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Home My WebLink About20173609.tiffBOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW/Regular or Consent Hearing Agenda REQUEST RE: BOCC Agenda Item - Approve Improvements Agreement for: Aka Energy Group LLC — 3MUSR 17-84-625 DEPARTMENT: Public Works DATE: 10/11/2017 PERSON REQUESTING: Evan Pinkham Brief description of the issue: The Department of Public Works received a request from the applicant, Aka Energy Group LLC, requesting that the Board of County Commissioners consider approving the Improvements Agreement for the oil and gas facility (3MUSR 17-84-625), located east of and adjacent to CR 55, and south of CR 54. 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, Aka Energy Group LLC, requesting that the Board of County Commissioners consider accepting off -site collateral in the form of a company check (#031544) in the amount of $2,400.00, 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 I. 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 (3MUSR 17-84-625), and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Consent Agenda. Approve Recommendation Sean P. Conway Julie A. Cozad, Chair Mike Freeman Barbara Kirkmeyer Steve Moreno, Pro-Tem cam+- , Schedule as Regular BOCC Hearing Item Other/Comments: /o--.3/-/ 7 2017-3609 eLos D% IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS Aka Energy Group LLC — 3MUSR17-84-625 THIS AGREEMENT is made this day of SCek , 2012, by and between Aka Energy Group LLC, 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 3MUSR17-84-625, 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 3MUSR17-84-625, 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), found at reception number 4343495 and D (Construction Plans), found at reception number N/A respectively, 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 Permit, 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. NOW, THEREFORE, IN CONSIDERATION OF the foregoing and of the promises and covenants contained herein, the parties hereto promise, covenant and agree as follows: Part 1 (of 2): Site Specific Provisions A. Required Off -Site Improvements: 1.0 Weld County Roads: The Property Owner shall be responsible for the construction and maintenance of the following off -site safety improvements, as described in the accepted Exhibit C (Plat Map) and/or Construction Plans (Exhibit D): 1.1 Construction of adequate turning radii sixty (45) feet at the main entrances and exits which extend partially into CR 55 right-of-way (ROW); 1.2 Drainage installations; 4346702 Pages: 1 of 14 413 10/24/2017 03:45 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County CO 11111ui AUtiII 111 1.3 Signage Installations; 1.4 Standard County approved tracking control, placed across the entire width of the 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 . Haul/Travel 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 55 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 terms 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 permitted 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 4346702 Pages: 2 of 14 10/24/2017 03:45 PM R Fee:$0.00 Carly Koppes: Clerk and Recorder, Weld County; Co III H 13 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 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. 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 4346702 Pages: 3 of 14 10/24/2017 03:45 PM R Fee:$0.00 Carly Koppes Clerk and Recorder, Weld County, CO 1101Iirdril1all4310:IXTVIIEI,Xh01I:Ak 14, Ill III following County's notice of the need for repairs. 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 54 and CR 55, 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 55; 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 4346702 Pages: 4 of 14 10/24/2017 03:45 PM R Fee:$0.00 Carly Koppes Clerk and Recorder, Weld County, CO INUMPUIVErrillalk iallilhiliCPNYIA III II 1 Iof13 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 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. 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. 