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HomeMy WebLinkAbout1.0 ApplicationAMERICAN SODA, L.L.P. SPECIAL USE PERMIT GARFIELD COUNTY, COLORADO YANKEE GULCH SODIUM MINERALS PROJECT PARACHUTE INDUSTRIAL PROCESSING OPERATION June, 2004 Submitted By American Soda, L.L.P. 2717 County Road 215 Parachute, CO 81635 GENERAL INFORMATION (To be completed by the app{icant.) Street Address / General Location of Property: 271 7 County Road 215 3 Miles Northwest of Parachute, Colorado r Legal Description: awl /4NE1 /4 Sec.33, SE1 /2SW1 /4&SE1 /4 Sec. 34, SW1 /4 SW1/4 Sec.35, TS6S. R96W.and NW1/4&SW1/4&S1/2NE1/4&NW1/4NE1/4& N1/2SE1/4&SW1/4SE1/4&W1/2SE1/4&SW1/4SE1/4 Sec.2 & NE1f4 Sec.3 ,TS7S..R96 6t1 3M in Garfield County, Colorado • xisting use 'Size o roperty in acres: .. _ #11, - - Description of Special Use Requested: Change in Operation of Industrial Facility to supply new feedstock for production of Sodium Bicarbonate (Baking Soda) Zone District: Agricultural/Industrial ✓ Name of Property Owner (Applicant): American Soda LLP • Address: 2717 County Road 215 City: Parachute Telephone:970-285-0407 State: CO Zip Code: 81635 FAX: 285-6393 • Name of Owners Representative, if any (Attorney, Planner, etc): • Address: Telephone: • City: State: Zip Code: FAX: • • GARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www. garfi eld-co a nty. co m Special Use Permit STAFF USE ONLY Doc. No.: Date Submitted: TC Date: Planner: Hearing Date: • APPLICATION SUBMITTAL REQUIREMENTS As a minimum. specifically respond to all the following items below and attach any additional information to be submitted with this application: Please submit, in narrative form, the nature and character of the Special Use requested. Submit plans and supporting information (Le. letters from responsible agencies). Include specifications for the proposed use including, but not limited to, the hours of operation, the number and type of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size and location of any existing and/or proposed structures that will be used in conjunction with the proposed use. and provisions for electric power service and any other proposed utility Improvements. Be specific. 2. If you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. If you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation plan to demonstrate that you have legal and adequate water for the proposed use. Submit a site plan !map drawn to scale that portrays the boundaries of the subject property, ail existing and proposed structures on the property, and the County or State roadways within one (1) mile of your property. 1f you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. 4. Submit a vicinity map showing slope / topography of your property, for which a U.S.G.S. 1:24,000 scale quadrangle map will suffice. Submit a copy of the appropriate portion of a Garfield County Assessor's Map showing aid mineral rights owners of the subject property and public and private landowners adjacent to your property (which should be delineated). In additional, submit a list of all property owners and their addresses adjacent to or within 200 ft. of the site. This information can be obtained from the Assessor's Office. 6. Submit a copy of the deed and a legal description of the subject property. 7. If you are acting as an agent for the property owner, you must attach an acknowledgement from the property owner that you may act in his/her behalf. 8. Submit an statement that specifically responds to each of the following criteria from Section 5.03 of the Zoning Regulations: (1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use. (2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use: (3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points. lighting and signs in such a manner as to protect established neighborhood character: Depending on the type of Special Use Permit requested. you may need to respond to additional review standards in the Garfield County Zoning Resolution Section 5.00 [Supplementary Regulations]. This may include uses such industrial uses [section 5.03.07 & 5.03.08], Accessory Dwelling Units [section 5.03.21], Utility Zine/Utility Substations. etc. Specific sections of the Zoning Resolution which can be located on the Garfield County web site at http:ii/www.garfield- county com/building and plannmglindex.htm. or information can be obtained from this office 10. A $400.00 Base Fee: Applicant shall sign the "Agreement for Payment" form and provide the fee with the application. 11. Submit 2 copies of this completed application form and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the Special Use Permit application has been deemed technically complete. II. PROCEDURAL REQUIREMENTS (The following steps outline how the Special Use Permit Application review process works in Garfield County.) Submit this completed application form, base fee, and all supplemental information to the Garfield County Planning Department. It will be received and given to a Staff Planner who will review the application for technical completeness. 2. Once the application is deemed technically complete, the Staff Planner will send you a letter indicating the application is complete. In addition, Staff will also send you a "Public Notice Form(s)" indicating the time and date of your hearing before the Board of County Commissioners. Prior to the public hearing, Staff will provide you with a Staff Memorandum regarding your requested Special Use. (If Staff determines you application to be deficient, a letter will be sent to you indicating that additional information is needed to deem your application complete.) 3. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the requested Special Use and the public hearing. If proper notice has not occurred, the public hearing will not occur. Notice requirements are as follows a. Notice by publication, including the name of the applicant. description of the subject lot. a description of the proposed special use and nature of the hearing, and the date. time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date of such hearing, and proof of publication shall be presented at hearing by the applicant. Notice by mail. containing information as described under paragraph (1) above, shall be mailed to all owners of record as shown in the County Assessor's Office of lots within two hundred feet (200') of the subject lot and to all owners of mineral interest in the subject property at least thirty (30) but not more than sixty (60) days prior to such hearing time by certified return receipt mail, and receipts shall be presented at the hearing by the applicant. The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice. and ensure that it remains posted until and during the date of the hearing. 4. The Applicant is required to appear before the Board of County Commissioners at the time and date of the public hearing at which time the Board will consider the request. In addition, the Applicant shall provide proof. at the hearing, that proper notice was provided. 5. Once the Board makes a decision regarding the Special Use request. Staff will provide the Applicant with a signed resolution memorializing the action taken by the Board. Following the Board's approval. this office will issue the Special Use Permit to the applicant. If the Board's approval includes specific conditions of approval to be met, this office will not issue the Official Special Use Permit certificate until the applicant has satisfied all conditions of approval. The Special Use Permit approval is not finalized until this office has issued the Official Special Use Permit certificate signed by the Chairman of the Board of County Commissioners. I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. • (Signa re of appg+Eant/per) Last Revised: 11107/2002 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with .wvlicauon) GARFLFLD COUNTY (hereinafter COUNTY) and American Soda LLP (hereinafter .kPPLIC. NT) agree as follows: 1. APPLICANT has submitted to COUNTY an application for Special Use Perini t (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended. establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size. nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPL1C. ti i agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COU `TY` of any land use permit. zoning amendment, or subdivision plan. APPLICANT c, / Si iatur c Date: June 29, 2004 Kevin Green Print Name Mailing Address: 2717 County Road 215 P�rar^hirta C'nlnrado 81635 Page 4 • • • RecelveQ. 6/2g/O4 2:08PM; 773 5257887 -> Am®rlcan Soda; Page 2 JUN -29-2004 TUE 02:39 PM SOLt1AY AMERICA LEGAL FAX NO. 713 5257887 SECRETARY'S CERTIFICATE OF AMERICAN SODA, L.L.P. L Lisa A. Sherrill, Secretary of American Soda, Z..L.P., a Colorado limited liability partnership organized under the laws of the State of Colorado (the "Company"), hereby certify as follows: Attached hereto is a true:, complete and correct copy of resolutions duly adopted by clic Partners of the Company by unanimous written consent in lieu of a meeting, which resolutions were made effective c 2004. All such resolutions are in full force and effect on the date hercot to the form in which adopted and no other resolutions have been subsequently adopted by the Partners of the Company relating to chc Matters referred to in such resolutions. IN WITNESS WHEREOF, I have hereunto set my hand this 2. da of C. --)-“,44—t- 2004. Y Lisa A. Sherrill, Secretary Receives: 8/29/04 2:O8PM.; 713 5287887 _y American Soda; Rage 3 JUN -29-2004 TUE 02:39 PM SOLVAY AMERICA LEGAL FAX NO. 713 5257887 UANAN1MOUS WRITTEN CONSENT T OF THE PARTNERS OF AMC.R.ICAN SODA. L.L.P. WFfRREAS, management wishes to give authority to Charles Yates and Kevin Green to sign any and all documents required by Garfield County in connection with a Special Use Permit for the Company. RESOLVED, that Charles Yates and Kevin Green shall have authority to sign any and all documents submitted by Garfield County in connection with that certain Special Use Permit for the Company and shall act on behalf of the Company and shall perform other duties relating to matters relating to the Special Use Permit as this Company's Board of Directors deems necessary. RF,SQLVLD, that all actions by Charles Yates and Kevin Green taken or pci;ormcd up to the date hereof in the dame of and on behalf of the Cornnany relating to the Special Use Permit, be, and they hereby arc, in ail respects approved, ratified and confirmed. TABLE OF CONTENTS 1.0 DESCRIPTION AND SPECIFICATIONS FOR THE PROPOSED SPECIAL USE 1.1 Introduction 1 1.2 Project Location 3 1.3 Site Plan Description 3 1.4 Hours of Operation 4 1.5 Site Access and Anticipated Vehicle Traffic 4 2.0 WATER USE AND WASTEWATER DISPOSAL 5 3,0 SITE PLOT PLAN 6 4.0 VICINITY MAP 6 5.0 GARFIELD COUNTY ASSESSOR'S MAP 6 6.0 DEED AND LEGAL DESCRIPTION OF THE PROPERTY 6 7.0 IMPACT STATEMENT 6 APPENDICES Appendix A List of Adjacent Landowners - American Soda Parachute Site Appendix B Impact Statement Appendix C Deed, Legal Description and Lease -Purchase Agreement Appendix D Water Right Decrees APPLICATION FOR SPECIAL USE PERMIT YANKEE GULCH SODIUM MINERALS PROJECT PARACHUTE INDUSTRIAL PROCESSING OPERATION 1,0 DESCRIPTION AND SPECIFICATIONS FOR THE PROPOSED SPECIAL USE 1,1 Introduction This Application for a Special Use Permit is being submitted by American Soda, L.1_,P, (American Soda) to change the operation of its Industrial Processing Facility located at Parachute Colorado. The facility currently produces Sodium Carbonate (Soda Ash) from liquid solution supplied by pipeline from its Piceance Creek Solution Mining operations, Sodium Bicarbonate (Baking Soda) is also produced at the facility by combining Soda Ash produced on site with Carbon Dioxide (002) produced at the Piceance Creek Solution Mining operation and trucked to the Parachute facility. The proposed change is to supply the Sodium Bicarbonate (Baking Soda) production system with Soda Ash that is shipped to the facility by rail car and CO2 that is purchased from Williams Production RMT at its adjacent Natural Gas Processing Plant and piped to the facility or purchased from commercial suppliers and shipped to the facility by rail or truck. This application addresses American Soda's proposed construction and operation of equipment to allow rail car quantities of Soda Ash to be off loaded and placed in storage for distribution to a dissolver where the dry soda ash is combined with water to produce a concentrated solution which is fed to a crystallizer vessel where CO2 is added to the solution to convert the Soda Ash solution to Baking Soda crystals. The crystals formed in the crystallizer are then conveyed to a centrifuge which spins off most of the water leff in the crystals before the dewatered crystals are fed to a flash dryer where heated air contacts the crystal to complete the drying process, The dry Baking Soda crystals are then screened for size and stored in bins for distribution to rail car or bulk truck load out or to the packaging facility where Baking Soda is placed in either 80 pound bags or one ton super sacks for shipment by truck or rail to commercial customers. This system produces up to 150,000 tons per year of Sodium Bicarbonate (Baking Soda). To accommodate the proposed change in feed stock supply, new equipment must be installed at both the American Soda industrial Processing Facility and the Williams Production RMT Natural Gas Processing Plant, New equipment to be installed at the Williams Production RMT Natural Gas Plant and their function include a dryer and carbon filter beds to remove liquid from the 002 gas. One 600 horse power and one 700 horse power compressor to raise the pressure of the CO2 to allow transfer by pipeline from the Williams Plant to the American Soda Facility. A chiller to remove the heat of compression from the 002 and lower the dew point of the 002 to a level that no moisture will remain in the gas that is being transferred. This new equipment will be housed in a 60' X 90' pre-engineered metal building. A 6" High Density Polyethylene pipe will be buried at a depth of 4'for a distance of 12,000' between the two facilities. This line will be placed in an existing pipeline corridor between the two facilities. Appendix C of this application contains a copy of the Purchase and Sales Agreement between American Soda LLP and Williams Production RMT for the purchase of 002, the placement and operation of process equipment and pipeline easement on property owned by Williams Production RMT, New Soda Ash handling equipment to be constructed at the American Soda Facility and their functions include a new 100 ton rail car off loading hopper and conveyor to be installed beneath existing rail tracks. This equipment will be housed in an enclosed steel structure that is 23' wide by 40' long by 30' high. A new screw conveyor to transfer the off loaded Soda Ash to a new 100 ton per hour capacity bucket elevator which elevates dry Soda Ash 160 feet to the fop of existing storage silos. This 160' tall bucket elevator will be erected adjacent to the existing storage silos and is not enclosed in a building. A new screw conveyor to transfer soda ash from the bucket elevator to storage silos. The remainder of new equipment will be installed within the existing 80,000 square foot process building. A new 55 ton surge bin will be installed to hold Soda Ash which will be metered by a new metering conveyor to the new dissolver tank where water will be added to form the solution that will be transferred by a new pump system to the existing Baking Soda crystallizer. This new equipment will be added to an existing system which includes a multi track rail yard, three 4,500 ton Soda Ash storage silos, conveyor system for distribution of solid products, 150,000 ton per year Baking Soda crystallizer, Baking Soda centrifuge, dryer, screening system, Baking Soda storage bins, Baking Soda truck and rail car bulk load out, Baking Soda packaging facilities, 120 ton capacity liquid CO2 storage tank, two 40,000 pound per hour steam boilers, an 800 gallon per minute water treatment plant, Soda Ash truck and rail car bulk load out system, two 500,000 ton per year Soda Ash crystallizers, two 6,000 horse power steam compressors, one 1,000,000 ton per year Soda Ash dryer, three Soda Ash centrifuges, Soda Ash screening system and one 70 ton per hour Deca-Hydrate crystallizer. With this change in use the two 500,000 ton per year Soda Ash crystallizers, two 6,000 horse power steam compressors, the 1,000,000 ton per year Soda Ash dryer, the three Soda Ash centrifuges, the Soda Ash screening system and the 70 ton per hour Deca-Hydrate crystallizer will be moth balled. American Soda owns a 230,000 volt electrical transmission system which transports power to the facility from EXCEL Energy's primary sub station located a Parachute Colorado. The incoming 230,000 volt power is reduced to 13,800 7 volts at the 25 megawatt transformer station for distribution to the various plant facilities and buildings. The power for the new CO2 process equipment to be • installed at the Williams Production RMT Gas Plant will be supplied using an existing 13,800 volt electrical pole line owned by American Soda that previously supplied power to the Williams Production RMT Gas Plant, 1.2 Project Location The Parachute Site and Gas Plant are located on private property in the Parachute Creek valley approximately 3 miles North West of Parachute, Colorado in the SW 1/4 NE 1/4 Section 33, SE '/2 SW 1/4 Section 34, SE 'A Section 34 and SW SW 1/4 Section 35 of Township 6 South, Range 96 West and NW 1/4 Section 2, SW 1/4 Section 2, 5 'h NE 1/4 Section 2, NW 1/4 NE 1/4 Section 2, N 1/2 SE 1/4 Section 2, SW 1/4 SE 1/4 Section 2. W 1/2 SE 1/4 Section 2, SW 1/4 SE 1/4 Section 2 and NE '/a Section 3 of Township 7 South, Range 96 West of the 6:"1 Principal Meridian in Garfield County, Colorado. Access to the Parachute Site and Gas Plant is provided by Interstate 70 and Garfield County Road 215 (Parachute Creek Road). Figures 1 and 2 provide maps showing the location and overall layout of American Soda's Parachute Site and Williams Production RMT Gas Plant, 1.3 Site Plan Description The Williams Production RMT Gas Plant site currently contains a 6,300 square foot compressor building, a 2,160 square foot gas process building, a 1,350 square foot generator building, a 1,350 square foot shop and warehouse building, two 1,350 square foot office -control room buildings, twelve process equipment skids and two LNG product storage tanks, American Soda proposes to add a 5,400 square foot metal building to house the CO2 gas processing equipment and a CO2 gas storage tank to this site, The American Soda Industrial Processing Facility currently contains a 30,000 square foot office complex, a 5,600 square foot change room and firehouse, a 26,000 square foot shop and warehouse facility, two 3,750 square foot pump houses, a 4,800 square foot boiler house, a 3,750 square foot water treatment and compressor building, a 4,800 square foot water filter and clarifier building, a 2,400 square foot soda ash rail car- truck load out building, a 30,000 square foot auxiliary warehouse storage building, a 15,000 square foot product storage warehouse and an 80,000 square foot process building, American Soda will continue to use these buildings and facilities and will add a 920 square foot rail car off load enclosure to the site. 1.4 Hours of Operation As is currently the case. the Parachute Site and Gas Plant processing operation are scheduled to operate 24 hours per day, 365 days per year, with the exception of periodic maintenance outages. 1.5 Site Access and Anticipated Vehicle Traffic The Parachute Site and Gas Plant are located about 3 miles northwest of Parachute, Colorado. Access to the Parachute Site and Gas Plant is via Garfield County Road 215 (Parachute Creek Road), Access to project facilities within the Sites is provided by existing paved and gravel roads. The present Commuter traffic to and from the Parachute Site occurs during both day and night, peaking during shift changes. The processing facility operates 24 hours per day, with two 12 -hour shifts (e.g., 7 am to 7 pm and 7 pm to 7 am). The operations workforce at the Parachute Plant will be decreased with the planned changes in production due to economic down turns and will not increase above levels experienced over the past 4 years of operation even if there is a return to past production levels. The approximately 62 commuter round trips that now occur per 24-hour day should never be exceeded. • Truck traffic to and from the Parachute Site is associated with the delivery of materials and supplies, as well as shipment of a small percentage of finished sodium products. These truck trips occur primarily during daylight/business hours, Monday through Friday. It is estimated that approximately 36 truck trips per business day now occur during operation of the Parachute Operation. This will decrease to approximately 27 truck trips per business day for the foreseeable future. The vast majority of American Soda's finished products and bulk additives are shipped to and from the Parachute Site by rail, utilizing the existing rail spur that runs from the site to the interstate railroad main line near the town of Parachute. With the decrease in shipments due to the curtailment of soda ash production there will be a reduction from the current level of 17 rail cars per day to 7 rail cars per day. Should economics change the rail traffic could return to the current level of 17 cars per day but would not exceed that number at any time in the future 2.0 WATER USE AND WASTEWATER DISPOSAL Process water requirements for the operation are 450 gallon per minute or approximately 1 CFS. 4 The water supply for American Soda's Yankee Gulch Project is derived from the water rights purchased from Unocal for the project. These decreed water rights provide up to 10 CFS of senor water rights and are more than adequate to satisfy the project's demands. American Soda is confident that the project's water supply is legally and physically reliable. To guarantee that an adequate supply of water is never interrupted American Soda also maintains a 600 acre feet per year water supply contract with the Colorado River Water Conservation District for water releases from Wolford Mountain or Rudi Reservoirs should a call be placed on the Main Stem of the Colorado River that is senor to American Soda's water rights, Annual filing is made with the Division Engineer of Division 5 Water Resources of the State Water Engineer to verify American Soda's Augmentation Plan. A copy of the CRWCD Water Contract, the Annual Augmentation Plan and Water Right Decree Cases W-2206 and 99CW300 are attached as Appendix D. Potable water for the facility is supplied by a licensed contractor who purchases from Battlement Mesa Metropolitan Water District and delivers to an onsite potable water tank for distribution to the various buildings. The domestic sewer system for this site consists of under ground holding tanks which are pumped regularly and disposed of at the Garfield County Land Fill. • The annual consumption and disposal of domestic water is 1, 400.000 gallon The plant water softening and filtering system is capable of treating up to 800 gallon per minute to supply plant process requirements. Backwash effluent from the softening and filter system is directed to on site evaporation ponds. Any water that is purged from plant processes as well as boiler blow down water is also directed to onsite evaporation ponds. The facility has four evaporation ponds that are constructed with 60 mil HDPE double liners with leak detection systems. The combined capacity of these ponds is 75,000,000 gallons. A lined storm water containment pond with 10,000,000 gallons of capacity receives any storm water that contacts the facility. This water is either evaporated off or recovered for process use. This is a zero discharge facility. 3.0 SITE PLOT PLAN Figure 1 depicts the locations of all existing structures, the added rail car offload conveyors and bucket elevator at the Parachute Site, as well as the Garfield County roadway (County Road 215) in the vicinity of the Parachute Site property. 5 Figure 3 depicts the location of added off load equipment in relation to existing 0111 equipment at the Parachute Site. Figure 4 depicts the locations of all existing equipment and the added compression equipment at the Gas Plant. 4.0 VICINITY MAP Figure 2 depicts the location of the Parachute Site and Gas Plant on a USGS topographic map. The Parachute Site and Gas Plant are located in the bottom of the Parachute Creek valley, on property that is relatively flat, sloping gently toward Parachute Creek, 5.0 GARFIELD COUNTY ASSESSOR'S MAP A copy of the relevant Garfield County Assessor's Map is attached as Figure 5. Appendix A provides a list of adjacent landowners for the Parachute Site, 6.0 DEED AND LEGAL DESCRIPTION OF THE PROPERTY A copy of the deed and a legal description of the property and the 002 Purchase and Sale Agreement between Williams Production RMT and American Soda are included as Appendix C. 7.0 IMPACT STATEMENT The Impact Statement for the project is included as Appendix B to this Application. The Impact Statement includes an analysis of the applicability of the Garfield County Fiscal Impact Mitigation Program to the Yankee Gulch Project. APPENDIX A LIST OF ADJACENT LANDOWNERS AMERICAN SODA PARACHUTE SITE APPENDIX A LIST OF ADJACENT LANDOWNERS - AMERICAN SODA PARACHUTE SITE Lot Number Name of Owner Address 2171-331-00-020 Union Oil Company P.Q. Box 5076 Sugarland TX 77487-5076 Attn: Property Tax Dept. 2171-332-00-010 Williams Production RMT 333 W. Hampdem Ave. Suite 740 Englewood, CO 80110 0/0 Logan & Firmine 2171-341-00-959 U,S. Bureau of Land Management 50629 Highway 6 and 24 Glenwood Sprs, CO 81602 2171-354-00-960 U.S. Bureau of Land Management 50629 Highway 6 and 24 Glenwood Sprs, CO 81602 2171-363-00-007 Williams Production RMT 333W. Hampden Ave. Su ite740 Englewood, CO 80110 0/0 Logan & Firmine 2409-013-00-008 McKay, Evelyn G. P.Q. Box 186 Parachute, CO 81635 2409-013-00-006 Sidney and Ruth Lindauer Family Trust P.Q. Box 626 Parachute, CO 81635 2409-013-00-007 Landauer, Ivo E. 269 Lodgepole Circle Parachute, CO 81635 2409-122-00-004 Lindauer, Sidney R. P.O. Box 626 Parachute, CO 81635 2409-111-00-067 Lindauer, Ivo E. 269 Lodgepole Circle Parachute, CO 81635 2409-212-00-952 U.S. Bureau of Land Management 50629 Highway 6 and 24 Glenwood Sprgs, CO 81602 A-1 • APPENDIX B IMPACT STATEMENT • IMPACT STATEMENT APPLICATION FOR SPECIAL USE PERMIT PARACHUTE INDUSTRIAL PROCESSING FACILITY In accordance with Sections 5.03.07 and 5.03.08 of the Garfield County Land Use Codes, this Impact Statement is filed with Garfield County for the purpose of changing American Soda LLP's Parachute Industrial Processing Operation, located at 2717 County Road 215 in unincorporated Garfield County. The Parachute Site is part of the American Soda, L.L.P. (American Soda) Yankee Gulch Sodium Minerals Project (Yankee Gulch Project), American Soda plans to install equipment which will allow for a change in the supply of Soda Ash and CO2 feed stock to the Baking Soda production portion of the facility. 5.03 CONDITIONAL AND SPECIAL USES 1. Utilities and Sanitation 410 American Soda currently has in place a 25 megawatt electrical distribution system, an 800 gallon per minute water treatment plant, an established process water supply, a potable water system serviced by a licensed water supply company, an onsite wastewater disposal system and an established sanitary sewage holding system with offsite disposal af the Garfield County Landfill, 2. Street Improvements The road serving the Parachute Site (County Road 215) is currently adequate to serve the Parachute Site Processing Operation. At present, County Road 215 carries large volumes of traffic. Projected commuter and truck traffic anticipated for the Parachute Site are described in Section 1.5 of the Special Use Permit Application. 3. Project Design and Adjacent Land Uses The Parachute Site is an approximately 300 -acre existing industrial facility enclosed by a chain-link fence. This 300 -acre facility lies within 1,000 acres owned by American Soda. Outside the fenced boundary of the Parachute Site, the American Soda property is agricultural and/or vacant in character. • Lands adjacent to American Soda's 1,000 -acre property are similarly used for grazing and/or agriculture, with limited rural residential and mineral/natural gas B-1 • extractive uses. The Gas Plant is enclosed by a chain-link fence. This 5 acre facility is located on property adjacent to the Parachute Site. The property owned by Williams Production RMT consists of several hundred acres and is currently used for oil and gas production, gas compression and processing facilities. There are no established neighborhoods or other residential land uses within close proximity of the Parachute Site that would warrant installation of screen fences or special landscaping or that would require special consideration of the location of intensively utilized areas, access points, lighting, or signs to protect established neighborhood character. 5.03.07 INDUSTRIAL OPERATIONS 1. IMPACT STATEMENT A. Existing Lawful Use of Water The water supply for American Soda's Yankee Gulch Project is derived from the water rights purchased from Unocal for the project. These water rights are some of the most senor rights on the Colorado River and are more than adequate to 410 satisfy the project's current as well as any future demands. American Soda is confident that the project's water supply as decreed in Case No. 99CW300 and W-2206 and Colorado River Conservation District water contract CW01005 (Appendix D of the Special Use Permit Application) is legally and physically reirable. The Parachute Site features a network of drainage ditches to direct stormwater runoff to a stormwater retention pond located on the southeast side of the site (Figure 1 of the Special Use Permit Application). Groundwater is protected through use of evaporation ponds featuring double liners with leak detection and pumpback equipment. B. Generation of Vapors, Dust, Smoke, Noise, Glare, Vibration, or Other Emanations The existing equipment as well as equipment to be installed at the Parachute Site and Gas Plant would not result in the emission of vapors, dust, smoke or other emanations. The addition would use electrically powered equipment and will be incorporated into the existing emission controls system currently serving the facilities operations. Any potential noise sources associated with the new equipment at the Parachute Site is consistent with current noise levels in the plant and will not B-2 • result in an increase in noise levels out side the plant boundary. The rail oft load system will be housed in a structure that will reduce any noise levels and the bucket elevator is electrically driven and will not generate discernable noise levels. Other than the movement of rail cars, mobile equipment and vehicle traffic, all compressors, pumps, conveyors, screening plants, boilers and other equipment operations are located in enclosed buildings which reduces any noise levels to the point of non detectable at the plant boundaries. • The electrical powered CO2 equipment to be installed at the Gas Plant will be housed in an enclosed structure and will not generate levels of noise that will be transmitted oft site, C. Impacts on Wildlife and Domestic Animals The Parachute Site and the Gas Plant are existing industrial facilities that are already fenced to restrict access by people, as well as by domestic animals and wildlife While the adjacent properties are agricultural in nature, the perimeter fence precludes the entry of livestock and other domestic animals. There is the potential for occasional vehicle -animal collisions along County Road 215 and on the rail spur due to project -related automobile, truck, and rail traffic. The number of animals that would be impacted is expected to be low. D. Truck, Automobile, and Rail Traffic There will be no increase in traffic and for the most part there will be a decrease in both commuter and rail traffic over the next several years due to reduced production and employee levels. E. Damage to Adjoining Property No disturbance or damage to adjacent properties or land uses is foreseen as a result of the equipment installation and reduction of operations. F. Mitigation Measures Any added buildings or equipment that is visible will be painted to blend with the existing facilifies. Since little, if any, other impacts are expected to result from the operations, no additional mitigation measures are proposed. 13-3 • • • 5.03.08 INDUSTRIAL PERFORMANCE STANDARDS 4 . Volume of Sound The existing stationary plant equipment that generates noise is housed in buildings or enclosures and complies with all relevant state and federal standards. Equipment to be installed is driven by electrical motors and will not generate noise levels that will be detected out side of the plants and will comply with all relevant state and federal standards with respect to noise emissions. 2. Vibration Generated The existing installed equipment does not generate ground vibration that is perceptible along property boundaries and the equipment to be installed is not expected to produce ground vibration that is perceptible at any point along the property boundary. 3. Emissions of Smoke and Particulate Matter As stated in Section 5.03.07 (B) of this Impact Statement, the equipment to be installed is controlled by existing emission control devises and will not increase emission of vapors, dust, smoke or other emanations. The addition will use electrically powered equipment. 4. Emission of Heat, Glare, Radiation, and Fumes The Parachute Facility and Gas Plant as a whole are lit at night. Night lighting has been installed in accordance with applicable occupational health and safety regulations and sound engineering judgment. Any new lighting that may be installed will be of the same type and the same engineering practices will be used as were used for the original installation. The existing lighting has been in use for four years and is very well accepted by adjacent land owners and distant communities within visual range of the plant. The added equipment will not emit radiation into the environment, nor will it emit heat that would be measurable in offsite air or water resources. B-4 5, Storage Areas Limited quantities of diesel fuel and other regulated materials are stored at the Parachute Site and Gas Plant for use in project operations. These materials are stored in a manner consistent with requirements of the National Fire Code and other applicable state and federal regulations. Storage facilities for fuel and other regulated materials are within the fenced boundary of the Parachute Site and Gas Plant 5.08 FISCAL IMPACT MITIGATION PROGRAM According to the Garfield County Zoning Resolution, the purpose of the Fiscal impact Mitigation Program is to condition a land use permit so that the sponsor of a Major Project will participate, as necessary, in a mitigation plan to provide for the timely availability of adequate housing, community facilities, and public services during the construction phase of the Major Project. Fiscal mitigation can take many forms, such as providing housing units, funding school additions, and funding water, sewer, or road infrastructure. Based on the guidelines established in the Zoning Resolution (5.08.02.08), a Major Project is defined as a project located in the county that will employ at any one time a total workforce of 200 employees in the county. Given the size of the construction workforce of 25 to 50 contract employees associated with the proposed equipment installation, combined with American Soda's current approximately 55 -person workforce at the Parachute Site this project will not exceed the Major Project criteria during its construction period of 5 months. At the end of the construction period American Soda's workforce will be reduced to less than 30 employees. B-5 1� u ij ■ d N 9 ss 1 INV1d 6J&J1 1l c m IF+ • 1 r e .lean Soda " al T1 h c ierican Soda "Parcel 1'4rtii`hute Site %Processing, Operan;,ri T I" 35 r3 13 r Yaukee (]upas Sodium Mene4aL Project AMERICAN SOMA, L.L.P. FIGURE 2 PARACHUTE SCFE V]CLNI Y Tour • • • S 3 1 A Y a F 0 A tri z 0 r "r da ?009 I -Mtn 0) 0 (,) CO - C3 vio ri U)d 6.10 tri z Of1VA 10W S✓ ONPArtl3 SIHI A • • • N 8 cDoceeeerpoloasoci !g • 8 6 A g 4 S 8 ri 8 . at. L Y 4Krli71� TK_ tae v' -00, ED -902 e A A ti /AMEti7.60 c 00 1 *d ! Nit } 8 t7 r i� a .. MN Nir-s nil 11 — .: _ ca 0 0 m N a e, 01 LO • • • APPENDIX A LIST OF ADJACENT LANDOWNERS AMERICAN SODA PARACHUTE SITE • • • APPENDIX A LIST OF ADJACENT LANDOWNERS - AMERICAN SODA PARACHUTE SITE Lot Number Name of Owner Address 2171-331-00-020 Union Oil Company P.Q. Box 5076 Sugarland TX 77487-5076 Attn: Property Tax Dept. 2171-332-00-010 Williams Production RMT 333 W. Hampdem Ave. Suite 740 Englewood, CO 80110 CIO Logan & Firmine 2171-341-00-959 U.S. Bureau of Land Management 50629 Highway 6 and 24 Glenwood Sprs, CO 81602 2171-354-00-960 U.S. Bureau of Land Management 50629 Highway 6 and 24 Glenwood Sprs, CO 81602 2171-363-00-007 Williams Production RMT 333W. Hampden Ave. Suite740 Englewood, CO 80110 0/0 Logan & Firmine 2409-013-00-008 McKay, Evelyn G. P.Q. Box 186 Parachute, CO 81635 2409-013-00-006 Sidney and Ruth Lindauer Family Trust P.Q. Box 626 Parachute, CO 81635 2409-013-00-007 Lindauer, Ivo E. 269 Lodgepole Circle Parachute, CO 81635 2409-122-00-004 Lindauer, Sidney R. P.O, Box 626 Parachute, CO 81635 2409-111-00-067 Lindauer, Ivo E. 269 Lodgepole Circle Parachute, CO 81635 2409-212-00-952 U.S. Bureau of Land Management 50629 Highway 6 and 24 Glenwood Sprgs, CO 81602 Application for Special Use Permit Amendmen! Yankee Gulch Sodium Minerals Project Parachute Processing Operation Ueca-Hydrate. Addition American Sada, L,.L.P. A-1 • APPENDIX B IMPACT STATEMENT • • • IMPACT STATEMENT APPLICATION FOR SPECIAL USE PERMIT AMENDMENT YANKEE GULCH SODIUM MINERALS PROJECT PARACHUTE PROCESSING OPERATION DECA-HYDRATE ADDITION In accordance with Sections 5.03.07 and 5.03.08 of the Garfield County Land Use Codes, this Impact Statement is filed with Garfield County for the purpose of modifying American Soda LLP's Parachute Site Processing Operation, located at 2717 County Road 215 in unincorporated Garfield County. The Parachute Site is part of the American Soda, LL.P. (American Soda) Yankee Gulch Sodium Minerals Project (Yankee Gulch Project). In brief, American Soda plans to install equipment which will allow for the continued operation of the Baking Soda portion of the facility. 5.03 CONDITIONAL AND SPECIAL USES 1. Utilities and Sanitation • American Soda intends to continue to utilize its existing water supply and wastewater disposal infrastructure present at the Parachute Site. 2, Street Improvements The road serving the Parachute Site (County Road 215) is currently adequate to serve the Parachute Site Processing Operation. At present, County Road 215 carries large volumes of traffic. Projected commuter and truck traffic anticipated for the Parachute Site are described in Section 1.5 of the Special Use Permit Application. 3. Project Design and Adjacent Land Uses The Parachute Site is an approximately 300 -acre existing industrial facility enclosed by a chain-link fence. This 300 -acre facility lies within 1,000 acres owned by American Soda. Outside the fenced boundary of the Parachute Site, the American Soda property is agricultural and/or vacant in character. Lands adjacent to American Soda's 1,000 -acre property are similarly used for grazing and/or agriculture, with limited rural residential and mineral/natural gas extractive uses. The Gas Plant is enclosed by a chain-link fence. This 5 acre • facility is located on property adjacent to the Parachute Site. The property owned by Williams Production RMT consists of several hundred acres and is impact Sta lemen1 Application for Special Use Permit Ameridnienr Yankee Gulch Sodium Minerals ProJeci Parachute Processing Operation Deca-1 lydrate Addition American Sada, I..LP B-1 0 currently used for oil and gas production, gas compression and processing facilities.. • There are no established neighborhoods or other residential land uses within close proximity of the Parachute Site that would warrant installation of screen fences or special landscaping or that would require special consideration of the location of intensively utilized areas, access points, lighting, or signs to protect established neighborhood character. 5.03.07 INDUSTRIAL OPERATIONS 1. IMPACT STATEMENT A. Existing Lawful Use of Water The water supply for American Soda's Yankee Gulch Project is derived from the water rights purchased from Unocal for the project. These water rights are some of the most senor rights on the Colorado River and are more than adequate to satisfy the project's current as well as any future demands. American Soda is confident that the project's water supply as decreed in Case No. 99CW300 and W-2206 (Appendix D of the Special Use Permit Application) is legally and physically reliable, The Parachute Site features a network of drainage ditches to direct stormwater runoff to a stormwater retention pond located on the southeast side of the site (Figure 1 of the Special Use Permit Application). Groundwater is protected through use of evaporation ponds featuring double liners with leak detection and pumpback equipment. Generation of Vapors, Dust, Smoke, Noise, Glare, Vibration, or Other Emanations The existing equipment as well as equipment to be installed at the Parachute Site and Gas Plant would not result in the emission of vapors, dust, smoke or other emanations. The addition would use electrically powered equipment and will be incorporated into the existing emission controls system currently serving the facilities operations. Any potential noise sources associated with the new equipment at the Parachute Site is consistent with current noise levels in the plant and will not result in an increase in noise levels out side the plant boundary. The rail off load system will be housed in a structure that will reduce any noise levels and the • bucket elevator is electrically driven and will not generate discernable noise levels. Impact Yta lenient Application locSpaual Use Permit Amentimenr Yankee Gulch Sodium Minerals Project Parachute Processing Operation Lleca-itvdracc Addition American Soda. LLP. B-2 • • The electrical powered CO2 equipment to be installed at the Gas Plant will housed in an enclosed structure and will not generate levels of noise that will be transmitted off site. C. Impacts on Wildlife and Domestic Animals The Parachute Site and the Gas Plant are existing industrial facilities that are already fenced to restrict access by people, as well as by domestic animals and wildlife. While the adjacent properties are agricultural in nature, the perimeter fence precludes the entry of livestock and other domestic animals. There is the potential tor occasional vehicle -animal collisions along County Road 215 and on the rail spur due to project -related automobile, truck, and rail traffic. The number of animals that would be impacted is expected to be low. D. Truck, Automobile, and Rail Traffic There will be no increase in traffic and for the most part there will be a decrease in both commuter and rail traffic over the next several years due to reduced production and employee levels. E. Damage to Adjoining Property No disturbance or damage to adjacent properties or landuses is foreseen as a result of the equipment installation and reduction of operations. F. Mitigation Measures Any added equipment that is visible will be painted to blend with the existing facilities. Since little, if any, other impacts are expected to result from the operations, no additional mitigation measures are proposed, 5.03.08 INDUSTRIAL PERFORMANCE STANDARDS 1. Volume of Sound The existing stationary plant equipment that generates noise is housed in buildings or enclosures and complies with all relevant state and federal standards. Impact Statement Application for Specht Use Permit Ana•ndmeut Yankee Gulch Sodium Minerals Project Parachute Processing Operation E)eca-UEydraIe Addition American Soda, LLP. B-3 Equipment to be installed is driven by electrical motors and will not generate noise levels that will be detected out side of the plants and will comply with all relevant state and federal standards with respect to noise emissions. 2. Vibration Generated The existing installed equipment does not generate ground vibration that is perceptible along property boundaries and the equipment to be installed is not expected to produce ground vibration that is perceptible at any point along the property boundary. 3, Emissions of Smoke and Particulate Matter As stated in Section 5.03.07 (B) of this Impact Statement, the equipment to be installed is controlled by existing emission control devises and will not increase emission of vapors, dust smoke or other emanations. The addition will use electrically powered equipment. 4. Emission of Heat, Glare, Radiation, and Fumes The Parachute Facility and Gas Plant as a whole are lit at night. Night lighting has been installed in accordance with applicable occupational health and safety regulations and sound engineering judgment. Any new lighting that may be installed will be of the same type and the same engineering practices will be used as were used for the original installation. The existing lighting has been in use for four years and is very well accepted by adjacent land owners and distant communities within visual range of the plant. The added equipment will not emit radiation into the environment, nor will it emit heat that would be measurable in offsite air or water resources. 5. Storage Areas Limited quantities of diesel fuel and other regulated materials are stored at the Parachute Site and Gas Plant for use in project operations. These materials are stored in a manner consistent with requirements of the National Fire Code and other applicable state and federal regulations. Storage facilities for fuel and other regulated materials are within the fenced boundary of the Parachute Site and Gas Plant. Impact Statement Appiicatico for Special Use remit Amendment 'Yankee Gulch Sodium Minerals Project Parachute Procouing Operation Deca-lioiraie Additical American Sod& LLP B-4 5.08 FISCAL IMPACT MITIGATION PROGRAM According to the Garfield County Zoning Resolution, the purpose of the Fiscal impact Mitigation Program is to condition a land use permit so that the sponsor of a Major Project will participate, as necessary, in a mitigation plan to provide for the timely availability of adequate housing, community facilities, and public services during the construction phase of the Major Project. Fiscal mitigation can take many forms, such as providing housing units, funding school additions, and funding water, sewer, or road infrastructure. Based on the guidelines established in the Zoning Resolution (5.08.02.08), a Major Project is defined as a project located in the county that will employ at any one time a total workforce of 200 employees in the county. Given the size of the construction workforce of 25 to 50 contract employees associated with the proposed equipment installation, combined with American Soda's current approximately 55 -person workforce at the Parachute Site this project will not exceed the Major Project criteria during its construction period of 5 months. Impact Statement Application for Special Use Permit Amendment Yankee Gulch Sodium Minerals Proier t Parachute Processing Operation Deca-1Ivdrate Addition American Soda, 1.1...1'. B-5 APPENDIX C DEED AND LEGAL DESCRIPTION CO2 LEASE AND PURCHASE AGREEMENT • RECORDING REQUESTED BY AND WHEN RECORDED, MAIL TO: Jacobs Chase Frick Kleinkopf 3c Keiley LLC [050 Seventeenth Street, Suite 1500 Denver, Colorado 80265 1111111 Hill 111111 111111 1111 11111 111111111 1111111111111 Attn: Michael A. Smith 545331 05/12/1999 12:03P 31129 P50 ,"f ALSDOIRF 1 of 60 R 301.00 0 499.90 GARFIELD COUNTY CO SPECIAL WARRANTY DEED UNION OIL COMPANY OF CA LIFFORNL ., a California corporation, ("Grantor"), with an address of 376 South Valencia Avenue, Brea, California 92823, for the consideration of Z`en and no/100 Dollars (S10.00) and other good and valuable consideration in hand paid, hereby sells and conveys to AMERICAN SODA, L.L.P., a Colorado limited liability partnership, its successors and assigns ("Grantee") with an address of 710 Cooper Street, Glenwood Springs, Colorado 81602, all of Grantor's interest in certain real property located in Garfield County, Colorado as more particularly described on Schedules I -A through I -R attached hereto and incorporated herein by this reference. (collectively the "Real Estate"), together with all appurtenances, and warrants the title to the same against all persons claiming by, through, or under Grantor, and subject to the reservations set forth below and the encumbrances, liens, matters and exceptions more particularly described on Schedule attached hereto and incorporated herein by this reference. ,QESERVATtONa Grantor reserves to itself, its successors and assigns (i) hydrocarbons, all oil and oil rights, oil shale, gas and gas rights and minerals and mineral rights associated with the Real Estate; (ii) exclusive rights to the existing 8 -inch gas pipeline, the existing 6 -inch insulated product pipeline and the 4 -inch sour water pipeline and non-exclusive rights to the existing 8 - inch water pipeline and the existing 6 -inch reuse water pipeline located described in the "Unocal Pipeline Corridor," as described in Grant of Easement and Agreement Creating Restrictive Covenant recorded in the real estate records of Garfield County, Colorado in Book 633 at Page 489, and in Book 748 at Page 888 as amended by those documents recorded in Book 748 at Page 863; in Book 1048 at Page 136; (iii) an easement over the Real Estate described on Schedule Ill attached hereto and incorporated herein by this reference for the installation, connection, operation, maintenance and repair and replacement of transmission and distribution lines and facilities for oil shale and oil shale related materials on the condition that (A) no such line or facility shall be installed in a location that will have a material adverse impact on any then - existing improvement on the steal !Estate, and (B) urantor shall use all reasonable efforts to prevent its use and enjoyment of such easement from interfering with Grantee's use and operation of the Real Estate; (iv) an easement over the Real Estate described. on Schedule ITT attached hereto and incorporated herein by this reference for the installation, connection, operation, • K'7x-as47,-4 A-1 - (1) • w 11111111111 JI11111111111111 Fill 1111111111111111.11111 545331 05112/1999 .2:03P 31129 ?51 +1 At,9DORF 2 of 50 R 301.00 D 499.90 GARFIELD COUNTY CO maintenance. -eaair and replacement of lines, facilities and systems for transmission and distr.button of uttiities to serve other property owned by Grantor on the condition that I,A) no such line or facility shall be installed in a location that will have a material adverse impact on any then -existing improvement on the Real Estate, and (B) Grantor shall use all reasonable efforts to prevent its use and enjoyment or such easement from interfering with Grantee's use and operation of the Real Estate: (v) the right, at Grantor's expense, to tie any new electrical service lines into any electrical lines or substation now or hereafter constructed upon the Real Estate, provided, however, Grantor shall have no obligation to reimburse Grantee for any amounts expended by Grantee on electrical lines or substations; (vi) an easement for accss to that portion of the Real Estate described on Exhibit IV attached hereto and incorporated herein for the limited purposes and period of time necessary for Grantor to perform such monitoring and remediation as is necessary to obtain a closure approval or other written determination that -no further action is necessary ("Closure Letter") issued by the Colorado Department of Public Health and Environment with respect to a plume of diesel range constituents in groundwater as depicted in Figure 12 "Suspected Groundwater Contaminant Distribution - Former Active and Inactive Basin Area" contained in the "Draft C •rrective Action Plan, Parachute Creek Oil Shale Facility" prepared by Harding Lawson Associat.:s dated December 22, 1998, which easement shall terminate at such time as Grantor delivers to Grantee the Closure Letter; (vii) the right to compel Grantee to grant and convey to Barrett Resources Corporation such licenses and easements as may be required pursuant to the terms and conditions of the oil and gas leases and letter agreement between Grantor and Barrett Resources Corporation dated October 16, 1986, November 27, 1989, February 1, 1990 and November 30, 1995; (viii) an easement over, across, through and under the Real Estate to access, maintain and repair any and all irrigation ditches and structures Located on the Real Estate that serve other real property owned by Grantor, (ix) a proportionate interest in the Parachute Ditch, the headgate to the Parachute Ditch, the headgate and related facilities in the proportion that the amount of Grantor's water rights bear to the total amount of water rights adjudicated for diversion in the Parachute Ditch; (x) an easement over the real property described on Schedule V attached hereto and incorporated herein by this reference for the installation, operation, maintenance, repair and replacement of railroad tracks and related facilities; (xi) an easement over the Real Estate for the operation, maintenance, repair and replacement of monitoring wells numbered LAB -1, IAB -2, IAB -3, LAB -4, IAB -5, ]AB -6, and IAB -7, MW -1, MW -2, MW -3, MW -4, OWSL-1, OWSL-2, OWSL-3, UE -1, UE -2, UE -3, UE -4, UE -5, UE -6, UE -7, UE -10 , UE -17, UE -18, UE -19, UE -20, UE -21 and UE -22; and (xii)(vi) an easement for access to that portion of the Real Estate described on Exhibit VII attached hereto and incorporated herein for the operation, maintenance, repair and replacement of an existing 8 inch natural gas pipeline. XFKK.•:5..-9 A-1 - (2) I 11111 lIII 111111 111111 1111 11111 111111 iI 11111 1111 III 549331 a5/12/1999 12:03P 81129 P52 M ALSDORF 3 of 60 R 301.00 0 499.90 GARFIELD COUNTY CO • Executed this lOth day of May, 1999 to be effective as of May 11, 1999. JD raga Wi..: zbici Assistant Secretary Accepted this lith day of May, 1999. • UNION OIL COMPANY OF CALIFORNIA, a California corporation Name: L.V. Weiss Title: General Manager, Asset Management Group AMERICAN SODA, L.L.P., a Colorado limited liability partnership, by American Alkali, Inc., a Colorado corporation, as a partner By: Name: Irvin Nielsen Title: President A -I-(3) • STATE OF COLORADO COUNTY OF GARFIELD 111111111111 JIllhI lilhi 1111 Il1I 111111 111 H Illi 1II1 545331 05/12/1999 12:03P B1129 P53 M ALSDORF 4 of 60 R 301.00 0 499.90 GARFIELD COUNTY CO ) ss. ) The foregoing instrument was acknowledged before me this l l th day of May, 1999. by Irvin Nielsen, as President ofAznerican Alkali, Inc., a Colorado corporation, as a partner of American Soda, L.L.P., a Colorado limited liability partnership, on behalf of said limited liability partnership, My Commission expires: LHIIJ 011111011111111 011 1011 111111 10 11111 1111 545.331 05/12/1999 12;03P 81129 P54 111 ALSDORF STATE QF CALIFORNIA 1 5 of 80 R 301.00 0 499.90 GARFIELD COUNTY CO SS. COUNTY OF ORANGE • DN MAY 10, 1999 BEFORE ME. ;A NICE A Auoiss, NOTARY PUBLIC. PERSONALLY APPEARED L. V_ WEISS (AKA LUIS N. `NEiss) ANO GREGORY F `NIFtZ9ICKi PERSONALLY KNOWN TO ME TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEI-IALF CF WHICH THE PE.RSCNS ACTED, XECUTED' HE 'NSTRUMENT. WITNESS my hand and official seat_ NOTARY'S SIGNATURE .� A A A A A A A A A i A ♦ JANICE A. AUDISS A (rCOMM. # 113S 45 13 IL `1 NOTARY PUBLIC • C ALIFOFiNIA 33 ORANGE COUNTY h1'j Comm. arpires Apr. 26, 2001 r OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying an the document and could prevent fraudulent removal and reattachment of this form to another document. DESCRIPTION OF ATTACHED DOCUMENT: - TITLE OR TYPE OF DOCUMENT: Warranty Deed NUMBER OF PAGES: DATE OF DOCUMENT: Mav 10, 1999 CAPACITY OF SIGNERS: General Monacan Asset Management Grouo. and Assistant Secretary .GNERS REPRESENT: Union Oil Camcianv of California SIGNER(S) OTHER THAN NAMED ABOVE: • • • JFKK-4254 •a 1 111111 11111111111111111111111111111111 111 11111 1111 1111 545331 05/12/1999 12:03P 81129 P55 tl ALSDCRF 6 of 60 R 301.00 0 499.90 GARFIELD COUNTY CO SCHEDULE 1 (Attached to and forrriing a part of the Special Warranty Deed dated as of May 11, 1999 between Union Oil Company of California and American Soda, L.L.P.) Schedules I -A through I -R list the 18 parcels by individual legal description A-1 - (6) • nummU1 IMII 111111 iI 11111 1F 111 111 11111 1111 11 111 1 1111 1111 111 _45331 05/12/1995 12:63P B1129 P56 M ALSDORF 7 of 6O R 301.30 0 499.90 G;ARFIELD COUNTY CO 4766313 A tract of land situate in the SW ''A SW A, Sec. 35, T, 6 S., Rg. 96 W. 6' P. M., described as follows: Beginning at the section comer common to Secs. 34 and 35 T. 6 S., R. 96 W. 6r8 P. M., and Secs. 2 and 3, Tp. 7 S., R 96 W. 641P. M., thence N. 00 02' W. 811 feet to the southwesterly rigth of way line of the Parachute Creek County road, thence 5. 58° 53' E. 1557 feet along said right of way line, thence S. 89° 44' W. 1333.53 feet to the point of beginning, Lots 3 and 4 and the S 'Y NW ",4 of Sec. 2, Tp. 7 S., Rg. 96 W. 66 P.M. except that part thereof lying South and West of the center line of Parachute Creek, conveyed to Maude B. Cline by deed recorded in Book 123 a page 186 of the Garfield County records, Excepting and reserving from the above described land that part thereof described as follows: A tract of land in Lot 3, Sec. 2, T. 7 S., R 96, W. 6's P.M., described as beginning at a point whence the Sec. Cor. common to Secs. 34 and 35, Tp 6 S., R. 96 W. 61h P.M. and Secs. 2 and 3, Tp. 7 S., R.. 96 W. 6* P.M., bears S. 89' 44' W. 1393.53 ft., thence N. 39° 44' E. 1273.53 ti., thence S. 4° 46' W. 741 ft., to the northeasterly right of way line of the Parachute Creek County road, thence N. 58° 53' W. 1415 f, along said right of way line to the point of beginning. SCHEDULE I -A TO SPECIAL WARRANTY DEED i IIDI 11111 111111 111111 1111 11111 111111 ID 11111 111 111 !45331 35/12/1999 12:03P 81129 P57 n ALSDORF 8 of 60 R 301.00 0 499.90 GARFIELD COUNTY CO 87664 The N Y2 SE 1/4 and that part of the S °4 SE 'A lying North of the County road, in Seaton 34, Township 6 South, Range 96 West of the 6`' Principal Meridian, except the West 40 rods thereof (also described as all of lot 7, the East 20.42 acres of lot 8 and those parts of lots 13 and 14, lying East of the West Line of the East 20.42 acres of lot 8, extended south, and North of the County Road in said Section 34). SCHEDULE I -B TO SPECIAL WARRANTY DEED • 1 11111 IIMI 111111 111111 1111 11111 111111 111 11111 iI 111 545331 05/12/1999 12:03P B1129 P58 M ALSDORF 9 of 60 R 301.00 0 499.90 GARFIELD COUNTY CO 47665 All of the SW °/ NW 1/4 and that part of lots 3 and 4 of the SE / NW'/ lying to the south and west of the center line of Parachute Creek, all in Section 2, Township 7 South, Range 96 West of the 6'b Principal Meridian. SCHEDULE LC TO SPECL&L WARRANTY DEED • • 11111111111111111111111111 1111 II1Il III 111111111111 545331 05/12/1999 12:03P 91129 P59 7 ALSDCRF 10 of 60 R 301.00 0 499.90 GARFIELD COUNTY CO 47668A A tract of Land described as follows: Beginning at the SE comer of Section 34, Tp 6 S. R. 96 W. 6d' P.M., thence N. 17 chains and 78 links, thence W. 2° N. 15 chains and 15 links, thence S. 23 chains, thence W. 40 N. 5 chains and 2I links, thence S. 15 chains and 68 links, thence E. 20 chains to the place of beginning. SCHEDULE I -D TO SPECIAL WARRANTY DEED • • 11111 11111 111111 mai 111 11111 111111 ui 111111 11111 549331 05/12/1999 12:03P 81129 P60 M ALSDORF 11 of GO R 301.00 D 499.90 GARFIELD COUNTY CO #7668 8 Lot 2 and S ''/ NE V., Section 3, Township 7 South, Range 96 W. SCHEDULE I -E TO SPECIAL WARRANTY DEED • • • 1 111111 0111 Bill hill 111113 111111 111 111111 111 AAAI 545331 05/12/1999 12:03P 31129 P61 n AL5D0RF 12 of 60 R 301.00 0 499.90 GARFIELO COUNTY CO 76a9A The Southwest quarter of the Southwest quarter (SW '% SW '/4) of Section Thirty -rive (35) Township Six (6) South, Range Ninety-six (96) W P.:sei Excepting 12.31 acres heretofore conveyed out by Document No. 170884. SCHEDULE I -F TO SPECIAL `VARRArtay DEED • 1111111 11111 111111 011111111111111011111111011! 111 545331 05/12/1999 12:03P 31129 P62 .1 PLSDARF 13 of 60 R 301.00 D 499.90 GARFIELD COUNTY CO 47669B That part of Lot 3 Section 2 Tp. 7 S., R. 96 W. 6" P.M. described as follows: to -wit beginning at a point whence the Section comer common to Sections 34 and 35 Tp. 6 S., R. 96 W. 6' P.M., and Sections 2 and 3, Tp. 7 S., R 96 W. 6" RM., bears S. 89° 44' W. 1393.53 feet; thence N. 39° 44 E. 1273.53 feet; thence S. 4° 46' W. 741 feet to the northeasterly right of way line of the Parachute Creek road, thence N. 58° 53' W. 1415 feet along said right of way line to the point of beginning. SCHEDULE I -G TO SPECIAL WARR.41.4iTY DEED • 1110 11111 111111 111111 1111 11111 111111 II 111111 0 545331 05/12/1999 12:03P 81129 PS3 t1 ALSOQRF 14 of 50 R 301.00 0 499.90 GARFIELD COUNTY CO 47671 Beginning at the northwest comer of the SE !4 SW I VI of Sec. 34, T. 6 S., R. 96 W., 6t° P.M. South 88° East 2934 feet; thence South 1529 feet; thence North 36° West 324 feet; thence North 279 feet; thence \Vest 2640 feet, thence North 1320 feet to the place of beginning. SCHEDULE X -H TO SPECIAL W; .RR.A.NTY DEED • • • 111E1 11111 nuu mai 1111 uuuunuu 111111 III mi 545331 05/12/1999 12:03P 31129 P64 M ALSOORF 15 of 60 R 301.00 0 499.20 GARFIELD COUNTY CO 476708 Lot 2 and S NE 'Y Section 2, Township 7 South, Range 96 West of the 6eh P. M. SCHEDULE 1-I TO SPECLAL WARRAPirTY DEED 11I1 IIII III1 111111111 IMi IIItI I 111 e4533. 05/12/1999 12:03P 31129 REF, ,'l AUSDORF 16 of 60 R 301.00 D 499.30 GARFIELD COUNTY CO 47630 The East l4 acres of the W '/: NW Y. SE Y. and that part of the East 20 rods of the W Yx SW' V. SE Y. lying North of the County Road, all in Section 34, Tp. 6S., R. 96 W. of the 6th P.M. • SCHEDULE I-. TO SPECIAL WARRANTY DEED anal mu olio mai nil uuuimrii miu iu ni 345331 05/12/1999 12:03P 31129 P66 ft ALSDORF 17 of 60 R 301.00 0 499.90 GARFIELD COl7NTY CO 47681 W !': E 'A NE Y. SW V. and that part of W E ''A SE Y. SW V. lying north of the County Road as now constructed and in place, all in Section 34, Township 6 South, Range 96 West of the 6th P.M SCHEDULE I -K TO SPECLA.L WARRANTY DEED IIDI 11111 111111 111111 1111 11 111111 11 11111 111 111 545331 05/12/1999 12:02P B1129 P67 i1 ALSCORF 18 of 60 R 301.00 0 499..90 GARFIELD COUNTY CO 47683 The West 10 acres of the NW '/ SE V. and that part of the West 20 rods of the SW /. SE V. lying North of the County Road and the East 10 acres of the NE V. SW 5'. and that part of the East 10 acres of the SE . SW / lying North of the County Road, all in Sec. 34, Tp. 6 S., R. 96 W. of the 6th P. 1r1. SCIIEDLJLE I -L TO SPECIAL WARRANTY DEED unm 11111 nail nail nu uiii iiini iii niuuu mi 545331 05/12/1999 12:03P 31129 P58 t1 ALSDORF 19 of 60 R 301. a0 0 499.90 Gi3RFIELD COUNTY CO 47663A A tract of land described as beginning at a point an the east and west line between the NE 'A SE 'J. and SE ''A SE 'A Section 2, T. 7 S., R. 96 W., 6e° P.M, 1148 feet west of the NE corner of said SE 'A SE 'A thence West 172 feet, thence South 479 feet, thence East 784 feet, thence N. 33° W. 373 feet, thence N. 14° 30' W. 39 feet to the center of Parachute Creek and thence up along the center of said Parachute Creek to the point of beginning. • SCaEDU E I -M 411/ TO SPECIAL WARRANTY DEED IH hill 111111 111111 111! 