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Home My WebLink About20252567.tiffCovN'cro-c_j ct8toO MEMORANDUM TO: • Clerk to the Board DATE: August 21, 2025 FROM: Jazmyn Trujillo -Martinez, Planning Services Dept. SUBJECT: BOCC Agenda Item — Approve Road Maintenance Agreement For: Verdad Resources LLC — 1041 WOGLA25-0011 Request to Approve Road Maintenance Agreement: The Department of Planning Services received a request from the applicant, Verdad Resources LLC, requesting that the Board of County Commissioners consider approving the Road Maintenance Agreement for (1041 WOGLA25-0011). No collateral is required with this agreement. The Oil and Gas Energy Department's hearing for 1041 WOGLA25-0011 is scheduled for August 28, 2025. 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 WOGLA25-0011, and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Consent Agenda. cc: Dawn Anderson, Planning Services ct -is- as cc :PL(sms,t,A) ,k/i3/25 2025-2567 CMG 0003 ROAD MAINTENANCE IMPROVEMENTS AGREEMENT Verdad Resources LLC — 1041 WOGLA25-0011 THIS AGREEMENT is made this 1514'1 day of 02S by and between Verdad Resources LLC, a limited liability company organized under the laws of the State of Colorado, whose address is 1125 17th Street, Suite 600, 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 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County." WITNESSETH: WHEREAS, "Operator" is the responsible party of the 1041 Weld Oil & Gas Location Assessment (1041 WOGLA) permit located on the following described property in the County of Weld, Colorado: N1/2 NW1/4 of Section 3, Township 7 North, Range 60 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 1041 WOGLA25-0011, and WHEREAS, Operator acknowledges that the final approval of 1041 WOGLA25-0011 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 financially 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 86 and travel to the nearest paved arterial road, or highway, and remain on paved roads for further dispersal. Any County roads used by traffic associated with 1041 WOGLA25-0011 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. Verdad Resources LLC — 1041 WOGLA25-0011 - RMA25-0013 Page 1 of 7 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 WOGLA25-0011 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, Verdad Resources LLC — 1041 WOGLA25-0011 - RMA25-0013 Page 2 of 7 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 2 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 m3 Operator's designated haul/travel routes. Prior to County's final determination and assessment, County co w x 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 M8 prior to making a final determination and assessment d ▪ a PART II: GENERAL PROVISIONS A. Permits: The Operator is required to apply for and receive all permits required by the County or lLP any other applicable local, State, or federal permit, including but not limited to: Nm � NY�� r� N_ Verdad Resources LLC — 1041 WOGLA25-0011 - RMA25-0013 a��= Page 3 of 7 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, Verdad Resources LLC — 1041WOGLA25-0011 - RMA25-0013 Page 4 of 7 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. Verdad Resources LLC — 1041 WOGLA25-0011- RMA25-0013 Page 5 of 7 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. Verdad Resources LLC — 1041 WOGLA25-0011- RMA25-0013 Page 6 of 7 OPERATOR: VERDAD RESOURCES LLC By: 1 A ,(z.v1/4_. Date: Leo —- 2,5 Name: Pr\ is‘ Title: • �E'vt� PONC"--9.