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Home My WebLink About20230137.tiffRESOLUTION RE: ACCEPT REQUEST TO WITHDRAW APPLICATION FOR A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR19-0060, FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY, INCLUDING AN UNMANNED PIPELINE ONLY, CLASS II SALTWATER DISPOSAL FACILITY AND RELATED INFRASTRUCTURE, UP TO FIVE (5) CONSTRUCTION TRAILERS AND FIVE (5) CONEX CONTAINERS FOR TEMPORARY USE DURING CONSTRUCTION IN THE A (AGRICULTURAL) ZONE DISTRICT, AND RESCIND RESOLUTION #2020-0106, DATED NOVEMBER 4, 2020 - NGL WATER SOLUTIONS DJ, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on November 4, 2020, the Board approved the application of NGL Water Solutions DJ, LLC, 3773 Cherry Creek North Drive, Suite 1000, Denver, Colorado 80209, for a Site Specific Development Plan and Use by Special Review Permit, USR19-0060, for an Oil and Gas Support and Service Facility, including an unmanned pipeline only, Class II Saltwater Disposal Facility and related infrastructure, up to five (5) construction trailers and five (5) conex containers for temporary use during construction in the A (Agricultural) Zone District, on the following described real estate, to -wit, and: Lot A of Recorded Exemption, RE -3634; being part of the SE1/4 of Section 16, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, on January 9, 2023, the Board was presented with a letter, dated November 18, 2022, from the applicant requesting the withdrawal of the application, stating the property was sold, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and all of the exhibits and evidence presented in this matter and, having been fully informed, deems it advisable to grant the applicant's request and thereby accept the withdrawal of the application and to rescind Resolution #2020-0106, dated November 4, 2020. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request of NGL Water Solutions DJ, LLC, to withdraw the application for a Site Specific Development Plan and Use by Special Review Permit, USR19-0060, for an Oil and Gas Support and Service Facility, including an unmanned pipeline only, Class II Saltwater Disposal Facility and related infrastructure, up to five (5) construction trailers and five (5) conex containers for temporary use during construction in the A (Agricultural) Zone District, on the parcel of land described above, be, and hereby is, accepted. BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County, Colorado, that Resolution #2020-0106, dated November 4, 2020, be, and hereby is, rescinded. CC:PL. (TP/K,J/1Co), APp�, 02 /03 /23 2023-0137 PL2727 ACCEPT WITHDRAWAL REQUEST AND RESCIND USR19-0060 - NGL WATER SOLUTIONS DJ, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of January, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Batty ;,,k. Weld County Clerk to the Board County Attorney Date of signature: 0l/X-4/23 k-er L. B _•' Pro-Tem c t . James evin D. Ross Lori Saine 2023-0137 PL2727 MEMORANDUM TO: Board of County Commissioners DATE: December 19, 2022 FROM: Kim Ogle, Planning Services SUBJECT: Request to withdraw and rescind USR19-0060 The Board of County Commissioners at the January 8, 2020 land use hearing approved a request for a Site Specific Development Plan and Use by Special Review, USR19-0060, is for an Oil and Gas Support and Service, including an unmanned, pipeline only, Class II Saltwater Disposal Facility and related infrastructure, up to five (5) construction trailers and five (5) conex containers for temporary use during construction in the A (Agricultural) Zone District, in favor of NGL Water Solutions DJ, LLC The case was conditionally approved with several items to be addressed prior to recording the USR19- 0060 map. Under the header "Prior to recording the map", item 1.A was perfected for A Road Maintenance Agreement is required at this location. Road maintenance includes, but is not limited to, dust control and damage repair to specified haul routes. This action was taken January 27, 2021, as part of the Consent Agenda (2021-0281). The Road Maintenance Agreement was recorded under Reception no. 4678018 dated February 2, 2021. No collateral was required for this agreement The Department of Planning Services has received a written requested dated November 18, 2022, from Mr. Doug White, Executive Vice President with NGL Water Solutions DJ, LLC, 865 N. Albion Street, Suite 400, Denver, Colorado 80220 requesting to withdraw and rescind case number USR19-0060 as the property was conveyed to the Everhart Companies on October 11, 2022, Reception no. 4861536. On behalf of NGL Water Solutions DJ, LLC, the Department of Planning Services respectively requests support of this request. 2023-0137 Ir I 71, 2'liq Water Solutions November 18, 2022 Mr. Kim Ogle Weld County Department of Planning Services 1555 North 17th Avenue Greeley, CO 80631 Re: NGL Water Solutions DJ Central Weld Project Weld County Parcel No. 080516400060 Dear Kim, The purpose of this letter is to inform you that NGL has decided it no longer wishes to pursue its Central Weld Project and the property was sold to Everhart Companies effective October 11, 2022. With this in mind, we respectfully request the withdrawal of USR 19-0060. If you should need anything further from NGL in order to accommodate our request, please let me know. As always, thank you very much for your help. EVP, NGL Water Solutions DJ, LLC 865 N. Albion St. • Suite 400 • Denver, CO 80220 • Phone (303) 815-1010 • Fax (303) 815-1011 4861536 10/17/2022 01:09 PM Total Pages: 3 Rec Fee: $23.00 Doc Fee: $16.00 Carly Koppes - Clerk and Recorder, Weld County , CO a.sn••n raoev. Special Warranty Deed (Pursuant to C.R.S. 38-30-113(1)(b)) Grantor(s), NGL WATER SOLUTIONS DJ, LLC, A COLORADO LIMITED LIABILITY COMPANY , whose street address is 865 North Albion Street, Suite 400, Denver, CO 80220, City or Town of Denver, County of Denver and State of Colorado , for the consideration of ($160,000.00) """One Hundred Sixty Thousand and 00/100"' dollars, in hand paid, hereby sell(s) and convey(s) to Everhart Companies LLC, A COLORADO UNITED LIABtUTY COMPANY , whose street address is 4518 O ST., Greeley, CO 80631, City or Town of Greeley, County of Weld and State of Colorado, the following real property in the County of Weld and State of Colorado, to wit State Documentary Fee Date: October 13, 2022 $16.00 LOT A OF RECORDED EXEMPTION NO.0805.16.4-RE3634, RECORDED DECEMBER 11, 2003 AS RECEPTION NO.3134327, BEING A PART OF THE E1/2 OF