1111 10111 111 1111111 11111 545331 05/12/1999 12:03P 31129 P69 M ALSOORF 20 of 80 R 301.30 O 499.90 GARFIELD COUNTY CO 7675 B The SE "/ NW 1/4, the NE 'A SW "/, and that part of the SE /, SW x/. lying North of the County Road as now constructed, all in Section 34, Township 6 South, Range 96 West of the 61b' P. M. • SCHED ULE I -N TO SPECIAL WARRANTY DEED • i 11111 1110 IIIiii 111101111111111111110 111111111 111 545331 05112/1999 12:03P B1129 P70 r ALSDORF 21 of 6O R 301.00 D 499.90 GARFIELD COUNTY CO 7696 A parcel of land situate in the NE "/i SE % Section 2, Township 7 South, Range 96 West of the 6' Principal Meridian, and more particularly described as follows: Beginning at the corner common to Sections 1, 2, 11 and 12 of said Township and Range, whence the witness corner (an iron post with brass cap) of bears N. 38° 21' 31" W. 220.00 feet; thence along the line between Sections 1 and 2 of said Township and. Range N. 06° 29'20" E. 1726.79 feet to a point that intersects the southwesterly right-of-way of a railroad alignment, the true point of beginning: with all bearings contained herein being Colorado Grid Bearings (Central Zone). True bearings are obtained by rotating all bearings herein counterclockwise 01° 37' 28"; thence the following courses along said southwesterly right-of-way N. 51° 43' 07" W. 1029.95 feet; thence along the arc of a spiral curve to the right, the chord of which is N. 51° 18' 57" W. 81.05 feet; thence 299.84 feet along the arc of a 1960.08 foot radius circular curve to the right which arc subtends a chord of N 46° 08' 11" W. 299,55 feet to a point on the North line of said NE '/ SE '/4; thence along said North line N. 87° 56' 28" E. 261.36 feet to a point that intersects the southwesterly right- of -way of County Road No. 215; thence along the southwesterly right-of- way of County Road No. 215 S. 350 30' 00" E.182.05 feet; thence along the arc of a spiral curve to the right, the chord of which is 5. 34° 11' 00" E. 159.47 feet to a point that intersects the northeasterly right -of --way of said railroad alignment; thence along said northeasterly railroad right-of-way S. 51* 43' 07" E. 821.07 feet to a point that intersects said East line of the NE % SE 1, thence along said East tine S. 06° 29' 20" W. 117.65 feet to the True Point of oeginning. SCHEDULE I -O TO SPECIAL WARRANTY DEED Hill 11111 1 11111 1 11111 II 111111 111 111111! 1 ;45331 75/12/1999 _2:03P 31129 r71 M ALSOORF 22 of 60 R 301.00 0 499.90 GARFIELD COUNTY CO 477.30 A parcel of land situated in the SE 1/4, SE 1 of Section 2 and the SW1/4 SW 1/4 of Section 1, Township 7 South., Range 96 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, being more particularly described as follows: Commencing at the Southeast Corner of Section 2, a rebar found in place (whence an iron pipe and brass cap marked Witness Corner bears N.88°19'59"W. 220.05 feet); thence N. 06°29'20"E. along the easterly line of said SE 1/4 SE '/ 340.91 feet to the point of intersection of said easterly line and a fence line on the southerly side ofa lane, the True Point of Beginning• thence leaving said easterly line N.38°38'40"W. along said fence line 3.17 feet; thence along said fence S.89°38'40"W. 531.32 feet a point on the easterly line extended of Reception No. 209649 as filed in the Garfield County Clerk and Recorder's office; thence N.33°00'00"1,W. along said easterly line and easterly tine extended 390.90 feet; thence along the easterly line of said Reception N.14°30'00"W. 102.53 feet to the centerline ofParatute Creek; thence said centerline N.66°06'49'1. 143.85 feet; thence along said centerline S.76°26'48"W. 185.52 feet; thence along said centerline N.72°58'27"W. 109.46 feet; thence along said centerline N.38°14'14"W. 20.95 feet to a point on the northerly line of said SE 'I. SE % of Section 2; thence N.39°49'2.6"E. along said northerly line 1112.43 feet to a point on said northerly line at its intersection with the westerly line of the old right-of-way for County Road #215; thence along the westerly line of said old right-of-way 5.01°59'45"W. 43.55 feet; thence along the arc ofa curve to the !eta having a radius of 431.39 feet and a central angle of 26°35'58", a distance of 200.50 feet (chord bears S.11'18'19"E. 198.71 feet); thence along said westerly line S. 24°36'18"E. 150.55 feet; thence along said westerly line along the arc ofa curve to the lett, having a radius of753.60 feet and a central angle 0E08'49'34", a distance of 116.09 feet (chord bears S. 29°01'05"E. 115.98 feet); thence leaving said westerly line N.89°28'09"W. along a fence line extended on the northerly side ofa lane 52.73 feet to a point on the westerly line of the new 100.00 foot right-of-way for County Road 4'215; thence along said westerly Line along the arc ofa curve to the Iett, having a radius of 1195.92 feet and a central angle of 00°57'32" a distance of 20.01 feet (chord bears 5.36°19'25-E. 20.01 feet) to the intersection of said westerly line and a fence tine extended on the southerly side ofa lane; thence N.88°33'40"W. along said fence line and the fence line extended 25.38 feet to the True Point of Beginning. Bearings contained herein are 01°37'28" West of true North. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL: A parcel of land situated in the SE ''A SE' I. of Section 2 and the SW '✓4 SW/4 Of Section 1, Township 7 South, Range 96 West of the Sixth Principal Meridian, County ofGarfield, State of Colorado, said parcel lying entirely within the new 100.00 foot right -off -way for County Road No. 215, and being more particularly described as follows: Commencing at the Southeast Corner of said Section 2, a rebar found in place (Whence an iron 311d brass-- , feet], uiCtlCe N.07° 16'07"E. 857.94 feet to a point on the westerly line of said new 100.00 foot right-of-way for County Road No. 215, the True Point of Beinnin g; thence along said westerly line along the arc of a curve to he right, having a radius of 1195.92 feet and a central angle 0E16°25'31", a 41111 distance of 342.84 feet (chord bears N.27°37'54"W. 341.67 feet); thence along said westerly line along the arc ofa spiral curve to the right, the chord of which bears N.14°31 "33"W. 178.90 feet SCHEDULE I -P TO SPECIAL WARRANTY DEED 111111 11111 111111 111111 1111 111 III! II 1111111 111111 545331 05/12/1999 12:03P 81129 P72 M ALSDORF 23 of 60 R 301.00 01 499.90 GARFIELD COUNTY CO to a point on the northerly line of said SE' / SE ; thence leaving said westerly line N.39°49'26"E. along said northerly line 99.68 feet to a point on the westerly line of the old 60.00 foot right-of-way for said County Road; thence along sad old westerly line S.01°59'45"W. 43,55 feet; thence along said old westerly Zine along the arc of a curve to the lett, having a radius of 431.89 feet and a central angle of 26°35'5r, a distance of 200.50 feet (chord bears S.1 l°18' 19"E. 198.71 feet); thence along said old westerly line S. 24°36.18"E. 150.55 feet; thence along said old westerly line along the arc of a curve to the left, having a radius of 753.60 feet and a central angle of 08°49'34", a distance of 116.09 feet (chord bears S.29°01'05"E. 115.98 feet); thence leaving said old westerly line N_89°28'09" W. along a fence Iine extended an the northerly side of a lane 52.73 feet to the True Point of Beginning; BearinR.s contained herein are 01°37'28" West of true North. • UI IIIM 11Il1 I1II 11111 II 1111 1 El 11111 11111 545331 35/12/1999 42:03P 31129 P73 1 ALSDORF 24 of 50 R 301.00 0 499.S0 GARFIEa D COUNTY CO 47732, Township 7 South, Range 96 West, 6th P M. Section2: N'%aSE;/. and the N:! SW 1/4 EXCEPT. All that portion of the N 1/2 S '.` of Section 2 described as beginning at a point on the West line of said Section 2 whence the West `'A comer of said Section 2 bears North 690 feet; Thence South 570 feet; thence North 85° 52' East 22715 feet; thence North 87° 06' East 1273.25 feet; thence North 00° 43' East 320 feet to the center of Parachute Creek thence up the center of said creek North 410 15' West 109 feet; thence South 14° 08' West 190.6 feet; thence South 540 14' West 124,4 feet; thence South 81° 09' West 135.6 feet; thence North 61° 39' West 156.3 feet; thence South 790 51' West 97 feet; thence North 57° 49' West 233 feet; thence North 17° 36' West 134.5 feet; thence North 53° 16' West 124.4 feet; thence North 78° 41' West 87.4 feet; thence South 850 51' West 2540 feet to the place of beginning. FURTHER EXCEPTING: A strip of land to be used for roadway purposes situate in the NE 1. SE Y. of Section 2, Township 7 South, Range 96 West of the 61' Principal Meridian, being 150.00 feet in width. The above right-of-way is more particularly described as follows: Beginning at the comer common to Sections 1, 2, 11 and 12 of said Township and Range; thence N. 050 11' 20" 1332.05 feet to the intersecting point with said right-of-way and the South line of said NE 1+ SE 1.4 of Section 2, the True Point of Beginning, with all bearings contained herein being Colorado Grid Bearings (Central Zone). True Bearings are obtained by rotating all bearings herein counter -clockwise 01° 37' 23", thence along the arc ofa spiral curve to the right, the chord of which is N. I40 32" 13" W. 122.32 feet thence N. 12° 00'00" W. 350.2.1 feet; thence along the arc ofa spiral curve to the left, the chord of which is N. 13° 18' 51" W. 194.72 feet; thence 367.21 feet along the arc of a 1357.39 foot radius circular curve to the left, which arc subtends a chord bearing of N. 230 45' 00" W. 366.09 feet; thence along the arc ofa spiral curve to the left, the chord of which is N. 34° 11' 00" W. 194.74 feet; thence N. 35° 30' 00" W. 182.05 feet to the intersection point of the North line of said NE Y4 SE _/ Section 2; thence along said North line N. 870 56' 28" E. 179.76 feet; thence S. 35° 30' 00" E. 82.98 feet; thence along the arc ofa spiral curve to the right, the chord of which is 34° 09' 00" E, 205.20 feet; thence 407.79 feet along the arc ofa 1507.39 foot radius circular curve to the right which arc subtends a chord bearing of S. 23° 45' 00" E. 406.55 feet; thence along the arc ofa spiral curve to the right, the chord of which is S. 13° 20' 57" E. 205.20 feet: thence S. 12° 00' 00" E. 350.21 feet; thence along the arc ofa spiral curve to the left, the chord rw which i o i ° 27' 32" E.s s t►.,_..L r.l Y va wva�.0 ;� S. �4 L. 1�?, feet tiv.:iuu�i-vtY.3a'iu �uue.:uiC"ul LtIC NE �+ Js: T� of Section 2; thence along said South line S. 89' 48' 31" W. 154.46 feet to the True Point of Beginning. SCHEDULE I -Q TO SPECIAL WARRANTY DEED 0 EXCEPTfNG • • dull I1ID Il1ll IIIMI IIM IMII 111111 1! IIII1I 545331 05112/1999 12:03P 81129 P74 C1 ALSDORR 25 of 60 R 301.00 0 499.90 GARFIELD COUNTY CO A parcel of land situate in the NE 1/2 SE A Section 2, Township 7 South, Range 96 West of the 6`h Principal Meridian, and more particularly described as follows: Beginning at the corner common to Sections 1, 2, II and 12 of said Township and Range, whence the witness comer (an iron post with brass cap) of bears N. 380 21' 31" W. 220.00 feet; thence along the line between Sections 1 and 2 of said Township and Range N. 060 29'20" E. 1726.79 feet to a point that intersects the southwesterly right-of-way of a railroad alignment, the true point of beginning: with all bearings contained herein being Colorado Grid Bearings (Central Zone). True bearings are obtained by rotating all bearings herein counterclockwise 01° 37' 28"; thence the foltc+wing courses along said southwesterly right-of-way N. 510 43" 07"W. 1029.95 feet; thence along the arc ofa spiral curve to the right, the chord of which is N. 51° 18' 57" W. 81.05 feet; thence 299.84 feet along the arc ofa 1960.08 foot radius circular curve to the right which arc subtends a chord of N 46° 08' 1 1" W. 299.55 feet to a point on the North line of said NE '/. SE `'A; thence along said North line N. 87° 56' 28" E. 261.36 feet to a point that intersects the southwesterly right- of -way of County Road No. 215; thence along the southwesterly right-of-way of County Road No. 215 5. 35°30' 00" E.182.05 feet; thence along the arc ofa spiral curve to the right, the chord of which is S. 340 11' 00" E. 159.47 feet to a point that intersects the northeasterly right-of-way of said railroad alignment; thence along said northeasterly railroad right-of-way S. 51° 43' 07" E. 821.07 feet to a point that intersects said East Iine of the NE `'A SE '/, thence along said East line S. 06° 29' 20" W. 117.65 feet to the True Point of Beginning. • 1 I111I111111111111111111111111111111111111111111111 I111 545331 05/12/1999 12:03P 81129 P75 M ALS00RF 26 of 60 R 301.00 0 499.90 GARFIELD COUNTY CO 477328 Township 7 South. Range 96 West, 6`I P. M., Section2: S %:SW'/.and the SW Y. SE'/ Also: that portion of the SE '/ SE / described as commencing at a point on the South line of said SE / SE 1/4 whence the SE comer of said Section 2 bears East 178 feet; thence West along the South line of said SE 1/4 SE `/1 1142 feet; thence North along the West Nine of said SE '/ SE '/. 820 feet; thence East 600 feet; thence South 350 30' East 520 feet; thence South 31° 15' East 465 feet to the point of beginning. Also: that portion of the N !/z S lz of Section 2 described as beginning at a point on the West line of said Section 2 whence the West '/. corner of said Section 2 bears North 690 feet; Thence South 570 feet; thence North 85° 52' East 2273.5 feet; thence North 87° 06' East 1273.25 feet; thence North 00° 43' East 320 feet to the center of Parachute Creek thence up the center of said creek North 41° 15' West 109 feet; thence South 14° 08' West 190.6 feet; thence South 540 14' West 124.4 feet; thence South 81° 09' West 135.6 feet; thence North 61° 39' West 156.3 feet; thence South 790 51' West 97 feet; thence North 570 49' West 233 feet; thence North 170 36' West 134.5 feet; thence North 530 16' West 124.4 feet; thence North 78° 41' West 37.4 feet; thence South 350 51' West 2540 feet to the place of beginning. SCHEDULE I -R TO SPECIAL WARRA TY DEED • i uui IFIJ 111111 111111 JID III1 111111 11 111111 1 111 545331 05/12/1999 12:03P 31129 P76 11 RLSOOR'F 27 of 50 R 301.00 0 499.90 GARFIELD COUNTY CO SCHEDULE 11 (Attached to and forming a part of the Special Warranty Deed dated as of May 11, 1999 between Union Oil Company of California and American Soda, L.L.P.) Permitted Exceptions The standard preprinted exceptions set forth in the Commitments; 2, All matters which would be disclosed by a survey of the Real Estate prepared as of the date hereof, whether or not Buyer has obtained such a survey; 3. The trespass of a pipeline owned by Colorado Interstate Gas Company onto various portions of the Real Estate and the Pipeline Subeasement with respect to which Seller will participate with Buyer in a procedure Seller and other service corrdior owners are formalizing with Colorado Interstate Gas to allow when to address that trespass; 4. All licenses and easements that Seller is required to grant or convey pursuant to the terms of the oil and gas leases and Ietter agreement, dated October 16, 1986, November 27, 1989, February 1, 1990, and November 30, 1995, between Seller and Barrett Resources Corporation or which may be needed for access by Barrett Resources Corporation to any other wells operated by Barrett Resources Corporation. X"FKK-41342.1 A-1 - (7) • ^ r•s :4 I r N SCHEDULE 3 ;action EXCEPTIONS Order No. 500307 -C2 The policy ar policies to be issued will contain exceptions to the following natters unless the same are disposed of to the satisfaction of the Company: Ariy loss or damage. including attorney fees, by reason of the matters shown below: 1. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 2. Easements or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any other facts which a correct survey would disclose and which are not shown by the public records. 4. Any lien, or right to a lien for services, labor ar material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. • Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district. 7. Right of the Proprietor of a vein or Lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded January 13, 1896, in Book 12 at Page 393, April 25, 1896, in Book 12 at Page 419, August 22, 1899, in Book 12 at Page 525, December 23, 1899, in Book 12 at Page 531, September 15, 1905, in Book 56 at Page 527, June 12, 1913,.in Book 71 at Page 593, October 26, 1976, in Book 489 at Page 634, October 26, 1976, in Book 489 at Page 635. 8. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded January 13, 1996, in Book 12 at 393, April 25, 1896, in Book 12 at Page 419, August 22, 1899, in Book 12 at Page 525, December 23, 1899, in Book 12 at Page 531, September 15, 1905, in Book 56 at Page 527, June 12, 1913, iri Book 71 at Page 593, April 15, 1914, in Book 92 at Page 330, October 26, 1976, in Book 489 at Page 634, October 26, 1976, in Book 489 at Page 635. 9. Right of way for canal purposes as granted by Philip Dere to Sadie D. Streit by Deed recorded June 11, 1895, in Book 32 at Page 172. •'T AMERICAN TITLE INSURANCE COMPANY i 111111 mil ItlJf mill 111111111111111111 lililil 111111 545331 05/12/1999 12:03P 01129 P77 11 RLSDORF 28 of 60 R 301.00 D 499.90 GARFIELD COUNTY CO EXCEPTIONS (continued) Order No. 500307 -C2 • Right of way for lateral ditch purposes as granted dy William R. Cornell to John F. Morgan by instrument recorded March 3, 1895, in Book 35 at Page 367. 11. Right of way for ditch purposes as granted by John F. Morgan to William R. Willcox by Deed recorded April 10, 1902, in Book 55 at Page 374. 12. An undivided one-half (1/2) interest in all minerals and oils as reserved by Emily Davenport in the Deed to William Henry Davis and Angie M. Radford recorded march 12, 1904, iri Book 61 at Page 438, and any and all assignments thereof or iterests therein. 13. An undivided one-half (1/21 11 rest in all minerals and oils as reserved by Angie M. Radford in the Deed to William Henry Davis recorded December 13, 1904, in Book 64 at Page 55. 14. Right of way for ditch purposes as granted by Chrles M. White to Abraham L. Crawford by Deed recorded December 17, 1908, in Book 75 at Page 411.. 15. Right of way far the Daisy Ditch as reserved by Frank Worthen Popple in the Deed to L.L. Crawford recorded April 10, 1912, in Book 88 at Page 205. 16. Right of way for the Willcox Canal as granted by The Willcox Canal Company to The Grand Valley Irrigation District by Deed recorded July 24, 1912, in Book 80 at Page 565. 1110 Right of way for road and ditch purposes reserved by Frank Worthen Popple in the Deed to Hary G. Koch recorded May 8, 1913, in Book 88 at Page 620. 1.8. Right of way of the Grand Valley irrigation District as excepted in the Deed to Benjamin R. Kobey recorded June 14, 1913, in Book 93 at Page 17. 19. Right of way for ditch purposes and road purposes as granted by Maud A. Cline f/k/a Maud A. Bailey to H.R. Kobey by Deed recorded June 24, 1913, in Book 93 at Page 30. 20. Right of way for ditch purposes as granted by Frank Worthen Popple to The Trader's Land and Loan Company by Deed recorded July 31, 1914, in Book 93 at Page 396. 21. An undivided one-half (I/2) interest in all oil, gas and ether mineral rights, as reserved by The Federal Land Bank of Wichita in the Deed to M.E. Letson recorded April 4, 1941, in. Book 201 at Page 130, and any and all assignments thereof or interests therein. (Continued) nhiiiriiiu 111111 ii 4i ll i11J11 I11 ilii1(Au1 545331 05/12/1999 12:03P 81129 P78 M RLSDORF 29 of GO R 301.00 D 499.90 GARFIELD COUNTY CO 4111R5T AMERICAN TITLE INSURANCE COMPANY • EXCEPTIONS (continued) Order No.. 500307 -C2 Easement and right of way to construct, maintain and use one frog to the railroad spur to be constructed, as reserved by Alber Family Co., a general partnership in the Deed to Union Oil Company of California, recorded January 29. 1982. in Book 591 at Page 941. 32. Easement and right of way to construct, operate and miantain utility lines and all fixtures and devices, as granted by Union Oil Company of California to Public Service Company of Colorado by instrument recorded March 22. 1982, in Book 595 at. Page 231. 33. Terms, agreements, provisions, conditions and obligations as contained in Memorandum of agreement between Atlantic Richfiled Company, a California corporation, Chevron Shale Cil Company, a California corporation, Eaton Shale Company, a Colorado corporation, Exxon Corporation. a New Jersey corporation, Mobil Oil Corporation, a New York corporation, The Oil Shale Corporation, a Delaware corporation, Exxon Company, U.S.A. and Union Oil Company of California, a California corporation recorded August 22, 1983, in Book 633 at Pages 461 through 484, inclusive, and the Assignment and Assumption Agreement attached thereto in Book 633 at Pages 485 through 488, inclusive, and the Grant of Easement and Agreement Creating Restrictive Covenant attached thereto as Exhibit 1 in Book 633 at Pages 489 through 518, inclusive, the Grant of Easement and Agreement Creating Restrictive Covenant attached thereto as Exhibit 2 in Book 633 at Pages 519 through 546, inclusive, the Grant of Easement and Agreement Creating Restrictive Covenant attached thereto as Exhibit 3 in Book 533 at Pages 547 through 582, inclusive, the Grant of Easement and Agreement Creating Restrictive • Covenant attached thereto as Exhibit 4 in Book 633 at Pages 583 through 612, inclusive, the Grant of Easement and Agreement Creating Restrictive Covenant attached thereto as Exhibit 5 in Book 633 at Pages 613 through 645, inclusive, as amended by instruments recorded February 10, 1989, in Book 748 at Page 863, October 10, 1996, in Book 995 at Pages 740, 749, 757, 765 and 773 and January 5, 1998, in Book 1049 at Page 130. 34. Resolution No. 84-67 by the Board of County Commissioners for Garfield County recorded April 10, 1984, in Book 647 at Page 614. 35. Resolution No. 84-193 by the Board of County Commissioners for Garfield. County recorded August 28, 1984, in Book 655 at Page 388. 36. Resolution No. 84-208 by the Board of County Commissioners for Garfield County recorded October 1, 1984, in Book 657 at Page 610. 37. Resolution No. 84-224 by the Board of County Commissioners for Garfield County recorded October 1.7, 1984, in Book 658 at Page 680. (Cont.nued} J �u,:t �: �•u��� i111111111111-11111Itfl1[IlIliri 1111 1111'1 hill! 111 111 Il 11111 ii 545331 05/12/1999 12:03P e1129 P79 M ALSDORF 30 of 60 R 301.00 D 499.90 GARFIELD COUNTY CO •ST AMERICAN TITLE INSURANCE COMPANY EXCEPTIONS (continued) Order No. 500307 -C2 •undivided ore -half (1/2) interest in all oil, gas and other mineral rights. as reserved by James L. McBraom in the Deed to Charles E. Ogden recorded June 7, 1948, in Boob 236 at Page 158, and any and all assignments thereof or interests therein. An undivided one-half (1/2) interest in all ail, petroleum and other mineral rights, as reserved by LeMont Robertson and Florence M. Robertson in the Deed to Theodore R. McQuiscan and Nita C. McQuiston recorded January 21, 1952, in Book 262 at Page 571, and any and all assignments thereof or interests therein. Easement and richt of way for electric transmission lines purposes, as granted by Carl H. Alber and Edna Alber to Public Service CO. of Colorado by instrument recorded September 2, 1955, in Book 287 at Page 199. An undivided one-fourth (1/4) interest in all oil, gas and other mineral rights, as reserved by Charles E. Ogden a/k/a Charles Ogden in the Deed to L.L. Tuck recorded August 20, 1956, in Book 294 at Page 590, and any and all assignments thereof or interests therein. An undivided one-half (1/2) interest in all oil, gas and other mineral rights, as reserved by Reuben W. Nelson and Leila M. Nelson in the Deed co L.L. Tuck recorded August 27, 1956, in Bcok 295 at Page 40, and any and all assignments thereof or interests therein. An undivided one -forth (1/4) interest in all oil, gas and other mineral rights, 411 eserved by Minnie Viola Walters in the Deed to L.L. Tuck recorded January 15, , in Bcok 314 at Page 402, and any and all assignments thereof or interests therein. An undivided one-fourth (1/4) interest in all oil, gas and other mineral rights, as reserved by Emma Stanton in the Deed to L.L. Tuck recorded March 7, 1959, in Book 315 at Page 521, and any and all assignments thereof or interests therein. An undivided one-half (1/2) interest in all oil, gas and other mineral rights, as reserved by Dorothy Payton, Dale Payton, Lily Womak, Norman Payton, Wayne Payton and Warren Payton in the Deed to Dorothy Payton recorded June 18, 1973, in Book 446 at Page 48, and any and all assignments thereof or interests therein. Those terms, agreements, provisions, conditions and obligations which are a burden to subject property as contained in. Rail Spur Easement recorded September 14, 1981, in Book 581 at. Page 210. ntinued) 1111111111111111111111111111111111l11111111111111111111 mam,11 05/12/*" -__2:03? BlIZZ-7=q1 NLSDORF 31 of 60 R 301.00 D 499.90 GARFIELD COUNTY CO ST Rii, ICAN TITLE INSURANCE COMPANY EXCEPTIONS (continued) Order No. 500307 -C2 - Resolution No. 35-01 by the Board of County Commissioners dor Garf_e1d County recorded January 7, 1985, in Book 662 at Page 466. 39. Resolution No. 85-76 by the Board of County Commissioners for Garfield County recoreded May 15. 1985, in Book 668 at Page 516. Lessor(s), and Parachute Clean Fuels, L.P., a Colorado limited partnership, Lessee(s), as evidenced by Memorandum of Lease recorded June 12, 1992. in 833 at Page 946. ,‘ Service Corridor Agreement between Union Oil Company of Calif ia, a California corporation and Parachute Clean Fuels, L.P., a Colorado 1' ted partnership recorded June 12, 1992, in Book 833 at Page 953. Electrical Line and Facilities Agreement be a California corporation and Parachute Cie partnership recorded June 12, 1992, Water Agreement between Union and Parachute Clean Fuels, 1992, in Book 833 at P - 978. k 41 9._ nvironmental Monitoring Station Agreement between Union Oil Company of California, a California corporation and Parachute Clean Fuels, L.P., a Colorado ee Union Oil Company of California, Fuels, L.P., a Colorado limited in -.ok 833 at Page 967. Company of California, a California corporation a Colorado limited partnership recorded June 12, Railroad Acces •greemer.t between Union Oil Company of California, a California corporatior nd Parachute Clean Fuels, L.P., a Colorado limited partnership record- uune 12, 1992, in Book 833 at Page 988. 46. Easement and right of way for natural gas pipeline purposes, as granted by Union Oil Company of California, a California corporation to Colorado Interstate Gas Company, a Delaware corporation by instrument recorded August 19, 1996, in Book 989 at Page 294. 47. Lease and Option Agreement between Union Oil Company of California, a California corporation, Lessor, and Colorado Interstate Gas Company, a Delaware corporation, Lessee, recorded September 6, 1996, in Book 991 at Page 116, as amended by instrument recorded May 19, 1997, in Book 1018 at Page 988 and Partial Assignment of Lease and Lease Amendment recorded June 22, 1998, in Book 1073 at Page 908 and October 22, 1998, in Book 1094 at Page 123. (Continued) I1IIILII1ILIIIIII 111111ii 1X1 111J1 HHUIi tl[i 1 545331 05/12/1999 12:03P 81129 P81 M ALSDORF 32 of 60 R 301.00 0 499.90 GARFIELD COUNTY CO IlirsT AMERICAN TITLE INSURANCE COMPANY EXCEPTIONS (continued) Order No. 500307 -C2 •cerlse for ingress and egress purposes, as granted by Union Oil Company of California, d/b/a UNOCAL, a California corporation to Barrett Resource Corporation, a Colorado corporation by instrument recorded December 30. 1996. in Book 1004 ac nage 752. License for ingress and egress purposes, as granted by Union Oil Company of California, d/b/a UNOCAL, a California corporation to Barrett Resource Corporation, a Colorado corporation by instrument recorded December 30, 1996, in Book 1004 at Page 769. License for ingress and egress purposes, as granted by Union Oil Company of California, d/b/a UNOCAL, a California corporation to Barrett Resource Corporation, a Colorado corporation by instrument recorded December 30, 1996, in Book 1004 at Page 786. License for ingress and egress purposes, as granted by Union Oil Company of California, d/b/a UNOCAL, a California corporation to Barrett Resource Corporation, a Colorado corporation by instrument recorded December 30, 1996, in Book 1004 at Page 803. License for ingress and egress purposes, as granted by Union Oil Company of California, d/b/a UNOCAL, a California corporation to Barrett Resource Company, a Colorado corporation by instrument recorded December 30, 1996, in Book 1004 at Page 849. iiialine Easement and Usage Right Agreement between Union Oil Company of ifornia, a California corporation, Rulison Gas Company, L.L.C., a Colorado limited liability company and wildhorse Energy Partners, L.L.C., a Delaware limited liability company recorded May 5, 1997, in Book 1017 at Page 653 and re-recorded February 2, 1998, in Book 1052 at Page 821. Easement and right of way for natural gas pipeline purposes, as granted by Union Oil Company of California, a California corporation to Rulison Gas Company L.L.C., a Colorado limited liability company and Wildhorse Energy Partners, L.L.C., a Delaware limited liability company by instrument recorded June 20, 1997, in Book 1023 at Page 70X. Easement and right of way for natural gas pipeline purposes, as granted by Union Oil Company of California, a California corporation to Barrett Resources Corporation, a Colorado corporation by instrument recorded October 9, 1997, in Book 1037 at Page 499. ontinued) 111111 11111 1E111 Mill 11111 1113 1111111111111111111111 545331 05/12/1999 12:03P B1129 P82 11 ALSCORF 33 of 60 R 301.00 D 499.90 GARFIELD COUNTY CO 1ST RICAN TITLE INSURANCE COMPANY • EXCEPTIONS continued) Order Pio. 300307 -C2 Easement and right of .gay for natural gas pipeline purposes, as granted by Union Oil Company of California, a California corporation to Barrett Resources Corporation, a Colorado corporation by instrument recorded October 9, 1997, in Book 1037 at Page 553. 57. Easement and right of way for natural gas pipelines purposes, as granted by Union Oil Company of California, a California corporation to Barrett Resources Corporation, a Colorado corporation by instrument recorded October 9, 1997, in Book 1037 at Page 563. 58. Easement and right of way for natural gas pipeline purposes, as granted by Union Oil Company of California, a California corporation to Barrett Resources Corporation, a Colorado corporation by instrument recorded October 9, 1997, in. Book 1037 at Page 584. 59. License for ingress, egress and well construction and operation purposes, as granted by Union Oil Company of California, d/b/a UNOCAL, a California corporation to Barrett Resources Corporation. a Colorado corporation by instrument recorded October 9, 1997, in. Book 1037 at Page 595. 60. License for ingress, egress and well construction and operation purposes, as granted by Union Oil Company of California, d/b/a UNOCAL, a California corporation to Barrett Resources Corporation, a Colorado corporation by instrument recorded October 9, 1997, in Book 1037 at Page 609. • License for ingress, egress and well construction and operation purposes, as granted by Union Oil Company of California, d/b/a UNOCAL, a California corporation to Barrett. Resources Corporation, a Colorado corporation by instrument recorded October 9. 1997, in Book 1037 at Pace 622. 62. License for ingress, egress and well construction and operation purposes, as granted by Union Oil Company of California, d/b/a UNOCAL, a California corporation to Barrett Resources Corporation, a Colorado corporation by instrument recorded October 9, 1997, in Book 1037 at Page 715. 63. License for ingress, egress and well construction and operation purposes, as granted by Union Oil Company of California, d/b/a UNOCAL, a California corporation to Barrett Resources Corporation, a Colorado corporation by instrument recorded October 9, 1997, in Book 1037 at Page 724. (Continued) 11111[1 11111 111111111111 111! 11111 111111 lit 1111111111111 545331 05/12/1999 12:03P 31129 P83 11 RLSDCRF 34 of 60 R 301.00 D 499.90 GARFIELD COUNTY CO flpfRST AMERICAN TITLE INSURANCE COMPANY EXC2PTIONS (continued) Order No. 500307 -C2 • ense for ingress and egress purposes, as granted by Union Oil Company of California, d/b/a UNOCAL. a California corporation to Barrett Resource Corporation, a Colorado corporation by instrument recorded October 9, 1997, in Book 1037 at ?age 830. License for ingress and egress purposes, as granted by Union Oil Company of California, d/b/a UNOCAL, a California corporation to Barrett Resource Corporation, a Colorado corporation by instrument recorded October 9, 1997, in Book 1037 at Page 845. License for ingress and egress purposes, as granted by Union Oil. Company of California, d/b/a UNOCAL, a California corporation to Barrett Resource Corporation, a Colorado corporation by instrument recorded October 9, 1997. in Book 1037 at Page 860. License for ingress and egress purposes, as granted by Onion Oil Company of California, d/b/a UNOCAL, a California corporaCion to Barrett Resource Corporation, a Colorado corporation by instrument recorded October 9, 1997, in Book 1037 at Page 878. License for ingress and egress purposes, as granted by Union Oil Company of California, d/b/a UNOCAL, a California corporation to Barrett Resource Corporation, a Colorado corporation by instrument recorded October 9, 1997, in Book 1037 at Page 893. .nse for ingress and egress purposes, as granted by Union Oil Company of fornia, d/b/a UNOCAL, a California corporation to Barrett Resource Corporation, a Colorado corporation by instrument recorded October 9, 1997, in Book 1037 at Page 908. License for ingress and egress purposes, as granted by Union Oil Company of California. d/b/a UNOCAL, a California corporation to Barrett Rersource Corporation, a Colorado corporation by instrument recorded October 9, 1997, in Book 1037 at Page 92.4. License for ingress, egress and well construction and operation purposes, as granted by Union Oil Company of California, d/b/a UNOCAL, a California corporation to Barrett Resources Corporation, a Colorado corporation by instrument recorded November 17, 1997, in Book 1042 at Page 601, atinued) Iliiiiiiiiiii11111111111111111111111111111111111111111111 545331 05/12/1999 12:03P 81129 P84 11 fLSDORF T ICAN TITLE INSURANCE COMPANY EXCEPTIONS (contnued) Order No- 500307 -C2 Easement and right of way for natural gas pipeline purposes. as granted by Union Oil Company of California, a California corporation to Barrett Resources Corporation, a Colorado corporation by instrument recorded November 26, 1997, in Book 1043 at Page 373. 73. Easement and right of way for natural gas pipeline purposes, as granted by Union Oil Company of California, a California corporation co Barrett Resources Corporation, a Colorado corporation by instrument recorded November 26. 1997, in Book 1043 at Page 895. 74. Easement and right of way for natural gas pipeline purposes, as granted by Union Oil Company of California, a California corporation to Barrett Resources Corporation,, a Colorado corporation by instrument recorded November 26, 1997, in Book 1043 at Page 916. 75. Easement and right of way for natural gas pipeline purposes, as granted by Union Oil Company of California, a California corporation to Barrett Resources Corporation, a Colorado corporation by instrument recorded November 26, 1997, in Book 1043 at Page 937. 76. Easement and right of way for natural gas pipeline purposes, as granted by Union Oil Company of California, a California corporation to Barrett Resources Corporation. a Colorado corporation by instrument recorded November 26, 1997, in Book 1043 at Page 958. • Easement and right of way for natural gas pipeline purposes, as granted by Union Oil Company of California, a California corporation to Southeast Piceance Joint Venture by instrument recorded January 5, 1993, in Book 1049 at Page 69. 78. Easement and right of way for natural gas pipeline purposes, as granted by Unio Oil Company of California, a California corporation to Rulison Gas Company L.L.C., a Colorado limited liability company and Wildhorse Energy Partners, L.L.C., a Delaware limited liability company by instrument recorded February 9, 1998, in Book 1052 at Page 847. 79. Easement and right of way for natural gas pipeline purposes, as granted by Union Oil Company of California, a California corporation to Barrett Resources Corporation, a Colorado corporation by instrument recorded March 16, 1998, in Book 1057 at Page 794. (Continued) I II IIII !!M HlII IIEll IIII Ill1 Ill11I X111111111111111 R8111 +rllli RR111 ■841 11118 Clime. 545331 05/12/1999 12:03P B1129 P85 M ALSOORE 36 of 80 R 301.00 D 499.90 GARFIELD COUNTY CO 41011ST AMERICAN TITLE INSURANCE COMPANY EXCEPTIONS [continued) Order No. 500307 -C2 Illtasement and right of way for natural gas pipeline purposes. as granted by Union Oil Company of California, a California corporation to Barrett Resoureees Corporation, a Colorado corporation by instrument recorded March 16, 1998, in Book 1057 at Page 807. Easement and right of way for natural gas pipeline purposes, as granted by Union Oil Company_of California, a California corporation to Barrett Resources Corporation, a Colorado corporation by instrument recorded APril 29, 1998, in Book 1064 at Page 989. Easement and right of way for natural gas pipeline purposes, as granted by Union Oil Company of California, a California corporation to Barrett Resources Corporation, a Colorado corporation by instrument recorded April 29, 1998, in Book 1065 at Page 1. License for ingress and egress purposes, as granted by Union Oil Company of California, d/b/a UNOCAL, a California corporation to Barrett Resources Corporation, a Colorado corporation by instrument recorded April 29, 1998, in Book 1065 at Page 14. License for ingress, egress and well construction and operation purposes, as granted by Union Oil Company of California, d/b/a UNOCAL, a California corporation to Barrett Resources Corporation, a Colorado corporation by instrument recorded June 18, 1998, in Book 1073 at Page 440. cense for ingress, egress and well construction and operation purposes, as ranted by Union Oil Company of California, d/b/a UNOCAL, a Californiaa corporation to Barrett Resources Corporation, a Colorado corporation by instrument recorded June 18, 1998, in Book 1073 at Page 448. 6. Declaration of Pooling and Pooling Agreement recorded September 14, 1988, in Book 1088 at Page 403 and January 19, 1999, in Book 1109 at Page 728. 7. License for ingress, egress and well construction and operation purposes, as granted by 'Union Oil Company of California, d/b/a UNOCAL, a California corporation to Barrett Resources Corporation, a Colorado corporation by instrument recorded October 5, 1998, in Book 1091 at Page 681. 1. License for ingress, egress and well construction and operation purposes, as granted by Union Oil Company of California, d/b/a UNOCAL, a California corporation to Barrett Resources Corporation, a Colorado corporation by instrument recorded January 19, 1999, in Book 1109 at Page 638. Continued) !l ll1I II1MM 11111111 545331 05/12/1999 12:03P 81129 P86 M ALSDORF 37 of 60 R 301.00 D 499.90 GARFIELD COUNTY CO IRS4WERICAN TITLE INSURANCE COMPANY EXCEPTIONS (cont.tnued) Order No. 500307 -C3 License for ingress and egress purposes, as granted by Union Oil Company of California, d/b/a UNOCAL, a California corporation to Barrett Resources Corporation, a Colorado corporation by instrument recorded January 19, 1999, in Book 1109 at Page 653. 90. License for ingress, egress and well coscruction and operation purposes, as granted by [anion Oil Company of California, d/b/a UNCOAL, a California corporation to Barrett Resources Corporation, a Colorado corporation by instrument recorded January 19, 1999, in Book 1109 at Page 663. 91. License for ingress and egress purposes. as granted by Union Oil Company of California, d/b/a UNOCAL, a California corporation to Barrett Resource Corporation, a Colorado corporation by instrument recorded. February 11, 1999, in Book 1114 at Page 308. 92. License for ingress and egress purposes, as granted by Union Oil Company of California, d/b/a UNOCAL, a California corporation to Barrett Resource Corporation, a Colorado corporation by instrument recorded February 11, 1999, in Book 1114 at Page 324. 93. License for ingress and egress purposes, as granted by Union Oil Company of California, d/b/a UNOCAL, a California corporation to Barrett Resource Corporation, a Colorado corporation by instrument recorded February 11, 1999, in Book 1114 at Page 340. License far ingress and egress purposes, as granted by Union Oil Company of California, d/b/a UNOCAL, a California corporation to Barrett Resource Corporation, a Colorado corporation by instrument recorded February 11, 1999, in Book 1114 at Page 355. i5. License for ingress and egress purposes, as granted by Union Oil Company of California, d/b/a UNOCAL, a California corporation to Barrett Resource Corporation, a Colorado corporation by instrument recorded February 11, 1999, in Book 1114 at Page 370. (Continued) 1 111111111[11111111111111111111111111111111111111111111 45331 05/12/1999 12:03P 81129 P87 N ALSDORF 38 of SO R 301.00 D 499.90 GARFIELD COUNTY CO AMERICAN TITLE INSURANCE COMPANY EXCEPTIOUs (cont»nued) Order No. 500307 Oil and gas leases recorded January 20, 1959, in Book 314 at Page 473, January 20, 1959, in Book 314 at Page 493, October 11. 1962, in Book 344 at Page 499, April 3, 1963, in Book 348 at Page 216, April 3, 1963, in Book 348 at Page 218. January 17, 1964, in Book 355 at Page 316, April 5, 1968, in Book 393 at Page 251, December 6, 1968, in Book 398 at Page 239, as amended by instrument recorded April 1. 1969. in Bok 400 at Page 522, February 3. 1969. in Book 399 at Page 236, February 27, 1969, in Book 400 at Page 44, December 20. 1971, in Baok 425 at Page 419, September 11, 1972. in Book 435 at Page 198, June 16, 1977, in Book 497 at Page 443, June 16, 1977, in Bok 497 at Page 446, October 25, 1979. in Book 538 at Page 381, February 7. 1980. in Book 543 at Page 400, February 7, 1980, in Book 543 at Page 41.0, March 4, 1980, in Book 544 at Page 643, October 13, 1981. in Book 583 at Page 200, October 27, 1986. in Boak 697 at Page 809, December 21. 1989, in Book 769 at Page 484, January 8, 1990, in Book 770 at Page 681, March 28, 1990. in Book 775 at Page 402, April 6, 1990, in Book 776 at Page 114, July 26, 1996, in Book 986 at Page 825, and any and all assignments thereof or interests therein. 97. Ditches and ditch rights and the enlargements and extensions thereof, and all laterals, flumes and headgates used in connection therewith. umii mil niiii mm uu lull 111111 iii Ii! ini 11! 545331 05/12/1999 12:03P 61129 P88 1 RLSOORF 39 of 60 R 301,00 0 499.90 GARFIELD COUNTY CO 4110W AMERICAN TITLE INSURANCE COMPANY • C C M x : Y E :i SiCNEL`ULE Section 2 EXCEPTinuS Order :to. 500307b -C3 The policy or policies to be issued will contain exceptions to the following utters unless the sane are disposed of to the satisfaction of the Company: Any loss or damage. including attorney fees. by reason of the matters shown below: 1. Any facts, rights. interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by ,raking inquiry of persons in possession thereof. 2. Easements or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any other facts which a correct survey mould disclose and which are not shown by the public records. 4. Any lien, or right to a lien for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Detects, liens, encumbrances, adverse claims or other matters, if any, created. first appearing in the public records or attaching subsequent to the effective da, hereof, but prior to the dace the proposed insured acquirs of record for value the estate or interest or mortgage thereon covered by this Commitment. ITaxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district. The Following Exceptions Affect Parcel C-1: 7. Right of the Proprietor of a Vein ar Lode to extract and remove his ore therefrom. should the same be found to penetrate or intersect the premises hereby granted, as reserved in United States Patent recorded December 22, 1392, in Book 12 at Page 199; January 20, 1903, in Book 56 at Page 471; September 15, 1905. in Book 55 at Page 527; October 2, 1909, in Book 73 at Page 24; November 16, 1912, in Book 71 at Page 573; December 26, 1912, in Book 71 at Page 584; November 19, 1914, in Book 71 at Page 636; March 11, 1919, in Book 71 at Page 619; December 13, 1919, in Book 71 at Page 624; December 30, 1924, in Book 112 at Page 423 and October 26, 1976. in Book 489 at Page 636. B. Right of way for ditches or canals constructed by the authority of the united States, as reserved in United States Patent recorded Dece=mber 22, 1892, in Book 12 at Page 199; -January 20, 1903, in Book 56 at Page 471; October 2, 1909, in Book 73 at Page 24; November 16, 1912. in Book 71 at Page 573; December 26, 1912. in Soak 71 at Page 584; March 11. 1919, in Book 71 at Page 619; December 18, 1919, in Book. 71 at Page 624; October 26, 1976, in Book 489 at Page 636 and December 30. 1924, -in _Prink 11.2 at Page. 423 (Continued) 410/AMERICAN TITLE INSURANCE COMPANY 1111111 IN WI 111HE 11111 111111111111111111 1111 545331 05/12/1999 12:03P 81129 P89 fl RLSDORF 40 of 60 R 301.00 D 499.90 GARFIELD COUNTY CO nn•or crrrl,fylCf] zXCZPT"IONS (contJ•nued) Order No. 500307b -C3 Seservacjon of all oil. gas, shale or other rock valuable as a source of Petroleum and :itrogen and the right co prospect, mine and remove such deposits from the same upon compliance with the conditions and subject to provisions and limitations of the Act of July 17, 1914 (38 Stat. 509) as contained in United States Patent recorded October 14, 1933. in Book 172 ac Page 538. 0. Right of way of the Grand valley Irrigation District as expected in the Deed co Benjamin R'' Kobey recorded June 14, 1913, in Book 93 at Page 17. 1. Right of way for County Road as described in. Warranty need by T.B. Crawford to the County of Garfield recorded September 22, 1902, in Book 55 at Page 496. 2. Right of Privilege to change Irrigation Ditches as described in Warranty Deed from Samuel A. Shank and Minnie M. Shank to George E. Xorlee recorded September 16, 1922, in Book 125 at Page 490. Right of way for Irrigation Ditch as described in Public Trustees Deed recorded November 19, 1924, in. Book 107 at Page 421. i. Ditch right of way recorded in Book 110 at Page 423. 5. Terms and conditions of Agreement recorded March 8, 1921, in Book 130 1t Lag. - 296. 5. Agreement between Rea L. Eaton an dUnicn Oil Company recorded December 17. 1923, Book 143 at Page 7. Terms and conditions of Agreement recorded December 31, 1929, in Book 1C0 at saga 359. Easement and right of way for road pu roses, as granted by Jacqueline Cox and A.E. Wiseman to various parties by instrument recorded January 9. 1930, in Bc: 171 at Page 42. Right of way 50 feet in width, being a Right of way for the Low Cost Ditch es described in Warranty Deed from. Jaccueline Cox and A.E. Wiseman to Daniel W. Webster recorded January 9, 1930, in Book 171 at Page 46. Ditch Right of Way as described in Warranty Deed recorded January 11, 1930, in 'Book 171 at Page 49. Tight of way for road as described in. Warranty Deed between Blanche Sandstrom and Robert Davidson recorded September 29, 1944, in Book 214 at Page 279. Continued) 1111111 IDI 111111' 111! Biel 11111 1 Hill 11 11 545331 05/12/1999 12:03P 81129 P90 N ALSDORF 41 of 50 R 301.00 0 499.90 GARFIELD COUNTY CO Tgs fERICAN TITLE INSURANCE COMPANY EXCPrrONS (continued) Order no. 500307b -C3 • Right of Free ingress and egress co maintain and repair an irrigation ditch as described in Warranty Ded from Chas W_ Wilson to Beryl D. Minor recorded March 10. 1951, in Book 257 at Page 500. 23. An undivided one-half (1/2) interest in all oil. gas and other mineral rights, as reserved by Lemons Robertson and Florence M. Robertson in the Deed co Theodore R. McQuiston and Nita C. McQuiston recorded January 21. 1952, in Book 262 at Page 572, and any and all assigrutsenCs thereof or inCerests therein. 24. An undivided one -forth (1/4) interest in all oil. gas and ocher mineral rights, as reserved by Theodore R. McQuiston and Nita C. McQuiston in the Deed co William P. Morris and Helena K. Morris recorded April 4, 1955, in Book 283 at Page 113, and any and all assignments thereof or interests therein. 25. Rights of way and easements as granted to Public Service Company of Colorado recorded August 23. 1955, in Book 287 at Page 26 through 30, inclusive. 26. Mineral Reservations, ficceptions and Easements as contained in Warranty Deed recorded February 11, 1957, in Bock 297 at Page 458. 27. Livestock Driveway Reservation as described in Deed between Rea L. Eaton and the Eaton Shale Company recorded December 31, 1953, in Book 274 at Page :52. 28. An undivided one-half (1/2) interest in all oil, gas and other mineral rights, as reserved by Robert Davidson in the Deed to D.L.Tuck recorded August 27, 1956, in Book 295 at Page 4:., and any and all assignments thereof or interests therein. 2. Right of way grant to Union Oil Company recorded May 24, 1958. in. Book 309 at Page 27. 30. Map of the Dow Pumping Bart and Pipeline recorded August 25, 1955, at Reception Nos. 191064, 191065 and 191066. 31. Map of East Elk Roan Plateau Pipeline recorded ac Reception No. 240913. 32. Agreement regarding clarification of mineral rights reserved recorded March 1, 1963, in Book 347 at Page 382. 33. Right of ingress and egress to prospect for mine and remove minerals as described. in Warranty Deed recorded March 19, 1963, in Book 347 at Page 561. 34. Right to use Lanes No. 1 and 2 being 20 feet in width for irrigation as described in Deed recorded November 30, 1954, in Book 281 at Page 161. (Continued) Filli AMERICAN "TITLE /NSURA&CE COMPANY 11111111111111011111111111111111 10111 111 11111! X111111 545331 05/12/1999 12:03P 81129 P91 M ALSDORF 42 of 60 p 301.00 0 499.9'0 GARFIELD COUNTY CO EXCEPTIONS (continued) Order No. 500307b -C3 Tex. conditions, provisions and obligations of exchange of Special warranty Deeds recorded October 15. 1970, in Book 414 at Page 62. Road Spur Basement recorded December 14. 1982. iri Book 614 at Page 598. Road Spur Easement recorded March 22, 1983, in Book 622 at Page 580. Terms, conditions, provisions and obligations of Boundary Line Agreement between Union Oil Company and Atlantic Richfield Company recorded July 19, 1983, in Book 630 at Page 883. Resolution No. 84-67 by the Board of County Commissionsers of Garfield County recorded April 10, 1984, in Book 647 at PAge 614. Resolution No. 85-01 regarding Special and Conditional Land Use Permits by Union Oil Company recorded January 7, 1985, in Book 662 at Page 466. 'Resolution No. 86-32 concerning a conditional use permit recorded March 18. 1986, in Book 685 at page 192. Resolution No. 86-143 vacating certain County Roads recorded December 9, 1985. in Book 700 at Page 554. tinued) • A ICAN TITLE INSURANCE COMPANY HUM Bil Wil 111111 11131 UR 1111 545331 05/12/1999 12:03P 81129 P92 11 ALSDORF' 43 of 60 R 301.00 0 499.9E GARFIELD COUNTY CO - e- v,nrrn c.xCEPTIONS (continued) order No. 500307b -C3 Terms, agreements, provisions, conditions and obligations as contained in • Memorandum of Agreement between Atlantic Richfield Company, a California corporation. Chevron Shale Oil Company, a California corporation. Baton Shale Company, a Colorado corporation, Exxon Corporation. a New Jersey corporation, Mobil Oil. Corporation. a New York corporation, The Oil Shale Corporation, a Delaware corporation. Exxon Company, U.S.A. and Union Oil Company of California, a California corporation recorded January 20, 1983, in Book 617 ac Page 266; August 2Z, 1983. in Book 633 at Pages 461 through 484, inclusive, and the Assignment and Assumption Agreement attached thereto in Soak 623 at Pages 485 through 488. inclusive, and the Grant of Easement and Agreement Creating Restrictive Covenant attached thereto as Exhibit 1 in Book 633 at Pages 489 through 513, inclusive, the Grant of Easement and Agreement Creating Restrictive Covenant attached thereto as Exhibit 2 in Book 633 at Pages 519 through 546, inclusive, the Grant of Easement and Agreement Creating Restrictive Covenant attached thereto as Exhibit 3 in Book 633 at Pages 547 through 582, inclusive. the Grant of Easement and Agreement Creating Restrictive Covenant attached thereto as Exhibit 4 in Book 633 at Pages 583 through 612. inclusive, the Grant of Easement and Agreement Creating Restrictive Covenant attached thereto as Exhibit 5 in Book 633 at Pages 613 at Page 645, inclusive. as amended by instruments recorded February 10, 1989, in Book 748 at Page 863, October 10, 1996, in Book 995 at Pages 740, 749, 757, 765 and 773 and January 5, 1998. in Book 1049 at Page 130. L4. Resolution No. 86-144 accepting Deeds dedicating County Road 215 recorded December 9. 1986, in Book 700 at Page 557. •Resolutjon No. 87-20 approving a Special Use Permit by UNOCAL Corporation recorded February 18. 1987, in Book 705 at Page 691. 46. Resolution No. 87-58 regarding Special tJse Permit by Barrett Energy Company recorded June 2, 1987, in Book 713 at Page 225. 47. Easements granted to Mobile Oil Corporation at Reception Nos. 335176, 335277. 339433 and 347959. 48. Easements granted co Northwest Pipeline 341.038, 341182, 341513 and 341614. 49. License Agreement between Union Oil and 348387 and 348388. (Continued) FIlliAMERICAN TITLE INSURANCE E COMPANY Corporacion recorded Exxon Corp. recorded at Reception Nos. at Reception Nos. AIME__i IIllhIllIjJJJ1111111 44 of 80 R 301.00 D 499.90 G3 RFIELD COUNTY CO EXCEPTIONS (continued) order No. 500307b -C3 •esc1LtiQz No. 87-56 recorded June 16. 1987, in aook 714 at Page 186 and Corregcion Deed regarding this resolution recorded June 15. 1987, in Book 714 at Page 188_ a1 Resolution No. 87-87 concerning Natural Gas Wells recorded ,August 31, 1997, in Book 720 at Page 102. 1'2. Resg1utii. 87-109 approving Special Use Permits by Barrett Energy Company recorded October 20, 1987, in gook 723 at. Page 161 and Resolution No. 87-91 recorded September 22, 1987, in Book 72.1 ac Page 292. 3. Resolution No, 87-109 re-recorded November 5. 1987, in Book 724 at Page 72. 4. Affidavits of Production extending Oil and Gas Leases recorded March 14, 1986, iri Book 730 at Page 338, in Book 730 at Page 339 and in Book 130 at Page 340. 5. Resolution No. 88-57 approving Special Use Permits by barrecz Energy Company recorded June 29, 1988, in Book 736 at Page 798. 6 Terms, conditions, provisions and obligations of Communication Agreement between The Bureau of Land Management and Barrett Energy Company recorded August 31, 1988, in Book 740 at Page 203. 7 Resolution No. 89-33 approving a Conditional Use Permit by The U.S. Department of Energy recorded May 3. 1989. in Book 753 at Page 539. •claration of Pooling and Pooling Agreement recorded May 30. 1989. in Book 754 at Page 986. ,Affidavit of Production recorded May 30, 1989, in Book 755 at Page 1. Resolution Nos. 89-3.01 and 89-143 concerning Special Use Permits by Barret'. Energy Company recorded June 21, 1989, in Book 7S6 at Page 736 and recorded October 17, 1989, in Book 765 at Page 129; • Affidavit of Production Extending Oil and Gas Lease recorded December 29, 1989, in Book 770 at Page 191. • Terms and conditions of Declarations of Pooling and Pooling Agreements recorded January 8, 1990, is Book 770 at Page 672 and recorded March 3., 1990, in Book 772 at Page 630. 2ontinued) J 1I111LIJLL u111 1i111l!jIJ!jII!llIll45331 05/12/1999 12 03P 91129 P94 M.... �s 45 of 60 R 301.N 0 499.90 GARFIELD COUNTYCO :RS MERICAN TITLE INSURANCE COMPANY s EXCEPTION'S (continued) Order No. 500307b -C3 Affidavits of Production recorded April 26, .990, in Book 772 at Pages 722 through 728, inclusive, extending oil and gas leases mentioned. 64. Amendment to oil and gas leases recorded April 26. 1990, in Book 777 at Page 729. 65. Terms and conditions of Declaration of Pooling and Pooling Agreement recorded November 19, 1990. in Book 793 at Page 549. 66. Terms, conditions, agreements, leases and easements as contained in Assignment, Bill of Sale and Conveyance recorded December 6, 1990, in Book 794 at Page 519. 67. Resolution No. 91-027 approving a Special Use Permit for UNOCAL recorded April 2, 1991, in Sook 801 at Page 520. Lessorts), and Parachute Clean Fuels, L.P., a Colorado limited partnership. Lessee(s), as evidenced by Memorandum of Lease recorded June 12, 1992, in a 833 at Page 946. 69. Service Corridor Agreement between Union Oil Company of Californ-'., a California Corporation and Parachute Clean Fuels, L.P., a Colorado limi partnership recorded June 12. 1992. in Book 833 ac Page 953. 70. Electrical Line and Facilities Agreement between on Oil Company of California, a California corporation and Parachute Clean Fr s, L.P.. a Colorado limited partnership recorded June 12. 1992. in Soo .33 at Page 967. 71. Water Agreement between union Oil C any of California, a California corporation and Parachute Clean Fuels, L.P. s Colorado limited partnership recorded June 12, 1992, in Book 833 at Page 97 72. Railroad Access Agre• •nt between Union Oil Company of California, a California corporation and P chute Clean Fuels, L.P., a Colorado limited partnership recorded June 1992, in Book 883 at Page 988. 73. Terms. •rtditicns, agreements, provisions and obligations of Service Corridor Agr- spent recorded June 12, 1992, in Book 833 at Page 953. 74 Water Agreement between Union Oil Company of California and Parachute Clean 41. (Continued) 1111111111111111111111111111111111111111111111111111111 545331 05/12/1999 12:03P 81129 P95 1 RLSDORF 46 of 60 R 301.00 0 499.90 GARFIELD COUNTY CO F AMERICAN TITLE INSURANCE COMPANY 833 at Page 988. Snvironme^ EXCEPTICNS (cant.nuad) Order go. 500307b -C3 __..g Ration Agreement recorded June 12, 1392. in Book 334 at Resolution No. 95-019 approving a Special Use Permit for Colorado Interstate Gas recorded March 7, 1995, in Book 933 ac Page 719. Communitiratiars Agreement recorded October 2, 1995 Terms and conditions of right of way and easement Company of California and Colorado Interstate Gas 1996, in Book 987 at Page 500. , in Book 954 at PAge 667. agreement between Union Oil Company recorded August 1, Terms, conditions, provisions and obligations of Pipeline Easement and Usage Right Agreement between Chevron Shale Oil Company and Colorado Interstate Gas Company recorded Auguac 19, 1996, in Book 989 at Page 273. Terms and conditions of Right of way and Easement Agreement between Union Oil Company of California and Colorado Interstate Gas Company recorded August 19. 1996, in Book 989 at Page 294. Terms and condtions of Gas Line Easement and Right of Shay Agreement between Puckett Land Company and Colorado Interstate Gas Company recorded October 7, if, in Book 995 at Page 246. Amended Agreement between Puckett Land Company and Grand Valley Gathering recorded July 21, 1997, in Book 1026 at Page 777. Basement between Chevron Shale Oil and Grand Valley Gathering recorded August 14, 1997, in Book 1030 at Page 223. Agreement between Chevron Shale Oil and Grand Valley Gathering recorded August 14, 1997, in Book 1030 at Page 254. Declaration of Pooling Agreements recorded May 26, 1998, in Book 1069 at Page 213 and in Book 1069 at Page 242. " Amendments to Exhibits 1 throughs Grants of Easement and Restrictive Covenants recorded October 10, 1996, in Book 995 at Page 749, in gook 995 at Page 757. in Book 995 at at Page 773. 3ntinued} CST" 10RICAN TITLE INSURANCE COMPANY Agreements Creating 991 at Page 740, in Boos. Page 765 and in Book 995 L IYI11.11111, ;,IIjrI! ■.p ant..alum m u.4gai 11111111 11111 111111111111ih1 1111 11 Ili 111111 In 545331 05/12/1999 12:03P 61129 P96 M ALSDORF 47 of 60 R 301.00 0 499.90 GARFIELD COUNTY -CO .+.•n ern sxC. PT2QNS (continued) order No. 500307b -C3 Agreement recorded November 22, 1996, in Rook 1.000 at Page 696. 89. Access License Agreement recorded December 30, 1996. in Rook 1004 ac Page 752. 90. Amended Agreement between Puckett Land Company and Grand Valley Gathering recorded July 21, 1997, in Book 1026 at Page 777. 91. Easement between Chevron Shale Oil and Grang Valley Gathering recorded August 14, 1997, in Rook 1030 at Page 228. 92. Agreement between Chevron Shale Oil and Grand valley Gathering recorded August 14. 1997, in Rook 1030 at Page 254. 93. Declaration of Pooling Agreements recorded May 26. 1998, in Book 1069 at Page 242 94. Terms and conditions of Assignment, Conveyance and Bi1J, cf Sale recorded February 23. 1998, in Book 1054 at Page 468. 95. Terms, conditions, provisions and obligations of Access License Agreement between Barrett Resources Corporation and Union Oil Company of California recorded January 1.9, 1999, in Rook 1109 at Page 703, 96. Oil and Gas Leases recorded February 27, 1987, in 3ook 706 at ?age 281. in Ono% 710 at Page 445, in Rook 721 at Page 88, in Book 721 at Page 95, Amendment of Oil and Gas Leases in Book 721 at Page 100, in Book 728 at Page 653, in Book 756 at Page 565. in Book 757 at Page 974 and in Rook 788 ac Page 791. and any and all 411 assignments thereof or interests therein. 97. Rights of way for the Benson and Barrett Ditch, Grantee Ditch, Purdy Ditch, Jungle Ditch, and Low Cost Ditch insofar as the same may affect subject property. 98. Right of way for County Road 215. 99. Ditches and ditch rights and the enlargements and extensions therenf, and all laterals, flumes and headgates used in connection therewith. Illill111111111111111i11 1111 14111,43111 111111 1111111 •zt - /+2' 1°95 } s -� 48 a{ 60 R 301.00 D 499.90 GARFIELD COUNTY CO FIRST AMERICAN TITLE INSURANCE COMPANY 411/ COM I r(E N SUEEtez B Sec -Lien 2 • coder No., 3-C 3 The policy or j of d ri es to be isxued will contain to the foliceeing natters unless the ssne are dispoeeci af 1x the satisfaction of the : Any lass cn; damage, including attcrney fes, by reason of the matters ahown below: lcwN 1. Any fads, rights, 'inearests, or claims which are net ahean by the public records but which couli1 be ascerteined by an 1nspecdrn of said land czr by making inquiry of persons in possession thereof. 2. Easements ax claims of easements, not shown by the public records. 3. D ac s, orrn1icts in bocrxary lints, shortage in area, , and any tether x fa duh a co -'C suzvey would disclose and which are not shown by the ishyie• re r ds 4. Any lien, car r ght byto a lien fcrshown services, labor or material t=retr�fcre or hereafter furnished, imposed law s not sa ow z by the p hi 1r reccrds. 5. Defects, , li s, encumbrances, adverse claims or other matt e, if &iy, created, fir'sa t appearing n the ru"l t r records r s o sUbsequent to the effective date berecf, but 1 for to thedatethe pecpcsed insured acquires af recordfcr value the estate or int ar mortgage thereon ccvered by this Cbmmitment. . Texas due and : and any tax, special assessments,chargecr lien imposed oforleater cr sewer service, ac four any oto special taxing dist* a ct. 1. Right of the Proprieter of a Vein cm Loch the extract and remove his are t - 'ef fl, should the same be found to mate or intersect the premises heir fid, as moved in Dated -States Patent Luded Amt 10, 1911, in Bock 71 at Page 489. 2. Right of way,'car ditches c:r canals cors4==bed by the authority ref the 'United Std, es reser in United States Patent reccedediXerust 10, 1911, In 9cok 71 at Page 489. 