HomeMy WebLinkAbout20232696.tiffID°7.567
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: BOCC Agenda Item - Approve Road Maintenance Agreement for:
Red Hawk Petroleum LLC — 1041WOGLA23-0010
DEPARTMENT: Planning Services DATE: September 5th, 2023
PERSON REQUESTING: Jazmyn Trujillo -Martinez
Brief description of the problem/issue:
The Department of Planning Services received a request from the applicant, Red Hawk Petroleum LLC, requesting that
the Board of County Commissioners consider approving the Road Maintenance Agreement for (1041 WOGLA23-0010). No
collateral is required with this agreement.
The Oil and Gas Energy Department's hearing for 1041WOGLA23-0010 is scheduled for September 7th, 2023.
Weld County Planning Services, Public Works, and Oil and Gas Energy Departments have reviewed the above mentioned
signed original document and observed the following:
All Public Works related items, of the "Road Maintenance Agreement According To Policy', are found to be
acceptable.
This Agreement complies with the terms of the WOGLA Permit, as signed by the Director of Oil and Gas
Energy Department.
This Agreement follows the template approved by the County Attomey.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
1. Have this BOCC Hearing item be placed on the next available agenda as part of the Consent Agenda.
2. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda.
3. Have this BOCC Hearing item not placed on the next available agenda as neither part of the Consent Agenda nor the
Regular Agenda.
Consequences:
• New oil and gas development can be held responsible for their impacts on the County Roadways, or the
County will be required to cover the costs of the new oil and gas development's impacts on the roadways.
Impacts:
• New oil and gas development with high traffic volumes impacts the County Road systems and causes wear
and tear more quickly than normal traffic volumes.
Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years):
• New oil and gas development will pay their proportional share of repairs and upgrades completed by the
County.
Recommendation:
Option 1. The Departments of Public Works, Planning Services, Oil and Gas Energy, and the County Attorney's Office are
recommending approval of the Road Maintenance Agreement According To Policy for 1041 WOGLA23-0010, and that this
item be placed on the next regularly scheduled BOCC Hearing, as part of the Consent Agenda.
Perry L. Buck, Pro -Tern
Mike Freeman, Chair
Scott K. James
Kevin D. Ross
Lori Seine
9 -/f -
Support Recommendation Schedule
Place on Be CA =n•a Work Session
6. Pt.<o% X3%23 � j
/o/of/
Other/Comments:
2023-2696
ROAD MAINTENANCE
IMPROVEMENTS AGREEMENT
Red Hawk Petroleum LLC — 1041 WOGLA23-0010
THIS AGREEMENT is made this 25th day of July, 2023, by and between Red Hawk Petroleum
LLC, a limited liability company organized under the laws of the State of Nevada, whose address is 575 N.
Dairy Ashford, Suite 210, Houston, Texas 77079, hereinafter referred to as "Operator," authorized to do
business in the State of Colorado, and the County of Weld, a body corporate and politic of the State of
Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley,
Colorado 80631 hereinafter referred to as "County."
WITNESSETH:
WHEREAS, "Operator" is the responsible party of the 1041 Weld Oil & Gas Location Assessment
(1041 WOGLA) permit located on the following described property in the County of Weld, Colorado:
SE1/4 SW1/4 and SW1/4 SE1/4 of Section 11, Township
7 North, Range 60 West of the 6th P.M., Weld County,
Colorado
hereinafter referred to as "the Property," and
WHEREAS, Operator has received approval by the Hearing Officer of the Oil and Gas Energy
Department for 1041 WOGLA23-0010, and
WHEREAS, Operator acknowledges that the final approval of 1041 WOGLA23-0010 is
conditional upon Operator's agreement to fund road maintenance, as described in this Agreement.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants
contained herein, the parties hereto promise, covenant and agree as follows:
PART I: SITE SPECIFIC PROVISIONS
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's 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 105
and travel to the nearest paved arterial or collector road, or highway, and remain on paved roads for further
dispersal. Any County roads used by traffic associated with 1041 WOGLA23-0010 may become part of the
established haul/travel routes.
