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MEMORANDUM
TO: Clerk to the Board
itT r r DATE: January 27,2026
vim
14 J FROM: Jazmyn Trujillo-Martinez, Planning Services Dept.
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SUBJECT: BOCC Agenda Item-Approve Road Maintenance
Agreement For:
Kerr McGee Oil&Gas Onshore LP-1041 WOGLA24-0036-1041 WOGLA-AMD25-0150
Request to Approve Road Maintenance Agreement:
The Department of Planning Services received a request from the applicant, Kerr McGee Oil
& Onshore LP, requesting that the Board of County Commissioners consider approving the
Road Maintenance Agreement for (1041WOGLA24-0036/1041WOGLA-AMD25-0150). No
collateral is required with this agreement.
The Oil and Gas Energy Department's hearing for 1041 WOGLA-AMD25-0150 was scheduled
for January 8, 2026.
Weld County Planning Services, Public Works, and Oil and Gas Energy Departments 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 WOGLA Permit, as signed by the
Director of Oil and Gas Energy Department.
• This Agreement follows the template approved by the County Attorney.
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
1041 WOGLA24-0036/1041 WOGLA-AMD25-0150, and that this item be placed on the next
regularly scheduled BOCC Hearing, as part of the Consent Agenda.
cc: Dawn Anderson, Planning Services
2026-0725
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ROAD MAINTENANCE
IMPROVEMENTS AGREEMENT
Kerr McGee Oil&Gas Onshore LP— 1041 WOGLA24-0036— 1041 WOGLA-AMD25-0150
THIS AGREEMENT is made this 11th day of December, 2025,by and between Kerr McGee Oil
&Gas Onshore LP,a limited partnership organized under the laws of the State of Delaware,whose address
is 1099 18th Street, Suite 700, Denver, Colorado 80202, hereinafter referred to as "Operator," 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,"Operator"is the responsible party of the 1041 Weld Oil&Gas Location Assessment
(1041WOGLA)permit located on the following described property in the County of Weld,Colorado:
NW1/4 SW1/4 of Section 20,Township 1 North, Range
66 West of the 6th P.M.,Weld County,Colorado
hereinafter referred to as "the Property,"and
WHEREAS, Operator has received approval by the Hearing Officer of the Oil and Gas Energy
Department for 1041WOGLA24-0036, and
WHEREAS, Operator acknowledges that the final approval of 1041 WOGLA24-0036 is
conditional upon Operator's agreement to fund road maintenance,as described in this Agreement.
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. PRIOR TO CONSTRUCTION AND OPERATIONS:
1.0 Haul Routes: The Operator shall provide haul routes to be reviewed and approved by the
Department of Public Works.The Operator shall be fmancially responsible for its proportional share of the
County's costs associated with maintaining and/or improving designated haul/travel routes as related to
traffic generation.Traffic generated from this site shall enter and exit at the approved access on CR 27 and
travel to the nearest paved arterial or collector road, or highway, and remain on paved roads for further
dispersal.Any County roads used by traffic associated with 1041WOGLA24-0036 may become part of the
established haul/travel routes.
1.1 Haul Routes. The following roads are designated as haul/travel routes for any time period
designated as construction or high-volume traffic to and from the Property:
1)See"EXHIBIT A"-Haul Route Map.
2)The haul route shall remain in effect during all times of heavy road use including but not
limited to,construction,drilling of wells,and hydraulic fracturing.
Kerr McGee Oil&Gas Onshore LP—1041 WOGLA24-0036—1041 WOGLA-AMD25-0150—RMA25-0023
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2.0 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 Operator 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 1041 WOGLA permit and shall give additional
notice within two weeks after construction has been completed.
3.0 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. Operator is
responsible for researching weight limited bridges and obtaining a Special Transport Permit in accordance
with Chapter 8, Article XV, when establishing haul routes, and furthermore, must follow County
overweight permit and regulations.
4.0 Temporary Deviations.The Weld County Department of Planning Services Director may approve
temporary(six months or less)deviations from the haul routes described above. To receive such approval,
the Operator must submit an updated haul route map and written request stipulating the reasons for the
deviation,which will be reviewed County personal.Any change in haul route lasting more than six months
shall require an amendment to this Agreement approved by the Board of County Commissioners.