— STATE OF COLORADO Ss. County of Weld The foregoing instrument was acknowledged before me this ay of JO. VI , 202, by L Sbn l CAD r°Y- WITNESS my hand and official seal. CHRISTINE M SMITH NOTARY PUBLIC STATE OF COLORADO NOTARY ID X0174010589 MY COMMISSION EXPIRES APRIL 17, 2029 WELD COUNTY: ATTEST: daA„vWx1.:,,i Weld County Clerk to the Board BY: eputy Clerk to the Board Notary Public BOARD OF COUNTY COMMISSIONERS SEP 1 5 2025 Verdad Resources LLC — 1041 WOGLA25-0011— RMA25-0013 Page 7 of 7 ao25- a5lo7 LEGEND: MUM Ill NMI a EXISTING ACCESS ROAD (14 FT+/ - DETAIL "A" T8N R60W [SEE DETAIL "A"" CO RD 86 4 �\ EXISTING ROAD/2-TRACK EXISTING ACCESS ROAD PROPOSED OIL & GAS LOCATION HAUL ROUTE NOTES: • No school facilities, future school facilities or child care centers along the route. 0 0 0 5053694 Pages: 8 of 8 09/17/2025 10:46 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 111 rdner HWY 14 (PAVED) WCR 86 (GRAVEL) CO RD 90 ------4907 100% TRAFFIC DISTRIBUTION II II II II II II II I I I I BEGINNING AT THE JUNCTION OF HIGHWAY 14 AND WELD COUNTY ROAD 105, PROCEED IN A SOUTHERLY DIRECTION ALONG WELD COUNTY ROAD 105 APPROXIMATELY 2.0 MILES TO THE JUNCTION OF THIS ROAD AND WELD COUNTY ROAD 86 TO THE WEST; TURN RIGHT AND PROCEED IN A WESTERLY DIRECTION APPROXIMATELY 0.8 MILES TO THE BEGINNING OF THE EXISTING ACCESS ROAD TO THE SOUTH. FOLLOW ROAD FLAGS IN A SOUTHERLY DIRECTION APPROXIMATELY 14' TO TILE PROPOSED LOCATION. TOTAL DISTANCE FROM THE JUNCTION OF HIGHWAY 14 AND WELD COUNTY ROAD 105 TO THE PROPOSED WELL LOCATION IS APPROXIMATELY 2.8 MILES. UELS, LLC N VERDAD RESOURCES LI,C PERGAMOS FED 0315 N 1/2 NW 1/4, SECTION 3, T7N, R60W, 6th P.M. WELD COUNTY, COLORADO SURVEYED BY SCALE D _ A . T.L.L. 07-02-24 1 : 24,000 HAUL ROUTE MAP (1041 WOGLA) COUNTY, CO 1041 WOGLA PERMIT STAFF REPORT Record Number Staff Specialist: Company/Applicant: Location Name: Parcel Number(s): Assigned Address: Legal Description: Proposed Use: 1041WOG LA25-0011 Hearing Date: August 28, 2025 Rebecca Sears Verdad Resources Pergamos Fed 0315 071903000005 51202 County Road 86 N1/2NW1/4 of Section 3 Township 7 North, Range 60 West, 6th P.M., Weld County, Colorado An existing Oil and Gas Location with 3 wells proposed for reoccupation and addition of 8 new wells and associated production facility equipment. SUMMARY Pursuant to Weld County Code Ordinance 2024-09, Sec. 21-5-315. Verdad Resources (Verdad or Applicant) submitted a request for a pre -application meeting on July 25, 2024. The pre -application meeting was held on August 14, 2024. Invitees included Energy and Carbon Management Commission (ECMC), Colorado Parks and Wildlife (CPW), Colorado Department of Public Health and Environment (CDPHE), Bureau of Land Management (BLM), Verdad, the Weld County Oil and Gas Energy Department (OGED Staff), and representatives of other Weld County departments (Weld County Staff). Attendees included ECMC, CPW, Verdad Staff, OGED Staff, and Weld County Staff. In preparation for the pre -application meeting, OGED Staff conducted a site visit and drove the identified haul route. On September 26, 2024, Verdad provided 1041 WOGLA notice to OGED Staff stating their intent to submit a 1041 WOGLA Permit application for the referenced Pergamos Fed 0315 location. The Application was received on March 19, 2025, and was reviewed pursuant to Sec. 21-5-330 Weld County Code, ORD2024-09 (the Code). The submitted Application was found to be compliant with all Code requirements and was scheduled for hearing. Pursuant to Sec. 21 -5 -330.A -B., notice of the 1041 WOGLA hearing was sent to required property owners on May 21, 2025, and published in the Greeley Tribune on May 21, 2025. OGED Staff referred the Application to various agencies as required by Sec. 21-5-330.C. of the Code on May 29, 2025. Where appropriate, conditions of approval are being recommended to address comments received from those referral agencies. Copies of those comments have been made part of the Application record and are viewable through the E -Permit Center on the Weld County website. 