 1,1 i ncotri Mrtot-n.(at.fit In order to construct a pipeline, staging area and storage yards are cleared, strategically located along the planned right-of-way. These areas are used too stockpile pipe, store fuel tanks, construction materials and equipment parts. Also these areas provide parking for construction equipment, employee vehicles. Clear Cutting the ROW After the equipment is accessible in the staging area, work will begin to clear cut the pipeline right-of-way. Large trees are stockpiled or hauled off. Open fields are cleared and grubbed Source: FRACTRACKER ALLIANCE Excavating the Trench The trench for the pipeline is dug after the ROW is cleared. Source: FRACTRACKER ALLIANCE Pipe Transport, Stringing, & Assembly When the trench is completed, pre -coated segments of pipe, usually 40 ft in length, are transported from stockpiles in the staging area to the right-of-way. Pipes are laid above ground beside the trench, or within the trench on top of supportive sandbags in steep terrain. Certain pipe sections are bent using a pipe bending tool to allow the pipeline to follow the planned route and the terrain. The pipe sections will then be welded together, sand blasted, and the weld joints coated with epoxy to prevent corrosion. Finally, the weld joints are inspected with x-ray to ensure their quality. Connected lengths of pipe can then be lowered into the trench. Source: FRACTRACKER ALLIANCE Obstacles: Roads & Streams Pipelines cross existing roads, highways, streams, rivers and wetlands. Typically, pipelines are constructed underneath these obstacles by either boring for shallow depth or using horizontal directional drilling (HDD) for deeper placement. Source: FRACTRACKER ALLIANCE Testing & Restoration After the pipe is inspected, the trench is filled in. Before completing the project, the pipeline integrity must be verified using hydrostatic testing. Pipeline companies receive permits to withdraw millions of gallons of water from streams and rivers along the pipeline path. This water is sent through the pipeline and the pressure is increased to above the maximum operational level. If the pipeline remains intact during this test, it is deemed operational. After this, the surface of the ROW is seeded and fertilized, and above -ground markers are placed along the pipeline path. Mina efF, t4ci g1a G 101 Ilitp*boo__ 4,--0-eltii;ze::::P Sas '114&° IL at calm Source: FRACTRACKER ALLIANCE Additional Infrastructure While the majority of a pipeline is underground, there are several types of supporting infrastructure that are constructed during a pipeline project. Valve stations are built above the right-of-way along the pipeline, allowing operators to shut off sections of the line for maintenance or in an emergency. Metering stations are built along the length of pipelines, providing a measure of the flow of gas throughout the line. To ensure pipeline integrity, welds must be x-rayed and the pipe hydro -tested. This process involves pumping in dean water, pressured above the expected maximum average operating pressure. Then, all water is removed and "pigs" are inserted into the pipe to clean it out. When the pigs eventually exit the far end of the pipe clean, then the line will be filled with dry air. Air compressors pump up the air, and the air is run thru a drier. The air will be sampled and tested for moisture content. When those parameters get low enough, the complete pipeline is filled with nitrogen to absorb more of the remaining moisture. Only then is the pipeline ready to transport natural gas. Source: FRACTRACKER ALLIANCE Our journey with Tallgrass began midyear in 2017 when we began having discussions with one of their land persons. In July of 2017 we allowed survey teams to come unto our property on two different occasions to determine the proposed pipeline route and confirm property lines. A team was also granted access to do test bores to determine boring feasibility. Since that time we have allowed access on numerous occasions for surveys including, but not limited to, noxious weed surveys, ecological studies, environmental studies, cultural resource studies and an additional test bore. Access has been granted with no compensation and without e xclusion on our part. Our intent was to negotiate in good faith. We did receive a request from Sean, the current land man, for access to do an environmental survey for pumping water from the Platte River for hydrotesting of the proposed pipeline. Our understanding is that the pipeline route will be bored under the river and continued in a bore under o ur property. When asked why they were doing the survey on our side of the river, Sean replied that there was a possibility of pumping water on the south side of the river and trucking the water to the bore opening on the n orth side. We do not have a road that goes to the river and have no desire to have one constructed. We did deny access for this study. We received our first written communication from Tallgrass in March of 2018. The letter included brochures, a discussion about Cheyenne Connectors, landowner notification and a separate page entitled "Eminent Domain Law in Colorado." This seemed to set the tone for further n egotiation...bullying rather than bargaining. Our first written offer was for the huge sum of $10 for a 1/4 mile 50' permanent easement and a 75' temporary easement. A followup offer allowed $500 for temporary access to an existing road only if needed should boring problems arise. Later we were offered a per linear foot figure (still minimal). We proposed a counter offer which was promptly rejected. We were then contacted by an appraiser from Tallgrass. We explained that we were well aware of the selling value of our property, however, our concern was devaluation of said property and loss of potential earning capacity. There are two operating gravel mines in a 2 mile radius of our farm and several water storage areas. The proposed pipeline intersects the majority of our pasture making future development for gravel mining and/or water storage difficult if not impossible. Based on the impact on future earning capacity, we requested an "income approach appraisal" rather than a "direct sale comparison." The appraiser told us that he would do further research and "get back to us in two or three days." At that time we did not grant access to our property for said appraisal. He never called back. In early November we received a "direct sale comparison" appraisal on our property prepared by the same contracted appraiser. In the document he listed his specialty as "eminent domain." Four properties were selected for the appraisal, all within 10 miles of our property, but lacking in similarity. A property closer in proximity and more like ours which sold in 2017 was not included. That parcel sold for more than three times his appraised value of our farm. A letter from Sean Stark, senior right of way agent, accompanied the appraisal. It stated "at this time, I am still able to work with you to reach a voluntary negotiation figure. . .however, that window of opportunity is closing." On November 16, Sean scheduled a meeting for November 29 with us, our attorney and the project manager Bill Sullivan. A few days later we received a letter from Sean dated November 20 urging us to "set up an appointment to review our concerns and hopefully finalize the easement and compensation." He had scheduled our appointment four days prior! We met on November 29. The compensation offered was still far below the "market value" based on other pipeline right of way compensations. We countered the offer, but have had no communication since. Another concern is the "secrecy" that Tallgrass is creating in their negotiation process. We have been reminded often that we are not at liberty to discuss compensation offers with others. The contracts that we have seen contain a clause stating the same. The amount of compensation is not included in the right of way agreement that will be recorded with the county. In contrast, their appraiser certainly used recorded farm selling prices to determine the "market value" for appraisals. This is a new approach in the oil and gas pipeline industry. We have negotiated seven ditch crossing agreements in the past. In the first six the amount of compensation along with the location and size of the pipeline was clearly stated in the recorded document. The latest, a company with which we had an earlier agreement, refused to include the amount of compensation in this agreement. Is this an attempt by the oil and gas industry to decrease the information available, and therefore decrease the bargaining power of the land owner? A letter dated August 10, 2018 stated "Tallgrass' commitment to negotiate in good faith" and "By now...should have: 1. arrive at fair price for acquisition and damages 2. agree on mutually acceptable easement agreement 3. keep us informed about status of the project. None of these have transpired. In summary: We have no plans or desires to sell our property. It has been in our family for over 100 years. Acquisition and damage loss based on an appraised selling value is not acceptable. We are concerned about the loss of future development and earning power from our land. The "lack of faith" in negotiating is huge. We have tried to be open and accommodating, but get nothing in return. Negotiation seems minimal at best. We are concerned with the secrecy and lack of transparency in negotiations. We understand the necessity of pipelines and their value to the economy and the well being of our nation. We also believe that we have the right to be treated fairly and dealt with in good faith. In contrast we feel bullied and threatened. Last, but not least, we are concerned about an 36" pipeline carrying 600,000 cubic feet of natural gas per day at 1480 psi within 125 feet of our home. With shut off valves located at 17 mile intervals, a line failure and potential explosion could be catastrophic. Ron and Marsha Baker 28806 County Road 51 Greeley, CO 80631 Testimony before Weld County Commissioners Date: Dec. 12, 2018 Testimony by: Marilyn Drake, Eaton, CO Re: Tallgrass proposed pipeline & company practices to acquire easements Thank you, Commissioners, for the opportunity to address you concerning Tallgrass, and its unwillingness to pay fairly for its proposed pipeline easement. My name is Marilyn Bay Drake. I grew up on our family farm east of Eaton and remember as a child when my father purchased the farm that is proposed to have a 36 -inch, high pressure gas line running through it. My husband and I recently moved back to Eaton. My parents had offered us land on which to build a house and keep a sheep flock. We initially planned to build on one of the recorded exemption lots shown in this county map. There are two 4 -acre, lots and one additional 7 -acre lot. In addition, there is a well dug at least a decade ago to service the two east lots, which my parents had earlier planned to have for their children and grandchildren to build on or to sell. However, early in our planning process, we learned about the 36 -inch, high pressure gas line that would run just outside the lot boundary and decided to build elsewhere. You can see on this county map the Tallgrass proposed pipeline placement. Tallgrass itself says there is a 1,000 -foot blast zone actually, they prefer to call it a "Zone of Influence" —on either side of this high pressure gas line. So, while the pipeline is not inside any of the three recorded exemption building lots, all are well within the blast zone. I cannot tell you with certainty that no one would buy these lots as a housing site, but the value of these lots will be greatly diminished. Although my husband and I will not be building a house within the blast zone, it is only logical that this be taken into account when Tallgrass calculates the appraised value of this farm Housing lots like these typically sell for $75,000 per acre, and two of these lots have use of the water well, itself a major expense in Weld County When we brought this up to Tallgrass, they simply took the lots of THEIR map Please see the next map, which with its blacks out of these valuable REs, is what Tallgrass presented to us after we asked them to compensate us for the RE building sites Their solution to dealing with the elephant in the room is to simply remove the elephant This is wrong and greedy Commissioners, please make Tallgrass pay reasonably for their easements CoccnL Cc AN44zJ71 111.1t O , innOtriv Mow anon 2124' C 1/4CO*SEC 1 'ND 3 IP' Attu CAP PIS 23090 104 5 1/4 cog X Ff0 2 1/i0 M.UM r cos,L4 12374 103 no 1' vac. 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'V 4, ,. l'711.00 3125`7¢ 487.42' : jzt'+4'4..'C X11. mi _ EgtROLCw tcT RE -1789 LETS A. Hi C, G 9, RE -s296 LOT 130,1?tht. l29 55 t AC :� ernn 49 C ICA 72 R011) rtWa 32'58`vr 1261274 • - . • . n . .ea1 • M , , .`. I . I I Mae. I I ` . • ..... POZIT co trvO1A LOT is Ly • * w... . a r• . r.... • • .w10. seta t6'g toter IfiCR 72 (CRAWL ROAD ARO W OW EXIST) warfarin) HY WEIO t: GLOM i as s1; 17 PACZ 163 b o 4/b/t221 - I n res Ft YR Mari, AU MOW RC -370 2 ig { • U -'J•.PP' FENCE 39 s I• 7 R. 4Ct 1s 4 = LCCAITN MA RAW + Zq }.E 1/1 can iFuU2I/a'AL" CAP, U 12374 PE AC! ACCt.65 g tie tthi • �a; 9 ha— Bach 16 PAC 3 11/16/19118 cs \idisc:j s vg • Pic !'1'_'lZ F• , JO' I IOC' JU1t T ACCESS f 1' £AMENt PCC17 Cori LOT A ft= sr 12 7 LO?D SCCCRSEC FNOaI/Ckuu CAP' LS 774? 1993 as O Q 0 0O0 _-- Testimony before Weld County Commissioners Date: Dec. 12, 2018 Testimony by: Marvin Bay, Eaton, CO Re: Tallgrass proposed pipeline & company practices to acquire easements Hello Commissioners. Thank you for giving me the opportunity to address you today on the matter of Tallgrass's proposed pipeline and its practices to acquire easements from farmers. My name is Marvin Bay, and for the last 49 years, my wife and I have farmed and lived east of Eaton. We are both 80 -years -old and have always aimed to be productive members of the community and good stewards of the land we farm. We also want to leave our priority of good land stewardship and the farm ground itself as a legacy to our children and grandchildren. With these values before us, we are here today to ask the Weld County Board of Commissioners to help us and other farmers be able to negotiate reasonable pipeline easement agreements with Tallgrass. I understand the need for eminent domain, and I support the oil and gas industry. Tallgrass is the sixth and most difficult and disingenuous company of those with which I have negotiated pipeline easements. Tallgrass continues to use the FERC permit and threat of condemnation to try to bully me and other farmers to sign highly unfavorable agreements. In their first communication, farmers were prominently warned of condemnation and told we could not use previous pipelines as a measuring stick to determine the price of easements and damages for this pipeline. They inferred that because of the FERC permit, their pipeline easement compensation would be much lower. Their offer for their 36 -inch line is half that paid by another recent 18 -inch line on my property. It is also a fraction of the initial offer of another new, smaller pipeline in the area. Tallgrass based its offer on their own appraiser's value of my farm by the acre, converted to the fifty -foot easement area where the pipeline will be located They will be changing the accessibility, function and value of a 120 -acre farm, yet are willing to compensate me for less than 4 acres of my farm ground This comes out to $11 47 per linear foot for the 50 -foot wide easement — See Exhibit Cheyenne Connector Cost Breakdown worksheet presented me by Tallgrass This compares with $80 per foot paid by other pipeline companies for their easements And, these are for 18 -inch or smaller oil pipelines, which are not as dangerous as Tallgrass's 36 -inch high pressure gas line My entire farm will be impacted as follows • I must farm around the construction of the pipeline, costing me more in tractor run time and fuel ® I may be unable to run my sprinkler over my ground due to the excavation for the pipeline, making it impossible to irrigate the entire farm ® When the excavation is finished, it will take years before the trench finishes settling • I will have diminished yields for years, even decades, because of poor fertility caused by the mixing of subsoils where the land is excavated -See Exhibit Crop Quest Satellite Image showing the "vigor" of the crops during the 2018 growing season on two of my farms that already have smaller pipelines in them • I will suffer lower land values for the entire farm, including 3 REs designated for home sites This is particularly egregious and will be addressed by my daughter What Tallgrass is calling fair compensation is like putting a 3 -inch crevice down the middle of a 3,000 square foot rental home valued at $500,000 and offering to compensate the home owner $15,000, roughly the value for the size of the crevice Of course, they say they will repair the crevice once they are finished, and they do, but you can always see the hump and splintered wood The renters no longer want to pay rent, and they move out, depriving the home owner of the rental income The appearance of the home with a crevice all the way through it, concern for future "maintenance" of the crevice and because the creator of the crevice forever has the right to enlarge or change the crevice, the homeowner will have trouble selling the home If he is able to sell it, he will get a much lower price This is what Tallgrass is doing with our farms, while hiding behind FERC as justification In addition to its laughable monetary offer, Tallgrass wants farmers to sign agreements with egregious language A few examples include • They ask for a "perpetual" right to the easement They want to be able to change the pipeline anyway they want and at any time down the road Changes can include the size of the pipeline, whether it is under ground or above and anything else that is "necessary and convenient" (contract words) to Tallgrass • There are no abandonment provisions Other pipelines agreements will either remove empty pipelines that are no longer used or purge them and leave them in place • Tallgrass expects the farmer to pay litigation costs related to the title of their land if there is a dispute that affects Tallgrass's easement While this is unlikely, legal costs could exceed the value of the farm • The closing provision states that the farmer may not discuss the terms or payment for the easement with anyone else Secrecy allows Tallgrass to divide and conquer This is not right I understand the reality that pipelines must run through public ground What I am asking you, Commissioners, is to use your authority to make Tallgrass negotiate in good faith, to be able to use easement payment rates and damage compensation from other pipeline companies as guidelines for this easement and to change contract demands to those that are reasonable for farmers in Weld County Please DO NOT issue the county permit to Tallgrass until a high percentage of the pipeline easements are under contract :Date 11/26/2018 !Tract Number(s) CO -WE -911 000 !Landowner(s) Name The Bay Family Living Trust PROJECT NAME - CHEYENNE CONNECTOR COST BREAKDOWN RIGHT OF WAY PAID !Permanent Easement :Temporary Workspace IATWS 388 5 76 ' 1171 (acres) x $10,000 00 (acres) x $2,000 00 (acres) $2,000 00 S38 800 00 $11,52000 $2,340 00 TOTAL RIGHT OF WAY COMPENSATION $52,660 00 ! ACCESS ROADS &SURFACE SITES I 1 ! 'Permanent Access Road $0 00 !Temporary Access Road 1 x 52,50000 = $2,50000 ! I j :Surface Site x $000 ! i I TOTAL ACCESS ROADS & SURFACE SITE COMPENSATION = $2,500 00 CROP DAMAGES j , 1 I ,crop 1 Sugar Beets I loin 52 (Yield / acre) x $48 00 (SW/Yield) j I 1st Year 100% $26,98176 I I 2nd Year 67% 518 077 78 I 3rd Year 33% $8 903.98 (Crop 2 1 (acres) (yield/acre) x ($MP/yield) I IstYear 100% $000 I 2nd Year 67% SO 00 3rd Year 33% $0 00 �I TOTAL CROP DAMAGE COMPENSATION $53,963 52 MISCELLANEOUS DAMAGES & OTHER PAYMENTS Description Pre paid Damage Crops outside of pipeline work area that may be impacted by construction $20 000 00 Any additional damage Invoiced must account for and show the use of these prepaid crop and damage figures TOTAL MISC DAMAGES & OTHER PAYMENT COMPENSATION = $20,000 00 1 PAYMENTS GRAM TOTAL, PAYMENT PER FT TOTAL II $129,123 52 $38.20 OWNERSHIP BREAKDOWN FOR PAYMENTS GRAND TOTAL % Ownership = , 100 00% J % Ownership Grand Total = $129,123.52 Check Number Agent Name landowner *uest .1grimornit _Services Crop Satellite Imagery Crop Quest, Inc. 20607 NORTHMOOR DR. Johnstown Co 80534 https://www.cropquest.com Grower: c_Marvin Bay Farm: Marvin Bay 07/10/18 Created by: Kent Davis kdavis©cropquest.com 970-396-9975 4 South (123 ac) Jul O6, 2018 Spatial Resolution: 5M Cloud Cover View Low Vigor Soil 0 South (123 ac) 191 Jul O8, 2018 Spatial Resolution: 5M Cloud Cover View High Vigor Page 6 of 7 Powered by Paramount Reports Tuesday, July 10, 2018 -"a 47t4171.4 --L ,r� JJ¢"1frnLe. FTr-tr. w - :P tf'c-n Piar_'?#r"ni` R . �.:e-"7";"tiv *AM r'Ti "!;e..°Ca �ti-.:; .•,-=rvnr. % ri ,•.'n'��+^'` �'••rti -Ff.