HomeMy WebLinkAbout20231671.tiffRESOLUTION
RE: APPROVE TERMINATION OF ROAD MAINTENANCE IMPROVEMENTS
AGREEMENT FOR 1041 WELD OIL AND GAS LOCATION ASSESSMENT PERMIT,
1041 WOGLAI9-0028 - LONGS PEAK RESOURCES, LLC, C/O BOOMTOWN OIL, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, by Final Order dated February 19, 2020, Brian J. Macke, Hearing Officer for
the Weld County Oil and Gas Energy Department, approved 1041 Weld Oil and Gas Location
Assessment Permit, 1041 WOGLA19-0028, for Longs Peak Resources, LLC, do Boomtown Oil,
LLC, on the following described real estate, to -wit:
Being part of the NE1/4 NE1/4 of Section 19,
Township 11 North, Range 65 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, on February 24, 2020, the Board approved a Road Maintenance
Improvements Agreement for 1041 Weld Oil and Gas Location Assessment Permit,
1041 WOGLA19-0028, with said applicant, with terms and conditions being as stated in said
agreement, and
WHEREAS, the Department of Planning Services received a request from the Oil and Gas
Energy Department on behalf of the applicant, Longs Peak Resources, LLC, do Boomtown Oil,
LLC, requesting that the Board of County Commissioners consider approving the termination of
Road Maintenance Improvements Agreement approved on February 24, 2020, since a site
inspection was performed on May 9, 2023, which confirmed the 1041 WOGLA19-0028
construction was not started within three (3) years of approval and the permit expired on
April 8, 2023, and
WHEREAS, the Departments of Planning Services, Public Works, Oil and Gas Energy,
and the County Attorney's Office recommend that the Board of County Commissioners consider
approving the termination of the Road Maintenance Improvements Agreement for 1041 Weld Oil
and Gas Location Assessment Permit, 1041 WOGLAI 9-0028, approved on February 24, 2020,
Reception #4569791, for Longs Peak Resources, LLC, do Boomtown Oil, LLC, since the permit
has expired and it is no longer necessary, and
WHEREAS, upon recommendation of staff, the Board deems it advisable to terminate the
Road Maintenance Improvements Agreement for 1041 WOGLAI9-0028, approved on
February 24, 2020, Reception #4569791, for Longs Peak Resources, LLC, c/o Boomtown Oil,
LLC.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Road Maintenance Improvements Agreement for 1041 Weld Oil and
Gas Location Assessment Permit, 1041 WOGLA19-0028, be, and hereby is, terminated.
4907622 Pages: 1 of 2
07/06/2023 11:49 AM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County , CO
VIIII ���IY1hti'rl�t<'Ia}il�k� PA rill Farlil li.14:lid 11 III cc:PL TP/KN/DR/3 M)
2023-1671
07/F9 /23 OG0003
APPROVE TERMINATION OF IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT
(USR12-0065) - KORWELL LAND HOLDINGS, C/O JAMES CHICK
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 14th day of June, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: diew„,Weld County Clerk to the Board
BYG akan1 . - to J(
Deputy Clerk to the Board
APFORM:
County orney
Date of signature: k3f'2
Perry L. B - Pro-Tem
4907622 Pages: 2 of 2
07/06Clerk /2023 11:49 AM R Fee : $0.00
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2023-1671
OG0003
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: BOCC Agenda Item - Approve Termination of Road Maintenance Agreement for:
Longs Peak Resources, LLC, c/o Boomtown Oil, LLC — 1041 WOGLA19-0028
DEPARTMENT: Planning Services DATE: May 23, 2023
PERSON REQUESTING: Jazmyn Trujillo -Martinez
Brief description of the problem/issue:
The Department of Planning Services received a request from the Oil and Gas Energy Department on behalf of
Longs Peak Resources, LLC, c/o Boomtown Oil, LLC, requesting that the Board of County Commissioners
consider approving the termination of the Road Maintenance Agreement for (1041 WOGLAI9-0028). The Road
Maintenance Agreement was approved on February 24, 2020 and recorded as Reception #4569791- and Tyler
#2020-0673. The 1041 WOGLAI 9-0028 construction was never started within three years of approval thus
1041 WOGLA 19-0028 has expired.
Weld County Planning Services, Public Works, Oil and Gas Energy, and the County Attorney's Office 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 1041 WOGLA Permit Final Order, as signed by the
Oil and Gas Energy Hearing Officer.
