HomeMy WebLinkAbout20194694.tiffRESOLUTION
RE: GRANT APPEAL OF THE DECISION BY THE DEPARTMENT OF PUBLIC WORKS TO
DENY ACCESS PERMIT, AP19-00242 - NWC DEVELOPMENT, 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, pursuant to Sections 2-4-10 and 12-5-100 of the Weld County Code, the
Board of County Commissioners considered the appeal of the decision by the Department of
Public Works to deny Access Permit AP19-00242 for the Appellant, NWC Development, LLC, and
WHEREAS, the Board heard testimony and took evidence from Department of
Public Works staff and the appellant, and
WHEREAS, upon consideration of such appeal, including a review of all information
submitted by the appellant and the Department of Public Works, the Board deems it advisable to
grant the appeal of NWC Development, LLC, reverse the decision of the Department of
Public Works, and remand the issue back to staff with instruction to issue Access Permit
AP19-00242 with the Condition of Approval as set forth herein.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the appeal of NWC Development, LLC, regarding the denial of
Access Permit AP19-00242, be, and hereby is, granted, and the decision of the Department of
Public Works to deny said Access Permit is reversed and remanded back to staff with instruction
to issue said Access Permit with the Condition of Approval set forth herein.
BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County,
Colorado, that as a condition of the granting of this appeal and issuing Access Permit
AP19-00242, the applicant shall remove the access previously granted under Access Permit
AP12-00062.
c.c.: PwCOC-/ E (CH),
Q.,PPI..
12/20/19
2019-4694
EG0076
PL2607
APPEAL OF THE DECISION BY THE DEPARTMENT OF PUBLIC WORKS TO DENY
ACCESS PERMIT, AP19-00242 — NWC DEVELOPMENT, LLC
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 4th day of November, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, CO j ORADO
ATTEST: dat,AgivGu..aCll4��
Weld County Clerk to the Board
ounty orney
Date of signature: II/2-O�1
arbara Kirkmeye/, Chair
Steve Moreno
2019-4694
EG0076
PL2607
MEMORANDUM
TO: Board of County Commissioners
DATE: November 4, 2019
FROM: Dawn Anderson, Public Works
SUBJECT: Appeal of Access Permit Denial for NWC Development, LLC
(Douglas D. and Joyce K. Fred)
Weld County Public Works received an access permit application from NWC Development, LLC in April,
2019. The permit application was for a permanent access for a natural gas pipeline/valve site located on
CR 86 just east of CR 49. The property is owned by Douglas D. and Joyce K. Fred (Parcel #
071106000001) and an authorization form signed by the owner was submitted with the application. The
parcel has one existing oil and gas access that public works issued in 2012 under permit number AP12-
00062 (Exhibit A). The existing approved access point on CR 86 is located at a distance of 520 feet east
of CR 49 but was never constructed. The new access request is for a point on CR 86 a distance of 150
feet east of CR 49.
Public Works staff denied the request for a new oil and gas access at the proposed location based on the
fact that this parcel has an already approved oil & gas access location that meets code requirements and
the new request does not meet the spacing requirements for an access from an intersection.
8-14-30.A, Access to a Single Parcel. Each parcel shall be limited one access point for safe ingress and
egress, which may be an existing or nevv shared access, except if allowed pursuant to Subsection E., below.
8-14-30.1, Access Spacing Criteria. The following Table reflects the minimum access spacing criteria for
county roadways and intersections.
Table IMinimum Access Spacing Criteria (Fee
Access
Element
Arterial
Collector
Local
Distance
between
intersections
Signalized
2,640
i !/A
N/A
Unsignalized
1,320
1,320
330
Distance
between
accesses and intersections
660
660
330
Distance
between
access
points
660
330
150
Distance
between
access
points in subdivisions
660
330
75
Upon being informed that the requested access was being denied, Public Works staff received a variance
request and hardship, see Exhibit B. In summary, this email states that the owner of the property does not
want the access point an additional 180 feet from the valve site location as they want to keep that area as
grazing ground or put it into hay grass. They also state that this access point will only be used a couple of
times a month.
2019-4694
WCR 86 is a gravel local road as identified on the County's functional classification map. The most recent
traffic counts were taken May of 2012 and listed an ADT of 10 vehicles per day with 18% trucks and an 85th
percentile speed of 48 MPH.
Upon inspection it was noted that there were not any site distance safety concerns, only spacing criteria
concerns. Public Works staff would be supportive of an approval of the requested access point, but
requests that the new access replace the existing 2012 permit, that was never constructed, in order to meet
the goal of no net increase.
I'm available to answer any questions you may have.
Exhibit A
Nearest Intersection WCR:
Distance From Intersection:
Number of Existing Accesses:
Planning Process:
R
Weld County Public Works ept.
1111 H Street
P.O. Box 758
Greeley, CO 80632
e
r
LINTY CCESS P MIT
J
Phone: (970) 304-6496
After Hours: (970) 356-4000
Emergency Services: (970) 304-6500 x 2700
Inspection: (970) 304-6480
it Number API2-00062
Issuance of this permit binds applicant and its contractors to all requirements, provisions, and ordinances of Weld County, Colorado.
Project Name: Fred 6-7-64 1H
Applicant Information:
Name: Jenni Sudduth
Company: Chesapeake Operating Inc
Phone: 405-935-2165
Email: jenni.sudduth@chk.com
Location:
Access is on WCR: 86
86
528
ad Surface Type & Construction Information:
Road Surface: Other
Culvert Size & Type:
Start Date: 08/01/2012 Finish Date: 08/01/2013
Materials to Construct Access:
Crushed Rock
Required Attached Documents Submit -d:
Traffic Control Plan: Yes
& WCR: 49
Certificate of Insurance:
Expiration date: 08/06/2012
Property Owner Information:
Name:
Company:
Phone:
Email:
Dale Fred
Proposed Use:
Temporary:
Single Residential:
Industrial:
Small Commercial:
Oil & Gas:
Large Commercial:
Subdivision:
Field (Agricultural
Only)/Exempt:
Access Pictures:
Yes
A copy of this permit must be on site at all times during construction hours
Daily work hours are Monday through Friday DAYLIGHT to %/% HOUR BEFORE DARK (applies to weekends if approved)
Approved MUTCD traffic control/warning devices are required before work begins and must remain until completion of work
Special Requirements or Comments
Janet Carter, Weld County Public Works
Print Date -Time: 4/3/2012
1:59:40PM
Report ID: PW00008v002
Page 1 of 1
exhibit � —�
Tiffnee Lamb
From:
Sent:
To:
Subject:
Follow Up Flag:
Flag Status:
Albulushi, Mutasem <Mutasem.Albulushi@tetratech.com>
Monday, July 1, 2019 12:41 PM
Tiffnee Wertenberger
RE: CR. 86 Access
Follow up
Flagged
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 Tiffnee,
The landowner don't want us to have to add 180 additional feet to our access to the valve site. They want to keep that
as grazing ground, or put it into hay grass. They especially don't want 180 "needless" feet of gravel along the north edge
of their pasture, as the horses will knock it around, and spread it out.
