HomeMy WebLinkAbout20233680.tiff ent,t,tf:r,'
/7) 7t'73
BOARD OF COUNTY COMMISSIONERS
PASS-AROUND REVIEW
PASS-AROUND TITLE:BOCC Agenda Item-Approve Road Maintenance Agreement for:
Bison IV Operating,LLC—1041 WOGLA23-0051
DEPARTMENT:Planning Services DATE:December 5th,2023
PERSON REQUESTING:Jazmyn Trujillo-Martinez
Brief description of the problem/issue:
The Department of Planning Services received a request from the applicant,Bison IV Operating,LLC,requesting that
the Board of County Commissioners consider approving the Road Maintenance Agreement for(1041 WOGLA23-0051).No
collateral is required with this agreement.
The Oil and Gas Energy Department's hearing for 1041 WOGLA23-0051 is scheduled for December 7,2023.
Weld County Planning Services,Public Works,and Oil and Gas Energy Departments have reviewed the above mentioned
signed original document and observed the following:
• All Public Works related items,of the"Road Maintenance Agreement According To Policy,are found to be
acceptable.
• This Agreement complies with the terms of the WOGLA Permit,as signed by the Director of Oil and Gas
Energy Department.
• This Agreement follows the template approved by the County Attorney.
What options exist for the Board?(include consequences,impacts,costs,etc.of options):
1.Have this BOCC Hearing item be placed on the next available agenda as part of the Consent Agenda.
2.Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda.
3.Have this BOCC Hearing item not placed on the next available agenda as neither part of the Consent Agenda nor the
Regular Agenda.
Consequences:
• New oil and gas development can pay their way for their impacts on the County Roadways,or the County
will be required to cover the costs of the new oil and gas development's impacts on the roadways.
Impacts:
• New oil and gas development with high traffic volumes impacts the County Road systems and causes wear
and tear more quickly than normal traffic volumes.
Costs(Current Fiscal Year/Ongoing or Subsequent Fiscal Years):
• New oil and gas development will pay their proportional share of repairs and upgrades completed by the
County.
Recommendation:
Option 1.The Departments of Public Works,Planning Services,Oil and Gas Energy,and the County Attorney's Office are
recommending approval of the Road Maintenance Agreement According To Policy for 1041 WOGLA23-0051,and that this
item be placed on the next regularly scheduled BOCC Hearing,as part of the Consent Agenda.
Support Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
Perry L.Buck,Pro-Tem a??
Mike Freeman,Chair 114
Scott K.James
Kevin D.Ross
Lori Saine
664 RADA/3114)=N 2023-3680 atzWO/a& G e`71-
ROAD MAINTENANCE
IMPROVEMENTS AGREEMENT
Bison IV Operating,LLC—1041 WOGLA23-0051
THIS AGREEMENT is made this 15 fM day of No,.c„ber,202 ,by and between Bison IV
Operating,LLC,a limited liability company organized under the laws of the State of Delaware,whose
address is 518 17th Street,Suite 1800,Denver,Colorado 80202,hereinafter referred to as"Operator,"
authorized to do business in the State of Colorado,and the County of Weld,a body corporate and politic of
the State of Colorado,by and through its Board of County Commissioners,whose address is 1150"O"
Street,Greeley,Colorado 80631 hereinafter referred to as"County."
WITNESSETH:
WHEREAS,"Operator"is the responsible party of the 1041 Weld Oil&Gas Location Assessment
(1041 WOGLA)permit located on the following described property in the County of Weld,Colorado:
NW 1/4/4 SW 1/4/4 of Section 29,Township 9 North,Range
60 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 1041WOGLA23-0051,and
WHEREAS, Operator acknowledges that the final approval of 1041 WOGLA23-0051 is
conditional upon Operator's agreement to fund road maintenance,as described in this Agreement.
NOW,THEREFORE,IN CONSIDERATION OF the foregoing and of the promises and covenants
contained herein,the parties hereto promise,covenant and agree as follows:
PART I:SITE SPECIFIC PROVISIONS
_7,w A. PRIOR TO CONSTRUCTION AND OPERATIONS:
ASS
m▪en t. 1.0 Haul Routes:The Operator shall provide haul routes to be reviewed and approved by the
n.;+ Department of Public Works.The Operator shall be financially responsible for its proportional share of the
�F� County's costs associated with maintaining and/or improving designated haul/travel routes as related to
;w� traffic generation.Traffic generated from this site shall enter and exit at the approved access on CR 100
El 3• and travel to the nearest paved arterial or collector road,or highway,and remain on paved roads for further
-- dispersal.Any County roads used by traffic associated with 1041 WOGLA23-0051 may become part of the
7,1 established haul/travel routes.
