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Home My WebLink About20220176.tiffPLANNED UNIT DEVELOPMENT (PUD) CHANGE OF ZONE APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT # /AMOUNT # 1$ CASE #ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number 1 0 5 5 0 8 _ 3 0 0 0 5 2 (12 digit number -• found on Tax I.D. information, obtainable at the Weld County Assessor's Office, or www.co.weld.co.us) (Include all lots being included in the application area. If additional space is required, attach an additional sheet.) Legal Description PT N2SW4 8-4-65 LOT A AMD REC EXEMF, Section 8 ,Township 4 North, Range 65 West Property Address (If Applicable) Existing Zone District: Agricultural Proposed Zone District: PUD (3 lot estate zone)Total Acreage: 15.28 Proposed #/Lots: 3 Acres Open Space: 0 Are you applying for Conceptual or Specific Guide? Conceptual iZ.Specific FEE OWNER(S) OF THE PROPERTY (If additional space is required, attach an additional sheet.) Name: Daryl Bohlender, DeWayne Bohlender (D.O.B. Farm, LLC) Work Phone # 970.216-4908 Home Phone # Email Address dbohlender@gmail.com Address: 22240 CR 39 City/State/Zip Code LaSalle/CO/80645 APPLICANT OR AUTHORIZED AGENT (See Below: Authorization must accompany applications signed by Authorized Agent) Name: Same as above Work Phone # Home Phone # Email Address Address: City/State/Zip Code UTILITIES: Water: None currently, CWCWD provided will serve letter Sewer: None currently, EEC recommended engineered septic systems Gas: None currently, Propane Electric: Excel Phone: N/A DISTRICTS: School: RE -1 Post: LaSalle, CO I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evidence must be included indicating the signatory has the legal authority to sign for the corporation. I (we), the undersigned, hereby request hearings before the Weld County Planning Commission and the Board of County Commissioners concerning the proposed Change of Zone for the above described unincorporated area of Weld County, Colorado: J_.! ��•., LrQ V\d mow,.-. 1��1 I 2t ` f -1. �f'l.-._ _�"3 ( ' :�\� •1 ��/ Signature: Owner or Authorized Agent 4A or Authorized Agent Date —7— 4445528 111091201804!06 PM Total Pages: 1 Rec Fee: $13.00 Carly Koppes - Clerk and Recorder, Weld County, CO After Recording Return To; STATEMENT OF AUTHORITY 1. This Statement of Authority relates to an entity named: D.O.B. Farm, LLC 2. The Entity is a: limited liability company 3. The Entity is formed under the laws of: Colorado 4. The mailing address for the entity is: 5. The name and position of each person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity is: Daryl D. Bohlender and DeWayne G. Bohlender, Co -Managers.. 6. The authority of the foregoing person(s) to bind the entity is not limited.. 7. Other matters concerning the manner in which the entity deals with interests in real property: NONE 8. This Statement of Authority is executed on behalf of the Entity pursuant to the provisions of C.R.S. Section §38-30-172. Executed this: October 25, 2018 D.O.B. Farm, LLC ca By: Daryl D. Bohlender, Co -Manager By: DeWayne G. Bohlender, Co -Manager STATE OF: Colorado COUNTY OF: \ � le 4 The foregoing instrument was acknowledged before me this 25th day of October, 2018, by Daryl D.. Bohlender and DeWayne G. Bohlender, as Co -Managers of D.O.B. Farm, LLC, a Colorado limited liability company Witness my hand. and seal. My commission expires: TEREZIA M. AXTON NOTARY PUBLIC STATE OF COLORADO NOTARY ID 1998402 5568 MY ©PMMI55I0N EXPIRES SEPT; 26, 2022 October 21, 2021 Dear Diana, Per your request this letter is to provide notification that our previous interest in utilizing a portion of our proposed PUD (Parcel # 105508300052) for a solar garden is no longer under consideration. So, we will now go back to our original plan to divide the 15.28 -acre parcel into three lots (2-2.0 acre lots, and a 11.28 -acre lot). Sincerely, Daryl Bohlender, DOB Farm Traffic Narrative Lower traffic trips (well under 100 round trips per day) 1. Describe how many roundtripslday are expected for each vehicle type: Passenger Care/pickups, Tandem Trucks, Semi-TrucktTrailer/RV (Roundtrip = 1 trip in and 1 trip out of site) Lots 1 & 2 will be 2 residential lots, and each will average 2 round Dips/hey of Passenger cars or pickups. Lot 3 will be for agricultural use and will average 2 round trip/day of pickups or tractors. 2. Describe the expected travel routes or haul routes for site traffic. Expected travel for Lots 1 & 2 would be anticipated to leave the lots and depart onto CR 39 and would likely be to and from local municipalities for shopping or work -related needs. Expected travel and haul routes for Lot 3 would be anticipated to leave the lot and depart onto CR Pb and would likely be to and from a local farmer who would be farming the lot. 3. Describe the travel distribution along the routes (e.g. 50% of traffic will come from the north, 20% from the south, 30% from the east, etc.) The travel distribution to and from the lots onto CR Pb is anticipated to be 75% from the north and 25% from the south. 