If there is any way that Weld County will allow a variance on this, especially since it will only be used a couple times a
month, the landowner would much prefer to keep the access at the valve, instead of 180 feet east of the valve location.
Please let me know if we can get a variance on this access point.
Best regards,
Mo
Mutasem Albulushi I Energy. Engineer
Tel +1.703387.2100 Direct .44..703.3 7.2139 I Cell +1.216.526.2466 I mutasem.albulushi@tetratech.com
Tetra Tech I Complex World, Clear Solutions'- 1320 North Courthouse Road, Suite 600, Arlington, VA 22201 USA
This message, including any attachments, may include privileged, confidential and/or inside information. Any distribution or use of this communication by
anyone other than the intended recipient is strictly prohibited and may be unlawful. If you are not the intended recipient, please notify the sender by replying
to this message and then delete it from your system.
0
TT
Please consider the environment before printing. Read more
TIE
H
From: Tiffnee Wertenberger <twertenberger@weldgov.com>
Sent: Monday, June 24, 2019 10:34 AM
To: Albulushi, Mutasem <Mutasem.Albulushi@tetratech.com>
Subject: CR. 86 Access
CAUTION: This email originated from an external sender. Verify the source before opening links or attachments.
Good morning Mo,
Pirl WELD COUNTY
girt ONLINE MAPPING
/AP,12 -000&
Chesapeake
411749
558.56 1,117.1 Feet
l I
WGS 1984_ Web_Mercator Auxiliary_Sphere
c Weld County Colorado
This map is a user generated static output from an Internet mapping site and is for
reference only. Data layers that appear on this map may or may not be accurate,
current, or otherwise reliable.
THIS MAP IS NOT TO BE USED FOR NAVIGATION
s
r
Legend
Parcels
Access Permits
•
O
O
d
O
O
O
X
O
Other
Agriculture
Residential
Oil and Gas
Small/Large Commercial
Industrial
Subdivision
Temporary
TO BE CLOSED
NO TYPE SPECIFIED
Functional Classifications
Arterial
a Collector
Weld County Maintained Road
Paved Road
Gravel Road
Jointly Maintained Roads
Highway
County Boundary
Notes
c.h
n r)r
WELD COUNTY
ONLINE MAPPING
i
Os* `l
rAft
lit .
139.6
69.82
I
139.6 Feet
WGS_1984_Web_Mercator_Auxiliary_Sphere
Weld County Colorado
330ft
M
H
Auuess location
proposed by Weld
County to meet
min. spacing
criteria (Table
12A-2)
AP 12-00062
permitted, never built
AP 12-00c132
Chesapeake
1: 838
c.)J
I his map is a user generated static output from an Internet mapping site and is for
reference only. Data layers that appear on this map may or may not be accurate,
current, or otherwise reliable.
THIS MAP IS NOT TO BE USED FOR NAVIGATION
Fort Collins
Boulder
Denver
•
Legend
Parcels
Floodplain - 500 Year
Floodplain - 100 Year Zone A
Floodplain - 100 Year Floodwa
Floodplain - 100 Year Zone AE
Floodplain - 100 Year Zone Al-
Floodplain - 100 Year Zone AC
Access Permits
•
O
O
O
0
O
O
O
Other
Agriculture
Residential
Oil and Gas
Small/Large Commercial
Industrial
Subdivision
Temporary
TO BE CLOSED
NO TYPE SPECIFIED
Functional Classifications
Arterial
Collector
Weld County Maintained Road
Paved Road
Gravel Road
Jointly Maintained Roads
Hinh1ninv
Notes
(m)
TETRA TECH
October 15, 2019
Weld County Board of County Commissioners
1150 O Street
Greeley, Colorado 80631
RE: Formal Request to appeal the decision of the Weld County Public Works Department to deny the
approval of a proposed Weld County Road 86 access location due to the proposed access not
meeting minimum spacing requirements per the Weld County Code.
Dear County Commissioners,
NWC Development, LLC (NWC) is formally requesting a hearing to appeal the decision made by the Weld
County Public Works Department to deny approval of access permit application AP19-00242, per the appeals
process called out in both Section 12-5-130 and Section 2-4-10 of the Weld County Code. The proposed access
was denied by the Weld County Public Works Department due to the location of the access not meeting code
section 12-5-130. A. This section of the Code explains that the access must meet minimum spacing requirements
per the Weld County Engineering and Construction Guidelines, Chapter 6.3 Access Control Plan. Per the Access
Control Plan (Table 6-2 Minimum Spacing Criteria), the minimum distance between an access point and an
intersection is 330 feet when the access is off a local roadway. The access point being proposed is off Weld
County Road 86 (a local road), approximately 165 feet east of the intersection of Weld County Road 86 and Weld
County Road 49. The access point will be onto a parcel of land owned by Douglas and Joyce Fred (Landowners).
NWC needs an access point in this general location to have access to a valve site along their gas pipeline that
runs through the Fred's property.
The reason NWC is requesting the access point in the proposed location is because they have been
working with the Landowners to be responsive to their desires for how to minimally impact their property with the
pipeline. NWC already worked out an easement agreement regarding the location of the gas pipeline and valve
on their property (copies of easements attached). A next step was to obtain an access permit to get access to the
valve along the pipeline. The Landowners told NWC that they want the access to be located directly north of the
valve to minimize the impact of the access on their property.
Attached is a letter from the Landowners explaining their request. In their letter they explain that they
want the access to be located directly north of the valve because if the access to the valve site is located 330 feet
east, the crushed rock access driveway that would be built from the access point back to the valve site would be
longer than it needs to be and having a longer access road would then result in the need for additional fence and
maintenance concerns with their pasture land. The Pasture land is also currently registered in the Conservation
Reserve Program (CRP) as such this additional area for the road would negatively affect their available land
allowed to be registered as CRP land. Therefore, they'd like the access road to enter their property directly north
of the valve site location to limit the site surface use footprint.
Tetra Tech
1900 South Sunset Street, Suite 1-E, Longmont, CO 80501
Tel 303-772-5282 Fax 303-772-7039 www.tetratech.com
TETRA TECH
Weld County Board of County Commissioners
October 15, 2019
NWC pushed the access point as far east as possible while remaining adjacent and north of the valve
site. This is how the proposed access location 165 -feet west of the intersection came to be. (See attached Map
Figure 3). NWC would like to be able to honor the Landowner's request related to the location of this access
point.
