HomeMy WebLinkAbout20232694.tiffO4/1,31,1
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: BOCC Agenda Item - Approve Road Maintenance Agreement for:
Bonanza Creek Operating Company — 1041WOGLA23-0014
DEPARTMENT: Planning Services DATE: September 5, 2023
PERSON REQUESTING: Jazmyn Trujillo -Martinez
Brief description of the problem/issue:
The Department of Planning Services received a request from the applicant, Bonanza Creek Operating Company,
requesting that the Board of County Commissioners consider approving the Road Maintenance Agreement for
(1041WOGLA23-0014). No collateral is required with this agreement.
The Oil and Gas Energy Department's hearing for 1041VVOGLA23-0014 is scheduled for September 7, 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 Director of Oil and Gas
Energy Department.
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.
3. Have this BOCC Hearing item not placed on the next available agenda as neither part of the Consent Agenda nor the
Regular Agenda.
Consequences:
• New oil and gas development can pay their way for their impacts on the County Roadways, or the County
will be required to cover the costs of the new oil and gas development's impacts on the roadways.
Impacts:
• New oil and gas development with high traffic volumes impacts the County Road systems and causes wear
and tear more quickly than normal traffic volumes.
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years):
• New oil and gas development will pay their proportional share of repairs and upgrades completed by the
County.
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 WOGLA23-0014, and that this
item be placed on the next regularly scheduled BOCC Hearing, as part of the Consent Agenda.
Perry L. Buck, Pro-Tem
Mike Freeman, Chair
Scott K. James
Kevin D. Ross
Lori Saine
Support Recommendation Schedule
Place on BOCC Agenda Work Session
PL(VA/STN4)
.23 600
/)T/5n3
Other/Comments:
2023-2694
O0 3
ROAD MAINTENANCE
IMPROVEMENTS AGREEMENT
Bonanza Creek Operating Company, LLC — 1041 WOGLA23-0014
THIS AGREEMENT is made this 2gtt' day of AUMAST , 2023, by and between Bonanza
Creek Operating Company, LLC, a limited liability company organized under the laws of the State of
Delaware, whose address is 555 17th Street, Suite 3700, 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:
NW 1/4 NW 1/4 of Section 36, Township 5 North, Range
63 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 WOGLA23-0014, and
WHEREAS, Operator acknowledges that the final approval of 1041 WOGLA23-0014 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
Am,A i
=-=.7-;,`,.
A. PRIOR TO CONSTRUCTION AND OPERATIONS:
�NN
O1u
Np1 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
v -us traffic generation. Traffic generated from this site shall enter and exit at the approved access on CR 388
aaM and CR 89 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 WOGLA23-0014 may become
o o part of the established haul/travel routes.
1.1 Haul Routes. The following roads are designated as haul/travel routes for any time period
am 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.
Bonanza Creek Operating Company, LLC — 1041 WOGLA23-0014 - RMA23-0012
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:
W;,.12 N ,
C'
m-1
N
�a3M
Mom
iIE: m
�Qm
3.0 Repair. Operator shall be financially responsible for its proportional share of the repair or
n improvement, including but not limited to, excavation, patching, pavement and/or gravel repair, grading,
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 WOGLA23-0014 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.
Bonanza Creek Operating Company, LLC — 1041WOGLA23-0014 - RMA23-0012
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
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:
Bonanza Creek Operating Company, LLC — 1041 WOGLA23-0014 - RMA23-0012
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,
Bonanza Creek Operating Company, LLC — 1041 WOGLA23-0014 - RMA23-0012
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.
Bonanza Creek Operating Company, LLC — 1041 WOGLA23-0014 - RMA23-0012
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.
Bonanza Creek Operating Company, LLC — 1041WOGLA23-0014 - RMA23-0012
Page 6 of 7
OPERATOR: Bonanza Cree Operating Company, LLC By: Date: Z ! G /1vG
Name: tJk 1W �• -km4
Title: Dt1' 0410114,* l a/Iorl'P'"'e
STATE OF COLORADO
SS.
County of Weld
The foregoing instrument was acknowledged before me this
2025, by
WI
TNESS IOVIiRIEENVI.0ffidetleal.
