HomeMy WebLinkAbout20181710.tiff/Zip/4,e6
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW/Regular or Consent Hearing Agenda REQUEST
RE: BOCC Agenda Item - Approve Improvements Agreement for:
Kerr McGee Gathering LLC — 1 MUSR 17-14-0019
DEPARTMENT: Public Works DATE: 2/13/2018
PERSON REQUESTING: Evan Pinkham
Brief description of the issue:
The Department of Public Works received a request from the applicant, Kerr McGee Gathering LLC, requesting
that the Board of County Commissioners consider approving the Improvements Agreement for the oil and gas
facility (IMUSR17-14-0019).
Weld County Public Works, Planning Services and the County Attorney's Office have reviewed the above -
mentioned signed original document and observed the following:
All Public Works related items, of the "Improvements & Road Maintenance Agreement According To Policy
Regarding Collateral For Improvements", are found to be acceptable.
The Department of Public Works received a request from the applicant, Kerr McGee Gathering LLC, requesting
that the Board of County Commissioners consider accepting off -site collateral in the form of a company
check (#838285419) in the amount of $3,600.00, for the above -mentioned Improvements Agreement.
What options exist for the Board?
1. Have this BOCC Hearing item be placed on the next available agenda as part of the Consent Agenda.
2. Have this BOCC Hearing item be placed on the next available agenda as part of the Regular Agenda.
Recommendation:
Option 1. The Departments of Public Works, Planning Services and the County Attorney's Office are
recommending approval of the Improvements & Road Maintenance Agreement According To Policy Regarding
Collateral For Improvements for (1MUSR17-14-0019), and that this item be placed on the next regularly
scheduled BOCC Hearing, as part of the Consent Agenda.
Sean P. Conway
Julie A. Cozad
Mike Freeman
Barbara Kirkmeyer, Pro -Tern
Steve Moreno, Chair
Approve
Schedule as Regular
Recommendation BOCC Hearing hem Other/Comments:
2018-1710
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IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
Kerr McGee Gathering LLC — 1MUSR17-14-0019
THIS AGREEMENT is made this 3134 -day of QHuary , 201 �, by and between
Anadarko E&P Company LP, hereinafter referred to as "Property Owner," and the County of Weld,
by and through its Board of County Commissioners, hereinafter referred to as "County."
WITNESSETH:
WHEREAS, Property Owner is the owner of the property described in the application to Use
by Special Review 1MUSR17-14-0019, referred to as "the Property," which has been approved by
the County, and
WHEREAS, the Property Owner facility will generate additional vehicles and heavy traffic
for an extended period of time; and
WHEREAS, the County, and Property Owner are desirous of agreeing to terms involving
regulation of haul routes, traffic control, and road wear arising from such additional traffic.
WHEREAS, as a condition of approval of 1MUSR17-14-0019, the Property Owner agrees to
complete the improvements required by this Agreement; pursuant to Exhibit A (Costs) and Exhibit B
(Schedule) which are included, and depicted in the Plat Map and, if applicable, the set of accepted
Construction Plans, copies of which shall be attached to this Agreement as they become available and
made a part hereof, as Exhibits C (Plat Map), and D (Construction Plans), and
WHEREAS, the parties agree that the Property Owner shall provide collateral for all off -site
improvements required by this Agreement before the Property Owner submits and receives approval
of an application for a Grading Peluiit, Building Permit or for a Right -Of -Way Permit for construction
of accesses and work within the County and/or State of Colorado Right -Of -Way, or at a time
determined acceptable by the Board of County Commissioners.
m84 w NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and
Cm-hal covenants contained herein, the parties hereto promise, covenant and agree as follows:
c)m Part 1 (of 2): Site Specific Provisions
a3H A. Required Off -Site Improvements:
To 1.0 Weld County Roads: The Property Owner shall be responsible for the construction and
F_k"' maintenance of the following off -site safety improvements, as described in the accepted Exhibit C
m m w (Plat Map) and/or Construction Plans (Exhibit D):
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1.1 Construction of adequate turning radii sixty (60) feet at the main entrances and exits
which extend partially into CR 28 right-of-way (ROW);
F_ 1.2 Drainage installations;
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1.3 Signage Installations;
1.4 Standard County approved tracking control, placed across the entire width of the
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roadway, to ensure a complete revolution of the truck tires in order to minimize the tracking
of mud and debris onto the adjacent County Road;
Granting of any new point of access may generate additional obligations with County for Off -
Site Improvements and the need to post additional "Road Maintenance Collateral", if applicable. A
County access permit is needed for every access to a County road.
2.0 Road Improvements Responsibilities: Property Owner is solely responsible for all designated
improvements and for all expenses associated therewith.
3.0 Timing of Improvements: Subject to the provisions of Weld County Code and any conditions
or considerations granted by the Board of County Commissioners, Property Owner shall not be
required to complete the aforementioned offsite improvements until the occurrence of the triggering
event for each improvement, namely the application for the Grading Permit, Building Permit or Right -
Of -Way access permit or the commencement of activities on the property(s).
B . HauUTravel Routes
1.0 Established Haul Routes from the facility access point:
1.1 Exiting or entering the site: haul vehicles shall enter or exit the site at the approved accesses
onto CR 28 for further dispersal. Any County and/or CDOT roads routinely utilized by
USR haul traffic may become part of the established haul routes.
1.2 No haul vehicles may exceed CDOT required specifications for pounds per
axle.
1.3 In unusual or rare occasions, if particular projects mandate deviation from the above -
mentioned haul route, the County may approve a deviation for a limited period of time (not
more than thirty days). If County approves such deviation, haul vehicles will utilize paved
county roads whenever possible. A deviation from the established Haul route lasting more
than thirty (30) days or requests for two or more deviations within a twelve month period
shall be subject to the teinis of Section B.4.0. In the event that haul route traffic, in excess
of 15% of the daily facility haul vehicle trips, utilizes alternate haul routes, the provisions
of Section 4.0 of this Section B shall be triggered.
2.0 No Deviation from Approved Haul Routes: Except under the provisions provided in Section
B.1.3, no deviation in the use of any roads other than those specifically authorized for use in this
Agreement is peiiiiitted without the prior written amendment of this Agreement.