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 2. The Departments of Planning Services, Public Works, Oil and Gas Energy, and the County Attorney's
Office are recommending approval of the termination of the Road Maintenance Agreement According To Policy
for 1041 WOGLA19-0028, and that this item be placed on the next regularly scheduled BOCC Hearing, as part
of the Regular Agenda.
Perry L. Buck, Pro-Tem
Mike Freeman, Chair
Scott K. James
Kevin D. Ross
Lori Saine
Approve
Recommendation
Schedule
Work Session
\fltx''L
Vov tryyp
�i
Other/Comments:
OWI
2023-1671
OG oeb.3
Karla Ford
From:
Sent:
To:
Cc:
Subject:
Approve
Sent from my Phone
Mike Freeman
Tuesday, May 30, 2023 10:58 AM
Kevin Ross
Karla Ford; Perry Buck; Scott James
Re: #3 - Please Reply BOCC PA REVIEW - 1041 WOGLA19-0028 — Longs Peak Resources
On May 30, 2O23, at 8:31 AM, Kevin Ross <kross@weld.gov>wrote:
I approve
Kevin Ross
From: Karla Ford <kford@weld.gov>
Sent: Tuesday, May 30, 2023 8:30:13 AM
To: Mike Freeman <mfreeman@weld.gov>; Perry Buck <pbuck@weld.gov>; Scott James
<sjames@weld.gov>; Kevin Ross <kross@weld.gov>
Subject: #3 - Please Reply BOCC PA REVIEW - 1041WOGLA19-0028 -- Longs Peak Resources
Please advise if you approve recommendation. Thank you.
Karla Ford .
Office Manager, Board of Weld County Commissioners
1150 0 Street, P.O. Box 758, Greeley, Colorado 80632
:: 970.336-7204 :: kfordt?weldgov.com :: www.weldgov.com
**Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.**
<image002.jpg>
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to
which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received
this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying,
distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named
recipient is strictly prohibited.
From: Jazmyn Trujillo -Martinez <jtrujillomartinez@weld.gov>
Sent: Tuesday, May 30, 2023 7:56 AM
To: Cheryl Hoffman <choffman@weld.gov>; Daniel Mesa <dmesa@weld.gov>; Dawn Anderson
<dranderson@weld.gov>; Esther Gesick <egesick@weld.gov>; Karla Ford <kford@weld.gov>; Tom Parko
Jr <tparko@weld.gov>
Subject: BOCC PA REVIEW - 1041WOGLAI9-0028 — Longs Peak Resources
ATTACHED BOCC PA REVIEW
Improvements Agreement: Termination of Road Maintenance Agreement
Case/Applicant: 1041WOGLA19-0028 — Longs Peak Resources, LLC, c/o Boomtown Oil, LLC
1
Karla Ford
From:
Sent:
To:
Cc:
Subject:
Approve
Perry Buck
Tuesday, May 30, 2023 3:05 PM
Karla Ford
Mike Freeman; Scott James; Kevin Ross
Re: #3 - Please Reply BOCC PA REVIEW - 1041WOGLA19-0028 — Longs Peak Resources
Sent from my iPhone
On May 30, 2023, at 8:30 AM, Karla Ford <kford@weld.gov>wrote:
Please advise if you approve recommendation. Thank you.
Karla Ford
Office Manager, Board of Weld County Commissioners
1150 O Street, P.O. Box 758, Greeley, Colorado 80632
:: 970.336-7204 :: kford weidgov.com :: www.weldgov.com
**please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.**
<image002.jpg>
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to
which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received
this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying,
distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other thon the named
recipient is strictly prohibited.
