HomeMy WebLinkAbout20230925.tiffRESOLUTION
RE: APPROVE TERMINATION OF ROAD MAINTENANCE IMPROVEMENTS
AGREEMENT FOR 1041 WELD OIL AND GAS LOCATION ASSESSMENT PERMIT,
1041WOGLA20-0070 COMPREHENSIVE DEVELOPMENT PLAN - HIGHPOINT
OPERATING CORPORATION
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 September 2, 2020, Curt Moore, Hearing Officer, for the
Weld County Oil and Gas Energy Department approved 1041 Weld Oil and Gas Location
Assessment Permit, 1041 WOGLA20-00070 Comprehensive Development Plan for Highpoint
Operating Corporation, on the following described real estate, to -wit:
NWSW, N2NW, NENE of Section 35, Township 4
North, Range 62 West of the 6th P.M., Weld County,
Colorado
WHEREAS, on September 14, 2020, the Board approved a Road Maintenance
Improvements Agreement for 1041 Weld Oil and Gas Location Assessment Permit,
1041 WOGLA20-0070 Comprehensive Development Plan, 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, HighPoint Operating Corporation, requesting that
the Board of County Commissioners consider approving the termination of Road Maintenance
Improvements Agreement approved on September 14, 2020, since the 1041 WOGLA20-0070
Comprehensive Development Plan construction was not started within two (2) years of approval
and the permit expired on September 19, 2022, and
WHEREAS, the Departments of Planning Services, Public Works, Oil and Gas Energy,
and the County Attorney's Office recommends 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 WOGLA20-00070 Comprehensive Development
Plan, approved on September 14, 2020, Reception #4632135, for HighPoint Operating
Corporation, 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 WOGLA20-00070 Comprehensive
Development Plan, approved on September 14, 2020, Reception #4632135, for HighPoint
Operating Corporation.
4892794 Pages: 1 of 2
04/17/2023 01:19 PM R Fee:$0.00
Carly Kopp., Clerk and RAoorder, Weld County , CO
VIII IriIVrkli4 1ANharl NtIi Nikki 11111
CC'. PL (11A /STI4)
0412-1 /23
2023-0925
OG0003
APPROVE TERMINATION OF ROAD MAINTENANCE IMPROVEMENTS AGREEMENT
(1041 WOGLA20-0070 COMPREHENSIVE DEVELOPMENT PLAN) - HIGHPOINT OPERATING
CORPORATION
PAGE 2
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 WOGLA20-00070 Comprehensive Development Plan,
be, and hereby is, terminated.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 3rd day of April, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: diztov w ;64, o
Mi eman, Chair
Weld County Clerk to the Board
BY: (//14
eputy Clerk to the Boar
APP' •' ED AS
ounty ney
Date of signature: py /t i /23
NI
4892794 Pages: 2 of 2
04/17/2023 01:19 PM R Fee:$0.00
Carly Koppos, Clerk and R�oorder, Wld County , Co
iIII ��N4�,Ihiil 'li+�,k'�Jr �' � G LING ii1;MI.+��Ylr II II
-4,,,x
k, Pro-Tem
Scott K. James
evin Ross
EXCUSED
Lori Saine
2023-0925
OG0003
BOARD OF COUNTY COMMISSIONERS
PASS AROUND REVIEW
PASS -AROUND TITLE: BOCC Agenda Item - Approve Termination of Road Maintenance Agreement for:
HighPoint Operating Corporation — 1041WOGLA20-0070 Comprehensive Development Plan
DEPARTMENT: Planning Services DATE: March 21, 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
the applicant HighPoint Operating Corporation, requesting that the Board of County Commissioners consider
approving the termination of Road Maintenance Agreement for (1041 WOGLA20-0070 Comprehensive
Development Plan). The Road Maintenance Agreement was approved on September 14, 2020 and recorded as
Reception #4632135 and Tyler #2020-2795. The 1041 WOGLA20-0070 Comprehensive Development Plan
construction was never started within two years of approval thus 1041 WOGLA20-0070 Comprehensive
Development Plan 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 WOGLA20-0070 Comprehensive Development Plan, and that this item be placed on the next regularly
scheduled BOCC Hearing, as part of the Regular Agenda.
Approve Schedule
Recommendation Work Session Other/Comments:
Perry L. Buck, Pro-Tem
Mike Freeman, Chair
Scott K. James
Kevin D. Ross
Lori Seine
2023-0925
March 7, 2023
Jeff Annable
650 Southgate Drive
Windsor, CO 80550
Re: 1041 WOGLA20-0070
Mr. Jeff Annable:
Oil and Gas Energy Department
1402 N. 17th Ave.
Greeley, CO 80631
970-400-3580 office
oged@weldgov.com
This letter serves as notice that the referenced Weld Oil and Gas Location Assessment Permit
expired on September 19, 2022.
Applicant: HighPoint Operating Corp.