4. Describe the time of day that you expect the highest traffic volumes from above. The highest traffic volumes would be anticipated to be between 7-9 am and 4-6 pm Public Works will review the narrative and advise the applicant if more information or an engineered traffic study is required. High traffic trips (near or over 100 round trips/day) A Traffic Impact Study shall be completed by a Colorado Registered Professional Engineer following the checklist available on the Public Works website at: http:Pwww.co.weld.co.us/Departments/PublicWorks/TrafficandSigning.html. Any triggers based upon the traffic narrative or the traffic study will be included within the improvements and road maintenance agreement. Drainage Narrative 1. Drainage narrative requirements with exception from detention pond. The drainage narrative must describe at the minimum: 1. Which exception is being applied for and include supporting documentation. (see page 2) Exception #7: Residential developments where all the following conditions exist: A) HERE WILL BE THREE (3) LOTS B) THE AVERAGE LOT SIZE IS 5.3 ACRES C) DOWNSTREAM ROADWAY CRITERIA ARE NOT EXCEEDED. D) THE ACCESS ROADS TO AND FROM CR 39 WILL NOT BE PAVED 2. Where the water originates if it flows onto the property from an offsite source There is no water that flows onto the lots from offsite sources 3. Where it flows to as it leaves the property Rainwater from the three lots primarily drains into the Western Mutual Ditch which runs along- side the lots with prescriptive rights of way 4. The direction of flow across the property Primarily from west to east 5. If there have been previous drainage problems with the property Previous drainage problems were resolved when the property was leveled by previous owner 6. The total post -development imperviousness for the rural residential development does not exceed ten percent (10%), assuming that all internal roads and driveways are paved, or will eventually be paved. The overall impervious rate was calculated to be 9.7% using the 'Weighted Imperviousness Calculator", so we are below the 10% requirement assuming the internal road is paved. However, we will be requesting a waiver to allow for an unpaved road, which will improve the imperiousness rate even more. Page 2 DRAINAGE CODE REQUIREMENTS (informational only): Section 23-92-30. Drainage Policy. F. Exceptions. 1. EXCEPTIONS TO STORMWATER DETENTION SHALL NOT JEOPARDIZE THE PUBLIC HEALTH, SAFETY, AND WELFARE OF PUBLIC AND PRIVATE PROPERTY AND SHALL BE LIMITED TO THE FOLLOWING: a. No stormwater detention will be required for sites that meet any of the following conditions. Requirements of the Municipal Separate Storm Sewer System (MS4) areas remain applicable. 1) Use by Right or Accessory Use in the A (Agricultural) Zone District. 2) Zoning Permits in the A (Agricultural) Zone District. 3) A second dwelling permit in the A (Agricultural) Zone District. 4) Towers including, but not limited to, cell, wind, and telecommunication towers. 5) Pipelines or transmission lines. 6) Gravel pits if the stormwater drains into the gravel pit. 7) Residential developments where all the following conditions exist: A) Nine (9) lots or fewer. B) The average lot size is equal to, or greater than, three (3) acres per lot. C) Downstream roadway criteria are not exceeded. D) The total post -development imperviousness for the rural residential development does not exceed ten percent (10%), assuming that all internal roads and driveways are paved, or will eventually be paved. 8) Development of sites where the change of use does not increase the imperviousness of the site. 9) URBANIZING areas where the total project stormwater runoff of less than, or equal to, 5 cubic feet per second (cfs) for the 1 -hour, 100 -year, storm event. 10) NON -URBANIZING areas where the total project stormwater runoff of less than, or equal to, 10 cfs for the 1 -hour, 100 -year, storm event. 11) Parcels with total area less than, or equal to, a 1.0 gross acre. 12) Individual parcel with an unobstructed flow path and no other parcel(s) between the Federal Emergency Management Administration (FEMA) regulatory floodplain channel and the project. 13) A parcel greater than 1 gross acre and less than, or equal to, 5 gross acres in size is allowed a onetime exception for a new 1,000 sq ft building or equivalent imperviousness. 14) A parcel greater than 5 gross acres in size is allowed a onetime exception for a new 2,000 sq ft building or equivalent imperviousness. 15) Approved by a variance. 1 2W 16* Buffer \ :i:1l-! e Shoulder ABCJ (Class 5) IlMA * '( 6) I 1 A 9 i _ l2' I'tnvcl. LawLanc Travel. Ltil. L tar_ al 1: ('ompacted ubgiradc TYPICAL CROSS SECT! ON 16 Buif r PUD Sketch Plan Administrative Review Follow-up comments: PUDK19-0004, DOB Farm LLC, DeWayne and Daryl Bohlender Summary Comments (page 8 of the PUDK19-0004 staff report): Item # Response 1 All lots must have a direct access directly to an internal road. a. Done 2 The internal road shall be paved. a. See correspondence with Zack at Public Works Requesting a waiver to the paving requirement. 3 Submit an impact plan that adequately address all environmental impacts as outlined in Chapter 27 of the Weld County Code. Address each item individually with the Change of Zone submittal. a. See PUD COL Development Guide Narrative 4 The application shall submit documentation to address Sections 27-2-176, 24-7- 210 and 24-7-220 of the Weld County Code in regard to sewer service. A bid from Earth Engineering Company, Inc was included to address on -site wastewater treatment systems, but no report was provided. A report must be included with the Change of Zone submittal and a least one test pit is required. a. See proposed leach field report 5 A signed water service agreement is required and the agreement for water shall be approved by the Weld County Attorney's Office prior to submitting the Change of Zone application. a. See CWCWD letter 6 The applicant shall address the