From: Jazmyn Trujillo -Martinez <jtrujillomartinez@weld.gov>
Sent: Tuesday, May 30, 2023 7:56 AM
To: Cheryl Hoffman <choffman@weld.gov>; Daniel Mesa <dmesa@weld.gov>; Dawn Anderson
<dranderson@weld.gov>; Esther Gesick <egesick@weld.gov>; Karla Ford <kford@weld.gov>; Tom Parko
Jr <tparko@weld.gov>
Subject: BOCC PA REVIEW - 1041WOGLA19-0028 — Longs Peak Resources
ATTACHED BOCC PA REVIEW
Improvements Agreement: Termination of Road Maintenance Agreement
Case/Applicant: 1041WOGLA19-0028 — Longs Peak Resources, LLC, c/o Boomtown Oil, LLC
Please note: Regular Agenda
Thanks Karla!
Best,
Jazmyn Trujillo -Martinez
Development Review
Weld County Planning Services
1
Karla Ford
From:
Sent:
To:
Cc:
Subject:
Approve - thanks!
** Sent from my iPhone **
Scott James
Tuesday, May 30, 2023 12:34 PM
Karla Ford
Mike Freeman; Perry Buck; Kevin Ross
Re: #3 - Please Reply BOCC PA REVIEW - 1041 WOGLA19-0028 Longs Peak Resources
Scott K. James
Weld County Commissioner, District 2
1150 0 Street, P.O. Box 758, Greeley, Colorado 80632
970.336.7204 (Office)
970.381.7496 (Cell)
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning
the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
On May 30, 2023, at 8:31 AM, Karla Ford <kford@weld.gov>wrote:
Please advise if you approve recommendation. Thank you.
Karla Ford
Office Manager, Board of Weld County Commissioners
1150 0 Street. P.O. Box 758, Greeley, Colorado 80632
970.336-7204 :: kfordweldgov.com :: www.weldgov.com
**Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.**
<image002.jpg>
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to
which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received
this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying,
distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named
recipient is strictly prohibited.
From: Jazmyn Trujillo -Martinez <jtrujillomartinez@weld.gov>
Sent: Tuesday, May 30, 2023 7:56 AM
1
May 11, 2023
Brandi Terry
1416 Campbell, Building B, Suite 208
Houston, TX 77055
Oil and Gas Energy Department
1402 N. 176 Ave.
Greeley, CO 80631
970-400-3580 office
oggdilweldgxv
Re: 1041 WOGLA 19-0028
Ms. Brandi Terry:
This letter serves as notice that the referenced Weld Oil and Gas Location Assessment Permit
expired on April 8, 2023.
Applicant: Longs Peak Resources, LLC
Record Number: 1041 WOGLA 19-0028
Location Name: Jaco East 1807-7NH Pad
Parcel Number: 020519000003
Approval Date: April 8, 2020
Legal Description: NENE Section 19, Township 11 North, Range 65 West, 6' P.M., Weld
County, Colorado
A site inspection was performed on May 9, 2023, and it was confirmed that construction had not
begun on this Location.
Pursuant to Sec.23-2-1050., ORD2015-26: Construction pursuant to approval of a WOGLA shall
be commenced, and continual progress made within three (3) years from the date of approval, or
the approval shall terminate. If it is still the intent to pursue this Oil and Gas Location, submittal
of a new 1041 WOGLA Application is required. Pursuant to Sec.21-5-315., ORD2021-17, the
Application process shall begin with a request for a pre -application meeting.
Please contact the Oil and Gas Energy Department should there be any questions or concerns.
Sincerely,
e -11-.^-.517(Z92
Jason S. Maxey
Director
Ceram+ ?ZP#3406
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW/Regular or Consent Hearing Agenda REQUEST
RE: BOCC Agenda Item - Approve Read Maintenance Agreement for:
Longs Peak Resources, LLC, c/o Boomtown Oil, LLC — 1041 WOOLA 19-0028
DEPARTMENT: Public Works DATE: January 23, 2020
PERSON REQUESTING: 1'ha Juaaiooreng
Brief description of the issae:
The Department of Public Works received a request from the applicant, Longs Peak Resources, LLC, do
Boomtown Oil, LLC, requesting that the Board of County Commissioners consider approving the Road
Maintenance Aunt for (104l WOQLA19.0028). No collateral is required with this agreement.