Record Number: 1041 WOGLA20-0070
Location Name: Anschutz Equus Farms 4-62-35 CDP
Parcel Number: 104935100002
Approval Date: September 19, 2020
Legal Description: N WSW, N2NW, NENE Section 35, Township 4 North, Range 62 West,
6th P.M., Weld County, Colorado
Pursuant to the Final Order of approval dated September 2, 2020: "The applicant will deliver
WOGLA applications to staff for each of the three WOGI.A locations described in the CDP Permit
Application at least 45 days but no more than 6 months prior to construction operations."
Construction pursuant to approval of this CDP Permit Application shall be commenced, and
continual progress made within two (2) 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,
Jason S. Maxey Ai"?
Director
i� 11-119 42'
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW/Regular or Consent Hearing Agenda REQUEST
RE: BOCC Agenda Item - Approve Road Maintenance Agreement for:
HighPoint Operating Corporation — 1041WOGLA20-0070 Comprehensive Development Plan
DEPARTMENT: Public Works DATE: August 24, 2020
PERSON REQUESTING: ,Tazmvn Truiillo-Martinez
Brief description of the issue:
The Department of Public Works received a request from the applicant, HighPoint Operating Corporation,
requesting that the Board of County Commissioners consider approving the Road Maintenance Agreement for
(1041 WOGLA20-0070 Comprehensive Development Plan). No collateral is required with this agreement.
The Oil and Gas Energy Department's hearing for 1041 WOGLA20-0070 CDP is scheduled for August 27, 2020.
Weld County Public Works and Oil and Gas Energy Department 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?
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, Oil & Gas Energy Department and the County Attorney's Office
are recommending approval of the Road Maintenance Agreement According To Policy for 1041 WOGLA20-0070
Comprehensive Development Plan, and that this item be placed on the next regularly scheduled BOCC Hearing,
as part of the Consent Agenda.
Anorove Schedule as Regular
Recommendation HUCC Marine Item Other/Comments:
Mike Freeman, Chair
Scott K. James
Barbara Kirkmeyer
Steve Moreno, Pro-Tem
Kevin D. Ross
y_ /1/- 0.d
F
f
ccF At'TL! 3Ten),
��, _1L(TPk��P .-r?-9 2020-2795
DocuSign Envelope IP: 3lS0B7CF-C995.42C7-98C7-8AD5782B6C75
ROAD MAINTENANCE
IMPROVEMENTS AGREEMENT
HighPoint Operating Corporation — 1041WOGLA20-0070 Comprehensive Development Plan
THIS AGREEMENT is made this 18th day of August , 20212, by and between HighPoint
Operating Corporation, a corporation organized under the laws of the State of Delaware, whose address is
555 - 7th Street, Suite 3600, Denver, Colorado 80202, hereinafter referred to as "Operator," authorized to
do besitess in the State of Colorado, and the County of Weld, a body corporate and politic of the State of
Colorada, 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
(104 _ WOGLA) Comprehensive Development Plan (CDP) permit located on the following described
property in the County of Weld, Colorado:
Townshio 4 North, Range 62 West, 6th P.M.
Section 35: NW1/4 SW1/4, Nl/2 NW1/4, NEI/4 NEl/4
hereinafter referred tom "the Property," and
WHEREAS, Operator has received approval by the Hearing Officer of the Oil and Gas Energy
Department for 1041 WOGLA20-0070, and
WHEREAS, Operator acknowledges that the final approval of 1041 WOGLA20-0070 is
condiaral 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:
PAR" 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
Depafieent of Public Works. The Operator shall be financially responsible for its proportional share of the
Coney's costs associated with maintaining and/or improving designated haul/travel routes as related to
traffc guteration. Traffic generated from this CDP shall enter and exit at the approved accesses on CR 386
and tavel to the nearest paved arterial or collector road, or highway, and remain on paved roads for further
dispesall Any County roads used by traffic associated with 1041 WOGLA20-0070 CDP may become part
of the established haul/travel routes.
1.1 Haul Routes. The following roads are designated as haul/travel mutes for any time period
designated as construction or high -volume traffic to and from the Property:
1) See "EXHIBIT A" - Haul Route Map.
�) The haul route shall remain in effect during all times of heavy road use including but not
Timited to, construction, drilling of wells, and hydraulic fracturing.
FighPoint Operating Corporation — 1041 WOGLA20-0070 Comprehensive Development Plan — RMA20-0043
Page 1 of
a2ao2o 279
DocuSign Envelope ID: 3B50B7CF-C995-42C7-96C7-SAD5782B8C75
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 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 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
mom 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 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. Maintenance Reaairements:
1.0 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 WOGLA20-0070 CDP 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.
HighPoint Operating Corporation — ]041 WOGLA20-0070 Comprehensive Development Plan — RMA20-0043
Page 2 of 7
DocuSign Envelope III 3135087CF-C995-42C7-98O7-8AD5782BBC75
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,
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 voice 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
commerce 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 hauUtravel 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
Imprsve aents/Repairs shall be undertaken and shall provide an alternate haul route for the duration of those
repairs. la 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
malntenaace, repair, or improvements to Operator's designated hauUtravel 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/itaprovement/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% 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
priorto making a final determination and assessment.