SECTION 16, TOWNSHIP 6 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO. also known by street and number as: VACANT LAND, Greeley, CO 80631 with all its appurtenances and warrant(s) the title to the same against all persons claiming under me(us), and not otherwise, subject to Statutory Exceptions and including those exceptions shown on Exhibit A attached hereto and made a part hereof. Signed this day of //ailuDAY OF ©C1 sPelle " ,2022. (SEE ATTACHED "SIGNATURE PAGE") When recorded return to: Everhart Companies LLC, A COLORADO LIMITED LIABILITY COMPANY 4518 O ST, Greeley, CO 80631 Form 1090 closingkieedsistatutory/swd_stalutoty.html 25200384 (100300532) III 11111111111111111111 4861536 10/17/2022 01:09 PM Page 2 of 3 Special Warranty Deed with Statutory Exceptions SIGNATURE PAGE NGL WATER SOLUTIONS DJ, LLC, A COLORADO LIMITED LIABILITY COMPANY BY: NGL WATEFISIXIIES LIMITED PRESIDENT LLC, A COLORADO , ITS MEMBER WHITE, EXECUTIVE VICE State of C.0,0rad6 County of �P.r1V e X The foregoing instrument was acknowledged before me on this day of I i th rtltt be r Eby DOUGLAS W. WHITE AS EXECUTIVE VICE PRESIDENT OF NGL WATER SOLUTIONS LLC, A COL • - DO LIMITED LABILITY COMPANY, THE MEMBER OF NGL WATER SOLUTIONS DJ, LLC, A COLORADO LIMITED LIABILITY COMPANY Witness my hand and official seal My Commission expires: JLAYIE' `L '2 Q 2-(o l aq d (! //' j\Li 1 Notary Public lU Magall Magna NOTARY PMBUC 8TATE OF COLORADO NOTARY ID 20224024841 MY C0MNIESION WIRES June 27, 2026 Form 1090 closing/deedsistatutory/swd_stafutary.html 25200384 (100300532) 4861536 10/17/2022 01:09 PM Page 3 of 3 EXHIBIT A Property Address: VACANT LAND, Greeley, CO 80631 1. RIGHT OF WAY FOR COUNTY ROADS 30 FEET ON EITHER SIDE OF SECTION AND TOWNSHIP LINES, AS ESTABLISHED BY THE BOARD OF COUNTY COMMISSIONERS FOR WELD COUNTY, RECORDED OCTOBER 14, 1889 IN BOOK 86 AT PAGE 273. 2. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT RECORDED JANUARY 20, 1948 IN BOOK 1219 AT PAGE 267. 3. RIGHT OF WAY FOR PUBLIC HIGHWAY AS GRANTED TO WELD COUNTY, COLORADO IN INSTRUMENT RECORDED JANUARY 09, 1953, IN BOOK 1347 AT PAGE 525. 4. RIGHT OF WAY EASEMENT AS GRANTED TO COLORADO INTERSTATE GAS COMPANY, A DELAWARE CORPORATION IN INSTRUMENT RECORDED JULY 11, 1955, IN BOOK 1424 AT PAGE 77. 5. UNDIVIDED ONE-HALF INTEREST IN AND TO ALL OIL, GAS AND OTHER MINERALS AS RESERVED IN DEED +RECORDED JULY 09, 1958, IN BOOK 1507 AT PAGE 267, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 6. OIL AND GAS LEASE RECORDED AUGUST 28.1981 UNDER RECEPTION NO. 1870312 AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTEREST THEREIN. NOTE: AFFIDAVIT OF PRODUCTION RECORDED MARCH 18, 1986 AT RECEPTION NO.2046582. 7. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF RE -3634 RECORDED DECEMBER 11, 2003 UNDER RECEPTION NO.3134327. 8. ALL OIL, GAS, MINERALS AND OTHER MINERAL RIGHTS AS CONVEYED IN INSTRUMENT RECORDED FEBRUARY 22, 2005, UNDER RECEPTION NO.3262409, AND ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN. 9. TERMS, CONDITIONS AND PROVISIONS OF ROAD MAINTENANCE AGREEMENT RECORDED FEBRUARY 02, 2021 UNDER RECEPTION NO.4678018. 10. TERMS, CONDMONS AND PROVISIONS OF AFFIDAVIT RECORDED MAY 26, 2021 UNDER RECEPTION NO. 4719280. NOTE: THE FOLLOWING NOTICES PURSUANT TO CRS 9-1.5-103 CONCERNING UNDERGROUND FACILITIES HAVE BEEN FILED WITH THE CLERK AND RECORDER. THESE STATEMENTS ARE GENERAL AND DO NOT NECESSARILY GIVE NOTICE OF UNDERGROUND FACILITIES WITHIN THE SUBJECT PROPERTY: (A) MOUNTAIN BELL TELEPHONE COMPANY, RECORDED OCTOBER 1, 1981 AT RECEPTION NO. 1870705. (B) WESTERN SLOPE GAS COMPANY, RECORDED MARCH 9, 1983 AT RECEPTION NO. 1919757. (C) ASSOCIATED NATURAL GAS, INC., RECORDED JULY 20, 1984 AT RECEPTION NO. 1974810 AND RECORDED OCTOBER 1, 1984 AT RECEPTION NO. 1983584 AND RECORDED MARCH 3, 1988 AT RECEPTION NO.2132709 AND RECORDED APRIL 10, 1989 AT RECEPTION NO. 2175917. (5) PANHANDLE EASTERN PIPE LINE COMPANY, RECORDED OCTOBER 1, 1981 AT RECEPTION NO. 1870756 AND RECORDED JUNE 26, 1986 AT RECEPTION NO. 2058722. (E) COLORADO INTERSTATE GAS COMPANY, RECORDED AUGUST 31, 1984 AT RECEPTION NO. 1979784. (F) UNION RURAL ELECTRIC ASSOCIATION, INC., RECORDED OCTOBER 5, 1981 AT RECEPTION N0. 1871004. (G) WESTERN GAS SUPPLY COMPANY, RECORDED APRIL 2, 1985 AT RECEPTION NO. 2004300. (H) PUBLIC SERVICE COMPANY OF COLORADO, RECORDED NOVEMBER 9, 1981 AT RECEPTION Na 1874084. (I) ST. VRAIN SANITATION DISTRICT, RECORDED DECEMBER 14, 1988 AT RECEPTION NO.2164975. (J) LEFT HAND WATER DISTRICT, RECORDED AUGUST 28, 1990 AT RECEPTION NO. 2224977. (K) UNITED POWER, INC., RECORDED JANUARY 24, 1991 AT RECEPTION NO. 2239296. (L) WIGGINS TELEPHONE ASSOCIATION RECORDED OCTOBER 14, 1992 AT RECEPTION NO.2306829. CT, ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS NGL Water Solutions DJ, LLC — USR 19-0060 THIS AGREEMENT is made this day of January, 2021, by and between NGL Water Solutions DJ, LLC, a limited liability company organized under the laws of the State of Colorado, whose address is 3773 Cherry Creek N. Drive, Suite 1000, Denver, Colorado 80209, hereinafter referred to as "Property Owner," 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 "0" Street, Greeley, Colorado 80631 hereinafter referred to as "County." WITNESSETH: WHEREAS, Property Owner is the owner of the following described property in the County of Weld, Colorado: Lot A of Recorded Exemption, RE -3634; being part pf the SE 1/4 of Section 16, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado hereinafter referred to as "the Property," and WHEREAS, Property Owner has received Board of County Commissioner approval of USR19-0060, and WHEREAS, Property Owner acknowledges that the final approval of USR19-0060 is conditional upon Property Owner's acceptance of road maintenance described in this Agreement. NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants contained herein, the parties hereto promise, covenant and agree as follows: PART I: SITE SPECIFIC PROVISIONS A. Haul Routes: The Property Owner shall be financially responsible for its proportional share of the County's costs associated with maintaining and/or improving designated hauVtravel routes. 0 ae -3 pit ` sir . o�oW4 5 ac •asdi = ANY7 46U ZiE -w Na � N° rempN�� 1.0 Haul Routes. The following roads are designated as haul/travel routes for the Property: 1) North and south along CR 31 between Highway 392 and approved site access location. 