5.0 Haul Route Signage. Operator 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.
6.0 No Deviation from Permitted Haul Routes. Except as authorized by the Weld County Board of
County Commissioners or the Director of the Department of Weld County Planning Services,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.
B. Maintenance Requirements:
1.0 Off-site recurring maintenance, if applicable, and as required by the Departments of Planning
Services,Public Works,and Oil and Gas Energy,shall only be performed by a County approved contractor
and have a county Right-of-Way permit for that specific location:
2.0 Dust Control. Operator shall be financially responsible for maintaining dust control on unpaved
designated haul/travel routes during any period of construction,heavy truck traffic,and/or high-volume trip
generation. The amount and extent of dust control will be coordinated with Public Works Gravel Roads
Division by site-specific conditions at the time. Operator shall use a County-pre-approved contractor for
chemical applications. Chemical treatment of unpaved roads along the relevant haul/travel route(s) is
expected to occur approximately two to five times per year, or as required by Public Works. If traffic
associated with this use exceeds 200 vehicles per day,per Weld County Code Section 8-6-100,the Operator
shall be responsible for dust abatement.On the basis of damage or complaints,as determined by the County,
the Operator shall cause to be performed within two days of notification,at its sole expense,chemical dust
control, or other treatment, by a contractor approved by Weld County Public Works. Should the traffic
related to 1041 WOGLA24-0036 deteriorate the chemical application performed by the County, the
Operator will be responsible for re-applying chemical to return the road to pre-construction condition.
Depending on the amount of maintenance, as related to traffic associated with this use,the Department of
Public Works may require an alternative treatment method which may or may not include topical chemical
application,full-depth chemical application,recycled asphalt or other surface treatment.
3.0 Repair. Operator shall be financially responsible for its proportional share of the repair or
improvement, including but not limited to, excavation, patching, pavement and/or gravel repair, grading,
Kerr McGee Oil&Gas Onshore LP—1041 WOGLA24-0036—1041 WOGLA-AMD25-0150—RMA25-0023
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installing material on designated haul/travel routes.The amount and extent of repair and/or paving measures
will be determined by site-specific conditions at the time,as determined exclusively by County personnel.
Weld County and Operator will work together on a plan needed for repair of any roads, including who
performs the repair.Operator shall provide the County with a pre-approved contractor to be used for repairs.
4.0 Need for Immediate Repairs: In the event of damage to a designated haul/travel 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 Operator of such Significant Damage.
Operator 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 forty-eight(48)hours after receipt of such notice.If
Operator identifies Significant Damage prior to receiving notice thereof from County, Operator 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).
5.0 Repair of Road: On or before December 31 of the calendar year in which County staff has
determined through site analysis and/or pavement testing that a particular haul/travel route road portion will
require paving measures or major gravel maintenance in order to protect the public health, safety, and
welfare, and the County has budgeted sufficient funds for the following calendar year to pay its share of
the Off-Site Improvement/Repair Costs, County shall notify Operator in writing that the Off-Site
Improvements/Repairs shall be undertaken and shall provide an alternate haul route for the duration of those
repairs. In County's sole discretion, County may undertake the repairs and/or improvements. Operator's
payment for its Proportionate Share of the road repairs/improvements will be calculated as determined in
- this Agreement.Operator will be invoiced accordingly for those proportional share costs.
6.0 Calculation of Operator's Proportional Share of Costs. The County shall notify Operator of
County's preliminary determination and assessment of Operator's proportional share of costs of
maintenance, repair, or improvements to Operator's designated haul/travel routes. Prior to County's final
determination and assessment, County shall provide Operator with a reasonable opportunity to review,
comment upon and supplement County's data, collection methodology, and determinations. The County
shall review and consider Operator's input prior to making a final determination and assessment. The
County shall have sole responsibility for determination of Operator's proportional share of costs. Operator
agrees to pay such proportional share of costs within 30 days of receiving an invoice from County.
7.0 Annual Road Inspection. County may conduct a road inspection annually with the cooperation of
Operator for the haul routes designated in this Agreement. As a result of the annual inspection,County, in
its sole discretion, shall determine actual conditions and shall further determine what road
repair/improvement/maintenance work is to be performed during that construction season. Notification to
the Operator of the required roadway repairs will be given as soon as the data become available.
