HomeMy WebLinkAbout20231274.tiffRESOLUTION
RE: APPROVE TERMINATION OF ROAD MAINTENANCE IMPROVEMENTS
AGREEMENT FOR 1041 WELD OIL AND GAS LOCATION ASSESSMENT PERMIT,
1041WOGLA19-0010 - ENERPLUS RESOURCES (USA) CORPORATION
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, by Final Order dated December 9, 2019, Dave Kulmann, Hearing Officer for
the Weld County Oil and Gas Energy Department, approved 1041 Weld Oil and Gas Location
Assessment Permit, 1041 WOGLAI9-0010, for Enerplus Resources (USA) Corporation, on the
following described real estate, to -wit:
NW1/4 NW1/4 of Section 12, Township 7 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, on December 23, 2019, the Board approved a Road Maintenance
Improvements Agreement for 1041 Weld Oil and Gas Location Assessment Permit,
1041 WOGLA19-0010, with said applicant, with terms and conditions being as stated in said
agreement, and
WHEREAS, the Department of Planning Services received a request from the Oil and Gas
Energy Department on behalf of the applicant, Enerplus Resources (USA) Corporation,
requesting that the Board of County Commissioners consider approving the termination of Road
Maintenance Improvements Agreement approved on December 23, 2019, since a site inspection
was performed on April 10, 2023, which confirmed the 1041 WOGLA19-0010 construction was
not started within three (3) years of approval and the permit expired on April 8, 2023, and
WHEREAS, the Departments of Planning Services, Public Works, Oil and Gas Energy,
and the County Attorney's Office recommend that the Board of County Commissioners consider
approving the termination of the Road Maintenance Improvements Agreement for 1041 Weld Oil
and Gas Location Assessment Permit, 1041 WOGLAI9-0010, approved on December 23, 2019,
Reception #4556162, for Enerplus Resources (USA) Corporation, since the permit has expired
and it is no longer necessary, and
WHEREAS, upon recommendation of staff, the Board deems it advisable to terminate the
Road Maintenance Improvements Agreement for 1041 WOGLAI9-0010, approved on
December 23, 2019, Reception #4556162, for Enerplus Resources (USA) Corporation.
4898948 Pages: 1 of 2
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Carly Komes, Clerk and Recorder, Weld County , CO
III MINIM fICIfirl
cc : PL (TV/NN/DA /-s -rtA)
0S/26/23
2023-1274
OG0003
APPROVE TERMINATION OF ROAD MAINTENANCE IMPROVEMENTS AGREEMENT
(1041 WOGLAI9-0010) - ENERPLUS RESOURCES (USA) CORPORATION
PAGE 2
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Road Maintenance Improvements Agreement for 1041 Weld Oil and
Gas Location Assessment Permit, 1041 WOGLA19-0010, be, and hereby is, terminated.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 8th day of May, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ddavo W XL;4.
Weld County Clerk to the Board
BY:
eputy Clerk to the Board
APP ED
ounty A orney
Date of signature: O5 /I . /
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05/18/2023 10:58 AM R Fee:$0.00
iiiRIPEWIAlligilliPrA'iirlildAkAiilalid
WeldCountyCOi��1 . 1� ii1 1 inn
Mike man, Chair
err L. Bu�'c Pro-Tem
Sco t K. James
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evin Ross
Lori Saine
2023-1274
OG0003
BOARD OF COUNTY COMMISSIONERS
PASS AROUND REVIEW
PASS -AROUND TITLE: BOCC Agenda Item - Approve Termination of Road Maintenance Agreement for:
Enerplus Resources (USA) Corporation — 1041 WOGLA19-0010
DEPARTMENT: Planning Services DATE: April 25, 2023
PERSON REQUESTING: Jazmyn Trujillo -Martinez
Brief description of the problem/issue:
The Department of Planning Services received a request from the Oil and Gas Energy Department on behalf of
Enerplus Resources (USA) Corporation, requesting that the Board of County Commissioners consider approving
the termination of the Road Maintenance Agreement for (1041 WOGLA19-0010). The Road Maintenance
Agreement was approved on December 23, 2019 and recorded as Reception #4556162 and Tyler #2019-5158.
The 1041 WOGLA19-0010 construction was never started within three years of approval thus
1041 WOGLA19-0010 has expired.
Weld County Planning Services, Public Works, Oil and Gas Energy, and the County Attorney's Office have
reviewed the above mentioned signed original document and observed the following:
• All Public Works related items, of the "Road Maintenance Agreement According To Policy', are found
to be acceptable.