3.0 Haul Route Signage(If Applicable): Property Owner shall install haul route signs, as per
MUTCD standards, at all exit points of the Property which can be clearly seen by drivers leaving the
facility and which clearly depict County approved haul routes.
4.0 Effect of Future Changes to Haul Routes: Any future changes to haul routes requiring use of
unpaved County road may require dust control or paving of such roads, as defined by an amended
agreement. In such circumstance, County will determine the proportionate share of dust control
and/or paving costs to be paid by Property Owner based upon then current vehicle trip counts that
identify traffic loading due to Property Owner's facility. The amount and extent of dust control and/or
Page 2 of 12
paving measures will be determined by site -specific conditions at the time, as determined exclusively
by County personnel.
5.0 Off -Site Dust Control/Abatement: The Property Owner is required to provide dust abatement
along affected Haul Route Roads approximately two to five times per year, as determined by the
County. County will determine the proportionate share of dust control to be paid by Property Owner.
The amount and extent of dust control measures will be determined by site -specific conditions at the
time, as determined exclusively by County personnel. The County reserves the right to install traffic
counters on the driveway(s) of the Property Owner's facility. The County will have sole
responsibility for determination of the percentage of haul route traffic on all affected roads.
6.0 Obligation to Maintain Current and Future Haul Routes: Property Owner will be financially
responsible for the excavation, repair, and patching of any damage on current or future haul route
roads, which in the sole opinion of County has been created by vehicle traffic to and from the Property.
Should Property Owner's site activities or vehicle circulation patterns change in the future so that
County approves an alternate haul route, and all or a significant portion of Property Owner's sourced
traffic no longer utilizes the above -described haul route and instead utilizes other portions of County
roads, Property Owner shall cooperate with County in maintenance of said roads which are included
within the new haul route. The type and method of repair will be determined by the County Engineer
or his representative. Repairs shall commence within 48 hours of notification by the County for any
roadway damage that exposes the driving public to adverse or unsafe driving conditions. All other
repairs shall commence within thirty (30) days of receipt of Weld County's written notice.
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6.1 Need for Immediate Repairs: In the event of damage to an Approved Haul Route by
Project traffic that causes an immediate threat to public health and safety or renders the
road impassible ("Significant Damage"), County shall, after inspection, notify Property
Owner of such Significant Damage. Property Owner shall identify the repair required and
shall consult with County on the extent, type, timing, materials and quality of repair (i.e.
temporary versus permanent) within twenty-four (24) hours after receipt of such notice
and shall commence such repair within forty-eight (48) hours after receipt of such notice.
If such repair is not commenced within such forty-eight (48) hour period, County shall
have the right to draw on the Road Maintenance Collateral and use such funds to perform
such repair. If Property Owner identifies Significant Damage prior to receiving notice
thereof from County, Property Owner may commence repair of such Significant Damage
and shall concurrently notify County of the extent, type, timing, materials and quality of
repair (i.e. temporary versus permanent).
6.2 Repair of Road: On or before December 31 of the calendar year in which County staff
has determined through site analysis and/or pavement testing that a particular haul route
road portion will require paving measures in order to protect the public health, safety, and
welfare, and has budgeted sufficient funds for the following calendar year to pay its share
of the Off -Site Improvement/Repair Costs, County shall notify Property Owner in writing
that the Off -Site Improvements/Repairs shall be undertaken. Within ninety (90) days of
its receipt of County's notice of the need to undertake the road maintenance repairs and/or
improvements, Property Owner shall submit Off -Site Construction Plans and Cost
Estimates to County for review. Property Owner shall have sole responsibility for the
completion of the repairs and/or improvements on or before December 15 of the year
following County's notice of the need for repairs.
Page 3 of 12
6.3 In County's sole discretion, County may undertake the repairs and/or improvements.
Property Owner's payment for its Proportionate Share of the road repairs/improvements
will be calculated as described in this Agreement.
7.0 Annual Road Inspection: County will conduct a road inspection annually with the cooperation
of Property Owner and all other Property Owner and/or Lessees who are required by County to
participate in road improvement/maintenance agreements. As a result of the annual inspection,
County, in its sole discretion, shall determine actual conditions and shall further determine what road
repair/improvement/maintenance work is to be performed during that construction season.
Notification to the Property Owner of the required roadway repairs will be given as soon as the data
becomes available.
8.0 Future Improvements to Haul Routes: If traffic volume or conditions require future
improvements to be made to the haul route(s), including intersections and/or railroad crossings, the
County may require Property Owner to pay a proportionate share of the cost of the entire project.
Future improvements will be subject to any Federal, State or County regulations in place at the time
the improvement project is initiated. Property owner will be responsible for its proportionate share
for the installation of safety improvements to help prevent traffic from turning into oncoming traffic,
at the intersections of CR 28 and CR 21.5, when deemed appropriate by Weld County for the safety
of the traveling public.
Due to the increased traffic volumes at the facility below is a list of triggers for the improvements
for the upgrading, widening, and/or paving of County maintained roads in the area of the facility
entrance:
a. 200 vehicles per day Mag-Chloride
b. 300 vehicles per day Alternate Pavement
c. 400 vehicles per day Asphalt Pavement
Other roadways Improvements may be triggered due to heavy truck traffic associated with the
facility including additional turn lanes onto CR 28; the following is a list of the triggers for turn
lanes:
a. 25 vph turning right into the facility during a peak hour.
b. 50 vph turning right out of the facility during a peak hour.
c. 10 vph turning left into the facility during a peak hour.
9.0 Future Road Replacement: At any time in the future, if, in the opinion of County, road damage
increases beyond the point that repair of damage cannot maintain the road in a safe and usable
condition, Property Owner shall pay a proportionate cost of a complete road restoration. Notification
to the Property Owner of the required roadway replacements will be given as soon as the data becomes
available and typically takes place before the end of the year prior to the start of the replacement
project.
10.0 Proportionate Share of Road Maintenance Responsibilities:
10.1 Property Owner shall pay its Proportionate Share of costs of dust control/abatement,
paving, repairs, maintenance, improvements, or future road replacement of any particular
Haul Route Road. Property Owner's Proportionate Share shall be based upon the
percentage of traffic on the road that is attributable to Property Owner's facility. County
personnel will determine the percentage based on then current Equivalent Single Axle
Page 4 of 12
Load (ESAL) Counts. Property Owner shall not be responsible for traffic that is not
sourced from the Property Owner's facility.