Weld County Public Works, Oil and Gas Energy and the County Attorney's Office have reviewed the
above -mentioned signed original document and observed the following:
s 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 1041 WOOLA Pemut, as signed by the Hearing Officer
for the Weld County Department of Oil and Gas Energy.
What options exist for the Board?
1. Have this !MCC ,Hearing item be placed on the next available agenda err part of the Consent Agenda.
2. Have°thin BOCC Rearing hem be placed on the next available agenda as part of the Regular Agenda.
Recommendation:
Option I. The Departments of Public Works, Oil and Gas Energy and the County Attorney's Office are
recommending approval of the Road Maiuenance Agreement According To Policy for 1041 WOGLAI9-0028,
and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Consent Agenda.
ors
Sean P. Cbnvnoy
titike Freeman, Chair
Scott K. James
Barbara Kirlmmyer
Steve Moreno, Pro-Tem
.� C i1t1 QM, t_ 1071,1)
O3/O4 t erg
04-&-ae-'(A))
2020-0673
OCR-oo63
ROAD MAINTENANCE
IMPROVEMENTS AGREEMENT
Longs Peak Resources, LLC, cla town Oil, LLC —1041 WOGLA19-0028
THIS AGREEMENT is made this day of14U I 202 , by and between Longs Peak
Resources, LLC, c/o Boomtown Oil, LLC, a corporation organized ufider the laws of the State of Colorado,
whose address is 1416 Campbell Building B, Suite 208, Houston, TX 77055, 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:
Being Part of the NE1/4 NE1/4 of Section 19, Township
11 North, Range 65 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 WOGLA 19-0028, and
WHEREAS, Operator acknowledges that the final approval of 104lWOGLAl9-0028 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 It 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 128
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 WOGLA 19-0028 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:
I) 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.
Longs Peak Resources, LLC, c/o Boomtown Oil, LLC - 1041 WOGLAf 9-0028 - RMA20-0003
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2.0 , Notice of Construction. A pre -construction inspection and a post -construction inspection shall be
performed by County personnel to determine the site -specific condition of the road. The Operator shall
provide the Weld County Department of Public Works 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 Weigh_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 Public Works 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 by the Department of Public Works. 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 Signape. Operator shall install vavel route signs, if applicable, as per Manual of
Uniform Traffic Control Devices standards, et 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 Saul Routes, Except as authorized by the Weld County Board of
County Commissioners or the Director of the Department of Weld County Public Works, 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. Meiatetuace Requirements:
I.0 Off -site recurring maintenance, if applicable, and as required by the Departments of 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 WOGLAl9-0028 deteriorate the chemical application performed by the County, the
Operator will be responsible for re -applying chemical to return the road to pm -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.
Longs Peak Resources, LLC,. Boomtown Oil, LLC - 1041 WOGLA 19-0028 - RMA20-0003
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3.0 Renal,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,
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 sham 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 altemate 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 sham 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 sham of costs. Operator
agrees to pay such proportional share of costs within 35 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. Asa 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 sham 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.
Longs Peak Resources, LLC, c/o Boomtown oil, LLC - 1041 WOG LA 19.0028 - RMA20-0003
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PART H: 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:
1.0 Access Permits. Operator shall not use any access onto any County road unless and until an access
permidhas been issued by the Department of Public Works. Public Works 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 Might -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 terns 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.
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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,
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 shalt 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 Severabiliryz 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 shal I 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 cdnditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly
reservgd 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
Longs Peak Resources, LLC, c/o Boomtown Oil, LLC - 104I WOGLA 14-0028 - RMA20-0003
Page S of 7
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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.
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/Jurisdictioe. 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 taws, 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 Casts. 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 compensations 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 One (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 ofthis Agreement.
Longs Peak Resources, LLC, c/o Boomtown Oil, LLC • 1041 WOGLAI9-0028 - RMA20-0003
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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.
OPERATOR: to Peak Resources, LLC, c/o Boomtow Oil, LLC
By: Date: I // v
Name: /47 '
Title: �-•L_
STATE OF COLORADO
SS.