� '_ Presentation Topics � Tallgrass Energy Overview � FERC Process � REX Overview � Cheyenne Connector Overview IALLG' ENERGY Present Today • Dick Sears, Director of Land, Tallgrass Energy • Adam Schiche, Assistant General Counsel, Tallgrass Energy • Jeff Trujillo, Senior Project Manager, Tallgrass Energy • Rebecca Lieders, Permitting and Title Coordinator, Summit Resources � John Sullivan, Permitting Specialist, Summit Resources • Bill Sullivan, Right of Way Project Manager, Summit Resources • Evan Montz, Pipeline Engineer, Burns & McDonnell • David Slavin, Pipeline Facilities Engineer, Burns & McDonnell • Shawn Bates, Senior Agent Land & Right of Way, Tallgrass Energy a _ IALLG ASS#S ENERGY 3 Presentation Topics � Tallgrass Energy Overview IALLG ASS( ENERGY Who is Tallgrass Energy? � Growth -oriented midstream energy infrastructure company � Transportation, storage, terminal, water, gathering and processing assets � Serving some of the nation's most prolific crude oil and natural gas basins Headquartered in Leawood, KS; Operations headquartered in Lakewood, CO Nearly 720 employees, about 350 in Colorado � Operating in 11 states: CO, KS, WY, NE, ND, TX, OK, MO, IL, IN, OH IALLG ASS?ig ENERGY 5 Tallgrass Energy Overview 3 FERC-regulated natural gas transportation & storage systems totaling >6,800 miles of p ipe REX Pipeline: ~4.4 Bcf/d long haul capacity TIGT and Trailblazer: ~2.0 Bcfld of transportation and ~16 Bcf/d of storage design capacity 769 -mile FERC-regulated crude oil pipeline with ~320,000 bbl/d of design capacity Gathering and Processing: 1,500 miles of natural gas gathering and ~190 NAMcf/d of processing capacity Water services: Fresh water transportation, recycling, and/or salt water gathering and disposal systems across 5 active basins Terminals: 5 terminals serving the Pony Express System with 2 additional under construction Consolidated Footprint BNN Water *•*'` Solutions /T -: Buckingham Steriini. Terminal Termini. TALLGRASSE (1) (2) (3) Includes 75% of REX as an equity method investment. REX leases capacity on Overthrust Pipeline, which is owned by Dominion and consists of 255 miles of pipeline. Tallgrass Terminals owns an approximately 60% interest in a joint venture, which owns an oil terminal facility in Cushing, OK. Presentation Topics � FERC Process IALLG ASS? ENERGY What is the FERC and what does it do? Federal Energy Regulatory Commission (FERC) • FERC regulates interstate electricity and natural gas pipeline industries, oversight of non-federal hydropower and liquefied natural gas (LNG) projects, and rates for interstate oil pipelines � FERC Commission includes five members appointed by the President and confirmed by the Senate • FERC regulation includes the following for each industry: Natural Gas FERC is responsible for regulating interstate transportation rates and services for natural gas pipelines, the construction of natural gas pipelines, and overseeing related environmental matters Electric FERC is responsible for regulating interstate transmission rates and services, wholesale energy rates and services, corporate transactions, mergers, and securities issued by public utilities I lydropower FERC is responsible for licensing of nonfederal hydroelectric projects, overseeing related environmental matters, and inspecting nonfederal hydropower projects for safety conditions and compliance with license terms and conditions Oil FERC is responsible for regulating interstate transportation rates and services of crude oil and petroleum products IALLG ASSS ENERGY 8 Interstate Natural Gas Pipelines & Facilities Natural Gas Act of 1938 (NGA) Grants FERC siting authority over interstate natural gas pipeline and storage facilities and authority to approve natural gas and liquefied natural gas (LINO) import and export facilities Energy Policy Act of 2005 � Amended the NGA � Made FERC the lead federal agency for projects seeking authorization under Sections 3 and 7 of the NGA • Resource reports filed with an application are reviewed andthen used as the basis for an environmental assessment (EA) or environmental impact statement (EIS) FERC conducts an independent analysis and draws conclusions about impacts on the proposed project staff provides recommendation to the Commission Commission either approves or denies the application via an Order 1ALLGASS ENERGY 9 Presentation Topics � REX Overview IALLG ASS( ENERGY Rockies Express Pipeline Overview yom/ng wornstrirer Opal W'a m s i ter Lost Creek b. e a .. alllb Ka der Arlington laeirenn0 Rig Hole Cheyenne Fire. :vei ns maker meeker La&ewo.6d ' 0envar J uiesburgi rnammignowiso Bertrand Colorado Cclbvradc'ri ngs - Pueblo Nebraska Orrha Lin coma .Keti s-a's Steele Crty Topeka Turney Mexico Kansas City Missouri Rockies Express Pipeline o REX Compressor -Station 7"n Lease of Overthrust Pipeline Capacity Sprir gfie:ld Chicago ' Fort Pis y - Peons Indiana Blue Moundomisem Sara s Illinois :Saint Louis ',Bainbridge Lebanon St. Paul Louisville Columbus Hatt do Wa shinWon iainrti Court HMI se Cleveland Akron Ohio Chard&ersville cHumbul; \ during -Mr? Seneca � Rockies Express Pipeline (REX), 42- and 36 -inch diameter natural gas pipeline extending apprxomately 1,700 miles from northwestern Colorado to eastern Ohio, taps supply basins in the Rocky Mountain and Appalachian regions and serves energy markets across a vast segment of North America • Tallgrass Energy owns 75% of REX system and is the operator � Cheyenne Connector pipeline will connect to REX at the Cheyenne Hub Compressor Station located in northern Weld County IALLG ASS( ENERGY 11 Presentation Topics • Cheyenne Connector Overview IALLG ASS? ENERGY Cheyenne Connector Project Description 411 Cheyenne Connector is designed to link much -needed natural gas supplies in the DJ Basin with residential, business, and industrial users in Vilest, Midwest, Gulf Coast and Southeast markets. � Approximately 70 -mile 36 -inch diameter pipeline carrying DJ Basin natural gas originating approximately 5 miles northeast of Fort Lupton and terminating approximately 3.5 miles South of the Wyoming border Approximately .7 -mile 24 -inch diameter natural gas pipeline lateral Receipt meters located at DCP Midstream's Mewbourn and O'Connor Plants and Anadarko's Lancaster and Latham Plants Delivery meter located at Rockies Express Pipeline Cheyenne Hub in northern Weld County Cheyenne Hub Enhancement: Modifications to enable receipt and delivery of gas among multiple interstate pipelines, providing producers with better access to diverse markets -�-'� AS 7F Web I 9 '\ice 4 a • '• J'-` • a ••. 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I ♦ - w - . : _•-2. rk p 3 71e l 4 • ' s • a e. ■ t 1 R 1 Si. 1 YLL I 1� VW. IV •• - r• 1 -. . 1 .. . . ill • Jaws i • ass wiser 11 f t Ir r pF I( • • • a 1.1 46 • • * • • 1 a • a • • • t rt r v r a . ••s. Ae.♦•• 9a{.. lir .v -,c . a .: _s • •• • • • 7.0[•11 • is Ie s ai II 0•!101 I • • a • • 1va••l '• r • 4 M sr a 4 it 1 $' air a-- CUSS�' Pipliaid ." • �•1. • t'.weran j T,4LL f ,SS inraelinmv nai• Mao Faint Cheyenne Connector -- 7♦a•>••�I�.=■�I,'�>♦••ai•• _ 11� --MM. �a•� i•� 0 M{♦I••a■••••••• R� Pro.' eel IS MINI 'ISOM= IS1 Ell TALl_GRA-.SSh1) 13 Landowner & Community Engagement � Our trained professionals are working directly with property owners and people in the communities along the proposed route to learn more about their interests and priorities. • Open houses were held on April 3rd , 4th and 5th in Platteville, Eaton and Kersey. Approximately 150 landowners and community members attended. Solicited input from landowners, community leaders, and citizens through face-to-face meetings, letters, a toll -free number, and a project website. • Right-of-way activities include: $ Survey permission Easement negotiations • Construction • Follow-up • Operations and Maintenance IALLG ASS( ENERGY 14 Siting of Cheyenne Connector outing considerations... Utility corridors • Existing public rights -of -way + Constructability • Environmental and biological issues • Distance of alignment • Public input • Landowner, State and local, FERC Topography + Soil conditions • Current and known future land use and development • Potential for successful restoration and revegetation • Accessibility Typical Cross -Section of a Pipeline Construction Right -of -Way on Agricultural Lands a IALLG ASS( ENERGY 15 Project Timelines • FERC 7c application filed: March 2018 � Weld County community engagement: July 2017/ongoing � FERC environmental assessment: Expected Fall 2018 � FE C order issuing certificate: Expected March 2019 � FERC issues Notice to Proceed with construction: Expected April 2019 • Construction underway: Expected Q2 - Q4 2019 • Cheyenne Connector in service: Estimated Q4 2019 IALLG ASS#S 16 ENERGY • Environmental Review Process As part of the FERC 7(c) Application process, projects undergo a thorough environmental review. Step 11 — Environmental Survey Surveys of the Project area are conducted to document the presence and/or absence of: + Threatened and Endangered species, migratory bird habitat, and raptor nests + Waterbodies and Wetlands + Archaeological and Historic Resources (Cultural Resources) Step 2 — Reporting The information obtained during the surveys and desktop review of publicly available resources is compiled into various reports to assess the potential environmental impacts. FERC requires the following Resource Reports to be compiled for the Application: RR1 - General Project Description + RR2 - Water Use and Quality + RR3 - Fish, Wildlife, and Vegetation • RR4 - Cultural Resources + RR5 - Socioeconomics + RR5 - Geological Resources + RR7 - Soils + RR8 - Land Use, Recreation, and Aesthetics + RR9 - Air and Noise Quality • RR10 - Alternatives + RR11 - Reliability and Safety • RR12 - PCB Contamination Step 3 — Agency Consultation and Approvals Field survey information and potential impacts of the proposed Project are compiled into reports that are submitted to federal and state agencies. The following agencies were consulted with and will give final approvals and/or permits for the Project: I U.S. Fish and Wildlife Service (USFWS) + U.S. Army Corps of Engineers (USAGE) + Colorado Parks and Wildlife (CPW) + Colorado State Historic Preservation Officer (SHPO) + Colorado Department of Public Health and the Environment (CDPHE) TALLGRASA 17 Environmental Requirements During and After Construction TALLGRASA Protection of sensitive Species During Construction Birds and raptors protected under the Migratory Bird Treaty Act (META) will be a priority on the Cheyenne Connector and Cheyenne Hub Projects. « A pre -construction survey to determine the presence of any ground nesting birds within the Project footprint will be performed prior to land clearing activities. « Ongoing biological monitoring of raptor nests within the designated CPW buffers will be performed during construction. Avoidance of Impacts to Aquatic Resources Waterbod ies 71 waterbodies (streams, rivers, canals, ditches, etc.) would be crossed by the Project: « 45 would be avoided through either horizontal directional drill (HDD) or conventional bore Wetlands 49 wetlands would be crossed by the Project: 25 would be avoided through H D D or boring methods All wetlands and waterbodies impacted by the Project would be considered temporary, and would be returned to their pre -construction quality and function. Post -Construction Clean-up and Reclamation Post -construction clean-up and reclamation activities will consist of the following: « Off -site waste material management and equipment removal. « Restoration operations including surface grading and the reestablishment of natural contours and vegetation « Initiation of revegetation as soon as practicable to minimize erosion and introduction of noxious weeds « Revegetation with a seed mix approved by the local Natural Resources Conservation Service (NRCS) or as requested by the landowner. 18 Typical Construction Sequence - Surveying and Clearing of Site B • Laying Out Pipe Sections C - Welding Pipe Sections Together ID • Digging Pipeline Trench E - Construction Inspections F -.Lowering Pipe Into Tre n c h - Backfilling ng Trench and Pipeline H Hydrotesting Pipeline I a Site Restoration We protect environment by designing and building carefully, testing and inspecting thorough pipeline goes in service y before + We contract with experienced pipeline construction specialists; supervise their work to ensure quality and integrity; after construction, we restore the land to its original state TALLG ASS( ENERGY 19 Safety To ensure safe operations, we will ... a coordinate our company emergency response personnel with local emergency response professionals a Regularly patrol the pipeline on the ground and from the air to make sure that activities around the pipeline do not disturb or damage it a Monitor below ground cathodic protection + Post signs to indicate the location of the pipeline and a phone number to call before digging conduct public education and awareness programs a Hire and retain skilled personnel who reside within the local communities Remotely monitor the operation of our pipeline 24 -hours a day, 7 days a week from our natural gas control headquarters in Lakewood, Colorado Maintain an emergency supply of pre -tested pipe and related materials for emergency repairs a Develop good working relationships and train local emergency responders about natural gas pipelines. IALLG ASS#S Because safety is our top priority, we will ... a Install specially formulated, high strength steel pipe Coat the steel with special protective compounds to minimize corrosion Inspect every weld that joins each section of pipe Bury the pipeline with adequate ground cover and identify pipeline with aboveground markers pursuant to Department of Transportation regulations a Use cathodic protection measures on all surfaces to further protect against corrosion Test each section of pipeline at much higher pressures than the proposed operating pressure of the pipeline before putting it into service Use valves to allow sections of the pipeline to be isolated for maintenance or repair, if necessary Hire only experienced and qualified construction inspection personnel Ensure construction inspectors monitor and approve each stage of design and construction. 20 ENERGY Benefits Cheyenne Connector Rockies Express Pipeline ® - Lease of Overthrust Pipeline Capacity DJ Basin 4; y� ,. rwri r= _ : • r d 12.46 Bcf Takeaway. ter 1.08 Bcf LDC/End UseN ta: Producer benefits: Another route to get gas to end -user markets across the US (only one interstate pipeline serving this area now); access to more potential buyers End -user benefits: Access to an additional source of gas supply, which could lead to lower gas prices for utilities, LDCs, industry; possibly lower utility bills for consumers ! Short-term and long-term economic benefits for Weld County: construction jobs, higher sales for hotels/motels, retail and restaurants during construction; three expected permanent jobs; higher property tax revenue Cheyenne Connector is a significant investment in regional infrastructure and will help meet the growing needs for reliable transportation and supply of energy in Weld County and across the United States. TALLGRASSE 21 .11 Draft Resolution Items to discuss: • Special Review Permit Conditions: 1.D. "A copy of the signed and recorded (construction and post -construction) lease agreements (or other acceptable authorization from property owner) for pipeline right of way (easements) shall be submitted to the Department of Planning Services." Tallgrass Comment: Simply want to confirm that construction may commence where appropriate easements are in place, even though not all easements for the entire route are in place. • Development Standards: 8. "Any oil and gas pipeline crossing a county road shall be bored a minimum of twenty (20) feet below arterial roads, fifteen (15) feet below collector and paved local roads, and ten (10) feet below gravel local roads. This depth shall be measured below the lowest roadside ditch flowline elevation, for the full width of the right of way." Tallgrass Comment: Propose all county roads be bored a minimum of ten (10) feet below the lowest roadside ditch flowline elevation, for the full width of the right of way. IALLG ASS#S ENERGY CONFIDENTIAL 22 Going Forward If you have questions or comments, please visit http://www.tallgrassenergylp.com/Projects.aspx Call the Cheyenne Connector Project number: 855.288.3997 Email: AskCheyenneConnector©tallgrassenergylp.com IALLG ASS#S ENERGY 23 My name is Tom Karlberg and I live at 36037 WCR 49, Eaton CO 80615 I have several concerns with the Cheyenne Connector Pipeline starting with a safety issue- I do not believe that having a shut off every 17 miles on a 36" high pressure gas line is adequate. I also have problems with the proposed pipeline not being adjacent and parallel to the current 2 pipelines across my property creating an island of property between the existing pipelines and the proposed Cheyenne Connector pipeline, wasting corridor space and rendering this property useless for future development. However, the Tallgrass hired appraiser says this does not affect any economic value. Tallgrass has said that they plan on constructing the pipeline during the crop growing season, but yet want you to expend all input costs for raising a crop that they say will not be able to irrigate during this time of construction. During this time of "offers" from Tallgrass, there has been the use of veiled threats of condemnation, for coming to a settlement with them. I have been told repeatedly not to use prior pipeline compensation for comparison or valuations, even though the prior pipeline company paid a mutually satisfactory compensation and is currently alive and well. Tallgrass is taking an ADDITIONAL 66% of land for permanent easement, and ADDITIONAL 130% of land for temporary easement compared to the prior pipeline yet their current offer of compensation is 53 and a half % of prior compensation. On an acre to acre basis of permanent easement Tallgrass is offering 32% of the prior pipeline compensation, while the previous pipeline constructed their pipeline AFTER the crop was harvested. Questions that I have are: What % of the footage has a signed easement agreement? And what % of irrigated cropland footage has a signed easement agreement? Councilmembers, I would respectfully ask that you delay approval of this permit until such time as there is a high % of easement agreements that have been signed, because I believe that only through this will landowners have an opportunity to negotiate in "good faith". We would appreciate you help. Thank you, Tom Karlberg Selena Baltierra From: Sent: To: Cc: Subject: Ryan Donovan <ryan@ljcglaw.com> Wednesday, December 12, 2018 2:00 PM Kim Ogle Selena Baltierra; jpeterson2286@what-wire.com; Frank Haug; knelson@eatonditch.com Cheyenne Connector- Comments on Behalf of Larimer and Weld Irrigation Company and Owl Creek Supply and Irrigating Company 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. December 12, 2018 Good afternoon Chairman Moreno and Commissioners, Ryan Donovan, attorney, Lawrence Jones Custer Grasmick, LLP 5245 Ronald Reagan Blvd., Johnston, CO 80534 I am legal counsel for Larimer and Weld Irrigation Company and the Owl Creek Supply and Irrigating Company. I am representing these ditch companies today in regards to the Cheyenne Connector application. appeared in person today, but have a prior commitment in Wellington at 3:30. I am providing this written testimony to be included in the record of today's hearing. I offered a statement to the Planning Commission on November 6, 2018 and my clients appreciate Mr Ogle's recommendation and the Planning Commission's inclusion of a condition of approval that Applicants obtain a signed crossing agreement with Larimer and Weld Irrigation Company. I also respectfully request that the condition include a written agreement with Owl Creek Supply and Irrigating Company (the minutes from 11/6/18 Planning Commission meeting are not clear that the condition also allows to Owl Creek Supply and Irrigating Company). There are 4 proposed crossings of the Owl Creek Supply canal and 1 proposed crossing of the Larimer and Weld Irrigation canal (aka Eaton Ditch). Since the Planning Commission meeting, I can update the Commissioners that my clients have been contacted by Tallgrass's agent regarding the proposed crossings. Tallgrass has submitted written applications to the Companies, but no agreement has been reached. Tallgrass originally proposed to open cut several of the crossings, to which my clients strongly object. The proposed construction period would occur during the irrigation season, so open cutting is not an option. Even if it were not to be constructed during the irrigation season, open cutting is still unacceptable to the ditch companies. Tallgrass has agreed to bore all crossings for Larimer and Weld and Owl Creek Supply. Again, no agreement has been reached between my clients and Tallgrass, though our expectation is that we will reach an agreement with the Applicants, as required by a condition of their approval. Some of the issues that are important to my clients that will need to be addressed in the crossing agreement include but are not limited to (1) bore depth, which will be dependent on site specific analyses; (2) coordination with ditch company personnel to ensure that irrigation deliveries are not impacted by the construction; and (3) ensuing that the ditch companies' property interests on either side of the ditch are not interfered with. Additionally, I have asked Tallgrass's agent to revise or supplement its USR Application because the application as submitted, in my opinion, does not accurately reflect the number of proposed crossings as to my clients's canals. My sense is that the information can be captured in a clearer manner than the table in the 1 USR application I believe if the County is going to approve a permit, staff, the Planning Commission, and the Commissioners need the full information regarding the number of crossings Perhaps this information is included elsewhere on the application materials and if so, then my clients will be satisfied so long as an agreement is reached for each crossing Finally, my sense is that my clients are generally supportive of the Cheyenne Connector project, however, my clients are expecting to be treated fairly when it comes to ditch crossings and acquisition of any adjacent property Energy development is important to Weld County and the region, but so is agriculture As the Commissioners are well aware, Weld County is one of the top agricultural counties in the state The continued viability of agricultural in Weld County depends on water and these canals are the lifeblood for delivering that water supply I thank you for your consideration and I apologize that I was unable to provide my statement in person Best regards, Ryan Donovan Attorney