10.2 The County shall notify Property Owner of County's preliminary determination and
assessment of Property Owner's proportionate share of costs. Prior to County's final
determination and assessment, County shall provide Property Owner with a reasonable
opportunity to review, comment upon and supplement County's data, collection
methodology, and determinations. The County shall review and consider Property
Owner's input prior to making a final determination and assessment. The County shall
have sole responsibility for determination of Property Owner's proportionate share of
costs.
11. Road Maintenance Collateral: Property Owner shall post Road Maintenance Collateral as
described by Part 2 of this Agreement.
C. On -Site Improvements(Not Applicable)
1.0 Landscaping and Fencing Requirements: Property Owner shall at its own expense, plant,
install and/or maintain all grass and other landscaping and re -seeding where applicable as shown on
the accepted Construction Plans and/or Plat Map. Additionally, the Property Owner shall install
and/or maintain fencing to screen the property where applicable as indicated on the accepted
construction plans and/or Plat Map. In the event any of these improvements may include work
extending into State or County Right -Of -Way, a Right -Of -Way or access permit is required.
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2.0 On -Site Grading, Drainage Facilities and Paving: Property Owner shall, at its sole expense,
grade and/or pave, if applicable, specified roadways, accesses, easements and parking areas, and
install accepted drainage and signage components, adjacent to or within the interior portion of the
property in accordance with the directives of the Weld County Department of Public Works and
Department of Planning Services, as further described in the accepted Construction Plans and Plat
Map. Any other on -site improvements shall be completed as indicated on the accepted Construction
Plans for this facility. Property Owner shall be responsible for all maintenance of the on -site
improvements. Additional infrastructure improvements will be addressed at the time of application
for any future amended USR. Some of these improvements may include work extending into State or
County Right -Of -Way in which case a Right -Of -Way or access permit is required.
3.0 Timing of Improvements: Subject to the provisions of Weld County Code and any conditions
or considerations granted by the Board of County Commissioners, Property Owner shall not be
required to initiate any applicable landscaping requirements until the occurrence of the triggering
event for all improvements, namely the approval of the grading permit or an amendment to the
existing USR. Except with prior County consent, no grading permit will be released until collateral is
posted for all off -site improvements and the final Construction Plans have been submitted to and
accepted by the Department of Public Works. Access and/or Right -Of -Way permits might also be
required prior to approval of the grading permit. Grading shall not commence until Construction
Plans are accepted. Any alterations to the accepted Construction Plans must be accepted in writing
by the County Planning and Public Works Departments. At that time, and unless otherwise amended,
Property Owner agrees that all landscaping and other on -site improvements shall be completed within
the parameters established in this Agreement.
"End of Part I"
Page 5 of 12
IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
Kerr McGee Gathering LLC — 1MUSR17-14-0019
Part 2: General Provisions
A. General Requirements:
1.0 Engineering Services: Property Owner shall furnish, at its own expense, all engineering
services in connection with the design and construction of the improvements identified on the
accepted Construction Plans according to the construction schedule set forth in Exhibit "B," both
of which are attached hereto and incorporated herein by reference.
1.1
The required engineering services shall be performed by a Professional Engineer and
Land Surveyor registered in the State of Colorado, and shall conform to the standards
and criteria established by the County for public improvements.
1.2 The required engineering services shall consist of, but not be limited to, surveys,
designs, plans and profiles, estimates, construction supervision, and the submission of
necessary documents to the County.
1.3 Property Owner shall furnish construction drawings for the road improvements on
public rights -of -way or easements and all improvements interior on the Property for
approval prior to the letting of any construction contract.
1.4 Construction Standards: All improvements shall conform to the "Standard
Specifications for Road and Bridge Construction" provided by CDOT.
2.0 Rights -of -way and Dedication of Right -of -Way: If necessary, Property Owner agrees to
acquire any property interests, such as right-of-way, utility or access easements, necessary to
complete any improvements required by this Agreement. Any rights -of -way to be dedicated to the
County shall be conveyed by appropriate deed and, after acceptance by the County, recorded in
the records of the Weld Count Clerk and Recorder.
3.0 Construction: Property Owner shall furnish and install, at its own expense, the
improvements identified on the accepted Construction Plans and Plat Map, be solely responsible
for all associated costs. All improvements must be completed in accordance with the schedule set
forth in Exhibit "B". The Board of County Commissioners, at its option, may grant an extension
of time upon application by the Property Owner.
3.1 Said construction shall be in strict conformance to the plans and drawings accepted by
the County and the specifications adopted by the County.
3.2 Property Owner shall employ, at its own expense, a qualified testing company
previously approved by the County to perform all testing of materials or construction;
and shall furnish copies of test results to the County. If County discovers
inconsistencies in the testing results, Property Owner shall employ at its expense a third
party qualified testing company approved by County. Such third party shall furnish the
certified results of all such testing to the County.
Page 6 of 12
3.3 At all times during said construction, the County shall have the right to test and inspect,
or to require testing and inspection of material and work, at Property Owner's expense.
Any material or work not conforming to the approved plans and specifications,
including but not limited to damages to property adjacent to the construction plan area
shall be repaired, removed or replaced to the reasonable satisfaction of the County at
the expense of Property Owner.
3.4 Permits. Property Owner must still apply for and abide by the terms of any necessary
right-of-way permits, grading permits, and building permits. No work may occur in the
County's right-of-way without a County -issued right-of-way permit and access permit.
4.0 Release of Liability: Property Owner shall indemnify and hold harmless the County from
any and all liability loss and damage County may suffer as a result of all suits, actions or claims
of every nature and description caused by, arising from, or on account of said design and
construction of improvements, and pay any and all judgments rendered against the County on
account of any such suit, action or claim, together with all reasonable expenses and attorney fees
incurred by County in defending such suit, action or claim whether the liability, loss or damage is
caused by, or arises out of the negligence of the County or its officers, agents, employees, or
otherwise except for the liability, loss, or damage arising from the intentional torts or the gross
negligence of the County or its employees while acting within the scope of their employment. All
contractors and other employees engaged in construction of the improvements shall maintain
adequate worker's compensation insurance and public liability insurance coverage, and shall
operate in strict accordance with the laws and regulations of the State of Colorado governing
occupational safety and health.