comments from the Division of Water Resources and submit evidence in writing that these comments have been addressed. a. See Email dated 10/1/20 i. Attached is a file with the complete email trail Item 1.3 INTRODUCTION: The D.O.B. Farm PUD (hereafter referred to as "PUD") is a 15.28 -acre parcel located at S2SW4 of Section 8, T4N, R65W of the 6th P.M., Weld County, CO. The parcel is currently zoned as agricultural consisting of dryland pasture grass. There is also natural gas tanks and several wells in the northeast corner that belong to Noble/Chevron that probably takes up about 2 acres of the parcel. The PUD is proposed to be changed from existing agricultural zoning to a 3 lot PUD with estate zone uses. Two of the lots will be 2.0 acres, and the third remaining lot will be 11.28 acres, with all three designated as residential. The information provided as part of this Specific Development Guide was prepared to follow Weld County Code Section 27. COMPONENT ONE — Environmental Impacts 1. Noise and Vibration. The three residential lots will create single family structures with garages, driveways, and outbuildings that are consistent with the character and scope of adjacent residential structures and residential uses. It is not anticipated that excessive noise and vibration will be created as a part of the proposed residential uses. 2. Smoke, Dust and Odors. The conversion from agricultural to residential use are expected to mostly eliminate the impacts associated with farming operations including plowing, seeding, cultivating, fertilizing, and harvesting. Residential uses will provide roadways and yard surfaces providing a landscape to eliminate drainage impacts, soil erosion and blowing dust. Solid waste will be stored in approved containers and removed on a regular basis. It is not anticipated that excessive smoke, dust or odor will be created as a part of the proposed residential uses. 3. Heat, Light and Glare. The PUD is proposed to create three lots for the construction of residential structures. Each lot may have exterior lighting for residential uses that will be low intensity and directed so as not to affect neighboring properties. No unusual heat or glare will be generated from the PUD. 4. Visual/Aesthetic Impacts. The PUD will have very low density that reflects the rural nature of the properties. The very low residential density and light agricultural practices are consistent with neighboring sites and will not create visual and/or aesthetic impacts for neighboring sites. 5. Electrical Interference. The PUD will not have activities that create electrical interference impacts to neighboring sites. 5. Water Pollution. The PUD will utilize Best Management Practices associated with storm water runoff and pollution. Natural pollution protections already consist of heavy stands of grasses which helps maintain clean water. Due to the size of the lots, historical flow patterns and storm water runoff amounts that are generated on -site will be maintained without an engineering storm water diversion and detention system. Surface flows will slow runoff minimizing erosion associated with ditches and berms. 7. Wastewater Disposal. Site geotechnical investigations completed by Earth Engineering Company, Inc. in June of 2019 indicate that the use of engineered septic systems for wastewater disposal would be acceptable at the proposed site. These systems will be constructed to be in conformance with Weld County regulations relating to the design and construction of septic systems and leach fields. They will be designed based on geotechnical investigations and engineering designs created individually for each lot. 8. Wetland Removal. The proposed development site is vacant and has been used for agricultural purposes since it was purchased in January, 2018. The parcel has been under yearly cultivation and there are no wetlands existing on the site. 9. Erosion and Sedimentation. The PUD will require only minimal earthwork to construct the three single residences and access roadway. During construction, best management practices will be used to control potential erosion, and long-term erosion will be controlled by surface flows across natural pasture grasses and hard surfaces. 10. Excavating, Filling and Grading. The PUD will require minimal construction activities to build three residences and associated out buildings. During construction, best management practices will be in place to control impacts of excavating, filling, and grading. Upon completion of construction, the disturbed areas will be reseeded with native brome grasses and landscaping. 11. Drilling, Ditching and dredging. The PUD will require only minimal earthwork to construct the new single residences and create a driveway to the three lots. No drilling, ditching or dredging activities are anticipated to occur for the residential and agricultural activities_ 12. Air Pollution. The PUD will institute best management practices to control impacts of residential construction and minimal farming activities on air quality. The very low - density development will have low to no impact on air quality and pollution_ 13. Solid Waste. The PUD will utilize legally authorized solid waste haulers to collect and transport the generated residential solid waste to a permitted land fill. 14. Wildlife Removal. The PUD is adjacent to existing residences on its north and south boundaries. Agricultural property is located along the east boundary. The lack of significant ground cover and wooded acreage limit the habitat for major wildlife activity. It is not anticipated that wildlife populations are located within the development site or that removal of wildlife will be necessary. 