3. Right of way far The Deasy Ditch, Prc a tt es No. 9-20 evidenced by4enstrument xecorded December 1, 1902, in 4. Right of way far the Wilcox Cena1s as granted by B.S. Ccmpany, a Colorado corporation by Deed recorded Zeeuary Page 514. f� Peradmate Creek as Book 51 at Page 285. Branamaa to The WilcoxCena.1 24, 1911, in Hock 62 at 5Easement and righter of to survey, d , �w,,y,�yope� ate, ylPmaint:�al,'/� nn., control, repair end r�� 4 7 'r-° 7 j. ty �. as byR.Ai. LZ! Public Service CompanY of Col c ar by insLetreent rEt Septembber 3, 1970, in Bok 413 at Page 17. (Continued) • FIRST AVERICAN TITLE INSURANCE COMPANY • 1111111 11111 111111 111111 1111 11111 1111111 545331 05/12/1999 12:03p 81129 P9 . ALS 111 F 1111 49 of 80 R 301.00 D 499.90 GARFIELD COUNTY CO ExCEPTTENS (continued) Order No. 5C101307h -c3 6. Davelopment and Ex, racy' art Monis F mit died February 26, 1981, inBook 566 at Page 281. 7. Easement and right of .ray as granted by Exxon Corporation, a Naw Jersey corporation and The C±1 Shale Compcmartion, a Delaware corpoomWtion tQ the Statue Department af` Vis, Division of Highways. Stats of Colorado by instrument girded May 14, 1981, in Book 571 at Page 464. 8. Cperating Agreethialt between Exxon aprporztion, a New 5ersey corporation amd The Oil ala Corporation, a Delaware corp=0Mcn, a utxi ly ( d d subsidiary ry o f Corporation, a Nevada May 18, 1981, in Block 572 at Page 55 • 9. Ordinance No:` 205 by the &aid of Th-ustees of the Town of Parachute, Oalorado recorded January 12, 1983, in Book 616 at Page 776. 10: Ott and Release between Exmal ErCammTrzamic n, a New Jersey corporation and the Town of Per Out , a munic4a1 corporacn recorded January L2, 1983, in Fes[ 5.1.6 at Page 784. 11. Those tom, agreements, provisions,conditions ions and obligations '�hidi are a lao subject rtf as contained in P,a { 1roart a i . z C-cf-way and LLoerne rec=ded July 18, 1985, .in Boot 672 at Page 426. 12. Right of way for Highway 5 a -Highi..ay 24. 4103- Ditotms and dim rights, and all laterals, , heat3ga and fLtmes used In oormection erewith, and t icrz and enl=gerects tt reof . Right of ;gray for interstate 70. III II IIIA III;II IlEli Iill VIII INIII 111 111111 111 IIII 54331 r I i2/ iss9 12:t815 81129 P99 11 ALSDDRF 50 of 60 R 301.00 D 499.90 GARFIELD COUNTY CO t :..-c31 ? IC AN iNgLEA.1= GUATANY • • • 11111 11111 111111 111111 1111 11111 111111 111 111111 11! 111 545331 05/12/1998 I2:03P 01129 P100 M RLSDORF 51 of 60 R 301.00 0 499.90 GARFIELD COUNTY CO SCHEDULE III (Attached to and forming a part of the Special Warranty Deed dated as of May 11, 1999 between Union Oii. Company of California and American Soda, L.L.P.) Description of Retained Easement JCFKx.42 44.9 A-1 - (8) • Construction Surveys Inc. 0012 SUNRISE BLVD. SILT. COLORADO 8162 970 - 876 - 5753 LEGAL DI S NE:127N -v UNOCAL RETAINED EASEMENT. A pipeline easement located in Section 34 and 35, Township 6 South, Range 96 West and SccUon 2, Township 7 South Rads 96 West of the Sixth Principal Meridian, Garfeld County, Colorado. Said easement being 50 feet in width, 25 feet each side of the following described centerline- Beginning at a point on the east line of said Section 2, whence the E114 corner of said Section 2 bears S 07°07'32 W a distance of 293.53 feet; thence 433.93 feet along the arc of a curve to the left having a radius of 1000.08 feet•, an included angle of 24°51'38" and a chord which brain N 76°21'05" W a distance of 430.54 feet; thence N 88°46'54" W a distance of 425.72 feet; thence 77.03 feet along the arc of a curve to the right having a radius of 82.88 feet, an included angle of 53°16'22" and a chord which bears N 62°08'23" W a distance of 74.33 feet; thence 1304.59 feet along the arc of a curve to the left having a radius of 5979.58 feet, an included angle of 12°30'09" =la chord which bears N 41°44'53" W a distance of 1301.98 fee thence N 43°40'00" W a distance of 563.33 feet; thence N 62°48' 19" W a distance of 1326.97 fent; thence S 24°57' 19" W a distance of 401.00 feet; thence N 65'02'41" W a, distance of 183.12 feet; thence N 57°58'06" W a distance of 409.58 feet; thence N 50°53'31" W a distance of 2359.31; thence N 50°53'44" W a distance of 475.28 feet; thence 873.05 feet along the arc of a curve to the left having a radius of 1638.00 fear, an included angle of 30°32'19" and a chord which bears N 65°49'07" W a distance of 862.76 feet; thence N 81°05'17" W a distance of 889.00 feet; thence 701.78 feet along the. arc of a curve to the tight having a radius of 1664.06 few art included angle of 24°09'48" and a chord which bears N 69°00'23" W a distance of 696.59 fees th=ce N 59°51'48" W a distance of 145.20 feet; thence 195.45 feet 1111) along the arc of a curve to the right having a radius of 1671.50 feet; an included angle of 06°42'03" and a chord which bears N53°34'28" W a distance of 195.43 feet to a point on the westerly line of the E 112 SWI/4 of said Section 34, wheaCc the SW corner of said Section 34 bears S 29°i3'S1" W a distance of 2792.10 feat. All bearings contained herein are based on the Union Oil Company of California Modified Coordinate System which has a basis of Bcaiings; N 38°46'25" W between the U.S.G.S. Tri -Stations "HURLBURT' and "SAGE'. 1111!!! I1!!! 11!!!! 11111111!! I1I II1IJJ !1! 11111!!, ! 11! 545331 05/12/1999 12:03P 31129 P101 M ALS00RF 52 of 60 R 301.00 0 499.90 GARFIELD COUNTY CO • 111111l 111111111111111111111111111111111111111111111111 5331 05/1211999 12:03P B1129 P102 f ALSDORF 53 of 60 R 301.00 D 499.90 GARFIELD COUNTY CO SCHEDULE IV (Attached to and forming a part of the Special Warranty Deed dated as of May 11, 1999 between Union Oil Company of California and American Soda, L.L.P.) Monitoring Parcel • rFKK.42542.. A-1 - (9) • Ciristructiari iurwijs Inc. 0012 SUNRtSc BLVD. SfLT, COLORADO 81652 970 - 876 - 5753 May 10, 1999 MONITORING WELL ACCESS LEGAL DESCRIPTION A strip of land situated in the SE114 of Section 34, SW1/4 SW1/4 of Section 35, Township 6 South, artd Lot 4 of Section 2, Lot 1 of Section 3, Township 7 Souk all in Range 96 West of the Sixth Principal Mardian, Garfield County, Colorado, being 30 fest in width. 15 fort each side of the 4lesrribed a1igs+.ment being more particularly described as follows: Beginning at the South c y Right -of -Way line of qty Road No. 215, also being the centerline of an =sting ac=s road_ whence the 3r= Cap 1912 at the South 114 corner of said SMt,on 34 bears 5 53'572.2` W a distance of 2363.60 feet thecce following tate centetiire of said existing ,arts road the next ten (10) cours s; 1) 5 39"11'37" W a div.ance of 6.07 feet 2) l 23.9Q feet along the are of a c,a-ve to the right having a radius of 110.00 feet and whose Chord bean S 71'21'45* W a distance cr 117.46 fest 3) N 76°16'07" W a data= of 44.7 6 feet, 4) N 71°5612' W distal= of 129.18 feet 5) 98.65 feet along the are of a curve to the ?ted: having a radius 0/ 70.00 feet and whose chord bears 3 67°40'59' W a distance of 90.69 _`cet; 6) S 27'18'7 1' W a distance of 178.63 feet; 7) S 21'13'16' W a distance of 145.57 free, 8) 3 14°29'40* W a distance of 339.87 feet; 9) S 19'58°16' W a distance of 180.54 fret; 10) S 67°22 L5' E a dirt,rc of 1742.99 feet; thence leaving said access road epi beginning a rardotn worse through the trortitonng wells the following twelve Cl 2) courses: i) S 29°31'02' W a distance of 3'3.35 foe.; 2) N 63'01'57' W a distance of 56.74 feet; 3) S 41°13'15" W a distarc of 45.61 feet; 4) 5 04°55.32' E a &isunce of 113.56 feet; 5) S 09°42'18' W a distw rr of 196.28 feet; 6) N 59°04'02' W a distance of 113.315ec 7) N 36°09'g9' W a dtance of 58.06 foci 8) N 22'36.24' E a distance of 323.55 lex, 4) N 67°2117' 'W a distance of 125.08 foci; 10) N 78°20'45' W a distance of 127.65 feet, 11) 56.07 feet along the an. of a curve to the right wing a radius of 18.50 feet and whose chord bears N 08°28`59' E a dist icce of 36.94 feet; 12) S 34°41'17`E a distance of 55.01 fest connecting to the sideline of the above described caveat whence the grass Cap dated 1912 at the South 114 cower of said Section 34 ~ 5 ?3-2.1.: 51;* W dt distance of 2540.76 feu. A1I bearings contained herein axe based on the Union. Oil Modified Coordinate Systern �4 Seam of N 3S°.:11='5' '---;...�, , ,: ,tauortz Hurlburt and Sage. 1E11 Hill ME • 545331 05/12/1999 12:03P 81129 P103 M ALSOORF 54 of S0 R 301.00 0 499.90 GARFIELD couNrf CO • i '-+�� 1-a a� 91. .-u ii L M s-animmii-a saga 1/ ' 11 MON. WELL EASEMENT POINT OF BEGINNING 1 s1 4. mi 'I/ RIGHT—OF—WAY ROAD #215 P / RIGHT—OF—WAY k, 1 CO' WIDE N. EXIST1N ACCESS ROADS 0 CONSTRUCTION E Rv'EV 5, 1 0012 5UNR l t 151 -VD. 811—T, CO B1652 (970)816 -6153 MONITOR1N5 WELL EAVEMEN` PQ,11;gARign 'LORI NC. ASsEr mANACLEVIENT QRtDUP r.i p►1, 01 company f3f Cra.garr UNOCAL. SCA! 0" r A i si - as 111111111111111114111.111 111111111111i111111111111111111 545331 05/12/1999 12:03P 81129 P104 M RLSOORF 55 of 60 R 301.00 D 439.90 GARFIELO COUNTY CO • 4111 Aril 1I11i 1111111111111111111111111111111111111111111 545331 05/12/1999 12:03P 81129 P105 M AtSDQRF 56 of 60 R 301.00 0 499.90 GARFIELD COUNTY CO SCHEDULE V (Attached to and forming a part of the Special Warranty Deed dated as of May 11, 1999 between Union Oil Company of California and American Soda, L.L.P.) Reserved Railroad Easement A-1 - (10) • Cinstructinn Surveys Inc. 0012 SUNP]:SE 3L''0 SILT. CCLCRACO 81652 970 - 876 • 5753 May L 1, 1999 LEGAL DESCRIPTION - RAILROAD ALIGNIVIVf7': A centerline alignment for a Railroad Spur in Sections 1, 2 and 3, Township 7 South, Range 96 West oldie Sixth, Principal Meridian, Garfield County, Colorado. Said alignment being shown and detailed an FLUOR drawings ;MI -5-061A through F, revision rid, and more particularly dcc^ribed as follows: Beginning at Sta. 28+35.989 as shown on said drawing ¥K1 -5-061A, whence the Southwest corner of said Section 1 bears S 60°33'39" W a distance of 1640.61 feet; thence N 51°13'07" W a distance of 440,22 feet; thence 80.00 feet along a spiral carve to the right and having a chord which bears N 51°23'07" W a distance of 80.00; thence 89.47 feet along the ase of a circular curve to the right having a radius of 2292.01 feet, an included angle of 2014' i2" and a chord which bears ti 4976'01" W a distance of 89.47 feet; thence 80.00 feet along a spiral curve to the right and having a chard which bears N 47°48'55" W a distance of 30.00 feet; thence N 47028'55* W a distance of 236.77 feet; thence 30.00 feet along a spiral curve to the left and having 3 chord which bears N 47448'55" W a distance of 80.00 feet; thence 176.36 feet slang the arc of a circ lar carve to the left having a radius of 2292.31 feet, an included angle of 4024'31„ and a chord which bears N 50°41'11" W a distance of 176.31 feet; thence 80.00 feet along a spiral curve to the left and having a chcrd which bears N 53433'26" W a distance of 30,00 feet; thence N 53°53'26" W a distance of 11.17.51 feet; thence 80.00 feet along a spina curve to the right and having a chord which bears N.53-31'26" W a distance of 30.00 feet; thence 552.39 feet along the arc of a circular curie to the right !raving a radius of 2292.01 feet, an included angle of 13°48'31" and a chord which bears N 45°59'10" W a distan= of 551.06 feet- thine-. 30.00 feet along a spiral curve to the right and having a chard which bears N 38°24'55" W a distance of 80.00 feet the N 58°04"55" W a distance of 531.82 feet; thence S0.00 feet along a spiral nerve to the lett and having a chard which bears N38°28'55" W a distance of 80.00 feet; thence 253.41 feet along the arc caf a circular evrve to the left having a radius of 1910.08 feet, an included ale of 7°36'05" and a chord which bears N 43°04'58" W at distance of 2.53.23 feet; thcno 30.00 feet along a spiral curve in the left and having a chord which bears N 47°41'00" W a distance of 80.00 fret; thmece N 48°05'00" W a distance of 78190 feet thence 70.00 feet along a spiral curve to the left and ,having a chord which bears N 48419'00" W a distance of 70.00 feet; thence 267.51 feet along the arc of a circular curve to the left baiting a radius of 2364.93 feet, an included angle of 5°21'00" and a chord which bears N 51°2710" W a distance of 267.42 feet thence 70,00 feet along a spiral curve to the left and having a chord which bears N 54°36'00" W a distance of 70.00 feet ; thence N 54°50'00 W s. distance of 176.17 feet; thence 100.00 feet along a spiral curve to the left and having a chord which bears N 55°49'58" W a distance of 99.99 feet ; thence 617.00 feet along the arc of a circular curve to the left having a radius of 955.37 feet, an included angle of 37°t30'10" and a chord which bears N 76°20'00" Wa distance of 606.33 feet; the 100.00 feet along a spiral curve to the Icftt and having a fiord which bears S 83°09'53" W a di ct2nce of 99.99 fent ; thence S 82410'170" W a distance of 758.03 feet thence 70.00 feet along a spiral move to the right and having a chord which bears S R;°05'57' W 4 t -- -f69.5%; re,,; thence 311.56 feet along tate arc of a circular curve to the right haemg a radius of 716.78 feet, an invaded angle of 24°54'16" and a chcrrd which bears N 32435'1:0" W a distance of 309.11 feet; theatre 70.00 feet along a spiral curve to the right and having a chard wbic±_4-e .e le _Ant VA7""• :' Tut?-.- thence N 67°20'00" W a distance of 2394.51 feet to Sta. 1264-59.044 as shaven on said thawing iCl-5- 061E, whore the south quarter cornea of said Section 3 bears S 1640819" War distance of 2999.86 feet An bearings contained in the above description are based on the Union Oil Modified Coordinate Systema which has a basis of Bearings of N 38°46'25" W between U.S.C.G.S. Stations Hurlburt and Sage. 1111111111111111111111111111111111111111111111111111 545331 05/12/1999 12:03P 81129 P106 1 RLSDORF 57 of 60 R 301.00 0 499.90 GARFIELD COUNTY CO • JICFKK-42.341.9 545331 05/12/1999 12:03P 31129 P107 N ALSDORF 58 of 60 R 301.00 D 499.90 GRRFIELD COUNTY CO SCHEDULE V (Attached to and forming a part of the Special Warranty Deed dated as of May 1 1, 1999 between Union Oil Company of California and American Soda, L.L.P.) Reserved Pipeline Easement A-1 - (11) Ccnstructicri Surveys Inc. 0012 SUNRISE BLVD. SILT COLORADO 81652 970-8 8-5753 May 10, 1999 pm LEGAL DESCRIPTION FOR NORTHWEST PIPELINE t@ UPGRADE A strip of land situatod la the SE1/4 of Section 34, Township 6 South, Range 96 West of the Sixth Principal Meridian, Garfield County, Colorado, being 30 feet in width, 15 feet each side of the following described centerline: Beginning at the Southwesterly line of the Pipeline Service Corridor, Easement "A" as shown oa the plat recorded in Book 633, Page 725 of the Garfield C wuy Records, also being the centerline of an existing pipeline, whence the Bras.; Cap dated 1912 at the Southwest corer of said Section 34 bears S 64°13'49' W a distance of 4024.53 feet; thence following the centerline of said existing pipeline the aext four (3) courses; 1) S 28°38'27" W a distance of 148.39 feet; 2) 5 22°40'44° W a distance of 167.45"fec 3) S 23°09'31' W a distance of 695.65 fees to the intrssoction with the misting 3arrttt Rcsourcca S inch diameter pipeline whence the Brass Cap dated 1912 at the Southwest corner of said Section 34 burs S 75°3607" W a distacce of 3319.26 feet All bearings contained in the above description are based on the Union Gil Modified Coordinate System which has a basis of Bearings of N 38°46':.5'. W between t Y.S.C.G.S. Stations Kw-iburt and Sage. 1 111111 11111 111111 111111 1111 11111111111 11 1111111 11 1111 5.49331 05/12/1999 12:03P B1129 P108 `I ALSO ORF 5S of 60 R 301.00 0 499.90 GARF:EL3 COUNTY CO • it NORTHWEST PIPELINE 30' EASEMENT Ce BARRETT CO PIPELINE --., LJ 11 /1 t t 7 r�-, 11 Il �'�- 0 1 if %l -� 1/ !i 0 --5?----- :z7,..., ..::::::z( . ii ( Q 4 to 1 BARRETTB"0 � PIPELINE NN\ 0 C l uc7l 41LT A CQtO. 4 1.47RvE'e° ro CONSTRUCTION SURv6Y4, INC. 0012 6UNRISE E3Lvt7, eII..T, CO 81652 (510)816-5153 UPGRADE PUNT AsseT MANAchowiimm- amour Anion 01 Company at C-allorniet, UNOCAL• r SCAW R 300' DATE: 0S/W99 111111111111111111111111111111111111111111111111111111 545331 05/12/1999 12:03P 81129 P109 M ALSDORF 60 of 60 R 301.00 D 499.90 GARFIELD COUNTY CO GAS PURCHASE AND SALE AGREEMENT BY AND BETWEEN AMERICAN SODA, L.L.P. AND WILLIAMS PRODUCTION RNLT COMPANY DATED 1VIAY 6, 2044 • • • • • Gas Purchase & Sale Agreement This Gas Purchase & Sale Agreement ("Agreement') is made and entered into as of the 6th day of May, 2004 ("Effective Date"), by and between American Soda, LLP, a Colorado limited liability partnership ("Buyer") and Williams Production RMT Company, a Delaware corporation ("Seller") sometimes referred to collectively as the "Parties" or singularly as "Party. WHEREAS, Seller is now producing and will continue to produce raw CGz. gas ("Gas") as a part of the operations carried on at Seller's Parachute Creek Gas Processing Facility as well as any expansion thereto (the "GP Facility") and desires to create a market for this Gas; WHEREAS, Buyer uses COz gas in its production of sodium bicarbonate at Buyer's Parachute, Colorado facility (the "Bicarb Plant") and is interested in purchasing Seller's Gas that is produced from the GP Facility; WHEREAS, Seller desires to commence selling to Buyer and Buyer desires to commence purchasing from Seller Gas during a period commencing approximately September 1, 2004 depending upon Buyer's construction and start up schedule; and WHEREAS, Buyer and Seller desire to set forth certain terms and conditions applicable to Buyer's purchase of the Gas from Seller. NOW, THEREFORE, in consideration of the premises and mutual covenants contained herein, Buyer and Seller mutually agree as follows: If Section 1. Term Subject to the provisions of this Agreement, the term of this Agreement shall remain in effect for an initial term of ten (10) years from the Effective Date of this Agreement (the "Primary Term") and thereafter for subsequent terms of one (1) year each unless terminated effective the end of the Primary Term or any subsequent term on not less than one (1) year's written notice. Section 2. Construction of CO2 Purification Plant 2.1 Buyer shall consult with Seller about the Location of a CO2 processing plant (hereafter, the "Plant") to be owned and operated by Buyer on Seller's property at the GP Facility. Upon achieving agreement with Seller as to that location, Buyer shall, at its own expense, survey the property where the Plant is to be located and perform, on or before June 15, 2004, a Phase I environmental assessment and baseline assessment, soil and groundwater sampling and analysis on that tract as required. Having located and surveyed Gas Purchase 8& Sale Agreement American Soda, LLP (Buyer) &'Williams Production RMT Co. (Seller) AmericanSodaGasPurchaseAgrntFi na1050415/612004 Page 3 of 27 • • the site for the Plant, Buyer will construct, operate (the operational process being described on the attached Exhibit "B") and maintain the equipment for the Plant at its own expense, including, but not limited to, providing electricity and water for the Plant. 2.2 To facilitate its purchase of the Gas, Buyer will also cause, at its expense, to survey, construct and maintain a pipeline from the Plant to the American Soda/Parachute site for the purpose of transporting the Gas ("the Pipeline"). Upon achieving agreement with Seller as to the location, Buyer shall, at its own expense, survey the property where the Pipeline is to be located and perform, on or before June 15, 2004, soil and groundwater sampling and analysis on that tract as reasonably required. 2.3 In addition to the Easements described in Section 2.5 below, Seller, for its part, agrees to provide any additional easements as are reasonably necessary to allow Buyer ingress and egress to/from the Plant as well as for the construction, maintenance and operation of the Plant and Pipeline upon such terms and conditions as the Parties may reasonably agree. 2.4 In addition to any taxes required to be paid pursuant to Section 13, Buyer shall be obligated to pay all personal property taxes assessed by the Garfield County Treasurer pertaining to the Plant and Pipeline, holding Seller harmless therefrom. 2.5 The terms and conditions under which Buyer shall utilize Seller's property for the operation and maintenance of the Plant and Pipeline are set forth not only in this Agreement but also within the Grant of Easements for the CO2 Processing Plant Agreement in the form attached hereto and incorporated herewith as Exhibit "A" ("Easements"), which will be executed by the Parties unless Buyer is unsatisfied with the results of the environmental testing contemplated in Section 2.1 and 2.2 hereof, in which case the Parties would in good faith negotiate an alternative location for the Plant and/or the Pipeline. Section 3. Contract Quantity and Quality Subject to the other provisions of this Agreement, Seller agrees to sell to Buyer the Gas produced at the GP Facility as may be required by Buyer for the production of sodium bicarbonate at Buyer's Bicarb Plant or for the sale of liquid carbon dioxide at such time as it becomes appropriate, up to the full production of Gas from the GP Facility. Provided, however, Seller makes no representation as to the quantity of the Gas that shall be available for Buyer's purchase under this Agreement. The Gas quality shall be approximately equal to that of the CO2 gas produced by Seller and sampled by Buyer in January, 2004. Notwithstanding the foregoing, Seller makes no representation or warranty that the Gas will be of such quality. Gas Purchase & Sale Agreement American Soda, LLP (Buyer) & Williams Production RMT Co. (Seller) AmericanSodaGasPurchaseAgmtFinal05O4{5/6/2004 Page 4of27 • • • Section 4. Price The price for the Gas shall be per ton ("Price"). Such Price is for Gas is exclusive of any transportation, utility power, or processing services Buyer may request from Seller at any time during the Primary Term, or any subsequent term, of this Agreement. Seller is under no obligation to process the Gas. The quantity of any Gas purchased by Buyer shall be determined for the purposes of pricing at the Metering Point, as defined in Section 5.1 below. Section 5. Delivery of Gas 5.1 Delivery PointlMetering Point: Nothing herein shall be interpreted to require Seller to sell and deliver or Buyer to receive Gas at a point not agreed to as a delivery point. The delivery point ("Delivery Point") shall be located immediately upstream of Seller's CO2 stack(s) at the GP Facility. Buyer will meter the Gas with a device mutually agreeable to the Buyer and Seller at the Metering Point. The Metering Point shall be the intake flange of the Pipeline that will be constructed to transport the Gas from Seller's GP Facility to Buyer's Bicarb Plant ("Metering Point"). 5.2 Transportation: Seller shall be responsible for all arrangements necessary to deliver Gas sold hereunder to the Delivery Point and Buyer shall be responsible for all arrangements necessary to receive Gas at the Delivery Point. 5.3 Pressure, Qualid Measurement: Gas delivered by Seller at the Delivery Point shall be in raw, unprocessed form. Seller makes no representation or warranty as to the quality of the Gas. Buyer will measure the quantity of the Gas to be sold/purchased at the Metering Point. The volume of the Gas shall be adjusted for temperature and pressure. 5.4 Title: Ownership, title, and risk of loss to Gas sold hereunder shall pass from Seller and vest in Buyer upon delivery and acceptance of Gas at the Delivery Point. 5.5 Delivery Rate: All deliveries shall be made as uniformly as possible according to the hourly and daily rate of flow over the course of the Agreement. 5.6 Access to Buyer's Data Capturing System. Buyer shall provide to Seller an access point for Buyer's computer data capturing system for the sole and exclusive purpose of allowing Seller to advise itself of the quantity of Gas being taken by Buyer pursuant to this Agreement. 5.7 Observation of Calibration of Metering System. Buyer shall provide Seller with reasonable notice, in writing, of those dates and times when it will undertake calibration of the metering device described in paragraph 5.1 above. Seller shall be entitled to observe this calibration process and, if necessary, participate in the same to the extent all parties are satisfied the meter is properly calibrated and operational. Gas Purchase & Sale Agreernent American Soda, LLP (Buyer) &s Williams Productions RMT Co. (Seller) AmericanSodaGasPurchaseAgmtFina10504/516/2004 Page S of 2.7 1 • • Section 6. Permitting Seiler will use its best efforts to obtain themecessary Seller's permitting required to construct and operate the Plant. Buyer will fully support this permitting effort by supplying all relevant (a) technical data and reports related thereto; (b) engineering data and reports related thereto; (c) APENS and any and all other requirements related to the issuance of the Seller's permit for the Plant. Buyer, for its part, will use its best efforts to obtain any other Buyer permits required by those entities charged with the regulation of the construction and operation of the Plant. Further, in the event Seller's cooperation is required in the obtaining of these additional Buyer permits, Seller agrees to take appropriate and timely action to assist in this permitting action. Buyer shall reimburse Seller for any costs associated with Permits which relate to the construction, maintenance, and/or operation of the Plant or Pipeline. Failure to obtain the said Permits by June 1, 2004, shall not constitute a breach of this Agreement. Section 7. Waste Stream The Plant will, as an ordinary part of its operations, emit waste streams consisting of spent desiccant, used oil, used lubricants, spent carbon, and Waste Water (as defined in Section 1.4 and 1.6 in Exhibit B) as well as, potentially, other waste materials yet to be determined. 7.1 Seller shall only be responsible for the disposal of the Waste Water. Seller agrees to indemnify and hold harmless Buyer from any loss or damage claim related to Waste Water pursuant to Section 14.1 of this Agreement. 7.2 Buyer shall be responsible for the disposal of the remainder of the waste stream and to indemnify and hold harmless Seller from any loss or damage claim related to the remainder of the waste stream pursuant to Section 14.2 of this Agreement. Section S. Operation of Seller's GP Facility Subject to the provisions of this Agreement, Seller shall use its best efforts to be in a position to provide to Buyer Gas on a twenty-four hour a day, seven day a week basis. In this regard, Seller agrees to provide Buyer thirty (30) days written notice of any planned outages of the GP Facility. Further, in the event of the occurrence of an unplanned outage, Seller will notify Buyer within one (1) hour of the occurrence of the event as well as its good faith estimate as to when the outage will end. Seller's failure to provide the foregoing notice to Buyer shall not constitute a breach of this Agreement. Likewise, Buyer shall use its best efforts to be in a position to take from Seller Gas on a twenty-four hour a day, seven day a week basis. In this regard, Buyer agrees to provide to Seller thirty (30) days notice in writing of any planned outages of the Plant and/or Pipeline. Gas Purchase ez Sale Agreement American Soda, LLP (Buyer) & Williams Production RMT Co. (Seller) Americans odaGasPu rc h aseA gm tFina lO5 04/5161"24 04 Page 6 of 27 • • • Further, in the event of occurrence of an unplanned outage, Buyer will notify Seller within one (1) hour of the occurrence of the event as well as its good faith estimate as to when the outage will end. Buyer's failure to provide the foregoing notice to Seller shall not constitute a breach of this Agreement. Section 9. Force Majeure 9.1 Except with regard to a party's obligation to make payment due for Gas delivered in accordance herewith, neither party shall be liable to the other for failure to perform an obligation hereunder to the extent such failure was caused by Force Majeure. The term "Force Majeure" as employed herein means any cause not within the control of the party claiming suspension, as further defined in Section 9.2. 9.2 Force Majeure shall include but not be limited to the following: (i) Physical events such as acts of God, landslides, lightning, earthquakes, fires, storms or storm warnings which result in evacuation of the affected area, floods, washouts, explosions, breakage or accident or necessity of repairs to machinery or equipment or lines of pipe; (ii) Weather related events affecting an entire geographic region, such as low temperatures which cause freezing or failure of lines of pipe; (iii) intentional acts of others such as strikes, lockouts or other industrial disturbances, riots, sabotage, insurrections or wars; and (iv) governmental actions such as necessity for compliance with any court order, law, statute, ordinance, or regulation promulgated by a governmental authority having jurisdiction. Seller and Buyer shall use their best efforts to avoid the adverse impacts of a Force Majeure event or occurrence once it has occurred in order to resume performance. 9.3 Notwithstanding anything to the contrary herein, the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be entirely within the sole discretion of the party experiencing such disturbance. 9.4 The party whose performance is prevented by Force Majeure must provide notice to the other party. Initial notice may be given orally; however, written notification with reasonably full particulars of the event or occurrence is required as soon as possible. Upon providing written notification of a Force Majeure to the other party, the affected party will be relieved of its obligations/expectations to make or accept delivery of Gas as applicable to the extent and for the duration of Force Majeure, and neither party shall be deemed to have failed in such obligations/expectations to the other during such occurrence or event. Section 10. Warranties and Representations 10.1 Warranty of Title: Seller warrants title to all Gas delivered by it hereunder, and further warrants that it has the right to sell and transfer title to the same and that said Gas is Gas Purchase & Sale Agreement American Soda, LLP (Buyer) & Williams Production RMT Co. (Seller) AmericanSodaGasPurchaseA.gmtFina10504j5/6/2004 Page 7 of 27 • • free and clear of all liens, claims and encumbrances. In the event of any adverse claim being asserted against the Gas, Buyer may withhold payment, without interest, of sums due hereunder up to the amount of the claim until such claim shall have been finally determined or until Seller shall have furnished other adequate securities or indemnities. 10.2 Warranty Indemnification: Each Party shall indemnify and hold harmless the other Party from any Loss, damage or expense arising out of its breach of the foregoing warranties and representations. Section 11. Advice of Production & Use Estimates 11.1 On or before December 31st of each year, Seller will notify Buyer in writing of its best estimate of annual and monthly Gas production qualities for the upcoming year. In addition, on or before the 20th calendar day of each month, Seller will provide Buyer, in writing, its best estimate of its daily Gas production for the upcoming month. 11.2 Likewise, on or before December 31$' of each year, Buyer will notify Seller, in writing, of its best estimate of annual and monthly Gas requirements for the upcoming year. Section 12. Billing and Payment 12.1 On or before the 15th day following the deliveries of Gas hereunder ("Billing Date"), Seller shall deliver to Buyer a monthly delivery statement (invoice) for the preceding month properly identified as to the Metering Point, showing a total volume of Gas delivered and the amount due. All invoices shall be submitted as an original to: American Soda, LLP, 2717 County Road 215, Parachute, CO 81635 Attn: Accounts Payable. Unless Buyer disputes an item in an invoice or requires information as provided hereafter, Buyer shall pay Seller the full amount of the invoice thirty (30) days after receipt of invoice, less any cash discount on it. (Accelerated payments in advance of Net 30 days may be made in exchange for a 5% net discount on the invoice amount or $100, whichever is greater). Before paying an invoice, Buyer may require of Seller to furnish proof that there are no unsatisfied claims against the Gas. 12.2 To facilitate the above described billing process, Buyer agrees to furnish to Seller the metered volumes of Gas received by Buyer under this Agreement by the second business day after the commencement of each calendar month during the Primary Term of this Agreement. Section 13. Taxes & Charges Subject to Section 2.4, Seller shall pay, or cause to be paid, and Seller shall indemnify, defend and hold Buyer harmless from any claims for all royalties, taxes or other sums due Gas Purchase & Sale Agreement American Soda, LLP (Buyer) & Williams Production RMT Co. (Seller) AmericanSodaGasPurchaseAgmtFi na10504/5/6/2004 Page 8 of 27 • • • on production, gathering, processing or severance of Gas prior to delivery to Buyer at the delivery point. All such taxes shall be paid by Seller directly to the royalty interest holder and/or taxing authority unless Buyer is required by law to collect and remit such taxes, in which event, Buyer shall withhold from payments to Seller the amount(s) required to be collected and remitted by Buyer. Section 14. Indemnity 14.1 Buyer shall indemnify, defend and hold Seller harmless from any and against all loss, cost and expense, including court costs and reasonable attorneys' fees, for any and all claims, suits, judgments, demands, actions, penalties or liabilities, including injury or death of persons, growing out of the Plant's or Pipeline's operations or perforrnance hereunder by Buyer or arising while the Gas is in Buyer's exclusive control and possession. 14.2 Seller shall indemnify, defend and hold Buyer harmless from any and against all loss, cost and expense, including court costs and reasonable attorneys' fees, for any and all claims, suits, judgments, demands, actions, penalties or liabilities, including injury or death of persons, growing out of the GP Facility's operations or performance hereunder by Seller or arising while the Gas is in Seller's exclusive control and possession. 14,3 Neither Party shall be liable in respect of any claim to the extent same resulted from the negligence, willful misconduct or bad faith of the indemnified Party. Section 15. Termination 15.1 Either party may also terminate this Agreement under the following circumstances: 15.1.a. In writing at any time before commencement of deliveries under this Agreement if at that time the Bicarb Plant is not in operation or Buyer has not received approval from its managing partner for construction of the pipeline and purification facilities needed to transport and process the Gas; or 15.1.b. At any time upon at least three (3) months written notice if Buyer ceases to produce sodium bicarbonate for a six (6) month period at the Bicarb P€ant. 15.1.c. Notwithstanding the foregoing, in the event Seller determines, in its sole discretion, that it will no longer operate its GP Facility, it agrees to provide Buyer a one-year written notice of that impending change of operation. Provided, however, that if that determination is made within the Primary Term of this Agreement, and Seller recommences operations of the GP Facility, it will still be subject to the terms and conditions of this Agreement. Gas Purchase Sr Sale Agreement American. Soda, LLP (Buyer) & Williams Production RMT Co. (Seller) A meri canSod aG asPurchaseAg m tFinal0504/51612004 Page 9 of 27 • 15.1.d. Notwithstanding the foregoing, in no event may Seller terminate this Agreement under Section 15.1 (a), (b), or (c) prior to September 30, 2005. Section 16. Disputes 16.1 Initiation of Procedure: Either Party wishing to initiate the dispute resolution procedures with respect to a dispute not resolved in the ordinary course of business, must give written notice of the dispute to the other Party ("Dispute Notice"). The Dispute Notice will include: 16.1.a. A statement of that Party's position and a summary of arguments supporting that position, and 16.1.b. The name and title of the executive who will represent that Party, and of any other person who will accompany the executive, in the negotiations under Section 16.2 below. 16,2 Negotiations Between Executives: If one Party has given a Dispute Notice under Section 16.1 above, the Parties will attempt in good faith to resolve the Dispute within forty five (45) days of the Notice by negotiation between executives who have authority to settle the Dispute and who are at a higher level of management than the persons with direct • responsibility for administration of this Agreement or the matter in Dispute. Within 15 days after delivery of the Dispute Notice, the receiving Party will submit to the other a written response. The response will include: 16.2.a. A statement of that Party's position and a summary of arguments supporting that position, and 16.2.b. The name and title of the executive who will represent that Party and of any other person who will accompany the executive. Within forty five (45) days after delivery of the Dispute Notice, the executives of both Parties will meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary, to attempt to resolve the Dispute. 16.3 Mediation: If the Dispute has not been resolved by negotiation under 16.2 within forty five (45) days of the Dispute Notice, and only in such event, either Party may initiate the mediation procedure of this Section by giving written notice to the other Party ("Mediation Notice"). The Parties will endeavor to settle the Dispute by mediation within ninety (90) days of the Mediation Notice under the then current Center for Public Resource (CPR) Model Mediation Procedure for Business Disputes. If the Parties have not agreed upon a mediator within seven (7) days after the Mediation Notice, either Party may request CPR's established rules for an expedited discovery procedure and will resolve all disputes with regard to discovery between the Parties. These discovery rules will include: • Gas Purchase & Sale Agreement American Soda, LLP (Buyer) & Williams Production RMT Co. (Seller) Ameri ca nSod a GasPu rchaseA gm tFi n aI05 041516120 04 Page 10 of 27 • • • 16.3.a. A schedule for the discovery process that will not, unless the Parties agree otherwise, exceed thirty (30) days, 16.3.b. The exchange of documents that counsel representing each Party will certify to the other Party includes all documents in the possession of that Party that are relevant to the Dispute that are not subject to exclusion because of privilege or confidentiality obligation, and 16.3.c. If the mediator has not already done so during the mediation process, at least seven (7) days before the end of the ninety (90) -day mediation period, the mediator will provide to each Party a written summary of his conclusions regarding the outcome of the Dispute if it is submitted to arbitration under Section 16.4 below. Each Party will assume its own costs of legal representation and expert witnesses and the Parties will share equally the costs of the mediation. The mediation will take place at a mutually agreed upon place. 16.4 Arbitration: If the Dispute has not been resolved under 16.3 within ninety (90) days of the Mediation Notice, and only in such event, either Party may initiate the arbitration procedure of this Section by giving written notice to the other Party (the "Arbitration Notice"). The Dispute will be finally resolved by binding arbitration in accordance with the then current CPR's Non -Administered Arbitration Rules by a single arbitrator. The arbitrator will be selected by mutual agreement of the Parties; however, if the Parties have not selected the arbitrator within fifteen (15) days after the Arbitration Notice, the arbitrator will be selected under Rule 6 of the CPR's Rules. The arbitration will be governed by the United States Arbitration Action, 9 U.S.C. Sections 1-16, as amended, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction. Each Party irrevocably waives any right to recover punitive damages with respect to any Dispute resolved by arbitration. The statue of limitations of the State of Colorado applicable to the commencement of a lawsuit will apply to the commencement of an arbitration under this Agreement, except that no defense will be available based upon the passage of time during any negotiation of mediation called for by the preceding subsections of the Section. Each Party will assume its own costs of legal representation and expert witnesses and the Parties will share equally the costs of the arbitration. The arbitration will award pre -judgment interest in accordance with the law(s) of Colorado applicable to the Dispute. The arbitration will take place in a mutually acceptable place. 16.5 Tolling of Statute of Limitations: All applicable statutes of limitation(s) and defenses based upon the passage of time shall be tolled while the procedures specified above Section 16 are pending. The Parties will take any action required to effectuate such tolling. Each Party is required to continue to perform its obligations under this Agreement Gas Purchase & Sale Agreement American Soda, LLP (Buyer) & Williams Production RMT Co. (Seller) AmericanSodaGasPurchaseAgm tFinaW5O41516/204 Page 11 of 27 pending final resolution of any Dispute, unless to do so would be impossible or impracticable under the circumstances. Section 17. Insurance 17.1 Unless otherwise agreed by Seller, during the term of this Agreement, Buyer shall provide and maintain in effect the following types and amounts of insurance as specified on the attached Exhibit C with insurance companies satisfactory to Seller, Section 18. Liens Buyer shall assume, pay and discharge any and all liabilities, claims or demands arising out of labor or material furnished in connection with the construction of the Plant or in any way connected with the performance of the work on the Plant, and shall maintain Seller's property free and clear of any and all liens, claims or encumbrances of any type or description whatsoever arising out of the failure by Buyer or one of its subcontractors to make such payments when due. If Buyer disputes in good faith any lien, claim or encumbrance of any laborer, materialman or subcontractor, in lieu of immediate payment thereof, Buyer shall post adequate security to protect Seller from liability for the payment thereof and from any expense of defending against that liability, until the dispute is finally determined. Likewise, Seller shall assume, pay and discharge any and all liabilities, claims or demands arising out of labor or material furnished in connection to the GP Facility, and shall maintain that area where Buyer's Plant, Pipeline and various easements are located free and clear of any and all liens, claims or encumbrances of any type or description whatsoever arising out of failure of Seiler or one of its contractors or subcontractors to make such payments when due. If Seller disputes in good faith any lien, claire or encumbrance of any laborer, rnaterialman or subcontractor, in lieu of immediate payment thereof, Seller shall post adequate security to protect Buyer from liability for payment thereof and from any expense of defending against that liability, until the dispute is finally determined. Further, and pursuant to Section 2.4 and Section 13, Seller and Buyer agree to pay any and all taxes due owing by them to any taxing authority on the real and personal property of the GP Facility, Plant and Pipeline in a timely manner, holding the other party harmless from any lien or liability which might be assessed against their respective properties. Section 19. Successors and Assigns This Agreement shall be binding on an inure to the benefit of Seller and Buyer and their respective successors and assigns; provided, however, that this Agreement may be assigned only to owners or operators of the Buyer's Bicarb Plant or the GP Facility, or their respective affiliates, and any purported assignment to any other party shall be void and of no effect. Gas Purchase 8& Sale Agreement American. Soda, LLP (Buyer) & Williams Production RMT Co. (Seller) AmericanSadaGasPurchaseAgmtFinal05114,151612004 Page 12 of 27 • Section 20. Notices All notices hereunder shall be in writing and may be sent by facsimile or mutually acceptable electronic means, or nationally recognized overnight courier service, first class mail or hand delivery. Such notice shall be deemed to have been given on the date of the delivery thereof to the Party receiving such notice. Any Party may change its address upon notice to the other Party. Addresses for notices, communications and statements to the Parties shall be given as follows: To Buyer: American Soda, LLP 2717 County Road 215 Parachute, CO 81635 Attn: Charlie Yates, General Manager Fax: (970) 285-6393 Tel: (970) 285-6500 To Seller: Williams Production RMT Company 1058 County Road 215 Parachute, CO 81635 Attn: Steve Soychak, District Manager Fax: (970) 285-9573 Tel: (970) 285-9377 Section 21. Miscellaneous 21.1 Confidentiality of Terms: The terms of this Agreement and the results of any audit conducted hereunder shall not be disclosed to any non -Party except when the disclosure is: 21.1.a. Required by law; 21.1.b. Requested by either Party's independent public accountants; 21.1.c. Required pursuant to a loan agreement; 21.1.d. Required to be disclosed in connection with the prosecution or defense of any litigation; or 21.1.e. Is otherwise agreed in writing to be disclosed. 21,2 Conduct of the Parties' Business: Each Party in the performance of this Agreement is engaged in an independent business and nothing herein contained shall be construed as giving either Party any right to control the other Party in any way in the performance of the other Party's business. Neither Party shall have any right to exercise control over any of the other Party's employees, representatives, agents or contractors of any level. All employees, representatives, agents or contractors of any level of a Party shall be entirely under the control and direction of that Party, which shall be solely responsible for their actions and omissions. Gas Purchase & Sale Agreement American Soda, LLP (Buyer) & Williams Production RMT Co. (Seller) AmericanSodaCasPurchaseAgmtFinalO504/5/6J2004 Page 13 of 27 21.3 No Third Party Beneficiary: Nothing in this Agreement shall entitle any person other than Buyer or Seller, or their successors or assigns, to any claim, cause of action, remedy or right of any kind relating to the subject matter of this Agreement. 21.4 Waivers: No waiver by either Party of its rights or of any default by the other Party under this Agreement shall operate or be construed as a continuing waiver of such rights or as a waiver of any future default, whether of a like or different character. Any change, modification, amendment or alteration of this Agreement shall be in writing and signed by the Parties hereto and no course of dealing between the Parties prior or subsequent to the date of this Agreement shall be construed to change, modify, amend, alter or waive the terms hereof. 21.5 Severability: The invalidity of any one or more covenants or provisions of this Agreement shall not affect the validity of any other provisions hereof, and in case of any such invalidity, this Agreement shall be construed to the maximum extent possible as if such invalid provision(s) had not been included herein. 21.6 Integration: This Agreement and the Grant of Easements attached hereto as Exhibit "A" constitute the entire Agreement of the Parties respecting the matters addressed herein and supersedes all prior negotiations, proposals, inquiries, commitments and agreements, whether written or oral. 21.7 Construction: The Parties acknowledge and agree that the terms and conditions of this Agreement were freely negotiated and drafted jointly by the Parties, and the Parties further expressly agree that in the event of any ambiguity in any of the terms and conditions of this Agreement, such ambiguity shall not be construed for or against either Party on the basis that such Party did or did not author the same, 21.8 Headings: The headings of the Articles, Sections and. Paragraphs of this Agreement are for convenience of reference only and shall not constitute part, nor modify, define or limit any of the terms of provisions hereof. 21.9 Counterparts: This Agreement may be executed in several counterparts, each of which shall be deemed an original but all of which together shall constitute one Agreement binding on the Parties hereto. 21.10 Choice of Law: This Agreement shall be governed by and construed in accordance with the laws of Colorado. 21.11 Limitation of Liability: Notwithstanding any other provisions in this Agreement, neither Seller nor Buyer shall be liable to the other for any incidental, indirect, special, consequential, punitive or reliance damages of any nature whatsoever regardless of the foreseeability thereof (including, but not limited to, any claim for lost profits) arising under or in connection with this Agreement. Gas Purchase & Sale Agreement American Soda, LLP (Buyer) Sr Williams Production RMT Co. (Seller) A me ri canSod aG a s P urchase Agm tF in al 0504/5/6/20 04 Page 14 of 27 IN WITNESS WHEREOF, the Parties hereto have caused this Gas Purchase and Sale Agreement to be executed by their respective duly authorized representatives, effective as of the date first set forth above. AMERICAN SODA, LLP, WILLIAMS PRODUCTION RMT COMPANY, a Colorado Limited Liability Partnership a Delaware car leL By: // M ,C e7e d'?- a CrW/ Its: E -9e -c, --"e efy r- /4'/ , // dewier ,' ration printWar j� ne Title: Y r F-00121+1 n[ t ? !m a di Oki - Gas Purchase 8& Sale Agreement American Soda, LLP (Buyer) & Williams Production RMT Co. (Seiler) AmericanSodaGasPurchaseAgmtFinalO504/5/6/2004 Page 15 of 27 • • Exhibit Al EXHIBIT "A" GRANT OF EASEMENTS Williams Production RMT Company, a Delaware Corporation ("Grantor"), with an address of 1515 Arapahoe Street, Tower 3, Suite 1000, Denver, Colorado 80202, for and in consideration of the sum of One Hundred Dollars ($100.00) and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby grant and convey to American Soda, LLP, a Colorado limited liability partnership ("Grantee"), with an address of 2717 County Road 215, Parachute, Colorado 81635, the following rights, privileges and easements in Garfield. County, Colorado: A. Site Easement: An easement to construct, inspect, modify, operate, maintain and repair a carbon dioxide gas processing plant (the "Plant") on a parcel of land 180 feet by 200 feet in the NW1/4, NE 1/4 of Section 33, T. 65, R. 96W, 6th P.M. and more fully described on the plat attached to this Grant (the „Site Easement"). B. Road: A nonexclusive right-of-way for the construction, maintenance, repair. improvement and use of a road 30 feet in width to access the Site Easement, and all necessary culverts and bridges, on, over and across a strip of land 30 feet in width in the NW1/4, NE1/4. of Section 33, T. 65, R. 96W, 6th P.M., and more fully described on the plat attached to this Grant (the "Road Easement"). C. Pipelines: A nonexclusive right-of-way 10 feet in width during construction and 5 feet in width following construction for the installation, construction, maintenance, repair, use of a pipeline, and all appurtenant equipment and appliances, for the transportation of carbon dioxide gas on, over, under, across and through a strip of land 10 feet in width in the NW I/4, NE1/4, SW 114,, NE1/4 and NW1/4, SEIM, NEI/4, SEIl4 of Section 33 , and SW114, SW 1/4 of Section 34, T. 65, R. 96W, 6th P.M., and more fully described on the plat attached to this Grant (the "Pipeline Easement"). D. Powerline: A nonexclusive right-of-way 5 feet in width during construction and 5 feet in width following construction for the installation, construction, maintenance, repair, use, and all appurtenant equipment and appliances, to provide power for the Plant, through a strip of land 5 feet in width in the SE1f4,SE114,SW1l4,NE114,NW 1f4,NEIf4, of Section 33 and NW1/4, SW 114 of Section 34, T. 65, R. 96W, 6th P.M., and more fully described on the plat attached to this Grant (the "Powerline Easement"). The Site Easement, Road Easement, Pipeline, and Powerline Easement are collectively referred to as the "Easements." TO HAVE AND TO HOLD the Easements unto Grantee for the Term set forth below. Gas Purchase & Sale Agreement American Soda, LLP (Buyer) & Williams Production RMT Co. (Seller) AmericanSodaGasPurchaseAgmtFinal0504/5f 6!2004 Page 16 of 27 • It is further agreed as follows: 1. Term. This Grant of Easements terminates upon termination of that certain Gas Purchase and Sale Agreement, covering carbon dioxide gas, dated May 6, 2004 by and between Williams Production RMT Company, as Seller and American Soda. LLP, as Buyer (the "Gas Purchase Agreement".) 2. Taxes. Whether or not taxes, assessments or public charges are separately assessed against Grantee, Grantee shall pay taxes, assessments or public charges levied or imposed upon the Easement herein granted or upon personal property, improvements or fixtures owned or placed by Grantee on or under the Easement lands, subject to its right to contest same, provided that in no event shall Grantee permit the Easements to be sold for tax purposes. In the event said taxes, assessments or public charges are not separately assessed, then promptly following written notice from Grantor, Grantee shall reimburse Grantor for any taxes, assessments or public charges attributable to the Easements herein granted or Grantee's personal property, improvements or fixtures located on or under the Easement lands, 3. Liens. Grantee shall keep the Easements free and clear of all liens or encumbrances at all times, subject to its right to contest any lien in good faith; provided, however, that the lien and encumbrance of any general mortgage and indenture into which Grantee might enter shall not be affected by this provision, if said mortgage is subordinated to Grantee's obligation under this Grant of Easements. 4. Marking of Easements. Grantee shall have the non-exclusive right to mark the location of its Easements by suitable markers set on the ground. 5. Operations on the Easement Lands. Grantee shall construct, operate, and maintain its Easements in a safe, clean, lawful and workmanlike manner and in accordance with accepted industry standards including, but not limited to, the following: a. Lay -down areas' location will be subject to Grantor's approval. which approval shall not be unreasonably withheld. b. The Road shall be graded and maintained to Grantor's reasonable satisfaction. c. Grantee shall bury the Pipeline and any subsurface equipment at least to a depth of thirty-six (36) inches from finished grade, except in areas in which consolidated rock is encountered. In such consolidated rock, Grantee shall bury the Pipeline and any subsurface facilities at least to a depth of twenty-four (24) inches from finished grade except where such burial is not reasonably feasible due to the terrain. d. Grantee shall provide casing for any portion of the Pipeline within heavy load crossing access routes, as reasonably designated by Grantor, from time to time, or at Grantee's option, shall bury said Pipeline to a depth sufficient to accommodate heavy load crossing routes. e. Grantee shall provide prompt notice by telephone to Grantor of any material obstructions discovered during construction on or within the Easement lands which may reasonably require Grantor's cooperative removal to facilitate subsequent use of the Easements; provided, however, that Grantor has no obligation to remove obstructions or to pay any of the costs thereof. 6. Reclamation. Following any construction, Grantee shall reclaim to Grantor's reasonable satisfaction the Easement lands, utilizing a contractor reasonably approved by Grantor. Such reclamation shall consist of the removal of facilities located above the surface of the ground. The slopes shall be graded back to be stable and fertilized, seeded and mulched for re -vegetation. On the Easement lands a seed mixture shall be as listed, fertilized as listed and some areas of critical concern shall require mulching. Gas Purchase & Sale Agreement American Soda, LLP (Buyer) & Williams Production RMT Co. (Seller) AmericanSodaGasPurchaseAgmtFinalO5o4/516!21144 Page 17of27 • • Seed Mixture Required Per Acre: Pounds Pure Species Origin Live Seed Der Acre Western Wheatgrass Rosana 4.0 Basin Wildrye Magnar 2.0 Sideoats Vaughn 2.0 Alkali Sacaton 1.0 Fertilizer: 250 bulk pounds 43-0-0 Required Per Acre Soil preparation required prior to fertilizing and seeding shall be by tilling to loosen the soil to a minimum depth of six (6) inches. This should be accomplished when backfilling is accomplished and access is in place to the sites. Fertilizer shall be applied prior to soil preparation if the tillage follows soon after. The seed planting should be accomplished with a drill seeder so that the seed is incorporated into the soil at a depth of 1/4 -' inch and some scattered on the surface. Hay mulch, where required, will be grass hay applied uniformly at rate of 1 V2 tons per acre and crimped or mechanically anchored into the sail. 7. Use of Easement Lands. Grantor shall have the right to use and enjoy the Easement lands, but shall not exercise the use and enjoyment in a manner that will impair or interfere with the exercise by Grantee of any of the rights herein granted. 8. Subordination. Grantee shall have the right to discharge or redeem for Grantor. in whole or in part, any mortgage, tax or other lien an the Easement lands and thereupon be subrogated to such lien and rights incident thereto. 9. Assignability. The Easements may not be assigned without the prior written consent of Grantor, which shall not be unreasonably withheld. 10. No Waiver. The failure of Grantor to insist on strict performance of any of the terms hereof shall not be deemed a waiver of any rights or remedies that Grantor may have for any subsequent breach, default or nonperformance of the terms hereof. 11. Covenants Run with the Land. This instrument and the rights, easements and agreements herein contained shall be covenants running with the land and shall inure to the benefit of and be binding upon the successors and assigns of Grantor and Grantee. Dated this 6th day of May 2004. GRANTOR: WILLIAMS PRODUCTION RMT COMPANY, a Delaware corporation Gas Purchase & Sale Agreement American Soda, LLP (Buyer) & Williams Production RMT Co. (Seller) ArnericanSodaGasPurchaseAgmtFinal0504/5/6/2004 Page 18 of 27 • STATE OF COLORADO CITY AND COUNTY OF DENVER. ) ss. ) By: Title: GRANTEE: AMERICAN SODA, LLT, a Colorado Limited Liability Partnership By: Its: The foregoing instrument was acknowledged before me this day of , as _ of Williams Production RMT Company, a Delaware corporation. Witness my hand and seal. My Commission expires: 2004, by Notary Public Gas Purchase 8z Sale Agreement American Soda, LLP (Buyer) & Williams Production RMT Co. (Seller) AmericanSodaGasPurchaseAgmtFina10504/5/6/2004 Page 19 of 27 • STATE OF COLORADO ) )ss_ COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2004, by , as of American Soda, LLP, a Colorado limited. liability partnership. Witness my hand and seal. My Commission expires: - - Notary Public Gas Purchase & Sale Agreement American Soda, LLP (Buyer) & Williams Production RMT Co, (Seller) AmericanSodaGasPurchaseAgmtFinal0504/5/612004 Page 20of27 • • Exhibit Process Description CO2 Gas Recovery American Soda/Williams Parachute Plants Phase I Due to the upcoming shutdown of American Soda's Piceance nahcolite mining and processing plant, American Soda proposes to move their CO2 gas recovery equipment from the Piceance Plant to Williams' Parachute Creek Natural Gas Process Plant. CO2 currently vented at the Williams site will be recovered for use as a feedstock material for American Soda's sodium bicarbonate production. A new CO2 gas pipeline will be constructed to connect the Williams plant with American Soda's Plant. The project will take place in two phases. Phase 1 will produce a gaseous CO2 product only. Phase II will install the additional equipment required to produce a liquefied CO2 product. The following is a process description for the Phase 1 CO2 recovery process. L CO2 Compression 1.1. The recovery system will tie-in between the current CO2 Vent Tank and the CO2 Vent Stack. Gas from there will enter two CO2 compressors that will compress the gas from 115 °F and atmospheric pressure (12.14 PSIA) to 100 PSIA and 207 °F. 1.2. From the compressors, gas will flow to a secondary oil coalescer to remove any residual oil. This oil will be collected for lube oil disposal or recycle. 1.3. Frorn the coalescer, gas will flow to the CO2 After Cooler where the heat from compression will be removed by cooling the gas down to 95°F. The After Cooler is a shell and tube heat exchanger with ammonia on the shell side to provide the cooling media. Gas Purchase 82: Sale Agreement American Soda, LLP (Buyer) ez Williams Production RMT Co. (Seller) AmericansodaGasPurchaseAgmtFina10504f 51612]04 Page 21 of 27 • • 1.4. The cooled gas leaving the After Cooler will go into a knock -out pot to remove condensed water (the "Waste Water"). It is expected that C6t hydrocarbons will also separate out of the gas as a liquid in this pot. The pot will drain by level control to the Seller. 1.5. The cooled gas will then flow to the CO2 After Chiller where the temperature will be reduced to 45 'F. The After Chiller is a shell and tube heat exchanger with ammonia on the shell side providing the cooling. 1.6. The cooled gas leaving the After Chiller will go into a knock -out pot to remove condensed water (the "Waste Water"). It is expected that additional C6+ hydrocarbons will also separate out of the gas as a liquid in this pot. The pot will drain by level control to the Seller. 2. CO2Drying 2.1. The gas leaving the knock -out pot will enter one of two CO2dryers containing an aluminum oxide desiccant (Alcoa SelexsorbC CD). The second dryer will be in regeneration mode. The desiccant will dry the gas to a -80 °F dew point. In addition to removing water, the desiccant will also remove polar hydrocarbons such as alcohols, ketones, and ethers. 2.2. Regeneration is performed by recycling some of the dry processed CO2 from the storage tank to an electric heater that will heat the gas to 500 °F before entering the dryer to perform regeneration. 2.3. Regeneration time for a dryer is about 12 hours. During this time, the off -gases from the dryer will be returned to the existing Williams CO2 Vent Stack. 3. Carbon Columns 3.1. Dried gas from the dryer will flow to one of two sets of carbon columns. The carbon columns are arranged in two sets so one can be in operation while the other is regenerating. Gas Purchase & Sale Agreement American Soda, LLP (Buyer) Sr Williams Production RMT Co. (Seller) Ameri ca nS o d aG asPurchaseA g m tFi n a I f }5 o4/5/6/2D0 4 Page 22 of 27 3.2. The two columns in a set are arranged in series. The first column is filled with 2,020 lbs of Barnebey (Sr Sutcliffe's CJ activated carbon This carbon is design to remove sulfur species and odors. The second column is filled with an additional 1,788 lbs of CJ carbon, topped -off with 1,438 lbs of Barnebey 8r Sutcliffe's 208C carbon. The 208C carbon is designed to remove C4+ hydrocarbons. 3.3. Like the dryers, the carbon columns are regenerated with hot CO2 gas that is recycled from the storage tank and heated to 500 °F by an electric heater. Regeneration time is approximately 12 hours. The off -gases will be returned to the existing CO2 Vent Stack. 