• a:2,
g-'mao 1.1 Haul Routes. The following roads are designated as haul/travel routes for any time period
W; designated as construction or high-volume traffic to and from the Property:
Wit
1)See"EXHIBIT A"-Haul Route Map.
CC-
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.
Bison IV Operating,LLC—1041 WOGLA23-0051-RMA23-0019 O2O1 f_rp
Page 1 of 7 !�
2.0 Notice of Construction.A pre-construction inspection and a post-construction inspection shall be
performed by County personnel to determine the site-specific condition of the road.The Operator shall
provide the Weld County Departments of Public Works and Planning Services with two weeks advance
notice of the start of construction activities authorized by the 1041 WOGLA permit and shall give additional
notice within two weeks after construction has been completed.
3.0 Weight Limits.No travel vehicles may exceed CDOT required specifications for pounds-per-axle
and axle configurations unless overweight permits have been applied for and granted.Operator is
responsible for researching weight limited bridges and obtaining a Special Transport Permit in accordance
with Chapter 8,Article XV,when establishing haul routes,and furthermore,must follow County
overweight permit and regulations.
4.0 Temporary Deviations.The Weld County Department of Planning Services Director may approve
temporary(six months or less)deviations from the haul routes described above.To receive such approval,
the Operator must submit an updated haul route map and written request stipulating the reasons for the
deviation,which will be reviewed County personal.Any change in haul route lasting more than six months
shall require an amendment to this Agreement approved by the Board of County Commissioners.
5.0 Haul Route Signage.Operator shall install travel route signs,if applicable,as per Manual of
Uniform Traffic Control Devices standards,at all exit points of the Property which can be clearly seen by
drivers leaving the facility and which clearly depict County approved travel routes.
6.0 No Deviation from Permitted Haul Routes.Except as authorized by the Weld County Board of
County Commissioners or the Director of the Department of Weld County Planning Services,pursuant to
this Agreement,no use of any roads other than those specifically authorized for use in this Agreement is
permitted without the prior written amendment of this Agreement.
B. Maintenance Requirements:
1.0 Off-site recurring maintenance,if applicable,and as required by the Departments of Planning
Services,Public Works,and Oil and Gas Energy,shall only be performed by a County approved contractor,
ma and have a county Right-of Way permit for that specific location:
Em
wows j 2.0 Dust Control.Operator shall be financially responsible for maintaining dust control on unpaved
mN designated haul/travel routes during any period of construction,heavy truck traffic,and/or high-volume trip
NB?. generation.The amount and extent of dust control will be coordinated with Public Works Gravel Roads
-ter 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
_.aw expected to occur approximately two to five times per year,or as required by Public Works.If traffic
a3a associated with this use exceeds 200 vehicles per day,per Weld County Code Section 8-6-100,the Operator
L o a shall be responsible for dust abatement.On the basis of damage or complaints,as determined by the County,
Upthe Operator shall cause to be performed within two days of notification,at its sole expense,chemical dust
.i
co control,or other treatment,by a contractor approved by Weld County Public Works.Should the traffic
related to 1041WOGLA23-0051 deteriorate the chemical application performed by the County,the
a Operator will be responsible for re-applying chemical to return the road to pre-construction condition.
g Depending on the amount of maintenance,as related to traffic associated with this use,the Department of
EC Public Works may require an alternative treatment method which may or may not include topical chemical
X- application,full-depth chemical application,recycled asphalt,or other surface treatment.
EO
A
r3.0 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,
Bison IV Operating,LLC—1041 WOGLA23-0051-RMA23-0019
Page 2 of 7
installing material on designated haul/travel routes.The amount and extent of repair and/or paving measures
will be determined by site-specific conditions at the time,as determined exclusively by County personnel.
Weld County and Operator will work together on a plan needed for repair of any roads,including who
performs the repair.Operator shall provide the County with a pre-approved contractor to be used for repairs.
4.0 Need for Immediate Repairs:In the event of damage to a designated haul/travel route by project
traffic that causes an immediate threat to public health and safety or renders the road impassible
("Significant Damage"),County shall,after inspection,notify Operator of such Significant Damage.
