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HomeMy WebLinkAbout20182419.tiffPrint Name USE BY SPECIAL REVIEW (USR) APPLICATION __ DEPARTMENT OF PLANNING ERI E * 1555 N.17111 AVENUE * GREELEY, CO 80631 ww.weldgov.com * 970-353-6100 EXT 3540 * FAX 970-304-6498 FOR PLANNING DEPARTMENT USE: AMOUNT $ APPLICATION RECEIVED BY DATE RECEIVED: CASE # ASSIGNED: U R18-0022 PLANNER ASSIGNED: Parcel Number*: 1 4 7 8 1 9 e 3_ 0 0_ 0 1 4 Address of site: TBD northeast of County Roads 6 and 49 Legal Description: PT 52 19.1-64 LOT C REC EXEMPT RE 307t section: 19 (*A, 12 digit number on Tax ID information, obtainable at www weldgov corn). Township: I N Range: 64 Zone District: Ag ricu Itur creage: 8.88 ac Floodplain: ' f O eological Hazard: YQ'1 s Airport Overlay: YON FEE OWNER(S) OF THE PROPERTY: Name: VERDAD RESOURCES, LLC Company: Phone #: Email: Street Address: 5650 Cedar Springs Road, OFC 200 City/State/Zip Code: Dallas Texas, 75235-6805 Name: Company: Phone ##: Email: Street Address: City/State/Zip Code: Name: Company:. Phone #: Email: Street Address: City/State/Zip Code: APPLICANT OR AUTHORIZED AGENT: (See below: Authorization must accompany all applications signed by Authorized Agents) Name: Nick Holland Company: Cureton Front Range Phone #: 720:390-808 Email: nick holland@curetonmidstream corn Street Address: 518 17th Street, Suite 650 City/State/Zip Code: Denver, Colorado 80202 PROPOSED USE: Construction of a natural gas compressor station I (We) hereby depose and state under penalties of perjury that all statements, proposals, andlor plans submitted with or contained within the application are true and correct to the best of my (our)knowledge Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the applicationf a co :' q ratio is the fee owner, notarized evidence must be included indicating that the signatory has to legal author sigoration. 3 cp27 Signa ner or Authorized Agent at Signature: Owner or Authorized Agent Date Print Name Rev 4/2016 DEPARTMENT OF PLANNING AND BUILDING DEPARTMENT OF PUBLIC HEALTH AND ENVIRONNMENT 1555 NORTH 17T" AVENUE GREELEY, CO 80631 AUTHORIZATION FORM FOR BUILDING, PLANNING AND HEALTH DEPARTMENT PERMITS AND SERVICES I, (We), i�I�tstr ��-,��/ , give permission to Cureton Front Range LLC Ar (Owner — please print) (Applicant/Agent — please print) to apply for any Planning, Building or Health Department permits or services on our behalf, for the property located at Parcel # 147519300014 Legal DescriptiNE 114 of SW 1/4 on: of Section 19 Township 1 N, Range64 W Subdivision Name: Lot Block Property Owners Information: Phone: 24a fl -- Z7 al Email: cis 6cc cAtterviR to rate dad. era Applicant/Agent Contact Information: Phone: 720-390-4555 E -Mail: nick.holland@curetonmidstream.com Email correspondence to be sent to: Owner Applicant/Agent Both Postal service correspondence to be sent to: (choose only one) Owner Additional Info: Applicant/Agent Owner Signature: AAA Date: a "suet Owner Signature: Date: OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE OF FACT OF GOOD STANDING I, Wayne W. Williams, as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, Cureton Front Range LLC is an entity formed or registered under the law of Delaware has complied with all applicable requirements of this office, and is in good standing with this office. This entity has been assigned entity identification number 20171539368 . This certificate reflects facts established or disclosed by documents delivered to this office on paper through 03/19/2018 that have been posted, and by documents delivered to this office electronically through 03/20/2018 @ 09:51:32 . I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, and issued this official certificate at Denver, Colorado on 03/20/2018 @ 09:51:32 in accordance with applicable law. This certificate is assigned Confirmation Number 10788891 Secretary of State of the State of Colorado *********************************************End of Certificate******************************************** Notice: A certificate issued electronically from the Colorado Secretary of State's Web site is fully and immediately valid and effective. However, as an option, the issuance andvalidity of a certificate obtained electronically may be established by visiting the validate a Certificate page of the Secretary of State's Web site, hftp://www.sos.state.co.usibiziCertificateSearchCriteriando entering the certificate's confirmation number displayed on the certificate, and following the instructions displayed. Confirming the issuance of a certificate is merely optional and is not necessary to the valid and effective issuance of a certificate. For more information, visit our Web site, http://www.sos.state.co.us/ click "Businesses, trademarks, trade names" and select "Frequently Asked Questions." Execution Version LIMITED LIABILITY COMPANY AGREEMENT OF VERDAD RESOURCES LLC (A DELAWARE LIMITED LIABILITY COMPANY) This Limited Liability Company Agreement (this "Agreement") of Verdad Resources LLC, a Delaware limited liability company (the "Company"), dated December 6, 2016 and effective as of November 30, 2016 (the "Effective Date"), is adopted, executed and agreed to by Verdad Resources Holdings LLC (the "Member") . RECITALS WHEREAS, on the Effective Date, the Member formed the Company pursuant to the Delaware Limited Liability Company Act (the "Act") by filing the Certificate of Formation of the Company with the Secretary of State of the State of Delaware, with the Member owning 100% of the equity interests in the Company. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Member, the Member hereby agrees as follows: ARTICLE 1 FORMATION AND PURPOSE Section 1.1 Establishment of Limited Liability Company. On the Effective Date, the Company was established and organized as a limited liability company under and pursuant to the provisions of the Act. As of the date hereof, the Member is the sole member of the Company and shall continue to be the sole member of the Company. Section 1.2 Name. Pursuant to the terms of this Agreement, the Company shall carry on a business for profit under the name Verdad Resources LLC. The Company may conduct its activities under any other name designated by the Member from time to time. The Company shall be responsible for complying with any registration requirements in the event an alternate name is used. Section 1.3 Principal Place of Business of the Company. The principal place of business of the Company shall be located at such location as the Member, as a matter of discretion, may determine from time to time. The registered agent for the service of process and registered office of the Company shall be the person and location set forth in the Company's Certificate of Formation filed with the office of the Secretary of State of the State of Delaware. The Member may, from time to time, change such registered agent and registered office by appropriate filings as required by law. US 4775005 Section 1.4 Purpose. The Company's purpose shall be to engage in any business activity that the Member may engage in in accordance with the limited liability company agreement of the Member, dated as of the date hereof (the "Member LLC Agreement"). Section 1.5 Duration. Unless the Company shall be earlier terminated in accordance with Article 6, it shall continue in existence in perpetuity. Section 1.6 Other Activities of the Member. The Member may engage in or possess an interest in other business ventures of any nature, whether or not similar to or competitive with the activities of the Company. Section 1.7 Federal Income Tax Status. The Company has been structured to be disregarded as an entity separate from the Member for federal income tax purposes. Section 1.8 Reorganization and Restructurings. The Company shall have the right and authority, with the consent of the Member, to reorganize and restructure as needed. Section 1.9 Qualification in Other Jurisdictions. The Member shall have the authority to qualify the Company to do business in any foreign jurisdiction in which the conduct of the Company's business or the Company's ownership or leasing of property requires such qualification or makes such qualification, in the judgment of the Member, necessary or desirable. Section 1.10 Actions. The Member hereby authorizes, empowers and ratifies the Company's certificate of -ormation executed and filed by Kathy Truett with the Secretary of State of the State of Delaware. ARTICLE 2 CAPITAL CONT ' I ITIONS Section 2.1 Capital Contributions. Member, as its initial contribution to the capital of the Company, is deemed to have contributed $100 in cash to the Company. The receipt by the Member from the Company of any distributions whatsoever (whether pursuant to Section 3.1 or otherwise and whether or not such distributions may be considered a return of capital) shall not increase the Member's obligations under this Section 2.1. Section 2.2 Additional Capital Contributions. The Member may, but shall not be required to, make additional capital contributions to the Company. Section 23 Limitation of Liability of the Member. The Member shall not have any liability or obligation for any debts, liabilities or obligations of the Company, or of any agent or employee of the Company, beyond the Member's initial capital contribution, except as may be expressly required by this Agreement or applicable law. Section 2.4 Loans. If the Member makes any loans to the Company, or advances money on its behalf, the amount of any such loan or advance shall not be deemed an increase in, or contribution to, the capital contribution of the Member. Interest shall accrue on any such loan 2 at an annual rate agreed to by the Company and the Member (but not in excess of the maximum rate allowable under applicable usury laws). ARTICLE 3 DISTRIBUTIONS Section 3.1 Distributions. The Company shall make distributions of cash or other assets to the Member at the times and in the manner that the Member deems appropriate and as permitted by applicable law. ARTICLE 4 MANAGEMENT OF THE COMPANY Section 4.1 Managing Member. The Member shall have exclusive and complete authority and discretion to manage the operations and affairs of the Company as its managing member and to make all decisions regarding the business of the Company in such capacity. Any action taken by the Member in such capacity shall constitute the act of and serve to bind the Company. Persons dealing with the Company are entitled to rely conclusively on the power and authority of the Member as set forth in this Agreement. The Member shall have all rights and powers of a manager under the Act, and shall have such authority, rights and powers in the management of the Company to do any and all other acts and things necessary, proper, convenient or advisable to effectuate the purposes of this Agreement. Any matter requiring the consent or approval of the Member pursuant to this Agreement may be taken without a meeting, without prior notice and without a vote, by a consent in writing, setting forth