HomeMy WebLinkAbout20232592.tiffBOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: BOCC Agenda Item - Approve Improvements and Road Maintenance Agreement for:
Calvary Farms, LLC c/o Bayswater Exploration and Production, LLC — USR22-0026
DEPARTMENT: Planning Services DATE: August 15, 2023
PERSON REQUESTING: Jazmyn Trujillo -Martinez
Brief description of the problem/issue:
The Department of Planning Services received a request from the applicant, Calvary Farms, LLC c/o Bayswater
Exploration and Production, LLC, requesting that the Board of County Commissioners consider approving the
Improvements and Road Maintenance Agreement for (USR22-0026). No collateral is required with this agreement.
Weld County Planning Services, Public Works, 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 "improvements & Road Maintenance Agreement According To Policy
Regarding Collateral For Improvements", are found to be acceptable.
• This Agreement complies with the terms of the Use by Special Review Permit Resolution, as signed by the
Board of County Commissioners.
What options exist for the Board?
1. Have this BOCC Hearing item be placed on the next available agenda as part of the Consent Agenda.
2. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda.
3. Have this BOCC Hearing item not placed on neither the next available agenda as part of the Consent nor Regular
Agenda.
Consequences:
• New development can pay their way for their impacts, or the County will be required to cover the costs of
the new development's impacts.
Impacts:
• New development with high traffic volumes impacts the road systems and causes wear more quickly.
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years):
• New development will pay their proportional share of repairs and upgrades completed by the County and
the County will not be required to have a share in any upgrades required if new development meet any
future traffic triggers.
Recommendation:
Option 1. The Departments of Planning Services, Public Works, and the County Attorney's Office are recommending
approval of the Improvements & Road Maintenance Agreement According To Policy Regarding Collateral For
Improvements for USR22-0026, and that this item be placed on the next regularly scheduled BOCC Hearing, as part of
the Consent Agenda.
Support Recommendation Schedule
Place on BOCC Agenda Work Session Other/Comments:
Perry L. Buck, Pro-Tem
Mike Freeman, Chair
Scott K. James
Kevin D. Ross
Lori Saine
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2023-2592
IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
Calvary Farms, LLC c/o Bayswater Exploration and Production, LLC — USR22-0026
THIS AGREEMENT is made this I9 day of A4 eyvt4 , 202 3 , by and between Calvary
Farms, LLC, 134 Oak Avenue, Eaton, Colorado 80615 c/o Bayswater Exploration and Production, LLC,
8620 Wolff Court, Westminster, Colorado 80031, a limited liability company organized under the laws of
the State of Colorado, 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 "O" Street, Greeley, Colorado 80631
hereinafter referred to as "County."
WITNES SETH:
WHEREAS, Property Owner is the owner of the following described property in the County of
Weld, Colorado:
Part of the SE1/4 NE1/4, Section 19, Township 7 North,
Range 65 West of the 6th P.M., as further described in the
Special Warranty Deed recorded at Reception #4869419,
Weld County, Colorado
hereinafter referred to as "the Property," and
WHEREAS, Property Owner has received Board of County Commissioner approval of
USR22-0026, and
WHEREAS, Property Owner acknowledges that the final approval of USR22-0026 is conditional
upon Property Owner's understanding of the off -site improvements and road maintenance described in this
Agreement and depicted in the following incorporated exhibits:
Exhibit A — Future Off -Site Costs of Construction, to be attached if/when triggered pursuant to Part I, B.,
below
Exhibit B — Future Off -Site Construction Schedule, to be attached if/when triggered pursuant to Part I, B.,
below
Exhibit C — Construction Plans, to be attached if/when triggered pursuant to Part I, A., below
Exhibit D — Plat Map (recorded simultaneously with this Agreement), and
WHEREAS, Property Owner acknowledges that pursuant to the provisions of Weld County Code
Sec. 23-2-290, the failure to commence construction of the improvements outlined herein within three (3)
years of the approval of USR22-0026 may result in the revocation or suspension of USR22-0026, upon
consideration and order of the Board of County Commissioners, and
WHEREAS, the parties agree that the Property Owner shall provide collateral for off -site
improvements as required by this Agreement if/when improvements are triggered.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants
contained herein, the parties hereto promise, covenant, and agree as follows:
Calvary Farms, LLC c/o Bayswater Exploration and Production, LLC — USR22-0026 — IA23-0003 G�
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PART I: SITE SPECIFIC PROVISIONS
A. Off -Site Improvements (as required by the BOCC): The Property Owner shall be responsible
for the construction of certain off -site safety improvements as identified in the USR hearing Resolution,
which may include, but are not limited to: construction of adequate turning radii of sixty-five (65) feet at
the main entrances and exits which extend into County road Rights -of -Way (ROW) connecting to the
County road system, and off -site drainage and signage installations, as indicated on the accepted Exhibit
D and future Exhibit C, as required. On -Site improvements that create more run-off than the historical
amount may require off -site drainage improvements to roads and ROW. Any approved access point(s)
improvements will include standard County approved tracking control and may include a double cattle
guard set (one right after the other), placed back-to-back across the entire width of the access, to ensure a
complete revolution of the truck tires in order minimize the tracking of mud and debris onto the adjacent
County Road.