2.0 Haul trucks shall enter and exit the site at the approved access(es) on CR 31 and travel north -south for further dispersal. Any County roads used by traffic associated with USR19-0060 may become part of the established haul/travel routes. 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. 4.0 Temporary Deviations. In unusual or rare occasions, if projects mandate deviation from the above -mentioned haul/travel route for a limited period (six months or less), Weld County Public Works may authorize, in writing, the deviation. In that circumstance, haul/travel vehicles will utilize paved county roads whenever possible. A deviation from the established haul/travel route lasting more than six (6) months NGL Water Solutions DJ, LLC — USR19-0060 — RMA20-0060 Page 1 of 7 o2i0oVe OPffi or requests for one (1) or more deviations within a 12 -month period shall authorize the County to change the haul/travel routes designated herein, and provide notice to the Property Owner. 5.0 Haul Route Signage. Property Owner 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 Board 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, as required by the Board: 2.0 Repair. Property Owner shall be financially responsible for its proportional share of excavation, patching, and pavement repair on designated haul/travel routes. The amount and extent of repair and paving measures will be determined by site -specific conditions at the time, as determined exclusively by County personnel. 3.0 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 Property Owner of such Significant Damage. Property Owner 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 Property Owner identifies Significant Damage prior to receiving notice thereof from County, Property Owner 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). 4.0 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 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 Property Owner in writing that the Off -Site Improvements/Repairs shall be undertaken. o 4.1 In County's sole discretion, County may undertake the repairs and/or improvements. Property Owner's payment for its Proportionate Share of the road repairs/improvements will be a calculated as determined in this Agreement. Property Owner will be invoiced accordingly for those proportional share costs. a3 5.0 Calculation of Property Owner's Proportional Share of Costs. The County shall notify Property r`�►�� Owner of County's preliminary determination and assessment of Property Owner's proportional share of o ra costs of maintenance, repair, or improvements to Property Owner's designated haul/travel routes. Prior to a� County's final determination and assessment, County shall provide Property Owner with a reasonable opportunity to review, comment upon and supplement County's data, collection methodology, and La"' ' determinations. The County shall review and consider Property Owner's input prior to making a final g n h determination and assessment. The County shall have sole responsibility for determination of Property ®5 Owner's proportional share of costs. Property Owner agrees to pay such proportional share of costs within S30 days of receiving an invoice from County. W. NGL Water Solutions DJ, LLC — USR19-0060 - RMA20-0060 �� Page 2 of 7 6.0 Annual Road Inspection. County may conduct a road inspection annually with the cooperation of Property Owner and all other Property Owners and/or Lessees who are required by County to participate in road improvement/maintenance agreements for the haul routes designated in this Agreement. As a result of the annual inspection, County, in its sole discretion, shall determine actual conditions and shall further determine what road repair/improvement/maintenance work is to be performed during that construction season. Notification to the Property Owner of the required roadway repairs will be given as soon as the data become available. 7.0 Notification. The County shall notify Property Owner of County's preliminary determination and assessment of Property Owner's proportionate share of costs of maintenance, repair, or improvements to Property Owner's designated haul/travel routes. Prior to County's final determination and assessment, County shall provide Property Owner with a reasonable opportunity to review, comment upon and supplement County's data, collection methodology, and determinations. The County shall review and consider Property Owner's input prior to making a final determination and assessment. PART It: GENERAL PROVISIONS A. Permits: Property Owner 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, Property Owner 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, Property Owner has violated any of the terms of this Agreement, County shall notify Property Owner of its belief that the Agreement has been violated and shall state with specificity the facts and circumstances which County believes constitute the violation. Property Owner 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 Property Owner to be in breach of this Agreement. 2.0 Remedies for Breach by Property Owner. In the event that County determines that Property Owner 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 Withholding Permits. County may "lock" any or all lots within the Property, which precludes the continued issuance of building permits, zoning permits, septic permits, or any other permit issued by any department of the County. NGL Water Solutions DJ, LLC — USRI9-0060 — RMA20-0060 Page 3of7 2.2 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. 2.3 Revocation of USR Permit. Property Owner acknowledges that failure to comply with the terms of this Agreement constitutes cause to revoke the USR, and County may exercise this option in its sole discretion by proceeding with revocation under the then current provisions of the Weld County Code. 3.0 Termination of Agreement. This Agreement shall terminate upon the earliest of the following events: 3.1 failure to Commence. County may terminate this Agreement upon or after revocation of the underlying land use approval under Weld County Code Section 23-2-290. 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 Property Owner's complete cessation of all activities permitted by the USR 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 Property Owner of cessation of activities, and verified by the County, cessation shall only be presumed if the County determines that the USR has been inactive for three (3) years. Property Owner shall not be entitled to a release of Project or Warranty Collateral unless and until the improvements required by this Agreement are completed. 