such consent or approval, and signed by the Member. Section 4.2 Officers. (a) The Member may appoint one or more officers of the Company (each, an "Officer"). The Officers shall initially be as set forth on Schedule I. Two or more offices may be held by the same person. Each such Officer shall have delegated to him or her the authority and power to execute and deliver on behalf of the Company (and to cause the Company to perform) any and all such contracts, certificates, agreements, instruments and other documents, and to take any such action, as the Member deems necessary or appropriate, all as may be set forth in a written delegation of authority executed by the Member. The Officers shall serve at the pleasure of the Member, and the Member may remove any person as an Officer, appoint additional persons as Officers and add or remove from the delegation of authority of an Officer as the Member deems necessary or desirable. (b) Any Officer may resign at any time by giving written notice of such resignation to the Member. Unless otherwise specified in such written notice, such resignation shall take effect upon receipt thereof by the Member and the acceptance of such resignation shall not be necessary to make it effective. Any Person dealing with the Company may conclusively presume that an Officer specified in such a written delegation of authority (including this Agreement) who executes a contract, certificate, agreement, instrument or other document on 3 behalf of the Company has the full power and authority to do so and each such document shall, for all purposes, be duly authorized, executed and delivered by the Company upon execution and delivery by such Officer. The Officers, to the extent of their powers set forth in this Agreement or otherwise vested in them by action of the Member not inconsistent with this Agreement, are agents of the Company for the purpose of conducting the business and affairs of the Company, and the actions of any Officer taken in accordance with such powers shall bind the Company and any third party dealing with such Officer shall be entitled to rely conclusively (without making inquiry of any kind) on any actions so taken as being properly authorized by the Company. Notwithstanding the foregoing or anything to the contrary set forth herein, neither the Member nor any Officer shall be entitled to approve or otherwise take any other action that, pursuant to the terms of the Member LLC Agreement, requires the consent of the Board or Managers (as such terms are defined in the Member LLC Agreement) without first obtaining the consent of the Board or Managers, as applicable, in accordance with the terms of the Member LLC Agreement. ARTICLE 5 TRANSFER OF MEMBERSHIP INTERESTS Section 5.1 General Restriction. The Member may transfer all or any portion of its membership interest in the Company at any time or from time to time, to the extent and in the manner provided by applicable law. In connection with a transfer by the Member of all of its membership interests in the Company, all rights of the Member hereunder shall be automatically transferred to the transferee. ARTICLE 6 DISSOLUTION AND LIQUIDATION Section 6.1 Events Triggering Dissolution. The Company shall dissolve and commence winding up and liquidation upon the first to occur of any of the following: (a) the written consent of the Member; or (b) the entry of a decree of judicial dissolution under the Act. The Company shall not be dissolved for any other reason, including the Member becoming bankrupt or executing an assignment for the benefit of creditors. Section 6.2 Liquidation. Upon dissolution of the Company in accordance with Section 6.1, the Company shall be wound up and liquidated by the Member or by a liquidating manager selected by the Member. The proceeds of such liquidation shall be applied and distributed in the following order of priority: (a) to creditors, including the Member if it is a creditor, in the order of priority as established by law, in satisfaction of liabilities of the Company (whether by payment or the making of reasonable provision for payment thereof) other than liabilities for which reasonable provision for payment has been made and liabilities for distributions to the Member under the Act; and then 4 (b) to the setting up of any reserves in such amount and for such period as shall be necessary to make reasonable provisions for payment of all contingent, conditional or unmatured claims and obligations known to the Company and all claims and obligations known to the Company but for which the identity of the claimant is unknown; and then (c) to the Member, which liquidating distribution may be made to the Member in cash or in kind, or partly in cash and partly in kind. Section 6.3 Certificate of Dissolution. Upon the dissolution of the Company and the completion of the liquidation and winding up of the Company's affairs and business, the Member shall on behalf of the Company prepare and file a certificate of dissolution with the office of the Secretary of State of the State of Delaware, as required by the Act. When such certificate is filed, the Company's existence shall cease. Section 7.1 ARTICLE 7 ACCOUNTING AND FISCAL MATTERS Fiscal Year. The fiscal year of the Company shall be the calendar year. Section 7.2 Method of Accounting. The Member shall select a method of accounting for the Company as deemed necessary or advisable and shall keep, or cause to be kept, full and accurate records of all transactions of the Company in accordance with sound accounting principles consistently applied. ARTICLE 8 RIGHTS AND OBLIGATIONS OF THE MEMBER; EXCULPATION AND INDEMNIFICATION Section 8.1 Member. To the fullest extent permitted by law and notwithstanding any provision of this Agreement, the Member in its capacity as a member of the Company shall not have any duty, fiduciary or otherwise (including any duty of disclosure), at law, in equity or under this Agreement, to the Company in connection with the business and affairs of the Company or any consent or approval given or withheld pursuant to this Agreement. The foregoing sentence will not be deemed to alter the contractual obligations of the Member to the Company pursuant to this Agreement. Except as otherwise expressly provided in this Agreement, the Member shall have no voting rights or rights of approval, veto or consent or similar rights over any actions of the Company and any references in this Agreement to any of the foregoing terms shall be deemed to include each other term. Section 8.2 Limitation of Liability and Indemnification. (a) To the maximum extent permitted by applicable law, no Officer (in such person's capacity as an Officer) shall be liable to the Company, the Member or any other person that is a party to or bound by the terms of this Agreement, for losses sustained or liabilities incurred as a result of any act or omission (in relation to the Company, any transaction, any investment or any business decision or action, including for breach of duties including fiduciary 5 duties (including any duty of disclosure)) taken or omitted by such Officer (in such person's capacity as an Officer), unless there has been a final and non -appealable judgment entered by a court of competent jurisdiction determining that, in respect of such act or omission, and taking into account the acknowledgments and agreements set forth in this Agreement, such Officer (in such person's capacity as an Officer) would have had liability for such act or omissions if the Company were a corporation organized under the laws of the State of Delaware. (b) To the maximum extent permitted by applicable law, any member that serves as managing member, or his, her or its respective successors (in such Person's capacity as a managing member), shall not owe duties, fiduciary or otherwise (including any duty of disclosure), at law, in equity or under this Agreement, to the Company, or to any creditor of the Company (even if the Company is insolvent or near insolvency), other than the implied contractual covenants of good faith and fair dealing. Except as otherwise provided in this Agreement, and to the maximum extent permitted by applicable law, no member that serves as managing member (in such Person's capacity as a managing member) shall be liable to the Company, the Member or any other person that is a party to or bound by the terms of this Agreement, for losses sustained or liabilities incurred as a result of any act or omission (in relation to the Company, any transaction, any investment or any business decision or action, including for breach of contract or breach of duties including fiduciary duties (including any duty of disclosure)) taken or omitted by such managing member (in such Person's capacity as a managing member), unless there has been a final and non -appealable judgment entered into by a court of competent jurisdiction determining that such managing member (in such Person's capacity as a managing member) engaged in a bad faith violation of the implied contractual covenant of good faith and fair dealing, engaged in fraud or, in the case of a criminal matter, acted with knowledge that such managing member's conduct was unlawful. (c) Subject to its obligations and duties as set forth in Article 4, the Member may exercise any of the powers granted to it by this Agreement and perform any of the duties imposed upon it hereunder either directly or by or through its agents, and the Member shall not be responsible or liable to the Company for any mistake, action, inaction, misconduct, negligence or fraud on the part of any such agent appointed by the Member. (d) The Member and any of its or the Company's directors, managers, officers (including, for the avoidance of doubt, the officers), employees, shareholders, agents or representatives (each, a "Covered Person") acting for, on behalf of or in relation to, the Company in respect of any transaction, any investment, business decision or action, or otherwise, shall be entitled to rely on the provisions of this Agreement and on the advice of counsel, accountants and other professionals that is provided to the Company or such Covered Person, and such Covered Person shall not be liable to the Company or to the Member for such Covered Person's reliance on this Agreement or such advice, and each Covered Person may rely, and shall incur no liability in acting or refraining from acting, upon any resolution, certificate, statement, opinion, consent, order, bond, signature or other writing reasonably believed by it to be genuine, and may rely on a certificate signed by an officer, agent or representative of any person in order to ascertain any fact with respect to such person or within such person's knowledge; provided, however, in each case, there has not been a final and non -appealable judgment entered by a court of competent jurisdiction determining that, in respect of such reliance, and taking into account the acknowledgments and agreements set forth in this Agreement, such