1.1 Haul Routes. The following roads are designated as haul/travel routes for any time period
designated 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.
Red Hawk Petroleum LLC — 1041 WOGLA23-0010 - RMA23-0013
Page I of 7
2.0 Notice of Construction. A pre -construction inspection and a post -construction inspection shall be
performed by County personnel to determine the site -specific condition of the road. The Operator shall
provide the Weld County Departments of Public Works and Planning Services with two weeks advance
notice of the start of construction activities authorized by the 1041 WOGLA permit and shall give additional
notice within two weeks after construction has been completed.
3.0 Weight Limits. No travel vehicles may exceed CDOT required specifications for pounds -per -axle
and axle configurations unless overweight permits have been applied for and granted. Operator is
responsible for researching weight limited bridges and obtaining a Special Transport Permit in accordance
with Chapter 8, Article XV, when establishing haul routes, and furthermore, must follow County
overweight permit and regulations.
4.0 Temporary Deviations. The Weld County Department of Planning Services Director may approve
temporary (six months or less) deviations from the haul routes described above. To receive such approval,
the Operator must submit an updated haul route map and written request stipulating the reasons for the
deviation, which will be reviewed County personal. Any change in haul route lasting more than six months
shall require an amendment to this Agreement approved by the Board of County Commissioners.
5.0 Haul Route Signage. Operator shall install travel route signs, if applicable, as per Manual of
Uniform Traffic Control Devices standards, at all exit points of the Property which can be clearly seen by
drivers leaving the facility and which clearly depict County approved travel routes.
6.0 No Deviation from Permitted Haul Routes. Except as authorized by the Weld County Board of
County Commissioners or the Director of the Department of Weld County Planning Services, pursuant to
this Agreement, no use of any roads other than those specifically authorized for use in this Agreement is
permitted without the prior written amendment of this Agreement.
B. Maintenance Requirements:
1.0 Off -site recurring maintenance, if applicable, and as required by the Departments of Planning
Services, Public Works, and Oil and Gas Energy, shall only be performed by a County approved contractor,
and have a county Right -of Way permit for that specific location:
2.0 Dust Control. Operator shall be financially responsible for maintaining dust control on unpaved
designated haul/travel routes during any period of construction, heavy truck traffic, and/or high -volume trip
generation. The amount and extent of dust control will be coordinated with Public Works Gravel Roads
Division by site -specific conditions at the time. Operator shall use a County -pre -approved contractor for
chemical applications. Chemical treatment of unpaved roads along the relevant haul/travel route(s) is
expected to occur approximately two to five times per year, or as required by Public Works. If traffic
associated with this use exceeds 200 vehicles per day, per Weld County Code Section 8-6-100, the Operator
shall be responsible for dust abatement. On the basis of damage or complaints, as determined by the County,
the Operator shall cause to be performed within two days of notification, at its sole expense, chemical dust
control, or other treatment, by a contractor approved by Weld County Public Works. Should the traffic
related to 1041 WOGLA23-0010 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, full -depth chemical application, recycled asphalt, or other surface treatment.
3.0 Repair. Operator shall be financially responsible for its proportional share of the repair or
improvement, including but not limited to, excavation, patching, pavement and/or gravel repair, grading,
Red Hawk Petroleum LLC — 1041WOGLA23-0010 - RMA23-0013
Page 2 of 7
installing material on designated haul/travel routes. The amount and extent of repair and/or paving measures
will be determined by site -specific conditions at the time, as determined exclusively by County personnel.
Weld County and Operator will work together on a plan needed for repair of any roads, including who
performs the repair. Operator shall provide the County with a pre -approved contractor to be used for repairs.
4.0 Need for Immediate Repairs: In the event of damage to a designated haul/travel route by project
traffic that causes an immediate threat to public health and safety or renders the road impassible
("Significant Damage"), County shall, after inspection, notify Operator of such Significant Damage.
