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Home My WebLink About20231441.tiffO 79 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: BOCC Agenda Item - Approve Road Maintenance Agreement for: PDC Energy, Inc — 1041WOGLA23-0003 DEPARTMENT: Planning Services DATE: May 9, 2023 PERSON REQUESTING: Jazmyn Trujillo -Martinez Brief description of the problem/issue: The Department of Planning Services received a request from the applicant, PDC Energy, Inc, requesting that the Board of County Commissioners consider approving , the Road Maintenance Agreement for (1041 WOGLA23-0003). No collateral is required with this agreement. The Oil and Gas Energy Department's hearing for 1041 WOGLA23-0003 is scheduled for May 11th, 2023. 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 Oil and Gas Energy Departments Hearing Officer. This Agreement follows the template approved by the County Attorney. What options exist for the Board? (include consequences, impacts, costs, etc. of options): 1. Have this BOCC Hearing item be placed on the next available agenda as part of the Consent Agenda. 2. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda. Recommendation: Option 1. The Departments of Public Works, Planning Services, Oil and Gas Energy, and the County Attorney's Office are recommending approval of the Road Maintenance Agreement According To Policy for 1041 WOGLA23-0003, and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Consent Agenda. Approve Schedule Recommendation Work Session Other/Comments: Perry L. Buck, Pro-Tem Mike Freeman, Chair Scott K. James Kevin D. Ross Lori Saine - a3 6&. PLCDa/nN►) J o620O3 �L 6ieofr3 2023-1441 .0&DbO 3 ROAD MAINTENANCE IMPROVEMENTS AGREEMENT PDC Energy, Inc — 1041WOGLA23-0003 THIS AGREEMENT is made this 2.641" day of , 202_, by and between PDC Energy, Inc., a corporation organized under the laws of the State _of'Delaware, whose address is 4000 Burlington Avenue, Evans, Colorado 80620, 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: NE1/4 SW1/4 of Section 34, Township 4 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 1041 WOGLA23-0003, and WHEREAS, Operator acknowledges that the final approval of 1041 WOGLA23-0003 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 38 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 1041 WOGLA23-0003 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. PDC Energy, Inc — 1041WOGLA23-0003 - RMA23-0008 Page 1 of 7 o2Do2✓ l414/ 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 WOGLA23-0003 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, PDC Energy, Inc — 1041WOGLA23-0003 - RMA23-0008 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 ofthose 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: PDC Energy, Inc — 1041WOGLA23-0003 - RMA23-0008 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, PDC Energy, Inc — 1041 WOGLA23-0003 - RMA23-0008 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. PDC Energy, Inc — 1041WOGLA23-0003 - RMA23-0008 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 ofthis 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) 8 days of receiving such request. 12.0 Acknowledgment. County and Operator acknowledge that each has read this Agreement, 8N understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the m3 e4 attached or incorporated Exhibits, is the complete and exclusive statement of agreement between the parties ao� _, and supersedes all proposals or prior agreements, oral or written, and any other communications between ;;,a 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 raS 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 ?:"--3 N agreement, the terms of the Weld County Code shall control. No= O.c m M rM PDC Energy, Inc — 1041WOGLA23-0003 - RMA23-0008 p�jnq= Page 6 of 7 Revievretl by Legel Dept OPERATOR: ' iC Ene gy, Inc. By: Name: Pau Title: Director Land Operations STATE OF COLORADO County of Denver Date: 1/47-423 SS. The foregoing instrument was acknowledged before me this Z day of V 2/5 , 2023, by Paul Whisenand, Director Land Operations. WITNESS my hand and official seal. LYNN M SHOTWELL Notary Public State of Colorado Notary ID a 19984010936 y Commission Expires 08-08-2024 Nota QM blic 50weiq WELD COUNTY: ATTEST: !%U &1 jel";"1 BOARD OF COUNTY COMMISSIONERS Weld C%un Clerk to the Boa' • WELD COUNTY, COLORADO BY: Deputy Cl to th Board 111L,L_E__ ike Freeman, Chair MAY 2 2 2323 PDC Energy, Inc — 1041WOGLA23-0003 — RMA23-0008 Page 7 of 7 10/28/2022 8:26 RE l D T4N_R66WSEC 34\DWG ENERGY\7027\2022 EXHIBIT "A" Page 1 of 1 This Exhibit "A" is attached to and made a part of that certain Road Maintenance Improvements Agreement by and between Board of County Commissioners. County. and PDC Energy. Inc.,, Operator. Covering the following lands: Township 7 North, Range 66 West, 6th P.M. Section 34: NESW Weld County, Colorado LEGEND ® PROPOSED WELL [7.7.! PROPOSED OIL AND GAS LOCATION - - - TRAFFIC ROUTE •4 TRAFFIC ROUTE DIRECTION DATE SURVEYED: DATE: DRAFTER: REVISED: MUNICIPALITY LIMITS HEALTH FACILITY SCHOOL FACILITY CHILD CARE CENTER 8/11/22 9/30/22 SJM 10/28/22 FROM LOCATION VIA CR 38 AND CR 33 TO CR 42 1000 EXHIBIT a 10 IA) L#2 3-0003 nnrnt nrr,• ran. i 4900896 Pages: 8 of 8 05/31/2023 10:39 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder; Weld County ; CO I Iccgtini'MIhRhNI10Hk 111111 