• This Agreement complies with the terms of the 1041 WOGLA Permit Final Order, as signed by the
Oil and Gas Energy Hearing Officer.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
1. Have this BOCC Hearing item be placed on the next available agenda as part of the Consent Agenda.
2. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda.
Recommendation:
Option 2. The Departments of Planning Services, Public Works, Oil and Gas Energy, and the County Attorney's
Office are recommending approval of the termination of the Road Maintenance Agreement According To Policy
for 1041 WOGLAI9-0010, and that this item be placed on the next regularly scheduled BOCC Hearing, as part
of the Regular Agenda.
Approve
Recommendation
Perry L. Buck, Pro-Tem
Mike Freeman, Chair
Scott K. James
Kevin D. Ross
Lori Seine
Schedule
Work Session Other/Comments:
2023-1274
5/S
OCR 0003
April 13, 2023
Jacob Everhart
950 17th Street, Suite 2200
Denver, CO 80202
Re: 1041 WOGLAI9-0010
Mr. Jacob Everhart:
Oil and Gas Energy Department
1402 N. 17th Ave.
Greeley, CO 80631
970-400-3580 office
oged ahiweld.gov
This letter serves as notice that the referenced Weld Oil and Gas Location Assessment Permit
expired on April 8, 2023:
Applicant: Enerplus Resources (USA) Corporation
Record Number: 1041 WOGLA 19-0010
Location Name: Island Pad
Parcel Number: 070512100016
Approval Date: April 8, 2020
Legal Description: NWNW Section 12, Township 7 North, Range 67 West, 6th P.M., Weld
County, Colorado
A site inspection was performed on April 10, 2023, and it was confirmed that construction had not
begun on this Location.
Pursuant to Sec.23-2-1050., ORD2015-26: Construction pursuant to approval of a WOGLA shall
be commenced, and continual progress made within three (3) years from the date of approval, or
the approval shall terminate. If it is still the intent to pursue this Oil and Gas Location, submittal
of a new 1041 WOGLA Application is required. Pursuant to Sec.21-5-315., ORD2021-17, the
Application process shall begin with a request for a pre -application meeting.
Please contact the Oil and Gas Energy Department should there be any questions or concerns.
Sincerely,
Jason S. Maxey
Director
lnP?a,+c 3314
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW/Regular or Consent Hearing Agenda REQUEST
RE: BOCC Agenda Item - Approve Road Maintenance Agreement for:
Enerplus Resources (USA) Corporation —1041 WOGLA19-0010
DEPARTMENT: ,public Works DATE: November 19, 2019
PERSON REQUESTING: Tita Juanicarena
Brief description of the issue:
The Department of Public Works received a request from the applicant, Enerplus Resources (USA) Corporation,
requesting that the Board of County Commissioners consider approving the Road Maintenance Agreement for
(1041 WOGLAI9-0010). No collateral is required with this agreement.
Weld County Public Works, Planning Services and the County Attorney's Office have reviewed the
above -mentioned signed original document and observed the following:
• All Public Works related items, of the "Road Maintenance Agreement According To Policy", are found to
be acceptable.
• This Agreement complies with the terms of the 1041 WOGLA Permit, as signed by the Hearing Officer
for the Department of Oil and Gas Energy.
What options exist for the Board?
L Have this BOCC Hearing item be placed on the next available agenda as part of the Content Agenda.
2. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda.
Recommendation:
Option 1. The Departments of Public Works, Planning Services and the County Attorney's Office are
recommending approval of the Road Maintenance 4greenre►u According To Policy for 1041 WOGLAI9-0010,
and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Consent Agenda.
Schedule as Regular
t3tICC Ileariva lam Caber/Comments:
Sean P. Conway
Mike Frogman, Pro-Tem
Scott K. James
Barbara Kirkmeyer, Chair
Steve Moreno
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2019-5158
06-0003
ROAD MAINTENANCE
IMPROVEMENTS AGREEMENT
Enerplus Resources (USA) Corporation —1041 WOGLA 19-0010
THIS AGREEMENT is made this I errY1day of VGv► 01°n, by and between Enerplus
Resources (USA) Corporation, a corporation organized under the laws of the State of Delaware, whose
address is 950 17th Street, Suite 2200, Denver, CO 80205, 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 Celoehdo, 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
(104I WDGLA) permit located on the following described property in the County of Weld, Colorado:
NWl/4 NW1/4 of Section 12, Township 7 North, Range
67 West of the 6th P.M., Weld County, Colorado
hereiaaller referred to as "the Property," and
WHEREAS, Operator has received approval by the Hearing Officer of the Oil and Gas Energy
Department for 1041WOGLAI9-0010, and
WHEREAS, Operator acknowledges that the final approval of 1041 WOGLA 19-0010 is
condkional 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:
)2'ART SPE CIFtc PROVISIONS
A. PRIOR TO CONSTRUCTION AND OPERATIONS:
1.0 Haul Routes; The Operator shall provide haul routes to be reviewed and approved by the
Department of Public Works. The Operator shall be financially responsible for its proportional share of the
County% costs associated with maintaining and/or improving designated haul/travel routes as related to
traffic. generation. Traffic generated from this site shall enter and exit at the approved access on CR 84 and
travel tc the nearest paved arterial or collector road, or highway, and remain on paved roads foe further
dispersal. Any County roads used by traffic associated with 1041 WOGLAI9-0010 may become part of the
estaltiisied haul/travel routes.