We understand that it is important to the County to minimize access points to maintain safety along the County
roads. However, because of the remote site location (approximately 7.5 miles east of Ault and over 1.5 miles
north of State Highway 14 - see attached Figures 1 and 2), the fact that the access will be taken off of a local
County road that has very little traffic and the topography in the area being relatively flat (see attached photos),
on behalf of the Landowners, NWC is respectfully asking the County Commissioners to approve of this access
point location. In addition, this access location will be the first access granted on this quarter section of vacant
pasture land. In addition, while the proposed 165 -foot distance from the intersection does not meet the minimum
spacing requirements for a designated local road access point from an intersection, the distance would meet the
150 -foot minimum spacing requirement between access points along a local road.
NWC anticipates that the proposed access would be used on a regular schedule once every three to four months
to perform quarterly maintenance of the pipelines and in no case would the site be accessed for more than five
times in any 1 -month period.
NWC understands that the Weld County Public Works Department is held to following County standards and
therefore must recommend denial; however, for the reasons identified above we are asking for the Board to
please consider granting approval of this access location though this formal appeals process.
Thank you for your time and consideration of this request.
Sincerely,
TETRA TECH
'"Q\,604.11, -k
Ryder Reddick
Planner III
Attachments:
• Property Owner Letter to BOCC Requesting Appeal of Public Works Decision
• Recorded Surface Use Area Easement Documentation (Reception # 4479325)
• Recorded Pipeline Easement Documentation (Reception # 4479318)
• Proposed Access Site Photos
• Three (3) GIS Maps including:
- Site Vicinity Map (Figure 1)
Parcel Location Map (Figure 2)
Proposed Access Location Map (Figure 3)
O:\Projects\Longmont\195516\200-195516-18001\Deliverables\2. All Pipeline Apps\Ault Lateral\Weld County Road 86 Access Appeal to BOCC\1. Draft Memo to the BOCC.docx
Page 212
October 9, 2019
Weld County Public Works Department
1111 H Street
P.O. Box 758
Greeley, CO 80632
Dear Weld County Commissioners,
NWC Development LLC (NWC) recently installed a pipeline and valve along the north edge of property
located east of the intersection at WCR 49 and WCR 86, which is owned by us, Douglas and Joyce Fred.
NWC's Pipeline Easement and Right of Way Grant (Grant) begins five (5) feet south of Weld County's
easement into our property (from WCR 86) and is thirty (30) feet wide. Included in their Grant is a valve
site, documented in the Grant to be located in the furthest northwest corner of our property, next to
the intersection of WCR 49 and WCR 86. The valve site easement is seventy-five (75) feet by seventy-five
(75) feet, encompassing the thirty (30) feet referenced above with another forty-five (45) feet south and
begins east of Weld County's easement (from WCR 49) and extends seventy-five (75) feet wide across
the land.
In our discussions prior to the execution of the Grant and prior to the construction and installations of
the pipeline and valve, NWC indicated to us that should they need any access into the valve site for
periodic inspections and maintenance, the access would be located at the valve site and non -intrusive to
our property.
NWC recently informed us that Weld County Public Works Department has objected to the installation
of the access at the valve site, and instead is requesting that the access be three hundred thirty (330)
feet east of the nearest intersection, to comply with a county -wide rule. According to NWC, this will
require NWC to build a road through the pasture, back west to the valve site, which would consist of
road base material and gravel.
A gravel road in our pasture is not what we expected, nor was it referenced as a possibility in any
discussions with NWC. To the contrary, NWC indicated that we, as the Grantor, would have the right to
fully use and enjoy the subject lands without intrusions to any livestock in our pasture (to be placed
there upon commencement of the current Conservation Reserve Program (CRP) contract on the subject
lands). To comply with CRP contract requirements and to re-establish grass upon the subject lands, the
Grant states that the subject lands disturbed within the easement during the installation of the pipeline
would be restored (and reseeded with seed approved by the Weld County Farm Services Agency) to the
condition that existed prior to the construction and installation of the pipeline. Because it is important
for us to use the subject lands in the easement for future grazing of livestock, the Grant allows us to
construct a fence to encompass the easement. Installing a gravel road, parallel with the pipeline within
the easement would inhibit our ability to fully use and enjoy the subject lands and would prohibit
livestock from grazing on the subject lands. In addition, a gravel road installed parallel to the pipeline
within the pasture creates several safety concerns, not only for livestock (due to potential harm caused
by treading on uneven graveled surfaces), but also for the pipeline itself. As a result of the safety
concerns of the pipeline, NWC included language within the Grant that prohibits us, as the Grantor,
from constructing a road parallel with the pipeline within the easement (to avoid potential damages to
the pipeline and creating hazardous situations from the products being transported through the
pipelines).
By placing the entrance of the access at the valve site, there would be much less impact on the pasture,
the livestock and the pipeline itself and would align with our expectations from the discussions with
NWC and the language within the Grant. Having lived in this area and traveling daily to the intersection
of WCR 49 and WCR 86 (both walking and driving to retrieve our mail), we can attest to the fact that
there is minimal traffic on WCR 86 on any given day or time of day. In addition, visibility in each direction
of WCR 86 and at the intersection of WCR86 and WCR 49, is greater than half a mile with no
obstructions. The two or three vehicles per month servicing the valve and exiting onto WCR 86 at the
valve site from the easement would not create any significant traffic hazards for travelers on WCR 86 or
at the intersection. In reality, these service vehicles would likely be the only vehicles on the road at the
time they are exiting or entering WCR 86.
In consideration of the information provided above, it is our desire to have the access entrance to the
pipeline valve be at the valve site (which is currently located east of intersection of WCR 86 and WCR
49). Therefore, we are respectfully requesting that Weld County Board of Commissioners consider
allowing an exception to the three hundred thirty (330) foot requirement to enable the entrance of the
access to be at the valve site. We would be most grateful for the granting of this exception and
allowance. Thank you for your time and consideration of this request.