3.3 Execution of Replacement Agreement. This Agreement shall terminate following County's execution of a new Improvements Agreement with a new property owner or operator who has purchased the Property or has assumed the operation of the business permitted by the USR, and intends to make use of the rights and privileges available to it through the then existing USR. 3.4 Revocation of USR. This Agreement shall terminate following County's revocation of Property Owner's USR, except that the Property Owner shall only be released from this Agreement after the successful completion of all improvements required under this Agreement, which may be completed by County after accessing Property Owner's collateral if Property Owner fails to 2 complete such improvements. S C. General Provisions: tar ;3 1.0 Successors and Assigns. a 03 1.1 Property Owner may not delegate, transfer, or assign this Agreement in whole or in part, r -M`57 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 v:15E not be unreasonably withheld by County. In such case, Property Owner's release of its obligations shall be accomplished by County's execution of a new Improvements Agreement with the successor owner of the property. dn6R y N� ro ritm NGL Water Solutions DJ, LLC — USR 19-0060 — RMA20-0060 r �:3� Page 4 of 7 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 all roads affected by this Agreement. 2.0 Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 3.0 Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 4.0 No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 5.0 Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 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 Property Owner, 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. Property Owner 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 NGL Water Solutions DJ, LLC—USRl9-0060-RMA20-0060 Page 5 of 7 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, Property Owner shall provide the County with proof of Property Owner's authority to enter into this Agreement within five (5) days of receiving such request. 12.0 Acknowledgment, County and Property Owner 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. NGL Water Solutions DJ, LLC — USR19-0060 — RMA20-0060 Page 6 of 7 PROPER By: Nam GL Water Solutions DJ, LLC . White Title: Executive Vice President STATE OF COLORADO COUNTY OF DENVER Date SS. 1/13boal EMILY RIEHL Notary Public State of Colorado Notary ID 9 201940241 10 My Commission Expires 08.25-2023 The foregoing instrument was acknowledged before me this L 3 day of January, 2021, by Douglas W. White, as Executive Vice President of NGL Water Solutions DJ, LLC. WITNESS my hand and official seal. WELD COUNTY: ( Cam( ATTEST: C/ �•'K Weld C. ► , Clerk to the Bo BY: Deputy CI to th. Boar BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO teve Moreno, Chair JAN 2 7 2021 NGL Water Solutions Di, LLC — USR 19-0060 — RMA20-0060 Page 7of7 c20c2/_ 0a.2 cz-r9 RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR19-0060, FOR AN OIL AND GAS SUPPORT AND SERVICE, INCLUDING AN UNMANNED, PIPELINE ONLY, CLASS II SALTWATER DISPOSAL FACILITY AND RELATED INFRASTRUCTURE, UP TO FIVE (5) CONSTRUCTION TRAILERS AND FIVE (5) CONEX CONTAINERS FOR TEMPORARY USE DURING CONSTRUCTION IN THE A (AGRICULTURAL) ZONE DISTRICT - NGL WATER SOLUTIONS DJ, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 8th day of January, 2020, at the hour of 10:00 a.m , in the Chambers of the Board, for the purpose of hearing the application of NGL Water Solutions DJ, LLC, 3773 Cherry Creek N. Dr., Suite 1000, Denver, Colorado 80209. for a Site Specific Development Plan and Use by Special Review Permit, USR19-0060 for an Oil and Gas Support and Service, including an unmanned pipeline only, Class II Saltwater Disposal Facility and related infrastructure, up to five (5) construction trailers and five (5) conex containers for temporary use during construction in the A (Agricultural) Zone District, on the following described real estate, being more particu arty described as follows: Lot A of Recorded Exemption, RE -3634. being part of the SE1/4 of Section 16, Township 6 North, Range 66 West o{ the 6th P.M., Weld County, Co orado WHEREAS, at said hearing. the Board deemed it advisable to continue the matter to March 11, 2020, at 10:00 a.m., to allow NGL Water Solutiors DJ, LLC, adequate time to address survey and engineering issues related to the project, and WHEREAS, on March 11, 2020, the Board heard all of the testimony and statements of those present and reviewed the request of the applicant and, having been fully informed deemed it advisable to continue this matter to June 10, 2020. at 10:00 a.m., to allow surrounding property owner, Donn Leffler, and his legal team, adequate time to complete a survey ana review the information provided ay NGL, ana WHEREAS, on June 10, 2020, the Board heard all of the testimony and statements of those present and reviewed the request of the applicant and, having been fully informed, deemed it advisable to continue this matter to September 16, 2020, at 10:00 a.m., to allow NGL adequate time to address the request of the Colorado Oil and Gas Conservation Commission (COGCC) to allow the we I permit application to proceed through the state process, and WHEREAS, on September 16, 2020, the Board heard all of the testimony and statements of those present and reviewed the request of the applicant and, having been fully informed, deemed it advisable to continue the matter to November 4. 2020, at 10:00 a.m., to allow NGL adequate time to explore a settlement, with Dorm Leffler, surrounding property owner, related to the USR application, and co: Pt (iio 1TP) 1 Phi(zgliM) of( sp) Cih(8 c) , APPL , AWL REP /1/16 /zap 2020-0106 PL2727 SPECIAL REVIEW PERMIT (USR19-0060) - NGL WATER SOLUTIONS DJ, LLC PAGE2 WHEREAS, on November 4, 2020, the applicant was present, and WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of said Use by Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendation of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. A- 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section' 23-2-230.8 of the Weld County Code as follows: A. Section 23-2-230.B.1 — The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. 