L1 Haul Routes. The following roads are designated as haul/travel routes for any time period
desigrlasd as construction or high -volume traffic to and from the Property:
1) See "EXHIBIT A" - Haul Route Map.
2) The haul route shall remain in effect during all times of heavy road use including but not
limited to, construction, drilling of wells, and hydraulic fracturing.
Enerplus Resources (USA)Corporation - 1041 WOGLAI9-0010 - RMA19.0037
Page 1 of 7
020/9- 17,11
2.0 Notice of Constesctio,0. A pre -construction inspection and a post -construction inspection shall be
performed by County personnel to determine the site -specific condition of the road. The Operator shall
provide the Weld County Department of Public Works with two weeks advance notice of the start of
construction activities authorized by the 1041 WOGLA permit, and shall give additional notice within two
weeks after construction has been completed.
3.0 Weight Limits. No travel vehicles may exceed CDOT required specifications for pounds -per -axle
and axle configurations unless overweight permits have been applied for and granted. Operator is
responsible for researching weight limited bridges and obtaining a Special Transport Permit in accordance
with Chapter 8, Article XV, when establishing haul routes, and furthermore, must follow County
overweight permit and regulations.
4.0 Temporary Deviations, The Weld County Department of Public Works Director may approve
temporary (six months or less) deviations from the haul routes described above. To receive such approval,
the Operator must submit an updated haul route map and written request stipulating the reasons for the
deviation, which will be reviewed by the Department of Public Works. Any change in haul route lasting
more than six months shall require an amendment to this Agreement approved by the Board of County
Commissioners.
5.0 Haul Route Sienese, Operator shall install travel route signs, if applicable, as per Manual of
Uniform Traffic Control Devices standards, at all exit points of the Property which can be clearly seen by
drivers leaving the facility and which clearly depict County approved travel routes.
6.0 No Deviation from Permitted Haul Routes, Except as authorized by the Weld County Board of
County Commissioners or the Director of the Department of Weld County Public Works, pursuant to this
Agreement, no use of any roads other than those specifically authorized for use in this Agreement is
permitted without the prior written amendment of this Agreement.
B. jtlaistenaaae Requirements
1.0 Off -site recurring maintenance, if applicable, and as required by the Departments of Public Works
and Oil and Gas Energy, shall only be performed by a County approved contractor and have a county Right
of Way permit for that specific location:
2.0 Dust Control. Operator shall be financially responsible for maintaining dust control on unpaved
designated hauUtravel routes during any period of construction, heavy truck traffic, and/or high -volume trip
generation. The amount and extent of dust control will be coordinated with Public Works Gravel Roads
Division by site -specific conditions at the time. Operator shall use a County -pm -approved contractor for
chemical applications. Chemical treatment of unpaved roads along the mlevant haul/travel route(s) is
expected to occur approximately two to five times per year, or as required by Public Works. If traffic
associated with this use exceeds 200 vehicles per day, per Weld County Code Section 8-6-100, the Operator
shall be responsible for dust abatement. On the basis of damage or complaints, as determined by the County,
the Operator shall cause to be performed within two days of notification, at its sole expense, chemical dust
control, or other treatment, by a contractor approved by Weld County Public Works. Should the traffic
related to 1041 WOGLAI9-0010 deteriorate the chemical application performed by the County, the
Operator will be responsible for re -applying chemical to return the road to pre -construction condition.
Depending on the amount of maintenance, as related to traffic associated with this use, the Department of
Public Works may require an alternative treatment method which may or may not include: topical chemical
application, fill -depth chemical application, recycled asphalt or other surface treatment.