1 Response was received from the following referral agencies a CDPHE responded on June 3, 2025, with advisory comments b ECMC responded on June 18, 2025, with advisory comments c CPW responded on June 19, 2025, with advisory comments d Weld County Office of Emergency Management (OEM) approved the Emergency Action Plan (EAP) and Tactical Response Plan (TRP) card June 24, 2025 e Weld County Development Review, representing the Department of Public Works and the Department of Planning Services, responded with comments and conditions on June 27, 2025 i As noted in the referral from Weld County Development Review, the Drainage Letter provided, stamped and signed by a Professional Engineer registered in the State of Colorado, has been accepted No additional drainage documents are required 2 No response was received from the following referral agencies a Briggsdale Fire Protection District b Briggsdale RE -10J School District RECOMMENDATION The OGED Staff recommends 1041WOGL425-0011 be APPROVED based on review of the Application material submitted by Verdad, comments provided by referral agencies, and other relevant information 1 As stated in the summary above, OGED Staff has determined that the Application complies with the provisions of Sec 21-5-320 , of the Weld County Code, ORD2024-09 2 Pursuant to Sec 21-5-317 , of the Weld County Code, ORD2024-09, Verdad certifies that 1041 WOGLA notice to all required parties has been provided 3 OGED Staff has complied with the notice and processing requirements in Sec 21-5-330 4 Verdad certifies that a Surface Use Agreement (SUA) is in place with the Surface Owners, identified as Barracuda Investments LLC (1% Int ) and United Surface and Minerals LLC (reception #3895419) 5 The Location will have a maximum disturbance area of 10 61 acres (2 29 acres existing, and 8 32 acres new) 6 Verdad attests there are no Building Units (BU) within the two thousand (2,000) foot 1041 WOGLA Zone 7 There are no High Occupancy Building Units, Designated Outside Activity Areas, School, School Facilities, Childcare Centers, or Municipal boundaries within the two thousand (2,000) foot 1041 WOGLA Zone 8 The Oil and Gas Location is outside of any Airport Overlay District, Floodplain, or Geologic Hazard Area 9 Pergamos Fed 0315 falls within a CPW designated High Priority Habitat for the Pronghorn Winter Concentration Verdad has agreed to comply with all operating standards outlined in Sec 21-4-458 Page 2 of 4 regarding operations within HPH Additionally, Verdad will have sound walls placed on the north, west and east sides of the pad during drilling, completions and flowback operations 10 Pursuant to Sec 21-5-340 A 1, OGED Staff received an Application for Intervention regarding this Oil and Gas Location This Application for Intervention was submitted by Erin Ekblad and Jody Crook on behalf of Red Hawk Petroleum on July 1, 2025 Red Hawk Petroleum reports to have property rights and assets in the Verdad WOGLA mineral development lands Red Hawk Petroleum was formally granted intervention by the Hearing