Operator shall identify the repair required and shall consult with County on the extent, type, timing,
materials and quality of repair (i.e. temporary versus permanent) within twenty-four (24) hours after receipt
of such notice and shall commence such repair within forty-eight (48) hours after receipt of such notice. If
Operator identifies Significant Damage prior to receiving notice thereof from County, Operator may
commence repair of such Significant Damage and shall concurrently notify County of the extent, type,
timing, materials and quality of repair (i.e. temporary versus permanent).
5.0 Repair of Road: On or before December 31 of the calendar year in which County staff has
determined through site analysis and/or pavement testing that a particular haul/travel route road portion will
require paving measures or major gravel maintenance in order to protect the public health, safety, and
welfare, and the County has budgeted sufficient funds for the following calendar year to pay its share of
the Off -Site Improvement/Repair Costs, County shall notify Operator in writing that the Off -Site
Improvements/Repairs shall be undertaken and shall provide an alternate haul route for the duration of those
repairs. In County's sole discretion, County may undertake the repairs and/or improvements. Operator's
payment for its Proportionate Share of the road repairs/improvements will be calculated as determined in
this Agreement. Operator will be invoiced accordingly for those proportional share costs.
6.0 Calculation of Operator's Proportional Share of Costs. The County shall notify Operator of
County's preliminary determination and assessment of Operator's proportional share of costs of
maintenance, repair, or improvements to Operator's designated haul/travel routes. Prior to County's final
determination and assessment, County shall provide Operator with a reasonable opportunity to review,
comment upon and supplement County's data, collection methodology, and determinations. The County
shall review and consider Operator's input prior to making a final determination and assessment. The
County shall have sole responsibility for determination of Operator's proportional share of costs. Operator
agrees to pay such proportional share of costs within 30 days of receiving an invoice from County.
7.0 Annual Road Inspection. County may conduct a road inspection annually with the cooperation of
Operator for the haul routes designated in this Agreement. As a result of the annual inspection, County, in
its sole discretion, shall determine actual conditions and shall further determine what road
repair/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 Notification. The County shall notify Operator of County's preliminary determination and
assessment of Operator's proportionate share of costs of maintenance, repair, or improvements to
Operator's designated haul/travel routes. Prior to County's final determination and assessment, County
shall provide Operator with a reasonable opportunity to review, comment upon and supplement County's
data, collection methodology, and determinations. The County shall review and consider Operator's input
prior to making a final determination and assessment.
PART II: GENERAL PROVISIONS
A. Permits: The Operator is required to apply for and receive all permits required by the County or
any other applicable local, State, or federal permit, including but not limited to:
Red Hawk Petroleum LLC — 1041 WOGLA23-0010 - RMA23-0013
Page 3 of 7
1.0 Access Permits. Operator shall not use any access onto any County road unless and until an access
permit has been issued by the Department of Planning Services. Planning Services may condition the
issuance of an updated access permit on the amendment of this Agreement if the updated access permit
authorizes the use of an additional access point, or if there is a change in use of the current access point, as
permitted by Article XIV of Chapter 8 of the Weld County Code.
2.0 Right -of -Way (ROW) Permits. Per Article XIII of Chapter 8 of the Weld County Code, any work
occurring within County ROW requires a ROW permit issued by the Department of Public Works. No work
shall occur without said ROW permit.
3.0 Transport Permits. Per Article XV of Chapter 8 of the Weld County Code, a Weld County
Transport Permit is required for Extra -legal vehicles using Weld County roadways to ensure the operation
and movement of Extra -legal Vehicles and Loads occurs in a safe and efficient manner.
B. Enforcement and Remedies:
1.0 Violation of Terms of Agreement. If in County's opinion, Operator has violated any of the terms
of this Agreement, County shall notify Operator of its belief that the Agreement has been violated and shall
state with specificity the facts and circumstances which County believes constitute the violation. Operator
shall have fifteen (15) days within which to either cure the violation or demonstrate compliance. If, after
fifteen (15) days have elapsed, County believes in good faith that the violation is continuing, County may
consider Operator to be in breach of this Agreement.
