HomeMy WebLinkAbout20190581.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
FEBRUARY 6, 2019
The Board of County Commissioners of Weld County, Colorado, met in regular session in full conformity
with the laws of the State of Colorado at the regular place of meeting in the Weld County Administration
Building, Greeley, Colorado, February 6, 2019, at the hour of 9:00 a.m.
El ROLL CALL: The meeting was called to order by the Chair and on roll call the following members
were present, constituting a quorum of the members thereof:
Commissioner Barbara Kirkmeyer, Chair - EXCUSED
Commissioner Mike Freeman, Pro -Tern
Commissioner Sean P. Conway - EXCUSED
Commissioner Scott K. James
Commissioner Steve Moreno
Also present:
County Attorney, Bruce Barker
Acting Clerk to the Board, Stephanie Frederick
Controller, Barbara Connolly
• MINUTES: Commissioner James moved to approve the minutes of the Board of County
Commissioners meeting of February 4, 2019, as printed. Commissioner Moreno seconded the motion,
and it carried unanimously.
El AMENDMENTS TO AGENDA: There were no amendments to the agenda.
el CONSENT AGENDA: Commissioner Moreno moved to approve the Consent Agenda as printed.
Commissioner James seconded the motion, and it carried unanimously.
• PUBLIC INPUT: Amanda Harper, resident of Longmont, contested a previously approved Access
Permit, AP18-00845 at County Road 1 and Road 18, and requested a hearing in front of the Board to
discuss her fustrations in a public meeting. She also submitted documents attached as Exhibit "A".
Chair Pro -Tern Freeman stated the Board will take her comments under advisement with the Department
of Public Works staff and the County Attorney. eBill Gillard, resident of Greeley, suggested the Board
consider live streaming and video recording their public meetings.
BIDS:
• 1) PRESENT BID #61900027, SURFACE GRAVEL SUPPLY - DEPARTMENT OF PUBLIC
WORKS: Rob Turf, Department of Purchasing, reviewed the three (3) bids received and stated staff will
bring back a recommendation on February 20, 2019.
pc.( Minutes, February 6, 2019
�� I Page 1
2019-0581
BC0016
re 2) PRESENT BID #B1900034, MEAD GRADER SHED - DEPARTMENT OF BUILDINGS AND
GROUNDS: Mr. Turf reviewed the sole bid received and stated staff will bring back a recommendation
on February 20, 2019.
NEW BUSINESS:
El 1) CONSIDER RENEWAL APPLICATION FOR A TAVERN (COUNTY) LIQUOR LICENSE AND
AUTHORIZE CHAIR TO SIGN - RM, INC., DBA ROOM 119: Bob Choate, Assistant County Attorney,
presented the application for a liquor license and noted there are concerns from the Department of Public
Health and Environment concerning the applicant's lack of record keeping in conjunction with their Retail
Food License. He explained the Department of Public Health and Environment will recommend denying
the renewal of the liquor license for next year if there continues to be compliance issues with record
keeping. Mr. Choate clarified if issues with record keeping continue, it will need to be brought back to the
Board to consider and reschedule for a public hearing. In response to Commissioner Moreno, Mr. Choate
stated there are no prior citations in relation to the liquor license, but if the compliance issues persist, it
would need to be addressed by the County Commissioners. O Lisa Ruiz, applicant, stated she is
working with a water technician and is working to stay in compliance. Commissioner James moved to
grant a tavern liquor license and authorize the Chair Pro-Tem to sign. The motion, which was seconded
by Commissioner Moreno, carried unanimously.
2) CONSIDER COUNTY DANCE HALL LICENSE NO. 395 AND AUTHORIZE CHAIR TO SIGN -
RM, INC., DBA ROOM 119: Mr. Choate presented the application for the dance hall license and
recommended approval. Commissioner Moreno moved to grant dance hall license and authorize the
Chair Pro-Tem to sign. The motion was seconded by Commissioner James, and it carried unanimously.
• 3) CONSIDER INTERGOVERNMENTAL AGREEMENT FOR USE OF WILBUR B. ROSS
MEMORIAL POLICE TRAINING CENTER AND AUTHORIZE CHAIR TO SIGN — CITY OF GREELEY:
Mr. Choate presented the terms of the Intergovernmental Agreement with the City of Greeley for the
Sheriff's Office to use the Wilbur B. Ross Memorial Police Training Center for firing range purposes.
Commissioner James moved to approve said Intergovernmental Agreement and authorize the Chair
Pro-Tem to sign. Seconded by Commissioner Moreno, the motion carried unanimously.
• 4) CONSIDER CONTRACT ID #2432 AMENDMENT TO REGIONAL COMMUNICATIONS USER
AGREEMENT FOR WIRELESS RADIO SERVICES AND AUTHORIZE CHAIR TO SIGN - NUNN FIRE
PROTECTION DISTRICT: Walt Leslie, Department of Public Safety Communications, presented the
amendment to the agreement for wireless radio services and annual maintenance with the Nunn Fire
Protection District. Commissioner Moreno moved to approve said amendment and authorize the Chair
Pro -Tern to sign. Seconded by Commissioner James, the motion carried unanimously.
• 5) CONSIDER CONTRACT ID #2438 INTERGOVERNMENTAL AGREEMENT FOR SNOW
REMOVAL ON DEFENSE ACCESS ROADS AND AUTHORIZE CHAIR TO SIGN: Jay McDonald,
Director of the Department of Public Works, reviewed the terms of the intergovernmental agreement for
snow removal on defense access roads in the northern part of the County. He explained during the winter
months, the United States Air Force continues to perform regular maintenance and security on the Missile
Silos. He stated the agreement has been in force for the last ten (10) years and the United States Air
Force will reimburse the County to perform the normal winter snow removal on the Defense Access
Roads for the amount of $35,265.00. Commissioner James moved to approve said intergovernmental
agreement and authorize the Chair Pro-Tem to sign. Seconded by Commissioner Moreno, the motion
carried unanimously.
