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Home My WebLink About20161653.tiff RESOLUTION RE : APPROVE MODIFICATIONS TO SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR15-0020, FOR MINERAL RESOURCE DEVELOPMENT FACILITIES, OIL AND GAS SUPPORT AND SERVICE (CLASS II OILFIELD WASTE DISPOSAL FACILITY - SALTWATER INJECTION FACILITY) IN THE A (AGRICULTURAL) ZONE DISTRICT - WADE CASTOR AND DELAND CASTOR, C/O BNN WESTERN , LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado . pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado , and WHEREAS , on July 15 , 2015 , the Weld County Board of Commissioners approved the application of Wade Castor. 22791 Highway 39 , Weldona, CO 80653-7908, and Deland Castor, 25450 CR 10 , Weldona . CO 80653-7908, c/o Whiting Oil and Gas , 1700 Broadway. Suite 2300, Denver, CO 80290, for a Site Specific Development Plan and Use by Special Review Permit, USR15-0020 , for Mineral Resource Development Facilities, Oil and Gas Support and Service (non-commercial Class II Oilfield Waste Disposal Facility — saltwater injection facility) in the A (Agricultural) Zone District. on the following described real estate , being more particularly described as follows: Subdivision Exemption . SUBX15-0011 ; being part of the SW1 /4 of Section 16 , Township 9 North , Range 59 West of the 6th P . M . , Weld County, Colorado WHEREAS, the Board of County Commissioners held a public hearing on the 1st day of June , 2016 . at the hour of 10: 00 a . m . , in the Chambers of the Board . for the purpose of hearing the applicant' s request for modifications to the Use by Special Review Permit prior to recording the Plat. reflected herein , and WHEREAS, at said hearing , the applicant was present, and WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of said Use by Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendation of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and , having been fully informed , finds that this request shall be approved for the following reasons : 1 . The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2 . It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 23-2-230. B of the Weld County Code as follows : A. Section 23-2-230 . B. 1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Lam ' PL I PE , e- - ► O4 2016- 1653 - aa - t la PL2355 SPECIAL REVIEW PERMIT ( USR15-0020) - WADE CASTOR AND DELAND CASTOR , 0/O BNN WESTERN , LLC PAGE 2 1 ) Section 22-2-20 . G . 2 (A. Policy 7 . 2) states: "Conversion of agricultural land 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 site is in a rural agricultural area . Conditions of Approval and Development Standards (on-site lighting is required to be shielded and downcast and a noise limit Development Standard is attached) are proposed to ensure compatibility with the surrounding area. 2) Section 22-4- 140. B (EP . Goal 2) of the Weld County Code states: "Mineral resource exploration and production waste facilities should be planned, located, designed and operated to encourage compatibility with surrounding land uses in terms of items such as general use, scale, height. traffic, dust. noise and visual pollution. ' The site is located in a sparsely populated rural area . The nearest residence is approximately one ( 1 ) mile to the east . The facility is completely screened from this residence by an existing hill/escarpment. 3) Section 22-4- 140. B . 1 (EP. Policy 2 . 1 ) states: "In reviewing the operational and reclamation plans for solid and brine waste disposal facilities, the County should impose such conditions, as necessary. to minimize or eliminate the potential adverse impact of the operation on surrounding properties and wildlife resources. " The site is in a rural area . Conditions of Approval and Development Standards (on-site lighting is required to be shielded and downcast and a noise limit Development Standard is attached) are proposed to ensure compatibility with the surrounding area . B . Section 23-2-230 . B . 2 - The proposed use is consistent with the intent of the A (Agricultural) Zone District. 1 ) Section 23-3-40 .A. 2 of the Weld County Code allows Oil and Gas Support and Service Facilities ( Disposal and Recycling Sites for Production Waste) as a Use by Special Review Permit in the A (Agricultural ) Zone District. C . Section 23-2-230. B. 3 - The uses which will be permitted will be compatible with the existing surrounding land uses . The proposed facility is located in a rural area . The nearest residence is approximately one ( 1 ) mile to the east. The facility is completely screened from this residence by an existing hill/escarpment. D . Section 23-2-230. B .4 - The uses which will be permitted will be compatible with future development of the surrounding area , as permitted by the 2016- 1653 PL2355 SPECIAL REVIEW PERMIT ( USR15-0020) - WADE CASTOR AND DELAND CASTOR , 0/O BNN WESTERN , LLC PAGE 3 existing zoning , and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The site is not located within a three (3) mile referral area of any municipality, nor is it located within any existing Intergovernmental Agreement Area (IGA) of a municipality. Building permits issued on the property will be required to adhere to the fee structure of the County-Wide Road Impact Fee, County Facility Fee and Drainage Impact Fee Programs. E . Section 23-2-230 . B. 6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed Use . The proposed facility is located on approximately nine (9) acres delineated as "Other, " per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. F . Section 23-2-230 . B. 7 — The Design Standards (Section 23-2-240 , Weld County Code) , Operation Standards (Section 23-2-250, Weld County Code) . Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of the health . safety, and welfare of the inhabitants of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request for modifications to the Use by Special Review Permit of Wade Castor and Deland Castor, c/o BNN Western , LLC . for a Site Specific Development Plan and Use by Special Review Permit. USR15-0020, for Mineral Resource Development Facilities . Oil and Gas Support and Service (Class II Oilfield Waste Disposal Facility — saltwater injection facility) in the A (Agricultural) Zone District. on the parcel of land described above be , and hereby is . granted subject to the following conditions : 1 . Prior to recording the map: A. An Improvements Agreement and Road Maintenance Agreement is required for off-site improvements at this site. Road maintenance. including dust control , damage repair. specified haul routes and future triggers for improvements, will be included . B . A Final Drainage Report and Certificate of Compliance, stamped and signed by a Professional Engineer registered in the State of Colorado, is required . C . The map shall be amended to delineate the following : 1 ) All sheets of the map shall be labeled USR15-0020. 2) The attached Development Standards. 2016- 1653 PL2355 I SPECIAL REVIEW PERMIT ( USR15-0020) - WADE CASTOR AND DELAND CASTOR , C/O BNN WESTERN , LLC PAGE 4 3) The map shall be prepared in accordance with Section 23-2-260. D of the Weld County Code. 4) Delineate the site lighting for compliance with Section 23-3-250 . B.6 of the Weld County Code. 5) All signs shall be shown and shall adhere to Chapter 23 , Article IV, Division 2 and Appendices 23-C . 23-D and 23-E of the Weld County Code. 6) County Road (CR) 113 is an unmaintained section line right-of-way. The applicant shall verify and delineate the existing right-of-way and the documents creating the right-of-way. All setbacks shall be measured from the edge of future right-of-way. This road is not maintained by Weld County. 7) Show the approved access and label with the approved Access Permit Number. 8) The applicant shall specifically indicate the type of right-of-way/easement and whether it is dedicated , private , or deeded and label with recorded document, book and page and/or reception number. 9) Show and label the approved tracking control onto publically maintained roadways. 10) Show the accepted water quality feature with volume and label as WATER QUALITY FEATURE , NO-BUILD OR STORAGE AREA. 11 ) Show and label the accepted drainage features , drainage flow arrows , turning radii , and parking and circulation . 2 . Upon completion of Condition of Approval #1 above . the applicant shall submit one ( 1 ) paper copy or one ( 1 ) electronic copy ( . pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon approval of the map, the applicant shall submit a Mylar map along with all other documentation required as Conditions of Approval . The Mylar map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Section 23-2-260. D of the Weld County Code. The Mylar map and additional requirements shall be submitted within one hundred twenty ( 120) days from the date of the Board of County Commissioners Resolution . The applicant shall be responsible for paying the recording fee. 3. In accordance with Weld County Code Ordinance #2012-3 , approved April 30, 2012. should the map not be recorded within the required one hundred 2016- 1653 PL2355 SPECIAL REVIEW PERMIT ( USR15-0020) - WADE CASTOR AND DELAND CASTOR . C/O BNN WESTERN , LLC PAGE 5 twenty ( 120) days from the date of the Board of County Commissioners Resolution , a $50. 00 recording continuance charge shall added for each additional three (3) month period . 4 . The Department of Planning Services respectfully requests a digital copy of this Use by Special Review, as appropriate. Acceptable CAD formats are . dwg , . dxf, and . dgn (Microstation) ; acceptable GIS formats are ArcView shapefiles or ArcGIS Personal GeoDataBase (MDB) . The preferred format for Images is .tif (Group 4) . (Group 6 is not acceptable) . This digital file may be sent to maps@co.weld . co . us . 5. Prior to Operation : A. Construction of the approved access and/or tracking control improvements is required . B . The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency Management and the Fire District. The plan shall be reviewed on an annual basis by the Facility operator, the Fire District and the Weld County Office of Emergency Management. Submit evidence of acceptance to the Department of Planning Services . 6 . The Use by Special Review activity shall not occur. nor shall any building or electrical permits be issued on the property, until the Use by Special Review map is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement. The above and foregoing Resolution was . on motion duly made and seconded , adopted by the following vote on the 1st day of June . A. D. . 2016. BOARD OF COUNTY COMMISSIONERS WELD COUNTY , COLORADO ATTEST : Mike Freeman, Chair Weld County Clerk to the Board -- ra) / - r _ ti_. a i P. Conway, Pro-Te -�-,C tiC� ' !, Depu Clerk to the Board . , '' /IL/ ,7 [set te;s ....ca . Cozad 44aiit 440.,4 APP D A TM : RI • / .' HP 'r % %Jr °� tiara Kirkmeyer ounty Attorney ap 16 Steve Moreno Date of signature : / (� 2016- 1653 PL2355 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS WADE CASTOR AND DELAND CASTOR, C/O BNN WESTERN , LLC USR15-0020 1 . The Site Specific Development Plan and Use by Special Review Permit, USR15-0020, is for Mineral Resource Development Facilities , Oil and Gas Support and Service (Class II Oilfield Waste Disposal Facility - saltwater injection facility) in the A (Agricultural) Zone District, subject to the Development Standards stated hereon . 2 . Approval of this plan may create a vested property right pursuant to Section 23-8- 10 of the Weld County Code . 3. The hours of operation are 24 hours a day, seven (7) days a week, as stated by the applicant(s) . 4 . All signs shall adhere to Chapter 23, Article IV. Division 2 and Appendices 23-C . 23-D and 23-E of the Weld County Code. 5 . No disposal of waste . other than Class II , as currently defined by the Environmental Protection Agency, is permitted. Any changes from the approved Class II use will require an amendment to this Use by Special Review Permit. 6. All liquid wastes received at the facility shall be unloaded on the unloading pad . The unloading/loading pad leak detection system shall be constructed and operated in accordance with the approved design . The unloading pad will be kept in good condition and cleaned at a frequency that prevents oils and other wastes from building up on the pad . During winter months . the facility shall maintain the unloading pad free of ice . 7 . Analytical waste data and environmental monitoring data shall be made available to Weld County Department of Public Health and Environment (WCDPHE) upon request. The WCDPHE reserves the right to require additional monitoring . 8. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act. Section 30-20- 100 . 5 , C . R. S . ) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination . 9. No permanent disposal of wastes shall be permitted at this site . This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20- 100 . 5. C . R . S . 10. A leak detection system shall be designed and installed beneath concrete unloading pad (s) . piping , and sump(s) . The unloading pad shall be kept in good condition and leak detection and unloading pad plans shall be on-site and available upon request. 11 . Secondary containment shall be concrete for all storage and processing tanks . Secondary containment volume shall provide containment for the entire contents of the largest single tank plus sufficient freeboard to allow for precipitation . The plans and engineered drawings 2016-1653 PL2355 DEVELOPMENT STANDARDS ( USR15-0020) - WADE CASTOR AND DELAND CASTOR , C/O BNN WESTERN , LLC PAGE 2 will be stamped and signed by a Colorado registered Professional Engineer (PE) . Synthetic structures (non-concrete) are permitted , provided a Colorado registered PE provides a certification indicating that the proposed alternate containment system meets , or exceeds, the function of a concrete system with regard to containment, spills, and unintended releases . The secondary containment shall be kept in good condition . Secondary containment plans and certifications, volume calculations demonstrating sufficient freeboard is available , and PE stamped drawings shall be on-site and available upon request. 12 . Unloading pad(s) , secondary containment and tanks shall be inspected for integrity and leaks at least monthly. Documentation of inspections will be kept onsite and available upon request. 13. Any stained or contaminated soils on the facility shall be removed and disposed of in accordance with applicable rules and regulations. All spills will be documented and records will be kept onsite for WCDPHE review upon request. All spills will be reported to local , state and federal agencies in accordance with all state and federal regulations. 14 . The WCDPHE will be notified prior to the closure of the facility. Upon site closure, the facility will remove all wastes from the site and decontaminate all equipment. tanks, and secondary containment. All wastes removed from the site during closure activities will be disposed of off-site , in accordance with all state and federal rules and regulations and with Weld County Code . Documentation of closure activities will be provided to the WCDPHE . 15. The facility shall comply with the accepted Groundwater Monitoring Plan . 16. All stormwater which has come into contact with waste materials on the site shall be confined on the site. In the event the stormwater is not adequately controlled on the site, upon written notification from the WCDPHE or CDPHE . a comprehensive site-wide Stormwater Plan shall be developed and implemented . The plan must be approved , in writing . by the WCDPHE or CDPHE , prior to implementation . 