2.0 Remedies for Breach by Operator. In the event that County determines that Operator has violated
the terms of this Agreement, and has failed to correct said violation, County may exercise any or all of the
following remedies, or any other remedy available in law or equity.
2.1 Court Action. County may seek relief in law or equity by filing an action in the Weld
District Court or Federal District Court for the District of Colorado, except that no such civil action
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
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,
Red Hawk Petroleum LLC — 1041 WOGLA23-0010 - RMA23-0013
Page 4 of 7
cessation shall only be presumed if the County determines that the site has been inactive for three
(3) years.
3.3 Execution of Replacement Agreement. This Agreement shall terminate following County's
execution of a new Improvements Agreement with a new Operator who has purchased the Property
or has assumed the operation of the business permitted by the 1041 WOGLA, and intends to make
use of the rights and privileges available to it through the then existing WOGLA.
3.4 Revocation of 1041 WOGLA. This Agreement shall terminate following County's
revocation of Operator's WOGLA, except that the Operator shall only be released from this
Agreement after the successful completion of any/all reclamation required under this Agreement.
C. General Provisions:
1.0 Successors and Assigns.
1.1 Except for the assignment of all or substantially all of Operator's assets, Operator may not
delegate, transfer, or assign this Agreement in whole or in part, without the prior express written
consent of County and the written agreement of the party to whom the obligations under this
Agreement are assigned. Consent to a delegation or an assignment will not be unreasonably
withheld by County. In such case, Operator's release of its obligations shall be accomplished by
County's execution of a new Agreement with the successor Operator of the property.
1.2 County's rights and obligations under this Agreement shall automatically be delegated,
transferred, or assigned to any municipality which, by and through annexation proceedings, has
assumed jurisdiction and maintenance responsibility over roads affected by this Agreement.
2.0 Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable by a court of competent jurisdiction, this Agreement shall be construed and enforced without
such provision, to the extent that this Agreement is then capable of execution within the original intent of
the parties.
3.0 Governmental Immunity. No term or condition of this contract shall be construed or interpreted as a waiver, express or f the mmunities, enefits, rotections or other provisions, EMS the Colorado GovernmentalImmunity , of any o Act 1 24-10-101et srights, bas applicable now or hereafter amended. of
§§ q•, pp
47 0
N 4.0 No Third -Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms
•i S w and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly
� 2! reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of
tiwi action whatsoever by any other person not included in this Agreement. It is the express intention of the
Wc:3i undersigned parties that any entity other than the undersigned parties receiving services or benefits under
M this Agreement shall be an incidental beneficiary only.
5.0 Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and
co incorporated herein, contains the entire agreement between the parties with respect to the subject matter
:6 contained in this Agreement. This instrument supersedes all prior negotiations, representations, and
am 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.
0
Red Hawk Petroleum LLC — 1041 WOGLA23-0010 — RMA23-0013
Page 5 of 7
6.0 Board of County Commissioners of Weld County Approval. This Agreement shall not be valid
until it has been approved by the Board of County Commissioners of Weld County, Colorado or its
designee.
7.0 Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto,
shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included
or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null
and void. In the event of a legal dispute between the parties, the parties agree that the Weld County District
Court or Federal District Court for the District of Colorado shall have exclusive jurisdiction to resolve said
dispute.
8.0 Attorneys' Fees/Legal Costs. In the event of a dispute between County and Operator, concerning
this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or
legal costs incurred by or on its own behalf.
9.0 Release of Liability. Operator shall indemnify and hold harmless the County from any and all
liability loss and damage County may suffer as a result of all suits, actions, or claims of every nature and
description caused by, arising from, or on account of the design and construction of improvements, and pay
any and all judgments rendered against the County on account of any such suit, action or claim, and
notwithstanding Section 7.0 above, together with all reasonable expenses and attorney fees incurred by
County in defending such suit, action or claim whether the liability, loss or damage is caused by, or arises
out of the negligence of the County or its officers, agents, employees, or otherwise except for the liability,
loss, or damage arising from the intentional torts or the gross negligence of the County or its employees
while acting within the scope of their employment. All contractors and other employees engaged in
construction of the improvements shall maintain adequate worker's compensation insurance and public
liability insurance coverage and shall operate in strict accordance with the laws and regulations of the State
of Colorado governing occupational safety and health.