8.0 Notification. The County shall notify Operator of County's preliminary determination and
assessment of Operator's proportionate share of costs of maintenance, repair, or improvements to
Operator's designated haul/travel routes. Prior to County's final determination and assessment, County
shall provide Operator with a reasonable opportunity to review, comment upon and supplement County's
data,collection methodology, and determinations. The County shall review and consider Operator's input
prior to making a final determination and assessment.
PART II:GENERAL PROVISIONS
A. Permits: The Operator 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:
Kerr McGee Oil&Gas Onshore LP—1041 WOGLA24-0036—1041 WOGLA-AMD25-0150—RMA25-0023
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1.0 Access Permits.Operator 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.
2.0 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.
3.0 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.
B. Enforcement and Remedies:
1.0 Violation of Terms of Agreement. If in County's opinion, Operator has violated any of the terms
of this Agreement,County shall notify Operator of its belief that the Agreement has been violated and shall
state with specificity the facts and circumstances which County believes constitute the violation. Operator
shall have fifteen (15) days within which to either cure the violation or demonstrate compliance. If, after
fifteen (15)days have elapsed, County believes in good faith that the violation is continuing,County may
consider Operator to be in breach of this Agreement.
_ 2.0 Remedies for Breach by Operator. In the event that County determines that Operator has violated
the terms of this Agreement,and has failed to correct said violation,County may exercise any or all of the
following remedies,or any other remedy available in law or equity.
2.1 Court Action. County may seek relief in law or equity by filing an action in the Weld
District Court or Federal District Court for the District of Colorado,except that no such civil action
or order shall be necessary to access collateral for the purpose of completing improvements as
described above.
2.2 Revocation of 1041 WOGLA Permit. Operator acknowledges that failure to comply with
the terms of this Agreement constitutes cause to revoke the 1041 WOGLA, and County may
exercise this option in its sole discretion by proceeding with revocation under the current provisions
of the Weld County Code.
3.0 Termination of Agreement. This Agreement shall terminate upon the earliest of the following
events:
3.1 Failure to Commence. County may terminate this Agreement upon or after rescission of
the underlying 1041 WOGLA permit approval under Weld County Code Chapter 21. However,
County may still exercise all necessary activities under this Agreement that the County determines
necessary to protect the health, safety,and welfare of the residents of Weld County.
3.2 Cessation of all Permit Related Activities.Termination of this Agreement shall occur upon
Operator's complete cessation of all activities permitted by the 1041 WOGLA,including any clean
up or restoration required.A partial cessation of activities shall not constitute a Termination of this
Agreement, nor shall County's issuance of a partial release/vacation constitute a Termination.
Unless informed in writing by the Operator of cessation of activities, and verified by the County,
Kerr McGee Oil&Gas Onshore LP—1041 WOGLA24-0036—1041 WOGLA-AMD25-0150—RMA25-0023
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cessation shall only be presumed if the County determines that the site has been inactive for three
(3)years.
3.3 Execution of Replacement Agreement.This Agreement shall terminate following County's
execution of a new Improvements Agreement with a new Operator who has purchased the Property
or has assumed the operation of the business permitted by the 1041 WOGLA,and intends to make
use of the rights and privileges available to it through the then existing WOGLA.
3.4 Revocation of 1041 WOGLA. This Agreement shall terminate following County's
revocation of Operator's WOGLA, except that the Operator shall only be released from this
Agreement after the successful completion of any/all reclamation required under this Agreement.
C. General Provisions:
1.0 Successors and Assigns.
1.1 Except for the assignment of all or substantially all of Operator's assets,Operator 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, Operator's release of its obligations shall be accomplished by
County's execution of a new Agreement with the successor Operator 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 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.
Kerr McGee Oil&Gas Onshore LP—1041 WOGLA24-0036—1041 WOGLA-AMD25-0150—RMA25-0023
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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.
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 or Federal District Court for the District of Colorado shall have exclusive jurisdiction to resolve said
dispute.
8.0 Attorneys' Fees/Legal Costs. In the event of a dispute between County and Operator, 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. Operator 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
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 party'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, Operator
shall provide the County with proof of Operator's authority to enter into this Agreement within five (5)
days of receiving such request.
12.0 Acknowledgment. County and Operator 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.
Kerr McGee Oil&Gas Onshore LP—1041 WOGLA24-0036—1041 WOGLA-AMD25-0150—RMA25-0023
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OPERATOR: KERR MCGEE OIL&GAS ONSHORE LP
_ Date: December 8, 2025
Name: Danielle Piernot
Title: Attorney-in-Fact
STATE OF COLORADO
ss.
