HomeMy WebLinkAbout20112635.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT #1792 FOR OIL AND GAS SUPPORT AND SERVICE, INCLUDING, BUT
NOT LIMITED TO, A NATURAL GAS PROCESSING FACILITY IN THE
A (AGRICULTURAL) ZONE DISTRICT - THISTLE DOWN, INC. / MICHAEL AND
DAISY BOULTER / DONNA BOULTER / MICHAEL JAMES BOULTER / WILLIAM
BOULTER, JR. / ROGER BOULTER / AND CAROL THOMPSON, CIO DCP
MIDSTREAM, LP
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 12th day
of October, 2011, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Thistle Down, Inc. / Michael and Daisy Boulter / Donna Boulter /
Michael James Boulter / William Boulter, Jr. / Roger Boulter / and Carol Thompson, 24500
County Road 49, Greeley, Colorado 80631, and Michael Boulter, 22019 County Road 54,
Greeley, Colorado 80631-9764, c/o DCP Midstream, LP, 3026 4th Avenue, Greeley, Colorado
80631, for a Site Specific Development Plan and Use by Special Review Permit#1792 for Oil
and Gas Support and Service, including, but not limited to, a Natural Gas Processing Facility in
the A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
SE1/4 of Section 31, Township 5 North, Range 64
West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Patrick Groom, Esq., of
Witwer, Oldenburg, Barry and Johnson, LLP, Attorneys at Law, 822 7th Street, Suite 760,
Greeley, Colorado 80631, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of
the Weld County Planning Commission and all of the exhibits and evidence presented in this
matter and, having been fully informed, finds that this request shall be approved for the following
reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
a. Section 23-2-230.B.1 -- The proposed use is consistent with Chapter 22
and any other applicable Code provisions or ordinance in effect.
Section 22-5-100.A (OG.Goal 1) states, "Promote the reasonable and
PL ? , N$. ) \ActyLl 2011-2635
11- a1-11 PL2132
SPECIAL REVIEW PERMIT #1792 - THISTLE DOWN, INC. / MICHAEL AND DAISY
BOULTER/ DONNA BOULTER / MICHAEL JAMES BOULTER / WILLIAM BOULTER, JR. /
ROGER BOULTER / CAROL THOMPSON / AND MICHAEL BOULTER, C/O DCP
MIDSTREAM, LP
PAGE 2
orderly exploration and development of oil and gas mineral resources;"
and Section 22-5-100.6 (OG.Goal 2.) states, "Ensure that the extraction
of oil and gas resources conserves the land and minimizes the impact on
surrounding land and the existing surrounding land uses."
Section 22-5-100.B (OG.Policy 2.9) states, "Impose protective measures
through available state, county and federal regulations to ensure that the
mineral operator conducts operations in a manner that will minimize
current and future environmental impacts." The request for a Site
Specific Development Plan and Use by Special Review Permit for Oil and
Gas Support and Service, including, but not limited to, a Natural Gas
Processing Facility in the A (Agricultural) Zone District, necessitated by
the need to move larger volumes of gas due to the recent increases in
drilling activity and projected additional production increases anticipated
by producers.
b. Section 23-2-230.6.2 -- The proposed use is consistent with the intent of
the A (Agricultural) Zone District. Section 23-3-40.A.2 of the Weld County
Code provides for Oil and Gas Support and Service, a Natural Gas
Processing Facility, and a Terminus Substation, as a Use by Special
Review in the A (Agricultural) Zone District.
c. Section 23-2-230.B.3 -- The uses which will be permitted will be
compatible with the existing surrounding land uses. The property slopes
from south to north to a high point, and slopes in a downward gradient to
the north. There are multiple accesses to the property, mostly associated
with Noble Energy's oil and gas site improvements. There is a
communications tower in the center portion of the 640-acre tract of land
that appears to access off of County Road 49. A gas pipeline and fiber
optic cable are located within the right-of-way on the west side of County
Road 51. In the immediate area, there is limited residential development,
although there are residences to the south and west of the parcel. The
site is currently planted in a grain, and the property is posted "No
Trespassing." There are seven (7) property owners within five hundred
feet of this facility.
d. Section 23-2-230.6.4 -- The uses which will be permitted will be
compatible with future development of the surrounding area, as permitted
by the existing zoning, and with the future development, as projected by
Chapter 22 of the Weld County Code and any other applicable Code
provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The existing site is within the three-mile referral area of
the Town of Kersey. The Town returned a referral indicating no conflict
with its interests.