10.0 Binding Arbitration Prohibited. Weld County does not agree to binding arbitration by any
extra judicial body or person. Any provision to the contrary in this Agreement or incorporated herein by
reference shall be null and void.
11.0 Authority to Sign. Each person signing this Agreement represents and warrants that he or she is
duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and
warrants to the other that the execution and delivery of the Agreement and the performance of such party's
obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement
binding on such party and enforceable in accordance with its terms. If requested by the County, Operator
shall provide the County with proof of Operator's authority to enter into this Agreement within five (5)
days of receiving such request.
12.0 Acknowledgment. County and Operator acknowledge that each has read this Agreement,
understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the
attached or incorporated Exhibits, is the complete and exclusive statement of agreement between the parties
and supersedes all proposals or prior agreements, oral or written, and any other communications between
the parties relating to the subject matter of this Agreement.
13.0 Notwithstanding any other provision contained in this Agreement, for any conflict or potential
conflict between any term in this Agreement and the Resolution of the Board of County Commissioners
approving the underlying land use permit, the provisions of the Board's Resolution shall control. In the
event of a discrepancy between this agreement and the Weld County Code in effect at the time of the
agreement, the terms of the Weld County Code shall control.
Red Hawk Petroleum LLC — 1041WOGLA23-0010 - RMA23-0013
Page 6 of 7
OPERATO : R-• awk Petroleum LLC
By:
Name: J. Douglas Schick
Title: President
STATE OF TEXAS
County of HARRIS
Date: _July 25, 2023
SS.
The foregoing instrument was acknowledged before me this 25th day of July,
2023, by J. Douglas Schick as President of Red Hawk Petroleum, LLC.
Wr eei-7,.7 M gt MAIVIEEt al.
4 r eC0 DEANNE SHEPARD
Notary O #4105042 I
My Commission Expires
May 1, 2027
WELD COUNTY: �//,,
ATTEST: ,tG .1.1"''x`- BOARD OF COUNTY COMMISSIONERS
Weld C . un lerk to the Bo. d WELD COUNTY, COLORADO
BY:
Deputy Cl
4922577 Pages: 7 of 8
09/28/2023 10:53 AM R Fee:$0.00
Carly Koppel, Clark and Recorder, Wald County , CO
lIII INrACEMIkLiihli *HAIM MICR II
Freeman, Chair SEP 1 8 2323
Red Hawk Petroleum LLC — 1041WOGLA23-0010 - RMA23-0013 s� p/
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Lat40°, Inc. 6250 W. 10th Street, Unit 2, Greeley, CO 970-515-5294
65% Traffic Heading West
HAUL ROUTE MAP
ROTH 2-11 PAD
RED HAWK PETROLEUM LLC
HWY 14 (PAVED)
CR 105 to HWY 14
100%
4000
1 "=4000'
41
35% Traffic Heading East
CR 86 (GRAVEL)
RUTH 2-11 PAD
LEASE ACCESS ROAD
CR 80 (GRAVEL)
LEGEND
TRAFFIC ROUTE
TRAFFIC ROUTE DIRECTION
NO SCHOOL FACILITY, FUTURE SCHOOL FACILITY OR CHILD CARE
LOCATED ALONG HAUL ROUTE.
Q: S2S2
SECTION: 1 1
TOWNSHIP: 7N
RANGE: 60W
6TH. P.M.
WELD, CO
DATE: 4/4/2023
PROJECT#: 2022277
Contract F
Entity Information
Entity Name * Entity ID *
RED HAWK PETROLEUM LLC @00047588
Contract Name *
ROAD MAINTENANCE AGREEMENT RED HAWK
PETROLEUM LLC 1041 WOGLA23-0010
Contract Status
CTB REVIEW
[] New Entity?