Operator shall identify the repair required and shall consult with County on the extent,type,timing,
materials and quality of repair(i.e.temporary versus permanent)within twenty-four(24)hours after receipt
of such notice and shall commence such repair within forty-eight(48)hours after receipt of such notice.If
Operator identifies Significant Damage prior to receiving notice thereof from County,Operator may
commence repair of such Significant Damage and shall concurrently notify County of the extent,type,
timing,materials and quality of repair(i.e.temporary versus permanent).
5.0 Repair of Road:On or before December 31 of the calendar year in which County staff has
determined through site analysis and/or pavement testing that a particular haul/travel route road portion will
require paving measures or major gravel maintenance in order to protect the public health,safety,and
welfare,and the County has budgeted sufficient funds for the following calendar year to pay its share of
the Off-Site Improvement/Repair Costs, County shall notify Operator in writing that the Off-Site
Improvements/Repairs shall be undertaken and shall provide an alternate haul route for the duration of those
repairs.In County's sole discretion,County may undertake the repairs and/or improvements.Operator's
payment for its Proportionate Share of the road repairs/improvements will be calculated as determined in
this Agreement.Operator will be invoiced accordingly for those proportional share costs.
6.0 Calculation of Operator's Proportional Share of Costs.The County shall notify Operator of
County's preliminary determination and assessment of Operator's proportional share of costs of
maintenance,repair,or improvements to Operator's designated haul/travel routes.Prior to County's final
determination and assessment,County shall provide Operator with a reasonable opportunity to review,
as comment upon and supplement County's data,collection methodology,and determinations.The County
1;;;..... shall review and consider Operator's input prior to making a final determination and assessment.The
ww County shall have sole responsibility for determination of Operator's proportional share of costs.Operator
Wag NN agrees to pay such proportional share of costs within 30 days of receiving an invoice from County.
n:A
7.0 Annual Road Inspection.County may conduct a road inspection annually with the cooperation of
-xwa Operator for the haul routes designated in this Agreement.As a result of the annual inspection,County,in
•
�a3M 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
o.n' the Operator of the required roadway repairs will be given as soon as the data become available.
Srai�s
8.0 Notification. The County shall notify Operator of County's preliminary determination and
CQm assessment of Operator's proportionate share of costs of maintenance,repair,or improvements to
■n 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
0
prior to making a final determination and assessment.
r 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:
Bison IV Operating,LLC—1041 WOGLA23-0051-RMA23-0019
Page 3 of 7
1.0 Access Permits.Operator shall not use any access onto any County road unless and until an access
permit has been issued by the Department of Planning Services.Planning Services may condition the
issuance of an updated access permit on the amendment of this Agreement if the updated access permit
authorizes the use of an additional access point,or if there is a change in use of the current access point,as
permitted by Article XIV of Chapter 8 of the Weld County Code.
2.0 Right-of-Way(ROW)Permits.Per Article XIII of Chapter 8 of the Weld County Code,any work
occurring within County ROW requires a ROW permit issued by the Department of Public Works.No work
shall occur without said ROW permit.
3.0 Transport Permits. Per Article XV of Chapter 8 of the Weld County Code,a Weld County
Transport Permit is required for Extra-legal vehicles using Weld County roadways to ensure the operation
and movement of Extra-legal Vehicles and Loads occurs in a safe and efficient manner.
B. Enforcement and Remedies:
1.0 Violation of Terms of Agreement.If in County's opinion,Operator has violated any of the terms
of this Agreement,County shall notify Operator of its belief that the Agreement has been violated and shall
state with specificity the facts and circumstances which County believes constitute the violation.Operator
shall have fifteen(15)days within which to either cure the violation or demonstrate compliance.If,after
fifteen(15)days have elapsed,County believes in good faith that the violation is continuing,County may
consider Operator to be in breach of this Agreement.
2.0 Remedies for Breach by Operator.In the event that County determines that Operator has violated
the terms of this Agreement,and has failed to correct said violation,County may exercise any or all of the
following remedies,or any other remedy available in law or equity.
2.1 Court Action.County may seek relief in law or equity by filing an action in the Weld
District Court or Federal District Court for the District of Colorado,except that no such civil action
Ma. or order shall be necessary to access collateral for the purpose of completing improvements as
aw! described above.
