HomeMy WebLinkAbout20253595 CoY,kr�ck k0,k,
MEMORANDUM
TO: Clerk to the Board
1861
TE
MDATE: December 3,2025
FROM: Jazmyn Trujillo-Martinez, Planning Services Dept.
SUBJECT: BOCC Agenda Item—Approve Road Maintenance
During Construction Agreement For:
DCP Operating Company, LP—USR23-0041
Request to Approve Road Maintenance During Construction Agreement:
The Department of Planning Services received a request from the applicant, DCP Operating
Company, LP, requesting that the Board of County Commissioners consider approving the
Road Maintenance During Construction Agreement for (USR23-0041). No collateral is
required with this agreement.
Weld County Planning Services, Public Works, and the County Attorney's Office have
reviewed the above mentioned signed original document and observed the following:
• All Public Works related items, of the "Road Maintenance Agreement According
To Policy", are found to be acceptable.
• This Agreement complies with the terms of the Use by Special Review Permit
Resolution, as signed by the Board of County Commissioners.
Recommendation:
The Departments of Planning Services, Public Works, and the County Attorney's Office are
' recommending approval of the Road Maintenance Agreement According To Policy for
USR23-0041, and that this item be placed on the next regularly scheduled BOCC Hearing, as
part of the Consent Agenda.
cc: Dawn Anderson, Planning Services
cc%PL(DA/STM IKR/Mw) 2025-3595
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ROAD MAINTENANCE AGREEMENT ACCORDING TO
REQUIREMENTS DURING THE CONSTRUCTION PERIOD
DCP Operating Company,LP—USR23-0041
THIS AGREEMENT is made this 3N day of December, 2025, by and between DCP Operating
Company LP,a limited partnership organized under the laws of the State of Delaware,whose address is 2331
City West Boulevard, Houston, Texas 77042, hereinafter referred to as"Property Owner," authorized to do
business in the State of Colorado, and the County of Weld, a body corporate and politic of the State of
Colorado, by and through its Board of County Commissioners, whose address is 1150"0" Street, Greeley,
Colorado 80631 hereinafter referred to as"County."
WITNESSETH:
WHEREAS,Property Owner is the owner of the following described property in the County of Weld,
Colorado:
A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 25,
TOWNSHIP 4 NORTH,RANGE 66 WEST OF THE 6th P.M.,COUNTY OF WELD,
STATE OF COLORADO,MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE CENTER QUARTER CORNER OF SAID SECTION 25,SAID
POINT BEING THE POINT OF BEGINNING,MONUMENTED BY A FOUND 3 1/4"
ALUMINUM CAP(LS 34995),FROM WHENCE THE SOUTH QUARTER CORNER OF
SAID SECTION 25,MONUMENTED BY A FOUND 3 1/4"ALUMINUM CAP
(ILLEGIBLE)BEARS S01°09'02"E,A DISTANCE OF 2,588.67 FEET,BEING THE
BASIS OF BEARINGS USED IN THIS DESCRIPTION;
THENCE ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER, S 01°09'02"E,
A DISTANCE OF 1,255.71 FEET TO A POINT ON SAID EAST LINE;
THENCE DEPARTING SAID EAST LINE S 87°38'09"W,A DISTANCE OF 1,342.04
FEET;
THENCE N 00°57'13"W,A DISTANCE OF 1,268.08 FEET TO A POINT ON THE
NORTH LINE OF SAID SOUTHWEST QUARTER;
THENCE ALONG SAID NORTH LINE N 88°09'41"E,A DISTANCE OF 1,337.47 FEET
TO THE POINT OF BEGINNING,
hereinafter referred to as"the Property,"and
WHEREAS,Property Owner has received the Board of County Commissioners conditional approval
ofUSR23-0041,and
WHEREAS, the Property Owner facility will generate additional vehicles and heavy traffic directly
associated with USR23-0041,for an extended period of time;and
WHEREAS, the County and Property Owner are desirous of agreeing to terms involving regulation
of haul routes, traffic control, and road wear arising from such additionaltraffic.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants
contained herein,the parties hereto promise,covenant and agree as follows:
Part I: SITE SPECIFIC PROVISIONS
A. Reserved
DCP Operating Company LP-USR23-0041-RMCA25-0019
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B. HauUTravel Routes:The Property Owner shall be fmancially responsible for its proportional share
(based on ESAL method trip counts)of the associated costs for maintaining and/or improving designated
haul/travel routes.
1.0 Haul Routes.The following roads are designated as haul/travel routes for the Property:
1)East and west along County Road 44 between County Road 35 and Highway 85.
2)North and south along County Road 35 between the approved site access and County Road 44.
2.0 Haul trucks shall enter and exit the site at the approved access(es)on CR 35 and travel north to the
nearest paved road for further dispersal.Any County roads used by traffic associated with USR23-0041 may
become part of the established haul/travel routes.