5.0 Acceptance of Off -Site Improvements by the County: Upon written request by the
Property Owner, the County shall accept the Property Owner's off -site improvements, such
acceptance not to be unreasonably withheld or delayed, if the following conditions are met:
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• The off -site improvements have been completely constructed, and
• The Property Owner's Engineer has filed a Statement of Substantial Compliance, and
• The County Engineer has inspected the improvements and agrees they are complete.
5.1 The County does not represent that the improvements will be constructed and/or
available for their intended use(s). The County does not assume liability for
improvements designed and/or constructed by others.
5.2 If approved by the County Engineer, portions of the improvements may be placed in
service, but such use shall not constitute an acceptance by the BOCC.
5.3 County may, at its option, issue building permits for construction for which the
improvements detailed herein have been started but not completed according to the
schedule shown on Exhibit "B," and may continue to issue building permits so long as
the progress of work on the USR improvements in that phase of the USR is satisfactory
to the County, and all terms of this Agreement have been faithfully kept by Property
Owner.
Page 7 of 12
6.0 Warranty Period: Property Owner agrees to warrant the improvements for two years from
the date the improvements are accepted by the County. Upon completion of the two-year warranty
period and at the request of the Property Owner, the County Engineer shall inspect the
improvements and direct the Property Owner to correct any deficiencies. The County Engineer
shall re -inspect after all corrections have been completed. If the County Engineer finds that the
improvements are constructed according to County standards and the accepted Construction Plans,
he/she shall recommend full acceptance. Upon receipt of the County Engineer's unqualified
recommendation for acceptance, the BOCC shall accept the improvements.
7.0 General Requirements for Collateral: County requires Property Owner to provide collateral
to guaranty all of Property Owner's obligations under this Agreement: (1) Project Collateral for
completion of off -site improvements described in this Agreement; (2) Warranty Collateral required
for all improvements during the warranty phase; and (3) Road Maintenance Collateral (If
Applicable) to be kept in place for the life of the permit.
7.1 Project Collateral — Property Owner shall submit Project Collateral in a form accepted
by Weld County to guarantee completion of any off -site improvements. Such collateral
must be equivalent to One -Hundred Percent (100%) of the value of the improvements
as shown in this Agreement. This collateral must be submitted to County upon the
execution of this Agreement, or at a time determined acceptable by the BOCC, and
shall be held in total by County until such improvements are accepted and collateral is
released by the BOCC.
7.2 Warranty Collateral for all off -site improvements shall be submitted to County and
shall be held in total by the County for two (2) years following its written acceptance
of the improvement(s).
7.3 If required by Part 1 of this Agreement, Road Maintenance Collateral shall be
submitted to County at the time of approval of this Agreement. Road Maintenance
Collateral is held for use on roads associated with the designated haul route. The
submitted amount shall be $3,600.00 for facilities adjacent to paved haul route roads
or $2,400.00 for facilities adjacent to gravel haul route roads.
7.4 Collateral may be in any form permitted by Weld County Code Chapter 2, Section 3.
7.5 The Board of County Commissioners reserves the right to reject collateral as permitted
by Weld County Code Chapter 2 Section 3.
7.6 Collateral shall be released in accordance with the provisions of Weld County Code
Chapter 2 Section 3.
AF B. Violations of Agreement and Remedies
1.0 Violation of Telliis of Agreement: If in County's reasonable opinion, Property Owner has
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violated any of the terms of this Agreement, County shall so notify Property Owner and shall state
r with specificity the facts and circumstances which County believes constitute the violation.
ME Property Owner shall have thirty (30) days within which to either cure the violation or demonstrate
Page 8 of 12
compliance. Thereafter, County may seek any remedy described in this Agreement or otherwise
provided by law.
2.0 Termination of Agreement: Termination Event: This Agreement shall terminate upon the
earliest of the following events:
2.1 Cessation of all Permit Related Activities: Termination of this Agreement shall occur
upon Property Owner's complete cessation of all activities permitted by the USR. A
partial cessation of activities shall not constitute a Termination of this Agreement, nor
shall County's issuance of a partial release constitute a Termination. Unless informed
in writing by the Property Owner of cessation of activities, and verified by the County,
cessation shall be presumed if the County determines that the USR has been inactive
for three (3) years. Property Owner shall not be entitled to a release of Project or
Warranty Collateral unless and until the improvements required by this Agreement are
completed.
2.2 Execution of Replacement Agreement: This Agreement shall terminate following
County's execution of a new Improvements Agreement with a new Property Owner or
Operator who has purchased the Property or has assumed the operation of the business
permitted by the USR, and intends to make use of the rights and privileges available to
it through the then existing USR.
2.3 Revocation of USR: This Agreement shall terminate following County's revocation of
Property Owner's USR, except that the Property Owner shall only be released from
this Agreement after the successful completion of all improvements required under this
Agreement, which may be completed by County after accessing Property Owner's
collateral if Property Owner fails to complete such improvements.
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3.0 Revocation of USR: Property Owner acknowledges that failure to comply with the material
terms of this Agreement constitutes cause to revoke the USR, and County may exercise this option
in its sole reasonable discretion by proceeding with revocation under the then current provisions
of the Weld County Code.
4.0 County Completion of Improvements / Accessing Collateral: County reserves the right to
access any collateral provided by Property Owner in order to complete the improvements required
under this Agreement, if Property Owner fails to do so for any reason, after receiving notice of a
violation of the teems of this Agreement as provided herein.
5.0 Court action: Upon notice of violation and failure to cure within the time permitted by this
Agreement, County may seek relief in law or equity by filing an action in the Weld District Court,
except that no such civil action or order shall be necessary to access collateral for the purpose of
completing improvements as described above.
C. Miscellaneous Provisions.
1.0 Definitions:
1.1 All references in this Agreement to "County Engineer" shall refer to the any individual
Page 9 of 12
or individuals appointed by the County Engineer to act on his/her behalf.
1.2 All references to "Haul Routes" include identified travel routes for subdivisions;
references to "haul vehicles" include subdivision vehicular traffic, as applicable.