Enerplus Resources (USA)Corporation - 1041 WOGLA19-0010 - RMAl9-0037
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3.0 lea!, 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,
instaling 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 !teed for Immediate Repairs: In the event of damage to a designated haultravel route by project
traffi 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 su;h 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
comnease 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 a)f€tSite Improvement/Repair Costs, County shall notify Operator in writing that the Off -Site
lmprrvements/Repairs shall be undertaken and shall provide an alternate haul route for the duration of those
repais. In County's sole discretion, County may undertake the repairs and/or improvements. Operator's
payments for its Proportionate Sham 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 Calcaletion of Operator's Proportional Share of Costs, The County shall notify Operator of
County% 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
detemination and assessment, County shall provide Operator with a reasonable opportunity to review,
commas upon and supplement County's data, collection methodology, and determinations. The County
shall renew and consider Operator's input prior to making a final determination and assessment. The
County shall have sole responsibility for determination of Operator's proportional share of costs. Operator
agrees b pay such proportional share of costs within 30 days of receiving an invoice from County.
7.0 Annual Road Inspectiog. County may conduct a road inspection annually with the cooperation of
Opesatar for the haul routes designated in this Agreement. Asa result of the annual inspection, County, in
its role discretion, shall determine actual conditions and shall further determine what road
repay/improvement/maintenance work is to be performed during that construction season. Notification to
the Operator of the required roadway repairs will be given as soon as the data become available.
8.0 tjotriegon. The County shall notify Operator of County's preliminary determination and
assessment of Operator's proportionate share of costs of maintenance, repair, or improvements to
Ope-ale's designated haul/travel routes. Prior to County's final determination and assessment, County
shat 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
prio- tomaking a final determination and assessment.
PANT I: GENERAL PRQVIS5ONS
Enerplus Resources (USA)Corporation -1o4t WOGLAI9-0010 - RMA19-0037
Page 3 of 7
A. : The Operator is required to apply for and receive all permits required by the County or
any other applicable local, State, or federal permit, including but not limited to:
1.0 Access Permits. Operator shall not use any access onto any County road unless and until an access
permit has been issued by the Department of Public Works. Public Works may condition the issuance of an
updated access permit on the amendment of this Agreement if the updated access permit authorizes the use
of an additional access point, or if there is a change in use of the current access point, as permitted by Article
XIV of Chapter 8 of the Weld County Code.
2.0 Right -of -Way (ROW) Permits. Per Article XIII of Chapter 8 of the Weld County Code, any work
occurring within County ROW requires a ROW permit issued by the Department of Public Works. No work
shall occur without said ROW permit.
3.0 Transport Permits. Per Article XV of Chapter 8 of the Weld County Code, a Weld County
Transport Permit is required for Extra -legal vehicles using Weld County roadways to ensure the operation
and movement of Extra -legal Vehicles and Loads occurs in a safe and efficient manner.
B. Enforcement and Remedies;
1.0 Violation of Terns 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 ltd . In the event that County determines that Operator has violated
the terns 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 tbat no such civil action
or order shall be necessary to access collateral for the purpose of completing improvements as
described above.
2.2 Revocation of 1041 WOGLA Permit. Operator acknowledges that failure to comply with
the terms of this Agreement constitutes cause to revoke the 1041 WOGLA, and County may
exercise this option in its sole discretion by proceeding with revocation under the current provisions
of the Weld County Code.
3.0 Termination of Agreement. This Agreement shall terminate upon the earliest of the following
events_
3.1 failure to Commence. County may terminate this Agreement upon or after rescission of
the underlying 1041 WOGLA permit approval under Weld County Code Chapter 21. However,
County may still exercise all necessary activities under this Agreement that the County determines
necessary to protect the health, safety, and welfare of the residents of Weld County.
3.2 Cessation of all Permit Related Activities. Termination of this Agreement shall occur upon
Operator's complete cessation of all activities permitted by the 1041 WOGLA, including any clean
up or restoration required. A partial cessation of activities shall not constitute a Termination of this
Enerplus Resources (USA)Corporation -1041 WOGLAI9-0010 - RMA19-0037
Page 4 of 7
Agreement, nor shall County's issuance of a partial release/vacation constitute a Termination.
Unless informed in writing by the Operator of cessation of activities, and verified by the County,
cessation shall only be presumed if the County determines that the site has been inactive for three
(t) years.
33 Foecutioa of Replac emgltt 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
ace 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
■evocation of Operator's WOGLA, except that the Operator shall only be released from this
Agreement after the successful completion of any/all reclamation required under this Agreement.