Respectfully,
Douglas and Joyce Fred
41008 County Road 49
Ault, CO 80610
541-740-4891 and 541-760-1345
4479325 04/08/2019 08:04 AM
Total Pages: 5 Rec Fee: $33.00
Carly Koppes - Clerk and Recorder, Weld County, CO
PIPELINE FACILITY EASEMENT
FOR IN CONSIDERATION OF THE SUM OF Ten and more Dollars, the receipt of which is hereby
acknowledged, Douglas D. Fred and Joyce K. Fred, whose address is 41008 County Road 49, Ault, CO 80610, hereinafter
referred to as Grantor, whether one or more, does hereby grant and convey unto NWC Development, LLC, whose address
is 5956 Sherry Lane, Suite 825, Dallas, TX 75225, its successors and assigns, hereinafter referred to as Grantee, the
perpetual right and permanent easement (referred to herein as "Easement") to access, use, construct, install, maintain,
inspect, operate, replace, change or remove a valve and appurtenant equipment used in connection with Grantee's pipeline,
and including, if Grantee desires to do so, a steel bollard type pipe fence to enclose same, or any part thereof, on the
following described land, situated in Weld County, State of Colorado, to wit:
A 75 foot by 75 foot tract of land located in:
Township 7 North, Range 64 West, 6th P.M.
Section 6: NW/4NW/4NW/4
Also known as Parcel #071106000001 by the Weld County Assessor's office.
For said Consideration, Grantor hereby warrants and guarantees that they are the owners in fee simple of the
above -described land and hereby agrees that said Easement within the land may be used for the purposes herein provided.
Grantee shall at all times have full rights of ingress and egress to and from said Easement, as referenced within the Pipeline
Easement and Right of Way Grant, for the full enjoyment by Grantee of the rights herein granted.
This Easement shall be bound by the terms and conditions, of that certain Pipeline Easement and Right -of -Way
Grant and Compensation Agreement executed on [V1Q j, 2019 by and between the parties hereto and shall
include, but not be limited to, the provisions for access, restoration, maintenance, and the associated rights of Grantor and
Grantee as set out in same.
The terms, covenants and provisions of this Easement shall extend to and be binding upon the heirs, executors,
administrators, personal representatives, successors and assigns of the parties hereto.
The Grantor covenants that, subject to restrictions and easements of record, if any, (i) they have the right to convey
the Easement to the Grantee; (ii) the Grantee shall have quiet possession of the Easement, free from all encumbrances; and
(iii) they have done no act to encumber title to the property on which the Easement is located except easements of record.
IN WITNESS WHEREOF, the Grantor herein has hereunto set his hand and seal this ►.S , day of
MAP. Gtf ,2019.
GRANTOR:
Douglas D. F ed
Joyce
Do
g
red
Joyce K. Fred
GRANTEE:
evelopment, LLC
C. Karo
A . Autho.'zed Representative for NWC Development,
LLC
(Acknowledgement page follows)
4479325 04/08/2019 08:04 AM
Page 2 of 5
ACKNOWLEDGMENT
STATE OF COLORADO
COUNTY OF WELD
) ss.
)
The above instrument was acknowledged before me this / S day of j,' rte' ci.f , 2019 by Douglas D. Fred.
Witness my hand and official seal.
My commission expires: 1-377f.. z�
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
I
DUANE C. RUSSELL
- NOTARY STATE OF COLORADO
OL
Notary Public NOTARY ID 20084000127
t .4Y COMMISSION EXPIRES JANUARY 3, 2020
The above instrument was acknowledged before me this day of , 2019 by Joyce K. Fred.
Witness my hand and official seal.
My commission expires:
STATE OF COLORADO
CITY AND
COUNTY OF DENVER
)
) ss.
Notary Public
The above instrument was acknowledged before me this 15 -T -7 -clay of " c- , 2019 by James C. Karo as
Authorized Representative for NWC Development, LLC.
Witness my hand and official seal.
My commission expires: ( 3/z,.)
Ltiv�
Notary Public
DUANE C. RUSSELL
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20084000127
MY COMMISSION EXPIRES JANUARY 3, 2020
4479325 04/08/2019 08:04 AM
Page 3 of 5
PIPELINE FACILITY EASEMENT
FOR IN CONSIDERATION OF THE SUM OF Ten and more Dollars, the receipt of which is hereby
acknowledged, Douglas D. Fred and Joyce K. Fred, whose address is 41008 County Road 49, Ault, CO 80610, hereinafter
referred to as Grantor, whether one or more, does hereby grant and convey unto NWC Development, LLC, whose address
is 5956 Sherry Lane, Suite 825, Dallas, TX 75225, its successors and assigns, hereinafter referred to as Grantee, the
perpetual right and permanent easement (referred to herein as "Easement") to access, use, construct, install, maintain,
inspect, operate, replace, change or remove a valve and appurtenant equipment used in connection with Grantee's pipeline,
and including, if Grantee desires to do so, a steel bollard type pipe fence to enclose same, or any part thereof, on the
following described land, situated in Weld County, State of Colorado, to wit:
A 75 foot by 75 foot tract of land located in:
Township 7 North, Range 64 West, 6th P.M.
Section 6: NWANWANW/4
Also known as Parcel #071106000001 by the Weld County Assessor's office.
For said Consideration, Grantor hereby warrants and guarantees that they are the owners in fee simple of the
above -described land and hereby agrees that said Easement within the land may be used for the purposes herein provided.
Grantee shall at all times have full rights of ingress and egress to and from said Easement, as referenced within the Pipeline
Easement and Right of Way Grant, for the full enjoyment by Grantee of the rights herein granted.
This Easement shall be bound by the terms and conditions of that certain Pipeline Easement and Right -of -Way
Grant and Compensation Agreement executed on , 2019 by and between the parties hereto and shall
include, but not be limited to, the provisions for access, restoration, maintenance, and the associated rights of Grantor and
Grantee as set out in same.
The terms, covenants and provisions of this Easement shall extend to and be binding upon the heirs, executors,
administrators, personal representatives, successors and assigns of the parties hereto.
The Grantor covenants that, subject to restrictions and easements of record, if any, (i) they have the right to convey
the Easement to the Grantee; (ii) the Grantee shall have quiet possession of the Easement, free from all encumbrances; and
(iii) they have done no act to encumber title to the property on which the Easement is located except easements of record.
IN WITNESS WHEREOF, the Grantor herein has hereunto set his hand and seal this a,3 , day of
P14,4 e- Lk' , 2019.
GRANTOR:
Douglas D. Fred
Joyce K. Fred
Doug s D. Fre
Joyce K.'red
GRANTEE:
NWC Development, LLC
By: James C. Karo
As: Authorized Representative for NWC Development,
LLC
(Acknowledgement page follows)
4479325 04/08/2019 08:04 AM
Page 4 of 5
ACKNOWLEDGMENT
STATE OF COLORADO
COUNTY OF WELD
The above instrument was acknowledged before me this
Witness my hand and official seal.
My commission expires:
Lou.
STATE OF C-OL-ORA3O
Y;4(.j EY 0,1 Gtns-
CfiUNFY OF WELD
)
) ss.
)
day of , 2019 by Douglas D. Fred.