Sent from my iPhone 2 To: Weld County Commissioners RE: Cheyenne Connector, LLC The Construction of the Cheyenne Connector Pipeline which is proposed to cross Weld County has created multiple complications in regards to negotiations and retaining the use and value of our Agricultural and Residential property. However, in regards to the County Commissioner's approval of this project we ask that you consider the following: Safety of nearby residents: We are asking that where the36" 1500psi Pipeline is within 1,000 feet of a residence the Cl pipe be upgraded to a C2 or C3 pipe as used in incorporated residential areas. We are asking that there be a minimum of 4 Foot cover be mandatory and 5 foot cover be required if requested by land owner. Ground covers and depths are variable depending on farming equipment and practices required by individual crops. We have been informed that there will be shut down valves every 17 miles. We are requesting that the commissioners consider requiring those valves be much closer together due to the high amount of natural gas being carried in 17 miles of a 36" pipe. The pipeline is going within a mile of a known fault at the location of the injection well located at County Roads 64 and 47. We have a seismic tracking station from the University of Colorado on our property which tracks the fault 24/7. ON Nov 6, 2016 there were several quakes including a 3.1 quake at 9:55 am. We request Tall Grass to provide the Commissioners with information addressing the effects of this activity on the integrity of the pipeline. We have asked that our contract state the pipeline is for transporting Natural Gas only. Tall Grass refused because they do not want to be restricted as to the pipelines future use. This would allow for other combustible products or even radioactive waste from uranium mining. We request the County Commissioners put a restriction on the products that can be transported through this pipeline. Seasonal Timing of the Construction: We have been contacted by and had discussions with Tall Grass representatives for over 2 years, always stating the preference to cross our property during non -cropping, non -irrigation season. The response has been that they have contracts and they will cross the summer of 2019 or at their convenience. We are requesting the County Commissioners to require Tall Grass cross irrigated lands only during non -irrigated months. On our easement alone there will be 2 center pivot sprinklers prevented from reaching 1/3 of our crop acres. Also 3 irrigation canals will be effected. The land -persons response was after the fact we can ask for compensation. There was no assurance that we would be compensated. If the seasonal requirement can not be enforced we are requesting the Commissioners require Tall Grass to compensate the farmers for the crop damages before they start construction on the property. Due to commodity contracts, seed purchase, water acquisition and labor planning we request that the Commisioner require that Tall Grass notify farmers by April 1, 2019 if construction will be conducted during the 2019 crop season. Thank you for your consideration of these matters. ‘24",--€071 -;7C1 6 eizi LP"- J./ Qiie,1 R6 1/41;Z/et et A/9 Cree ivy ; (,0 f13/ George M Tateyama 41518 CR 43 Ault, CO 80610-9536 Novembet- 19,2018 Federal Energy Regulatory Commission Office of Energy Projects 888 First Street NE Washington, DC 20426 RE: Pipeline Project Cheyenne Connector LLC Docket Number NumberCP18-102 To Whom It May Concern: I am in disagreement with the policy of following previous pipeline corridors to construct new pipelines. I was very na�ve in trying to be a good citizen when the first pipeline came through. I really didn't fight it aggressively because I felt I should do my share for the country to allow it. Was I wrong! Since 2008 this is the 4th proposed pipeline to go through my property. I have two (2) going through now! It is very aggravating to my tenant because he is unable to make farm plans because it is disrupted by potential pipeline proposals every two to three years. Isn't there "A Right to Farm"? I have learned a lot from the first pipeline that was laid across my property in 2008. I was very na�ve in thinking that FERC would protect my interests in the construction of that pipeline. I was very much mistaken! I think many of the problems arose due to the change in soil profile and poor backfill compaction of the trench and bore pit. The trench runs perpendicular to the furrows. It took about 8 years to solve the irrigation problems due to settling. A 2 inch siphon tube of water must travel down a small furrow almost a % mile in length in 4-5 hours. This is how we are able use a small amount of water to furrow water 70 acres. It took many years of irrigating ingenuity to achieve this task. Water management and application methods have about eighty (80%) percent to ninety (90%) percent effect on yields in our area which average about twelve (12) inches of moisture a year. Since 2017 I have dealt with 4 different Tallgrass right away agents. None has asked me to demonstrate how irrigation water is applied to the field, the frequency, or my irrigating methods. Other problems involved with the trench and bore pit, especially during wet years were: 1. One year we almost lost a corn cutter harvester due to wet conditions in the bore pit. 2. Another year we about lost a combine in the bore pit. 3. Another year we had to avoid harvesting some sugar beets because of the wet bore pit. During those episodes the rest of the field was able to be harvested under ideal and dry harvest conditions. Prior to the pipeline installation I have never experienced any sink holes. I don't think that the crop scars caused by the trench and bore pit will ever recover. After the problems that arose from that initial pipeline, I became more educated before the second pipeline was installed. FERC was not involved in the construction of the second pipeline. The previous problems mentioned have not shown yet. It was only installed 2 years ago. By being My own engineering technician on the second pipeline I was able to question some of the backfill operations being applied. Fortunately, I was advised to put as much as reasonable in the contract to alleviate many potential confrontations. I was able to say many times "follow the contract". I HAD TO PROVIDE THE BACKFILL PORTION OF THE CONTRACT TO THE CONTRACTOR Tallgrass seems to be reluctant to agree to the last backfill contract portion and trench depth that I agreed to with the previous Pipeline Company. Another concern is with our relatively high water table. Many farms have seep tiles under their land to drain water from their farm so the salt caused by a high water table does not affect their crops. With higher horse powered equipment, farmers are able to till deeper. A concern is the possibility of the pipeline floating, especially in areas with a high water table. In my irrigated area I believe that the pipeline must be buried deeper. Also it concerns me that two high pressure gas pipelines (30" and36") may be running parallel to each other It worries me because of the potential impact or blast area from two (2) high pressure gas pipelines. The "rumor mill" states that one pipeline sends gas south; the new one will send the gas north Maybe neither high pressure pipeline should have been built. FERC would know! ' I would have preferred that the Tallgrass gas pipeline follow the Saddlehorn crude oil pipeline running on the edge of my farm field because it would be easier for my tenant to correct the irrigation problems However after some research, my conscience would bother me if I allowed the Tallgrass gas pipeline to go so close to my rental house and my neighbor's rental house due to the potential impact of the blast area from the high pressure gas line. It is my'recommendation that the certification be denied until these problems are solved Thank you for your time, George M Tateyama Law Offices of Maria Petrocco 8704 Yates Drive #100 Westminster, CO 80037 Maria M Petrocco Licensed in Colorado and Wyoming December 19, 2018 Sent via E-mail to sbaltierra@weldgov.com Weld County Board of Commissioners 1150 O Street Greeley, CO 80631 RE: USR18-0077 Dear Commissioners, My name is Maria Petrocco and my office is located at 8704 Yates Dr. #100, Westminster, CO 80031. I am an oil and gas attorney representing the interests solely of the landowners and in particular the farmers. I have personally represented landowners on over 75 pipelines in Weld and Adams County. I do not hold myself out as an expert by any means, but you can say I have been around the block with a pipeline or two. The Cheyenne Connector Pipeline is wrong on so many levels, I am not sure where to begin. In addition to all the concerns just voiced, I am extremely troubled by a 36 inch high-powered natural gas line running through the middle of working farms, next to other existing pipelines and in some instances within 100 feet of a home. The shutoff valves, which isolate dangerous incidents and protect people will be located every 17 miles along the pipeline. With valves located that far apart, it will take several hours for the flow of gas to stop in a pipeline that size operating under high pressure. There are very definite safety concerns. These concerns are recognized and taken very seriously when pipeline companies are locating the pipeline outside of a rural area. Pipeline safety is classified from a Class 1 location, which is a rural area to a Class 4 location which is a densely populated area. The maximum pipeline stress decreases as you go from a Class 1 location, i.e. the farm to a class 4 location, which is an urban area. In the Class 4 locations, the pipeline walls are thicker and the pipelines are subject to more ongoing pipeline integrity tests. The question of danger of pipelines is very real. Pipeline explosions occur because of faulty design, natural erosion, ground shifting, and human error. Research has shown phone: 720.216.5175 ( fax: 720.379.6480 I I www.petroccolaw.com 1 of 1 that pipelines have an explosive potential and a risk of lost lives A 36 inch pipeline running a maximum operating pressure of 1480 psi (pounds per second), such as the Cheyenne Connector pipeline has a blast radius of over 900 feet m every direction To further add to my discomfort is the fact that the pipeline is crisscrossed and paralleled by other natural gas pipelines which are decades old. I do not want to think about the cumulative effect of the danger of these adjacent pipelines exploding In Carlsbad, NM in August of 2000, a transmission pipeline exploded along the Pecos River where some campers were spending the weekend The pipeline was 500 feet away and buried 15 feet below the ground. It was a 30 inch pipeline. When the gas,ignited it produced a 1200 degree fireball. The explosion instantly killed six of the campers and the other six died a short time after. The heat of the blast melted their tents, charred the vehicles, turned sand to glass and 1,000 feet away turned concrete to powder. There are numerous other examples of pipeline explosions These type of explosions, which may be rare, are more likely to occur on these farms, where the pipeline wall is not as thick, where the pipe is operating at it maximum stress, level, where regular testing is not required and where the farmers are so closely working under the surface. This is exactly where my clients, who I chose to call my friends, live, work and raise their families They are occupying, utilizing, and working the lands more so than any urban dweller and yet they are less protected. Farmers' lives matter too! Not only are the dangers to the farmer working, the lands upon which these high pressure gas pipelines he, but after construction of these pipelines the farmers face a lifetime of loss on the affected ground. Construction of a pipeline on an irrigated farm has been described to me as akin to taking a layer out of a layer cake- that cake will never sit on the plate the same As Dwight Eisenhower so stated. "Farming looks mighty easy when you plow is a pencil and you are a thousand miles from the corn field " I respectfully request that the Commissioner deny granting the permit and notrallow Cheyenne Connector to construct nor operate the pipeline We cannot win this on any level without your help- everything is stacked against the farmer, the landowners and the citizens of Weld County Very truly yours, LAW OFF CES OF MARIA PETROCCO phone 720 216 5175 I fax 720 379 6480 I www.petroccolaw corn 2 of 2 Selena Baltierra From: Sent: To: Subject: Attachments: Maria Petrocco <maria@petroccolaw.com> Monday, January 7, 2019 10:20 AM Selena Baltierra USR 18-0077/Cheyenne Connector Pipeline L- Commissioners 1 07 2019.pdf; sample final offer letter.pdf 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. Dear Ms. Baltierra, Please add the letter and attachment to the above -referenced file. Thank you. Maria Law Offices of Maria Petrocco 8704 Yates Drive #100 Westminster, CO 80031 Phone: 720-216-5175 Cell phone 720-732-9521 Fax number 720-379-6480 1 Law Offices of Maria Petrocco 8704 Yates Drive #100 Westminster, CO 80031 Maria M Petrocco Licensed in Colorado and Wyoming January 7, 2019 Sent via E-mail to sbaltierra@weldgov.com Board of County Commissioners PO Box 758 Greeley, CO RE: USR 18-0077/Cheyenne Connector Pipeline Dear Commissioners, Thank you for standing up to Cheyenne Connector Pipeline LLC, d/b/a Tallgrass Energy ("Tallgrass") at the hearing held on December 12, 2018. I am representing several Weld County landowners with working farms in connection with this Pipeline. In all my many years of law practice, I have never dealt with a pipeline company quite like Tallgrass. In these negotiations, there is an underpinning that the landowner is the least of their problems. Tallgrass is using eminent domain to bully the farmers for a 50 foot exclusive easement for a very large high pressured gas pipeline. At the December 12th hearing, you all emphasized to Tallgrass to go back to the drawing board to obtain easement acquisitions. As the minutes of the meeting reflect, Tallgrass insisted that they had their route. Tallgrass meant it. They did have their route and they would stop at nothing to get that route. The day after the hearing, on December 13, 2018, all 7 of my clients received final offer letters prior to commencement of eminent domain. These final offers were nothing more than a reiteration of the original low compensation amounts. Some of the offers now contained an amount for miscellaneous damages, which raised the amount of compensation per linear foot. However, the compensation for the easement is not at all adequate. I understand that the other Weld county landowners facing Tallgrass received similar letters phone: 720.216.5175 I fax: 720.379.6480 ( I www.petroccolaw.com 1 of 1 immediately after the hearing. I have attached a redacted copy of that letter for your reference and review. In accordance with the final letters, there is a deadline of January 11, 2019 to respond to the final offer. After January 11, 2019, Tallgrass stated it will commence eminent domain. I personally spoke with Federal Energy Regulatory Commission and they told me that if Tallgrass commences eminent domain before they have their Certificate of Necessity, which is something that FERC wants to know about and will be taken very seriously. The authority to commence eminent domain is derived from FERC because this Pipeline is considered an interstate pipeline. Tallgrass has not yet been granted the Certificate of Necessity from FERC. I thought you should know what has transpired since the last meeting. Thank you in advance for your time and attention to this matter. Very truly yours, LAW OFFICES OF MARIA PETROCCO MINENSOMOM phone: 720.216.5175 I fax: 720.379.6480 I I www.petroccolaw.com 2 of 2 TALLGRASS ' fr,k£.. CHE.YENNE CONNECTOR PI'E(..;NE.INC. FINAL WRITTEN OFFER PRIOR TO COMMENCING AN EMINENT DOMAIN ACTION December 13th, 2018 VIA TRACKED DELIVERY SERVICE Law Offices of Maria Petrocco do Maria Petrocco 8704 Yates Dr., #100 Westminster, CO 80031 Re: Temporary and Permanent Easements Cheyenne Connector Pipeline Project Weld County, Colorado Tract Number: CO -WE -934.000 Property Description: TOWNSHIP 7 NORTH, RANGE 65 WEST, 6TH PM SECTION 9: A tract of land being the East half of the Northeast Quarter of Section 9, Township 7 North, Range 65 West of the 6th Principal Meridian, County of Weld, State of Colorado And being more particularly described in that certain Bargain and Sale Deed from IIIIIINIMMINIMMINEMIA as tenants in common, each as to an undivided one-half interest, dated May 3, 2010 and recorded May 5, 2010 at Reception No. IMMO in the Clerk and Recorder's Office of Weld County, Colorado. Interest to be acquired: Temporary and Permanent Easements Dear . As an update to our previous communications/negotiations, I write this letter to advise you that Cheyenne Connector Pipeline, Inc. ("CCP") intends to acquire Temporary and Permanent Easements across your property described above (the "Easements"). The Easements are necessary for the construction and operation of CCP's new natural gas pipeline, and are described in the proposed Easement Agreement that is attached as Exhibit A. Unfortunately, we have not yet been able to reach an agreement regarding CCP's purchase of the Easements. This letter is CCP's final written offer to purchase the Easements prior to commencing eminent domain proceedings. CCP has made numerous contacts and attempted contacts with you, offering to acquire the Easements. CCP hereby offers to pay you $36,864.00 in exchange for the Easements (the "Final Offer Amount"). This amount includes the value of the Easements, as well as compensation for potential damages to your property. For your information, I have enclosed the calculations relied upon by CCP in presenting this offer. Please note that, in addition to payment of the Purchase Price, CCP will restore your property as agreed upon in the Pipeline Easement. 370 Van Gordon Street Lakewood, CO 80228-1519 303.763.2950 CCP will pay the Final Offer Amount promptly upon receipt of two original fully executed and notarized Easement Agreements and a completed W-9. I have enclosed for your use three copies of the Easement Agreement. Please provide CCP with your response to this offer by January 11th, 2019. If we have not heard from you by that date with either an acceptance of this offer or an acceptable counteroffer, we will presume that you reject this offer and that we will be unable to agree upon a price for the Easements. Please note that you have certain rights provided by statute as a result of your interest in your property. You may also want to consult with an attorney regarding this matter. Please be advised that, pursuant to C.R.S. § 38-1-121, a copy of which is enclosed for your reference, you are entitled to employ an appraiser of your choosing to appraise the value of the Easement. If you obtain an appraisal and submit a copy of such appraisal to CCP within 90 days of the date of this letter, CCP will reimburse you for the reasonable costs of the appraisal. In the event we cannot reach agreement granting CCP the Easements, CCP will utilize its statutory authority to obtain the Easements through eminent domain proceedings. If you have any questions, please call me at 303-763-2981. Sincerely, CHEYENNE CONNECTOR PIPELINE, INC. Shawn C Bates Land and Right of Way Department Enclosures 1. Easement Agreements with Exhibit "A" 2. Temporary Access Road Agreement with Exhibit (if applicable) 3. Calculation Worksheet 4. W-9 5. Instruction Page 6. Copy of C.R.S. § 38-1-121 February 11, 2019 Weld County Commissioners My name is Leslie Peterson and I am writing to you in regard to the 71 mile project being proposed by the Cheyenne Connector Pipeline, USR18-0077. You had a hearing for them on December 12, 2018 and told them return and to deal fairly with the landowners. You turned down their request for a permit. On December 13, 2018 a letter for sent to us that was "FINAL WRITTEN OFFER PRIOR TO COMMENCING AN EMINENT DOMAIN ACTION." We were advised that we had until January 11, 2019 to sign their documents or they then would be commencing with eminent domain proceedings. The offer did not address crop damage. They had also hired an appraiser to value our land. We had 90 days to hire a new appraiser and that they would reimburse us for the reasonable cost of the appraisal. We did not accept their offer but did engage an appraiser to reappraise our farm. We were told that they would not be able to wait for the results of our appraiser and filed Eminent Domain charges against us and we were served with papers on February 8, 2019. They have not offered to sit down with us to see if we could reach some agreement. They have agreed to 6' of cover over the pipeline in January 11 ,2019 offer but when we get their new agreement, which was included in our condemnation letter, it was back to 4' of cover. As of this date, they have filed on 23 owners and now an additional 8 owners. Today I heard that they had filed condemnation on the American Landowners Assn. which has about 25% of the entire project. We received a letter dated February 13 from the Cheyenne Connector lawyers which announced that they were filing a "Notice to Set Hearing ono Motion for Immediate Possession." This was to be through the Weld County District Court. They seem to have no permits but they want immediate possession of our farm without compensation or any agreement for compensation. We are also having some safety concerns. We understand that that the shut off valves will be every 17 miles. It is my understanding that engineers as well as oil and gas operators say that the industry standard is 5 miles for pipelines that are much smaller. Also the Kinder Morgan CIG pipeline that in already on this same property is willing to improve the existing pipeline to allow it to be a high pressure pipeline. This would disturb about 194 acres