4. Storage and Transport 4.1. Clean CO2 gas leaving the carbon columns will flow to a storage tank located at the Williams site. The tank will provide surge volume between the CO2 recovery process and the new pipeline that will deliver CO2 to American Soda's Parachute plant. The tank will also provide recycle CO2 for equipment regeneration. 4.2. The storage tank is a 4,053 Ft.3 vessel with a design pressure of 350 PSIG at 200°F. At 100 PSIA and 45 °F, the tank will hold approximately 3,500 lbs of gaseous CO2. 5. Ammonia System 5.1. Refrigerated ammonia will be used in the CO2 After Chiller to cool the CO2 after compression. Compression for the gaseous ammonia will be provided by a new ammonia compressor that will boost the ammonia pressure from about GO PSIA to 172 PSIA. At this pressure, gaseous ammonia will condense at about 87 °F. 5.2. After leaving the ammonia compressor, the gaseous ammonia will be condensed to a liquid in two ammonia evaporator coolers. The coolers will rely upon air-cooled fans for condenser cooling except during hot summer days. During that time, water will be sprayed onto the fans to provide additional evaporative cooling. 5.3. Ammonia liquid from the condensers will gravity drain to the Ammonia Receiver Tank. An ammonia pump will pump liquid out of the tank and distribute it to the process heat exchangers. Gas Purchase & Sale Agreement American Soda, LLP (Buyer) & Williams Production RMT Co. (Seller) A meri canSo d aGas P u rc haseAgm tFina 105O4/5/6/2OO4 Page 23 of 27 5.4. The total amount of ammonia in the system is 9,700 lbs. This requires that the operating amount of ammonia in the storage tank be about 2,700 lbs. ti. Other Items 6.1. The CO2 and ammonia compressors are Frick rotary screw compressors. Oil and CO2 leave the discharge of the compressors and is separated in oil separator immediately down stream of the compressor discharge. The oil is cooled by ammonia refrigeration and returned to the compressor. 6.2. A bypass valve will be installed around the recovery tie-in point to allow CO2 from Williams' gas processing plant to vent to the existing CO2 Vent Stack when the CO2 recovery system is down. Gas Purchase & Sale Agreement American Soda, LLP (Buyer) & Williams Production RMT Co. (Seller) AmericanSodaGasPurchaseAgmtFina10504f 5/6/2004 Page 24 of 27 • Exhibit C SPECIAL CATEGORY Contractor's Insurance Requirements CONTRACTOR will carry or cause to be carried and maintained in force throughout the entire term of this contract insurance as described in paragraphs (A) through (I) below with insurance companies acceptable to COMPANY. The limits set forth below are minimum limits and will not be construed to limit CONTRACTOR'S liability. All costs and deductible amounts will be for the sole account of the CONTRACTOR. (A) Workers' Compensation insurance complying with the laws of the State or States having jurisdiction over each employee, whether or not CONTRACTOR is required by such laws to maintain such insurance, and Employer's Liability with limits of $1,000,000 each accident, $1,000,000 disease each employee, and $1,000,000 disease policy limit. If work is to be performed in North Dakota, Ohio, Washington, Wyoming or West Virginia, CONTRACTOR will participate in the appropriate state fund(s) to cover all eligible employees and provide a stop gap endorsement. If work is to be performed offshore or on navigable waterways, this insurance shall be endorsed to provide full Maritime Liability coverage, including Longshore and Harbor Workers Act, including Outer Continental Shelf Lands Act, Jones Act, Death on High Seas Act and In Rem. (B) Commercial or Comprehensive General Liability insurance on an occurrence form with a combined single limit of $1,000,000 each occurrence, and annual aggregates of $1,000,000, for bodily injury and property damage, including coverage for premises -operations, blanket contractual liability, broad form property damage, personal injury liability, independent contractors, products/completed operations, sudden and accidental pollution and explosion, collapse and underground. (C) Automobile Liability insurance with a combined single limit of $1,000,000 each occurrence far bodily injury and property damage to include coverage for all owned, non -owned, and hired vehicles. (D) (E) Excess or Umbrella Liability insurance with a combined single limit of $5,000,000 each occurrence, and annual aggregates of $5,000,000, for bodily injury and property damage covering excess of Empioyer's Liability and the insurance described in (B) and (C) above. If watercraft are used for the performance of the work, Protection and Indemnity insurance with a combined single limit of $5,000,000 each occurrence for bodily injury and property damage including coverage for chartered vessels, members of crew, In Rem, contractual liability, collision, and towers liability. In addition, Hull and Machinery insurance Gas Purchase & Sale Agreement American Soda, LLP (Buyer) & Williams Production RMT Co. (Seiler) Ameri c anSod a GasPurch a seAg m tF i n a l Q5O4/5/6/2004 Page 25 of 27 will be carried in amounts equal to the market value of all vessels owned and/or operated by or for the CONTRACTOR. (F) If aircraft are used for the performance of the work, Aircraft Liability insurance with a combined single limit of $5,000,000 each occurrence for bodily injury and property damage including, passenger liability (subject to a minimum limit of $1,000,000 per passenger), and contractual liability covering all owned and non -owned aircraft. (0) If engineering or design activities are part of the contract scope, Professional Liability insurance with limits of $5,000,000 each occurrence covering acts, errors, omissions committed or alleged to have been committed by the Contractor, including coverage for loss of use, loss of income and loss of business. (H) If a waste disposal or treatment facility or a waste hauler, or remedial action is involved for the performance of work, Pollution Legal Liability in the amount of $5,000,000 per loss, with an annual aggregate of $5,000,000 and shall cover losses caused by pollution conditions that arise from the operations of the Contractor described under Work as defined in this Agreement. Coverage shall apply to bodily injury, property damage, including loss of use of damaged property or of property that has not been physically injured; cleanup costs; and defense, including costs and expenses incurred in the investigation, defense, or settlement of claims. (1) A policy providing General Liability and Contractors Pollution Legal Liability shall be acceptable in meeting the requirements of paragraphs B and H above, provided that the limits of such combined policy are at least $6,000,000. A policy providing General Liability, Contractors Pollution Legal Liability and Environmental Professional Liability shall be acceptable in meeting the requirements of paragraphs B, G and H above, provided that the limits of such combined policy are at least $10,000,000. If the performance of the work described in this contract involves the disposal of any hazardous or non hazardous materials from the job site, the CONTRACTOR must furnish to the COMPANY evidence of pollution legal liability insurance maintained by the disposal site operator for losses arising from the insured facility accepting waste under this contract. Coverage certified to the COMPANY under this paragraph must be maintained in minimum amounts of $5,000,000 per loss, with an annual aggregate of at least $10,000,000. For offshore pipeline construction, Builder's Risk and Transportation and Installation (Cargo) insurance covering all risk of physical loss or damage to all property, material and equipment during construction, while in transit, during loading and unloading, while in storage, while at another location for repair and during installation for the full insurable value of the project when completed. This insurance shall cover the entire period of construction until final acceptance by COMPANY. COMPANY will be named as an insured under this insurance, and this insurance will be endorsed to provide primary insurance for COMPANY. Gas Purchase & Sale Agreement American Soda, LLP (Buyer) & Williams Production RMT Co. (Seller) Americ anSod a G as Pu rch aseAgm tF i na10504/5/61704 4 Page 2.6 of 27 Insurance proceeds will be for the benefit of COMPANY and CONTRACTOR, as their respective interest shall appear. Irrespective of the insurance requirements above, the insolvency, bankruptcy, or failure of any such insurance company providing insurance for CONTRACTOR, or the failure of any such insurance company to pay claims that occur will not be held to waive any of the provisions hereof. In each of the above described policies, CONTRACTOR agrees to waive and will require its insurers to waive any rights of subrogation or recovery they may have against COMPANY, its parent, subsidiary or affiliated companies. Under the insurance policies described in (B) -(F) above, COMPANY, its parent, subsidiary and affiliated companies will be named as additional insureds as respects CONTRACTOR'S operations and as respects any work performed under this contract, and this insurance will be primary over any other insurance maintained by COMPANY, its parent, subsidiary or affiliated companies. The additional insured endorsement per Exhibit A will be endorsed to all such policies of CONTRACTOR. Any cost associated with naming these additional insureds is included in the contract cost. Non -renewal or cancellation of policies described above, will be effective only after written notice is received by COMPANY from the insurance company thirty (30) days in advance of any such non- renewal or cancellation. Prior to commencing the Work hereunder, CONTRACTOR will deliver to COMPANY certificates of insurance on an Acord form and the additional insured and other insurance endorsements evidencing the existence of the insurance required above. In the event of a loss or claim arising out of or in connection with this contract, CONTRACTOR agrees, upon request of COMPANY, to submit the original or a certified copy of its insurance policies for inspection by COMPANY. Gas Purchase $L Sale Agreement American Soda, LLP (Buyer) & Williams Production RMT Co. (Seller) Amer icanSodaGasPurchaseAgmtFina10504/5/612004 Page 27 of 27 APPENDIX D WATER RIGHTS • • • WATER DECREES • • • DISTRICT COURT, WATER DIVISION NO. 5, COLORADO Garfield County Courthouse 109 $`h Street, Suite 104 Glenwood Springs, CO 81601 _ ,'y A COURT USE ONLY E 3_, • Applicant: American Soda, L.L.P., a Colorado Limited Liability Partnership, in GARFIELD County, Colorado (with augmentation sources from Garfield, Grand, Pitkin and Eagle Counties). Christopher L. Coyle, Esq.. Atte. Reg. No. 29669 American Soda, L.L.P. 501 Wooden Deer Road Carbondale, CO 81623 Phone Number: (970) 963 -7210 Fax. Number: (970) 963 - 7234 E-mail: chriscoyle85@hotmail.com Case Number: 99CW300 Division: Water Division No. 5 FINDINGS OF FACT, JUDGMENT, AND DECREE OF WATER COURT This matter came before the Court upon the Application of American Soda, L.L.P.. a Colorado Limited Liability Partnership, for change of water rights. Applicant filed an Amended Application on April 28, 2000. The Water Judge referred the Amended Application to the undersigned as Water Referee for Water Division No. 5, State of Colorado, in accordance with Article 92 of Chapter 37, Colorado Revised Statutes 1973, known as the Water Rights Determination and Administration Act of 1969. The Amended Application was rereferred to the Water Judge on August 4, 2003. The undersigned has made such investigations as are necessary to determine whether or not the statements in the Amended Application are true and has become fully advised with respect to the subject mauer-of _th,e amended Applicatior► The Water -Judge hereby makes--thfac-ing determination and ruling in this matter. • I. FINDINGS OF FACT 1. Applicant filed an Application for change of water rights on December 28. 1999. Applicant filed an Amended Application for change of water rights and for approval of amendment to plan For augmentation on April 28, 2000. ?. The Application and Amended Application (referred to collectively hereinafter as "Applications") were properly published in the resume for Water Division No. 5. All notices required by law have been made, and the Court has jurisdiction over the Applications and over all of the parties in this case. 3. Exxon Company, U.S.A.; the State and Division Engineers; Municipal Subdistrict, Northern Colorado Water Conservancy District; Union Oil Company of California (dibla UNOCAL); and Colorado Division of Wildlife each tiled a timely Statement of Opposition to the Application. City of Glenwood Springs, Town of Parachute, and Glenwood Land Company. LLC each filed a timely Statement of Opposition to the Amended Application. No other statements of opposition were filed, and the time for filing such statements has expired. The said Objectors have consented to entry of this decree, as is evidenced by the stipulations with the Applicant on file with the Court. • CLAIM FOR CH.414GE OF WATER RIGHTS 4. Decreed Names of Structures For W, hick Changes Are Sought: A. Parachute Creek Reservoir B. Pumping Pipeline of Union Oil Company of California C. Union 76 Water Well Nos. 1, 1A, 2, 3, 4 and 5 (under their own decreed priorities and as decreed alternate points of diversion for the Pumping Pipeline) D. Parachute Creek Drainage water rights that were included in the augmentation plan decreed in Case No. W-2206 (as more fully described herein) E. Certain of the Roaring Fork drainage water rights that were included in the augmentation plan in Case No. W-2206 (as more fully described herein) The said water rights may be referred to collectively herein as "Subject Water Rights." Case No. 99CW300 Applicant: American Soda, L.L.P., a Colorado Limited Lability Partnership Findings of Fact, Judgment and Decree of Water Court Page 2 • 5. Information from previous Decree for Parachute :_Creek Reservoir: A. Date Entered: 7/26/1971 Case No.: W-252, Water Division No. 5 Court: District Court in and for Water Division No. 5 B. Decreed Legal Description: The intersection of center line of the dam axis with the center line of Parachute Creek which is located at a point whence the South quarter corner of Section 36, Township 5 South, Range 96 West of the 6th PM, bears North 6'42' East a distance of 9,049.8 feet. C. Source: Parachute Creek and all its tributaries, all of which are tributary to the Colorado River. and the Colorado River from which water will be diverted and carried to said reservoir by means of Applicant's interest in the Pumping Pipeline of Union Oil Company of California. Pursuant to the Decree entered in Case No. W-2206, the reservoir can also be filled and refilled with certain historic consumptive -use credits associated with irrigation in the Roaring Fork River drainage and Parachute Creek drainage (see also paragraphs I I through 15 below). A copy ofthe W-2206 Decree is Exhibit A hereto and incorporated herein by this reference. D. Appropriation Date: 12/15/1966 E. Decreed Amount: 33.773 acre feet (conditional), of which Applicant owns 3,366 acre feet (Applicant owns an undivided 19.93'°o interest as a tenant in common with Union Oil Company of California in one half ofthe reservoir) F. Decreed Uses: mining, retorting, refining, power, municipal, industrial, tnechanical, domestic uses and purposes for which water may be required in connection with the production of shale oil and its products G. Historic Use: N/A H. The Court has entered findings of reasonable diligence regarding Parachute Creek Reservoir in Case Nos. W-252-72, W-252-76, 80CW459, 84CW660, 88CW167, 96CWO1 1. 6. Information from previous Decrees for Pumping Pipeline ofthe Union Oil Company_ of California ("Pumping Pipeline"): A. Date Entered: 9/6/1952 Case No.: Civil Action 4004 Court: Garfield County District Court Case No. 99CW300 Applicant: American Soda, L.L.P., a Colorado Limited Liability Partnership Findings of Fact, Judgment and Decree of Water Court Page 3 • 13. Decreed Point of Diversion: the intake is located at a point on the westerly or northwesterly bank of the Colorado River, whence the section corner common to Sections 6 and 7, Township 7 South, Range 95 West of the 6th P.M., and Sections 1 and 12, Township 7 South, Range 96 West of the 6th P.M. bears South 89005' West 3,364.65 feet. C. Source: Colorado River D. Appropriation Date: 2i14/1949 E. Arnount: 118.5 cfs, ofwhich 1 12.57 cfs are conditional and, ofwhich in turn, Applicant owns 10 cfs (Applicant owns an undivided 8.9% of the 112.37 cfs of conditional water rights decreed to the Pumping Pipeline as tenants-in-common with Union Oil Company of California). F. Decreed Use: industrial, retorting, mining, refining, power, domestic. and all other purposes used in connection with the production of shale oil and its products, and for water necessary or convenient in the operation of such plants, and of the persons and lands used for the housing of employees of such company in connection with the plant and their families G. Historic Use: The water right was decreed for fully consumptive industrial and other purposes. H. Remarks: (1) Certain change decrees were entered for the Pumping Pipeline right in Case Nos. W-3946, 81CW319, 83CW349 (including, for example, to change the right from direct flow to include direct flow and storage for subsequent use, and to include irrigation for reclamation). In 83CW349, the Court also confirmed that the use of the Pumping Pipeline was contemplated to be 100% consumptive (including use and reuse) dating back to the date of the original C.A. 4004 decree. (2) Diligence decrees were entered for the conditional portion of the Pumping Pipeline in Case Nos. W-26, W-26-74, W-26-76, 80CW171, 84CW144, 88CW135, 91CW162, and 94CW 24I. (3) Applicant's Parachute Creek drainage and Roaring Fork River drainage rights (see paragraphs 11 through 15) may also be diverted at the Pipeline, pursuant to the Decree in Case No. W-2206 (see Exhibit A hereto). 7. Information From Previous Decree for Union 76 Water Well No. 1: A. Date Entered: 10/11/1972 Case No. 99CW300 Applicant: American Soda, L.L.P., a Colorado Limited Liability Partnership Findings of Fact, Judgment and Decree of Water Court Page 4 Case No.: W-1345 Court: Water Court in and for Water Division No. 5 B. Decreed Point of Diversion: situated in the NE4NE'% of Section 36. Township 5 South, Range 96 West of the 6th P.M., and is located at a point whence an iron post with a brass cap found in place and properly marked for the closing corner on the section line between Sections 25 and 30 and the southerly line of Tract No. 37 bears North 30°57`30" East 589 feet in Garfield County. C. Source: ground water tributary to Parachute Creek D. Appropriation Date: 7/1/1955 E. Amount: 0. 52 cfs (236 gpm ), absolute F. Decreed Use: domestic. industrial, stock watering. fire protection, and other beneficial purposes G. Historic Use: The right was diverted and used in conjunction with UNOCAL's project for domestic. industrial and fire protection purposes. See also paragraph 7.F., above. H. Remarks: Union 76 Water Well No. 1 is an alternate point of diversion for certain of Applicant's water rights described in the decree in Case No. W-2206 (see also paragraphs 11 through 15 below). Union 76 Water Welt No. 1 is also a decreed alternate point of diversion for 2.75 cfs of the Pumping Pipeline. see Case No. W-3946. 8. Infomiation From Previous Decree for Union 76 Water Well No. 1 A: A. Date Entered: 8/14/1980 Case No. 79CW328 Court: District Court in and for Water Division No. 5 B. Decreed Point of Diversion: located in the NE !4NEV4 of Section 36, Township 5 South, Range 96 West of the 6th P.M. ata point 575 feet South of the North line and 320 feet West of the East line of said Section 36. C. Source: ground water tributary to Parachute Creek D. Appropriation Date: October 13, 1977. The well was approved as a supplemental well for the Union 76 Well No. 1(Perrnit No. 6045-F). Union 76 Well No. 1 A was completed and the water first applied to beneficial use on January 12, 1978. Case No. 99CW300 Applicant: American Soda, L.L.P.. a Colorado Limited Liability Partnership Findings of Fact. Judgment and Decree of Water Court Page 5 E. Amount: In Case No. 79C W328, Union 76 Well No. l A was decreed absolute for 0.52 cfs for livestock watering, tire protection, and irrigation; and conditional for domestic, commercial, municipal, industrial, oil shale mining and processing. In Case No. 84CW126, the conditional uses were decreed absolute. The pumping rate and average annual appropriation of Well Nos. I and I A combined are limited to 236 gpm and 381 acre feet, respectively. F. Decreed Use: See paragraph 8.E.,above.. G. Historic Use: The right was diverted and used in conjunction with UNOCAL's project for the purposes described in paragraph S.E. above. H. Remarks: Union 76 Water Well No. IA is an alternate point of diversion for certain of Applicant's water rights described in the decree in Case No. W-2206 (see also paragraphs 11 through 15 below). Union 76 Water Well No. IA is also decreed as an alternate point of diversion for 175 cfs of the Pumping Pipeline, see Case No. W-3946. 9. Information from previous Decrees for Union -6 \Vater Well Nos. 2 through 5: A. Date Entered: 3/14/1985 Case No. 82CW380 Court: Water Court in and for Water Division No. 5 B. Decreed Points of Diversion: (I) Union 76 Water Well No. 2 is located in the SE' NE1 of Section 36, Township 5 South, Range 96 West, of the 6th P.M., at a point 1550 feet from the North section line and 550 feet from the East section line ofsaid section. (2) Union 76 Water Well No. 3 is located in the NE'/4 S E'f., of Section 36, Township South, Range 96 West, of the 6th P.M., at a point 1950 feet from the South section line and 850 feet from the East section line ofsaid section. (3) Union 76 Water Well No. 4 is located in the SET 4 SE' < of Section 25, Township 5 South, Range 96 West, of the 6th P.M., at a point 1 300 feet from the South section line and 650 feet from the East section line of said section. (4) Union 76 Water Well No. 5 is located in the SE' 4 S E' 4 o f Section 25, Township 5 South, Range 96 West, of the 6th P.T.. at a point 400 feet from the South section line and 350 feet from the East section line of said section. C. Source: alluvium of Parachute Creek Case No. 99CW300 Applicant: American Soda, L.L.P.. a Colorado Limited Liability Partnership Findings of Fact, Judgment and Decree of Water Court Page 6 • D. Appropriation Date: 12i4/1980 E. Amount and Uses: (1) Absolute for industrial, domestic, and all other uses related to the provision ofa water supply for shale minim, processing and refining facilities and operations, including storage (hereinafter referred to as "industrial and domestic uses"): (a) Union 76 Water Well No. 2: 0.495 cis (222 gpm) (b) Union 76 Water Well No. 3: 0.52.1 cfs (235 grpm) (c) Union 76 Water Well No. 4: 0.557 cfs (250 gpm) (d) Union 76 Water Well No. 5: 0.557 cfs (250 gpm) (2) Conditional for industrial and domestic uses: (a) Union 76 Water Well No. 2: 0.062 cfs (28 gpm) (b) Union 76 Water Well No. 3: 0.033 cfs (15 gpm) (3) Conditional for municipal and irrigation uses in the amount of 0.557 cfs (250 gpm) for each well. F. Historic Use: The rights were diverted and used in conjunction with UNOCAL's project for the purposes described in paragraph 9.E.. above, Case No, 99CW300 Applicant: American. Soda, L.L.P., a Colorado Limited Liability Partnership Findings of Fact, Judgment and Decree of Water Court Page 7 • G. Remarks: (1) These wells are alternate points of diversion for certain of Applicant's water rights described in the decree in Case No. W-2206 (see also paragraphs 11 through 15 below), and alternate points of diversion for a portion of the Pumping Pipeline under the W-3946 decree. (2) Applicant's predecessors have maintained diligence on these rights in Case Nos. 89CW58 (wherein portions were also made absolute), and 97CW58. (3) American Soda does not seek to change the conditional municipal and irrigation uses decreed to Union 76 Water Well Nos. 2 through 5, and no such change is granted herein. These municipal and irrigation uses will not be made or perfected in the Piceance Creek basin (Water Division No. 6), and therefore any return flows from these uses will accrue to the Colorado River basin (Water Division No. 5), (4) Applicant will account for diversions at the subject wells and the replacement of all out -of -priority depletions on a form acceptable to the Division Engineer. 10. The historic domestic return flows from the diversions at the subject wells were associated with water service to the office building formerly occupied by C NOC:3L. American Soda has purchased that property and occupies the same office building. American Soda will maintain the historic domestic return flows. 11. Applicant has acquired all of the Parachute Creek drainage rights and a portion of the Roaring Fork River drainage rights that were changed and included in the plan for augmentation, including exchange, decreed to Case No. W-2206 (see e.g., pages 32-41 of the W-2206 Decree, Exhibit A hereto). These rights are more particularly described below. 12. Information from previous decrees for Parachute Creek drainage rights. All Decrees entered in District Court of Garfield Count: A. Starkey Gulch Ditch (1) Decreed point of diversion: out of Parachute Creek, with headgate located at a point on the south bank of Starkey Gulch, whence the northwest corner of Section 33, Township 6 South, Range 96 West of the 6°h P.M., bears N. 64'27' E. a distance of 1,073 feet. (2) Amount: 4.32 cfs Case No. 99CW300 Applicant: American Soda, L.L.P., a Colorado Limited Liability Partnership Findings of Fact, Judgment and Decree of Water Court Page 8 • • (3) Court where original decree was entered: District Court of Garfield County (4) Case No.: W-248 (5) Date of appropriation: 8/1/1901 (6) Date of decree: 7/26/1971 B. Charley Dere Ditch (1) Decreed point of diversion: out of the middle fork of Parachute Creek, with headgate being located on the West bank of said creek at a point from which the W Y4 corner of Lot 9, Section 18, Township 5 South, Range 95 West of the 6`" P.M., bears S. 60°00' W. 559 feet. (2) Amount and priority of diversion: 0.25 cfs out of priority no. 205 0.58 cfs out of priority no. 207A (3) Priority No. Case No. Date of Appropriation Date of Decree 205 3124 10.1 1914 1 4 1937 207a 3124 3:1 1926 1:4,1937 • C. Parachute Ditch (1) Former decreed point o fdiversion: about three and one-quarter miles above the mouth of Parachute Creek and also at a point from which the N% corner of Section 3, Township 7 South, Range 96 West of the 6`" P.M. bears S. 54'00' E. 1936 feet. (2) As decreed in Case No_ W-2910. correct surveyed headgate location and point of diversion: the headgate is situated in Lot 12 of Section 34, Township 6 South, Range 96 West of the 6th P.M. located at a point whence the S'/4 corner of said Section 34 bears S. 56°04'47" E. a distance of 1569.99 feet, and the diversion point is situated in Lot 12 of Section 34, Township 6 South, Range 96 West of the 6th P.M located at a point_ whenre the Sfs rorn.rr of said Section 34 hear S 53'16'18" E. a distance of 2019.35 feet. Case No. 99CW300 Applicant: American Soda, L.L.P.. a Colorado Limited Liability Partnership Findings of Fact, Judgment and Decree of Water Court Page 9 • (3) Amount and priority of diversion: 0.30 cfs out of priority no. 9 2.37 cfs out of priority no. 131 1.30 cfs out of priority no. 145 0.035 cfs out of priority no. 149 19.72 cfs out of priority no. 207Q (4) Priority No. Case No, Date of .-appropriation Date of Decree 9* 103 5:17'1883 5/11/1889 I �; i 103 4 11888 5.11;1889 145 469 4.25 1890 4 27'1892 149** 469 1: 9 1891 -1 7.1892 207Q 3124 3/1/1926 14,1937 *Priority no. 9 was originally decreed to the Daisy Ditch and transferred to the Parachute Ditch by decree dated 4/23/1910, in Case No. 1413. for use through the V ieweg Ditch. ** Priority no. 149 was decreed to the Holmes and Morgan Extension and Enlargement of the Parachute Ditch. D. Vieweg Ditch (1) Former decreed point of diversion: an enlargement and extension of the Parachute Ditch, the headgate thereofbeing situated about two and one-halfmiles above the headgate of the Daisy Ditch. (2) As decreed in Case No. W-2910, correct surveyed headgate location and point of diversion: the headgate and diversion point is situated in Lot 12 of Section 34, Township 6 South, Range 96 West of the 6th P.M. located at a point whence theS''4 corner of said Section 34 bears S. 57-18'14" E. a distance of 1501.90 feet. (3) (4) (5) (6) Amount and priority of diversion: 1.60 cfs out of priority no. 152A Case No.: 745 Date of appropriation: 5/1/1893 Date of decree: 11/9/1897 E. P.L.R. Ditch Case No. 99CW300 Applicant: American Soda, L,L,P., a Colorado Limited Liability Partnership Findings of Fact, Judgment and Decree of Water Court Page 10 • (1) Former decreed point ofdiversion: on the north bank ofthe East Fork of Parachute Creek at a point whence the quarter corner common to Sections 29 and 30, Township 5 South, Range 95 West of the 6`'' P.M., bears N. 88'15' W. 2120 feet but which by actual survey is located on said creek at a point whence the northwest corner of Section 30, Township 5 South. Range 95 West of the 6`h P.M. bears N. 69°56' W., a distance of 7814 feet. (2) As decreed in Case No. W-2910, correct surveyed headgate location and point of diversion: the headgate and diversion point is situated in the NE% SW'/4 of Section 29, Township 5 South, Range 95 West of the 6th P.M. located at a point whence the W1 corner of said Section 29 bears N. 75°52'36" W. a distance of 1531.53 feet. (3) Amount and priority of diversion: 0.45 cfs out of priority no. 206 1.05 cfs out of priority no. 207E 0.38 cfs out of priority no. 202 0.87 cfs out of priority no. 207F 1.04 cfs out of priority no. 204 2.42 cfs out of priority no. 207D Case No. 99CW300 Applicant; American Soda, L.L.P., a Colorado Limited Liability Partnership Findsngs of Fact, Judgment and Decree of Water Court Paget 1 (4) Priority No, Case No. Date of Appropriation Date of Decree 206* 3124 5 1. 1922 1.'411937 207E* 3124 311926 1.4/1937 202"* 3124 511913 1,4/1937 207F** 3 123 11,1926 1/4/1937 204 3124 5 1/1914 1:411937 207D 3124 311,1926 1/4, 1937 * Priority nos. 206 and 207E .'.ere originally decreed to the Zelmo Ditch and were transferred by decree dated 7 1.5/ 1968. to the P.L.R. Ditch in Case No. 6316. ** Priority nos. 202 and 207F were originally decreed to the Bessie Ditch and were transferred by decree dated 7,15 1968 to the P.L.R. Ditch in Case No. 6316. F. East Fork Ditch (1) Former decreed point ofdiversion: on the north bank of the East Fork of Parachute Creek at a point in the SE! SW'/.I of Section 30, Township 5 South, Range 95 West of the 6'h P.M. and at a point whence the S1., corner, Section 30, Township 5 South. Range 95 West of the 6'h P.M., bears S 86'35' E., 1,185 feet. but. which by actual survey is located on the north bank of the East Fork of Parachute Creek, whence the northwest corner of Section 30, Township 5 South, Range 95 West of the 6''' P.M., bears N. 39°45' W. a distance of 5387 feet. (2) As decreed in Case No. W-2910, correct surveyed headgate location and point of diversion: the headgate and diversion point is situated in Lot 15 of Section 30, Township 5 South, Range 95 West of the 6th P.M. located at a point whence the witness corner to the S1 of said Section 30 bears S. 30049'00" E. a distance of 164.26 feet. (3) Amount and priority of diversion: 0.44 cfs out of priority no. 179BB 3.47 cfs out of priority no. 207E 0.80 cfs out of priority no. 126A 1.85 cfs out of priority no. 154BB Case No. 99CW300 Applicant: American Soda, L.L.P., a Colorado Limited Liability Partnership Findings of Fact. Judgment and Decree of Water Court Page 12 • • • 141 Priority No. Case No. Date of :'appropriation Date of Decree 179BB 2011 8/11.912 ' :'271920 207G 3124 11/1926 1 4 1937 126At 1059 3/311888 12 91 903 154BB* 1059 4/2011895 12 291903 *Priority nos. I26A and 154BB were originally decreed to the Parachute Highline Ditch and were transferred by decree dated 7/1541968 to the East Fork Ditch in Case No. 6316. G. Davenport Ditch (1) Former decreed point of diversion: at a point whence the WI a corner, Section 30, Township 5 South, Range 95 West of the 6th P.M. bears N. 87°45' E. 650 feet, but which, by actual survey is located on the west bunk of the Middle Fork of Parachute Creek, whence the northwest corner of Section 30, Township 5 South. Range 95 West of the 6th P.M. bears N. 9`'55' W., a distance of 871 feet. (2) As decreed in Case No. W-2910, correct surveyed headgate location and point of -diversion: the headgate and diversion point is situated in Lot 4 of Section 30, Township 5 South, Range 95 West of the 6`h P.M. located at a point whence the northwest corner of said Section 30 bears N. 04° ( 5'54" W. a distance of 1450.09 feet. (3) (4) Amount and priority of diversion: 2.0 efs out of priority no. [43C 5.69 cfs out of priority no. 207C 1.33 cfs out of priority no. 199 3.09 cfs out of priority no. 207H Priority No. Case No. Date of .appropriation Date of Decree 143C 723 51 1889 6;16,1898 207C 3124 3/1/1926 1.4. 1937 199* 3124 5/1,1888 1 4 1937 207H* 3124 3.1 1926 1 4 1937 Case No. 99CW300 Applicant: American Soda, L,L.P., a Colorado Limited Liability Partnership Findings of Fact, Judgment and Decree of Water Court 1'at e 13 • *Priority nos. 199 and 207H were originally decreed to the Highline Ditch and were transferred by decree dated 7/15/1968 to the Davenport Ditch in Case No. 6316. H. C.C.D. Ditch (1) Former decreed point of diversion: at a point whence the witness quarter corner common to Sections 18 and 19, Township 5 South, Range 95 West of the 6`'' P.M. bears S. 52°54' E. 210 feet. (2) As decreed in Case No. W-2910, correct surveyed headgate location and point of diversion: the headgate and diversion point is situated in Lot 2 of Section 19, Township 5 South, Range 95 West of the 6th P.M. located at a point whence the witness corner to the west corner common to Section 18 and Section 19, said Township and Range, bears N. 03°23'32" W. a distance of 3382.28 feet. (3) Amount and priority of diversion: 0.76 cfs out of priority no. 203 1.77 cfs out of priority no. 207E (4) Priority No. Case No. Date of Appropriation Date of Decree 203 3124 4/1, 1914 14/19+ 207B 3124 311;1926 1:4/1937 1. West Fork Ditch (1) Former decreed point ofdiversion: at a point whence the point of cliff bears N. 530 E. 1660 feet, and a point of cliff bears S. 14° E. 2090 feet, and also at a point whence the W1/4 corner, Section 30, Township 5 South, Range 95 West of the 6th P.M. bears S. 88°45' E. 2375 feet. (2) As decreed in Case No. W-2910, correct surveyed headgate location and point ofdiversion: the headgate and diversion point is situated in the SE1 NW1 of Section 25, Township 5 South, Range 96 West of the 6th P.M. located at a point whence the northwest corner of Section 30, Township 5 South, Range 95 West ofthe 6'" P.M. bears N. 50°23'08" E. a distance of 3539.31 feet. (3) Amount and priority of diversion: 1.30 cfs out of priority no. I68A Case No. 99CW300 Applicant: American Soda, L.L.P.. a Colorado Limited Liability Partnership Findings of Fact, Judgment and Decree of Water Court Page 14 • (4) Case No.: 2011 (5) Date of appropriation: 5:18 1903 (6) Date of decree: 3/27/1920 J. Sprint Ditch (1) Former decreed point of diversion: about 50 feet from the range line between Ranges 95 and 96 and also at a point whence the E'1 corner of Section 25, Township 5 South, Range 96 West of the 61h P.M. bears S. 1'45' E. 1616 feet. (2) As decreed in Case No. W-2910, correct surveyed headgate location and point of diversion: the headgate and diversion point is situated in the SE''; NES of Section 25, Township 5 South, Range 96 West of the 61h P.M. located at a point whence the northwest comer of Section 30, Township 5 South, Range 95 West of the 6th P.M. bears N. 00°05'14" E. a distance of 162L30 feet. (3) Amount and priority ofdiversion: 0.12 cfs out of priority no. 177AA (4) Case No.: 2011 (5) Date of appropriation: 1111/1909 (6) Date of decree: 3/27/1920 K. Granlee Ditch (1) Former decreed point ofdiversion: at a point near the southerly side of the NE'/4 NW'/4 of Section 4, Township 6 South, Range 96 West and at a point from which the W''/ comer of Section 4, Township 6 South, Range 96 West of the 6'h P.M., bears South 30°30' W. 3785 feet. (2) As decreed in Case No. W-2910, correct surveyed headgate location and point of diversion: the headgate is situated in Lot 1 of Section 4, Township 6 South, Range 96 West of the 6'h P.M. located at a point whence the W'/a corner of said Section 4 bears S. 35''19'27" W. a distance of 3145.60 feet, and the diversion point is situated in Lot 1 of Section 4, Township 6 South, Range 96 West of the 69' P.M. located at a point whence the W'/4 corner of said Section 4 bears S. 35'17'16" W. a distance of 3195.56 feet. (3) Amount and priority of diversion:: Case No. 99CW300 Applicant: American Soda, L.L.P., a Colorado Limited Liability Partnership Findings of Fact. Judgment and Decree of Water Court Page 15 • 7.49 cfs out of the Following priorities: 0.24 cfs out of priority no. 143AA (decreed for 0.4 efs) 2.16 cfs out of priority no. 154A (decreed for 3.6 cfs) 0.6 cfs out of priority no. 158AA (decreed for LO cfs) 0.96 cfs out of priority no. 16IAA (decreed For 1,6 cfs) 3.53 cfs out of priority no. 2071 (decreed for 6.09 cfs) (4) Priority No. Case No. Date of Appropriation Date of Decree 143AA 781 411/1889 2/20/1900 154A 781 4/15,1895 2/20/1900 158AA 1345 5/6/1900 2/411909 161AA 1345 11;5 1901 2/4/1909 2071 3124 3/1/1926 1/4,1937 L. Riney Ditch (1) Former decreed point of diversion: about 1200 feet northwest of the southwest comer of SW1/4 of Section 34, Township 6 South, Range 96 West of the 6'h P.M. and also described as being at a point from which the northwest corner of Section 3, Township 7 South. Range 96 West of the 6th P.M. bears S. 76000' W. 587 feet distant. (2) As decreed in Case No. W-2910, correct surveyed headgate location and point of diversion: the headgate and diversion point is situated in Lot 1 of Section 4, Township 7 South, Range 96 West of the 6th P.M. located at a point whence the northeast comer of said Section 4 bears N. 74°08'07" E. a distance of 524.04 feet. (3) Arnount and priority of diversion: 0.80 efs out of priority no. 141A 0.20 cfs out of priority no. 200 0.30 cfs out of priority no. 207P (4) Case No. 99CW300 Applicant: American Soda, L.L.P., a Colorado Limited Liability Partnership Findings of Fact, Judgment and Decree of Water Court Page 16 Priority No. Case No. Date of Appropriation Date of Decree Case No. 99CW300 Applicant: American Soda, L.L.P., a Colorado Limited Liability Partnership Findings of Fact, Judgment and Decree of Water Court Page 16 • 141A i : ,, 711/1888 4/1611909 200 3124 6/111891 14/1937 207P 3124 3/1/1926 1/4/1937 M. Benson and Barnett Ditch (1) Former decreed point of diversion: about 100 yards north on the north line of the NWV4 NW1/4 of Section 9, Township 6 South, Range 96 West of the 6`h P.M. and also described as being at a point from which the corner common to Sections 5, 4, 8, and 9, Township 6 South, Range 96 West of the 6th P.M. bears S. 57°00' W. 1220 feet. (2) As decreed in Case No. W-2910, correct surveyed headgate location and point of diversion: the headgate and diversion point is situated in Lot 11 of Section 4, Township 6 South, Range 96 West of the 6th P.M. located at a point whence the southwest corner of said Section 4 bears S. 58°58'56" W. a distance of 972.72 feet. (3) (4) Amount and priority of diversion: 4.917 cfs out of the fallowing priorities: 1.317 cfs out of priority no. P44BBBB (decreed for 2.3 cfs) 3.6 cfs out of priority no. 207J (decreed for 6.21 cfs) Priority No. Case No. Date of Appropriation Date of Decree 144BBBB 947 3,25;1390 2.24' 1902 207J 3124 3(1;1926 1 41937 N. Low Cost Ditch (1) Former decreed point o fdiversion: about eight miles above the mouth of Parachute Creek and also described as being located at a point from which the N1/4 corner of Section 20, Township 6 South, Range 96 West of the 6'h P.M. bears S. 18°00' W. 800 feet. (2) As -decreed in Case -No. W 29 r ec used-hea te4oeaien • and point of diversion: the headgate and diversion point is situated in Lot 13 of Section 17, Township 6 South, Range 96 West of the 6th P.M. located at a point Case No. 99CW300 Applicant: American Soda. L.L.P., a Colorado Limited Liability Partnership Findings of Fact, Judgment and Decree of Water Court Page 17 • whence the S1 comer of said Section 17 bears S. 18'11'00" W. a distance of 789.61 feet. (3) Amount and priority of diversion: 72.89 cfs out of the following priorities: 4.35 cfs out of priority no. 83 (decreed for 5.0 cfs) 7.82 cfs out of priority no. 132 (decreed for 9.0 cfs) 10.72 cfs out of priority no. 2070 (decreed for 12.34 cfs) (4) Priority No. Case No. Date of Appropriation Date of Decree 83 103 1 4 1S87 5 11: 1889 132 103 4 ; 1888 5/11/1889 2070 3124 3/1/1926 1/4/1937 13. Historic use of Parachute Creek drainage rights: The said Parachute Creek drainage rights were historically used to irrigate the lands identified in Exhibit .`C" to the Decree in Case No. W-2206, see Exhibit A hereto. The Court decreed in Case No. W-2206 that the total consumptive use resulting from the irrigation diversions was 1380.3 acre feet in an average year.' The allocation of the consumptive -use credits by ditch is set forth in Table 1 in Exhibit "C"' to the Decree in Case No. W-2206, see Exhibit A hereto. A monthly depletion analysis for these water rights is set forth in Exhibit B hereto. 14. Information from previous decrees for Roaring Fork drainage rights: Applicant acquired water rights in the Roaring Fork drainage that were associated with the historical irrigation of parts of the Kinsall Ranch, the Wulfsolm Ranch and the Sanders Ranch. These lands were permanently removed from irrigation prior to 1975. These lands are identified in Exhibit "B" to the Decree in Case No. W-2206. The rights associated with the dry up are as follows. All decrees were entered in District Court of Garfield County: A. Weaver & Leonhardv Ditch and Rockford Ditch The Decree states that a total of 1395.9 AF of consumptive use was associated with the rights identified in Exhibit -C." Applicant has not included the Ida Dere Ditch in this Case No. 99CW300 (the historic consumptive use of which was 15.6 acre feet), Case No. 99CW300 Applicant: American Soda, L.L.P., a Colorado Limited Liability Partnership Findings of Fact, Judgment and Decree of Water Coun Page 18 • (1) Former decreed point of diversion: about one mile above the mouth of Rock Creek (now Crystal River), and further described as at a point about 175 feet north of Rock Creek Bridge and being S. 47054' E. 901 feet from its Section Comer common to Sections 28, 29.32 and 33, Township 7 South, Range 88 West of the 6"' P.M. and near the center of the NW' NW% of said Section 33 according to the old survey. (2) As decreed in Case No. W-2910, correct surveyed headgate location and point of diversion: the headgate is situated in Lot 6 of Section 33, Township 7 South, Range 88 West of the 61h P.M. located at a point whence the northwest corner of said Section 33 bears N. 52°27'17" W. a distance of 3214.47 feet, and the diversion point is situated in Lot 6 of Section 33, Township 7 South, Range 88 West of the 6th P.M. located at a point whence the northwest corner of said Section 33 bears N. 51031'22" W. a distance of 3299.29 feet. (3) Amount and priority of diversion: 1.96 cfs out of priority no. 117 3.04 cfs out of priority no. 399 (4} Priority No. Case No. Date of Appropriation Date of Decree 117* 132 4/20/1885 5 11..1889 399** 3082 614/1915 &25,1936 * Priority no. 117 was originally decreed to Weaver & Le mhardy Ditch and transferred in Case No. 2316 by decree dated 3/20/1923 to the Rockford Ditch and from there to the Southard & Cavanaugh by decree dated 10/11/1966 in Case No. 5967. ** Priority no. 399 was originally decreed to the Rockford Ditch and from there to the Southard & Cavanaugh by decree dated 10/1111966 in Case No. 5967. B. Staton Ditch (1) Former decreed point of diversion: on the north bank of Cattle Creek, about two miles from the mouth, in Section 16, Township 7 South, Range 88 West of the 6th P.M. (2) As decreed in Case No. W-2910, correct surveyed headgate location and point of diversion: the headgate and diversion point is situated in Tract 37 of Section 16, Township 7 South, Range 88 West of the 6`h P.M. located at a point whence the northwest corner of said Section 16 bears N. 25°34'11" W. a distance of 81-874 fe (3) Amount and priority of diversion: Case No. 99CW300 Applicant: American Soda, L.L.P., a Colorado Limited Liability Partnership Findings of Fact, Judgment and Decree of Water Court' Page 19 • 0.06 cfs out of priority no. 53 (decreed for 1.0 cfs) 0.06 cfs out of priority no. 79 (decreed for 1.0 cis) 0.17 cfs out of priority no. 299 (decreed for 2.98 cfs) (4) Priori/ v \n. Case No. Date of .appropriation Date of Decree 5.; 132 2/15/1883 3;11/I 889 79 132 3/1/1884 5,11/1889 299 3082 4 15,1890 3:2;,1936 C. Atkinson Canal (1) Former decreed point of diversion: on the south bank of the Roaring Fork River at a point about three miles south of the City of Glenwood Springs, and about one-fourth of a mile above the point where the CarditT Bridge crosses said river. (2) As decreed in Case No. W-2910, correct surveyed headgate location. and point of diversion: the headgate is situated in the NW'..4 SW1'4 of Section 22. Township 6 South, Range 89 West of the 6`11 P.M. located at a point whence the northwest corner of said Section 22 bears N. 32049'36" W. a distance of 1481.51 feet, and the diversion point is situated in the NW' SW'J/ of Section �2, Township 6 South, Range 89 West of the 6''' P.M. located at a point whence the northwest corner of said Section 22 bears N. 48025'08" W. a distance of 1875.80 feet. (3) (4) Amount and priority of diversion: 2.03 cfs out of priority no. 0.48 cfs out of priority no. 3.39 cfs out of priority no. 5.81 cfs out of priority no. 105A (decreed for 4.2 cfs) 107A (decreed for 1.0 cfs) 228 (decreed for 7.0 cfs) 594 (decreed for 12.0 cfs) eta. 99CW300 Applicant: American Soda, L.L.P., a Colorado Limited Liability Pam ership Findings of Fact, Judgment and Decree of Water Court Page 20 • Priority No. Case No. Date of Appropriation Date of Decree 105A 1056 12720/1884 118/1909 107A 1225 3/25/1885 2; 151907 228 1388 4/1211909 10730/1909 594 4033 3 1 ")! 1950 107241952 15. Historic use of Roaring Fork River drainage rights: A. The Weaver & Leonhardy Ditch and Rockford Ditch (Southard &c. Cavanaugh Ditch) water rights described in paragraph 14.A. above were historically used to irrigate 60 acres of what was known as the Kinsall Ranch, resulting in an average annual consumptive use of 109.8 acre feet, as described and quantified in paragraph 4.A.(1 )(pages 20 and 21) and Exhibit -13" of the decree in W-2206 (attached as Exhibit A hereto). A monthly depletion analysis for these water rights is set forth in Exhibit B hereto. 13. The Staton Ditch water rights described in paragraph 14.B. above were historically used to irrigate part of the 20 acres of what is known as the Sanders Ranch, resulting in an average annual consumptive use of 10.37 acre feet, as described and quantified in paragraph 4.A.(3)(page 2 I) and Exhibit -B" of the decree in Case No. W-2206. (As decreed in W-2206, a total of 22 acre feet of average annual historic consumptive use was associated with the dry up under the Staton Ditch. The remaining 11.63 acre feet (22 acre feet total less the said 10.37 acre feet) were changed in Case No. 90CW156 for augmentation of the Coryell Ponds, The said 11.63 acre feet are separate and distinct from the 10.37 acre feet included in this Decree. The other 14.6 acre feet of historic consumptive use referenced in paragraph 4.A. (3) (page 21) of the W-2206 Decree were under the Glenwood Ditch and are not part of this 99CW300 proceeding.) C. The Atkinson Canal water rights described in paragraph 14.C. above were historically used to irrigate 78 acres on what is known as the Wulfsohn Ranch, resulting in an average annual consumptive use of 142.7 acre feet, as described and quantified in paragraph 4,A.(2)(page 21) and Exhibit "B" of the decree in Case No. W-2206. D. A monthly depletion analysis for these Roaring Fork River drainage rights is set forth in Exhibit 13 hereto. 16. In accordance with the Decree entered in Case No. W-2206, the transit loss to be assessed for delivery of the said Roaring Fork River rights to Applicant's Parachute facility and point of diversion is 6.36 AF annually. The said 6.36 AF is calculated as follows: the total 262.87 AF ofaaaringEorkai_v_er_drainageaiglatsincluded in this Case No. 99CW3QQ.divideitlay_the.tap l • 289.1 AF of Roaring Fork River drainage rights included in Case No. W-2206, multiplied by the 7 AF of transit losses assessed for the Roaring Fork rights in W-2206. Case No. 99CW300 Applicant: American Soda, L.L.P.. a Colorado Limited Liability Partnership Findings of Fact, Judgment and Decree of Water Court Page 21 • • 17. Proposed change of Subject Water Rights: A. The Subject Water Rights are already decreed for industrial purposes (among other purposes). including for oil shale mining and development. Applicant seeks a decree confirming that the rights may be used for general industrial, training, processing, retorting, refining and commercial purposes, including (without limiting the generality of the foregoing) any and all uses in connection with all aspects of Applicant's project to extract nahcolite and other minerals (including oil shale). B. The prior Decrees for the Subject Water Rights contemplated use in the Colorado River basin and Piceance Creek basin. Applicant seeks confirmation that use of the Subject Water Rights may also be made upon lands described in Exhibit C hereto (which is incorporated herein by this reference). C. Applicant does not seek to change the conditional municipal and irrigation uses decreed to Union 76 Water Well Nos. 2 through 5. and no such change is granted herein. These municipal and irrigation uses will not be made or perfected in the Piceance Creek basin (Water Division No. 6), and therefore any return flows from these uses will accrue to the Colorado River basin (Water Division No. 5). D. Objector Exxon Mobil Corporation ("ExxonMobil") obtained a Decree in Case No. 82CW369 that included, interalia, a decreed right to divert the Objector's Cornell Ditch by exchange at the Dow Pumping Plant and Pipeline, the Dow Wells, the Middle Fork Reservoir and Davis Gulch Reservoir, subject to the terms and conditions ofthe said Decree. In order to prevent injury to ExxonnMobil's vested water rights or decreed conditional water rights, Applicant agrees as follows: (1) Applicant as the successor to Union Oil Company for the Union 76 Water Well Nos. I, 1A, 2, 3, 4 and 5 agrees to waive the water delivery requirements of paragraph 7(c)(8) of the Decree in Case No, 82CW369, and that the water rights that are the subject of this case may not be used in any manner as a basis to enforce paragraph 7(c)(8) of the Decree in Case No. 82CW369. (2) Applicant agrees that its Union 76 Water Well Nos. I, 1A, 2, 3, 4 and 5 shall not be considered a '`water right" or surface diversions that can exercise a call against ExxonMobil's Cornell Ditch exchange as defined and contemplated in paragraph 7(c)(2) ofthe Decree in Case No. 82CW369. (3) Applicant agrees that it shall waive its right of enforcement under paragraph 7(c)(2) of the Decree in Case No. 82CW369, whereby ExxonMobil is • limited in its exchange of its Cornell Ditch water rights when the surface flow of water in Parachute Creek below the confluence ofMiddle Fork and East Middle Fork Case No. 99CW300 Applicant: American Soda, L.L.P., a Colorado Limited Liability Partnership Fincdings of Fact, Judgment and Decree of Water Court Page 22 of Parachute Creek is more than the historic Cornell Ditch diversions. Objector ExxonMobil may exchange its Cornell Ditch water rights past Applicant's Union 76 Water Well Nos. 1, 1A, 2, 3, 4 and 5, when Parachute Creek is a dry stream. (4) In the event any other party attempts to enforce the conditions described in paragraphs 17(D)(2) and (3) above. .Applicant agrees that it will restrict pumping from each of the Union 76 Water Well Nos. 1, IA, 2, 3, 4 and 5 to a rate of one-half (112) of their decreed rates. (5) To the extent required, the foregoing terms of this Decree shall constitute an amendment or modification of the relevant paragraphs ofthe Decree in Case No. 82CW369. E. The terms and conditions on the exercise of the water rights in this decree shall run with title to the water rights that are the subject of this decree and shall limit any successor to the Applicant in the exercise of such rights in this decree. F. Except as provided herein, Applicant does not seek to change the plan for augmentation, including exchange, involving the Subject Water Rights decreed in Case No. W-2206. G. No injury will occur to other vested or decreed conditional water rights as a result of entry of this Decree to change the Subject Water Rights, confirm their use for general industrial purposes. and confirm their use within Applicant's project lands, as herein described. 18. Name and address of owner of land on which structures are located: Applicant. Place of use will occur on lands owned or leased by Applicant. CLAIM FOR AMENDMENT OF AUGMENTATION PLAN 19. Water right to be augmented: Pumping Pipeline (diverted at the locations described in paragraphs 1.6. and 1.10. above). 20. Water rights to be used for augmentation: Parachute Creek Reservoir, Parachute Creek drainage rights, Roaring Fork River drainage rights, and releases from Wolford Mountain Reservoir and/or Ruedi Reservoir pursuant to the Applicant's contracts with the Colorado River Water Conservation District ("River District"). 21. Applicant seeks to amend the augmentation plan decreed in Case No. W-2206 to add additional sources of augmentation water, as available pursuant to allotment contracts with the River District. Applicant has obtained contracts with the River District for releases of up to 800 acre feet annually. Releases pursuant to the contracts will be made from Wolford Mountain Reservoir or Ruedi Reservoir. Case No. 99CW300 Applicant: American Soda, L.L.P., a Colorado Limited Liability Partnership Findings of Fact. Judgment and Decree of Water Court Page 23 • On a release schedule to be determined by the Applicant and at the direction of the Division Engineer, the water available under the contracts with the River District may be released and used in connection with all aspects of Applicant's industrial project to extract nahcolite and other minerals, including oil shale, and may also be released and used for environmental mitigation purposes (including, for example, endangered species recovery) as may be required in the regulatory permitting of Applicant's project. 22. The decretal information about Wolford Mountain Reservoir (a:k/a Gunsight Pass Reservoir) is as follows: A. Case No. 87CW283: (1) Decree date: November 20, 1989 (2) Legal description ofplace of storage: The dam is located in the SWt.<; NE1/4 of Section 25, Township 2 North, Range 81 West. 6th P.M. The intersection of the dam axis with the right abutment will occur at a point which bears W. 54°54'20" E. a distance 01 3.716.46 feet from the NW Corner of said Section 25. • (3) Source: Muddy Creek and its tributaries (4) Amount: 59,993 acre feet, conditional; of this amount, 32.986 acre feet were made absolute for piscatorial and recreational uses by decree entered in Water Court Case No. 95CW251. (5) Appropriation Date: December 14, 1987 (6) Use: All beneficial uses, including but not limited to domestic, municipal, agricultural and recreational uses. which uses satisfy the requirements of the Windy Gap Settlement made with the Municipal Subdistrict of the North Colorado Water Conservancy District; use to meet the water requirements of the inhabitants of the River District for all uses; and use to meet the terms of a lease agreement executed March 3, 1987 ber een the River District and the City and County of Denver. B. Case No. 95CW281: (1) Decree date; August 26, 1997 (2) Legal description ofplace ofstorage: The dam is located in the S W Y4 of the NE 1'14 of Section 25, Township 2 North, Range 81 West, of the 6th P.M. The as -built intersection of the dam axis (Sta. D19 -i-3561) with the West Access Road Case No. 99CW300 Applicant: American Soda, L..L.P., a Colorado Limited Liability Parmership Findings of Fact, Judgment and Decree of Water Court Page 24 • (Sta. WR50+55.05 i. as shown on the Colorado River Water Conservation District, Wolford Mountain Project. Ritschard Dam construction drawing "Dimensional Dam Layout" sheet 8 of 94, occurs at a point which bears S. 53°24' 56" E. a distance of 3,395.51 feet from the NW Comer of said Section 25; the bearing of said dam axis from Sta 19+35.61 to Sta. 0+00 being S. 75°28'29" E. (3) Source: Muddy Creek and its tributaries (4) Amount: 6,000 acre feet, conditional (5) Appropriation date: January 16, 1995 (6) Use: All beneficial uses by and for the benefit of the inhabitants of the Colorado River Water Conservation District, including but not limited to domestic. municipal, industrial, irrigation, agricultural, piscatorial and recreational; such uses will include environmental mitigation, including environmental mitigation requirements associated with the Wolford Mountain Project; such uses will be made directly or by substitution, augmentation, or exchange. None of the water stored in the exercise of the right will be delivered directly or by exchange, substitution, or otherwise for use outside of Colorado Water Division No. 5. C. Case No. 98CW237: (1) Decree date: None: Application tiled December 22, 1998 (2) Legal description of place of storage: Same as for 95CW281 (3) Source: Muddy Creek and its tributaries (4) Amount: 30,000 acre feet, conditional with 15,895 acre feet being absolute for recreational and piscatorial and Hood control (5) Appropriation date: November 17. 1998 (6) Use: Certain of the beneficial uses previously adjudicated for Wolford Mountain Reservoir in Case No. 87CW283, District Court for Colorado Water Division No. 5 (November 20, 1989 Judgment and Decree), and Case No. 95CW281, District Court for Colorado Water Division No. 5 (August 26, 1997 Judgment and Decree). The decretal information about Ruedi Reservoir is as follows: Case No. 99CW300 Applicant: American Soda, L.L.P., a Colorado Limited Liability Partnership Findings of Fact, Judgment and Decree of water Court Page 25 • A. Source: Frying Pan River, tributary of Colorado River B. Legal description: an on -channel reservoir located in Sections 7, 8, 9, 1 1. and 14 throughl8, Township 8 South, Range 84 West of the 6th P.M. The reservoir is located in portions of Eagle and Pitkin Counties. C. Adjudication Date: June 20, 1958 D. Appropriation Date: July 29, 1957 E. Case No.: C.A. 4613 Court: Garfield County District Court F. Decreed Amount: 102,369 acre feet (Originally decreed for 140,697.3 acre feet; reduced to 102.369 acre feet in W-789-76) G. Decreed Uses: generation of electric energy, domestic, municipal, industrial, irrigation and stock watering H. By decree of the Water Court in Case No. 81 CW34, Ruedi Reservoir was decreed a refill right in the amount of 101, 280 acre feet, conditional. In Water Court Case No. 95CW95, 44,509 acre feet was made absolute. 24. Augmentation releases from Wolford Mountain Reservoir will be assessed a 10% transit loss, and augmentation releases from Ruedi Reservoir will be assessed a 5% transit loss. The Court hereby finds that these transit losses are reasonable and appropriate. 25. Out -of -priority depletions from the wells on Parachute Creek (whether the wells are diverting under the priorities described in paragraphs 1.7. through 1.9 above, or diverting under the Pumping Pipeline priority, under the decrees in C.A. 4004 and Case Nos. W-3946 and S3CW349) may be augmented by the Parachute Creek drainage augmentation rights (described in paragraphs 1.12 and 1.13 above) when such augmentation rights are in priority, and, to that extent, this plan for augmentation will prevent injury to senior vested and decreed conditional water rights on Parachute Creek. However, the preceding sentence is not intended to limit or restrict any right Applicant has to: A. Augment the depletions from the wells with the Roaring Fork River drainage rights or releases from Wolford Mountain Reservoir or Ruedi Reservoir when the call originates downstream on the Colorado River and there is not an internal call on Parachute Creek; Case No. 99CW300 Applicant: American Soda, L_L.P.. a Colorado Limited Liability Partnership Findings of Fact, Judgment and Decree of Water Court Page 26 • B. Divert water at the Pumping Pipeline facility on the Colorado River and transport and deliver the water above the calling right on Parachute Creek for purposes of augmenting} the subject wells; or C. Augment the subject wells with releases from the Parachute Creek Reservoir. 26. Applicant will account for its domestic and irrigation diversions at the wells and Pumping Pipeline, and the associated return flows to the Colorado River basin (assumed to be 1 O% of diversions for the domestic component) on a form acceptable to the Division Engineer. This decree is not intended to limit or restrict the Applicant's right to fully consume the Parachute Creek drainage rights or Roaring Fork River drainage rights consistent with the monthly depletion analysis set forth in Exhibit B hereto (see e.g., paragraph 6.E. (page _-) of the W-2206 Decree); nor to limit or restrict the Applicant's right to fully consume diversions under the Pumping Pipeline right (diverting at the subject wells and/or at the point of diversion on the Colorado River), so long as the out -of -priority depletions are properly accounted for and augmented.. 27. Applicant will account for diversions of all the Subject Water Rights and augmentation replacement on a form acceptable to the Division Engineer. 28. Applicant has provided a proposed accounting form that provides information helpful in the administration of this Decree. The accounting form is not a part of this Decree and may be modified with the approval of the Division Engineer. Applicant will provide written notice to the Objectors of any change in the accounting form proposed to the Division Engineer or required by the Division Engineer. 29. The Applicant shall install measuring devices, provide accounting, and supply calculations regarding the timing of depletions as required by the Division Engineer for the operation of this plan. The Applicant shall also file an annual report with the Division Engineer by November 15th of each year summarizing diversions and replacements made under this plan. 30. Paragraph 3.F.(1) (pages 37) of the W-2206 Decree is hereby entirely replaced and superceded by the following term and condition: Because the lands historically irrigated by the subject Roaring Fork River drainage rights have been taken out ofproduction, said rights will be dedicated to use under the subject water supply and augmentation plan each year. No further notice of the intent to use the rights for these purposes is required. 