15. Natural Vegetation Removal. The PUD is a vacant agricultural parcel that is cultivated on a yearly basis. The removal of natural vegetation will not be required. 16. Radiation/Radioactive Material. Based on the geotechnical report and subsurface investigation completed by Earth Engineering Company, Inc. in June of 2019 there are no radiation hazards based on their understanding of the deposits and past land usage. 17. Drinking Water Source. The PUD is within the Central Weld County Water District (CWCWD) service area. The CWCWD has supplied a Will Serve Letter with several conditions which has been reviewed and approved upon meeting CWCWD conditions by the Weld County Attorney's Office. 18. Traffic Impacts. No formal traffic study was undertaken because of the low -density nature of the three lot sub -division. The proposed PUD is estimated to generate a potential of 10 round trips per day, and these estimated residential traffic counts are considered low volume. COMPONENT TWO — Service Provisions Impacts 1. Schools. The Weld County School District RE -1 submitted a letter dated 3/18/20 that included their methodology for Land Dedication and/or In Lieu payments of $1,054.20 for a single-family unit. Therefore, an in -lieu payment in the amount of $3,162.60 is due to the school district prior to the approval of the recorded exemption. 2. Law Enforcement. The PUD will be located within the service area of the Weld County Sheriff's Department. The Weld Planning department stated on 12/9/20 that there is no further need to contact the Sheriff's Department for anv further information. 3. Fire Protection. The PUD will be located within the service area of the LaSalle Fire Rescue District's Fire Prevention district. They have completed their review of the above project and in a letter dated 12/11/20 has the following comments and/or requirements: 1. A water supply and hydrant system is required for this subdivision. 2. Access roads shall not be greater than 150 feet without a turnaround or second point of access. 3. The roads shall be an all-weather surface capable of supporting 75,000 I.b.s. 4. Ambulance. The PUD will be located within the service area of the LaSalle Fire Rescue District and currently carries out emergency response service for the PUD area and has no comments regarding this project. 5. Transportation. The PUD will generate approximately 10 vehicle trips per day on Weld CR 39, a local paved road maintained by Weld County. The PUD has two approved access points from the PW Department which include one residential classification. It is anticipated that the existing oil & gas access located on the NW corner of the PUD will be adjusted to the adjoining property and utilized as a shared residential/oil & gas access point. No additional access points onto county roads are requested. 6. Traffic Impact Analysis. Due to the minimal traffic generated of the PUD, no impact study was required or performed. 7. Storm Draina The PUD meets the following drainage detention exemption therefore no detention of stormwater for residential developments where all the following conditions exist: A. There will be three (3) lots which meets the requirement of "nine (9) lots or fewer" requirement. B. The average lot size is 5.3 acres which meets the requirement of "equal to, or greater than, three (3) acres per lot". C. Downstream roadway criteria are not exceeded. D. The total post -development imperviousness for the rural residential development was calculated to be 9.7% using the "Weighted Imperviousness Calculator", so we are below the 10% requirement assuming the internal road is paved. However, we will be requesting a waiver to allow for an unpaved road, which will improve the imperiousness rate even more. No change in current drainage patterns is required. Rainwater from the three lots primarily drains into the Western Mutual Ditch which runs alongside the lots with prescriptive rights of way. 8. Utility Provisions. The local power company, Excel Energy would be providing electrical service for the PUD. 9. Water Provisions. The PUD is within the Central Weld County Water District (CWCWD) service area. The CWCWD has supplied a Will Serve Letter with several conditions which has been reviewed and approved upon meeting CWCWD conditions by the Weld County Attorney's Office. 10. Sewage Disposal Provisions. Sewage disposal will be accomplished by individual sewage disposal systems provided by each new lot. 11. Structural Road Improvement Plan. No improvements to adjacent public roadways are anticipated or required as part of this change of zone. COMPONENT THREE — Landscape Elements There will be no landscape plan for the PUD as each individual lot with be allowed to develop an individual landscaping sorted for their interests. Most of the lots acreage will remain pastureland and more natural in appearance. COMPONENT FOUR — Site Design The PUD site has a natural slough running mostly north and south through about the middle of the parcel. A "Geologic Hazards and Mineral Extraction Evaluation Report" provided by Earth Engineering Company, Inc. on 6/18/19 provided the following comments: Slopes on the site are generally gentle, with the overall property drainage towards a small basin or topographic low located within the east-southeast portion of the property. Upon