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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 Appo edblr JRB REV DoW W.G., • y •4'• r ' T •. • �-- p 4 • f ZZ o•+ K ,•'`-. L•a . •• • _ ..•..• ♦� ti.. �• V►�.rL-.-�.{. '4 av d..77.•,.ty •,i ,t1. p twk •. ••ijj•1 l.. l.:..•'^..,,'4•�. /i•'F • .y • 41. • �ti• • •Y ..' • ... .•- .• ▪ '•L.� • •tea ra ~ '�- •" lru + • • G- a'..' y % � ;� •., -•..� � • •.. '#{.�•� A t . _ i • .� •I • ..wy�•� ♦ �' _ }tea 1. •� • • • - _ •1. , •a✓ M rw • �. ��.•. 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PROPOSED NATURAL GAS PIPELINE ROUTE MAINTAINED COUNTY ROADS STATE HIGHWAYS PROPOSED SURFACE SITE AREA TOWN OF AULT MUNICIPAL BOUNDARIES 10/9/2019 - O 1PROJECTSILONGMONT11955161200-195516-180011GIS\MXDWULT LATERALIMXDIAULT LATERAL WCR 86 SURFACE SITE VACINITY MAP MXD - RYDER REDDICK NATURAL GAS PIPELINE PROJECT WELD COUNTY, COLORADO WCR 86 ABOVE GROUND SURFACE SITE LOCATION VICINITY MAP 1019/2019 - O IPROJECTSILONGMONT1195516\200-195516-180011GISWXD AULT LATERALWXDWULT LATERAL WCR 86 SURFACE SITE ACCESS MAP MXD - RYDER.REDDICK PARCEL #071106000001 a Nb) TETRA TECH www tetratech corn 1900 S Sunset Street Ste 1-E Longmont, Colorado 80501 PHONE: (303) 772-5282 FAX. (303) 772-7039 Legend PROPOSED EAST AULT WELL CONNECT PIPELINE a : NWC PROPOSED ABOVE GROUND VALVE SITE DOUGLAS & JOYCE FRED PARCEL PLSS SECTION. TOWNSHIP & RANGE 0 500 Feet 1.000 Project No. 200-195516-18001 Date OCTOBER 9 2019 NWC DEVELOPMENT, LLC EAST AULT WELL CONNECT WELD COUNTY. COLORADO DOUGLAS & JOYCE FRED ACCESS & PARCEL OVERVIEW MAP N Designed By RJR Figure No 2 10/9/2019 - O 1PROJECTS\LONGMONT11955161200-195516-180011GIS\MXDIAULT LATERALIMXDWULT LATERAL WCR 86 SURFACE SITE ACCESS DETAIL MAPMXD - RYDER REDDICK 165 Feet 1, R65W 330'Feet DOUGLAS PARCEL 31, R64W JOYCE #071106000001 I ' E TETRA TECH www tetratech corn 1900 S Sunset Street, Ste 1-E Longmont, Colorado 80501 PHONE (303) 772.5282 FAX (303) 772-7039 Legend PROPOSED NATURAL GAS PIPELINE CENTERLINE -mem PROPOSED 165 FOOT ACCESS POINT mem MINIMUM 330 FOOT SPACING LOCATION ACCESS POINT MAINTAINED COUNTY ROADS PROPOSED WCR 86 SURFACE SITE LOCATION K DOUGLAS & JOYCE FRED PARCEL BOUNDARY �_...� PLSS SECTION, TOWNSHIP & RANGE 100 200 NWC DEVELOPMENT, LLC EAST AULT WELL CONNECT WELD COUNTY, COLORADO NWC PROPOSED WCR 86 SURFACE SITE LOCATION & ACCESS LOCATION OVERVIEW MAP Project No 200-195516-18001 Date OCTOBER 9 2019 Designed By RJR Figure No 3 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. V (m) in Please consider the environment before printing. Read more TETRA TECH 3 1 ♦ a 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). 2 NWC DEVELOPMENT lb TETRA TECH Vicinity Map of Proposed WCR 86 Access Location Legend PROPOSED NATURAL GAS PIPELINE ROUTE MAINTAINED COUNTY ROADS STATE HIGHWAYS * PROPOSED SURFACE SITE AREA TOWN OF AULT MUNICIPAL BOUNDARIES ri PARCELS �_...� PLSS SECTIONS WC R484 4t WCR�8U WCR%88 WCR'80 WCR80 TETRA TECH VA• W.tetrateuh corn 1000 S Sunuut SUcut. Ste t t Longmont, CNorado Bob Ix+Or1E [3Q3r 772-t);142 -nX (30 '1.. .) WCR482 MNG DEW LOPMENT. LLC NATURAL GAS PIPELINE PROJECT WELD COUNTY, COLORADO WCR 86 ABOVE GROUND SURFACE SITE LOCATION VICINITY MAP I- T:.;. .