Covered Person engaged 6 in a bad faith violation of the implied contractual covenant of good faith and fair dealing, engaged in fraud or, in the case of a criminal matter, acted with knowledge that such Covered Person's conduct was unlawful. The provisions of this Agreement, to the extent that they restrict or eliminate the duties and liabilities of a Covered Person otherwise existing at law or in equity, are agreed by the Member to replace, to the fullest extent p ermitte d by applicable law, such other duties and liabilities of such Covered Person. This Section 8.2 does not create any duty or liability of a Covered Person that does not otherwise exist at law or in equity. Notwithstanding any provisions of law or in equity to the contrary, whenever a Covered Person is permitted or required to make a decision in its "sole discretion" or "discretion" or under a grant of similar authority or latitude, such Covered Person shall be entitled to consider only such interests (including its own interests) and factors as it desires, and shall have no duty or obligation to give any consideration to any interest of or factors affecting the Company, the Member or any other person to the fullest extent permitted by applicable law. (e) Each Covered Person (regardless of such person's capacity and regardless of whether another Covered Person is entitled to indemnification) shall be indemnified and held harmless by the Company (but only to the extent of the Company's assets), to the fullest extent permitted under applicable law, from and against any and all loss, liability and expense (including taxes; penalties; judgments; fines; amounts paid or to be paid in settlement; costs of investigation and preparations; and fees, expenses and disbursements of attorneys, whether or not the dispute or proceeding involves the Company or the Member) reasonably incurred or suffered by any such Covered Person in connection with the activities of the Company or its subsidiaries; provided, however, such Covered Person shall not be so indemnified and held harmless if there has been a final and non -appealable judgment entered by a court of competent jurisdiction determining that, in respect of the matter for which such Covered Person is seeking indemnification or seeking to be held harmless hereunder, and taking into account the acknowledgments and agreements set forth in this Agreement, such Covered Person engaged in a bad faith violation of the implied contractual covenant of good faith and fair dealing, engaged in fraud or, in the case of a criminal matter, acted with knowledge that such Covered Person's conduct was unlawful; provided, further, that such indemnification shall not apply if the applicable action or proceeding has been brought by or in the right of the Company (whether directly or by counterclaim) except with respect to expenses to the extent provided in this Section 8.2. The indemnification provided by this Section 8.2 shall be in addition to any other rights to which a Covered Person may be entitled under any agreement, as a matter of law or otherwise, both as to actions in such Covered Person's capacity as a Covered Person hereunder and as to actions in any other capacity, and shall continue as to a Covered Person who has ceased to serve in such capacity and shall inure to the benefit of the heirs, successors, assigns and administrators of such Covered Person. A Covered Person shall not be denied indemnification in whole or in part under this Section 8.2 because such Covered Person had an interest in the transaction with respect to which the indemnification applies if the transaction was otherwise permitted by the terms of this Agreement. (f� Each Covered Person shall be indemnified and held harmless by the Company (but only to the extent of the Company's assets), to the maximum extent permitted by applicable law, from and against costs of investigation and preparations and fees, expenses and disbursements of attorneys reasonably incurred by any such Covered Person in connection with the defense or settlement of any action or proceeding by or in the right of the Company if the 7 Covered Person acted in good faith and in a manner that the Covered Person reasonably believed to be in or not opposed to the best interests of the Company, except that no such indemnification shall be made in respect of any claim or proceeding as to which a Covered Person shall have been adjudged to be liable to the Company by a court of competent jurisdiction unless and only to the extent that the authority rendering such judgment shall determine that despite the adjudication of liability but in view of all the relevant circumstances, such Covered Person is fairly and reasonably entitled to indemnity for such expenses as such authority shall deem proper. (g) Reasonable, documented expenses incurred by a Covered Person for which such Covered Person could reasonably be expected to be entitled to indemnification under this Agreement in defending any civil, criminal, administrative or investigative action, suit or proceeding shall be paid by the Company in advance of the final disposition of such action, suit or proceeding; provided, however, that any such advance shall only be made if the Covered Person delivers a written affirmation by such Covered Person of its good faith belief that it is entitled to indemnification hereunder and agrees to repay all amounts so advanced if it shall ultimately be determined that such Covered Person is not entitled to be indemnified hereunder. (h) The obligations of the Company to the Covered Persons provided in this Agreement or arising under law, including any indemnification obligations under this Section 8.2, are solely the obligations of the Company and shall be satisfied from and limited to Company assets, including insurance proceeds, if any, and no personal liability whatsoever shall attach to, or be incurred by, the Member or other Covered Person for such obligations. Where the foregoing provides that no personal liability shall attach to or be incurred by a Covered Person, any claims against or recourse to such Covered Person for or in connection with such liability, whether arising in common law or equity or created by rule of law, statute, constitution, contract or otherwise, are expressly released and waived under this Agreement, to the fullest extent permitted by law, as a condition of, and as part of the consideration for, the execution of this Agreement and any related agreement, and the incurring by the Company or such Member of the obligations provided in such agreements. (i) Nothing in this Section 8.2 shall be deemed to (x) limit or waive any rights that any person has for breach of contract under the terms of this Agreement or any other binding agreement or (y) apply to any proceeding or dispute with respect to a Covered Person's employment agreement or employment relationship with the Company or its affiliates. j) As a result of agreements or obligations arising outside of this Agreement, it may be the case that certain of the Covered Persons ("Sponsor Indemnitees") have certain rights to indemnification, advancement of expenses or insurance provided by Ares or certain of its affiliates (collectively, the "Sponsor Indemnitors"). However, regardless of whether or not there are any such certain rights to indemnification, advancement of expenses or insurance provided by any Sponsor Indemnitor, (i) the Company is the indemnitor of first resort (i.e., the Company's obligations to each Sponsor Indemnitee are primary and any obligation of the Sponsor Indemnitors to advance expenses or to provide indemnification for the same expenses or liabilities incurred by any Sponsor Indemnitee are secondary), (ii) the Company shall be required to advance the full amount of expenses incurred by a Sponsor Indemnitee and shall be liable for the full amount of all expenses, judgments, penalties, fines and amounts paid in settlement, to the S extent legally permitted and as required by the terms of this Agreement (or any other agreement between the Company and the Sponsor Indemnitees) and (iii) the Company hereby irrevocably waives, relinquishes and releases each of the Sponsor Indemnitors from any and all claims against any of the Sponsor Indemnitors for contribution, subrogation or any other recovery of any kind in respect thereof. Regardless of any advancement or payment by the Sponsor Indemnitors on behalf of any Sponsor Indemnitee with respect to any claim for which a Sponsor Indemnitee has sought indemnification from the Company, (a) the foregoing shall not be affected and (b) the Sponsor Indemnitors shall have a right of contribution and/or be subrogated to the extent of such advancement or payment to all of the rights of recovery of such Sponsor Indemnitee against the Company. The Sponsor Indemnitors are express third -party beneficiaries of the terms of this Section 8.2. (k) Any amendment, modification or repeal of this Section 8.2 or any provision hereof shall be prospective only and shall not in any way affect the limitations on liability of the Covered Persons, or terminate, reduce or impair the right of any past, present or future Covered Person, under and in accordance with the provisions of this Section 8.2 as in effect immediately prior to such amendment, modification or repeal with respect to claims arising from or relating to matters occurring, in whole or in part, prior to such amendment, modification or repeal, regardless of when such claims may arise or be asserted. ARTICLE 9 MISCELLANEOUS Section 9.1 Binding Effect. Except as otherwise provided in this Agreement to the contrary, this Agreement shall be binding upon and inure to the benefit of the Member and, subject to Article 5, its successors and assigns. Section 9.2 Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Delaware without reference to conflict of laws principles. Section 9.3 Severability. The invalidity or unenforceability of any particular provision of this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. Section 9.4 Amendment. The Member may amend this Agreement pursuant to a duly executed written instrument from time to time. Section 9.5 Construction. Whenever the context requires, the gender of all words used in this Agreement includes the masculine, feminine, and neuter. All references to Articles and Sections refer to articles and sections of this Agreement. All references to Schedules are to schedules attached to this Agreement, each of which is made a part of this Agreement for all purposes and all references to "including" shall be construed as meaning "including without limitation." All references to dollars refer to United States dollars. All references to "federal" or "Federal" means U.S. federal or U.S. Federal, respectively. The words "hereof," "hereto," "hereby," "herein," "hereunder" and words of similar import, when used in this Agreement, shall 9 refer to this Agreement as a whole and not to any particular section or article in which such words appear. The word "or" shall not be exclusive. Unless the context requires otherwise, all references to laws, regulations, contracts, agreements and instruments refer to such laws, regulations, contracts, agreements and instruments as they may be amended from time to time, and references to particular provisions of laws or regulations include a reference to the corresponding provisions of any succeeding law or regulation. The Article, Section and Schedule titles and headings in this Agreement are inserted for convenience only and are not intended to be part of, or to affect the meaning or interpretation of this Agreement. 