Contract Form New Contract Request En Rmation Entity Name* PDC ENERGY, INC. Entity ID* @000153.31 Contract Name* ROAD MAINTENANCE AGREEMENT PDC ENERGY, INC 1041WOGLA23-0003 Contract Status CTB REVIEW New Entity? Contract ID 6979 Contract Lead* JTRUJILLOMARTINEZ Contract Lead Email jtrujillomartinez@weldgov.c am Parent Contract ID Requires Board Approval YES Department Project # Contract Description* ROAD MAINTENANCE AGREEMENT PDC ENERGY, INC 1041 WOGLA2.3-0003 NO COLLATERAL REQUIRED Contract Description 2 Contract Type* AGREEMENT Amount* $ 0.00 Re * NO Automatic Renewal Grant IGA Department PLANNING Department Email CM-Planning@iweldgov.com Department Head Email CM-Planning- DeptHead@veldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYATTORN EYOWELDG OV.COM Requested BOCC Agenda Date* 05;17/2023 Due Date 05/13/2023 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 NSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in Ontase Cor Effective Date Review Date* 05(17/2024 Renewal Date Termination Notice Period Committed Delivery Date Expiration Date* 05/17/2025 Purchasing Approve Purchasing Approved TOM PARKO JR. DH Approved Date 05/12/2023 BOCC Approved BOCC Signed Date BOCC Agenda Date 05/22/2023 Originator JTRUJILLOMARTINEZ Finance Approver CHRIS D'OV1O1O Finance Approved Date 05/12/2023 Tyler Ref # AG 052223 Legal Counsel BRUCE BARKER Legal Counsel Approved Date 05/16/2023 4898008 Pages: 1 of 15 05/15/2023 08:22 AM R Fee:$0.00 CarlyKopp's, Clerk and l ` Recorder, Weld County � CO �I■r, FINAL ORDER BEFORE THE WELD COUNTY 1041 WOGLA HEARING OFFICER Docket Number 1041WOGLA23-0003 (Chatfield Federal 4N66W 341-18 Location) 1041 WOGLA Hearing Officer Dave Kulmann heard this matter on May 11, 2023 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 Director upon application for a 1041 WOGLA Permit located in the NE/4SW/4 of Section 34, Township 4 North, Range 66 West, 6th P.M., Weld County, Colorado. Present for the hearing were Kelly Holliday, Lead Regulatory Analyst, Weld County; Elisa Kunkel, Oil & Gas Energy Technician, Weld County; Shanee Turner, Weld County, Oil & Gas Energy Technician; Jason Maxey, Oil & Gas Energy Department Director, Weld County; Matthew Conroy, Assistant County Attorney, Weld County; Natalie DeLaCroix, Engineer II, Weld County's Development Review and Planning; Ryan Fernandez, Environmental Health Specialist I, Weld County's Department of Public Health and Environment; Tammy Waters, Senior Surface Land Technician Supervisor, PDC Energy, Inc.; and Cory Sheahen, Surface Landman, PDC Energy, Inc. 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 name of the location is the Chatfield Federal 4N66W 341-18 Location. 2. PDC Energy, Inc. ("PDC" or "Applicant") as Applicant for the above referenced Docket delivered its 1041 WOGLA Permit Application ("Application" or "Permit") dated March 9, 2023, to the Weld County Oil & Gas Energy Director ("Director" or "Staff'). 3. Upon review of the Application, Ms. Holliday found the Application to be complete and forwarded the Application to the Hearing Officer for the purpose of scheduling a hearing pursuant to the Weld County 1041 Regulations ("WCC" or "Code"). 4. At the scheduled Hearing on May 11, 2023, the Hearing Officer took testimony for this Application from Staff, Weld County's Development Review and Planning, Weld County's Department of Public Health and Environment, and from the Applicant. 5. At the scheduled Hearing on May 11, 2023, Ms. Holliday provided the following detailed testimony: a. The Application is located south of the Town of Gilcrest and east of Highway 85. b. The proposed Oil and Gas Location ("OGL" or "Location") is within the Near -Urban Planning Area as defined by the Code. 1 4898006 Pages: 2 of 15 05/15/2023 08:22 AM R Fee:$0.00 Carly KopPes. Clerk and Recorder, Wald County CO �lll intriNkleil+021A. LIM ILVIL Rii Ilk till c. The Application is located outside of any floodplain, floodway, geologic hazard, MS4 area, or airport overlay district. d. The Application is located outside of all High Priority Habitat ("HPH") areas designated by the Colorado Parks and Wildlife ("CPW"). e. The pre -Application meeting was held on October 26, 2022, and was attended by Weld County staff, Colorado Oil and Gas Conservation Commission ("COGCC") staff, CPW staff, and PDC staff. Several alternative site locations were discussed at the pre -application meeting. f. Staff performed a site visit and drove the identified haul route and did not see any issues from these visits. g. The proposed Location is a well pad and associated production facility and will be 12.71 acres of disturbance that will be reduced to 4.45 acres after interim reclamation. h. PDC has a surface use agreement in place with the surface owner Sandau Properties LLC. i. PDC certified that they noticed all required parties per the Code. j. There are no High Occupancy Building Units, Schools, School Facilities, Child Care Centers, or Designated Outdoor Activity Areas (all as defined within the Code) within the 1041WOGLA Zone. k. There are three Residential Building Units ("RBUs") within the 1041WOGLA Zone with the closest being 1,277' to the west. The two closest RBUs are owned by the party that signed the surface use agreement. I. PDC obtained informed consent agreeing to the Location from all three RBU