B. Future Off -Site Improvements:
1.0 Traffic Triggers. When the traffic associated with the Use by Special Review Permit reaches certain
safety thresholds as set forth in this agreement, the Property Owner shall design, and construct required
road improvements based on the amount of traffic being generated by the site. The Property Owner's
development does not currently meet the traffic safety triggers requiring the improvements specified below;
however, off -site, or phased improvements may be warranted in the future.
1.1 Property Owner shall be required to design, obtain right-of-way, relocate utilities, and
construct said auxiliary lanes into their site if/when all traffic to/from the Property meets the
following traffic triggers:
Property Owner shall design and construct a left deceleration/turn lane on CR 39
whenever traffic exceeds 10 vehicles per hour (VPH) turning left into the Property
for an average daily peak hour.
Property Owner shall design and construct a right deceleration/turn lane on CR 39
whenever traffic exceeds 25 VPH turning right into the Property for an average
daily peak hour.
Property Owner shall design and construct a right acceleration lane on CR 39
whenever traffic exceeds 50 VPH turning right out of the Property for an average
daily peak hour.
Property Owner shall design and construct a left acceleration lane on CR 39
whenever such a lane would be a benefit to the safety and operation of the roadway.
The County, in its sole discretion, shall determine if a left acceleration lane is
required.
2.0 Traffic Management Plan. Property Owner shall be responsible for developing and implementing
a traffic control plan advising the traveling public of heavy truck turning traffic when the average weekday
generated traffic exceeds 40 vehicle -trips as advised by the submitted 2023 Traffic Impact Study. Property
Owner shall apply for and receive a Weld County Right -of -Way Permit prior to the implementation of the
traffic management plan.
2.1 Property Owner shall be responsible for tracking the number of trucks entering and exiting
the site and providing this information to the County monthly. Truck tracking can be provided in
the form of truck tickets or a monthly truck report.
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3.0 Traffic Impact Study. Property Owner shall submit an updated Traffic Impact Study prior to 2025
as the current traffic impact study does not project traffic beyond 2025. An updated Traffic Impact Study
will be required as necessary to project future traffic numbers for the life of the USR. Immediate and/or
triggered improvements may be necessary when updated Traffic Impact Studies are reviewed and accepted
by the County.
4.0 Property Owner's Responsibilities regarding Future Triggers. Property Owner is solely responsible
for the cost and construction of required improvements. These responsibilities may include but are not
limited to the following, as applicable: design, surveys, utility locates, acquisition of ROW, dedication of
ROW, ROW and Access Permits and fees, coordination with oil and gas operators and facilities and affected
irrigation facilities and utilities, traffic control, and project safety during construction. Property Owner shall
obey all applicable regulations issued by OSHA, CDOT, CDPHE, and other federal, State, or County
regulatory agencies.
5.0 Cost of Construction Exhibit. When any trigger is met, the Property Owner shall submit Exhibit A
within six (6) months of being notified regarding the need for the triggered improvements, indicating the
cost of construction estimates (engineer's estimate) to detail the costs used in determining the collateral
requirement for the development. Construction costs must be obtained through a registered Colorado
Engineer. A registered Colorado Engineer must sign and stamp the construction cost exhibit for sites that
have project collateral. New or additional collateral may be required for the triggered improvements. If
required, collateral shall be submitted at the same time as Exhibit A. Exhibit A shall be attached to this
Agreement and incorporated herein once approved by the County.
6.0 Construction Schedule Exhibit. When any trigger is met, the Property Owner shall submit
Exhibit B within six (6) months of being notified regarding the need for the triggered improvements,
indicating the construction schedule, and including completion date for the improvements. Property owner
shall not commence construction of improvements prior to approval of the Construction Plans and receipt
of the appropriate Grading Permit, Access Permit, and/or ROW Permit. Property Owner shall complete all
improvements in accordance with the construction schedule exhibit. The construction of the triggered
improvements shall be completed within the specified timeframe, which may not exceed three (3) years
from the date the trigger is first met and shall be completed as follows: Year 1 design deadline; Year 2
ROW/Utilities; Year 3 Construction. Property Owner shall collateralize 100% of the cost of the
construction improvements, including design, right-of-way, and utility relocation cost within six months of
being notified of meeting the triggers. Exhibit B shall be attached to this Agreement and incorporated herein
once approved by the County.
7.0 Collateral. Collateral for any additional improvements required by the triggers may be required by
the Board of County Commissioners, hereinafter referred to as the BOCC. Collateral is accepted and
released by the BOCC pursuant to the Weld County Code. Additional information about collateral is
outlined in Part II.B of this Agreement.