Contract ID
7367
Contract Lead
JTRUJILLOMARTINEZ
Contract Lead Email
jtrujillomartinez@weldgo
v.com
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description *
ROAD MAINTENANCE AGREEMENT RED HAWK PETROLEUM LLC 1041 WOGLA23-0010 NO COLLATERAL REQUIRED
Contract Description 2
Contract Type * Department
AGREEMENT PLANNING
Amount*
$0.00
Renewable *
NO
Automatic Renewal
Grant
IGA
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
EY@WEL
DGOV.COM
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Requested BOCC Agenda Due Date
Date* 09/14/2023
09/18/2023
Will a 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
Termination Notice Period
Contact Information
Contact Info
Review Date *
09/18/2024
Committed Delivery Date
Renewal Date
Expiration Date"
09/18/2025
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head
TOM PARKO JR.
DH Approved Date
09/08/2023
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
09/18/2023
Originator
JTRUJILLOMARTINEZ
Finance Approver
CHERYL PATTELLI
Legal Counsel
KARIN MCDOUGAL
Finance Approved Date Legal Counsel Approved Date
09/08/2023 09/08/2023
Tyler Ref*
AG 091823
1041 WOGLA PERMIT
STAFF REPORT
Record Number 1041WOGLA23-0010
Staff Specialist: Jennifer Teeters
Company/Applicant: Red Hawk Petroleum LLC
Location Name: Roth 2-11
Parcel Number(s): 071911000002; 071911000003
Assigned Address: 40064 CR 100
Hearing Date: September 7, 2023
Legal Description: SE1/4SW1/4 and SW1/4SE1/4 of Section 11 Township 7 North, Range 60
West, 6th P.M., Weld County, Colorado
Proposed Use: Red Hawk Petroleum LLC is proposing an 11 Well Pad and Production Facility.
SUMMARY
Pursuant to Weld County Code Ordinance 2021-17, Sec. 21-5-315.A. Red Hawk Petroleum LLC (Red Hawk or
Applicant) submitted a pre -application meeting request. The pre -application meeting was held on January 25,
2023. Invitees included Red Hawk, Upstream Petroleum Management, INC, Energy & Carbon Management
Commission (ECMC), Colorado Parks and Wildlife (CPW), Colorado Department of Health and Environment
(CDPHE), Bureau of Land Management (BLM), the Weld County Oil and Gas Energy Department (OGED Staff),
and representatives of other Weld County departments (Weld County Staff). CPW and CDPHE did not attend
the meeting. In preparation of the pre -application meeting OGED Staff conduct a site visit and drive the
identified haul route on January 17, 2023.
On February 14, 2023, Red Hawk provided 1041 WOGLA notice to OGED Staff stating their intent to submit a
1041 WOGLA Permit application for the referenced Roth 2-11 Location. The initial Application submittal was
received on May 23, 2023 and reviewed according to the requirements of Weld County Code Ordinance 2021-
17 (Code). The criteria for submission of the 1041 WOGLA Permit (Application) is outlined in Section 21-5-320.
of the Code.
OGED Staff completed their review of the Application as submitted. The Application was discussed with the
Applicant to clarify and enhance certain items, and the final Application version which is a part of the record was
submitted on July 17, 2023, and deemed complete July 20, 2023. The submitted Application was found to be
compliant with the applicable Code requirements and was scheduled for hearing.
Pursuant to Sec. 21-5-330. the 1041 WOGLA notice of hearing was sent to required property owner on
July 21, 2023 and published in the Greeley Tribune on June 26, 2023.
OGED Staff referred the Application to various agencies as required by Sec. 21-5-330.C. of the Code. Where
appropriate, conditions of approval are being recommended to address comments received from those referral
agencies. Copies of those comments have been made part of the Application record and are viewable through
the E -Permit Center on the Weld County website. Referral comments due date was August 18, 2023.
