HomeMy WebLinkAbout20251441.tiffResolution
Approve Agreement for Sale and Purchase of Wetland Mitigation Credits from Big
Thompson Confluence Mitigation Bank for High Plains Boulevard Improvements
Project, Between County Roads 32 and 34, and Authorize Chair to Sign —
Westervelt Ecological Services, LLC
Whereas, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
Whereas, the Board has been presented with an Agreement for the Sale and Purchase
of Wetland Mitigation Credits from the Big Thompson Confluence Mitigation Bank for the
High Plains Boulevard Improvements Project, between County Roads 32 and 34,
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Public Works, and
Westervelt Ecological Services, LLC, commencing upon full execution of signatures, with
further terms and conditions being as stated in said agreement, and
Whereas, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the Agreement for the Sale and Purchase of Wetland Mitigation Credits
from the Big Thompson Confluence Mitigation Bank for the High Plains Boulevard
Improvements Project, between County Roads 32 and 34, between the County of Weld,
State of Colorado, by and through the Board of County Commissioners of Weld County,
on behalf of the Department of Public Works, and Westervelt Ecological Services, LLC,
be, and hereby is, approved.
Be it further resolved by the Board that the Chair be, and hereby is, authorized to sign
said agreement.
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2025-1441
EG0083
Agreement for Sale and Purchase of Wetland Mitigation Credits from Big Thompson
Confluence Mitigation Bank for High Plains Boulevard Improvements Project, Between
County Roads 32 and 34 — Westervelt Ecological Services, LLC
Page 2
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 28th day of May, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppier: Aye
Kevin D. Ross: Aye
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
2025-1441
EG0083
Currlvadtpit iq�9
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: High Plains Blvd. Between WCR 32 & 34 — Wetland Mitigation Credits Purchase
DEPARTMENT: Public Works DATE: 5/9/25
PERSON REQUESTING: Cameron Parrott
Brief description of the problem/issue:
The High Plains Blvd. project between WCR 32 and WCR 34 has shown that there will be impacts to existing jurisdictional
wetlands due to the new roadway construction. These wetland impacts which occur in several locations throughout the
project corridor add up to 1.15 acres of total permanent impacts. Mitigation of these permanent impacts is proposed to be
accomplished through the purchase of 1.15 Wetland Mitigation Credits from the Big Thompson Confluence Mitigation
Bank. Westervelt Ecological Services, LLC is the organization which provides the associated services, in amount of
$198,950.00. The cost of this purchase is already included as part of the High Plains Blvd. Design/Build project and will
be paid for by the contractor, Kraemer NA as part of their contract.
What options exist for the Board?
Recommend approval for staff to move forward with purchasing these wetland credits.
Request a work session with staff to discuss this request.
Consequences: Not purchasing these wetland credits would require staff to determine another method of
mitigating the permanent impacts proposed as part of the High Plains Blvd. project. This would delay the project
construction.
Impacts: Purchasing these wetland credits would allow construction to start as soon as ROW is acquired.
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): The cost of these credits is already
included in the project budget for the High Plains Blvd. project. The total purchase price is $198,950.00.
Recommendation:
Staff recommends authorization to purchase 1.15 wetland credits for the High Plains Blvd. Between WCR 32 & 34 project.
Support Recommenda;ion Schedule
Place on BOCC Agenda Work Session Other/Comments:
Perry L. Buck
Scott K. James
Jason S. Maxey
Lynette Peppier
Kevin D. Ross
Contract # 9489
14-
2025-1441
5/ EGI M
AGREEMENT FOR SALE OF MITIGATION CREDITS
BIG THOMPSON CONFLUENCE MITIGATION BANK
USACE File No. NWO-2{0116-00852-DEN
This Agreement ("Agreement") is entered into this 2 O ' ' � day of , 2025, by and
between WESTERVELT ECOLOGICAL SERVICES, LLC, a Delaware limit iability company,
located at 1400 Jack Warner Parkway NE, Tuscaloosa, Alabama 35404 (`Bank Owner") and WELD
COUNTY located at 1150 O Street, Greeley, CO 80631 ("Project Applicant"), jointly referred to as the
("Parties,") as follows:
RECITALS
A. The Bank Owner has developed the Big Thompson Confluence Mitigation Bank (`Bank") located
in Weld County, Colorado; and
B. The Bank was approved by the US Army Corps of Engineers ("USACE") on November 8.,
2019, and is currently in good standing with this agency; and
C. The Bank has received approval from the USACE to offer Wetland and Stream Mitigation
Credits (the "Wetland Mitigation Credits" and the "Stream Mitigation Credits" of which is sometimes