8.0 As -Built Plans. "As -built" plans shall be submitted at the time the letter requesting release of
collateral is submitted or once the Property Owner has completed improvements as described in Part II.B,
Subsection 3.2.3, of this Agreement. Property Owner shall also provide an electronic copy of the as -built
drawings. The as -built drawings shall be stamped, signed, and dated by a licensed and registered
Professional Land Surveyor or Professional Engineer.
C. Haul Routes: The Property Owner shall be financially responsible for its proportional share of the
associated costs for maintaining and/or improving designated haul/travel routes.
1.0 Haul Routes. The following roads are designated as haul/travel routes for the Property:
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1) North and south on CR 39 between approved site access and State Highway 14.
2.0 Haul trucks shall enter and exit the site at the approved access(es) on CR 39 and remain on paved
roadways for further dispersal. Any County roads used by USR22-0026 traffic 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), the Weld County Department of
Planning Services 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, or requests for one (1) or more deviations within a twelve (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 BOCC 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.
D. 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. Within ninety (90) days of its receipt of County's notice of the
need to undertake the road maintenance repairs and/or improvements, Property Owner shall submit Off -Site
Calvary Farms, LLC c/o Bayswater Exploration and Production, LLC — USR22-0026 — IA23-0003
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Construction Plans and Cost Estimates to County for review. Property Owner shall have sole responsibility
for the completion of the repairs and/or improvements on or before December 15, of the year following
County's notice of the need for repairs.
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
calculated as determined in this Agreement. Property Owner will be invoiced accordingly for those
proportional share costs.
5.0 Calculation of Property Owner's Proportional Share of Costs. The County shall notify Property
Owner of County's preliminary determination and assessment of Property Owner's proportional 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. The County shall have sole responsibility for determination of Property
Owner's proportional share of costs. Property Owner agrees to pay such proportional share of costs within
30 days of receiving an invoice from County.
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
becomes 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 II: GENERAL PROVISIONS
A. Enaineerinu and Construction Requirements:
1.0 Engineering Services. Property Owner shall furnish to County, at its own expense, all engineering
services in connection with the design and construction of the off -site improvements and all on -site
drainage -related structures if required by any Municipal Separate Storm Sewer System (MS4) permit, as
identified on the accepted Construction Plans and according to the construction schedule set forth in the
construction schedule exhibits. The required engineering services shall be performed by a Professional
Engineer and Land Surveyor registered in the State of Colorado and shall conform to the standards and
criteria established by the County for public improvements. The required engineering services shall consist
of, but not be limited to surveys, designs, plans and profiles, estimates, construction supervision, and the
submission of necessary documents to the County.
2.0 Rights -of -Way and Easements. Before commencing the construction of any off -site improvements
herein agreed upon for public ROW or easements, Property Owner shall acquire, at its sole expense, good
and sufficient ROW and easements made necessary for the improvements. The County will not exercise
Calvary Farms, LLC c/o Bayswater Exploration and Production, LLC — USR22-0026 — IA23-0003
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eminent domain on behalf of Property Owner. All such ROW and easements for the construction of roads
to be accepted by the County shall be conveyed to the County on County -approved forms and the documents
of conveyance shall be furnished to the County for acceptance with express written authority of the BOCC
and recording.
3.0 Construction. Property Owner shall furnish and install, at its own expense, the improvements (and
any drainage -related structures required by any MS4 permit) identified on the accepted Exhibits and shall
be solely responsible for the costs listed on the cost of construction exhibits, with the improvements being
completed also in accordance with the schedule set forth in the construction schedule exhibits. The BOCC,
at its option, may grant an extension of the time of completion set forth in construction schedule exhibits
stated herein upon application by the Property Owner. Said construction shall be in strict conformance to
the plans and drawings accepted by the County and the specifications adopted by the County.
4.0 Testing• Property Owner shall employ, at its own expense, a qualified testing company previously
approved by the County to perform all testing of materials or construction; and shall furnish copies of test
results to the County. If County discovers inconsistencies in the testing results, Property Owner shall
employ at its expense a third -party qualified testing company approved by County. Such third party shall
furnish the certified results of all such testing to the County. At all times during said construction, the
County shall have the right to test and inspect material and work, or to require testing and inspection of
material and work at Property Owner's expense. Any material or work not conforming to the approved
plans and specifications, including but not limited to damages to property adjacent to the construction plan
area shall be repaired, removed, or replaced to the satisfaction of the County at the expense of Property
Owner.
5.0 Construction Standards. Design and construction of all off -site improvements shall conform to the
current version of CDOT's "Standard Specifications for Road and Bridge Construction" and the Weld
County Engineering and Construction Criteria.
6.0 Traffic Control. Prior to any construction in County and/or State ROW, and as a condition of
issuance of any ROW or Access Permit, the Property Owner shall submit a traffic control plan for County
review. During construction, appropriate safety signage shall be posted in accordance with the then -current
version of the Manual of Uniform Traffic Control Devices.