1.3 All references to "Property Owner" shall include any individual or entity, including an
"Operator", who is acts on behalf of the Property Owner regarding this Agreement.
2.0 Successors and Assigns: This Agreement may not be delegated, transferred or assigned in
whole or in part by Property Owner without the express written consent of County and the written
agreement of the party to whom the obligations under this Agreement are assigned. Property
Owner's release of its obligations shall be accomplished by County's execution of a new
Improvements Agreement with the successor owner of the property. Consent to a delegation or an
assignment will not be unreasonably withheld or delayed by County. County's rights and
obligations under this Agreement shall automatically be delegated, transferred or assigned to any
municipality which, by and through annexation proceedings, has assumed jurisdiction and
maintenance responsibility over the roads affected by this Agreement. All of the terms and
conditions set forth in this Agreement shall be binding upon the heirs, executors, personal
representatives, successors and assigns of Property Owner, and upon recording by the County,
shall be deemed a covenant running with the land herein described.
3.0 Governmental Immunity: No term or condition of this agreement shall be construed or
interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections
or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as
applicable now or hereafter amended.
4.0 No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the
enforcement of the terms and conditions of this Agreement, and all rights of action relating to such
enforcement, shall be strictly reserved to the undersigned parties, and nothing contained in this
Agreement shall give or allow any claim or right of action whatsoever by any other person or entity
IIMFs; not included in this Agreement. It is the express intention of the undersigned parties that any person
m� or entity, other than the undersigned parties, receiving services or benefits under this Agreement
'3(D shall be an incidental beneficiary only.
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r..85.0 Entire Agreement/Modifications: This Agreement including the Exhibits attached hereto
K• ea and incorporated herein, contains the entire agreement between the parties with respect to the
-.6; 3a subject matter contained in this Agreement. This instrument supersedes all prior negotiations,
- (Tx, � representations, and understandings or agreements with respect to the subject matter contained in
4,0 r o this Agreement. This Agreement may be changed or supplemented only by a written instrument
F.L!' 0 signed by both parties.
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CL 6.0 Board of County Commissioners of Weld County Approval: This Agreement shall not
S be valid until it has been approved by the Board of County Commissioners of Weld County,
X� Colorado or its designee.
7.0 Choice of Law/Jurisdiction: Colorado law, and rules and regulations established pursuant
r thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any
• provision included or incorporated herein by reference which conflicts with said laws, rules and/or
Page 10 of 12
regulations shall be null and void. In the event of a legal dispute between the parties, Property
Owner agrees that the Weld County District Court shall have exclusive jurisdiction to resolve said
dispute.
8.0 Severability: If any term or condition of this Agreement shall be held to be invalid, illegal,
or unenforceable by a court of competent jurisdiction, this Agreement shall be construed and
enforced without such provision, to the extent that this Agreement is then capable of execution
within the original intent of the parties.
9.0 Attorneys Fees/Legal Costs: In the event of a dispute between County and Contract
Professional, concerning this Agreement, the parties agree that each party shall be responsible for
the payment of attorney fees and/or legal costs incurred by or on its own behalf.
10.0 Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any
extra judicial body or person. Any provision to the contrary in this Agreement or incorporated
herein by reference shall be null and void.
11.0 Authority to Sign: Each person signing this Agreement, and associated Exhibits, represents
and warrants that he or she is duly authorized and has legal capacity to execute and deliver this
Agreement. Each party represents and warrants to the other that the execution and delivery of the
Agreement and the performance of such party's obligations hereunder have been duly authorized
and that the Agreement is a valid and legal agreement binding on such party and enforceable in
accordance with its terms. If requested by the County, Property Owner shall provide the County
with proof of Property Owner's authority to enter into this Agreement within five (5) days of
receiving such request.
4403695 Pages: 11 of 13
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Carly Koppes, Clerk and Recorder, Weld County, CO
kr0117�4l���F� � rFi��'� �Y4rh II
Page 11 of 12
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the
day and year first above written.
PROPERTY OWNERS:
SIGNATURE
PRINTED NAME
(4,
f I i 14.106-144 S'wt. i-i-t4
TITLE (If Applicable) W1 (A,141' C ( eal
STATE OF COLORADO
County of Weld
by
)
)
)
The foregoing instrument w,s ac
S 1n 1'r(' S d lay
11
WITNESS my hand and official seal.
STATE OF COLORADO
County of Weld
by
)
)
)
SS.
A.hVI i vL.G
S.ffrsor
owledged before me this I day of jitiihItI y , 2018,
Notary P
SS.
r
I!ILi iL
�I t
t�.
The foregoing instrument was acknowledged before me this 'ay of
WITNESS my hand and official seal.
CHLOE ALEXANDRA REMPEL
NOTARY PUBLIC
STATE OF COLORADO
NO ARY ID 20164024038
SION PIRES n 2
A
Weld County Clerk to the Board
BY: _
Deputy Clerk to the
Notary Public
, 2018,
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Steve Moreno, Chair
NAY 302018
4403695 Pages: 12 of 13
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Carly Koppes, Clerk and Recorder, Weld County, CO
11111 MOM IPi"Ill
U:\Engineering\PLANNING — DEVELOPMENT REVIEW\ -2017 Planning Referrals \MUSR17\1MUSR17-14-0019 Kerr McGee Gathering
LLC\Anadarko (1MUSR17-14-0019) - Part 2 Final IA (1-29-2018).docx
Page 12 of 12
o'�O I $ - 11O
EXHIBIT A - Cost Sheet
Name of Facility: Mead Compressor Station
Personnel Contact: Name Samuel Samet
Filing/Case #: I MUSR 17-14-0019
Title: Regulatory Analyst
Location: NW 1/4 Section 35,T3N,67 West
Phone: 720-929-3317
Intending to be legally bound, the undersigned Applicant hereby agrees to provide throughout this facility the following improvements.
Improvements
(OFF -SITE IMPROVEMENTS)
,PUBLIC WORKS,.