instead of the 1,723 -acre impact from the Tallgrass project. It is understanding that they would install several compressor plants in the area so that they could allow it to be a high pressure pipeline. I have about 60 acres of cropland that I will lose if this pipeline goes through my farm this summer. I have a sprinkler and will be unable to water it when they install the pipeline. They are unwilling to address this problem. They want to pay for 9.09 acres for cropland but the compensation is less than I received for my crop in 2018. I could go on and on but feel that this gives you some idea of the difficulties we are having with the company. We just wish it would go away. We feel that they owe us an honest settlement. Their tactic has been to demoralize the landowner to a point that they will give in. They think Ag people are poor business managers. Taking about 50% of pipeline owners to Eminent Domain is not what the law was designed to do. A private company is using FERC and Eminent Domain to enhance Talgrass's bottom line. Selena Baltierra To: Subject: Karla Ford RE: Cheyenne Connector c/o Barbara Kirkmeyer,Carla Ford From: eibarsch@aol.com <e barsch@aol.com> Sent: Tuesday, February 19, 2019 11:54 AM To: BOCC <BOCC@co.weld.co.us> Subject: Cheyenne Connector c/o Barbara Kirkmeyer,Carla Ford 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. This is regards to the Cheyenne Conductor pipeline that is being proposed in Weld County. We would like to say upfront that we are not opposed to the pipeline for transporting the natural gas in our area. We are fortunate enough to have oil and gas wells. What we are concerned with is the way Tallgrass is treating the landowners. Tallgrass has NEVER negotiated a fair price for the use of our land. This could be a case that will set benchmark for all pipelines coming through Weld County. Tallgrass has threatened condemnation and imminent domain from the first day we spoke with their representative. We were served with condemnation papers last week and the other day we received papers for "Notice to set hearing on motion for immediate possession" in District Court, Weld County. Tallgrass now wants to come on our farm during the growing season. They have stated they will not pay crop damages. We are talking about approximately 75% of our farm cannot be farmed and irrigated this year. They do not want to pay fairly and now no crop for the 2019 growing season. Corn for cattle is the crop grown on our farm. Ron and Marsha Baker, our neighbors, stated that Tallgrass has told them to not talk to FERC or the county commissioners. Last we heard. only about 35% of the landowners have signed with Tallgrass and probably under duress. This mess is costing the landowners and Tallgrass a tremendous amount of money for lawyers. We have negotiated with other pipeline companies and signed and were paid fairly and we all went on and everything turned out just fine, All we want is fair treatment and to get our farm back and put back to the way the farm is today. We just wanted the commissioners to know what is going on in our county. Our farm has been in the family since the 1940's. Thank you for listening. Respectfully, Ed and Jan Schmidt 1 Selena Baltierra To: Subject: Esther Gesick RE: County Commissioners Re #USR18-0077 From: Ron and Marsha Baker <rmbaker@what-wire.com> Sent: Thursday, February 28, 2019 2:51 PM To: Esther Gesick <egesick@weldgov.com> Subject: County Commissioners Re #USR18-0077 ' 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. March 1, 2019 Honorable Weld County Commissioners: We are writing to voice concerns pertaining to the proposed Cheyenne Connector LLC (aka Cheyenne Connector Pipeline LLC and/or Tallgrass) pipeline. As of Tuesday, February 26, 2019, Cheyenne Connector Pipeline, LLC has filed petitions of condemnation on fifty-nine landowners in Weld County. Their reason being that agreements on compensation cannot be reached after attempts to "negotiate in good faith." We would encourage each of you to go to the FERC website and read the numerous letters written by Weld County landowners showing the lack of "good faith" on the part of Cheyenne Connector, and are attaching the letters that we have written. We are aware that a need for such pipeline has been identified, and that this pipeline, or one very similar, will be constructed on our properties, however we are hopeful that you can, and will impose restrictions to protect the rights and safety of Weld County landowners and residents. 1 We would suggest setbacks similar to those required for oil flow lines. A 36" pressurized natural gas line is potentially more dangerous than a small oil flow line. In the concern of safety we would ask for shut off valves closer than the 17 mile intervals stated in the existing plans. The contracts presented to the landowners are specific in that the pipeline will not be limited to natural gas, but can, in fact, carry any material elected by the pipeline owner. The FERC application is for a NATURAL GAS PIPELINE. Condemnation and eminent domain is possible because the pipeline is for natural gas. It is concerning that the contracts are not limited. The proposed contracts are not for a set period of time, or until no longer in use, but forever. The owners can move the line within their right-of-way, replace it, dig it up for repair,change the size of the pipeline, etc. with no further damage compensation to the landowner, forever! Proposed construction will begin as early as April with completion in the Fall of 2019. This is entirely during cropping season. Weld County is proud of being an agricultural county. Do not let this company obstruct irrigation of our crops and pastures. If possible, require that construction take place during the "off-season" for agriculture. As prudent landowners we must be able to maintain our land. Present contract language would prevent us from dredging farm ponds when needed. We could not excavate to remove gravel or debris deposited after spring floods or rebuild fences in the pipeline right—of-way without obtaining permission from the pipeline company (which would be granted if requests were deemed "reasonable".) Our trust factor at this point in time is zero. We cannot predict what their ideas of "reasonable" might be. In the past few weeks, we and other landowners have been contacted about other proposed pipelines. Unlike past experiences, these companies are not in a hurry to negotiate. We feel that they are waiting for the outcomes in this particular case. If Cheyenne Connector succeeds in acquiring easements with low -ball offers and non -landowner friendly contracts, they will surely follow suit. Is this a precedent that Weld County wants to set? 2 Respectfully Submitted: Ron and Marsha Baker 28806 County Road 51 Greeley, CO 80631 November 14, 2018 As landowners of property in the proposed path of the Cheyenne Collector Pipeline owned and operated by a private company, Tallgrass Energy Partners, docket # CP-18-102, we are expressing concerns to FERC. Our dealings with Tallgrass have been less than desirable. We have tried to be accommodating, allowing access to our property for test bores, surveys, and numerous studies on several occasions with no compensation. However, attempts to negotiate an easement agreement have been extremely one- sided. A threat of eminent domain has accompanied each discussion. Recently we received a "direct sale comparison" appraisal on our property prepared by a contracted appraiser whose specialty was listed as "eminent domain." Four properties were chosen for this appraisal. The closest in proximity and most recent (2017) sale of property similar to ours was not included. That parcel sold for more than three times the appraised value that was listed. We had specifically requested an "income approach" appraisal. The proposed pipeline divides our land into two parts making gravel mining or water storage on our land difficult if not impossible. (Our property is well suited for both demonstrated by the location of 2 operating gravel pits and 2 water storage areas within a two mile radius of our property.) A letter from Sean Stark, senior right of way agent, accompanied the appraisal. It stated "at this time, I am still able to work with you to reach a voluntary negotiation figure ... however, that window of opportunity is closing." Weld County has many pipelines. Several exist within a few miles of the proposed pipeline. The compensation offered by Tallgrass is certainly a "low -ball offer" in comparison to what has been agreed upon in the past. We were told that construction of this pipeline will begin in April, 2019 with completion in December, 2019. Normally in this agriculture based county the majority of pipeline construction takes place after harvest and before planting, certainly not during prime growing season. Safety is a personal issue. Although no regulations exist as to location of pipelines from structures, it is unnerving to consider a 36" pipeline carrying 600,000 cubic feet of natural gas per day with potential expansion at 1480 psi within 125' of our home. We understand the necessity of pipelines and their value to the economy and well being of our nation. We also believe that we have the right to be treated fairly and dealt with in good faith. In contrast we feel bullied and threatened. We are not opposed to pipelines, but we are opposed to the manner in which Tallgrass is dealing with us. At a recent Weld County Planning Commission hearing, a Tallgrass representative stated that only one ditch crossing agreement and "about 30%" of landowner easements had been finalized. Our first contact was in July of 2017. Apparently we are not alone in our perceptions. Sincerely, Ron and Marsha Baker 28806 County Road 51 Greeley, CO 80631 (970)352-0877 Feb. 13, 2019 As we were preparing for church on Sunday, Feb. 10, we were greeted with condemnation papers. How fitting! It seems that an act of God is our last hope in dealing with Tallgrass. On the last page of a document filed with FERC on Jan. 25, 2019 it is states "("Cheyenne Connector") has worked diligently and in good faith to inform landowners about the proposed project, secure survey permissions, and negotiate the voluntary acquisition of necessary right-of-way." We, as landowners in the pathway of the proposed pipeline, beg to differ. On Nov. 29, 2018 we met for 3 hours with our lawyer, a senior right of way agent, and a project manager to discuss easement and compensation for our property. We proposed changes in contract language, similar properties not included in our appraisal and countered their offer. Dec. 11, our attorney received a red line contract for approval, but no mention of compensation. Dec. 12 we attended the pipeline hearing with the Weld County Commissioners. A continuance until March 27, 2019 was issued with suggestions that Tallgrass look again at their bargaining process to obtain easements since only 35% of the landowners involved had signed. Dec. 15 we received a packet dated Dec. 13 containing a completely different contract not including red -line changes, the original compensation offer for both permanent and temporary easements, a diagram showing a second temporary access road not previously discussed and a letter headed "Final Written offer prior to commencing an eminent domain action" with acceptance required by Jan. 11, 2019. We contacted the right-of-way agent, with several concerns. We questioned the addition of the second temporary access road, the red -line contract, and where we stood on our counter-offer. He was scheduled to meet with Tallgrass on Jan. 7 and would get back to us after that meeting. After the Jan. 7 meeting, Tallgrass attorney, Adam Schiche, contacted our attorney. She was informed that further negotiations would be between attorneys. We would not be included, and negotiations would continue only if she and her clients would stop communication with FERC and/or the Weld County Commissioners. We questioned the blatant denial of our right to free speech, but "in good faith" we agreed. We began arrangements for a second appraisal. Our attorney heard nothing until Jan. 28 when she received an e-mail "proposal for tentative resolution designed to avoid, at least in the near term, the need for us to file condemnation actions against your clients" from Adam Schiche. The proposal offered the appraised value as compensation in return for "immediate possession" with an agreement to continue to negotiate for additional compensation for 60 days. After the condemnation threats, the contract changes without notification, and the mistruths we had experienced we could not "in good faith" give immediate possession with any realistic hope of further negotiation. Feb. 2 our attorney received a letter from attorney, Todd Miller, retained to file condemnation actions in Weld County. We were on the list of condemnees. In the Jan. 25 document Tallgrass also states "...Cheyenne Connector has received monetary counter-offers from the majority of landowners on the proposed route, which indicates that compensation —as opposed to opposition to the pipeline itself —is the primary issue in dispute." Untrue! Granted, we hope to receive the market value for these easements, and believe that the market value has been established, not by the appraisals done by their hired appraiser whose listed specialty is eminent domain, but by the compensations paid by other pipeline companies who have secured easements in this specific area. Compensation is not the only point of contention. We have many unanswered questions. First and perhaps foremost is location. The proposed pipeline will pass through our pasture. Our property borders the South Platte River. Similar properties have recently been developed as gravel mines and/or water storage areas. A pipeline through the middle of our property will make such development very difficult if not impossible. Our land immediately becomes devalued. We have no existing pipelines on our property. The proposed pipeline will most certainly create a new corridor. More lines will necessitate expanding right-of-way, equating to further land devaluation. We were told initially that the pipeline could not be moved to the eastern border of our property because of limited area to lay out the pipe. According to drawing HDD,#11/12 the direction of the proposed bore has been reversed. The bore exit now appears to be in a field. Is pipeline space still an issue? As proposed, the pipeline would be less than 200 feet from our house. Safety is a huge concern considering a 36" pressurized natural gas line with shut offs 17 miles apart. We have been told that it would take at least 4 hours to deplete the gas in that distance in a malfunction situation. Our home is well within the "blast zone" for a pipeline that size. In addition, we were told that Tallgrass has the right to use eminent domain because this is a natural gas pipeline. The easement agreements specifically state that this pipeline is not limited to natural gas, but can carry almost anything that the pipeline owner desires. Seems contradictory that we are "greedy" when considering future monetary loss caused by the pipeline on our property, but Tallgrass is covering bases to make the pipeline saleable. Our contract states that we cannot excavate, impound water, etc. on the right-of-way without written approval from Tallgrass (to be granted for reasonable requests). So far, in terms of negotiation, our idea of reasonable and theirs is quite different. Two ponds exist in the proposed pathway. We are in a flood zone. Often after a flood we must dredge the ponds and remove sand deposits from the grazing land, rebuild fences and excavate ditches. We have no guarantee that we will be able to maintain our land. Our early contracts show one temporary access road ending at the pipeline. We were assured that this road would be used only if problems occurred with boring operations. The latest contracts show a second road through our yard, between our farm ponds (currently a culvert under a 4 -wheeler road 13' wide), across the width of our property, ending at our north fence line near the river. There is no existing road beyond our ponds. A 50'road would hamper the filling of the eastern pond (which allows for irrigation of the pasture and for water return to the river). A nesting eagle pair is in close proximity to the proposed road. We have never been approached about the addition of a second road (added after the environmental survey) or compensation for this road. We have listed some of our concerns. Combined with the constant threats of eminent domain, the unwillingness of Tallgrass to meet with us, and numerous lies have forced our decision not to sign their agreements. It is our understanding that other pipeline companies have proposed plans to serve the same purpose. Please consider their proposals. Respectfully, Ron and Marsha Baker 395 Ash Street, Denver, Colorado 80220 March 15, 2019 Barbara Kirkmeyer, Weld County Commissioner RECEIVED MAR 182019 WELD UNTY COMMISSIONERS Weld County Administration Building, 1150 O Street, P. O. Box 758 Greeley, Colorado 80631 Re: CP 18-102-000 and CP18-103-000 Dear Ms. Kirkmeyer: The lifespan of a natural gas pipeline is reportedly 50 years. The proposed Cheyenne Connector/ Tallgrass Energy pipeline, if constructed, will go through Weld County, Colorado where population growth is projected to grow 40.9% between 2015 and 2015 alone. The proposed route of this 36 inch diameter natural gas pipeline includes a one mile stretch through my half section, the North Half of Section 33, Township 4 North, Range 65 West. I am the fourth generation on the land, my great /9975 1W/i grandfather having bought it from the Union Pacific Railroad. My grandparents AS-al.()built the farmhouse in 1918 when they married. My mother was born there. I grew up there. I keep the farmhouse as a second residence and enjoy staying there with my dog. Even though my son is a Captain on the MD -11 for Federal Express, he deeply values my farm and frequently worked its fields with my father, as he was growing up. He is my only child and will inherit it from me. My farm is greatly irrigated by 2 canals which are nearing their end points the Evans Ditch #2 (Platte Valley Irrigation Company) and the Speer Ditch (Farmers Reservoir and Irrigation Company). In my son's generation, considering the projected growth in the area, even though he still owns water rights in both irrigation companies, it is likely that many landowners closer to the source of both canals will have sold their water rights to cities and no more irrigation water will be flowing down to my farm. Then, considering that my farm is only 1-1/2 miles as the crow flies from the Pelican Lake Ranch subdivision which presently has 100 homes, my son will likely subdivide my farm. I own enough Colorado Big Thompson water, in addition to Janet Frazier, Landowner the river water provided by shares in PVIC and FRICO, to support 30 homes besides my farmhouse. Considering the potential impact radius of a 36 in diameter natural gas pipeline to be 990 feet, I would prefer that pipeline not to go through my property. If it did, it would de -value my land considerably. Considering the future population growth of Weld County, no pipeline larger than 36 inches in diameter should be allowed. And, there are other safety factors as well which should be specified and monitored by Weld County. My farm is intersected by the Evans Ditch #2 (PVIC) and Platte Valley Canal (FRICO). The pipeline should not be constructed beneath a ditch while there is water in that ditch. The irrigating season for Evans Ditch #2 is April 1 to November 1. Platte Valley Canal runs water through it year round. The pipeline should be buried 60 inches below the surface of the ground where there is reasonable potential for residential or commercial development, as there is for my farm. There is an underground pipeline 3-4 feet deep running from my irrigation well to pond which feeds my pivot sprinkler that the Cheyenne Connector/Tallgrass Energy proposed pipeline would go under. A pipeline 60 inches deep would clear it. The pipeline should only be used for natural gas, no other chemicals or compounds moved through it. If the pipeline is not used for 2 years, it should be considered abandoned and removed. The construction materials should be of the highest quality and grade of pipe. Shutoff valves should be no farther than 5 miles apart, considering access availability and speed. These safety requirements should be specified and monitored, considering the lifetime of such pipeline and future population growth in the area. Thank you. a"; 71114e) SW') goinet 39e'rige71/ Co k2 -?-0 363 -3 9,3ecir Exhibit 1- Potential Impact Radius (PIR) and Pipeline Class Locations Hazard area radius (ft) 1320 1155 990 825 660 495 330 165 0 Nominal Diameter 142m 36 in l 30 m ■ 24 in 18 in - ----" I µ -" ! 