referred to herein as a "Mitigation Credit") for sale as compensation for the loss of wetland or stream
function through the Big Thompson Confluence Mitigation Banking Instrument (Bank Agreement); and
D. Project Applicant is seeking to implement the project described in Exhibit "A" attached hereto
("Project"), which would unavoidably and adversely impact wetland resources, and seeks to compensate
for the loss of wetlands by purchasing Mitigation Credits from the Bank; and
E. Project Applicant has been authorized by the USACE Permit No. NWO-2024-01499-DEN, to
purchase from the Bank 1.15 Wetland Mitigation Credits upon confirmation by the Bank Owner of
Mitigation Credit availability/adequate balance of Mitigation Credits remaining for sale; and
F. The minimum Mitigation Credit unit for purchase at the Bank is no less than one -hundredth of a
credit; and
G. Project Applicant desires to purchase from the Bank and the Bank desires to sell to Project
Applicant 1.15 Wetland Mitigation Credits;
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. The Bank hereby sells to Project Applicant and Project Applicant hereby purchases from the
Bank 1.15 Wetland Mitigation Credits for the purchase price of $198,950.00. The Bank will then
deliver to Project Applicant an executed Bill of Sale in the manner and form as attached hereto and
marked Exhibit "B". The purchase price for said Mitigation Credits shall be paid by cashier's check or, at
the option of the Bank, wire transfer of funds according to written instructions by the Bank to Project
Applicant. The Bank shall then issue a payment receipt to Project Applicant in the form as attached hereto
and marked Exhibit "C".
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2. The sale and transfer herein is not intended as a sale or transfer to Project Applicant of a security,
license, lease, easement, or possessory or non -possessory interest in real property, nor the granting of any
interest of the foregoing.
3. Project Applicant shall have no obligation whatsoever by reason of the purchase of the Mitigation
Credits, to support, pay for, monitor, report on, sustain, continue in perpetuity; or otherwise be obligated
or liable for the success or continued expense or maintenance in perpetuity of the Mitigation Credits sold,
or the Bank. Pursuant to the Bank Agreement and any amendments thereto, the Bank shall monitor and
make reports to the appropriate agency or agencies on the status of any Mitigation Credits sold to Project
Applicant. The Bank shall be fully and completely responsible for satisfying any and all conditions
placed on the Bank or the Mitigation Credits by all state or federal jurisdictional agencies.
4. The Mitigation Credits sold and transferred to Project Applicant shall be nontransferable and non -
assignable and shall not be used as compensatory mitigation for any other project or purpose, except as
set forth herein.
5. Project Applicant must exercise his/her/its right to purchase the Mitigation Credits within 30 days
of the date of this Agreement. After the 30 -day period this Agreement will be considered null and void.
6. Upon purchase of the Mitigation Credits specified in paragraph E above, the Bank shall submit to
the parties listed in the Notices section of the Bank Agreement, copies of the: a) Agreement for Sale of
Mitigation Credits; b) Bill of Sale; c) Payment Receipt; and d) an updated ledger. The updated inventory /
ledger must detail: i) Project Applicant; ii) Project Name; iii) Status (sale complete/sale not complete);
iv) Mitigation Credit Sale Date; v) Service File Number; vi) U.S. Army Corps of Engineers File Number
(if applicable); vii) Total Number of Mitigation Credits Authorized to Sell; viii) Total Number of
Mitigation Credits Sold to Date (inclusive); and ix) Balance of all Mitigation Credits Available. The
inventory / ledger should include all sales data from the Bank opening/establishment to the present.
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IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above
written.
BANK:
BIG THOMPSON CONFLUENCE MITIGATION BANK
By:
PROJECT APPLICANT:
WELD COUNTYJ,
ATTEST: did�.j -1 , �' �( �4K�
Esther E. Gesick, Clerk to the Board
By:
06/03/2025
Date:
Date: MAY 2 8 2025
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Exhibit "A"
DESCRIPTION OF PROJECT
TO BE
MITIGATED
High Plains Boulevard Design Build Project
USACE No. NWO-2024-01499-DEN
Weld County, CO
The project site is located at Latitude 40.225231°, Longitude -104.972164°, within Section 14, Township
3 N, Range 68 W, in Weld County, Colorado. High Plains Boulevard road will feature two 12 -foot lanes
with associated features that include shoulders, bike lanes, and sidewalk with curb and gutter on one side
of the road. The intersection improvements at WCR 34 include a 150 -foot diameter, single lane
roundabout with approach medians and stormwater system.