17 . Waste materials shall be handled , stored, and disposed of in a manner that controls fugitive dust, fugitive particulate emissions , blowing debris, and other potential nuisance conditions . The facility shall operate in accordance with the accepted Waste Handling Plan and with Chapter 14 , Article 1 of the Weld County Code . at all times. 18 . Fugitive dust and fugitive particulate emissions should be controlled on this site. Fugitive dust should attempt to be confined on the property. Uses on the property shall comply with the Colorado Air Quality Commission's air quality regulations . 19 . This facility shall adhere to the maximum permissible noise levels allowed in the Non-Specified Zone District, as delineated in Section 14-9-30 of the Weld County Code or with all applicable state noise statutes and/or regulations. 2016- 1653 PL2355 DEVELOPMENT STANDARDS (USR15-0020) - WADE CASTOR AND DELAND CASTOR, C/O BNN WESTERN , LLC PAGE 3 20. All potentially hazardous chemicals must be handled in a safe manner in accordance with product labeling and in a manner that minimizes the release of hazardous air pollutants and volatile organic compounds. All chemicals must be stored securely, on an impervious surface, and in accordance with manufacturer's recommendations . 21 . Adequate drinking , handwashing and toilet facilities shall be provided for employees and patrons of the facility, at all times . As employees or contractors are on-site for less than two (2) consecutive hours a day, portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the WCDPHE . Portable toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers. 22. A Spill Prevention , Control and Countermeasure Plan , prepared in accordance with the p applicable provisions of 40 CFR, Part 112 . shall be available on-site. 23. The applicant shall acquire an Air Pollution Emission Notice (APEN ) and Emissions Permit Application from the Air Pollution Control Division (APCD) , Colorado Department of Health and Environment, if applicable. 24. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code . 25. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the plan . Neither the direct, nor reflected , light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets . No colored lights may be used which may be confused with , or construed as . traffic control devices . 26. Should noxious weeds exist on the property . or become established as a result of the proposed development. the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II , of the Weld County Code . 27 . The historical flow patterns and runoff amounts will be maintained on the site 28 . Weld County is not responsible for the maintenance of on-site drainage related features. 29. There shall be no parking or staging of vehicles on County roads. On-site parking shall be utilized . 30. The right-of-way or easement shall be graded and drained to provide an all-weather access . 31 . There shall be no tracking of dirt or debris from the site onto publically maintained roads. The applicant is responsible for mitigation of any offsite tracking and maintaining on-site tracking control devices . 2016- 1653 PL2355 DEVELOPMENT STANDARDS (USR15-0020) - WADE CASTOR AND DELAND CASTOR, C/O BNN WESTERN , LLC PAGE 4 32 . Building permits may be required , per Section 29-3- 10 of the Weld County Code . Currently, the following have been adopted by Weld County: 2012 International Codes, 2006 International Energy Code, and 2014 National Electrical Code. 33. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code . 34 . Necessary personnel from the Weld County Departments of Planning Services , Public Works , and Public Health and Environment shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations. 35. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations . Substantial changes from the plans or Development Standards, as shown or stated , shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted . Any other changes shall be filed in the office of the Department of Planning Services . 36. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards . Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 37. The Weld County Right to Farm Statement, as it appears in Section 22-2-20 . J . 2 of the Weld County Code , shall be placed on the map and recognized at all times . 2016- 1653 PL2355 �. I864- MEMORANDUM t� )1,I k` ✓'l 11 f• TO: Weld County Commissioners V✓ DATE: May 22, 2016 FROM: Chris Gathman ( rd- ------ SUBJECT: Proposal to modify USR15-0020 to change from a Non-Commercial to a Commercial Class II Oilfield Waste Disposal Facility) Location: West of and adjacent to County Road 115 and north of and adjacent to County Road 104. Legal Description: Subdivision Exemption, SUBX15-0011; being part of the SW4 of Section 16 T9N R59W. Request A Site Specific Development Plan and Special Review Permit for Mineral Resource Development Facilities, Oil and Gas Support and Service (Modification from Non-Commercial to Commercial Class II Oilfield Waste Disposal Facility- Saltwater Injection Facility) in the A(Agricultural)Zone District. Background: USR15-0020 (Non-Commercial Class II Oilfield Waste Disposal Facility—Saltwater Injection Facility)was approved by the Board of County Commissioners on July 15, 2015. The USR15-0020 plat has not been recorded. The original applicant for this case was Whiting Oil and Gas. Whiting transferred operatorship of the facility to BNN Western, LLC, a subsidiary of BNN Water Solutions and Tallgrass Energy Partners, in December of 2015. The request indicates that no other 3rd party waste will be disposed of under this USR (only waste generated by Whiting). Should the Board approve this, the following modifications would be required to the USR15-0020 resolution: • Remove the word "Non Commercial"from the resolution title at the top of page#1. • Remove the word "non commercial"from the resolution under the second whereas on page #1. • Remove the word "Non Commercial" from Development Standard #1 on page 6 of the resolution. • Remove the sentence"No Class II waste, other than Class II waste from wells operated by the injection well operator, is permitted for disposal."from Development Standard #5 on page 6 of the resolution." Staff Recommendation: The major potential impact that could result from this change would be the increase in truck traffic. The application indicates that this will not increase traffic coming to and from the site (Whiting). The original USR traffic narrative indicates a total of ten (10)tanker trucks would access the site on a daily basis. The original request stated that the majority of waste water will be piped to the facility. Additionally, an Improvements and Road Maintenance Agreement is still attached as a condition of approval to address impacts with dust control, damage repair, specified haul routes and future triggers for road improvements be required. Staff recommends approval of these requested changes. TALLGRASS ERCY PARINEKS BNN WESTERN, LLC May 19, 2016 VIA Email Weld County Department of Planning Services Chris Gathman, Planner III 1555 N. 17`h Ave. Greeley, CO 80631 Re: Request to modify Use by Special Review Permits USR15-0020 & USR15-0021 Mr. Gathman: Pursuant to our previous conversations, this letter is to formally outline and request modifications to the terms of the referenced USR permits. BNN Western, LLC ("BNN") , a subsidiary of BNN Water Solutions, LLC and Tallgrass Energy Partners, LP acquired certain assets from Whiting Oil & Gas Corporation ("Whiting") in December, 2015. Among the assets acquired included three operating saltwater disposal wells ("SWD's") in Weld County. Two of these SWD's. permitted under USR15-0020 & USR15-0021 . were approved by Weld County as excerpted from the Resolution: ". . . (Non-Commercial Class Il Oilfield Waste Disposal Facility- Saltwater Injection Facility). . . " Further, Development Standard No. 5 and No. 6 of the respective Resolutions state: "No Disposal of waste, other than Class II, as currently defined by the Environmental Protection Agency, is permitted. No Class ll waste, other than Class ll waste from wells operated by the injection well operator, is permitted for disposal. Any changes from the approved Class Il use will require an amendment to this Use by Special Review Permit. " BNN assumed operatorship of the SWD's from Whiting in December, 2015 and currently only dispose of Class II waste produced from oil and gas wells operated by Whiting, no other third party waste is being disposed of in the SWD's. Also, there has not been any change in truck traffic or other uses greater than what is permitted under the USR permits. Almost all waste that is being disposed of is transported to the site via underground pipelines from the production tank batteries. Due to the highlighted language of the excerpts and any other similar restrictive language within the Resolutions, BNN would like to make the following requests of the Planning Department and Board of County Commissioners: 370 Van Gordon Street Lakewood, CO 80228- 1519 303.763.3305 1 . Modify the language of the Resolutions to, at a minimum, allow for the disposal of Class II waste from wells operated by Whiting, regardless of who the injection well operator is, so long as there no increase in truck traffic, noise, or dust at the facilities. 2. Expanding on the request in #1 , BNN would like to further request that the USR permits allow for the disposal of any third party Class II waste that is transported to the site via pipeline, so long as there is no increase in truck traffic, noise, or dust at the facilities. Any expansion of the facilities or projected increase in truck traffic that is not currently permitted by the USR's would be subject to a future amendment. BNN greatly appreciates the county's cooperation and consideration in this matter. If you have any questions or concerns, please contact me at 303-763-3305. Sincerely, BNN WESTERN, LLC C dy Wagoner Senior Agent, Land & Right of Way 4173229 County CO When Recorded, Mail To: 01 /. 15/2016 12 . 57 pM • 1 of 12 Carly K0ppes R F;:rer : . r? Land Department clerk and Racorder BNN Redtail, LLC lk �� y,��„{ �� IIII 370 Van Gordon Street Lakewood, CO 80228 ASSIGNMENT AND ASSUMPTION OF LEASES AND OTHER AGREEMENTS THIS ASSIGNMENT AND ASSUMPTION OF LEASES AND OTHER AGREEMENTS (this "Assignment") is made and entered into as of the 16th day of December, 2015 (the "Effective Date"), by and between Whiting Oil and Gas Corporation, a Delaware corporation, with an address of 1700 Broadway, Suite 2300, Denver, Colorado, 80290 ("Assignor"), and BNN WESTERN, LLC, a Delaware limited liability company, with an address of 370 Van Gordon Street, Lakewood, CO 80228 ("Assignee") (Assignor and Assignee may be referred to herein, individually, as a "Party" or, collectively, as the "Parties"). RECITALS : A. Concurrently with the delivery of this Assignment, Assignor has sold to Assignee and Assignee has purchased from Assignor certain assets in Weld County, State of Colorado, pursuant to that certain Transfer, Purchase and Sale Agreement by and among Assignor, Assignee, and BNN Redtail, LLC, a Delaware limited liability company, dated as of Effective Date, as same may have been amended from time to time (the "Purchase Agreement"). B. Assignor is the tenant pursuant to the Surface Leases and a party to other agreements relating to certain real property located in Weld County, State of Colorado (each an "Agreement" and, collectively, the "Agreements"), which Agreements are specifically described on Exhibit A attached hereto. C. Pursuant to the Purchase Agreement, Assignor is to assign to Assignee all of Assignor's right, title, and interest in, to, and under the Agreements. D. Assignee desires to accept such assignment of the Agreements in accordance with the terms and conditions set forth herein. E. The Parties are entering into this Assignment in furtherance of the foregoing. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor and Assignee hereby agree as follows: 1 . Defined Terms. Capitalized terms which are used but not defined in this Assignment shall have the meanings ascribed to such terms on Exhibit B attached hereto. 1 Pages .• 2 of 12 4173229 R Fee : $66 00 co 57 PM derdCountyN eãFi ide IC �'IT�I� Mho,� 2. Assignment of the Agreements. Effective as of the Effective Date, Assignor hereby assigns to Assignee all of Assignor's right, title, and interest in, to, and under the Agreements, together with any and all rights, title, estates, and interests of Assignor as tenant or otherwise under the Agreements, and any and all rights, privileges, easements, rights of way, and appurtenances appertaining thereto (including any security deposits and prepaid rents), free and clear of any Liens, other than Permitted Liens, arising by, through or under Assignor. 3. Assumption of the Agreements. Effective as of the Effective Date, Assignee hereby assumes all of the obligations of tenant or otherwise of Assignor under the Agreements (including that Assignee assumes and undertakes to keep, observe, and perform all the agreements, terms, conditions, and covenants of tenant or otherwise of Assignor in the Agreements) arising after the Effective Date. 4 . Purchase Agreement. This Assignment is made pursuant to the Purchase Agreement and incorporates the terms and provisions thereof, including the representations and indemnities contained in the Purchase Agreement by this reference, as though repeated verbatim herein. 5. Recording. This Assignment shall be recorded in the records of the Clerk and Recorder of Weld County, Colorado. 6. Incorporation of Recitals. The recitals set forth above are incorporated into this Assignment by this reference. 7. No Third Party Beneficiaries. Nothing contained in this Assignment, expressed or implied, is intended or shall be construed to confer upon or give to any person other than the Parties and their successors or permitted assigns, any rights or remedies under or by reason of this Assignment. 8. Further Assurances. The Parties shall cooperate with one another and use their commercially reasonable efforts to effect, or cause to be effected, as the case may be, the transactions contemplated by this Assignment. Each of the Parties shall, at any time and from time to time after the date hereof, upon the request of any other Party, execute, acknowledge, and deliver all such further instruments or assurances as may be necessary, in the reasonable judgment of the requesting Party, to carry out the provisions and intent of this Assignment. 9. Assignment/Binding Effect/Successors and Assigns. This Assignment$ g may not be assigned by operation of law or otherwise by either Party without the prior written consent of the other Party not to be unreasonably withheld; provided that Assignee may assign this Assignment to any affiliate of Assignee without the prior written consent of the Assignor; provided that such assignment shall not release Assignee from any obligations or liabilities under this Assignment. Any attempted assignment of this Assignment in contravention of this Section 9 will be void ab initio. This Assignment shall be binding upon and shall inure to the benefit of each of the Parties hereto and to their respective successors and permitted assigns. 2 4173229 Pages : 3 of 12 01 / 15/2016 12 : 57 PM R Fee : $66 . 00 Carty Koppes Clerk and Recorder Weld County CO ACIINIOVIII 11011411111 10. Counterparts/Signatures. This Assignment may be executed in one or more counterparts, each of which will be deemed an original. 11 . Attorneys' Fees. If any suit or action arising out of or related to this Assignment is brought by any Party, the substantially prevailing Party or Parties shall be entitled to cover the costs and fees (including, without limitation, reasonable attorneys' fees, the fees and costs of experts and consultants, copying, courier, and telecommunication costs, deposition costs, and all other costs of discovery) incurred by such Party or Parties in such suit or action, including, without limitation, any bankruptcy, post-trial, or appellate proceeding, or the collection or enforcement of any judgment award entered or made in such suit or action. 