3.0 Notice of Construction. A pre-construction inspection and a post-construction inspection shall be
performed by County personnel to determine the site-specific condition of the road.The Property Owner shall
provide the Weld County Departments of Public Works and Planning Services with two weeks advance notice
of the start of construction activities authorized by the USR permit and shall give additional notice within two
weeks after construction has been completed.
4.0 Weight Limits.No travel vehicles may exceed CDOT required specifications for pounds-per-axle and
axle configurations unless overweight permits have been applied for and granted.
5.0 Temporary Deviations. In unusual or rare occasions, if projects mandate deviation from the
above-mentioned haul/travel route for a limited period(six months or less), Weld County Planning Services
may authorize, in writing,the deviation. In that circumstance, haul/travel vehicles will utilize paved county
roads whenever possible.A deviation from the established haul/travel route lasting more than six(6)months
or requests for one(1)or more deviations within a 12-month period shall authorize the County to change the
haul/travel routes designated herein and provide notice to the Property Owner.
6.0 Haul Route Signage. Property Owner shall install travel route signs, if applicable, as per Manual of
Uniform Traffic Control Devices standards, at all exit points of the Property which can be clearly seen by
drivers leaving the facility and which clearly depict County approved travel routes.
7.0 No Deviation from Permitted Haul Routes. Except as authorized by the Board pursuant to this
Agreement,no use of any roads other than those specifically authorized for use in this Agreement is permitted
without the prior written amendment of this Agreement.
•
C. Maintenance Requirements:
r.15 Off:Site Dust Control/Abatement. The Property Owner is required to pay dust abatement along
affected haul route roads,as determined by the County.County will determine the proportionate share of dust
control to be paid by Property Owner.The amount and extent of dust control measures will be determined by
site-specific conditions at the time, as reasonably determined exclusively by County personnel. The County
reserves the right to install traffic counters on the driveway(s) of the Property Owner's facility. The County
will have sole responsibility for determination of the percentage of haul route traffic on all affected roads.
1.1 Dust Control Prior to Start of Construction.During the required two-week construction notice,
Property Owner shall arrange for chemical application dust abatement to be applied along the affected
Haul Route,especially along the intersection of County Road 40 west and County Road 35 south prior
to the start of construction on the site and use of the Haul Route.
DCP Operating Company LP—USR23-0041—RMCA25-0019
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1.2 Dust Control During Construction. If necessary,as determined by the County,the Property
Owner shall cause to be performed within 14 days of notification,at its sole expense,dust control by
a contractor approved by Weld County Public Works during the construction period of the
development.
2.0 Obligation to Maintain Current and Future Haul Routes. Property Owner will be financially
responsible for the excavation,repair,and patching of any damage on current or future haul route roads,which
in the sole,reasonable opinion of County has been created by vehicle traffic to and from the Property.Should
Property Owner's site activities or vehicle circulation patterns change in the future so that County approves an
alternate haul route,and all or a significant portion of Property Owner's sourced traffic no longer utilizes the
above-described haul route and instead utilizes other portions of County roads,Property Owner shall cooperate
with County in maintenance of said roads which are included within the new haul route.The type and method
of repair will be determined by the County Engineer or his representative.Repairs shall commence within 72
hours of notification by the County for any roadway damage that exposes the driving public to adverse or
unsafe driving conditions.All other repairs shall commence within thirty(30)days of receipt of Weld County's
written notice.
2.1 Need for Immediate Repairs.In the event of damage to an Approved Haul Route by Project traffic
that causes an immediate threat to public health and safety or renders the road impassible
("Significant Damage"),County shall,after inspection,notify Property Owner of such Significant
Damage.Property Owner shall identify the repair required and shall consult with County on the
extent, type, timing, materials and quality of repair (i.e. temporary versus permanent) within
twenty-four(24)hours after receipt of such notice and shall commence such repair within seventy-
two(72)hours after receipt of such notice. If Property Owner identifies Significant Damage prior
to receiving notice thereof from County, Property Owner may commence repair of such
Significant Damage and shall concurrently notify County of the extent,type,timing,materials and
quality of repair(i.e.temporary versus permanent).
2.2 In County's sole discretion, County may undertake the repairs and/or improvements. Property
Owner's payment for its Proportionate Share of the road repairs/improvements will be calculated
as described in this Agreement.
3.0 Proportionate Share of Road Maintenance Responsibilities:
3.1 Property Owner shall pay its Proportionate Share of costs of paving,repairs, or maintenance of
any particular Haul Route Road. Property Owner's Proportionate Share shall be based upon the
percentage of traffic on the road that is attributable to Property Owner's facility.County personnel
will determine the percentage based on then current Equivalent Single Axle Load(ESAL)Counts.
Property Owner shall not be responsible for traffic that is not sourced from the Property Owner's
facility.