112 in bin 500 600 700 800 900 1000 1100 1200 1300 1400 1500 Maximum operating pressure (psi) Source "A Model for Sizing High Consequence Areas Associated With Natural Gas Pipelines", Gas Research Institute and C-FER Technologies, 2000 The Hazard Area Radius, also referred to as the Potential Impact Radius (PIR) or Blast Radius, is calculated by comparing the diameter of a pipeline to its maximum operating pressure (psi) Note that the Impact Radius increases as operating pressure rises Calculating the Potential Impact Radius (PIR)(as measured in feet) PIR = 0 69 *d*SQRT (P) Where d = diameter of the pipe (inches) SQRT = square root P = pressure (psi) Take the square root of the pressure (if pressure is 100 psi, the square root is 10), multiply by the diameter (inches), then multiply by 0 69 Resulting number is the PIR in feet Class Locations Many of the inspection protocol's through PHMSA and/or PA PUC are based on the pipeline "class location", in general, class determines pipeline standards and frequency of inspections Below are listed 1 Exhibit 1- Potential Impact Radius (PIR) and Pipeline Class Locations the various class locations In essence, Class 3 & 4 areas are places where there would be greater human injury potential from a pipeline incident and therefore require more vigorous inspection regimes Class locations are checked routinely and revised based on new development occurring in an area Class locations are determined by the number of buildings within 660 feet (220 yards) on each side of a pipeline per sliding mile Class 1 location —10 or fewer buildings Class 2 location — more than 10 but less than 46 buildings Class 3 & 4 locations — more than 46 buildings and buildings with high occupancy (churches, schools, etc ) 2 Weld County Commissioners 1150 0 Street Greeley, Colorado 80631 Re: Case # USR 18-0077 Tallgrass CCP Dear Commissioners, Over the course of the last several months, we have read numerous comments submitted by other landowners expressing concerns and opposition to the proposed CCP, none of which we would disagree with. Each landowner has concerns that are specific to their own properties, so the one size fits all approach used by Tallgrass is inappropriate. If Tallgrass considers the negotiations that we have been subject to over the last year as good faith negotiations, we beg to differ. The most important question, and the one that we would like to have Tallgrass address is, "Why is the CCP proposed route in an existing federally recognized pipeline corridor, up to the point at which it intersects the west side of Section 35, T4N, R65W, at which point they abandon the existing corridor, cross Section 35, and then effectively re- engage the existing corridor at the point at which they exit Section 35." We have contacted Tallgrass to obtain an explanation and answer to that question, and what we were told was, "It's complicated." We would simply ask the Commissioner's if they would instruct Tallgrass to maintain the CCP within the established federally recognized corridor, as to not expand and/or create a new corridor through our property. Thank you for your attention and consideration to this matter, Lazy S Farms Ed and Dru Mark Selena Baltierra To: Cc: Subject: Esther Gesick; Jessica Reid Kim Ogle RE: Docket 2018-130 Cheyenne Connector LLC USR 18-0077 From: Jeanne Tateyama <mtatey@netzero.net> Sent: Thursday, March 14, 2019 9:22 PM To: Esther Gesick <egesick@weldgov.com> Subject: Docket 2018-130 Cheyenne Connector LLC USR 18-0077 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. March 14, 2019 Weld County Commissioners 1150 O Street Greeley, CO 80631 Docket 2018-130 Cheyenne Connector LLC USR 18-0077 Dear Commissioners: I have been served with an eminent domain summons to install a pipeline through my property. I am writing this letter in hopes that you can help me with my situation. Tallgrass Energy has rejected my trench backfilling stipulations which I have attached as part of this email. I have also included additional attachments that back up my need for these stipulations. During past negotiations with other pipeline companies, similar stipulations have been accepted. I understand that the requirements are very broad when it comes to specifications concerning pipeline installation. I am hoping Weld County can require more specific specifications involving pipeline installations to help protect the landowner. My understanding is that Weld County has its own guidelines governing construction projects, such as the "Weld County Engineering and Construction Guidelines", when it involves construction projects in Weld County right -a -ways and/or on property owned by Weld County. As is Weld County, I believe landowners should also be protected when construction occurs on their property. It was like "pulling teeth" when trying to obtain a copy of the prior pipeline company's trench backfilling specifications. When I was finally able to obtain a copy of the previous company's internal pipeline backfilling specification, it was very apparent that the specifications were in place to protect the pipeline company's pipe. However, there was very little protection in regard to the land of the landowner. As of this date, Tallgrass Energy has not provided me with their soil backfilling specifications. There needs to be a requirement that the pipeline company provide its trench and bore pit/receiving pit backfill specifications along with any other pertinent construction specifications to the landowners well in advance of any construction beginning on the property. If any unresolvable disagreements emerge, they could be mediated by a neutral Geotechnical Professional Engineer, licensed in the State of Colorado, agreed to by both parties. 1 As does Weld County and their construction projects, I am trying to avoid any future damage, problems, and confrontations with Tallgrass Energy because construction and backfilling wasn't done correctly the first time. I can give you numerous examples of the lessons learned after the first pipeline went through my property 11 years ago. They included everything from hours of daily hand shoveling of furrows, to getting a $750,000 corn cutter stuck in poorly compacted backfill. These issues along with others were due to insufficient backfilling of the soils and grading on my property during construction of the first pipeline. Another concern is that each contract should allow only one pipeline through the easement. If multiple pipelines are planned though the easement, each pipeline's issues should be addressed. The property owner should have the ability to negotiate each contract separately. One major safety concern is the planned depth of the pipe installation. In my opinion, there should be a minimum of sixty (60) inches from the top of the pipe to finish grade. This depth is based on the previously constructed pipelines on my property that were installed at this depth or more. In addition to safety concerns with the associated agricultural erosion and tilling of the land; by requesting this depth I believe it may help reduce some potential problems if there is a need to add additional utilities in the area. The contract that was submitted with the condemnation summons was only a general two page "bare bones" contract. In my opinion it completely favors Tallgrass Energy interests. If you believe it would be helpful, I can provide you with a contract I previously agreed to with a pipeline company. I have many additional comments and concerns regarding the proposed pipeline construction, but out of respect for your time, and to avoid redundancy I am hoping that many of them will be addressed by others effected by the pipeline. If you would like to discuss any of these issues, or have any questions, I would welcome the opportunity to meet with you. Thank you for your time, George M. Tateyama 41518 Weld County Road 43 Ault, CO 80610 970.302.6570 Popcorn Does This To Your Brain (Proof) clearstateofmind.com http://thirdpartyoffers.netzero.net/TGL3242/5c8b1 a5e26cb01 a4872bast04vuc 2 Tallgrass Pipeline Backfill During the initial installation and construction of Pipeline, twelve (12) inches of topsoil will be removed and stored separate from the subsoil. Following pipeline padding (which shall consist of six (6) inches of Grantee's selected materials under, around, and above the top of the Pipeline and no padding materials shall be more than twelve (12) inches above the top of the pipeline), all soils disturbed or excavated during initial construction shall be placed back at a minimum of more than ninety-five (95) percent of maximum dry density (ASTM D698). The soils shall also be moisture conditioned to within two (2) percent of optimum moisture content. During backfilling, the soils shall be tested by Grantee to confirm they meet or exceed the specified values stated herein, using a test method such as nuclear gauge testing. These tests shall be conducted at a minimum frequency of at least one (1) test every one hundred (100) linear feet of the trench and at least one (1) test every two (2) feet in trench depth. The above specifications shall also apply to the bore pit backfill, with at least one (1) test per every five thousand (5000) square feet, proportionally distributed, with at least one (1) test every one (1) foot in bore pit depth. Also, prior to any backfill being placed at the base, bottom or deepest point of the bore pit, a minimum of two (2) moisture density tests and soils excavation observation shall be performed. The testing and excavation observation shall confirm that the backfill is being placed on a firm and stable base, and any free-standing water, frozen soil and frozen material has been removed. Any free- standing water, frozen soil, frozen material, and soft or unstable areas of the base shall be mitigated prior to backfill placement in bore pit and trench. The testing and excavation observations shall be conducted daily throughout all bore pit and trench backfilling operations. Soils should be compacted using appropriate equipment such as vibratory sheepsfoot roller in clayey soils, or vibratory smooth drum roller in sandy soils. Backfill material should be compacted, moisture conditioned and processed in thin lifts not to exceed six (6) inches. NO SNOW, FROZEN SOIL, FROZEN MATERIALS or TRASH shall be allowed to be used as backfill. Prior to replacing the topsoil, the trench must be flooded with water. Upon completion of replacing the topsoil, and prior to placing the compost, Grantee shall rip the soil to a depth of twelve (12) inches but no more than fourteen (14) inches with an agricultural ripper. The Trench and temporary Easement must also be brought back to grade to adjoining land prior to disturbance caused by excavation. The Grantee shall provide the Grantor with written documentation from a professional engineer, licensed in the State of Colorado, indicating the tests and excavation observations conducted on the backfill meet or exceed the moisture density specifications shown above. All associated costs, testing and observations shall be documented and completed at no cost to Grantor. These specifications shall in no way relieve the Grantee from its contractual obligations and requirements as set forth in this Agreement. Further, the parties agree and understand that the double ditch method requirements set forth in this paragraph, shall also apply to any subsequent repair or maintenance work performed by Grantee within the Easement. In the event of settlement of the soil within the Easement within a period of three (3) years following the completion of the initial installation and construction of the Pipeline, Grantee shall, upon Grantors request, deliver additional clean topsoil to bring such settlement areas up to the grade of the adjoining land. Unless a greater depth is required by applicable law, rule, or regulation, the Pipeline shall be located within the Easement at a minimum of five (5) feet below the surface of natural ground measured from the top of the center of the Pipeline. Upon completion of initial construction and installation of the Pipeline, and following all subsequent Pipeline maintenance and repairs that require disturbance of the surface of the Easement Parcel, Grantee agrees to make reasonable efforts to remove stones that may be brought to the surface during Grantee's activities on the Easement Parcel whenever such stones are two and one-half (2 1/2) inches in diameter or larger. George M Tateyama 41518 CR 43 Ault, CO 80610-9536 February 26, 2019 Federal Energy Regulatory Commission Office of Energy Projects 888 First Street NE Washington, DC 20426 RE Pipeline Project Cheyenne Connector LLC Docket Number Number CP18-102 To Whom It May Concern, My attorney has informed me that my trench backfill stipulation has-been rejected by Tallgrass Tallgrass has NOT given me any information as to their trench backfill requirements over the pipeline In my situation the settlement of the trench is a deep concern because I must use a two (2) inch siphon tube amount of water running down a small furrow for almost a half (1/2) mile to irrigate the crop The trench cuts across at about a forty five (45) degree angle to the furrows More than a one (1) percent settlement can cost me many dollars in expense and can cause a water shortage for many years as experienced when the first FERC pipeline that was installed Also of concern is a sink hole which can be created by the enormous bore pits and/or receiving pits if not backfilled properly Heavy equipment such as tractors and harvesters worth a quarter (1/4) to three quarter (3/4) million dollars could be buried and/or damaged in the sink holes So far I haven't experienced as many problems in the last pipeline installed when the last pipeline company followed my trench backfill stipulations To me the backfill issue is vitally important since this is the largest trench and pipeline that will be possibly going through my property Backfill is the most important environmental impact I am concerned about! When I was able to achieve the feat running a two (2) inch siphon tube of water for almost a half (%) mile and reaching the end in four (4) hours, the available water was better utilized Prior to this achievement I was having trouble irrigating the crop once a week which is vitally important in our arid climate In our area the biggest influence on crop yield is irrigation technique I hope FERC will help me with this concern I am writing this comment before it is installed because it is very difficult and expensive to correct after it is installed My philosophy is, "Do it right the first time" Thank you for your time, George M Tateyama March 14, 2019 Weld County Commissioners My name is Leslie Peterson and I am writing to you in regard to the 71 mile project being proposed by the Cheyenne Connector Pipeline, USR18-0077. The tactic of Tallgrass has not been very ethical but that's life. I am one of 59 landowners that Tallgrass has filed for immediate possession of my farm and then Eminent Domain proceedings through the Weld County Courts. My hearing is set for the afternoon of March 27, 2019. I would encourage you to put the following restrictions on Tallgrass if you are forced to grant Tallgrass a permit. 1. Top soil separation 2. 6' of cover over the pipe and the use of Class 3 or better pipe due to the close proximity to already established homes. 3. Require shut off valves to be closer than 17 miles. 4. Be responsible that there is no restriction or loss of water in lateral transporting irrigation water and also runoff water. 5. Tallgrass access to and across the land be limited to the most direct route to the pipeline. 6. Any above ground structures shall be shown on a map attached to the right-of-way agreement for the safety of operation of the pipeline and should be compensated for such. 7. Adequate compensation for irrigated crop yields. It should recognize that crop yield loss will be for 3-7 years after construction of the pipeline. Compensation for crop loss would recognize that agricultural operations have significant fixed costs that do not cease just because a crop does not exist for 1 year. 8. Following construction of the pipeline, the land should be restored to its pre -construction state. 9. Compensation for pipeline should reflect the loss in value to adjoining property. 10. Since Tallgrass has decided to take us to Eminent Domain and has no desire to negotiate fairly with us, it causes a hardship for us as we are unable to make planting plans for 2019. We will need to know soon as crop planting dates begin approximately on April 15. They have told us they will require a permit through April 2020. That will not only jeopardize this year's planting but also the planting for 2020. I know this a long list of requests, but the majority of effects requested are for the safety of residents of Weld County. Sincerely, Leslie and Joan Peterson TALLGRASS �II� ENERGY PARTNERS CHEYENNE CONNECTOR PIPELINE, INC. Request for Continuance 03/20/2019 TO: Clerk of Weld County Board of County Commissioners 1150 O Street P.O. Box 758 Greeley, CO 80631 FROM: Cheyenne Connector Pipeline. Inc., Applicant 370 Van Gordon Street Lakewood, CO 80228 CASE NUMBER: USR-180777 Cheyenne Connector Pipeline, Inc. respectfully requests a continuance of its March 27. 2019 hearing on USR-180777 to May 8, 2019 at 10:30am. The May 8th date was carefully considered after discussions with Planning staff and Board of County Commissioners staff. We believe granting this continuance request will allow us to secure additional right of way for the project in advance of the hearing while also preserving our project schedule. We understand right of way acquisition is important to the Board, and while we have made good progress in acquiring right of way since our last Board hearing, we believe continuing the hearing to May 8th provides us the opportunity to secure the majority of the right of way prior to the hearing. A May 8th hearing will also allow us to meet the growing need of our customers to transport their natural gas produced in the DJ Basin to market. That said, it is important to note that any continuance beyond May 8th, may cause substantial disruption to the development of our project. Thank you for your attention to this matter and consideration. Sincerely. Shawn Bates Cheyenne Connector Pipeline, Inc. 370 Van Gordon Street Lakewood, CO 80228-1519 303.763.2950 Selena Baltierra To: Subject: Esther Gesick RE: Tall grass pipeline From: *dlarrl@netzero.net < dlarrl@netzero.net> Sent: Saturday, March 23, 2019 8:13 AM To: Esther Gesick <egesick@weldgov.com> Subject: Tall grass pipeline 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. Thank you for the opportunity to express my opinion. They have an attitude which is everything, but not reasonable. I recommend that you mandate better landowner respect and a smaller size pipe, say 24 inch. 36 inch diameter is too dangerous to the adjoining properties. Larry Lang 20807 CR 84 Ault Co. 303 517 1574 Our Hearts Go Out To Denzel Washington go.dedicatedoffers.com d ed icated offe rs . com http://thirdpartyoffers.netzero.net/TGL3242/5c963f177ef503f171806st04duc 4I 1 Selena Baltierra To: Subject: Esther Gesick RE: Tallgrass/Cheyenne Connector pipeline From: Sue Woods <smokey@what-wire.com> Sent: Sunday, March 24, 2019 2:48 PM To: Esther Gesick <egesick@weldgov.com> Subject: Tallgrass/Cheyenne Connector pipeline 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. After only one visit from Tallgrass/Cheyenne Connector approximately around March 2018 with other offers in the mail which stated "accept this offer or" eminent domain will be served with a smaller offer. This went on with each offer. We are not just a piece of land-- we tend, prepare, plant the soil for crops to sell or use our self in our business. Preparation doesn't just happen. You must plan a starting date and go to work. But we don't know how much land we will have to work with, so ordering fertilizer, seed and making sure we have enough water to raise a crop. So much held in limbo We also must think a about damages not only for this year but for the next 5 years, concerning damages of moisture in soil, compact use of large equipment on soil and the condition of the top soil when everything has been disturbed which will impact crop yield. Our family has worked hard over the past 80 years to get a good top soil so that erosion would be minimal. We are Not against the pipeline, BUT getting ran over with their bullying, narcistic attitude and their tactics of supremacy. Darryl and Sue Woods 1 Selena Baltierra To: Subject: Esther Gesick RE: landowner testimony for Wed, March 27 From: Marilyn Bay Drake <marilynbaydrake@gmail.com> Sent: Monday, March 25, 2019 10:32 AM To: Esther Gesick <egesick@weldgov.com> Cc: Bay Marvin & Millie <mbay@what-wire.com> Subject: landowner testimony for Wed, March 27 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. Hello Ms. Gesick, My father Marvin Bay asked that I send you his testimony concerning the Tallgrass permit application continued hearing to be held Wednesday morning. The testimony and a final offer document from Tallgrass are attached. Should you have questions, please contact him at 970.381.8300. Would you be so kind as to confirm you have received this email? Marilyn Bay Drake 1 March 27 testimony to Weld County Board of County Commissioners Marvin Bay J One week ago today I was in court answering a condemnation suit by Tallgrass The condemnation and immediate possession action was filed shortly after I and dozens of other Weld County land owners received a "last and final offer" from Tallgrass, dated two days after the County Commissioner's Dec 11, 2018 hearing where commissioners instructed Tallgrass to negotiate in good faith with landowners and secure the vast majority, if not all, right of way before requesting a permit from Weld County The condemnation demanded that I give them immediate possession of a strip of land through the middle of my sprinkler irrigated farm The order, if granted, would give them access to this land for construction until April 15, 2020 Construction will block irrigation of my 125 acre farm I will focus on one of the many myths that Tallgrass perpetuates every time they make a presentation They have told both the Weld County Planning Commission and the court that they are offering land owners three to seven times the appraised value for this tiny strip cutting through valuable land Even if we take their hired appraiser at face value this statement fails to meet the "smell" test My farm was appraised at $ 10,000 per acre in a hurried part of a mass appraisal They used their appraised value of $ 10,000 per acre to calculate my compensation of $ 38,800 for this strip of land through the heart of my farm which is 3 88 acres This appraisal is like me going to my neighbor and demanding that he sell me a strip of land through the middle of his property for a road The offer on my farm is for exactly $ 10,000 per acre It is less than 23 cents per square foot or $11 47 per running foot Tallgrass gets to the three to seven times value by adding limited damages