The above instrument was acknowledged before me this
Witness my hand and official seal.
My commission expires: cot":4 et; 1 -
STATE OF COLORADO
CITY AND
COUNTY OF DENVER
)
) ss.
Notary Public
day of, i Plat— , 2019 by Joyce K. Fred.
Notary Public
The above instrument was acknowledged before me this _
Authorized Representative for NWC Development, LLC.
Witness my hand and official seal.
My commission expires:
Susan Landaiche
Notary Public
Parish of Livingston, State of Louisiana
Notary ID Number f46812
My Corimieeion fe issued for Life
day of , 2019 by James C. Kara as
Notary Public
4479325 04/08/2019 08:04 AM
Page 5 of 5
EXHIBIT "A"
Attached to and made a part of that certain Pipeline Facility Easement, by and between Douglas
D. Fred and Joyce K. Fred, Grantor, and NWC Development, LLC, Grantee
CR 86
L'1
Valve site,
up to 75' x 75'
NW/4
I
NWC Development
Pipeline Easement Centerline
Subject
property
R64W
Section 6
T
7
N
PIPELINE EASEMENT LOCATION
Township 7 North, Range 64 West, 6th PM
Section 6: N/2N/2NW/4
Weld County, Colorado
NOT TO SCALE
drawn by Duane Russell
December 3, 2018
JAMES C KARO
ASSOCIATES
LAND' SERVICES
1750 Lafayette St., Denver, CO 80218 303-279-0789
4479318 04/08/2019 08:02 AM
Total Pages: 6 Rec Fee: $38.00
Carly Koppes - Clerk and Recorder, Weld County, CO
PIPELINE EASEMENT AND RIGHT-OF-WAY GRANT
NWC Development, LLC
This PIPELINE EASEMENT AND RIGHT-OF-WAY GRANT (this "Grant") from Douglas D. Fred and Joyce K. Fred, whose
address is 41008 County Road 49, Ault, CO 80610 ("Grantor"), to NWC Development, LLC, whose address is 5956 Sherry
Lane, Suite 825, Dallas, TX 75225 ("Grantee").
FOR AND iN CONSIDERATION OF Ten Dollars ($10.00) and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, Grantor does hereby grant, convey, and warrant to Grantee, its successors and
assigns, a Thirty (30) foot wide, exclusive, perpetual right-of-way, privilege and easement (hereinafter, together with the rights
and privileges herein granted, collectively referred to as "Easement") with the exclusive right to control, grant and approve of
any hydrocarbon pipeline crossing (containing any hydrocarbon product and/or its constituents including produced water),
together with the rights and privileges herein granted, for the purpose of surveying, constructing, installing, operating,
inspecting, maintaining, monitoring, marking, protecting, repairing, altering, modifying, changing the size of, replacing,
relocating, abandoning and removing, at Grantee's election, up to two pipelines, each of no greater than 20" 1.D., and, Grantee's
associated appurtenances, below or above ground, including but not limited to, cathodic protection equipment, valves, traps,
meters, and other equipment, (collectively, the "Pipeline(s)") for the transportation, of oil, gas, petroleum products,
hydrocarbons, water, and any products, derivatives, combinations or mixtures of any of the foregoing, through, upon, under,
along and across the following described lands located in Weld County, State of Colorado, as depicted on attached Exhibit
A, to wit:
Township 7 North, Range 64 West, 6th P.M,
Section 6: N/2N/2NW/4
Also known as Parcel #071106000001 by the Weld County Assessor's office.
The permanent Easement shall be Thirty (30) feet in width and shall be located at the most northern area of the Grantor's
subject lands that is adjacent and parallel to County Road 86. Grantee may use up to an additional Forty-five (45) feet in width
of immediately -adjacent land for the purpose of initial construction, installation, reclamation and reseeding operations
(hereinafter referred to as the "Temporary Construction Easement"). With prior notification to Grantor, additional temporary
workspace may be utilized by Grantee during initial construction for bore pits, stringing pipe, and staging areas (hereinafter
referred to as the "Temporary Workspace"). Temporary Workspace shall be approximately Fifty (50) feet by One -Hundred
(100) feet and located immediately adjacent to Temporary Construction Easement.
Grantee shall have One (1) year from the date payments are made to Grantor for Consideration of the Easement area ("Exercise
Date") to install the initial pipeline allowed in this Grant and up to Five (5) years from the initial Exercise Date to Grantor to
construct and install the second pipeline.
Grantor agrees that any payment made hereunder by Grantee of the Consideration for the Easement includes payment for any
and all anticipated damages to the subject lands, growing and future crops, timber, fences, buildings, or other improvements of
Grantor on the Easement, Temporary Construction Easement area, and Temporary Workspace area, resulting from the exercise
of the rights herein granted during initial construction of the Pipeline(s). Pre -construction payments do not remove the
obligation of Grantee to compensate for, or remediate, extraordinary or unanticipated damage to Grantor's property as a result
of Grantee's activities. Grantee shall cause reasonable payment to be made for actual damages to the Grantor's property, crops,
and fences of Grantor resulting from Grantee's activities during future exercise of any rights herein granted; provided, however,
that Grantee shall have the right from time to time, with Thirty (30) days prior notice to Grantor, to clear the Easement of any
trees, undergrowth, brush, and other obstructions located on or overhanging the Easement and shall not be liable for damages
to the same caused by clearing of the same from the Easement area.
Grantee shall have all rights, privileges and benefits necessary or convenient for the full use and enjoyment of this Grant,
including but not limited to the right of unobstructed ingress and egress across Grantor's lands lying immediately adjacent to
the Easement to the extent reasonably necessary to allow Grantee the full use and enjoyment of its rights, privileges, and
benefits. Access to the Easement and any valve site shall only be from County Road 86, or County Road 49, immediately west
of the Easement.
2019.03.15
Page 1 of 4
4479318 04/08/2019 08:02 AM
Page 2 of 6
In the event that the land to which this Easement pertains requires a permit from the Colorado Department of Transportation
(CDOT) for access from, or crossing under, CDOT-controlled roads, Grantee shall have permission to sign application and
permit as Agent for Permitee, and shall be bound by the terms of the Permit.
At the time of construction, the Pipeline(s) to be laid under this Grant shall be buried at a minimum depth of forty-eight (48)
inches below the surface of the ground. During construction, installation, replacement or similar operations, excavated topsoil
shall be segregated and replaced in the same manner as prior to construction.
Grantee agrees to restore the lands disturbed during such operations as nearly as practicable to the condition that existed at the
time immediately prior to construction and installation of the Pipeline(s), and, if applicable, reseed the same as soon as feasible
for germination with seeds as approved by the Weld County Farm Services Agency (WCFSA). If germination does not
satisfactorily occur as determined by Grantor and/or the WCFSA, Grantee shall reseed the lands disturbed until restored to as
near as practicable to the condition that existed at the time immediately prior to construction and installation of the Pipeline(s).