Minutes, February 6, 2019
Page 2
2019-0581
BC0016
Ei 6) CONSIDER CONTRACT ID #2439 AGREEMENT FOR EXTRAORDINARY MAINTENANCE
AND EXTRAORDINARY SNOW REMOVAL AND AUTHORIZE CHAIR TO SIGN: Mr. McDonald
presented the agreement which will allow the County to be reimbursed when they provide the needed
access to the missile silos during a severe storm. Commissioner Moreno moved to approve said
agreement and authorize the Chair Pro -Tern to sign. The motion was seconded by Commissioner James,
and it carried unanimously.
• 7) CONSIDER ADDITIONS TO SECTION 2.000 CHILD WELFARE OF THE DEPARTMENT OF
HUMAN SERVICES POLICIES AND GUIDELINES MANUAL: Karin McDougal, Assistant County
Attorney, presented the additions to Section 2.000 to perform initial criminal history checks on any person
residing in a home which is being considered for emergency kinship placement. Commissioner James
moved to approve said additions to Section 2.000. The motion, which was seconded by Commissioner
Moreno, carried unanimously.
• 8) CONSIDER CONTRACT ID #2275 AGREEMENT FOR PROFESSIONAL SERVICES FOR
MEDICAL CONSULTATION AND AUTHORIZE CHAIR TO SIGN — NORTH RANGE BEHAVIORAL
HEALTH (NRBH): Ms. McDougal presented the agreement with North Range Behavioral Health (NRBH),
which is a contractor of the Child Welfare Consultation Team. She explained NRBH will provide the
Department of Human Services medical consultation and interpretation related to Child Welfare.
Commissioner Moreno moved to approve said agreement and authorize the Chair Pro-Tem to sign. The
motion was seconded by Commissioner James, and it carried unanimously.
El 9) CONSIDER CONTRACT ID #2289 AGREEMENT FOR PROFESSIONAL SERVICES FOR
CHILD CARE INTERAGENCY TEAM AND AUTHORIZE CHAIR TO SIGN - LOLINA, INC:
Ms. McDougal presented the agreement for Lolina, Inc., to provide team development for Weld County's
Child Care Interagency Team. Commissioner James moved to approve said agreement and authorize
the Chair Pro -Tern to sign. The motion was seconded by Commissioner Moreno, and it carried
unanimously.
• 10) CONSIDER CONTRACT ID #2257 MEMORANDUM OF UNDERSTANDING AND
AUTHORIZE CHAIR TO SIGN - REALTIES FOR CHILDREN CHARITIES (RFCC): Ms. McDougal
presented the memorandum of understanding to allow the Department of Human Services to access
emergency funds which were donated to Realties for Children Charities, specifically donated to Weld
County. Commissioner Moreno moved to approve said memorandum of understanding and authorize the
Chair Pro-Tem to sign. Seconded by Commissioner James, the motion carried unanimously.
11) CONSIDER CONTRACT ID #2242 MEMORANDUM OF AGREEMENT FOR FOSTER AND
ADOPTIVE FAMILY REQUIREMENTS AND AUTHORIZE CHAIR TO SIGN — PROJECT 1.27:
Ms. McDougal reviewed the memorandum of agreement to establish the requirements for the
pre -certification process for foster and adoptive families. Commissioner James moved to approve said
memorandum of agreement and authorize the Chair Pro-Tem to sign. The motion, which was seconded
by Commissioner Moreno, carried unanimously.
El 12) CONSIDER CONTRACT ID #2267 AGREEMENT FOR PROFESSIONAL SERVICES FOR
FOSTER PARENT PRIDE CO -FACILITATOR AND AUTHORIZE CHAIR TO SIGN - ERIN SEADER:
Ms. McDougal reviewed the agreement for professional services to allow Erin Seader to serve as a
co -facilitator to provide training services for potential foster and adoptive families. Commissioner Moreno
moved to approve said agreement and authorize the Chair Pro-Tem to sign. The motion, which was
seconded by Commissioner James, carried unanimously.
Minutes, February 6, 2019
Page 3
2019-0581
BC0016
13) CONSIDER CONTRACT ID #2300 AGREEMENT FOR CHILD PROTECTION SERVICES AND
AUTHORIZE CHAIR TO SIGN - UNIVERSITY OF NORTHERN COLORADO (CAMPUS
CONNECTIONS): Ms. McDougal presented the agreement with the University of Northern Colorado
(UNC) Campus Connections, which is a program to strengthen youth with life skills, self-confidence and
encourage productive engagement with the community. Commissioner James moved to approve said
agreement and authorize the Chair Pro -Tern to sign. The motion was seconded by Commissioner
Moreno, and it carried unanimously.
El 14) CONSIDER CONTRACT ID #2099 INDIVIDUAL PROVIDER CONTRACT FOR PURCHASE
OF FOSTER CARE SERVICES IN A FOSTER CARE HOME AND AUTHORIZE CHAIR TO SIGN —
TIERNEY AND DANNY BALDWIN: Ms. McDougal presented the terms of the contract for purchase of
foster care services in a foster care home, which is located in Longmont. Commissioner Moreno moved
to approve said contract and authorize the Chair Pro -Tern to sign. The motion was seconded by
Commissioner James, and it carried unanimously.
tEl 15) CONSIDER CONTRACT ID #2160 INDIVIDUAL PROVIDER CONTRACT FOR PURCHASE
OF FOSTER CARE SERVICES IN A FOSTER CARE HOME AND AUTHORIZE CHAIR TO SIGN -
ZACHARY AND NICOLE ARMSTRONG: Ms. McDougal reviewed the agreement for purchase of foster
care services in a foster care home located in Greeley. Commissioner James moved to approve said
contract and authorize the Chair Pro -Tern to sign. Seconded by Commissioner Moreno, the motion
carried unanimously.
El 16) CONSIDER CONTRACT ID #2178 INDIVIDUAL PROVIDER CONTRACT FOR PURCHASE
OF FOSTER CARE SERVICES IN A FOSTER CARE HOME AND AUTHORIZE CHAIR TO SIGN -
ZACHARY AND MADDISEN MARS: Ms. McDougal stated this agreement will allow Zachary and
Maddisen Mars to provide foster care services. Commissioner Moreno moved to approve said contract
and authorize the Chair Pro-Tem to sign. The motion, which was seconded by Commissioner James,
carried unanimously.