PART Lh GENERAL PROVISIONS
IlighPoint Operating Corporation — I04I WOGLA20-0070 Comprehensive Development Plan — RMA20-0043
Page 3of7
DocuSign Envelope ID: 3x504 7CF-0995-42C7-98.7-8AD5782B6C75
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
permit has 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 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
B of the Weld County Code.
�� 3.0 Termination of Agreement. This Agreement shall terminate upon the earliest of the following
of events:
.eo
5M
.1 3.1 Failure to Commence. County may terminate this Agreement upon or after rescission of
mNL� the underlying 1041 WOGLA permit approval under Weld County Code Chapter 21. However,
%W.!County may still exercise all necessary activities under this Agreement that the County determines
f necessary to protect the health, safety, and welfare of the residents of Weld County.
;EP; 3.2 Cessation of all Permit Related Activities. Termination of this Agreement shall occur upon
sN Operator's complete cessation of all activities permitted by the 1041 WOGLA, including any clean
aop up or restoration required. A partial cessation of activities shall not constitute a Termination of this
N p,�
EN $a'r HighPoint Operating Corporation —1041 WOGLA20-0070 Comprehensive Development Plan — gssA20-0043
NNy Page 4 of 7
��ci�
DocuSign Envelope ftY 3BBDB7CF-0995-4207-9BC7-8AD5782B6C75
Agreement, nor shall County's issuance of a partial release/vacation constitute a Termination.
[Mess 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
C) years.
33 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
r 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.
34 Revocation of 1041 WOGLA. This Agreement shall terminate following County's
evocation 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.
L2 County's rights and obligations under this Agreement shall automatically be delegated,
tr.ansfened, 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 partha.
3.0 Governmental Immunity. No team 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 IYo Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms
and condtions of this Agreement, and all rights of action relating to such enforcement, shall be strictly
reserved .o 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
incolfpoccted 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.
I4ghPoint Operating Corporation —1041 WOGLA20-0070 Comprehensive Development Plan — RMA20-0043
Page 5of7
DocuSign Envelope ID: 3850B7CF-C995-42C7-9807-8AD57a2B6C75
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.
HighPoint Operating Corporation —1041 WOGLA20-0070 Comprehensive Development Plan — RMA20-0043
Page 6 of 7
DocuSign Envelope ID: 385087CF-O995-42C7-98O7-BAD5782BBC75
OPERATOR: HighPoint Operating Corporation
By:
N
Title: surface Landman
STATE OF COLORADO
County of Weld
Date: 8/18/2020
SS.
The foregoing instrument was acknowledged before me this 18thday of August
202 by Cory Neighbors
oxuaiyroa by:
WITNIF.4`S my hand and nffrial ceal w. /, , ,,,
BRIANNA ASHLEY MCANDREIA Cbriatami.
Itt, dtdun
NOTARY PUBLIC Notary Public
STATE OF COLORADO
Notary ID: 20184043810
My tanmission expires 11/8/2022
WELD COUNTY:
ATTEST dalLeVG..p• ik,
Weld County Clerk to the Board
BY:
ty Clerk to the
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Freeman, Chair SEP 14 2020
ighPoint Operating Corporation — 1041WOGLA20-0070 Comprehensive Development Plan — RMA20-0043
Page 7 of 7
020020- A7? `��
Exhibit \ - Haul Rout
utsi
r
it% *ft
V'
I1\\'t ;4
4632135 Pages: 8 of 8
09/22/2020 10:52 AM R Fee:$0.00
Carly Koppes Clerk and Recorder. Weld County, CO
SillMM�� '1 14'G i�i��ihItlkkt�d ,ILW 11111
25
3 5
Mile;
.
Well Path
CJ
Haul Route
CO6 4N62W23_4N62W26
CO6 4N62W24_4N62W25
CO6 4N62W35 4N621136
DJ Basin Access Rds
EAISTING
APPROVED
PROPOSED
- - - - NOT IN USE
DJBasin Pipelines
EXISTING
APPROVED
PROPOSED
',NATER
R
Pad Location
4
Entity Information
Entity Name
HIGHPOINT OPERATING
CORPORATION
Entity ID*
@00042085
Contract Name:
RMA20-004.3 1041WOGLA20-0070 CDP HIGHPOINT
OPERATING CORPORATION
Contract Status
CTB REVIEW
❑ New Entity?
Contract ID
4092
Contract Lead.
DRANDERSON
Contract Lead Email
dranderson@co.weld.co.us
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Desoiptioa'
RMA20-0043 1041M[GGLA20-0070 CDP HIGHPOINT OPERATING CORPORATION NO COLLATERAL REQUIRED
Contract Description 2
Contract Type'
AGREEMENT
Amount*
$0.00
Renewable
NO
Automatic Renewal
Grant
IGA
Department
PUBLIC WORKS
Department Entail
CM-
PublicWorks@weldgov.com
Department Head Email
CM-PublicWorks-
DeptHead@weldgov.com
County Attorney
BOB CHOATE
County Attorney Email
BCHOATE@CO.WELD.CO.US
W ELD. CO. U S
Requested BOCC Agenda
Date
09,'14/2020
Due Date
09-10:2020
Mil a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be included?