12. Governing Law; Venue. This Assignment shall be governed by, construed, enforced and performed according to the laws of the State of Colorado without regard to principles of conflicts of law. Any litigation under this Assignment shall be brought and maintained in the appropriate courts in the City and County of Denver, State of Colorado, and the Parties consent to personal jurisdiction in the State of Colorado. EACH PARTY WAIVES ITS RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS ASSIGNMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. 13. Amendment. This Assignment may not be amended, modified, or waived except by written instrument executed by officers or duly authorized representatives of the Parties. 14. Severability. The invalidity or unenforceability of any portion or provision of this Assignment shall in no way affect the validity or enforceability of any other portion or provision hereof Any invalid or unenforceable portion or provision will be deemed severed from this Assignment and the balance of this Assignment will be construed and enforced as if this Assignment did not contain such invalid or unenforceable portion or provision. If any such provision of this Assignment is so declared invalid, the Parties shall promptly negotiate in good faith new provisions to eliminate such invalidity and to restore this Assignment as near as possible to its original intent and effect. 15. Notices. All notices, requests, demands, and other communications hereunder shall be made in writing. Notices, requests, demands, and other communications shall be deemed to be duly given upon the date of delivery, if delivered by hand; upon the date of sending, if delivered by email to the email address set forth below (with written confirmation of delivery); upon the third Business Day (defined below) after mailing, if mailed by certified or registered mail with postage prepaid; or upon the first Business Day after dispatch, if sent by nationally-recognized overnight courier as follows: If to the Assignor: Whiting Oil and Gas Corporation 1700 Broadway, Suite 2300 Denver, CO 80290 Attention: General Counsel Email : bruced@whiting.com 3 4173229 Pages : 4 of 12 01 / 15/2016 12 : 57 e R Fee : S66 . 00 IIII Cady KopPes Clerk and Recordor Weld County CO If to the Assignee: BNN WESTERN, LLC c/o BNN Redtail, LLC 370 Van Gordon Street Lakewood, CO 80228 Attention: Land Department Email: cody.wagoner@tallgrassenergylp.com With a copy to (which shall not constitute notice): BNN WESTERN, LLC c/o BNN Redtail, LLC 370 Van Gordon Street Lakewood, CO 80228 Attention : Legal Department Email : adam.schiche@tallgrassenergylp.com or to such other addresses as any Party may provide to the other Parties in writing. For purposes of this Section 15, "Business Day" means any day that is not a Saturday, Sunday, or other day on which banking institutions in Denver, Colorado, are authorized or required by law to be closed. 16. Headings. The headings of the Sections and subsections of this Assignment are for convenience only and shall not be used in the interpretation of this Assignment. 17. Entire Agreement. Except for the License to Use Easements, Purchase Agreement, Water Commitment Agreement (to be recorded or a memorandum to be recorded in the real property records of Weld County, Colorado generally contemporaneously with this Assignment) and Produced Water Gathering and Disposal Agreement (to be recorded or a memorandum to be recorded in the real property records of Weld County, Colorado generally contemporaneously with this Agreement), each dated as of Effective Date, this Assignment constitutes the entire agreement and understanding of the Parties with respect to its subject matter and supersedes all oral communication and prior writings with respect thereto. If a conflict exists between the terms and conditions in the body of this Assignment and the terms and conditions in an Exhibit, the terms and conditions in the body of this Assignment shall control. The provisions of the Purchase Agreement shall survive (i) the closing of the transactions contemplated by the Purchase Agreement and (ii) the execution and delivery of this Assignment and shall not merge with this Assignment or any other documents delivered at closing including the License to Use Easements, Purchase Agreement, Water Commitment Agreement, and Produced Water Gathering and Disposal Agreement. 18. Access. Assignor hereby grants, sells, conveys, and assigns to Assignee a non- exclusive perpetual easement over and across all real property owned by Assignor adjacent to the Agreements whether owned by Assignor now or in the future for purposes of ingress and egress 4 4173229 Pages : 5 of 12 01 / 15/2016 12 : 57 PM R Fee : $66 . 00 Carly Koppes , Clerk and Recorder Weld County CO 1111 W! 1��'fil� !� EIIANgi I'� to and from the Agreement areas to public roads by means of dirt or paved roads, lanes, and pathways thereon, if existing or constructed in the future. 19. Breach. No breach of this Assignment shall entitle either Party to cancel, rescind, or otherwise terminate this Assignment, but such limitation shall not affect in any manner any other rights or remedies which such Party may have hereunder or pursuant to applicable law, by reason of such breach of this Assignment. 20. Time is of the Essence. Time is of the essence herein. 21 . Interpretation. Unless a clear contrary intention appears, as used in this Assignment: (a) the singular includes the plural and vice versa; (b) reference to a document, agreement, or applicable law means such document, agreement, or applicable law as amended, modified, extended, replaced, or supplemented from time to time; (c) "include" or "including" means including without limiting the generality of the description preceding such term; (d) the word "or" is not exclusive, regardless of whether "and/or" is used in the applicable provision; (e) the phrase "this Assignment" and the terms "hereof," "herein," "hereby," and derivatives or similar words refer to this entire Assignment and the Exhibits hereto, all of which are incorporated herein; (1) references to money shall be in United States dollars; (g) the terms "will," "shall," and "agree" have the same meaning, force, and effect; (h) references to a "month" mean a calendar month, and references to a "year" mean a calendar year; (i) "person" means an individual or entity; and (j) references to an "affiliate" mean, in relation to a Party, any person that (x) directly or indirectly controls such Party, (y) is directly or indirectly controlled by such Party, or (z) is directly or indirectly controlled by a person that directly or indirectly controls such Party; provided that for this purpose, "control" of any entity or person means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of any person, whether through the ownership of a majority of equity interests or voting power or control in fact of the person or otherwise. 22. Ambiguity. This Assignment shall not be construed against either Party in the event of an ambiguity or other dispute as to its interpretation. 23. Authority. Each Party represents to the other that it has the power and authority to execute and deliver this Assignment and to perform its respective obligations under this Assignment and that the person or persons signing for each Party have been duly authorized by such Party to do so. 24. Waiver. The delay or failure of any Party hereto to insist in any one or more cases upon the strict performance of any provisions or covenants of this Assignment or to exercise any rights herein contained shall not be construed as a waiver or relinquishment for the future of any such provision, covenant, or right, and no waiver by either Party of any provisions of this Assignment will be deemed to have been made unless expressed in writing and signed by such Party. 25. No Joint Operations. Assignor and Assignee are independent entities and nothing contained in this Assignment shall be deemed or construed to create a partnership or joint 5 4173229 Pages : 6 of 12 01 / 15/2016 12 : 57 PM R Fee : $66 . 00 Carly Koepes Clerk and Recorder Weld County . CO Wirdin1/211051,1/210iii:Iiil I 'ef{?dNi % IY 21 r� 1 i, III II venture of or between Assignor and Assignee, or to create any other relationship between the Parties other than assignor and assignee. [SIGNATURES AND ACKNOWLEDGMENTS CONTINUE ON FOLLOWING PAGES] 6 4173229 Pages : 7 of 12 01 / 15/2016 12 : 57 PM R Fee : $66 . 00 Carly Koppes Clerk and Recorder . Weld County . CO VIII kill rf ��ti tiNI 1'N�f= ONV' ilk II II IN WITNESS WHEREOF, Assignor and Assignee have executed this Assignment to be effective as of the Effective Date. ASSIGNOR: Whiting Oil and Gas Corporation, a Delaware corporation By: u X-- Name: Rick Ross Title: Senior Vice President - Operations ASSIGNEE: BNN WESTERN, LLC , a Delaware limited liability company By : Whiting Oil and Gas Corporation Its: Sole Member By: yoci ,,'-- Name: Rick Ross Title: Senior Vice President - Operations (Assignment and Assumption of Leases and Other Agreements) 4173229 Pages : 8 of 12 01 / 15/2016 12 : 57 PM R Fee : $66 . 00 Carly Koppes Clerk and Recorder Weld County CO mIII fPjp�uiihilil hJltlifilit13� �,1,IUtt4 ktir�M�iiiIII 1It' t 11111 STATE OF ) ) ss. COUNTY OFA)JII 'I'I ) The foregoing instrument was acknowledged before me this day of �u�?1 President - Operations of Whiting Oil and Gas Corporation, a Delaware corporation. - NOW MUG Witness my hand and official seal. i cis eameou tMEOFOOLOst) My commission expires: - c- r�, 247 I Not Pu STATE OF ) ) ss. COUNTY OF 17 ) The for,going instrument was acknowledged before me this Lday of iecefi , 2015, by Rick Ross as Senior Vice Pr sident - Operations of Whiting it and Gas Corporation, the sole member of BNN WESTERN, LLC, a Delaware limited liability company. M 1 1L ICIASEAU I i NOTARY FIRE Witness my hand and official seal. I STATE 0FCOLORAD4 NOUN Dm13 G14 (Y My commission expires: an- 17, 20c7 744,/ e,_.//rieze(a_ I No P�1. lic (Assignment and Assumption of Leases and Other Agreements) i 4173229 Pages : 9 of 12 01 / 15/2016 12 57 PM R corder$66.00 County Co II II Carly KoppeS � 1e^ �ri oF��i�i+�l ld ■III , ,ifi I EXHIBIT A Assignment and Assumption of leases and Other Agreements EXHIBIT A Assignment and Assumption of Leases and Other Agreements Prospect Name County Lease no. Record type Lessor/ Grantor Lessee/ Grantee Lease date Recordings Legal description REDTAIL PROSPECT Weld CO076 319-000 SUR PATRICK J WOODS WHITING OI_ AND GAS CORPORATION 8/28/2013 3961783 6th PM T9N R59W Sect Gr acs: 0 0000 Net acs 0 0000 SW/4 A 14.32 ACRE TRACT, MORE OR LESS REDTAIL PROSPECT Weld CO076 319-000 AMEND PATRICK J WOODS WHITING OIL AND GAS CORPORATION 12/26/2013 3989592 6th PM T9N R59W Sec 1 Gr acs 0 0000 Net acs 0 0000 SW/4 A 14.32 ACRE TRACT, MORE OR LESS REDTAIL PROSPECT Weld CO076 425-000 SUR TIMBRO RANCH AND CATTLE COMPANY. LLC WHITING OIL AND GAS CORPORATION 4/8/2014 4012177 6th PM T10N R58W Sec 12. NE/4 Sec 10: NW/4 Sec 25 NEJ4 REDTAIL PROSPECT Weld CO076437-000 SUR NELSON RANCHES. INC WHITING OIL AND GAS CORPORATION 6/30/2014 6th PM T10N R58W Sec 20. NEJ4 - POND G Sec T. LOT4 - PONDH Sec 21 SE/4 - POND I REDTAIL PROSPECT Weld SUR TWO MILE RANCH. GP WHITING OIL AND GAS CORPORATION 10/19/2015 4165889 6th PM Tt0N R57W Sec 18: SE/4 - POND O - Os is REDTAIL PROSPECT Weld SUR ROBERT ROHN WHITING OIL AND GAS CORPORATION 10/19/2015 4165890 6th PM ma T10N R58W ZeN� Sec 33 SW/4 - POND B oDi N N REOTAIL PROSPECT Weld CO076.464-000 SUR WADE E CASTOR AND DELAND TODD CASTOR WHITING OIL AND GAS CORPORATION 11/7/2014 4100547 6th PM N T9N R59W di '4 01 Sec 16: NW/4SW/4 N REDTAIL PROSPECT Weld CO076.464-000 AMEND WADE E CASTOR AND DELAND TODD CASTOR WHITING OIL AND GAS CORPORATION 12/11/2015 4166004 6th PM -disco N dour T9N R59W " kg Sec 16: NW/4SW/4 -13 t0 < &341 REDTAIL PROSPECT Weld CO076.465-000 SUR RJM LAND COMPANY LLC WHITING OIL AND GAS CORPORATION 10x2/2015 4100546 6th PM A 70 T10N R57W O Sec 19: SW/4SE/4 M to aA 0 a REDTAIL PROSPECT Weld CO076.465-000 AMEND RJM LAND COMPANY LLC WHITING OIL AND GAS CORPORATION 12/3/2015 4166005 6th PM 40 TT0N R57W t— tT o-+ Sec 19: SW/4SE/4 MC C+1 N ,� a s REDTAIL PROSPECT Weld CO076.465-000 SUR TIMBRO RANCH AND CATTLE COMPANY. LLC WHITING OIL AND GAS CORPORATION 8/26/2014 4105581 6th PM = - C, T10N R58W wen O Sec 26: NW/4SE/4 _e se re REDTAIL PROSPECT Weld CO076.465-000 AMEND TIMBRO RANCH AND CATTLE COMPANY, LLC WHITING OIL AND GAS CORPORATION 5/26/2015 4113700 6th PM w`7 T10N R58W p Sec 26: NW/4SE/4 ___ ME REDTAIL PROSPECT Weld CO076.465-000 AMEND TIMBRO RANCH AND CATTLE COMPANY. LLC WHITING OIL AND GAS CORPORATION 12/8/2015 4166006 6th PM T 1 ON R58W Sec 26: NW/4SE/4 Page 1 of 1 • 4173229 Pages : 11 of 12 01 / 15/2016 12 : 57 PM R Fee : $66 . 00 Carly Koppes Clerk and Recorder Weld County CO 'JF VIVV'! Bill 14r��NaC,i�ti�t� BI II EXHIBIT B Definitions "Business" means the freshwater transportation and storage, and produced water gathering and disposal business, as conducted by the Assignor or Assignee, as applicable, in each case on certain real property located in Weld County, State of Colorado. "Contract" means any legally binding contract, agreement, note, instrument, lease, license, commitment, arrangement, understanding, undertaking, or other commitment or obligation, whether written or oral. "Governmental Authority" means any (a) U.S. or foreign federal, state, local, tribal, provincial, municipal, or other government (including any governmental agency, branch, department, official, or entity and any court or other tribunal); or (b) body entitled to exercise any administrative, executive, judicial, legislative, police, regulatory, or Taxing Authority or power of any nature. "Easements" means all easements, rights of way and associated rights and appurtenances � g PP related to, used or held for use in connection with the Business and the assets acquired by Assignee under the Purchase Agreement. ccc Knowledge of the Assignee" or `to the Assignee's Knowledge" (and any similar phrases as they relate to the Assignee) means the actual knowledge, without any duty of inquiry, of Jeff Nelson and Dick Sears. "Knowledge of the Assignor" or "to the Assignor's Knowledge" (and any similar phrases as they relate to the Assignor) means the actual knowledge, without any duty of inquiry, of Rick Ross, Mike Stahl, and Dusty Tucker. "Legal Requirement" means any order, constitution, law, ordinance, rule, regulation, statute, code or treaty issued by any Governmental Authority, including an arbitration panel, any principle of common law or judicial or administrative interpretation thereof. "Liens" means any lien, encumbrance, pledge, mortgage, deed of trust, security interest, hypothecation, license, lease, charge, option, right of first refusal, easement, covenant, servitude, proxy, voting trust or agreement, transfer restriction under any shareholder or similar agreement, or any other direct or indirect restriction or limitation, including mechanic's liens. "Permitted Liens" means (a) liens for Taxes and assessments that are not yet due and payable as of the Effective Date, (b) zoning, entitlement and other land use and environmental regulations by any Governmental Authority, provided that, in the case of (b), such regulations have not been violated and do not materially impact the Assignee's ability to conduct the Business following the Effective Date, (c) materialmen's, mechanics', repairmen's, employees', contractors', operators' or other similar liens or charges arising in the ordinary course of business that are incidental to construction, maintenance or operation of any of the assets acquired by Assignee and which are not, individually or in the aggregate, material to the Business or the assets acquired by Assignee, (d) defects in the early chain of title consisting of the mere failure to 4173229 Pages : 12 of 12 01 / 15/2016 12 : 57 PM R Fee : $66 . 