C. General Previulsusi
1.0 ≥s,sat s 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
unenf'orseable by a court of competent jurisdiction, this Agreement shall be construed and enforced without
suchpraavision, to the extent that this Agreement is then capable of execution within the original intent of
the panes.
3.0 Governmental Immunity. No tern 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 §§2410-101 et seq., as applicable now or hereafter amended.
4.0 1` to Third -Party Beneftcia y, 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
resewei 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 A ement/Modifiications: This Agreement including the Exhibits attached hereto and
incosgmted 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.
Enerplus Resources (USA)Corporation - 1041 WOGLAi9-0010 - RMAI9-0037
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6.0 ward 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 Clloice 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.
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11.0 Authority to Sign. Each person signing this Agreement represents and warrants that he or she is
duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and
warrants to the other that the execution and delivery of the Agreement and the performance of such party's
obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement
binding on such party and enforceable in accordance with its terms. If requested by the County, Operator
shall provide the County with proof of Operator's authority to enter into this Agreement within five (5)
days of receiving such request.
12.0 Acknowledgment. County and Operator acknowledge that each has read this Agreement,
understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the
attached or incorporated Exhibits, is the complete and exclusive statement of agreement between the parties
and supersedes all proposals or prior agreements, oral or written, and any other communications between
the parties relating to the subject matter of this Agreement.
13.0 Notwithstanding any other provision contained in this Agreement, for any conflict or potential
conflict between any term in this Agreement and the Resolution of the Board of County Commissioners
approving the underlying land use permit, the provisions of the Board's Resolution shall control. In the
pnerplus Resources (USA)Corporation - 1041 WOGLAI9.0010 - RMA19-0037
Page 6 of 7
evert d 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.
OPERAT
By.
Resources (USA) Corporation
Date: I I`► 1 I 1
Name: to a v1C 1"Ifm el
Title ! k rr d't- a- t -)-4.10 r`1
STATEOF COLORADO
Couaty-of Weld
ss.
The foregoing instrument was acknowledged before me thislihday of 4401141119#'.1,
201 r�' , by Sh(lle• i-��'iV1Y1/1
WItNiSS my hand and official seal.
Public
WELDXOUNTY:
AT[Eff:
Weld
BY:
BOARD OF COUNTY OMMISSIONERS
COUNTY, a 'RADO
Duty C . .:: , : ;;J` ; �! �. �� Itirkmeyer,
4551112 Poses s 7 of d
Ell EAPDINNCII4lei llib itiOlh ill I III
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WELD COUNTY, COLORADO
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4556162 Pages: 8 of 8
01/07/2020 02:08 PM R Fee:$0,00
Carly Koppos, Clerk and Reoordor Weld County, CO
�IIIhV�.rNNU�l61S�lih�khGlkSl'dS�W{IBi�l4WY4,J 11111
Contract -c.rm
New Contract Bequest
Entity Information
Entity Name' Entity ID'
ENERPLUS RESOURCES (USA) @00040763
CORPORATIOE
Contract Name'
ROAD MAINTEN. E2/ AGREEMENT 1041 WOGLA19-0010 3314
❑ New Entity?
Contract ID Parent Contract ID
Contract Status
CTB REVIEW
Contract Lead' Requires Board Approval
TJUANICORENA YES
Contract Lead Email Department Project #
tjuanicorena@co weld co us
Contract °est-rupture'
ROAD MAINTENWIC AGREEMENT 1041WOGLA19-0010 NO COLLATERAL REQUIRED
Contract Description 2
Contract Type'
AGREEMENT
Department
PUBLIC WORKS
Amount. Department Email
00.00 CM-
Public4Forks a@weldgov corn
Department Head Email
CM-PublicWorks-
DeptHead@weldgov.coin
Renewable'
NO
Automatic Renewal
Grant
IGA
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WELD
GOV.COM
if this is a renewal enter previous Contract ID
If this is part of a PIMA enter MSA Contract ID
Requested BOCC Agenda
Date'
12)2312019
Due Date
12'1912019
Willa work session with BOCC be required?"
NO
Does Contract require Purchasing Dept. to be included?
NO
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
1230/2020
Termination Aotee Period Committed Delivery Date Expiration Date'
12'2912021
Contact Information
Contact Info
Contact Name Contact Type Contact Email
Purchasing
Purchasing Approver
CONSENT
Approval Process
Department Head Finance Approver
JAY MCDONALD CONSENT
Contact Phone 1 Contact Phone 2
Purchasing Approved Date
12,13/2019
Legal Counsel
CONSENT
DH Approved Date Finance Approved Date Legal Counsel Approved Date
12/13/2019 12113/2019
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
Originator
TJUANICORENA
Tyler Ref.