2011-2635
PL2132
SPECIAL REVIEW PERMIT #1792 - THISTLE DOWN, INC. / MICHAEL AND DAISY
BOULTER/ DONNA BOULTER / MICHAEL JAMES BOULTER / WILLIAM BOULTER, JR. /
ROGER BOULTER / CAROL THOMPSON / AND MICHAEL BOULTER, CIO DCP
MIDSTREAM, LP
PAGE 3
e. Section 23-2-230.B.5 -- The application complies with Chapter 23,
Article V, of the Weld County Code. The existing site is not within a
recognized overlay district, including the Geologic Hazard, Flood Hazard,
or Airport Overlay District. Effective April 25, 2011, building permits
issued on the proposed lots will be required to adhere to the fee structure
of the County-Wide Road Impact Fee Program. Effective April 25, 2011,
building permits issued on the proposed lots will be required to adhere to
the fee structure of the County Facility Fee and Drainage Impact Fee
Programs.
f. Section 23-2-230.6.6 -- The applicant has demonstrated a diligent effort
to conserve prime agricultural land in the locational decision for the
proposed use. This proposed facility is located on a 160-acre parcel,
utilizing 40 acres in the center of the parcel for a Natural Gas Processing
Facility and Poudre Rural Electric Association Terminus substation.
Ongoing agricultural production will continue on lands not impacted by
this proposed facility. The proposed facility is sited on lands that are
designated "Prime" and "Other" on the Important Farmlands of Weld
County Map, dated 1979.
g. Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240 of the
Weld County Code), Operation Standards (Section 23-2-250 of the Weld
County Code), Conditions of Approval, and Development Standards
ensure that there are adequate provisions for the protection of the health,
safety, and welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the application of Thistle Down, Inc. / Michael and Daisy Boulter /
Donna Boulter/ Michael James Boulter/William Boulter, Jr. / Roger Boulter/ Carol Thompson /
and Michael Boulter, c/o DCP Midstream, LP, for a Site Specific Development Plan and Use by
Special Review Permit #1792 for Oil and Gas Support and Service, including, but not limited to,
a Natural Gas Processing Facility in the A (Agricultural) Zone District, on the parcel of land
described above be, and hereby is, granted subject to the following conditions:
1. Prior to recording the plat:
A. The plat shall be amended to delineate the following:
1) All sheets of the plat shall be labeled USR-1792.
2) The attached Development Standards.
3) The plat shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
2011-2635
PL2132
SPECIAL REVIEW PERMIT #1792 - THISTLE DOWN, INC. / MICHAEL AND DAISY
BOULTER/ DONNA BOULTER / MICHAEL JAMES BOULTER / WILLIAM BOULTER, JR. /
ROGER BOULTER / CAROL THOMPSON / AND MICHAEL BOULTER, CIO DCP
MIDSTREAM, LP
PAGE 4
4) The applicant shall delineate the trash collection areas.
Sections 23-2-260.C.11 and 23-3-350.A.6 of the Weld County
Code address the issue of trash collection areas. Areas used for
storage or trash collection shall be screened from adjacent
properties and public rights-of-way. These areas shall be
designed and used in a manner that will prevent trash from being
scatted by wind or animals.
5) County Roads 50 and 51 are designated on the Weld County
Road Classification Plan as local gravel roads, which require 60
feet of right-of-way at full buildout. The applicant shall verify the
existing right-of-way and the documents creating the right-of-way,
and this information shall be noted on the plat. All setbacks shall
be measured from the edge of future right-of-way. If the
right-of-way cannot be verified, it shall be dedicated. These roads
are maintained by Weld County.