B. Collateral:
1.0 General Requirements for Collateral. Property Owner shall provide to County the necessary
collateral to guarantee all of Property Owner's obligations under this Agreement: (1) Project Collateral is
required for completion of off -site improvements, as described in this Agreement; (2) Warranty Collateral
is required for all off -site improvements during the two-year warranty period. Collateral acceptance and
release are governed by the Weld County Code.
1.1 Project Collateral shall be submitted to guarantee completion of off -site improvements
identified in the Exhibits. Project Collateral must be submitted in an amount equal to 100% of the
value of the improvements, as calculated in the cost of construction exhibits. Project Collateral
must be submitted at the time of execution of the Agreement, unless otherwise directed by the
Board of County Commissioners. In the event that Property Owner fails to adequately complete
the required improvements, County may, in its sole discretion, access Project Collateral for the
purpose of completing such improvements. It may be necessary to provide additional collateral in
the event the cost estimate is older than three (3) years. NO WORK SHALL COMMENCE UNTIL
PROJECT COLLATERAL HAS BEEN SUBMITTED AND ACCEPTED BY THE COUNTY.
Calvary Farms, LLC c/o Bayswater Exploration and Production, LLC — USR22-0026 — IA23-0003
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1.2 Warranty Collateral shall be submitted and held by the County until release after the two-
year warranty period following the County's initial approval of the improvements. Warranty
Collateral shall be in an amount equal to 15% of Project Collateral. In the event that Property Owner
fails to adequately complete or repair improvements during the warranty period, County may, in
its sole discretion, access Warranty Collateral for the purpose of completing such improvements.
2.0 Form of Collateral. Collateral may be in the form of a letter of credit, a surety bond, or a cash
deposit, subject to the requirements and restrictions of Section 2-3-30 of the Weld County Code, as that
section may be amended from time to time.
3.0 Release of Collateral. Collateral shall be released in accordance with Section 2-3-30 of the Weld
County Code. For collateral release, County personal conducts inspections for on -site and off -site
improvements.
3.1 Timing of Release. Project Collateral may be released upon completion of all
improvements required by the Exhibits after initial approval by the County. Warranty Collateral
shall be withheld by County at the time of release of Project Collateral or may be submitted
separately by Property Owner. Warranty Collateral may be released upon the approval of the
County at the end of the two-year warranty period.
3.2 Request for Release of Collateral. Prior to release of collateral by Weld County for the
entire project or for a portion of the project, the Property Owner must present a Statement of
Substantial Compliance from an Engineer registered in the State of Colorado. The Statement of
Substantial Compliance shall state that the project or a portion of the project has been completed
in substantial compliance with accepted plans and specifications documenting the following:
3.2.1 The Property Owner's Engineer or his representative has made regular on -site
inspections during the course of construction and the construction plans utilized
are the same as those accepted by Weld County.
3.2.2 For the improvements to public rights -of -way or easements, test results must be
submitted for all phases of this project as per Colorado Department of
Transportation (CDOT) Schedule for minimum materials sampling, testing and
inspections found in CDOT Materials Manual.
3.2.3 "As -built" plans shall be submitted at the time the letter requesting release of
collateral is submitted or at such time as the Property Owner has completed
improvements as shown on the Exhibit C and/or Exhibit D and shall be stamped
and approved by an Engineer registered in the State of Colorado, if an Engineer
was initially required for the project. The Property Owner's Engineer shall certify
that the project "as -built" is in substantial compliance with the plans and
specifications as approved, or that any material deviations have received prior
written acceptance from a Development Review Engineer.
3.3 County's Response to Request for Release of Collateral. Following a written request for
release of collateral, County personnel will inspect the improvements as provided in this
Agreement. Upon approval, the Board of County Commissioners may release said collateral.
C. Acceptance of Improvements:
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1.0 Acceptance of Off -Site Improvements: Upon completion of the off -site improvements, Property
Owner shall contact the Weld County Development Review and request an inspection of such
improvements. Upon request, County personnel will initiate the inspection, approval, and acceptance
process.
2.0 Inspection, Approval, and Acceptance Process:
2.1 Upon completion of construction of all off -site improvements as described in the
Construction Plans, Property Owner shall submit to the Weld County Department of Planning
Services a Statement of Substantial Compliance by Property Owner's Engineer along with "as -
built" drawings as required in subsection B.3.2.3, above, and shall request County inspection of the
Off -Site Improvements. County personnel shall then inspect the improvements. If the County
determines the improvements were not constructed in accordance with the Construction Plans, the
County shall direct the Property Owner to correct the deficiencies. If the County determines the
improvements were constructed in accordance with the Construction Plans, the County shall
initially approve the Off -Site Improvements.
2.2 Two -Year Warranty Period. Such initial approval begins the two-year warranty period.
Upon completion of the two-year warranty period, County Public personnel shall, upon request by
the Property Owner, inspect the subject improvements, and notify the Property Owner of any
deficiencies. If any deficiencies are discovered, the Property Owner shall correct the deficiencies.