10 IN WITNESS WHEREOF, the Member has signed this instrument on and as o f the date first set forth above. VERDAD RESOURCES HOLDINGS LLC By: Verdad Oil + s Corporation, itssole member 1� fY • By: Name: Louis A fleecher. L, HI 72>rierri-eP- Title: Vice President Signature Page to the LL `Agreement of Verdad Resources L SCHEDULE I INITIAL OFFICERS Officer ill Beecherl Louis A Beecher!, III Philip W. Davis L. Arthur Beecherl, rl, IV Price Livingston Position President Executive Chairman Vice President Vice President Vice President Schedule I to the LLC Agreement of Verdad Resources LLC Samuel Engineering We Provide Solutions 8450 E. Crescent Parkway, Suite 200 Greenwood Village, Colorado 80111 Phone: 303-714-4840 Fax: 303-714-4800 USE BY SPECIAL REVIEW QUESTIONNAIRE CE -101 For Cureton Midstream, LLC Tiger Compressor Station The Tiger Compressor Station is located in part of the Northeast 1/4 of the Southwest 1/4 Section 19, Subdivision Exemption TBD Part of the NW 1/4 of Section: 19 Township: 1N Range: 64W Weld County, Colorado PREPARED BY: SAMUEL ENGINEERING, INC. 8450 EAST CRESCENT PARKWAY, SUITE 200 GREENWOOD VILLAGE, CO 80111 ISSUED FOR USR18-0022 Project Number 17227-03 — Rev. C March 2018 Engineering ♦ Project Controls ♦ Estimating ♦ Construction Management Cureton Midstream) LLC TIGER COMPRESSOR STATION PROJECT NUMBER: 17227-03 DATE: MARC 16, 2018 USR APPLICATION Rev. B, Page 2 of 8 1.0 PROJECT DESCRIPTION Cureton Midstream, LLC (Cureton) is in the process of expanding operations in Weld County, Colorado. This project will include a compressor station and interconnecting pipelines for the purpose of compressing and the transportation of natural gas through gas pipelines. This application for a Use by Special Review Permit only addresses the construction of a four - corn pressor station on Cureton owned property. Additional U S R permit applications will be submitted for any future plants, compressor stations, pipelines or other facilities. The closest cross streets to the proposed station are Weld County Road 8 and Weld County Road 49. The site is located approximately 3.67 miles southeast of Hudson, Co. in South Weld County. The parcel number for the site is 147519300014. Site address is to be determined. Cureton intends to construct the proposed compressor station during the third quarter of 2018. The compressor station is an un-manned facility. The station will operate 24 hours a day, 7 days a week, year-round. Because this is an un-manned station on leased property, no sewer or water is proposed for this site. After construction is complete in the autumn of 2018, traffic to the site will be limited to a daily site visit by an operator and 1 truck twice a week. Wherever possible the site will be shielded with berms, fencing and landscape. All items presented in this application are preliminary and are subject to change until final design is complete. 1.1 PROJECT OVERVIEW This compressor station enables natural gas to travel through pipelines which is crucial to the natural gas transport system. They also allow the gas to be rerouted into storage areas during periods of low demand. The Tiger compressor station will expand the capacity and will enhance the efficiency of moving natural gas to a central processing plant. The Tiger station will remove any liquids and impurities using dehydration and a slug catcher then compress the dry gas for transportation in pipelines to a central processing plant for distribution. Any produced water and condensate will be separated and trucked off -site for sale or subsequent disposal in accordance with federal, state and local regulations. JSamueI Engineering F�rf z Sa to Was Cureton Midstream, tream, LLC TIGER COMPRESSOR STATION PROJECT NUMBER: 17227-03 DATE: MARC16, 2018 USR APPLICATION Rev. B, page 3 of 8 2.0 USE BY SPECIAL REVIEW QUESTIONNAIRE Planning Questions 1. Explain, in detail, the proposed use of the property. To transport dry natural gas in pipelines the gas requires pressurization to efficiently transport this gas. This station is an in -line station that intakes low pressure gas and outputs high pressure gas thereby allowing the gas to continue traveling along pipelines. The Tiger Compressor Station includes 4 compressors, a slug catcher, 3 -phase separator, metering, dehydration, a combustor and MCC building with a 20' pole mounted communication antenna, a fuel gas skid, small tanks and air compressor skid. Most of the equipment will be horizontal or close to ground level. The exceptions to this are the combustor at 30 -feet, communication antenna 20 -feet and dehydration tower at 49 -feet. The combustor at 30' tall will operate continuously for the dehydration units and atmospheric tanks at a low volume. The combustor will be enclosed (i.e. not open flames). There are no plans for future expansion of this compressor station. A Subdivision exemption will be applied for with this USR permit. 2. Explain how this proposal Is consistent with the intent of the Weld County Code, Chapter 22 of the Comprehensive Plan. Section 22-2-10(D) of the Weld County Code states that 'extraction of natural resources is an important part of the economy of the County." The proposed compression facility will contribute to the expansion of the county's industrial economic base by providing increased capacity for future marketing of oil and gas production in Weld County. Additionally, Section 22-5-100 (A) states that a County goal is to "promote the reasonable and orderly exploration and development of oil and gas mineral resources." The proposed facility is consistent with this section in that the proposed site is within agricultural land, and is clustered close to other oil and gas facilities. Per Chapter 22, oil and gas facilities are allowed as a use by right in the A (Agricultural) Zone District. However, oil and gas storage facilities, oil and gas support, and associated services require a Use by Special Review (USR) permit in Weld County. Section 22-2-20. G.2. A. Policy 7.2 states "Conversion of agricultural/and to nonurban residential, commercial and industrial uses should be accommodated when the subject site is in an area that can support such development, and should attempt to be compatible with the region." The land that Cureton Midstream, LLC is proposing to utilize for the gas Samuel Engineering 1W P POWs S'0luWori3 Cureton Midstream, LLC TIGER COMPRESSOR STATION PROJECT NUMBER: 17227-03 DATE: MARC 16, 2018 USR APPLICATION Rev. B, Page 4 of 8 compression is on dryland grasses that is located in a semi -rural area where there is a significant amount of oil and gas activity already occurring. Section 22-5-100. B.OG. Goal 2. states "Ensure that the extraction of oil and gas resources conserves the land and minimizes the impact on surrounding land and the existing surrounding land use." 3. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 23 (Zoning) and the zone district in which it is located. Section 23-3-10 indicates that uses that are "more intense and have a potentially greater impact" are permitted within the A (Agricultural) zone district. The operation of a compressor station for oil and gas operations while minimally intrusive is more suited for less densely populated areas such as the proposed site. In addition, oil and gas infrastructure is within close proximity of this property. Section 23-3-40 also indicates that oil and gas support and service facilities are acceptable as a Use by Special Review within the district. Describe what land uses surround the site. Explain how the proposed use is consistent and compatible with surrounding land uses. The surrounding parcels can be classified as mixed use with agricultural, commercial, Industrial and residential properties on the surrounding parcels of the proposed site. Several parcels in in the area have some type of oil and gas infrastructure currently operating. 5. What are the hours and days of operation? The hours of operation for the facility will be 24 hours/day, 365 days/year. 6. List number of full time and/or part time employees propose to work at the site. There will be no permanent employees working on the site. Only an operator will make a daily site visit. 7. If shift work is proposed include number of employees per shift. No shift work is proposed. 8. List Number of people who will use the site. This station is an unmanned facility operated remotely. 9. List number& type of animals There will be no animals on site. 10. Describe the type of lot surface and the square footage of each type. Samuel Engineering 4ti" Fra�krrt�^ Scilcr,L1n Cureton Midstream) LLC TIGER COMPRESSOR STATION PROJECT NUMBER: 17227-03 DATE: MARC 16, 2018 USR APPLICATION Rev. B, Page 5 of 8 The Tiger site is located on a parcel measuring 5.6815 acres, more or less. The compressor station site will disturb approximately 3.5 acres, 152,460 ft2. There will be no asphalt, gravel will cover approximately 33,980ft2, buildings will cover approximately 8,130 ft2, 4,000 ft2 will remain bare ground and the remaining areas, 36,050 ft2 will be reclaimed with native grasses. 11. How many parking spaces are proposed No parking spaces are proposed. 12. Explain the existing and proposed landscaping for the site The existing site is a greenfield site with agricultural crops as primary vegetation. After construction berms will be constructed as screening and/or landscaping wherever possible. A Landscape Plan will be developed with a request for comments from the adjacent property owners 13. Describe the type of fence proposed for the site. The fence will be standard 7' chain link fence. A Landscape and Screening Plan will be developed with a request for comments from the adjacent property owners. 14. Describe proposed screening. A Screening Plan will be developed with a request for comments from the adjacent property owners. Berms and dryland landscaping will be utilized wherever possible. 15. Explain proposed reclamation procedures. There is no intention of ceasing operations of this facility once it is operational, however if the plant is deemed obsolete, the plant closure will follow all Federal, State and Local (County) regulations. 