6) Tracking control is required to prevent tracking of mud and debris
onto the County roadway. The applicant shall show and label a
double cattle guard (2 cattle guards placed back to back to allow
for a full rotation of truck tires) at the access, far enough back from
the County roadway to allow a tractor trailer to completely pull off
the main roadway before crossing the cattle guards. The
applicant shall contact the Utility Coordinator for the Weld County
Department of Public Works, for a right-of-way permit for any work
that may be required in the right-of-way. A special transport permit
will be required for any oversized or overweight vehicles that may
access the site.
7) The applicant shall show and label the proposed access width and
identify the surface as paved or gravel on the Site Plan. Keep in
mind that larger trucks utilize the facility and the access road
needs to be wide enough to accommodate two trucks passing in
different directions, with 45 to 60-foot turning radiuses into the
site.
8) The applicant shall delineate a Stop sign at the ingress and
egress for access onto County Road 51.
9) The applicant shall supply a Drainage Report. The report shall be
signed and stamped by a professional engineer registered in the
State of Colorado. The detention pond shall be labeled as a
"No Build/Storage Feature" and placed in a drainage easement
that has been described on the plat.
2011-2635
PL2132
SPECIAL REVIEW PERMIT #1792 - THISTLE DOWN, INC. / MICHAEL AND DAISY
BOULTER/ DONNA BOULTER / MICHAEL JAMES BOULTER / WILLIAM BOULTER, JR. /
ROGER BOULTER / CAROL THOMPSON / AND MICHAEL BOULTER, C/O DCP
MIDSTREAM, LP
PAGE 5
10) The approved Lighting Plan for the Facility.
11) This USR-1792 does not permit the construction of necessary
electric lines supplying power to the site and connecting with the
electric substation which is permitted herein.
B. The applicant shall address the concerns of the Department of Public
Works, specific to Parking and Circulation, the Traffic Study, and
Stormwater Drainage, as indicated in the referral dated July 25, 2011.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
C. The applicant shall submit evidence of an Air Pollution Emission Notice
(A.P.E.N.) and Emissions Permit application from the Air Pollution Control
Division of the Colorado Department of Public Health and Environment, if
applicable. Alternately, the applicant may provide evidence from the
APCD that they are not subject to these requirements. Evidence of such
shall be submitted, in writing, to the Weld County Department of Planning
Services.
D. The applicant shall submit a Waste Handling Plan, for approval, to the
Environmental Health Services Division of the Weld County Department
of Public Health and Environment. The plan shall include, at a minimum,
the following:
1) A copy of the Spill Prevention, Control and Counter Measure Plan
(SPCC).
2) The waste handler and facility where the waste will be disposed of
(including the facility name, address, and phone number).
Evidence of such shall be submitted, in writing, to the Weld
County Department of Planning Services.
E. The applicant shall provide written evidence, on letterhead from the
Central Weld County Water District, indicating a commitment for
commercial/industrial service of water to the facility.
F. The applicant shall either submit a copy of an agreement with the
property's mineral owner/operators stipulating that the oil and gas
activities have been adequately incorporated into the design of the site, or
show evidence that an adequate attempt has been made to mitigate the
concerns of the mineral owner/operators. Drill envelopes may be
delineated on the plat, in accordance with the State requirements, as an
attempt to mitigate concerns. The plat shall be amended to include any
possible future drilling sites.
2011-2635
PL2132
SPECIAL REVIEW PERMIT #1792 - THISTLE DOWN, INC. / MICHAEL AND DAISY
BOULTER/ DONNA BOULTER / MICHAEL JAMES BOULTER / WILLIAM BOULTER, JR. /
ROGER BOULTER / CAROL THOMPSON / AND MICHAEL BOULTER, C/O DCP
MIDSTREAM, LP
PAGE 6
G. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
2. Prior to Construction
A. The project will disturb over one (1) acre of land, therefore, a State-
approved Stormwater Management Plan will be required. The applicant
shall provide a copy of the Stormwater Management Plan application, as
submitted to the State, as well as a copy of the approved permit once it
has been obtained. The applicant is required to comply with all Colorado
Department of Public Health and Environment, Water Quality Control
Division, regulations regarding stormwater quality, permitting, protection,
and construction stormwater discharges.