Cost $
Road Maint. Collateral (per Sec. E.-7.5)
(Paved Road = $3600 Gravel Road = $2400)
$3600.00
TOTAL COST ($)
$3600.00
EXHIBIT B - Time Schedule
FINAL ESTIMATED COMPLETION DATE FOR PROJECT
9/30/2018
EXHIBIT A (Cost Sheet) & EXHIBIT B (Time Schedule) - Signature Portion
The above improvements shall be constructed in accordance with all County requirements and specifications, and conformance with this
provision shall be determined solely by Weld County, or its duly authorized agent.
Said improvements shall be completed according to the construction schedule set out in Exhibit B
By:
Applicant/Le /Property Owner
uel Samet
Printed Name
Regulatory Analyst
Title
By:
Applicant/Lessee/Property Owner
Printed Name
Date , 20
4403695 Pages: 13 of 13
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Carly Koppes, Clerk and Recorder, Weld County, CO
Date , 20
Title
74-1292
KERR-MCGEE OIL & GAS ONSHORE LP
PO BOX 1330
HOUSTON. TX 77251-1330
PAY WELD COUNTY DEPT OF PLANNING SVCS
TO THE 1555 N 17TH AVE
ORDER OF: GREELEY, CO 80631
PAY
EXACTLY
CHECK
NUMBER 838285419
January 31, 2018
3,600 DOLLARS AND 00 CENTS
)PMorgan Chase Bank, N.A.
Dearborn, MI
DATE ��jt,6-//0 NO. 89925
igel°t)SAA/ L,'
e2 $ 4 moo, �
CASH
CHECK
MONEY
ORDER
HOW PAID
'V
✓� 49702371/7
/731
BY A.-1„
Planner:
Case Number:
Applicant:
Request:
LAND USE APPLICATION
SUMMARY SHEET
Diana Aungst Hearing: Director Approval
1 M USR 17-14-0019
Kerr-McGee Gathering, LLC do Nathan Keiser
1099 Eighteenth Street, Suite 1800
Denver, Colorado 80202
A Minor Amendment to a Site Specific Development Plan and Use by Special
Review Permit No. USR14-0019 for a Mineral Resource Development Facilities
including Oil and Gas Support and Service Facilities (compressor station for natural
gas and all related equipment) to add a Glycol Regen Skid, BTEX Skid, Vapor
Recovery Unit, Coalescing Filter Skid, pipe racks and two (2) 80 foot Lightening
Protection Masts in the A (Agricultural) Zone District.
Legal Lot B of Recorded Exemption RE -3668 being part of the NW4 of Section 35, T3N,
Description: R67W of the 6th P.M., Weld County, CO
Location: South of and adjacent to County Road 28; west of and adjacent to County Road
21.5
+/- 77.39 acres Parcel # 1209-35-2-00-040
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS
The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
Size of Parcel:
> Development Public Works, referral dated December 8, 2017
➢ Development Public Works - Engineer, referral dated December 6, 2017
➢ Weld County Department of Public Health and Environment, referral dated November 14, 2017
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
➢ Town of Mead, referral dated November 20, 2017
➢ City of Ft. Lupton, referral dated November 27, 2017
➢ School District RE -1, referral dated November 8, 2017
➢ Weld County Sheriff's Office, referral dated November 17, 2017
➢ Weld County Zoning Compliance, referral dated November 9, 2017
The Department of Planning Services' staff has not received responses from the following agencies
> Beeman Ditch
➢ Town of Firestone
➢ Town of Platteville
> Weld County Building Department
> Platte Valley Conservation District
> Colorado Division of Parks and Wildlife
➢ Platteville/Gilcrest Fire Protection District
➢ Weld County Office of Emergency Management
1MUSR17-14-0019
Page 1 of 9
Planner:
Case Number: 1 MUSR17-14-0019
Diana Aungst
SPECIAL REVIEW PERMIT
ADMINISTRATIVE REVIEW
Applicant: Kerr-McGee Gathering, LLC
1099 Eighteenth Street, Suite 1800
Denver, Colorado 80202
Request:
Hearing: Director Approval
A Minor Amendment to a Site Specific Development Plan and Use by Special
Review Permit No. USR14-0019 for a Mineral Resource Development Facilities
including Oil and Gas Support and Service Facilities (compressor station for natural
gas and all related equipment) to add a Glycol Regen Skid, BTEX Skid, Vapor
Recovery Unit, Coalescing Filter Skid, pipe racks and two (2) 80 foot Lightening
Protection Masts in the A (Agricultural) Zone District.
Legal Lot B of Recorded Exemption RE -3668 being part of the NW4 of Section 35, T3N,
Description: R67W of the 6th P.M., Weld County, CO
Location: South of and adjacent to County Road 28; west of and adjacent to County Road
21.5
Size of Parcel: +/- 77.39 acres Parcel # 1209-35-2-00-040
Case Summary:
This application is for a Minor Amendment to the existing Compressor Station. This amendment proposes
to add the following:
(1) Glycol Regen Skid
(1) BTEX Skid
(1) Vapor Recover Unit
(1) Coalescing Filter Skid
(1) Pipe Racks
(2) Lightning Protection Masts — 80 feet tall
The proposed equipment will allow third party gathering potential and ensure that truck traffic in and out of
the site does not increase. Transporting product from the facility by pipeline is preferred. Proposed lightning
masts also offer additional safety protection for the site. The site will continue to operate 24 hours a day, 7
days a week.
THE DEPARTMENT OF PLANNING SERVICES' DIRECTOR APPROVES THIS APPLICATION FOR THE
FOLLOWING REASONS:
1. The proposed change(s) will be compatible with existing and allowed uses in the surrounding area
and be in harmony with the neighborhood.
This compressor station USR has been in operation for 3 years. The Weld County Department of
Planning Services has received one letter from a surrounding property owner. The letter outlines
concerns about noise, lighting, traffic, and dying trees. After discussions with Mr. Reitz the applicant
submitted a letter stating that the lights and traffic were not from this site. The new equipment will
not add any noise and the dying trees will be addressed by the landscaper. All the landscaping is
required to be in place with living vegetation prior to recording this USR map.
1 MUSR17-14-0019
Page 2 of 9
2. The proposed change(s) is consistent with the County Comprehensive Plan pursuant to Chapter
22 of the Weld County Code.
Section 22-5-100.A - OG.Goal 1. states, "Promote the reasonable and orderly exploration and
development of oil and gas mineral resources" and Section 22-2-80 D - I. Goal 4. states, "All new
industrial development should pay its own way."