NO
If this is a renewal eater 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 Inforntatwn
Review Date.
09'07!2021
Committed Delivery Date
Renewal Date
Expiration Date*
09:14:2021
Contact info
ContaCt Name
Purchasing
Purchasing Approver
CONSENT
Approval. Process
Department Head
JAY MCDONALD
DH Approved Date
0910812020
Final Approval.
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
09/14/2020
Originator
DRANDERSON
Contact Type Contact Email Contact Phone I Contact Phone 2
Finance Approver
CONSENT
Purchasing Approved Date
09!08;2020
Legal Counsel
CONSENT
Finance Approved Data legal Counsel Approved Date
0910812020 09/08/2020
Tyler Ref #
AG 091420
Cheryl Hoffman
From:
Sent:
To:
Cc:
Subject:
Attachments:
Good morning Cheryl,
Jazmyn Trujillo Martinez
Thursday, March 23, 2023 7:54 AM
Cheryl Hoffman
Dawn Anderson
1041 WOGLA20-0071 Comprehensive Development Plan — HighPoint Operating
Corporation
OnBase_Signed PA & Termination 1041WOGLA20-0070 HighPoint.pdf
The Termination of Road Maintenance Agreement for 1041WOGLA20-0071 Comprehensive Development Plan —
HighPoint Operating Corporation, is ready to be scheduled for a regular agenda date at your earliest convenience.
Please let me know if you need anything from me.
Best,
Jazmyn Trujillo -Martinez
Development Review
Weld County Planning Services
1402 North 17th Avenue
P.O. Box 758
Greeley, CO 80631
(970) 400-3711
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.
Cheryl Hoffman
From:
Sent:
To:
Subject:
Attachments:
Jazmyn Trujillo Martinez
Wednesday, March 22, 2023 7:42 AM
Cheryl Hoffman; Daniel Mesa; Dawn Anderson; Esther Gesick; Karla Ford; Tom Parko Jr
BOCC PA REVIEW - 1041WOGLA20-0070 CDP - HighPoint
Signed PA & Termination 1041 WOGLA20-0070 HighPoint.pdf
ATTACHED BOCC PA REVIEW
Improvements Agreement: Termination of Road Maintenance Agreement
Case/Applicant: 1041WOGLA20-0070 Comprehensive Development Plan — HighPoint Operating Corporation
Please note: Regular Agenda
Thanks, Karla!!
Best,
Jazmyn Trujillo -Martinez
Development Review
Weld County Planning Services
1402 North 17`h Avenue
P.O. Box 758
Greeley, CO 80631
(970) 400-3711
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.
1
4630402 Pages: 1 of 11
09/16/2020 02:57 PM R Fee:$0.00
Carly ',copes, Clerk and Recorder, Weld County, CO
■III KIL'T i' IVION111 1Il "Ill
FINAL ORDER
BEFORE THE WELD COUNTY 1041 WOGLA HEARING OFFICER
Docket Number 1041WOGLA20-0070
1041 WOGLA Hearing Officer Curt Moore heard this matter on August 27, 2020 at the Weld
County Oil & Gas Energy Hearing Room, 1301 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 NWSW, N2NW, NENE of Section 35,
Township 4 North, Range 62 West, 6th P.M., Weld County, Colorado. Present for the hearing
were Kelly Holliday, Permit and Enforcement Specialist, Weld County; Elisa Kunkel, Oil & Gas
Energy Technician, Weld County; Jason Maxey, Oil & Gas Energy Department Director, Weld
County; Gabe Kalousek, County Attorney, Weld County; and Cory Neighbors, Landman, HighPoint
Operating Corporation. 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. HighPoint Operating Corporation ("HighPoint" or "Applicant") as Applicant for the above
referenced Docket delivered its 1041 WOGLA Permit Application ("CDP Permit
Application" or "CDPPA") dated July 1, 2020 to the Weld County Oil & Gas Energy Director
("Director" or "Staff").
2. Upon review of the CDPPA, Ms. Holliday found the CDPPA to be complete and forwarded
the CDPPA 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 August 27, 2020, Ms. Holliday gave testimony that the CDPPA
was viewed as complete and further testified that the CDPPA 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. Ms. Holliday further
testified that the CDPPA was found to be in compliance with Section 21-5-320.6.9. which
encourages Applicants to submit Comprehensive Development Plans where feasible and
with the agreement of involved surface owners.
4. Ms. Holliday testified that certain Conditions of Approval ("COA's") and Best Management
Practices ("BMP's") are outlined within the Staff Report and attached to the CDPPA.