3.2 The County shall notify Property Owner of County's preliminary determination and assessment
of Property Owner's proportionate share of costs. Prior to County's final determination and
assessment, County shall provide Property Owner with a reasonable opportunity to review,
comment upon and supplement County's data, collection methodology, and determinations. The
County shall review and consider Property Owner's input prior to making a final determination
and assessment.The County shall have sole responsibility for determination of Property Owner's
proportionate share of costs.
Part II: GENERAL PROVISIONS
A. General Requirements:
DCP Operating Company LP—USR23-0041—RMCA25-0019
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1.0 Permits:Property Owner is required to apply for and receive all permits required by the County or any
other applicable local,State,or federal permit,including but not limited to:
1.Access Permits.Property Owner shall not use any access onto any County road unless and until an
access permit has been issued by the Department of Planning Services. Planning Services may
condition the issuance of an updated access permit on the amendment of this Agreement if the updated
access permit authorizes the use of an additional access point, or if there is a change in use of the
current access point,as permitted by Article XIV of Chapter 8 of the Weld County Code.
2.Right-of-Way(ROW)Permits.Per Article XIII of Chapter 8 of the Weld County Code, any work
occurring within County ROW requires a ROW permit issued by the Department of Public Works.No
work shall occur without said ROW permit.
3.Transport Permits.Per Article XV of Chapter 8 of the Weld County Code,a Weld County Transport
Permit is required for Extra-legal vehicles using Weld County roadways to ensure the operation and
movement of Extra-legal Vehicles and Loads occurs in a safe and efficient manner.
2.0 Liability for Damage to Road.Property Owner shall be financially responsible for any and all damage
caused to any Weld County Road as a result of the design and construction of the site-specific Use associated
with USR23-0041, without regard to the negligence, or lack thereof, of Property Owner or its agents. This
provision shall survive Termination of this Agreement pursuant to section B.2.0,below, and shall be of no
further force and effect two years after termination of this Agreement.
B. Violations of Agreement and Remedies
1.0 Violation of Terms of Agreement.If in County's reasonable opinion,Property Owner has violated any
of the terms of this Agreement,County shall so notify Property Owner and shall state with specificity the facts
and circumstances which County believes constitute the violation.Property Owner shall have thirty(30)days
within which to either cure the violation or demonstrate compliance.Thereafter,County may seek any remedy
described in this Agreement or otherwise provided by law.
2.0 Termination of Agreement.This Agreement shall terminate upon the earliest of the following events:
2.1 Cessation of all Permit Related Activities. Termination of this Agreement shall occur upon
Property Owner's complete cessation of all activities permitted by the USR.A partial cessation of
activities shall not constitute a Termination of this Agreement,nor shall County's issuance of a
partial release constitute a Termination. Unless informed in writing by the Property Owner of
cessation of activities, and verified by the County, cessation shall be presumed if the County
determines that the USR has been inactive for three(3)years.
2.2 Execution of Replacement Agreement. This Agreement shall terminate following County's
execution of a new Improvements Agreement with a new Property Owner or Operator who has
purchased the Property or has assumed the operation of the business permitted by the USR and
intends to make use of the rights and privileges available to it through the then existing USR.
2.3 Revocation of USR. This Agreement shall terminate following County's revocation of Property
Owner's USR, except that the Property Owner shall only be released from this Agreement after
the successful completion of all improvements required under this Agreement.
DCP Operating Company LP—USR23-0041—RMCA25-0019
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2.4 Completion of Construction. This Agreement shall terminate following Property Owner's
completion of construction of the facilities authorized by the underlying USR.Property Owner
shall notify the County of completion.
3.0 Revocation of USR.Property Owner acknowledges that failure to comply with the material terms of
this Agreement constitutes cause to revoke the USR,and County may exercise this option in its sole reasonable
discretion by proceeding with revocation under the then current provisions of the Weld County Code.
4.0 Court Action.Upon notice of violation and failure to cure within the time permitted by this Agreement,
County may seek relief in law or equity by filing an action in the Weld County District Court.
C. Miscellaneous Provisions.
1.0 1.0 Successors and Assigns.
1.1 Property Owner may not delegate, transfer, or assign this Agreement in whole or in part,
without the prior express written consent of County and the written agreement of the party to whom
the obligations under this Agreement are assigned. Consent to a delegation or an assignment will not
be unreasonably withheld by County. In such case, Property Owner's release of its obligations shall
be accomplished by County's execution of a new Improvements Agreement with the successor owner
of the property.
1.2 County's rights and obligations under this Agreement shall automatically be delegated,
transferred, or assigned to any municipality which, by and through annexation proceedings, has
assumed jurisdiction and maintenance responsibility over any such delegated,transferred,or assigned
roads affected by this Agreement.
2.0 Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable by a court of competent jurisdiction,this Agreement shall be construed and enforced without
such provision,to the extent that this Agreement is then capable of execution within the original intent of the
parties.