The applicant, Kerr-McGee, will be paying for all on -site and offsite improvements associated with
this use as required through the improvements agreement.
Section 22-6-20. C.1 - ECON. Policy 3.1. states, "County activities and regulation should protect the
rights of private property owners and the public health, safety and welfare, recognizing that these
basic rights and protections allow the free market to prosper and grow the local economy."
The applicant is proposing an expansion to an existing natural gas compressor station with signage,
lighting, and fencing. The hours of operation are proposed to be 24 hours a day / 7 -days a week.
3. The proposed change(s) will not result in a substantial adverse impact on the other property in the
vicinity of the subject property.
This is an unmanned facility with limited traffic. The applicant is addressing the concerns from the
surrounding property owner per a letter dated December 19, 2017 and all the landscaping is
required to be in place with living vegetation prior to recording this USR map.
4. The recommendations of the referral agencies have been considered.
The Development Standards and Conditions of Approval included in this recommendation address
the requirements of the referral agencies.
5. Not deemed to be a major change.
In discussions with staff at the Pre -Application (PRE17-0092) meeting on April 13, 2017, it was
determined that the proposed modifications are consistent with the existing permit and minor in
nature.
6. Must be consistent with the original development standards.
Many of the original Development Standards are still applicable and will be listed on the MUSR
map. The Development Standards will be updated to reflect current codes and policies.
This approval is based, in part, upon a review of the application materials submitted by the applicant, other
relevant information regarding the request, and responses from referral entities.
The Department of Planning Services' staff recommendation for approval is conditional upon the following:
1. Prior to recording the map.
A. An Improvements and Road Maintenance Agreement is required for offsite improvements at
this location. Road maintenance including, but not limited to dust control, tracking control,
damage repair, specified haul routes and future traffic triggers for improvements will be
included. (Department of Public Works)
B. All the landscaping is required to be in place with living vegetation prior to recording this USR
map. (Department of Planning Services)
C. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled 1MUSR17-14-0019
2) The attached Development Standards.
3) The map shall be prepared per Section 23-2-260.D of the Weld County Code.
1MUSR17-14-0019
Page 3 of 9
4) The map shall delineate the existing landscaping and/or screening.
5) The map shall delineate the existing lighting.
6) All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2
and Appendices 23-C, 23-D and 23-E of the Weld County Code.
7) The map shall delineate the parking area.
8) The applicant shall show and label the accepted drainage features and drainage flow
arrows. Water quality features or stormwater ponds should be labeled as "Water Quality
Feature, No -Build or Storage Area" and shall include the calculated volume.
9) Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property.
10) County Road 28 is a paved road and is designated on the Weld County Functional
Classification Map as a collector road which requires 80 feet of right-of-way at full buildout.
The applicant shall delineate on the site plan the future and existing right-of-way. All
setbacks shall be measured from the edge of future right-of-way. This road is maintained
by Weld County.
11) County Road 21.5 is a paved road and is designated on the Weld County Functional
Classification Map as a collector road which requires 80 feet of right-of-way at full buildout.
The applicant shall delineate on the site plan the future and existing right-of-way. All
setbacks shall be measured from the edge of future right-of-way. This road is maintained
by Weld County.
12) Show and label the approved access locations, and the appropriate turning radii (60') on
the site plan. The applicant must obtain an access permit in the approved location(s) prior
to construction.
13) Show and label the entrance gate if applicable. An access approach that is gated shall be
designed so that the longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed. In no event, shall the distance from the
gate to the edge of the traveled surface be less than 35 feet.
14) Add the following signature blocks:
a) CERTIFICATE OF APPROVAL BY THE DEPARTMENT OF PLANNING SERVICES -
ADMINISTRATIVE REVIEW
This minor amendment plat is accepted and approved by the Department of Planning
Services for filing.
State of Colorado )
) ss.
County of Weld )
Director, Department of Planning Services
The foregoing certification was acknowledged before me this day of
20
My commission expires
Witness my hand and Seal.
Notary Public
1MUSR17-14-0019
Page 4 of 9
b) PROPERTY OWNER'S CERTIFICATION
The undersigned major property owner(s) do hereby agree to the Minor Amendment
of the Site Specific Development Plan and Use by Special Review Standards as
described hereon this day of , 20
Signature Printed Name
2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic
copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning
Services. Upon approval of the map the applicant shall submit a Mylar map along with all other
documentation required as Conditions of Approval. The Mylar map shall be recorded in the office
of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The map shall
be prepared in accordance with the requirements of Section 23-2-260. D of the Weld County Code.
The Mylar map and additional requirements shall be submitted within sixty (60) days from the date
the administrative review was signed. The applicant shall be responsible for paying the recording
fee.
3. In accordance with Weld County Code Ordinance 2006-7 approved June 1, 2006, should the map
not be recorded within the required sixty (60) days from the date the administrative review was
signed a $50.00 recording continuance charge shall added for each additional 3 month period.
4. The Department of Planning Services respectfully requests a digital copy of this "Use by Special
Review", as appropriate. Acceptable format is a projected ESRI shapefile (.shp, .shx, .dbf, .prj)
with a defined coordinate system (i.e., NAD 1983 UTM Zone 13N, WGS 1984, NAD 1983 HARN
StatePlane Colorado North FIPS 0501 (US Feet) ...etc.). This digital file may be sent to
mapsaco.weld.co.us.
5. Prior to construction:
A If more than 1 acre is to be disturbed, a Weld County grading permit will be required prior to
the start of construction.
6. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be
issued on the property, until the Use by Special Review map is ready to be recorded in the office
of the Weld County Clerk and Recorder.
By
r ^o rd ( rte`- - -t.1
Tom Parko - Planning Director
Date January 30, 2018
1MUSR17-14-0019
Page 5 of 9
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Kerr-McGee Gathering, LLC c/o Nathan Keiser
1 MUSR17-14-0019
1. A Minor Amendment to a Site Specific Development Plan and Use by Special Review Permit No.
USR14-0019 for a Mineral Resource Development Facilities including Oil and Gas Support and
Service Facilities (compressor station for natural gas and all related equipment) to add a Glycol
Regen Skid, BTEX Skid, Vapor Recovery Unit, Coalescing Filter Skid, pipe racks and two (2) 80
foot Lightening Protection Masts in the A (Agricultural) Zone District, subject to the Development
Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code.