31. Operation of the augmentation plan will prevent injury to senior vested and decreed conditional water rights. Case No. 99CW300 Applicant: American Soda, L.L.P., a Colorado Limited Liability Partnership Findings of Fact. Judgment and Decree of Water Court Page 27 • II. CONCLUSIONS OF LAW 1. The foregoing findings of fact are fully incorporated herein. 2. Notice ofthe Applications was properly given. The Court has jurisdiction over the Applications and over ail persons or entities who had standing to appear, even though they did not do so. 3. The Applications are complete, covering all applicable matters required pursuant to the Water Right Determination and Administration Act of 1969, C.R.S. §* 37-92-101 through -602. 4. Applicant has fulfilled all legal requirements for a decree for the requested changes of the Subject Water Rights and the amendment to the plan for augmentation, including C.R.S. § 37-92-302 and 37-92-305. S. The changes of the Subject Water Rights described herein will not injuriously affect the owner of or persons entitled to use water under a vested water right or a decreed conditional water right. 6. If operated in accordance with the teens and conditions of this decree, the amendment to the plan for augmentation described herein will prevent injury to senior vested or decreed conditional water rights. 7. The subject Applications are in accordance with Colorado law. Applicant has fulfilled all legal requirements for entry of a decree in this case. 11I. JUDGMENT AND DECREE 1. The foregoing Findings of fact and conclusions of law are incorporated herein. 2. The Court hereby confirms and decrees the changes ofthe Subject Water Rights, as described more particularly herein, 3. The Court hereby decrees and approves the amendment to the plan for augmentation, as described more particularly herein. 4. The W-2206 Decree remains in full force and effect, except as it is expressly modified and amended herein. S. In consideration of the specific findings and conclusions made herein, and in conformance with. C.R.S. § 37-92-304(6) (1990), as amended. the change of water rights decreed herein shall be subject to reconsideration by the Water Judge on the question of injury to the vested water rights of others for a period of ten years from the date of entry of this decree. If no petition for reconsideration is tiled within said ten years, retention of jurisdiction for this purpose shall Case No. 99CW300 Applicant: American Soda, L.L.P.,, a Colorado Limited Liability Partnership Findings of Fact. Judgment and Decree of Water Court Page 28 • automatically expire. Any party who wants the Court to reconsider the question of injury must file a verified petition with the Court, setting forth the facts that cause such injury and explaining the claimed injury. The party fling the petition shall have the burden of going forward to establish the prima facie facts alleged in the petition. If the Court finds those facts to be established, the Applicant shall thereupon bear the burden of proof to show (a) that any modification sought by the Applicant will avoid injury to other water rights, or ( b) that any modification sought by the petitioner is not required to avoid injury to other water rights, or (c) that any term or condition proposed by Applicant in response to the petition does avoid injury to other water rights. 6. In conformance with Colo. Rev. Stat. §37-92-305(8), the State Engineer shall curtail all out -of -priority diversions, the depletions from which are not so replaced as to prevent injury. 7. Review of determinations made by the Division Engineer or the State Engineer in administration of the change of water rights and amendment to plan for augmentation are "water matters" which the Water Court may review de novo and over which the Water Court has exclusive j urisdiction. It is accordingly ordered that this judgment and decree shall be filed with the Water Clerk and shall become effective upon such filing, subject to judicial review pursuant to C.R.S. §37-92- 304, as amended. It is further ordered that a copy of this judgment and decree shall be filed with the State Engineer and the Division Engineer for Water Division No. 5. Done at the City of Glenwood Springs, Colorado, thi Copy of the fc egoina mailed to 111 Counsel �f RecordyWater Referee, ON, Engineer end Siete Enginee ete )31,74441,-- C'r�rk War PM -4 (10-9,/ 4 le,b,tionz.4) net. kyetfityi- , ',4 H WP-Docx'.KimAMC Clime Amcncu, Sed3 W300.Plrafiugs Final decree wpd BY THE COURT: 'dayof--_:� Thomas W. Ossola, Water Judge , 2003. Case No. 99CW3O0 Applicant: American Soda, L.L.P., a Colorado Limited Liability Partnership Findings of Pact, Judgment and Decree of water Court Page 29 • EXHIBIT A This Exhibit, the decree in W-2206, is on file with the Court. • • EXHIBIT 13 MONTHLY CONSUMPTIVE USE ANALYSIS FOR CASE NO. W-2206 Water Right ROARING FORK Southard and Cavanaugh Staton Atkinson TOTALS Apr May PARACHUTE Parachute and Vieweg Low Cost Benson Barnett GranIee Davenport and. West Fork 'Fast Foik PLR CCD Charley Dere TOTALS 3.20 0.00 13.23 Consumptive Use (acre-feet) Jun Jul Aug Sep 24.21 31.24 26.10 1I.81 Total 4.16 7.4 Apr 15.49 20.88 0.13 1.27 6.22 0.42 0.78 17.20 31.2 2.65 3L46 3.98 2.96 0.00 40.61 33.92 15.36 58.3 75.8 63.0 27.2 May Jun 57.31 77.22 0.46 4.63 109 8 10.37 142,7 262.9 Jul Aug Sep Oct Total 98.80 124.62 133.12 167.92 0.80 L03 8.00 10.33 102.96 138.73 0.88 8.85 53.15 71.61 0.46 4.60 17.16 23.12 0.13 1.32 469.5 632.6 72.71 39.20 50.63 0.42 0.17 0 42 1 5 1.54} 062 1.54 2.67 3.44 2.67 3,44 1.07 1.38 43.34 2.95 2.95 22.54 1.53 1.53 6.46 0.44 0.44 3.9 39.0 191.1 13.0 13.0 2.67 3.44 1.18 0.61 0.18 5.2 45.4 167.6 289.0 366.2 TOTAL FOR ALL DITCHES Notes: Monthly CU based on in W-2206. Staton Ditch monthly Workbook: 9 W300 k:Mbii B x1. W+az i:Hwcz 'WISED CU by I'nuniy 2.95 1.53 0.44 13.0 304.8 157.6 49.7 1380.3 52.8 198.8 347.3 442.1 367.8 184.7 49.7 1643.2 irrigation season decreed for Roaring Fork (4/15-9130) and Parachute Creek (4115-10/31) water rights. CU includes a reduction of 11.63 of of CU decreed far augmentation of Coryell Ponds in 90CW 156. • • • EXHIBIT C Leases The following lands, identified by federal lease number, are subject to preference right sodium leases issued by the United States pursuant to the iVlineral Leasing Act, supra. Present Lease C-0118328: Preference Right Sodium Lease No. C-0118328, dated January 30, 1992, and recorded January 30,1992, as Reception No. 244934 in Book 494 at page 287 in the Office of the Clerk and Recorder, Rio Blanco County, Colorado, covers the following lands: T. 1 S., R. 97 W., 6th P.Ni. Section 15: E/zNw/, Nw%4Nw/4, SW/4SW/4, AND EI/zSEi; Section 16: All; Section 17: AIL Section 18: Lots 1 to 4, inclusive, E36 and E%WYE; and Section 21: NW/INV/4, NWA, AND NE/4SW/4, Present Lease C-0118329: Preference Right Sodium Lease No. C-0118329, dated January 30, 1992, and recorded January 30, 1992, as Reception No. 244935 in Book 494 at page 294 in the Office of the Clerk and Recorder, Rio Blanco County, Colorado, covers the following lands: T. 1 S., R. 97 W., 6th P.M. Section 19: Lots 1 to 4, inclusive, E% and EV2W1/2; Section 20: ,All; Section 21: S Sw/4 AND E,'?SE%4, Section 22: Lo�rtssr1 to 14, inclusive;f�/±�� Section 28: E�,NE/4, SW/4NE/4, AND W/NW/4; and Section 29: N%z. Present Lease No. C-0120057 [he third Preference Right Sothunm Lease -No: C-0120057, coated March-�I-9g, oa rs the 111/ following lands: Section 3: Section 4: Section 5: Section 8: Section 9: • T. 2 S., R. 9b W., 6ih RM. Lots 16 to 19, inclusive; Lots 5 to 20, inclusive; Lots 1 to 3, inclusive, SlzNE', SE'/NNW', NE%SWy, S%aSWV4, AND SES; All; and N'/2N%, SW VINEi/a, AND S% NW Va. American Soda; 970 285 5393; ?4ay•11-01 10:22; C O K' M I T H g N T Plat id NQ. ScRIEVer A tconelauad) Order No. 500307b -C3 5. The land referred to en the Cc."tait ant is eoeeeieg the land in the state of Colorado, County of Garfield , described as follawe: PARCEL A: A tract of land situated in 5ectz.Orls 34 and 3b. Township 6 Soucn and Sections 1, 2 and 3, Township 7 South. all in Range 96 West of the Sixth Principal Meridian, Gargield County, Colorado, being more particularly described as follows: 3eginnisg at the SE corner of Said Section 3; thence i1].2•54'10" E along the as line of said Secclon 3 a diS:ance of 2671.84 feet to the 51/4 Corner of Said SeCtlon 3; thence N88.33'13- W along the ease -west eencerline of said Seeein 3 a distance of 2894.96 feet to he center of said Section 3, ChenCo N07.14"119" S along the rxerrth-south centerline of said Section 3 a distance of 2655.71 feet to Cho N1/4 corner of said Section 3; thence :vee°1B'46" W along the north line of said Section 3 a distance Of 1299.93 feet to the SE toner of the 11/2W1/2 of said Section 3tr thence NO1'28'57" E along ;.he east line of the W1/2W1/2 et said Section 34 a distance of 27731.31 feet to a point on the southerly ri.ghc-of-way of County Road 4,215; thence 442.42 feet along said southerly right-of-way an arc of a curve co the left having a radius Of 1350.00 teat, on included angle of I6"21'14" and a chord which Pears 848.51'23" a distance of 440.92 feet; thence S5'r°02'00. 8 along sand right-of-way a distance of 72.08 feet: thence 290.07 feet along said right -of -ray en arc of a curve to the left having a radius of a.390458 feet, an included angle of 11'57'06" and a chord which hears S634,00'33• E a distance of 250.22 feet to a point on the west line of UNOCAL parcel 76811 thence N01a45'39" E along amid west line a distance of 339.02 feet: co the northweat corner of said ;parcel, also being a point on the east -rest: centerline of saidlgeetion 34, thence 5a8.41'26' Z along said east -west centerline of Section 34 4 distance of 664.00 feet to the center of Section 34: thence See•43'59" E continuing along said east -west centerline of Section 34 a distance of 26331.21 teat to the EI/4 corner of laid 8BCL.On 34; thence 501°35'46" W along end east line of said Section 34 a distance ut 1339.40 feet to the 51/16 ;corner common to said Sections 34 and 35; thence 468°26' 30- E along they north line of the SW1/4SW1/4 of said Section 35 a distance of 1322.74 feet co the NE corner os: t.hrt SIfl/4SW1/4 of Jaid Section 3S, !:hence S01•1.7'20- W along the east line of the sill/4Sw1/4 vt said Section 35 a dist mce of 1335.01 feet to the SE corner of the 6al1/4SW1/4 or Section 35; - Chence S88°36"2e- c along the south line v? said Section 35 a dieeennce of 1333.53 feet eo the S1/4 Corner of said Section 35; (Cantineerl) FIRST AMERICAN TITLS INSFRANC3s COMPAI • 1111HEI 111E1111111111111111111!11111111 ijJ 111111111 Fill 545332 85/12/1499 12:091a51129 P114 ri ALSDORF 5 of 7 ,R 36.00 0 e.ea GARFIELD COUNTY CO • • • Rmerlcan Soda; 970 285 6393; :lay -11-u1 1U:2..1; ray C .3/0 ne.,2A: hRSCRIPTIo.( (coatiauad) Order No_ 500307-03 thence 587'16'56" continuing along said south line .1 distance of 1277.75 feet to the Ng corner; of the NEI/INE1/4 of said Section 2; thence 507°36'11' W along the westlinc of said NE1/4NE1/4 cs of 1116.93 feet to the 5k corner cf Said NE1/4NE1/1; thence S89°40'30" 2 along the south line of said NE1/4WE1/1 of 1294.06 teet Cv the 5E corner of said TE1/4NE1/4: thence SO7'07'32' W along themist line of vaid Section 2 a of 1142.72 feet to the E1/4 corner of said Section 2; thence S06'29'46" W continuing along said east line a distance of 1336-0B feet to the S1/16 corner common to Sections 1 and 2; thence 583'45'53" W along the;s:crtnerly line of the SE1/4SE1/4 of said Section 2 a diatance of 245.55 feet to a point on tho westerly right-of-way of County Rood #235; thence 178.83 feet along said right-ot-way, an arc of a spiral curve co Che left Che chord of which; bears S14°31'37" E a distance of 173.82 feet; thence continuing along said *fight"of-way 361.91 feet along an arc of a circular curve to the lett ?Laving a radius of 1195,92 feet, an included angle of 1'7'2.7' 03', uid a Chord which boars S28605'09° E a distance of 360.42 feet to a point on the northerly line at the U.S. Lada. Inc. property dB rccor'cic4 in Book 899 at Page 699 of the Garfield County Records; thence S89.22`i1" W Along said northerLy line a distance of 153..50 feet to the Northwest corner of said 4.5. Lab.. property: thence along the westerly line of sriad U.S. Lab. Inc. property the following nine courser: 833.36'23' 2 a distance of 430.65 feet: thanco 516.42'11' W a distance of 49,62 feet: thence S26.35'09' W a distance of 85.01 feet; thence S00.36'50` 8 a distancd 519'51'041 E a distance 540'54'54' S R distancd 578.12' 62' t; a distance' N80'37'12' E a dintance thence S23'34.02' E 8 dis taa:ce line of said Section 2; thence N88•20•19" w along said south to the 81/16 corner between Sections thence N88620'26` W along said south co the S1/4 corner of said Section 2; thence 585'30'58' W continuing along said south lint 2556.13 feet to th4 SW corner ;of said Section 2, the neginning. EXCEPT the right-of-way for distance a distance distance thence thence ch encs thence of of of of of os~ 58.17 feet: 18.66 feet; 42.77 feet: 69.63 feet; 33.42 feats 192.11 feet to a point on the south line a distance of 1116.66 feet 1 and 2; line a distance of 13.16.03 feet (Continued) a distance of point of County Road #215 as recorded an Book 657 1Inn 1111111111111111111111NEN 11111 1'111111 545332 05/12/19 12;09P 81129 P115 e1 RLSDORF P>;RST AMERICAN TITLE INSURANCE COMPANY d of 7 R 38.00 0 $.00 GARFIELD COUNTY CD .American Soda; 970 285 3393; May -11-01 10:23; t -age vrn LES DEscRIP XON (continued) Order No. 500307-C3 at Page 419, Book 659 at Page 76213Book of �7Q2GariPagesd County through grd4a5 and Book 714 at Pages 01 thrdug • FIRST 7J4BRICAN TITLE rNSU2ANCE Cf3M?AlY • 111101 l 1111111111111111111111111 [[11111111111 111111 545332 ®�It213999 12:i9P B1112S Pt115 M RU3ORF 7 of 7 R a .0a 0 e.�e GPRFIELD COUNTY CO • EXHIBIT C (CONTINUED) AND a tract of land located in Township 1 South, Range 97 West, Rio Blanco County, Colorado: 1) Section 30; 2) NW1/4 of Section 29; 3) NW'/4 of the SW1/4 of Section 21; 4) Section 7; 5) Section 8; 6) Section 9; 7) SW1/4; NW'/4 of the NW1/4; S%2 of the NWS; all in Section 10. • s • AUGMENTATION PLAN • • AMERICAN • SODA,LLP Ed Cooley Environmental Health and Safety Manager 2717 County Rca0 215 Parachute, CO 81635 Tuesday, April 13, 2004 ENV.84.04 Alan Martellaro Division Engineer Division 5 Water Resources P.O. Box 396 50633 US Highway 6&24 Glenwood Springs. Colorado 81601 Dear Alan: DirecT Line (970) 285-407 International Telephone .1 (970) 285-o.;C0 Genera! Facstmde (970) 285-o.3 Re: 2004 Water Augmentation Plan, The following is American Soda's 2004 Water Augmentation Plan. Paragraph 30 of Decree 99CW300 states Paragraph 3.F.(1) (pages 37) of the Decree W-2206 is hereby entirely replaced and superceded by the following term and condition: Because the lands historically irrigated by the subject Roaring Fork River drainage rights nave been taken out of production, said rights will be dedicated to use under the subject water supply and augmentation plan each year. No further notice of the intent to use the rigr'Ets for these purposes is required. Even though there is no requirement of notice to use these rights, I am listing them as part of our augmentation plan since other water rights are also used to fulfill the total plan and there might be confusion as to whether adequate rights were available to meet our needs when one reviews the plan. This is American Soda's notice to the Division Engineer that we pion to use the following "Water Rights" to augment water diversions for use in our operations during the year 2004, When the water rights are in priority and physically available, between April 15 and September 30 the Pumping Pipeline and Parachute Wells diversions will be augmented by the Roaring Crystai _fear :r .6rAc . amer=console. nm Fork River Drainage Rights cna the Parachure Creek Drainage Rights against any sensor dawn stream call on the main stem of the Colorado River. Between September 30 and October 31 the Pumping Pipeline and Parachute WeiIs diversions will be augmented by the Parachute Creek Drainage Rights against any senior down stream call on the main stem of the Colorado River. Berween April 15 and October 31 the Pumping Pipeline and Parachute Wells diversions will be augmented against local calls on Parachute Creek by the Parachute Creek Drainage Rights. When and if the Roaring Fork River Drainage Rights or the Parachute Creek Drainage Rights are out of priority, not physically available or adequate, and at times of the year other than April 15 through October 31 the Pumping Pipeline and Parachute Wells diversions will be augmented by releases from Wolford Mountain Reservoir and/or Ruedi Reservoir pursuant to American Soda's contracts with the Colorado River Water Conservation District. Projected water usage and replacements are shown on Exhibit A to this letter. Monthly Consumptive Use Analysis for Roaring Fork and Parachute Drainage Rights or shown on Exhibit B to this letter. If you require more information please contact me at 970-285-0407. Sincere, (( Ed Cooley Environmental Health and Safety Manager cc: Charlie Yates Chris Coyle Terry Satterfield Scott Balcomb Rick Parsons Dave Merritt Jim Lemon Bill Blakeslee Larry Geofart • • Exhibit A American Soda Demands and Depletions In The Colorado River Basin Water Year 2003 • Meadow Wells Pumping Pipeline Domestic Use Total Total Date gallons _ '__211t__- 1,512,000 acre feet gallons 9,341,576 acre feel 28.6 gallons 164,300 acre feet 0.5 CU (ac -ft) 0.05 Demand 33.7 (ac -ft) CU(ac-ft) 33.6 Nov, 2003 4.6 Dec, 2003 1,430,000 4.4 5,402,542 16.6 173,500 0.53 0.05 21.5 21.4 Jan, 2004 3,189,600 9.8 6,407,512 19.7 153,500 0.47 0.05 30 29.9 Feb, 2004 9,469,505 29 0 0 172,600 0.53 0.05 29.5 29 4 Mar, 2004 6,666,944 20.5 0 0 186,200 0.57 0.05 21.1 21 Apr, 2004 5,550,000 17 0 0 185,000 0.57 0.05 17.6 173 May, 2004 7,005,000 21.5 0 0 190,000 0.58 0.06 22.1 22 Jun, 2004 6,856,000 21 0 0 186,000 0.57 0.06 21.6_ 21.5 Jul, 2004 6,250,000 19.2 0 0 179,000 0.55 0.05 19.8 - 19.7 Aug, 2004 5,890,000 18.1 0 0 165,000 0.51 0.05 18.6 18.5 Sep, 2004 5,003,000 15.4 0 0 125,000 0.39 0.04 15.8 15.7 Of t, 2004 4,890,000 15 0 0 105,000 0.32 0 03 15.3 15,2 Total 63,712,049 195.5 21,151,630 64 9 1,985,100' 6.09 (1 59 266.6 265.4 • 1 EXIIIBIT B 15I1)N'I'[ILV Ut)NSIII'IPi'IVI. USE ANALYSIS FOR CASE NO- W-2206 Water Hight lt( lAit!N() FORK Apr 1lltty Jun °,aiiiih aad and Cavanaugh 3.20 13 23 2.1.21 'til:atiin 0.00 0 78 2.65 Allinson 1 16 17.20 31.40 7.4 31.2 58.3 Consumptive Ilse (acre-feet) •1'O'I'A1.S 1'ARAUJ IU 1'L' Apr May Jut 1 .1 ul 31.24 3.98 40 61 75.8 Jul 1 Aug Sep 26.10 j 11.81 2.96 l 0.00 `I'utal 33.92 y 1536 63.0 27.2 Aug Sep 109.8 1(1.37 112.7 (let 262.9 'lot:aI 1 1';ai ilnric and Vieeva;l; 1 ur.• 1'aisl Henson 41atnell it inlee 1)4‘ import and West Folk I-asi Fink 1'1 It 1'r tr 1 ion ley Dere I'4 )1'A LS 15 19 20.88 0.13 1.27 0.22 11 42 0.42 0.17 0.42 57 31 77.22 0.46 4.63 22.71 1.54 1.51 98 80 124.62 r 102.96 53.15 17.16 469.5 133.12 167.92 138.73 71.61 23.12 0.80 8.00 39.20 2.67 2.67 1.03 10.33 50.63 3.44 0.62 1.07 1.51 2.67' 3.44 1.38 3.14 0.88 8.85 •13.31 2.95 2.95 1 18 0.46 0.13 4.60 1.32 22.51 6.•16 1.53 1.53 0.61 0.44 0.44 0.18 632.6 3.9 39.0 191.1 130 2.95 1.53 0.44 13.0 5.2 130 45.-1 167.6 289.0 366.2 30•t 8 157.6 49.7 1380,3 1(7FAL FOR ALL DITCHES 52.8 198.8 347.3 442.1 367.8 184.7 49.7 1643.2 • Notes: Monthly CU bused on irrigation season decreed for Rowing Folk (4115.9130) and Parachute Creek (4/15-10/31) water tights. in W-2206. Simon Ditch Inunllrly CU includes a reduction of 11.63 of of CU decreed far augtne'dation ofCoryell Ponds in 90CW 156. vasa Era aii H ■as 'a'ISH a. 'II by ►rinrur • WATER CONTRACT • • • • LOYAL E. LEAVENWORTH SANDER N. KARP DAVID E. LEAVENWORTH. JR. DAVID C HALLFORD GREGORY J. HALL DAVID H. McCONAUGHY SUSAN W LAATSCH JAMES S. NEU JULIE C. BERQUIST JOSLYN V WOOD NICOLE D. GARRIMONE ROBERT B. REICH RECORD COPY LEAVENWORTH & KARP, P.C. ATTORNEYS AT LAW 1011 GRAND .AVENUE P. 0. DRAWER 3030 GLE.NWOOD SPRINGS. COLORADO 81602 Telephone: (970i945.2261 Facsimile•. 5970) 945-7336 LKLaw@Sopns.net Mr. Kurt Nielsen, General Manager American Soda, LLP 2717 County Road 2I5 Parachute, CO 81635 June 12, 2001 DENVER OFFICE:' THE TERRACENTRE BUILDING 1101 STOUT STREET. SUITE 471) DENVER. COLORADO 80204 Telephone: 13031825- 3995 Facsimile: 1303) 825-3997 V "(Please direct all correspondence to rnir Glenwood Sprrttws Officer FILE / v.7c, 715a/ RE: AMERICAN SODA. LLP WATER SUPPLY CONTRACT - #CW01005 Dear N1r. Nielsen: 1 am enclosing for your records an original of the fully executed Water Supply Contract between American Soda, LLP and the Colorado River Water Conservation District's Enterprise. The total sum of S63.000.00, being S105.00 for each acre foot of 600 acre feet of Colorado River Supply, is now due for the first full. Project Year (July 2001 through June 2002). That amount, as revised for changes in O&M charges, will be due on or before each subsequent April 1' for the next upcoming Project Year, and the River District's staff will invoice you as a reminder. Please contact Cheryl Dunlap, the River District accountant, with any payment or billing questions you might have. Her phone number is 945-8522. The River District appreciates the opportunity to provide water supply for your operations. Congratulations on your recent "grand opening." DC H: eg Enclosure cc: Scott Baleomb, Esq., v/enc. Dave Merritt w/o enc. Cheryl Dunlap w/o enc. 1:`,2001‘DCHidenerrr+ k1n-pme-ltr.wpd Very truly yours, LEAVENWORTH & KARP, P.C. 4/ .0( David C. Hallford • • • #CW01005 Vs. AYER SI PP! Y CONTRACT This Contract is made between the Colorado River Water Conservation District herein the "River District"). a political subdivision of the State of Colorado acting by and through its Colorado River Water Projects Enterprise. and American Soda. LLP ( herein "Contractor") effective as of the date of the River District's execution hereof indicated below. Recitals A. The River District is authorized to contract to deliver water for beneficial use from River District water projects pursuant to provisions of C.R.S. § 37-46-101, et seq.. (herein "River District Organic Act"). B. The River District is the owner and operator of the Wolford Mountain Reservoir Project located on the Muddv Creek drainage near Kremmling. Colorado. having obtained necessary decrees from the District Court in and for Colorado Water Division No. 5 (herein "Water Court") and permits from governmental agencies, and the River District is entitled to deliveries of water from Ruedi Reservoir under its Contracts with the U.S. Bureau of Reclamation. C. The River District's Board of Directors has adopted a Water Marketing Policy as revised on January 17, 2001. to provide for the use of water available from the River District's sources of supply pursuant to contracts. and that Water Marketing Policy is to be implemented through the River District's Water Projects Enterprise. D. Contractor has a need for wholesale water supply, demonstrated in its submittals to the River District pursuant to the Water Marketing Policy's contracting process. in the amount of 600 acre feet annually for municipal and industrial purposes which beneficial uses will be accomplished by .Contractor generally in the vicinity of Parachute by diversions from or within the Colorado River drainage. E. Contractor has reviewed the Water Marketing Policy and is aware of the "Hydrology Assumptions" which are part of that Policy and is satisfied. based on its review and investigations. that Contractor legal!v and physically can make use for its intended purposes of the Contracted Water which is the subject of this Contract and that such use will comply with the Water Marketing Policy and the Project's permits and decrees. • • Definitions In this Contract certain terms will have definitions as stated below: • The "River District" means the Colorado River Water Conservation District created and existing pursuant to the River District Organic Act defined in Recital No. 1 and acting by and through its Colorado River Water Projects Enterprise which is currently described and memorialized in the Resolution of the Colorado River Water Conservation District's Board of Directors dated January 17, 2001. • The "Projects means the River District's "Colorado River Supply"' from (1) Wolford Mountain Reservoir, for which storage water right decrees were obtained by the River District in Cases No. 87CW283, 95CW281 and 98CW237 District Court for Colorado Water Division No. 5, and for which additional storage water right decrees may be obtained in the future by the River District in other cases; and (2) the River District's contractual right to water deliveries from Ruedi Reservoir. • "Agricultural" means the use of water for commercial production of agricultural crops and livestock and other uses consistent with any right decreed for irrigation purposes. which uses are made on a parcel of land of at least ten acres. "Municipal and Industrial" means the use of water by individuals, cities, towns, public or quasi -public districts, private corporations. homeowners associations. or other entities for domestic, municipal. and miscellaneous related purposes as those terms are traditionally and commonly construed. including the use of water for purposes of producing or processing a nonagricultural product or service for sale, including without limitations, such uses as manufacturing. mining, milling, land reclamation, golf course irrigation, snowmaking. and nonhydroelectric power generation: and including the use of water for environmental mitigation purposes associated with such uses; but excepting the agricultural use of water defined herein. • "Contracted Water" means the water which is the subject of this Contract which is to be released and delivered by the River District and used by Contractor. The Contracted Water is 600 acre feet of Colorado River Supply available during each Project Year during the term of this Contract, subject to the provisions hereof. for Contractor's use without right of carryover of any amount not used in any Project Year. • • "Project Year" means a period of time from July 1 through and including the subsequent June 30. • • "Water Marketing Policy" means the River District's policy statement as revised and readopted January 17. 2001 and as rhe same may be amended in the future. "Project Hydrology Assumptions" or "Hydrology Assumptions" means the document attached as Appendix "A- to the Water Marketing Policy adopted on December 1. 1995. Agreements The foregoing Recitals and Definitions are incorporated herein as agreements between the River District and Contractor. 1. River District Water Delivery Obligations and Responsibilities. a. Delivery. The River District will deliver the Contracted Water at the outlet works of the Contracted Water's sources of supply into the receiving natural streams in quantities provided herein. Unless otherwise agreed to by the River District's General Manager based upon written request of Contractor. the River District will make releases for Contractor. based upon Contractor' s written schedule of anticipated demand. adjusted as necessary by the ongoing status of river administration vis-a-vis the priorily status of Contractor's diversions. Contractor shall be solely responsible after delivery for the legal and physical delivery and use of the Contracted Water. b. Delivery Contingencies. The River District's delivery of Contracted Water shall he subject to Contractor's payments pursuant to paragraph 3 below and the provisions for curtailment of deliveries in paragraph 5 below. c. Water Measurements. The River District shall measure at the outlet works of the Contracted Waters sources of supply all Contracted Water delivered from the account of Contractor and shall notify the Division Engineer of Colorado Water Division No. 5 of the date, time, amount of release of Contracted Water released and delivered pursuant to this Contract. Copies of such records shall be provided to Contractor upon its request therefor. _A_ • • • d. Water Quality. The River District shall have no obligation to Contractor or any other person regarding and makes no warranties or representations to Contractor concerning the quality of Contracted Water delivered pursuant to this Contract by releases of raw water to natural streams. e. Maintenance of Facilities. The River District shall use its best efforts to maintain in good working condition the water storage and release facilities of the Contracted Water. f. Withholding of Delivery. The River District may withhold deliveries of Contracted Water in the event of Contractor's nonpayment for Contracted Water or any other breach of this Contract by Contractor. Such remedy shall not be the River District's exclusive remedy in the event of any such breach. Delivery from Primary or Alternate Sources. The River District will deliver the Contracted Water from the sources ofCttilorado River Supply described herein which will best meet the Contractor's legal need to satisfy calls by senior water rights or the Contractor's physical need for any direct delivery of Contracted Water to Contractor's diversions. Subject to meeting those objectives. the River District reserves the right to provide all or any of the Contracted Water to Contractor from alternate reservoirs for Contractor's use. Any releases from alternate facilities shall not diminish the supply of Contracted Water or impair Contractor's legal or physical ability to make use of Contracted Water or to meet its obligations under any judicial or administrative approval described in paragraph 2.d. Contractor's Water Use Dbliaations and Responsibilities. a. Scheduling of Use. Contractor has provided the River District a preliminary written schedule of its anticipated monthly demands for Contracted Water during the upcoming Project Year on or before June 1 annually. The schedule provided by Contractor in its application for this Contract shall serve as the schedule to be used until it is modified in a written notice given by Contractor to the River District or as necessary in response to river administration of the Contractors diversions. The schedule shall identify the volume of any Contracted Water anticipated by Contractor not to be needed by it during any particular Project Year. The Contractor shall update said schedule periodically during the Project Year as conditions require and give the River District written notice of all such revisions. -4- • 1 h. Carriage Losses. Contractor shall bear carriage losses. either five percent of delivery or such other amount as is determined by the Division Engineer for Colorado Water Division No. 5, from the point of delivery of Contracted Water to Contractor's point(~) of use and/or exchange or auk*mentation. c. t ' e Per Contract and Law. Contractor's use of Contracted Water shall in all instances be in accordance with the terms of this Contract and the Water Marketing Policy and in accordance with Colorado law concerning water rights and water use and all decrees related to the Contracted Water. Contractor is not authorized to apply for or secure any change in the water rights for or associated with any of the sources of supply of the Contracted Water. d. Leal Approvals. Contractor shall al its sole expense adjudicate a plan or plans for augmentation or exchange and/or secure administrative approvals of any temporary substitute supply plans which are needed for Contractor to use its Contracted Water. Contractor already has filed such an application in Water Court Case No, 99CW300. If Contractor intends to make any such additional applications for any augmentation or exchange plants) or substitute supply plants), Contractor shall submit the proposed application to the River District within a reasonable time before Contractor proposes to file such application. The River District shall review for written approval such applications before they are submitted or tiled. and the River District's approval shall not be unreasonably withheld. The River District may in its discretion become a co - applicant in the prosecution of any such applications for the purpose of protecting its water rights and related policies. Contractor shall cause to be included in any final decree of the Water Court a provision conditioning Contractors use of the Contracted Water on the existence of a River District contract. e. Limitation on Disposition. Contractor shall not sublet. sell. donate, loan or otherwise dispose of any of its rights to this Contract or to Contracted Water without written notice to and the prior written approval of the River District. The River District's approval of such disposition shall be granted in all instances in which the Contractor is transferring the water system which supplies the Contracted Water, ora permanent transfer of the Contract is to be made to a successor in interest of Contractor by reason of the transfer of the title or other legal right to use the property served by the Contracted Water. or where the transfer is made to an entity such as a homeowners' association or special district created to serve the property originally represented to the River District to be served with the Contracted Water. -5- • • 1 f. Contractors Water Rates. Contractor may charge its water customers who are supplied with Contracted Water such rates and charges as are permitted by Colorado law. g. Nondiscri minat ion. Contractor shall not discriminate in the availability of or charges for any water service or water supply made available pursuant to or based upon the Contracted Water on account of race, color, religion, or national origin or any other criteria prohibited under state or federal law. h. Accounting of Use. Contractor shall maintain an accounting of its use of all water used or supplied by Contractor on 1-omi(s) acceptable to the River District specifically for the purpose of enabling the River District to prove the use of River District Project water rights and to administer and operate the Project and water right decrees and/or administrative approvals related to Contractor's use of Contracted Water. Contractor shall submit its accounting forms and records to the River District promptly upon request and shall assist the River District as it may reasonably request in presenting and/or verifying such evidence of use in court or before administrative agencies by testimony of Contractor or its authorized and informed officers or agents. 3. Contractor's Payments. a. In addition to the application fee already paid by Contractor. in order for the River District's delivery obligation to become effective immediately Contractor shall pay to the River District on the execution of this Contract the total sum of $63,000.00. being $105.00 for each acre foot of 600 acre feet of Colorado River Supply ( the Contracted Water), for the first full Project Year (July 2001 through June 2002). It is understood that the River District's delivery obligation shall become effective on July 1, 2001. Thereafter, on or before April 1" of each year Contractor shall pay to the River District that amount, or the adjusted amount as provided below. for the next upcoming Project Year. b. 11 is understood that the base price of S105.00 per acre foot of Colorado River Supply Contracted Water Contracted Water includes an amount charged for Project operation and maintenance ("O&M") in the amount of $20.00 for Colorado River Supply. On April 1. 2003 and every five years thereafter those O&M charges shall -6- • • • be adjusted based on the cumulative change in the Boulder -Denver Metro Area Consumer Price Index ("All Items") and Contractor's subsequent annual payments for Contracted Water shall be adjusted accordingly, 4. Contract Term. a. Subject to the provisions of subparagraph 6.b below. the initial term of this Contract shall be for a period of up to forty (40) years from the date of the execution of this Contract. b. Upon the completion of the initial term and subject to the provisions of subparagraph 6.b below, Contractor shall have the right to renew this Contract fora secondary term of thirty-five (35) years. which shall commence upon the expiration of the initial term. If Contractor desires to so renew this Contract. it shall provide the River District written notice of its intention to do so at least ninety (91]) days prior to the expiration of the initial term of this Contract. Thereafter_ and prior to the expiration of the initial term, the River District and Contractor shall execute a supplemental agreement of renewal in a form mutually acceptable to the River District and Contractor. If such notice of intention to renew is not provided and such supplemental agreement is not executed, no renewal term shall commence. c. Upon renewal, the following terms of this Contract shall be subject to renegotiation: (1) The charge for and adjustment of operation and maintenance may be increased or modified based upon the adequacy of the charge and its modification under this Contract to cover the River District's operation and maintenance costs actually experienced during the initial term. (2) The need or appropriateness of any conservation plan concerning Contractor's use of Contracted Water as determined by the River District. 5. Water Shortage. In the event that the River District is unable. because of either legal or physical reasons, to deliver any or all of the full amount of water contracted from the Project. including the Contracted Water, the River District reserves the right to apportion the Project's available water among its several contractors, including Contractor, in the manner provided in Section 6 of the Water Marketing Policy. -7- • 6. Contract Termination. a. Termination bv River District. (1) The River District may terminate this Contract for any violation or breach of the terms of this Contract by Contractor, including Contractor's failure to pay timely any sum or amount due under this Contract within 30 days after receiving written notice from the River District of such breach. (2) The River District also may terminate this Contract if. in its discretion any judicial or administrative proceedings initiated by Contractor as contemplated in subparagraph 2.d above. threaten the River District's authority to contract for delivery of Project Water or the River District's water rights, permits. or other interests associated with the Project. (3) The River District may terminate this Contract if its legal ability to deliver Contracted Water is materially impaired or is eliminated because of the termination or adverse modification of permits, decrees or other authorizations which are needed to deliver the Contracted Water. b. Terni111,aion bv Contractor: (1) Contractor may terminate this Contract in its entirety for any reason by giving the River District at least thirty (30) days advance notice prior to the due date of Contractor's next annual payment. (2) Every fifth year after the year in which this Contract is executed, Contractor may partially terminate this Contract as to the amount of Contracted Water by giving the River District at least 30 days advance notice prior to the due date of Contractor's next annual payment. Partial termination by Contractor shall not exceed more than fifty percent (50%) of the amount of Contracted Water which is then under contract. (3) Within thirty (30) days or final approval of the Water Court application contemplated by paragraph 2.d. Contractor may by written notice to the River District partially terminate this Contract as to the amount of Contracted Water which is not needed under that approval. -8- • c. Notice of Termination to Affected Officials. The River District will notify the Division Engineer and any other appropriate governmental officials of any full or partial contract termination except for any partial termination under subparagraph 6.b(3). 7. Miscel laneousiStandard Provisions. a. Notices. (1) All notices required or appropriate under or pursuant to this Contract shall be given in writing mailed or delivered to the parties at the following addresses: River District: Colorado River Water Conservation District P. 0. Box 1120 201 Centennial Street, Suite 204 Glenwood Springs., Colorado 81602 Attention: Secretary of General Manager Contractor: Kurt Nielsen. General Manager American Soda. L.L.P. 2717 County Road 215 Parachute. Colorado 81635 with copy to: Scott M. Balcomb Attorney at Law Balcomb & Green, P.C. 818 Colorado Avenue Glenwood Springs, Colorado 81601 (2) Either party may, by written notice given in accordance with this provision, chane the address to which notices to it shall be mailed or delivered. -9- • • • b. Amendments. No amendment. modification. or novation of this contract or its provisions and implementation !Alai I be effective unless documented in writing which is approved and executed by both parties with the same formality as they have approved and executed this Contract. D FIE: 6 --(9-c ATTEST: Richard Eric Kuhn Secretary / General Manager COLORADO RIVER WATER CONSERVATION DISTRICT acting by and through its Colorado River Water Projects Enterprise Paul J. Ohri. President AMERICAN SODA. L.L.P. Byp " Kurt Nielsen. General Manager -10- • • • VERIFICATION STATE OF COLORADO i ) ss. COUNTY OF GARFIELD ) The foregoing Water Supply Contract was subscribed and sworn to before me by Paul J.Ohri as President of the Colorado River Water Conservation District, acting by and through its Colorado River Water Projects Enterprise this 134-1.-• day of �' t�.�.. .., 2001. Witness my hand and offi My Commission Expires: ota6y'T'ublic STATE OF COLORADO My Commission Expires 04.'0117003 ) COUNTY OF GARFIELD ) ss. The foregoing Water Supply Contract was subscribed and sworn to before me by Richard Eric Kuhn. as Secretary/General Manager. of the Colorado River Water Conservation District, acting by and through its Colorado River .��y., .:._ t, Enterprise this II -M -day of.fie , 2001. Witness my hand and i iaa1 seal. .�' • ELA,NE L. BENSON 9 . ' ,Q'' ty Public My Commission. Expires: �0F••G 50;.'` My Commission Expires 04; r • STATE OF COLORADO COUNTY OF ri r-, ELr: } ) ss. The foregoing Water Supply Contract was subscribed Nielsen as General Manager for American Soda. L.L.P.• this Witness my hand and official seal. My Commission Expires: w hNY • . . •,t' 1)4 I':lwp + I1clai nclwI rntkig1AmencanSixla2'.wpc! -11- sworn t+ before me by Kurt day of otyry Prig .S>'' u l ' •' -•' OF Oak -,1. y" Building & Planning Department Official Copy Do Not Remove From Office • Operating & Financia it); V Z W E 2 u) _ •o 1:3 71 v ._ CrN_ J a) E = o a) CL Fortune 500 Company Land Owner 1 - 2,197 Acres Yankee Gu Resource Company Private Natura 1 o �_ 4a 2 (II -0 0 c 0)0 ... a ,> 2 L i 2 >- a asImu Ects H v oa 0 Z c 1a V N ...�0 0 � V O (0 0. i� 4— o" 730 . N 0 O 11 e E '5 471 LV a 0 0 a O as0 L. -0 cn a o � o�•0�-0 a. O -0 F- .= L. ci. as o z 6 a (13 >I—cnz� 11111 co Carbonate E Z-5 0 0 Soda Ash Sodium Bicarbonate '43 L O a) fa "Greenest Chemica 1 U.S. Production = 600,000 TPY 0 a 0) Ci RS L vCimal Z C 0 co i a O RS O._ Ci) TA E m o LL a) 73 i o 0 ,N C.) a) viEj CD FGDIWater 4% Other 8% Container Glass 28% U.S. SODA ASH USES Chemicals 22% Pulp & Paper 2% Soaps 13% Fiber Glass 4% Flat Glass 15% Other Glass 3% 4,000 3,500- 3,000 2,500 2,000- 1,500 - 1,000- 500- 0 00- U.S. SODA ASH EXPORTS (From 1970 - 1995in T housands of Short Tons) s* 25Year Average Growth in Exports = '10.6% 4,000 - 3,500 - 3,000 - 2,500 - 2,000 -1,500 - 1,000 0 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 - 500 0 OIL SHALE AND SODIUM MINERAL DEPOSITS IDAHOI� N WYOMING c VERNA WRN LEASES MEEKER 1 UTAH 1 NKEE-GULCH LEASES OLONY NAVAL RIFLE OLQ,400 GRAND c� RADO JUNCTION it N Ea U.S. SODIUM MINERAL LEASES PICEANCE CREEK BASIN R99W R98W R97W R96W 1-7 ROCK -SCHOOL LEASE WRN LEASES II WHITE RIVER NAHCOLITE SOLUTION MINING PLANT YANKEE GULCH LEASES AMERICAN SODA SOLUTION MINE TEST SITE 1970!72 SHELL OIL SOLUTION MINE TEST SITE JUHAN LE -NIE AS LSEN HORSE DRAW MINE STEEL LINED SHAF (8' X 2400') I T 1 N T 1 s T 2 s Area Modeled 0-5 Year Area Well Locations `,474\ ip vir•aligittv, '0 Sayek \Oir. 6 . 0 vitt ,, , V. s 0 sk t li,W1, . 0 OA # . 4 4 —"V. -41;94%T 4. Plan View �� .0-5 Year Area Disso 1000' American Soda, LL.P. Yankee Gulch Project ution Surface Love Bed Green° Bed Ti Bed _��1 1rime Area Modeled 0-5 Year Area Well Locations -5 Year Area 5 Pian. View 1000' American Soda, LL.P. Yankee Gulch Project Early Mining Phase (600 ft spacing) Area Modeled crqPirevIt414 Sisiew vit .4.11*$ 4 sti \hetS $ %IVACO* *IA "vol --v.704. sA Plan View 0-5 Year Area Well Locations — 0 e — 1000' 5 Year Area IVIid4V1 gFnase (300 ft spaa ) American Soda, LL.P. Yankee Gulch Project 0-5 Year Area Well Locations 1000' American Soda, L.L.P. Yankee Gulch Project Mature Mining Phase (300 ft spacing) 1400 1600— 2000 2200 cell Bore Dissolution Surface R-5 Zone L-4 Zone R-4 Zone L-3 Zone R-3 Zone American Soda, I.L.P. Yankee Gulch Project \ I t -150' Outline ofLeached Zone Love Bed Greeno Bed Ti Bed -600' Leached Le:ached Zone Outline C CZ Om ci;2r viElio 1 —o. 4D -c s °- Z O 5 c,. . cN a) O v ,_ o ›. r_ am ....2 WF-> ;E C CN .4-.1 -0 CD ._ ‘..) o 0 0 = 1 I - 1 IL75 CI (1) 4.--1 (1) CO a e (1)4-000N 0 a 2 Lcts _ o o as ° o' 'gym Oa izes & Dries Product. a) O O NG) ■ a p RS U RS O 'N _- 0 w *Eaw w cri O •a. 0 "§" —J Q Fugitive Dust. ution & Minima Low Impact on Air Po u F- 0 Z as EMI r_ co O o n 06 ce w CD 0 .- N N U � � Water Right. AMERICAN SODA, LLP. SODA ASH PROCESS FROM NAHCOLITE Fresh Brine Filter Sm Production Brine Atli Oversize 4 Recycled RIPPRINIMPI Stripping Circuit CO2 Cooler Spent Brine Heating Circuit Spent Bane CO2 Corepressor Falling Film Circuit cD Raw Vl�ter J► Retum Brine MVR Crystallizer Circuit AAMERICAN SODA, L.L.P. BICARBONATE PROCESS FROM NAHCOLITE cu Q) eL 0 E ..4&1 s ,e*,. ASH PROCESS 0 Jr P; --L (1) 0) 00 I-- 4.- - 0 CZ I:, C (I) 1 ........ 0)Ctii... a) — _ El 112 0 0 cn iZ N , CO C) , a) weels qi g€ ' loc a) Er? ttl. ck_ .= ..,,..._,..,...1 I.__ ,......F......,.... -,••••• 1 I ( 0 x peed den3 1 ..... .._......„4, ) -----.„N ''.'"'••, 11Z,,,\. \-‘-- i . ) t fiangely 1" RIO BLANCO CO. (139) Douglas Pass 8268, ft. American Soda Solution Mine Site 64 County Road 5 Project Pipeline- GARFIELD CO. De Becide, ) Wieekit- -•:. Parachute Site Rio Blanco ria Res_ Rifle Parachute .41:; OEM W 0 .3 u_ a) . sU) CD CM MS cI- CD O co E L ca ' U U) N •— E 1E •- •E E E O O U RS IS O. U O � J O 4—' crs o ci.C13 4E1E a) - E o. _ • � a > � C7 >4 ■ - (5 0 a) .L z 0 a) U. re L CU i7) 0 a. U as V 0 t-rn co 2 C = 0 4— -0 0 n._ca0) En0) CA ci u- CI)i•i; c i �'` W W W 1 4•9 o _O 0 L 0 0 N N N (0 Imo , .. 141-1 C > I m E D D =I al 4 rt • a N cn ra 0 co Zi (42 N a c s 0 ca 0 ii 1:_i cr) L C!i3 C13 0 0 I— .- 05 CD�C .� .— 0 N Io• U _ ■ _ W + v. W =as 4-J4-1 IIII -c u) E 2 0 (.) N 2,, N .s' 32 CO 647, > - o mcr> > < 0 0 0 0 0 00 II O O CVO 0 cf' M co .j.i e1 WW EE V i a � o o ZIP = o a C I< v o (l) m 10 13 as ;6, C7 0 N LU District = $139,000 Grand River Hospita 11 Severance Taxes = $2.0 Mi Estimated Annua L 10 a) . 0 CD 0- W E . o = L N E .� (A w O N L.. 0 2 a■i sa L04 O W Z V Q0O v.- MI i cn > Q == Cmaro 0 O ..0 a) ca = -� o m0 co lic 0 ce 2 (Du) 1‘) im 0 = so CD •I•J .j a) C 0 C `46c7 0 E 46 -0 a) CD co 0 E ;IS 4— C2 - o M- 0.)-CI ,o43 .°' m aw co _ = .... cn (;) iCti CI ca 0 2 a It' Cl. art U ct 013) v . ,C Cn (1) 1.1.1 -O I O E = •- o c O Er st ■ >%o o c,,.? -a E V a�� .1wo as 0 Targeting May, 1999 Ground Breaking. Start -Up, September - November, 2000. Completion, November, 2000. 0 O N s.. CIS CIN O ,v ..a O Cr)vs E E O U May -99 Jun -99 Jul -99 Aug -99 Sep -99 Oct -99 Nov -99 Dec -99 Jan -00 Feb -00 Mar -00 Apr -00 May -00 Jun -00 Jul -00 Aug -00 Sep -00 Number of Construction Workers N N ? 0) Ot) O N - 0) 0) O O O O O O O 0 O O O O AINflO3 0131ANVO Environmenta 0 a) V♦ Access without the ui c .O .t.z3 0 Q. 0 i 1- 0 E +ui U 0 ; > (n O 0 f J 0 RS .r-+ CU cis Q, .�..r O g o ti) .0 2 cts c a. CL ca o c as .O a) c , rn) pi) E E YANKEE GULCH SODIUM MINERALS PROJECT AMERICAN SODA, L.L.P. PARACHUTE PROCESSING OPERATION SPECIAL USE PERMIT: NOISE STUDY AND PLAN March 1999 NOISE STUDY AND PLAN The Parachute Site and Rail Spur are located in a generally rural area, with some light industrial land uses. At present, the area adjacent to the Parachute Site is used primarily by livestock and farming. Typically, noise level values for rural and semi - rural areas are 40 to 50 A -weighted decibels ((db(A)). The closest man-made noise source to the Parachute Site is County Road 215, located about 100 yards from the northern edge of Parachute Site. Noise levels associated with traffic on comparable roads have been measured at about 55 to 65 db(A). A. NOISE SOURCES The equipment and process facilities used for the proposed Yankee Gulch Project would generate noise that exceeds the current background levels at the Parachute Site, given its current inactive state. Equipment associated with the operation of the Parachute Processing Operation that would be the primary noise sources are described in the table below. Equipment Number Decibel Ratings at 3 Feet MVR Vapor Compressors 2 90* Circulation Pumps 4 85 Dryer Force Draft Fans 1 90 Dryer ID Fans 1 90 Dryer Drive 1 85 Centrifuges 3 85 Existing Boilers (not enclosed) 2 90** Bicarbonate Circulating Pump 1 85 Bicarbonate Dryer Fan 1 90 Air Compressor (in sound enclosure) 2 90 Main Belt Conveyor Drive 2 80 Source: Kvaerner Metals, 1999 * ** Motor, gearbox, and impeller are all noise generators, and combination of sound pressures may exceed 90 db(A). The combination may be as high as 93-98 db(A). This equipment is enclosed within the process building. Estimated based on similar installations. Specifications for existing Unocal boilers unavailable at time of submittal. In addition, truck trips associated with delivery of carbon dioxide and other supplies, as well as shipment of finished products will also generate noise at the Parachute Site and along County Road 215. Heavy trucks typically generate maximum noise levels of about 85 db(A). B. NOISE STANDARDS The State of Colorado has a statute governing sources of noise that constitute a public nuisance (12 CRS 25-12). Colorado noise standards are listed in the table below. These standards are based on the time of day and the environmental setting or "zone" where a facility is located. Noise levels radiating from a property line in excess of the standard when measured at a distance of 25 feet or more constitute prima facie evidence that such noise is a public nuisance. Daytime noise levels are permitted to exceed those listed in the table by 10 db(A) for a maximum of 15 minutes during any 1 -hour period. Noise standards apply to four zones: Residential, Commercial, Light Industrial, and Industrial. The Parachute Site would be considered an industrial zone with respect to the Colorado noise standard. Similarly, state law classifies active railroad lines as "industrial" with respect to the noise standard. Zone Permissible Noise Daytime (7 am to 7 pm) Standards [db(A)] Nighttime (7 pm to 7 am) Residential 55 50 Commercial 60 55 Light Industrial 70 65 Industrial 80 75 Source: 12 CRS 25-12 C. IMPACTS OF PLANT OPERATION As described above, the major noise emitting equipment at the Parachute Site would generate noise ranging in intensity from 80 to 90 db(A). While these noise levels exceed the state industrial noise standards of 80 db(A) during daytime and 75 db(A) at night, the installation of this equipment within buildings and enclosures would reduce noise levels during operation by approximately 30 dB(A) to a range of about 50 to 60 db(A), which is comparable to the noise level associated with County Road 215. Thus, noise from the processing facility operations would not be expected to exceed the state noise standard for noise during day or night and is unlikely to be noticeable from off-site public vantage points such as County Road 215 or nearby agricultural properties several hundred yards away from the Parachute Site boundary. Figure 1 provides a map illustrating noise levels that would be experienced at varying distances from the boilers, which are the loudest on-site noise source. D. TRUCK TRAFFIC AND RAIL SPUR NOISE IMPACTS Noise impacts during project operations would also include truck traffic. Noise levels from this source would be expected to be about 85 db(A) at a distance of 50 feet. It is possible residential zone standards would be exceeded for both daytime (55 dbA) and nighttime (50 dbA) conditions. It is important to note that noise intensity diminishes with distance from the source. The nearest residence is about 1,000 feet from County Road 215. Using a noise attenuation estimate of 6 db(A) for each doubling of the distance from the source (i.e., 50 feet, 100 feet, 200 feet, 400 feet), the noise generated by heavy-duty truck travel from the Parachute Site would be sufficiently attenuated to permissible daytime residential zone levels [55 db(A)] at about 0.3 mile. It would drop below background noise levels [45 db(A)] in approximately 1 mile. It is also important to note that truck traffic noise will be intermittent and short-term in duration. Figure 2 provides a map illustrating noise levels that would be experienced at varying distances from County Road 215 and the Rail Spur as a result of the Yankee Gulch Project. Based on review of studies performed on railroad operations at other locations, the following noise information was gathered, which is representative of noise impacts to be expected from American Soda's Rail Spur operations. A train moving at 50 mph generates a noise level of approximately 80 db(A) at a distance of 50 feet. A train moving at 20 mph generates a noise level of 71-72 db(A) at 50 feet. Trains associated with the Yankee Gulch Project would travel at a maximum speed of 10 mph. Thus, moving train noise would be expected to be less than 71 db(A). A recent study found no significant noise level was generated in car coupling activity. Locomotive noise was louder than the car switching noise because the trainmen now practice a "touch" system of coupling whereby cars are no longer jammed together but lightly connected, i.e. they flow into the connection quietly. In terms of Rail Spur operations, rail switching will be conducted at the Parachute Site, and not down adjacent to the main line near the Town of Parachute. The railroad will transport empty cars up to the Parachute Site and place them along a rail siding as directed by American Soda. The railroad will then haul the loaded cars down the Rail Spur to the main track in Parachute and continue on to their next switching job. The railroad estimates their total time in the Parachute area to be one hour daily, once per day, on average. As stated previously, their train will travel a maximum of 10 mph while on the American Soda rail spur. The railroad estimates this switching activity to take place normally somewhere between 6 pm and 10 pm on a Monday -Friday basis normally with occasional Saturday switching at either our request or due to their having missed a switch during the week. The state noise standard classifies railroad operations as industrial and thus, a standard of 80 db(A) during daytime and 75 db(A) at night would apply to Rail Spur operations. Based on this comparison, operation of the rail spur (about 71 dbA) would fall within the state noise standard. Train whistle noise has been measured at approximately 96 decibels, plus or minus 4 decibels, at a distance of 100 feet, 5 feet off of the ground. Though this exceeds state- mandated noise levels, this whistle noise level is a Federal Railway Administration requirement and cannot be modified. Train whistling will be sporadic and short-term (a few seconds) in nature and will be required for each crossing. w N &60000 w _ w W W W W W W ki(Hil NISI:A. RPI•n ( NOISE ATTENUATION TABLE t I INIc r r' n11it,. 800 feet 1600 54 feet dbA Nan„ Distance From Nnise Level Noise Source (feet) A-weighted Decibels �>U dbA 50 -6 100 -12 L.. ...... 400 feet j 404 zz•ev ar IQ 200 18 GG dbA aoo za 800 -24 30 3 6 j Macri Parkin �;at � ill! PLANT r Ery7RA "- �_ Admoriatry wr- t, CE ,_, .�,• - tj 1600 200 feet _ _ _ ', FVOTF'. Reduction by enclosure approximately-30 dbA Noise Parachute Processing Site be %-1`i�1 / CJ 72 dbA r . wino..; ., _ (f al4nnp•TRLCK wnrliR N 6600 W sources at will enclosed except where indicated, Noise generated I ♦ WARL AND L. 'VUSF - . • ',SNUI x'K „VV r JJ BLDG. � LAB(]Rnl ukY -- II PFHI WAl 'R I'L1MI' B r'Xrr Y iii7-,--____,._ y EXIT �_ LINK by housed equipment will attenuate to back round levels �.,/ r / - ��r"� �,}�'�` '- �� - °n• I- within plant rounds; approximately 200 feet from an eneiosed maximum srnrrce of 98 dbA. �� • � / 0 op 100 feet 78 dbA NEI r '1 ,, Idly .�r3'ENtR ' ittLI tiS '.� `, 11 - f t 'I '0 r I;C I KM, '11 _ T� ' 11 r.LINh: �_ _ ; 1 ' ; ,' �* "-• � Wdrr1{ /` �� O alll I )RAGP jCUUI lR1fI.DINF 11� A.�' }:RI 0 © - 0' E HI m 01-1,{�fR C1 IiInNK 'U1i 01,1P, ! ' I - .IY) N�6� III O"' 50 feet Al . BOILERS e e - /�7� 84 dbA m Imo (Not Enclosed) E i13 90 dbA. feet IVMI• nl9P1L lr 3200 feet i , 11. 48 dbA ` / Jj I SOLUTION WA RECEIVING -R'R 1 IANK ,YnNKR SIORM W il'; I'I:N'1'It] IYINI , 1'l - '" ill "i Nq[+pOm ♦ k- - a!lrtitl /f 1111 ..�., RAILCAR-7 - LOADOLIE SIJk(I. BIN7-- ALOSLOR :,--'-C .- i ■`�•,�.�i�l�� YUR I. fl R} i -. -ice ! - L ,• -` -- 000101111 - sr1rR VNILIN l' It,t]I,RV r - n CIVIC 1/CU ti - ` MIMI:* 1 1 -- �- a '- \.1 (1,) SUB-., I 'NON — mirriarusimo ~- - .` `, -/ NI;W L•(1 Llgt11D I'kuCK arci:IVIN(,\TIIRAGI. SCAI.I-.- I VAEORT/TR r�y -__.. ,\ / . �'ARACi{[]'I e AC I. t - -- AAILE IAD , yy Decibels C`�3Feet Equipment Number (Enclosed - vunl.r: — � -%) ---- ---_ MVR Vapor Compressors 2 40' 1501 001 Clrculoton Pumps 4 85 (55) Dryer Force Draft Fans 1 90 (60J Dover ID Fans 1 90 (50) Dryer Cleve 1 85 (55) Centrifuge 3 85 (55) N9600A0 L11 l'ARACIIUTE CNI.I:K POWER r 1; r - - _ _1-Rcl%c,A• -__--_..___-___-- f'LANnn .IV- - I+1 SURGE. \` t'ARAC 'T' C'Rrre .IN Ttrrr `- -- _. �"- ,s Y- �'' Existing Boilers [not enclosed; 2 90'• BlcarbonateCirculatingPump 1 85 (55) Bicarbonate Dryer Fon I 90 1601 Air Compressor On sound enclosure) 2 90 (60) Main Beit Conveyor Drive 2 80 [50) _ - AN ��bb SODA,AMERIL.L F SODA, L.L.P. Yankee Gulch Sodium Minerals Project • Ma,r,veo/o«and n, rrnoyv 00a co-,4ired n91e ores.-ee a 93.91311, 1///,Pgnpn,eN is encq - F3,e.w9on boats on ,mmear iiroldMlonsN Je00A0 PARACH UTE SITE Garrick/ Cnnnly, Colorado 1 NOISE IMPACT PLAN s,«�,,c.,,ae>�ir�unorolta�i,n unm.aeeie al Ion, ol mmmal 0 500 Plant Equipment Nnlse smdv and lonr.cl rPr, ♦ Yankee 1AA/dr/um/nilch S/xli nm MIncrnla I1niecl Kvaerner Metals AA/dr/um/ S..0.•L., �h. .. P. Feet n.r.-nl ry s t ti I E; r: R s A -weighted Decibels Parachute County Site Road 215 Existing background level approximately SS decibels Yankee Gulch Sodium Minerals Protect A// AMERICAN SODA, L.L.P. FIGURE 2 NOISE IMPACT PLAN COUNTY ROAD 215 AND RAIL SPUR STEIGERS YANKEE GULCH SODIUM MINERALS PROJECT AMERICAN SODA, L.L.P. PARACHUTE PROCESSING OPERATION SPECIAL USE PERMIT: SIGNAGE PLAN March 1999 SIGNAGE PLAN The following is a description of the types of signs American Soda will install both within the grounds of the Parachute Site to promote safe and efficient traffic circulation and along County Road 215 to identify the facility for visitors and trucks making deliveries or picking up finished products. Figure 1 provides a map of signs that American Soda intends to install for the Parachute Site. Main Entrance For the Parachute Site main entrance, American Soda will modify the existing Unocal sign. This entrance sign is approximately 20 feet wide by 8 feet tall, is constructed of brick, and features large bold letters and night lighting. Parking Area Signs After entering through the Parachute Site main entrance, employees will be directed to the west (right) to the main parking lot. Site visitors and administrative staff will be directed to the east (left) into their respective lots. Building Identification Signs Each building at the Parachute Site will be clearly identified with a wall -mounted sign. Truck Entrance The truck entrance will be located at the Parachute Site's west gate. A large painted sign will be installed adjacent to County Road 215 approximately 1,000 feet east of the gate to direct trucks to the west gate. At the west gate, a "Truck Entrance" sign will be installed. This sign will not only identify the truck entrance, but also inform truck drivers of security and identification procedures. Product Loadout Area Directional Sign After admittance through the truck entrance, product trucks will be directed to the soda ash and sodium bicarbonate load out areas by brightly colored directional signs. Stop Signs Major intersections and blind curves and corners will include stop signs to promote site safety. Internal Speed Limit Signs Within the Parachute Site, speed limit signs will be installed in numerous locations to remind trucks and maintenance vehicles of the maximum allowable speed within the site. The posted speed limit will be 15 mph. 8 N 66p0.00 VISITOR PARKING All Visitors Must Check In At Office American Soda, L.L.P. TRUCK ENTRANCE 1000 FT. AHEAD American Soda, L.L.P. PARACHUTE PROCESSING OPERATION American Soda, L.L.P. TRUCK ENTRANCE No Public Access //a i N6500.00 Main Park! j,ot Ir �C American Soda, L.L.P. TRUCK EXIT ONE WAY DO NOT ENTER N 6000.00 N4601.00 N 4000.00 ADMIN TRECK ER rr WATER !INF. NO TRESPASSING Authorized Personnel Only l JRAGE FIUJI.DINF ® L MEIROD BOILER ID O s III IINE:R p cnMPRh.ss Sy.S&- IT. 161 PIP !IINEO C(bOR4 O WAI'F;R iSKS l.r I] WA r(;. rLrANK CRY: 'ALL1ZI.17.F:R wA. J 'I ANK `o+s ® iA I.INI. Soda Ash Sodium Bicarbonate Loadout Areas (r.l (rr J-STATIIIN NEW Co, Joint) RECEI V ENG/.'I URA(x. RI'EMIRBISNI:D VAPORIJ.R IR NORM Cu EYOR GA, ERY Soda Ash Loadout Area fRDCK SCALE ¢CARAu.ROAD LF. Bacii ELAN!' SPUR IO VNION RA clErc RAILROAD (.u. rARACI3U'R RAILCAR 4.0ADOV'r .URGE GIN 72.40. OO' 0 500 I I Feet Signnge Ilan Yankcc Gulch &din. MincrION Project Amcrie.+n Soda. 1..Li' N3501100 powrp N ]000.00 r KvaernerMetals AMERICAN SODA. L.L.N. Yankee Gulch Sodium Minerals Project PARACHUTE SITE (;arrcld County. Colorado Figure 1 SIGNAGE PLAN STiLGIiRS AMERICAN SODA, L.L.P. 710 Cooper Ave. • PO. Box 2070 Telephone [970) 928-9866 Glenwood Springs, GO 61602 Facsimile [970) 928-9663 Mr. John Barbee Garfield County Senior Planner Garfield County Building and Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81602 June 16, 1999 J.O.N. 124, JB 7, 2a, 1 Letter No. 124-686 Subject: Submittal of Various Permits - Yankee Gulch Sodium Minerals Project Special Use Permits for Parachute Processing Operation American Soda, L.L.P. Dear Mr. Barbee, In accordance with Condition of Approval No. 14 of the Special Use Permit for the Parachute Processing Operation (Resolution 99-055), American Soda is hereby providing your office with copies of several permits recently obtained from other governmental agencies for the Yankee Gulch Project. These permits include - 1, Air Pollution Emission Notices (APENs) filed with the Colorado Department of Public Health and Environment, Air Pollution Control Division. 2. Air Quality Construction Permits (including PSD Review) for both the Parachute Site and the Piceance Site. These permits were issued by the Colorado Department of Public Health and Environment, Air Pollution Control Division on May 6, 1999. 