to crops, access roads, temporary workspace, and bore pits The total final offer on my farm is $129,123 52, which according to Tallgrass methodology is 3 3 times the appraisal Please don't let them count damages as part of the right of way appraisal payment. The Saddle horn pipe through my property in winter of 2016 paid nearly double the Tallgrass final offer for a smaller oil pipeline (1/3 as big) and a 30 -foot easement Another DXP Pipeline on this farm was similar Tallgrass' damage per acre for 10 81 acres (easement plus construction area) of crop damage needs to be applied to 125 acres for one or two years If they are on my property until or after April 15, 2020, it is possible that we could lose two years of crop I have personal knowledge of other recent pipelines in the area which are paying from $ 50 to $100 per running foot for a 10 -foot easement and a 20" pipe This is $ 5 00 - $ 10 00 per square foot compared to my offer of 23 cents per square foot The Tallgrass pipe is a 36" high pressure gas line which is over 3 times as large, and the easement is 5 times larger I believe that Tallgrass' inability to obtain willing agreements arises from two major issues 1 Poor treatment of landowners as evidenced by early warnings not to use other pipelines in the area as comparisons and threats of condemnation They also show no respect for farmer's crop loss as they pay for small strips of crops while destroying the ability to irrigate entire farms In public meetings they promise to pay for additional damages but with the bad faith we have already seen these should be paid up front We are skeptical they will pay anything for extra damages and know we may have to go court to prove additional damages 2 Tall grass offers are far below prices paid for most pipelines in the area Land owners should not have to subsidize a for profit company I know that the Commissioners don't get involved in monetary issues but now this is the major issue affecting many landowners Also the landowners must have some leverage to change the easement language for the good of the entire county I request that the County Commissioners give Tallgrass the permit which only becomes effective if 1 Tallgrass receives The FERC permit and the authorization to proceed 2 Tallgrass has voluntarily signed a minimum of 95% of the remaining landowners and cancelled the condemnation action Tallgrass wants to have the full car but only pay for the engine so I propose to Tallgrass that you consider the total costs of the car and the risks of taking 50+ landowners to condemnation court I am in contact with most of the people that you are taking to court and I believe that if you would look at the market in the area you would find that a minimum of $ 200 per foot of pipeline would get nearly all if not all to sign quickly There are some landowners that don't want this pipeline under any circumstances I wanted to present this plan to tallgrass earlier but was never able to talk to a decision maker about it Mr Dick Sears did call me but I didn't have time to talk He promised to call me back but has not yet I know that Tallgrass must look at figures and weigh risks every day but I ask you to take another look You may have underestimated the resolve and commitment of these remaining landowners Here are my estimated figures for Tallgrass to consider I am sure you have better numbers than me but I know landowners $36 million 180,000 feet unsigned right of way in Weld County x $200 per foot $5 million Cost to Tallgrass of taking landowners to court $9-36 million Awards to landowners (range based on whether courts and Weld County juries use other pipeline easement rates in the area) $ 48 million If project is delayed one year (based on Tallgrass' number of $4 million per month) I think it is possible that some juries could award $ 300 per foot based on other pipeline prices and damage property Crop damage should be in addition to right of way purchases Tallgrass testified in court Wednesday that their cost per month of delay is around $4 million Even if there were no other costs to Tallgrass it would only take 6 - 9 months of operation to pay the landowners a low market price of $200 a foot I would ask the commissioners to craft a plan that would allow Tallgrass to proceed when the FERC is received and of 95% of right of way is obtained by voluntary signing I believe that if Tallgrass were toloffer that amount for the right of way plus crop damage, they would be would be ready to break ground on time Tallgrass, please consider the costs and risks of condemnation I am entirely supportive of oil and gas production I just don't think I should have to subsidize highly - profitable companies Thank you for your time in listening to this Marvin Bay EXHIBIT "A" CHEYENNE CONNECTOR PIPELINE, INC. PIPELINE EASEMENT PART OF E1/2 SEC 1, T 6 N, R 65 W, 6TH P•M WELD COUNTY, COLORADO CU-WE"912 009I JOHN D & CORO T H r JOHNSON CO -WE -911 GGO DWG = 81 a SOUTH LINE NORTH LINE -\ LOT D LOT D - EXEMPTION NO 0803 14 RE -4298 - RECEPTION NO 3737852 1,1 11 N 0711'49' 4! 2697 33 N 09 00'59' W 414 69 SW CUR _SE1/4 SOUTH LINE SEC I TEN R A N8 65W LOT D J 907'38' W POT N=1432398 77 E=3248675 41 1\ EAST LINE - SET/4 j l EAST LINE LOT D II ,-ATWS 51,019 SO FT N 0006'47 E 270 01 192292 POB_ 4 WCR 72 N=1429042 62 SE1 / E=3249077 7/ E -6) -WE -902,540 [ ROBERT COPELAND SFMENT CENTERUNF DESCRIPTION BEING A FIFTY (50) FOOT WIDE EASEMENT, TWENTY-FIVE (25) FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE, WHOSE S,DELINES EXTEND OR TRIM TO THE EDGES OF THE SUBJECT TRACT CROSSING A PART OF LOT D PER EXEMPTION NO 080.3-i -4 RE -4296 AT RECEPTION NO 3737852 AT THE OFFICE OF THE WELD COUNTY CLERK BEING PART OF THE EAST HALF (EI/2) OF SECTION ONE (1) TOWNSHIP SIX (6) NORTH, RANGE SIXTY-FIVE (65) WEST OF THE 6TH P M WELD COUNTY, COLORADO BEING MORE PARTICULARLY DESCRIBE() AS FOLLOWS COMMENCING (P 0 C) AT THE SOUTHEAST CORNER (SE COR) OF THE SOUTHEAST QUARTER (SEI/4) OF SAID SECTION ONE (1) THENCE NORTH 89 07 38" WEST ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER (SEI/4) OF' SAID SECTION A DISTANCE OF 727.36 FEET TO THE POINT OF BEGINNING (P 0 8 ) THENCE NORTH 00 06 47 EAST A DISTANCE OF 270 61 FEET THENCE NORTH 09 00 59" WEST, A DISTANCE OF 414 09 FEET THENCE NORTH_07 11'49" WEST, A DISTANCE OF 2 697 33 FEET TO THE NORTH LINE OF SAID LOT D BEING THE POINT OF TERMINATION (P Os) PIPEUIIE NAME CHEYEtINE CONNECTOR SECTION 1 TOWNSHIP 6 NORTH RANGE 65 WEST PARCEL NO CO -WE -911000 PROPERTY OWNER BAY FAMILY TPUST RECEPTION NO 3125570 I N 8907'38" WJ 127 36 z POC SE COR SE1/4 SEC 1 TEN R o5W GRAPHIC SC'lLL 0 400 a00 ( IN FEET ) 1 inch a 600 f R 65 W WCR 74 EASEMENT LOCATION WCR 72 LOCATION MAP NOT TO SCALE C. FW- DETAIL "A" 1WT To SCALE 15' 25 I25' 60 75 { �� al W W kJ tal WI u .9 w Z. N co 1 `Olt iz ow w I- 23 I- m N a3 WI I• n Pi P I -h $ I C1Z, W CC CI C- WjC TEI T 6 N NOTE'S, THIS EXHIBIT IS A PIPELINE ROUTE MD DOES NOT REPRESENT A TRUE BOUNDARY SURVEY LOCATIONS OF' UNDERGROUND PIPELINES AND UTILITIES SHOWN ARE APPROXIMATE, ACCORDING TO ABOVE GROUND EVIDENCE AND LOCATES PROVIDE° BY OTHERS UNIVERSAL SURVEYING & MAPPING L L C IS NOT RESPONSIBLE FOR THE ACCURACI OF SAID LOCATIONS THIS EXHIBIT WAS COMPLETED WITHOUT THE BENEFIT OF A ,7111E ABSTRACT THERE MAY BE EASEMENTS OR OTHER MATTERS OF RECORD THAT 'AFFECT THIS PROPERTY WHICH ARE NOT SHOWN HEREON OWNERSHIP INFORMATION PROVIDED BY OTHERS BEARING BASIS COLORADO STATE PLANE COORDINATE SYSTEM NORTH ZONE, HAD 83 ALL DISTANCES AND COORDINATES SHOWN ARE GRID' VALUES, DERIVED FROM GPS OBSERVATIONS USING WOS RTK NETWORK POC P09 POT A.TWS LEGEND PI POINT OF COMMENCEMENT POINT OF BEGINNING POINT OF TERMINATION ADDITIONAL TEMPORARY WORKSPACE { CENTERUNE LENGTH 3 382 63 FT CENTERLINE LENGTH 205 01 RODS PERMANENT EASEMENT 388 AC TEMP CONST WORKSPACE 5 76 AC ADD TEMP WORKSPACE, 1 17 AC REV DRWN BY CHK BY DATE 0 UJ SL ZF LM 11/09/17 08/07/18 CHEYENNE CONNECTOR PIPELINE, INC 370 Van cordo1 SI Ls,i 'vwo Co ROMS Pncno 0031753 2950 , dg,o. "cg,717.r„ f9, -r eOp PY EMERALD MOUNTAIN SURVEYS INC 7r TW5A5? lac 01,NO11T� 7,cw .1.4 - Sim" ER 1 074 • '�f 7 : aw r.JhJ',ww W%11.K,.10 7 lacrrGl7l.V}J,_ S wFq,l7 JOB NO '5815 --- — CALCULATBOP9 WORKSHEET 1 Date (Tract Number(s) ! landowner(s) Name 1 12/13/2018 CO WE -911 000 The Bay Family Living Trust RIGHT OF WAY PAID !Permanent Easement 1 'Temporary Workspace IATWS 388 5 76 1 17 (acres) (acres) (acres) $1000000 $2 000 00 x $2 000 00 = 538,800 00 $11 520 00 $2 340 00 TOTAL RIGHT OF WAY COMPENSATION $52,660 00 ACCESS ROADS & SURFACE SITES iPermanent Access Road !Temporary Access Road :Surface Site 1 1 x x $2 500 00 $0 00 $250000 $0 00 TOTAL ACCESS ROADS & SURFACE SITE COMPENSATION $2,500 00 CROP DAMAGES rCrop1 I 10 81 'Crop 2 1 Sugar Beets 52 (yield/acre) x 1st Year 2nd Year 3rd Year $4800 ($MP/yield), I 100% $26 981 76 67% _ $18 077 78 I 33% $8,903 98 ! (acres) (yield/acre) x Ist Year 2nd Year 3rd Year (SNIP/ yield) 100% 50 00 67% $0 00 1 33% 5000 TOTAL CROP DAMAGE COMPENSATION $53,963 52 MISCELLANEOUS DAMAGES & OTHER PAYMENTS ,Description Pre paid Damage Crops outside of pipeline work area that may be impacted by construction $20,000 00 Any additional damage invoiced must account for and show the use of these pre paid crop and damage figures TOTAL MISC DAMAGES & OTHER PAYMENT COMPENSATION $20,000 00 PAYMENTS GRAND TOTAL PAYMENT PER FT TOTAL $129,123 52 I $38 20 OWNERSHIP BREARDOWN FOR PAYMENTS GRAND TOTAL % Ownership = 100 00% % Ownership Grand Total — R $129,123 52 I 'Check Number landowner Agent Name 1 Selena Baltierra o: subject: Esther Gesick RE: Tallgrass Comments From: Iair60@what-wire.com <Iair60@what-wire.com> Sent: Monday, March 25, 2019 11:10 AM To: Esther Gesick <egesick@weldgov.com> Subject: Tallgrass Comments 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. Dear Honorable Weld County Commissioners, Thank you for your support of the oil and gas industry in Weld County. Your unwavering support has helped thousands of citizens not only in our county but throughout the state as our economy continues to grow and provide job opportunities. It has also lowered our taxes as enormous amounts of tax revenue have flooded into our state coffers. Even though our current leaders fail to understand this fact, it is clear that oil and gas are the leading source of income for our state. While we do support the industry and have benefited from it's activity, we now must voice our opinion regarding the proposed Tallgrass Pipeline that will run throughout Weld County. From the outset, our dealings with officials from Tallgrass have been somewhat tenuous. Their agents have failed to address our concerns on several occasions and have refused to face the fact that this proposal will devalue our property and place our family at risk if our concerns aren't stened to. We do realize that pipelines are necessary for the health of the industry, and that this pipeline will be built. But, ow much of our safety and property value will be compromised before Tallgrass is forced to answer these concerns? As longtime property owners in Weld County, we have participated in allowing other companies to purchase easements both above and below our property. At no time during our negotiations with prior companies, did we feel threatened and lied to. At no time did we receive an offer and then have it rescinded. At no time were we made to feel ignorant as it pertained to the compensation of said easements. And at no time were we ever threatened with "eminate domain" to get us to sign on the dotted line. But this has been Tallgrass' way of doing business. Their heavy handedness has brought a pall on the rest of the industry that will effect it for years to come. Throughout this process, Tallgrass has determined to undermine the work that other companies have accomplished in constructing their pipelines. We have learned the value of pipelines and their worth to the industry. We also know that the compensation paid to landowners is trending down according to industry studies, much to the delight of Tallgrass. We know that a 36" pipeline should be be compensated more than a 12" pipeline. Yet we are told, "those other companies overpaid you for their easements." Their easements are based on appraisals of only the effected pipeline width and or work area. We maintain and believe as other pipeline companies do, that the total easement should include our entire farm. This is because Tallgrass is bound and determined to build their pipeline during our growing season. They fail to understand how irrigation works in Weld County. They don't understand that center pivots are designed to cross over their pipeline during their operation. And if they don't, we will lose our entire crop. Our supply ditches will also be effected as our flood -irrigated fields are interrupted. So much of the delay in getting this pipeline built have centered on the fact that their timing is wrong. The other pipeline companies seem to understand this and build their pipelines during the Fall and Winter. During the construction, a pipeline of this size will displace a large volume of soil, Tallgrass fails to understand the geology of our soils, and that our part of our county has very thin soils. The subsoils are infertile and quickly turn to sand and gravel. If extreme care is not taken to return our soils to their proper balance our fertility is ruined. Thus, our property loses value. Our safety is also a concern. Part of the pipeline will be located within 600' to 800' of our residence. No extra care has been addressed regarding this, though we have been told that a thicker pipe could be used to decrease the blast area in the event of explosion. The blast zone of pipe of this size is 1000'. As yet, Tallgrass has not responded to this request. Throughout the history of oil and gas production in Weld County, the majority of the companies have dealt in good faith viith property owners. It would be shameful if Tallgrass is allowed to treat the citizens of Weld County with such contempt. But it doesn't have to be like this. Our desire would be able to work with a company like this, but only if they operate by the same rules and ethics that others have followed rather well. 1 Thank you for your service to our county and it's citizens Sincerely, Larry and Michelle Ehrlich 25041 CR 60 5 Greeley, CO 80631 2 1 86 'de DEMI MEMORANDUM To: Board of County Commissioners From: Kim Ogle, Planning Services Subject: Request for Continuance, USR18-0077 Date: March 27, 2019 The Department of Planning Services received a letter from the applicant's representative, Shawn Bates, Project Manager for Tallgrass Energy Partners, Cheyenne Connector Pipeline, Inc. dated March 20, 2019 requesting a continuance of this case, USR18-0077, a Site Specific Development Plan and Special Review Permit for a greater than 12 -inch high pressure natural gas pipeline approximately 70 miles long (36 -inch natural gas pipeline originating at the Kerr-McGee Lancaster Cryogenic Gas Plant USR12-0023, and terminating at the Rockies Express Cheyenne Hub, 1MUSR18-14-0017), in the A (Agricultural) Zone District The applicant is making this request such that additional rights -of -way (private easements) may be acquired prior to the Board of County Commissioners hearing. The current percentage of acquired easements is approximately 54% (fifty-four percent) of the total private lands and agency rights -of - way crossed by the proposed pipeline. Applicant indicates that a continuance will allow it to secure the majority of the right of way prior to the hearing. The applicant is requesting this case, USR18-0077 be continued until Wednesday May 8, 2019. Applicant indicates any continuance beyond May 8, may cause substantial disruption to the development of the project. On behalf of the applicant, we submit this request for consideration. SERVICE, TEAMWORK, INTEGRITY, QUALITY TALLGRASS e Request for Continuance 03/20/2019 TO: Clerk of Weld County Board of County Commissioners 1150 O Street P.O. Box 758 Greeley, CO 80631 FROM: Cheyenne Connector Pipeline, Inc., Applicant 370 Van Gordon Street Lakewood, CO 80228 CASE NUMBER: USR-180777 Cheyenne Connector Pipeline, Inc. respectfully requests a continuance of its March 27, 2019 hearing on USR-180777 to May 8, 2019 at 10:30am. The May 8th date was carefully considered after discussions with Planning staff and Board of County Commissioners staff. We believe granting this continuance request will allow us to secure additional right of way for the project in advance of the hearing while also preserving our project schedule. We understand right of way acquisition is important to the Board, and while we have made good progress in acquiring right of way since our last Board hearing, we believe continuing the hearing to May 8th provides us the opportunity to secure the majority of the right of way prior to the hearing. A May 8th hearing will also allow us to meet the growing need of our customers to transport their natural gas produced in the DJ Basin to market. That said, it is important to note that any continuance beyond May 8th, may cause substantial disruption to the development of our project. Thank you for your attention to this matter and consideration. Sincerely, Shawn Bates Cheyenne Connector Pipeline, Inc. 370 Van Gordon Street Lakewood, CO 80228-1519 303.763 2950 Selena Baltierra To: Subject: Esther Gesick RE: Tallgrass condemnations From: Barry Johnson <b pj79@yahoo.com> Sent: Tuesday, March 26, 2019 8:27 AM To: Esther Gesick <egesick@weldgov.com> Subject: Tallgrass condemnations 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. To the Weld County Commissioners: We are not going to comment on the specifics of Tallgrass vs. property owners. We have read and seen a lot of those details, and know others will speak to them very well. We want to speak to the principles. Our neighbors and friends have been suddenly thrown into an epic battle for private property rights against an unscrupulous and greedy pipeline company, Tallgrass—a huge company with more assets than most local governments. How can the individual fight against these millions without your help? At the same time, our own state government is at war with rural Weld County by relentless and unconstitutional overreach. (By the way, thank you for your brave and reasoned stand on the Red Flag bill.) We are not being dramatic when we say YOU ARE the wall of protection for freedom -loving individual citizens of Weld County. YOU ARE the ones to defend us from the out -of -control, powerful and unethical forces of both big government and big business. It seems your job now has become more important than any of us, maybe even more important than any of you ever thought it would be. But we believe it is just for "such a time as this" that each of you has been Providentially placed in your positions. only by your fearless leadership and daring action that we will hold on to the lives, livelihoods and fairness we love here in Weld County. Please approve the recommendations submitted to you by Marvin Bay. They are reasonable and fair, and they preserve the ability to both transport gas and farm at the same time. We are counting on you to have our backs.; we'll have yours as you fight this battle. It is time for courage. Be brave and make some history! Paula and Barry) Johnson 34998 CR 45 Eaton, CO 80615 Sent from Mail for Windows 10 1 Selena Baltierra To: Subject: Esther Gesick RE: Cheyenne Connector From: billjerke@aol.com <bill;erke@aol.com> Sent: Tuesday, March 26, 2O19 8:32 AM To: Commissioners <COMMISSIONERS@co.weld.co.us>; Steve Moreno <smoreno@weldgov.com>; Mike Freeman <mfreeman@weldgov.com>; Barbara Kirkmeyer <bkirkmeyer@weldgov.com>; Scott James <sames@weldgov.com>; Sean Conway <sconway@weldgov.com> Subject: Cheyenne Connector 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. Dear Commissioners, It has come to the attention of the FUEL board that you are hearing the Cheyenne Connector application tomorrow, Wednesday. The FUEL board is made up of natural resource leaders including mining, agriculture and oil and gas member companies. We know how important it is for Weld to have this vital link to markets for natural gas that will improve Weld operators ability to market their natural gas. We urge your support for the Cheyenne Connector! Thanks. Bill 970-371-2532 1 TALLGRASStII11 ENERGY PARTNERS C%yema Cream, LLC 370 Van Go4don Strut Labewood, Colorado SCCLe 303.76 3.2961 Site Specific Development Plan and Use By Special Review Weld County, Colorado Applicant: Cheyenne C ormector, L LC 370 V an G orlon Street. L ek ewo o4 Colorado 80 228 313.763.2981 Application Submitted: June 1, 2018 Weld CourtyP1siring end Z°rang 15 55 N. 17 .Avenue Greeley, Colorado 80631 lore District: AG;Fliaodplairc Yes; Geo]cgr Hazard: No; AsiportOvSayDistrict Ye. 1 PROJECT ACCESS ROAD DETAIL WELD COUNTY, COLORADO rst cc U 0 1000 2000 i "- 1000' 5308'± LINETYPES c#—cma:..r!. C. PROPOSED PtPF: INF PROPOSED BOREMDO PROPOSED PERT& ESMT c•ROP'OSE D T F ►P NC*tK 54 - PROPOSED A TAY PROPOSED FABRlGTIO. PROPOSED Ant, s ROAD SECTS LPN PROPERTY UNE CEi4T'RISE 0- ROAD FENCE CL PROPOSED 36' PIPELINE • ltilittifirrs7 Lancaster p• Meter Ste • F • *Ka 4 _.ww ., >� CHEYENNE CONNECTOR PIPELINE PROJECT ACCESS ROAD DETAIL 11111 USM U NI VIE PI Ath 216 WEST 6Th AVENUE ST1l t WATER, OK 74074 PHONE (4O51 372-0000 FAX (40bf 372-0002 018) Distribtn Airbus Ur HER CHEYENNE CONNECTOR PIPELINE, INC. 360 VAN GORDON ST. LAKEWOOD, CO. 8022S PHONE: (303) 980-6029 REVISIONS OATS IBY DE SCR 'En Or. DRANIN BY DRAW4 DA -E 04FCXF fl WV CRtO(ED DATE PLOT DATE BCA PRCUECTtow IMAGE DATE(S AFEE JAA 5/23/18 JLP 5/23/18 5/23/18 N.T.S C083 -NF 9/16 Dric a 5815 -AR -001 SHEET NO 001 OF 038 • Ma a a 100 PROJECT ACCESS ROAD DETAIL WELD COUNTY, COLORADO PROJECT ACCESS ROAD DETAIL WELD COUNTY, COLORADO 1CQCE NCO CI -I EVEN NE CON DEMUR FILM ACCESS FEND LIEIAL P1 TS.. tee' s/i a PROJECT ACCESS ROAD DETAIL WELD COUNTY, COLORADO ,Y. 