3.0 Governmental Immunity.No term or condition of this contract shall be construed or interpreted as a
waiver,express or implied, of any of the immunities,rights,benefits,protections or other provisions,of the
Colorado Governmental Immunity Act§§24-10-101 et seq.,as applicable now or hereafter amended.
4.0 No Third-Party Beneficiary.It is expressly understood and agreed that the enforcement of the terms
and conditions of this Agreement,and all rights of action relating to such enforcement,shall be strictly reserved
to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action
whatsoever by any other person not included in this Agreement.It is the express intention of the undersigned
parties that any entity other than the undersigned parties receiving services or benefits under this Agreement
shall be an incidental beneficiary only.
5.0 Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and
incorporated herein, contains the entire agreement between the parties with respect to the subject matter
contained in this Agreement. This instrument supersedes all prior negotiations, representations, and
understandings or agreements with respect to the subject matter contained in this Agreement.This Agreement
may be changed or supplemented only by a written instrument signed by both parties.
6.0 Board of County Commissioners of Weld County Approval.This Agreement shall not be valid until
it has been approved by the Board of County Commissioners of Weld County,Colorado or its designee.
DCP Operating Company LP—USR23-0041—RMCA25-0019
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7.0 Choice of Law/Jurisdiction.Colorado law,and rules and regulations established pursuant thereto,shall
be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or
incorporated herein by reference which conflicts with said laws,rules and/or regulations shall be null and void.
In the event of a legal dispute between the parties,the parties agree that the Weld County District Court shall
have exclusive jurisdiction to resolve said dispute.
8.0 Attorneys' Fees/Legal Costs. In the event of a dispute between County and Property Owner,
concerning this Agreement,the parties agree that each party shall be responsible for the payment of attorney
fees and/or legal costs incurred by or on its own behalf.
9.0 Release of Liability.Property Owner shall indemnify and hold harmless the County from any and all
liability, loss and damage County may suffer as a result of all suits, actions, or claims of every nature and
description caused by,arising from,or on account of the design and construction of improvements, and pay
any and all judgments rendered against the County on account of any such suit, action or claim, and
notwithstanding Section 7.0 above, together with all reasonable expenses and attorney fees incurred by the
County in defending such suit,action or claim whether the liability,loss or damage is caused by,or arises out
of the negligence of the County or its officers,agents,employees,or otherwise except for the liability,loss,or
damage arising from the intentional torts or the gross negligence of the County or its employees while acting
within the scope of their employment. All contractors and other employees engaged in construction of the
improvements shall maintain adequate worker's compensation insurance and public liability insurance
coverage and shall operate in strict accordance with the laws and regulations of the State of Colorado governing
occupational safety and health.
10.0 Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any extra-
judicial body or person.Any provision to the contrary in this Agreement or incorporated herein by reference
shall be null and void.
11.0 Authority to Sign.Each person signing this Agreement represents and warrants that he or she is duly
authorized and has legal capacity to execute and deliver this Agreement.Each party represents and warrants
to the other that the execution and delivery of the Agreement and the performance of such parry's obligations
hereunder have been duly authorized,and that the Agreement is a valid and legal agreement binding on such
party and enforceable in accordance with its terms.If requested by the County,Property Owner shall provide
the County with proof of Property Owner's authority to enter into this Agreement within five (5) days of
receiving such request.
12.0 Acknowledgment. County and Property Owner acknowledge that each has read this Agreement,
understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the
attached or incorporated Exhibits, is the complete and exclusive statement of agreement between the parties
and supersedes all proposals or prior agreements,oral or written,and any other communications between the
parties relating to the subject matter of this Agreement.
13.0 Notwithstanding any other provision contained in this Agreement,for any conflict or potential conflict
between any term in this Agreement and the Resolution of the Board of County Commissioners approving the
underlying land use permit,the provisions of the Board's Resolution shall control.In the event of a discrepancy
between this agreement and the Weld County Code in effect at the time of the agreement,the terms of the
Weld County Code shall control.
DCP Operating Company LP—USR23-0041—RMCA25-0019
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Carly Koppes, Clerk and Recorder, Weld County , CO
1111 II « IANIQi l 'I 1Ylh 11111
PROPERTY OWNER:DCP OPERATING COMPANY,LP
By Date / ///2 2,5
Name:Bryan K.White
Title: Senior Project Manager
NATALIE LOBO
STATE OF COLORADO NOTARY PUBLIC
STATE OF COLORADO
ss. NOTARY ID MY COMMISSION 20244026714
2EXP EXPIRES County of tgc��(,r►kS )
The foregoing instrument was acknowledged before me this day of December,
2025,by Bryan K.White,Senior Project Manager for DCP Operating Company,LP.
WITNESS my hand and official seal.