4630402 Pages: 2 of 11
09/16/2020 02:67 PM R Fee:$0.00
Carly Koodes, Clerk and Recorder, Weld County, CO
VIII l �11L" �L ' l��il�"lil�l4111tfrifiCiltilribill H
5. Ms. Holliday testified that the Prior to Recording COA described in the Weld County
Department of Public Works ("Public Works") referral response has been completed by
the Applicant. Ms. Holliday testified her recommendation that this COA be stricken from
the Public Works referral response.
6. Ms. Holliday testified that the three (3) oil & gas locations (the "WOGLA Locations")
located within the CDPPA will have certain site -specific requirements to be delivered by
the Applicant to the Staff (the "WOGLA Applications") at least 45 days but not more than
6 months prior to construction operations. Ms. Holliday testified that the site -specific
requirements are listed as COA's in the Staff Report. Ms. Holliday testified that the
WOGLA Applications will be reviewed and approved by the Director, unless the Director
finds that a WOGLA Application is substantially different in terms of the impacts described
in the CDPPA. Ms. Holliday testified that if the Director finds that a WOGLA Location is
substantially different then the CDPPA the Director will refer the WOGLA Location to the
Hearing Officer under the 1041WOGLA process as a new application.
7. Ms. Holliday testified that this CDPPA is Evergreen in nature which requires the Applicant
to be compliant with the current Code at the time each of the WOGLA Applications are
submitted to Staff.
8. Ms. Holliday concluded her testimony with a recommendation to the Hearing Officer that
the CDPPA should be approved.
9. Mr. Neighbors testified that the WOGLA Locations were selected as superior to other
alternative sites considered in negotiations with the surface owner. Mr. Neighbors
testified that the CDPPA and the WOGLA Locations will effectively consolidate the overall
impacts by locating the production facilities at a centralized production facility ("CPF") on
one (1) of the WOGLA Locations with the other WOGLA Locations being well -only pads.
Mr. Neighbors testified that the haul route for the WOGLA Locations has no building units
that would be impacted by the operations. Mr. Neighbors testified that the nearest
building unit is over one mile from the WOGLA Location in the NE/4 of Section 35,
Township 4North, Range 62 West. Mr. Neighbors testified that the CPF located in the
NW/4 of Section 35, Township 4 North, Range 62 West is over two (2) miles from the
nearest building unit. Mr. Neighbors testified that the alternative sites considered would
require more impactive haul routes and stand-alone production facilities. Mr. Neighbors
testified that the alternative sites would be located within riparian areas with potential
wildlife impacts and would also be closer in proximity to building units.
10. Mr. Neighbors gave testimony that the Applicant will source and deliver fresh water to
the WOGLA Locations for the completion operations via temporary pipelines which will
significantly reduce the impacts associated with truck traffic.
11. Mr. Neighbors gave testimony that the Applicant shall transport natural gas from the CPF
via a natural gas pipeline and that the Applicant will not flare gas at the CPF in the absence
of upset conditions within the pipeline system.
12. Mr. Neighbors testified that the Applicant will control dust on the proposed site and
private access road by constructing the access road and location with gravel or road base,
4630402 Pages: 3 of 11
09/16/2020 02:57 PM R Fee:50.00
Carly Koppes, Clerk and Recorder, Weld County, CO
11 11 1
speed restrictions and through the application of fresh water on the access road and
location as needed to suppress and mitigate any dust caused by the operations.
13. Mr. Neighbors testified that that the CPF will be powered by electrical power which will
reduce cumulative impacts in terms of noise and emissions over the life of the facility.
14. Mr. Neighbors testified that, if conditions warrant, the Applicant will install locked gates
on the private access road near Weld County Road 386 to control unauthorized public
entry to the WOGLA Locations.
15. Mr. Neighbors testified that the proposed WOGLA Locations will be compliant with the
allowable noise levels in the Code. Mr. Neighbors testified that the Applicant will, if
needed, mitigate any noise at the WOGLA Locations to maintain compliance with the
Code.
16. Mr. Neighbors testified that the facility will be constructed with secondary containment
with impervious lining to protect soil and water resources from leaks and spills from the
drilling, completion and production facility equipment. Mr. Neighbors testified that a
Leak Detection and Repair ("LDAR") program along with an audio, visual, olfactory
("AVO") program is planned for this location as part of an overall leak and spill detection
program. Mr. Neighbors testified that automation will be installed at this site which will
provide notice of facility upset conditions with remote shut-in capabilities. Mr. Neighbors
testified that the flowlines for this facility will be tested annually to determine if a flowline
has lost mechanical integrity. Mr. Neighbors further testified that the data collected from
the AVO, LDAR and flowline inspection programs will be made available to the Weld
County Department of Public Health and Environment if requested.
17. Mr. Neighbors testified that the CPF will not have permanent lighting. Mr. Neighbors
testified that the lighting during the construction and production phases at the WOGLA
Locations will be pointed downwards and inwards and shielded to mitigate light pollution
to nearby building units.