SS
oNW
met'Na 2.2 Revocation of 1041 WOGLA Permit.Operator acknowledges that failure to comply with
■Ti 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
R'a of the Weld County Code.
3-3A 1
`! 3.0 Termination of Agreement.This Agreement shall terminate upon the earliest of the following
m-11 events:
Vi •o
i'®a, 3.1 Failure to Commence.County may terminate this Agreement upon or after rescission of
m the underlying 1041 WOGLA permit approval under Weld County Code Chapter 21.However,
-�° County may still exercise all necessary activities under this Agreement that the County determines
necessary to protect the health,safety,and welfare of the residents of Weld County.
3.2 Cessation of all Permit Related Activities.Termination of this Agreement shall occur upon
S 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,
Bison IV Operating,LLC—1041 WOGLA23-0051-RMA23-0019
Page 4 of 7
cessation shall only be presumed if the County determines that the site has been inactive for three
(3)years.
3.3 Execution of Replacement Agreement.This Agreement shall terminate following County's
execution of a new Improvements Agreement with a new Operator who has purchased the Property
or has assumed the operation of the business permitted by the 1041 WOGLA,and intends to make
use of the rights and privileges available to it through the then existing WOGLA.
3.4 Revocation of 1041 WOGLA.This Agreement shall terminate following County's
revocation of Operator's WOGLA,except that the Operator shall only be released from this
Agreement after the successful completion of any/all reclamation required under this Agreement.
C. General Provisions:
1.0 Successors and Assigns.
1.1 Except for the assignment of all or substantially all of Operator's assets,Operator may not
delegate,transfer,or assign this Agreement in whole or in part,without the prior express written
consent of County and the written agreement of the party to whom the obligations under this
Agreement are assigned.Consent to a delegation or an assignment will not be unreasonably
withheld by County.In such case,Operator's release of its obligations shall be accomplished by
County's execution of a new Agreement with the successor Operator of the property.
1.2 County's rights and obligations under this Agreement shall automatically be delegated,
transferred,or assigned to any municipality which,by and through annexation proceedings,has
assumed jurisdiction and maintenance responsibility over roads affected by this Agreement.
2.0 Severability.If any term or condition of this Agreement shall be held to be invalid,illegal,or
unenforceable by a court of competent jurisdiction,this Agreement shall be construed and enforced without
such provision,to the extent that this Agreement is then capable of execution within the original intent of
the parties.
o Nw 3.0 Governmental Immunity.No term or condition of this contract shall be construed or interpreted as
Emi Na a waiver,express or implied,of any of the immunities,rights, protections or other provisions,of
p p� benefits,
the Colorado Governmental Immunity Act§§24-10-101 et seq.,as applicable now or hereafter amended.
s-z n i 4.0 No Third-Party Beneficiary.It is expressly understood and agreed that the enforcement of the terms
an ; and conditions of this Agreement,and all rights of action relating to such enforcement,shall be strictly
P21
"m reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of
fio w o 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
m co this Agreement shall be an incidental beneficiary only.
Re 5.0 Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and
incorporated herein,contains the entire agreement between the parties with respect to the subject matter
contained in this Agreement. This instrument supersedes all prior negotiations,representations,and
g understandings or agreements with respect to the subject matter contained in this Agreement. This
Agreement maybe changed or supplemented only by a written instrument signed by both parties.
Bison IV Operating,LLC—1041 WOGLA23-0051-RMA23-0019
Page 5 of 7
6.0 Board of County Commissioners of Weld County Approval.This Agreement shall not be valid
until it has been approved by the Board of County Commissioners of Weld County,Colorado or its
designee.
7.0 Choice of Law/Jurisdiction.Colorado law,and rules and regulations established pursuant thereto,
shall be applied in the interpretation,execution,and enforcement of this Agreement.Any provision included
or incorporated herein by reference which conflicts with said laws,rules and/or regulations shall be null
and void.In the event of a legal dispute between the parties,the parties agree that the Weld County District
Court or Federal District Court for the District of Colorado shall have exclusive jurisdiction to resolve said
dispute.
8.0 Attorneys'Fees/Legal Costs.In the event of a dispute between County and Operator,concerning
this Agreement,the parties agree that each party shall be responsible for the payment of attorney fees and/or
legal costs incurred by or on its own behalf.