1) • Section 22-2-20.G.2 (A. Policy 7.2) states: "Conversion of agricultural land to nonurban residential, commercial and industrial uses should be accommodated when the subject site is in an area that can support such development .and should attempt to be .compatible with the region: The proposed facility is located in an area that contains productive agricultural activities that are not readily supported on this parcel because of the small lot size. Furthermore, this property has direct access onto County Road 31, which is a primary transportation corridor that supports agricultural,. commercial and industrial transportation. The unmanned facility will generate little traffic and the metal skinned building is similar in size to other agricultural buildings and structures in the area. 2) Section 22-4-130 addresses mineral' resource exploration and production wastes, stating a large amount of water is extracted during the production of crude oil and natural gas. The wastewater produced from mineral resource exploration and production waste is frequently brackish or salty and must be processed and disposed of • in a satisfactory manner ' to protect both human and environmental health. In order to protect the land, water and County citizen health, groundwater contamination must beprevented by following state 'regulations that require cementation of wells (including injection wells) to prevent commingling of water, oil and gas into other formations. 3) Section 22-4-140.A (EP.Goal 1) states: "Encourage the minimization of mineral resource exploration and production waste and require the safe disposal of it." Oil and gas development in the County is an integral part of the County economy and has a 2020-0106 PL2727 SPECIAL REVIEW PERMIT (USR19-0060) - NGL WATER SOLUTIONS DJ, LLC PAGE 3 substantial direct and indirect impact on current and future land use.. Oil and gas development is cyclical, but the economics of energy suggests there will be sustained levels of exploration and extraction in the County. Many state and federal permits are required for the industry, such as Stormwater Management Plans, environmental reports (including those for threatened and endangered species), archeological and historical reports, Floodplain Permits, Air Pollution Emissions Notices and other federal, state and County statutes, regulations and ordinances. • 4) Section 22-4-140.B (EP.Goal 2) states: "Mineral resource exploration and production waste facilities should be planned, located, designed and operated to 'encourage compatibility with surrounding land uses in terms of items such as general use, scale, height, traffic, dust, noise and visual pollution." Referrals were sent to the Colorado and Weld County Departments of Public Health and Environment. and the Colorado Department of Transportation for comment. The Weld County Department of Public Health and Environment returned a referral dated October 11, 2019, requiring the applicant and operator to submit a Groundwater Monitoring Plan to the Weld County Department of Public Health and Environment for review and approval prior to recording the USR Map. The Colorado Department of Transportation returned a referral dated October 7, 2019, without concerns. The proposed use is in an area that can support this development and the existing screening, Conditions of Approval, and Development Standards will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses and the region. B. Section 23-2-230.6.2 — The proposed use is consistent with the intent of the A (Agricultural) Zone District. Chapter 23, Article III, Section 23-3-40.W allows for Oil And Gas Support and Service facilities to be 'constructed, operated and maintained on lands outside of Subdivisions and Historic Townsites in the A (Agricultural) Zone District upon approval of a Use by Special Review Permit (USR), in accordance with the requirements and procedures set forth in Chapter 23, Article II, Division 4 of the Weld County Code. Agriculture in the County is considered a valuable resource which must be protected from adverse impacts resulting from uncontrolled and undirected business, industrial and residential land uses. The A (Agricultural) Zone District is established to maintain and promote agriculture as an essential feature of the County. The A (Agricultural) Zone District is intended to provide areas for the conduct of agricultural activities and activities related to agriculture and agricultural production, and for areas for natural resource extraction and energy development, without the interference of other, incompatible land uses. C.. Section 23-2-230.B.3 — The uses which will be permitted will be compatible with the existing surrounding land uses. The adjacent lands consist of 2020-0106 PL2727 SPECIAL REVIEW PERMIT (USR19-0060) - NGL WATER SOLUTIONS DJ, LLC PAGE 4 irrigated agricultural lands, small businesses and rural residences. The closest residence is approximately 515 feet to the northeast, with two (2) residences located to the west, one approximately 840 feet and the second approximately 1,725 feet from the western property line. There are six (6) USRs within one (1) mile of,the site. USR-843 for farm equipment repair, 3MUSR19-85-695 for a Kennel, USR-1698 for a Child Day Care Center located to the west; SUP -292 for a 3,700 -head feedlot and USR14-0002 for oil and gas support and service, specifically the HighPoint Resources LLC, Greeley office, and SUP -175 for a 100 head feedlot to the south. The Weld County Department of Planning Services sent notice to five (5) surrounding property owners on eight (8) parcels. Planning staff received correspondence from one (1) surrounding property owner within 50.0 feet of the parent parcel and two (2) letters from attorneys who represent this same individual with concerns. The letter outlines concern about environmental impact, specific to contamination of an irrigation water supply. The applicant met with owners of the surface estate on an individual basis and have had extensive discussions with the adjacent property owner to the south and southeast from the project parcel. This property owner holds concerns of the possibility of contamination of his irrigation water from the proposed injection well facility. The Conditions of Approval require that the applicant submit an Emergency Action and Safety Plan, an extensive Groundwater Monitoring Plan with leak detection monitors placed around the facility, both up -gradient and down -gradient from the facility. The applicant is also proposing multiple redundant mitigation measures for leak detection and spill containment to be implemented as part of the construction of the facility initially and for operation. Additionally, a