18. Mr. Neighbors testified that water -based drilling fluids will be used on the WOGLA
Locations.
19. Mr. Neighbors testified that the Applicant will design and implement a waste
management plan for WOGLA Locations that complies with the Colorado Department of
Public Health and Environment ("CDPHE") referral comments.
20. Mr. Neighbors testified that the Applicant has a fieldwide Stormwater Management
Permit that will include the WOGLA Locations in this CDPPA and complies with the
Colorado Water Quality Control Commission regulations.
21. Mr. Neighbors testified that the equipment installed at the WOGLA Locations will have all
required air emission permits required and referenced in the CDPHE referral comments.
22. Mr. Neighbors testified that the Applicant has an ozone mitigation program in place to
mitigate ozone impacts on forecasted high ozone days which is in line with the referral
comments received from the CDPHE.
4630402 Peg es : 4 of 11
09/16/2020 02:57 PM R Fee:$0,00
Carly Kopp., Clerk and Recorder, Weld County. CO
iii rdillidigNIMINVOMPialki Bill
23. Mr. Neighbors testified that any pipeline crossing of Weld County Road 386 will have the
necessary permit(s) from either the Oil & Gas Energy Department or the Weld County
Department of Public Works as part of the WOGLA Application review and approval.
24. Ms. Holliday and Mr. Neighbors stipulated in their respective testimony that the term of
this CDPPA shall be two (2) years from the date that this CDPPA is placed of record and
published.
25. Mr. Neighbors 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 (as amended) and Weld County Department of
Public Health and Environment. Mr. Neighbors further testified his understanding that
by granting approval of the CDPPA 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.
26. Upon review of the CDPPA and the Staff Report and upon taking testimony from Ms.
Holliday and Mr. Neighbors the Hearing Officer found the CDPPA to be complete.
27. Based on the facts stated in the CDPPA, having received no applications for intervention,
and based on the testimony presented to the Hearing Officer at the August 27, 2020
Hearing, the Hearing Officer found that a final order ("Final Order") to approve the CDPPA
should be entered.
FINAL ORDER
NOW, THEREFORE, IT IS ORDERED, that
1. HighPoint's 1041 WOGLA Permit heard under Docket Number 1041WOGLA20-0070 and
located in the NWNW, N2NW, NENE of Section 35, Township 4 North, Range 62 West, 6th
P.M., Weld County, Colorado, is hereby approved.
2. HighPoint is hereby 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 the Weld County Department of Public Health and
Environment and the Weld County Department of Public Works (as amended) the contents
of which can be located at https://accela-aca.co.weld.co.us/citizenaccess/.
3. It is ordered that the Prior to Recording COA described in the Weld County Department of
Public Works referral response be stricken.
4. It is ordered that the Applicant will deliver WOGLA Applications to Staff for each of the three
WOGLA Locations described in the CDPPA at least 45 days but not more than 6 months prior
to construction operations.
5. It is ordered that the Applicant will source and deliver fresh water to the WOGLA Locations
for the completion operations via temporary pipelines.
4630402 Pages: 5 of 11
09/18/2020 02:57 PM R Fee:$0.00
Carly Koppes, Clerk and Reoorder, Weld County, CO
Ncifirrbi'Mt6C ui7JAMJ N?ill fS IL'PligNkik III
6. It is ordered that natural gas will be transported via pipeline and that flaring of natural gas
will not occur at the WOGLA Locations.
7. It is ordered that the Applicant will control dust on the WOGLA Locations and private access
roads through the application of fresh water as needed.
8. It is ordered that automation with remote shut-in capabilities will be installed at the WOGLA
Locations.
9. It is ordered that the data collected from the AVO, LDAR and flowline inspection programs
will be made available to the Weld County Department of Public Health and Environment if
requested.
10. It is ordered that the WOGLA Locations will not have permanent lighting.
11. It is ordered that, if conditions warrant, the Applicant will install locked gates on the private
access road near Weld County Road 386 to control unauthorized public entry to the WOGLA
Locations.
12. It is ordered that any pipeline crossing of Weld County Road 386 will have the necessary
permit(s) from either the Oil & Gas Energy Department or the Weld County Department of
Public Works as part of the WOGLA Application review and approval.
13. It is ordered that the term of this CDPPA shall be two (2) years from the date that this CDPPA
is placed of record and published.
14. 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.5., 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:
Curt Moore, Hearing Officer
Dated: q1e44r- 25)1:O
4630402 Pages: 6 of 11
09/16/2020 02:57 PM R Foe:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
VIII IYU��IL'IGG�i'Ih9ij0�i����'r41�1+t��f�hR'LII��w4"rlil► iI III
1041 WOGLA Permit
STAFF REPORT
Record Number 1041W0GLA20-0070
Staff Specialist: Kelly Holliday
Location Name: Anschutz Equus Farms 4-62-35 CDP
Parcel Number(s): 104935100002
Company/Applicant: HighPoint Operating Corporation
Representative: Cory Neighbors
Legal Description: NW1/4SW1/4, N1/2NW1/4, NE1/4NE1/4 of Section 35, Township 4 North,
Range 62 West of the 6th P.M., Weld County, Colorado
Proposed Use: This development plan includes construction of three (3) new facilities
Hearing Date: August 27, 2020
SUMMARY
The criteria for submission of the 1041 WOGLA Application is outlined in Section 21-5-320 of the Weld County Code.