B. The project will disturb over one (1) acre of land, therefore, a Weld
County Grading Permit is required before construction.
C. A building permit shall be obtained prior to construction of any new
structures.
D. A plan review is required for each building or structure for which a
building permit is required. Two complete sets of plans are required
when applying for each permit and shall include a Code Analysis Data
Sheet, provided by the Weld County Department of Building Inspection.
Submittal plans shall include a floor plan showing the specific uses for
each area of the building.
E. Occupancy Classification will be determined by Chapter 3 of the 2006
International Building Code. Buildings, structures, and uses shall conform
to the requirements of the various codes adopted at the time of
acceptance of the permit application. Currently, the following codes have
been adopted by Weld County: 2006 IBC; IMC; IPC; IECC; 2008
National Electrical Code; 2003 ANSI 117.1 Accessibility, and Chapter 29
of the Weld County Code.
F. All building plans shall be submitted to the Platte Valley Fire Protection
District, for review and approval, prior to the issuance of building permits.
G. The Department of Building Inspection requests one (1) pre-construction
meeting before submitting a permit application.
H. The applicant shall submit an Improvements Agreement and post
collateral for all on-site and off-site improvements.
2011-2635
PL2132
SPECIAL REVIEW PERMIT #1792 - THISTLE DOWN, INC. / MICHAEL AND DAISY
BOULTER/ DONNA BOULTER / MICHAEL JAMES BOULTER / WILLIAM BOULTER, JR. /
ROGER BOULTER / CAROL THOMPSON / AND MICHAEL BOULTER, CIO DCP
MIDSTREAM, LP
PAGE 7
3. Prior to issuance of a Certificate of Occupancy:
A. An individual sewage disposal system is required for the proposed facility
and shall be installed according to the Weld County Individual Sewage
Disposal System (I.S.D.S.) Regulations. The septic system is required to
be designed by a Colorado registered professional engineer, according to
the Weld County I.S.D.S. Regulations.
4. Upon completion of Condition of Approval #1 above, the applicant shall submit a
Mylar plat, along with all other documentation required as Conditions of Approval.
The Mylar plat shall be recorded in the office of the Weld County Clerk and
Recorder by the Department of Planning Services. The plat shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County
Code. The Mylar plat and additional requirements shall be submitted within
ninety (90) days from the date of the Board of County Commissioners
Resolution. The applicant shall be responsible for paying the recording fee.
5. The Department of Planning Services respectfully requests a digital copy of this
Use by Special Review, as appropriate. Acceptable CAD formats are .dwg, .dxf,
and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles or
ArcGIS Personal GeoDataBase (MDB). The preferred format for Images is .tif
(Group 4). (Group 6 is not acceptable). This digital file may be sent to
maps@co.weld.co.us.
6. In accordance with Weld County Code Ordinance #2005-7, approved June 1,
2005, should the plat not be recorded within the required ninety (90) days from
the date of the Board of County Commissioners Resolution, a $50.00 recording
continuance charge shall be added for each additional three (3) month period.
7. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review plat
is ready to be recorded in the office of the Weld County Clerk and Recorder.
2011-2635
PL2132
SPECIAL REVIEW PERMIT #1792 - THISTLE DOWN, INC. / MICHAEL AND DAISY
BOULTER/ DONNA BOULTER / MICHAEL JAMES BOULTER / WILLIAM BOULTER, JR. /
ROGER BOULTER / CAROL THOMPSON / AND MICHAEL BOULTER, CIO DCP
MIDSTREAM, LP
PAGE 8
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 12th day of October, A.D., 2011.