Ei 17) CONSIDER CONTRACT ID #2204 INDIVIDUAL PROVIDER CONTRACT FOR PURCHASE
OF FOSTER CARE SERVICES IN A FOSTER CARE HOME AND AUTHORIZE CHAIR TO SIGN -
JOSHUA AND KERI VOIGT: Ms. McDougal reviewed the details of the agreement to allow Joshua and
Keri Voigt to provide to foster care services in a Greeley home. Commissioner James moved to approve
said contract and authorize the Chair Pro -Tern to sign. Commissioner Moreno seconded the motion, and
it carried unanimously.
18) CONSIDER CONTRACT ID #2282 INDIVIDUAL PROVIDER CONTRACT FOR PURCHASE
OF FOSTER CARE SERVICES IN A FOSTER CARE HOME AND AUTHORIZE CHAIR TO SIGN -
ROBERT AND CHRISTINA HERNANDEZ: Ms. McDougal stated this agreement will allow Robert and
Christina Hernandez to provide foster care services in Aurora. Commissioner Moreno moved to approve
said contract and authorize the Chair Pro -Tern to sign. The motion was seconded by Commissioner
James, and it carried unanimously.
el 19) CONSIDER CONTRACT ID #2284 INDIVIDUAL PROVIDER CONTRACT FOR PURCHASE
OF FOSTER CARE SERVICES IN A FOSTER CARE HOME AND AUTHORIZE CHAIR TO SIGN —
TANYA DUARTE: Ms. McDougal presented the agreement to purchase foster care services in a foster
care home located at Tanya Duarte's Loveland home. Commissioner James moved to approve said
Minutes, February 6, 2019
Page 4
2019-0581
BC0016
contract and authorize the Chair Pro -Tern to sign. Seconded by Commissioner Moreno, the motion
carried unanimously.
• 20) CONSIDER CONTRACT ID #2285 INDIVIDUAL PROVIDER CONTRACT FOR FOSTER
CARE SERVICES IN A FOSTER CARE HOME AND AUTHORIZE CHAIR TO SIGN - JENNIFER AND
NATHAN GROSS: Ms. McDougal stated this agreement will alllow Jennifer and Nathan Gross to provide
foster care services in their Greeley home. Commissioner Moreno moved to approve said agreement
and authorize the Chair Pro -Tern to sign. Commissioner James seconded the motion, and it carried
unanimously.
• 21) CONSIDER CONTRACT ID #2296 INDIVIDUAL PROVIDER CONTRACT FOR FOSTER
CARE SERVICES IN A FOSTER CARE HOME AND AUTHORIZE CHAIR TO SIGN - AUSTIN AND
CARLIE LAKE: Ms. McDougal presented the agreement with Austin and Carlie Lake to provide Foster
Care Services. Commissioner James moved to approve said contract and authorize the Chair Pro -Tern
to sign. The motion was seconded by Commissioner Moreno, and it carried unanimously.
ki 22) CONSIDER CONTRACT ID #2217 AGREEMENT FOR RESPITE SERVICES AND
AUTHORIZE CHAIR TO SIGN — BRIANNA DIAZ: Ms. McDougal presented the agreement for Brianna
Diaz to provide respite services at the rate of $16.75 per hour, not to exceed 16 hours in a month.
Commissioner Moreno moved to approve said agreement and authorize the Chair Pro-Tem to sign.
Seconded by Commissioner James, the motion carried unanimously.
El 23) CONSIDER CONTRACT ID #2218 AGREEMENT FOR RESPITE SERVICES AND
AUTHORIZE CHAIR TO SIGN - MAURICE SHENK: Ms. McDougal presented the agreement for Maurice
Shenk to provide respite services at a rate of $16.75 per hour, not to exceed 16 hours in a month.
Commissioner James moved to approve said agreement and authorize the Chair Pro-Tem to sign. The
motion, which was seconded by Commissioner Moreno, carried unanimously.
el 24) CONSIDER CONTRACT ID #2271 AGREEMENT FOR RESPITE SERVICES AND
AUTHORIZE CHAIR TO SIGN - WAYNE AND LAUREN ANDERSON: Ms. McDougal presented the
agreement for Wayne and Lauren Anderson to provide respite services at a rate of $16.75 per hour, not
to exceed a 16 -hour period in a month. Commissioner Moreno moved to approve said agreement and
authorize the Chair Pro -Tern to sign. The motion, which was seconded by Commissioner James, carried
unanimously.
el 25) CONSIDER CONTRACT ID #2272 AGREEMENT FOR RESPITE SERVICES AND
AUTHORIZE CHAIR TO SIGN - ZACHARY AND MADDISEN MARS: Ms. McDougal reviewed the
agreement for Zachary and Maddisen Mars to provide respite services at a rate of $16.75 per hour, not
to exceed a 16 -hour period in a month. Commissioner James moved to approve said agreement and
authorize the Chair Pro-Tem to sign. The motion was seconded by Commissioner Moreno, and it carried
unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. No Ordinances were approved.
Minutes, February 6, 2019
Page 5
2019-0581
BC0016
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Clerk to the Board.
There being no further business, this meeting was adjourned at 9:35 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: �- ,.�.` � (�EXCUSED
Barbara Kirkmeyer, Chair
Weld County Clerk to the Board
BY:
Deputy Clerk 1-6.66I
e Board
Mike Freeman, Pro-Tem
EXCUSED
can P. Conway
ott K.
mes
Steve Moreno
Minutes, February 6, 2019
Page 6
2019-0581
BC0016
AT� �7 LIST
NAME - PLEASE PRINT LEGIBLY
ADDRESS (CITY, STATE ZIP)
EMAIL
COUNTY OF
RESIDENCE
SPEAKING
(Y/N)?