Notary Public
WELD COUNTY:
A1-1'hST: '° '� � BOARD OF COUNTY COMMISSIONERS
Weld unty Clerk to the Board WELD COUNTY,COLORADO
BY: ��((
kA
puty Clerk to the oard erry L.B ek,Chair
, , • ••,� CEC 3 1 2025
`, Ia\
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1
DCP Operating Company LP—USR23-0041—RMCA25-0019
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Carly Koppes, Clerk and Recorder, Weld County , CO
I�.111KIPA ill V,IN/1161111111111 2 oZ5-3S95
Contract Firm
I Entity Information
Entity Name* Entity ID* ❑New Entity?
DCP OPERATING COMPANY LP @00040422
Contract Name* .- Contract ID Parent Contract ID
' ROAD MAINTENANCE DURING CONSTRUCTION 10154
AGREEMENT USR23-0041 DCP OPERATING COMPANY, Requires Board Approval
LP Contract Lead* YES
JTRUJILLOMARTINEZ
Contract Status Department Project#
Contract Lead Email
CTB REVIEW
jtrujillomartinez@weld.go
v
Contract Description*
ROAD MAINTENANCE DURING CONSTRUCTION AGREEMENT USR23-0041 DCP OPERATING COMPANY, LP NO
COLLATERAL REQUIRED
Contract Description 2
Contract Type* Department Requested BOCC Agenda Due Date V
AGREEMENT PLANNING Date* 12/13/2025
12/17/2025
Amount* Department Email
$0.00 CM-Planning@weld.gov Will a work session with BOCC be required?*
Renewable* Department Head Email NO
NO CM-Planning- Does Contract require Purchasing Dept. to be
DeptHead@weld.gov included?
Automatic Renewal
County Attorney NO
Grant GENERAL COUNTY
IGA ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WEL
D.GOV V
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Note: the Previous Contract Number and Master ServicesAgreement Number should be left blank if those contracts
are not in OnBase
•
Contract Dates
_
; Effective Date Review Date* Renewal Date
12/17/2026
Termination Notice Period Expiration Date*
Committed Delivery Date 12/17/2027
Contact Information
;
Contact Info
Contact Name Contact Type Contact Email Contact Phone 1 -Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process •
Department Head Finance Approver Legal Counsel
DAWN ANDERSON RUSTY WILLIAMS BYRON HOWELL
DH Approved Date Finance Approved Date Legal Counsel Approved Date
12/23/2025 12/23/2025 12/23/2025
Final Approval
BOCC Approved Tyler Ref#
AG123125
BOCC Signed Date
Originator
BOCC Agenda Date JTRUJILLOMARTINEZ
Resolution
Approve Use by Special Review Permit, USR23-0041, for Oil and Gas Support and
Service (compressor station) outside of subdivisions and historic townsites in the
A(Agricultural) Zone District— DCP Operating Company, LP
Whereas, the Board of County Commissioners of Weld`ounty, 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 24th day of
September,2025,at the hour of 10:00 a.m., in the Chambers of the Board,for the purpose
of hearing the application of DCP Operating Company, LP, 6900 East Layton Avenue,
Suite 900, Denver, Colorado 80237, for Use by Special Review Permit, USR23-0041, for
Oil and Gas Support and Service(compressor station)outside of subdivisions and historic
townsites in the A (Agricultural)Zone District,on the following described real estate, being
more particularly described as follows:
Part of the SW1/4 of Section 25, Township 4 North, Range 66 West of the
6th P.M., Weld County, Colorado
Whereas, at said hearing, the applicant was represented by Patrick Groom, Witwer,
Oldenburg, Barry and Groom, LLP, 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. The applicant has demonstrated that the request is in conformance 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.
1) Section 22-2-30.A.1 states: "Land use changes should not inhibit
agricultural production nor operations."The request for a compressor
station does not inhibit agricultural production or operations. The
proposal is located on rangeland and has recently been a part of a
Use by Special Review (USR) for Open Mining (topsoil),
2025-2599
PL2968
Use by Special Review Permit, USR23-0041 —DCP Operating Company, LP
Page 2
USR23-0018, recorded December 20, 2023, via Reception number
4936562. The Board of County Commissioners approved a partial
vacation of the USR on July 21, 2025, resulting in approximately 40
acres being vacant. The property has not recently been farmed and,
therefore, the proposed use will not negatively impact agricultural
production and operations.
2) Section 22-2-60.B states: "Support responsible energy and mineral
development." The request for a compressor station supports the
local economy and the oil and gas industry by supporting the service
of energy development and providing an alternative fuel source.
3) Section 22-2-60.B.3 states: "Require that energy and mineral
resource development conserve the land and minimize the impact
on surrounding land and the existing surrounding land uses." The
proposed compressor station is located in an area of the County that
already contains oil and gas operations and facilities. The proposed
site is surrounded by agricultural fields and few residents. Once the
construction is completed disturbed areas will be reseeded with a
native seed mix.
B. Section 23-2-230.B.2—The proposed use is consistent with the intent of the
A (Agricultural) Zone District.