County of Weld
The foregoing instrument was acknowledged before me tltisi ofgA,
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, X` yNOtary ID 126137919
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WITNESS my hand and official seal.
Notary
Pu
WELD COUNTY:
BY
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Mike Freeman, Chair
FEB 2 4 2020
Longs Peak Resources, LLC, do Boomtown Oil, LLC - I04I WOOLAI9-002g - RMA20-0003
Page 7 of 7
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Contract Form
New Contract Request
Entity Information
Entity Name. Entity ID •
LONGS PEAK RESOURCES LLC @00041564
Contract Name*
RMA 1041 WOGLA19-0028 LONGS PEAK RESOURCES LLC 3406
Contract ID
Contract Status
CTB REVIEW
Contract Lead.
TJUANICORENA
❑ New Entity?
Parent Contract ID
Requires Board Approvals
YES
Contract Lead Email Department Project #
tjuanicorena@co weld co us
Contract Description •
RMA 1041WOGLA19-0028 LONGS PEAK RESOURCES LLC NO COLLATERAL REQUIRED
Contract Description 2
Contract Type'
AGREEMENT
Department
PUBLIC WORKS
Amount* Department Email
$0 00 CM-
PublicWorka@weldgov corn
Department Head Email
CM-PublicWarks-
DeptHead@weldgov corn
Renewable •
NO
Automatic Renewal
Grant
IGA
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WELD
GOV COM
Requested MCC Agenda
Due
02/17/2020
Due Daze
02/13/2020
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 MA enter MCA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in
Ongase
Contract Dates
Effective Date Review Date* Renewal Date
02/24/2021
Termination Notice Period Committed Delivery Date Expiration Date.
02/23/2022
Contact Information
Contact Info
Contact Name Contact Type Contact Email Contact Phone I Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
CONSENT 02/05/2020
Approval Process
Department Head finance Approver Legal Counsel
JAY MCDONALD CONSENT CONSENT
DH Approved Date Finance Approved Date Legal Counsel Approved Date
02/05/2020 02/05/2020 02/05/2020
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
Originator
TJUANICORENA
Tyler Ref #
HLD4ORIG
Submit
7.7 V,7/.97 raysar.
02/28/2020 0109 PM
Carly Koepac, Clerk and Recorder, Weld County, CO
II ilk EI II
FINAL ORDER
BEFORE THE WELD COUNTY 1041 WOGLA HEARING OFFICER
Docket Number 1041WOGLA19-0028
1041 WOGLA Hearing Officer Brian Macke heard this matter on February 13, 2020 at the Weld
County Oil & Gas Energy Hearing Room, 1301 N 17th Ave, Greeley, CO 80631 upon application for
a 1041 WOGLA Permit located in the NENE of Section 19, Township 11 North, Range 65 West,
6th P.M., Weld County, Colorado. Present for the hearing were Dwight Mallory, Permit and
Enforcement Specialist, Weld County; Stephanie Frederick, Oil & Gas Technician; Weld County;
Bruce Barker, County Attorney, Weld County; and Kent Snyder, Vice President, Longs Peak
Resources, LLC. Having heard the testimony presented and considering documents submitted
for review, including the application, the Hearing Officer makes the following Findings of Fact and
Order:
Findings of Fact and Law
The Hearing Officer makes the following findings of fact:
1. Longs Peak Resources, LLC ("LPR" or "Applicant") as applicant for the above referenced
Docket delivered its 1041 WOGLA Permit Application ("Application" or "Permit") dated
December 4, 2019 to the Weld County Oil & Gas Energy Director ("Director" or "Staff").
2. Upon review of the Application, Mr. Mallory 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").
3. At the scheduled Hearing on February 13, 2020 Mr. Mallory gave testimony that the
Application was viewed as complete and further testified that the Application was found
to be in compliance with the Code including the Development Standards within Sec 21-5-
320 E. and Division 4 of Article 5 ("Development Standards") of the Code. Mr. Mallory
further testified that certain Conditions of Approval ("COA's") and Best Management
Practices ("BMP's") are outlined within the Staff Report and attached to the Application.