16. Who will provide fire protection. Hudson Fire Protection District wily provide fire protection for the site. 17. List proposed on -site and off -site improvements associated with the use and timeline when improvements will be completed. No offsite improvements are proposed as part of this project. Onsite improvements will include perimeter fencing for the facility, and gravel roads on the property to access the facility. The Tiger Compressor Station includes 4 compressors, a slug catcher, in -line metering, 2 dehydration, a separator and combustor, MCC building, a fuel gas skid, 3 90bbl tanks, 3 Conex boxes, and an air compressor skid. Construction activities are expected to begin following receipt of the applicable federal, state, and local permits and will last approximately 3-4 months. Construction is Samuel Engineering li t ,artiWS SafulSari3 Cureton Midstream, LLC TIGER COMPRESSOR STATION PROJECT NUMBER: 17227-03 DATE: MARC 16, 2018 U S R APPLICATION Rev. B, Page 6 of 8 expected to begin in the 3rd Quarter of 2018. Restoration of the site and final clean-up will begin immediately following completion of construction activities expected to be around November 2018. Engineering Questions 1. Describe how many roundtrips/day are expected for each vehicle type. During construction, semi -tractor trailers will be used to haul equipment and materials to the site, along with passenger cars/trucks for site workers and construction management. Following construction of the facility, during normal operation, only an operator will make a daily sit visit (1 roundtrip per day). A service type of truck will access the site approximately twice per week. 2. Describe the expected travel routes for site traffic. The most likely access to the site will be from highway 8 then south on CR 49 to the site. An alternate route could be from CR6 to CR 49 then south to the site. 3. Describe the travel distribution along the routes. It is anticipated equal amounts of vehicles will use the CR 49 or CR 8 routes. 4. Describe the time of day that you expect the highest traffic volumes. There will be no specific time traffic will be heaviest. Traffic may slightly heavier in the morning around 8am. 5. Describe where the access to the site is planned. The access for this site will be directly from CR 49, no agreement with adjacent landowners will be necessary. An access permit is applied for with this USR application. 6. Drainage Design with Detention Pond Design. A stormwater detention pond will be required for this site. The drainage report and detention will follow all requirements of the stormwater drainage code located under Chapter 23, Article 12 Storm Drainage Criteria. The detention pond will be designed following the above code and Urban Drainage Flood Control District criteria for a Non - Urbanizing Drainage Area and will retain the 1 -hour 100 -year storm with the release rate for the 1 -hour 10 -year storm events. A narrative with the preliminary drainage concept described is attached to this document. Samuel Engineering We Pro WS Soturriarrs Cureton Midstream, LLC TIGER COMPRESSOR STATION PROJECT NUMBER: 17227-03 DATE: MARC 16, 2018 USR APPLICATION Rev. B, Page 7 of 8 Environmental Health Questions 1. What is drinking water source on the property? This is an un-manned station with no potable water needed. 2. What type of sewage disposal system is on the property? This is an urn -manned station with no sewage disposal necessary. 3. Is storage or warehousing proposed? Any storage or warehousing of materials or equipment on site will be minimal. The following materials are expected fora plant of this type: 1. Lube Oil 2. Solvents 3. Grease 4. Filters 5. Gasket Material Any oils or solvent storage will be 5 gallons or less All chemicals/oils will be stored and handled as per the guidance provided on the Safety Data Sheets (SDS). Any liquid wastes will be temporarily stored in a container approved for that waste. Any solid wastes (i.e. used oil filters) will also be temporarily stored in containers approved for the waste in question. Clean Harbors (cleanharbors.com) or a similar third party waste recycling/disposal service will be used to recycle or dispose of all chemical/oil wastes as required by state and federal regulations. 4. Describe where and how storage will occur on this site. During construction conex containers will be needed for contractor's materials and equipment storage, it is expected that 5 of these containers will be needed at the peak of construction. On -site contractors will also require construction trailers with 5 of these expected to be required at the peak of construction. These are temporary and will be removed after construction is complete. 5. Fuel Storage information. Fuel will not be stored on site in quantities greater than 5 gallons; the facility will operate using a small portion of the inlet gas as fuel for the inlet compressors and for the flare. 6. Vehicle Washing and containment. No vehicle washing is proposed for this site.. Samuel Engineering We fiwvt SafutUarrs Cureton Midstream, LLC TIGER COMPRESSOR STATION PROJECT NUMBER: 17227-03 DATE: MARC 16, 2018 USR A►PPLICA►TION Rev. B, Page 8 of 8 7. If there will be floor drains indicate how fluids will be contained. Floor drains are not proposed. 8. Indicate if there will be any air emissions. Curetan Midstream, LLC has applied for all necessary air permits. 9. N/A 10.A Buildings Questions List type, size and number of existing and proposed structures. 1, The will be four arctic type buildings to house the compressors, two for the dehydration units and a modular type MCC building. During construction 5 Temporary office/storage trailers and 5 temporary conex storage containers will be required. All temporary structures will be removed at construction completion. 2. There are no existing structures on the site. Samuel Engineering We Provaide Sok/tiarrs TIGER COMPRESSOR STATION I PHOTOGRAPH LOCATION MAP 06.06.2010 •Pr J J) J NOWS DESIGN Phoning I Li^4c;ra.,a Arrj1i.e^lure I Ec3reir.g EXISTING TIGER COMPRESSOR STATION I LOCATION 1 06.06.2010 JJ )J NO ISIS DESIGN PIBrning I LA Arriu.pnlurP. 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" s — " le Ir ait _ • `- .� �Q ���i - _fir _ i 4�. ; ...+.�'_ r J J ) J NOWS DESIGN Phoning I LA^-i';ra.,a Arrj1i.e^lure I Ec3reir.g — • MIS a F- w• ! 1r —pa a• Y - • i J/)J NOWS DESIGN Phoning I Li^4c;ra.,a Arrj1i.e^lure I Ec3reir.g Samuel Engineering We Provide Solutions 8450 East Crescent Parkway, Suite 200 Phone: 303. 714.4840 Greenwood Village, CO 80111 FAX: 303.714.4800 DRAINAGE NARRATIVE Cureton Midstream, LLC 518 17t" Street, Suite 650, Denver, CO TIGER COMPRESSOR STATION 40MMSCFD Compressor Station Known as Lot C, RE -3078 and Part of the NE 1/4 of the SW 1/4 of Section 19, TiN, R64W, 5th PM Weld County, Colorado PREPARED BY: SAMUEL ENGINEERING, INC. 8450 EAST CRESCENT PARKWAY, SUITE 200 GREENWOOD VILLAGE, CO 80111 ISSUED FOR USR PERMIT 18-XXXX Project Number 17218-01 — Rev. A January 2018 Samuel Engineering We Provide Solutions 8450 East Crescent Parkway, Suite 200 Phone: 303. 714.4840 Greenwood Village, CO 80111 PAX• 303.714.4800 GENERAL LOCATION AND DESCRIPTION A►. Site Location 1. The subject project is located in part of the northeast 1/4 of the southwest 1/4s Section 19, Township 01 North, Range 64 West of the 6th Principal Meridian, County of Weld, State of Colorado. 2. The property address is to be determined (TBD). The property is located approximately 2,350 feet north of Weld County Road 6 and 2,400 feet east of Weld County Road 49. No public streets are proposed to access or within the property. B. Description of Property 1. The subject property for the compressor station will be a 5.68 acre lease of a larger 229.14 acre lot (parcel # 147519300014). 2. The property is mainly pastureland with native grasses and no trees. 3. There are no irrigation ditches on or adjacent to the property. 4. There are no lakes, streams in the area of the proposed development. 5. The subject property is not located in a floodplain. Box Elder Creek is located approximately 2,500 feet east of the proposed site and approximately 15 -feet higher than Box Elder. 6. The surrounding area development consists of open fields with residential properties approximately 2,500 -feet north and 2,000 -feet south of the proposed compressor station property. 7. Topographic relief over the property ranges from 5010' to 5006' in elevation and is characterized by very flat grades that typically range from 0.5% to 1%. The site generally slopes from the northwest to the southeast. 8. There are two (2) predominant soil types present, Colby Loam and Weld Loam, (both with a USC rating of CL). C. Existing and Proposed Drainage 1. The majority of the soils, Colby loam at approximately 80%, have a hydrologic soil group rating of B, with the remainder of the soil, weld loam, having a hydrologic soil group rating of C. 2. The site where the compressor station is proposed is pasture land with native grasses and weeds. The existing drainage sheet flows across the site from northwest Samuel Engineering We Provide Solutions 8450 East Crescent Parkways, Suite 200 Phone: 303.714.4840 Greenwood Village, CO 80111 FAX: 303.7144800 to southeast and into surrounding open fields. Currently there are no water quality features or erosion control measures for storm water runoff on the proposed site. 3. Stormwater from the improved site will be directed to a proposed 15,250 cubic -foot detention and water quality pond (the 15,250 cubic -foot volume is a calculated but preliminary number for storage) before discharging into the natural drainage patterns. The detention pond will be designed to hold the 100 -year 1 -hour event and release at the 10 -year 1 hour release rate following Weld County Drainage requirements for Non -Urbanizing Drainage Areas. CONCLUSIONS 1. The proposed detention will provide water quality and detention for the current and proposed site development and releasing stormwater at the historic rates. 2. A full drainage report will be prepared and submitted with grading plans and construction drawings. 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I - - ...ho 49:t.'4+4...0,?.•XF: I ,�?�, r� �Ir L .•,4canl.,.a.�w j�Rd1I+F17T'I+ 0VWNEWS CERTIPItAT� PL4NIVIN8IG0IAMI991i'IM �ERTIFI ATIOP •I _ ;PAR, red v. w.SkiasD+RR ILIA Y W1E1u' $ t-•• c6ril 1L.l,aM.414I. fl Ild .IF W IPA r u 4' '1 - - r b ] YviJ1110411If11[ 11EIOIT WWI.* — WO N— aiI>♦01,b1M 1nO'C�O.1 De r�.RLC ur% ill..�MISOIMS1NCIIAI E�.fmNonl. lir - -—C.tcia—s..I... roww Fallragai ,L s mu cis.n;sdriord Wdsvo A:re+anoik�tlYiyrdrit yn JIM)I1 46L.N11FOIf•kfMiipFKirMDIkPFYDY.fIM�.ti.K•4114.POl y6�tirNM_X+Mr tat fl Wan Matta *win >: Preliminary 1Trp 4a IL I.:,dJ DM, lNeanw'tamps warps a.1111 I. •17 Kit Far Cod9ccruetlnn a- . -, mad' in 1ITU tYr86bTAvMPk� 3 TAY; {7armti nirnAM F:N1S1191W 17YiFI1�iIIP�1 viwltp iVW9IY.. CO �` � eM M. �.Iu•a. " �L,' i a`t COMP 6SCf7 SrLTX Va I 1-(+S/61I I I,.Hl7iI - -' -.-o LxasdiA cOUu. t iletiniaL PLAri - - - `" :rrryau LROIY7n14•4•!'RsI1. t Is:� . It! r.. ,, ., Sanual EPIgt'Itwerla g rYrLe.Iry�.�+h�w r.w1W'1.�YF 9�1�IG IfiIA I'll gTlRlil o_ an' :II. .-. j1 r� a� G inn flTISS '. ... e.'i.l. _. _ 1 TG RS -C E-2 VI Om Siam rll4�i..i,'.