1) Section 23-3-10 — Intent, states: "Agriculture in the County is
considered a valuable resource, which must be protected from
adverse impacts resulting from uncontrolled and undirected
business, industrial and residential land uses. The A (Agricultural)
Zone District is established to maintain and promote agriculture as
an essential feature of the county. The A (Agricultural) Zone District
is intended to provide areas for the conduct of agricultural activities
and activities related to agriculture and agricultural production, and
for areas for natural resource extraction and energy development,
without the interference of other, incompatible land uses."
2) Section 23-3-40.V — Uses by Special Review of the Weld County
Code allow for an "Oil and Gas Support and Service" facility in Lots
outside of a subdivision and historic townsite in the A (Agricultural)
Zone District. This Code Section allows the applicant to apply for the
Pintail Compressor Station, which directly supports the oil and gas
industry in energy development. Section 23-1-90 states that Oil and
Gas Support and Service includes natural gas compressor stations,
which allows the applicant to apply for a compressor station.
2025-2599
PL2968
Use by Special Review Permit, USR23-0041 — DCP Operating Company, LP
Page 3
C. Section 23-2-230.B.3—The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent lands consist of
pastures,crops, and rural residences. There are two (2)residences that are
approximately 0.30 miles from the subject property line, one (1)to the west
of the subject property, and one (I) to the south. There is currently a USR
on the property for Open Mining (USR23-0018). The applicant has
submitted a partial vacation for the USR that was approved by the Board of
County Commissioners on July 21, 2025. The map outlining the partial
vacation has been reviewed and accepted by planning staff. Within one (1)
mile of the subject property there are eight(8)USRs with the uses, including
a dairy for up to 800 cows (SUP-442), a natural gas compression station
(SUP-355),two (2)greater than 12-inch high pressure natural gas pipelines
(USR17-0050 and USR18-0094), a non-1041 major facility(USR12-0006),
a natural gas processing facility (USR-355AM), and a mineral resource
development facility(5MJUSRI7-83-542).The Weld County Department of
Planning Services sent notice to eight (8) surrounding property owners
(SPOs)within 500 feet. One (1)letter was received on December 18, 2023,
outlining concerns regarding the property owner's son being extremely
sensitive to noise, the property owner suffering from migraines, and the
proposed project producing too much noise for herself and her son. This
letter was originally sent to the applicant on December 21, 2023. The
proposed use is in an area that can support this development the Conditions
of Approval and Development Standards will assist in mitigating the impacts
of the facility on the adjacent properties and ensure compatibility with
surrounding land uses and the region.
D. Section 23-2-230.B.4—The uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
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. This site is located within the three (3) mile referral area of
the Town of Gilcrest and is located within the Coordinated Planning Area of
the Town of Gilcrest and the City of Evans.The applicant submitted a Notice
of Inquiry (NOI)form, dated August 4, 2023, from the City of Evans stating
the property is located outside the Evans Urban Growth Boundary, and they
would not like to pursue annexation at this time. The Town of Gilcrest did
not submit a NOI or referral agency response. The site is located outside of
the Town of Gilcrest's and the City of Evans's Growth Management Areas,
as shown on their respective future land use maps.
E. Section 23-2-230.B.5 — The application complies with Chapter 23,
Articles V and XI, of the Weld County Code. The property is not within any
recognized overlay districts, including the Geologic Hazard Overlay District,
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the Special Flood Hazard Development Overlay area, the Airport Overlay
District, Historic Townsites Overlay District, 1-25 Overlay District, the
Municipal Separate Storm Sewer Systems (MS4) defined boundary or
Agricultural Heritage Overlay District. Building Permits issued on the lot will
be required to adhere to the fee structure of the County-Wide Road Impact
Fee, County Facility Fee, and Drainage Impact Fee Programs.
F. Section 23-2-230.B.6— The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use.The proposed facility is located on a parcel with approximately 17 acres
designated as Vona loamy sand (0-3%) low slopes, that are designated as
"Farmland of local importance", and approximately three (3) acres
designated as Valent sand (3-9%)moderate slopes, that are designated as
"Not prime farmland". The proposed use is temporary, and soils will not be
unduly removed from the property. After the lease period, the land can be
returned to historic uses.
G. Section 23-2-230.B.7 — The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards can ensure that
there are adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County. This proposal
has been reviewed by the appropriate referral agencies, and it has been
determined that the attached 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 and will address and mitigate impacts on the surrounding area with
the operation of this facility.
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado,that the application of DCP Operating Company, LP,for Use by Special Review
Permit, USR23-0041, for Oil and Gas Support and Service (compressor station) outside
of subdivisions and historic townsites in the A(Agricultural)Zone District, on the parcel of
land described above, be, and hereby is, granted subject to the following conditions:
1. Prior to recording the map:
A. The applicant shall address the comments from Weld County Office of
Emergency Management, as stated in the referral response, dated
August 20, 2025. Evidence of such shall be submitted, in writing, to the
Weld County Department of Planning Services.