P44111 da410 '1(
Of -7 kc,i ► / L p
// ha r, 7 Pi r''rolibri4i<
Weld
��
t JSa Pui2_
2iO(0s C/R4r) la Sc-IL UyS
pusi-pLQaWA_ rayii,hN)
'oti,Ici
ki,
B
EXHIBIT
r
1. This statement submitted under oath by Amanda Harper and recorded at
the Weld county commissioners meeting on February 6, 2019 is the
administrative duty that verifies I am contesting the approval of Weld
County Access Permit API8-00845 approved December 27, 2018 by Weld
County Public Works whose employees have repeatedly refused to tell me
a process for contesting the approved Access Permit.
fr
2. Each Commissioner and ;:;•,i4 Barker have received a copy of this
statement and an additionalAtl page exhibit which contains: a copy of the
application for and permit # API 8-00845, two pictures illustrating the
situation, two maps of the area of concern at County Road 1 and Rd. 18
including a map from Weld County and a corrected map, a Cease and
Desist letter from Crestone Peak to Amanda Harper, a copy of her
response, a copy of Complaint #18 filed with the COGCC filed February 5,
2019, for the Facility Site to be moved to CR20.5, where the drilling road is
being constructed.
3. The application submitted to Public Works on December 18, 2018 has
documents containing misrepresentations of the facts, a falsified
authorization form, is incomplete and doesn't consider the route attached to
the CRI/Rd.18 access point which is made of entirely narrow private lanes.
Nor did Crestone Peak or Weld Public Works take into consideration the
safety of the five landlocked families who will be dangerously impacted by
the 10's of thousands of Tanker Trucks that would be blocking and
degrading our driveways, or the narrow busy intersection, or the danger
that would be introduced to the narrow residential/agricultural use CR1. If
the permanent route for Regnier Farms Large Scale Facility site Oil and
Gas traffic remains at the CR1IRd.18 intersection, of which Regnier Farms
has no right to ask for authorization and does not `own', they have gone
against Weld County Code.
4. The process for acquiring Access Permit API8-00845 is wrought with
falsehoods, bad judgement, lack of due diligence, negligence, a falsified
document, misleading information, incorrect maps and incomplete
documents.
5. Weld County is officially put on notice: unless Weld County revokes the
Access Permit for the CR1/WCR18 access point and the Permanent Route
for Regnier Farms is moved entirely onto Regnier Farms parcels, I will
utilize every legal resource and process available to me as a Colorado
citizen with inalienable rights. This includes but is not limited to civil
lawsuits, and peaceful civil direct actions to protect my property, my family,
my beautiful rural neighborhood and neighbors. Regnier Farms many
parcels should bear the traffic burden for his economic benefit, our
neighborhood should not.
6. I researched all collected and recorded documents regarding my rural
neighborhood. Thereby:
A. The authorization form attached to the application is a falsified
document, as Leonard Rasmussen did not sign it and did not verbally
or in written form agree to let his lane be used by Crestone Peak and
Regnier Farms for a Permanent Access route to the new Facility Site.
Both the signature and the date are falsified. The application and the
authorization form are incomplete, including there isn't a Crestone rep
contact on the form, among other missing items.
B. The section of 'Weld County Road 18' referred to, and mapped on the
application for the CR1/Rd. 18 is a misnomer. Per: the
homesteading act and the subdivisions connected to the lane (WCR
18 actually begins in Frederick). Rasmussen Farms owns the 23'
lane, five landlocked families with permanent easements for our
residential and small agricultural scale use it as our driveway. In 150
years Weld County has never maintained it and until after 2000 it was
barely a road at all. See map exhibit page.
C. The Application form with the owner as Regnier Farms and the
applicant as Crestone Peak Resources has a map that is a dramatic
misrepresentation of the area and who has rights to use it. WCR18'
it is a privately owned lane, and is in reality is a driveway with five
permanent access easements and Right of Ways per the subdivision
Platts created by the homesteaded property in 1870's. 'Weld County
Road 18' in Section 19 is not and never will be a Public Highway and
does not there are no Public Access rights.
D. The access point permit, located at a narrow intersection, routes the
production for Regnier Farms H268 down this 1/2 mile, 23 foot wide
lane, with 2 blind spots, north onto another privately owned 20 foot
wide lane which of which I own before getting and then another 20
feet of private lane before reaching the proposed facility site, 1.3
miles from the CR1/Rd. 18 access point. The round trip crosses 3
private lanes, access easements, has no pull over areas and thus will
regularly block our ingress and egresses, and is a 2.6 mile round trip
route. See exhibit B
E. It is obvious there are shenanigans, including strong evidence of
collusion, falsification of documents and misrepresentation of facts on
the maps. The alternative, which was not considered in the original
Form 2A, and is the most cost effective and safe location for the 13
acre facility site is off of CR 20.5 which is an already Industrialized
Weld County Road. The Facility site for the eleven wells could be
located off of that drilling road, 100 feet off of CR 20.5, which would
make the permanent production route a 200 foot round trip, not in a
neighborhood and would still only utilize 13 acres of Regnier's Farm
property. This plan would keep all of Regnier Farms Oil and Gas
development and economic benefit on his own property and is by far
the most cost effective option for the permanent production route.
Contact Amanda Harper in writing by February 21st, 2019 regarding this
matter at harperdeltufo@earthlink.net.
WELD COUNTY ACCESS PERMIT
Weld County Public Works Department
1111 H Street
P.O. Box 758
Greeley, CO 80632
Permit Number: AP18-00845
Phone: (970) 304-6496
Issuance of this permit binds applicant and its contractors to all requirements,provisions, and ordinances of Weld County, Colorado.
Project Name:
Permit Expiration Date: 12/26/2019
Planning/Building Process: Yes
Parcel(s): 131319000042
Proposed Use: Oil and Gas
Access is on WCR:
Nearest Intersection WCR:
Distance From Intersection:
Number of Existing Accesses:
Latitude:
Longitude:
1
1-20.5
7930
1
40.11654
105.05532
Applicant Information:
Name: Toby Sachen Erin Lind
Company: Crestone Peak Resources
Phone: 720-410-8536
Email: toby.sachen@crestonepr.com
Owner Information:
Name:
Company: Regnier Farms, INC
Phone:
Email:
Road Surface Type and Construction Information:
Road Surface: Asphalt
Culvert Size and Type: 15" CMP/RCP minimum if required
Material to Construct Access: existing
Start Date: Finish Date:
Required Attached Documents Submitted:
Traffic Control Plan: Certificate of Insurance:
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 1/2 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
** Crushed or recycled concrete SHALL NOT be used for tracking material in the County ROW
All access points shall comply with Weld County Engineering and Construction Criteria found at:
https://library.municode.com/co/weld county/codes/charter and county code?nodeld=CH12LIPE AP APX12-AWECOENCOCR
Unless otherwise authorized.