County personnel shall re -inspect the improvements after notification from the Property Owner that
said deficiencies have been corrected. If the County personnel finds that the improvements are
constructed according to County standards, he or she shall approve the improvements. Such final
approval shall authorize the Property Owner to request the Board of County Commissioners to
release the Warranty Collateral.
2.3 Placement of Improvements into Service Prior to County Approval. If requested by the
Property Owner and agreed by the County, portions of the improvements may be placed in service
when completed according to the schedule shown on the construction schedule exhibit, but such
use and operation shall not alone constitute an approval or acceptance of said portions of the
improvements. County may, at its option, issue building permits for construction for which the
improvements detailed herein have been started but not completed according to the schedule shown
on the construction schedule exhibit and may continue to issue building permits so long as the
progress of work on the improvements is satisfactory to the County, and all terms of this Agreement
have been faithfully kept by Property Owner.
D. 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 Planning Services. Planning Services may condition
the issuance of an updated access permit on the amendment of this Agreement if the updated access permit
authorizes the use of an additional access point, or if there is a change in use of the current access point, as
permitted by Article XIV of Chapter 8 of the Weld County Code.
2.0 Right -of -Way (ROW) Permits. Per Article XIII of Chapter 8 of the Weld County Code, any work
occurring within County ROW requires a ROW permit issued by the Department of Public Works. No work
shall occur without said ROW permit.
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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.
E. 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 Access and Use of Collateral. County may access and use collateral to address the issues
specific to the violation. For example, the County may access and use Project Collateral in order to
complete improvements as required by the Construction Plans, when such improvements have not
been completed in accordance with the Construction Schedule.
2.2. 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.
2.3 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.
2.4 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
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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
complete such improvements.
F. General Provisions:
1.0 Successors and Assigns.
1.1 Property Owner 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, 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.
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 Amendment or Modification. Any amendments or modifications to this agreement shall be in
writing and signed by both parties.
5.0 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.
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.
Calvary Farms, LLC c/o Bayswater Exploration and Production, LLC — USR22-0026 — IA23-0003
Page 10 of 12
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
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.
Calvary Farms, LLC c/o Bayswater Exploration and Production, LLC — USR22-0026 - IA23-0003
Page llof12
ATTEST:
PROPERT O R: Ca ary Farms, LLC c/o Bayswater Exploration and Production, LLC
By: Date ig
Name: Ryas. it ,;v,tl
Title: c.:, PsiL,.fu-
STATE OF COLORADO
SS.
County of Weld
The foregoing instrument was acknowledged before me this
202y l Ci tsY1 1
WITNESS my hand and official seal.
CORELLA R. GREEN
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20094027768
MY COMMISSION EXPIRES 0812012025
day of
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY:
V.etrAtiti
C�
Weld Cou lerk to the Bo d WELD COUNTY, COLORADO
BY:
Deputy Clerk "he is oar
ike Freeman, Chair
SEP 0 6 2023
Calvary Farms, LLC c/o Bayswater Exploration and Production, LLC — USR22-0026 - IA23-0003
Page 12 of 12
c) 023 — O.2 5 qZ
ontract F
Entity Information
Entity Name *
BAYSWATER EXPLORATION &
PRODUCTION, LLC
Entity ID*
@00029612
Contract Name *
IMPROVEMENTS AND ROAD MAINTENANCE
AGREEMENT USR22-0026 CALVARY FARMS, LLC C/O
BAYSWAYER EXPLORATION AND PRODUCTION, LLC
Contract Status
CTB REVIEW
Q New Entity?
Contract ID
7347
Contract Lead
JTRUJILLOMARTINEZ
EZ
Contract Lead Email
jtrujillomartinez@weldgo
v.com
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description *
IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT USR22-0026 CALVARY FARMS, LLC C/O BAYSWAYER
EXPLORATION AND PRODUCTION, LLC NO COLLATERAL REQUIRED
Contract Description 2
Contract Type *
AGREEMENT
Amount*
$0.00
Renewable*
NO
Automatic Renewal
Grant
IGA
Department
PLANNING
Department Email
CM-
Planning@weldgov.com
Department Head Email
CM-Planning-
DeptHead@weldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WEL
DGOV.COM
Requested BOCC Agenda Due Date
Date* 08/26/2023
08/30/2023
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be
included?