00 Ca- . y Koopes Clerk and Recorder Weld County , CO iIII PAH II L11 1�� F'V ICO firkkli tL'igiiiiri 11111 recite marital status in a document or omissions of heirship or probate proceedings unless the Assignee provides affirmative evidence that the lack thereof has resulted in another Person's actual and superior claim of title to any of the assets acquired by Assignee or Easements, and (e) any defects to the Assignee's Knowledge prior to executing this Agreement. "Order" means any order, decree, judgment, injunction (temporary, preliminary, or permanent), writ, assessment, arbitration award, or ruling by any Governmental Authority. "Person" means and includes natural persons, corporations, limited partnerships, general partnerships, limited liability companies, limited liability partnerships, joint stock companies, joint ventures, associations, companies, trusts, banks, trust companies, land trusts, business trusts or other organizations. "Surface Leases" means all of the rights and interests of the Assignor under the real property leases, subleases, licenses or other Contracts to the Assignor in which the Assignor is a party, or under which the Assignor otherwise has a right or option to use or occupy any real property, related to, used or held for use in connection with the Business. "Tax" and "Taxes" means any federal, state or local tax of any kind or nature, including any income, gross receipts, license, payroll, employment, excise, severance, stamp, occupation, windfall profits, environmental, severance, customs duties, capital stock, franchise, profits, capital gains, withholding, social security (or similar), unemployment, disability, real property, personal property, sales, use, transfer, registration, value-added, ad valorem, or other similar tax, including any interest, penalty, or addition thereto, whether disputed or not, and including any liability for any of the foregoing taxes or other items arising as a transferee, successor, by contract, or otherwise, for which such Person may be liable. "Taxing Authority" means, with respect to any Tax, the Governmental Authority or political subdivision thereof that imposes such Tax, and the agency (if any) charged with the collection of such Tax for such entity or subdivision, including any governmental or quasi- governmental entity or agency that imposes, or is charged with collecting, social security or similar charges or premiums. 8277941_6 Chris Gathman From: Wagoner, Cody <cody.wagoner@tallgrassenergylp.com> Sent: Monday, May 23, 2016 2:34 PM To: Chris Gathman Cc: Tisa Juanicorena Subject: RE: Sign off from Property Owner Good question. The Consent lists BNN Redtail, LLC...or its designee. We weren't sure of the entity at the time that the consent was being acquired. Cody Wagoner I Sr. Agent, Land & Right of Way I Tallgrass Energy 370 Van Gordon Street I Lakewood, CO 80228 T: 303.763.3305 I M: 970.301.2299 Cody.Wagoner@tallgrassenergylp.com Original Message From: Chris Gathman [mailto:cgathman@co.weld.co.us] Sent: Monday, May 23, 2016 2:14 PM To: Wagoner, Cody Cc:Tisa Juanicorena Subject: FW: Sign off from Property Owner Thanks Cody, This raises a question -this consent amendment lists BNN Redtail, LLC- not BNN Western, LLC. Was the name later changed to BNN Western, LLC? Chris Gathman Planner III Weld County Department of Planning Services 1555 N. 17th Avenue, Greeley CO. 80631 Ph: (970)353-6100 ext. 3537 Ph (Direct Line): (970)400-3537 Fax: (970)304-6498 Confidentiality Notice:This electronic transmission and any attached c 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 1 From: Wagoner, Cody [mailto:cody.wagoner@tallgrassenergylp.com] Sent: Monday, May 23, 2016 1:52 PM To: Chris Gathman <cgathman@co.weld.co.us> Subject: RE: Sign off from Property Owner Chris, Please see the Consents and Amendments of the Water Disposal Agreements for both USR15-0020 and USR15-0021. BNN Western, LLC address is 370 Van Gordon St. Lakewood, CO 80228 Thanks, Cody Wagoner I Sr. Agent, Land & Right of Way I Tallgrass Energy 370 Van Gordon Street I Lakewood, CO 80228 T: 303.763.3305 I M: 970.301.2299 Cody.Wagoner@tallgrassenergylp.com Original Message From: Chris Gathman [mailto:cgathman@co.weld.co.us] Sent: Sunday, May 22, 2016 9:29 AM To: Wagoner, Cody Subject: RE: Sign off from Property Owner Dear Cody, I am preparing a staff report for the proposed change from NonCommercial to Commercial. I noticed that#10 requires written permission from the owner to assign all or a portion of the lease to another party. Do you or Whiting have something in writing from the property owner that you can send. I can see the Board of County Commissioners bringing this up on 6/1. Thanks, Chris Gathman Planner III Weld County Department of Planning Services 1555 N. 17th Avenue, Greeley CO. 80631 Ph: (970)353-6100 ext. 3537 Ph (Direct Line): (970)400-3537 Fax: (970)304-6498 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 2 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. 3 Chris Gathman From: Wagoner, Cody <cody.wagoner@tallgrassenergylp.com> Sent: Wednesday, April 13, 2016 3:23 PM To: Chris Gathman Cc: Michelle Martin Subject: Request to Modify USR 15-0020 and USR15-0021 Attachments: USR 15-0020 Wildhorse 16-13L.PDF; USR 15-0021 Horsetail 19N.PDF Follow Up Flag: Follow up Flag Status: Flagged Chris, Per our discussion on April 12, it is my understanding that BNN Western, LLC, as successor in interest to those rights and approved uses allowed under the terms of USR15-0020 and USR15-0021 unto Whiting Oil and Gas, will need to gain approval from the Weld County Board of County Commissioner's to allow for the commercial disposal of Class II Oilfield Waste at the facilities permitted within the USR permits. BNN Western, LLC would like to formally request that Weld County approve modified terms of the referenced USR permits as follows: USR15-0020 • Within the USR Resolution, please delete the words "non-commercial"anywhere they appear. • Development Standard #5: please delete the second sentence that reads as follows: "No Class II waste, other than Class II waste from wells operated by the injection well operator, is permitted for disposal." USR15-0021 • Within the USR Resolution, please delete the words "non-commercial"anywhere they appear. • Development Standard#6: please delete the second sentence that reads as follows: "No Class II waste, other than Class II waste from wells operated by the injection well operator, is permitted for disposal." It is my understanding that this email shall serve as a sufficient request to initiate processing this action. It is our desire to present this matter before the BOCC at the earliest date that we can get on the agenda and satisfy the county's public notice requirements. For reference, I have attached the previously approved Resolutions of the BOCC as it pertains to these cases. If you need any additional information from me to advance this request, please don't hesitate to contact me. Thanks, Cody Wagoner I Sr.Agent, Land & Right of Way I Tallgrass Energy 370 Van Gordon Street I Lakewood,CO 80228 T: 303.763.3305 M:970.301.2299 Cody.Wagoner@tallgrassenergylp.com TALLGRASS 1 A WHITING November 30,2015 Wade E. Castor 22791 Highway 39 Weldona, CO 80653 RE: Request for Conditional Consent — WATER DISPOSAL AGREEMENT dated November 7, 2014 and recorded on April 21, 2015, in the real property records of Weld County, Colorado at Reception Number 4100547, as amended by that certain AMENDED AND RESTATED WATER DISPOSAL AGREEMENT dated I4J1St.,if , 2015 (collectively, the "Disposal Agreement") between Wade E. Castor & Deland Todd Castor (collectively, the "Landowner"), and Whiting Oil and Gas Corporation,a Delaware corporation ("Whiting"). Dear Mr. Castor: The purpose of this letter is to (i) inform you of Whiting's potential assignment (the "Assignment") of the Disposal Agreement to BNN Redtail, LLC, a Delaware limited liability company ("Assignee") with an address of 370 Van Gordon Street, Lakewood, Colorado 80228, or its designee and (ii) to request your conditional consent to the proposed Assignment. We would appreciate it if you would please sign and date this letter below to indicate your conditional consent to the potential Assignment and return it to us at the following address within 5 days: Whiting Oil and Gas Corporation 1700 Broadway, Suite 2300 Denver, CO 80290 Attn: Dusty Tucker This is a conditional consent and will be effective upon the closing of the potential transaction between Whiting and Assignee that necessitates the Assignment. If such closing has not taken place by January 31, 2016, this conditional consent will be null and void. The potential transaction between Whiting and Assignee is confidential and has not been publicly announced. As such, do not disclose to any third party the fact that Whiting and Assignee are contemplating entering into a potential transaction. Whiting Petroleum Corporation and its wholly owned subsidiary Whiting Oil and Gas Corporation 1700 Broadway,Suite 2300, Denver, Colorado 80290-2300 Office:303.837.1661 Fax 303.861.4023 We greatly appreciate your assistance with this matter. Please let me know if you have any questions. Thank you. Sincerely, Dusty Tucker-ROW Manager Whiting Oil and Gas Corporation Acknowledged and Agreed this /1 day of . 46t/ 2015: di dipt Wade E. Cas or /off 2jata ne/4h// fetht C e.„A�" AMENDED AND RESTATED WATER DISPOSAL AGREEMENT THIS Amended and Restated Water Disposal Agreement ("Agreement") is made this (1 U day of D¢Y[Ms¢Q ,20J�,by and between Wade E.Castor("Lessor")whose address is 22791 Highway 39,Weldona,CO 80653,and Deland Todd Castor("Lessor")whose address is 25450 County Road 10, Weldona, CO 80653, and Whiting Oil and Gas Corporation ("Lessee") whose address is 1700 Broadway,Suite 2300,Denver,CO 80290. This Agreement supersedes and replaces in its entirety that certain Water Disposal Agreement executed November 7, 2014, a Memorandum of which was recorded on April 21, 2015 as Document Number 4100547 in the official records of the Clerk and Recorder of Weld County,Colorado. WHEREAS Lessor is the owner of the following described property("Subject Property")located in Weld County,Colorado: Township 9 North,Range 59 West,6'"P.M. Section 16:NW/4SW/4 WHEREAS, Lessee desires to utilize the Wildhorse 16-13L well located on the Subject Property (the "Subject Well")for sub-surface disposal and injection of water and other residual hydrocarbons produced from the drilling or operation of oil and gas wells; WHEREAS, Lessee has applied for all requisite approvals from the Oil and Gas Conservation Commission of the State of Colorado for the operation of the Subject Well as a water disposal well; NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,and in consideration of the premises and the mutual covenants and agreements contained herein,the parties agree as follows: I. Lessor does hereby consent, grant and lease unto Lessee that portion of the Subject Property within the"Existing Fence"as depicted on Exhibit"A"attached hereto,including the permanent and irrevocable right to use and control all geological structures below the surface of the Subject Property for sub-surface disposal and injection of water and other residual hydrocarbons produced from the drilling or operation of oil and gas wells and including a rectangular tract located on the existing pad for a water disposal station as identified on Exhibit "A" ("Water Station Site"), together with the irrevocable right of ingress and egress to and over the Subject Property to such site over the"Existing Road"depicted on Exhibit"A". 2. Lessor further grants and leases unto Lessee non-exclusive irrevocable access on the Existing Road on the Subject Property,all as further shown on Exhibit"A",together with the irrevocable right of ingress and egress to and over the Subject Property to the Subject Well. 3. Lessor further grants and conveys to Lessee an irrevocable easement and right-of-way on the Subject Property for the purpose of construction,installation and maintenance of a new pipeline connecting to one or more existing pipelines granted by Lessor or others by which Lessee will convey and transport water, whether produced from the Subject Property or other lands to the Subject Well from the Water Station Site, which right-of-way shall be sixty feet(60')in width. The length and location of the right-of-way for pipelines shall be in accordance with Exhibit"B", which shows the location of existing pipeline. The new pipeline parallels the existing pipeline, and Lessee has already paid to Lessor a onetime fee for the easement and the right to install pipelines to the Subject Well. 4. The method and manner of injection, the amount and quality of water injected in the Subject Well,as well as the source thereof,and the formation or other zone into which the water is to be injected shall be within Lessee's sole and absolute control and discretion; provided, however Lessee agrees that the surface injection pressure as measured at the outlet of Lessee's compressors on the Water Station Site shall conform to the PSI criteria approved by the state and federal agencies. For purposes of clarity, the water and other residual hydrocarbons produced 4166004 Pages: 1 of 6 12/17/2015 10:26 An R Fee:$36.00 Carly Koppes, Clerk and Recorder, Weld county, CO EIIIkIe1'ri h,'(leliMu�BN+tP41rII,11rf�LY4rd 11111 from the drilling or operation of oil and gas wells that is disposed of pursuant to this Agreement in geological structures below the surface of the Subject Property, in the Subject Well,or in the formation or other zone into which the water is to be injected after disposal shall permanently remain in such locations regardless if this Agreement expires or is terminated. 5. On November 7,2014(hereinafter referred to as the"Commencement Date'),Lessee has paid to Lessor full payment for all surface damages, including construction of the Water Station Site, installation of all pipelines to be installed by Lessee to the Subject Well,and for the irrevocable continued and future use of the surface of the Subject Property for operation of the Subject Well as a water disposal well (referred to hereinafter as the "Initial Payment"). On or before each anniversary of the Initial Payment during only the Initial Term(defined below)and the Extended Term (defined below), Lessee shall pay Lessor dollars ($—, (referred to hereinafter as the"Annual Rental")for its continued use of the well pad as a water disposal site. Such Annual Rental shall increase on each fifth(5'") anniversary of the Commencement Date in proportion to one hundred percent (100%) of the increase in the Consumer Price Index for Denver,Colorado for all items as published by the Bureau of Labor Statistics of the United States Department of Labor(referred to hereinafter as the"Index")for the month ending on the last day of the month prior to such anniversary compared to the Index for the same date five(5) years earlier. 