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20144040717
MY COMMISSION EXPIRES OCTOBER 17, 2026
WELD COUNTY:
ATTEST:
Weld Co
BY:
putt'
Clerk to the : oard
Cl
y of
A„e
Notaryublic
4922575 Pages: 7 of 9
09/26/2023 10:53 AM R Fee:$0.00
Carly Kopp., Clark and Recorder, Weld County , CO
III MPJFIDOW:likAl IllifI Ik\ HI li iii 11t
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Mike Freeman, Chair SEP 1 8 2323
-,26.99---
Bonanza Creek Creek Operating Company, LLC — 1041WOGLA23-0014 - RMA23-0012
Page 7 of 7
4922575 Pages: 8 of 9 09/26/2023 10:53 AM R Fe•:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
VIII IcAIT 'EKg K%I'� &IBM
Gerry
Cem
O
Ku
C
re)
t
.r
W
CC
a
d ` !.:mpirc Intokgrareat
l•
19
w
stir
tie -
air
30
30
CO RD 52
70 RANCH MAIN GATE
(YELLOW GATE)
20
-ir CS -e
-S -ii
- -,�_
COP
Jelo
29
29
7j_.-:rtat.7)
`,
ars
•a
-,,
28
shim
28; �.
- - *C ��
} _ ` .y"
tw-
yT
(4bqL
cco ins
31
O
B; N Elder Cr
0
fin
RJ
0
0
M
C
ft
0
W
•
32
C
0
'-,
33
T5N R63W
---r
-
�-
r 1
,f
('7
`'/l�a�S
--f
24
27
27
kbt
•
`-• y- 7-•
i�
ac
A
r
C
O
sles-
-. a-
�w•
a 4-
-*—
\J
26
PROPOSED LOCATION:
STATE NORTH PLATTE
FED F-36 PAD
-.t•
34 rs
Y �L ">.
Hardin -"` -ii.
NO SCHOOL FACILITIES,
FUTURE SCHOOL FACILITIES
OR CHILD CARE CENTERS
ALONG THE HAUL ROUTE.
LEGEND:
uuN-r�
EXISTING ROAD
EXISTING ACCESS ROAD
WORKING PAD SURFACE
UELS, LLC
Corporate Office * 85 South 200 East
Vernal, UT 84078 * (435) 789-1017
N
-
C
a
C
V
l)
550)
26
25
25
1i
35 ,' 75% TRAFFIC
NpISTRIBUTION)
•
yyl��� _-\
REV: 2 08-24-23 K.C. (UPDATE TRAFFIC DISTRIBUTION)
BONANZA CREEK ENERGY
OPERATING COMPANY, LLC
STATE NORTH PLATTE FED F-36 PAD
NW 1/4 NW 1/4, SECTION 36, T5N, R63W, 6th P.M.
WELD COUNTY, COLORADO
SURVEYED BY
DRAWN BY
ORION R1CF
K.C.
05-11-22
05-16-22
SCALE
I" -3000'
PRIMARY HAUL ROUTE MAP (1041 WOGLA)
ENGINEERING He LAND SURVEYING
PROPOSED LOCATION:
STATE NORTH PLATTE
FED F-36 PAD
NO SCHOOL FACILITIES,
FUTURE SCHOOL FACILITIES
OR CHILD CARE CENTERS
ALONG THE HAUL ROUTE.
LEGEND:
EXISTING ROAD
- - - - - EXISTING ACCESS ROAD
WORKING PAD SURFACE
UELS, LLC
Corporate Office * 85 South 200 East
Vernal, UT 84078 * (435) 789-1017
NOINE ERPJG A LAND tiURVEVING
4922575 Pages: 9 of 9
09/26/2023 10:53 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
III RIPJFIT hildtialitivh 14B1h1NDil+illeilii
TV4 *42W
OIL FIED ROAD
(GRAVEL)
TM NI 1W
•
WCR 46.5
(PAVED COLLECTOR)
HWY 34
(PAVED COLLECTOR)
o
• J a }
co J 1
cc O
U
_,....,-
WCR 46.5
(GRAVEL COLLECTOR)
WCR 87 'c-
(PAVED COLLECTOR)
REV: 1 08-29-23 K.C. (UPDATE ROUTE TO HWY 34)
BONANZA CREEK ENERGY
OPERATING COMPANY, LLC
STATE NORTH PLATTE FED F-36 PAD
NW 1/4 NW 1/4, SECTION 36, T5N, R63W, 6th P.M.
WELD COUNTY, COLORADO
SCRVEYED BY ORION RICE 05-I 1-22 SCALE
DRAWN BY K.C. 08-24-23 1. 60.nrn,
_
SEC(f\I) %KY HAUL R(11 1 E NW' (1(141 WOGLA
Contract For
Entity Information
Entity Name *
BONANZA CREEK ENERGY
OPERATING CO LLC
Entity ID.