NO
If this is a renewal enter previous Contract ID
If this is part of'a MSA enter MSA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts
are not in OnBase
Contract Dates
Effective Date
Termination Notice Period
Contact Information
Review Date*
08/30/2024
Committed Delivery Date
Renewal Date
Expiration Date*
08/30/2025
Contact Info
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head Finance Approver Legal Counsel
TOM PARKO JR. CHERYL PATTELLI BRUCE BARKER
DH Approved Date Finance Approved Date Legal Counsel Approved Date
08/24/2023 08/25/2023 08/31/2023
Final Approval
BOCC Approved Tyler Ref #
AG 090623
BOCC Signed Date
BOCC Agenda Date
09/06/2023
RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR22-0026, FOR OIL AND GAS SUPPORT AND SERVICE, INCLUDING
CLASS II OILFIELD WASTE DISPOSAL FACILITY - SALTWATER INJECTION
FACILITY AND RELATED TANKS AND ANCILLARY EQUIPMENT OUTSIDE OF
SUBDIVISIONS AND HISTORIC TOWNSITES IN THE A (AGRICULTURAL) ZONE
DISTRICT - CALVARY FARMS, LLC, C/O BAYSWATER EXPLORATION AND
PRODUCTION, 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 30th day of
November, 2022, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Calvary Farms, LLC, 134 Oak Avenue, Eaton, Colorado 80615,
c/o Bayswater Exploration and Production, LLC, 8620 Wolff Court, Westminster Colorado 80031,
for a Site Specific Development Plan and Use by Special Review Permit, USR22-0026, for Oil
and Gas Support and Service, including Class II Oilfield Waste Disposal Facility - Saltwater
Injection Facility and related tanks and ancillary equipment outside of subdivisions and historic
townsites in the A (Agricultural) Zone District, on the following described real estate, being more
particularly described as follows:
Part of the SE1/4 NE1/4, Section 19, Township 7
North, Range 65 West of the 6th P.M., as further
described in the Special Warranty Deed recorded at
Reception #4869419, Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Lauren Walsh and Ryan
Kaminky, Bayswater Exploration and Production, LLC, 730 17th Street, Suite 500, Denver,
Colorado 80202, 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
Secion 23-2-260 of the Weld County Code.
2. The applicant has demonstrated that the request is in conformance with
Secion 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.6.1 — The proposed use is consistent with Chapter 22
and any other applicable Code provisions or ordinance in effect.
CC:PI-CrP/NN/O), CA(1 0), APR- .,APPL.RFP.
of/16/23
2022-3146
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SPECIAL REVIEW PERMIT (USR22-0026) - CALVARY FARMS, LLC, CIO BAYSWATER
EXPLORATION AND PRODUCTION, LLC
PAGE 2
1) Section 22-2-30.A.2 states: "Limit the density and intensity of
development to maintain agricultural areas." The proposed facility
is located on lands considered to be the 'dry corner" of one (1) of
the Calvary Farms holcings without irrigation water and is currently
used for oil and gas development, grazing and pasturing. The
shorter -term decision is to create a 35 -acre parcel for all oil and gas
activities, leaving open options for continued agricultural activities
on the remaining 285 acres. The proposed metal skinned pump
house building to be constructed onsite is similar in size to other
agricultural buildings and structures in the area.
2) Section 22-2-40.A.1 states: "Identify target areas where the County
is able to encourage shovel -ready commercial and industrial
development." The proposed location for the Class II saltwater
injection wells will be located on an existing Weld Oil and Gas
Location Assessment ske, WOGLA18-0020. The proposed use and
equipment that will be onsite will not increase the disturbance area
of the WOGLA site, making this site a shovel -ready development.
3) Section 22-2-60.B states: "Support responsible energy and mineral
development." The proposed Class II saltwater injection facility is
located on an existing WOGLA18-0020 site. The existing site has
an Access Permit onto County Road 39, AP18-00098 Oil and Gas.
The existing access will be utilized for the proposed Class II
saltwater injection facility, therefore, not requiring additional
accesses. Conditions of Approval have been included to ensure
that proper tracking control and road maintenance is required.
County Road 39 is a paved road and is designated on the Weld
County Functional Classification Map as a local road. The proposal
for a Class -II saltwater injection well facility and associated
equipment are being permitted through the Colorado Oil and Gas
Conservation Commission (COGCC), prior to operation. Oil and
gas development in the County is an integral part of the County
economy and has a substantial direct and indirect impact on current
and future land use. Oi 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. Referrals were sent to the Weld County Department of
Public Health and Environment and Department of Planning
Services — Development Review for comment. The Weld County
Department of Public Health and Environment returned a referral,
dated October 10, 2022, outlining the Development Standards for a
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PAGE 3
safe operation of the facility. The Department of Planning Services
— Development Review returned a referral, dated October 3, 2022,
outlining Conditions of Approval to address the traveling public and
offsite impacts. Per the application materials, once the pipeline into
the facility is operational, the number of tanker trucks visiting the
facility will be greatly reduced. The proposed use is in an area that
can support this development and 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.
B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-10 — Intent, states: "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."
2) Section 23-3-40.V — Uses by Special Review, of the Weld County
Code allows for a "Oil And Gas Support And Service" facility in lots
outside of a subdivision and historic townsite in the A (Agricultural)
Zone District. This Code section allows the applicant to apply for
the Oil and Gas Support and Service, including Class II Oilfield
Waste Disposal Facility - Saltwater Injection Facility and related
tanks and ancillary equipment.