3. Colorado Discharge Permit System, General Permit Certification for Stormwater Discharges Associated with Construction, issued by the Colorado Department of Public Health and Environment, Water Quality Control Division on May 12, 1999. American Soda is awaiting issuance of other permits at this time. Copies of those permits will be furnished to your office as they are obtained. If you have any questions, please contact Chris Freeman of Steigers Corporation at (303) 799-3633 or me at (970) 928-9866. Natural Sodium Products For a Cleaner Environment Mr. John Barbee Garfield County Building and Planning June 16, 1999 Page 2 of 2 Sincerely, General Manager Enclosures cc: Hal Copeland, Steigers Corporation 1/1 Scott Balcomb, Balcomb & Green, P.C. 1/1 KRN/CPF STATE OF COLORADO COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AIR POLLUTION CONTROL DIVISION TELEPHONE: (303) 692-3150 CONSTRUCTION PERMIT PERMIT NO: 98 -GA -0858 Colorado Department of Public Health and Environment INITIAL APPROVAL DATE ISSUED: MAY 6, 1999 ISSUED TO: AMERICAN SODA, L.L.P. - Parachute Facility THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS: Nahcolite (Sodium Bicarbonate mineral) brine processing facility, known as American Soda Parachute Soda Ash and Bicarbonate Plant, located in Sections 34 and 35, Township 6 South, Range 96 West, about 3 miles northwest of Parachute, Garfield County, Colorado. Access is off of Garfield County Road 215, north of 1-70. THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING: This is a facility -wide permit covering all equipment / activities at this facility. Details of equipment / activities are given in Attachment A. This is a major stationary source located in an area designated as attainment / unclassifiable for all criteria pollutants, and is subject to the Prevention of Significant Deterioration (PSD) provisions. Application of Best Available Control Technology is recuired. THIS PERMIT IS GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO AIR QUALITY CONTROL COMMISSION AND THE COLORADO AIR POLLUTION PREVENTION AND CONTROL ACT (C.R.S. 25- 7-101 et seq), TO THOSE GENERAL TERMS AND CONDITIONS SET FORTH ON THE REVERSE SIDE OF THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS: Within one hundred and eighty days (180) after commencement of operation, compliance with the conditions contained on this permit shall be demonstrated to the Division. It is the permittee's responsibility to self certify compliance with the conditions. Failure co demonstrate compliance within 180 days may result in revocation of the permit. (Information on how to certify compliance was mailed with the permit or can be obtained from the Division at 303-692-3209.) Construction of this source must commence within 18 months of initial approval oermit issuance date or within 18 months of date on which such construction or activity was scheduled to commence as stated in the application. If commencement does not occur •;within the stated time the permit will expire on _ NOVEMBER 6, 2000 See General Condition No. 6., :tem 1 on the reverse side of the first pane of this permit. (Reference: Regulation 3, Part S,=7.G.4.} If more than one provision applies, the most stringent provision shall be applicable. 045/0293/999 (REVERSE SIDE OF PAGE 1] GENERAL TERMS AND CONDITIONS: (IMPORTANTI READ ITEMS 5,6.7 AND 8) 1. This permit is issued in reliance upon the accuracy and completeness of information supplied by the applicant and is conditioned upon conduct of the activity, or construction, installation and operation of the source, in accordance with this information and with representations made by the applicant or applicant's agents. It is valid only for the equipment and operations or activity specifically identified on the permit. 2. Unless specifically stated otherwise, the general and specific conditions contained in this permit have been determined by the APCD to be necessary to assure compliance with the provisions of Section 25-7-114.5(7)(a), C.R.S. 3. Each and every condition of this permit is a material part hereof and is not severable. Any challenge to or appeal of, a condition hereof shall constitute a rejection of the entire permit and upon such occurrence, this permit shall be deemed denied ab initio. This permit may be revoked at any time prior to final approval by the Air Pollution Control Division (APCD) on grounds set forth in the Colorado Air Quality Control Act and regulations of the Air Quality Control Commission (AQCC), including failure to meet any express term or condition of the permit. If the Division denies a permit, conditions imposed upon a permit are contested by the applicant, or the Division revokes a permit, the applicant or owner or operator of a source may request a hearing before the AQCC for review of the Division's action. 4. This permit and any required attachments must be retained and made available for inspection upon request at the location set forth herein. With respect to a portable source which is moved to a new location, a copy of the Relocation Notice (required by law to be submitted to the APCD whenever a portable source is relocated) should be attached to this permit. The permit may be reissued to a new owner by the APCD as provided in AQCC Regulation No. 3, Part H, Section M.S. upon a request for transfer of ownership and the submittal of a revised APEN and the required fee. 5. Issuance (initial approval) of an emission permit does not provide "final" authority for this activity or operation of this source. Final approval of the permit must be secured from the APCD in writing in accordance with the provisions of 25-7-114.5 C.R.S. and AQCC Regulation No. 3, Part H, Section IV.H. Final approval cannot be granted until the operation or activity commences and has been verified by the APCD as conforming in all respects with the conditions of the permit. If the APCD so determines, it will provide written documentation of such final approval, which does constitute "final" authority to operate. Compliance with the permit conditions must be demonstrated within 180 days of commencement of operation. 6. THIS PERMIT AUTOMATICALLY EXPIRES IF you (1) do not commence construction or operation within 13 months after either the date of issuance of this permit or the date on which such construction or activity was scheduled to commence as set forth in the permit, whichever is later; (2) discontinue construction for a period of 18 months or more; or (3) do not complete construction within a reasonable time of the estimated completion date. Extensions of the expiration date may be granted by the APCD upon a showing of good cause by the permittee. 7. YOU MUST notify the APCD at least thirty days (fifteen days for portable sources) prior to commencement of the permitted operation or activity. Failure to do so is a violation of Section 25-7- 114.5(12)(a), C.R.S. and AQCC Regulation No. 3, Part 8, Section IV.H.1., and can result in the revocation of the permit. You must demonstrate compliance with the permit conditions within 280 days after commencement of operation as stated in general condition number 5 above. 3. Section 25-7-114.7(2), C.R.S. requires that all sources required to file an Air Pollution Emission Notice (ADEN) must pay an annual fee to cover the costs of inspections and administration. If a source or activity is to be discontinued, the owner must notify the Division in writing requesting a cancellation of the permit. Upon notification, annual fee billing will terminate. 9. Violation of the terms of a permit or of the provisions of the Colorado Air Quality Control Act or the regulations of the AQCC may result in administrative, civil or criminal enforcement actions under Sections 25-7-115 (enforcement), -121 (injunctions), -122 (civil penalties), -122.1 (criminal penalties), C.R.S. Page 2 Colorado Department of Public Health and Environment Construction Permit Air Pollution Control Division AMERICAN SODA, L.L.P. - PARACHUTE FACILITY Permit No. 98 -GA -0858 Initial Approval 4. Visible emissions shall not exceed twenty percent (20%) opacity during normal operation of the source. During periods of startup, process modification, or adjustment of control equipment visible emissions shall not exceed 30% opacity for more than six minutes in any sixty consecutive minutes. Opacity shall be measured by EPA Method 9. (Reference: Regulation 1, Section II.A.1.& 4.) 5. This source is subject to the odor requirements of Regulation No. 2. (State only enforceable) 6. The manufacturer, model number and serial number of the subject equipment shall be provided to the Division prior to Final Approval. (Reference: Reg. 3, Part B, IV.E.) 7. AIRS ID numbers (for example, "AIRS ID: 006") shall be marked on the subject equipment for ease of identification. (Reference: Reg. 3, Part B, IV.E.) (State only enforceable) 8. The particulate emission control measures listed on Attachment B (as approved by the Division) shall be applied to the particulate emission producing sources as required by Regulation No. 1, Section III.D.1.b. 9. This facility shall be limited to throughput as listed below and all other activities, operational rates and numbers of equipment as stated in the application. Throughput limits for individual equipment / activities shall be as specified in Attachment A. Monthly records of the actual throughput shall be maintained by the applicant and made available to the Division for inspection upon request. (Reference: Regulation 3, Part B,III.A.4) Production of Dense Soda Ash (DSA)(Sodium Carbonate] shall not exceed 1,154,600 tons per year, dry basis. DSA processed in the cage mill and screens, and handled in bucket elevator and product storage bins shall not exceed 950,500 tons per year. Production of Sodium Bicarbonate shall not exceed 182,200 tons per year, dry basis. Consumption of Natural Gas for combustion in the DSA dryer shall not exceed 1,145,000,000 SCF per year. This is based on a gas heat value of 1,020 BTU per SCF. Consumption of Natural Gas for combustion in the steam boiler shall not exceed 694,000,000 SCF per year. This is based on a gas heat value of 1,020 BTU per SCF. Consumption of Natural Gas for combustion in the emergency generator engine shall not exceed 3,090,000 SCF per year. This is based on a gas heat value of 1,020 BTU per SCF, and a maximum operation of 500 hours per year. Compliance with the yearly production limits shall be determined on a rolling twelve (12) month total. 10. Prevention of Significant Deterioration (PSD) requirements shall apply to this source at any such time that this source becomes major solely by virtue of a relaxation in any permit condition. Any relaxation that increases the potential to emit above the applicable PSD threshold will require a full PSD review of the source as though construction had not yet commenced on the source. The source shall not exceed the PSD threshold until a PSD permit is granted. This condition is applicable to all pollutants for which BACT determination is not required at this time. This includes, but not limited to, volatile organic compounds. ;Reference: Reg.3, Part 3, IV.D.3.D.(iv)) 945/0293/999 Page 3 Colorado Department of Public Health and Environment Construction Permit Air Pollution Control Division AMERICAN SODA, L.L.P. - PARACHUTE FACILITY Permit No. 98 -GA -0858 Initial Approval 11. The equipment / activities at this facility are subject to the provisions of Prevention of Significant Deterioration (PSD)• Application of Best Available Control Technology (BACT) is required. Emissions from various equipment / activities shall be controlled, and the permittee shall comply with the following SACT determinations: Steam boiler rated at 80,800,000 BTU par hour heat input. Oxides of Nitrogen (N0x): Controls / Pollution Prevention: Low NOx Combustion System for minimizing emissions of Oxides of Nitrogen. Emissions not to exceed 0.05 pound per million BTU heat input. Carbon Monoxide (CO): Controls / Pollution Prevention: Good Combustion Practices for minimizing emissions of Carbon Monoxide. Emissions not to exceed 0.09 pound per million BTU heat input. Particulate Matter / PM -10: Controls / Pollution Prevention: Use of Pipe Line Quality Natural Gas, and Good Combustion Practices. No emission standard is specified. Emission limits specified in Attachment A is applicable. Reciprocating Internal Combustion Engine, rated at 900 HP, powering emergency generator. Oxides of Nitrogen (N0x): Controls / Pollution Prevention: Low emissions design engine. Emissions not to exceed 2.0 grams per hp -hr. Carbon Monoxide (CO): Controls / Pollution Prevention: Low emissions design engine. Emissions not to exceed 2.0 grams per hp -hr. Particulate Matter / ,_PM_10 :: Controls / Pollution Prevention: Use of Pipe Line Quality Natural Gas, and Good Combustion Practices. No emission standard is specified. Natural Gas / Diesel Fuel fired Reciprocating Internal Combustion Engine rated at 130 HP, powering an emergency water pump for control of fire. Controls / Pollution Prevention: Considering the size of the equipment, and its very limited usage, "No Control" is determined as BACT. Steam Heated Bicarbonate Fluid Bed Dryer. Particulate Matter / PM -10: Controls / Pollution Prevention: aet ?enturi Scrubber. :missions shall not exceed 0.02 grain per dry standard cubic foot of gas exiting the control device. Natural Gas Fired Dense Soda Ash (DSA) Dryer. Contamination of DSA product is a very important factor while considering control alternatives. Control / pollution prevention in combustion systems 045/0293/999 Page 4 Colorado Department of Public Health and Environment Construction Permit Air Pollution Control Division AMERICAN SODA, L.L.P. - PARACHUTE FACILITY Permit No. 9B -GA -0858 Initial Approval would involve components made of refractory materials / alloys. As contamination of the product with these materials would adversely affect the marketability, and quality of products made from the DSA, there is no suitable technology for control / prevention. Oxides of Nitrogen (NOx): Controls / Pollution Prevention: Good Combustion Practices. Emissions of Oxides of Nitrogen shall not exceed 0.15 pound per million BTU heat input. Carbon Monoxide (CO): Controls / Pollution Prevention: Good Combustion Practices. Emissions of Carbon Monoxide shall not exceed 2.02 pounds per million BTU heat input. Particulate Matter / PM -10: Controls / Pollution Prevention: Use of Pipe Line Quality Natural Gas, application of Good Combustion Practices, and Electrostatic Precipitator for control of emissions. Emissions shall not exceed 0.01 grain per dry standard cubic foot of gases exiting the control device. Processing / material handling systems for DSA and Bicarbonate product. Particulate Matter / PM -10: Controls / Pollution Prevention: Fabric filter baghouses to control all processing / material handling emissions. Emissions shall not exceed 0.01 grain per dry standard cubic foot of gases discharged into the atmosphere. 12. 'Good Combustion Practices" constitute monitoring and control of several operating parameters. These parameters include, but not limited to, fuel flow rate, primary and secondary air flows, carbon monoxide concentration in the flue gas, level of excess air, and recirculating air flow. All relevant parameters and their optimal operating ranges for various combustion devices shall be identified, and included in the required operation and maintenance plan. The cage mill, screening operation, bucket elevators, belt conveyors, transfer points, bagging / super sack operations, storage bins, and enclosed truck or railcar loading stations are subject to Regulation No. 6 - Standards of Performance for New Stationary Sources, Part A - Federal Register Regulations Adopted By Reference, Subpart 000 - Standards of Performance for Non -Metallic Mineral Processing Plants, including but not limited to the following: a. Stack emissions discharged into the atmosphere shall not contain particulate matter in excess of 0.05 gram per dry standard cubic meter. b. All stack emissions discharged into the atmosphere shall not exhibit greater than 7 percent opacity c. Discharge into the atmosphere from any transfer point on belt conveyors or from any other affected facility i equipment / activities listed above in this permit condition: any fugitive emissions shall not exhibit greater than 10 percent opacity. d. There shall be no visible fugitive emissions from any building enclosing any transfer point on a conveyor or other affected equipment activity, except emissions from a vent. e Stack emissions from any building shall not exceed the stack 045/02931999 Page 5 Colorado Department of Public Health and Environment Construction Permit Air Pollution Control Division AMERICAN SODA, L.L.P. - PARACHUTE FACILITY Permit No. 98 -GA -0858 Initial Approval emission limits specified above. In addition, the following requirements of Regulation No. 6, Part A, Subpart A, General Provisions, apply. f. At all times, including periods of start-up, shutdown, and malfunction, the facility and control equipment shall, to the extent practicable, be maintained and operated in a manner consistent with good air pollution control practices for minimizing emissions. Determination of whether or not acceptable operating and maintenance procedures are being used will be based on information available to the Division, which may include, but is not limited to, monitoring results, opacity observations, review of operating and maintenance procedures, and inspection of the source. (Reference: Regulation 6, Part A. General Provisions from 40 CFR 60.11) 9• No article, machine, equipment or process shall be used to conceal an emission which would otherwise constitute a violation of an applicable standard. Such concealment includes, but is not limited to, the use of gaseous diluents to achieve compliance with an opacity standard or with a standard which is based on the concentration of a pollutant in the gases discharged to the atmosphere. (§ 60.12) h. Written notification of construction and initial startup dates shall be submitted to the Division as required under § 60.7. Records of startups, shutdowns, and malfunctions shall be maintained, as required under § 60.7. k. Written notification of opacity observation or monitor demonstrations shall be submitted to the Division as required under § 60.7. 1. Excess Emission and Monitoring System Performance Reports shall be submitted as required under § 60.7. m. Performance tests shall be conducted as required under § 60.8. n. Compliance with opacity standards shall be demonstrated according to § 60.11. A copy of the complete applicable subpart(s) is attached. 14. Total facility emissions of air pollutants shall not exceed the following limitations, and emissions from individual equipment / activities shall not exceed the limits specified in Attachment A (as calculated in the Division's preliminary analysis): Volatile Organic Compounds: Particulate Matter: Particulate Matter < 10 µm [PM -10]: Nitrogen Oxides• Carbon Monoxide• Particulate Matter - Fugitive• Particulate Matter < 10 um [PM -10) -Fug 5.3 38.2 38.2 107.5 1,212.7 27.1 5.2 tons tons tons tons tons tons tons per per per per per per per year year year year year year year Compliance with fugitive particulate matter emission limits shall be demonstrated by not exceeding the process rates, and by application of, minimum, control measures specified in Attachment 3. 045/0293/999 at a Page 6 Colorado Department of Public Health and Environment Construction Permit Air Pollution Control Division AMERICAN SODA, L.L.P. - PARACHUTE FACILITY Permit No. 98 -GA -0858 Initial Approval Compliance with the annual limits shall be determined on a rolling (12) month total. By the end of each month a new twelve month total is calculated base on the previous twelve months' data. The permit holder shall calculate monthly emissions and keep a compliance record on site for Division review. (Reference: Regulation 3, Part B, III.A.4) 15. Ambient concentration/s of the pollutant/s listed below shall be monitored as required under the Post -Construction Monitoring provisions of Regulation No. 3. IV. D.3. a. (iv). A detailed monitoring plan shall be submitted to, and approved by, the Division. Such monitoring system shall be operational prior to the startup of the facility. Particulate Matter less than 10 micrometers aerodynamic equivalent diameter (PM -10). Carbon Monoxide. 16. Source compliance tests shall be conducted to measure the emission rate(s) for the pollutants listed below in order to show compliance with emission standards / limits, and to demonstrate the performance of the emission control devices. The test protocol must be in accordance with the requirements of the Air Pollution Control Division Compliance test Manual and shall be submitted to the Division for review and approval at least thirty (30) days prior to testing. No compliance test shall be conducted without prior approval from the Division. Any stack test conducted to show compliance with a monthly or annual emission limitation shall have the results projected up to the monthly or annual averaging time by multiplying the test results by the allowable number of operating hours for that averaging time (Reference: Regulation 3, Part B IV.H.3) Dense Soda Ash (DSA) Product Dryer. Emissions controlled by an electrostatic precipitator. Particulate Matter using EPA approved methods Oxides of Nitrogen using EPA approved methods Carbon Monoxide using EPA approved methods Natural Gas Fired Steam Boiler, rated at 80,800,000 BTU per hour. Oxides of Nitrogen using EPA approved methods Carbon Monoxide using EPA approved methods Stem Heated Fluid Bed Sodium Bicarbonate Dryer. Emissions controlled by a wet venturi scrubber. Particulate Matter using EPA approved methods Natural Gas Fired Reciprocating Internal Combustion Engine, rated at 900 HP, powering an emergency electric generator. Oxides of Nitrogen using EPA approved methods Carbon Monoxide using EPA approved methods Filter Baghouses. Particulate Matter using EPA approved methods 17. Prior to scheduling of the stack tests, the applicant shall submit to the Division for approval an operating and maintenance plan for all control equipment and control practices, and a proposed record keeping format that will outline how the applicant will maintain compliance on an ongoing basis with the requ.r=ements of this permit. (Reference: Reg. 3, Part 3,IV.B.2) =)45/0293/999 Page 7 Colorado Department of Public Health and Environment Construction Permit Air Pollution Control Division AMERICAN SODA, L.L.P. - PARACHUTE FACILITY Permit No. 98 -GA -0858 Initial Approval 18. A revised Air Pollutant Emission Notice (APEN) shall be filed: (Reference: Reg.3, Part A,II.C) a. Annually whenever a significant increase in emissions occurs as follows: For any criteria pollutant: For sources emitting less than 100 tons per year, a change in actual emissions of five tons per year or more, above the level reported on the last APEN; or For VOC sources in ozone non -attainment areas emitting less than 100 tons of VOC per year, a change in actual emissions of one ton per year or more or five percent, whichever is greater, above the level reported on the last APEN submitted; or For sources emitting 100 tons per year or more, a change in actual emissions of five percent or 50 tons per year or more, whichever is less, above the level reported on the last APEN submitted; or A change in actual emissions, above the level reported on the last APEN submitted, of 50 pounds of lead. For any non -criteria reportable pollutant: If the emissions increase by 50% or five (5) tons per year, whichever is less, above the level reported on the last APEN submitted to the Division. b. Whenever there is a change in the owner or operator of any facility, process, or activity; or c. Whenever new control equipment is installed, or whenever a different type of control equipment replaces an existing type of control equipment; or d. Whenever a permit limitation must be modified; or e. No later than 30 days before the existing APEN expire Ram N. Seetharam Permit Reviewer 045102931999 Dennis My-rs P.E. Unit Leader Construction Permits Unit Stationary Sources Program Air Pollution Control Division Page 8 Colorado Department of Public Health and Environment Construction Permit Air Pollution Control Division AMERICAN SODA, L.L.P. - PARACHUTE FACILITY Permit No. 98 -GA -0858 Initial Approval Notes to Permit Holder: 1) The production / throughput or raw material processing limits and emission limits contained in this permit are based on the production/processing rates requested in the permit application. These limits may be revised upon request of the permittee providing there is no exceedance of any specific emission control regulation or any ambient air quality standard. A revised air pollution emission notice (APEN) and application form must be submitted with a request for a permit revision. 2) The emission levels contained in this permit are based on the following emission factors: Equipment / Activity and Pollutant Emission Factor pound per process unit Process Unit Remarks Various Process Equipment Controlled By Filter Baghouses Particulate Matter 1.4286 DSCFE6 GAS/AIR FLOW Corresponds to 0.01 grain per dscf. Determined as BACT. PM -10 Steam Heated Fluid Bed Sodium Bicarbonate Dryer Controlled by Scrubber Particulate Matter 2.8571 DSCFE6 FLOW Corresponds to 0.02 grain per dscf. Determined as BACT. PM -10 Dense Soda Ash Product Dryer Controlled By Electrostatic Precipitator Particulate Matter 1.4286 DSCFE6 FLOW Corresponds to 0.01 grain per dscf. Determined as BACT. PM -10 Oxides of Nitrogen 0.1500 BTUE6 HEAT INPUT Carbon Monoxide 2.0200 Natural Gas Fired Steam Boiler rated at 80.8E6 BTU per hour Oxides of Nitrogen 0.0500 BTUE6 HEAT INPUT Determined as BACT Carbon Monoxide 0.0900 Particulate Matter / PM -10 0.0076 BTUE6 HEAT INPUT Good Combustion Practice Volatile Organic Compounds 0.0054 045/0293/999 Page 9 Colorado Department of Public Health and Environment Construction Permit Air Pollution Control Division AMERICAN SODA, L.L.P PARACHUTE FACILITY Permit No. 98 -GA -0658 Initial Approval Equipment / Activity and Pollutant Emission Factor pound per process unit Process Unit Remarks Natural Gas Fired Reciprocating Internal Combustion Engine for Electric Generator, 900 HP • Oxides of Nitrogen 4.4092 LHP-HR]E3 Determined as BACT Carbon Monoxide 4.4092 Natural Gas / Diesel Fired Engine for Fire Pump, 150 HP AP -42 Sources of fugitive particulate matter Particulate Matter AP -42 formulae Vehicle -Mile -Travelled for Material delivery trucks and vendor heavy vehicles PM -10 50 % of PM Particulate Matter AP -42 formulae Vehicle -Mile -Travelled for Commuter vehicles. PM -10 50 % of PM 3} This facility is classified as a: Major Stationary Source Major Source Subject to Operating Permit Applicability 4) This source is subject to the Common Provisions Regulation Part II, Subpart E, Upset Conditions and Breakdowns. The permittee shall notify the Division of any upset condition which causes a violation of any emission limit or limits stated in this permit as soon as possible, but no later than two (2) hours after the start of the next working day, followed by written notice to the Division explaining the cause of the occurrence and that proper action has been or is being taken to correct the conditions causing said violation and to prevent such excess emission in the future. 5) The following emissions of non -criteria reportable air pollutants are estimated based upon the material consumptions / throughput limits. This information is listed to inform the operator of the Division's analysis of the specific compounds. This information is listed on the Division's emission inventory system. C.A.S. # $UBSTANCE EMISSIONS fLB/YR1 50-00-0 Formaldehyde 155.0 04510293/999 Page 10 Construction Permit Colorado Department of Public Health and Environment Air Pollution Control Division AMERICAN SODA, L.L.P. - PARACHUTE FACILITY Permit No. 98 -GA -0858 Initial Approval 045/0293/999 ATTACINT A -WIDE PERMIT EQUIPMENT / ACTIVITIES COVERED UNDER THIS FACILITY AIRS ID DESCRIPTION MAKE, MODEL, SERIAL NUMBER, DESIGN RATE, CAPACITY, DIMENSIONS, CONSTRUCTION DETAILS, CONSUMPTION, THROUGHPUT, EMISSION CONTROLS, EMISSIONS REMARKS / SPECIFIC PROVISIONS 001 SODIUM BICARBONATE FLUID BED DRYER ONE (1) MAKE, MODEL, AND S/N: NOT AVAILABLE, STEAM HEATED FLUID BED DRYER FOR DRYING OF CRYSTALLIZED AND CENTRIFUGED SODIUM BICARBONATE, DESIGN RATED AT 20.8 TONS PER HOUR, DRY BASIS. DRYING AIR FLOW RATE 67 ACFM. THIS IS IDENTIFIED AS STACK Ll. EMISSIONS OF PARTICULATE MATTER CONTROLLED BY ONE (1) MAKE, MODEL, AND S/N: NOT AVAILABLE, WET VENTURI SCRUBBER. PROCESS RATE LIMIT: BICARBONATE PROCESSED, DRY BASIS: 182,200 TONS PER YEAR EMISSION LIMITS: PARTICULATE MATTER: 0.038 TON PER YEAR PM -10: 0.038 TON PER YEAR COMPLIANCE PLAN BEST AVAILABLE CONTROL TECHNOLOGY PARTICULATE LOADING NOT TO EXCEED 0.02 GRAIN PER DRY STANDARD CUBIC FOOT. 002 SODIUM BICARBONATE PROCESSING / SUPER SACKER SYSTEM, DESIGN RATED AT 20.8 TONS PER HOUR ONE (1) MAKE, MODEL, AND S/N: NOT AVAILABLE, BICARBONATE COOLER USING COOLING WATER COILS, AIR FLOW RATE 11,967 ACFM. THIS IS IDENTIFIED AS STACK L2. AIRS ID: 002A. EMISSIONS OF PARTICULATE MATTER CONTROLLED BY ONE (1) MAKE, MODEL, AND S/N: NOT AVAILABLE, FILTER BAGHOUSE. EMISSION LIMITS: PARTICULATE MATTER: 3.56 TONS PER YEAR PM -10: 3.56 TONS PER YEAR COMPLIANCE PLAN BEST AVAILABLE CONTROL TECHNOLOGY PARTICULATE LOADING NOT TO EXCEED 0.01 GRAIN PER DRY STANDARD CUBIC FOOT NSPS, 000 TRANSFERS TO/FROM, AND STORAGE OF BICARBONATE IN SURGE BIN ONE (1) CUSTOM, SURGE STORAGE BIN. AIR FLOW RATE: 3,500 ACFM. THIS IS IDENTIFIED AS STACK L6. AIRS ID: 0028. EMISSIONS OF PARTICULATE MATTER CONTROLLED BY ONE (1) MAKE, MODEL, AND S/N: NOT AVAILABLE, FILTER BAGHOUSE. EMISSION LIMITS: PARTICULATE MATTER: 1.06 TONS PER YEAR PM -10: 1.06 TONS PER YEAR COMPLIANCE PLAN BEST AVAILABLE CONTROL TECHNOLOGY PARTICULATE LOADING NOT TO EXCEED 0.01 GRAIN PER DRY STANDARD CUBIC FOOT NSPS, 000 ATTACHMENT A CONTINUED... 045/0293/999 Page 11 Construction Permit Colorado Department of Public Health and Environment Air Pollution Control Division AMERICAN SADA, L.L.P. - PARACHUTE FACILITY Permit No. 98 -GA -0858 Initial Approval 045/0293/999 ATTACHMENT A -WIDE PERMIT EQUIPMENT / ACTIVITIES COVERED UNDER THIS FACILITY AIRS ID DESCRIPTION MAKE, MODEL, SERIAL NUMBER, DESIGN RATE, CAPACITY, DIMENSIONS, CONSTRUCTION DETAILS, CONSUMPTION, THROUGHPUT, EMISSION CONTROLS, EMISSIONS REMARKS / SPECIFIC PROVISIONS 002 CONTD SCREENING AND CLASSIFYING OF BICARBONATE THREE (3) MAKE, MODEL, AND S/Ne: NOT AVAILABLE, SINGLE -DECK VIBRATING SCREENS. ONE (1) MAKE, MODEL, AND S/N: NOT AVAILABLE, CLASSIFIER. TOTAL AIR FLOW RATE 6,400 ACFM THIS GROUP OF EQUIPMENT IDENTIFIED AS STACK L7. AIRS ID: 002C. EMISSIONS OF PARTICULATE MATTER CONTROLLED BY ONE (1) MAKE, MODEL, AND S/N: NOT AVAILABLE, FILTER BAGHOUSE. EMISSION LIMITS: PARTICULATE MATTER: 1.94 TONS PER YEAR PM -10: 1.94 TONS PER YEAR COMPLIANCE PLAN BEST AVAILABLE CONTROL TECHNOLOGY PARTICULATE LOADING NOT TO EXCEED 0.01 GRAIN PER DRY STANDARD CUBIC FOOT NSPS, 000 TRANSFER TO/FROM BICARBONATE PRODUCT STORAGE BINS. FOUR (4) CUSTOM, STORAGE BINS. FOR STORAGE OF SCREENED / CLASSIFIED PRODUCTS. TOTAL AIR FLOW RATE 4,200 ACFM. THIS GROUP OF EQUIPMENT IDENTIFIED AS STACK L8. AIRS ID: 002D. EMISSIONS OF PARTICULATE MATTER CONTROLLED BY ONE (1) MAKE, MODEL, AND S/N: NOT AVAILABLE, FILTER BAGHOUSE. EMISSION LIMITS: PARTICULATE MATTER: 1.27 TONS PER YEAR PM -10: 1.27 TONS PER YEAR COMPLIANCE PLAN BEST AVAILABLE CONTROL TECHNOLOGY PARTICULATE LOADING NOT TO EXCEED 0.01 GRAIN PER DRY STANDARD CUBIC FOOT NSPS, 000 ATTACHMENT A CONTINUED... 045/0293/999 Page 12 Construction Permit Colorado Department of Public Health and Environment Air Pollution Control Division AMERICAN SODA, L.L.P - PARACHUTE FACILITY Permit No. 98 -GA -0858 Initial Approval ATTACWIMENT A EQUIPMENT / ACTIVITIES COVERED UNDER THIS FACILITY -WIDE PERMIT AIRS ID DESCRIPTION MAKE, MODEL, SERIAL NUMBER, DESIGN RATE, CAPACITY, DIMENSIONS, CONSTRUCTION DETAILS, CONSUMPTION, THROUGHPUT, EMISSION CONTROLS, EMISSIONS REMARKS / SPECIFIC PROVISIONS 002 CONTD TRANSFER FROM BICARBONATE PRODUCT BINS TO BICARBONATE PACKAGING BIN, AND DISCHARGE INTO SUPER SACKER. ONE (1) CUSTOM, BICARBONATE PACKAGING BIN. THESE OPERATIONS ARE IDENTIFIED AS STACK L13. AIRS ID: 002E EMISSIONS OF PARTICULATE MATTER CONTROLLED BY ONE (1) MAKE, MODEL, AND S/N: NOT AVAILABLE, FILTER BAGHOUSE. EMISSION LIMITS: PARTICULATE MATTER: 1.16 TONS PER YEAR PM -10: 1.16 TONS PER YEAR COMPLIANCE PLAN BEST AVAILABLE CONTROL TECHNOLOGY PARTICULATE LOADING NOT TO EXCEED 0.01 GRAIN PER DRY STANDARD CUBIC FOOT NSPS, 000 TRANSFER FROM BICARBONATE PRODUCT BINS TO BICARBONATE BULK LOADOUT, AND LOADING OF BICARBONATE PRODUCTS INTO BULK MATERIALS TANKERS. THREE (3) CUSTOM, BULK LOADOUT BINS, AND THREE (3) CUSTOM, LOADOUT SPOUTS. THESE OPERATIONS ARE IDENTIFIED AS STACK L15. AIRS ID: 002F. EMISSIONS OF PARTICULATE MATTER CONTROLLED BY ONE (1) MAKE, MODEL, AND S/N: NOT AVAILABLE, FILTER BAGHOUSE. EMISSION LIMITS: PARTICULATE MATTER: 0.33 TON PER YEAR PM -10: 0.33 TON PER YEAR COMPLIANCE PLAN BEST AVAILABLE CONTROL TECHNOLOGY PARTICULATE LOADING NOT TO EXCEED 0.01 GRAIN PER DRY STANDARD CUBIC FOOT NSPS, 000 SUPER SACKER SYSTEM ONE (1) MAKE, MODEL, AND S/N: NOT AVAILABLE, SUPER SACKER (LARGE PACKAGE FILLING) FOR PACKAGING OF BICARBONATE. THIS IS IDENTIFIED AS STACK L17. AIRS ID: 002G EMISSIONS OF PARTICULATE MATTER CONTROLLED BY ONE (1) MAKE, MODEL, AND S/N: NOT AVAILABLE, FILTER BAGHOUSE. COMPLIANCE PLAN BEST AVAILABLE CONTROL TECHNOLOGY PARTICULATE LOADING NOT TO EXCEED 0.01 GRAIN PER DRY STANDARD CUBIC FOOT NSPS, 000 OVERALL PROCESS RATE LIMIT FOR BICARBONATE PROCESSING / SUPER SACKER SYSTEM: SODIUM BICARBONATE PROCESSED/HANDLED: 182,200 TONS PER YEAR ATTACHMENT A CONTINUED... 045/0293/999 Page 13 Construction Permit Colorado Department of Public Health and Environment Air Pollution Control Division AMERICAN SODA, L.L.P. - PARACHUTE FACILITY Permit No. 98 -GA -0858 Initial Approval 045/0293/999 ATTACHMENT A -WIDE PERMIT EQUIPMENT / ACTIVITIES COVERED UNDER THIS FACILITY AIRS ID DESCRIPTION MAKE, MODEL, SERIAL NUMBER, DESIGN RATE, CAPACITY, DIMENSIONS, CONSTRUCTION DETAILS, CONSUMPTION, THROUGHPUT, EMISSION CONTROLS, EMISSIONS REMARKS / SPECIFIC PROVISIONS 003 BICARBONATE BAGGER SYSTEM. COMPLIANCE PLAN BEST AVAILABLE CONTROL ONE (1) MAKE, MODEL, AND S/N: NOT AVAILABLE, PACKING MACHINE TECHNOLOGY FOR BAGGING OF BICARBONATE. PARTICULATE LOADING NOT TO AIR FLOW RATE 8,500 ACFM EXCEED 0.01 GRAIN PER DRY STANDARD CUBIC FOOT THIS IS IDENTIFIED AS STACK L10. NSPS, 000 EMISSIONS OF PARTICULATE MATTER CONTROLLED BY ONE (1) MAKE, MODEL, AND S/N: NOT AVAILABLE, FILTER BAGHOUSE. PROCESS RATE LIMIT: SODIUM BICARBONATE PACKED: 346,900 TONS PER YEAR EMISSION LIMITS: PARTICULATE MATTER: 2.58 TONS PER YEAR PM -10: 2.58 TONS PER YEAR 004 DENSE SODA ASH (DSA) PRODUCT DRYER COMPLIANCE PLAN BEST AVAILABLE CONTROL ONE (1) MAKE, MODEL, AND S/M: NOT AVAILABLE, NATURAL GAS TECHNOLOGY DIRECT FIRED, ROTARY DRYER, DESIGNED RATED AT 131.8 TONS PER HOUR. PARTICULATE LOADING NOT TO EXCEED 0.01 GRAIN PER DRY AIR FLOW RATE 108,000 ACFM STANDARD CUBIC FOOT THIS IS IDENTIFIED AS STACK L3. CARBON MONOXIDE: 2.02 POUNDS PER MILLION BTU HEAT INPUT EMISSIONS OF PARTICULATE MATTER CONTROLLED BY ONE (1) MAKE, MODEL, AND S/N: NOT AVAILABLE, ELECTROSTATIC PRECIPITATOR. OXIDES OF NITROGEN: 0.15 POUND PER MILLION BTU HEAT INPUT PROCESS RATE LIMIT: DENSE SODA PROCESSED, DRY BASIS: 1,154,600 TONS PER YEAR EMISSION LIMITS: PARTICULATE MATTER: 14.01 TONS PER YEAR PM -10: 14.01 TONS PER YEAR OXIDES OF NITROGEN: 87.58 TONS PER YEAR CARBON MONOXIDE: 1,179.40 TONS PER YEAR VOLATILE ORGANIC COMPOUNDS: 3.20 TONS PER YEAR ATTACHMENT A CONTINUED... 045/0293/999 Page 14 Construction Permit Colorado Department of Public Health and Environment Air Pollution Control Division AMERICAN SODA, L.L.P. - PARACHUTE FACILITY Permit No. 98 -GA -0858 Initial Approval 04510293/999 ATTACKMBNT A -WIDE PERMIT EQUIPMENT / ACTIVITIES COVERED UNDER THIS FACILITY AIRS ID DESCRIPTION MAKE, MODEL, SERIAL NUMBER, DESIGN RATE, CAPACITY, DIMENSIONS, CONSTRUCTION DETAILS, CONSUMPTION, THROUGHPUT, EMISSION CONTROLS, EMISSIONS REMARKS / SPECIFIC PROVISIONS 005 ONE (1) MAKE, MODEL, AND S/N: NOT AVAILABLE, NATURAL GAS FIRED STEAM BOILER, HEAT INPUT DESIGN RATED AT 80,800,000 BTU PER HOUR. THIS IS EQUIPPED WITH LOW EMISSIONS COMBUSTION SYSTEM. THIS IS IDENTIFIED AS STACK L5. PROCESS RATE LIMIT: NATURAL GAS CONSUMED: 694,100,000 SCF PER YEAR THIS IS BASED ON A GAS HEAT VALUE OF 1,020 BTU PER SCF. EMISSION LIMITS: PARTICULATE MATTER: 2.70 TONS PER YEAR PM -10: 2.70 TONS PER YEAR OXIDES OF NITROGEN: 17.70 TONS PER YEAR CARBON MONOXIDE: 31.85 TONS PER YEAR COMPLIANCE PLAN BEST AVAILABLE CONTROL TECHNOLOGY CARBON MONOXIDE: 0.09 POUNDS PER MILLION BTU HEAT INPUT OXIDES OF NITROGEN: 0.05 POUND PER MILLION BTU HEAT INPUT NSPS, Dc 006 DENSE SODA ASH PROCESSING AND STORAGE SYSTEM ONE (1) MAKE, MODEL, AND S/N: NOT AVAILABLE, BUCKET ELEVATOR. THIS ELEVATES SODIUM CARBONATE PRODUCT 1 DSA PRODUCT DRYER DISCHARGE AND PRODUCT FROM CAGE MILL ] AND DISCHARGES ONTO VIBRATING SCREEN. ONE (1) MAKE, MODEL, AND S/N: NOT AVAILABLE, VIBRATING SCREEN. UNDERSIZE OF THE SCREEN IS TH DSA PRODUCT. OVERSIZE IS DISCHARGED INTO THE CAGE MILL. ONE (1) MAKE, MODEL, AND S/N: NOT AVAILABLE, CAGE MILL, FOR DISINTEGRATING / BREAKING OF LUMPS OF DSA. THIS DISCHARGES THE PRODUCT INTO THE BOOT OF THE BUCKET ELEVATOR. TOTAL AIR FLOW RATE 12,200 ACFM THESE EQUIPMENT ARE GROUPED UNDER STACK L9. AIRS ID: 006A EMISSIONS OF PARTICULATE MATTER CONTROLLED BY ONE {1) MAKE, MODEL, AND S/N: NOT AVAILABLE, FILTER BAGHOUSE. EMISSION LIMITS: PARTICULATE MATTER: 3.71 TONS PER YEAR PM -10: 3.71 TONS PER YEAR COMPLIANCE PLAN BEST AVAILABLE CONTROL TECHNOLOGY PARTICULATE LOADING NOT TO EXCEED 0.01 GRAIN PER DRY STANDARD CUBIC FOOT NSPS, 000 ATTACHMENT A CONTINUED... 04510293/999 Page 15 Construction Permit Colorado Department of Public Health and Environment Air Pollution Control Division AMERICAN SODA, L.L.P. - PARACHUTE FACILITY Permit No. 98 -GA -0858 Initial Approval )45/0293/999 ATTACHIenrT A -WIDE PERMIT EQUIPMENT / ACTIVITIES COVERED UNDER THIS FACILITY AIRS ID DESCRIPTION MAKE, MODEL, SERIAL NUMBER, DESIGN RATE, CAPACITY, DIMENSIONS, CONSTRUCTION DETAILS, CONSUMPTION, THROUGHPUT, EMISSION CONTROLS, EMISSIONS REMARKS / SPECIFIC PROVISIONS 006 CONTD TRANSFER OF DSA PRODUCT/S AND STORAGE: UNDERSIZE FROM THE VIBRATING SCREEN IS TRANSFERRED TO: THREE (3) CUSTOM, STORAGE BINS. EACH OF THE STORAGE BINS HAS AN AIR HANDLING EQUIPMENT AND BAGHOUSE. THESE ARE IDENTIFIED AS: STACK L11 (AIRS ID: 006B), STACK L12 (AIRS ID: 006C), AND STACK L20 (AIRS ID: 006D AIR FLOW THROUGH EACH BAGHOUSE 700 ACFM EMISSION LIMITS FOR EACH BAGHOUSE: PARTICULATE MATTER: 0.21 TON PER YEAR PM -10: 0.21 TON PER YEAR COMPLIANCE PLAN BEST AVAILABLE CONTROL TECHNOLOGY PARTICULATE LOADING NOT TO EXCEED 0.01 GRAIN PER DRY STANDARD CUBIC FOOT NSPS, 000 OVERALL PROCESS RATE LIMIT FOR DENSE SODA ASH PROCESSING / STORAGE SYSTEM: DENSE SODA ASH PROCESSED/HANDLED: 950,500 TONS PER YEAR 007 ONE (1) MAKE, MODEL, AND S/N: NOT AVAILABLE, NATURAL GAS FIRED RECIPROCATING INTERNAL COMBUSTION ENGINE, SITE -RATED AT 900 HP, POWERING AN EMERGENCY ELECTRIC GENERATOR. THIS ENGINE IS EQUIPPED WITH LOW EMISSIONS COMBUSTION SYSTEM. THIS IS IDENTIFIED AS STACK L18. PROCESS RATE LIMIT: NATURAL GAS CONSUMPTION: 6,355,000 SCF PER YEAR THIS IS BASED ON A GAS HEAT VALUE OF 1,020 BTU PER SCF, AND A HEAT INPUT RATE OF 7,200 BTU PER HP -HR. EMISSION LIMITS: OXIDES OF NITROGEN: 1.00 TON PER YEAR CARBON MONOXIDE: 1.00 TON PER YEAR COMPLIANCE PLAN BEST AVAILABLE CONTROL TECHNOLOGY. OXIDES OF NITROGEN: 2.0 GRAMS PER HP -HR. CARBON MONOXIDE: 2.0 GRAMS PER HP -HR. ATTACHMENT A CONTINUED... )45/0293/999 Page 16 Construction Permit Colorado Department of Public Health and Environment Air Pollution Control Division AMERICAN SODA, L.L.P. - PARACHUTE FACILITY Permit No. 98 -GA -0658 Initial Approval 045/0293/999 ATTACiNT A -WIDE PERMIT EQUIPMENT / ACTIVITIES COVERED UNDER THIS FACILITY AIRS ID DESCRIPTION MAKE, MODEL, SERIAL NUMBER, DESIGN RATE, CAPACITY, DIMENSIONS, CONSTRUCTION DETAILS, CONSUMPTION, THROUGHPUT, EMISSION CONTROLS, EMISSIONS REMARKS / SPECIFIC PROVISIONS 008 DENSE SODA ASH TRANSFERS/CONVEYING/BULK LOADOUT TRANSFER FROM DSA PRODUCT STORAGE BINS ONTO ELEVATING BELT CONVEYOR, AND DISCHARGE INTO BULK LOADOUT BINS. THESE OPERATIONS ARE GROUPED UNDER STACK L14 (AIRS ID: 008A) AIR FLOW RATE 8,400 ACFM EMISSIONS OF PARTICULATE MATTER CONTROLLED BY ONE (1) MAKE, MODEL, AND S/N: NOT AVAILABLE, FILTER BAGHOUSE. EMISSION LIMITS: PARTICULATE MATTER: 2.55 TONS PER YEAR PM -10: 2.55 TONS PER YEAR COMPLIANCE PLAN BEST AVAILABLE CONTROL TECHNOLOGY PARTICULATE LOADING NOT TO EXCEED 0.01 GRAIN PER DRY STANDARD CUBIC FOOT NSPS, 000 DENSE SODA ASH BULK LOADOUT THIS IS IDENTIFIED AS STACK L16 (AIRS ID: 0088) AIR FLOW RATE 6,700 ACFM EMISSIONS OP PARTICULATE MATTER CONTROLLED BY ONE (1) MAKE, MODEL, AND S/N: NOT AVAILABLE, FILTER BAGHOUSE. EMISSION LIMITS: PARTICULATE MATTER: 2.03 TONS PER YEAR PM -10: 2.03 TONS PER YEAR COMPLIANCE PLAN BEST AVAILABLE CONTROL TECHNOLOGY PARTICULATE LOADING NOT TO EXCEED 0.01 GRAIN PER DRY STANDARD CUBIC FOOT NSPS, 000 OVERALL PROCESS RATE LIMIT FOR DENSE SODA ASH CONVEYING/TRANSFERS/BULK LOADOUT: DENSE SODA ASH HANDLED: 1,004,000 TONS PER YEAR 009 ACTIVITIES RESULTING IN EMISSIONS OF FUGITIVE PARTICULATE MATTER: MOVEMENT OF MATERIAL DELIVERY VEHICLES AND VENDOR HEAVY VEHICLES. TOTAL NUMBER OF TRIPS: 36 PER DAY MOVEMENT OF COMMUTER VEHICLES. TOTAL NUMBER OF TRIPS: 48 PER DAY. ALL THE ABOVE TRAFFIC IS ON PAVED ROADS. EMISSION LIMITS: PARTICULATE MATTER - FUGITIVE: 27.1 TONS PER YEAR PM -10: 5.2 TONS PER YEAR COMPLIANCE PLAN BEST AVAILABLE CONTROL TECHNOLOGY. PAVED ROAD SURFACES. DAILY CLEANING FOR REMOVAL OF ACCUMULATED PARTICULATE MATTER ONE (1) MAKE, MODEL, AND S/N: NOT AVAILABLE, NATURAL GAS OR DIESEL FUEL FIRED RECIPROCATING INTERNAL COMBUSTION ENGINE, RATED AT 150 HP, POWERING AN EMERGENCY WATER PUMP FOR CONTROL OF FIRE. THIS SOURCE IS AN INSIGNIFICANT ACTIVITY, AND IS EXEMPT FROM APEN REQUIREMENTS. END OF ATTACHMENT A. 045/0293/999 Page 17 Colorado Department of Public Health and Environment Construction Permit Air Pollution Control Division AMERICAN SODA, L.L.P. - PARACHUTE FACILITY Permit No. 98 -GA -0858 Initial Approval ATTACHMENT B PARTICULATE EMISSIONS CONTROL PLAN FOR MATERIAL PROCESSING ACTIVITIES THE FOLLOWING PARTICULATE EMISSIONS CONTROL MEASURES SHALL BE USED FOR COMPLIANCE PURPOSES ON THE ACTIVITIES COVERED BY THIS PERMIT, AS REQUIRED BY THE AIR QUALITY CONTROL COMMISSION REGULATION NO.1 Section III.D.1.b. THIS SOURCE IS SUBJECT TO THE FOLLOWING EMISSION GUIDELINES: a. Processing Activities - Visible emissions not to exceed 20%, no off -property transport of visible emissions. b. Construction / Demolition and Haul Roads - No off -property transport of visible emissions shall apply to these activities; the nuisance guidelines shall apply to off-site haul roads. c. Haul Trucks - No off -property transport of visible emissions except that when operating off the property of the owner or operator, the applicable guidelines shall be no off -vehicle transport of visible emissions. Control Measures 1. Plant entryway, truck service roads, and other vehicular traffic areas shall be paved. Road surfaces shall be kept clean of accumulations of particulate matter. The road surface shall be cleaned, at a minimum, on a daily basis. 2. Vehicle speed on on-site roads and service roads shall be restricted to 20 miles per hour. Speed limit signs shall be posted. 045/0293/999 STATE OF COLORADO COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AIR POLLUTION CONTROL DIVISION TELEPHONE: (303) 692-3150 CONSTRUCTION PERMIT PERMIT NO: DATE ISSUED: ISSUED TO: Colorado Department of Public Health and Envirotunent 98 -RB -0831 HAY 6, 1999 AMERICAN SODA, L.L.P.- Piceance Facility INITIAL APPROVAL THE SOURCE TO WHICH THIS PERMIT APPLIES IS DESCRIBED AND LOCATED AS FOLLOWS: Nahcolite (Sodium Bicarbonate mineral) solution mining facility, known as Amari.can Soda Piceance Solution Mine. located in Sections 15 to 22, and 28 29, Township 1 South, Range 97 West, about 22 miles west-southwest of Meeker, Rio Blanco County, Colorado. ,access is off Rio Blanco County Road 5 (Piceance Creek Road). THE SPECIFIC EQUIPMENT OR ACTIVITY SUBJECT TO THIS PERMIT INCLUDES THE FOLLOWING: This in a facility -wide permit covering all equipment / activities at this facility. Details of equipment / activities are given in Attachment A. This is a major stationary source located in an area designated as attainment / unclassifiable, and is subject to the Prevention of Significant Deterioration (PSD} provisions. Application of Best Available Control Technology (SACT) is required. THIS PERMIT I9 GRANTED SUBJECT TO ALL RULES AND REGULATIONS OF THE COLORADO AIR QUALITY CONTROL COMMISSION AND THE COLORADO AIR POLLUTION PREVENTION AND CONTROL ACT (C.R.B. 25- 7-101 qt tse4), TO THOSE GENERAL TERMS AND CONDITIONS SET FORTH ON THE REVERSE SIDE OF THIS DOCUMENT AND THE FOLLOWING SPECIFIC TERMS AND CONDITIONS: At the startup of the activities under this facility -wide permit, 311 permits / exemptions issued earlier for, individual equipment / activity or group of equipment / activities will stand canceled. The permittee shall notify the Division of such actual startup. Within one hundred and eighty days (180) after commencement of operation, compliance with the conditions contained on this permit shall be demonstrated to the Division. It is the permittees responsibility to self certify compliance with the conditions. Failure to demonstrate compliance within 180 days may result in revocation of the permit. (Information on how to certify compliance was mailed with the permit or can be obtained from the Division at 303-692-3209.) 3. Construction of this source must commence within 18 months of initial approval permit issuance date or within 18 months of date on which such construction or activity was scheduled to commence as stated in the application. If commencement does not occur within the stated time the permit will expire on N VENEER 6 2000 (See General Condition No. 6., Item 1 on the reverse side of the first page of this permit.) (Reference: Regulation 3,Part 8, IV.G.4.) 103/0118/999 [REVERSE SIDE OF PAGE 11 GENERAL TERMS AND CONDITIONS: (IMPORTANT! READ ITEMS 5,6.7 AND 8) 1. This permit is issued in reliance upon the accuracy and completeness of information supplied by the applicant and is conditioned upon conduct of the activity, or construction, installation and operation of the source, in accordance with this information and with representations made by the applicant or applicant's agents. It is valid only for the equipment and operations or activity specifically identified on the permit. 2 Unless specifically stated otherwise. the general and specific conditions contained in this permit have been determined by the APCD to be necessary to assure compliance with the provisions of Section 25-7-114.5(7)(a), C.R.S. 3. Each and every condition of this permit is a material part hereof and is not severable. Any challenge to or appeal of, a condition hereof shall constitute a rejection of the entire permit and upon such occurrence, this permit shall be deemed denied ab initio. This permit may be revoked at any time prior to final approval by the Air Pollution Control Division (APCD) on grounds set forth in the Colorado Air Quality Control Act and regulations of the Air Quality Control Commission (AQCC). including failure to meet any express term or condition of the permit. If the Division denies a permit, conditions imposed upon a permit are contested by the applicant, or the Division revokes a permit, the applicant or owner or operator of a source may request a hearing before the AQCC for review of the Division's action. 4. This permit and any required attachments must be retained and made available Eor inapection upon request at the location set forth herein. With respect to a portable source which is moved to a new location, a copy of the Relocation Notice (required by law to be submitted to the APCD whenever a portable source is relocated) should be attached to this permit. The permit may be reissued to a new owner by the APCD as provided in AQCC Regulation No. 3, Part 8, Section III. 8. upon a request for transfer of ownership and the submittal of a revised APEN and the required fee. 5. Issuance (initial approval) of an emission permit does not provide "final" authority for this activity or operation of this source. Final approval of the permit must be secured from the APCD in writing in accordance with the provisions of 25-7-114.5 C.R.S. and AQCC Regulation No. 1, Part 8, Section IV. H. Final approval cannot be granted until the operation or activity commences and hag been verified by the APCD as conforming in all respects with the conditions of the permit. If the APCD so determines, it will provide written documentation of such final approval, which does constitute "final" authority to operate. Compliance with the permit conditions must be demonstrated within 180 days of commencement of operation. 6. THIS PERt1IT AUTOMATICALLY EIFIRES IF you (1) do not commence construction or operation within 18 montha after either the date of issuance of this permit or the date on which such construction or activity we. scheduled to commence as set forth in the permit, whichever is later; (2) discontinue construction for a period of 18 months or more; or (3) do not complete construction within a reasonable time of the estimated completion date. Extensions of the expiration date may be granted by the APCD upon a showing of good cause by the permittee. YOU MUST notify the APCD at least thirty days (fifteen days for portable sources) prior to commencement of the permitted operation or activity. Failure to do so is a violation of Section 25-7- 114.5(12}{a), C.R.S. and AQCC Regulation No. 3, Part B. Section IV. H. 1., and can result in the revocation of the permit. You muac demonstrate compliance with the permit conditions within 180 days after commencement of operation as stated in general condition number 5 above. 8. Section 25-7-114.7(2), C.A.S. requires that all sources required to file an Air Pollution Emission Notice (MEN) must pay an annual fee to cover the costs of inspections and administration. IC a source or activity is to be discontinued, the owner must notify the Division in writing requesting a cancellation of the permit. Upon notification, annual fee billing will terminate. 9. Violation of the terms of a permit or of the provisions of the Colorado Air Quality Control Act or the regulations of the AQCC may result in administrative, civil or criminal enforcement actions under Sections 25-7-115 (enforcement), -121 (injunctions), -122 (civil penalties), -122.1 (criminal penalties), C.R.S. Page 2 Colorado Department of Public Health and Environment Construction Permit Air Pollution Control Division AMERICAN SODA, L.L.P. - PICEANCE FACILITY Permit No. 98 -RB -0831 Initial Approval 4. Visible emissions shall not exceed twenty percent (20%) opacity during normal operation of the source. During periods of startup, process modification, or adjustment of control equipment visible emissions shall not exceed 30% opacity for more than six minutes in any sixty consecutive minutes. Opacity shall be measured by EPA Method 9. (Reference: Regulation 1, Section II.A.1.& 4.) 5. AIRS ID numbers (for example, "AIRS ID: 006") shall be marked on the subject equipment for ease of identification. (Reference: Reg. 3, Part 8, IV.E.) (State only enforceable) 6. This facility shall be limited to throughput as listed below and all other activities, operational rates and numbers of equipment as stated in the application. Throughput limits for individual equipment / activities shall be as specified in Attachment A. Monthly records of the actual throughput shall be maintained by the applicant and made available to the Division for inspection upon request. (Reference: Regulation 3, Part B,III.A.4) Nahcolite (as Sodium Bicarbonate) extracted by solution mining shall not exceed 1,400,000 tons per year ion dry basis). This corresponds to 994,709,000 gallons per year of hot water injected into the ground, and a differential nahcolite concentration (concentration in exiting brine - concentration in the inlet stream) of 2.81 pound per gallon. Compliance with the yearly production limits shall be determined on a rolling twelve (12) month total. 7. The equipment / activities at this facility are subject to the provisions of Prevention of Significant Deterioration (PSD). Application of Best Available Control Technology (BACT) is required. Emissions from various equipment / activities shall be controlled, and the permittee shall comply with the following BACT determinations: Hot Water Boiler, rated at 51,080,000 BTU per hour, referenced under AIRS ID1 001 Oxides of Nitro en: Controls: Low NOx Combustion System for minimizing emissions of Oxides of Nitrogen. ::missions not to exceed 0.05 pound per million BTU heat input. Ca on Monoxide; Controls: Good Combustion Practices for minimizing emissions of Carbon Monoxide. Emissions not to exceed 0.09 pound per million BTU heat input. Controls: Use of Pipe Line Quality Natural Gas, and Good Combustion Practices. No emission standard is specified. Emission limits specified in Attachment A is applicable. Two (2) Hot water Boilers, each rated at 258,700,000 BTU per hour, referenced under AIRS IDs: 004A and 004B. Oxides of Nit.rogeil: Controls: Low NOx Combustion system for minimizing emissions of Oxides of Nitrogen. Emissions not to exceed 0.038 pound per million BTU heat input. 103/0118/999 Page 3 Colorado Department of Public Health and Environment Construction Permit Air Pollution Control Division AMERICAN SODA, L.L.P. - PICEANCE FACILITY Permit No. 98 -RB -0831 Initial Approval Carbon Monoxide: Controls: Good Combustion Practices for minimizing emissions of Carbon Monoxide. Emissions not to exceed 0.09 pound per million BTU heat input. Particulate Mater / PM -10: Controls: Use of Pipe Line Quality Natural Gas, and Good Combustion Practices. No emission standard is specified. Emission limits specified in Attachment A is applicable. Two (2) Natural Gas Fired Reciprocating Internal Combustion Engines Powering Emergency Generators. These engines are equipped with Low NOx Combustion System. OXides of Nitrogen: Applicant has estimated that at an estimated operation of 500 hours per year, each engine emits 0.99 ton per year of Oxides of Nitrogen. This is equivalent to 2.0 grams per hp -hr. This is considered as BACT. Carbon Monoxide: Emissions are expected to be at the same level as Oxides of Nitrogen That is 2.0 grams per hp -hr. This is determined as BACT. Earti;ulate Matter / PM -10: Use of Pipe Line Quality Natural Gas and Good Combustion Practice is considered as BACT. Natural Gas Fired Reciprocating Internal Combustion Engine rated at 150 HP, powering emergency water pump for control of fire. Considering the size of the equipment and its very limited usage, "No Control" is determined as BACT. Steam Stripping of Nahcolite Brine. particulate Matter / PM -10: This process equipment is equipped by Demister Pads, washers, and Condensers. The emissions are expected to be negligible. "No Further Control" is determined as BACT. volatile Organic Compounds: Total facility emissions of volatile organic compounds has been estimated at less than 40.0 tons per year. BACT is not applicable. Sources of Fugitive Particulate Matter Emissions - Movement of vehicles / equipment on unpaved roads. Frequent watering of unpaved road surfaces for control of emissions of fugitive particulate matter. 8. "Good Combustion practices" constitute monitoring and control of several operating parameters. These parameters include, but not limited to, fuel flow rate, primary and secondary air flows, carbon monoxide concentration in the flue gas, level of excess air, and recirculating air flow. All relevant 103/0118/999 Page 4 Colorado Department of Public Health and Environment Construction Permit Air Pollution Control Division AMERICAN SODA, L.L.P. - PICEANCE FACILITY Permit No. 98 -RB -0831 Initial Approval parameters and their optimal operating ranges for various combustion devices shall be identified, and included in the required operation and maintenance plan. 9. Prevention of Significant Deterioration (PSD) requirements shall apply to this source at any such time that this source becomes major solely by virtue of a relaxation in any permit condition. Any relaxation that increases the potential to emit above the applicable PSD threshold will require a full PSD review of the source as though construction had not yet commenced on the source. The source shall not exceed the PSD threshold until a PSD permit is granted. This condition is applicable to all pollutants for which SACT determination is not required at this time. This includes, but not limited to, volatile organic compounds. (Reference: Reg.3, Part B, IV.D.3.b.(iv)) 10. Ambient concentration/s of the pollutant/s listed below shall be monitored as required under the Post -Construction Monitoring provisions of Regulation No. 3. IV. D.3. a. (iv). A detailed monitoring plan shall be submitted to, and approved by, the Division. Such monitoring system shall be operational prior to the startup of the facility. Particulate Matter less than 10 micrometers aerodynamic equivalent diameter [PM -101. Carbon Monoxide. 11. Total facility emissions of air pollutants shall not exceed the following limitations, and emissions from individual equipment / activities shall not exceed the limitations specified in Attachment A (as calculated in the Division's preliminary analysis): Compliance with the annual limits shall be determined on a rolling (12) month total. By the end of each month a new twelve month total is calculated base on the previous twelve months' data. The permit holder shall calculate monthly emissions and keep a compliance record on site for Division review. (Reference: Regulation 3, Part B, III.A.4) Volatile Organic Compounds: Particulate Matter: Particulate Matter < 10 pm (PM -101: Nitrogen Oxides• Carbon Monoxide• Particulate Matter-Fugiti^e• Particulate Matter 10 µm (PM -10J -Fug.: 38.60 15.10 15.10 79.69 183.52 10.08 5.04 tons tons tons tons tons tons tons per per per per per per per year year year year year year year Note: These emission limits do not include the combustion gas emissions from drilling machines used to make well holes for injecting and pumping hot water into, and nahcolite brine out of, the ground. 12. The particulate emission control measures listed on Attachment B (as approved by the Division) shall be applied to the particulate emission producing sources as required by Regulation No. 1, Section III.D.1.b. 13. This source is subject to the odor requirements of Regulation No. 2. (State only enforceable) 14. The manufacturer, model number and serial number of the subject equipment shall be provided to the Division prior to Final Approval. (Reference: Reg. 3, Part B, IV.E.) 15. Source compliance tests shall be conducted to measure the emission rate(s) for the pollutants listed below in order to show compliance with emission limits and to demonstrate the performance of the emission control devices. The test protocol must be in accordance with the requirements of the Air Pollution Control Division Compliance test Manual and shall be submitted to the Division for review and approval at least thirty (30) days prior to testing. No 103/0118/999 Page 5 Colorado Department of Public Health and Environment Construction Permit Air Pollution Control Division AMERICAN SODA, L.L.F. - PICEANCE FACILITY Permit No. 98 -RB -0831 Initial Approval compliance test shall be conducted without prior approval from the Division. Any stack test conducted to show compliance with a monthly or annual emission limitation shall have the results projected up to the monthly or annual averaging time by multiplying the test results by the allowable number of operating hours for that averaging time (Reference: Regulation 3, Part B. IV. H. 3) Boilers: Oxides of Nitrogen using EPA approved methods. Carbon Monoxide using EPA approved methods. Gas Separation and Steam -stripping of brine: Volatile Organic Compounds, and speciated for BTEX (Benzene, Toluene, Ethylbenzene, and Toluene) compounds, and other suspected non -criteria reportable pollutants, using EPA approved methods. 16. Emissions of volatile organic compounds from venting (gas separation from brine) and steam -stripping has been declared to be less than 25.0 tons per year, and the total facility emissions less than 40.0 tons per year. An initial analysis of representative sample of the brine coming out of the wells shall be conducted for volatile organic compounds speciated for all suspected non -criteria reportable pollutants witain thirty (30) days of the startup to demonstrate that the potential emissions are below the declared rate. Such analysis of the brine shall be conducted on a quarterly basis. If four consecutive analyses consistently show potential emission rates less than 25.0 tons per year of volatile organic compounds, subsequent analyses may be conducted on a semi-annual basis. If any of the semi-annual analyses show that potential emissions exceed the declared rate, the analyses shall be conducted on a quarterly basis. Sampling and analysis procedures shall conform to approved standards, Records of these analyses shall be kept at site, and made available to the Division for review, upon request. To ensure that samples are drawn under representative operating conditions, operating parameters shall be established by daily monitoring and recording. These parameters, include, but not limited to: injection fluid temperature and pressure, well -head brine temperature, and flow rates. These records shall be maintained at site, and made available to the Division, upon request. 17. Prior to scheduling of the tests, the applicant shall submit to the Division for approval an operating and maintenance plan for all control equipment and control practices, and a proposed record keeping format that will outline how the applicant will maintain compliance on an ongoing basis with the requirements of this permit. (Reference: Reg. 3, Part B,IV.B.2) 18. The emissions sources specified below are subject to the New Source Performance Standards requirements of Regulation No. 6, Part A: Steam generating unit, referenced under AIRS ID: 001, is subject to Subpart Dc, Standards of Performance for Small Industrial -Commercial -Institutional Steam Generating Units, including, but not limited to, the following: § 60.48c - Reporting and recordkeeping requirements. Steam generating units, referenced under AIRS IDs: 004A and 004B, are subject to Subpart Db, Standards of Performance for Industrial -Commercial -Institutional Steam Generating Units, including, but not limited to, the following: § 60.44b - Standards for nitrogen oxides: Emissions of nitrogen oxides (expressed as NO,) shall not exceed: 103/0118/999 Page 6 Colorado Department of Public Health and Environment Construction Permit Air Pollution Control Division AMERICAN SODA, L.L.P. - PICEANCE FACILITY Permit No. 98 -RB -0831 Initial Approval 0.1 pound per million BTU heat input at heat release rates less than 70,000 BTU per hour per cubic foot. 0.2 pound per million BTU heat input at heat release rates greater than 70,000 BTU per hour per cubic foot. In addition, the following requirements of Regulation No. 6, Part A, Subpart A, General Provisions, apply. a. At all times, including periods of start-up, shutdown, and malfunction. the facility and control equipment shall, to the extent practicable, be maintained and operated in a manner consistent with good air pollution control practices for minimizing emissions. Determination of whether or not acceptable operating and maintenance procedures are being used will be based on information available to the Division, which may include, but is not limited to, monitoring results, opacity observations, review of operating and maintenance procedures, and inspection of the source. (Reference: Regulation 6, Part A. General Provisions from 40 CFR 60.11) b. No article, machine, equipment or process shall be used to conceal an emission which would otherwise constitute a violation of an applicable standard. Such concealment includes, but is not limited to, the use of gaseous diluent., to achieve compliance with an opacity standard or with a standard which is based on the concentration of a pollutant in the gases discharged to the atmosphere. (5 60.12) c. written notification of construction and initial startup dates shall be submitted to the Division as required under § 60.7. d. Records of startups, shutdowns, and malfunctions shall be maintained, as required under 5 60.7. e. Excess Emission and Monitoring System Pertormance Reports shall be submitted as required under '; 60.7. f. Performance tests shall be conducted as required under 5 60.8. A copy of the complete applicable subpart(s) is attached. 