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PfK1POSFC PPE_ NF PROPOSED BORE/HDO PROPOSED PERM ESWT PROPOSE- i) I E 4P NOR< SP( PROPOSED AT W.S PROPOSED FAARICA'1Ch PROPOSED AC,er49 ROAD 4 CTIN UNE PROPERTY UNE CENTFRIJIE OF ROAD FENCE CHEYENNE CONNECTOR PIPELINE PROJECT ACCESS ROAD DETAIL II LIM 218 WEST 8TH AVENUE STIl I WATFR, OK 74074 PHONE. (405) 372-0000 FAX (405) 372-0002 CHEYENNE CONNECTOR PIPELINE, INC. 360 VAN GORDON ST. LAKEWOOD, CO. 40228 PHONE: (303) 980-6029 REVISIONS DRAWN BY JAA DRAWN DATE 5/23/18 CHECKED HY JLP CIEGKED DATE 5/23/18 5/23/18 PLO' DATE SCALE N.T.S. WON C083 -NF SHEET NO 037 OF 038 N DATE CrfD In Laa n 3ESCRKrT ON ,MADE DATt4S1 9/16 AFEA r G It 5815 -AR -Q01 149 PROJECT ACCESS ROAD DETAIL 1000 2000 LINETYPES C. PROPOSED PPE.. WE PROPOSED BOW) PROPOSE -0 PER' ESMT PROPOSED T E now< SPC PROPOSED ATAG.S PROPOSED FABRICATION PROPOSED ArrESS ROAG sucnok _ 1st PROPERTY UNE CENTERLINE 0' ROAD FE►:Cr WELD COUNTY. COLORADO CHEYENNE CONNECTOR PIPELINE PROJECT ACCESS ROAD DETAIL 218 WEST 6TH AVENUE STIUWATER, OK 74074 PHONE (405) 372-0000 FAX" (4O5) 372-0002 150 WCR 128 CHEYENNE CONNECTOR PIPELINE, INC. 360 VAN GORDON ST. LAKEWOOD, CO. 80228 PHONE: (303) 980-6029 JAA 5/23/18 JLP 5/23/18 5/23/18 N.T.S. 0O83 -NF 9 16 038 OF 038 Date: March 27, 2019 To: Weld County Commissioners RE: Cheyenne Connector Pipeline Inc. aka Tallgrass The five things we want to bring to the Commissioners attention at this time are all related to the fact that Tallgrass has not and is not acting in good faith. First, they have filed 54-59 court cases requesting immediate possession from land owners and also filed the same number of cases for Condemnation of their property. This was done before either the Federal Energy Regulatory Commission (FERC) or the Weld County Commissioners have approved their project. In fact the comment period for interested parties to file with FERC does not end until April 1, 2019. Therefore, demanding immediate possession is premature. There is no assurance the project will be approved soon enough to delay cropping so farmers have insufficient time to plan and contract their 2019 crops. Second, Tallgrass has contracted and provided the courts with land value appraisals that, at least in our case, are invalid due to the location and production of those properties. The comparative properties their appraiser used are an average of 14 miles south of us and included odd shaped fields, waste land, n on irrigated areas and pasture areas. Tallgrass gave us an offer based on the average appraised values o f those properties of $6,623/acre. They did not include in their appraisals 3 recent farm sales within 4 miles of our property that were similar in use and productivity. The average recorded sales of those properties was $24,806/acre. We are waiting for copies of 2 more sales within 3 miles that will increase that per acre sale value. The appraisals that Tallgrass presents are deceptive as representation of our lands value and another example of Tallgrass not dealing with landowners in good faith. Third, Tallgrass has contracted with 3 ditch companies we are related to with contracts stating: "Installation of the line...shall occur during a time period when the ditch is not being used to carry water". Again, evidence that Tallgrass can not complete this project until after irrigation water for the 2019 irrigating season is concluded. Tallgrass proceeding with construction on other parts of the e asement prior to the time designaed to begin constructing under the irrigation ditch contracts would create a situation where fields not in easement corridor could not be accessed for daily agricultural o perations including irrigating and waste water removal. Therefore, their demands for immediate possession are premature even though some landowners have already faced immediate possession hearings and the rest of us are waiting for our court dates. Fourth, Tallgrass has stated in the immediate possession hearings that took place last week and to us personally that they will pay for crop damages after the project is completed. Due to the communication we have had with Tallgrass up to this date, we do not feel that we will be compensated for our loss fairly. We will again have to retain legal representation and wait for court decisions. We have provided Tall grass with FSA maps and last year's receipts for the crops that will be lost. They agreed but there was no crop damage or loss offered in our Last and Final offer before Condemnation. Again Tallgrass did not act in good faith. Fifth, We asked Tallgrass to state in our contract that this pipeline would be used for Natural Gas only. They stated emphatically that they could not do that. However, when it became necessary under law for the pipeline to be a Natural Gas pipeline only to provide them authority to file for condemnation and immediate possession they formed another Corporation stating they were constructing a Natural Gas Pipeline. They stated at the immediate possession hearing last week under oath that the corporation was lawful because it was made up of 3 investors. Their testimony was that 99.8% held by the current corporation with 2 other entities owning .01% each. Because a legal corporation was created solely to provide legal authority to file eminent domain was yet another example of their not being willing to negotiate with landowners in good faith. Therefore, we are asking the Weld County Commissioners to stipulate that Tallgrass must: 1. Tallgrass must obtain 95% VOLUNTARY EASEMENTS from landowners. 2. Tallgrass can not go over or under and irrigation ditches during 2019 irrigation season. 3. Tallgrass can not construct during crop growing season. It will interfere with access to and drainage of irrigation and rainfall waters. 4. Tallgrass must acknowledge and accept land values of like properties in the immediate area of the easement they are taking. 5. Tallgrass must honor their contract language and not construct on ditch easements until the end of the 2019 irrigation season. 6. Tallgrass must pay crop damages in advance of their crossing of any productive lands. 7. Talgrass must negotiate in good faith as the corporation that the proiect originals filed under. Thank you for your consideration. Gerald L and Janet M. Roth 32100 County 49, Greeley, Co Selena Baltierra From: Sent: To: Subject: elder@what-wire.com Tuesday, March 26, 2019 12:01 PM Selena Baltierra Comments on Cheyenne Connector 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. Casey Elder, Trustee of the Gene Elder Trust section 4 T7N65W Submitting comments for the Weld County Commissioners in reference to the Cheyenne Connector pipeline. The first interaction we had with Tall Grass was when their landman Susan came to our yard and in speaking to my wife, Lisa, she made an offer around $10 a foot and said they would condemn us. She boasted about how knowledgable she was and how many years she had in the business. Susan did not care about our land or desires in working together, just talked about herself. She came back one other time and spoke to me with the same offer I declined and told her Tall Grass was incredibly low and I presented the information I had about the deal we had with Saddlehorn just two years ago. Communication ended with her and started then with the landman Bradley Allen in October. We presented to Bradley how frustrated we were with Susan and her approach and explained to him, like we did Susan, what we thought was reasonable. We let him know we thought that price with Saddlehorn was fair ($97 a foot) but we said we would take $80 a foot due to less crop damage with this line and then we could start talking from there about the language of surface issues and a contract, even though this pipeline is bigger, more dangerous, and property values and taxes have increased. Tall Grass said previous transactions with other pipelines do not set the market and they then did an appraisal that came in at $8.19 a foot. I had at least four lengthy conversations with Bradley that went in circles. Him arguing previous pipelines don't set the market and I saying they do and their appraisal was rediculous. In the beginning of January they made their final, best and last offer of $45 a foot. We had a conference call with him and our attorney Tony Mello that was lengthy and went no where and we stuck to $80 a foot. The last time we spoke to Bradley was February 28th when we told him we would take $65 a foot if we could start talking about language so we made sure irrigation ditches on our farm got bored not cut through, no above ground structures and at least a five foot depth to the top of the pipe was guarenteed; things Saddlehorn readily agreed to. Bradley conveyed it was too expensive and too late to agree to any of this and their engineers were too busy to deal with any of this now. He took our price to Tall Grass and a couple days later he let us know they rejected it and were planning to condemn. We got a condemnation lawyer and accepted service March 8, 2019. Tall Grass is supposed to negotiate in good faith with Landowners, we feel they have not. 1 Selena Baltierra To: Cc: Subject: Esther Gesick; Marvin and Millie Bay Kim Ogle; Tom Parko Jr.; Jessica Reid RE: Proceed with Tallgrass hearing On Mar 27, 2019, at 7:15 AM, Marvin and Millie Bay <mbay@what-wire.com> wrote: Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize tl sender and know the content is safe. Good morning Esther, I believe a great many if not all landowners want to continue with the Tallgrass hearing. This is just a heads up for the commissioners. We must make farming decisions now and we don't know if our farms will be disrupted this summer. This request from Tallgrass is just another example of their disregard for landowners in Weld county. I request the county commissioners to proceed with the hearing, not continue it. It is nearly planting time and we need certainty about 2019 crops. 2. We ask the commissioners to issue the permit with a major restrictions. A. The permit will not valid until Tallgrass obtains a minimum of 95 `)/0 of the remaining landowners by Voluntary means, Not Condemnation. B. Proper construction and restoration of the land is a must. Soil structure, contour,proper soil compaction in the trench refill,surface soil compaction correctly mitigated. Uninterrupted water flow to and from fields. C. Other restrictions should be added as landowners testify. Thank you for your help. Marvin Bay Esther Gesick From: Sent: To: Cc: Subject: Hello Mr. Cecil, Esther Gesick Wednesday, March 27, 2019 10:43 AM greg cecil Kim Ogle; Tom Parko Jr.; Selena Baltierra; Jessica Reid; Bob Choate; Commissioners; Esther Gesick RE: Comments for todays Tallgrass hearing The hearing for this case is currently in process. By copy on this message, I am supplying your comments to the Commissioners, Assistant County Attorney, case Planner, and other clerical staff to ensure it is included in the file as an Exhibit and available for the Commissioners to review. 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. From: greg cecil <gregcecil78@gmail.com> Sent: Wednesday, March 27, 2019 10:38 AM To: Esther Gesick <egesick@weldgov.com> Subject: Re: Comments for todays Tallgrass hearing 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. My attorney asked that I make some changes to my earlier letter. Can I submit this letter instead? Thanks, Greg Cecil March 25, 2019 To the Board of Weld County Commissioners: My name is Greg Cecil. My parents Vernon and Roberta Cecil and siblings/spouses own and operate Cecil Farms, LP in northern Colorado. Our 134 acre farm is along HWY 34, across from the Town of Kersey. We met with a representative of Tallgrass Energy early in 2018 at the property mentioned above. At that meeting we explained that for many years we had been planning on annexing this property into the Town of Kersey. Past and current city manager(s) and town council members have encouraged us to do this as they think this property would be an important component to the 1 future growth of Kersey. We signed the annexation agreement on October 18, 2018, and are currently planning the development in cooperation with the Council and Administration of the Town of Kersey. Tallgrasses first offer was for $13 per foot for a permanent 50' easement. Does this sound like a company who has any interest in entering into fair and just negotiations? Right from the beginning we asked the Tallgrass representative if there would be any flexibility in the placement and depth and type of pipeline, we were told no. We asked to meet with Tallgrass engineers or management. That has never happened. We met with the appraiser Tallgrass hired before he started his appraisal and explained we were well into the process of annexing into the Town of Kersey, and that the farm would be a mix of commercial, light industrial, and possibly residential lots. In November 2018 we received an offer for $46 per foot that was based on his appraisal. The total offer was for $116,728, that will come nowhere near covering the costs of having a 50' x 2,544' (127,195 sf) easement through a mixed development. At an extremely low price of $5.00 per foot for commercial land, that is a value of $635,976. We will also have to account for the impact radius (estimated to be 1,000'), the depth of the pipeline with our utilities and roads and the grading that is going to be required for flood management control. It could be reasonably argued that this pipeline could cost our family over a million dollars in hard and opportunity costs. At the November 6 Weld County Planning Commission meeting it was stated by a Tallgrass representative that they were planning on using heavier duty pipe on a piece of commercial land. We would ask that a condition of the permit be that the heaviest class of pipe be buried 5' deep through this commercial property. Bottom line, we are being asked to accept a figure that is going to fall hundreds of thousands of dollars short of our expenses. Tallgrass is expecting us to subsidize their for profit pipeline, and using the strong-arm tactics of "statutory authority to obtain the Easements through eminent domain proceedings" With so many unknown ramifications of having a large high pressure gas line going through commercial and light industrial property that we will have to deal with in the future, it makes the property more of a liability than an opportunity. We didn't ask for this pipeline, and just expect to be treated respectfully and fairly. Greg Cecil, Partner, Cecil Farms, LP On Wed, Mar 27, 2019, 8:21 AM greg cecil <gregcecil78@gmail.com>wrote: Good Morning. Please find attached a letter from Cecil Farms, LP that I would like included in the comments on the Tallgrass hearing scheduled for this morning. I will be attending, and will have hard copies with me as well. Thank -you, Greg Cecil 2 After the December 12th, 2018 Weld County Commissioners meeting I was hoping that possibly Tallgrass would negotiate in good faith to get a high percentage of landowner agreements settled. Instead the next week I received a letter dated December 13th headlined " Final written offer prior to commencing an eminent domain action", with the still pennies on the dollar offer and one sided contract. Currently I believe that there are over 50 landowners that Tallgrass is taking to court to get immediate possession and continue with the eminent domain proceedings. I would ask the commissioners to approve a Weld County permit, if, AND ONLY IF,: 1. Tallgrass gets a high percentage (95%?) of VOLUNTARILY (not through condemnation) signed landowner agreements. 2. Subject to Tallgrass receiving their FERC permit. 3. That no above ground appurtenances be allowed in farming area- only safety items in fence row next to county highway. These should be mapped and agreed to (in writing) prior to any construction. 4. That crop losses and damages because of an inability to irrigate should be prepaid before any construction begins, while having Tallgrass remain liable for subsequent soil remediation, and crop losses if there are incursions on the easements. There are probably other conditions that other landowners have, but these would be MY highest priority. Thank you for your consideration, Tom Karlberg Letter to Weld County Commissioners, March 27, 2019 from Tom Karlberg Selena Baltierra From: Sent: To: Subject: janet roth <janetroth_9@hotmail.com> Wednesday, March 27, 2019 12:26 PM Selena Baltierra Continuance 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. I reference to Mr Sears statement of having ditch crossings. We have 3 in place with following language "installation of the line... shall occur during a time period when the ditch...., Please see exhibit ad. Thanks Sent from my iPhone 1 Selena Baltierra From: Sent: To: Subject: Jan <ejbarsch@aol.com> Wednesday, March 27, 2019 11:16 AM Selena Baltierra Blackstone to take controlling stake in Tallgrass Energy for $3.3 billion Article [AMP] Reuters 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. https://urldefense.proofpoint.com/v2/url?u=https- 3A mobile.reuters.com_article_amp_idUSKCN1PP1IL&d=DwICAg&c=A8J9jb3_ClsSlatombgkDA&r=t8pi2xssmWSgJ9gM dOREgH8n4QrK6L5mOWImUHKgAt4&m=xTxoXyy3dZhUC5xxEstrnPnxrkBHE5vHLfmwbB8JZr8&s=Eef0XyW3KDoGWm0Sx vx_LYCIV3nnFasb2rF9HSLuzfY&e= Sent from my iPhone 1 Selena Baltierra To: Subject: Esther Gesick RE: TallGrass Original Message From: Charles Popa <americanlandowners@gmail.com> Sent: Wednesday, March 27, 2019 9:47 AM To: Esther Gesick <egesick@weldgov.com> Subject: TallGrass 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. My company represents a large group of landowners affected by TallGrass. We 100% support Marvin Bay and his group decision. We vote Yes! Charles M Popa 1 20190402-5176 FERC PDF (Unofficial) 4/2/2019 3:04:58 PM 1ALLGRASSA ENERGY 4200 W. 115th Street Suite 350 Leawood, KS 66211 April 2, 2019 Federal Energy Regulatory Commission Docket Branch, Room 1 A 888 First Street, N.E. Washington, D.C. 20426 Attention: Kimberly D. Bose, Secretary Re: Cheyenne Connector Pipeline Project Docket No. CPI 8-102-000 Ladies and Gentlemen: On March 5, 2018, in Docket No. CP 18-102-000, Cheyenne Connector, LLC ("Cheyenne Connector") filed with the Federal Energy Regulatory Commission ("Commission") an application requesting a certificate of public convenience and necessity ("Certificate") authorizing Cheyenne Connector to construct, own, and operate a new interstate natural gas pipeline system located in Weld County, Colorado, as well as other related authorizations. This project is referred to collectively as the "Cheyenne Connector Pipeline Project." As it explained in its application, Cheyenne Connector requested a Certificate by February 28, 2019, in order to meet an anticipated in-service date of October 2019. While the issuance of a Certificate has been delayed due to unanticipated extensions to the public comment period for the Commission's environmental assessment ("EA"), Cheyenne Connector respectfully urges the Commission to issue a Certificate as soon as possible to avoid any further delays and with the hope that the Cheyenne Connector Pipeline Project may still meet an anticipated in-service date of October 2019. There is no reason for further delay. Although certain commenters have asked the Commission to delay issuing a Certificate for the Cheyenne Connector Pipeline Project until after a hearing for a local Weld County special use permit, none of the reasons offered for delay of the Certificate has merit. In fact, each of these issues has been considered by the Commission in its environmental analysis. The Commission should therefore decline any invitation to further delay the Cheyenne Connector Pipeline Project and issue a Certificate to Cheyenne Connector as 20190402-5176 FERC PDF (Unofficial) 4/2/2019 3:04:58 PM soon as possible consistent with Cheyenne Connector's requested timeline and anticipated in- service date. Islander E. Pipeline Co., 102 FERC ¶ 61,054, at P 97 o ("Whenever possible, the Commission tries to process an application for a ro osed pipeline within p p p the time frame requested by the applicant."). The Commission's staff has prepared a thorough EA that analyzes the environmental Cheyenne Y impacts of the Che y e Connector Pipeline Project. Cheyenne Connector Pipeline and Cheyenne Huh Enhancement Projects Environmental Assessment, December 2018. The EA includes a series of recommended mitigation measures that are designed to militate � any potentially significant environmental impacts from the proposed and ensure that project the project is constructed in an environmentally responsible manner. EA at 130-138. Many of the landowner concerns that have been raised before the Commission and would be addressed by any Weld County special use permit have been addressed in the EA. Before starting construction, Cheyenne Connector will be required to file with the Commission "detailed alignment maps/sheets and aerial photographs... identifying all route realignments or facility y relocations and staging areas, pipe storage yards, new access roads, and other areas that would be used or disturbed and have not been previously identified in filings with the Secretary." EA at 131, ¶ 5. Notably, Cheyenne Connector will be required to prepare and obtain the Commission's approval of "an Agricultural Impact Mitigation Plan in consultation with the Platte Valley and West Greeley Conservation Districts that identifies the measures to be used by Cheyenne enne Connector to avoid damage to agricultural resources, compensate landowners for damage to crops or lost production, and to monitor the success of the mitigation." EA at 136, ¶ 18. See also EA at 55-57 (addressing specific landowner concerns of pipeline construction on agricultural lands and explaining why, with the implementation of the Agricultural Impact g p Mitigation Plan, impacts to agricultural land "will not be significant.").' The Commission and courts have made clear that "[a]ny state or local permits issued with respect to the jurisdictional facilities. . . must be consistent with the conditions of [the Commission's] certificate" and that state and local laws may not "unreasonably delay the construction of facilities approved by this Commission." Gulf Crossing Pipeline Co. LLC, 127 FERC ¶ 61,299, at P 20 (2009) (citing Schneidewind v. ANR Pipeline Co., 485 U.S. 293); Dominion Transmission, Inc. 143 FERC ¶ 61,054, at P 113 (2013) ("[S]tate and local regulations are preempted by the NGA to the extent they conflict with federal regulation, impose conditions above the federal requirements, or would delay the construction and operation of facilities."); see also Dominion Transmission, Inc. v. Summers, 723 F.3d 238, 245 (D.C. Cir. 2013 (same). And while the Natural Gas Act envisions that Cheyenne Connector may avail itself of eminent domain authority under Section 7(h) of the NGA (EA at 131) thereby recognizing that pipeline rights -of -way are often acquired after the issuance of a Certificate Cheyenne Connector also has the option to obtain authorization for its required right-of-way through voluntary agreement or state eminent domain procedures. In fact, Cheyenne Connector has so far reached voluntary agreement with 74 of 133 landowners. Cheyenne Connector is prepared to file its Agricultural Impact Mitigation Plan, along with its Implementation Plan, immediately upon receipt of a Certificate for review and approval of the Director of the Office of Energy Projects, as contemplated in the EA. EA at 136, ¶ 18. 