owners and tenants within the 1041WOGLA Zone. m. All property owners within the 1041WOGLA Zone were notified by Weld County of the scheduled Hearing including how to apply for intervention. This notice was sent to eight property owners. n. There were no applications for intervention for the Application. o. PDC has agreed to implement certain Best Management Practices ("BMPs") including: i. Pipeline infrastructure for natural gas, produced oil, and produced water to greatly reduce truck traffic. ii. Noise mitigation including sound walls and source point mitigation. PDC will be held to Noise Level 3 ("NL-3") for Construction Phase operations and Noise Level 1 ("NL-1") for Production Phase operations per Sec. 21-5- 435 of the Code. iii. Use of a quiet frac fleet. iv. Automation will be installed on the OGL allowing 24/7 monitoring with remote shut-in capabilities. v. The Application will fall under Lighting Zone 1 ("LZ-1") for lights per Sec. 21-5-405 of the Code. 2 4898006 Pages: 3 of 15 05/15/2023 lOPP..0Cle k an,22 d Recorder, 0Weld County , CO IIMNPAPPalitrittinNUMPROMMilln p. Staff sent referral requests for the Application to three Weld County departments, three state agencies, the relevant fire protection district, and the applicable school district. Responses were received from all referral agencies. The Staff Report summarizes these responses. q. The Weld County Office of Emergency Management approved the Applicant's Emergency Action Plan and Tactical Response Plan in coordination with the Platteville Gilcrest Fire Protection District. r. PDC will install temporary sound walls along the south, west, northwest, and part of the eastern portion of the OGL. s. PDC will install point source mitigation around certain production equipment. t. A preliminary drainage report has been approved by Development Review for the Application. u. Development Review has approved the use of an existing access permit as PDC will use an existing access road. i. The haul route to the OGL will follow Highway 85 to Weld County Road ("WCR") 38. The haul route leaving the OGL will follow WCR38 east to WCR33 north. At no time does the haul route enter the Town of Gilcrest. v. PDC plans to drill 18 horizontal wells to both the east and west covering the following lands: the northeast part of section 32 and the north half of sections 33, 34, and 35 in Township 4 North Range 66. w. The Staff Report lists three open Conditions of Approval. 6. Ms. Holliday gave further testimony that the Application was viewed as complete and testified that the Application was found to be in compliance with the Code including the Application Requirements described within Sec. 21-5-320 of the Code and the Development Standards within Division 4 of Article 5 ("Development Standards") of the Code. 7. Ms. Holliday testified that the Applicant selected the location that best consolidates impacts while protecting health and safety of community residents, wildlife, and the environment. 8. Ms. Holliday gave testimony that Staff recommends approval of the Application with the three COAs stated in the Staff Report (two prior to construction Conditions and one prior to drilling Condition) as the location remains protective of the residents, wildlife, and environment while maintaining compatibility of nearby land uses. 9. Upon questioning at the May 11, 2023 Hearing, Ms. Holliday further testified that: a. She found no issues related to driving the haul route. b. She had no information regarding any potential concerns from the COGCC with the Applicant's state permit applications. c. She did not identify other alternatives not assessed by the Applicant that would have been better than the proposed location. d. She did not receive responses back from any party that was noticed. e. All parties required to be noticed by the Code were in fact noticed. 3 4898006 Pages: 4 of 15 05/15/2023 08:22 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County CO f. The Application will fall under the requirements of NL-3 for Construction Phase operations and NL-1 for Production Phase operations per Sec. 21-5-435 of the Code. g. The Application will fall under LZ-1 for lights per Sec. 21-5-405 of the Code. h. The Applicant received copies of the Staff Report and all referrals. i. She is satisfied with all the BMPs listed in the Application. 10. At the May 11, 2023 Hearing, Ms. DeLaCroix from Development Review and Planning testified that: a. Development Review and Planning see no compatibility conflicts with surrounding land uses. b. An access permit has been approved by Weld County. c. A Road Maintenance Agreement ("RMA") has been approved by Weld County. The COA related to an RMA in her referral to Staff has been satisfied. d. The Applicant has fulfilled all requirements for the preliminary drainage report for the Application and therefore, this preliminary report has been approved by Development Review. A final drainage report is still required prior to construction. e. She has no concerns about the proposed haul route for the Application. 11. At the May 11, 2023 Hearing, Mr. Fernandez from Weld County's Department of Public Health and Environment testified that: a. He reviewed the Applicant's odor mitigation plan and noise mitigation plan and did not have any major concerns. b. He is recommending NL-3 for Construction Phase operations and NL-1 for Production Phase operations per Sec. 21-5-435 of the Code. c. Several noise mitigations are required from the Applicant based on the noise impact analysis. 