@00032135
Contract Name* Contract ID
ROAD MAINTENANCE AGREEMENT 1 041 WOGLA23- 7361
0014 BONANZA CREEK OPERATING COMPANY
Contract Status
CTB REVIEW
O New Entity?
Contract Lead
JTRUJILLOMARTINEZ
Contract Lead Email
jtrujillomartinez@weldgo
v.com
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description *
ROAD MAINTENANCE AGREEMENT 1 041 WOGLA23-0014 BONANZA CREEK OPERATING COMPANY NO
COLLATERAL REQUIRED
Contract Description 2
Contract Type * Department
AGREEMENT PLANNING
Amount*
$0.00
Renewable
NO
Automatic Renewal
Grant
IGA
Department Email
CM- Will a work session with BOCC be required?*
Planning@weldgov.com
Requested BOCC Agenda Due Date
Date* 09/14/2023
09/18/2023
Department Head Email
CM-Planning-
DeptHead@weldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WEL
DGOV.COM
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"
09/18/2024
Committed Delivery Date
Renewal Date
Expiration Date"
09/18/2025
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
TOM PARKO JR. CHERYL PATTELLI KARIN MCDOUGAL
DH Approved Date Finance Approved Date Legal Counsel Approved Date
09/08/2023 09/08/2023 09/08/2023
Final Approval
BOCC Approved Tyler Ref #
AG 091823
BOCC Signed Date
BOCC Agenda Date
09/18/2023
Record Number
Staff Specialist:
Company/Applicant:
Location Name:
Parcel Number(s):
Assigned Address:
Legal Description:
Proposed Use:
1041 WOGLA PERMIT
STAFF REPORT
1041WOGLA23-0014
Jennifer Teeters
Bonanza Creek Operating Company, LLC
State North Platte FED F-36 Pad
096536100004
31094 CR 388
NW1/4NW1/4 of Section 36 Township 5 North, Range 63 West, 6th P.M.,
Weld County, Colorado
Bonanza Creek Operating Company, LLC proposes a 15 Well Pad and
associated production facility. The 1041WOGLA permit is to expand the
existing 7 well pad to add 8 additional wells.
Hearing Date: August 10, 2023
SUMMARY
Pursuant to Weld County Code Ordinance 2021-17, Sec. 21-5-315.A. Bonanza Creek Operating Company, LLC
(Bonanza Creek or Applicant) submitted the first request for a pre -application meeting on June 27, 2022. The
first pre -application meeting was held on July 13, 2022. Invitees included Bonanza Creek, Energy & Carbon
Management Commission (ECMC), the Weld County Oil and Gas Energy Department (OGED Staff), and
representatives of other Weld County departments (Weld County Staff). All invitees were in attendance for the
meeting. In preparation of the pre -application meeting OGED Staff and Bonanza Creek's Surface Landman Cory
Neighbors drove the 70's Ranch to conduct a site visit and drive the identified haul route.
On August 8, 2022, Bonanza Creek provided 1041 WOGLA notice to OGED Staff stating their intent to submit a
1041 WOGLA Permit application for the referenced State North Platte F-36 Pad Location. Case number
1041WOGLA22-0032 was assigned at the time the Notice was received. The notice was valid starting September
7, 2022, and expired after February 8, 2023.
Pursuant to Weld County Code Ordinance 2021-17, Sec. 21-5-315.A. Bonanza Creek submitted the second
request for a pre -application meeting on February 10, 2023. The second pre -application meeting was held on
March 1, 2023. Invitees included Bonanza Creek, Energy & Carbon Management Commission (ECMC), Colorado
Parks and Wildlife (CPW), Colorado Department of Public Health and Environment (CDPHE), Bureau of Land
Management (BLM), the Weld County Oil and Gas Energy Department (OGED Staff), and representatives of other
Weld County departments (Weld County Staff). BLM and CDPHE did not attend the second pre -application
meeting. In preparation of the pre -application meeting OGED Staff conducted a site visit and drove the identified
haul route.
On March 6, 2023, Bonanza Creek provided 1041 WOGLA notice to OGED Staff stating their intent to submit a
1041 WOGLA Permit application for the referenced State North Platte FED F-36 Pad Location. The initial
Application submittal was received on May 12, 2023 and reviewed according to the requirements of Weld
Page 1 of 4
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 Application was discussed with the
Applicant to clarify and enhance certain items, and the final Application version which is a part of the record was
submitted on May 31, 2023 and deemed complete June 15, 2023. The submitted Application was found to be
compliant with the applicable Code requirements and was scheduled for hearing.