Section 21-5-320.B.9. of the Code specifically encourages Applicants to initiate and enter into a Comprehensive
Development Plan (CDP) where feasible and with the agreement of the involved Surface Owner(s). The Applicant
has therefore filed this 1041 WOGLA CDP that encompasses the lands subject to this 1041 WOGLA.
The Staff of the Weld County Oil and Gas Energy Department (OGED) has completed their review of the Application
as submitted. The Staff of the OGED recommends 1041WOGLA20-0070 be APPROVED for the following reasons:
1. The submitted Application is in compliance with the requirements of Section 21-5-320 of the Weld
County Code as applicable to the overall CDP. Additionally, HighPoint Operating Corporation
(HighPoint or Applicant) is required to submit supplement site -specific information for each Oil and
Gas Location included in the CDP, as further outlined in the conditions of approval. The
supplemental information must demonstrate to the OGED Director's satisfaction that the Oil and
Gas Location(s) and/or Oil and Gas Facilities to be constructed are consistent with the information
provided in the CDP Application and that the mitigation measures proposed by the Applicant satisfy
the Code requirements and recognized Best Management Practices (BMPs) in effect at the time of
submittal.
2. Pursuant to Sec. 21-5-330. notice of the 1041 WOGLA Hearing was sent to required parties and was
published in the Greeley Tribune on July 17, 2020. In the case of 1041WOGLA20-0070 the Surface
Owner was the only required notice party.
3. The OGED did not receive any Application for Intervention regarding this 1041 WOGLA CDP
Application.
4. During the Application review, OGED Staff requested comment from various referral agencies
pursuant to Sec. 21-5-330.A. of the Weld County 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 recommended to
address those comments. Referral agencies for 1041WOGLA20-0070 included:
Weld County Department of Public Health and Environment: referral request sent 7/16/2020.
Comments including conditions of approval and development standards were received
7/31/2020 from Taylor Robinson.
b. Weld County Department of Public Works: referral request sent 7/16/2020. Comments
including conditions of approval and development standards were received 8/11/2020 from
Natalie DeLaCroix.
c. Weld County Office of Emergency Management: referral request sent 7/16/2020. The
Emergency Action Plan (EAP) was approved by David Burns on 8/6/2020. The Tactical Response
Plan (TRP) is addressed in the conditions of approval.
d. Colorado Department of Public Health and Environment: referral request sent 7/16/2020.
Comments were received on 7/16/2020 from Sean Hackett and are incorporated by reference
herein.
e. Colorado Oil & Gas Conservation Commission: referral request sent 7/16/2020. Comments
were received on 8/13/2020 from Brian Christopher and are incorporated by reference herein.
f. Colorado Parks and Wildlife: referral request sent 7/16/2020. Response without comments
was received from Mike Grooms on 7/16/2020 and is incorporated by reference herein.
g. Empire Inlet Canal c/o Bijou Irrigation Ditch: referral request sent 7/16/2020. No response
received.
h. Wiggins Fire Protection District: referral request sent 7/16/2020. No response received.
i. Wiggins RE -50(J) School District: referral request sent 7/16/2020. No response received. There
are no Schools, School Facilities or Child Care Centers within one thousand three hundred
twenty (1,320) feet of the proposed Oil and Gas Locations or the CDP boundary.
j.
Them are no Local Governments whose boundaries are within one thousand three hundred
twenty (1,320) feet of the proposed Oil and Gas Locations or the COP boundary that were
included in the referral process.
5. HighPoint has identified Equus Farms Inc. as the owner of the property (Surface Owner) on which
the Oil and Gas Locations have been sited. HighPoint certifies that they have a Surface Use
Agreement in place with the Surface Owner. Pursuant to Sec. 21-5-320.B. HighPoint certifies that
they have provided pre -application notice to all required parties. HighPoint has confirmed there
are no Building Unit owners within one -thousand three -hundred twenty (1,320) feet of the Oil and
Gas Location.
6. In the opinion of the OGED Staff, the HighPoint has demonstrated compliance with the
Development Standards in Chapter 21, Article 5, Division 4 of the Weld County Code. The Applicant
has committed to BMPs and other mitigation measure, as outlined in the Application, that are
protective of the health, safety, security and general welfare of the present and future residents of
Weld County and provide for protection of the environment and wildlife. Since the CDP is an
"Evergreen" document that will require compliance with regulatory changes that arise during the
term of the CDP, the health, safety and environmental protections provided will not be limited to
the protection mandated under current Code requirement but will incorporate the most up to date
standards available.