6. This Agreement and the rights and obligations hereunder shall be effective as of the Commencement Date, and shall continue in force for only a term of ten (10)years(hereinafter referred to as the "Initial Term") except for those permanent rights herein. On or before the expiration of the Initial Term,Lessee has the option,but not the obligation,to extend the terms of this Agreement for an additional ten (10)years (referred to hereinafter as the"Extended Term") by giving written notice to Lessor not less than ninety (90) days prior to the expiration of the Initial Term. During the Extended Term, on or before each anniversary of the Initial Payment, Lessee shall pay Lessor an amount equal to the Extended Term Annual Rental for its continued use of the well pad as a water disposal site.At such time as Lessee desires to abandon the Subject Well, it shall plug and abandon the well in accordance with governmental requirements and reclaim the surface of the Subject Property as required by law. 7. Lessee agrees to meter all water injected into the Subject Well,and to pay Lessor as an injection fee the sum of liter barrel for each barrel of metered water disposed of into the Subject Well. Such payment is to be made by the 25th day of each month following the month the water was injected into the Subject Well. 8. Lessee shall have the right,up to 180 days following the termination of this Agreement,to enter upon the Subject Property to remove any and all equipment or personal property of Lessee attendant to the Subject Well,or used or obtained in connection therewith. 9. Lessee agrees to indemnify and hold Lessor harmless from any and all claims of whatever sort of nature pertaining to its operation of the Subject Well as a water disposal well including,but not limited to,claims of environmental damage due to surface spillage or the underground excursion of contaminated fluids. 10. This Agreement shall be binding upon and shall inure to the benefit of the respective parties,their respective heirs, personal representatives, successors and assigns; provided, however, Lessee shall have the right to assign this Agreement in whole or in part, only on obtaining the prior written consent of Lessor. 11. Lessee will provide Lessor and Lessor's surface tenants with at least fifteen days' advance notice of Lessee's entry upon the Subject Property for purposes other than normal water hauling, equipment replacement or maintenance,or monitoring or inspection activities. 12. Lessee agrees to use the Subject Property in a careful,safe,and proper manner in full compliance with all Rules and Orders of the Colorado Oil and Gas Conservation Commission and only for the disposal and injection of water and other residual hydrocarbons produced from the drilling or operation of oil and gas wells,and only at the location depicted on Exhibit A.Lessee will pay on demand any damages to the tenant's property or Lessor's property caused by its misuse by Lessee,unless damages are repaired to Lessor's satisfaction within ten(10) days from notice by Lessor. 13. Lessee shall affect a minimum of vegetative or soil disturbance, consistent with practical operations,and shall be responsible for segregating the topsoil,back filing,repacking,reseeding and re-contouring the surface of any disturbed areas,and shall reclaim such areas to be returned to pre-existing conditions as best as possible.Any surface disturbed by Lessee's activities shall be reseeded with native grasses and all noxious weeds eliminated. Reseeding shall continue until 4166004 Pages: 2 of 6 12/11/2015 10:26 nn R Fee:636.00 Carly Koppes. Clerk and Recorder, Wald County, CO,!W�� VIII FV�1 ITkII4Nlii'lilifik If R i rlrl'rh�iY�l Il NI vegetation is established in a healthy growth condition.Lessee shall provide Lessor with a map or as-built drawing showing the surface location of all flow lines, transmission lines, and power lines after their installation. All flow lines located by Lessee on the Subject Property shall be buried to a depth of at least four(4)feet below the surface.Lessee shall install metal locator strips above all non-metal lines installed. 14. Lessee shall keep the Subject Property, road, and other areas used by Lessee safe and in good order, including without limitation control of noxious weeds, litter and debris. Lessee shall conduct periodic trash pickup as deemed necessary.Lessee shall comply with state and federal laws,rules and regulations governing the presence of any petroleum products,toxic or hazardous chemicals or wastes on the Subject Property. 15. Lessee shall give Lessor prompt notice of any of the following occurrences arising with regard to the Subject Property or Lessee's activities thereon: a. Any spill,release,or other occurrence that constitutes a violation of the provisions of any applicable laws,rules or regulations or this Agreement; and b. Any notices, claims or allegations of environmental violations or contamination received from any federal, state or local governmental agency or authority of the filing or commencement of any judicial or administrative proceeding by any such agency. 16. In the event that the Lessor or Lessee shall fail to comply with any of their duties or obligations hereunder,the other party shall so notify the defaulting party in writing by certified mail,and if said default is not corrected within thirty (30)days after receipt of said notice or activity is not initiated to cure such default in those instances where said default could not be cured within said thirty(30)day period,the non-defaulting party shall have the right to terminate this Agreement, to enforce the provisions of this Agreement in law or in equity and/or have such other rights an remedies as may be provided to it under the laws of the State of Colorado.The defaulting party agrees that it shall be responsible for all costs and expenses,including reasonable attorney's fees, incurred by the non-defaulting party as a result of said default as may be determined by a court of law or equity. 17. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Colorado(without regard to its choice of law principles). 18. This Agreement may be executed in any number of counterparts,each of which shall be deemed an original and all of which,when taken together,shall constitute one and the same. 19. Wade E.Castor and Deland Todd Castor are,collectively,"Lessor,"and am jointly and severally responsible. 20. Lessee shall have the right(in its sole discretion)to record this Agreement in the official records of the Clerk and Recorder of Weld County, Colorado with any portion redacted. Lessor shall inform any potential new lenders, lienholders,owners,and other interest holders in the Property of the terms of this Agreement(un-redacted). WHEREFORE,this Agreement has been entered into as of the day and date first above written. LBy: �. Wade E.Castor �J By: 0 I /ri Deland Todd Castor 4166004 Pages; 3 of 6 12/1Oar1Y7/20 z.15 t Clerk and RecordM R er. Weld County. CO VIII RIPON�'�ILg9i'l;kt inirlidaid�� STATE OF_ } //--,�,�'' }ss. COUNTY OF ha } xSUBSCRIBED AND SWORN to before me by Wade E.Castor on this.1/ day of /O.pU e. ,20/5 . ��/777�WITNESS my hand and official seal. 2a, L41-7..k Notary Public My commission expires:/4/GM VARNELL E ROBERTS NOTARY PUBLIC (SEAL) STATE OF COLORADO NOTARY IO 20145047515 461-4,14 � CO SON WIRES O4umber 1%2010 (6��'STATE OF -4YO ss. COUNTY OF /e(i-/ SUBSCRIBED AND SWORN to before me by Deland Todd Castor on this // day of /.r ,20 WITNESS my hand and official seal. Notary Public My commission expires: /J//G/IAA VARNELL E ROBERTS\ NOTARY PUBLIC (SEAL) STATE OF COLORADO NOTARY ID 101444717& COM4M/IIDNEIVORspewSM PAW WHITING OIL ANDp CORPORATION By: avid M.See —Vice sident—Land STATE OF COLORADO }ss. COUNTY OF DENVER SUBSCRIBED AND SWORN to before me by David M.Seery,a duly Authorized Agent of Whiting Oil and Gas Corporation,on this ,ITS day of Dctc71+53Ett ,20 WITNESS my hand and official seal. / o ^otary 'ublic My commission expires: 1-//8! e,/ (SEAL) JOHN VAN ACKEREN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20154006899 MY COMMISSION EXPIRES FEBRUARY 10,1015 41 ,/6167937240 1 10 2B ow:RP: ;114 Gw'nly. Oo Diu M��1e+nw,��ci+��►��r�,� iEx�w�tiw,lu�w�aim WideeDisixadAgrObatit Ariel F.fta9R q1+ a.p a.p .+ter Tea w.r .l.j1. : ere=t :.• : 1 J : 1i' 4_ I usm a.p /. . I ir s-- /19 f fie' yaneeeerse SECTION 16, 1916 8639, 6th P.M .ut r.r aI/4 a IP 4166004 Pages: 5 of 6 12/17/2015 10:26 R Fee:$3 6.00 Carly Kopper, Yft}tillfillh'4�11[IRiirIcL�1Wt� UIIII • Whiting Oil and Gee Cozpomtion Water Disposal Agreement Page? EXHIBIT"B" S112 SECTION 16,T9N,R59W,OF THE 6TH P.M., COUNTY OF WELD,STATE OF COLORADO ftrur tr i Nl%S% to em P.M. LANDOSOM Matingotikes 49 i jaw t ' Nw• "F _— rvcF,wa , ue _NSn L'F I£I WT frF • W 51a 5EOnON TTIOr1tS :swum most IL 0Tao,aeeeereesq OM NMI. uaa,e,m IRi coral g' T WIT E m Fa=41,41elmw rxFaa arm rortoCONe•ro a+n s Lea JOo' • 1ov ENMnotake,rNYTm • e • N • ENEMIES • MOOS SOLI FOOSM WManI FCNCT.JD) ita '1i1ir'° 516SEC1DN11.111.RSie0F1NE81HPY, trgivonorake TNISONIDOSI 0owrc6P 119.0,STATE OF MC A= MELCST0R useRe mmev.e NTS 41 4 12/17/2015 G2 10 269Rry:RRFeef:$630.00 �IIICarly 1r14Uf Clerk tiit Recorder, htia weldCo CO i i II u SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW (USR) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT # /AMOUNT # 1$ CASE # ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED Parcel Number 0 4 6 9 _ 1 6 _ 0 _ 0 0 _ 0 0 2 (12 digit number - found on Tax I D. information, obtainable at the Weld County Assessors Office, or uww co weld cc us) Legal Description S/2 Section 16 , Township 9 North, Range 59 West Zone District: Agricultural , Total Acreage: 308.85 , Flood Plain: No , Geological Hazard: No Airport Overlay District: N/A FEE OWNER(S) OF THE PROPERTY Name: Castor, Wade E Work Phone # 970-645-2454 Home Phone # Email Address: 22791 Highway 39 Address. City/State/Zip Code Weldona/CO/80653-7908 Name: Castor, Deland Todd Work Phone # Home Phone # Email Address: 25450 County Road 10 Address: City/State/Zip Code Wetdona, CO / 80653-7908 Name: Work Phone # Home Phone # Email Address: Address: City/State/Zip Code APPLICANT OR AUTHORIZED AGENT (See Below Authonzabon must accompany applications signed byAuthonzed Agent) Name: Whiting Oil and Gas, Kevin Pittman Work Phone # 303-876-7077 Home Phone # Email kevin.pittman@whiting,corn Address: 1700 Broadway, Ste 2300 Address. City/State/Zip Code Denver, CO 80290 PROPOSED USE: Water Disposal Facility I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (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 application. If a corporation is the fee owner, notarized evidence must be included indicating that the signatory has to legal authority to sign for the corporation. Signature: Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date 1. Explain, in detail, the proposed use of the property. Whiting Oil and Gas is proposing a produced water injection facility in the A (Agricultural) Zone District on a 308.85 acre parcel located in the southeast quarter of Section 16, Township 9 North, Range 59 West. This facility will handle only Whiting Oil and Gas produced water and will not operate as a commercial facility. The water that is brought to this facility is from the surrounding vicinity. This water will be delivered to the location primarily by pipeline, however the ability to truck water is also proposed . The site is accessed from an existing lease road . From the intersection of CR 110 and CR 119, go south to CR 104. Turn west on CR 104 to the lease road entrance, turn right (north) to the well site. The vicinity map shows the proposed water injection facility location as it relates to county roads. This facility is anticipated to operate twenty four hours per day, seven days a week. Whiting Oil and Gas is concurrently submitting a subdivision exemption application for the land that is being leased from Wade E. Castor and Deland Todd Castor, where this facility will be constructed. The land that this disposal well sits on has already been cleared as it is drilled adjacent to wells that are producing oil and gas from the Niobrara formation. The facilities for this well are on land just northwest of the disposal well and this location has not yet been cleared . The facility is anticipated to be unmanned other than routine maintenance being done on the facility. The expected flow into this facility is up to 15,000 barrels per day and is expected to reach this flow very shortly after being put into service if not immediately. As stated, the majority of this volume will be piped in, eliminating the need for approximately 50 trucks daily that are currently traveling great distances on Weld county roads to commercial injection wells. 2. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 22 of the Comprehensive plan. With the development and use of the saltwater disposal wells, it will provide the most efficient means of transportation . Sec 22-5-90, subsection C, states that the most efficient and environmentally friendly way to transport product is by pipeline, rather than by truck. The well will eliminate the need for approximately 50 water trucks per day, which will reduce the consumption of resources, damages to the road and road congestion, and help with the mitigation of dust. This also supports Sec 22-3-60, Transportation Goals and Policies and the goal of considering alternative modes of transportation, and reducing the overall Vehicle Miles Traveled (VMT). 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. With the development and use of this saltwater disposal well, it will provide the most efficient means of transportation. Sec 23-1-40, Purpose and Intent, paragraph A, subsection 1, is met with the lessening of congestion in the streets and roads or reducing the waste caused by excessive amounts of road use. 4. What type of uses surround the site (explain how the proposed use is consistent and compatible with surrounding land uses). Surrounding the proposed location of the saltwater disposal well are oil production facilities to support overall production of oil and natural gas. The location of the wells were also discussed and approved by the landowner, through the use of a Surface Use Agreement. No residential homes are located near or are visible to this location. 5. Describe, in detail, the following: a. Number of people who will use this site. These sites will be unmanned and the primary method of water delivery will be by pipeline. Traffic associated with this disposal well will be minimal and will include up to five visits per day by a pickup truck to do routine maintenance and inspections. The facility is being built to accommodate up to 50 water trucks daily, however, the expectation is that the facility will see an average of 10 water trucks daily under normal operating conditions. The few water trucks that will visit this site will be travelling many fewer miles on county roads than they otherwise would without this facility. b. Number of employees who will use this site. The site will be unmanned and the well will be monitored remotely. c. Hours of operation. Twenty four hours a day, seven days a week. d. Type and number of structures to be built on this site. • Up to twenty four 750 BBL tanks. • Up to 2 1,000 BBL tanks. • Up to 4 400 BBL tanks. • One Separator. • One Enclosed Pump Skid. • One Power Distribution Building. • One Truck Unloading Skid. • One Data Controls Building with remote monitoring. • One communications tower. • One disposal wellhead. e. Type and number of animals, if any, to be on this site There will be no animals housed on the cite. f. Kind of vehicles (type, size, weight) that will access this site and how often. Trucks that will access the site include 18-wheeler water haul trucks with a capacity of 190 BBLs. These trucks will access the site an average of 10 times per day. In addition, 4-wheel drive pickup vehicles will access the site for maintenance and inspections, with no more than 5 visits per day. g. Who will provide fire protection to the site? The property falls within the New Raymer — Stoneham Fire Protection District h. Water source on the property (both domestic and irrigations). There is no existing water source (domestic or irrigation ), on the property. Bottled water for human consumption will he provided during construction . i. Sewage disposal system on the property (existing and proposed). There is no existing sewage disposal system on the property. Portable toilets will be provided during construction and once the site is operating. There are no plans to permit for a sewage disposal system. J. if storage or warehousing is proposed, what type of items will be stored? No storage or warehousing is proposed for this site. 6. Explain the proposed landscaping for the site. There are no neighbors around the site to require screening and there is no irrigation to the site to support landscaping; therefore, no landscaping is proposed. The native vegetation around the site will remain. 