Pursuant to Sec. 21-5-330. the 1041 WOGLA notice of hearing was sent to required property owners on
June 22, 2023 and published in the Greeley Tribune on June 23, 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. Referral comments due date was July 19, 2023.
1. Response was 'received from the following referral agencies:
a. Weld County Department of Public Health and Environment (WCEH), referral request sent
6/20/2023. Response with comments and conditions received 7/6/2023.
b. Weld County Development Review, representing the Department of Public Works and the
Department of Planning Services, referral request sent 6/20/2023. Response with comments
and conditions received 7/19/2023 and revised on 7/20/2023.
c. Colorado Parks and Wildlife, referral request sent 6/20/2023. Response stating no conflict
received 6/27/2023.
d. Energy & Carbon Management Commission, referral request sent 6/20/2023. Response with
advisory comments received 6/22/2023.
e. Colorado Department of Public Health and Environment, referral request sent 6/20/2023.
Response with advisory comments received 7/17/23.
f. Platte Valley Weld RE -7 School District referral request sent 6/20/2023. Response stating no
conflict received 6/20/2023.
g. Weld County Office of Emergency Management (OEM), referral request sent 6/20/2023.
Emergency Action Plan (EAP) and Tactical Response Plan (TRP) card approved 6/28/2023.
2. No response was received from the following referral agencies:
a. Bureau of Land Management (BLM) referral request sent 6/20/2023. Referral request re -sent
7/17/2023
b. Platte Valley Fire Protection District referral request sent 6/20/2023. Referral request re -sent
7/17/2023. Platte Valley Fire Protection District did work in coordination with the OEM on
approval of the EAP & TRP.
Page 2 of 4
RECOMMENDATION
The OGED Staff recommends 1041WOGLA23-0014 be APPROVED based on review of the Application material
submitted by Bonanza Creek, 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. 21-5-320.A.2. Bonanza Creek certifies they have provided notice to all required
parties.
4. Bonanza Creek certifies a Surface Use Agreement (SUA) is in place with the Surface Owner, identified
as The State of Colorado.
5. Bonanza Creek attests there are no Building Units within one (1) mile from the Oil and Gas Location.
6. There are no High Occupancy Building Units, Designated Outside Activity Areas, School, School
Facilities, or Child Care Centers within one (1) mile of the Oil and Gas Location.
7. The OGED Staff did not receive any Application for Interventions (AI) regarding this Oil and Gas Location.
The OGED Staff did not receive any calls from property owners who were notified through the 1041
WOGLA notice of hearing.
8. In the opinion of OGED Staff, the Applicant's chosen site is compatible with the existing and surrounding
Land Use, which includes existing Oil and Gas Locations, intermixed with agricultural lands, and low
density rural residential uses.
9. Bonanza Creek 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. Bonanza Creek's State North Platte FED F-36 Pad 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-
405.B during the Construction Phase and Sec. 21-5-405.C during 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 Bonanza Creek to adhere to is the NL-4 standard
for the Construction Phase and the NL-1 standard for the Production Phase.
10. Bonanza Creek 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.
Page 3 of 4
CONDITIONS OF APPROVAL
The OGED Staff recommendation for approval is conditional based upon the following requirements of the
Applicant:
1. Prior to Recording:
a. An approved and signed Improvements and Road Maintenance Agreement shall be submitted
to Planning for execution by the Board of County Commissioners prior to recording the Hearing
Order. (Department of Planning — Development Review)
2. Prior to Construction:
a. A Final Drainage Report stamped and signed by a Professional Engineer registered in the State
of Colorado is required to be accepted prior to construction. (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.
c. The applicant shall complete the required intersection safety improvements at CR 388 and CR
61 prior to start of construction. (Department of Planning — Development Review)
3. 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
LEGEND
a
OHP - - OHP
OIL & GAS LOCATION
= WORKING PAD SURFACE
PROPOSED ACCESS ROAD
PROPOSED ACCESS ROUTE
PROPERTY LINE
POWER LINE
FENCE
WELD COUNTY ROAD RIGHT-OF-WAY
DRAINAGE
• = OIL & GAS WELL
WATER WELL
SECTION CORNER LOCATED
COUNTY ROAD 71
50' WIDE
RIGHT-OF-WAY
COUNTY ROAD 52
30' WIDE
RIGHT-OF-WAY
Hello