9.0 Release of Liability.Operator shall indemnify and hold harmless the County from any and all
liability loss and damage County may suffer as a result of all suits,actions,or claims of every nature and
description caused by,arising from,or on account of the design and construction of improvements,and pay
any and all judgments rendered against the County on account of any such suit,action or claim,and
notwithstanding Section 7.0 above,together with all reasonable expenses and attorney fees incurred by
County in defending such suit,action or claim whether the liability,loss or damage is caused by,or arises
out of the negligence of the County or its officers,agents,employees,or otherwise except for the liability,
loss,or damage arising from the intentional torts or the gross negligence of the County or its employees
while acting within the scope of their employment.All contractors and other employees engaged in
construction of the improvements shall maintain adequate worker's compensation insurance and public
liability insurance coverage and shall operate in strict accordance with the laws and regulations of the State
of Colorado governing occupational safety and health.
10.0 Binding Arbitration Prohibited.Weld County does not agree to binding arbitration by any
extra judicial body or person.Any provision to the contrary in this Agreement or incorporated herein by
reference shall be null and void.
11.0 Authority to Sign.Each person signing this Agreement represents and warrants that he or she is
��oN I duly authorized and has legal capacity to execute and deliver this Agreement.Each party represents and
S warrants to the other that the execution and delivery of the Agreement and the performance of such party's
L�.-. I obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement
s;: binding on such party and enforceable in accordance with its terms.If requested by the County,Operator
M;re: shall provide the County with proof of Operator's authority to enter into this Agreement within five(5)
a3• days of receiving such request.
CDI
w-Q,0 12.0 Acknowledgment. County and Operator acknowledge that each has read this Agreement,
(▪ 9' 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
Qa 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
IMevent 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.
Bison IV Operating,LLC—1041 WOGLA23-0051-RMA23-0019
Page 6 of 7
OPERATOR:Bison IV Operating,LLC
By: Date: O/Ve..2;
Name: 4,gercr /rot/
Title: G fr/
STATE OF COLORADO
ss.
County of Weld
The foregoing instrument was acknowledged before me this is"day of Dew,., ,
2023,by ►der'}' P;evl
WITNESS my hand and official seat
CORY NEIGHBORS
NOTARY PUBLIC ota ublic
STATE OF COLORADO
NOTARY ID 20194003449
MY COMMISSION EXPIRES 06/29/2027
WELD COUNTY:
ATTEST: dalted XltO;&k. BOARD OF COUNTY COMMISSIONERS
Weld C n y Clerk to the Bo,d COUNTY, ORADO
BY: i;. ,44A
Deputy Cie) to the Boy0,9 ft�► Perry Buck, Pro—Tem
,4. DEC 1 3 2023
11861 int/
Pages: 7 of 8
01/05/2024 11:13 AM R Fee:$0.00
Carly Kopp.,Clark and Recorder,Weld County,CO
11111
Bison IV Operating,LLC—1041 WOGLA23-0051—RMA23-0019 rj O?Q_,5(p
Page 7of7 0��/ v
EXHIBIT
1 /L\
Oa O0 • -OO 51.
BISON OIL & GAS IV Prepared For : Prepared By
BASHOR 28-29 i )11 & GAS IV ,1 RPGR60W, 6th P. M .
WELD COUNTY, COLORADO RESOURCES
1 - _ _.
. _ ..
yr_ ram= .lr.�._ -
, alsomm, ,
4110,-
a ,
lier • ..‘ . . I . i
I : ' _ . .
_- .. -
- \
^ ti- ' C
_ - - .- - A +i
. O , - Xl
0� a , _ _ - - _ O
II
geI
(4.
_ . + _ ��� a . ...
, __..... . - �� �_ -�.
.O
•
S e : �' - -
441
4Y
S s0
• r i
_, ' ; . 'ist,,,,,4 . _
,tz .. . I
_ , .
s_
4. . _ , .
o t _ ��
� , r _ County
' "_ ` Road 100 ,:x _ _ .. __ _ _�_ _ A. �7 Co. ,).e.
County, 4 O0
X10 - -= • �f o�/ ►
V - - 00% Traffic-4 y
' - _ 1)00
9O
1 r - _
T
iu :►I
\Ilk.^
►et C:s5nraftaiirakM ,ir ^;n:S,Xht!: alit an l tEE7Z-a arssiit i�S.tnrt (�l v, .l' ' getapilit.
IN 951 ,H. ;. �'�: N!'Ei '_iS; C : UUl-tU, USDA;, I`t .