12. At the scheduled Hearing on May 11, 2023, Ms. Waters from PDC testified that: a. The OGL is an 18 well pad developing roughly 1,120 mineral acres. b. The OGL will initially disturb 12.71 acres and will be 4.45 acres after interim reclamation. c. There are three RBUs within the 1041WOGLA Zone, two of the three subject to the approved surface use agreement. d. PDC received informed consent from all three RBU owners and tenants. e. PDC will install a natural gas, produced oil, and produced water pipeline for takeaway reducing truck traffic by 12,500 trucks in the first three years. f. PDC will install a temporary freshwater pipeline for completions operations that will reduce truck traffic by roughly 27,700 trucks. g. There are a total of 17 older vertical wells in the development area of this Application. PDC has the potential to plug these wells and reclaim roughly 20.4 acres of land. The after interim reclamation of this OGL is 4.45 acres. This means PDC may be able to bring a net total of 15.95 acres of land back to the landowners due to this development. 4 4898006 Pages: 5 of 15 05/15/2023 08:22 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO ■Ill r� � frill:Cli ik irCLIPIfiV' P:thillid 11111 h. The OGL is a co -location with the nearby Steamboat location sharing an access road. 13. The following information was included in the Application, was part of testimony from Mr. Sheahen at the May 11, 2023 Hearing, or were findings the Hearing Officer made related to siting and the Alternative Location Analysis: a. Four total alternatives ("ALA") were fully assessed by PDC. b. PDC uses nine criteria for analyzing potential Locations. c. ALA #1: i. Six RBUs within the 1041WOGLA Zone instead of three from the proposed location. ii. Permanent agricultural impacts. iii. The surface owner would not sign a surface use agreement. iv. This alternative would require 3.5 mile laterals and step outs greater than technically possible. d. ALA #2: i. Five RBUs within the 1041WOGLAZone instead of three from the proposed location. ii. Permanent agricultural impacts. iii. The surface owner would not sign a surface use agreement. iv. This alternative is near wetlands and a high-water table. e. ALA #3: i. Three RBUs within the 1041WOGLA Zone. This is the same as the proposed location but none of these three RBUs are owned by the party subject to the surface use agreement. ii. Permanent agricultural impacts. iii. The surface owner would not sign a surface use agreement. iv. Several ditches on the land, including one 16 feet away. This brings construction concerns. f. ALA #4: i. Seven RBUs within the 1041WOGLA Zone instead of three from the proposed location. g. Ms. Holliday is not aware of any additional alternatives that Staff or the COGCC asked the Applicant to assess that were not assessed. h. The proposed OGL is outside of any HPH, not in a wetland, and will not have any negative impact to agricultural operations. i. The proposed OGL is located outside of any floodplain, floodway, geologic hazard, MS4 area, or airport overlay district. j. There are no High Occupancy Building Units, Schools, School Facilities, Child Care Centers, or Designated Outdoor Activity Areas (all as defined within the Code) within the 1041WOGLA Zone. 5 4898006 Pages: 6 of 15 05/15/2023 08:22 AM R Fee:$0.00 Carly Kopp., Clerk and Recorder, Weld County CO VIII IY�f1f YY� ';�QI '�� I�'�'til�Jirtf 4b yN�C'M� Oki III II k. All wells will be at least 200' from the nearest property line as required in Sec. 21- 5-490 of the Code. a. The Hearing Officer found that based on the fact that the three RBU owners within the 1041WOGLA Zone signed informed consent, that there are no High Occupancy Building Units, Schools, School Facilities, Child Care Centers, or Designated Outdoor Activity Areas (all as defined within the Code) within the 1041WOGLA Zone; that the proposed OGL is outside of any HPH, floodplain, floodway, wetland, geologic hazard, MS4 area, or airport overlay district that none of the alternatives provided any additional benefits than the proposed OGL. 14. At the scheduled Hearing on May 11, 2023, Mr. Sheahen testified to the following related to the haul route: a. PDC will avoid the Town of Gilcrest. b. PDC reached out to homeowners on the haul route and received feedback that as long as PDC continues to maintain the road like PDC did during the Steamboat location development, then they have no concerns. 15. At the scheduled Hearing on May 11, 2023, Ms. Waters testified that PDC will implement the following mitigations: a. Use of tankless hydrocarbon storage. b. Install pipeline takeaway capacity for natural gas, produced water, and produced oil. c. Use of Group III drilling mud for production hole drilling. d. Install both temporary and permanent sound walls for operations. e. Use of a quiet frac fleet. f. Perform daily AVO at production facility. g. Implement continuous noise monitoring during drilling and completion operations. h. Use minimal switched lighting in the production phase of operations. i. Install 24x7 remote monitoring with remote shut in capabilities. j. Use infrared camera in conjunction with artificial intelligence at the production facility. k. Work with Xcel Energy to electrify the production facility. 