� "^"' &If iii HICF �•n Ain I Will• kd eck tali lF-.t811GIA1 ••� A t I) Site Plan f H d DRAINAGE REPORT REVIEW CHECKLIST Project Name: US R18-0022 Verdad Resources The purpose of this checklist is to provide the applicant's Engineer a basic list of items that County Staff will review in regards to a drainage report. The drainage design shall meet the requirements of the Weld County Code and commonly accepted engineering practices and methodologies. A detention pond design (or other stormwater mitigation design) is appropriate for projects which have a potential to adversely affect downstream neighbors and public rights -of -way from changes in stormwater runoff as a result of the development project. The design engineer's role is to ensure adjacent property owners are not adversely affected by stormwater runoff created by development of the applicant's property. REPORT (2 = complete, ❑ = required) ❑Stamped by PE, scanned electronic PDF acceptable ❑Certification of Compliance ❑ Variance request, if applicable ❑ Description/Scope of Work Number of acres for the site 5.68 ❑ Methodologies used for drainage report & analysis Design Parameters ❑ Design storm ❑ Release rate ❑ URBANIZING or NON -URBANIZING ❑ Overall post construction site imperviousness ❑ Soils types stated in reports, maps needed ❑Discuss how the offsite drainage is being routed ❑ Conclusion statement must also include the following: ❑ Indicate that the historical flow patterns and run-off amounts will be maintained in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned pond i ng of storm run-off for the 100 -year storm. ❑ How the project impacts are mitigated. Construction Drawings ❑ Drawings stamped by PE, (scanned electronic PDF preferred) Drainage facilities ❑ Outlet details ❑ Spillway► Maintenance Plan ❑ Frequency of onsite inspections ❑ Repairs, if needed ❑ Cleaning of sediment and debris from drainage facilities ❑ Vegetation maintenance ❑ Include manufacturer maintenance specifications, if applicable Comments: 4/27/2016 Weld County Department of Planning Services I Development Review 1555 N. 17th Avenue, Greeley, CO 80631 I P h : 970-353-6100 I Fax: 970-304-6498 www.co.weld .co. us/Depa rtmen is/Planning Zoning sa- LURETON MIDSTREAM 518 17T" STREET SUITE 650 DENVER, CO80202 PHONE: 303-324-5967 July 16, 2018 Diana Aungst Weld County Planning 1555 North 17th Avenue Greeley, CO 80631 RE: USR18-0022 Condition of Approval 1G Dear Diana, Cureton Midstream has prepared the following plans to address Condition of Approval 16 which reads, "The applicant shall submit a Screening/Landscape Plan that screens the site from the Surrounding Property Owners and the right-of-way." The facility is a small footprint on a leased parcel of land. Cureton cannot construct tall berms surrounding the property due to site constraints. Water to irrigate the plant material is not available. Cureton reached out to surrounding property owners to share the visual mitigation analysis that was prepared. To date, only two property owners have agreed to meet with Cu reton to discuss potential visual mitigation for their property. These two property owners are considering placement of landscape materials on their property. Cureton has reached out numerous times to the adjacent property owners to review the visual mitigation analysis and discuss individual plans with them. You will find a copy of the visual mitigation analysis attached. These plans illustrate different views of the plant site prior to construction of the proposed compressor facility, and a simulated view of the property post -construction. These simulations and views were studied so that Cureton can best understand the concerns of the adjacent property owners. In addition, the results provide information that can be used for placement of plant materials. A sound wall will be constructed along the north, east and west sides of the compressor engines as illustrated on the attached Site Plan. This sound wall serves a second purpose of screening the facility visually from property owners to the north, east and west. The nearest property owner to the south is approximately 2,300' feet from the proposed facility. Cureton Midstream will select one of the two following plans to address Condition of Approval 16: Plan 1: Escrow A landscaping fund will be held in escrow to be managed by Cureton Midstream to fund landscaping for installation on the lots of adjacent landowners with views of the facility. Under no circumstances is Weld County obligated to manage or fund the landscaping fund. Plan 2: Landscape Installation The landscaping and screening plan shall include the following: sa- LURETON MIDSTREAM 518 17T" STREET SUITE 650 DENVER, CO80202 PHONE: 303-324-5967 • Planting of Honeysuckle on the southern portion of the chain link fence at a spacing of 20' on- center. • Additional berming will be added, as space allows in the southwest corner, the northwest corner and the northeast corner. It is anticipated these berms will be three feet tall. Native grasses will be planted on the berms that is drought tolerant. A seed mix that yields taller species of grasses will be selected. • A water truck will be used to irrigate plant materials until established. Cureton prefers to advance Plan 1 and we are seeking your approval of Plan 1 to address Condition of Approval 16. Sincerely, al Nick Holland Cureton Midstream Tiger Compressor Station Noise Modeling Report May 25, 2018 Prepared for: Cureton Midstream 518 17th Street, Suite 650 Denver, CO 80202 Prepared by: Behrens and Associates, Inc. 13806 Inglewood Avenue Hawthorne California, 90250 Andrew Truitt Senior Engineer Jason Peetz Engineering Manager Corporate Office: Hawthorne, California Carson, California — Ale o, Texas — Napa California — Longmont, Colorado — McDonald, Pennsylvania 800-679-8633 wwwv_environmental-noise-Control.c.om — ww\•v_drillin`noisecontrol_com Behrens and Associates, Inc. Environmental Noise Control 1. Introduction The following report provides a noise modeling assessment of the proposed Tiger Compressor Station operated by Curcton Midstream in relation to the CRS 25-12-103 noise regulations. The noise modeling includes currently proposed mechanical equipment per approved project documents dated 4/23/18. The Tiger Compressor Station Facility (40°2'9.63"N, 104°35'39.52"W) is located adjacent to the intersection of Weld County Road 49 and Weld County Road 6 approximately 3.6 miles southeast of Hudson, Colorado. The site is bordered by agricultural land with some single-family homes to the north, south, east, and west. Figure 1-1 identifies the pad location. To assess the predicted noise levels of the proposed operations, manufacturer sound level data of proposed equipment, exhaust silencers, and acoustical buildings was used when available. File sound level data previously measured and typical of the equipment was used when manufacturer sound level performance data was not available. The equipment sound level data was used to construct a noise model using SoundPLAN 8.0 software. The following is provided in this report: • A brief introduction of the fundamentals of noise. • A review of the applicable CRS 25-12-103 noise standards. • Discussion of noise modeling methodology and results. Figure 1-1 Cureton Midstream Location Introduction Behrens and Associates, Inc. Environmental Noise Control 2. Noise Fundamentals Sound is most commonly experienced by people as pressure waves passing through air. These rapid fluctuations in air pressure are processed by the human auditory system to produce the sensation of sound. The rate at which sound pressure changes occur is called the frequency. Frequency is usually measured as the number of oscillations per second or Hertz (Hz). Frequencies that can be heard by a healthy human ear range from approximately 20 Hz to 20,000 Hz. Toward the lower end of this range are low-pitched sounds, including those that might be described as a "rumble" or "boom". At the higher end of the range are high-pitched sounds that might be described as a "screech" or "hiss". Environmental noise generally derives, in part, from a combination of distant noise sources. Such sources may include common experiences such as distant traffic, wind in trees, and distant industrial or farming activities. These distant sources create a low-level "background noise" in which no particular individual source is identifiable. Background noise is often relatively constant from moment to moment but varies slowly from hour to hour as natural forces change or as human activity follows its daily cycle. Superimposed on this low-level, slowly varying background noise is a succession of identifiable noisy events of relatively brief duration. These events may include the passing of single -vehicles, aircraft flyovers, screeching of brakes, and other short-term events. The presence of these short-term events causes the noise level to fluctuate. Typical indoor and outdoor A -weighted sound levels are shown in Figure 2-1. Detailed acoustical definitions have been provided in Appendix A — Glossary of Acoustical Terms. COMMON OUTDOOR NOISE LEVEL COMMON INDOOR SOUND LEVELS dB (A) SOUND LEVELS _ _ 110 Rock Band B4t17-400 Takeoff at 2 mly Gas Lawn Mower at 3 ft. Diesel Truck at 150 ft. Da -9-30 Takeoff at 2 mi. Noisy Urban Daytime 8457 Takeoff at2 m . Commercial Area Quiet Urban Daytime Quiet Urban Nighttime Quiet Suburban Nighttime Quiet Rural Nighttime 100 Inside Subway Train (New York) Food Blender at 3 ft. Garbage Disposal at 3 ft. 