visual observation of the proposed P. U.D. property, it appears that a drainage way had been installed within the topographic low and it appears the drainage way flows towards the ditch located east of the property. No areas of standing water or evidence of previously saturated ground was observed at the time of our site visit on May 20, 20 The southeastern edge of development is bound by the Western Mutual Ditch which runs alongside the lots with prescriptive rights of way. The pasture area has been historically dryland grass and is anticipated to continue. No significant changes are anticipated as part of this development. The project is not located in a floodplain, floodway, geohazard area, or airport overlay district. COMPONENT FIVE — Common Open Space Usage. The PUD is very rural in nature and is defined as Nonurban Scale Development which does not require common open space. One main reason to create only 3 lots is to leave adequate space for owners around their residences and not create an urban scale environment where owners are restricted to possible uses due to small lot sizes. COMPONENT SIX — Signage. Signage for the PUD is not anticipated at this time. At some point in the future signage will be limited to a subdivision identification sign which would be located at the entrance. COMPONENT SEVEN — RUA Impact. The PUD is not located within a Regional Urbanizing Area as defined by the Weld County Code. COMPONENT EIGHT— Intergovernmental Agreement. The Towns of LaSalle and Evans both have an IGA with Weld County within the area of the PUD. The Towns have been notified of the proposed PUD as part of the Pre - application process. Both towns have provided letters with their comments directly to the Weld County planning department. PUD Sketch Plan Administrative Review Follow-up comments: PUDK19-0004, DOB Farm LLD, DeWayne and Daryl Bohlender Comments re: agency responses (page 1): • Town of LaSalle: Town Clerk said letter was set to the county (12/8/207 • History Colorado: Spoke to one of their representatives by phone, and they said no further action is needed (10/8/20) • 5RC Energy, Inc (now known as PDC) — On 4/27/21, met with Cory from PDC energy. They are waiting for a final signature from Noble energy on the joint access agreement at the north edge of our property. It will then be filed along with a document allowing a right of way along the north edge of the property that we will sign. There has been a ht of wan in existence since the eas wells were drilled. It was an aereement that was with the property owners and not recorded with the county, however Cory is looking into the SUA # 05-123-32768 (provided by Diana) • Noble Energy, Inc. — Response received by email (12/10/20): Daryl: Thank you for reaching out. As long as we have access and adequate workspace around our wells and production equipment as shown on the plat I don't have any concerns with the proposed PUD. If you need anvthina also. please let me know. Ryan Antonio 303-621-5196 • Weld County Sheriff's Office — per Diane, nothing further is needed (12/9/20) • LaSalle Fire Protection District — See email and letter (12/11/20) • Weld County Assessor's Office — No action is necessary at this time (10/7/20) • West Greeley Conservation District — See Agenda and Minutes (3/9/21) September 15, 2021 Dear Diana, As discussed by phone we are considering utilizing a portion of our proposed PUD (Parcel # 105508300052) for a solar garden. Per your request here are the details related to this proposal: Anticipated change of use for PUD As you know we were planning to divide the 15.28 -acre parcel into three lots (2-2.0 acre lots, and a 11.28 -acre lot). Now instead of using the 11.28 -acre lot for a home lot, we are planning to utilize that lot for the solar garden. The exact size will be determined by the setback required by the oil/natural gas batteries in the northeast corner of the parcel. US Solar US Solar is the company who has offered to lease our property and they intend to install solar panels that would provide electrical energy for local schools, businesses and residents who subscribe to the solar garden. The subscription reduces or eliminates the subscribers' electric bills, which can result in significant economic savings for our local community. We have chosen US Solar for their broad experience in siting, permitting, interconnecting, financing, constructing, and operating solar panels. Our parcel was selected due to: • Proximity to 3-phse distribution power lines with capacity • Power line network distance to substation with capacity • Land cover type (short or tall grasses), agricultural land, rock outcrop, or mud flat) • Suitable number of acres • Within the right utility service territory US Solar anticipates several phases as follows: • Option period: This period starts after we have signed the lease and ends with US Solar receives all the approvals to build the project, typically lasting 12-18 months • Construction period: This period begins afterthey receive all applicable agreements and permits and typically takes 2-8 months • Operations period: When the solar garden is constructed and starts producing energy We are in the final stages of reviewing the agreement provided by US Solar and will let you know when we have completed our review and are prepared to proceed. It is our understanding that once an agreement has been reached, US Solar will handle all the permits and processes required by Weld County. Sincerely, Daryl Bohlender, DOB Farm 591 L 1111(11111 