In order to construct the new roundabout, North Creek will be rerouted to the west and will flow under
WCR 34 via a 75 -foot -long box culvert and High Plains Boulevard via a 108 -foot -long box culvert. This
will serve as the major flow channel. In addition, an approximately 500 feet long, 24 -inch diameter low
flow pipe will be constructed under the WCR 34 roundabout. This pipe will allow low flows to be
maintained in the segment of North Creek between the roundabout and major flow channel.
In order to mitigate for these permanent impacts to 1.15 acre of wetlands, 1.15 wetland mitigation credits
will be purchased from the Big Thompson Confluence Mitigation Bank.
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Exhibit "B"
BILL OF SALE
USACE File # NWO-2016-00852-DEN
USACE Permit # NWO-2024-01499-DEN
In consideration of $198,950.00, receipt of which is hereby acknowledged,
Westervelt Ecological Services, LLC, a Delaware limited liability company, located at 1400
Jack Warner Parkway NE, Tuscaloosa, Alabama 35404, does hereby bargain, sell and transfer to
Weld County, located at 1150 O Street, Greeley, CO 80631 (Project Applicant), 1.15 Wetland
Mitigation Credits in the Big Thompson Confluence Mitigation Bank in Adams County,
Colorado, developed, and approved by the US Army Corps of Engineers.
Westervelt Ecological Services represents and warrants that it has good title to the Mitigation
Credits, has good right to sell the same, and that they are free and clear of all claims, liens, or
encumbrances.
Westervelt Ecological Services covenants and agrees with the Project Applicant to warrant and
defend the sale of the Mitigation Credits hereinbefore described against all and every person and
persons whomsoever lawfully claiming or to claim the same.
DATED: 06/26/25
WESTERVELT ECOLOGICAL SERVICES, LLC, a Delaware limited liability company
BIG THOMPSOIIxUENCE MITIGATION BANK
By:
Date: 06/26/25
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Exhibit "C"
Big Thompson Confluence Mitigation Bank
PAYMENT RECEIPT
PARTICIPANT INFORMATION
Name: Weld County
Address: 1150 O Street, Greeley, CO 80631
Telephone: 970-400-4000
Contact: Cameron Parrott
PROJECT INFORMATION
Project Description: High Plains Boulevard Design Build Project
USACE Permit Number: NWO- NWO-2024-01499-DEN
Resource Affected: Waters of the U.S.
Mitigation Credits to be Purchased: 1.15
Payment Amount: S198,950
Project Location: 40.2252314°, longitude -104.972164°
County/Address: Weld County, CO
PAYMENT INFORMATION
Payee: Westervelt Ecological Services, LLC
Payer: Kraemer North America, LLC on behalf of Weld County
Amount: One Hundred Ninety Eight Thousand Nine Hundred Fifty Dollars
Method of payment: Ch k No. Money Order ACH Wire
Received by: Date:
(Si ,
Name:Will Duggins Title: Operations Manager - Rocky Mountains
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Entity Information
Entity Name*
WESTERVELT ECOLOGICAL
SERVICES LLC
Entity ID
@00047519
Contract Name
HIGH PLAINS BLVD. BETWEEN WCR 32 AND 34
WETLAND MITIGATION CREDITS PURCHASE
Contract Status
CTB REVIEW
O New Entity?
Contract ID
9489
Contract Lead*
CPARROTT
Contract Lead Email
cparrott@weld.gov
Parent Contract ID
Requires Board Approval
YES
Department Project #
GR-73
Contract Description
AS PART OF THE HIGH PLAINS BLVD. PROJECT BETWEEN WCR 32 AND 34 THE COUNTY IS REQUIRED TO
PURCHASE 1 .1 5 ACRES OF WETLAND MITIGATION CREDITS.
Contract Description 2
Contract Type*
AGREEMENT
Amount*
$198,950.00
Renewable*
NO
Automatic Renewal
NO
Grant
NO
IGA
NO
Department
PUBLIC WORKS
Department Email
CM-
PublicWorks@weld.gov
Department Head Email
CM-PublicWorks-
DeptHead@weld.gov
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WEL
D.GOV
Requested BOCC Agenda Due Date
Date* 05/24/2025
05/28/2025
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be
included?
NO
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
Termination Notice Period
Contact Information
Review Date*
12/31/2026
Committed Delivery Date
Renewal Date
Expiration Date*
12/31/2026
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
.CURTIS HALL RUSTY WILLIAMS BYRON HOWELL
DH Approved Date Finance Approved Date Legal Counsel Approved Date
05/21/2025 05/22/2025 05/22/2025
Final Approval
BOCC Approved Tyler Ref #
AG 052825
BOCC Signed Date Originator
CPARROTT
BOCC Agenda Date
05/28/2025
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