7. Explain any proposed reclamation procedures when termination of the Use by Special Review activity occurs. When termination of the facility occurs, the facilities will be removed and the land will be returned to its native state including its natural terrain as well as reseeded with native vegetation. 8. Explain how the storm water drainage will be handled on the site. The natural terrain of this site slopes from the southeast to the northwest, with slopes rangin from 0 - 9%. The location being applied for an USR is 9.795 acres on an approximately 308.85 acre parcel. Whiting Oil and Gas has included in the application a professional engineered stamped final drainage report to support the USR process. A water quality feature has also been added to the plats. 9. Explain how long it will take to construct this site and when construction and landscaping is scheduled to begin. Whiting Oil and Gas anticipates that it will take three months to construct the site. No landscaping is proposed for the site. The native vegetation around the site will remain. 10. Explain where storage and/or stockpiles of wastes that will occur on this site. There will be no storage and/or stockpiles of wastes on this site. H . Please list all proposed on-site and off-site improvements associated with the use (example: landscaping, fencing, drainage, turn lanes, etc.) and a timeline of when you will have each one of the improvements completed. There will be no improvements to the landscaping. Surrounding the proposed well are other wells, which have already been permitted. A fence will be constructed around the well on Wildhorse 16 L pad. This improvement will be completed during the anticipated three month construction period . The natural terrain of this site slopes from the southeast to the northwest, with slopes ranging from 0 - 9%. The location being applied for an USR is 9.795 acres on an approximately 308.85 acre parcel. Whiting tang Oil and Gas has included in the application a professional engineered stamped final drainage report to support the USR process. A water quality feature has also been added to the plats. Drainage Report The location being applied for an USR is 9.795 acres on an approximately 308.85 acre parcel. Whiting Oil and Gas has included in this application a professional engineered stamped final drainage report. Please refer to the attached Final Drainage Report for Wildhorse 16 SWD Injection Facility, dated January 28, 2015, for specific drainage details. Traffic Narrative Trucks that will access the site include 18-wheeler water haul trucks with a capacity of 190 barrels. These trucks will access the site an average of 10 times per day. In addition, 4-wheel drive pickup vehicles will access the site for maintenance and inspections, with no more than 5 visits per day. As this site will be operational 24 hours a day and is generally an unmanned facility, there are no peak traffic hours when more water hauling vehicles would be expected to access or use the site. The pickup truck visits, approximately S per day, will generally be during normal business hours between 6 AM and 4 PM. All vehicles are expected to access this site from CR 104 (Access Permit# AP10-00136). During operation of this facility, most of the traffic, approximately 75%, is expected to be accessing the site from CR 104 from the east and the remainder is expected to access the site from CR 104 from the west. Whiting Oil and Gas will agree to improvement triggers as required by Weld County of: -200 vpd or significant dust as identified by County-Mag-Chloride dust abatement -300 vpd alternative pavement -400 vpd pavement -10 vph during peak hour turning left into the facility-left deceleration lane -25 vph during peak hour turning right into the facility-right deceleration lane -SO vph during peak hour turning right out of the facility-right acceleration lane Waste Handling Plan The location will be unmanned, so there will be no trash service at this saltwater disposal well location during operation. Employees and contract truck drivers will be responsible for taking any trash generated onsite to a location with waste handling capabilities. During construction, a trash dumpster will be provided on-site. Whiting's preferred trash service is Wolf Waste Removal. The only wastes to be handled on this site are water and trace amounts of oil. The water will be disposed of in the injection well. The oil will be separated from the water and held in four onsite oil tanks. This oil will be removed from the site via truck initially, with the possibility of adding a pipeline to move the oil off the site at a later date. Whiting has multiple oil trucking companies on contract in the area and will likely utilize multiple companies to truck the oil. Scale inhibitor is the only chemical planned to be stored onsite. Whiting would keep no more than 500 gallons onsite at any given time. These chemicals would be stored in a tank and would either be located in a building with a sump or be contained within a secondary containment of corrugated steel with a liner. The location will depend on where they will be most effective. The purpose of these chemicals is to treat the water to extend equipment life. The chemicals will not need to be disposed of offsite as they will be added to the water in trace amounts to perform their function. Tank bottoms will be cleaned as needed, which Whiting anticipates to be approximately once per year. They will be cleaned by draining the tanks, injecting hot water into the tanks to mix up the solids and re-draining the tanks. Waste Management is the company Whiting Oil and Gas anticipates using for removal/disposal. a Closure Plan Once this well is no longer in operation, the proper steps will be taken to return this site to its native state. This will include plugging and abandoning the well according to current regulations, removing all equipment to approved locations, bringing the land back to its original slope, and planting native grasses to re-vegetate the location. Wild horse 16 L Water injection Facility Dust Abatement Plan • During construction, a water truck will be utilized to control dust. • The access road and facility pad will consist of gravel road base. Since traffic to the site will be sparse and at various times of the day, dust will primarily be controlled by limiting the speed of vehicles on the site. If for any reason the traffic to the site is expected to be heavier than normal, water trucks will be utilized to control dust. Air Pollutant Emission Notice A copy of the Air Pollutant Emission Notice (APEN ) that is submitted to the Colorado Department of Public Health and Environment (CDPHE) will be sent to the Weld County Department of Public Health and Environment when it becomes available. This site is an APEN reportable site but will not reach any APEN permitting thresholds. A copy of the APEN report will be provided when it become available. Groundwater Monitoring Plan To ensure the integrity of groundwater, Whiting will construct a SWD well with numerous barriers of protection: Whiting will run a string of 9-5/8" steel casing to approximately 1600' and cement the casing to surface; In addition, Whiting will run a string of 7" casing to approximately 8300' (the total depth of the well) and will cement the casing to surface Finally, Whiting will run a string of 3-1/2" internally coated injection tubing inside of the 7" casing with a packer, which is a device that provides an additional pressure seal ins de the wellbore. A Cement Bond Log (CBL) will be run to evaluate and ensure the cement behind the casing is capable of providing a pressure and mechanical barrier — engineers and regulators at the COGCC will verify the cement quality is adequate. Whiting's proposed disposal zones are between 7000' and 8200', which is even deeper than the Niobrara formation, from which oil and gas are currently being extracted. The three (3) strings of steel tubulars, in conjunction with 2 layers of cement, will ensure protection of groundwater from the water being injected into the deeper formations. An initial pressure test will be performed on the casing, tubing and packer per the Colorado Oil and Gas Conservation Commission (COGCCC) regulations to ensure the wellbore is competent (otherwise known as a Mechanical Integrity Test, or MIT), and will be witnessed by a COGCC official. By law, Whiting will comply with a maximum injection pressure and maximum injection rate, also set and regulated by the COGCC. Monthly Injection pressure and rate records will be kept and submitted to the COGCC. Daily monitor ng will be performed to ensure the wellhead and all surface equipment is functioning properly. Automation equipment will be installed for an added safety feature to shut-down operations if any major component should malfunction. Finally, Whiting will perform Mechanical Integrity Tests every five (5) years to prove wellbore integrity, to be witnessed by a COGCC official. If at any time wellbore integrity is in question, Whiting will cease injection operations and restore integrity to the wellbore. 1 Weld County Treasurer Statement of Taxes Due Account Ntnnher RW i$58n Parcel 04691( 0U0002 Legal Descnpt:un Situ, Address 2h87 %2 lot) :.' c8R► Account: R0438586 CASTOR WADE E 22791 HIGHWAY 39 WELDONA, CO 80653.7908 Year Charges Billed Payments Balance 2013 S5_ 7_ 552.72 S0-00 Grand Total Due as of 10'03/2014 50.00 Fa% Billed nt 2' !3 Rule, Ii,r Tai Area 1204 - 1214 Authority Mill Levy Amount Values Actual Assessed 11'ELD COUNTY 16.8040000• S24 88 AG-(►RA/IN(i LAND 55.091 SI.480 SO1001 DINI RI: 12 68370000 SI0. 12 1',\\t'N1:I FIRE 0000000 55.091 51.480 S2 96 AINIS .11 \I( ►R C( >l.l.ECl: 6.3(120000 59.32 111(311 PLAINS LIBRARY 3 2640000 S4 63 WI:ST (iREELI:Y CONSERVATION 0.4 (400(K1 SO 61 lase. tidied 2013 35.62(0000 5'? '2 " Credit I en ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES PERSONAL PROPERTY AND MOBILE HOME S - AUGUST ' , REAL PROPERTY - AUGUST 1 TAX LIEN WELD COUNTY TREASURER Pursuant to the Weld County Subdivision Ordinance, the attached Statement(s) of Taxes Due, issued by the Weld County Treasurer, arc evidence that, as of this date, all property taxes, special assessments and prior tax liens currently due and payable connected with the parcel(s) identified therein have been paid in full. Signed Date 114S4/ WATER DISPOSAL AGREEMENT THIS AGREEMENT ("Agreement") is made this ' day of Na vc ,x h e l , 2014 by and between Wade E. Castor ("Lessor") whose address is 2279I Highway 39, Weldona, CO 80653, and Deland Todd Castor ("Lessor") whose address is 25450 County Road 10, Weldona, CO 80653 and Whiting Oil and Gas Corporation ("Whiting") whose address is 1700 Broadway, Suite 2300, Denver, CO 80290. WHEREAS Lessor is the owner of the surface to the following described property ("Subject Property") located in Weld County, Colorado: Township 9 North, Range 59 Wcst. 6th P.M. Section 16: NWSW WHEREAS, Whiting desires to utilize the Wildhorse 116.13L well located on the Subject Property (the "Subject Well") for sub-surface disposal and injection of water and other residual hydrocarbons produced from the drilling or operation of oil and gas wells operated by Whiting; WHEREAS, Whiting has applied for all requisite approvals from the Oil and Gas Conservation Conunisaton of the State of Colorado for operation of the Subject Well as water disposal well; NOW, THEREFORE, for good and valuable consideration the receipt and sufficiency of which is hereby acknowledged and in consideration of the premises and the mutual covenants and agreements contained herein the parties agree as follows. 1 . Lessor does hereby consent, grant and lease unto Whiting that portion of the Subject Property within the "Existing Fence" as depicted on Exhibit "A" attached hereto, including the nght to use and control all geological structures below the surface of the Subject Property and including a rectangular tact located on the existing pad for a water disposal station as identified on Exhibit "A" ("Water Station Site"), together with the nght of ingress and egress to and over the Subject Property to such site over the "Existing Road" depicted on Exhibit "A". 2. Lessor further grants and leases unto Whiting non-exclusive access on the existing road on the Subject Property, all as further shown on Exhibit "A", together with the right of ingress and egress to and over the Subject Property to the Subject Well. 3• Lessor further grants and conveys to Whiting an easement and right-of-way on the Subject Property for the purpose of construction, installation and maintenance of a new pipeline connecting to one or more existing pipelines granted by lessor by which Whiting will convey and transport water, whether produced from the Subject Property or other lands leased by Whiting, to the Subject Well from the water Station Site, which right-of-way shall be sixty feet (60') in width. The length and location of the right-of-way for pipelines shall be in accordance with Exhibit "B", which shows the location of existing pipeline. The new pipeline will parallel the existing pipeline, and Whiting shall pay a onetime fee of seven dollars ($7.00) per foot for the easement to install pipelines to the subject well. 4. The method and manner of injection, the amount and quality of water injected in the Subject Well, as well as the source thereof, and the formation or other zone into which the water is to be injected shall be within Whiting's sole and absolute control and discretion; provided, however (1 ) Whiting agrees to limit liquids injected to produced water and associated residual hydrocarbons generated from the drilling or operation of oil or gas wells operated by Whiting; and (2) Whiting further agrees the surface injection pressure as measured at the outlet of Whiting's compreso on n the Water Station Site shall conform to the PSI criteria approved by the state and federal agencies. Whiting Oil and Gas Corporation Water Disposal Agreement Page 2 5. If Whiting determines that the Well is suitable for use as a water disposal well and elects to use the Well for such use, or upon Whiting receiving final approval of its Application before the Oil and as Conservation Commission, whichever is the later (hereafter referred to as the "Commencement Date"), Whiting shall pay Lessor Twenty eight thousand, .one hued _and elgitty-twg dollars ($28.182.QQ) as full payment for all surface damages, including construction of the Water Station Site, installation of all pipelines to be installed by Whiting to the Subject Well, and for the continued and future use of the surface of the Subject Property for operation of the Subject Well as a water disposal site, which payment shall be made commencing no later than sixty (60) days following irutial disposal of water in the Subject Well (initial payment date). On or before each anniversary of the initial payment, Whiting shall pay Lessor fifteen thousand dollars ($15,000), (referred to hereinafter as the "Annual Rental") for its continued use of the well pad as a water disposal site. Such Annual Rent shall increase on each fifth (5` ') anniversary of the Commencement Date in propomon to one hundred percent (100%) of the increase in the Consumer Price Index for Denver, Colorado for all items as published by the Bureau of Labor Statistics of the United States Department of Labor (the Aindexo) for the month ending on the last day of the month prior to such anniversary compared to the Index for the same date five (5) years earlier. 