2 llakilli' l---4114rli.litt. _, , . . _ _ _. _ _
ProposedOil & GasLocation Projection WGS 1984
HAULfacilities,There are no school future school facilities, Drafted by RDB
or child care Date 08 / 03 /. 2023
Proposed Access Road
centers in which the haul route passes.
ROUTE Type ` 0 500 1 .000
MAP i ) WC Collector (Paved)
Feet
c -' WC Collector (Unpaved) 1 inch equals 1 , 000 feet
4938532 Pages : 8 of 8
01 / 05 / 2024 11 : 13 AM R Fee : $0 . 00
Carly Koppes , Clerk and Recorder , Weld County , CO iii
Entity Information
Entity Name* Entity ID* [J New Entity?
BISON IV OPERATING LLC @00047643
Contract Name" Contract ID Parent Contract ID
ROAD MAINTENANCE AGREEMENT BISON IV 7673
OPERATING LLC 1041 WOGLA23-0051 * Requires Board Approval
Contract Lead
Contract Status jTRUJILLOMARTINEZ YES
CTB REVIEW
Contract Lead Email Department Project#
jtrujillomartinez@weldgo
v.com
Contract Description*
ROAD MAINTENANCE AGREEMENT BISON IV OPERATING LLC 1041 WOGLA23-0051 NO COLLATERAL REQUIRED
Contract Description 2
Contract Type* Department Requested BOCC Agenda Due Date
AGREEMENT PLANNING Date* 12/09/2023
12/13/2023
Amount* Department Email
00.00 CM- Will a work session with BOCC be required?*
Planning@weldgov.com NO
Renewable*
NO Department Head Email Does Contract require Purchasing Dept.to be
CM-Planning- included?
Automatic Renewal DeptHead@weldgov.com
Grant County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
IGA
County Attorney Email
CM-
COUNTYATTORNEY@WEL
DGOV.COM
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Note:the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts
are not in OnBase
Contract Dates
Effective Date Review Date* Renewal Date
12/13/2024
Termination Notice Period Committed Delivery Date Expiration Date*
12/13/2025
Contact Information
Contact Info
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head Finance Approver Legal Counsel
TOM PARKO JR. CHERYL PATTELLI MATTHEW CONROY
DH Approved Date Finance Approved Date Legal Counsel Approved Date
12/06/2023 12/07/2023 12/07/2023
Final Approval
BOCC Approved Tyler Ref#
AG 121323
BOCC Signed Date Originator
JTRUJILLOMARTINEZ
BOCC Agenda Date
12/13/2023
1861
'I,ti
1041 WOGLA PERMIT -( LP,r p
STAFF REPORT
Record Number 1041WOGLA23-0051 Hearing Date: December 7,2023
Staff Specialist: Jennifer Teeters
Company/Applicant: Bison IV Operating LLC
Location Name: Bashor 28-29
Parcel Number(s): 046729000008
Assigned Address: 49015 CR 100
Legal Description: NW1/4SW1/4 of Section 29 Township 9 North,Range 60 West,6th P.M.,
Weld County,Colorado
Proposed Use: Bison IV Operating LLC is proposing an 8 Well Oil and Gas Location and
Production Facility.
SUMMARY
Pursuant to Weld County Code Ordinance 2021-17,Sec.21-5-315.A.Bison IV Operating LLC(Bison IV or
Applicant)submitted the request for a pre-application meeting on May 15,2023.The pre-application meeting
was held on May 24,2023. Invitees included Bison IV and their consultants,Energy&Carbon Management
Commission(ECMC),Colorado Parks and Wildlife(CPW), Bureau of Land Management(BLM), Colorado
Department of Public Health and Environment(CDPHE),the Weld County Oil and Gas Energy Department(OGED
Staff),and representatives of other Weld County departments(Weld County Staff). BLM and CDPHE were not
in attendance for the meeting but were on the distribution list of the pre-application meeting minutes. In
preparation of the pre-application meeting OGED Staff conducted a site visit and drove the identified haul route
on May 18,2023.
On July 5,2023,Bison IV provided 1041 WOGLA notice to OGED Staff stating their intent to submit a 1041
WOGLA Permit application for the referenced Bashor 28-29 Location. Case number 1041WOGLA23-0051 was
assigned at the time the Notice was received.The notice was valid starting August 4,2023,and would expire
after January 3,2024.