BOARD OF COUNTY COMMISSIONERS
WE,&D COUNTY, COLORADO
ATTEST:,,� i,a,t{lL f/1.iw ei��
Yt arbara Kirkmeyer Chair
f
Weld County Clerk to the Board ________ P
Sean P. C a , Pro-Tem
BY: A ��
Deputy CI to the Boar
i ---) C. )
siti, . Garcia
1861
APPROVED AS TO FORM: '` 7
® >.'' avid E. Long
��:y
As ' Coun At orney EXCUSED
Douglas Rademacher
Date of signature: l/-a 1--//
2011-2635
PL2132
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
THISTLE DOWN, INC. / MICHAEL AND DAISY BOULTER/
DONNA BOULTER/ MICHAEL JAMES BOULTER/WILLIAM BOULTER, JR. /
ROGER BOULTER/CAROL THOMPSON /AND MICHAEL BOULTER
CIO DCP MIDSTREAM, LP
USR#1792
1. The Site Specific Development Plan and Use by Special Review Permit #1792 is for Oil
and Gas Support and Service, including, but not limited to, a Natural Gas Processing
Facility in the A (Agricultural) Zone District, and subject to the Development Standards
stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. All liquid and solid wastes, as defined in the Solid Wastes Disposal Sites and Facilities
Act, Section 30-20-100.5, C.R.S., shall be stored and removed for final disposal in a
manner that protects against surface and groundwater contamination.
4. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the
Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.
5. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, blowing debris, and other potential nuisance conditions.
6. The applicant shall operate in accordance with the approved Waste Handling Plan, at all
times.
7. This facility shall adhere to the maximum permissible noise levels allowed in the
Industrial Zone District, as delineated in Section 14-9-30 of the Weld County Code, or
with all applicable State noise statutes and/or regulations.
8. All potentially hazardous chemicals must be handled in a safe manner, in accordance
with product labeling, and in a manner that minimizes the release of hazardous air
pollutants and volatile organic compounds. All chemicals must be stored secure, on an
impervious surface, and in accordance with manufacturer's recommendations.
9. Any septic system located on the property must comply with all provisions of the Weld
County Code, pertaining to Individual Sewage Disposal Systems.
10. Fugitive dust shall be controlled on this site. The facility shall be operated in accordance
with the approved Dust Abatement Plan, at all times.
11. Any vehicle or equipment washing areas shall capture all effluent and prevent
discharges in accordance with the Rules and Regulations of the Water Quality Control
Commission, and the Environmental Protection Agency.
2011-2635
PL2132
DEVELOPMENT STANDARDS - THISTLE DOWN, INC. / MICHAEL AND DAISY BOULTER/
DONNA BOULTER / MICHAEL JAMES BOULTER / WILLIAM BOULTER, JR. / ROGER
BOULTER/ CAROL THOMPSON /AND MICHAEL BOULTER, C/O DCP MIDSTREAM, LP
(USR#1792)
PAGE 2
12. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes.
13. Adequate drinking, hand washing, and toilet facilities shall be provided for employees
and patrons, at all times.
14. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the
Colorado Department of Public Health and Environment, Water Quality Control Division.
15. The applicant shall comply with all provisions of the State Underground and Above
Ground Storage Tank Regulations.
16. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
17. A building permit shall be obtained prior to the construction of any new structures.
18. A plan review is required for each building or structure for which a building permit is
required. Two complete sets of plans are required when applying for each permit and
shall include a Code Analysis Data sheet. Submittal plans shall include a floor plan
showing the specific uses for each area of the building. The Occupancy Classification
will be determined by Chapter 3 of the 2006 International Building Code. The plans shall
also include the design for fire separation and occupancy separation walls, when
required by Chapter 5 and 7 of the 2006 International Building Code. Fire Protection
shall conform to Chapter 9.
19. Buildings shall conform to the requirements of the various codes adopted at the time of
permit application. Currently, the following have been adopted by Weld County: 2006
International Building Code, 2006 International Mechanical Code, 2006 International
Plumbing Code, 2006 International Fuel Gas Code, and the 2008 National Electrical
Code, and Chapter 29 of the Weld County Code.