6. This Agreement and the rights and obligations hereunder shall be effective as of the Commencement Date, and shall continue in force for a term of ten (10) Lean, hereinafter referred to as the "Initial Tenn". On or before the expiration of the initial Term, Whiting has the option, but not the obligation, to extend the terms of this agreement for an additional ten (IQ) venn i (referred to hereinafter as the "Extended Term' ) by giving wntten notice to Lessor not less than ninety (90) days prior to the expiration of the Initial Term. Dunng the Extended Term, on or before each anniversary of the initial payment, Whiting shall pay Lessor an amount equal to the Extended Annual Rental for its continued use of the welipad as a water disposal site At such time as Whiting desires to abandon the Subject Well(s), it shall plug and abandon the well(s) in accordance with governmental requirements and reclaim the surface of the Subject Property as required by law. 7. Whiting agrees to meter all water injected into the Well, and to pay Lessor as an Injection Fee the sum of$0.0,5 per barrel for each barrel of metered water disposed of into the Well. Such payment is to be made by the 25`h day of each month following the month the water was injected into the Well. 8. Whiting shall have the right, up to 180 days following termination of this Agreement, to enter upon the Subject Property to remove any and all equipment or personal property of Whiting attendant to the Subject Well, or used or obtained in connection therewith. 9. Whiting agrees to indemnify and hold Lessor harmless from any and all claims of whatever sort or nature pertaining to its operation of the Subject Well as a drilling water disposal well including, but not limited to, claims of environmental damage due to surface spillage or the underground excursion of contaminated fluids. 10. This Agreement shall be binding upon and shall inure to the benefit of the respective parties, their respective heirs, personal representatives, successors and assigns; provided, however, Whiting shall have the right to assign this Agreement in whole or in part, only on obtaining the prior written consent of Lessor. 11 . Whiting will provide Lessor and Lessor's surface tenants with at least fifteen days' advance notice of Whiting's entry upon the Subject Property for purposes other than normal water hauling, equipment replacement or maintenance, or monitoring or inspection activities. Whiting Oil and Gas Corporation Water Disposal Agreement Page 3 12. Whiting agrees to use the Property in a careful, safe, and proper manner in full compliance with all Rules and Orders of the Colorado Oil and Gas Conservation Commission and only for the disposal and injection of water and other residual hydrocarbons produced from the drilling or operation of oil and gas wells operated by Whiting as descnbed herein, and only at the locations designated on Exhibit A. Whiting will pay on demand any damages to the tenant's Property or Lessor's property caused by its misuse, unless damages are repaired to Lessor's satisfaction, within ten (10) days from notice by I r'sor. 13. Whiting shall affect a minimum of vegetative or soil disturbance, consistent with practical operations, and shall be responsible for segregating the topsoil, backfilling, repacking, reseeding and recontounng the surface of any disturbed areas, and shall reclaim such arras to be returned to pre-existing conditions as best as possible. Any surface disturbed by Whiting's activities shall be reseeded with native grasses and all noxious weeds eliminated. Reseeding shall continue until vegetation is established in a healthy growth condition_ Whiting shall provide Lessor with a map or as-built drawing showing the surface location of all flow lines, transmission lines, and power lines after their installation. All flow lines located by Whiting on the Subject Lands shall be buned to a depth of at least four (4) feet below the surface. Whiting shall install metal locator steps above all non-metal lines installed. 14. Whiting shall keep the Subject Property, road, and other areas used by Whiting safe and in good order, including without limitation control of noxious weeds, litter and debris. Whiting shall conduct periodic trash pickup as deemed necessary. Whiting shall comply with state and federal laws, rules and regulations governing the presence of any petroleum products, toxic or hazardous chemicals or wastes on the Subject Lands. 15. Whiting shall give Lessor prompt notice of any of the following occurrences arising with regard to the Property or Whiting's activities thereon: a. Any spill, release, or other occurrence that constitutes a violation of the provisions of any applicable laws, rules or regulations or this Agreement; and b. Any notices, claims or allegations of environmental violations or contamination received from any federal, state or local governmental agency or authority or the filing or commencement of any judicial or administrative proceeding by any such agency. 16. In the event that the 1 rssor or Whiting shall fail to comply with any of their duties or obligations hereunder, the other party shall so notify the defaulting party in writing by certified mail, and if said default is not corrected within thirty (30) days after receipt of said notice or activity is not initiated to cure such default in those instances where said default could not be cured within said thirty (30) day period, the non- defaulting party shall have the right to terminate this agreement, to enforce the provisions of this agreement in law or in equity and/or have such other rights and remedies as may be provided to it under the laws of the State of Colorado. The defaulting party agrees that it shall be responsible for all costs and expenses, including reasonable attorney's fees, incurred by the non-defaulting party as a result of said default as may be determined by a court of law or equity. 17. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Colorado (without regard to its choice of law principles). • Whiting Oil and Gas Corporation Water Disposal Agreement Page 4 18. This Agreement may be executed in any number of co mterparts, each of which shall be deemed an anginal and all of which, when taken together, shall constitute one and the same. WHEREFORE, this Agreement has been entered into as of the day and date first above written. WHITING OIL AND GAS ORPORATION By. vid M. , Vice t - Land LESSOR: By Odale _4(facf-- Wade E. Castor a!fri°€(14 By: Deland Todd Castor Whiting Oil and Gas Corporation Water Disposal Agreement Page 5 STATE OF COLORADO ) ) ss: COUNTY OF DENVER ) SUBSCRIBED AND SWORN to before me by David NI Seery, Vice President - Land I r Whiting Petroleum Corporation, on this 31 r day of OGcb 1cr 20_, ). WITNESS my hand and official seal. t be My commission expires- 3/10 pc! C . . • [SEAL] ;.•��co,st.vo r' NOTARY ......... . STATE OFCdbficif) t, ) ) sS COUNTY OF,,theL b ) '� SU RIBED ANT) SWORN to before me by Wade E. Castor on cps ,) day of 201 - '--t-- WTFNESS my hand and offic al seal. (1 / Notary Public My commis&on expires f 13D c / e _ [SF AU SUSAN C MCCOLLUM NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20044046377 MY COMMISSION EXPIRES 12-30-2016 STATE OFL111 L)L ) ) ss: COUNTY OFIL,Ln_ ) ,{ SUBSCRIBED AND SWORN to before me by Deland Todd Castor on thi, thy 1�o, ,'tr 201 1 . WITNESS my hand and official seal. e// Notary Public My commission expires 1 e- 13_ a.01 c, SUSAN C MCCOLLUM [SEAL] NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20044049377 MY COMMISSION EXPIRES 12-30-2016 Whfibig Oil rod tar Co:porta Weer Digs!Aran rA» SW oft NS rp .rra - . iiPPCj l' I d r � 1 I ' 1 I ~ { teintareliga �a AMC. a 1/4 I + a• oft Ilas as-u• • 1 A.r. 4 132 --- r ~---, // , • i terra / I - • ' I II II II I I . II II n...�sus aON....» I SIM0N f6. ?'9N. R68,. 8th PM atom r • sir ...lw lea a S ►fIVVs . Whiting Oil and Gas Corporation Water Disposal Agreement Page 7 EXJItun "B" S112 SECTION 16, T9N, R59W, OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO t)T tt R?,*°;(:"...."(.27'4 I N112 SE T'9CTION l6 = N. 59W. 8th P.M. i .1 ""c°, a Tao Amp+I CAM? Ca, c is i n Vi seCTgN tt.T]N Mew II is I �_ - rDr�7tc'E tK�t' .. - - - - 'N Lit - - i urn set Z. t trss sew 31n SECTION 16 _ L4 s.tr 19N. RSWV, t Q fr 6th P.M. % ao PIM,f anailEKr _ (icr ma,MECDITY4W4C) ki( OA3P1►EL4E II Lmoo R tJ !a is t� blot I to ISCT1oM ill, nal RAW :s ' • FDCCG tr+4 sirs�y POW Of COMMG4+CP10 70 Od t)ALftT10N C011MEA Jo It ar � CAP LEGEND: MAIDMOSUI ST M NOTED Mir 0' 300 10 8 •• FAOEMrkr Mat PONT So 140441.881M1 tt ■ ./118 SCALE r. ace m WILD HORSE 16131 MIM e PAY rReErsothe wus , ip w B' POLY GAB Pf EM Cr IOW sz�Lianas.(Own 81R SECTION It MK 958W. OF T}£6TH PM., wF rd.MC)41243:4C0JN Y OF VW. STATE OF COLORADO 1 WADE E CASTOR CONSULTANTS Psi ctiti3st2• 546 On • .aw.w - a larr NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 O Street, Assembly Room, Greeley, Colorado 80631, at the time specified. If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Clerk to the Board's Office at (970) 400-4226, prior to the day of the hearing. The complete case file may be examined in the office of the Clerk to the Board of County Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631. E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. DOCKET#: 2016-51 DATE: June 1, 2016 TIME: 10:00 a.m. APPLICANT: Wade Castor and Deland Castor 22791 Highway 39, Weldona, CO 80653-7908 do Whiting Oil and Gas, 1700 Broadway, Suite 2300, Denver, CO 80290 REQUEST: A Site Specific Development Plan and Special Review Permit, USR15-0020, for Mineral Resource Development Facilities, Oil and Gas Support and Service (Modification from Non-Commercial to Commercial Class II Oilfield Waste Disposal Facility - Saltwater Injection Facility) in the A (Agricultural) Zone District LEGAL DESCRIPTION: S1/2 of Section 16, Township 9 North, Range 59 West of the 6th P.M., Weld County, Colorado LOCATION: West of and adjacent to CR 115 and north of and adjacent to CR 104 (See Legal Description for precise location.) BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: May 13, 2016 PUBLISHED: May 18, 2016, in the Greeley Tribune NOTICE The Board of County Commissioners of Weld County , Colorado, on June 1 . 2016. conditionally approved a Site Specific Development Plan and Use by Special Review Permit, USR15-0020, for the property and purpose described below. Conditional approval of this plan creates a vested property right pursuant to Article 68 of Title 24 . C . R. S . , for a period of three years. DOCKET #: 2016-51 APPLICANT: Wade Castor and Deland Castor. 22791 Highway 39 . Weldona . CO 80653-7908 c/o BNN Western , LLC , 370 Van Gordon Street. Lakewood , CO 80228 LEGAL DESCRIPTION : S1 /2 of Section 16 . Township 9 North . Range 59 West of the 6th P. M . , Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE : For Mineral Resource Development Facilities , Oil and Gas Support and Service (Modification from Non-Commercial to Commercial Class II Oilfield Waste Disposal Facility - Saltwater Injection Facility) in the A (Agricultural ) Zone District West of the 6th P. M . , Weld County. Colorado SIZE OF PARCEL: 9 . 795 acres . more or less Failure to abide by the terms and conditions of approval will result in a forfeiture of the vested property right . BOARD OF COUNTY COMMISSIONERS WELD COUNTY , COLORADO DATED : June 15 , 2016 PUBLISHED : June 20 , 2016 . in the Greeley Tribune a • . y Affidavit of Publication STATE OF COLORADO ss. County of Weld, I Kelly Ash of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive (days): that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of NOTICE publication of said notice, and in the newspaper proper and not in a supplement thereof; that the The Board of County Commissioners of Weld County, Colorado, on June 1, 2016, conditionally approved a Site Specific Devel- first publication of said notice was contained in the opfor the Plan p and Use by Special Rbw Permit, USR15-0020, Twentieth day of June A.D. 2016 and the last for the property and purpose described below. Conditional ap- proval Ar- ticle of this T plan creates a vested dproperty right pursuant to thereof: in the issue of said newspaper 68 of Title 24, C.R.S., for a period of three years. publication DOCKET #: 2016-51 APPLICANT: bearing the date of the Wade Castor and Deland Castor, 22791 Highway 39, Weldona, Twentieth day of June A.D. 2016 that said The CO 80653-7908 dOo BNN Western, LLC, 370 Van Gordon Street. Lakewood, CO Greeley Tribune has been published continuously 8 LEGAL DESCRIPTION: S1/2 of Section 16, Township 9 North, and uninterruptedly during the period of at least six Range 59 West of the 6th P.M., Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: For Mineral Re- months next prior to the first issue thereof source Development Facilities, Oil and Gas Support and Service (Modification from Non-Commercial to Commercial Class II Oil- contained said notice or advertisement above field Waste Disposal Facility - Saltwater Injection Facility) in the A (Agricultural) Zone District West of the 6th P.M., Weld County, referred to; that said newspaper has been admitted Colorado SIZE OF PARCEL: 9.795 acres, more or less to the United States mails as second-class matter Failure to abide by the terms and conditions of approval will re- sult in a forfeiture of the vested properly right. under the provisions of the Act of March 3,1879, or BOARD OF COUNTY STONERS WELD COUNTY, COLORADO any amendments thereof; and that said newspaper DATED: June 15, 2016 is a daily newspaper duly qualified for publishing the Tribune legal notices and advertisements within the June 20. 2016 meaning of the laws of the State of Colorado. June 20, 2016 Total Charges: $10.06 abt 20th day of June 2016 My Commission Expires 2/14/2019 otary Public JERILYN L. MARTIN2! ' , :. .: NONOTARY LORA AfiYO1p OOOL74:0�670 MY COMMISSION EXPIRES FEBRUARY 14 20;9 ✓;y . 