Special Requirements or Comments
Utilize existing access point off of CR. 1 (1-O&G) located approx. 7930ft. south of CR. 20.5.
CR 1 is a Collector roadway with a 60 ft. setback from centerline.
Approved By:
Digitally signed by
Tiffnee Wertenberger
Date: 2018.12.26
0 10:04:55 -07'00'
I
M
I'
�7TRUCKS\
URNI'-1(3/
12/17/2018
T2N 68W Section 18 (SWSE)
T2N 68W Section 19 (W2NE)
Weld County, Colorado
500FT
500FT
500FT
Pad Access Road
f)
S r(ty 1/4>3
V •
WCR 18
TRUCKS
TURNING
/ROAD\
WORK
.`AHEAD/
t Pad
location
Regnier Farms 19H -B268
Traffic Control Plan
0 500 1,000 2,000
Feet
rat
tfrz
c,�ruk ocal Road
alor Road
45
C. al
or.5
AccessRoad
—Completions Pad
- Drill Pad
--Facilities
Well Location
CRESTONE PEAK
Coordinate System: NAD 1983 BLM Zone 13N
DEPARTMENT OF PUBLIC WORKS
1111 H STREET
GREELEY CO 80632
AUTHORIZATION FORM FOR ACCESS PERMITS
.e) en +: „ L1 -P give permission to •l e41ne Rata Rcwcc_
(Owner — please n • (ApplicanJAgent — please print)
to apply for Access permits on our behalf for the property located at (address and parcel numbers)
afg- O. a g4:ij 1 ,stz ,,,,1.- ./The Ylq t,ysoil( A j CO705 ol ;'`
Property Owners Information
Address 2/24/ C&2
Phone: ti?? -??6 "l9g2
ApphhcaniAgent Contact Information
Main Contact
City �'" it�r; t
E -may!
7 •
•Posd
Companys=
Address _ 10 0/ Ceptijigosict St 4200 City Der Lief
Phone iy-Ma
Email correspondence to be sent to Owner Applicant/Agent
Zip ?1,202
Both
Posta service correspondence to be sent to (choose on y one, Owner . App icantiAgent
Add tiona Info
•
Owner Signature _ _ __ Date
Owner Signatu• r�-►1.,�... �,f--►-•���� �.�-.�
Date __ . �te
• 1
�'. • tab! ..•
400
•
Weld County Public Works Dept.
1111 H Street
P.O. Box 758
Greeley, CO 80632
Phone: (970)304-6496
Fax: (970)304-6497
Property Owner
Name Regnier Farms, Inc.
Company_
Address 500 County Road 20
city Longmont State CO Zip 80504
Phone
I - ax
x
E-mail
Parcel Location
The access is on WCR 1
Nearest Intersection: WCR. 1
& WCR
Dist. from Intersection (approx. in ft.) 0
119
Parcel Number(s) 131330200001, 131319000005
Section/Township/Range 19 2N 68W
Total # of Existing Accesses to parcel 1
t. Au- \1 .c
ov. toc. DS.“2
'Proposed Use
❑ Temporary (Tracking Pad Required) (#)
PR \4O %0006‘c
ACCESS PERMIT
APPLICATION FORM
Authorized Agent/Applicant (if different from Owner)
Name Toby Sachen
Company Crestone Peak Resources
Address 1801 California St., Suite 2500
City Denver State CO zip 80202
Phone 720-410--8536
Fax
E-mail toby.sachen@crestonepr.com
Existing County Road Surface Information
Asphalt
Gravel Treated Other
Proposed Access Information
Culvert Size & Type (15" CMP/RCP min_) na
Materials used to construct access existing
Access Construction Start Date 1/2019
Access Construction Finish Date 1/2019
o Single Residential (#) ig Oil & Gas (#)
o Small Commercial (#) o Large Commercial (U)
Field (Agriculture Only) (U) o Subdivision (#t)
Is this access associated with a Planning or Building Department Process?
o Industrial (#}
❑ USR/MUSR ❑ RECX/SUBX o PUD ❑ WOGLA o COMPLEX (IA required) 'Other
Planning/Building Department case #
Required Attached Documents
- Traffic Control Plan (a generic plan can be found at https://www.weldgov.comLdepartments/public works/permits/)
During the review process it may be determined that a right-of-way use permit will be required as well.
- Certificate of Insurance (with "Weld County, Colorado" listed as the certificate holder & as an additional insured)
- Access Pictures (from the left, right, into & out of the access — N, S, E, & W)
- Access Authorization Form (Not required if the application is signed by the landowner.)
Fee schedule (to be determined by permitting agency)
- $75 each access point: Temporary, Small Commercial, Oil & Gas, Single Family Residential
- $153 each access point: Industrial, Large Commercial, Subdivisions
- Field (Agriculture only): no cost
vs' N9D
<ev
Parcel Sketch (or provide an aerial on an add'I sheet)
♦ = Existing Access A= Proposed Access
N
WCR
WCR 6
cc
u
Description of Work or Reason for Permit
Permanent access off CR 1 for the purpose accessing the Regnier Farms facilities pad.
PAlleoa#sltlstkRnagecx3faxxx
By accepting this permit, the undersigned Property Owner/Authorized Agent, under penalty of perjury, verifies they have received all
pages of the permit application; they have read and understand all the permit requirements and provisions set forth on all pages. By
virtue of their signature the Property Owner/Authorized Agent is bound by and agrees to comply with all said permit requirements
and provisions, all Wild County ordinances, and state laws regarding access construction.
Signature
Printed Name Toby Sachen
Date 12/13/18
Signature Printed Name Date
(In case of multiple Property Owners/Authorized Agents)
• Access Permits are good for 1 year from the date of issuance. Property Owner/Authorized Agent must obtain a new
permit or request an extension if the construction of the access point is not completed in that timeframe.
• Extensions are subject to approval by Public Works
• County regulations on road access can be found in Article V of Chapter 12 of the Weld County Code.