IUIII Liii loll thuiuiiiii UI 111111111 IN 3738591 12(13/2410 04:16P Weld County, CO 1 of 1 R 11.00 0 0.00 Steve Moreno Clerk & Recorder MEMORANDUM OF AGREEMENT STATE OF COLORADO ss. COUNTY OF WELD rd This Memorandum is made this 3 - day of November 2010, by Noble Energy, Inc. ("Noble"), 1625 Broadway, Suite 2200, Denver, CO 80202. On October 26, 2010, Workman's Livestock, LLC, ("Surface Owner") and Noble entered into a Surface Use Agreement (the "Agreement") providing for the use of the surface of the land described below by Noble in connection with certain oil and gas operations and the compensation to Surface Owner for all damages (except as provided in the Agreement) to the surface of the land associated with the drilling, testing, completion, recompietion, reworking, reentry, pumping, operation and maintenance of the wellsites to be located in: Township 4 North, Range 65 West, 6th P.M. Section 8: NW14SW/4 This Memorandum of Agreement is executed by Noble and placed of record in Weld County, Colorado for the purpose of placing all persons on notice of the existence of the Surface Use Agreement. A true and complete copy of the Agreement is available from Noble to any person with an interest in the above -described land_ NOBLE ENERGY, INC. By: STATE OF COLORADO ) CITY AND )ss. COUNTY OF DENVER ) P. David Padgett, Attorney -in -F The foregoing instrument was acknowledged before me this day of November 2010, by P. David Padgett, Attorney -in -Fact for Noble Energy, Inc., a Delaware corporation, on behalf of sai rppmvaUcn (SEAL) ,. • NOT4p • —�- = Notary Public %+`P,UL IC,'a� My commission expires: 04124/2014 %- CC'Ot-`° UPRC G07-99HZ SURFACE USE AGREEMENT THIS SURFACE USE AGREEMENT ("Agreement"), dated effective this day of October, 2010, is made by and between the undersigned, Workman's Livest ck, LLC, whose address is 22460 WCR 39, LaSalle, Colorado 50645, herein called "Owner", and Noble Energy, Inc., 1625 Broadway, Suite 2200, Denver, Colorado 80202, herein called "Noble"; WHEREAS, Owner represents that they are the surface owners and in possession of an interest in part or all of the surface estate for the following described lands in Weld County, Colorado, said land herein called "Lands", to wit; Township 4 North, Range 65 West, 6th P.M. Section 8: NW/4SW/4 LIPRC G07-99HZ WHEREAS, Owner recognizes that Noble has the right to conduct operations on the Lands pursuant to Oil & Gas Lease(s) covering the Lands and Owner and Noble desire to minimize any surface damage to the Lands and to reach an agreement regarding such surface damage; NOW, THEREFORE, in consideration of the and other valuable consideration, the sufficiency of which is hereby acknowledged, Owner and Noble agree as follows: 1. Payment to Owner. Prior to commencement of drilling operations on the Lands, Noble shall pay Owner the following sum as full settlement and satisfaction of all damages growing out of, incident to, or in connection with the usual and customary exploration, drilling, completion, deepening, refracing, recompletion, reworking, equipping and production operations, unless otherwise specifically provided herein: A. for the proposed wellsite located on the Lands in which Owner owns the entire surface estate, together with any lands used for road purposes, production facilities, pipelines, flowlines or other necessary facilities in connection with the wellsite, including utility easements from third parties which may be necessary for the operation of an electric motor on a pump jack. B. If, by reasons directly resulting from the operations of Noble, there is damage to real or personal property upon the Lands which is not associated with usual and customary operations, including, but not limited to, damage to livestock, structures, buildings, fences, culverts, cement ditches, irrigation systems, and natural water ways, such damage will be repaired or replaced by Noble, or Noble will pay reasonable compensation to Owner for such additional actual damage or an amount equal to the reasonable costs to repair such actual damages. Page 1 of 3 C. Owner agrees to notify any surface tenant that may be affected by Noble's operations on the Lands and Owner may allocate the payments made hereunder with such surface tenant as they shall mutually determine between themselves and Noble shall have no liability therefore. 2. Consultation. If requested by Owner, prior to heavy equipment operations on each wellsite, Noble's representative will meet and consult with Owner (or Owner's representative) as to the location of the wellsite, access road, flowlines, tank batteries and other associated production facilities. 3. Noble Obligations. In conducting operations on the Lands, Noble shall: A. Locate the wellsite, access road, flowlines, tank batteries and other associated production facilities as depicted on Exhibit "A" attached hereto and by this reference made a part of this Agreement. B. Limit the size of each wellsite to approximately 500 feet by 530 feet during any drilling, completion, recompletion or workover operations and shall be no more than 1/4 acre in size during other periods. The area required for any tank battery location associated with each well shall be limited to approximately one-half acre in size upon completion of construction. Access roads shall be limited to approximately 30 feet in width during drilling, completion, deepening, refracing, recompletion, reworking, equipping and production operations. Tie permanent access roads to the wellhead and tank battery location shall be limited to 15 feet in width. C. Separate the topsoil at the time of excavation of pits so that the topsoil and subsurface soil can be placed back in proper order as nearly as possible. D. Reclaim the wellsite as nearly as practicable to its original condition and if the location is in pasture, reseed the location with native grasses. Weather permitting, reclamation operations shall be completed within three months following drilling and subsequent related operations, unless Noble and Owner mutually agree to postponement because of crop or other considerations. E. Use reasonable efforts to keep the well, Lands, and production facilities free of weeds and debris. 