Officer on July 8, 2025 11 The Applicant's chosen site is compatible with the surrounding Land Use, which is rangeland interspersed with existing oil and gas operations This Oil and Gas Location was selected as part of a detailed analysis process that included input from all relevant parties 12 Verdad has shown compliance with the Development Standards outlined in Chapter 21, Article 5, Division 4 of the Code as applicable to the Ag-Rural Planning Area a Verdad's Pergamos Fed 0315 Location was reviewed under the LZ-0 Lighting Zone standard The submitted Lighting Plan illustrates that the total amount of lumens proposed does not exceed the allowable lumens for Lighting Zone 0, pursuant to Sec 21-5-402 B for the Construction Phase and Sec 21-5-402 C for the Production Phase b Pursuant to Sec 21-5-422, a Waste Management Plan was submitted with the application and reviewed by OGED staff and demonstrates that Verdad will ensure that E&P Waste and non-E&P Waste are properly stored, handled, transported, treated, recycled, and/or disposed of in accordance with state and federal regulations c Pergamos Fed 0315 is in the Ag-Rural Planning area Pursuant to Sec 21-5-416, the recommended compliance noise level for Verdad to adhere to is the NL-4 standard for the Construction Phase and the NL-1 standard for the Production Phase i Verdad submitted a Noise Mitigation Plan that described noise mitigation measures and demonstrated their capability to meet the maximum permissible noise levels as described in Sec 21-5-320 C3 A ii Additionally, Verdad will have sound walls placed on the north, west and east sides of the pad during drilling, completions and flowback operations 13 Verdad has committed to certain Best Management Practices outlined in the Application, to promote the health, safety, security, and general welfare of the present and future residents of Weld County while protecting both the environment and wildlife The attached location drawing provides a depiction of the Oil and Gas Location with all visible improvements within two thousand (2,000) feet CONDITIONS OF APPROVAL The OGED Staff recommendation for approval is conditional based upon the following requirements of the Applicant Page 3 of 4 Upon approval the Applicant shall be obligated to provide any forms, reports, monitoring results and/or sampling data to the Weld County Oil and Gas Energy Department at the request of the OGED Director Weld County reserves the right to require any additional monitoring/sampling throughout the life of the project 1 Prior to Construction a If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required by the Department of Planning — Development Review 2 Prior to Drilling a Applicant must provide initial baseline groundwater sampling data, or information related to how the site is exempt from the ECMC Rule 615, to the Weld County Department of Public Health and Environment Page 4 of 4 - .••'�pPO ;N9 ••••••aaaaa••••• MKS ti REG/S1‘% 7,41/4St o. i 1 • \ .• • • I it I i , COUNTY ROAp 103 , P€ TI TION 6 VIE I • .ice ' ' of ♦ v• ,Y•' ,. a • 1041 WOCLA ZONw• , , J -mot 1 •q• • fte I -w . - 4. r , t, L t , = :.-. .54 .. Section © ie _ �. a 1 .3-5_-_�_ - - — WCR .! _ Sec}ion 3 86 �Fi, 0 - •" - i% ' '' ♦ Sali i w • R RESOLUTION 1;0' - RIGHT-OF-WAY ' . •' `' QQ \\96)., COUNTY VACA ROAD 1C3 -a• TED 60' WADE -00-- _ _.., . _ . _.•_ ' \O \ •1., , RIGHT -Of -WAY _ . -: ; • • M - . -f' - • • a. • . — + - a •. l •1 . i V ilF , , �' '•. • •�•;• 1 •' • •...•. • - • . y1• • r' • • • Y + • ' • 3 • — —x— • •• •' • --c.