-M -T• ..-••--
X)ocsas Welts
fa.ct
C 0 sr
4
e());),-e:Zjone
121%
'"141/ set%, toe"
,q �c
cif )6��/�sL r-3 A (3e/o\i‘
V\)el `mow die
~� Count
•!�� .,..�... �� s ��
D Frac
H.
to 1
Soul
4
sefielVE.16•6/7(rbNi
-biss.
r
fes 713.r.si
mod
N
1;
,ritekkile
L97 ir IF
it4tb c k
akttd A
dCY'\- ��\-ryt%ey
ce
gs
4.' l l/ - -r f • ,s,
' ili
CbJ Rd, i? c
, s\
z is mew aloe;
1 \oc
$# \
tilp ne,VY'r Jfl I bf. CIrtV0i€4 \46 Vgilit6 �I
alb 0 Pli ti.) I 7 C Ate re .fet arc \_. d'
A/eh.
Laisi14-kercc3/4
fyrypiq
nett 't
Lxci
folk;
e5 0.7ni r"_=rt
Vti N41%,
51$4&
On VIA
ioNix
+MrFM- .r.. --.
•
9 4a4tc 4 rametiej
wItto do O0+
CAA. 41-. tie likp
Nt3N
clik lea:dice/1i Or c4le
used o•^ 2c1. 18 usfa .t) gaz,
lc
c�
L✓
11)
0‘,S
tit. "� c �xl
>cits
4AL 410(31k" 4% )5`
43 64-, ce
° jr? rtrpr 9
6 et °:7C1
rik; "fr.-
e"i--
c.J� 2h`
/t7
CouerLi Rd .1 Rd, IP 4 dxfovd Rd. aMecec&ot4
5f0D
we's
tit se
OP IMP
Neu' Rt� Uzhey
tot1/ff 4y+, nu GZ.ZO.Yj
u ter Perfratek; tic drc
Cvadzei Rota lac 44 ei 14; AA,PC ALI <tall
5-e Teadtkebe,
w N°v4
\ZesSwev55e14
efr
he- 14',
iileez
`� Giery S�n4t lotto Cones axon/tot)
CO iz I? looks 14*1 6[,trhouse wkeii
#Q'i1i nyovrto Z Mort privdt lanes.
Oh
Q
3 st
pidi<ev
tt
10 lie
Oecia
µI Sy »Yu
zj ire 5_> rtctct;u
coast- 1'f t1f2oNn J As -
e
.
.ham_.-.. •A/�1+.:,
I 4
V}
y1 my 4VL ge
111 LAlitt
vy
Orb
/ere,
A, iAdu
tiro�!�-tYori1 !/ kaust
4,0A. seoar
Clase45/ke8 u- oir17)
AIM= r tvcci
IN EMEE}0'�'�8.
303-65
CRESTUNE PEAK
GNIER FARMS B 2 BATTERY
SE/SE S19 T2N—R68W 6Th PM
WELD COUNTY CO.
LAT/LONG:
40.119709s N -105,040346° W
DIRECTIONS:
WCR 1 & WCR 18,
AST 5 MILES, NORTH .2 MILES,
EAST INTO
41® ®
D! tact aaaas stamiSsess..
•
l0ctx1MRtfl≥3
c 414-t ,
Co raffeir,
a ;05st5ed
OS 4 Pt oat frld
. ;. Ivhr
$jct
ceose-
is*"
fX5� fl
e
vvt
kiost
�,�atie.ift0 f
COLORADO
MEMORANDUM
TO: Sheri Lockman, Planner II
FROM: Donald Carroll, Engineering Administrator
SUBJECT: USR-1246, Willard and Tanya Kenyon
DATE: April 12, 2000
There is a small portion of WCR 18 adjacent to the cemetery directly east of WCR 1 that has right-of-way in place.
=rom this point east, the remaining portion of road is considered a private lane with no county maintenance. There
are multiple families utilizing this private lane taking access to WCR 1.
The right-of-way width directly east of WCR 1 adjacent to the cemetery measures 25 feet from fence -line to fence-
ine with a 12 -foot driving lane. The remaining portion of the private lane measures between 12 to 14 fourteen
'eet, barely wide enough to accommodate two-way traffic. The gravel is adequate for the private lane, but not to
;ounty road standards. The applicant has been maintaining the lane with a motor Grader. The existing lane
appears to be used by residential and some agricultural vehicles.
kt one cross road location, there are low hanging trees that may be damaged by allowing a tractor -trailer to haul
n heavy equipment.
rhe Weld County Public Works Department is in the process of taking an ADT count cn WCR 18. The most recent
raffic count was done in 1996; it indicated 103 vehicles in a 24 -hour period.
)c: USR-1246
tar,8usr
MOST ENERGY LAW
January 10, 2019
Amanda Harper
517 County Road 18
Longmont, CO 80504
Dear Ms. Harper,
555 17th ee uite 975
Denver, CO 80202
(720) 446-5620
www.jostenergylaw.com
Jost Energy Law, P.C. represents Crestone Peak Resources ("Crestone")
and has been retained to serve this CEASE AND DESIST notice to you
immediately.
As you are aware, Crestone maintains a Surface Damage and Release
Agreement with the private surface owner for the use of its well pad facility
("Regnier Farms 19H -B268 Pad") in southeast quarter of Section 19, Township
2 North, Range 68 West, 6th P.M., Weld County, Colorado. The Regnier Farms
19H -B268 Pad is located along Weld County Road 18. Crestone has an express
right to use Weld County Road 18, which runs parallel on the side of the
aforementioned lands, in order to access its facility and conduct oil and gas
operations on the Regnier Farms 19H -B268 Pad.
On August 31, 2018, employees and contractors of Crestone attempted to
use Weld County Road 18 to access its surface and minerals on the Regnier
Farms 19H -B268 Pad. At that time, you prevented the Crestone employees and
contractors from accessing Weld County Road 18. We have attached a picture
of your obstructionist and dangerous behavior for your records and review. On
January 8, 2019, Crestone was again informed of your actions blocking access
to the Regnier Farms 19H -B268 Pad by parking your car in the middle of Weld
County Road 18.
Please accept this letter as your first CEASE AND DESIST notice. This
letter is to inform you that your obstructionist actions have prohibited Crestone
from conducting its oil and gas operations at the Regnier Farms 19H -B268 Pad
and has prevented Crestone from utilizing its legal right to access and utilize
Weld County Road 18. Such behavior is dangerous for you and dangerous for
Crestone's employees and contractors.