'a' Shouting at 3 ft. 70 Vacuum Cleaner at10ft. Normal Speech 60 at3ft, ffice 5O Dishwn Large asher h,er usiness Next Room Small Theatre, Large Conference Room (Background) Library B e d ro o m at Night Concert Hall (Background Broadcast & Recording Studio Threshold of Hearing Figure 2-1 Typical Indoor and Outdoor A -Weighted Sound Levels Noise Fundamentals Behrens and Associates, Inc. Environmental Noise Control 3. CRS 25-12-103 Noise Standards The modeling analysis was developed to predict operational noise levels at adjacent properties and verify compliance of operations with the CRS 25-12-103 noise standards. The CRS code establishes permissible sound levels by type of property and hours of the day. The measurement location is defined in Section 25-12-103(1) as "Sound levels of noise radiating from a property line at a distance of twenty-five feet or more therefrom in excess of the dB(A) established for the following time periods and zones shall constitute prima facie evidence that such noise is a public nuisance". Based on the specifications of the CRS 25-12-103 code, the Residential noise level limits listed in Table 3-1 will be used throughout the report. Table 3-1. Colorado Noise Related Statues 25-12-103 (1) — Maximum Permissible Noise Levels Zone Maximum 7:00 am Noise to next (dBA) 7:00 pm Maximum Noise 7:00 pm to next (dBA) 7:00 am Residential 55 dBA 50 dBA Commercial 60 dBA 55 dBA Light Industrial 70 dBA 65 dBA Industrial 80 dl3A 75 dBA CRS 25-12-103 Noise Standards Behrens and Associates, Inc. Environmental Noise Control 4. Tiger Compressor Station Facility Noise Modeling 4.1 Noise Modeling Methodology The noise modeling was completed with use of three-dimensional computer noise modeling software. All models in this report were developed with Saundl'LAN 8.0 software using the ISO 9613-2 standard. Noise levels arc predicted based on the locations, noise levels and frequency spectra of the noise sources, and the geometry and reflective properties of the local terrain, buildings and barriers. SoundPLAN 8.0 software simulates light downwind conditions in all directions to ensure conservative assessments. The predicted noise levels represent only the contribution of the proposed gas plant operations and do not include ambient noise or noise from other facilities. Actual field sound level measurements may vary from the modeled noise levels due to other noise sources such as traffic, other facilities, other human activity, or environmental factors. The equipment sound level data used in the Tiger Compressor Station Facility plant modeling was sourced from equipment manufacturer data per approved project design documentation. The modeling results predicted are dependent on equipment and mitigation orientation as indicated per current (Rev. Date 4/23/18) project documentation. Figure 4-1 shows the Tiger Compressor Station plot plan and mechanical equipment layouts utilized in the study. Table 4-1 lists the modeled equipment for the facility. Table 4-1 Equipment Modeled for Tiger Compressor Station Facility Quantity Data Source Source Power (Lw dBA) Sound Level Equipment Type Proposed Equipment 4 Compressor Engine CAT 3516E Manufacturer Data 116.7 4 Compressor p Engine g Manufacturer Data 83.2 CAT 3516B with EMIT Silencer Model 4200Z- Exhaust 1616F-43CEE 1 CAF -43 CEE 4 Compressor Ariel JGT-4 Manufacturer Data 88.7 4 Compressor Heat Exchanger AXH 156EH Manufacturer Data 100.2 4 Compressor Exchanger (Mitigated Heat AXH 156EH with Manufacturer Data 81.9 SEMCO ST5005 Scenario) Silencer 4.2 Noise Sensitive Receptors The noise sensitive receptors have been chosen to be consistent with the requirements of the CRS 25-12-103 noise standards. The requirements indicate that sound levels of noise radiating from a property line at a distance of twenty- five feet or more therefrom in excess of the dB(A) established for the following time periods and zones shall constitute prima facie evidence that such noise is a public nuisance. As such, receptor locations were chosen at 25 ft. from the surrounding property lines of the Tiger Compressor Station Facility to represent potential regulatory measurement points should a complaint be made. Figure 4-2 shows the dBA noise sensitive receptor locations. Tiger Compressor Station Facility Noise Modeling Behrens and Associates, Inc. Environmental Noise Control I r w I et like Mkt; N (I t 01 . e .. e' I. le fit LLflIFPLItir lilaa. ia141141 11111k •tiI.I.Lt$l IHb.W1 lii74li:CTUC ILL'JiCilakk.141.C. 411111 tat* l4IlF. 11! LIDIi■1 JC 1'Tm4ii. 4h CU .fPi4L Isla IS 1.-Z• Iiii W 6 11-1h1 IL I ii'1J DI it bill Sill ibIF,44ile..Plan i.flflicISO RE Lam M. VI•Lfii44 L7flh1'IiC11.C11 ICItell ITIIb, L-JIlLa 1i4rliifl Ilia IPA WI t3PI Mi .+L. all MA l ll9!li LIP haft MD P-tllils%1 Will 61 D4 l He I. Pill b 7f CI a I LAI ILIPKI5i, Lk%I ELL Milt lilt IP IHI AIM LUMP LI L Iin PI LAIN l ? f : ' . _ ,• r' ii. 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Iry its; � a sri lr us hu nil.- A '.. 1'T kI 1 11" W .y i-IZ' Y �11.ir!f.,.1�.1 - WI t'!l L. e�i� MAO I •PM �_� f lr7 I l¢ 1 ! lP1 � 1rll +ill! t taw i 6 ' RS.* LOi1M ill ._ —� i L I . li - —� .—. _.. -. - n�SYsOe 1'811`: i LatJtl i!iryaf, 1 i i u.IJp •iaaa. - s_ , meting reetto ■ate. 1341 M• ai `i-k1ti,l'Ilt!�• tIs•�� !,M' a1 tie rrtiAt 1 �, 1 M' i h� 1 I TG$S"1�■+IiU i I'8 yr q 1 • 1 i+vM .. _. 1 •, .�.. .,, ,• l f' II - ti,1 I � c, 1 ff ? 5: .. i I fi A If F I Figure 4-1 Tiger Compressor Station Facility Plot Flan (Rev. Date 4/23/18, Drawing #17218) ) I II Tiger Compressor Station Facility Noise Modeling 7 Behrens and Associates, Inc. Environmental Noise Control Figure 4-2 Noise Sensitive Receptor Locations (dBA) dBA Compliance Assessment Locations Cureton Mid stream Property Lin e Tiger Compressor Station Facility Noise Modeling Behrens and. Associates,Inc. Lnvtronmental Noise Control 4.3 Noise Modeling Results Two modeling scenarios were created to investigate various options at the proposed site and are described in Table 4-2. The results of the noise modeling are presented in Table 4-3. The locations in the tables correspond to the receptor locations identified in Figure 4.2. The results of the noise modeling are also shown as noisecontour maps. Figure 4- 4 shows the Scenario 1 Noise Contour Map in dB. and Figure 4-5 shows the Scenario 2 Noise Contour Map in dBA. The noise contours are provided in 5 dB increments with the color scale indicating the sound level of each contour. Table 4-2 Modeled ce n ario s Modeled Scenario Description Scenario 1 Unmitigated — Compressor are EMIT silencers but are not enclosed skids and modeled do not included with specified any additional sound engine mitigation. exhaust Scenario 2 Mitigated — Compressor skids are modeled with specified EMIT engine exhaust silencers, ducted Semco ST5005 silencers are installed on the AXH 156EH heat exchangers, and approximately 240 linear feet of a 16 -foot -high acoustical perimeter wall with a Sound Transmission Class (SIC) rating of at least 40 to be install around the north, east, and south sides of the compressor skids. Table 4-3 Phase 1 Noise Modeling Results (dBA) Receptor Location Description Scenario 1 Scenario 2 Location 1 Southwest corner of Pancccl# 1475192000020 42.3 40.9 Location 2 South property line of Parcel# 147 5192 0O0O2 0 46.4 45.4 Location 3 South property line of 24366 ' CR 8 64.2 46.3 Location 4 West property line of 24639 WCR 6 34.8 26.9 Location 5 Southwest property line of 24 639 WCR 6 42.4 38.8 Location 6 North property line of 24639 WCR 6 44.3 40.6 Location 7 North property line of 1868 WCR 49 36.2 33.6 Allowable Level Noise 25 complainant, ft. from the property line of potential noise 55.0 Day 50.0 Night i 55.0 Day / 50.0 Night The numerical and graphical noise modeling results for Scenarios 1 indicate that the proposed operations of the Tiger Compressor Station are predicted to exceed the CRS noise limits by 14.2 dBA at Receptor Location 3. With implementation of the `tigation outlined in Scenario 2, the modeled receptor locations will comply with the daytime and nighttime dBA limits for CRS 25-12-103. Tiger Compressor Station Facility Noise Modeling 9 Behrens and Associates, Inc. Environmental Noise Control j ASE BOUNDARY !Thornily I L'J I PROP. AIR RECEIVERS 1.19 PROP METHANE SEPAR PROP. RECEIV PROP. LAUNC PROP, SEPARATOR SOP. AIR SKID EMP0RARY 'x.20' CONEX UILDINGS FUTURE DEHY PROP. DElV PROP. 71 CHAINLINK SECURITY FENCE PROP. COMBUSTOR Figure 4-3 Scenario 2 Proposed Mitigation O FLOW I itakie DISC HA FILTER/ n EXIST, PIPELINE EXISTS 12' DRIV 111run I' 240 Linear Feet of 16 -ft - High STC 40 Perimeter Acoustical Wall I ill,C'L taile i LEASE BOUNDARY PROPOSED DETENTIC DESIGN VOLUME = 1 NO BUILD/STORAGE 1 1 In 0 i. Tiger Compressor Station Facility Noise Modeling 10 Behrens and Associates, Inc. Environmental Noise Control Figure 4-4 Scenario 1 Noise Contour Map (dBA) Average Noise Level, Leq dBA, 3O0 35.0 40.0 45.0 50.0 55.0 60.0 65.0 70.0 75.0 80.0 85.0 90.0 Q 400 800 1200 1600 feet. Tiger Compressor Station Facility Noise Modeling 11 Behrens and Associates, Inc. Environmental Noise Control Figure 4-5 Scenario 2 Noise Contour Map ((IBA) Average Noise Level, Leg dBA a 30.0 35.0 40.0 45.0 50.0 55.0 60.0 65.0 70.0 75.0 80.0 85.0 90.0 0 400 800 1200 1600 feet Tiger Compressor Station Facility Noise Modeling 12 Behrens and Associates, Inc. Environmental Noise Control 5. Conclusion Predictive noise models were created to represent the proposed operations at the Tiger Compressor Station Facility operated by Cureton Midstream. Noise sensitive receptor locations included in the models were placed in compliance with the chosen noise standards of CRS 25-12-103. The numerical and graphical noise modeling results for Scenarios 1 indicate that the proposed operations of the Tiger Compressor Station are predicted to exceed the CRS noise limits by 14.2 dBA at Receptor Location 3. With implementation of the recommended mitigation outlined in Scenario 2, the modeled receptor locations will comply with the daytime and nighttime dBA limits for CRS 25-12-103 Conclusion Behrens and Associates, Inc. Environmental Noise Control Appendix A - Glossary of Acoustical Terms Glossary of Acoustical Terms Behrens and Associates, Inc. Environmental Noise Control Ambient Noise The all -encompassing noise associated with a given environment at a specified time, usually a composite of sound from many sources both near and far. Average Sound Level See Equivalent -Continuous Sound Level A -Weighted Decibel Scale The human ear is more sensitive to some sound frequencies than others. It is therefore common practice to apply a filter to measured sound levels to approximate the frequency sensitivity of the human ear. One such filter is called the A -weighted decibel scale which emphasizes sounds between 1,000 and 5,000 Hertz by discounting the frequencies outside of this range. As the human ear is less sensitive to low frequency noise, the A -weighted decibel scale begins to increasingly discount noise below 500 Hertz. Measurements conducted utilizing the A -weighted decibel scale are denoted with an "(A)" or "A" after the decibel abbreviation (dB(A) or dBA). The A -weighted scale is nearly universally used when assessing noise impact on humans. C -Weighted Decibel Scale High level low frequency noise can propagate large distances from its source. Although not always audible, high levels of low frequency noise can induce vibrations in objects or structures which could become evident in ways that might be annoying to humans (e.g., rattling of windows). The C -weighted decibel scale, which was developed to estimate human ear sensitivity to high noise levels, is a flatter filter that does not discount low frequency noise as much as the A -weighted decibel scale. As a result, a C -weighted decibel measurement could be significantly higher than an A -weighted decibel measurement if the noise being measured contains a heavy low frequency content. Measurements conducted utilizing the C -weighted decibel scale are denoted with an "(C)" or "C" after the decibel abbreviation (dB(C) or dBC). C -weighted noise level limits are sometimes included in noise regulations as a way to address low frequency environmental noise issues. Community Noise Equivalent Level (CNEL) A 24 -hour A -weighted average sound level which takes into account the fact that a given level of noise may be more or less tolerable depending on when it occurs. The CNEL measure of noise exposure weights average hourly noise levels by 5 dB for