20190402-5176 FERC PDF (Unofficial) 4/2/2019 3:04:58 PM Moreover, as of the date of this letter, the Weld County District Court has granted favorable rulings on Cheyenne Connector's first nine condemnation proceedings under state law. See, Weld County District Court, Case No.'s 2019 CV 30076, 30120, 30122 30056, 30057, 30065, 30078, and 30079. More specifically, to date, the court has granted all of Cheyenne Connector's motions for immediate possession despite the lack of Weld County development permits, expressly noting that Colorado law does not require a condemning authority to demonstrate it has obtained development permits as a condition precedent to condemnation. Moreover, contrary to the allegations of certain landowners, the court expressly found that Cheyenne Connector negotiated in good faith for the acquisition of the subject property prior to filing the state condemnation action. Cheyenne Connector expects the court will issue similar rulings on the remainder of its state condemnation actions for the Cheyenne Connector Pipeline Project. In short, none of the concerns raised through public comments justify additional delay in the issuance of the Commission's Certificate. Any further delay in issuing the Certificate would impede Cheyenne Connector's ability to complete construction this summer and frustrate its ability to meet its anticipated in-service date of October 2019. Delay in light of Weld County's continuance of a local permit hearing also would undermine the Commission's exclusive jurisdiction to consider interstate pipeline projects such as the one proposed by Cheyenne Connector. We appreciate the Commission's consideration of Cheyenne Connector's application, and request that it be approved. ectfully sud. istopher Executive V Tallgrass En dent, General Counsel and Secretary Counsel for Cheyenne Connector, LLC Selena Baltierra To: Subject: Esther Gesick RE: Tall Grass From: Mike Olearnick <olearnickauctions@yahoo.com> Date: April 1, 2019 at 4:04:31 PM MDT To: "mfreeman@weldgov.com" <mfreeman@weldgov.com> Subject: Tall Grass 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. Hello Mike, Thank you very much for voting as you all did at the Tall Grass hearing. Wanted to let you know so you don't get blind sided that we just spent the day in court on immediate possession, and Tall Grass representatives testified that they were going forward with the project despite the commissioners ruling. Our lawyer argued that their motion for immediate possession made no sense because of your ruling, but judge Todd Taylor thought Tall grass was in the right. Very frustrating because I thought the commissioners were elected to have jurisdiction over what goes on in this County. Thanks for all you do. Just wanted to let you know what I experienced today so it wasn't a surprise to you. Thanks Mike 1 Selena Baltierra To: Subject: Esther Gesick RE: Tallgrass(Cheyene Connector) On Apr 3, 2019, at 6:08 PM, Ron and Marsha Baker <rmbaker@what-wire.com> wrote: 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. Dear Commissioners, Please see attached letter from Cheyene Connector pipeline to FERC. It's is evident that they intend to bypass the special review permit from Weld County completely. Welcome to our world of negotiating in good faith with Tallgrass. Just an observation on my part from our immediate possession court case on Monday of this week. There were 2 younger gentlemen sitting in the back row. Do not think either one was a landowner -too young (just look at the age of farmers at the hearings), I know that one of them is a land man for DCP Midstream. Just guessing the other was with another pipeline company. I asked the DCP land man why his interest in our possession trial he said that with the Senate bill on oil and gas, his work has been slow and his boss said to kill some time and go to the trial. Couldn't be that they are planning their next moves for future pipelines if Tallgrass is successful in their landowner negotiations could it? With the recent changes in pipeline permitting in Weld County, will landowners will have their voices heard similar to what has taken place thus far with Tallgrass? If Tallgrass is successful in their tactics, they could be the fracture that causes an avalanche of future pipeline company/landowner conflicts. Once again, thank you for listening. Ron Baker <Scan.pdf> 1 20190402-5176 FERC PDF (Unofficial) 4/2/2019 3:04:58 PM TALLG RASS#� 4200 W. 115th Street Suite 350 Leawood, KS 66211 April 2, 2019 Federal Energy Regulatory Commission Docket Branch, Room l A 888 First Street, N.E. Washington, D.C. 20426 Attention: Kimberly D. Bose, Secretary Re: Cheyenne Connector Pipeline Project Docket No. CP18-102-000 Ladies and Gentlemen: On March 5, 2018, in Docket No. CP18-102-000, Cheyenne Connector, LLC ("Cheyenne Connector") filed with the Federal Energy Regulatory Commission ("Commission") an application requesting a certificate of public convenience and necessity ("Certificate") authorizing Cheyenne Connector to construct, own, and operate a new interstate natural gas pipeline system located in Weld County, Colorado, as well as other related authorizations. This project is referred to collectively as the "Cheyenne Connector Pipeline Project." As it explained in its application, Cheyenne Connector requested a Certificate by February 28, 2019, in order to meet an anticipated in-service date of October 2019. While the issuance of a Certificate has been delayed due to unanticipated extensions to the public comment period for the Commission's environmental assessment ("EA"), Cheyenne Connector respectfully urges the Commission to issue a Certificate as soon as possible to avoid any further delays and with the hope that the Cheyenne Connector Pipeline Project may still meet an anticipated in-service date of October 2019. There is no reason for further delay. Although certain commenters have asked the Commission to delay issuing a Certificate for the Cheyenne Connector Pipeline Project until after a hearing for a local Weld County special use permit, none of the reasons offered for delay of the Certificate has merit. In fact, each of these issues has been considered by the Commission in its environmental analysis. The Commission should therefore decline any invitation to further delay the Cheyenne Connector Pipeline Project and issue a Certificate to Cheyenne Connector as 20190402-5176 FERC PDF (Unofficial) 4/2/2019 3:04:58 PM soon as possible consistent with Cheyenne Connector's requested timeline and anticipated in- service date. Islander E. Pipeline Co., 102 FERC ¶ 61,054, at P 97 ("Whenever possible, the Commission tries to process an application for a proposed pipeline within the time frame requested by the applicant."). The Commission's staff has prepared a thorough EA that analyzes the environmental impacts of the Cheyenne Connector Pipeline Project. Cheyenne Connector Pipeline and Cheyenne Hub Enhancement Projects Environmental Assessment, December 2018. The EA includes a series of recommended mitigation measures that are designed to militate any potentially significant environmental impacts from the proposed project and ensure that the project is constructed in an environmentally responsible manner. EA at 130-138. Many of the landowner concerns that have been raised before the Commission and would be addressed by any Weld County special use permit have been addressed in the EA. Before starting construction, Cheyenne Connector will be required to file with the Commission "detailed alignment maps/sheets and aerial photographs... identifying all route realignments or facility relocations and staging areas, pipe storage yards, new access roads, and other areas that would be used or disturbed and have not been previously identified in filings with the Secretary." EA at 131, ¶ 5. Notably, Cheyenne Connector will be required to prepare and obtain the Commission's approval of "an Agricultural Impact Mitigation Plan in consultation with the Platte Valley and West Greeley Conservation Districts that identifies the measures to be used by Cheyenne Connector to avoid damage to agricultural resources, compensate landowners for damage to crops or lost production, and to monitor the success of the mitigation." EA at 136, ¶ 18. See also EA at 55-57 (addressing specific landowner concerns of pipeline construction on agricultural lands and explaining why, with the implementation of the Agricultural Impact Mitigation Plan, impacts to agricultural land "will not be significant.").' The Commission and courts have made clear that "[a]ny state or local permits issued with respect to the jurisdictional facilities. . . must be consistent with the conditions of [the Commission's] certificate" and that state and local laws may not "unreasonably delay the construction of facilities approved by this Commission." Gulf Crossing Pipeline Co. LLC, 127 FERC ¶ 61,299, at P 20 (2009) (citing Schneidewind v. ANR Pipeline Co., 485 U.S. 293); Dominion Transmission, Inc. 143 FERC 1161,054, at P 113 (2013) ("[S]tate and local regulations are preempted by the NGA to the extent they conflict with federal regulation, impose conditions above the federal requirements, or would delay the construction and operation of facilities."); see also Dominion Transmission, Inc. v. Summers, 723 F.3d 238, 245 (D.C. Cir. 2013 (same). And while the Natural Gas Act envisions that Cheyenne Connector may avail itself of eminent domain authority under Section 7(h) of the NGA (EA at 131) — thereby recognizing that pipeline rights -of -way are often acquired after the issuance of a Certificate — Cheyenne Connector also has the option to obtain authorization for its required right-of-way through voluntary agreement or state eminent domain procedures. In fact, Cheyenne Connector has so far reached voluntary agreement with 74 of 133 landowners. Cheyenne Connector is prepared to file its Agricultural Impact Mitigation Plan, along with its Implementation Plan, immediately upon receipt of a Certificate for review and approval of the Director of the Office of Energy Projects, as contemplated in the EA. EA at 136, ¶ 18. 20190402-5176 FERO PDF (Unofficial) 4/2/2019 3:04:58 PM Moreover, as of the date of this letter, the Weld County District Court has granted favorable rulings on Cheyenne Connector's first nine condemnation proceedings under state law. See, Weld County District Court, Case No.'s 2019 CV 30076, 30120, 30122 30056, 30057, 30065, 30078, and 30079. More specifically, to date, the court has granted all of Cheyenne Connector's motions for immediate possession despite the lack of Weld County development permits, expressly noting that Colorado law does not require a condemning authority to demonstrate it has obtained development permits as a condition precedent to condemnation. Moreover, contrary to the allegations of certain landowners, the court expressly found that Cheyenne Connector negotiated in good faith for the acquisition of the subject property prior to filing the state condemnation action. Cheyenne Connector expects the court will issue similar rulings on the remainder of its state condemnation actions for the Cheyenne Connector Pipeline Project. In short, none of the concerns raised through public comments justify additional delay in the issuance of the Commission's Certificate. Any further delay in issuing the Certificate would impede Cheyenne Connector's ability to complete construction this summer and frustrate its ability to meet its anticipated in-service date of October 2019. Delay in light of Weld County's continuance of a local permit hearing also would undermine the Commission's exclusive jurisdiction to consider interstate pipeline projects such as the one proposed by Cheyenne Connector. We appreciate the Commission's consideration of Cheyenne Connector's application, and request that it be approved. pectfully su itt�d, istopher Executive V Tallgrass En dent, General Counsel and Secretary Counsel for Cheyenne Connector, LLC Selena Baltierra To: Subject: Karla Ford RE: Tallgrass Original Message From: Jan <ejbarsch@aol.com> Sent: Wednesday, April 17, 2019 3:18 PM To: BOCC <BOCC@co.weld.co.us> Subject: Tallgrass 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. Tallgrass has stepped up and negotiated a fair price to use our farm for their pipeline and worked with us Respectfully, Ed and Jan Schmidt Sent from my iPhone 1 Selena Baltierra To: Subject: Karla Ford RE: Tallgrass - Cheyenne Connector Pipeline From: George Padgitt <George@landownerattorneys.com> Sent: Wednesday, April 17, 2019 3:28 PM To: Karla Ford <kford@weldgov.com> Cc: Mike Freeman <mfreeman@weldgov.com>; Scott James <sjames@weldgov.com>; Barbara Kirkmeyer <bkirkmeyer@weldgov.com>; Sean Conway <sconway@weldgov.com>; Steve Moreno <smoreno@weldgov.com> Subject: Tallgrass - Cheyenne Connector Pipeline 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. All, My name is George Padgitt, and I am an attorney representing many landowners that are affected by the Tallgrass Cheyenne Connector Pipeline. I am writing to make a positive comment about Tallgrass and the pipeline project. There have been issues in the past, but Tallgrass has been very good to work with over the past few weeks in an effort to reach resolution here. We are at a point where we have virtually all of our landowners in agreement with Tallgrass in terms of settlement on compensation. Tallgrass has also been very willing to work out individual fixes for problems our landowners are facing, and Tallgrass has committed to working with our landowners throughout the construction process to make things go as smoothly as possible. At this point, we are very happy with our relationship with Tallgrass and their efforts to make this work. I appreciate your consideration. Thank you. George Padgitt, J.D. SEVER STOREY Landowner Attorneys GEORGE PADGITT Attorney at Law georgetvlandownerattorneys.com t 614.360.2818 ti 888.318.3761 1317.575.9943 IN office 881 3rd Ave SW Ste 101, Carmel IN 46032 OH office. 655 Metro Place South Ste 600, Dublin OH 43017 landownerattorneys.com eminent domain attorneys representing landowners nationally CONFIDENTIALITY NOTICE: This message is confidential, intended only for the named recipient(s) and may contain information that is privileged, attorney work product or exempt from disclosure under applicable law. If you are not the intended recipient(s), you are notified that the dissemination, distribution or copying of this message is 1 TALLGRASS ENERGY PARTNERS CHEYENNE CONNECTOR PIPELINE, INC. April 19, 2019 Esther Gesick Clerk to the Board Weld County Board of County Commissioners 1150 O Street Greeley, CO 80631 Re: Cheyenne Connector Pipeline (USRI8-0077) Dear Ms. Gesick: I write on behalf of Cheyenne Connector Pipeline, Inc. ("Cheyenne Connector") to provide the Board of County Commissioners (the "Board") with an update on important developments that have occurred since the Board's hearing on March 27, 2019. Based on these developments, Cheyenne Connector respectfully requests that the Board consider its application for a special use permit at the Board's hearing on May 8, 2019. Last month, the Board continued its consideration of Cheyenne Connector's application until November 20, 2019. The Board based its decision on the fact that Cheyenne Connector was still in the process of obtaining easements for its pipeline project, as well as concerns about construction interfering with crops during the growing season. After the Board's March 27 hearing, Cheyenne Connector reached a comprehensive settlement with 42 landowners represented by Don Ostrander and George Padgitt. The settlement provides substantial compensation for easements across their property, and also provides full compensation for constructing the pipeline during the 2019 growing season. Most importantly, as a result of this resolution, the landowners represented by Messrs. Ostrander and Padgitt support the immediate construction of the Cheyenne Connector Pipeline, without delay on account of the 2019 growing season. The citizens who offered public comments at the March 27 hearing are represented by Messrs. Ostrander and Padgitt, and they are parties to this settlement. Messrs. Ostrander and Padgitt are copied on this letter. Cheyenne Connector's settlement with the landowners resolves the concerns expressed by the Board at the March 27 hearing. As a result of the settlement, Cheyenne Connector will have obtained voluntary agreements with approximately 95% of the landowners. We anticipate receiving voluntary agreements with the remaining 5% over the course of the next couple weeks. Cheyenne Connector still anticipates obtaining approval for its pipeline project from the Federal Energy Regulatory Commission by early May. As explained at the March 27 hearing, beginning construction in May is crucial for Cheyenne Connector to timely complete construction and meet 370 Van Gordon Street Lakewood, CO 80228-1519 303.763.2950 its customers' anticipated in-service dates. This timing also significantly reduces the potential that construction would impact more than just one growing season. Delaying past May puts Cheyenne Connector's project in jeopardy, potentially impacts a second growing season, and certainly will subject Cheyenne Connector and other economic beneficiaries, including Weld County, to substantial losses. At the March 27 hearing, the Board expressed its desire to balance the potentially competing interests of energy and agricultural development in Weld County. As a result of Cheyenne Connector's settlement with the landowners described above, the parties have reached a good -faith resolution of those potentially competing interests. There is no need, then, to delay approval of Cheyenne Connector's application for a special use permit until November 20. Considering Cheyenne Connector's application at the Board's May 8 hearing will advance the County's interests, as well as the mutual interests of Cheyenne Connector and the landowners. I have shared an advanced copy of this letter with Messrs. Ostrander and Padgitt, and they asked me to urge you, the Commissioners, and the County Attorney to contact them if you have any questions about the parties' settlement or their clients' support for immediate construction of the Cheyenne Connector Pipeline. Of course, I am happy to answer any questions, as well. For the reasons explained above, Cheyenne Connector requests that its pending application be added to the Board's agenda for May 8, 2019. Sincerely, n Bates Cheyenne Connector Pipeline, Inc. cc. Donald Ostrander, Esq. George Padgitt, Esq. Esther Gesick From: Sent: To: Cc: Subject: Esther Gesick Monday, April 29, 2019 8:44 AM 'Ron and Marsha Baker' Tom Parko Jr.; Kim Ogle RE: Cheyenne connector pipeline Hello Mr. and Mrs. Baker, Your message has been received and will be included in the public file as an Exhibit for the Commissioners' information. Thank you, Esther E. Gesick Clerk to the Board 1150 O Street I P.O. Box 758 I 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. Original Message From: Ron and Marsha Baker <rmbaker@what-wire.com> Sent: Friday, April 26, 2019 7:32 PM To: Esther Gesick <egesick@weldgov.com> Subject: Cheyenne connector pipeline 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. Esther Please add this to the Commissioners packets. Thank you! Marsha Baker Dear Weld County Commissioners, We have been instructed to advise you that, after Cheyenne Connector was awarded immediate possession, and to avoid the additional expense ($40,000 to $50,000) of further litigation, we have reached an agreement with them. Ron and Marsha Baker and Dorothy Peterson Sent from my iPad 1 EXHIBIT Esther Gesick From: Sent: To: Cc: Subject: Esther Gesick Friday, April 26, 2019 4:59 PM kano2u@aol.com Tom Parko Jr.; Kim Ogle; Commissioners; Esther Gesick RE: Tallgrass settlement I \P\S \)Se eanel Hello Mr. Oster, Your message has been received and will be included in the public file as an Exhibit for the Commissioners' information. Thank you, 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. From: kano2u@aol.com <kano2u@aol.com> Sent: Friday, April 26, 2019 4:25 PM To: Esther Gesick <egesick@weldgov.com> Subject: Tallgrass settlement 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. Tallgrass asked that I contact my county commissioners to inform you. I was able to reach and agreement with them in regards to the Cheyenne Connector Pipeline. I signed the documents today. As a lifelong resident, landowner, businessman and supporter of Weld County, I want to thank you for the time and effort you have spent on this matter. Sincerely, William A Oster 1 Hello