County of Weld )
The foregoing instrument was acknowledged before me this I day of feC'.emhe►L
2025, by Le.ri h►e_. M 11-n c a_
WITNESS my hand and official seal. '
Notary Pub is
LESLIE MIRANDA
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20144038877
S.MY COMMISSION EXPIRES OCTOBER 3,2028
WELD COUNTY:
ATTEST: e/. f ey: sn;i1 BOARD OF COUNTY COMMISSIONERS
Weld County Clerk to the Board WF D COUNTY,COLORADO
BY:
VW
Deputy Clerk to the Board S ott K. James, Chair MAR 3 0 2026
Imo""*►
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Kerr McGee Oil&Gas Onshore LP- 1041 WOGLA24-0036- I041 WOGLA-AMf)25-0150-RMA25-0023
Page 7 of 7
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EXHIBIT
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Carly Koppes Clerk and Recorder Weld County CO
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AMENDED FINAL ORDER
BEFORE THE WELD COUNTY 1041 WOGLA HEARING OFFICER
Docket Number 1041WOGLA-AMD25-0150(Parsnip Fed)
1041 WOGLA Hearing Officer Dave Kulmann heard this matter on December 4, 2025, January 8,
2026, and March 5, 2026 at the Weld County Oil & Gas Energy Hearing Room, 1402 N. 17th Ave,
Greeley, CO 80631 and through a remotely held audio and video connection led by the Oil &Gas
Energy Department upon receipt of a 1041 WOGLA Amendment application from the Permittee.
Weld County staff present for the Amendment Hearing were Brett Cavanagh, Director, Oil &Gas
Energy Department; Stephanie Miller, Regulatory Analyst, Oil & Gas Energy Department; Elisa
Kunkel, Office Coordinator, Oil &Gas Energy Department;Dan Campbell, Engineer, Development
Review and Planning; and Matthew Conroy, Assistant County Attorney. Present from Applicant,
Kerr McGee Oil &Gas Onshore, LP., was Rachel Friedman, Regulatory Manager.
Having heard the testimony presented and considering documents submitted for review,
including the application, the Hearing Officer makes the following Findings of Fact and Law:
Findings of Fact and Law
The Hearing Officer makes the following findings of fact:
1. The Parsnip Fed 1041 WOG LA Application ("Permit") was approved by a Hearing Officer
under 1041WOGLA24-0036 on June 12, 2025. The Final Order was formally filed with the
County Clerk and Recorder on June 23, 2025.
2. Kerr McGee Oil & Gas Onshore, LP., ("Kerr McGee" or "Permittee") submitted a 1041
WOGLA Amendment request ("Amendment") dated October 21, 2025 to the Weld
County Oil&Gas Energy Director("Director"or"Staff") under 1041WOGLA-AMD25-0150.
3. In this Amendment, Kerr McGee requested a change to the haul route to go south on S.
Denver Ave, Weld County Road ("WCR") 27; to Crown Prince Blvd, WCR6; to State
Highway 85.
4. Items number 30 in the Permit stated "It is ordered that the Permittee shall not send truck
traffic south on WCR 27 or State Highway 85 towards the City of Brighton."
5. Upon review of the Amendment, Ms. Miller found the Amendment and the underlying
request to amend the Permit to be a major amendment ("Major Amendment") to the
Permit and forwarded the Amendment to the Hearing Officer for the purpose of
scheduling a Hearing pursuant to the Weld County 1041 Regulations.
6. At the scheduled Hearing on January 8, 2026, Ms. Miller provided the following
testimony:
a. Kerr McGee does not have an approved Road Maintenance Agreement ("RMA")
with the City of Brighton.
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b. Because of the above, she would like to continue this application to a date in the
future after an RMA has been executed between Kerr McGee and the City of
Brighton.
7. At the scheduled Hearing on January 8, 2026, Mr. Campbell testified that Weld County
does not have the signed hardcopy of an RMA agreement with Weld County under
RMA25-0023. Weld County has a signed digital copy but still requires the signed hard
copy.
8. At the scheduled Hearing on January 8, 2026, Ms. Friedman provided the following
testimony:
a. The proposed modified haul route would need an RMA with Weld County for
roughly 900 feet of road and a RMA with the City of Brighton for roughly 2,000
feet of road.
b. Kerr McGee continues to work with the City of Brighton to execute an RMA.