Grantee further agrees that, if within a reasonable time after construction, installation, replacement or similar operations, any
settling (as determined by Grantor) of the Easement or lands adjacent thereto occurs, including the Temporary Construction
Easement and the Temporary Workspace areas, Grantee shall make all necessary repairs at Grantee's sole cost and expense to
the Grantor's satisfaction.
Grantee shall have the right to install permanent gates in existing or future fence lines within the boundaries of the Easement
after the construction of the Pipeline(s) for permanent access. Grantor shall have rights of usage to said gates.
Grantee shall pay all taxes which may be levied or assessed on the installation, use and operation of the Pipeline(s) and Grantee
further agrees to promptly reimburse Grantor for the amount of taxes which may be assessed against Grantor by reason of
Grantee having installed its piping and related equipment upon the real estate of Grantor covered by this Grant.
In the event Grantee elects to abandon the Pipeline(s), Grantee shall expediently remove all above -ground appurtenances within
the Easement and shall abandon the Pipeline(s) in place, pursuant to applicable laws, rules and regulations. Upon completion
of said abandonment operations, Grantee shall restore the Easement as nearly as practicable to the condition that existed at the
time immediately prior to such abandonment operations.
Grantor shall have the right to fully use and enjoy the above -described Easement area, subject to the rights herein granted to
Grantee and the provisions of this Grant.
Grantor agrees not to build, construct, or create any obstruction, buildings, engineering works or other structures or
improvements on, across or under the Easement that may impair or interfere with Grantee's rights hereunder, without the prior
written consent of Grantee. Grantor may construct a fence (with a gate at the Easement) or road across but not parallel within
the Easement. Either party agrees not to materially increase or decrease the surface elevation of the Easement without the prior
written consent of the other party.
Grantor represents and warrants to Grantee that it is the owner in fee simple of an interest in the surface of the Easement area,
and has the full right, power and authority to enter into this Grant. Grantor hereby warrants and agrees to defend title to the
land on which this Easement is given. In the event of default by Grantor on any mortgage, tax or other lien that has priority
over this Grant, Grantee shall have the right to discharge or redeem for Grantor, in whole or in part, any such mortgage, tax or
lien, and thereupon shall be subrogated to such lien and rights incident thereto.
In the event that the land to which this Grant pertains is subject to a lease to any tenant for farming, ranching or any other
purposes, Grantor shall be solely responsible for making settlement with any such tenant or lessee for any share of the.
compensation paid for the granting of this Grant or for any share of the damages that Grantee is otherwise required hereunder
to pay to the end that Grantee shall never be required to deal with or pay compensation to any such lessee or tenant, and Grantee
may deal exclusively with Grantor.
Notwithstanding anything herein to the contrary, Grantee shall indemnify and hold Grantor harmless from and against any and
all damages, injuries, and claims of every kind, except Grantor's willful misconduct, arising out of the exercise of any rights
granted hereunder, including, without limitation, those based upon assertions of acts and omissions of any contractor,
subcontractor, workman or other entity or person on Grantor's property by reason of this Grant. Such indemnification shall
Page 2 of 4
2019.03.15
4479318 04/08/2019 08:02 AM
Page 3 of 6
include, without limitation, any claim that any act or omission constitutes violation of any State or Federal regulation or statute,
including those relating to disposal, distribution, use or placement of any contaminant or toxic substance or otherwise creating
an adverse environmental impact.
Grantee shall be liable to Grantor for any and all damages or physical injuries arising out of or relating to the actions of any
agent, employee, contractor, subcontractor, guest or invitee resulting from the negligent actions, acts or omissions of the
Grantee.
The rights and privileges under this Grant shall exist only for so long as Grantee, or its successors and assigns, operate the
Pipeline(s) within the Easement. lf, for any reason, the Pipeline(s) is not used or maintained for a period of two (2) consecutive
years, the Pipeline shall be considered abandoned. Grantee shall notify Grantor in writing within Forty five (45) days of such,
and all of the rights and privileges arising under this Grant shall be terminated. At the time of the termination of the Grant,
Grantee, or it successors, and assigns agree to promptly execute and deliver to Grantor via certified mail, and file for record
with the county clerk and recorder in Weld County, Colorado a written release of this Grant. A copy of the written release shall
be provided to Grantor within Forty-five (45) days of executed release. Termination of the rights granted hereunder shall not
relieve Grantee, its successors and assigns, from compliance with the covenants and agreements contained herein.
This Grant, which by this reference includes the associated Compensation Agreement contains the entire agreement of the
parties. This Grant shall not be construed in favor of, or against, any party hereto as a result of the identity of the drafting party.
The parties agree that should any provision of this Grant be found illegal or unenforceable, that provision shall be severed from
this Grant and all of the remaining provisions herein shall remain fully binding and legally enforceable unless the severed
portion was essential to the intended purpose of this Grant. This Grant may be executed in several counterparts and all
counterparts so executed shall constitute one agreement binding on all parties hereto, notwithstanding that all the parties are
not signatories to the original or the same counterpart. Facsimile signatures shall be accepted the same as an original signature.
A photocopy of this Grant may be used in any action brought to enforce or construe this Grant.
This Grant shall be recorded in the Weld County records with a preliminary alignment solely for the purpose of general location
and upon completion of construction and survey verification, this Grant shall be re-recorded with an "As -Built Survey" Exhibit
A.
This Grant cannot be modified, except by an instrument in writing executed by Grantor and an authorized representative of
Grantee.
The rights granted hereunder may be assigned in whole or in part, and the terms, conditions, and provisions of this Grant shall
be a covenant running with the land and shall extend to and be binding upon the heirs, executors, administrators, personal
representatives, successors, and assigns of the parties hereto.
if Grantee assigns this Grant, Grantee shall notify Grantor in writing via certified mail within Forty five (45) days of such
succession or assignment. Grantee shall provide any referenced written notifications in this Agreement to Grantor via certified
mail for any changes to this Agreement.
This Grant is to be construed in accordance with the laws of the State in which lie the lands covered by this Easement, without
giving effect to any choice of law principles that impose or attempt to impose the law(s) of another jurisdiction.
IN WITNESS WHEREOF, Grantor has executed and delivered this Grant as of this / S #day of V'C , 2019.
2019.03.15
Page 3 of 4
4479318 04/08/2019 08:02 AM
Page 4 of 6
GRANTOR:
Douglas
Joyce K F
Dougl
Joyce K. Fred
STATE OF COLORADO
COUNTY OF WELD
)
) ss.