the evening hours (between 7:00 pm and 10:00 pm), and 10 dB between 10:00 pm and 7:00 am, then combines the results with the daytime levels to produce the final CNEL value. It is measured in decibels, dbs. Day -Night Average Sound Level (Ldn) A measure of noise exposure level that is similar to CNEL except that there is no weighting applied to the evening hours of 7:00 pm to 10:00 pm. It is measured in decibels, dB. Glossary of Acoustical Terms Behrens and Associates, Inc. Environmental Noise Control Daytime Average Sound Level The time -averaged A -weighted sound level measured between the hours of 7:00 am to 7:0O pm. It is measured in decibels, dB. Decay Rate The time taken for the sound pressure level at a given frequency to decrease in a room. It is measured in decibels per second, dB/s. Decibel (dB) The basic unit of measurement for sound level. Direct Sound Sound that reaches a given location in a direct line from the source without any reflections. Divergence The spreading of sound waves from a source in a free field, resulting in a reduction in sound pressure level with increasing distance from the source . Energy Basis This refers to the procedure of summing or averaging sound pressure levels on the basis of their squared pressures. This method involves the conversion of decibels to pressures, then performing the necessary arithmetic calculations, and finally changing the pressure back to decibels. Equivalent -Continuous Sound Level (Leq) The average sound level measured over a specified time period. It is a single -number measure of time - varying noise over a specified time period. It is the level of a steady sound that, in a stated time period and at a stated location, has the same A -Weighted sound energy as the time -varying sound. For example, a person who experiences an Leq of 60 dB(A) for a period of 10 minutes standing next to a busy street is exposed to the same amount of sound energy as if he had experienced a constant noise level of 60 dB(A) for 10 minutes rather than the time -varying traffic noise level. It is measured in decibels, dB. Fast Response A setting on the sound level meter that determines how sound levels are averaged over time. A fast sound level is always more strongly influenced by recent sounds, and less influenced by sounds occurring in the distant past, than the corresponding slow sound level. For the same non -steady sound, the maximum fast sound level is generally greater than the corresponding maximum slow sound level. Fast response is typically used to measure impact sound levels. Field Impact Insulation Class (FIIC) A single number rating similar to the impact insulation class except that the impact sound pressure levels are measured in the field. Glossary of Acoustical Terms Behrens and Associates, Inc. F nv iron inc nta1 Noise Control Field Sound Transmission Class (FTC) A single number rating similar to sound transmission class except that the transmission loss values used to derive this class are measured in the field. Flanking Sound Transmission The transmission of sound from a room in which a source is located to an adjacent receiving room by paths other than through the common partition. Also, the diffraction of noise around the ends of a barrier. Frequency The number of oscillations per second of a sound wave Hourly Average Sound Level (HNL) The equivalent -continuous sound level, Leg, over a 1 -hour period. Impact Insulation Class (IIC) A single number rating used to compare the effectiveness of floor/ceiling assemblies in providing reduction of impact -generated sound such as the sound of a person's walking across the upstairs floor. Impact Noise The noise that results when two objects collide. Impulse Noise Noise of a transient nature due to the sudden impulse of pressure like that created by a gunshot or balloon bursting. Insertion Loss The decrease in sound power level measured at the location of the receiver when an element (e.g., a noise barrier) is inserted in the transmission path between the sound source and the receiver. Inverse Square Law A rule by which the sound intensity varies inversely with the square of the distance from the source. This results in a 6dB decrease in sound pressure level for each doubling of distance from the source. Ln Percentile Sound Level The noise level exceeded for n% of the measurement period where n is between 0.01% and 99.99%. Usually includes a descriptor i.e. A -weighting. Common Ln values include L, .1O, L 50, and LA9O levels. L 10 would represent the A -weighted sound level that is exceeded for 10% of the measurement period. Masking The process by which the thresholdof hearing for one sound is raised by the presence of another sound. Maximum Sound. Level (Lmax) The greatest sound level measured on a sound level meter during a designated time interval or event. Glossary of Acoustical Terms 17 Behrens and Associates, Inc. Environmental Noise Control NC Curves (Noise Criterion Curves) A system for rating the noisiness of an occupied indoor space. An actual octave -band spectrum is compared with a set of standard NC curves to determine the NC level of the space. Noise Isolation Class (NIC) A single number rating derived from the measured values of noise reduction between two enclosed spaces that are connected by one or more partitions. Unlike STC or NNIC, this rating is not adjusted or normalized to a measured or standard reverberation time. Noise Reduction The difference in sound pressure level between any two points. Noise Reduction Coefficient (NRC) A single number rating of the sound absorption properties of a material. It is the average of the sound absorption coefficients at 250, 500, 1000, and 2000 Hz, rounded to the nearest multiple of 0.05. Normalized Noise Isolation Class (NNIC) A single number rating similar to the noise isolation class except that the measured noise reduction values are normalized to a reverberation time of 0.5 seconds. Octave The frequency interval between two sounds whose frequency ratio is 2. For example, the frequency interval between 500 Hz and 1,000 Hz is one octave. Octave -Band Sound Level For an octave frequency band, the sound pressure level of the sound contained within that band. One -Third Octave The frequency interval between two sounds whose frequency ratio is 2111/3). For example, the frequency interval between 200 Hz and 250 Hz is one-third octave. One -Third -Octave -Band Sound Level For a one -third -octave frequency band, the sound pressure level of the sound contained within that band. Outdoor -Indoor Transmission Class (OITC) A single number rating used to compare the sound insulation properties of building facade elements. This rating is designed to correlate with subjective impressions of the ability of facade elements to reduce the overall loudness of ground and air transportation noise. Peak Sound Level (Lpk) The maximum instantaneous sound level during a stated time period or event. Pink Noise Noise that has approximately equal intensities at each octave or one -third -octave band. Glossary of Acoustical Terms Behrens and Associates, Inc. Environmental Noise Control Point Source A source that radiates sound as if from a single point. RC Curves (Room Criterion Curves) A system for rating the noisiness of an occupied indoor space. An actual octave -band spectrum is compared with a set of standard RC curves to determine the RC level of the space. Real -Time Analyzer (RTA) An instrument for the determination of a sound spectrum. Receiver A person (or persons) or equipment which is affected by noise. Reflected Sound Sound that persists in an enclosed space as a result of repeated reflections or scattering. It does not include sound that travels directly from the source without reflections. Reverberation The persistence of a sound in an enclosed or partially enclosed space after the source of the sound has stopped, due to the repeated reflection of the sound waves. Room Absorption The total absorption within a room due to all objects, surfaces and air absorption within the room. It is measured in Sabins or metric Sabins. Slow Response A setting on the sound level meter that determines how measured sound levels are averaged over time. A slow sound level is more influenced by sounds occurring in the distant past that the corresponding fast sound level. Sound A physical disturbance in a medium (e.g., air) that is capable of being detected by the human ear. Sound Absorption Coefficient A measure of the sound -absorptive property of a material. Sound Insulation The capacity of a structure or element to prevent sound from reaching a receiver room either by absorption or reflection. Sound Level Meter (SLM) An instrument used for the measurement of sound level, with a standard frequency -weighting and standard exponentially weighted time averaging. Glossary of Acoustical Terms Behrens and Associates, Inc. Environmental Noise Control Sound Power Level A physical measure of the amount of power a sound source radiates into the surrounding air. It is measured in decibels. Sound Pressure Level A physical measure of the magnitude of a sound. It is related to the sound' s energy. The terms sound pressure level and sound level are often used interchangeably. Sound Transmission Class (STC) A single number rating used to compare the sound insulation properties of walls, floors, ceilings, windows, or doors. This rating is designed to correlate with subjective impressions of the ability of building elements to reduce the overall loudness of speech, radio, television, and similar noise sources in offices and buildings. Source Room A room that contains a noise source or sources Spectrum The spectrum of a sound wave is a description of its resolution into components, each of different frequency and usually different amplitude. Tapping Machine A device used in rating different floor constructions against impacts. It produces a series of impacts on the floor under test, 10 times per second. Tone A sound with a distinct pitch Transmission Loss (TLS A property of a material or structure describing its ability to reduce the transmission of sound at a particular frequency from one space to another. The higher the TL value the more effective the material or structure is in reducing sound between two spaces. It is measured in decibels. White Noise Noise that has approximately equal intensities at all frequencies. Windscreen A porous covering for a microphone, designed to reduce the noise generated by the passage of wind over the microphone. Glossary of Acoustical Terms 20 Isabella Juanicorena From: Auto_ ender@Accela.com To: mskelskey@SarnuelEngineering.com Subject: Your Application Has Been Deemed Complete Thank you for your Natural Gas Compressor Facility Application. We have deemed your application complete and are continuing to process your application. Please reference Case Number USR18-0022 if you have any questions about your case. If you need further assistance, please feel free to contact our office at 970-353-6100 ext 3540. 1 Hello