+'.:3._ 200.166516.18001 OCTOBER 9, :010 •.._pnod By. RJR Figure No 3 NWC DEVELOPMENT TETRA TECH Site Overview Map Proposed WCR 86 Access Location C 36;t, R65W 1, R65W 1 31, R64W 6, R64W i- .S, TETRA TECH vrww.tohalech.coin 1900 S Sunset St.rrt :=.1. 1-F Longmont Colorado 805501 PHONE (303) 772-t;78 FAX (303) 772.703D SEC T08N, 32, R64W 5, R64W Legend PROPOSED EAST AULT WELL CONNECT PIPELINE NWC PROPOSED ABOVE GROUND VALVE SITE DOUGLAS & JOYCE FRED PARCEL Lone; PLSS SECTION, TOWNSHIP & RANGE 500 1,000 RAMC DEVELOPMENT, LLD EAST AULT WELL CONNECT WELD COUNTY, COLORADO DOUGLAS & JOYCE FRED ACCESS & PARCEL OVERVIEW MAP 1- rgor-,t No.: 200.191516-18001 Dote OCTOEER 9. 2019 Desired By RJR FtweNo 2 4 I,JJIO IOW I'N:J'_MVIALflMJLI L-\Tt'Wl'MAL'!MJL1 LNICKHLVVi,KOOJVKPl'l.: JIItr'.LLtJJ Lit IAIL MHF'NIAL' 1!TLt".KtUUILK NWC DEVELOPMENT lel TETRA TECH Access Site Map Proposed WCR 86 Access Location 36, R65W 1, R65W DOUGLAS PARCEL Legend PROPOSED NATURAL GAS PIPELINE CENTERLINE PROPOSED 165 FOOT ACCESS POINT MINIMUM 330 FOOT SPACING LOCATION ACCESS POINT MAINTAINED COUNTY ROADS PROPOSED WCR 86 SURFACE SITE LOCATION DOUGLAS & JOYCE FRED PARCEL BOUNDARY PLSS SECTION. TOWNSHIP & RANGE 100 200 31, R64W JOYCE f irt) TETRA TECH NWC DEVELOPMENT, LLC EAST AULT WELL CONNECT WELD COUNTY. COLORADO y NWC PROPOSED WCR 86 SURFACE SITE LOCATION & i9ouLongACCESS LOCATION OVERVIEW MAP PRONE: (303) 772- • vrww.ldliate won Sunset Street Ste i-E moat. Colorado 8050' 282 FAX: (303) 7;270 Preyed No 330.195516.18001 Date OCTOBER 9. 2019 F juts -9 No 3 R F' 5 NWC DEVELOPMENT Photo of WCR 49 & WCR 86 Intersection lb • TETRA TECH 6 NWC DEVELOPMENT Proposed 165 Foot Access Location Photos Th • TETRA TECH _ Weld County Road 86 Proposed Access 165 Feet East of County Road 49. Looking West I 7 h'?:—• ,1. f.— t '. 4„ w-.iuT ain Milli . ,cif.. r NWC VELOPMENT Proposed 330 Foot Access Location Photos Weld County Road 86 Proposed Access 330 Feet East of County Road 49. Looking West • ' `�- T' NI"'[_.r. A�"jr�i:• �.:. _- r.r"'.�-i. Nry"L'": • c _, ;• G a'3, 1 �.. ea. st- 1 1 IT • 1, �,,�_ .. .1.. ..1......with . . Ir• 46e.tm otaes 1" Th TETRA TECH • tir 8 NWC DEVELOPMENT Proposed 165 Foot Access Location Photos p. Weld County Road 86 Proposed Access 165 Feet East of County Road 49. Looking South a. - j SP - 405 -44 l - »7r •t7R\arc •:a!C • w • C -f'- • _-- _ _ • ' 94 4.1 is I +r. _ "._'._. C • •••-tho.k-• r..�.t •=y.«L aw.»_�v r t S • • v NWC DEVELOPMENT Proposed 165 Foot Access Location Photos Weld County Road 86 Proposed Access 165 Feet East of County Road 49. Looking East 11 NWC DEVELOPMENT Proposed 330 Foot Access Location Photos lb 1 TETRA TECH Weld County Road 86 Proposed Access 330 Feet East of County Road 49. Looking East 12 NWC DEVELOPMENT iaL Proposed 165 Foot Access Location Photos Weld County Road 86 Proposed Access 165 Feet East of County Road 49. Looking North 13 a aTETRA TECH NWC DEVELOPMENT Proposed 330 Foot Access Location Photos 14 Weld County Road 86 Proposed Access 330 Feet East of County Road 49. Looking North Hello