16. At the scheduled Hearing on May 11, 2023, the Applicant provided the additional testimony: a. PDC will not flare at this OGL except for upset conditions. b. PDC agrees to be bound by the 19 standard conditions outlined in Weld County's Department of Public Health and Environment referral. c. PDC will obtain the appropriate Weld County permit for any communication tower over 35 feet in height. d. The Applicant agrees to be bound by LZ-1 light limits in the Code. e. PDC will have permanent production lights at the OGL but will have these lights on a switch to only be on when needed. 6 4898006 Pages: 7 of 15 05/15/2023 08:22 AM R Fee:$0.00 Carly Koppes. Clerk and Recorder, Weld County , CO NUrithCialK 1R3 Ell f. Lights will be pointed inward and downward. g. PDC agrees to be bound to all BMPs in their submitted light mitigation plan. h. Based on the submitted noise mitigation plan and noise impact analysis, PDC will be in full compliance with NL-3 for Construction Phase operations and with NL-1 for Production Phase operations for both A and C Scale noise with no ambient adjustments. i. PDC will implement the following noise mitigation BMPs: i. Install a perimeter sound wall around the south, west, northwest, and part of the eastern portion of the OGL during drilling and completion operations. ii. Install three exhaust silencers on the drilling rig gensets. iii. Install additional temporary sound walls near the two most impacted RBUs before completions operations. iv. Use a quiet frac fleet. v. Install permanent sound walls around certain production equipment. vi. Perform continuous noise monitoring during drilling and completion operations. j. The OGL will have remote shut-in capabilities that will be monitored 24 hours a day seven days a week. k. PDC will conduct AVO inspections daily. I. PDC will implement all BMPs in the submitted fluid leak detection plan. m. There will be no Off -Location Flowlines as defined by the Code from this location. n. PDC will conduct annual tests of flowlines and will provide results to Weld County if requested. o. PDC will implement all BMPs listed in their submitted odor mitigation plan, waste management plan, and dust mitigation plan. p. PDC will use Group III drilling mud for production hole drilling. q. PDC agrees to be bound by the Development Standards in the Code, all BMPs in their Application, and all COAs in the Staff Report. 17. Ms. Waters further testified her understanding that by granting approval of this Permit that the Applicant would be subject to certain Rescission Procedures in Sec. 21-5-370 of the Code should at any time the Applicant is found to be out of compliance with the Permit. 18. Upon review of the Application and the Staff Report and upon taking testimony from Ms. Holliday, Ms. DeLaCroix, Mr. Fernandez, and the Applicant; the Hearing Officer found the Application to be complete. 19. Based on the facts stated in the Application, having received no applications for intervention, and based on the testimony presented to the Hearing Officer at the March 30, 2023 Hearing, the Hearing Officer found that a final order ("Final Order") to approve the Application should be entered. 7 4898006 Pages: 8 of 15 05/15/2023 08.22 API R Fee:$0.00 Carly Kopens, Clerk and Recorder, Weld County , CO VIII IYPr1R N�'.tf Fl '1��; rk�ta �� C11nh Yid 11111 FINAL ORDER NOW, THEREFORE, IT IS ORDERED, that 1. PDC's 1041 WOGLA Permit heard under Docket Number 1041WOGLA23-0003 and located in the NE/4SW/4 of Section 34, Township 4 North, Range 66 West, 6th P.M., Weld County, Colorado, is hereby approved. 2. PDC and its successors and assigns ("Permittee") is hereby bound to the Development Standards within the Code; the COAs within the Staff Report; the Best Management Practices within the Application; the Development Standards and Conditions within the referral agency comments received from the Weld County Department of Public Health and Environment, and the Development Standards and Conditions received from Weld County Development Review (the contents of which can be located at https://accela- aca.co.weld.co.us/citizenaccess/L. 3. It is ordered that Permittee shall comply with the two Prior to Construction Conditions of Approval listed in the Staff Report and shown below: 3.1. A Final Drainage Report stamped and signed by a Professional Engineer registered in the State of Colorado is required. 3.2. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. 4. It is ordered that Permittee shall comply with the one Prior to Drilling Condition of Approval listed in the Staff Report and shown below: 4.1. The operator shall provide initial baseline groundwater sampling data, or information related to how the site is exempt from COGCC Rule 615 to the Weld County Department of Public Health and Environment. 5. It is ordered that Permittee shall comply with NL-3 for noise during the Construction Phase at the Location and the NL-1 for noise during the Production Phase. 6. It is ordered that Permittee shall install three exhaust silencers on the drilling rig gensets. 7. It is ordered that Permittee shall install a perimeter sound wall around the around the south, west, northwest, and part of the eastern portion of the OGL during drilling and completion operations. 