9. At the scheduled Hearing on January 8, 2026, Greg Labrie, Public Works Director for the
City of Brighton, provided the following testimony:
a. The City of Brighton is in the process of working with Kerr McGee to finalize an
RMA.
b. The City is ensuring there is a clear understanding of expectations.
10. At the scheduled Hearing on March 5, 2026, Ms. Miller provided the following testimony:
a. The Location is close to the City of Brighton and the City of Fort Lupton.
b. The original approved haul route used Highway 85 to WCR 8.Since approval of the
original Application the Colorado Department of Transportation closed the left
turn access on Highway 85 to WCR 8.This significantly impacted the approved haul
route.
c. Kerr McGee desired to change the haul route to travel south on WCR 27.However,
Final Order#30 stated:"It is ordered that the Permittee shall not send truck traffic
south on WCR 27 or State Highway 85 towards the City of Brighton."
d. Kerr McGee is requesting a change to the haul route to use WCR 27 travelling
south to WCR 6, through the City of Brighton's jurisdiction.
e. On January 29,2026,Weld County received the required RMA for roughly 900 feet
of road.
f. On February 26, 2026, Weld County received documentation that Kerr McGee
entered into an RMA with the City of Brighton for the portion of the haul route
that travels through the city's jurisdiction.
11. Ms. Miller further testified that Staff is recommending approval of the Major Amendment
for the Parsnip Fed pad.
12. At the scheduled Hearing on March 5, 2026, Ms. Friedman provided the following
testimony:
a. The RMA has been signed by Weld County and Kerr McGee has an executed RMA
with the City of Brighton.
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Carly Koopes Clerk and Recorder, Weld County CO
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13. The Hearing Officer asked if there were any local governments or referral entities at the
Hearing that desired to provide testimony. There were none that desired to provide
testimony on this Application at the Hearing.
AMENDED FINAL ORDER
NOW, THEREFORE, IT IS ORDERED, that:
1. Kerr McGee's 1041 WOGLA Permit heard under Docket Number 1041WOGLA-AMD25-0150
amending the Parsnip Fed pad is hereby approved.
2. This Amended Final Order is limited to changing the haul route for the Location and removing
Final Order#30 that states:"It is ordered that the Permittee shall not send truck traffic south
on WCR 27 or Sidle Highway 85 towards the City of Brighton."
3. All other Findings of Fact and Law or Orders, sworn testimony, Conditions of Approvals, Best
Management Practices, and other elements within the approved 1041WOGLA24-0036
Application shall remain in full force and effect.
4. Kerr-McGee remains bound to the Development Standards within the Code; the COAs and
BMPs within the Staff Report; and the Development Standards and Conditions within the
referral agency comments received from Weld County Public Works. These contents can be
located at https://aca-prod.accela.com/WELD/Default.aspx.
IT IS FURTHER ORDERED that this Amended Final Order will be recorded in the records of the
Weld County Clerk and Recorder.
Weld County Oil & Gas Energy
By:
Dave Kulmann, Hearing Officer
Dated: March 9, 2026
3
5089250 Pages: 4 of 5
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Carly Kopoes, Clerk and Recorder, Weld County , CO
1111 frIV4111141117.13/401,1iCilardeiriA l`111101414 II II
COUNTY, CO
1041 WOGLA AMENDMENT
STAFF REPORT
Record Number 1041WOGLA-AMD25-0150 Hearing Date: March 5,2026
Staff Specialist: Stephanie Miller
Company/Applicant: Kerr McGee Oil &Gas Onshore, LP(KMOG)
Location Name: Parsnip Fed
Parcel Number(s): 147120300007
Legal Description: NWSW Section 20,Township 1 North, Range 66 West,6th P.M.
Proposed Use: KMOG requests an amendment to the final order to remove Final Order#30,
to change the approved haul route.
SUMMARY
On June 12, 2025, the 1041 WOGLA Hearing Officer(Hearing Officer) approved 1041WOGLA24-0036. The final
order was recorded with the Weld County Clerk and Recorders Office on June 23,2025(reception no.5036890).
Legal Notice of the approved permit was published in the Greeley Tribune on June 28, 2025.
On October 21, 2025, Kerr McGee Oil & Gas Onshore, LP (KMOG)submitted an Amendment request to the Oil
and Gas Energy Department (OGED) requesting to amend their Haul Route and therefore amend the Hearing
Officer's final order as it pertains to Final Order item#30.