C. Section 23-2-220.B.3 — The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent lands consist of
irrigated agricultural lands, existing oil and gas production, and rural
residences. The closest residence is approximately 900 feet to the
northeast, with two (2) residences located to the south, both approximately
2,000 feet from the proposed site. The nature of the site will not change
from its current state and there will not be any additional traffic impacts after
construction of the site due to Bayswater Exploration and Production, LLC,
planning to pipe production water from new facilities to the new Calvary
SWD Facility. There are six (6) USRs within one (1) mile of the site. To the
north is a horse training and boarding facility permitted via USR-997, an
agricultural service establishment, via USR-1583, a feed lot, via
AMUSR-199, and a sugar beet storage facility, via USR-1020. To the south
is a church childcare and school, via USR-1429, a golf course, via
2022-3146
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SPECIAL REVIEW PERMIT (USR22-0026) - CALVARY FARMS, LLC, C/O BAYSWATER
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PAGE 4
USR-1241, and a water tank, via USR-574. The Weld County Department
of Planning Services sent notice to 12 surrounding property owners within
500 feet of the subject property. There were no emails or phone calls
received regarding the proposed application.
D. 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 Towns of Ault and Eaton. Neither town returned a referral. The 'site is
also located within the Town of Ault's Coordinated Planning Agreement
(CPA) area. The applicant submitted the signed Notice of Inquiry Form
(NOI) with the application. The NOI form, dated August 23, 2022, stated
the Town of Ault has no interest in annexation at this time.
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 any
recognized overlay districts, including the Geologic Hazard Overlay
District, the Special Flood Hazard Development Overlay area, the Airport
Overlay District, Historic Townsites Overlay District, 1-25 Overlay District,
Agricultural Heritage Overlay District, or Municipal Separate Storm Sewer
System (MS4) area. 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.
F. 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 Farmlands of National Importance, per the 1979 Soil
Conservation Service Important Farmlands of Weld County Map, shows
the proposed facility located on approximately seven (7) acres of Irrigated
Land (Prime). The proposed use is on an existing Weld Oil and Gas
Location Assessment site, WOGLA18-0020, and does not impact any
agricultural uses.
G. Section 23-2-230.8.7 — 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 Calvary Farms, LLC, c/o Bayswater Exploration and
Production, LLC, for a Site Specific Development Plan and Use by Special Review Permit,
USR22-0026, for Oil and Gas Support and Service, including Class II Oilfield Waste Disposal
Facility - Saltwater Injection Facility and related tanks and ancillary equipment outside of
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SPECIAL REVIEW PERMIT (USR22-0026) - CALVARY FARMS, LLC, C/O BAYSWATER
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PAGE 5
subdivisions and historic townsites 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. The facility shall submit a Groundwater Monitoring Plan, for review and
approval, to the Weld County Department of Public Health and
Environment.
B. The applicant shall submit design plans of the offload pad area, which
should incorporate a sub -sump monitoring point and synthetic liner, for
review and approval, to the Weld County Department of Public Health and
Environment.
C. A Decommissioning Plan shall be submitted to, and accepted by, the
Department of Planning Services.
D. A Communication Plan shall be submitted to, and accepted by, the
Department of Planning Services.
E. An Improvements and Road Maintenance Agreement is required for off -site
improvements at this location. Road maintenance includes, but is not
limited to, dust control and damage repair to specified haul routes. The
Agreement shall include provisions addressing engineering requirements,
submission of collateral, and testing and approval of completed
improvements.
F. A Final Traffic Impact Study, stamped and signed by a Professional
Engineer, registered in the State of Colorado, is required.
G. A Final Drainage Report and Certification of Compliance, stamped and
signed by a Professional Engineer, registered in the State of Colorado, is
required. This Report shall include an Acceptance of Developed
Stormwater Flows on Affected Lands, signed by the owner of the affected
lands.
H. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR22-0026.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
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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 on -site lighting in accordance with the
accepted Lighting Plan.
6) All signs shall be shown on the map and shall adhere to Chapter 23,
Article IV, Division 2, of the Weld County Code.
7) County Road 39 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.
8) County Road 78 is a gravel 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.
9) The applicant shall show and label the existing permitted access
location, approved access width and the appropriate turning radii
on the USR map.
10) 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.
11) 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.
12) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
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PAGE 7
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 Appendix 5-J of the Weld County Code, should the map not be
recorded within the specified timeline from the date of the Board of County
Commissioners Resolution, a $50.00 recording continuance fee shall be added for
each additional three (3) month period.
4. Prior to Construction:
A. The required 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 prior to the start of construction.
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. Submit evidence of
acceptance to the Department of Planning Services.
B. The applicant shall develop a new Hazard Assessment 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. Submit evidence of
acceptance to the Department of Planning Services.
6. The Use by Special Review Permit 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 plat 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
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The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 30th day of November, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WE ldr) COUNTY, COLORADO
ATTEST: dattA) p;,A.