This letter is to demand that your harassment and obstruction of
Crestone's employees and contractors on the Regnier Farms 19H -B268 Pad as
well as your obstruction of the access road on County Road 18 CEASE AND
DESIST immediately. This CEASE AND DESIST NOTICE demands that you
Passion for Energy. Innovation for the Future.
immediately discontinue and do not at any point in the future, under any
circumstances, do the following to Crestone's employees or contractors: speak
to, block, obstruct, bar, impede, contact, pursue, harass, attack, strike, bump
into, brush up against, push, tap, grab, hold, threaten, and/or block the
movements of any Crestone employees along County Road 18 or the Regnier
Farms 19H -B268 Pad wellsite located at the southeast quarter of Section 19,
Township 2 North, Range 68 West, 6th P.M. in Weld County.
Crestone has a right to conduct its business and remain free from your
intimidation tactics, and we will take the responsibility upon ourselves to protect
that right. Should you continue to pursue the activities in contravention of this
notice, we consider all legal avenues available in order to protect the safety of
Crestone's employees and contractors and to ensure that Crestone is not
prevented from conducting its oil and gas operations on the Regnier Farms 19H -
B268 Pad, including but not limited to seeking a Civil Protection Order pursuant
to Section 13-14-104-5, C.R.S. and redress under the Colorado Criminal Code.
Please note that a copy of this letter along with the picture and record of its
delivery has been maintained and will be admissible as evidence in a court of
law and will be used as such, if necessary, in the future.
If you have any legitimate business reason to contact Crestone, all contact
should be made through Crestone's community relations line at 720-410-8537.
If you have any legitimate complaint regarding Crestone's oil and gas activities,
please contact the Colorado Oil and Gas Conservation Commission's complaint
line. Otherwise, if you have any questions regarding the contents of this letter or
any other issues relating to Crestone, please contact me, or have your legal
representative contact me if you have retained one, directly.
Sincerely,
Jamie Jost, Managing Shareholder
Enclosures
cc: Bruce Barker - Weld County Attorney
Mike Leonard - COGCC Director
Crestone Peak Resources
•
1
itifw tar
s
Steven L. Janssen
Attorney at Law
410 Main Street
Longmont, CO 80501
303-717-7667
stevenljanssen@cs.com
January 28, 2019
Ms. Jamie Jost, Esq.
Jost Energy Law, P.C.
55517th St., Ste. 975
Denver, CO 80202
Re: Your letter to Amanda Harper dated January 10, 2019
Dear Ms. Jost:
I have been requested by Amanda Harper to review and respond to your letter
to her dated January 10, 2019. I understand that your client, Crestone Peak Resources,
objects to Ms. Harper's ownership right of exclusive possession, occupancy and use of a
certain strip of land within the southwestern portion of her property that you have
described as Weld County Road 18 and to which you claim Crestone has an express
right of use. Please be advised that Ms. Harper denies that Crestone has any express,
implied or prescriptive right of use to this strip of land and alleges that it is a private
dead-end lane used by five landlocked subdivided parcels for access, and that it is not
presently a dedicated Weld County Public Road or public right-of-way.
You claim that Ms. Harper has engaged in dangerous, obstructionist and
harassing behavior by preventing your client's access to a certain well site known as
Regnier Farms 19H -B268 Pad. You describe your letter as CEASE AND DESIST
NOTICE, demand that Ms. Harper not "speak to, block, obstruct, bar, impede, contact,
pursue, harass, attack, strike, bump into, bump up against, push, tap, grab, hold, threaten and/or
block the movements of any Crestone employee" along the subject property and explicitly
state that Ms. Harper will be subject to a Civil Protection Order or criminal prosecution
if she refuses to recognize your demands as lawful authority.
/7
Ms. Jamie Jost, Esq.
January 28, 2019
Page two
You are no doubt aware that C.R.S. 13-14-104.5(1)(a) provides for issuance of a
Civil Protection Order only to protect a named individual against certain unlawful
behavior; as limited and defined in the statute:
"(I) To prevent assaults and threatened bodily harm;
(II) To prevent domestic abuse;
(III) To prevent emotional abuse of the elderly or of an at -risk adult;
(IV) To prevent sexual assault or abuse; and
(V) To prevent stalking."
Ms. Harper has done nothing unlawful by peaceably possessing, occupying and
using her private property or her access easements and clearly neither your client, nor
its employees, would have any basis, in fact or at law, to file an action against Mr.
Harper for issuance of a Civil Protection Order under this statute or to pursue criminal
prosecution of Ms. Harper. I remind you of the mandate imposed by C.R.C.P. 11 which
provides that:
"The signature of an attorney constitutes a certificate by him that he has read the
pleading; that to the best of his knowledge, information, and belief formed after reasonable
inquiry, it is well grounded in fact and is warranted by existing law or a good faith
argument for the extension, modification, or reversal of existing law, and that it is not
interposed for any improper purpose, such as to harass or to cause unnecessary delay or
needless increase in the cost of litigation."
Further, you are reminded of R.P.C. 4.5 which states that:
"A lawyer shall not threaten criminal, administrative or disciplinary charges to
obtain an advantage in a civil matter nor shall a lawyer present or participate in
presenting criminal, administrative or disciplinary charges solely to obtain an advantage
in a civil matter."
Therefore, I would submit that until you, or Crestone Peak Resources, can legally
prove that the strip of land you refer to as Weld County Road 18 is a dedicated Weld
County Public Road or public right-of-way, your specious CEASE AND DESIST
Ms. Jamie Jost, Esq.
January 28, 2019
Page three
NOTICE is nothing more than your attempt to bully and intimidate Ms. Harper from
exercising her constitutionally protected rights to peaceably enjoy, possess, occupy,
use and protect her private property and access easements. Crestone's filing of a Civil
Protection Action would not be well grounded in fact or warranted by existing law and
thus could subject yourself and your client to sanctions or an award of attorney fees and
your threat to pursue criminal prosecution for Ms. Harper's lawful conduct on her own
private property and access easements for the purpose of obtaining civil advantage in
the ongoing legal dispute over Crestone's right of access to the Regnier Farms 19H -B268
Pad could result in Ms. Harper's filing a grievance with the Attorney Regulation
Counsel.