8. It is ordered that Permittee shall install additional temporary sound walls near the two most impacted RBUs before completions operations. 9. It is ordered that Permittee shall use a quiet frac fleet. 10. It is ordered that the Permittee shall install permanent sound walls around certain production equipment. 11. It is ordered that Permittee shall perform continuous sound monitoring during completion operations. 12. It is ordered that Permittee shall comply with LZ-1 lighting during the Construction Phase at the Location. 13. It is ordered that Permittee shall shield and direct lights downward and inward. 14. It is ordered that Permittee shall install a switch on all permanent production lighting. 8 4898006 Pages: 9 of 15 05/15/2023 08:22 AM 0 Fee:$0.00 Carly Keeper. Clerk and Recorder, Weld County, CO �IIIfirdtillidtdiNgtiliAtitiCriVilnAilki 11111 15. It is ordered that Permittee shall use Group III drilling mud during production hole drilling. 16. It is ordered that Permittee shall deliver freshwater to the Location during completion operations using temporary lines. 17. It is ordered that Permittee shall have a natural gas pipeline, a produced oil pipeline, and a produced water pipeline in place prior to first production. 18. It is ordered that Permittee shall immediately notify the Director via Sundry Form if an oil transport truck is planned to leave the Location. Permittee shall also immediately contact those within the 1041WOGLA Zone. The Director shall process the Sundry Form in accordance with Sec. 21-5-360. 19. It is ordered that Permittee shall use tankless hydrocarbon storage. 20. It is ordered that Permittee shall not flare gas at the Location in the absence of upset conditions. 21. It is ordered that the Location shall be monitored remotely 24 hours a day seven days a week with remote shut in capabilities. 22. It is ordered that Permittee shall not have Off -Location flowlines as defined by the Code. 23. It is ordered that Permittee shall comply with all Best Management Practices listed in the submitted light mitigation plan, odor mitigation plan, waste management plan, dust mitigation plan, and fluid leak detection plan. 24. It is ordered that Permittee shall comply with the 19 standard conditions listed in the Weld County's Department of Public Health and Environment referral comments. 25. It is ordered that Permittee shall obtain the appropriate Weld County permit for any communication tower over 35 feet in height. 26. It is ordered that Permittee shall not allow their oil and gas truck traffic to enter the Town of Gilcrest. 27. It is ordered that the data collected from Permittee's AVO, LDAR, stormwater inspections, and flowline testing programs shall be made available to the Weld County Department of Public Health and Environment if requested. 28. Approval of this 1041 WOGLA Permit creates a Vested Property Right as an approved Site - Specific Development Plan pursuant to Article 68 of Title 24, C.R.S., as amended. IT IS FURTHER ORDERED, that this Final Order shall be recorded in the records of the Weld County Clerk and Recorder. Additionally, a notice describing generally the type and intensity of USE approved, the specific parcel or parcels of property affected and stating that a VESTED PROPERTY RIGHT has been created shall be published at once, not more than fourteen (14) days after approval of the 1041 WOGLA Permit. The Permit shall be effective upon recording and publication. 9 4898006 Pages: 10 of 15 05/15/2023 08:22 AM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County CO r1111N�f11�? I �i l rh+ �&'�t��Wl4�w�,yW h t Ill Weld County Oil & Gas Energy By: ,ie) Dave Kulmann, Hearing Officer Dated: May 15, 2023 10 4898006 Pages: 11 of 15 05/15/2023 08:22 A11 R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO NPATIVIlifintleMiatIN MINIM 1041 WOGLA PERMIT STAFF REPORT Record Number 1041WOGLA23-0003 Staff Specialist: Kelly Holliday Company/Applicant: PDC Energy, Inc. Location Name: Chatfield Federal 4N66W34 1-18 Parcel Number(s): 105734000010 Assigned Address: 15505 County Road 38 Hearing Date: May 11, 2023 Legal Description: NE1/4SW1/4 of Section 34 Township 4 North, Range 66 West, 6th P.M., Weld County, Colorado Proposed Use: PDC intends to drill 18 horizontal wells in the NESW of Section 34, Township 4 North, Range 66 West and install additional equipment to support the production of said wells. SUMMARY Pursuant to Weld County Code Ordinance 2021-17, Sec. 21-5-315. PDC Energy, Inc. (PDC or Applicant) submitted a request for a pre -application meeting on October 17, 2022. The pre -application meeting was held on October 26, 2022. Invitees included Colorado Oil & Gas Conservation Commission (COGCC), Colorado Parks and Wildlife (CPW), PDC, the Weld County Oil and Gas Energy Department (OGED Staff), and representatives of other Weld County departments (Weld County Staff). Attendees included COGCC, CPW, PDC, OGED Staff, and Weld County Staff. In preparation of the pre -application meeting OGED Staff conducted a site visit and drove the identified haul route. On February 7, 2023, PDC provided 1041 WOGLA notice to OGED Staff stating their intent to submit a 1041 WOGLA Permit application for the referenced Chatfield Federal 4N66W34 1-18 Location. The Application was received on March 9, 2023 and reviewed according to the requirements of Weld County Code Ordinance 2021- 17 (Code). The criteria for submission of the 1041 WOGLA Permit (Application) is outlined in Section 21-5-320. of the Code. OGED Staff completed their review of the Application as submitted. The submitted Application was found to be in compliance with the applicable Code requirements and was scheduled for hearing. Pursuant to Sec. 21-5-330. notice of the 1041 WOGLA hearing was sent to required property owners on March 24, 2023, and published in the Greeley Tribune on March 25, 2023. OGED Staff referred the Application to various agencies as required by Sec. 21-5-330.C. of the Code. 