— ��--x-•� �1,-- .1 : e }^ •- - � r - • • - - • • . . • • • • • • • + _•• , I • •r:.. LEGEND: / FEATURE BEARING DISTANCE 9 FEATURE BEARING DISTANCE - OI►. & GAS LOCATION 1 VCR 86 NORTH 12'± EX STING GREEN TEAL QED 11 NORTH 529'± 34-27-16+iN WELL WORKING PAD SURFACE 2 GAS PIPELINE N/A N/A "ANKS 3 OVERHEAD POWERUNE NORTH 59'± 12 NORTH 262'± - - EXIS I ING ACCESS ROAD FENCE EXISTING PERGAMOS 3-11-7-60 13 SOUTH 221.1 EXISTING ROAD 4 WELL N/A N/A 14 FENCE N/A N/A e � � � � — as POWER LINE 5 EXISTING PERGAMOS 3-3-7-80 N/A N/A 15 FIBER OPTIC SOUTH 123'± PIPELINE 6 EXiST1NC PERCS 4-3-7-6i; N/A N/A N/A 16 P PEUNE SOUTH 120'± FARCE". LINE WELL P PEUNE N/A N/A WELD CO. RO.tD Mill -Uf-N.%\ 7 TANKS N/A N/A 18 ECO N/A N/A i - FO - - FO - - FIBER OPTIC LINE 8 SLPARA TORS N/A N/A 19 ECD NORTH 285'± x FENCE EXISTING GREEN TEAL FED 9 34-27-1HN WE• L NORTH 531'± 20 SEPARATORS NORTH 275'± • OIL & GAS WELL EXISTING GREEN TEAL FED 21 WETLAND SE 1840'± 10 34-27-15HN WELL NORTH 530 ± 22 FENCE SW 1908'± . SECTION CORNER LOCATED REV: 02 01-07-25 Q.S.J. (ADD 1041 WOGLA ZONL LABEL & OH S1.T I)1STANCL1 NOR 1: • Bearings & distances shown are front the nearest oil & gas location. N • \ny item marked as N A for tearing or distance is located within the oil & gas location. VER I)•A I) RESOURCES LLC • The nearest building unit is hinted 3192 fret from proposed oil & gas lunation. • The nearest property line is located 30 feet from the proposed oil & gas location. • No child cars facilitoutside y or school facility incited nithin 521(11 feet of proposed oil & gas location. • No designated tside aethits crew located within 5280 feet of proposed oil & gas location. 1/2 NW 1/4 WELD PERGAMOS SECTION COUNTY'COI FED 3 0315 T7N nR.ADO R60W 6th P♦It1 L E LS, LLC URVEYED BY ORION RIG`JAL 5-19-24 SCALE Corporate Office 85 � S South 200 East Y) re'. b DRAWN BY 'Si.. 10-01-24 1 = t50O V' Vernal. LT B4078* (435) 789-1017 I.O(..%TION DRAWING (1041 WOGL.t) N' It.: rrak.4 6 LAND SVRVEYINC. Contract Form Entity Information Entity Name* Entity ID* VERDAD RESOURCES LLC @00038645 Contract Name* ROAD MAINTENANCE AGREEMENT 1041 WOGLA25- 001 1 VERDAD RESOURCES LLC Contract Status CTB REVIEW (J New Entity? Contract ID 9860 Contract Lead * JTRUJILLOMARTINEZ Contract Lead Email jtrujillomartinez@weld.go v Parent Contract ID Requires Board Approval YES Department Project # Contract Description* ROAD MAINTENANCE AGREEMENT 1041 WOGLA25-001 1 VERDAD RESOURCES LLC NO COLLATERAL REQUIRED Contract Description 2 Contract Type * AGREEMENT Amount * $0.00 Renewable * NO Automatic Renewal Grant IGA Department PLANNING Department Email CM-Planning@weld.gov Department Head Email CM-Planning- DeptHeadgweld.gov County Attorney GENERAL COUNTY 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 Requested BOCC Agenda Date * 09 032025 Due Date 08 30 2025 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? NO 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 Termination Notice Period Contact Information Contact Info Contact Name Purchasing Review Date* 09/03 /2025 Committed Delivery Date Contact Type Contact Email Renewal Date Expiration Date* 09/03/2025 Contact Phone 1 Contact Phone 2 Purchasing Approver Purchasing Approved Date Approval Process Department Head DAWN ANDERSON DH Approved Date 09/05/2025 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 09/15/2025 Finance Approver CHERYL PATTELLI Legal Counsel BYRON HOWELL Finance Approved Date Legal Counsel Approved Date 09 08 2025 09/08/2025 Tyler Ref # AG 091 525 Originator JTRUJILLOMARTINEZ Hello