HLD4ORIG
1213/2019
Submit
"4553609 Pages: 1 of 6
12/27/2O19 12:56 PM R Fee:$0.00
Carly Kappas, Clerk and Recorder, Weld County, CO
VIII I ��I ILPICIiwilqi NtififfEstrLI14Wi li 1111
ecx.
BEFORE THE WELD COUNTY 1041 WOGLA HEARING OFFICER F/1
cc 04%0
04
Docket Number 1041WOGLA19-0010�Y�rI
OFj„
1041 WOGLA Hearing Officer Dave Kulmann heard this matter on December 5, 2019, at the Weld
County Oil & Gas Energy Hearing Room, 1301 N 17th Ave, Greeley, CO 80631 upon application for
a 1041 WOGLA Permit located in the NW1/4NW1/4 of Section 12, Township 7 North, Range 67
West, 6th P.M., Weld County, Colorado. Present for the hearing were Dwight Mallory, Permit and
Enforcement Specialist, Weld County; Stephanie Frederick, Oil & Gas Technician; Weld County;
Bruce Barker, County Attorney, Weld County; and Jacob Everhart, Regulatory Compliance
Coordinator, Enerplus Resources (USA) Corporation. Having heard the testimony presented and
considering documents submitted for review, including the application, the Hearing Officer
makes the following Findings of Fact and Order:
Findings of Fact and Law
The Hearing Officer makes the followingfindings of fact:.
1. Enerplus Resources (USA) Corporation ("Enerplus" or "Applicant") as applicant for the
above referenced Docket delivered its 1041 WOGLA Permit Application ("Application" or
"Permit") dated September 30, 2019 to the Weld County Oil & Gas Energy Director
("Director" or "Staff').
2. Upon review 'dithe Application, Staff found the application to be complete and forwarded
the application to the Hearing Officer for the purpose of scheduling a hearing pursuant to
the Weld County 1041 Regulations ("WCC" or "Code").
3. At the scheduled Hearing on December 5, 2019 Staff gave testimony that the Application
was viewed as complete and further testified that the Application was found to be in.
compliance with the Code including the Development Standards within Sec 21-5-320 E.
and Division 4 of Article 5 ("Development Standards") of the Code. Staff further testified
that certain Conditions of Approval ("COA's") and Best Management Practices ("BMP's")
are outlined within the Staff Report and attached to the Application. Staff concluded their
testimony with a recommendation to the Hearing Officer that the Application should be
approved.
4. The Applicant gave testimony that they have reviewed and agreed to be bound to the
Development Standards within the Code; the COA's and BMP's within the Staff Report;
and the Development Standards and Conditions within the referral agency comments
received from Weld County Department of Public Works and Weld County Department
of Public Health and Environment. The Applicant provided a plat titled Islands Pad
Hearing Map which was admitted as evidence as Exhibit A and a plat titled 2019 DJ
.4553609 Pages: 2 of 6
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Carly Koppee, C1er* and Recorder, Weld County, CO
VIII I���A�I=��►�i�+'lull''�llk�Ii��i�i4�'I�t►��IfM4�'I:Ii�YIrVJ1 11 111
Competions Haul Routes which was admitted as evidence as Exhibit B. The Applicant
further testified their understanding that by granting approval of the Permit that the
Applicant would be subject to certain Rescission Procedures in Sec 21-5-370 of the Code
should at any time the Applicant is found to be out of compliance with the Permit.
5. Based on the facts stated in the Application, having received no applications for
intervention, and based on the testimony presented to the Hearing Officer at the
December 5, 2019 Hearing, the Hearing Officer finds that an order to approve the
Application should be entered.
ORDER
NOW, THEREORE, IT IS ORDERED, that Enerplus's 1041 WOGLA Permit heard under Docket
Number 11WM1OGLA19-0010 and located in the NW1/4NW1/4 of Section 12, Township 7 North,
Range 67 West, 6th P.M., Weld County, Colorado, is hereby approved. Enerplus is hereby bound
to the Development Standards within the Code; the COA's and BMP's within the Staff Report;
and the Development Standards and Conditions within the referral agency comments received
from the We?d County Department of Public Works and Weld County Department of Public
Health and Environment the contents of which can be located at https://accela-
aca.co.weld.co.us/citizenaccess/.
IT IS FURTHER ORDERED, that this Permit shall become effective upon recording in the records
of the Weld Cpunty Clerk and Recorder.