In conclusion, until a Court of competent jurisdiction determines by Declaratory
Judgment that the strip of land within Ms. Harper's property and access easement, that
you refer to as Weld County Road 18, is a dedicated Weld County Public Road or public
right-of-way, Ms. Harper intends to continue to stand her ground, participate in all
administrative, civil and quasi-judicial proceedings involving Crestone's activities in
her neighborhood and most importantly, to exercise her Constitutional rights as a
private property owner.
2/5/2019
[#2740] COGCC Complaint Recieved
[#2740] COGCC Complaint Recieved
/9.
From: COGCC Complaints <dnr cogcc.complaints@state.co.us>
To: dnr_cogcc.complaints@state.co.us, harperdeltufo@earthlink.net
Subject: [#2740] COGCC Complaint Recieved
Date: Feb 5, 2019 11:44 AM
COGCC received your complaint
Date of Complaint
Your Name
Your Address
Your City and State
Your Zip Code
Your Phone (Used only to
follow up)
Email Address
Type of Complaint (Click all
that apply)
Location of Concern
Detailed description of the
issue or issues.
Feb 05, 2019
Amanda Harper
517 County Road 18
Longmont
80504
7204549978
harperdeltufo@earthlink.net
Revoking Permit and COGCC grants permit against the ACT
Regnier Farms Facility Site, SW Weld County
This complaint has two parts which are interrelated:
I) I am contesting the location of Regnier Farms Facility Site Location on Form 2A and
demanding that the the Form 2A for Regnier Farms Large Scale Facility Site be revoked
and renegotiated to another location on Regnier Farms on the north side of his property
directly off of CR20.5, where the Drilling road, for the large scale 11 well site, is being
built, and where the facility site should have been located in the first place so Regnier's
entire operation would be contained in an already industrialized area and 100% on
Regnier Farms property.
As well, I am demanding that Form 2A Permit be revoked immediately, as our
neighborhood is in clear and present danger and of being unnecessarily industrialized.
II) Based on evidence that is complex and detailed I am charging the COGCC with going
against the ACT because they approved the Regnier Facility Site location without
balancing or being consistent with the health safety and welfare of our neighborhood.
The COGCC did not follow it's ACT " (1) (a) It is declared to be in the public interest to:
(I) Foster the responsible, balanced development, production, and utilization of the
natural resources of oil and gas in the state of Colorado in a manner consistent with
protection of public health, safety, and welfare, including protection of the environment
and wildlife resources; END
And if the COGCC did indeed use all available data, including information provided on
the Form 2, and from the repeated Public communications, then the COGCC is even
more liable for not considering the ACT, because it clearly did not oversee with any kind
of due diligence a responsible balanced consistent plan for the fostering of Regnier's Oil
and Gas economic development with all of the valid and legitimate concerns needed to
http://webmail.earthlink.net/wam/printabie.jsp?msgid=25191 &x=-497033566 1/3
21512019
Do you know who the oil and
gas company is? If so,
please specify and if you
contacted them already
please indicate that and who
you talked with.
[#2740] COGCC Complaint Recieved
protect our neighborhood (Article II Section 3 of the State Constitution). So t C• - C
did not act in a manner consistent with: All persons have certain natural, essential and
inalienable rights, among which may be reckoned the right of enjoying and defending
their lives and liberties; of acquiring, possessing and protecting property; and of seeking
and obtaining their safety and happiness. Art. I1, Section
The COGCC did not utilize it's authority to protect all of the property owners involved in
this situation, who wouldn't be involved at all, if Regnier Farms wouldn't have set up the
permanent route so that the burden of his economic development is on the backs of
seven families in our neighborhood.
The COGCC did not utilize due diligence and understand and know exactly what was
going on in the OGLA contained in the application, did not use the Public Comment
information submitted on the application, and no Alternative Site Locations were
considered right from the initial application, therefore the COGCC was negligent by
permitting the Regnier Facility Site location.
Additionally, there is evidence that the 'Permanent' access route was part of the
negotiation between Regnier Farms and Crestone Peak Resources which:
A. Has the permanent access route crossing 3 private lanes, none of which Regnier
Farms has legal rights to use for his economic benefit
B. Has the route for Regnier Farms Economic benefit solely on private lanes in our
neighborhood instead of on Regnier Farms, without any legal authorization or approval
to do so.
C. Is the least cost effective option for Crestone Peak Resources. The CR1/Rd.18
access point places the permanent transportation route for production at a 2.6 mile
round trip instead of 200 feet round trip off of CR 20.5. Both sites are technically feasible
and both sites use 13 acres of agricultual land.
All of this was embedded in the OGLA on the application for the location of the facility
site, which you approved June 12, 2017.
Additionally, the Access Permit to utilize CR1 and Rd. 18 as the access point which was
approved by Weld County Public Works has misrepresentations, a falsified document,
and incorrect maps and photos. The COGCC approved this OGLA information. I am in
process contesting the Access Permit # A18-00845 in Weld County.
For all of these reasons and others:
I) I am contesting the location of Regnier Farms Facility Site Location on Form 2A and
demanding that the the Form 2A for Regnier Farms Large Scale Facility Site be revoked
and renegotiated to another location on Regnier Farms on the north side of his property
directly off of CR20.5, where the Drilling road, for the large scale 11 well site, is being
built, and where the facility site should have been located in the first place so Regnier's
entire operation would be contained in an already industrialized area and 100% on
Regnier Farms property.
As well, I am demanding that Form 2A Permit be revoked immediately, as our
neighborhood is in clear and present danger and of being unnecessarily industrialized.
II) Based on evidence that is complex and detailed I am charging the COGCC with going
against the ACT because they approved the Regnier Facility Site location without
balancing or being consistent with the health safety and welfare of our neighborhood.
I also need a hearing before the COGCC commissioners asap.
Crestone Peak Resources
Yes I have responded to their Cease And Desist Letter to me with a letter written on my
behalf from Steven Janssen Esq
http://webmail.earthlink.net/wam/printable.jsp?msgid=25191 &x=-497033566 2/3
Hello