7. The attached CDP drawing provides a depiction of the Oil and Gas Locations within the CDP,
proposed drill spacing units and identified haul route.
The OGED Staff recommendation for approval is conditional based upon the following requirements of the
Applicant:
gnize
1. Construction operations authorized by 1041WOGLA20-0070 shall be commenced within five (5)
years from the date that this 1041 WOGLA COP Permit is placed of record with the Weld County
Clerk and Recorded and published in the Greeley Tribune.
2. At least 45 days, but no more than 6 months prior to actual construction, the Applicant will submit
site -specific 1041 WOGLA information detailing elements specific to each Oil and Gas Location as
represented in the attached Table 1. The site -specific 1041 WOGLA information to be provided for
each Oil and Gas Location shall include:
a. Completed 1041 WOGLA Application Form
b. Any site specific Required Information not included in the CDP document
c. Completed Weld County Access Permit Application Form, a copy of existing Access Permit
requested to be utilized, or evidence of access permit from Authority Having Jurisdiction (AHJ)
d. Completed Authorization Form
e. Site specific Tactical Response Plan on current template provided by OEM
f. Updated Scaled Location Drawing or a statement that there are no substantial changes with
1,320' of the Oil and Gas Location since the original drawing was completed
g. Scaled Facility Drawing
h. Equipment List — a finalized list of the oil & gas facility components
i. Location Photos —four (4) color photographs — one from each cardinal direction
j. Multi -Well Plan — a drawing showing proposed wellbore trajectory and bottom -hole
information
k. List and description of any site -specific BMPs not included in the CDP document
I. Reclamation standards - Reference area map and four (4) color photographs of reference area
— one from each cardinal direction, if required
m. Construction Layout Drawing and Location Cross -Section Plot, if required
n. Waste Management Plan, if required
o. Flood Hazard Development Permit (FHDP), if required
p. Army Corps of Engineers permit information, if required
q. Any remaining 1041 WOGLA Application Fee
3. Construction of an Oil and Gas Location authorized by the CDP shall not commence until the OGED
has issued a determination that, based on the site -specific information submitted by the Applicant,
the proposed Oil and Gas Location and site -specific BMPs are consistent with the information
provided in the CDP Application and compliant with the requirements of the Weld County Code in
effect at the time of construction. Site -specific conditions of approval may be included with the
OGED determination where necessitated by changes in the Code or the surrounding Land Use. The
OGED determination will be issued no later than 45 days after the submission of the required site -
specific information.
4. Prior to Construction:
a. A Final Drainage Report stamped and signed by a Professional Engineer registered in the State
of Colorado is required with each Supplemental WOGLA application. (Department of Public
Works)
b. If more than one (1) acre is to be disturbed, per each Supplemental WOGLA, a Weld County
Grading Permit will be required. (Department of Public Works)
c. An access permit application shall be submitted, per each Supplemental WOGLA, for approval.
(Department of Public Works)
5, 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 609, to the Weld County Department of Public
Health and Environment.
6. After Construction:
a. Upon completion of construction operations Applicant shall provide to the OGED a GIS map
showing the off -location Flowlines. This digital file should be sent to OGED@weldgov.com.
This recommendation is based upon the review of the Application material submitted by the Applicant and other
relevant information and comments provided by referral agencies.
4830402 Pages: 9 of 11
09/10/2020 02:57 PM R Fee:90.00
Cerly Rupees, Clark and Recorder, Weld County, CO
VIII k��.rttihC�lrl i�'I h�'j1'��I � ��I7ChKlikkII ��
4630402 Pages: 10 of 11
09/16/2020 02:57 PM R Fee:$0.00
Carly Koppes, Clerk and ReoorJer, Weld County. CO
Table 1
101
IWOGILA
Location
Name
(Nairn
Surace & .
-2 SiA�J-..
tier
,
�.�� �:�s�
Number
Parcel
SiUntil
SIA
Reception
n
,
TU':.I�
.
gRTQRT)
Di
s
_
r,N�
:ript'on
..
��,.-+��-
1041WOGLA20-0028
I
AEF Nw2 35
Equus Farms Inc.
555 17th St., STE 2400 Denver, CO
80202
104935100002
N/A
T4N-R62W, Sec. 35: NW
1041WOGLA20-0027
AEF 4-62-35
NE
.
Equus Farms Inc.
555 17th St., STE 2400 Denver, CO
80202
104935100002
N/A
T4N-R62W, Sec. 35: NE
1041WOGLA20-0029
AEF 4-62 35
SW
Equus Farms Inc.
555 17th St., STE 2400 Denver, CO
80202
104935100002
N/A
14N-R62W, Sec. 35: SW
Exhibit A - Landis (;uni•rdt • Siting Analysis Ilaul Route
4630402 Pages: 11 of 11
09/16/2020 02:57 pond Recorder0
d County, CO
Carly KopPes , Clerk a,I HI
■IIIl�t .rL�S�tw��lEi�.
J i'K L iii
Hello