4. Waiver of Thirty Day Notice. Owner hereby waives the minimum thirty - day written notice requirement described in the Notice Letter provided by Noble to Owner when it initially gave notice of its intent to drill on the Lands. S. Successors and Assigns. When Noble is used in this Agreement, it shall also mean the successors and assigns of Noble, as well as its employees and officers, agents, affiliates, contractors, subcontractors and/or purchasers. This Agreement shall be Page 2 of 3 binding upon and inure to the benefit of the heirs, successors and assigns of Owner and Noble and may be executed in counterparts. 6. Confidentiality. Owner agrees to keep the amount of consideration paid hereunder by Noble confidential and shall not disclose such information without the advance written consent from Noble. Noble may record a me lorandum evidencing the existence of this Agreement. 7. Governing Law/Venue. This Agreement shall be interpreted according to the laws of the State of Colorado. Venue for any dispute shall be Weld County, Colorado. 8. Written Modifications/Notices, This Agreement may only be amended in. writing signed by both parties. All notices to either party shall be in writing addressed to the parties at the address first set forth above. AGREED TO AND ACCEPTED AS OF TIME DATE FIRST WRITTEN ABOVE. :/'WOJIf AN'S LIVESTOCK, LLC By: . NOBLE ENERGY, INC. By: P. David Padgett Attorney -In -Fact Page 3 of 3 9 mbw Exhibit "A" Attached to and by reference made a part of that certain Surface Use Agreement dated OcI I 2010, by and between Workman's Livestock, LLC, as "Surface Owner" and Noble Energy, Inc. as "Noble" covering the following lands: Township 4 North, Range 65 West, 6th P.M. Section 8: NW14SW14 Weld County, Colorado N w Road Access Flowline ...___a.___ Tank Bafsery E January 5, 2020 Diana Aungst Planner II Weld County Department of Planning Services 1555 N. 17th Avenue - Greeley, Colorado 80631 Dear Diana, In conjunction with the application process for DOB FARM PUD we are requesting several waivers. We are applying for a "PUD with estate zone uses" since there are no public sewer services available. The PUD lots will also not be applying for domestic water wells and instead will utilize CCWCD water taps. Lastly there will not be asphalt paved roads accessing the lots. For these reasons we are requesting these waivers: 1. Decrease lot sizes for Lots 1 & 2 from 2.5 to 2.0 acres 2. Internal roads will consist of road base material instead of asphalt paving. 3. To not be required to provide curbs, gutter or sidewalks. Please let us know if you have any questions related to these waiver requests. Sincerely, Daryl Bohlender DOB Farm Diana Aungst From: Cory Sheahen <Cory.Sheahen@pdce.com> Sent: Monday, June 21, 2021 12:30 PM To: Diana Aungst Subject: RE: D O B Farms Access Closure Update Caution. This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Diana, Per our discussion last week. I am writing to let you know that we have closed the access that the county requested be closed, and we are now accessing our existing location using the below designated route in which we executed a shared access agreement with Chevron to do so. The blue route being the shared portion, and the orange being Cheveron's existing access. Circled in R n ' ed is the access that was closed I _ J a •: I.............' 'i �p r xi .1. PARCEL + a y ` E:a f ` • 6 .11 'rv•l .ai. -taaS. { rI41 A : a y lry pl 'GJy '- y �" a ; F ' CI M a � h 1 Y I��y �� fY �y I llrv� F!"y 1f1�.�� I � lrvh . tir 1 ' z"'f i -K. 1 rf?f ru Ila t�ti+n• yyyy�� y1-'b�'J"•li 1�f ' M" +/ �?" " ry r 11r�1 t. '� e I• f �/t4�aT^p}m{ ry I11 9 y !'jY�. '1I ry ct i� aJ 'F1,CC L 1 6 .y 2`�' a 151�� R(� 1 \\\I''J 'd {ry a �.+• r '! I' Y�iy, 'a I�' i � I y` �i� �r (I�•X �yr G a I�L'�.�lo .��r' .t I i I ' y�' 4'�I 'M, �t,' • � M.. y.. '• I:.+1*n irvii' J-7Fr yyppfr �r> 1 a' _ _ • b•Z .N'F r a l r.a ��u p1M (1 1.. I F I y 1_ .....4- _. . .Yif Yw� •• fi ry ' a' 1q- �,^.e FC''� i � CK a vi_.a�i� Y a c I .K/ 1 F�a1 a.;_ • 't"� s Tws4fa—+..ra Is U- '1 _ _r ` 4 f If F .. _ .. 1 --I • N 1. /-. • ��:'rj - IY•1+..-.x.12: '• • 4 • l . -.. . . 4-, . . .-I. ..--.. ,- .-_.__., .. • -.- F- :- • 1 '1i 7 'i[i ' 1..1. .. rv. ul 1rt, I • t � l , t • I 1 N.I it Thanks, t. 0 PDC ENERGY Cory Sheahen Surface Land Negotiator 4000 Burlington Avenue Evans, Colorado 80620 Cory. Shea henM udce.com Office: (970) 313-5562 Cell: (970) 342-0766 pdce.com From: Cory Sheahen Sent: Tuesday, June 15, 2021 9:25 AM To: daungst@weldgov.com Subject: D O B Farms Access Closure Update Si Diana, I know it has been a while since we visited on this. I wanted to touch base regarding the D O B Farms access closure that was requested of PDC. We have made some progress in doing so but I had a few quick questions for you on the next steps here. Could you please call me at your earliest convenience at the number below. 