Page 1 of 3
1. Response was received from the following referral agencies:
a. Weld County Department of Public Health and Environment (WCEH), referral request sent
7/21/2023. Response with comments and conditions received 8/2/2023, revised on 8/10/2023.
i. The applicant submitted a revised Noise Mitigation Plan on 8/10/23.
b. Weld County Development Review, representing the Department of Public Works and the
Department of Planning Services, referral request sent 7/21/2023. Response with comments
and conditions received 8/17/2023.
c. Colorado Parks and Wildlife, referral request sent 7/21/2023. Response with advisory
comments received 8/1/2023.
d. Energy & Carbon Management Commission, referral request sent 7/21/2023. Response with
advisory comments received 8/3/2023.
e. Colorado Department of Public Health and Environment, referral request sent 7/21/2023.
Response with advisory comments received 7/21/23.
f. Weld County Office of Emergency Management (OEM), referral request sent 7/21/2023.
Emergency Action Plan (EAP) and Tactical Response Plan (TRP) card approved 8/10/2023.
g. Briggsdale Fire Protection District referral request sent 7/21/2023. Response with advisory
comments received 8/3/2023. Briggsdale Fire Protection District did work in coordination with
the OEM on approval of the EAP & TRP.
2. No response was received from the following referral agencies:
a. Bureau of Land Management (BLM) referral request sent 7/21/2023. Referral request re -sent
8/18/2023.
b. Briggsdale RE -10 School District referral request sent 7/21/2023. Referral request re -sent
8/18/2023.
RECOMMENDATION
The OGED Staff recommends 1041WOGLA23-0010 be APPROVED based on review of the Application material
submitted by Red Hawk Petroleum, LLC, comments provided by referral agencies, and other relevant
information.
1. As stated in the summary above, OGED Staff has determined that the Application complies with the
provisions of Sec. 21-5-320.
2. OGED Staff has complied with the notice and processing requirements in Sec. 21-5-330.
3. Pursuant to Sec. 21-5-320.A.2. Red Hawk certifies they have provided notice to all required parties.
4. Red Hawk certifies a Surface Use Agreement (SUA) is in place with the Surface Owner, identified as
Amber Waves.
Page 2 of 3
5. Red Hawk attests there are no Residential Building Units within the 1041 WOGLA Zone. There is one
(1) Building within the 1041 WOGLA Zone 1,093' to the East.
6. There are no High Occupancy Building Units, Designated Outside Activity Areas, School, School Facilities,
or Child Care Centers within one (1) mile of the Oil and Gas Location.
7. The OGED Staff did not receive any Application for Interventions (AI) regarding this Oil and Gas Location.
The OGED Staff did not receive any calls from property owners who were notified through the 1041
WOGLA notice of hearing.
8. In the opinion of OGED Staff, the Applicant's chosen site is compatible with the existing and surrounding
Land Use, which includes existing Oil and Gas Locations, intermixed with agricultural lands.
9. Red Hawk has shown compliance with the Development Standards outlined in Chapter 21, Article 5,
Division 4 of the Code as applicable to the Ag-Rural Planning Area.
a. Red Hawk's Roth 2-11 Pad was reviewed under the LZ-0 Lighting Zone standard. The submitted
Lighting Plan illustrates that the total amount of lumens proposed does not exceed the
allowable lumens for Lighting Zone 0, pursuant to Sec. 21-5-405.B during the Construction
Phase . There is no Permanent Lighting proposed on location at this time.
b. Pursuant to Sec. 21-5-435. Weld County Department of Public Health and Environment has
identified that the compliance noise level for Red Hawk to adhere to is the NL-4 standard for
the Construction Phase and the NL-1 standard for the Production Phase.
10. Red Hawk has committed to certain Best Management Practices outlined in the Application, to
promote the health, safety, security, and general welfare of the present and future residents of Weld
County while protecting both the environment and wildlife.
The attached location drawing provides a depiction of the Oil and Gas Location with all visible improvements
within two thousand (2,000) feet.