The initial Application submittal was received on August 17,2023 and reviewed according to the requirements
of Weld County Code Ordinance 2021-17(Code). The criteria for submission of the 1041 WOGLA Permit
(Application)is outlined in Section 21-5-320.of the Code.
OGED Staff completed their review of the Application as submitted.The Application was discussed with the
Applicant to clarify and enhance certain items,and the final Application version which is a part of the record was
submitted on September 12,2023,and deemed complete September 21,2023.The submitted Application was
found to be compliant with the applicable Code requirements and was scheduled for hearing.
Pursuant to Sec.21-5-330.the 1041 WOGLA notice of hearing was sent to required property owners on
October 10,2023 and published in the Greeley Tribune on October 13,2023.
Page 1 of 3
OGED Staff referred the Application to various agencies as required by Sec.21-5-330.C.of the Code. Where
appropriate,conditions of approval are being recommended to address comments received from those referral
agencies.Copies of those comments have been made part of the Application record and are viewable through
the E-Permit Center on the Weld County website.Referral comments due date was November 6,2023.
1. Response was received from the following referral agencies:
a. Weld County Department of Public Health and Environment(WCEH),referral request sent
10/10/2023.Response with comments and conditions received 10/17/2023.
b. Weld County Development Review,representing the Department of Public Works and the
Department of Planning Services,referral request sent 10/10/2023.Response with comments
and conditions received 11/7/2023.
c. Colorado Parks and Wildlife, referral request sent 10/9/2023. Response with advisory
comments received 10/10/2023.
d. Energy&Carbon Management Commission,referral request sent 10/9/2023. Response with
advisory comments received 10/24/2023.
e. Colorado Department of Public Health and Environment,referral request sent 10/9/2023.
Response with advisory comments received 10/11/23.
f. Weld County Office of Emergency Management(OEM),referral request sent 10/10/2023.
Emergency Action Plan(EAP)and Tactical Response Plan(TRP)card approved 11/8/2023.
2. No response was received from the following referral agencies:
a. Pawnee RE-12 School District referral request sent 10/9/2023. Referral request re-sent
11/6/2023.
b. Pawnee Fire Protection District referral request sent 10/9/2023. Referral request re-sent
11/6/2023.
c. Bureau of Land Management(BLM)referral request sent 10/9/2023.Referral request re-sent
11/6/2023.
RECOMMENDATION
The OGED Staff recommends 1041WOGLA23-0051 be APPROVED based on review of the Application material
submitted by Bison IV,comments provided by referral agencies,and other relevant information.
1. As stated in the summary above,OGED Staff has determined that the Application complies with the
provisions of Sec.21-5-320.
2. OGED Staff has complied with the notice and processing requirements in Sec.21-5-330.
3. Pursuant to Sec.21-5-320.A.2.Bison IV certifies they have provided notice to all required parties.
4. Bison IV certifies a Surface Use Agreement(SUA)is in place with the Surface Owner,identified as
Clinton Neil Bashor(Reception#4911450)
5. Bison IV attests there are no Building Units within one(1)mile from the Oil and Gas Location.
Page 2 of 3
6. There are no High Occupancy Building Units,Designated Outside Activity Areas,School,School
Facilities,or Child Care Centers within one(1)mile of the Oil and Gas Location.
7. The Oil and Gas Location is outside of any Airport Overlay District,Floodplain,Geologic Hazard Area,
and CPW designated High Priority Habitat(HPH).
8. The OGED Staff did not receive any Application for Interventions(Al)regarding this Oil and Gas Location.
The OGED Staff did not receive any calls from property owners who were notified through the 1041
WOGLA notice of hearing.
9. In the opinion of OGED Staff,the Applicant's chosen site is compatible with the surrounding Land Use,
which includes existing Oil and Gas Locations intermixed with agricultural lands.
10.Bison IV has shown compliance with the Development Standards outlined in Chapter 21,Article 5,
Division 4 of the Code as applicable to the Ag-Rural Planning Area.
a. Bison IV's Bashor 28-29 Location was reviewed under the LZ-0 Lighting Zone standard.The
submitted Lighting Plan illustrates that the total amount of lumens proposed does not exceed
the allowable lumens for Lighting Zone 0,pursuant to Sec.21-5-405.8 during the Construction
Phase and Sec.21-5-405.C during the Production Phase.
b. Pursuant to Sec.21-5-435.Weld County Department of Public Health and Environment has
identified that the compliance noise level for Bison IV to adhere to is the NL-4 standard for the
Construction Phase and the NL-1 standard for the Production Phase.