Weld County Clerk to the Board
Deputy Clerk to the Board
County orney
Date of signature: of (03 /23
Scott K. James, Chair
i1r
2022-3146
PL2849
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
CALVARY FARMS, LLC,
C/O BAYSWATER EXPLORATION AND PRODUCTION, LLC
USR22-0026
1 Site Specific Development Plan and Use by Special Review Permit, USR22-0026, is for
Oil and Gas Support and Service, including Class II Oilfield Waste Disposal Facility -
Saltwater Injection Facility and related tanks and ancillary equipment outside of
subdivisions and historic townsites 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. The hours of operation are 24 hours a day, Monday — Sunday.
4. The number of facility employees is two (2), as stated in the application materials.
5. All signs shall adhere to Chapter 23, Article IV, Division 2, of the Weld County Code.
6. The property owner shall maintain compliance with the Decommission Plan and the
Communication Plan.
7. Lighting shall be maintained in accordance with the approved Lighting Plan.
8. The property owner or operator shall provide written evidence of an approved Emergency
Action and Safety Plan, on or before March 15th 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.
9. 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.
12. Any work that may occupy and/or encroach upon any County rights -of -way or easement
shall require an approved Right -of -Way Use Permit, prior to commencement.
13. The property owner shall comply with all requirements provided in the executed
Improvements and Road Maintenance Agreement.
14. The Improvements and Road Maintenance Agreement for this site may be reviewed on
an annual basis, including a site visit and possible updates.
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DEVELOPMENT STANDARDS (USR22-0026) - CALVARY FARMS, LLC, C/O BAYSWATER
EXPLORATION AND PRODUCTION, LLC
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15. Weld County is not responsible for the maintenance of on -site drainage related features.
16. The historical flow patterns and runoff amounts on the site will be maintained.
17. 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.
18. 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.
19. 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.
20. 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.
21. 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.
22. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) 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.
23. Adequate drinking, handwashing and toilet facilities shall be provided for employees and
patrons of the facility, at all times. For employees or contractors that 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 and public rights -of -way.
24. Any On -site Wastewater Treatment System (OWTS) located on the property must comply
with all provisions of the Weld County Code, pertaining to OWTS. A permanent, adequate
water supply shall be provided for drinking and sanitary purposes.
25. All 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.
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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
Conservation (COGCC) Commission Rules and/or the provisions of the State
Underground and Above Ground Storage Tank Regulations.
27. A leak detection system shall be designed and installed beneath concrete unloading pads,
piping, and sumps. The unloading pad shall be kept in good condition.
28. As applicable, a Spill Prevention, Control and Countermeasure Plan, prepared in
accordance with the applicable provisions of 40 CFR, Part 112, shall be available.
29. The facility shall be constructed and operated to ensure that contamination of soil and
groundwater does not occur.
30. The facility shall comply with the accepted Groundwater Monitoring Plan.
31. Analytical waste data and environmental monitoring data shall be made available to Weld
County Department of Health and Environment, upon request. The Weld County
Department of Health and Environment reserves the right to require additional monitoring.
32. 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.
33. 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 Weld County Department of Public Health and
Environment (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.
34. The applicant shall obtain a Colorado Discharge Permit System or CDPS Permit from the
Colorado Department of Public Health and Environment (CDPHE), Water Quality Control
Division, as applicable.
35. The facility shall adhere to the maximum permissible noise levels allowed in the
Commercial Zone as set forth in Section C.R.S. §25-12-103.
36. Weld County Department of Public Health and Environment shall 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 off -site, in accordance with all
state and federal rules and regulations and with Weld County Code. Documentation of
closure activities will be provided to WCDPHE.
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37. The facility shall notify the County of any revocation and/or suspension of any State -issued
permit.
38. The applicant 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.
39. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
40. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan. 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. 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, 2018
International Energy Code, 2020 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.
42. The property owner or operator shall be responsible for complying with the Design and
Operation Standards of Chapter 23 of the Weld County Code.
43. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment shall be granted 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.
44. 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
permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
45. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development
Standards may be reason for revocation of the Permit by the Board of County
Commissioners.
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DEVELOPMENT STANDARDS (USR22-0026) - CALVARY FARMS, LLC, C/O BAYSWATER
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46. Construction or use pursuant to approval of a Use by Special Review Permit shall be
commenced within three (3) years from the date of approval, unless otherwise specified
by the Board of County Commissioners when issuing the original Permit, or the Permit
shall be vacated. The Director of the Department of Planning Services may grant an
extension of time, for good cause shown, upon a written request by the landowner.
47. A Use by Special Review shall terminate when the use is discontinued for a period of
three (3) consecutive years, the use of the land changes or the time period established by
the Board of County Commissioners through the approval process expires. The landowner
may notify the Department of Planning Services of a termination of the use, or Planning
Services staff may observe that the use has been terminated. When either the Department
of Planning Services is notified by the landowner, or when the Department of Planning
Services observes that the use may have been terminated, the Planner shall send certified
written notice to the landowner asking that the landowner request to vacate the Use by
Special Review Permit.
48. 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 people 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 rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
49. The Weld County Right to Farm Statement, as it appears in Section 22-2-30.A.4.a of the
Weld County Code, shall be placed on the map and recognized at all times.
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