19. Continuous emission monitoring systems (CEMs) shall be installed, calibrated, maintained and operated on the two steam generating units, each rated at 258.7 million BTU per hour, and referenced under AIRS IDs: 004A and 004B, as per 40 CFR Part 60 (Standards of Performance for New Stationary Sources), § 60.13 - Monitoring requirements, for measurement and recording of emissions of Oxides of Nitrogen and Carbon Monoxide to show compliance with emission limits and emission standards. Emissions of Carbon Monoxide, in conjunction with ocher parameters, shall be used to demonstrate that "Food Combustion Management Practice" is being applied. 103/0118/999 Page 7 Colorado Department of Public Health and Environment Construction Permit Air Pollution Control Division AMERICAN SODA, L.L.P. - PICEANCE FACILITY Permit No. 98 -RB -0831 Initial Approval 20. If more than one provision applies, the most stringent provision shall be applicable. 21. A revised Air Pollutant Emission Notice (APEN) shall be filed: (Reference: Reg.3, Part A,II.C) a. Annually whenever a significant increase in emissions occurs as follows: For any criteria pollutant: For sources emitting less than 100 tone per year, a change in actual emissions of five tons per year or more, above the level reported on the last APEN; or For VOC sources in ozone non -attainment areas emitting less than 100 tons of VOC per year, d change in actual emissions of one ton per ;year or more or five percent, whichever is greater, above the level reported on the last APEN submitted; or For sources emitting 100 tons per year or more, a change in actual emissions of five percent or 50 tons per year or more, whichever is less, above the level reported on the last APEN submitted; or A change in actual emissions, above the level reported on the last APEN submitted, of 50 pounds of lead. For any non -criteria reportable pollutant: If the emissions increase by 50% or five (5) tons per year, whichever is less, above the level reported on the last APEN submitted to the Division. b. Whenever there i:; a change in the owner or operator of any facility, process, or activity; or c. whenever new control equipment is installed, or whenever a different type of control equipment replaces an existing type of control equipment; or d. Whenever a permit limitation must be modified; or e. No later than 30 days before the existing APEN expires. Ram N. Seetharam Permit Reviewer 103/0118/999 Dennis Myers P.E. Unit Leader Construction Permits Unit Stationary Sources Program Air Pollution Control Division Page 8 Construction Permit Colorado Department of Public Health and Environment Air Pollution Control Division AMERICAN SODA, L.L.P. - PICEANCE FACILITY Permit No. 98 -RB -0831 Initial Approval Notes to Permit Holder: 1) The emission levels contained in this permit are based on the following emission factors: Pollutant Emission Factor pound per process unit Process Unit Natural gas fired boilers for boiler referenced under AIRS ID: 001 for boilers referenced under AIRS IDs: 004A and 0048 Nitrogen Oxides 0.0500 0.0350 ETUE6 heat input Carbon Monoxide 0.0900 0.0900 Particulate Matter 0.0100 0.0075 PM -10 0.0100 0.0075 Sulfur Dioxide 0.0006 0.0006 Formaldehyde Hexane Volatile Organic Compounds 0.0054 0.0054 Natural gas fired engine for emergency generators Oxides of Nitrogen 477.8973 w SCFE6 Natural Gas consumed Carbon Monoxide 477.8973 Diesel Fuel fired emergency fire pump Oxides of Nitrogen From AP -42 CALE3 Diesel fuel consumed Carbon Monoxide From AP -42 Diesel Fuel fired engines on drill rig/s NOx, CO, VOC, SO2 AP -42 CALE3 Diesel fuel consumed Sour es of fugitive particulate matter Particulate Matter -traffic AP -42 formulae Vehicle -Mile -Travelled for well field development tratfic PM -10 - Traffic �_. 50 % of PM PM - Main plant traffic AP -42 Formulae Vehicle -Mile -Travelled, commuters, devlivery / vendor PM -10 - Main plant traffic 50 % of PM PM- Disturbed areas 760.0000 Acre -Year PM -10 - Disturbed areas 380.0000 103/0118/999 Page 9 Construction Permit Colorado Department of Public Health and Environment Air Pollution Control Division AMERICAN SODA, L.L.P. PICEANCE FACILITY Permit No. 98 -RB -0831 Initial Approval Pollutant Emission Factor pound per process unit Process Unit Gas Separators (venting) Volatile Organic Compounds 18.2970 GALE6 Brine vented Benzene 1.0763 Steam -Stripping of Brine Volatile Organic Compounds 35.3876 GALE6 Brine processed Tests need to be conducted A Benzene 0.7037 Toluene 10.4554 2) The production / throughput or raw material processing limits and emission limits contained in this permit are based on the production/processing rates requested in the permit application. These limits may be revised upon request of the permittee providing there is no exceedance of any specific emission control regulation or any ambient air quality standard. A revised air pollution emission notice (APEN) and application form must be submitted with a request for a permit revision. This facility is classified as a: Major Stationary Source Major Source for Operating Permit Applicability 3) This source is subject to the Common Provisions Regulation Part II, Subpart E, Upset Conditions and Breakdowns. The permittee shall notify the Division of any upset condition which causes a violation of any emission limit or limits stated in this permit as soon as possible, but no later than two (2) hours after the start of the next working day, followed by written notice to the Division explaining the cause of the occurrence and that proper action has been or is being taken to correct the conditions causing said violation and to prevent such excess emission in the future. 41 The following emissions of non -criteria reportable air pollutants are estimated based upon the material consumptions / throughput limits. This information is listed to inform the operator of the Division's analysis of the specific compounds. This information is listed on the Division's emission inventory system. C.A.S. # SUBSTANCE EMISSIONS fLB/YR1 50-00-0 Formaldehyde 110-54-3 Hexane 71-43-2 Benzene 108-88-3 Toluene 103/0118/999 367.0 8,804.0 1,771.0 10,400.0 Page 10 Construction Permit Colorado Department of Public Health and Environment Air Pollution Control Division AMERICAN SODA, L.L.P. - PICEANCE FACILITY Permit No. 98 -RB -0831 Initial Approval AIRS ID 001 ATTACHMENT A EQUIPMENT / ACTIVITIES COVERED UNDER THIS FACILITY -WIDE PERMIT DESCRIPTION MAKE, MODEL. SERIAL NUMBER, DESIGN RATE, CAPACITY. CONSTRUCTION DETAILS, CONSUMPTION, THROUGHPUT, EMISSION CONTROLS, EMISSIONS REMARKS SPECIFIC PROVISIONS ONE (1) VOLCANO INTERNATIONAL, MODEL: D2-404, S/N: W1384, NATURAL GAS FIRED HOT WATER BOILER. HEAT INPUT RATED AT 51.080,000 BTU PER HOUR. THIS IS IDENTIFIED AS TEST MINK BOILER. THIS BOILER IS USED IN CONNECTION WITH GENERATING PROCESS PARAMETERS IN ADVANCE OF THE COMMERCIAL SOLUTION MINING OF NAHCOLITE. PROCESS LIMITS: NATURAL GAS CONSUMPTION: 4,387,000 SCF PER YEAR. EMISSION LIMITS: BASED ON 1,020 BTU PER SCF NITROGEN OXIDES: CARSON MONOXIDE: PM -10: 0.11 TONS PER YEAR 0.20 TONS PER YEAR 0.02 TONS PER YEAR COMPLIANCE PLAN BEST AVAILABLE CONTROL TECHNOLOGY SUBJECT TO NSPS, Dc. 004 MAYN BOILERS MAKE, MODEL, AND S/N: NOT AVAILABLE, NATURAL GAS FIRED HOT WATER BOILER, HEAT INNPUT RATED AT 258.700,000 BTU PER HOUR. THIS IS IDENTIFIED AS MAIN BOILER No. 1. AIRS ID: 004A. HOT WATER FROM THIS BOILER IS INJECTED INTO THE GROUND THROUGH WELLS. MAKE, MODEL, AND S/N: NOT AVAILABLE, NATURAL GAS FIRED HOT WATER BOILER, HEAT INPUT RATED AT 258,700,000 BTU PER HOUR. THIS IS IDENTIFIED AS MAIN BOILER Na. 2. AIRS ID: 0048. HOT WATER FROM THIS BOILER IS INJECTED INTO THE GROUND THROUGH WELLS. PROCESS LIMITS, FOR THE TWO BOILERS TOGETHER: NATURAL GAS CONSUMPTIOti: 3,942,000,000 SCF PER YEAR, BASED ON 1.020 BTU PER SCF EMISSION LIMITS. FOR THE TWO BOILERS TOGETHER: NITROGEN OXIDES: CARBON MONOXIDE: PM -10: VOLATILE ORGANIC COMPOUNDS: 76.40 TONS PER YEAR 180.94 TONS PER YEAR 15.08 TONS PER YEAR 10.82 TONS PER YEAR COMPLIANCE PLAN BEST AVAILABLE CONTROL TECHNOLOGY CONTINUOUS EMISSION MONITORING SYSTEMS SUBJECT TO NSPS, Db. 006 OAS SEPARATORS BRINE EXITING THE GROUND UNDER PRESSURE IS EXPOSED TO ATMOSPHERE PRESSURE. GASES (MAINLY METHANE) ARE EXPELLED FROM THE BRINE. PROCESS LIMIT: BRINE PROCESSED: EMISSION LIMIT: VOLATILE ORGANIC COMPOUNDS: 7.10 TONS PER YEAR 994,709,000 GALLONS PER YEAR COMPLIANCE PLAN. TESTS TO DETERMINE EMISSIONS OP VOLATILE ORGANIC COMPOUNDS, AND NON -CRITERIA REPORTABLE POLLUTANTS. ATTACHMENT A CONTINUED... 103/0118/999 Page 11 Construction Permit AMERICAN SODA, L.L.P. PICEANCE FACILITY Colorado Department of Public Health and Environment Air Pollution Control Division Permit No. 98 -RB -0831 Initial Approval AIRS ID ATTACHMEN A -WIDE PERMIT EQUIPMENT / ACTIVITIES COVERED UNDER THIS FACILITY DESCRIPTION MAKE, MODEL, SERIAL NUMBER, DESIGN RATE, CAPACITY, CONSTRUCTION DETAILS, CONSUMPTION, THROUGHPUT, EMISSION CONTROLS, EMISSIONS REMARKS SPECIFIC PROVISIONS 007 STEAM -STRIPPING OF NAHCOLITE BRINE ONE (1) MAKE, MODEL, AND S/N: NOT AVAILABLE, STEAM STRIPPER FOR EXPULSION OF CARBON DIOXIDE FROM NAHCOLITE BRINE. THIS IS EQUIPPED WITH DEMISTER PADS, WASHERS, AND CONDENSERS TO RECOVER ALL THE PRODUCTS. CARBON DIOXIDE IS THE ONLY POLLUTANT EMITTED. ,,MISSION OF PARTICULATE MATTER IS DECLARED TO BE NEGLIGIBLE. PROCESS LIMIT: BRINE PROCESSED: 994,709,000 GALLONS PER YEAR EMISSION LIMITS: VOLATILE ORGANIC COMPOUNDS: 17.60 TONS PER YEAR COMPLIANCE PLAN. TESTS TO DETERMINE EMISSIONS OF VOLATILE ORGANIC COMPOUNDS, AND NON -CRITERIA REPORTABLE POLLUTANTS. EMERGENCY FIRE PUMP 008 ONE (I) MAKE, MODEL, AND S/N: NOT AVAILABLE, DIESEL FUEL FIRED INTERNAL COMBUSTION ENGINE POWERING AN EMERGENCY FIRE FIGHTING WATER PUMp. THE ENGINE IS SITE RATED AT 150 HP. THIS SOURCE OPERATES LESS THAN 500 HOURS PER YEAR "NO CONTROL" IS BEST AVAILABLE CONTROL TECHNOLOGY. THIS SOURCE IS EXEMPT FROM APEN REQUIREMENTS. EMERGENCY GENERATORS ONE (1) MAKE, MODEL, AND S/N: NOT AVAILABLE, NATURAL GAS FIRED INTERNAL COMBUSTION ENGINE POWERING AN ELECTRIC GENERATOR. ENGINE IS SITE -RATED AT 900 HP. THIS SOURCE OPERATES LESS THAN 500 HOURS PER YEAR. THIS IS IDENTIFIED AS EMERGENCY GENERATOR No. 1 APPLICANT HAS ESTIMATED THAT THE NOX EMISSIONS FROM EACH ENGINE AT 500 HOUR/YEAR OPERATION IS 0.99 TON PER YEAR. THIS CORRESPONDS TO 2.0 GRAMS PER HP -HR. "NO FURTHER CONTROL" IS BEST AVAILABLE CONTROL TECHNOLOGY. ONE (1) MAKE. MODEL, AND S/N: NOT AVAILABLE, NATURAL GAS FIRED INTERNAL COMBUSTION ENGINE POWERING AN ELECTRIC GENERATOR. ENGINE IS SITE -RATED AT 900 HP. THIS SOURCE OPERATES LESS T1{AN 500 HOURS PER YEAR. THIS IS IDENTIFIED AS EMERGENCY GENERATOR No. 2 009 SOURCES OF FUGITIVE PARTICULATE MATTER EMISSIONS MOVEMENT OF VEHICLES / EQUIPMENT ON THE FACILITY (WELL DEVELOPMENT ACTIVITIES. MATERIAL DEVLIVERY AND VENDOR VEHICLE TRAFFIC) CONSTRUCTION ACTIVITIES (FIRST FIVE YEARS) -OPERATION OF BULL TOPSOIL REMOVAL AND STOCKPILING. WIND EROSION FROM DISTURBED SURFACES. MAXIMUM OF 1.5 ACRES DISTURBED IN A MONTH, EMISSIONS CONTROLLED BY FREQUENT WATERING OF UNPAVED SURFACES EMISSION LIMITS: PARTICULATE MATTER - FUGITIVE: 10.08 TONS PER YEAR PM -10 - FUGITIVE: 5.04 TONS PER YEAR BEST AVAILABLE CONTROL TECHNOLOGY REVEGETATION OF DISTURBED AREAS. MULCHING OR OTHER SURFACE TREATMENTS FOR AREAS THAT CANNOT BE SEEDED TO PROVIDE TEMPORARY STABILITY. FREQUENT WATERING OF DURING OPERATIONS OF BULLDOZER AND GRADER. END OF ATTACHMENT A. 103/0118/999 Page 12 Construction Permit Colorado Department of Public Health and Environment Air Pollution Control Division AMERICAN SODA, L.L.P. - PICEANCE FACILITY Permit No. 98 -RB -0831 Initial Approval ATTACHMENT B PARTIC'LATE EMISSIONS CONTROL PLAN FOR MATERIAL PROCESSING ACTIVITIES THE FOLLOWING PARTICULATE EMISSIONS CONTROL MEASURES SHALL BE USED FOR COMPLIANCE PURPOSES ON THE ACTIVITIES COVERED BY THIS PERMIT, AS REQUIRED BY THE AIR QUALITY CONTROL COMMISSION REGULATION NO.1 Section III.D.1.b. THIS SOURCE I5 SUBJECT TO THE FOLLOWING EMISSION GUIDELINES: a. Construction Activities and Haul Roads - No off -property transport of visible emissions shall apply to on-site haul roads, the nuisance guidelines shall apply to off-site haul roads. b. Haul Trucks - No off -property transport of visible emissions except that when operating off the property of the owner or operator, the applicable guidelines shall be no off -vehicle transport of visible emissions. Control Measures 1. Material stockpiles shall be watered as necessary to control fugitive particulate emissions. Materials shall be sprayed with water during material into / from stockpiles. 2. Plant entryway, truck service roads, and other traffic areas shall be graveled. Frequent watering shall be implemented if dust problems occur. 3. Vehicle speed on haul roads and service roads shall be restricted to 15 miles per hour. Speed limit signs shall be posted. 4. Disturbed surfaces subject to wind erosion shall be minimized. Disturbed areas shall be revegetated as soon as possible, and no inactive disturbed areas shall be left unrevegetated for more than three (3) months. 103/0118/999 STATEOFCOLORADO !3111 ( w'n , C nvcrnnr lanr 1 . Norton, I xccutivc I)iructnr i k dlcatcd tr.) protccring and irnpruving the health ,ind environment r,( the people of Coloracki 1300 Cherry (:ruck I)r. S. Wnver, Colorado (102.16-1.S30 Phone (3031 ,02.2000 located in (,Icndalu, Colorado http:pwwtv.cdplx•-st.ttc.cu.u> 1.aburatnty and Radiation ticrviccs I)ivisirm (1100 1 awry (11vd. Denver CO (10220.101:';1 0011(,112:10'.(0 May 12, 1999 Edward Cooley, Environmental Mgr American Soda, L.L.P. P.O. Box 2070 Glenwood Springs, CO 81602 970/928-9866 N 7/1 I• a76 f +/ �•i• ! Colorado Department • . , r f of Public Health and Environment a©mg JUN I 6 IAB D RE: Final Permit, Colorado Discharge Permit System - Stormwater Certification No.: COR -032868 YANKEE GULCH SODIUM MINERALS PRJ. Garfield County Local Contact: Edward Cooley, Environmental Mgr 970/928-9866 Anticipated Activity: 05/01/99 through 06/01/99 on 999 acres ( 890 acres disturbed) Dear Sir or Madam: Enclosed please find a copy of the permit certification which was issued to you under the Colorado Water Quality Control Act. Your certification under the permit requires that specific action be performed at designated times. You are legally obligated to comply with all terms and conditions of your certification. We have enclosed copies of the "Notice of Transfer" and "Inactivation Notice" forms for your use when appropriate. Please read the permit and certification. If you have any questions, contact this office at 692-3500. Sincerely, Phil Hegema.Unit Manager Permits Unit WATER QUALITY PROTECTION SECTION xc: Regional Council of Governments Local County Health Department District Engineer, Technical Services, WQCD File Copy Page 2 of 17 Permit No. COR -030000 CDPS GENERAL PERMIT STORRMWATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTTYTTY AUTHORIZATION TO DISCHARGE UNDER THE COLORADO DISCHARGE PERMIT SYSTEM In compliance with the provisions of the Colorado Water Quality Control Act, (25-8-101 et seq., (RS, 1973 as amended) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.; the "Act"), this permit authorizes the discharge of stormwater associated with construction activities certified under this permit, from those locations specified throughout the State of Colorado to specified waters of the State. Such discharges shall be in accordance with the conditions of this permit. This permit specifically authorizes the facility listed on page 1 of this permit to discharge stormwater associated with construction activity, as of this date, in accordance with permit requirements and conditions set forth in Parts 1 and II hereof. All discharges authorized herein shall be consistent with the terms and conditions of this permit. This permit and the authorization to discharge shall expire at midnight, June 30, 2002. Issued and Signed this day of J U N 0 2 1997 COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT J. David Holm, Director Water Quality Control Division Permit No. COR -030000 Facility No. COR -032868 Page 1 of 17 CERTIFICATION CDPS GENERAL PERMIT STORMWATER DISCHARGES ASSOCIATED WITH CONSTRUCTION Construction Activity: Construction of soda mine, processing. plant and associated structures. This permit -specifically authorizes AMERICAN SODA, L.L.P. to discharge stormwater from the facility identified as: YANKEE GULCH SODIUM MINERALS PRJ. which is located at 2717 County Road 215 Parachute, CO 81635 part of Section 15 TO1S R097W in Garfield County to Piceance Creek tributary to White River effective May 12, 1999. Annual Fee: $ 185.00 (DO NOT PAY NOW. You will receive a prorated bill.) APPLICATION FOR CONSTRUCTION PERMIT OR PERMIT MODIFICATION (previously referred to as EMISSION PERMIT) This application must he filled out completely except for #14 and 1115: otherwise. application will he considered incomplete SEE INSTRUCTIONS ON REVERSE SIDE. \lair completed application. APENs. and filing fee to: Colorado Department of Public health and Environment .lir 1'ollution Control Division 4300 Cherry Creek Drive South, ,tPCD-SS-111 Denver, Colorado 80246-1530 Telephone: 1303)692-3150 I. Permit to be issued to.: American Soda, L.L.P. 2. Mailing Address: P.O. Box 2070. Glenwood Spnngs State: CO Zip ('oele: 81602 3a. Agent for S'er'ytce rSee No. 3 on reverse): Kurt R. Nielsen. General \lallager 3h. Federal Tax Identification Number. X41 3(2()`)67 4a. General Nuuu'e of Business: Commercial :slim Facility ;Parachute Site) 4h. SIC Code: 1474 5a. Air Pollution Source Description: 1 .Natural Gas -Fired Rotary Dryer, I Natural Gass -Fired Boiler. l Natural (;a. -Fired Emergency Gencrator.l Diesel -Fired Emergency Fire Water Purnp, l Codling Tower. Mineral Processing Equipment 5h Dais per year source will iperrrte: .165 6a. Source Lot'atum Address f Include Laccauon Adapt: -3 mi. northwest of Parachute. Colorado Sections 34 and 35 Township 6 South. Range 96 West. Access is WWI of Garfield County Road 215, north of 1-70 .11 ,,,„,,. F...n.h,n AO 41HW roe ,aunrxm. and &man, r Ibm, ti w,.n ,n Mb, 1.. , ('a unty: Garfield (sh. 1JT,lf Coordinates (ter kin) Zone 12: 750.5 East 4,373.4 North 4 I t1i ler 1.5 ) 7. ESTIMATED COSTS: 7a. Source. Process l:'nilpotent or Project: ('.ap. (cost $ To Be Determined Air Pollution Control Procedures or Equipment 7h. Carmol Co.sv:. To Be Determined 7c. O1lemane Cost: S To He Determined 8a, STATUS Ill New Aa' Pollution Source O 1llorlifrcomni to Permuted Source (Control 1•:grnpinent added process change. rte. ): ❑ Transfer of (hvltershrp -- Trunslerred Pour- ❑ Lustra! Source- not permitted rhac-Icicle Dote ill 1,.lin r Briar up) ❑ kr fliie.lt111 to lona a 50111(1'.5 Poteluriti lit I:rna )i1' a :1fr1-i(1 it llri: Ilia' nett and e.trXtnr4! sources) Bermestnatr to linin a source's Potential to him tar Ilu;.ardous Air O ()thew al'tintn Ate Pollutions mune Brea /anon No .1 Pollutants only usrrrt” R41:411 fuan No. 1X 1 for etrstutg sources only) Projected Dates for Construction to: Kb. Bevan: \lay 1. _1999 Ke. End: September 15, 2000 Projected Source Startup Date: did. September 15, 2000 ae filed ,for each emission pont t issuance. ()0 9. Enclose check to corer.%PEN FILING FEES. Clete AI'EN shurrlil NOTE: Additional prnressinrt Ices truest also be paid prior to perm r) APENS cit $100.111) per APi:N =' 1401) 10. SIGNATURE C ' L•' LLY TII IZED IT 'ON (NOT Vrndo : r " anent f I Ia. Date Shined.: �,%��I f 1 1 b. Phone No.: f iia No.: it)70") 4)213-9863 4.: '� f ! 2. IIperor Print nine and official title al person .ritaiilr( tient W. Kurt R. Nielsen . General Manager 14. DATE AfpriCy Use Only RECEIVED 13. Cluck appropriate box if you want: a. El (copy to preliminan' analysis conducted by Division b. © To review a draft of the permit prior to issuance 4r,li• 1 hr.Lnl alba .lcm .,aha tr.Wt to ncterud We. n,li,e nnrr.nnr time Ser Nrver.r 15. PERMIT NUMBER 1 u'viIOR+ia 1r4Asr'ie nl'IN 9a1A AIR POLLUTANT EMISSION NOTICE FIRM NAME Atusab..du Soda. 1.1. E' MAIL. ADDRESS PO Bot 21)70 Glenwood Springs PERMIT NO.: AIRS ID.: / ,< PLANT NAME & LOCATION -a crit norther est of Pa ,-hute Colorado HOME -BASE FOR PORTABLE SOURCES Not .\vpticable STATE- CO ZIP: 81602 COUNTY: Garfield PERSON TO CONTACT REGARDING THIS INFORMATION Kurt R Nitron TITLE General Manner PHONE (9701 928-91466 GENERAL DESCRIPTION OF THIS PI .ANT'S FUNCTION Commercial Mine Facrhty IPsra.hute Site) FEDERAL TAX I.D. NO. 841360967 ` A. E • A 1 ' A 0'4 orma e . ranon o This ourcc Process easonal rough ut t'k of Annual) ADDI'1'iONA .1 '1 RM - N ( R R 'R A Wel scrubber for sodium bicarbonate processing line ❑uid bed dryer. No. of Employers 71 Land Arca 304 ares Hours/Day 24 Hours/Year 8.760 Day s1\\'cek 7 Dec-Fch '5; Mar -May _ 25; Jun -Aug 25; ' Sep -Nov 2Sr. B. STACK OR VENT INFORMATION (Identity below which stack rt plant has two or more: refer to attached sketch of ppplani layout) Height 70 fn Diameter 0 5 r1 Temperature l I! 1 Flow Rate 67 \C171 A clo, ;ty 311 tvmm Moisture 15 (1 Plant 11) No for Stack 1.1 C- FUEL INFORMATION Desig,nlnput land of Fuel Annual Fuel Consumption Furl Heating Value: Per Cent by Wcizht Seasonal Fuel Use (% of Annual Use) Space Htg bescnpuonofComhustion Unit Rase hi-. BTL MI Burned Requested keel Data year level (BTU)1h. BTLUg:1. or 13TI' CL-) Sulfur Ash Dec -Feb Mar -May' Jun -Aug Sep -Nov (% Ann.) N, 1 .-Applicable 25 25 25 25 Make/Model: Serial No i D. -PROCESS INFORMATION Raw Materials Used Raw Materials -Annual Consumption Design Process Rate Finished Product Finished Product -Annual Output llescnpnon ofFrocessirtt Unit DC CT prion Requesred level Data year level (Specify Units/Hour) Description Requested level Data year level Meat, fluid Bed Dryer s,aluun hic.,rbonatc 1 '.2 2(M l mnsryr 182.2041 k n.')r 20 8 ton;/ter .,Jlum hoc.irhonate 182.200 tons/yr 182,20(1 tons/yr N1akeiMadet. unknown Serial No : unknown 1 1 E- POLLUTION CONTROL EQUIPMENT Overall ESTIMATED EMISSIONS ACTUAL ESTIMATION CHECK ALL BOXES THAT APPLY Pollutant T) r,... of Com of EquipmentCollection Ellicicnc) 1TONSTYEAR i AT THROUGHPUTS REQUEST] D ABOVE EMISSIONS I DAT:\ YI-.Ak i METHOD 0New or pre% musty unreprirted source* 0 Requesting modal.. atioll of existing penult 1: Prima, Secondary CONTROI I FD I It;f'ONTROI 1 Fr 0 Change in emissions. throughputs or equiplueut . Particulate senlhher None 1)9 9,; (1038 273.1 I 113x vendor 0 Transfer of ownership box PM,,, scnlhher None 999'1- 0038 273 3 0038 vendor (List ptevit'us owner in REMARKS section of Alf 0 Previous APEN is expiring SO. None None 0 0 (1 0 Request for Emission Reduction Crcditt# NO. None None 0 0 0 0 (Spcell) ) VOC None None 0 0 11 Complete all applicable ponions of APEN t Complete -Requested Level' for limits CO None None 0 0 0 values permit # Complete all information above box A, and those remaining PLEASE USE APCD NON -CRITERIA REPORTABLE AIR POLLUTANT ADDENDUM FORM TO REPORT SUCH POLLUTANTS OR POLLUTANTS NOT LISTED ABOVE. • CHECK HERE lF YOU 1VISH THE DIVISION TO CALCULATE YOUR EMISSIONS. SEE "EMISSION ESTIMATES" INs itt'CTIONS ON (SACK. portions which reflect changes Signature of Person Legally Authorized to Supply Data:I f l)ATE�z jDATA YEAR (See Instructions on Reverse): 2000 . Typed Name and Title: hurt k \icL+en. (i:ncr.;] Manager ,,-.-.-y Date source hccan or will begin operation: September 15, 2000 THIS NOTICE IS VALID FOR FIVE YEARS. A revised notice shall be filed prior to this expiration date, whenever 1 permit limitation must be modified, whenever control equipment is changed. and annually whenever a significant emission change occurs For specific details see Regulation 3, Part A, 411•C -i. A SIM) FILING FEE IS REQUIRE') FOR EACH NOTICE FILED. Send completed forms with fees to: Colorado Dept. of Public Health & Environment APEN !t_1_ OF_9_ Air Pollution Control Division 4300 Cherry Creek Drive South. APCD-SS-B l Denver, Colorado 80246.1530 For Information, Call (303)692-3150 AIR POLLUTANT EMISSION NOTICE FIRM NAME American S,'Ja 1.1 P MAIL ADDRESS P OI1ot?OI0 Glcnwor,J HILLS PERMIT NO.: AIRS ID.: I STATE CO 'LIP: 8160' PLANT NAME & LOCATION -1 mi northwest of Parachute Colorado HOME -BASE FOR PORTABLE: SOURCES U_m Applicable COUNTY: Garfield PERSON TO CONTACT REGARDING THIS INFORMATION Kurt 6 Nielsen TITLE Grnerai hlanai_cr GENERAL DESCRIPTION OF THIS PLANTS FUNCTION Commercial Mine Facility iP'arachute She) PHONE (971)1928-9866 FEDERAL TAX 1.11 NO. 841360967 A. GENERAL INFORMATION Normal Operation of This Source Process Seasonal Through ut (`k of Annual) ADDITIONAL INFORMATION OR REMARKS: Dust control devices (dust collectors. haghouses) for sodium bicarbonate processing line Sec attachment Ins slack parameters and particulate matter emissions data 1 -or each unit. No. of Employees 71 land Area 304 acres l-Lourslbay 24 I-rurs/Year 8.761 Da)sltt'eek 7 Dec -Feb 25 Mar -May Jun -Aug _5', 25'7,- Sep -Nor 25C', B. STACK OR VENT INFORMATION (Identify below which stack if plant has two or more; reser to attached sketch of lam Iayourl Height (Sec Altaehmcnri ft Diameter (See An.l.hrrk•au it Temperature 'Sec Attachment F Flow Fate (Set A11a.1::. iI: ACE'lf `'elocrly pct Attu,tin.nt 1 ft'nun Moisture (Ste Atta.hrnenii `/ Plant ID No for Slack L2, L6. L7, L. L13, 115. L17 C. FUEL INFORMATION Designlnput Kind of I-uel Annual Fuel Consumption Fuel Heating Value: Per Cent by Weight Seasonal Fuel Us ((,fk of Annual Use) Space Htg DescnptionofComFl :soon knit Rate iu' Ell -L liR• Burne.! Rcqucsted icvcl! Data year les el { 1BTUIIb. Bill/gal. or ESTI(/S('I'l Sultur .Ash Iyer -E -eh Mar -May Jun -Aug Sep -Nov (`7a Ann.) Not Apph.rhie 25 25 25 25 Make/Model: ' Sertal-No, t D. PROCESS INFORMATION Raw Alatenais Used Raw Materials -Annual Consumption Design Process Rate Finished Product Finished Product -Annual Output I bescnption of Processing Unit Descr piton Requested level Data year level (S_peciOv Units/Hour) Description Requested level Dara year level Baugh I'r..du.l Uu,d.r. Surge Bon ('lu.•:It.r. S.rcrn,. sAiruta hlcarhonatc 1h2,2IA1 ronshr IK_.2(*) ion.hr 20fi Jons/hr sodium bicarbonate 182.200tonslyr 182.20( tons/yr Pn.Ju,.i Bins sal. Pu,'ll r ll:n. Bulk I....,Jout. Super S. kyr S'.Icn. Make/Model: unknow n Serial No : unknow n E. POLLUTION CONTROL. EQUIPMENT 0 erall ESTIMATED (TONS/YEAR REQUI-STEO EMISSIONS AT THROUGHPUTS 1, EOVE. ACTUAL EMISSIONS 'DATA: YLAR, ESTIMATION METHOD C7 Newor previously 0 Requesting ino,,iifu'suon CHECK ALL BOXES THAT APPLY unreported source* of existing permit; Pollutant Ty pr of Cant of EquipmentCnilection E:itic,C11. Pnmats Secondary _CONTROI LED 1tN.CONTROE i Fr) 0 Charge in emissions. throughputs or equtpmcnl Particulate hachnuse None 99`; lSce Aaxhrncnti (Sec Aie,chmenel (See Aur.hlnenri vendor ❑Transfer of ownership Ph1,,, bachnusc None 99; i Ser All.,..hrnenir ,S:c An-„hmcntl (Sec Ait:ichmenti vendor (List pre%ious owner in REMARKS section of box A.)t. 0 Previous MIN is expiringt SO, None None 0 0 0 0 Request :or Emission Reduction Creditt$ NO, None None 0 0 0 0 (Specify) -1 VOC None None 0 0 0 Complete all applicable portions of APEN t Complete "Requested Level” for lirnits CO None None 0 0 0 values permit # Complete all information above box A, and those remaining BI -E AIR PLEASE USE APED NON -CRITERIA RREPORT SUCH POLLUTANT ADDENDUM FORM TO POLLUTANTS OR POLLUTANT'S NOT LISTED ABOVE. • CHECK HE IF YOU 1YISH THE t (VISION TO CALCULATE YOUR ' Etll." )NS :E "E. MON ES 11 ES" INSTRUCTIONS ON BACK. portions which reflect changes Signature of Person Legally Authorized to Supply Data: / DAT/E,/e..„7 j DATA YEAR (See Instructions on Reverse): 2000 Typed Name and Talc: Kurt R. Nielsen, General Manager / N ! Date source began or will begin operation: September 15, 2000 THIS NOTICE IS VALID FOR FIVE YEARS. A revised notice shall be filed prior to this expiration date, whenever ■ permit limitation must be modified. whenever control equipment is changed. and annually whenever a significant emission change occurs. For specific details see Regulation 3, Part A. I) II.C.I. A $100 FILING FEE IS REQUIRED FOR EACH NOTICE FILED. Send completed forms with fees to: 1 Colorado Dept_ of Public Health & Environment APEN #_2_ OF 9_ .-Gr Pollution Control Division 4300 Cherry Creek Drive South. APCD-SS-B1 Denser, Colorado 80246-1530 For Information, Call (303)692-3150 ATTACHMENT TO APEN # 2 Throughput (tons/yr): 182,200 (each unit) B. STACK OR VENT INFORMATION Stack Height (ft) Diameter (ft) Temperature (°F) Flow Rate (ACFM) Velocity (ft/min) Moisture (%) L2 128 2.0 97 11,967 3,809 0.0 L6 128 1.2 80 3,500 3,312 1.4 L7 153 1.5 80 6,400 3,622 1.4 L8 153 1.3 80 4,200 3,422 1.4 L13 128 1.2 80 3,800 3,596 1.4 L15 55 0.7 80 1,100 3,158 1.4 L17 55 0.7 80 1,200 3,445 1.4 ESTIMATED EMISSIONS (TONS/YEAR) AT THROUGHPUTS REQUESTED ABOVE ACTUAL EMISSIONS (DATA YEAR) Stack Controlled Uncontrolled L2 3.5 273.3 3.5 L6 1.0 473.7 1.0 L7 1.9 473.7 1.9 L8 1.3 473.7 1.3 L13 1.1 473.7 1.1 L15 0.3 473.7 0.3 L17 0.4 473.7 0.4 APEN Attachments APEN-2A APEN # 2 of 2 AIR POLLUTANT EMISSION NOTICE FIRM NAME American Soda 1.1. P PEPNIIT NO.: AIRS ID.: MAIL ADDRESS P Q Box 1070 Glenwco,l$T+ungs PLANT NAME & LOCATION -1 rin nonhuest of Parachute. Colorado HOME -BASE FOR PORTA E3I E: SOURCES Not Ana blc STATE: CO _YIP: 81602 COUNTY: Garfield PERSON TO CONTACT REGARDING THIS INFORMATION Kurt R Nielsen TITLE General Manager GENERAL DESCRIPTION OF THIS PLANTS FUNCTION Commercial Mine Facile) (Paraehuie Site) A. GENERAL INFORMATION No. of Employees 71 Normal Operation of This Source Land Area 304 acres Hours/Day 24 Hours/Year 13.760 Days/Werk Process Seasonal Through ut (`dr of Annual} T)ec•Feh 1 Mar•May Jun•Aug 'Cr; L25 25q Sep -Nov 25C7- B. 5C7 PHONE (970) 9'8-9866 FEDERAL TAX I.D. NO. 041360967 ADIM TIONAI. INFORMATION OR REMARKS: B. STACK OR VENT INFORMATION (Identify below which stack it plan[ has two or more: rettr to attached sketch u f Ianayou t layout,/ Height 195 ft Diameter 60 ft Temperature 275 F1ou Rare IOalO) i 0111 \ elocny i\totsture 'Cutin 42 5 Plant 11) No For Stack 1.3 C FULL INE'ORMATR)N Desenptrnn of Combustion Inn I)es gnlnput Rate I)) BTL III Kind 01 Fuel Burned Annual Foci ('onsumpn011 Re.luesteti ievti I).ita year le%ei Fuel Heating Va'' e: 13T1.lhh, BTU /gal- or HTII!51 -1 Per Cent by Weight Seas) nail Fuel Use ('k of Annual Use) Sopor Ash Dec•Frh Mar -May Jun -Aug Sep -Nov Space Htg 07, Ann.) DSA Product Dr)er Make/Model: unknown Serial No, unknown D. PROCESS INFORMATION 'Description of Processing Unit 133 3 Natural (.;.is Raw ilatenals Used Descr piton 1.145 x 10^ Nil 1.145 10`;x1 Rau ,Materials -Annual Consumption Requested level 1 ata rear level 1.0120 13iJscf Design Process Rate 1Specifv UnitsiHoitr) Finished Produce Description 25 25 Request USA Pr.klucl 1)r)er 1, 154 (,)) tons/:.1 1.154 6(0 t.,m1.1 1.31 rph SOnla ash 25 r - 25 Finished Produce -Annual Ou put ed ]eve] Data year level it 1,154,600 tons/yr 1.154.600 tons/yr MakefM0de!. unknown Serial No,: unknown 1 E. POLLUTION CQNTROI. EQUIPMENT Pollutant T) pe of Control Equipment Pnman Particulate tkiirostaui pr [,pitons PAt n eleormo i. rrcannaIor Secondary None None Overall ( ollection Lit ic,c tics ESTIMATED EMISSIONS (TONS/YE.AR) AT THROUGHPUTS REQUEST] I) ABOVE CONTROIII'D !l .CONTR01 I ED ACTUAL EMISSIONS [DATA l'3 \R1 ESTIMATION METHOD 999`- 20 9 28.869 22(1 9 Vendor 999% 20 9 28.869 20 9 Vendor SO None None 05 03 0 3 Mass Balanic NO, None None or"r 87.6 87 6 Vcmfnr VOC None None 0C} 3.2 31_ AE' -42 CO None None 0,3- 1.180 1,180 Vendor PLEASE USE APCD NON -CRITERIA REPORTABLE AIR POLLUTANT ADDENDUM FORM TO REPORT SUCH POLLUTANTS OR POLLUTANTS NOT LLSTED ABOVE. ❑ CHECK HERE: IF YOU %%ISH THE DIVISION TO CALCULATE. 1'OI:R EMISSIONS. SEE "E:MMION ESTIMATES" INSTRUCTIONS ON 13ICK. CHECK AI.L BOXES THAT APPLY E Xr+s or prcruv1s1) unreported source" O Retiti.s[wg modsfication of existing pcn1l 1 r'r ❑ Change in emissions, thn)ueliputs or equiprncne$ O Transfer of ownership (List previous owner in R1irIARKS section of box A.)� ❑ Precious :\P1;N is expiring. ❑ Request for Emission Reduction Credit'4 (Specie;.) Complete all applicable portions of APEN t Complete "Requested Level" values l -or permit limits Complete all information above box A, and those remaining portions which reflect changes Signature of Person Legally Authorized to Supply Data: Typed Name and Title Kure R Niel en. General A1ana�er DAT C DATA YEAR (See Instructions on Reverse): 2000 THIS NOTICE IS VALID FOR FIVE YEARS. A revised not‘shall be filed prior to this expiration date, whenever a permit [imitation must be modified. whenever control equipment is changed. and annually whenever a significant emission change occurs. For specific details see Regulation 3, Part A, 411.C_E. Date source began or will begin operation: September 15.2(x0 411. A $100 FILING FEE IS REQUIRED FOR EACH NOTICE FILED. r Send completed forms with Trestle,: Colorado Dept of Public Health & Environment APEN p_3_ OF_9_ Air Pollution CommI Division 4300 Cherry Creek Drive South, APCD-SS-B I Denver, Colorado 80246-1530 For Information, Call (303)692-3150 AIR POLLUTANT EMISSION NOTICE FIRM NAVE 1 1. 1' MAIL ADDRESS PO Bos 2070(ilen,00,1Springs PLANT NAME: & LOCATION-1111_orthuest of Paochute Colorado PERMIT NO,: AIRS ID.: / I STATE- CO ZIP: 81602 COUNTY: Garlick] HOME.E3ASE FOR PORTA/i1.1. SOURCES PERSON TO CONTACT REGARDING THIS INFORMATION Kiirt R Nielsen TITLE Generic &tanager GENERAL DESCRIPTION OF THIS PLANTS FUNCTION Commercial Aline Facility IParai.lwte Sue) PHONE (97019_28-9866 FEDERAL TAX 1.D. NO. 841360967 A GEiti_RAL INFORMATION Normal Operation of This Source Process Seasonal "through in l% of Annualt ADDITIONAL INF'O'RMATION OR REMARKS: No of 1`mpToyees 71 Land Area 341 acres Hours/Day -' 24 Hours/Year 8.760 _ Days/Week 7 Dec -Feb 25: Mar -May Jun -Aug 25'7 257 Sep -Nov 25q 13, STACK OR VENT INFORMATION Ildem[fy below which stack if plant has two or more: reser to attached sketch ofplant layout) eight 40 11 Diameter 1 7 It Temperature 350 I Flrrw Rate 30.954 \C( M N. elo. uy 3 621 It.'nun Moisture 1 ] 2 , Plant II) No for Stack 1.3 J C. E-UEL INFORMATION Dexrgnlnput Kind of bud Annual Fuel Consumption fuel Heating Value: Per Cent by Weteht Seas[ nal Fuel Use (%, of Annual Use) Space Hag Burned Requested level Data year les el 113TUAh. 13T111/Fal01 BIM/SCP) Suite Ash Dec -Feb Mar -May Jun -Aug ' Sep -Nor (7 Attn.) DescnptwnofCombustion Unit Rate lth 13T1' HR Boiler ht; 8 Natural Gas r,,r4 x DIY set 694 n ID" act 1.020 6t i/ i 25 25 25 25 SriNod unknown al No. a unknow n Serial 1 D. PROCESS INFORMATION Raw Materials Used Raw Materials -Annual Consumption Design Process Rate 1. tushed Product E•inished Product -Annual Ou put Description of Processme Unit Descr 'non Requested level Data sear level (Specify UnnsMourl Description Requested level Data year level Not Applicable !slake/Model: genal No : E. POLLUTION CONTROL EQUIPMENT Overall ESTIMATED EMISSIONS 1TONS/YEAR t AT THROUGHPUTS RLQUESTI 1) ABOVE ACTUAL 1-.MISSI )NS ,DATA V) \k, ESTIMATION METHOD CHECK ALL BOXES THAT APPLY O New or pre: ioas]y unreported source* 0 Reyue>urie u:n,ile.rtnn of ext>ung peruiu t Pollutant Ts pt of Cont of I:yuipmer,t Co le -;tun I;tIi not Primer: Seconders (-ONTROI 1 F1) I IN('ONTROI I FI) 0 Change in emissions, throughputs or equipmrut . Particulate None None (I' 2.7 2 7 Vendor 0 Transfer of ownership PM,,, None None 0% 2 7 27 Vendor (List pre: sous owner in REMARKS section of hox A. 0 Pres ious APEN is expiring. SO. None None 0"-r (1? 0 2 Mass Balance 0 Request for Emission Reduction Credit t+ NO. None None OCI 21-2 21 2 Vendor ❑!Specify) VOC None None 0% r 1.9 1 9 AP -42r Complete all applicable ponions of APEN Complete "Requested Level" values for limits CO None None 003- 52.6 52 6 Vendor permit i Complete al] information above box A, and those remaining PLEASE USE APCD NON -CRITERIA REPORTABLE AIR 1 POLLUTANT ADDENDUA FORM TO REPORT SUCH POLUJrANTSOR POLLUTANTS NOT LISTED ABOVE, A CHECK HERE IF YOU WISH THE DIVISION TO CALCULATE YOUR EMISSIONS. SEE ::EMISSION ESTIMATES" INSTRUCTIONS ON ISVCK. L r portions which reflect changes :::______)„..._32: t i Signature of Person Legally Authorized to Supply Data: �` � ll \T}1 /,/� C ! l C DATA YEAR (See instructions on Reverse): 2000 "47ped Name and Tale: Kurt R Nielsen, General Manager i �� �/ D:nc source began or will begin operation: September 15. 2000 THIS NOTICE IS VALID FOR FIVE YEARS. A revised nod' shall be filed prior to this expiration dale, whenever a permit limitation must be modified, whenever control equipment is changed. and annually whenever a significant emission change occurs. For specific details see Regulation 3. Part A, I mei.. A $100 FILING FEE IS REQUIRED FOR EACH NOTICE FILED. Send completed forms with fees 10: Colorado Dept. of Public Health & Environment APEN #_4_ OF_9_ Air Pollution Control Division 4 300 Cherry Creek Drive South, APCD-SS-B 1 Denver. Colorado 80246-1530 For Information, Call (303)692-3150 AIR POLLUTANT EMISSION NOTICE FIRM NAME ,\11 rigour S:xh.1J. P PERMIT NO.: AIRS ID.: h1AIF. AD1)RIiSS P O Boa 'I)70 Glenwoo,1 Spline PLANT NAME & LOCATION -1 mi north„tsi of Parachute Colorado HOMEBASE FOR PORTABLE SOURCES Not Applicable 81602 COUNTY: Garfield PERSON TO CONTACT REGARDING THIS INFORMATION Kurt R Nelsen TITLE General Manager PHONE (970) 928-9866 GENERAL DESCRIPTION OF THIS PIANTSFUNCTION Commercial Mone Facrlu, IPar.ichuie Sire) FEDERAL TAX I.D. NO. 841360967 A. GENERAL INFORMATION Normal Operation 01 This Source Process Seasonal Through tit ('T ot Annuals No. of Employees 71 Land Arca 304 acres Hours/Day I HourslYcar 24 8.760 Days/Weck 7 Dec -Feb ( Mar -May 25' l 25'77r Jun -Aug 25q - Sep -Nov 25% :10i)ITiONAL INFORMATION OR REMARK ; Dust control devices (dust collectors. baghouse) for soda ash processing line. See attachment for stark parameterS and particulate mailer emissions data for each unit. B. STACK OR VENT INFORMATION (ldenttfy below which stack it plant has two or more: refer to attached sketch of Alam layout) Height (Ser Au.,.h nx nil fi Diameter Temperature 15c[ An:,,hnwnii 11 s0 Flow Raie 1Sec \tI. I:r.:nn \CE -'t \'elncuy An..,hincatrclnin Moisture 14 I'Ian: 11) No for Stack 1.9 I 1.1.1_ I._0 C. FUEL INFORMATION Description of Combustion Unit Designlnpul Rate i 0 ' I(TI III:. Kind ot fuel Bernell .Annual Fuel Consumption Requested level Data y ar re rl Fuel Heating Vale. RTU/lh. I1TL11ieal. or EITI ASCI' I Per Cent by Weight Seasonal Fuel Use V7r of Annual Use! Suiritr Asti Dec -1 eh Mar -1 Lay fun -Aug Sep -Nat Space Htg { 'k Aron_) Not .1Nplrc.,ble 25 25 25 25 MakedModel: Stinal No. D PROCESS INFORMATION I)escnpnon of Pmcessmc lona Raw Matt gals Used I)eser ption Raw Materials -Annual Consumption Rc,lnested Level Data Year ureal Design Process Rate (Specify hots/Hors Finished Product Description Finished Product Annual Ou put Requested level Data year level 0S.\ Pr,,.lu.t tit.'r.e Him, linker L;,,ai. o, ti_reer, C. tool Li ash 0)4 ).5! x) t,nJ)r 950.i(s) r I0S 5 tons/hr sod,i ..,h 950.500 tons/yr 950.500 tons/yr flskdtilaJeI. unknown Serial No : unknown E POLLUTION CONTROL. EQUIPMENT Pollutant Type' 01 (•tint 01 1i4urprncnt I'rim::n Secondary Overall ( :Ile;tio' f.115. er.) ESTIMATED EMISSIONS (TONS/YEAR' AT THROUGHPUTS REQUI:ATE !) ABOVE CONTROL 1 FD J LN('O'TROI._Li ] ACTUAL EMISSI )NS 'DATA YE::\RI ESTIMATI( N METHOD Particulate baghouse R None 99 . !Sec Attachment .See Auashmenii iSec Ail..ihmcn[] .See An:..hment) ;See 1u..,hivxmi 1SceAttachment) rendiir vendor PM,,, hanhotu.e None 99'"r SO. None None 0 0 0 NO. VC C None None None None 0 0 1) 0 CO None None n 0 0 PLEASE USE APCD NON -CRITERIA REPORTABLE AIR POLLUTANT ADDENDUM FORM 1() REPORT 51 CH 1'OI.LIJTANTS OR POI LIITANTS NOT LISTED ABOVE. Signature of Person Legally Authorized to Supply Data Typed Name and Tdle. hurt R. `hien. (icn_r.d 11an.iger ❑ CHECK HERE IF YOU WISH THE DIVISION TO 'AF.CULATE YOUR F:NIISS10N5, SEE "EMISSION ESTIMATES,, INSNRI:(TIONNS ON BACK. DATE L %/l THIS NOTICE IS VALID FOR FIVE YEARS. A revised notife shall be filed prior to This expiration A $100 FILING FEE Is dale, whenever a permit limitation must be modified, whenever control equipment is changed. and annually whenever a significant emission change occurs. For specific details see Regulation 3. Part A, REQUIRED 1II.C.1. FOR EACH NOTICE FILED. Send completed forms with fees to: CHECK ALL BOXES THAT APPLY E New or previously unreported source' ❑ Rolm's:mg mnditic.iIan 01 caning period i' ❑ Change in emissions. throughputs or eyalprucui ❑ Transfer of ownership list pros iuus ow nee in REM ARKS section of box A.4 ❑ Previous AMEN is expiring$ ❑ Request for Emission Reduction Credit ❑ (Specify t ” Complete all applicable portions of APEN ▪ Complete "Requested level" values for permit limits Complete all information above box A. and those remaining pinions which reflect changes DATA YEAR (See Instructions on Reverse): 2000 1)are source began Dr will begin operation: September 15. 2000 Colorado Dept. of Public Health & Environment APEN #_5_ OF_10_ Air Pollution Control Division 4300 Cherry Creck Drive South, APCD-SS-B 1 Denser, Colorado 80246-1530 For Information, Call (303)692-3150 ATTACHMENT TO APEN # 5 Throughput (tons/yr): 950,500 (each unit) B. STACK OR VENT INFORMATION Stack Height (ft) r Diameter (ft) Temperature (°F) Flow Rate (ACrM) Velocity (ft/min) Moisture (%) L9 138 2.0 80 12,200 3,883 1.4 L11 100 0.5 80 700 3,565 1.4 L12 100 0.5 80 700 3,565 1.4 L20 100 0.5 80 700 3,565 1.4 ESTIMATED EMISSIONS (TONS/YEAR) AT THROUGHPUTS REQUESTED ABOVE 1 ACTUAL EMISSIONS (DATA YEAR) Stack Controlled Uncontrolled L9 3.6 1,663.4 3.6 L11 0.2 2,471.3 0.2 L12 0.2 2,471.3 0.2 L20 0.2 2,471.3 0.2 APEN AHachanmts APEN-5A APEN #5of9 AIR POLLUTANT EMISSION NOTICE FIRM NAME :\t„I, MAIL ADDRESS 1Q13o.' )7I)Gkii' o'i puno PLANT NAME S LOCATION -1 nn northwest of Pant:hut): Solorido HOME -BASE FOR PORTABLE: SOURCES Not Applicable PERMIT NO,: AIRS ID.: STATE: CO ZIP: 81602 COUNTY: Garfield PERSON TO CONTACT REGARDING THIS INFORMATION Kurt R Nielsen TITLE: fiersr I _E-in-ayer PHONE (970) 928-9866 GENE:RAI. DESCRIPTION OF THIS PI ANTS FUNCTION Commercial Mine Faclhtx 1 Parachute Site) FEDERAL TAX 1.D. NO. 84 1360967 A. GENERAL INFORMATION Normal Operation of This Source Process Seasonal Throughtit 1% of Annuall AL)I)1TIONACINFORAIATION OR REMARKS: Dust collector for sodium bicarbonate processing line. bay Arca Hoursay Hours/Year No. of -Employees Hours; 2_5 71 131)4 acres 24 164760 Day'sPikeck _ 7 Dec-itchar-May Jun -Aug � 1 Filar-May 125'74 Sep-Kav 297, B. STACK OR VENT INFORMATION {identify below which stack 1f plant has Iwo or more: r ter to auached sketch of lam layout) Height 70 ft Diameter 1.8 rt Temperature Rn F Flow Ra c 8.50(1 _ACM \ cloctty z 534 [Lrmin i Moliture 1 4 , Plant ID No for Stack L10 r L. FULL INFORMATION Uc, enlnpur Kind or Fuel annual Fuel Consumption Fuel Heroine Value: Per Cirri by Weight Seasonal Fuel Use C.%. of Annual Use) Space Htg Description of Combustion (Inn Rate .j• BTI. 110 Burn... -.l Requested level Ilaid )ear le%el i1(TUnh. IBIS7gal. oi 111105(1 1 Suitor Ash Dec-Feh Meir -May Jun -Aug. Sep -Nov 1r2 Ann.) Noi Appluable 25 25 25 25 Make/Model: --N. Serial No. LD. PROCESS INFORMATION Raw plate oils Used Rd v Materials -Annual Consumption Design Prmess Rate Finished Product Finished Product -Annual Ou put Description of Processing Unit Descr peon Requested level Data year level rSpecity Units/Hour) Description Requested level Data year level 13.,gger tiysiciii so,hum biotrhonaie 346 '+00 tons/} r 346-94kI ❑vie.'}r 3-9 it 1on,.Rlr ,.chum ho , rhm,:ile 346.900 tons/yr 346.90(1 tons/yr MaAe,ti10,Ic1. m11,111.111 Serial No-: unknown E. POLLUTION CONTROL EQUIPMENT Overall t ESTIMATED EMISSIONS ACTUAL ESTIMATE( N r CHECK ALL BOXES THAT APPLY Pollutant Ty pe all Camrol Equipment( oll.ct1on E.l1i o nom; 1TONSIYEAR AT THROUGHPUTS REQUEST/ 11 \HO\'E [MISS! )NS ,l).-\1\ VLAI-1' METHOD C7 New or prem iously unreported source. 0 Rcquc>iiug niudlilc.ltion oi existing peroui,: Prnnars Secondary (ON T RO) LFI) LI%CONTROI 1 FLJ 0 Change 1n emissions, thnwshputs or equipment;. Par11c111.ue dust collccr,o None 99`1 2.5 901.9 2 5 1iador 0 Transfer of ownership Mit. Just nmliec[or None 99g 2 S 901 9 2 5 vendor(I.1!,1 prcVIM': owner in REMARKS section of box A.I 0 Pleviatrs:\PLN is SO, Nona None 1) 0 ti a•xpinngr 0 R.,iuest for Emission Reduction Credit E NO, None None 0 0 0 0 (Speedy) VOC None None 0 0 q • Complete all Applicable pon ions of APLN ' Complete "Requested I.evcl•' limits CO 1 r None None 0 0 0 values for permit ; Complete all infomlauon above box A. and those remaining ■ CHECK HERE IF YOU WISH THE DIVISION TO :ALCUL:1TE YOUR POLLUTANT ADDENDUM FORM TO REPORT SUCH PLEASE USE APCD NON -CRITERIA REPORTABLE AIR _..� POLLUTANTS OR POLLUTANTS NOT LISTED ABOVE. E.111SSIONI�S.EE "EMISSION ESTIM \TES” INSTRUCTIONS ON BACK. portions which reflect changes Signature of Person Legally Authorized to Supply Data: �J/// - = /1 D E] /��(/ ! DATA YEAR (See Instructions on Reverse): 2000 Typed Name and Title: Kurt R. Nielsen, Ckneral Manager /` i/��'� /moi �� �� Date source began or will begun operation: September 15. 2000 THIS NOTICE IS VALID FOR FIVE YEARS. A revised ti lee shall he filed prior to this expiration date, whenever a permit limitation waist be modified, whenever control equipment is changed. and annually whenever ■ significant emission change occurs. For specific details see Regulation 3. Part A. §11.C.1. ,� $100 FILING FEE IS REQUIRED FOR EACH NOTICE FILED. Send com2leicd forms with fees to: Colorado Dept. of Public Health & Environment APEN a._6_. OF_9_ Air Pollution Control Division 4318.1 Cherry Creek Drive South, AICD -SS -B I Denver. Colorado 80246-1530 For Information, Call (303)692-3150 AIR POLLUTANT EMISSION NOTICE FIRM NAME :\nrcrl:,.,, S'Nl.a L [ L' PERMIT No.: AIRS ID.: / I hi ii. ADDRESS P O Bo 2070 Glenssood Some, STAFL CO ZIP: �I60' PLANT NAME. S LOCATION -) mi northwest of Parachute Cohvado HOME-IOASli FOR PORTA 13LL SOURCES Net Applicable COUNTY', Garfield PERSON T() CONTACT REGARDING THIS INFORMATION hurt R Nielsen TITI.1: (icnrr,tl )tanager PHONE 1921) 928-9866 GENERAL DESCRIPTION 01` THIS PLANT'S FUNCTION Commercial Mone Facrlils (E'ara.fuue Sue) FEDERAL TAX I.H. NO. 841360967 A. GENERAL 1NFORMATIUN Normal Operation of This Source Process Seasonal Through tit 1`4 of Annuaii A1111,1 I IONAI. INFORMATION OR REMARKS: Dust control devices (haghouses) for soda ash pretcessiag line. Sceattachment for stack parameters and particulate matter emissions data for each uni[, No. ofrrnploytes 71 (.and Arca 3(14 acres Flours/Day 24 rHours/Year 8.760 Da1sf9+'eck 7 Dec -Feb 225r Marlslay 25r7 Jun -Aug lip Scp.Nov 25% 13. STACK OR VENT INFORMATION (Identify below which sta-k d plan) has two or more: refer to attached sketch 01pinny layout) Height 1 Diameter (See Aita.hr.nti 11 `l (S:c Aus.t..ir,cii SE Temperature Mt) F Flow Rare [SCC 'n.;.h,c.-ri 'WIN \cl.lcity [Moisture Via.• Le.,+t;r.,nti lt'nuo 1 4 Plant ll) Nn Ir,r.St:tck 1.14.1.16 C. FUEL INFORMATION DestgnInput Rate , ill' RTI HR. Kind of Furl Burne.) Annual Fuel Consumption Fuel Heating Value: Per Cent by Weight Seasonal Furl Use )'k of Annual Use) Space Mg Requested level Data year level (RTU(Ih. BTIUcaI. or 13TIPS(F) Sultur Ash Description ofComhustton Unit Dei -Feb Mar -May Jun -Aug Sep -Nov (% Ann.} Not Applicable 25 25 25 15 Make/M11odd: Serial No D. PROCESS 1NFORh1ATION Raw Materials Used Ras Materials -Annual Consumption Design Process Rate F noshed Product Finished Product -Annual Output ' Description of Processing Unit Descr pt,•n Requested level Data sear ley el ISpeei1v (inn)/'- OUrl Description Requested level 1,004.000 tons/yr Data year level I IX)4.(XX) tons/yr DSA Pruduit (-OM c).+r. )bulk DSA L,adoui Bin .,oda ;i.h 1 [15(41 KM) Inn J r L004•O(l IDA -'\r 1 10)) t,ui+Rrr soda ash 51.1Le.Mtrdel unknown Serial No : unknown LE POLLUTION CONTROL EQUIPMENT Overall ESTIMATED EMISSIONS ACTUAL. ESTIMATION CHECK ALL BOXES THAT APPLY Pnllut.rui T)pc o! Cant of liyuirmcnt C.ul..ctron Ialtiieo-.; (TONS/YE,ARi AT THROUGHPUTS RI2.(21.11iST1 D BOVE E s11SSIONS (DAT .\ YI:Aki METHOD El New or pre, loud). unreported source' 0 Re.iii_,tmg u,,ahlie.uion is e i�[Ing porion • is Prima,. Secondary i ' ❑ Change in emissions. lltt tu5hputs or equipment; PArticuLuc hat house Pone bs7 ;0 )Sc -{Ser .A itachmcnn iSce yu...hm, r.0 vc odor Transfer o1 awnership PM,,, haghouse None 947- Sc.c .a i. t mcnii jSec Auashmrnq vendor ilial pros nius awner in REMARKS scciion of box A-) 0 Previous APEN is expiring; SO, None None 0 0 1) 0 Request for Emission Reduction Crediit+ NO, None None o 0 0 ❑(Specify) VOC None None 0 0 (1 Complete all applicable portions of APEN ` Complete "Requested Level" for limits CO None None 0 t n values permit $ Complete all inhumation above box A, and those remaining PLEASE USE APCD NON -CRITERIA REPORTABLE AIR POLLUTANT ADDENDUM FORM TO REPORT SUCH POLI-IrTANTS OR POLLUTANTS NOT LISTED ABOVE. ■ CHECK HERE IF YOU WISH THE DIVISION TO CALCULATE. YOUR E'IIS.IONs. SEE "EMISSION ESTIMATES- INSTRUCTIONS ON Is ACK. portions which reflect changes Signature of Person Legally Authorized w Supply Data: ' /�/ ' f t DAj /�‘77'1------- / DATA YEAR (See Instructions on Reverse): 200(} ! l �C f7 Typed Nam,: and Title: }.art R Niel+en. ((cogs) Manager /�' Date source began or %vitt hcgin operation: 1w�' r G�'l 1 September 15- 2060 THIS NOTICE IS VALID FOR FIVE YEARS. A revised Holier st{II be fled prior to this expiration date, whenever a permit limitation mus* be modified, whenever gambol equipment is changed, and aoarutty nhe a significant emission change occurs For specific details see Regulation 3. Part A. IE11.C.1• $100 FII,f N FEE IS REQUIRED FOR EACH NOTICE FILED. Send coin 'clod forms with fees to: Colorado Dept. of Public Health Sc Environment APEN #_7_ OF_9_ fir Pollution Control Division 431K1 Cherry Creek Drive South, APCD-SS-B l Denver. Colorado 80246-1530 For Information, Calk (303)692-3150 ATTACHMENT TO APEN # 7 Throughput (tons/yr): 1,004,000 (each unit) B. STACK OR VENT INFORMATION Stack Height (ft) Diameter (ft) Temperature (°F) Flow Rate (ACFM) Velocity (ft/min) Moisture (%) L14 25 1.8 80 8,400 3,492 1.4 L16 55 1.5 80 6,700 3,791 1.4 ESTIMATED EMISSIONS (TONS/YEAR) AT THROUGHPUTS REQUESTED ABOVE ACTUAL. EMISSIONS (DATA YEAR) Stack Controlled Uncontrolled L14 2.5 2,610.4 2.5 L16 2.0 2,610.4 2.0 AP'E' Attachments ArEN7A APEN#7of9 AIR POLLUTANT EMISSION NOTICE FIRM N:1,\1I; 1 1 1_ 11-\li.:\Dl)It1:SS 1' (l l3s,c '070 Glcrru „1 4t nub. PLAN r NAM: & LOCATION -\ :In itisrthwect of Patalllile. Colorado PERMIT NO.: AIRS ID.: STA 11:: CO ZIP: 8L6(12 COUNTY: Garfield HOME -BASE FOR PORTAAIA. SOURCES Not Applicable PERSON TO CONTACT REGARDING THIS INFORMATION Kurt R Nlrlscn TITI_r. General Manner GENERAL DESCRIPTION OF THIS PLANTS FUNCTION Commerciat Mine Factl0. (Parachute Silt) PHONE (97111928-98366 FEDERAL TAX I.D. NO. 841360967 A. GENERAL INFORMATION No. of irnployees 71 Normal Operation of This Sourer Process Seasonal Through u( •5 01 Annual) 1 and Area 304 acres Hours/L)ay. 24 Hours/Year 8.760 Das s/06 7 Dec -Feb 250 Mar -May 25 Jun -Aug 25% Sep -Nov 25% AUhWTWON XL INF "ORNIA"TION OR REMARKS: 8. STACK OR VENT INFORMATION Odom( below which stack if •)ant has rho or more, reser to atrachtd sketch of .)ant Ia out) C. FUEL INFORMATION Descnpnon of Combustion Unit Uesiinlnput Rate ATI. lik Kind of Fuel [tuned Annual Fuel Consumption ke,lucsted level I):ua year Ie%el Fuel Heating Value: ATCIAh. ATI 7gal. or IITt t/.5('1 t Per Cent by Weight Seasonal Fuel Use (1' of Annual Use) Su11ur Ash Dec -1 eh Mar -May Jun -Aug Sep -Nov Space Htg (r% Ann.) Not \pp li.ahlc 25 25 25 25 llalefllodel Serial No unknoun U_ PROCESS INFORMATION Raw Materials Used Rsu Materials -Annual Consumption Design Process Rate Description of Processine Unit Deicer prion Cool; n>: TO. ee 'Ix rl,in IE.) Requested level Data year Icvel 1.),411\ 10, gallyr 1 .i44I' 11) • gash r (Specify Units/Hours E-mished Product Description Finished Product -Annual (Ju put Requested level Data year level 2111,0(10 11ak,.: 1odel. unknoun Serial No.: unknoun E. POLLUTION CONTROL EQUIPMENT Pollutant Type of Cont 01 l:quipniem nmar, Secondary O'era)I ( Iiency ESTIMATED EMISSIONS (TONS/YEAR AT THROUGHPUTS RE:QULST1 D ABOVE ("ONTROI I FI) 1 t iNCONTRO1 1 F1; ACTU.\1. FMISSI )NS (DATA YEAR) ESTIMATION NEiTHOD Particulate Mont None 111; 2 2 2 ' AP --1' PN1in None None 11`? 2 2 2 2 AP -42 SO. None None (1 (1 NO, None None 0 1 I VOC None None 0 CO None None 0 0 PLEASE USE APCD NON -CRITERIA REPORTABLE AIR POLLUTANT ADDENDLIN FORM TO REPORT SUCH POLLLTFANTS OR POLLUTANTS NOT LISTED :ABOVE. Signature of Person Legally Authorized to Supply Data: Typed Name and Tale: Kiat R i lel sett, General Manager ❑ CHECK HERE: IF YOU WISH THE DIVISION TO CALCULATE YOIIK EMISSl{)NS.SEE -EMISSION ESTIMATES" iNS'rRti(TIONS ON BX(:I:. THIS NOTICE IS VALID FOR FIVE YEARS. A revised ntftice shall he filed prior to this expiration date, whenever a permit limitation must be modified, whenever control equipment is changed. and annually whenever a significant emission change occurs. For specific details see Regulation 3, Part A, II.C.1. D?.T /,/c (. A $IOO FILING FEE IS REQUIRED FOR EACH NOTICE FILED. Send completed firms with fees lo: CHECK ALL BOXES THAT APPLY El Nev. or pre, hush' unreported source• O kcquc>(u:z m,1,IIiI.,ltinn of exioing penitu ❑ Change in emissions. throughputs Or equipment ❑ Transfer of ownership (List pros nuo owner in REMARKS section of bon ,\.1 : ❑ Previous APEN is expiring): ❑ Rci;ora for Emission Redurriun Credit t$ ❑(Sped)}! • Complete all ,applicable portions of AI'LN Complete "Requested 1.cyel" values for pennil limits # Complete all information above box A. and those remaining portions which reflect changes DATA YEAR (See Instructions on Reverse): 200( Date source began or will begin operation: September 15. 2010 Colorado Dept. of Public Health & Environment APEN # 8 OF 9 Air Pollution Control Division 33(10 Cherry Creek Drive South, APCD-SS-13 I Denver, Colorado 80246-1530 For Information, Call (303)692-3150 Colorado Department of Public Health & Environment Air Pollution Control Division PERMIT NO. AIR POLLUTANT EMISSION NOTICE (APEN) AND CONTROL PLAN FOR FUGITIVE PARTICULATE EMISSIONS Name of Firm American Soda, L.L.P. Mail Address P.O. Box 2070; Glenwood Springs Zip Code 81602 Contact Person Kurt R. Nielsen Phone No. (970) 928-9866 Project Location 3 miles northwest of Parachute County Garfield UTM Coordinates (if known) 750.5 Easting , 4373.4 Northing Description of Activity Underground solution mining operation Federal Tax Identification Number 8 4 - 1 3 6 0 9 6 7 No. of Employees 71 Property Area 304 Acres Seasonal Throughput (% of Annual): Dec -Feb 25 , Mar -May 25 . Jun -Aug 25 o Sep -Nov 25 % Estimated Starting Date May 1, 1999 Estimated Date of Completion September 15, 2030 Work Schedule: 24 hours/day, 7 days/week, 52 weeks/year Estimated Maximum Annual Production N/A* tons/yr. (This production rate will be a permit limitation, increases in this rate will require a permit modification.) * Production from the solution mining operations will be a brine containing dissolved nahcolite that will not directly create any fugitive emissions. Material produced (circle one) Rock, Coal, Other •1 Signature of Person Authorized to Supply Data Typed or Printed Name and Title '•'urt R. Nie,2'en, General Manager Date i1/ / • \ Company Name American Soda, L.L.P. Telephone No. (303) 928-9866 Mailing Address P.O. Box 2070 Glenwood Spring, Colorado 81602 A site diagram should also be submitted showing the general configuration of operation, and location of site including property boundaries. D Check here if you want the Division to calculate_ our emissions Pollutant Emission Estimate (tons per year) Controlled Requested Production at Rate Uncontrolled at Requested Production Rate Controlled Actual Production at Rate Particulates 27.2 27.2 27.2 PM,, 5.2 5.2 5.2 1 I. TOPSOIL (Not Applicable) A. REMOVAL Maximum tons removed per day Tons removed per year Proposed controls for topsoil removal: (check appropriate boxes) ❑ Moist Material ❑ Water Spray ❑ Other (specify) ❑ No Control B. TOPSOIL STOCKPILE (Not Applicable) Maximum stored at one time tons. Maximum stored per year tons. Length of time pile remains undisturbed Proposed controls for topsoil stockpile: (check appropriate box) ❑ Watering times/day, or continuous sprinkler (to maintain moist surface). ❑ Chemical stabilizer (Type: ). ❑ Compacting of piles, method ❑ Enclosures: complete, or partial (check one) ❑ Revegetation, (Length of time till revegetation ). ❑ Other (specify) ❑ No control IS. OVERBURDEN (Not Applicable) A. REMOVAL Maximum tons removed per day Maximum tons removed per year Equipment used for removal Proposed controls for overburden removal: (check appropriate boxes) ❑ Moist Material ❑ Water Spray ❑ Other (specify) ❑ No Control 2 B. OVERBURDEN STOCKPILE Maximum stored at one time tons. Length of time pile remains undisturbed Proposed control for overburden stockpile: (check appropriate boxes) ❑ Watering times/day, or continuous sprinkler (to maintain moist surface). ❑ Chemical stabilizer (Type: ). ❑ Compacting of piles, method ❑ Enclosures: complete, or partial (check one) ❑ Revegetation, (Length of time till revegetation ). ❑ Other (specify) ❑ No control C. OVERBURDEN REPLACEMENT Maximum tons replaced per day Maximum tons replaced per year Proposed controls for overburden replacement: (check appropriate boxes) ❑ Moist Material ❑ Water Spray ❑ Other (specify) ❑ No Control 3 III. DRILLING (Not Applicable) MATERIAL OVERBURDEN ROCK COAL OTHER No. of holes drilled per day No. of days of drilling per year Hours of drilling per year Proposed controls Controls include: Water injection, chemical dust suppressants, bag collectors, other (specify), no control IV. BLASTING (Not Applicable) MATERIAL OVERBURDEN ROCK COAL OTHER No. of blasts per day No. of blasts per year No. of blasting days per year Proposed controls Is sequential blasting used: ❑ Yes ❑ No (check one) 4 V. RAW MATERIAL (Not Applicable to solution mining) A. REMOVAL MATERIAL ROCK ROCK COAL OTHER Tons removed per year Length of time pile remains undisturbed Maximum tons removed per day Equipment used for removal Equipment capacity (in tons) Est. hours per year required for removal Material silt content if known 'Specify moisture content if known (%) B. L ADING IN TO RAW MATERIAL STOCKPILE Method of loading in (truck bottom dump, front-end loader, etc.) Loading schedule: tons/hour hours/day days/year Proposed controls for loading to stockpile: Controls include: no control, water sprays, total enclosure, partial enclosure, chemical suppressants, reduced drop height, telescoping chute, other (specify) C. RAW MATERIAL STOCKPILE MATERIAL ROCK COAL OTHER Maximum tons stored at any one time Length of time pile remains undisturbed Proposed controls for raw material stockpile: (check appropriate boxes) ❑ Watering times/day, or continuous sprinkler (to maintain moist surface). ❑ Chemical stabilizer (Type: ). ❑ Compacting of piles, method ❑ Enclosures: complete, or partial (check one) ❑ Other (specify) ❑ No control 5 D. LOADING OUT FROM RAW MATERIAL STOCKPILE: Method of loading out (front-end loader, conveyor, etc.) Loading schedule: tons/hour hours/day days/year Proposed controls for loading to stockpile: Controls include: no control, water sprays, total exposure, partial exposure, moist material, other (specify) VI. PROCESSING Will processing Yes (Not Applicable) (i.e., crushing, screening, et x No (check one) c.) occur on site? NOTE: ALL PROCESS EQUIPMENT REQUIRES A SEPARATE PERMIT APPLICATION AND APEN (SEPARATE FORM IS ATTACHED AT END OF THS FORM - MAKE ADDITIONAL COPIES AS NEEDED). Material loaded into processing equipment by: Conveyor Front end loader Other CONTROLS FOR PROCESSING INCLUDE: Moist or wet materials (specify moisture % if known), water spray bars, bag filters, other (specify), no control. If existing processing equipment will be relocated from another location complete the following sections. This equipment must already be permitted. (LIST PROCESSING CONTROLS IN THE APPROPRIATE SPACES BELOW A. PRIMARY CRUSHING Maximum tons crushed per year tons. Maximum tons crushed per hour tons. Hours of crushing per day hours. Proposed controls (see above) B. SCREENING/CLASSIFYING Maximum tons screened per year tons. Maximum tons screened per hour tons. Hours of screening per day hours. Proposed controls (see above) C. SECONDARY CRUSHING Maximum tons crushed per year tons. Maximum tons crushed per hour tons. Hours of crushing per day hours. Proposed controls (see above) 6 D. RESCREENING/CLASSIFYING Maximum tons screened per year tons. Maximum tons screened per hour tons. Hours of rescreening per day hours. Proposed controls (see above) VII. CONVEYORS/TRANSFER POINTS (Not Applicable) A. CONVEYORS Tons of material conveyed per year tons. Tons of material conveyod per day tons. Proposed controls Controls for conveyors include: Full enclosure, partial enclosure, no control, other (specify) (INDICATE ON A SEPARATE DIAGRAM HOW COrVEYOR SYSTEM IS SET UP) B. TRANSFER POINTS Number of transfer points Material moisture content (if known) Proposed controls Controls for transfer points include: Full enclosure, partial enclosure, water sprays, chemical suppressants, no controls, other (specify) 7 VIII. FINISHED PRODUCT (Not Applicable) A. LOADING INTO FINISHED PRODUCT STOCKPILE Method of loading in (front-end loader, conveyor, etc.) If conveyor is used, what is maximum drop height? ft. Loading schedule: tons/hour hours/day days/year Proposed controls Controls for loading to stockpile include : other (specify), no control water sprays, total enclosure, partial enclosure, chemical suppressants, reduced drop height, telescoping chute B. FINISHED PRODUCT STOCKPILE Maximum tons stored at one time tons. Length of time pile remains undisturbed Proposed controls: (check appropriate boxes) ❑ Watering times/day, or continuous sprinkler (to maintain moist surface). ❑ Chemical stabilizer (applied according to manufacturer's specifications). ❑ Compacting of piles, method ❑ Enclosures: complete, or partial (check one) ❑ Revegetation, (length of time till revegetation ) ❑ Other (specify) ❑ No control C. LOADING OUT FROM STOCKPILE FOR FINAL TRANSPORT Method of loading out (front-end loader, conveyor, etc.) If conveyor is used, what is maximum drop height? ft. Loading schedule: tons/hour hours/day days/year Proposed controls Controls for loading out of stockpile include : Water injection, chemical dust suppressants, bag collectors, other (specify), no control water sprays, total enclosure, partial enclosure, chemical suppresants, reduced drop height, telescoping chute. 