Lighting Plan, a Flood Hazard Development Permit, and visual mitigation via a Screening Plan is required. The Conditions of Approval and Development Standards will assist in mitigating the impacts of the facility on the adjacent properties and ensure compatibility with surrounding land uses and the region. Section 23-2-230.B.4 — The uses which will be permitted will be compatible with future development of the surrounding area, as permitted by the existing zoning, and with the future development, as projected by Chapter 22 of ,the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The site is located within the three (3) mile referral area of the Town of Eaton, Town of Severance, Town of Windsor and the City of Greeley. The site is also located within the Coordinated Planning Agreement area for the Towns of Severance and Windsor. The Town of Severance returned an undated Notice of Inquiry stating "This project falls outside of the Severance GMA and at this time the Town does not wish to annex. Please continue to include the town on future project submittals." The Town of Windsor returned an undated Notice of Inquiry stating "... outside of Windsor's GMA/No conflict." The Town of Windsor returned a referral dated October 10, 2019, indicating no conflicts with the Town's interests and the City of Greeley returned a referral dated October 3, 2019, 2020-0106 PL2727 SPECIAL REVIEW PERMIT (USR19-0060) - NGL WATER SOLUTIONS DJ, LLC PAGE 5 stating the City of Greeley Planning does not have any comments on this project, as it is located outside of the tong Range Expected Growth Area. The Town of Eaton and the Town of Severance did not return a referral response. E. Section 23-2-230.B.5 — The application complies with Chapter 23, Articles V and XI, of the Weld County Code. The property is not within the Geologic Hazard Overlay District, Airport Overlay District or Municipal Separate Storm Sewer System (MS4) area. The site is within the Flood Hazard Development Overlay area and will require an approved .Flood Hazard Development Permit prior to construction. Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide Road Impact Fee, County Facility Fee, and Drainage Impact Fee Programs. Section 23-2-230.6.6 — The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The proposed facility is located on approximately seven (7) acres of Prime (Irrigated) Farmlands of National Importance, per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. The property is a dry corner and does not have any irrigation water associated on the property. G. Section 23-2-230.B.7 — The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of NGL Water Solutions DJ, LLC, for a Site Specific Development Plan and Use by Special Review Permit, USR19-0060, for an Oil and Gas Support and Service, including an unmanned, pipeline only, Class II Saltwater Disposal Facilityand related infrastructure, up to five (5) construction trailers and five (5) conex containers for temporary use during construction in the A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted subject to the following conditions: 1. Prior to recording the map: A. A Road Maintenance Agreement is required at this location. Road • maintenance includes, but is not limited to, dust control and damage repair to specified haul routes. B. A Final Drainage Report and Certification of Compliance, stamped and signed by a Professional Engineer registered in the State of Colorado, is required. 2020-0106 PL2727 SPECIAL REVIEW PERMIT (USR19-0060) - NGL WATER SOLUTIONS DJ, LLC PAGE 6 The property owner or operator shall provide a final Engineering Report and Certification of Compliance, stamped and signed by a qualified Professional Engineer registered in the State of Colorado, which shall demonstrate that the quantity and quality of decreed subsurface water flow across the,site to the southern property owner will not be injured. D. The applicant shall address the requirements of the State of Colorado Department of Public Health and Environment, as stated in the referral response dated October 25, 2019. Written evidence of such shall be submitted to the Weld County Department of Planning Services. E. A Decommissioning Plan shall be submitted to, and approved by, the Department of Planning Services. F. A Communication Plan shall be submitted to, and approved by, the Department, of Planning Services. G. A Lighting Plan shall be submitted to, and approved by, the Department of Planning Services. H. A Landscape and Screening Plan (Visual Mitigation) shall be submitted to, and approved by, the Department of Planning Services that screens the site from the surrounding property owners and public rights -of -way. I. The applicant shall provide written evidence of the existing and future right-of-way .for State Highway 392 from the Colorado Department of Transportation. J. The map shall be amended to delineate the following: 1) All sheets of the map shall be labeled USR19-0060. 2) The attached Development Standards. 3) The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. 4) The applicant shall delineate the trash collection areas on the map. Section 23-2-240.A.13 of the Weld County Code addresses the ' issue of trash collection areas. 5) The map shall delineate the landscaping and screening accordance with the approved Landscape and Screening Plan. 6) The map shall delineate the on -site lighting in accordance with the approved Lighting Plan. 2020-0106 PL2727 SPECIAL REVIEW PERMIT (USR19-0060) - NGL WATER SOLUTIONS DJ, LLC PAGE 7 7) All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. 8) The map shall delineate the parking area for company employees. 9) County Road 31 is a paved road and is designated on the Weld County Functional Classification Map as a local road, which requires 60 feet of right-of-way at full buildout. The applicant shall delineate and label the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road on the site map or plat. All setbacks shall be measured from the edge of the right-of-way. This road is maintained by Weld County. 10) The applicant shall show and label the existing and future right-of-way for State Highway 392. Contact the Colorado Department of Transportation for right-of-way widths and additional requirements. 11) The applicant shall show and label the approved access locations, approved access width and the appropriate turning radii (60 feet) on the site plan. The applicant must obtain an Access Permit in the approved location(s) prior to construction. 