20. All building plans shall be submitted to the Platte Valley Fire District, for review and
approval, prior to the issuance of building permits.
21. The historical flow patterns and runoff amounts will be maintained on the site in such a
manner that it will reasonably preserve the natural character of the area and prevent
property damage of the type generally attributed to runoff rate and velocity increases,
diversions, concentration, and/or unplanned ponding of storm runoff.
22. The applicant must take into consideration stormwater capture/quantity and provide
accordingly for Best Management Practices.
23. Weld County is not responsible for the maintenance of on-site drainage related features.
2011-2635
PL2132
DEVELOPMENT STANDARDS - THISTLE DOWN, INC. / MICHAEL AND DAISY BOULTER/
DONNA BOULTER / MICHAEL JAMES BOULTER / WILLIAM BOULTER, JR. / ROGER
BOULTER/CAROL THOMPSON /AND MICHAEL BOULTER, C/O DCP MIDSTREAM, LP
(USR #1792)
PAGE 3
24. The applicant is required to comply with all Colorado Oil and Gas Conservation
Commission (COGCC) rules and regulations, including drill pad construction, stormwater
controls, and reclamation.
25. Effective April 25, 2011, building permits issued on the proposed lots will be required to
adhere to the fee structure of the County-Wide Road Impact Fee Program.
26. Effective April 25, 2011, building permits issued on the proposed lots will be required to
adhere to the fee structure of the County Facility Fee and Drainage Impact Fee
Programs.
27. The facility will operate 24 hours per day, 365 days per year.
28. The facility will comply with the approved Lighting Plan and Section 23-3-250.D.1,
Lighting Standards, of the Weld County Code.
29. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-2-240 of the Weld County Code.
30. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-2-250 of the Weld County Code.
31. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment shall be granted access onto the property at
any reasonable time in order to ensure the activities carried out on the property comply
with the Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
32. The Use by Special Review area shall be limited to the plans shown hereon and
governed by the foregoing standards and all applicable Weld County regulations.
Substantial changes from the plans or Development Standards, as shown or stated,
shall require the approval of an amendment of the Permit by the Weld County Board of
County Commissioners before such changes from the plans or Development Standards
are permitted. Any other changes shall be filed in the office of the Department of
Planning Services.
33. The property owner or operator shall be responsible for complying with all of the
foregoing Development Standards. Noncompliance with any of the foregoing
Development Standards may be reason for revocation of the Permit by the Board of
County Commissioners.
2011-2635
PL2132
October 2006
PETITION FOR INCLUSION OF LANDS IN MUNICIPAL SUBDISTRICT
NORTHERN COLORADO WATER CONSERVANCY DISTRICT
TO THE BOARD OF DIRECTORS OF MUNICIPAL SUBDISTRICT,
NORTHERN COLORADO WATER CONSERVANCY DISTRICT
1. All the owner(s) of lands situated in the County of w P t 4 , State of Colorado,
hereby petition(s) and pray(s) that the lands hereinafter described be included in said
Municipal Subdistrict, Northern Colorado Water Conservancy District ("Subdistrict").
2. The description of the lands owned by the Petitioner(s) is as follows: •
PETITIONER DESCRIPTION SEC.TWP.RGE. ACRES
Petitioner
DCP Midstream, LP
370 17th Street, Suite 2500
Denver, CO 80202
Description
The Southeast Quarter of Section Thirty-One (31),Township 5 North, Range 64 West of the
6th P.M., less the West 76.40 feet of the North Half of the North Half of the Southeast Quarter,
Weld County, Colorado
Sec.Twp. Rge.
Sec. 31 TSN R64W
Acres
160
TOTAL ACRES INCLUDED 16 0
3. A plat of the above described property is attached hereto as Appendix "B."
AMOUNT OF SUBDISTRICT PROCESSING FEE ENCLOSED $ 200.00
H:\LAND-ALL\CONLEY\FORM S\petition.inc-subd.doc
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la- \a- \ ‘ --pt, 61/3a
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4. All the owner(s) of the above described property and their heirs, successors, and assigns
hereby agree to be bound by the Water Conservancy Act, C.R.S. ' 37-45-101 et. seq., as
amended from time to time, and all rules, regulations, and policies of the Subdistrict as
amended or changed from time to time.