8 IX. VEHICLE HAUL ROADS CONTROL OPTIONS FOR VEHICLE HAUL ROADS (DO NOT WRITE IN THIS SECTION) 1. Watering (specify) times/day, to maintain moist surface. 2. Chemical stabilization (according to manufacturer's specifications) Specify: a. Frequency of application and b. Type of stabilizer (brand name, or composition) 3. Paving to be completed by (date). 4. Gravel (LIST HAUL ROAD CONTROLS IN THE APPROPRIATE SPACES BELOW) A. TRANSPORT OF RAW MATERIAL FROM REMOVAL SITE TO STOCKPILE (Not Applicable) Distance (one way) If stockpile is off site, give distance from removal site to mine entrance Haul vehicle capacity No. of wheels Average vehicle speed m.p.h. Maximum vehicle speed m.p.h. (cannot exceed 30 m.p.h) No. of trips per day Haul road silt content (if known) o. Road surface silt content (if known) List controls for raw materials transport: see measures listed above) Proposed controls 9 B. FINISHED PRODUCT TRANSPORT (ON SITE) (Not Applicable) 1. Haul Trucks 2. Haul Road Information For Final Transport On site haul roads distance (one way) Haul road silt content (if known) Road surface silt content (if known) List controls for final transport: (see control measures) Proposed controls: C. OTHER ROADS ON-SITE WHAT FOR? CAPACITY EMPTY WEIGHT NQ. OF TRUCKS NO. OF WHEELS NO. OF TRIPS PER/DAY AVG. SPEED ON SITE 1. Yds. None 2. mph 2. Yds. 3. mph 3. Yds. mph 4. Yds. mph 2. Haul Road Information For Final Transport On site haul roads distance (one way) Haul road silt content (if known) Road surface silt content (if known) List controls for final transport: (see control measures) Proposed controls: C. OTHER ROADS ON-SITE WHAT FOR? IS ROAD USED LENGTH OF ROAD? (DISTANCE) FROM TO CONTROLS (SEE PAGE 8) 1. Driving within Parachute Process- ing Plant 1.5 km Points on-site Points on-site None 2. 3. X. TRUCK LOADING (Not Applicable) Maximum tons loaded per day Maximum tons loaded per year Material moisture content (if known) XI. SITE RESTORATION/GRADING (Not Applicable.) Maximum vehicle miles per day Maximum vehicle miles per year Average Veh. speed mph. Maximum Veh. speed mph. Type of control 10 XII. SITE DISTURBANCE (Not Applicable) Estimated total disturbed acreage subject to wind erosion acres Proposed controls: (check appropriate box) ❑ Restrict traffic to established roads where practicable ❑ Minimize area of disturbance (explain) ❑ Revegetation with Time till revegetation ❑ Mulch ❑ Watering times/day, or continuous sprinkler (to maintain moist surface) ❑ Chemical stabilizers ❑ Other (specify) ❑ No control Comments: CONTROL PLAN/APEN Revised 08/98 Mail completed form and $100 filing fee to: COLORADO DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT APCD-SS-B1 4300 Cherry Creek Drive South Denver, Colorado 80246-1530 (303) 692-3150 11 APPLICATION FOR CONSTRUCTION PERMIT OR PERMIT MODIFICATION (previously referred to as EMISSION PERMIT) This application must he tilled out completely except for #14 and #15: otherwise. application will be considered Incomplete SEE INSTRUCTIONS ON REVERSE SIDE. Mail completed application, APENs, and tiling fee to: Colorado Department of Public health and Environment Air Pollution Control Division 4300 Cherry Creek Drive South. APCD-SS-lit Denver, Colorado 80246.1530 Tele rhone: (303)692-3150 1. Prrmit to he issued to: American Soda, L.L.P. 2. thn1in.S ,%ddress: P.O. Bux 2070. Glenwood Springs Slate: C() 7.1 r Code: k 1602 3a. A,'enr Jor $eii,ce lSee No..3 ort rrvrrsrr: Kurt R, Niclscn, (;encral 1;rn;tccr 3h. 1 e kral Tru' h/entifiecnum Neunhr'r: !141 l(0967 4a, G uu retl IVrntere at Rusine'ss. Ci inn,ercial �l,tte Fac,liiv I Plceance S,tc} 4h. SIC (tkIc. 1474 5a. rte Pollution ,1'urrrt e 11rsr-rrlrtaur \;Iteral (i t -fired ltenll.'rs. 1 `;IIUr;tt (+,u -Fired EInericne% G nccalor.1 Dicscl•Fircd E.me:recncv I tri SV,uer Pum . 1 ('astute Tutvcr ih 1hn'.s per vrar somite rrtll n rt'rau'; t(,S ha. �'urrnv l_ueutrnrt rtddrrs's t btclrrdr 1 rrt rritnrt Mop). -22 nu. west-southwest tet 1Mccker. t relur,,du Sectu,ns l5'_'_. 28, 29'rownsh,p ! 4ttud,. Ranee 97 1Vest. Access rs ufl' of Riu Bla,xo (aunty Itre;td j t E'icrancc Gree k Rd) [rl u+InR rnwmhlp;u'd I,IInR, pit dutu n, anJ JN4Jnit hr+w ncat+l win ,r In+tlst�uua I "Ullntl': Rin Hl;lnco 4 h. 117ILl Coorduuies r or kml Zone 12. Test Mine Moiler H. II 730.9 East: 4.424.14 North Commercial Mine. tl3oiler U3) 729,0 East: 4.425.h North 7. ESTIMATED COSTS: 7u. S4mr•re, Proc•rss 1:'gttgnnetit nr Praia(: a it Pnllutiuti ('antral Procedures ur Equipment 7h, ('ulritrll ('u_st. ro Be Dciermincd !1lrrrurort' !'r+st: S Tri Be. 1letcrmmcd 8a. STATUS ❑ Nrw Air PolbiNon Soure 1J IIltulilie'uuon to Prnns:led Sourrr t (7mirol l.ilttryo ien: rolde'd. prorrst rlrrorce. rte . 4: ❑ Trrrrrslrr of Ou-nrrshtp -- 1 rrnrsle'rr`cv1 Nom: - ❑ 1'.sitna¢ Suarr r nrrr perrrltnr'd r/,u lrtr/' 1lrrrr' tri .5'rnarrr .5rro't-ryrl: ❑ Rrrptr'.tooe to hoar o sourer .t 1'r'irnoi,t rl. 1 nrrr j'u rIIb'rta or- f lu:arrlorj.' ilia nest' and r r, fui c onrrrr's4 ❑ R{'f/rtr'Sltnl iN lnrttr tt .lime r .5 lrrrrt'rltrtrl ro 17nrt /or llrt:ar'dnn.s /ter ❑ (Jrlre'r: :4 , 1', Ihupu,t uto,e ReCulatrorr rVrr .i Po/Iul att.t 'ntlY nsttt lle'•r,!lrtiu,,, No. i' t /Ur iii. ln{r slntrces onlvl Projected hates for ("onstrttction ter: 14h. 1lrgtn: \day 1, 4999 4e.. 1:"nr1: tic {tie nhcr I �. 24)01) Projected Source Stariap hate: ?irl. Scpten,hcr 9. !:'rwh,se rhrck to t -over APEN FILING 1•'1:'IiS, t Jm' r4P1:N .thouI I /r tiled /ur alit, e'rntssion pont NO77 , additional proeessut�' Jees rnrut also be ,roil error to,moot Ic.u+onrr_ 2 APF.NS 0' Tlflll.H0 ,cr APEN = S 'UO.{ 4) rm r 1 s , • v 1 ' ' ?V 14, Z LLY ,'t r k1Z.f:D 1'lililllN 11Wf) 4'r nrlrrr rrr 11a. Dare Sil;ned: ial ttllr of /tersun src�rn,i tern l t. Kurt R. Nielsen , Gencrat M naccr 14. DATE Agcncv Use Only RECEIVED 13. Check appropriate hox if you want: a, CI Copv of preliminary analysis conducted bt' Division b. CI To rrvrewa' a draft of the perms( prior to issuance VINI' 1 nr+Y in, (rind UM, l'+,IIJ MUD In Inlr.WEI Ile, Itlllnn nnnn..Ine ill,, S c Rtrew Is. PERMIT NlJMI3ER 1 '.CPtIFOR,4,.S V MCP APPN YI(A AIR POLLUTANT EMISSION NOTICE FIRM NAME insLe,dn Sod:t._lj P MAIL. \DURESS PU Ito 21(70(;kro cod Sintrics PLANT NAME & LOCATION " inifc, est -southwest ai Meeker Color.ido PERMIT NO.: AIRS ID-: / I ST ATI:. CO 'L]P: _iiI60W COUNTY: Rio Blanco HOME -BASE,\ OR PORTABLE SOURCES PERSON TO CONTACT REGARDING THIS L 1 ORAE:\TION Jun R Nielsen TITl.1: General 5lauager PHONE 070028-Q866_ GENERAL DESCRIPTION (1F THIS PLANT'S FUNCTION Commercial Mint Facliu+ Il'i,C.1r1,a Slid FEDERAL TAX 1.1). NO. 841360967 A (ENI: RAI. INFORMATION Normal ( )pera.ion of This Source Process Seasonal Throufhrur 1': ul Annual) NoorEmpioy tis 55 Land Area 4.0(44 acres Hours'Day 74 Hours/1 tar (4.76(17 11,1),;./Week Dec-Feh Mar -May tun -Aug f Sep -Nov 25: ^5 25(-+ j 25' AltirITIONAI, INFORMATION OR REMARKS: B. STACK OR VENT INFORMATION (IJenIOy below which stack it plant has Iwo or more. refer to attached sketch or lane layout) Height 40 0 Diameter 5.5 (1 Temperature 350 Flow Rate 1051(61 AC(7 1 Veleltc 4 4'4 I('rn111 Moisture Plant 11) No for Stack Lia and LI4 C. FUEL INFORMATION Descnpttcn of Coni' or I, 1 nn Desrgnlnpul Kind of Fuel Rale Burned lr; 13T(. (iR Annual Fuel Consumption Requested lever -1).1u )earIC+el Fuel Heating 3, aloe: Per (eni by Werehl Stas( nal Fuel Use (.% of Annual Usel (BTU/lb ESTI '!.•ai..,r Sulfur Adi Der -1 -eh Mar -5b) tun -Aug Sep -Nov 11111rSCl:i Space Nig {7 Ann.) 21.... -NO, Hollers 5174 Nawr.a (.o 1444. 10 .Li 4.444. 10.-.;I I-11_210(41' ,:l 25 25 25 25 Make/Model. unknoµn Serial No unkno. n D PROCESS INFORMATION Dcscriputan of Pr esunc Unit Raw Marginals Used Rase Materials -Annual Consumpunn Design Process Rate Description Rcquesied k+el Dara year level (Specttc LlnilaHoun I -unshed Product Description finished Produce -Annual Ou put Requested level Data year level No( AFT'', able M.4 e. Slo4el Serial No.: !i. POLLUTION CONTROI. EQUIPMENT 1'oltul.olt Type off Control l:giupniora l'rnnar. Second if Oserail 1 1.111(.1c14.5 ESTIMATED EMISSIONS {TONS/YEARI:\T THROCGE11'1 TS RFQULs01) \ItOVL i - 1 ACTUAI. E MISSIONS DAT\ 1'I.AR, ESTIMATI( N II Tllf)Il Pan)cul.11c Nene Nene 11 17 11 17 (1 ✓ endor PM,,, Noor None O: 17(1 170 Vendor SO, None None (Ir 3 13 St o, B:11an;e NO None Nome (I 113.3 113 3 ✓ end,'" VOC None Noire (Ir, L22_ 2 11 i AP_41 CO Noire None (1`: 32_1.5 321 5 Vendor PLEASE USE APCD NON -CRITERIA REPORTABLE AIR POLLUTANT ADDENDA\ FORM TO REPORT SUCH I'CILL IflANTS OR POL.LITANTS NOT LISTED AB(WE. ❑ CHECK EIE:RE: IF YOU WISH THE DIVISION TO CALCULATE: SOUR ESIISSIONS. SEE "F.AIISSION ESTIMATES- INSTRI ('TIONS ON BACK. CHECK ALL BOXES THAT APPLY ❑x tit:. a1 prc.u'iOI\ unrep,:rtcl source` ❑ Requv.uug inodiilcaunn of rxi.ung perum ❑ Change 1n missions. ihrorrifliputs or equipment; O Transkr or n.. ncr hip Ii.is1 pies loos o..ncr 111 RLh1:\RKS section of box A.1i CI Pres wus APEN 1s expinng} ❑ Reyursl for Emission RCJucuon Credi1tT ❑ (tipc1 1I5 ( (unpick: apply:A-110 portion:, of APEN Complete "Requested Level- values for pemiil litnus Complete ail infomlaIIon above box A. and those remaining portions which reflect changes Signature 01 Person Legally Authorized to Supply Data: l / Typed NamC :Ind Tick. Kart R Nicker),. (1.:1-(1 51.,11age'r l) [Z , �s- DATA YEAR (See Instructions on Reverse):1000 Date source began or wiIl begin operation: September 15. 2(100 THIS NOTICE IS VALID FOR FIVE YEARS. A rein d notice shall he filed prior to this expiration date. whenever a permit limitation must he modified. whenever control equipment is changed. and annually whenever a significant emission change occurs. For specific details see Regulation 3. fart A. II.C.1. A $100 FILING FEE IS REQUIRED FOR EACH ,N()TICE FILED. Send C.>1npleteJ forms ss ids fees to: Colorado Dept of Public Health & Environment APEN #I_ OF_2_ 'Sir Pollution Control Division 431)(1 Cherry Creek Drive South, APCD-SS-B 1 Den.er. Colorado 80246-1530 For Information. Call (303)692-3150 NON -CRITERIA REPORTABLE AIR POLLUTANT EMISSION NOTICE ADDENDUM FORM * (instructions on reverse side) FIRM NAME: American Soda, L.L.Y. PROCESS DESCRIPTION: 2 boilers, units U3 and U4 (25S.7-MMMBtu/hr each) Distance to nearest Itroltcrty line from stack (or release point):'>I.(4() feet Stack height (or release point height)! 41) feet Chemical Abstract Service Number Chemical Name Reporting Bun Control Equipment/ Efficiency Emission Factor (include units} Emission Factor Source Requested Emrssiuru Obs/yr) Data Year Actual Emissions (Ihs/vr) 51100O Formaldehyde \ None 7 5.x 11) IhiNININ,:f AP -42 (3/18). Tables 1.4-3 333 333 110543 Hexane C None 1 81h0.11‘1.Jf AP -42 (3(98). Tables 1.4-3 7,999 7.9911 a i f Use this form for reporting Hazardous Air Pollutants. Ozone Depleting Compounds. and other Nun-Cnieria Reportable Pollutant THIS FORNI IS AN ADDENDUM TO APEN # E i,APPLIC -PLEASE FILL IN APEN tt IN THE LOWER RIGHT HAND CORNER OF APEN AND IN THE SPACE ABOVE) signature:2/%�l AO"-- Date: / ❑ I would like the Division to calculate emissions of Non -Criteria Reportable Air Pollutants based on the production/consumption information listed on the APEN form. i;1CPUFORMS.98AWCRP_ADD.98A Colorado Department of Public Health & Environment Air Pollution Control Division PERMIT NO. AIR POLLUTANT EMISSION NOTICE (APEN) AND CONTROL PLAN FOR FUGITIVE PARTICULATE EMISSIONS Name of Firm American Soda, L.L.P. Mail Address P.O. Box 2070; Glenwood Springs Zip Code 81602 Contact Person Kurt R. Nielsen Phone No. (970) 928-9866 Project Location 22 miles west-southwest Meeker County Rio Blanco UTM Coordinates (if known) 729.0 Easting , 4425 .6 Northing Description of Activity Underground solution mining operation Federal Tax Identification Number 8 4 - 1 3 6 0 9 6 7 No. of Employees 55 Property Area 4,084 Acres Seasonal Throughput (% of Annual): Dec -Feb 25 % Mar -May 25 o Jun -Aug 25 o Sep -Nov 25 95 Estimated Starting Date May_l, 1999 Estimated Date of Completion September 15, 2030 - Work Schedule: 24 hours/day, 7 days/week, 52 weeks/year Estimated Maximum Annual Production NJA* tons/yr. (This production rate will be a permit limitation, increases in this rate will require a permit modification.) * Production from the solution mining operations will be a brine containing dissolved nahcolite that will not directly create any fugitive emissions. Material produced (circle one) Rock, Coal, Other, Signature of Person Authorized to Supply Data Typed or Pri ted Name and TitleKurt R. Niel . -n, General Manager Z Date ; 7/ cig Company Name ljmerican Soda, L.L.P. Telephone No. (303) 928-9866 Mailing Address P.O. Box 2070 Glenwood Spring, Colorado 81602 A site diagram should also be submitted showing the general configuration of operation, and location of site including property boundaries. 0 Check here ifyou want the Division to calculate your emissions Pollutant Emission Estimate (tons per year) Controlled Requested Production at Rate Uncontrolled at Requested Production Rate Controlled Actual Production at Rate Particulates 3.1 6.2 3.1 PM" 0.9 1.8 0.9 1 I. TOPSOIL (Not Applicable) A. REMOVAL Maximum tons removed per day Tons removed per year Proposed controls for topsoil removal: (check appropriate boxes) ❑ Moist Material ❑ Water Spray ❑ Other (specify) ❑ No Control B. TOPSOIL STOCKPILE (Not Applicable) Maximum stored at one time tons. Maximum stored per year tons. Length of time pile remains undisturbed Proposed controls for topsoil stockpile: (check appropriate box) ❑ Watering times/day, or continuous sprinkler (to maintain moist surface). ❑ Chemical stabilizer (Type: ). ❑ Compacting of piles, method ❑ Enclosures: complete, or partial (check one) ❑ Revegetatiori, (Length of time till revegetation ). ❑ Other (specify) ❑ No control II. OVERBURDEN (Not Applicable) A. REMOVAL Maximum tons removed per day Maximum tons removed per year Equipment used for removal Proposed controls for overburden removal: (check appropriate boxes) ❑ Moist Material ❑ Water Spray ❑ Other (specify) ❑ No Control 2 B. OVERBURDEN STOCKPILE Maximum stored at one time tons. Length of time pile remains undisturbed Proposed control for overburden stockpile: (check appropriate boxes) Watering times/day, moist surface) . Chemical stabilizer Compacting of piles, Enclosures: or continuous sprinkler (to maintain (Type: method complete, or partial (check Revegetation, (Length of time till revegetation Other (specify) No control one) ). C. OVERBURDEN REPLACEMENT Maximum tons replaced Maximum tons replaced Proposed controls for per day per year overburden replacement: (check appropriate boxes) ❑ Moist Material ❑ Water Spray ❑ Other (specify) ❑ No Control 3 ISI. DRILLING (Not Applicable) MATERIAL OVERBURDEN ROCK COAL r OTHER No. of holes drilled per day No. of days of drilling per year No. of blasts per year Hours of drilling per year No. of blasting days per year Proposed controls Proposed controls Controls include: water injection, chemical dust suppressants, bag collectors, other (specify), no control IV. BLASTING (Not Applicable) MATERIAL OVERBURDEN ROCK COAL OTHER No, of blasts per day No. of blasts per year No. of blasting days per year Proposed controls — Yes ❑ No (check one) Is sequential blasting used: II 4 V. RAW MATERIAL (Not applicable - solution mining is a wet process) A. REMOVAL MATERIAL ROCK COAL OTHER Tons removed per year Maximum tons removed per day Equipment used for removal Equipment capacity (in tons) Est. hours per year required for removal Material silt content if known Specify moisture content if known (%) B. LOADING IN TO RAW MATERIAL STOCKPILE Method of loading in (truck bottom dump, front-end loader, etc.) Loading schedule: tons/hour hours/day days/year Proposed controls for loading to stockpile: Controls include: no control, water sprays, total enclosure, partial enclosure, chemical suppressants, reduced drop height, telescoping chute, other (specify) C. RAW MATERIAL STOCKPILE MATERIAL ROCK COAL OTHER Maximum tons stored at any one time Length of time pile remains undisturbed Proposed controls for raw material stockpile: (check appropriate boxes) ❑ Watering times/day, or continuous sprinkler (to maintain moist surface). ❑ Chemical stabilizer (Type: ). ❑ Compacting of piles, method ❑ Enclosures: complete, or - partial (check one) ❑ Other (specify) ❑ No control 5 D. LOADING OUT FROM RAW MATERIAL STOCKPILE: Method of loading out (front-end loader, conveyor, etc.) Loading schedule: tons/hour hours/day days/year Proposed controls for loading to stockpile: Controls include: no control, water sprays, total exposure, partial exposure, moist material, other (specify) VX. PROCESSING (Not Applicable) Will processing (i.e., crushing, screening, etc.) occur on site? Yes x No (check one) NOTE: ALL PROCESS EQUIPMENT REQUIRES A SEPARATE PERMIT APPLICATION AND APEN (SEPARATE FORM IS ATTACHED AT END OF THS FORM - MAKE ADDITIONAL COPIES AS NEEDED). Material loaded into processing equipment by: Conveyor Front end loader Other CONTROLS FOR PROCESSING INCLUDE: Moist or wet materials (specify moisture % if known), water spray bars, bag filters, other (specify), no control. If existing processing equipment will be relocated from another location complete the following sections. This equipment must already be permitted. (LIST PROCESSING CONTROLS IN THE APPROPRIATE SPACES BELOW) A. PRIMARY CRUSHING Maximum tons crushed per year tons. Maximum tons crushed per hour tons. Hours of crushing per day hours. Proposed controls (see above) B. SCREENINGJCLASSIFYING Maximum tons screened per year tons. Maximum tons screened per hour tons. Hours of screening per day hours. Proposed controls (see above) C. SECONDARY CRUSHING Maximum tons crushed per year tons. Maximum tons crushed per hour tons. Hours of crushing per day hours. Proposed controls (see above) 6 D. RESCREENING/CLASSIFYING Maximum tons screened per year tons. Maximum tons screened per hour tons. Hours of rescreening per day hours. Proposed controls (see above) VII. CONVEYORS/TRANSFER POINTS (Not Applicable - material transported via pipeline) A. CONVEYORS Tons of material conveyed per year Tons of material conveyod per day Proposed controls Controls for conveyors include: Full enclosure, partial enclosure, no control, other (specify) tons. tons. (INDICATE ON A SEPARATE DIAGRAM HOW CONVEYOR SYSTEM IS SET UP) B. TRANSFER POINTS Number of transfer points Material moisture content (if known) Proposed controls Controls for transfer points include: Full enclosure, partial enclosure, water sprays, chemical suppressants, no controls, other (specify) 7 VIII. FINISHED PRODUCT (Not Applicable) A. LOADING INTO FINISHED PRODUCT STOCKPILE Method of loading in (front-end loader, conveyor, etc.) If conveyor is used, what is maximum drop height? ft. Loading schedule: tons/hour hours/day days/year Proposed controls Controls for loading to stockpile include : other (specify), no control water sprays, total enclosure, partial enclosure, chemical suppressants, reduced drop height, telescoping chute B. FINISHED PRODUCT STOCKPILE Maximum tons stored at one time tons. Length of time pile remains undisturbed Proposed controls: (check appropriate boxes) ❑ Watering times/day, or continuous sprinkler (to maintain moist surface). ❑ Chemical stabilizer (applied according to manufacturer's specifications). ❑ Compacting of piles, method ❑ Enclosures: complete, or partial (check one) ❑ Revegetation, (length of time till revegetation ❑ Other (specify) ❑ No control C. LOADING OUT FROM STOCKPILE FOR FINAL TRANSPORT Method of loading out (front-end loader, conveyor, etc.) If conveyor is used, what is maximum drop height? ft. Loading schedule: tons/hour hours/day days/year Proposed controls Controls for loading out of stockpile include : Water injection, chemical dust suppressants, bag collectors, other (specify), no control water sprays, total enclosure, partial enclosure, chemical suppresants, reduced drop height, telescoping chute. 8 IX. VEHICLE HAUL ROADS CONTROL OPTIONS FOR VEHICLE HAUL ROADS (DO NOT WRITE IN THIS SECTION) • Watering (specify) times/day, to maintain moist surface. • Chemical stabilization (according to manufacturer's specifications) Specify: a. Frequency of application and b. Type of stabilizer (brand name, or composition) . Paving to be completed by (date). . Gravel (LIST HAUL ROAD CONTROLS IN THE APPROPRIATE SPACES BELOW) A. TRANSPORT OF RAW MATERIAL FROM REMQVAL SITE TO STOCKPILE (Not Applicable) Distance (one way) If stockpile is off site, give distance from removal site to mine entrance Haul vehicle capacity No. of wheels Average vehicle speed m.p.h. Maximum vehicle speed m.p.h. (cannot exceed 30 m.p.h) No. of trips per day Haul road silt content (if known) t Road surface silt content (if known) List controls for raw materials transport: (see measures listed above) Proposed controls _ 9 B. FINISHED PRODUCT TRANSPORT (ON SITE) (Not Applicable) 1. Haul Trucks 2. Haul Road Information For Final Transport On site haul roads distance (one way) Haul road silt content (if known) Road surface silt content (if known) List controls for final transport: (see control measures) Proposed controls: C. OTHER ROADS ON-SITE WHAT IS ROAD USED FOR? CAPACITY EMPTY WEIGHT NO. OF TRUCKS NO. OF WHEELS NO. OF TRIPS PER/DAY AVG. SPEED ON SITE 1. Yds. 2. mph 2. Yds. mph 3. Yds. mph 4. Yds. mph 2. Haul Road Information For Final Transport On site haul roads distance (one way) Haul road silt content (if known) Road surface silt content (if known) List controls for final transport: (see control measures) Proposed controls: C. OTHER ROADS ON-SITE WHAT IS ROAD USED FOR? LENGTH OF ROAD? (DISTANCE) FROM TO CONTROLS (SEE PAGE 8) 1. Roads to drill sites % mile Start of unpaved road Drill site Surface watering 2. 3. X. TRUCK LOADING (Not Applicable) Maximum tons loaded per day Maximum tons loaded per year Material moisture content (if known) %. XI. SITE RESTORATION/GRADING (Not Applicable) Maximum vehicle miles per day Maximum vehicle miles per year Average Veh. speed mph. Maximum Veh. speed mph. Type of control 10 XII. SITE DISTURBANCE (Not Applicable) Estimated total disturbed acreage subject to wind erosion acres. Proposed controls: (check appropriate box) ❑ Restrict traffic to established roads where practicable ❑ Minimize area of disturbance (explain) ❑ Revegetation with Time till revegetation ❑ Mulch ❑ Watering times/day, or continuous sprinkler (to maintain moist surface) ❑ Chemical stabilizers ❑ Other (specify) ❑ No control Comments: CONTROL PLAN/APEN Revised 08/98 Mail completed form and $100 filing fee to: COLORADO DEPARTMENT OF PUBLIC HEALTH & ENVIRONMENT APCD-SS-B1 4300 Cherry Creek Drive South Denver, Colorado 80246-1530 (303) 692-3150 11 STATE OF COLORADO Bill Owens, Governor Jane E. Norton, Executive Director (Dedicated to protecting and improving the health and environment of the people of Colorado 4300 Cherry Creek Dr. S. Laboratory and Radiation Services Division Denver, Colorado 80246-1530 8100 Lowry Blvd. Phone (303) 692-2000 Denver CO 80230-6928 TDD Line (303) 691-7700 (303) 692-3090 Located in Glendale, Colorado http://www.cciphe.state.co. us March 30, 2000 Mr. Christopher Manera, P.E. Colorado River Engineering P.O. Box 1301 Rifle, Colorado 81650 Colorado Department of Public Health and Environment RE: Request for Waiver, Ground -Water Discharge Permit; American Soda, LLP -Yankee Gulch Sodium Minerals Project -Parachute Colorado, Garfield County Dear Mr. Manera: The Water Quality Control Division (Division) received your March 13, 2000 letter with the attached design drawings, general specifications, quality assurance and quality control manuals plus a letter from Colorado Lining certifying to the repairs on Cell #9's liner in Pond #'2. The purpose of your letter with its attachments is to obtain a wavier from permitting requirements for two surface impoundments at the Yankee Gulch Sodium Minerals Project. Both ponds were excavated and lined in August and September of 1999. Pond construction included the placement of six inches of screened bedding material that was compacted using a smooth roll drum compactor. The smooth subgrade was overlaid with the first layer of 60 -mil HDPE liner and anchored in trenches along the perimeter. A geonet was placed over the first layer of HDPE liner. Pond 1 has 5 leak detection pipes installed on top of the first layer of HDPE liner. The leak detection pipes extend to the lowest elevation of the pond bottom, which was graded to create five monitoring cells, numbered 1 through 5. Pond No. 2 was constructed with four monitoring cells, which are numbered 6 through 9. Each cell has a leak detection pipe. The second layer of HDPE liner was placed over the geonet and leak detection pipes. Each layer was visually inspected and was determined to be free from defects. Hydrostatic tests were conducted for each pond after the liner was installed. Monitoring of the ponds leak detection systems during the hydrostatic test confirmed the integrity of the liner and installation. Surface grading was completed to direct drainage away from the ponds. The ponds were fenced and covered with bird netting in November and December of 1999. The attachments to your March 13, 2000 letter also included certifications provided by the lining contractor (Colorado Lining International), the HDPE liner manufacturer (Agru America, Inc.) and the geonet manufacturer (Fluid Systems). Records of soils testing, installation reports, materials testing, as- builts drawings and leak detection monitoring of the liner panel placement are available for inspection at the offices of America Soda LLP located in Parachute, or at Colorado River Engineering, Inc. located in Rifle, Colorado. The HDPE liner is an "impermeable" membrane with a water transmission rate of less than 1.62 x 10-11 centimeters per second (per ASTM E96 for 60 -mil HDPE liner). This seepage rate is less than the rate required by the Division in its regulations, in order to receive a discharge permit waiver. Mr. Christopher Manera, P.E. American Soda LLP, Yankee Gulch Sodium Minerals Project March 30, 2000 Page 2 In consideration of the American Soda LLP's two surface impoundments meeting the requirements found in 6.14.(9) of the "Colorado Discharge Permit System Regulations", the Division waives the requirement for them to obtain ground -water discharge permit for the two surface impoundments at the Yankee Gulch Sodium Minerals Project. The waiver is granted as long as the liners are in place and their integrity is intact. The integrity of each liner is to be maintained for the life of the impoundment. American Soda LLP is responsible to ensure that no incompatible material is placed in either surface impoundment, which would lessen the life of the liner or destroy the liner's integrity. American Soda LLP is responsible to ensure that proper operation and maintenance procedures are performed for each liner during the life expectancy of both liners. If the Division discovers that an incompatible material has been placed in either impoundment, or that proper operation and maintenance procedures for the specific type of liner have not been followed, it may require a water balance or other additional testing to demonstrate that seepage does not exceed the allowable seepage rate. Failure by American Soda LLP to conduct such testing or failure of the pond's liner to meet the permeability seepage rate will be grounds for the Division to require a ground -water discharge permit for discharge from either one or both surface impoundments. If there is a change in ownership of the evaporation ponds during the life of the liners, please inform the Division to ensure that the proper owner is on file with the Division. Please do not hesitate to call me at 303+692-3588, if you have questions pertaining to the waiver or to the regulations for ground -water discharge permit. ineerely, Mic ael J. L Permit Unit Water Quality Control Division Colorado Department of Public Health and Environment cc: Dave Akers, Section Chief, Water Quality Protection Section, WQCD Susan Nachtrieb, Unit Leader, WQCD Dwain Watson, D.E., West Slope Field Office of the Technical Services Unit; WQCD Mr. Mark Bean, Garfield County Pat Kowaleski, Attorney, Attorney General's Office Garfield County Health Department STATE OF COLORADO Bill Owens, Governor Jane E. Norton, Executive Director Dedicated to protecting and improving the health and environment of the people of Colorado 4300 Cherry Creek Or. S. Laboratory and Radiation Services Division Denver, Colorado 80216-1530 8100 Lowry 13lvd. Phone 1303) 692-2000 Denver CO 80230-6928 TDD Line (303) 691-7700 (303) 692.3090 Located in Glendale, Colorado http://www.cdphe.sta te. co. us March 20, 2000 American Soda LLP Kurt Nielson 2717 County Road 215 Parachute, CO 81635 Colorado Department of Public Health and Environment RE: Certification, Colorado Wastewater Discharge Permit System: Permit Number: COG -070000, Facility Number: COG -071088, Garfield County Dear Mr. Nielson: Enclosed please find a copy of your certification which was issued under the Colorado Water Quality Control Act. You are legally obligated to comply with all terms and conditions of the permit and certifications. Please read the permit and if you have any questions contact this office at 696-3597. Sincerely Maria L. Biberstine, Program Assistant Permits Unit Water Quality Control Division xc: Bruce Kent,Permit Team Environmental Protection Agency (w/1-4) Regional Council of Government (w/1-4) %Local County Health Department (w/1-4) District Engineer (w/1-4) Terrance Williams (w/1-4) PAYMENT IS DUE UPON RECEIPT OF THE PERMIT/CERTIFICATION PLEASE WRITE YOUR PERMIT # ON YOUR CHECK TO ENSURE PROPER CREDIT PERMIT #COG -071088 2 quarters Amount $122.00 Make checks payable to: Colorado Department of Public Health & Environment ASD -AR --B1, 4300 Cherry Creek Drive South Denver, CO 80246-1530 IT IS ESSENTIAL THAT THIS FORM IS MAILED IN WITH YOUR PAYMENT. Permit No. COG -070000 Facility No. COG -071088 Page 1 CERTIFICATION AUTHORIZATION TO DISCHARGE UNDER THE CDPS INDUSTRIAL GENERAL PERMIT FOR CONSTRUCTION DEWATERING OPERATIONS (SIC No: 1629) Category 27, Subcategory 3, General Permits, Current fee $122.00 for 2 quarters per CRS 25-8-502 This permit specifically authorizes, American Soda LLP Kurt Nielson 2717 County Road 215 Parachute, CO 81635 (970) 285-6500 with the facility contact of, Ed Cooley 970-285-0407 to discharge from facilities identified as the Yankee Gulch Sodium project, located in Sections 34 & 35, T6S, R96W, and Sections 2 & 3, T7S, R96W, Garfield County, as shown in figure 1 of the permit, from Discharge Point identified as 001 as shown in figure 2 of the permit and further identified and described in this table, Discharge Point Description Estimated Flow Rate 001 Discharge from the filtration device prior to entering Parachute Creek. Avg. = 75 gpm Max. = 100 gpm The discharge is to Parachute Creek, Segment 4 of the Lower Colorado River Sub -basin, Lower Colorado River Basin, found in Regulation 37. Classifications and Numeric Standards for the Lower Colorado River Basin (5 CCR 1002-37), as amended July 14, 1997. Segment 4 has been classified for the following uses: Recreation, Class 2; Aquatic Life, Class 2 (Warm); Agriculture. Salinity (TDS) monitoring of the discharge will be required. Phosphorus monitoring of the discharge will not be required. Antidegradation review does not apply to this permit. Short term discharge only. Refer to page 4 of the permit for applicable limitations and to page 5 for monitoring requirements. This certification to discharge is effective fort quarters. All correspondence relative to this facility should reference the specific facility number, COG -071088. Effective .MAR 2 0 2000 Expires JAN 3 1 2004 This certification expires on SEP 2 0 2000 Rick Koplitz March 15, 2000 This facility permit contains 18 pages. EMPLOYEE VISITOR ENTRANCE 8 W FIGURE 2 American Soda LLP CONSTRUCTION DEWATERING PROJECT COG -071088 PAGE 18 PARACHUTE CREEK SOURCE 00A00IG 07 G607 Kvaerner Metals awry� 0 May 1999 AMERrCAN SODA, L.L.P. Yankee Gulch Sodium Minerals Project PARACHUTE SITE Garfield County, Colorado Figure 4 Parachute Processing Facility rkpu d DY STEIGERS AMERICAN SODA, LLP Keri Jensen BLIsiness/Controller 2717 County Road 215 Parachute, CO 81635 Friday, November 07, 2003 Mark Bean Garfield County — Director Planning 109 8th Street Glenwood Springs, CO 81606 Phone: 945-8212 Subject: Replacement Bonds Dear Mark, RECEIVED NOV 1 0 2003 GARFIELD COUNTY BUILDING & PLANNING International Telephone +1 (570) 285-6500 General Facsimile (970) 285-6393 B US090.03 Solvay America recently purchased the partnership interests in American Soda, LLP. As a result, all bonds are being replaced. The original bonds are attached. The bonds will remain with Safeco and the only apparent change is the bond number. The bonds related to Garfield County are: Bond Cover: Impact to Co Rd 215 Reclaim related to Pipeline Value $500,000.00 $ 90 000.00 Old No. 6036317 6043990 New No. 6239757 6239756 I am available to answer any questions that you may have. Please contact me at the above number at your convenience. Sincerely, e i Jense Business ager/Controller cc: Charlie Yates Ed Cooley Delivering a Crystal Clear Advantage www. americansoda. corn LICENSE OR PERMIT BOND KNOW ALL BY THESE PRESENTS, That we, American Soda, LLP Houston Texas Bond No. 6239757 Replaces Safeco. Bond #f6036 as Principal, of 3333 Richmond Avenue (Street and Number) and the SAFECO Insurance Company of America (City) {State} , a Washington corporation, as Surety, are held and firmly bound unto Garfield County, CO , as Obligee, in the sum of Five -Hundred Thousand and 00/100 Dollars ($ 500, 000.00 ) for which sum, well and truly to be paid, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals, and dated this 5 day of November , 2003 THE CONDITION OF THIS OBLIGATION IS SUCH, That WHEREAS, the Principal has been or is about to be granted a license or permit to k300WigitANOO' ( cover construction impacts to County Road 215 In Garfield County, Colorado. All obligations of principal under special use permit Issued by Garfield County dated April 6th, 1999 Resolution 99 - by the Obligee. NOW, THEREFORE, if the Principal well and truly comply with applicable local ordinances, and conduct business in conformity therewith, then this obligation to be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER: 1. This bond shall continue in force: Until the Surety OR x , or until the date of expiration of any Continuation Certificate executed by Until canceled as herein provided. 2. This bond may be canceled by the Surety by the sending of notice in writing to the Obligee, stating when, not less than thirty days thereafter, liability hereunder shall terminate as to subsequent acts or omissions of the Principal. American Soda, LLP surance Co ny f Amezica ,41 I Principal Attorney -in -Fact WC-1235/EP 4/94 W I Ills of 1 exas, Inc. One Riverway, Suite 2200 Houston, Texas 77056 (713) O 1-3Rnn PRINTED IN U.SA. Bond No, 6239756 R.epl.-a.c.e.s .Safeco Borid #60439 LICENSE OR PERMIT BOND KNOW ALL BY THESE PRESENTS, That we, Amexican Soda, LLP Houston Texas as Principal, of 3333 Richmond Avenue (Street and Number) and the SAFECO Insurance Company of America (City) (State) , a Washington corporation, as Surety, are held and firmly bound unto Garfield County, Colorado , as Obligee, in the sum of Ninety Thousand and o0/100 Dollars ($ 90, 000.00 ) for which sum, well and truly to be paid, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals, and dated this 5 day of November , 2003 THE CONDITION OF THIS OBLIGATION IS SUCH, That WHEREAS, the Principal has been or is about to be granted a license or permit to AYAMIXWMXISV cover the reclamation costs for that section of American Soda, LLA pipeline located in Garfield County (total length approximately 19 miles) by the Obligee. NOW, THEREFORE, if the Principal well and truly comply with applicable local ordinances, and conduct business in conformity therewith, then this obligation to be void; otherwise to remain in full force and effect. PROVIDED, HOWEVER: 1. This bond shall continue in force: Until , or until the date of expiration of any Continuation Certificate executed by the Surety OR nUntil canceled as herein provided. 2. This bond may be canceled by the Surety by the sending of notice in writing to the Obligee, stating when, not less than thirty days thereafter, liability hereunder shall terminate as to subsequent acts or omissions of the Principal. American Soda, LLP Principal SAFECIns anc�P Coii of mexica• •sem ; PISNIMPA Pamela Prokop `s By torney-in-Fact WC-1235/EP 4/94 VYIIIIS OT I exas, Inc. One Riverway, Suite 2200 Houston, Texas 77056 (713} 961-3800 PRINTED IN U,S.A. 0 .Lu J ctrl boaca .; n.ce1v,,d: 12/ 1/99 13:3i; DEC -01--1999 13:26 LICENSE OR PERMIT BOND 970 928 9863; 919 673 4421 _} W 1 LL 1 A3`1S KNOW ALL BY THESE PRPSENTS, That we, gricarn Soefa_ LP . as Principal, of 2717 countCi 21 (moa rand Null* sir) Pauta .. _ C4 31636 and the 6AFE_QD1NSURANCE COMPANY OF Dec -1-99 14:44; AmIrioon sods; Pape 2 Page 2/3 916 573 4421 P.02/03 5M®co thli~Ce CO*'p JIY of wsktnt.A vti AL f$IUAAMCE COMPANY OF AMERICA Fm$1 NATIONAL 1NSIOU4 C! COMPANY Of AM PICA Nide OfFICE ti.M$Co f Vz► asarrLF, vektui 43TOM ". ettii Bond 6036317 RECEIVED DEC 01 1999 (eke) (State) AMFR. CA aAighkualon bound unto igrfleid Counlyr_ C2 corporation, is Surety, arc held and , as Obligee, in the sum of Fire H_undra►i 7'hnus�ncr {rd Q 11[IO - - _ .. _ _ _ Dollars (S .1110.12111110_ for which sum, well and truly to be paid, we bind cars elves, ow. heirs, executors, administrators, silccessors and assigns, jointly and severally, firmly by those presents. Sealed with our seats, and dated this ?.91n day of November _ , 1999 THE CONDITION OF THIS OBLIGATION IS SUCH, That WHEREAS, the Principal hu boon or is about to be granted a licknse or permit to v Cdntado. ��. ytiats 99—OSS. by the Obligee_ NOW, TI -HEREFORE, if the Principal well and truly comply with applicable local ordinances, surd conduct business in conformity therewith, than this obligation to be void, otherwise to remain in full force and effect. PROVIDED, HOWEVER: . Ibis bond shell continue in force: 0 Unto , or until the date of expiration of any Continuation Certificate executed by the Surety OR '•` Until canceled as herein provided. 2. This bond may bo canceled by the Surety by the sending of notice in writing to rho Obligee, staring when, not less than thirty Jaye thereafter, liability hereunder shall terminate as to subsequent ads or orn Issiolts of the Principal. Arrrerican Soda, LLP Principal SAFECO INSURANCE COMPANY OF AMERICA By Attorneyin-fact -i 3 44611 1JQ9 • Itegisterti tridwrark er SAP CO Carpara . bent By: American Soda; Received: 12/ 1/90 13132; - DEC -01-1999 13:26 BAFINXIts (NOW ALL oY Mat BAMO I Riii Wff CHARLES C. mut PRS1s1sNTS: 970 928 9863; Dec -1-99 14:44; tate 673 4421 . Abler -Loan Bodo; Page 3 W I LL.1 1 POWER OF ATTORNEY Page 3/3 918 573 4421 P.63/03 $AFEC0 Ita�iatAt wY ctr ' yr FwKn.r.. di 1NRA4 tf SWIANCII C01WArrY 0t ANIPICA dates Oe/IC PAP CO PLAZA WATTLE. wail/ w YON eerie INSURANCE COMPANY OF AMJRUCA end Q$NERGENERAL,INSURANCE COMPANY Of AMW ERICA, each a eshinil on 1 YNIP C4YE,' LENDA K. WILLIAMS; LAURIE ZA) INO: LYNN JESSE; GEORGE J. KOLCZUN. JR.; SHANNON; Tulsa. Oklahoma la true and lawful attorneyls —in -fact with full authority to execute on ha behalf 1Ideliy and purity bonds or undertakings and ether iooumenie of a shriller character Issued In the Doors.' of its builnese, end to bind the reepectlw company thereby. N WITNESS WlfstRSOF, RAMO INSURANCE COMPANY OP AMERICA end GENERAL INSURANCE COMPANY OF AMERICA have each ixeauted and attested these presents this , 04 dal, of AU u • t 19 + . CERTIFICATE Extract front the 9y—I„ewi of BAMCO INSURANCE COMPANY OF Am mo* and Of GENOA INSURANCE COMPANY OF AM9RlCA; Article V, Section i3. — FIDELITY AND SURETY PONDS the Preildant, any Vice Pr.eldent, the Sewatuy. and any Aadlitant Viae resident appolMed for that pfirpn.e by he Officer In ehrge of ewsty operedanM. ihep esoh Mae suthority to appoint malt/Wee es norneye—in—foot or under *thy frOtopriate titles with anharlty to execute on behalf of the 00n$anyr fidelity and surety bonds and ,cher documents o1 similar ehMaoter leaded by thein the Course of he busking ... On any M»trument making or .vldenokig uch appointment the signatures mei be affixed by foo nn On any Instrument conferring such authority .or on any bond or undertaking f the company, the sed. or a facsimile thereof, may bo ifipressed or affixed or in any other +nar■ner reproduce* prOvIdsd, however. tat the tel deli not be neoseevy to the validity of any such Instrument or undertaking.' Extract fret a ReroMidon of the Dodd of Directors of SAPICO MURANO! COMPANY OF AMERICA Niel of GENERAL INSURANCE COMPANY OF AMERICA adopted July ZS, 1970. ? n any oerdfloats executed by 1 s Secretary or an assistant tear:toy of the Company slatting out. (1) The provisions Of Article V. Section IS of the By—Lowe. ata NI) A copy of the powerofetton*y appointment. sx0outed pursuant thereto, and Mg Certifying vet said power-of—attorney appein0nent Is in full faro* and effect le signature of the certifying officer moat be by fsoaimmlls, and the peal of the COmpeny they ha a faoafmite thereof'.' R A. Pierson Secretary of $AFLCO INSURANCE COMPANY OF AMERICA and of GENERAL INSI. 1ANCE COMPANY OF AMERICA, o hereby certify that the foregoing extrsots of the Srtreve and of a AesoAelon of eve Board of Directors of these corporations, end f e Power of Attorney issued pursuant thereto, are true and correct. and that both the 9y -Laws, the Resokfti0R end the Power of .nomay are silk in full force and afloat a WITNESS WHEREOF, 1 Puma hereunto sot my hand land affixed the facsimile seat of said corporation this 29th dela of November -MOP 1157 1999 ® Aepiaured 1r.daelrrt of tAFECP Cerporrilon. TOTAL P.03 STATE OF COLORADO } S3. County of Garfield regular At a meeting of the Board of County Commissioners for Garfield County, Colorado, held at tii. Cnurt house iu Clenaaoct Springs on......,, [;iOnd3V 1,2-� dayof Januar" A. D. L9 81 .µ • the there were present: Richard C. Jolley , Commissioner Chairman Larry Velasquez Commissioner Commissioner Arthur A. Abplanal.p, Jr. County Attorney Cheryl J. Koss, Deputy Clerk of the Board when the following proceedings, among others were had and dont, to -wit: RESOLUTION NO. 81-12 RESOLUTION CONCERNED WITH THE CONDITIONAL APPROVAL OF AN APPLICATION FOR SPECIAL USE PERMIT BY UNION OIL COMPANY OF CALIFORNIA. WHEREAS, an application has been submitted by Union Oil Company of California for a special use permit for the purpose of a railroad spur, in accordance with Section 9.03 of the Garfield County Zoning Resolution, on the following described tract of land: Portions of Section 7, Township 7 South, Range 95 West, Sections 1, 2, 3 and 12, Township 7 South, Range 96 West, all of the 6th P.M. WHEREAS, the Board of County Commissioners of Garfield County, Colorado, has reviewed the application, impact statemnt, and sup- porting materials submitted by applicant and received the recommenda- tions of the Garfield County Planning Commission as required by Section 9.03.04 of the Garfield County Zoning Resolution; and WHEREAS, the Board of County Commissioners has conducted a public hearing duly advertised and held in accordance with the re- quirements of Section 9.03.04 of the Garfield County Zoning Resolution regarding the question of whether the requested special use permit should be granted, and, if granted, whether any conditions should be imposed upon such special use permit, and during such hearings received testimony and other evidence from the applicant and interested parties; and WHEREAS, the Board of County Commissioners has considered said application, impact statement, and supporting materials, the recom- mendation of the Garfield County Planning Commission and the testimony and other evidence presented at said public hearing, and based thereon, said Board of County Commissioners hereby makes the following findings in respect to such application, to -wit: 1. That all procedural and notice requirements set forth in the Garfield County Zoning Resolution with respect to special use permit applications have been met and"this proceeding is properly before this Board; 2. That said application end impact statement are complete in all respects except as hereinafter noted, in accordance with the provisions and requirements of Section 5.03.07 and Section 9.03.02 of said resolution, and the applicant has paid the required fee; 3. That the proposed facility and all buildings and structures proposed in connection therewith are in compliance with all applicable zoning, subdivision, building, health and sanitation regulations, except for approval of a special use as required by Section 1.03.03 of the Garfield County Zoning Resolution; 4.. That the Board must, for purposes of analyzing the subject application against the provisions of the Garfield County Zoning Re olution, establish the neighborhood which may be affected by the possible granting or Luc proposea special use permit, and further that the Board has determined that, except as otherwise noted herein, such neighborhood is that area of Garfield County, Colorado, within the drainage of Parachute Creek; 5. That the general character of the neighborhood of the tract proposed to be subject to the special use permit is agricul- tural, with some limited residential and mineral extractive uses, a].1 of which are operated in compliance with all applicable zoning, subdivision, building, Health and sanitation regulations; 6. That landowners adjacent to and in the arca of the subject property and the other citizens of Garfield County have indicate:1 concern regarding the power of applicant to exercise necessary control over subject lands in which those owners have an interest and the affect and impact of the proposed operations on the agricultural and residential nature of the neighborhood, and the zone district within which the proposed operations are to be locatec,; 7. That the impact of the proposed use would require denial thereof, due to impact upon the uses and value of adjoining properties in the neighborhood, unless certain conditions are imposed on the proposed permit to mitigate the impact of such uses; 8. That the impact of the proposed use upon the health, safety and welfare of the population and uses in the neighborhood require the imposition of certain conditions relating to monitoring of wort: force and work force projections and requiring that housing and trans- portation be available for prospective employees; 9. That the imposition of conditions on the requested permit is authorized by Section 5.03.10 of the Garfield County Zoning Resolu- tion and by C.P.S. 1973, 29-20-101, et seq., as amended. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commis- sioners of Garfield County, Colorado Section 1. That the issuance of a special use permit for a rail spur be and hereby is authorized upon the above-described lands, to be issued and effective upon and during compliance with the condi- tions more fully set forth herein. Section 2. That prior to the issuance of the subject special use permit, the following condition shall be satisfied: a. Applicant shall covenant and agree to comply with each provision, condition and restriction set forth in the within Resolutio; Section 3. That the special use permit shall be subject to the following conditions: 4 -Aa. The term "applicant" as used herein shall apply to and bind any person, corporation, associa4ion, or other entity of whatever nature which assumes ownership, responsibility or control over the proposed facility, or any part thereof; b. The operation of the facility shall be in all was consis- tent with the commitments contained in applicant's.applicetion, impar' statement, and supporting materials, unless otherwise specifically instructed or directed by this Board; c. Applicant's compliance with the conditions of this Resolu- tion and any special use permit issued pursuant hereto shall be moni- tored through the Board's review thereof every six months, in accorda with the provisions of Section 9.03.05 of the Garfield County Zoning Resolution; d. That the use of the tract of land comply with a1.1 present and future regulations of Garfield County relating to industrial use! in the - in ihich theYr- C r r1. .... 4. is nr may lato: bc. located,which may be lawfully applied to the facility; -2- e. If the rights of owners of interests in the property determined by final judicial decision to prevent permitted activities on subject acreage, then the permf.t will be ineffective as to those lands; f. Neither this resolution nor any permit issued pursuant thereto shall constitute a:iy grant of right of easement across any county road affected by the proposed rail spur; g. Applicant shall substantially comply with conditions imposed by permits issued by other government agencies. Compliance shall be determined solely by any issuing government agency, and the County shall not consider the question of non-compliance under this condition until a violation is determined to have occurred by such agency. Applicant shall advise the County of any determination of violation within ten (10) days of the time it is advised of any such violation. Such determination of violation may be considered by the Board at any time, and action may be taken at such time in the manner of a period review under the provisions of the Garfield County Zoning Resolution, as then in effect. In the event the Board determines that any such violation adversely effects the health, safety or welfare of the population of Garfield County or other uses within the zone district, the Board may require that the permitted operation be brought into compliance as provided by law, and the permit may be suspended or revoked if the operation is not brought into compliance within the period allowed; h. Prior to the issuance of the special use permit conditionall' authorized hereunder,.Applicant shall: (z) provide the County with a specific description of the rail spur, together with evidence of ownership of the affected~ lands either in the Applicant or in the railroad; ATTEST: BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO Deputy e>lerkof the Board Chairman 7l Upon motion duly made and seconded the foregoing Resolution was adopted by t`ie foliowl g vale•. Richard C. Jolley Aye Larry Velasquez Aye Aye Commissioners STATE OF COLORADO I ss County of Garfield 1 /- I, /..%.�:,,LL..:: 71; �..L ..a..,, � 4,e."- County Clerk and ex•officio Clerk of the flo,;d of Cognty Commissioners in and for the Count) and State aioresaru ao Reieby ceruiy that [i.: anncw,fi vu: foregoing Order is truly copied from the Record. ai the I'rooeeding; of the Board of County Commissioners for said G irfitid Ccunty, now in my office. IN WITNESS WJfEPEOE, I hav^ hereunto set my hand aryl affixed the seal of said County, at Glenwood Springs, this -' day of •C -r/ A. D. 1g...�.�..... County Cier!; ins' ex -officio C1,4% of the Hoard of Ccunty Comniasioners. SPECLAL OSE PEtiN1'i' Pursuant to the request of the Union Oil Company of California and in accorchincc with and pursuant to the pro- visions of the Garfield County Zoning Resolution of 1970, as amonded, and Resolution No. 01-12 and No. 81.- 281 of the Board of County Commissioners of Garfield County, Colorado, said hoard of County Commissioners do hereby authorize, by Special Use Permit the following activity: Railroad spur to Union Oil's shale oil upgrading facil- ity on the following described tract of land in Garfield County, Colorado: Portions of Section 7, Township 7 South, Range 95 West, Sections 1, 2, 3, and 12, Township 7 South, Range 96 West, all of the Sixth Principal Meridian. The within Special Use Permit is issued subject to the conditions set forth in the above mentioned Resolutions, and shall be valid only during compliance with such conditions and other applicable provisions of the Garfield County Zoning Resolution, Building Code., and other regulations of the Board of County Commissioners of Garfield County, Colorado. BOARD OF COUNTY COMMISSIOtNERS GARFIELD COUNTY, COLORADO • Bim: `, l, Erb rman STATE OF COLORADO H. County of Garfield yy At a regular meeting of the Board of County Commissioners for Gadtid County, Colorado, held at the Court House in Glenwood Springs on Monday the 1lJ Il day of April A. D. 19 81 , there were present: Larry Velasquez Flaven J. Cerise Eugene "Jin" Drinkhouse Arthur A. Abplanalpf Jr. Cheryl J. Ross, Deputy when the following proceedings, among others were had and done, to -wit: Commissioner Chairman , Commissioner , Commissioner , County Attorney , Clerk of the Board RESOLUTION NO. 81- 100 RESOLUTION CONCERNED WITH THE AMENDMENT OF RESOLUTION #81--11, CONCERNED WITH THE CONDITIONAL APPROVAL OF AN APPLICATION FOR SPECIAL USE PERMIT BY UNION OIL COMPANY OF CALIFORNIA. WHEREAS, an application has been submitted by Union Oil Company of California for amendment of this Board's Resolution #81-11, relating to the authorization of a special use permit for the purpose of a crude shale oil upgrading plant, in accordance with Section 9.03 of the Garfield County Zoning Resolution, and WHEREAS, in such application the Union Oil Company of -- California requested a modification of the aforesaid resolution, extending the authorized activity to Lot 9, the E'ls of Lot 10, the Ets of Lot 11, and Lot 12 of Section 34, Township 6 South, Range 95 West of the 6th Principal Meridian, and increasing the authorized area to a total of not more than 160 acres, and WHEREAS, the Board of County. Commissioners of Garfield County, Colorado, has reviewed the application and has observed that the original application filed by this Board prior to the adoption c;f Resolution #81-11 included the property to which this extension is to relate, and WHEREAS, the Board of County Commissioners has conducted a.public hearing duly advertised and held in accordance with the requirements of Section 9.03.04 of the Garfield County Zoning Resolution regarding the question of whether the requested extension of the special use permit should be granted, and, if granted, whether any conditions should be imposed upon the extension of such special use permit, and during such hearings received testimony and other evidence from the applicant and interested parties, and WHEREAS, the Board of County Commissioners has considered said application, impact statement, and supporting materials, the recommendation of the Garfield County Planning Commission made in its previous application, and other evidence presented at the public hearing, and based thereon, the Board of County 'Commissioners finds that the findings included in Resolution #81--11, also accurately relate to the application presently before the Board and that no reason exists why Resolution #81-11 should not be amended to included the requested acreage, NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners of Garfield County, Colorado: Secticn 1: That the legal description contained in the first clause of Resolution #81-11 shall be amended to read as follows: Portions of Lots 7, 8, 9, E'd of 10, E1/2 of 11, 13 and 14 of Section 34, Lot 13 of Section 35, Township 6 SuuLtt, Raki,/6 9G rico[.[ LVL 4 of Section 2, Lots 1 and 2 of Section 3, Township 7 South, Range 96 West of the 6th Principal Meridian, not to exceed 160 acres. Section 2: That other than as herein amended, the provisions of this Board's Resolution .081-l1 shall remain in full force and effect. ATTEST: BOARD OF COUNTY COMMISSIONERS GARFIELD COUNTY, COLORADO �Deputy C�ierk q the Board Chairman Upon motion duly made and seconded the foregoing Resolution was adopted by the following vote: Larry Velasquez Aye k'l?ven I. cerise Aye Eugene "Jim" Drinkhouse Aye Commissioners STATE OF COLORADO County of Garfield I, , County Clerk and ex -officio Clerk of the Board of County Commissioners in and for the Couuty and State aforesaid :.o i .c i. y c.., afy that ti.e suly coked f:..-:: t2 -.a the Proceedings of the Board of County Commissioners for said Garfield County, now In my office. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the seal of said County, at Glenwood Springs, this day of A. D. 19 County Clerk and ex -officio Clerk of the Board of County Commissioners. ti . XTATL OF COLORADO County of dsrt,eld ASA rft711 ft �� nutLIRq at the !loud of Covnty Commlu:oncut for Cwr..od Cn.r y, Cnlntar(n, 1,41 at Lfu govt! Uf _ , rn Cki woe i Cpr�nyx oA M4.r,5.PY tho 1 4. h day of September A. U. IY.. ......., there were pretent: Larry Velasquez Comm4uottef Chluman Eugene "Jim" Dr>.nl.house Comrnivaoner Comm1Ldaner , CouniyAlw:ney Cheryl J. Koss, Deputy CterkaltheBowl when the folk,.ring proceedings, among others were h,d and don!, lo -wit Earl G. ithodeo RESOLUTION 081-281 RESOLUTION CONCERNED WITH AN APPLICATION FOR spnci L USE PERMIT BY UNION OIL COMPANY OF CALIFORNIA, AND AMENDMENT OF RESOLUTION 081-L2 WHEREAS, an applibation has been submitted by Union Oil Company of California for a Special Use Permit for the purpose of a railroad spur, in accordance with Section 9.03 of the Garfield County Zoning Resolution, on thc. following described tr•'atil or land: Portions of Section 7, Township 7 South, Range 95 West, Sections 1, 2, 3, and 12, Township 7 South, Range 9G West, all of the Sixth Principal Meridian. WHEREAS, the Board of County Commissioners of Garfield County, Colorado, having duly reviewer] said application, has passed Resolution #81-12, which constitutes a conditional approval of said application; and WHEREAS, said Resolution provides in pertinent part, that the Special use Permit shall !rut be issued until the applicant provides "evidence of ownership of the affected lands either in the applicant or in the railroad"; and WHEREAS, the applicant has represented that it has made reason- able efforts to comply with said condition, but an occurrence, dcocribf below, has. taken place which was not enticipaLcd at the time of the .application; and WHEREAS, that said occurrence is that the estate of Albr_r ham refused to convey fee --simple title in the property to be owned by the applicant, and the applicant has ac:cepLec1 a present lease of the land accompaniers by an exclusive and irrevocable option to purchase said • property in January 1982; and WHEREAS, the applicant bets made application to the Board of County Commissioners for ate. dlncttdrent of Resolution 481-12; and. WHEREAS, all procedure and notice: requirements set forth in the Garfield County Zoning Resolution with respect to Special Use Permit applications have; been met and this proceeding is properly before this Board. NOW, THEREFORE, BE J.T RESOLVED BY THE BOARD OF COUNTY COMMISSION OF GARFIELD COUNTY, COLORADO: That Section 3. h.(i) of Resolution 181-12 .is hereby amended as follows: Provide the county with a specific description of tho tail spur:, together with the evidence of uwnes:ship o1 the affected lands or t:.ho legal right in the applicant Lo use said lards coupled with an irrevocable right to purcharc oaid lands in fee -simple in the Luturc, said rights and ownership Le be vested either in the applicant, or in thc railroad. BOARD or COUNTY COhLmissioNnlln GARFIELD COUNTY, COLORADO J Chis .l °flld ;l '� yc RAIL SPUR L•'Asl:t1CND POR AND IN CONSIDERATION of the sum ut One Dollar and Other. C,,od and Valuetl)1.L, Considt ;aLion in hated paid, the receipt of which is h. reby ackaowlodgad, tete undersigned F3oZrd of County i.' oJflIlission.'rs of the' County of Garfir=ld, Stale of Colorado, hereinafter culled the grantor, has this day bargained and sold, and by those present.; 'does bargain, sell, convey, transfar, and ck;liver unto Union Oil Company uC California, a California corporation, hereinafter called_ tha hranteo, an easc,monL and right -or -way including the right- to c o:cr, over the real esttLe lwresi_nafLer described, being a portion or the Gar1rsld County Road No. 215 rignt-of- way, for the purpose of crossing said road right-of-way for the construction and operation thereafter of a rail spur for the use of the grantee in connection with 'the rail transporta- tion of products in connection with their crude _hale oil ol:crat2.ons. The easn..rnent and right-of-way hereby granted covers a strip of land 100.00 feet in ,width over and across the following deseribed land in the unincorporated area of Garfield County, States of Colorado and more particularly described as follows: A strip of land 100.00 feet'in,widt_h, lying in the NE, SE; of Section 2, Township 7 South, Range 96 West of Lhe 6Lh Principal Meridian. Beginning at a point on the northeasterly right-of-way of County Road No. 215 whence the Southeast corner of said Section 2 bears S. 51°43'07" E. 388.67 feet and S. 06°29'24" W. 1726.78: with all bearings contained herein being Colorado Grid bearings (Central Zone). True Bearings are obtained by Locating all bearings herein counter -clockwise 01°37'28"; thence_ N. 51'43'07" I. 266.73 feet to a point on the southwesterly right - of --way of County 13oad No. 215, thence along said south- westerly right-of-way 213.80 feet along the arc of a 1357.39` foot radius circular curve to the left which arc subtends a chord bearing of N. 26°59'12" W. 213.61 feet; thence along the arc of a Spiral curve to the left the chord of which is N. 34°11'00" W. 35.26 feet, thenco leaving said southwesterly right-of-way S. 51°43'07" E. 353.36 feet to a point on said north- easterly right-of-way; thence atony said northeasterly right-of-way 109.28 feet along the arc of a 1507.39 foot radius circular curve to the right, which arc subt.edds a chord bearing of 5. 18°04'39" E. 109.2/ fe1et; thence along the arc of a spiral curve to they right, the chord of which is S. 13°20'57" E. 63.58 feet to the point of beginning. Tho grantees herein, by acceptance of this conveyance, covenant and agree with the yrantors hnreln, that Said easement and right-of-way shall at all times be constructed and operatcd in accordance with that certain Garfield county Resolution No. 81-12, and said easement and right-of-way shall be limited in duration to expire concurrently with the expiration of any special use permit issued under the Gar- field County Zoning Resolution of 1978 and the referenced Garfield County Resolution No. 81-12 is,uad thereunder. 1'P IS UNDL'} 3L'OOD AND AGREED that the grantee t,ri11 do all construction, installation, or.rnaintwrt.tnee work on said railroad cronsing in such a manner as to cause the least damage to County Road No. 215 and to insure the public safety, 1't will not interfere with, nor obstruct tits same, c:xu:pt: ds rcquircd. duLittg such l::erio:l:, of construc- tion, installation, or maintenance. To the extent rewired by lac,, the grnntc:e :shall obtain, pay f0t, and maintain, all e:rfsty warning r.kvices necessitated by ;$.tid railroad crossing. 11 V 1+ 1 NL44.14il44I4 41 I.MJ R. 96 W. a+ 7+ 12 11+ 10+ 13 14 16 I 11117. 5236 21 zi R. 96 W. 4 41 31 V 21 0+ 12+ 11+ 10+ 15 15 b+ � III I "eV 1D 1 i CD Tas E umpt - 12+ o+ 4 13- + 1a+ 12+ 13+ 4 ariaG Area No. 16—BHF`Z 1- 1- 13 14� 10+ a+ 11 10 — a#' A 10+ 9 41 3i 2135-273-00-015 12 12 1 J_ —2 — J. 10+ Adjoining 2133 L 2 13 14+ 1- 18 Tu 113ampt A 19 1- 1- 1- 4 i A 1 - Boundary 1- 1 Et v. 7666_ 14 31 Y a 1- 1 6 1 1 1 Bou idary L J 20 — 1 12+ 14� 0 1+ 1 —1d— ,L 1- 10+ 21 1- I br 1 29 20 — 61' 21 10 4� M A 15 ir 4 e 1a 1 27 7+ 11 V A W 4 14• A 4 11 X 23 A 1 A A v r A 0 1 13 14 B LU. 1a o' t•? A 1' r 61 41 A 61 MEV. 5555 x 14+ 13+ 12+ 1 1 1 13 V A A Y' 1 Boundary 25 e■erve 1 `oun•ery• 11 10 -gm 10 35 Bounda RESERVE 0 ouundary 9 10 American Soda Parcel 12+ l� Wt Hetes And Bounds Parcel Number Used Is 015 0 Adjoining 2409 1200 2400 3604 APPROVED coma" 4351:13011 2171 T.6S. — R.P6W,