12) The applicant shall show and label the approved tracking control on the site plan. 13) The applicant shall show and label the entrance gate, if applicable. An access approach that is gated shall be designed so that the longest vehicle (including trailers) using the access can completely clear the traveled way when the gate is closed. In no event shall the distance from the gate to the edge of the traveled surface be less than 35 feet. 14) The applicant shall show and label the accepted drainage features. Stormwater ponds should be labeled as "Stormwater Detention, No -Build or Storage Area" and shall include the calculated volume. 15) The applicant shall show and label the drainage flow arrows. 16) The applicant shall show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. 17) The applicant shall show the floodplain and floodway (if applicable) boundaries on the map. The applicant shall label the floodplain boundaries with the FEMA Flood Zone and FEMA Map Panel Number or appropriate study. 2020-0106 PL2727 SPECIAL REVIEW PERMIT (USR19-0060) - NGL WATER SOLUTIONS DJ, LLC PAGE 8 2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon approval of the map, the applicant shall submit a Mylar map along with all other documentation required as Conditions of. Approval. The Mylar map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar map and additional requirements shall be submitted within 120 days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the map not be recorded within the,required 120 days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall be added for each additional three (3) month period. 4. Prior to Construction: A. The approved access and tracking control shall be constructed prior to on -site construction. B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. C. Any construction in the floodplain requires a Floodplain Permit. 5. Prior to Operation: ‘A. The applicant shall develop an Emergency Action and Safety Plan with the Office of Emergency Management and the Fire District. The plan shall be reviewed on an annual basis by the Facility operator, the Fire District and the Weld County Office of Emergency Management. The applicant shall submit evidence of acceptance to the Department of Planning Services. B. The applicant shall submit a Groundwater Monitoring Plan, for review and approval, to the Weld County Department of Public Health and Environment. 6. The Use by Special Review is not perfected until the Conditions of Approval are completed and the map is recorded. Activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review map is ready ,to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement. 2020-0106 PL2727 SPECIAL REVIEW PERMIT (USR19-0060) • NGL WATER SOLUTIONS DJ, LLC PAGE 9 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 4th day of November, A.D., 2020. BOARD OF COUNTY COMMISSIONERS. WELD COUNTY, COLORADO ATTEST: d..,a4A,) ;� Weld County Clerk to the Board BY APP Countorney Date of signature: l l / 131 a0 a Mike Freeman, Chair Steveoreno, Pro-Tem K. James CUSED rbara Kirkmeygc_— ., Kevin D. Ross 2020-0106 PL2727 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS NGL WATER SOLUTIONS DJ, LLC USR19-0060 1. The Site Specific Development Plan and Use by Special Review, USR19-0060, is for an Oil and Gas Support and Service, including an unmanned, pipeline only, Class II Saltwater Disposal 'Facility and related infrastructure, up to five (5) construction trailers and five (5) conex containers for temporary use during construction in the A (Agricultural) Zone District, subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. 3. This is an unmanned facility, as stated,in the application materials. 4. The parking area on -the site shall be maintained. 5. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. 6. The screening on the site shall be maintained in accordance with the approved Screening Plan. 7 The property owner or operator shall maintain compliance with the Decommission Plan and the Communication Plan. 8. The property owner or operator shall provide written evidence of an approved Emergency Action and Safety Plan on or before March ' 1.5th of any given year signed by representatives for the Fire District and the Weld County Office of Emergency Management to the Department. of Planning Services. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Articles I and II, of the Weld County Code. 10. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. 11. , There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. 9. 12. Any work that may occupy and/or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. 13. The property owner or operator shall comply with all requirements provided in the executed Road Maintenance Agreement. 14. The Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site visit and possible updates. 2020-0106 PL2727 DEVELOPMENT STANDARDS (USR19-0060) - NGL WATER SOLUTIONS DJ, LLC PAGE 2 15. The historical flow patterns and runoff amounts on the site will be maintained. 16, Weld County is not responsible for the maintenance of on -site drainage related features. 17. Water, wastewater, and other materials to be disposed of via the injection well, shall be delivered by pipeline only. 18. No disposal of waste, other than Class II, as currently defined by the Environmental Protection Agency, is permitted. Any changes from the approved Class II Use will require an amendment to this Use by Special Review Permit. • 19. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 20. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5. 21. Waste materials shall be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. The facility shall operate in accordance with Chapter 14, Article I, of the Weld County Code. 22. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's Air Quality Regulations. 23. The applicant shall submit an Air Pollution Emission Notice (APEN) and Emissions Permit Application and obtain a permit from the Air Pollution Control Division of the Colorado Department of Public Health and Environment, as applicable. • 24. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the facility, at all times. As employees or contractors are onsite for less than two (2) consecutive hours a day, portable toilets and bottled water are acceptable. Records of maintenance and proper disposal for portable toilets shall be retained on a quarterly basis and available for review by the Weld County Department of Public Health and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County and shall contain hand sanitizers. Portable toilets shall be screened from existing, adjacent residential properties. . All potentially hazardous chemicals onsite must be handled in a safe manner in accordance with product labeling. All chemicals must be stored secure, on an impervious surface, and in accordance with manufacturer's recommendations. 