NOW, THEREFORE, IT IS ORDERED, that
30. It is ordered that the Permittee shall not send truck traffic south on WCR 27 or State Highway 85
towards the City of Brighton.
At the time of approval,the Operator had committed to not utilizing S.Denver Ave/CR 27 south of CR 8 for heavy
haul traffic. Since the approval of the 1041 WOGLA permit, Colorado Department of Transportation (CDOT)
closed the left turn lane at CR 8 along Highway 85 which impacted the intended Haul Route. KMOG is requesting
to send heavy haul traffic toward CR 6,which is within the City of Brighton's jurisdiction.
Upon determination of the OGED Director,this Amendment request was determined to be a Major Amendment
to a 1041 WOGLA Permit. Due to the request to modify the Hearing Officer's Final order and pursuant to Sec.
21-5-470 an amendment hearing was scheduled.
Notice of the 1041 WOGLA amendment hearing was published in the Greeley Tribune on October 24,2025.
On November 18,2025, KMOG contacted OGED staff, requesting that the amendment hearing be Continued to
allow additional time to work with the City of Brighton on the required Road Maintenance Agreement(RMA)for
CR 27 south to CR 6.
On December 4,2025,the Hearing Officer granted KMOG continuance until January 8,2026,to allow them more
time to negotiate the RMA with City of Brighton.
As of January 8, 2026, KMOG has indicated that they still have not received an executed agreement from the
City of Brighton for the required RMA at this time the Hearing Officer continued the matter to a future date once
KMOG has received the executed RMA with the City of Brighton.
Weld County Development Review Team received the signed Weld County RMA from KMOG on January 29,
2026.
On February 26,2026,OGED Staff received the redacted executed RMA with the City of Brighton.
RECOMMENDATION
Pursuant to Sec. 21-5-355, the Staff of the Oil and Gas Energy Department recommend 1041WOGLA-AMD25-
0150 be Approved as a Major Amendment to 1041WOGLA24-0036 based on review of the material submitted
by KMOG and other relevant information.
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Carly Koppes, Clerk and Recorder, Weld County , CO
dill fOrda'41111alniti IONk"ii Pii1,11111,1MAC.rfi:11.1,1iyit 111111
Page 2 of 2
Contract Form
Entity Information
Entity Name* Entity ID* New Entity? Please use the job
KERR MCGEE OIL& GAS ONSHORE SUP-51 759 aid linked here to add a
LP Q supplier in Workday.
Contract Name* Contract ID Parent Contract ID
ROAD MAINTENANCE AGREEMENT KERR MCGEE OIL& 1 0329
GAS ONSHORE LP 1041 WOGLA24-0036 1041 WOGLA Requires Board Approval
AMD25-01 50 Contract Lead* YES
JTRUJILLOMARTINEZ
Contract Status Department Project#
CTB REVIEW Contract Lead Email
jtrujillomartinez@weld.go
v
Contract Description*
ROAD MAINTENANCE AGREEMENT KERR MCGEE OIL& GAS ONSHORE LP 1041 WOGLA24-0036 1041 WOGLA-
AMD25-01 50 NO COLLATERAL REQUIRED
Contract Description 2
Contract Type* Department Requested BOCC Agenda Due Date
AGREEMENT PLANNING Date* 02/05/2026
02/09/2026
Amount* Department Email
$0.00 CM-Planning@weld.gov Will a work session with BOCC-be required?*
NO
Renewable* Department Head Email
NO CM-Planning- Does Contract require Purchasing Dept. to be
DeptHead@weld.gov included?*
Automatic Renewal
NO
County Attorney
Grant GENERAL COUNTY
IGA ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WEL
D.GOV
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 Services Agreement Number should be left blank if those contracts
are not in OnBase
Contract Dates
Effective Date Review Date* Renewal Date
02/09/2027
Termination Notice Period Expiration Date*
Committed Delivery Date 02/09/2028
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 CHRIS D'OVIDIO BYRON HOWELL
DH Approved Date Finance Approved Date Legal Counsel Approved Date
02/05/2026 02/05/2026 02/06/2026
Final Approval
BOCC Approved Doc ID#
AG033026
BOCC Signed Date
Originator
BOCC Agenda Date
JTRUJILLOMARTINEZ
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