3. The unmanned facility will operate 24 hours a day, 7 days a week.
4. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of
the Weld County Code.
5. The landscaping/screening on the site shall be maintained.
6. The parking area on the site shall be maintained.
7. The property owner shall control noxious weeds on the site.
8. The access on the site shall be maintained to mitigate any impacts to the public road including
damages and/or offsite tracking.
9. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
10. The historical flow patterns and runoff amounts on the site will be maintained.
11. Weld County is not responsible for the maintenance of onsite drainage related features.
12. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-
100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination.
13. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S.
14. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions. The facility shall operate in accordance
with Chapter 14, Article 1 of the Weld County Code.
15. Fugitive dust should attempt to be confined on the property. Uses on the property should comply
with the Colorado Air Quality Commission's air quality regulations.
16. The applicant shall submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit
Application and obtain a permit from the Air Pollution Control Division, Colorado Department of
Public Health and Environment, as applicable.
17. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons
of the facility, at all times. As employees or contractors are on site for less than 2 consecutive
hours a day portable toilets and bottled water are acceptable. Records of maintenance and proper
disposal for portable toilets shall be retained on a quarterly basis and available for review by the
Weld County Department of Public Health and Environment. Portable toilets shall be serviced by
a cleaner licensed in Weld County and shall contain hand sanitizers.
1 MUSR17-14-0019
Page 6 of 9
18. All potentially hazardous chemicals must be handled in a safe manner in accordance with product
labeling. All chemicals must be stored secure, on an impervious surface, and in accordance with
manufacturer's recommendations.
19. Secondary containment shall be constructed around tanks to provide containment for the largest
single tank and sufficient freeboard to contain precipitation. Secondary containment shall be
sufficiently impervious to contain any spilled or released material. Secondary containment devices
shall be inspected at regular intervals and maintained in good condition. All secondary containment
will comply with the Colorado Oil and Gas Conservation (COGCC) Commission Rule 604 and/or
the provisions of the State Underground and Above Ground Storage Tank Regulations.
20. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the applicable
provisions of 40 CFR, Part 112, shall be available as applicable.
21. The facility shall be constructed and operated to ensure that contamination of soil and groundwater
does not occur.
22. Any contaminated soils on the facility shall be removed, treated or disposed of in accordance with
all applicable rules and regulations. All spills will be reported to local, state and federal agencies in
accordance with all state and federal regulations.
23. The facility shall adhere to the maximum permissible noise levels allowed in the Residential Zone
as delineated in 25-12-103 C.R.S.
24. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado
Department of Public Health and Environment (CDPHE), Water Quality Control Division, as
applicable.
25. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
26. The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code.
27. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties
where such would cause a nuisance or interfere with the use on the adjacent properties in
accordance with the plan. Neither the direct, nor reflected, light from any light source may create
a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may
be used which may be confused with, or construed as, traffic control devices.
28. Building permit may be required, per Section 29-3-10 of the Weld County Code. Currently the
following has been adopted by Weld County: 2012 International Codes; 2006 International Energy
Code; 2014 National Electrical Code; A building permit application must be completed and two
complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or
engineer must be submitted for review. A geotechnical engineering report performed by a
registered State of Colorado engineer shall be required or an open hole inspection.
29. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
30. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time
in order to ensure the activities carried out on the property comply with the Conditions of Approval
and Development Standards stated herein and all applicable Weld County regulations.
31. The Use by Special Review area shall be limited to the plans shown hereon and governed by the
foregoing standards and all applicable Weld County regulations. Substantial changes from the
plans or Development Standards, as shown or stated, shall require the approval of an amendment
of the Permit by the Weld County Board of County Commissioners before such changes from the
plans or Development Standards are permitted. Any other changes shall be filed in the office of
the Department of Planning Services.
1 MUSR17-14-0019
Page 7 of 9
32. The property owner or operator shall be responsible for complying with all of the foregoing
Development Standards. Noncompliance with any of the foregoing Development Standards may
be reason for revocation of the Permit by the Board of County Commissioners.
33. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most
abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and
coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the
state's commercial mineral deposits are essential to the state's economy; (b) the populous counties
of the state face a critical shortage of such deposits; and (c) such deposits should be extracted
according to a rational plan, calculated to avoid waste of such deposits and cause the least
practicable disruption of the ecology and quality of life of the citizens of the populous counties of
the state.
Mineral resource locations are widespread throughout the County and person moving into these
areas must recognize the various impacts associated with this development. Often times, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these resources
are protected property rights and mineral owners should be afforded the opportunity to extract the
mineral resource.
34. WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural
counties in the United States, typically ranking in the top ten counties in the country in total market
value of agricultural products sold. The rural areas of Weld County may be open and spacious,
but they are intensively used for agriculture. Persons moving into a rural area must recognize and
accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower
level of services than in town. Along with the drawbacks come the incentives which attract urban
dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and
congestion, and the rural atmosphere and way of life. Without neighboring farms, those features
which attract urban dwellers to rural Weld County would quickly be gone forever.
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment; slow -moving
farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from
animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting
and trapping activities; shooting sports, legal hazing of nuisance wildlife, and the use of pesticides
and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations. A concentration of miscellaneous agricultural materials often produces a
visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production.
Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential
development. When moving to the County, property owners and residents must realize they cannot
take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right
to the water.
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of
state and County roads outside of municipalities. The sheer magnitude of the area to be served
stretches available resources. Law enforcement is based on responses to complaints more than
on patrols of the County, and the distances which must be traveled may delay all emergency
responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by
volunteers who must leave their jobs and families to respond to emergencies. County gravel roads,
no matter how often they are bladed, will not provide the same kind of surface expected from a
paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be
cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not
1MUSR17-14-0019
Page 8 of 9
be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than
urban dwellers.
People are exposed to different hazards in the County than in an urban or suburban setting. Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and
center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs and
livestock, and open burning present real threats. Controlling children's activities is important, not
only for their safety, but also for the protection of the farmer's livelihood.
1MUSR17-14-0019
Page 9 of 9
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