Weld County Oil & Gas Energy
By:
0
Dave laulmann, Hearing Officer
Dated: /9214//f
4553609 Pages: 3 of 6
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Carly Kopp., Clerk and Recorder, Weld County, CO
tomoviiiehoromv;mrenam lidy 11111
1041 WOGLA Permit
STAFF REPORT
Record Number 1041WOGLA19-0010
Staff Specialist: Dwight Mallory
Location Name: Island Pad
Parcel Number(s): 070512100016
Company/Applicant: Enerplus Resources (USA) Corporation
Representative: Jacob Everhart
Legal Description: NW1/4NW1/4 of Section 12, Township 7 North, Range 67 West of the 6th P.M.,
Weld County, Colorado
Proposed Use: Construct new single well Oil & Gas Location with associated production
facilities
Hearing Date: December 5, 2019
SUMMARY
The criteria for submission of the 1041 WOGLA Application is outlined in Section 21-5-320 of the Weld County Code.
The Staff of the Weld County Oil and Gas Energy Department (OGED) has completed their review of the Application
and recommends that 1041WOGLA19-0010 be APPROVED for the following reasons:
1. The submitted Application complies with the requirements of Section 21-5-320 of the Weld County
Code.
2. During the Application review, OGED Staff requested comment from various referral agencies
pursuant to Sec. 21-5-330.A of the Weld County Code. Comments received from referral agencies
have been made part of the Application record and are viewable through the E -Permit Center on
the Weld County website. Where appropriate, Conditions of Approval have been established based
on referral agency comments. Referral agencies for 1041WOGLA19-0010 included:
a. Weld County Department of Public Health and Environment (EH): Referral was sent
10/10/2019. Response with comments was received 10/25/2019. One Condition of Approval
based on comments from EH is included in this Staff report.
b. Colorado Department of Public Health & Environment: Referral was sent 10/10/2019. Response
with comments was received 10/25/2019.
c. Windsor/Severance Fire Protection District: Referral was sent 10/10/2019. Response with
comments was received 11/05/2019.
d. Weld County Office of Emergency Management: Referral was sent 10/10/2019. Response with
an approved EAP and TRP was received 11/06/2019.
e. Colorado Oil and Gas Conservation Commission: Referral was sent 10/10/2019. Response with
comments was received after the end of the referral and comment period, on 11/15/2019.
f. School District RE -4: Referral was sent 10/10/2019. Response without comments was received
10/30/2019.
g_ Weld County Department of Public Works (PW): PW approved the access permit and Road
Maintenance Agreement (RMA) for the referral sent 10/10/2019. However, a preliminary
drainage report has not been submitted for the site and Public Works has not provided
complete comments at this time. Conditions of Approval, requiring approval of the preliminary
drainage report and recording of the RMA prior to recording of the 1041 WOGLA Permit are
included in this Staff Report to address the drainage requirements.
h_ No response was received from Colorado Parks and Wildlife for the referral sent 10/10/2019.
3. Pursuant to Sec. 21-5-330 of the Weld County Code, notice of the 1041 WOGLA Hearing was
published in the Greeley Tribune on October 18, 2019. Notice of the 1041 WOGLA Hearing was also
moiled to the Surface Owner of the property where the Oil and Gas Location is sited. The notice
iriormed the reader of the opportunity to apply for intervention in the hearing, as provided in
Section 21-5-340 A.1 of the Code. The OGED did not receive any Applications for Intervention
regarding this 1041 WOGLA Application.
4. There are no Schools, School Facilities or Building Units located within one -thousand three -hundred
twenty (1,320) feet of the proposed Oil and Gas Location.
5. The Applicant certifies that they have a Surface Use Agreement (SUA) with the Surface Owner of
Jr property where the Oil and Gas Location is sited.
6. In the opinion of OGED Staff, the Applicant has demonstrated compliance with the Development
Standards outlined in Chapter 21, Article 5, Division 4 of the Weld County Code and has committed
to8est Management Practices (BMPs), outlined in the Application, that are protective of the health,
safety, security and general welfare of the present and future residents of Weld County while
protecting both the environment and wildlife.
The OGED Staff re_ommendation for approval is conditioned upon the Applicant's continued compliance with the
Development S'andards in Chapter 21, Article 5, Division 4 and other applicable sections of the Weld County Code.
The recommendation is also conditioned on the Applicant's compliance with the BMPs identified in the application,
the conditions enctstandards identified by referral agencies and applicable state and federal requirements.