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 all referral agencies as follows: Page 1 of 4 Royorwn. 05/15/2023 06:42 S.W..1►19 R Fee : �n • nv CO Car1S.W.. Clark and Recorder, Wald County /111 t r r��tRlhrl INI W W�4�1 I OW N,1161grt likk/1111 g. a. Colorado Department of Public Health and Environment, referral request sent 3/23/2023, Automated email response with advisory comments received 3/23/2023. b. Platteville-Gilcrest Fire Protection District, referral sent 3/23/2023. Response received 3/23/2023, finding no conflict. c. Weld County, Valley RE -1 School District, referral request sent 3/23/2023. Response received 3/23/2023, finding no conflict. d. Weld County Department of Public Health and Environment, referral request sent 3/23/2023. Response with comments and conditions received 3/31/2023. e. Weld County Office of Emergency Management, referral request sent 3/23/2023. Emergency Action Plan and Tactical Response Plan card approved 3/31/2023. f. Colorado Oil and Gas Conservation Commission, referral request sent 3/23/2023, Response with advisory comments received 4/5/2023. i. COGCC confirmed that PDC submitted the Chatfield Federal OGDP to COGCC on 3/6/2023 and it is currently under review for completeness. Colorado Parks and Wildlife, referral request sent 3/23/2023. Response received 4/13/2023, finding no conflict. h. Weld County Development Review, representing the Department of Public Works and the Department of Planning Services, referral request sent 3/23/2023. Response with comments and conditions received 4/20/2023. i. On 4/27/2023, Jazmyn Trujillo -Martinez, with the Development Review team confirmed the executed original Road Maintenance Agreement (RMA) had been received from PDC, satisfying the prior to recording requirement, letter A as listed in the Development Review referral document. RECOMMENDATION The OGED Staff recommends 1041WOGLA23-0003 be APPROVED based on review of the Application material submitted by PDC, 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. 2. OGED Staff has complied with the notice and processing requirements in Sec. 21-5-330. 3. Pursuant to Sec. 21-5-315. PDC certifies that they have provided notice to all required parties. 4. PDC certifies that a Surface Use Agreement (SUA) is in place with the Surface Owner, identified as Sandau Properties LLC (Reception #4845757). 5. PDC attests there are three (3) Building Units (BU) within the two thousand (2,000) foot 1041 WOGLA Zone, all located to the west, with the closest being approximately one thousand two hundred seventy-seven (1,277) feet from the Oil and Gas Location. The two (2) closest BUs are owned by the same Surface Owner who is subject to the SUA with PDC. Page 2 of 4 4898006 Pages: 13 of 15 Carly Kopp.,023 OCle k and Ruourrder,,OWeld County , CO �Ll! tNcrrabO4'il4fiL II{ "Ill a. PDC has received Informed Consent (IC) in agreement with the proposed Location from each of the BU owners and tenants. 6. There are no High Occupancy Building Units, Designated Outside Activity Areas, School, School Facilities, Child Care Centers, or Municipal boundaries within one (1) mile of the Oil and Gas Location. 7. The Oil and Gas Location is outside of any Airport Overlay District, Floodplain, Geologic Hazard Area, or CPW designated High Priority Habitat (HPH). 8. The OGED Staff did not receive any Application for Intervention regarding this Oil and Gas Location. 9. The Applicant's chosen site is compatible with the surrounding Land Use, which is agricultural cropland interspersed with low density residential. This Oil and Gas Location was selected as part of a detailed analysis process that included input from all relevant parties. 10. PDC has shown compliance with the Development Standards outlined in Chapter 21, Article 5, Division 4 of the Code as applicable to the Near -Urban Planning Area. a. PDC's Chatfield Federal 4N66W34 1-18 was reviewed under the LZ-1 Lighting Zone standard. The submitted Lighting Plan illustrates that the total amount of lumens proposed does not exceed the allowable lumens for Lighting Zone 1, pursuant to Sec. 21-5-405.8 for the Construction Phase and Sec. 21-5-405.C for the Production Phase. b. Pursuant to Sec. 21-5-435. Weld County Department of Public Health and Environment has identified that the compliance noise level for PDC to adhere to is the NL-3 standard during the Construction Phase and NL-1 standard during the Production Phase. PDC has committed to the use of engineered sound walls during drilling and completions operations as well as permanent source point mitigation throughout the Production Phase. 