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B. A Road Maintenance Agreement, for construction only, is required at this
location. Road maintenance includes, but is not limited to, dust control and
damage repair to specified haul routes.
C. If applicable, the applicant shall submit a recorded copy of a License
Agreement from the property owner of the contiguous parcel to the west
(Parcel number 105725300020). The License Agreement shall be for the
benefit of the subject parcel and shall provide legal access (for ingress,
egress, and utilities) from the subject parcel to County Road 35 and shall
be referenced on the USR map by the Weld County Clerk and Recorder's
Reception number.
D. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR23-0041.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The applicant shall delineate the trash collection areas on the map.
Section 23-3-350.H of the Weld County Code addresses the issue of
trash collection areas.
5) The map shall delineate the proposed landscaping and screening.
6) The map shall delineate the lighting.
7) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2, of the Weld County Code.
8) The applicant shall show and label the location of any emergency
and site identification signage.
9) The map shall delineate the off-street parking area for the employees
with surface type.
10) The applicant shall show and label all recorded easements and
rights-of-way on the map by book and page number or Reception
number and recording date.
11) County Road 35 is a gravel road and is designated on the Weld
County Functional Classification Map as a collector road, which
requires 80 feet of right-of-way at full buildout. The applicant shall
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delineate and label the future and existing right-of-way (along with
the documents creating the existing right-of-way) and the physical
location of the road on the site map. All setbacks shall be measured
from the edge of the right-of-way. This road is maintained by Weld
County.
12) The applicant shall show and label the approved County Road 35
access, the approved access width at the right-of-way, and the
appropriate turning radii (65'). Label the access as, "COMMERCIAL
ACCESS".
13) The applicant shall show and label the approved tracking control on
• the site plan.
14) The applicant shall show and label the entrance gate, if applicable.
An access approach that is gated shall be designed so that the
longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed. In no event shall the
distance from the gate to the edge of the traveled surface be less
than 35 feet.
15) The applicant shall show and label (with the Weld County Clerk and
Recorder's Reception number) the limits of the License Agreement
needed to provide legal access to the subject parcel, if applicable.
16) The applicant shall show and label the accepted drainage features.
Stormwater ponds should be labeled as, "Stormwater Detention,
No-Build or Storage Area"and shall include the calculated volume.
17) The applicant shall show and label the site drainage flow arrows.
18) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the map the applicant
shall submit a Mylar map along with all other documentation required as Conditions
of Approval. The Mylar map shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The map shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. The Mylar map and additional requirements shall be submitted
within 120 days from the date of the Board of County Commissioners Resolution.
The applicant shall be responsible for paying the recording fee.
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3. In accordance with Appendix 5-J of the Weld County Code, should the map not be
recorded within the specified timeline from the date of the Board of County
Commissioners Resolution, a$50.00 recording continuance fee shall be added for
each additional three (3)-month period.
4. The Use by Special Review Permit is not perfected until the Conditions of Approval
are completed and the map is recorded. 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 or the applicant has been approved for an early release agreement.
5. Prior to Construction:
A. The applicant shall obtain a Weld County Access Permit.
B. The approved access and tracking control shall be constructed.
C. If more than one (1)acre is to be disturbed, a Weld County Grading Permit
will be required.
Use by Special Review Permit
Development Standards
DCP Operating Company, LP
USR23-0041
1. Use by Special Review Permit, USR23-0041, is for Oil and Gas Support and
Service (compressor station) outside of subdivisions and historic townsites in the
A(Agricultural) Zone District.
2. Approval of this plan may create a vested property right, pursuant to
Section 23-8-10 of the Weld County Code.
3. This is an unmanned facility, according to the application materials.
4. The facility will operate 24 hours per day, 7 days per week, according to the
application materials.
5. All signs shall adhere to Chapter 23, Article IV, Division 2, of the Weld County
Code.
6. Sources of light shall be shielded so that light rays will not shine directly onto
adjacent properties where such would cause a nuisance or interfere with the use
on the adjacent properties in accordance with the plan. Neither the direct, nor
reflected, light from any light source may create a traffic hazard to operators of
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motor vehicles on public or private streets. No colored lights may be used, which
may be confused with, or construed as, traffic control devices.
7. The property owner or operator shall be responsible for controlling noxious weeds
on the site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
8. The access to the site shall be maintained to mitigate any impacts to the public
road, including damages and/or off-site tracking.
9. There shall be no parking or staging of vehicles on public roads. On-site parking
shall be utilized.
10. Any work that may occupy and/or encroach upon any County rights-of-way or
easement shall require an approved Right-of-Way Use Permit, prior to
commencement.
11. The property owner shall comply with all requirements provided in the executed
Road Maintenance Agreement(Construction).
12. The Road Maintenance Agreement for this site may be reviewed on an annual
basis, including a site visit and possible updates.