Mr. Mallory concluded his testimony with a recommendation to the Hearing Officer that
the Application should be approved.
4. Mr. Snyder gave testimony that he has reviewed and agreed to be bound to the
Development Standards within the Code; the COA's and BMP's within the Staff Report;
and the Development Standards and Conditions within the referral agency comments
received from Weld County Public Works and Weld County Department of Public Health
and Environment. Mr. Snyder further testified his understanding that approval of the
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01.09 PM R F..:$0.00
Carly Konpm , Clerk and Recorder, Weld County, CO
■��� IN .r1�1G�� 1ti04il Vitt +loll lG' 4111r II III
Permit would subject the Applicant 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.
5. Mr. Mallory gave testimony that the Application made reference that the location was
remote and that light industrial noise levels should apply for this Application. Mr.
Mallory testified that upon review of the Application with the Weld County Department
of Public Health the location was not determined to be remote and that the
Residential/Agricultural/Rural noise levels should apply for this Application. Mr. Snyder
testified that he agreed that Residential/Agricultural/Rural noise levels will apply for this
Application.
6. Mr. Snyder testified that LPR has plans to have a midstream gas gathering pipeline
available to transport gas production from the facility and that if production operations
commence at the facility prior to natural gas pipeline access, LRP will comply with all
Colorado Oil and Gas Conservation Commission and Colorado Air Pollution Control
Division requirements for temporarily flaring natural gas that would otherwise be
captured in a pipeline. This is an additional BMP that was not referenced within the Staff
Report.
7. Mr. Snyder testified that LPR will implement a Leak Detection and Repair ("LDAR")
program for this location as part of an overall leak and spill prevention program. This is
an additional BMP that was not referenced within the Staff Report.
8. Upon review of the Application and the Staff Report and upon taking testimony from Mr.
Mallory and Mr. Snyder the Hearing Officer found the Application to be complete.
9. 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
February 13, 2020 Hearing, the Hearing Officer found that a final order ("Final Order") to
approve the Application should be entered.
FINAL ORDER
NOW, THEREFORE, IT IS ORDERED, that
1. LRP's 1041 WOGLA Permit heard under Docket Number 1041WOGLA19-0028 and located in
the NENE of Section 19, Township 11 North, Range 65 West, 6th P.M., Weld County, Colorado,
is hereby approved.
2. LRP is hereby bound to the Development Standards within the Code, the COA's and BMP's
within the Staff Report, as amended to include the additional BMP's described in items 4. and
5. below; and the Development Standards and Conditions within the referral agency
comments received from Weld County Public Works and Weld County Department of Public
Health and Environment the contents of which can be located at https://accela-
aca,co.weld.co.uskitizenaccessi.
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02/28/2020 01:01;71T R Faa:$0.00
Carly Kopp* . Clerk and R•oord.r, Meld County, CO
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3. It is ordered that if production operations commence at the facility prior to natural gas
pipeline access, LPR will comply with all Colorado Oil and Gas Conservation Commission and
Colorado Air Pollution Control Division requirements for temporarily flaring natural gas that
would otherwise be captured in a pipeline.
4. It is ordered that a LDAR program will be implemented for this location as part of an overall
leak and spill prevention program as an additional BMP added to the BMP's referenced within
the Staff Report and attached to the Application.
5. 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 will 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 once, not more than fourteen (14) days after approval
of the 1041 WOGLA Permit. The Permit shall be effective upon recording and publication.
Weld County Oil & Gas Energy
By:
Brian J. Macke, Hearing Officer
Dated: February 19, 2020
4369794 rages: 4 of 6
02/28/2020 01:09 PM R Foe :$0.00
Carly Kopp., Clerk and Recorder, Weld County, CO
IIIII MPOIYIIMI*4'10411* Iiii hill' « II III
1041 WOGLA Permit
STAFF REPORT
Record Number 1041WOGLA19-0028
Staff Specialist: Dwight Mallory
Company/Applicant: Longs Peak Resources, LLC
Location Name: Jaco East 1807-7NH Pad
Hearing Date: February 13, 2020
Legal Description: NENE1/4, Section 19, Township 11 North, Range 65 West of the 6th PM
Proposed Use: New Oil and Gas Location with 14 Well Pad and Production Facility
SUMMARY
The Captioned 1041 WOGLA Application (Application) was submitted by Longs Peak Resources, LLC (LPR or
Applicant) pursuant to Section 21-5-320 of the Weld County Code (Code).