GRANTEE:
NWC a elopinent, LLC
ACKNOWLEDGEMENT
Karo
ed Representative for NWC Development,
The above instrument was acknowledged before me this (S'"4 ay of 11;1,11-7 c , 2019 by Douglas D. Fred.
Witness my hand and official seal.
My commission expires: r {Zt
STATE OF COLORADO
COUNTY OF WELD
)ss.
Notary Public
DUANE C. RUSSELL
NOTARY PUBLIC
STATE OF COLORADO
Y COMMISSION EXPOS JANUARY 3, 2020
The above instrument was acknowledged before me this day of , 2019 by Joyce K, Fred.
Witness my hand and official seal.
My commission expires:
STATE OF COLORADO
CITY AND
COUNTY OF DENVER
)
) ss.
)
Notary Public
The above instrument was acknowledged before me this ?a-/2day of? ,4, c rr , 2019 by James C. Karo as
Authorized Representative for NWC Development. LLC.
Witness my hand and official seal.
My commission expires: *''e)
2019.0115
Notary Public
Page 4 of 4
DUANE C. RUSSELL
NOTARY PUBLIC
NOTATE OF OTARY ID COLORADO
0084000
MISSION EXPIRES JANUARY 3.20;
4479318 04/08/2019 08:02 AM
Page 5 of 6
GRANTOR: GRANTEE:
Douglas D. Fred
Joyce K. Fred
STATE OF COLORADO
COUNTY OF WELD
NWC Development, LLC
By: James C. Karo
As: Authorized Representative for NWC Development,
LLC
ACKNOWLEDGEMENT
The above instrument was acknowledged before me this day of , 2019 by Douglas D. Fred.
Witness my hand and official seal.
My commission expires:
STATE OF CODO
kr ,a- orf ez , 5
COUNTY OF WELD
Notary Public
The above instrument was acknowledged before me this 1 day ofl. , 2019 by Joyce K. Fred.
Witness my hand and official seal.
My commission expires: u4 cliCaik
STATE OF COLORADO
CITY AND
COUNTY OF DENVER
)
) ss.
)
4 C rcA-, Lda eft
Notary Public
Susan Landaiche
Notary Public
Parish of Livingston, State of Louisiana
Notary ID Number 146812
My Commission is issued for Life
The above instrument was acknowledged before me this day of , 2019 by James C. Karo as
Authorized Representative for NWC Development, LLC.
Witness my hand and official seal.
My commission expires:
201903.15
Notary Public
Page 4 of 4
EXHIBIT "A"
4479318 04/08/2019 08 02 AM
Page 6 of 6
NW COR SEC 6
FOUND 3-1/4' ALUMINUM CAP
STAMPED 'L5 22098'
65 55' (11E)
POINT OF
TERMINUS
n
0
Z
W 1/4 COR SEC 6
FOUND 3-1/4" ALUMINUM CAP
STAMPED "LS 22098'
5 0' 1000'
SCALE
1" = 1000'
NOTES
1 NO110E ACCORDING TO COLORADO LAW YOU
MUST COMMENCE ND' LEGAL ACTION BASED UPON
ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS
AFTER YOU FIRST DISCOVER SUCH DEFECT
2 THIS E76901T WAS PREPARED WITHOUT DIE
BENEFIT OF A TIRE COMMOMENT AND THEREFORE
LW SURVEY CO HAS NOT RESEARCHED OR SHOWN
ANY OTHER EASEMENTS RIGHTS -OF WAY
VARIANCES AND OR AGREEMENTS OF RECORD
EXCEPT AS SHOWN HEREON
3 TIE LOCATION AND ALIGNMENT Of BURIED
UTILITIES SHOWN HEREON WAS BASED ON VISIBLE
SURFACE EVIDENCE THERE MAY BE NILUTIES OR
IMPROVEMENTS THAT LW SURVEY CO OR THE
SURVEYOR OF RECORD ARE UNAWARE OF
1 THE BEARINGS SHOWN HEREON WERE
ESTABLISHED BYCOLORAOO STATE PLANE NORTH,
HAD 83 ALL DISTANCES SHOWN HEREON ARE GRID
DISTANCES AND ARE IN US SURVEY FEET TO
OBTAIN GROUND DISTANCES MULTIPLY VALUES
GIVEN HEREON BY 1000257429
5 THIS EXHIBIT WAS PREPARED UNDER THE
SUPERVISION OF JERRY RAY BESSIE, PLS 38578,
FOR AND ON BEHALF OF LW SURVEY 00,12345 W
ALAMEDA P14W, STE. 205 LAKEWOOD, CO THIS
EXHIBIT IS NOT LAID SURVEY PLAT OR
IMPROVEMENT SURVEY PLAT AND IS NOT TO BE
RELIED UPON FOR THE ESTABLISHMENT OF FENCES
BUILDINGS, OR OTHER FUTURE BUPROVEMENTS
N 1/4 COR SEC 6
FOUND J-1/4" ALUMINUM CAP
STAMPED "LS 22098'
N89 30'27"E 2435 85' WCR 86
L2 L1
EASEMENT CENTERLINE
SEE DETAIL "A'
FRED JOYCE K & DOUGLAS I)
APN' 071106000001
61 85' (TIE)
POINT OF
BEGINNING
. co
n 8
°Ad z
NSW
wpm
w=L
coCDw
CENTERLINE LINE TABLE
LINE
BEARING
DISTANCE
L1
S B717'45" W
245 09'
U
S 89 27'22" W
1138 00'
L3
S 89 49 20" W
1052 56'
C 1/4 COR SEC 6
CALCULATED POSITION
S88 55'01"W 2422 51'
DETAIL "A"
NTS.
5D1'21 1-' 7 E 263918'
SB8 55'01"W 2643 61'
E 1/4 COR SEC 6
FOUND 3-1/4' ALUMINUM CAP
STAMPED 'LS 22098'
S 1/4 COR SEC 6
r FOUND 3-1/4' ALUMINUM CAP
STAMPED 'PLS 38452"
POT
WCR 88
SITE
6
P08.
I;
SECTION MAP
NTS
TOTAL FOOTAGE / RODS 243585114782ROOS
PERMANENT EASEMENT ACREAGE 18BAC
TEMPORARY WORKSPACE ACREAGE 2 52 AC
e THIS SYMBOL DOES NOT REPRESENT A MONUMENTED LINE.