26. Secondary containment shall be constructed around tanks to provide containment for the largest single tank and sufficient freeboard to contain precipitation. Secondary containment shall be sufficiently impervious to contain any spilled or released material. Secondary containment devices shall be inspected at regular intervals and maintained in good condition. All secondary containment will comply with the Colorado Oil and Gas 2020-0106 PL2727 DEVELOPMENT STANDARDS,(USR19-0060) - NGL WATER SOLUTIONS DJ, LLC PAGE 3 Conservation Commission (COGCC) Rules and/or the provisions of the State Underground and Above Ground Storage Tank Regulations. 27. As applicable, a Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the applicable provisions of 40 CFR, Part 112, shall be available. 28. The facility shall be constructed and operated to ensure that contamination of soil and groundwater does not occur. 29. The facility shall comply with the accepted Groundwater Monitoring Plan. 30. Analytical waste data and'environmental monitoring data shall be made available to the Weld County Department of Public Health and Environment (WCDPHE) upon request. The WCDPHE reserves the right to require additional monitoring. 31. Any contaminated soils on the facility shall be removed, treated or disposed of in accordance with all applicable rules and regulations. All spills will be reported to local, state and federal agencies in accordance with all state and federal regulations. 32. All stormwater, which has come (into contact•with waste materials on the site, shall be confined on the site. In the event the stormwater is not adequately controlled on the site, upon written notification from. the WCDPHE or Colorado Department of Public Health and Environment (CDPHE), a comprehensive site -wide Stormwater,Plan shall be developed and implemented. The plan must be approved, in writing, by the WCDPHE or CDPHE, prior to implementation. 33. The applicant shall obtain a Colorado Discharge Permit System, or CDPS permit, from the CDPHE, Water -Quality Control Division, as applicable. 34. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone as set forth in C.R.S. §25-12-103. 35. The WCDPHE will be notified prior to the closure of the facility. Upon site closure, the facility will remove all wastes from the site and decontaminate all equipment, tanks, and secondary containment. All wastes removed from the site during closure activities will be disposed of offsite, in accordance with all state and federal rules and regulations and the Weld County Code. Documentation of closure activities will be provided to the WCDPHE. 36. The property owner or operator shall notify the County of -any revocation and/or suspension of any State -issued permit. 37. The property owner or operator shall notify the County upon receipt of any compliance advisory or other notice of non-compliance of a State -issued permit, and of the outcome or disposition of any such compliance advisory or other notice of non-compliance. 38. The operation shall comply with all applicable rules and regulations of state and federal agencies and the Weld County Code. 2020-0106 PL2727 DEVELOPMENT STANDARDS (USR19-006O) - NGL WATER SOLUTIONS DJ, LLC PAGE 4 39. Lighting shall be maintained in accordance with the approved Lighting Plan: 40. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties. Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in accordance with the map. Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with, or construed as, traffic control devices. 41. A Flood Hazard Development Permit is required for all construction or development occurring in the floodplain or floodway as delineated on Federal Emergency Management Agency (FEMA) FIRM Community Panel Map #08123C -1510E, effective date January 20, 2016:(Coalbank Creek Floodplain). Any development shall comply with all applicable Weld County requirements, Colorado Water Conservation Board requirements as described in Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65. The FEMA definition of development is any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment and materials. 42. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any development activities, the owner should contact Weld County to determine if the floodplain boundaries have been modified. 43. Building permits shall be required for any new construction or set up manufactured structure, per Section 29-3-10 of the Weld County Code. A building permit application must be completed and submitted. Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently, the following have been adopted by Weld County: 2018 International Building Codes, 2006 International Energy Code, 2017 National Electrical Code, and Chapter 29 of the Weld County Code. A plan review shall be approved, and a permit must be issued, prior to the start of construction. 44. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 45. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment shall. begranted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Conditions of Approval' and Development Standards stated herein and all applicable Weld County regulations. 46. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards, as shown or stated, shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are - 2020 -0106 PL2727 DEVELOPMENT STANDARDS (USR19-0060) - NGL WATER SOLUTIONS DJ, LLC PAGE 5 permitted. Any other changes shall be filed in the office of the Department of Planning Services. 47. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under Title 34, of the Colorado Revised Statutes, minerals are vital resources because (a) the state's commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and persons moving into these areas must recognize the various impacts associated with this development. Oftentimes, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property right's and mineral owners should be afforded the opportunity t6 extract the mineral resource. 48. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the Weld County Code, shall be placed on the map and recognized at all times. 2020-0106 PL2727 Hello