11. Pursuant to Sec. 23-4-830. and the height guidelines in Table 23.4 of the Weld County Code any Telecommunications Antenna Tower greater than thirty-five (35) feet up to seventy (70) feet in height will require a Zoning Permit. PDC has indicated the installation of a forty (40) foot communication tower at the Chatfield Federal 4N66W34 1-18. Prior to installation of any tower over thirty-five (35) feet PDC shall acquire the proper Zoning Permit from the Weld County Department of Planning Services. 12. PDC 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: 1. Prior to Construction: Page 3 of 4 4898006 Pages: 14 of 15 05/15/2023 00:22 A(1 R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County , CO ■111 PRAM K11 "r li%!nit NA DU 11111 a. A Final Drainage Report stamped and signed by a Professional Engineer registered in the State of Colorado is required by the Department of Planning - Development Review. b. 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 COGCC Rule 615, to the Weld County Department of Public Health and Environment. Page 4 of 4 4898006 Pages: 15 of 15 05/15/2023 08:22 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County : CO ■III�U1��1 S 1 SW COS SK. 14, 74N, IMiW IOUND r Aunt. CAP 15. Liu 7 „? AAR LOCATION DRAWING (WOGLA) CHATFIELD FEDERAL 4N66W34 1-18 SECTION 34, TOWNSHIP 4 NORTH, RANGE 66 WEST, 6TH P.M., WEI I) COUNTY, COLORADO CHAT' IClll FEDERAL INW,f'1a kIN AND lOGl1 CMS it lig CCM SK. li. la. ileW lOt hO 3 114• SLUM. CAI l .! NO. lira S. L?4 cut SEC U. Ear., RW.sv 'MAD 1 t,a" ALUM. CAP g''IC.1'10Il, CL t%,i.C 1K. 34. TAN, 14.4W SOUND t 1'C MULL CAI P.1.l. NO 9444 IMPROVEMCNT � VISTA NCE/SCARING Igl,EASURCD FRONT PIMPOSED Oil &Nu liA5 LOCATION' r,,;•t0 kG .) llstair w, II: ti46?'w, 8311598' W, 84*gar SI.BSn&69'Si. 661L0aX St &7:1$41' W. 9S ±1957 W, 9911971' W •.!i,, RES:GEMIAI,/NON•IaESIDEN71t:6119.DIUGUNIT Altu1:1277W.*5..: z:151i W.:iau? :War `S' i HUM OCQ#A$CYMAWsA1G LD4$T N/A 2 Whoa MCILITY N/A 3 PESIGNAI[DOUTDOOR ACTIvIDAREA NA I D'SPKCYPos IIONATI iv IMPaC a. COMMLiNI Iv N/A s Kew ;WA U 11172S'W(COUNrY;JOAO31), t190U'SICOUNP/WAD M G GROUND UlluTt' INN, Iris w / RAILRDAu N/A i�Pi1i:LINE ±121'N, 121' N. s21' N. !'"• E 1285 NW. L3UW, _A2S'W.!135? E.31744 W eon W. =17'19' W. 1 9171 W, t19t?' S 4. FENCE :25 N.:62 N, • 1'19T N.. 31571' N 10 PIPIUNEMIftuhE'a%u flp OWIIN : 12U. tla' NW, HT II, till It. tNt NE. 11101' NE. ±146X M, tie t4 11 MINI NrA 12 Olt ANd64] WELL AND FACILITY X14' L.:591' N. 11030 NE, _1:,&1' St, 11367' S. tl3`11 E. _1443' : :iur 4, :168tY. N. ±1424' SC 139322 x!1.11439 N,11947 N Li INJECTION WELL Wit 11 P:UCCCDOft AND GAS Witt f6YS,11197'w,±1218'SW, -1368'NW. t1461'NC, -11.41' N. -3947'N 15 TEIItNEL4t • G)S I OCA fION 's3SSNW. -666' W, ±754' NF_ SW N. _ N 1155' , 11286 St. tar Ind, ant. ILAS4 W. 117$79494.:1961' 5 .% WATER Wit • SURVEYED LOCATION N/A 17 SEVIER/SEPTIC MANWE NO i4/,A OTiIiA V IS4BLE I111M1',Cvn,ein IS NINA TL4io.A0 ,P'N t2-9/' w..i395' W. t693'F., OWN, 11106' NI_I12tsot ±1316'ifr :33113 SL. t,1.320' St- ;14/3' SC. _1480' E. ! ISO3' C. :1537 N, ±154•}' N. `t16.5S N. tlf67 NW. L17B17 W. sITSS' S. UN? Me :1977 SE r 19 UTILITY • ELECTRIC N/A 20 UTtUTt• W4781N/A 21 Mit ITV • 2T1ItPPIONf N/A H 12 WHO's'. innsOPTIC N/A 23 LRIuit • ►SOPANI tANt N/A 2.4 LJTIUTY • OTNER N%.4 IS MDGI: Iv/,A 26 DITC$JCANALPDAAINAGE :u",±1327'SE 27 POND : 'J" E. 1783' Et3903' f ±1362' SE, ! 1524' NE, !LBW S. ±1403' F 2B MISUCULANEGIIS -NIA, J NEAREST CULTURAL ITEMS: MEASURED FROM PROPOSED OIL AND GAS LOCATION BUILDING RESIDENTIAL BUILDING UNIT DESIGNATED OUTSIDE ACTIVITY AREA PROPERTY LINE SCHOOL FACILITY till?' W -117"W 5 280x. 220 AI 3 2130'4 - CERTIFICATE OF SURVEYOR: /ratio tit 1.$wFWV UM? lit, •t+trkc1=i1MaQAtIyWA Ikll.1tttO Mitts (11 AC It l4}1 WsJL (* L&NIXR uY 5/; ►Y wvisO�,�rO S.Wit t A, MO CC1Rid(T re 7H( NM cp t� - rNOCLNIK&AliOtIj #0p29r.,timilit opt MUWOv/nuN t t4No1avm 44% s 3i tt. ANff CA % )7 eft *Si tally I71t* ftP 'Si Illb *AISAS►) CC IOWATIOI:CCart a01*1 la-. W c.. tslay. e, ant* gN• 44`I *MN I by San .sefle ti~ r _e tp17.1' i.e & ,mow -«, „.11a t.� a.�wsvr I: F...� N� iill'Iw •• • .vim LIME t rrw rrK 5280'4 duns r•*aQYvrrt a.. •N. Kau _--- SOMA en" *Mi4 ' a',.q awns— .a,l.Md&SdDM,M,, w.. ,.► •..y. IN.•. Cur 11.IJH. N.H'N LEGEND �. ...a nag .4604^ DITCH/CANAUDRAINAGE �--�-- COI.NTl' ROAD ROW Inn POND O EXISTING WELL - — 1041 WOGLA ZONE (2000' BUFFER) ROW BY RESOLUTION PROPERTY IRE P8A WELL - • - PROPOSED OIL AND GAS LOCATION ea EXISTING FACILITY SCHOOL a WATER WELL PROPOSED ACCESS ROAD CJ EXISTING BUILDING CEPCHILD CARE PROPOSED WELL —ice.- EXISTING PIPELINE LOVli t.'�OOFt'!C>< `��' \ 0 lb N,.,w,Tanis' 1 'Wino( L..�.i.n1,li,iurrlu nu; i� Phn.1 v7o;:'«„)1_VISIBLE OSIIEKIDAN OFFICEPHOTCI 1u9ilh..lw.u—Ar.m.c 4) PDC ENERGY' DATE SURVEYED: 8/11/22 KATE: 9/311/22 DRAFTER: SIM •All MEASuittmENTS ART MADE FROM THE PROPOlEII Olt AND CAS LpCAtiok, bhli'RovtIIALNIs SHOWN AND LISTED MERLON 1HA1 ARL LYING OUTSIDE THE SURFACE PROPERTY MAY HAVE 9EEN OBTAUb FROM THE AERIAL Ah0 UTNER Y11611C1Y AVAllA81I DATA. EXISTING CONDITIONS MAY RESIDENTIAL BUILDING UNIT PUBLIC ROAD - Cu- ABOVE GROUND UTIUTY t 1 NON-RESIDENTIAL BUILDING UNIT CONSULTING, W""'t..',w,9•,r,.K MOOIFII$t Finns: 1aT�.74.}t�pY LtC -1000 lfalinglun .S.•.�nu.• Evan., Coloradu 80(,111 REVISED: FROM WHAT IS SHOWN. PRIVATE ROAD --4. EXISTING FENCE 1 DISPROPORTIONATELY IMPACTED COMMUNITY Hello