Additionally, the fallowing specific Conditions of Approval shall apply:
1. Prnr to recording of the 1041 WOGLA Hearing Order by the Weld County Clerk and Recorder
a. The applicant shall provide the Weld County Department of Public Works corrected and/or
additional information as needed to ensure Code compliance in reference to the Preliminary
Drainage Report.
b. The Road Maintenance Agreement, RMA19-0037, shall be signed by the Weld County Board of
Commissioners and placed of record with the Weld County Clerk and Recorder.
2. Prbr to Construction
a. A Final Drainage Report stamped and signed by a Professional Engineer registered in the State
of Colorado shall be submitted to the Weld County Department of Public Works.
b. A grading permit issued by the Weld County Department of Public Works shall be required.
3. Prior to Drilling
a. Applicant must provide initial baseline groundwater sampling data, or information related to
how the site is exempt from the COGCC Rule 609, to the Weld County Department of Public
Health and Environment.
4. After Construction
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Carly Kopper, Clerr asd Recorder, Weld County, Co
Ili V fti U III
a. Upon completion of construction operations Applicant shall provide to the OGED a GIS map
showing the off -location Flowlines. This digital file should be sent to OGED@weldgov.com.
This recommendation is based upon the review of the Application materials submitted by the Applicant and other
relevant information, including provided by referral agencies.
4553609 Pages: 5 of 6
12/27/2019 12:56 PM R Fee:$e.gg
Carly KoPpes, Clerk and Recorder, Weld County, CO
■IIIrdnitfl +elffil tip►klL'CAl6WidlliiYrLii Bill
4553609 Pages: 6 of 6
12/27/2019 12:58 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
Fa t IVIWW pleiNh Willi 41U iA
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1 GILLIGAN 7-67-12
2. OWRMEAD UTRUTIES ARE 1214' N.:249' N.:542' W
3. WELD COUNTY ROAD 84 IS:312' N
4. WELD COUNTY ROAD 23 IS ±505' W
5 ABOVE GROUND UTILITY IS ±440' NW
6. PLUGGED 8 ABANDONED WELL (API: 05-123-11263) IS x407' SE
7. WATER WELL (PERMIT: 302572) IS t321' W
IEGENU:
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I a ABOVE GROUND UTILITY
DATA SOURCE'
AERIAL IMAGERY; NAP 2017
WATER WELLS COLORADO 71NR
NHD USOW
PUBLICLY AVAILABLE DATA SOURCES HAVE NOT
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= PROPOSED WELL
PLUGGED & ABANDONED WELL
* WATER WELL
ISLAND PAD
WOGLA LOCATION DRAWING
' 4
8 PRIVATE ROADS ARE t918' SW. t1032' SW, :608' NW
9 PIERCE LATERAL CANAL IS :1017' SW
10. WETLAND IS 31042' SW
11. BUILDING IS t11S7' SW
EXISTING ROAD
• , i PROPOSED ACCESS ROAD
--OHU— a OVERHEAD UTILITY LINE
WETLAND
PROPOSED DISTURBANCE AREA
= 1000' RADIUS
j.) • PROPOSED FACILITY
j . PROPOSED MLVT
. BUILDING
DISCLAIMER
THIS KO! Otln ROT REPRESENT A YONUMENITtO LAND SURVEY AID 5MOULD mar DC
REUEOUIOMTOOVIR*IMtaOURDARYLott / noo€
INTEIIEST3 MRCLLMMIS S OEPCItDM4MOT SEER MELDVEROMOMOMks RS WED
JR* PURR'LY AVALAStE DATA THAT *410M S MOT WA INDEPENDENTLY VERIFIED
9URFACE WAOVLMII(TIIEIEMONOTf1E SOOCOOCC SUM. MAY NOT BE SURVEY GRADE
SAID IMPROVEMENTS MAY HAVE SEEN L•JL:AlED USING PUBLIC Y AVAILABLE SOURCES
FIELD DATE
04-18-19
ORAWIN6 DATE
06-20-19
AY. CHECKED
G DNS
SITE NAME
ISLAND PAD
Y
DISTURBANCE ACREAGE:
8.6 ACRES DRILLING OPERATIONS
43 ACRES INTERIM RECLAIM
CURRENT SURFACE USE: DRY LAND CROP
FUTURE SURFACE USE DRYL AND CROP
SURFACE LOCH' "ON
NW 1/4 NW 1/4 SEC. 12, T7N, R67W, 6TH P.M.
WELD COUNTY, COLORADO
REFERENCE LOCATION
"GILLIGAN 7.87-17"
LAT: 40 595051" N
LONG: 104.848881' W
ELEVATION: 5090'
328' FNL & 514' FWD,
POOP: 1.9
CPS OPERATOR DOMINICK DAVIS
PREPARED FOR
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