970-342-0766 Thank You! 4 PDC ENERGY Cory Sheahen Surface Land Negotiator 4000 Burlington Avenue Evans, Colorado 80620 Cory. S hea hen (a) pdce .com Office: (970) 313-5562 Cell: (970) 342-0766 ndce.com 2 Notice of Inquiry Development within a Coordinated Planning Agreement or Intergovernmental Agreement (CPA or IGA) Boundary Date of Inquiry 3/11/2019 Municipality with CPA or IGA y�,, Name of Person Inquiring Daryl gamer Property Owner DOB FARMS Planner Diana Aungstdaungst@wSgov.com Legal Description (.ot A RE -4792 part N25W4 8-4-65 Parcel Number 1055.08-3-000445 Nearest Intersection 0.25 miles north of CR 46 on CR 39 Type of Inquiry Propsed 3 -Lot Subdivision The above person inquired about developing a property Inside your designated CPA or IGA boundary. This person has been referred to community by Weld County Planning to discuss development options on this site. Visit Chapter 19 of the Weld County Corse for specifics on your agreement Weld County Comments e property Nes within the Town of Evans - Weld County CPA, Does the Town want to discuss annexation, a agreement of provide other co meats? r Name/Title of Municipality Representative Municipality Comments Kim Oglemieuuiaeinvemn Signature of Weld County Planner Pthse serum the signed form to: Weld County Planning Department 1555 N rots Avenue, Greeley, P080631 (970) 3536100 »3540 "' 4970)304-6498 fax sentntive INBOUND NOTIFICATION ; FAX RECEIVED SUCCESSFULLY 'c TIME RECEIVED REMOTE CSID DURATION PAGES STATUS March 1, 2019 at 10;17;03 AM MST 29 1 Received Mar, 1, 2019 10:21PM No, O6 Notice of Inquiry development within a Coordinated Planning Agreement or Intergovernmental Agreement (CPA or IGA) Boundary 1 Date of Inquiry 4/1312018 Municipality with CPA or IGA La Salle IGA Name of Person Inquiring ❑eWayne Bohlender Property Owner DOS Farm LLC Planner DlannAungstdaungst@weldyov.com LegoI Description PT N25W4 8455 LOTA REC EXEMPT RE -4792 Parcel Number 1055-0830-0045 CR 39 and CR 46 Nearest Intersection Type of inquiry 2 -Lot PUD (PRE19-10103 The above person Inquired about developing a property Inside your designated CPA or IGA boundary. This person has been referred to community by Weld County Planning to discuss development options on this site. Visit Chapter 19 of the WeJd County Code for specifics on your agreement Weld County Comments ID O you wish to annex? Name/T/ title of Municipality Representative 1) 0` ��"' Municipality Comments ` S Clef - i 1i c t* - - -. S *i r css �c a 2V Anee n nwn cF 14X6e.`\t. �l ILL M1 -� JY Signature of Weld County Planner Signature of Municip ' y Represe ntative Plesae return the signed form to; Weld County Planning Department £555 N 171h Avenue, Greeley, CO 80631 (970) 353.6100 x3540 " (970)3114-6498 fax INBOUND NOTIFICATION [ME RECEIVED irch 1, 2019 at 10:17 r, 1, 2019 10.21 PM 03 AM MST REMOTE CSID DURATION PAGES STATUS 29 1 Received No. 0765 Notice of Inquiry Development within a coordinated Planning Agreement or Intergovernmental Agreement {CPA or IGA) Boundary P. 1 Date of Inquiry 4/13/2018 Municipality with CPA or IGA La saIle IGA x.e. Name of Person Inquiring Dc Wayne Bohlender DOB Farm LLC Property Owner Planner Diana Aungstdaungst@weldgcv.com Legal Description PT N25W4 B 4 b5 LOTA REC EXEMPT RE -4192 Parcel Number 1055-0830-0045 Nearest Intersection CR 39 and CR 46 Type of Inquiry 2-LotPUD(PRE1B-0103) The above person inquired about developing a property Inside your designated CPA or IGA boundary. This person has been referred to community by Weld County Planning to discuss development options on this site. Visit Chapter 19 of the Weld County code for specifics on your agreement. Weld County Comments ©o you wish to annex? Name/Title of Municipality Representative sJ CC4 ZSo ° awr` CV4 Municina litu Comments IN �c\ etc a; ur• 1 $ fD'c V-CL6i\'#t Gig N S -5' rhs_. nCra xo� - 2 a1�pr�.n u h Wo\k CytAAs L): - Signature of Weld County Planner Signature of Municip• y Representetive Please return the signed form to: Weld County Planning Dapartment 1555 N 27' Avenue, Greeley, CO 80631 (970) 3538100 x3540 M (970) 904-649a fax Weld County Treasurer Statement of Taxes Due Account Number R5340308 Parcel 105508300045 Legal Description Situs Address PT N2SW4 8465 LOT A REC EXEMPT RE -4792 I Account: R5340308 DOBFARM LLC 22240 COUNTY ROAD 39 LA SALLE, CO 80645-8727 Year Tax Adjustments Interest Fees _ Payments Balance Tax Charge 2020 $139.64 $0.00 $50.00 ($189 Total Tax Charge $0.00 Grand Total Duc as of 0 9/1 5/202 1 $0.00 TD 1000 Tax Billed at 2020 Rates for Tax Area 0139-0139 $50.00 Authority Mill Levy Amount Values Actual Assessed WELD COUNTY 150380000* $45.88 AG -SPRINKLER $10,487 $3,040 SCHOOL D]ST REI 14,6920000* $44.81 IRRIGATED LAND NORTHERN COLORADO WATER 1.0000000 $3.05 AG -WASTE LAND $22 $10 (NC Total $10,509 $3,050 LASALLE FIRE 5.1540000 $15.71 AIMS JUNIOR COLLEGE 63050000 $19.23 HIGH PLAINS LIBRARY 3.1810000 $9.70 WEST GREELEY CONSERVATION Taxes Billed 2020 * Credit Levy 0 4140000 $1.26 45.7840000 $139.64 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE I IFMHrII r1FR (1R TCl An11FRTISIMr] AMl rlICTRAInIT tAIAODAFIT CCCQ Weld County Treasurer's Office 1400 N 17th Avenue PO Box 458 Greeley, CO 80632 Phone: 970-400-3290 Pursuant to the Weld County Subdivision Ordinance, the attached Statement of Taxes Due issued by the Weld County Treasurer are evidence that as of this date, all current and prior year taxes related to this parcel have been paid in full. Signed. Date: I Hello