5. All of the owner(s) of the above described property hereby agree(s) that inclusion of the
above described lands into the Subdistrict is conditioned on present and future payment of
the same mill levies and special assessments as are levied or will be levied on other
similarly situated property in the Subdistrict at the time of inclusion of the Petitioner(s)
lands. If such payments are not made on such equal basis, the inclusion of the lands can be
terminated for non-compliance with this condition if payments are not otherwise made.
6. All the owner(s) of the above described property have executed Appendix "A" attached
hereto.
THIS PETITION INCLUDING APPENDIX "A" MUST BE SIGNED
BY ALL OF THE OWNERS OF THE ABOVE DESCRIBED PROPERTY
TITLE
(if in relation to
a Partnership or a
SIGNATURES Corporation) ADDRESS
vkce Presi&enr 3m6 AQv-cue Greeky,co 90631
STATE OF COLORADO)
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County of v3e\G )
The foregoing instrument was acknowledged before me this tom clay of fot)erckec
A.D. 20_, by -T(XP_On \l:Ce i?t2Sideklx
Witness my hand and Seal. My commission expires: a I 1 1 oZ01`3
yFFANY�Y,
�• 'N0T�!� • otaiyPublic
H:\LAN' > NLEY\FORMS\petition.inc-subd.doc
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STATE OF COLORADO)
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County of
The foregoing instrument was acknowledged before me this_ _day of
A.D. 20 , by
Witness my hand and Seal. My commission expires:
Notary Public
STATE OF COLORADO)
) ss
County of
The foregoing instrument was acknowledged before me this day of
A.D. 20 , by
Witness my hand and Seal. My commission expires:
Notary Public
STATE OF COLORADO)
) ss
County of
The foregoing instrument was acknowledged before me this day of
A.D. 20_, by
Witness my hand and Seal. My commission expires:
Notary Public
H:ALAN D-ALLVCON LEY\FORM S\petition.inc-subd.doc
APPENDIX "A" L
Purpose
The purpose of this covenant is to subject Petitioner's property, described in the petition for inclusion and
court order for inclusion, to the same mill levies and special assessments as are levied or will he levied on
other similarly situated property in the Municipal Subdistrict(ASubdistrict@) of the Northern Colorado
Water Conservancy District at the time of inclusion of Petitioner's lands.
Waiver
Petitioner hereby waives any right which may exist to require an election pursuant to article X, ' 20 of the
Colorado Constitution before the Subdistrict can impose the mill levies and special assessments specified
below. Petitioner also waives any right which may exist to a refund pursuant to article X, ' 20 of the
Colorado Constitution.
Mill Levies and Special Assessments
Upon inclusion into the Subdistrict, and as an express condition thereof, Petitioner covenants to pay any and
all special assessments levied by the Board of Directors of the Subdistrict against Petitioner=s property in the
event the municipality or public corporation in which Petitioner=s property is located defaults on payment of
its obligations under existing or future allotment contracts with the Subdistrict. Such obligations include, but
are not limited to:
1. Repayment of the bonded indebtedness of the Windy Gap Project.
2. Payment of the annual costs incurred by the Subdistrict in the administration, operation,
maintenance, repair and rehabilitation of Windy Gap facilities and such other annual costs as
may arise from and be attributable to the operation of the Windy Gap Project.
Covenant to Run with the Land
This covenant will run with and burden the property described in the petition for inclusion and court order
for inclusion and binds all future owners of the property.
ALL OWNERS OF THE ABOVE DESCRIBED PROPERTY MUST SIGN THIS APPENDIX "A."
DATE SIGNATURES ADDRESS
I1 - - ll 3oZ6 941/4 A„gwp 4rte cc 8631
H:\LAND-ALL\CON LEY\FORM S\petition.inc-subd.doc
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