CONDITIONS OF APPROVAL
The OGED Staff recommendation for approval is conditional based upon the following requirements of the
Applicant:
1. Prior to Construction:
a. A Final Drainage Report stamped and signed by a Professional Engineer registered in the State
of Colorado is required to be accepted prior to construction. (Department of Planning —
Development Review)
b. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required by
the Department of Planning — Development Review.
2. Prior to Drilling:
a. Applicant must provide initial baseline groundwater sampling data, or information related to
how the site is exempt from the COGCC Rule 615, to the Weld County Department of Public
Health and Environment.
Page 3 of 3
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OIL AND GAS ACCESS
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Lat40°, Inc. 6250 W. 10th Street, Unit 2, Greeley. CO 970-515-5294
WOGLA LOCATION DRAWING
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Sae
ROTH 2-11 PAD
RED HAWK PETROLEUM LLB;
it" tscit�dt.
2000'
amis eon 0100 wOOP OOP
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•
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•
•
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/
0: S2S2
SECTION: 11
TOWNSHIP: 7N
RANGE: 6OW
6TH. P.M.
WELD. CO
WOGLA LOCATION DRAWING:
(MEASURED FROM EDGE OF OIL AND GAS LOCATION)
ID
IMPROVEMENT
DISTANCES/BEARING (MEASURED FROM OIL AND GAS LOCATION)
c
BUILDINGS
Ell 1093'E
3
PROPERTY LINE
1 -INSIDE LOCATION, 30'S
15
PLUGGED/ABANDONED/SHUT IN
OIL AND GAS WELLS
1743' SW
21
PRIVATE ROAD
12'S, 45'S, 1584'SW
30
MISCELLANEOUS -W000 POST
5' 5, 8' 5
f
SURFACE PROPERTY
WORKING PAD SURFACE
OIL AND GAS LOCATION
W WATER UNE
-G- GAS LINE
1 TELEPHONE UNE
UNDERGROUND ELECTRIC
-OHU OVERHEAD UTIUTY
--FO- FIBER OPTIC UNE
x FENCE
DATA SOURCE: COGCC
I
0
500
1-500'
bLQIE
w
LEGEND
PROPOSED WELL
ID DESIGNATION
BUILDING
BUILDING UNIT
SCHOOL
CHILD CARE
WOOD POST
THIS MAP DOES NOT REPRESENT A BOUNDARY SURVEY. THIS MAP WAS
PREPARED WITHOUT THE BENEFIT OF A TITLE COMMITMENT AND DOES NOT
CONSTITUTE A TITLE SEARCH BY LAT40, INC. TO DETERMINE OWNERSHIP
- OR EASEMENTS OF RECORD. ONLY THOSE RIGHTS -OF -WAY AND
EASEMENTS THAT WERE DISCOVERED DURING RESEARCH TO PREPARE THIS
MAP ARE SHOWN HEREON.
VISIBLE IMPROVEMENTS SHOWN AND USTED HEREON THAT ARE LYING
OUTSIDE THE SURFACE PROPERTY MAY HAVE BEEN OBTAINED FROM THE
AERIAL PHOTO AND OTHER PUBLICLY AVAILABLE DATA. THE ACCURACY
AND COMPLETENESS OF SAID IMPROVEMENTS MAY NOT HAVE BEEN
VERIFIED BY LAT40, INC. EXISTING CONDITIONS MAY DIFFER FROM WHAT IS
SHOWN.
WATER WELLS WERE SEARCHED FOR AT TIME OF SURVEY. IF WATER WELLS
WERE LOCATED AT THAT TIME THEY WILL BE LISTED IN THE
IMPROVEMENTS. APPROXIMATE LOCATIONS ARE SHOWN PER COGCC GIS.
O PRODUCING
ES SHUT IN
• TEMPORARY ABANDONED
Q INJECTING
PLUGGED AND ABANDONED
4 DRILLED AND ABANDONED
* DRILLING
Brian S. Rottinghous—On behol o Lot40', Inc.
Colorado Licensed Professional
Land Surveyor No. 38571
DATE: 6/14/2023
PROJECT,: 2022277
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