11.Bison IV has committed to certain Best Management Practices outlined in the Application,to promote
the health,safety,security,and general welfare of the present and future residents of Weld County.
12.In the opinion of OGED Staff,the development proposed in the Application complies with the applicable
requirements of Chapter 21,Article V of the Code and is protective of the health,safety,and welfare of
the residents of Weld County,as well as the environment and wildlife.
The attached location drawing provides a depiction of the Oil and Gas Location with all visible improvements
within two thousand(2,000)feet.
CONDITIONS OF APPROVAL
The OGED Staff recommendation for approval is conditional based upon the following requirements of the
Applicant:
1. Prior to Construction:
a. A Final Drainage Report stamped and signed by a Professional Engineer registered in the State
of Colorado is required to be accepted by the Department of Planning—Development Review.
b. If more than one(1)acre is to be disturbed,a Weld County Grading Permit will be required by
the Department of Planning—Development Review.
2. Prior to Drilling:
a. Applicant must provide initial baseline groundwater sampling data,or information related to
how the site is exempt from the COGCC Rule 615,to the Weld County Department of Public
Health and Environment.
Page 3 of 3
L A T Lat40° , Inc . 6250 W . 10th Street , Unit 2 , Greeley , CO 970 - 5 '
wv.,:.
WOGLALOCATION DRAWING
BASHOR O R 28-29 PAD
BISON OIL & GAS IV
. ID IMPROVEMENT DISI
1041 WOGLA ZONE I I B BUILDINGS '
i � 1 ingino
forn BU/RBU BUILDING UNIT/RESIDENTIAL NA
I ' �'► BUILDING UNITS
SCHOOL, SCHOOL FACILITYOR
te 11/4% s NA
I N. - FUTURE SCHOOL FACILITY
/ T Y CC CHILD CARE CENTER NA
SO ' n'/GhlT-GF- /MY / •
_ 1 SURVEY MONUMENT 29 .cgear 86, PAGE 273 2 COU NTY ROAD ROW 14
I 2000'
` 3 PROPERTY LINE 165
�
4 PUBLIC ROAD 15 :
,.1 5 PUBLIC TRAIL 15 (, . 1'. et:// • , r 1 4 --,::
I 6 FENCES 145
7 ABOVE-GROUND UTILITY LINE 16'
' I I \ t / 8 RAILROAD NA
t / OIL AND GAS ‘ . . -- 74'
ACCESS , t,i, PIPELINES/PIPELINE SW,
9
j Ic32, �� MARKERS/FLOWLINE 626
x. x x x i i
■ 160
�+ ! /
II Ir ___ _ 10 MINES NA
PRODUCING/DRILLING OIL AND
^ ,
1 - - 11 GAS WELLS, EXISTING WORKING 52c
PI I I
II ' 1
' PAD SURFACE
I I I \.i c, i. _ 12 INJECTION WELL 4NA
-"n` """�" 23 13 WATER WELLS G I S LOCATION 10E
6 - ,
WATER WELLS - SURVEYED
. , (5) LOCATION 98 .
4it
r _ �'` l' 1 ::::,'
�� 2 3 1' PLUGGED/ABANDONED SHUT IN
- -. - � �a i 15 /
. , N A
Xh! 27 __. _ f� OIL AND GAS WELLS
r 11 22 16 SEWER/SEPTIC MANHOLES NA
1ti
- - 17 POND 12 :
1 li ea
i - . 18 LOW AREA 95 :
` / -? 19 MAJOR DITCH/CANAL NA
21 ! 20 DITCH 14c.
` " I I 21 PRIVATE ROAD 74 :
, 1 }. _‘ _ s__.1 f , 22 UTILITIES - ELECTRIC 92 '
w (33,) 71 '
\ , I\ a I 23 UTILITIES - WATER
O. / 158
/;� 17 tit ;.� 13 1 ) 24 UTILITIES - TELEPHONE NA
/, _ it / 25 UTILITIES - FIBER OPTIC 18c
fl , '1
_ � 26 UTILITIES - PROPANE TANK NA
\ (L.5) ' 30� 34 31 4 � / ___ ___ _ 27 UTILITIES - OTHER 83 '
'Y - I - ► ,--t --- - - - ...-----
Hello