4i Affidavit of Publication STATE OF COLORADO ss. County of Weld, I Kelly Ash of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, that the same is a daily newspaper of general • NOTICE circulation and printed and published in the City of Pursuant to the zoning laws of the State of Colorado and the Greeley, in said county and state; that the notice or Weld County Code, a public hearing will be held in the Cham- advertisement, of which the annexed is a true copy, bets of the Board of County Commissioners of Weld County, Colorado, Weld County Administration Building, 1150 O Street, has been published in said daily newspaper for Assembly Room, Greeley, Colorado 80631, at the time specified. If a court reporter Is desired, please advise the Clerk to the consecutive (days): that the notice was published in Board, in writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting the regular and entire issue of every number of said party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to partici- newspaper during the period and time of pate in this hearing, please contact the Clerk to the Board's Of- publication of said notice, and in the newspaper The complete e case fiie may be io in the ce of the and not in a supplement thereof; that the Clerk to the Board of County Commissioners, Weld County Ad- proper pp ministration Building, 1150 0 Street, Greeley. Colorado 80631. first ublication of said notice was contained in the E-Mail messages sent to an individual Commissioner may not be I� included in the case file. To ensure inclusion of your E-Mail cor- E1 hteenth da of Ma A.D. 2016 and the last respondence into the case file, please send a copy to g' y y egesictc co.weld.co.us. publication thereof: in the issue of said newspaper DOCDDATE:EJrune 2016 bearing the date of the TIME: 10:00 a.m. Eighteenth day of May A.D. 2016 that said The APPLICANT: Greeley Tribune has been published continuously Wade Castor and Deland Castor 22791 Highway 39, Weldona, CO 80653.7908 and uninterruptedly during the period of at least six c/o Whiting Oil and Gas, 1700 Broadway, Suite 2300, Denver, CO 80290 . months next prior to the first issue thereof REQUEST: A Site Specific Development Plan and Special Re- contained said notice or advertisement above view Permit, USR15 0020, for Mineral Resource Development Facilities, Oil and Gas Support and Service (Modification from referred to; that said newspaper has been admitted Non-Commercial to Commercial Class II Oilfield Waste Disposal Facility - Saltwater Injection Facility) in the A (Agricultural) Zone to the United States mails as second-class matter District under the provisions of the Act of March 3, 1879, or LEGARange 59 West of the 6th P.MIPTION: S1/2.,Weld f rCounryTCoi Township o9 North, any amendments thereof; and that said newspaper LOCATION: West of and adjacent to CR 115 and north of and is a daily newspaper duly qualified for publishing adjacent to CR 104 (See Legal Description for precise location.) legal notices and advertisements within the BOARD Ei D COU��COLORADossloNERs g of the laws of the State of Colorado. meanie DATED: May 13, 2016 The Tribune May 18, 2016 May 18, 2016 Total Charges: $ 16. 19 41-\11 „if 18th day of May 2016 My Commission Expires 2/14/2019 Notary Public JERILYN L. AR TINEZ STATE OF COLORADO NOTARY ID 20074006708 t; MY COMMISSION EXPIRES FEBRUARY 14, 2019 SURROUNDING PROPERTY OWNERS USR15-0020 NAME ADDRESS1 CITY STATE ZIP USA 2850 Youngfield Street Lakewood CO 80215-7210 Wade Castor 22791 Highway 39 Weldona CO 80653-7908 Ruth and Wayne Shoemaker 51400 CR 115 Grover CO 80729-9539 Timbro Ranch & Cattle CO LLC PO Box 367 Springfield NE 68059-0367 NCWYO Assets LLC, c/o KE Andrews & CO 1900 Dalrock Rd Rowlett TX 75088-5526 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners in accordance with the notification requirements of Weld County in Case Number USR15-0020 in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list this 13t day of May, 2016. Dated the 13th da of May , 2016. #lia-rtB Karla Ford Deputy Clerk to the Board WELD COUNTY COLORADO LAND RECORDS 5/11 /2016 AFFIDAVIT OF INTERESTED LAND OWNERS 2: 14: 19 PM SURFACE ESTATE THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered . This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. )„, LGL Signature Date Property Owners Within 500 ft of Parcel # 046916000002 Account Parcel Owner Mailing Address R0438086 046915000008 U S A 2850 YOUNGFIELD ST LAKEWOOD , CO 802157210 R0438186 046915000009 CASTOR TODD M0176288 046915000009 HIMMEL SUSAN M0438286 046915000009 SHOEMAKER RUTH ANN R0438186 046915000009 CASTOR WADE E 22791 HIGHWAY 39 WELDONA, CO 806537908 M0176288 046915000009 SHOEMAKER RUTH ANN 51400 COUNTY ROAD 115 GROVER , CO 807299539 M0438286 046915000009 SHOEMAKER WAYNE C 51400 COUNTY ROAD 115 GROVER, CO 807299539 R0438486 046916000001 TIMBRO RANCH & CATTLE CO LLC PO BOX 367 SPRINGFIELD, NE 680590367 R0438586 046916000002 CASTOR TODD WELD COUNTY COLORADO LAND RECORDS 5/11 /2016 AFFIDAVIT OF INTERESTED LAND OWNERS 1 2: 14: 19 PM SURFACE ESTATE THE UNDERSIGNED, States that to the best of his or her knowledge the attached list is a true and accurate list of the names. addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered . This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled for the records of the Weld County Assessor was assembled within thirty days of the applications submission date. LLft1A0-rdti ittICL Signature 5- II - Rio Date Property Owners Within 500 ft of Parcel # 046916000002 Account Parcel Owner Mailing Address R0438586 046916000002 CASTOR WADE E 22791 HIGHWAY 39 WELDONA, CO 806537908 R0438686 046917000006 TIMBRO RANCH & CATTLE CO LLC PO BOX 367 SPRINGFIELD, NE 680590367 R0439786 046920000005 NCWYO ASSETS LLC C/O KE ANDREWS & CO. 1900 DALROCK RD ROWLETT, TX 750885526 R0439986 046921000003 NCWYO ASSETS LLC C/O KE ANDREWS & CO. 1900 DALROCK RD ROWLETT, TX 750885526 R0440086 046921000004 NCWYO ASSETS LLC C/O KE ANDREWS & CO. 1900 DALROCK RD ROWLETT, TX 750885526 R0440386 046922000007 CASTOR TODD R0440386 046922000007 CASTOR WADE E 22791 HIGHWAY 39 WELDONA, CO 806537908 BOARD OF COUNTY COMMISSIONERS SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS May 22, 2016. THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF- WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, CHRIS GATHMAN, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS BEFORE THE BOARD OF COMMISSIONERS HEARINGS FOR USR15-0020 IN THE AGRICULTURAL ZONE DISTRICT. Chris Gathman Name of Person Posting Sign j l 1i ) iPA i . . - Signature of Person Posting Sign STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was subscribed and sworn to me this a,�'day of ) ) ll(i d , 2016. WITNESS my hand and official seal. Notary Public MICHELLE L. WALL NOTARY PUBLIC STATE OF COLORADO My Commission Expires: ' c /Y" NOTARY ID 20054046503 MY COMMISSION EXPIRES MARCH 28, 2018 • ram Public hearings concerning this property will be heard befort County Planning Commission and Board of County Commissioners. .. . - - - Both hearings will be held at _ - - WELD COUNTY ADMINISTRATION BUILDIA _. 1150 "O" Street • Greeley, CO 80631 '' Planning Commission Hearing will be held on N 20 : at: • "; �� : Board of County Commissioner Hearing win be held on ; w 3" 20 atIC2A4 k' .c•` . - • iii) fee CA S 0 11:OO CAM r ' =L-:, .;.4_7; APPlicant: LLB ' , Ni A J,ri;` _ Request. USA15-0020 A Site Speerfic Develcpr►►rnr Plan and . .:•-.^ ; • Spacial Review Permit lot Mineral Resource ` ; 4,, Development facilities, ©AI .ent) Gas Support and _ .,, Service (Moditicstion from Non-Conmwirldpi to 4,-- filli Cnmmr•rctal Class 11 OtWield Watiir frtpOSel Facility I Saltwater Injection Fxooty) in the A — a IAi►1C11hL,' t)ictnrt 'a T C a�- Number I/t 032x] Acres * kb .# �` I VW. s r lis 1- •-t FOR FURTHEI INFORMATION PLEASE CONTACT 4 LAY sS� TH IMIOAT E WELD COUNTY UEPARTRMLNT OF . � t._ w� . Pt ANNiNO SEFIV ICCs. AT 9r -353-fl$OU. aid 'S a Fur AddNwna l tftO,YV MN r 1 +milli wwercikimodcoluintyption 4,,.„,,., aeQ 1 : .' •• ...t 550111��..�e�imam._rw...•..,..h.-....w...+A..OW 5•15.41P 155.5•55,51•••••••ti......��r...- - - ' .._ ....... .r V 4/4:-.Nr-,.zaKt.....' $''tam -l4 ., � , T� j r _ gs Public hearings concerning this property will be heard before County Planning Commission and 4IIIMP Board of County Commissioners . - - - - Both hearings will be held at - - `� WELD COUNTY ADMINISTRATION BUILD 1150 " 0 " Street • Greeley, CO 80631 . . . - _ a; - Planning Commission Hearing will be held on '_ _. 2O . at: - - t %, - . ;"' • Board of County Commissioner Hearing will be held on � 4FS- ` I 'A at - /0Atil '-L t� tS�. CAsa . --' tS o ¶TtCC r -- ' - -... .‘4 --_-: :- ---4 Applicant . C/o S"1e'i2� 1 L LL _ _ . �'�. _� E is ;:e. Request - - • - �_� - ' ,.. USR 015 - 020 A Site Spc•crfic Development Plan and ^'�.:- . Special Review Permit Inc Mineral Re source rctr Development Facilities. Oil and Gas Support and Service (Modification from Non-Co.n,nor cfail to Commercial Class ll Oilfield W.i •.tr- flvsposar racluty - Saltwater tnjnrtiort Facility) in the A (Asricultura.j Zone c. -- - Dec-tract -- V•- _ - -.t. c stirs Nutubr: ��eg ] - IX ZO Acres - t San l e .'; %:--% • • t' �S� _` I- Qf2 FURTHEF2 IN F-Of-4 .4A TioN FILE-ASS" CON Y-racy '" ;-- `C _nip! S E-aHIt1� T TAE WELD COVIV T r t J&rAns n-r or- - - r 'Q"-ir.iti�.'l ' S. i—'-_ 's PLA�iNIN O ! EFt'VI'C1S. AT 97o-3S3-0 , 00. crt cis - - I F' Adelstsc rswl Intormaa w Adi ,itset vlsat ww.weaassfyp ra Rin ij sass corn • 1-19•a•••• �i.ir V sit Low `fir i1..��am.-a..*area f^R.�+S..� .r.w�ere maw�„��, ••• 3 ��►.rie+ss t�+e vs see• .•rtereap_ s. �� r - s --1. -• _ _ +� fri - amt • 3K -race.- Sril - r ' � I • • • • 9 NertaLliki ltel • • r • r • r - e�- �r c U VVLh iu4 MUS ' -13 I I1 • CoMMUNIC 4TI •N ;To4VE ' 425 FT . SW 1/4 NW 1/4 ^1� _ x- __ __x-- x- - x X x — x x x 1 x / x x i 1/4 Sect/on Line w 1 4 hCanem Sop 76 ,/ /• / 2012 vim.,. Cop, p ¢2828.5, Ot H1 \ ,,/ - y'x vd /, .54\N , Proposed \ Detention Pond "' $67•a6'}2"E / 10 Existing .*' 1., / _ l ry Fence yo Existing Power Line ` / 1 , / ' Filtered Water Tanks gyp+ 0000 a_te.(a 4.394 .V $ ': — OOOOOQ j l ACRES I Wonting Water Tanks Proposed it 94 OOO22OOO : `..fir' SwaleTorAL----_/5°48 g 7 0000000 : 9.795 ACRES mss- -/'.__ / \ ❑ Oil Tanks QQ / Existing ❑ ❑ /�� } /Fence I Truck �/ Water Tanks � O Y 66914'224E _ I / t • Unloading Unloading' �- '_ 464.1 EC _ '(� =5 U Q�/ ',— I l ` / Pump "aiding Edge o! Ti I ' // / �/ Existing Pad Existing tyf Ic' t g PROPOSED PRODUC77ON Scaled Pipeline---...4I FAC/L/77E5 PAD i NW 1/4 I j' 5.401 I SW 1/4 i f - �, '4 ACRES I - Ne6'26'33-''W I I I / +tom. !362.05' l ��A Existing Proposed / / `' — --D-qyp *_ I Proposed YYILDHORSE 16-13H I m Sw ay ow,—/—01f^ "f I OFLDHOR.SE o •We//head ` / Existing Th/ . I.../ ,076-1.3LC Existing / Power L/ne • // Power Pole / Existing O// Tanks (TJ9') Accessed LL Existing Burner / I' I / r T / Propane Exlstin9 i I /; -- J\\r R • 1 I �. �S I Ton* f'r- l F7ore Stack N / / / / S\% s lV I I lam`~ I �,� / r \ z it — ump I_ J j 4/ \ ��'� 1 Building 1' / / Existing / / /7 Fence \ ;vt. —._r ' / ' // % \\ it\ £x/sting Topsoil StockpAe \ / J' / .; 4'~ li 41 o 502.82• "' I I Existing i Road I N SCALE (GEODETIC BEARINGS BASED w ON G.P.S. OBSERVATION) SECTION 16, T9N, R59W, 6th P. M. 4 CU SCALE 1" = 100' in 1/16 Sect/on Line SW 1/4 SW 1/4 4':. . 7,\. ., cc EllISI ,_W ../ WATER INFRASTRUCTURE & SOLUTIONS f i r i _ _ _, ___ __ __ ___,, , _, 7,.: ,,, : . , . ' It . , II 1' ! 't . ') 1 . i i . . . , i . .' li 4 f j. i ! Ii „ j E ` 1 ' II I 1ti , EXHIBIT N � i 7 3 0.- I _ _ - _'._ r ccf_tu WATER INFRASTRUCTURE & SOLUTIONS B � • ell , , 1311111 w;c Executive Summary !Pr BNN provides water infrastructure and innovative solutions to clients across multiple industries . Our Operations , Construction , and Engineering experience supports our strategic partnerships and patented technologies to create value for our clients . BNN ' s core business is owning and operating permanent water infrastructure . Our proven approach to water management consistently drives efficiency into our clients operations leading to cost savings and environmental benefits . PINk ilv*Ili I. smiCIC Executive Summary Taligrass Energyis a familyof com anies com rised of Tallgrass P P EnergyPartners , LP ( NYSE . TEP ) , Tallgrass EnergyGP, LP ( NYSE . TEGP ) , and Tallgrass Development , LP • Over 6, 700 miles of natural gas pipeline with a total design capacity of over 3 . 5 Bcf/d • -190 MMcf/d natural gas processing • -76o mile oil pipeline connecting the Bakken Shale and DJ Basin to Cushing, OK .1Wr .eSW .••rw 1 .,. I1/r14 Win WOW W Sir NSW am*If err — 11111114- o.. ".> i »iJ sl N)I IAM/M IK'N AM11LR I • Mw • It ... RRr'a.--311aPl.lel ■■ ,WIZ ~• • ■� 1I• c` Wvamin I MO t-- an A Seib W�■ Y_' . .� . •C, .■�� • '� + + der it•,.. _n 1 I„te ti 1V�braska t•. � .■. Ya ■■ r•` ..r w�.r. m a w . `..• L. •7 nein 1. Pan a tor Ise IT CD • 11.11...` hio y . .a. . L._ • ra --ups '�. �f, • ��>...r derer hj•7. N1.�. . . .ri.. —' . I b_ 1 I ti_ ,'T ion , I t 1 • w} . .}. .�. - .�/ _�� . � ■�.� � 1 ..... 'T, .L r � a Y•.Is � 1� �w -�� • Mimi _ 7.n � • .w ra ` p - t - I. r t �" ... �� . . ' !�I t-. 1.•• • �•�_ � .ten, •• ��t p^ - r.1 v r.... . - ,�•4.. -i therm c-1 ti� `.... .� �� „ t.� �• �� r. ~- .�. .. ..� to 1•. ti — C...r._ err. r -'�, t��. �In �..�.� e..... Ytf , ■ ..� Q' • • • `-- r Ire _ '� " L "-, - _ t-_.� — As . n. to CA .>I •� t .,FL_��7 ® A1 • Al ..N .•-• r..• an•_ ' .. an .. -IOY �� ■ ��i _� , � t Kansas �- . Okrahoe�a _' ,� �■ J aI n�� • a ......r ... et 'area .ate/ ..thew wary .r r ItJw s,n weer wAr w r Inc. order aLr why IALLCUAY`S tNtllCr Mt I HMS tALL41lAY`S Ut11tLQI•i.tll I . . r I • . - .* 1 4..onIG•.- -/'eo1Lv - -1v>vI G.- -07.401- ��._. IRS. - Lyrtl.I.ai*Sao 1J•.YL. —TottrEtter —roam Pas Nu*. — Pc,bt.•.tt+• a %LhM+IL. TALLGRASS6 r....._-.......,....,.... -- "- ^14._11) - lWC4.sn Ts is Ci-J S a TottreC.v.tsj&. - I•urdt".•••cta•Ctpa, - . P'tCr*tIs.S. • 4il'C1rt:ut• — Map hear Viral 0 lartL.raY•iL. • Lidos IL....4 a en C�.tfatcLJb _ • • Mka►r•Cai.a.l sail Cl L nil TeOA ' S�t�..tern II.�IGp rr..>•In oh n1•.r/..14nt... .n.ti When 0 TatCa e.iaavW ._.�._.�.�.......... 7.N.rV,b p•.•••••••• as imp•••• . m Sion don = =Tr >A Vey Coen 6._ I Abu CO WW1 1>t>A>TY SINNI � Weld County Operations ir . BNN owns and operates 3 Salt �` - _� _ .fi - �• r - - . 4 Water Disposal wells and over ___,anammiatheaerfr - 3o miles of gathering pipeline _ _ . . „ Th ,, _ in Weld County � �' J �- .�r • hIllibla :IThe system connects Central ,i' \esi: --� �► sr . ' Processing Batteries ( CPBs ) WIiN- 4 ' 7 > „ ____ throughout Whiting's r\ �� '� ea,,, operations to BNN 's disposal � - . .�, . , facilities � � � f ii,„r i M" I BNN also offers water recycling ,� �� ik Sr • el and fresh water sourcing and p , t distribution across multiple L : >iY basins 1 '' , k W iv EBN4 e ld County Op i E i 104°20'0"W 104°10'0"W 104°0'0"W 103'50'0"W 103°40'0"W 103°3010"W 103°20'0"W Wyoming Laramie ebrasaa 12N55W Ch12N53WnEWZ K i m b IZ - `• c I ♦' 12N 56W V/ • 12N 12N 58W Helef6rC 59W . Ot ° Col oradlo •= , 11 ,: 5-4W 11N 53W • - 11N 57W 11N 56W 11N 55W 11N 11N 62W 11N 60W : ' 1 ” r,mAr 63W - •� - j... - •°° l rt Grover sr : 3 � ; • • Horsetail 19N-1924M-R SWD Pad ? tosesienosionese • tON 53W •$ F Redtail Gas Plan + 'ION 6W 10N 55tp 53 10N 1+ON 62W 1ON 61W + Razor 21 SWD 1 'Pad v1 463W 1 , - Sterling ILogan W e d ' Pawnee Reservoir Wildhorse 1d-13L SWD Pad Razor 26J-2633L SWD Pad 4N f 6W 9N 55W , 9N 63W 9N 62W Hied Montt heart Reservoir Recervoir ' Keota I — cz Cebz z o + t + 8N 56W 8N 55W r 8N 54W 8N 53W g 18N 63W 8N 62W 8N 61W 8N 60W Bnggsdale oN 59VJ Buckingham _ I .. ra....�� L Buckingham -Raymer Stonenam N S._.. .. -,.. 7AM gacnr 7rr r;nrnr ) 7M 4 7\nr 7N 56W 1 7N 55W 7N 54W 7N 5;_ `. ® PXP Crude Receipt nO3 Proposed Taltgrass NGL Pipeline nal PXP Northeast Colorado Lateral nal Trailblazer Redtail Lateral III III BNN Redtail aProduced Water Lines A SWDs a PXP Crude Pipeline Mainline aTrailblazer Pipeline aTallgrass Interstate Gas Transmission a Rockies Express Pipeline l ant ce r l 6N 53W 7'_ 104°20'0"W 104°10°0'W 104°0'0"W 103°50'0'W 103"40'0"W 103°30'0"W 103.20'0"W PINL Piping vs . Trucking Increasing pipeline infrastructure continues to be a priority for BNN in the operation of our SWDs . Compared to trucks , pipelines limit environmental impact in many ways . • Diminished truck traffic • Fewer spills • Reduced user error • Increased volume turnover The daily permitted capacity of our existing Weld County gathering and disposal system eliminates the need for over 3Oo trucks per day to move the same volume to other SWD 's . IBIS' a � Proposed Additions i • grew I3 I . BNN requests modification of our existing USR permits to include - r- - commercial operations in order to . it - ' -,. I fir..* �' €-Lon 1 . Create permitting continuity • W � � elk . across our three SWD facilities . , et \ , ( --- - -4e. IL. Ak • l as, y- 2 . Continue our operations within - ,: existing USR requirements . .. ,_ te ' 6 -� \ 3 . Align COGCC and Weld County • _ A - SWD classifications . lin 1 4 4 , _s .4, 1 i • • 0, .._4 ) Nit 1 lift ENS' i �► DELIVER SOURCE WE STORE WATER . GATHER RECYCLE TAKE CARE OF Hello