THIS SYMBOL ONLY DEPICTS ACHANGE IN DIRECTION
NWC
NWC DEVELOPMENT LLC
EXHIBIT "A'
LANDOWNER FRED JOYCE K & DOUGLAS D
LW Surrey Co
12348 W ALAMEDA DEWY
SUITE 205
LAKEWOOD CO, 80228
NW 114 OF SEC 6
LW Ruled No 52548
Omen byARS
Deb 02114118
AULT GATHERING
TO7N, R84W, 6TH P M WELD COUNTY, COLORADO
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www tetratech corn
1900 S Sunset Street Ste 1-E
Longmont, Colorado 80501
PHONE: (303) 772-5282 FAX. (303) 772-7039
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PROPOSED EAST AULT WELL CONNECT PIPELINE
a : NWC PROPOSED ABOVE GROUND VALVE SITE
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J
Esther Gesick
From:
Sent:
To:
Cc:
Subject:
Reddick, Ryder <Ryder.Reddick@tetratech.com>
Tuesday, October 22, 2019 11:13 AM
Esther Gesick
Dawn Anderson
RE: Formal Appeal Package (Attached) to the Weld County BOCC of Public Works
Department Determination to Deny Access Permit AP19-00242 per Minimum Spacing
Requirements
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 again Esther,
I was able to get response from everyone pretty quickly this morning and per the Fred's request Monday November 4
will work best for them, so if we could waive the 15 day scheduling deadline and schedule it for that day that would be
much appreciated. As for the time of the hearing I'm assuming it's a 9:00AM start time but if you could confirm that we
should have everything we need at that point. I do have a basic draft power point presentation put together for this as
well, which really just consists of a majority of the documents submitted in the appeal request for visual aids at the
hearing but as soon as I get that in final format and approved by the Fred's and NWC I will send that your way as well.
Thanks again!
Ryder Reddick Land Use Planner III
Direct +1 (720) 864-4603 I Business +1 (303) 772-5282 Ryder.Reddick@tetratech.com
This message, including any attachments, may include privileged, confidential and/or inside information. Any distribution or use of this
communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. If you are not the intended recipient.
please notify the sender by replying to this message and then delete it from your system.
From: Reddick, Ryder
Sent: Tuesday, October 22, 2019 9:52 AM
To: Esther Gesick <egesick@weldgov.com>
Cc: Dawn Anderson <dranderson@weldgov.com>
Subject: RE: Formal Appeal Package (Attached) to the Weld County BOCC of Public Works Department Determination to
Deny Access Permit AP19-00242 per Minimum Spacing Requirements
Hi Esther good morning!
The 30th or the 4th would work for me personally but let me reach out the NWC team and the Fred's and I will let you
know what day will work best for everyone on our end, hopefully sometime here before the end of the day. Also Dawn
if you have any questions about why we are moving forward with the appeal of this decision please let me know and I'd
be glad answer any questions you may have prior to the hearing.
Anyways thanks again Esther for all your help getting this set up and I will be back in touch here shortly!
Best regards,
Ryder Reddick I Land Use Planner III
Direct +1 (720) 864-4603 J Business +1 (303) 772-5282 I Ryder.Reddick@tetratech.com
1
This message. including any attachments, may include privileged, confidential and/or inside information. Any distribution or use of this
communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. If you are not the intended recipient.
please notify the sender by replying to this message and then delete it from your system.
From: Esther Gesick <egesick@weldgov.com>
Sent: Tuesday, October 22, 2019 9:17 AM
To: Reddick, Ryder <Ryder.Reddick@tetratech.com>
Cc: Dawn Anderson <dranderson@weldgov.com>
Subject: FW: Formal Appeal Package (Attached) to the Weld County BOCC of Public Works Department Determination to
Deny Access Permit AP19-00242 per Minimum Spacing Requirements
A CAUTION: This email originated from an external sender. Verify the source before opening links or attachments. A
Hi Ryder,
Does Wednesday, October 30th work for you? If not, you can waive the 15 -day scheduling deadline and look at
November 4th. I've also copied Dawn Anderson, Department of Public Works, to determine her availability as
well. Currently, all five Commissioners are anticipated to be present on both days. Just let me know.
Thanks!
Esther E. Gesick
Clerk to the Board
1150 O Street/ P.O. Box 758/ Greeley, CO 80632
tel: (970) 400-4226
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed
and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please
immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents
of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Reddick, Ryder <Ryder.Reddick@tetratech.com>
Sent: Tuesday, October 15, 2019 11:14 AM
To: Esther Gesick <egesick@weldgov.com>
Subject: Formal Appeal Package (Attached) to the Weld County BOCC of Public Works Department Determination to
Deny Access Permit AP19-00242 per Minimum Spacing Requirements
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 Esther,
As promised per our conversation over the phone yesterday attached to this email is the Formal Appeal Request of a
Decision made by public works to deny an access point off County Road 86 just east of the intersection of County Road
49 due to not meeting the minimum spacing criteria from and intersection for a designated Local Roadway.
The Attached Formal Appeal Package includes:
An overview letter written by myself on behalf of NWC Development LLC,
A Formal Letter requesting the appeal from the Property Owner's Douglas and Joyce Fred,
Recorded Surface Use Site & Natural Gas Pipeline Easement Documentation
Photos of the proposed Access Location
GIS Maps
2
If there is anything else needed to complete this formal request and get a hearing scheduled let me know and I will do
my best to get any additional info to you right away. Otherwise let me know some dates that may be available for the
appeal hearing when you get the chance and hopefully we can get this on the books here soon!
Thanks as always for your help!
Best Regards,
Ryder
Ryder Reddick Land Use Planner Ill
Direct +1 (720) 864-4603 I Business +1 (303) 772-5282
Ryder.Reddick@tetratech.com
Tetra Tech Leading with Science® I United States Infrastructure
1900 S Sunset Street, Suite 1E I Longmont, Colorado 80501 I tetratech.com
This message, including any attachments, may include privileged, confidential and/or inside information. Any distribution or use of this
communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. If you are not the intended recipient,
please notify the sender by replying to this message and then delete it from your system.
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TETRA TECH
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DEVELOPMENT
Appeal Request Summary:
TETRA TECH
NWC Development LLC (Interest Holder) and Douglas & Joyce
Fred (Property Owners) Formally requested a hearing with the
Weld County BOCC on October 15, 2019 to appeal the decision
made by the Weld County Public Works Department to deny
approval of access permit application API9-00242, per the
appeals process called out in both Section 12-5-130 and Section
2-4-10 of the Weld County Code. The proposed access was
denied by the Weld County Public Works Department due to the
location of the access not meeting code section 12-5-130.A
Requirements that are provided in the Weld County Engineering
& Construction guidelines Chapter 6.3 Access Control Plan (Table
6-2 Minimum Spacing Requirements).
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PROPOSED EAST AULT WELL CONNECT PIPELINE
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