13. 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
stormwater runoff.
14. Weld County is not responsible for the maintenance of on-site drainage related
features.
15. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and
Facilities Act, C.R.S. §30-20-100.5)shall be stored and removed for final disposal
in a manner that protects against surface and groundwater contamination.
16. 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, C.R.S. §30-20-100.5.
17. Waste materials shall be handled, stored, and disposed of in a manner that
controls fugitive dust, blowing debris, and other potential nuisance conditions. The
facility shall operate in accordance with Chapter 14, Article I of the Weld County
Code.
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18. Fugitive dust should attempt to be confined on the property. Uses on the property
should comply with the Colorado Air Quality Commission's Air Quality Regulations.
19. The applicant shall submit an Air Pollution Emission Notice (APEN)and Emissions
Permit Application and obtain a permit from the Air Pollution Control Division of the
Colorado Department of Public Health and Environment, as applicable.
20. Adequate drinking, handwashing and toilet facilities shall be provided for
employees and patrons of the facility,at all times.As employees or contractors are
on site for less than two (2) consecutive hours a day portable toilets and bottled
water are acceptable. Records of maintenance and proper disposal for portable
toilets shall be retained on a quarterly basis and available for review by the Weld
County Department of Public Health and Environment. Portable toilets shall be
serviced by a cleaner licensed in Weld County, contain hand sanitizers and be
screened from existing adjacent residential properties and public rights-of-way.
21. All chemicals must be handled in a safe manner in accordance with product
labeling. All chemicals must be stored secure, on an impervious surface, and in
accordance with manufacturer's recommendations.
22. Secondary containment shall be constructed around tanks to provide containment
for the largest single tank and sufficient freeboard to contain precipitation.
Secondary containment shall be sufficiently impervious to contain any spilled or
released material. Secondary containment devices shall be inspected at regular
intervals and maintained in good condition. All secondary containment shall
comply with the Energy and Carbon Management Commission (ECMC)
Commission Rules.
23. The facility shall comply with all provisions of the State Underground and Above
Ground Storage Tank Regulations.
24. The facility shall adhere to the maximum permissible noise levels allowed in the
Residential Zone, as delineated in Section 14-9-40 of the Weld County Code.
25. The applicant shall obtain a Colorado Discharge Permit System or CDPS Permit
from the Colorado Department of Public Health and Environment(CDPHE), Water
Quality Control Division, if applicable.
26. The facility shall be constructed and operated to ensure that contamination of soil
and groundwater does not occur.
27. The facility shall notify the County of any revocation and/or suspension of any
State-issued permit.
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28. The facility shall notify the County upon receipt of any compliance advisory or other
notice of non-compliance of a State-issued permit, and of the outcome or
disposition of any such compliance advisory or other notice of non-compliance.
29. The operation shall comply with all applicable rules and regulations of state and
federal agencies and the Weld County Code.
30. Building Permits may be required for any new construction,set up of manufactured
structures, or change of use of existing buildings, per Section 29-3-10 of the Weld
County Code. Buildings and structures 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: 2018 International Codes, 2018 International
Energy Conservation Code, 2023 National Electrical Code, and Chapter 29 of the
Weld County Code. A Building Permit application must be completed and two (2)
complete sets of engineered plans, bearing the wet stamp of a Colorado registered
architect or engineer, must be submitted for review. A Geotechnical Engineering
Report, performed by a Colorado registered engineer, or an Open Hole Inspection
shall be required.A Building Permit must be issued prior to the start of construction.
31. The property owner or operator shall be responsible for complying with the Design
and Operation Standards of Chapter 23 of the Weld County Code.
32. 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.
33. 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.
34. 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.
35. Construction or use pursuant to approval of a Use by Special Review Permit shall
be commenced within three (3) years from the date of approval, unless otherwise
specified by the Board of County Commissioners when issuing the original Permit,
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or the Permit shall be vacated. The Director of the Department of Planning
Services may grant an extension of time, for good cause shown, upon a written
request by the landowner.
36. A Use by Special Review shall terminate when the use is discontinued for a period
of three (3) consecutive years, the use of the land changes or the time period
established by the Board of County Commissioners through the approval process
expires. The landowner may notify the Department of Planning Services of a
termination of the use, or Planning Services staff may observe that the use has
been terminated. When either the Department of Planning Services is notified by
the landowner, or when the Department of Planning Services observes that the
use may have been terminated, the Planner shall send certified written notice to
the landowner asking that the landowner request to vacate the Use by Special
Review Permit.
The Board of County Commissioners of Weld County,Colorado,approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 24th day of September, A.D., 2025:
Perry L. Buck, Chair: Aye ♦� /,`
Scott K. James, Pro-Tem:Aye �,�
Jason S. Maxey: Aye I . A
Lynette Peppier: Aye
Kevin D. Ross: Aye 'o1 °.
-..I
Approved as to Form: ,�®����
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
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