The Staff of the Weld County Oil and Gas Energy Department (OGED or Staff) has completed a review of the
Application, and recommends that 1041WOGLA19-0028 be APPROVED for the following reasons:
1. The submitted Application complies with the requirements of Section 21-5-320 of Code.
2. In the opinion of Staff, the Applicant has demonstrated compliance with the Development Standards in
Chapter 21, Article 5, Division 4 of the Weld County Code and has committed, as outlined in the Application,
to develop and operate the Oil and Gas Location in a manner that is protective of the health, safety, security
and general welfare of the present and future residents of Weld County, as well as the environment and
wildlife.
3. Pursuant to Sec. 21-5-330 of the Code, notice of the 1041 WOGLA Hearing was mailed to required parties,
including the Surface Owner of the parcel where the proposed Oil and Gas Location is sited. Notice of the
hearing was also published in the Greeley Tribune on January 1, 2020.
4. Staff requested comment from various referral agencies pursuant to Sec. 21-5-330.A of the Code.
Comments received from referral agencies have been made part of the Application record and are viewable
through the E -Permit Center on the Weld County website. Where appropriate, Conditions of Approval have
been established based on referral agency comments.
a. Responses were received from the following referral agencies:
i. Colorado Oil & Gas Conservation Commission (COGCC): Referral sent 12/31/2019. Response
with comments received 01/29/2020.
ii. Colorado Department of Public health and Environment (CDPHE): Referral sent on
12/31/2019. Response with comments received on 01/06/2020.
iii. Colorado Parks and Wildlife (CPW): Referral sent 12/31/2019. A response indicating that CPW
had no conflicts with the proposed Oil and Gas Location was received on 01/02/2020.
iv. Weld County Department of Public Health and Environment: Referral sent on 12/31/2019.
Response with comments received 01/03/2020.
v. Weld County Office of Emergency Management (OEM): Referral sent on 12/31/2019. OEM
approved the Emergency Action Plan (EAP) and Tactical Response Plan (TRP) on 01/22/2020.
vi. Weld County Department of Public Works: Referral sent on 12/31/2019. Response with
comments received on 01/28/2020.
b. No response was received from the following referral agencies:
i. Nunn Fire Protection District: Referral sent 12/31/2019.
5. There are no Local Governments whose boundaries are within 1,320 feet of the proposed Oil and Gas
Locations.
6. There are no Schools, School Facilities or Child Care Centers within 1,320 feet of the proposed Oil and Gas
Location. However, Ault -Highland RE -9 School District was provided an opportunity to provide comments
with respect to bus routes and traffic related to the Application. No response was received.
7. The Applicant certifies that they have Surface Use Agreements (SUA) with the Surface Owner of the tract
where the proposed Oil and Gas Location will be sited.
8. The OGED did not receive any Applications for Intervention regarding 1041WOGLA19-0028.
CONDITIONS OF APPROVAL
The Staff recommendation for approval is conditioned upon the Applicant's continued compliance with Chapter 21,
Article 5, Division 4 and other applicable sections of the Weld County Code, the BMPs and other mitigation measures
identified in the application, as well as applicable state and federal requirements. Additionally, OGED Staff
recommends the following specific Conditions of Approval:
1. Prior to Construction
a. A Final Drainage Report stamped and signed by a Professional Engineer registered in the State of
Colorado shall be submitted to Weld County Public Works.
b. A Weld County Grading Permit issued by Weld County Public Works shall be required.
2. Prior to Drilling Operations
a. Applicant shall provide initial baseline groundwater sampling data, collected pursuant to COGCC Rule
609, or a determination that the site is not subject to COGCC Rule 609.
4369794 Pages: 3 of 6
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Carly Kopp., Clerk and Recorder, Weld County, CO
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