4346702 Pages: 5 of 14 of13 10/24/2017 03:45 PM R Fee:$0.00 Carly Koppes Clerk and Recorder, Weld County; CO VIII �1�a� �'I hid'EY� �'X U �h� W"iC 'iLYiti'i,1I II 1 "End of Part 1" 4346702 Pages: 6 of 14 10/24/2017 03:45 PM R Fee:$0.00 Carly Koppes; Clerk and Recorder, Weld County, CO 11111 16.111 II U:\Engineering\PLANNING — DEVELOPMENT REVIEW\ -2017 Planning Referrals \MUSR17\3MUSR17-84-625 AKA\Improvements Agreement\Aka Energy Group LLC (3MUSR17-84-625) - Part 1 Final IA (9-11-2017).docx Page 6 of 13 IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS Aka Energy Group LLC — 3MUSR17-84-625 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 7 of 13 4346702 Pages: 7 of 14 10/24/2017 03:45 PM R Fee:$0.00 early Koppes, Clerk and Recorder, Weld County, CO 11111 I PJIHniii:Vii L IuKal "III 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: • 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. 4346702 Pages: 8 of 14 10/24/2017 03:45 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO Bill Pane 8 of 13 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. B. Violations of Agreement and Remedies 1.0 Violation of Terms of Agreement: If in County's reasonable opinion, Property Owner has violated any of the terms of this Agreement, County shall so notify Property Owner and shall state with specificity the facts and circumstances which County believes constitute the violation. Property Owner shall have thirty (30) days within which to either cure the violation or demonstrate 4346702 Pages: 9 of 14 10/24/2017 03:45 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 11111 ligil kielnill iii'd li i lIdi iitilrr, WO I:i Ili III II "--- o of 13 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. 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 terms 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 Pane 10 of 13 4346702 Pages: 10 of 14 10/24/2017 03:45 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County: CO �� INcl1ltiail JliPGTILIVIRO MP ki III 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 not included in this Agreement. It is the express intention of the undersigned parties that any person or entity, other than the undersigned parties, receiving services or benefits under this Agreement shall be an incidental beneficiary only. 5.0 Entire Agreement/Modifications: This Agreement including the Exhibits attached hereto and incorporated herein, contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiations, representations, and understandings or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 6.0 Board of County Commissioners of Weld County Approval: This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 7.0 Choice of Law/Jurisdiction: Colorado law, and rules and regulations established pursuant 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 11 of 13 4346702 Pages: 11 of 14 10/24/2017 03:45 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII KC & IMIhii41VAIMIKI1:CiSiblik III II 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. PROPERTY OWNERS: SIGNATURE n_,.e 12 of 13 4346702 Pages; 12 of 14 10/24/2017 03:45 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO PRINTED NAME PETER BARBOUR TITLE (If Applicable) EXECUTIVE VICE PRESIDENT STATE OF COLORADO ) �) ss. el�l County of.W- �t ?E' 4 ) by P2)A't foregoing instrument was acknowledged before me this 1 /daY of 'LG�'JiiVL WITNESS my hand and official seal. TINA M. BEN NOT OR 'his �yoPubh rE OF Illj ID #20034004586 expires: 02/10/2019 STATE OF COLORADO L County of Weld ) ) SS. , 2017, o1�D/�01� Y6 The foregoing instrument was acknowledged before me this day of , 2017, by WITNESS my hand and official seal. Notary Public ATTEST:W.,400/4A): Welunty Clerk to t e Board WELD COUNTY, COLODO B Deputy erk to the PROV AS TO FO County Attorney BOARD OF COUNTY COMMISSIONERS ozad, Chair ' C "� 2017 U:\Engineering\PLANNING — DEVELOPMENT REVIEVg Referrals \MUSR17\3MUSR17-84-625 AKA \Improvements Agreement\AKA Energy Group LLC (3MUSR17-84-625) - Part 2 Final IA (9-11-2017).docx 0 1 2 Pages: 13 /2017 03:45 PM R Fee$0.00 Carly Kgppes Clerk d Recorder, Weld County, CO 1111 I rotrilIi ,�ri� �IVILIMillki l aif tl'aYkh 11 III Page 13of13 do/7- 3%0Y EXHIBIT A - Cost Sheet Name of Facility: Kersey Compressor Station Personnel Contact: Name Matt Ammerman Filing/Case #: 3MUSR17-84-625 Location: 25630 CR 55 Kersey CO 80644 Title: Project Engineer Phone: 970-764-6649 Intending to be legally bound; the undersigned Applicant hereby agrees to provide throughout this facility the following improvements. Improvements (OFF -SITE IMPROVEMENTS) ,,PUBLIC WORKS f, cool Road Maint. Collateral (per Sec. E.-7.5) (Paved Road = $3600 Gravel Road = $2400) TOTAL COST ($) $2,400.00 EXHIBIT B - Time Schedule FINAL ESTIMATED COMPLETION DATE FOR PROJECT December 22, 2017 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 B plicant/Lessee/Property Owner AKA ENERGY GROUP, LLC -- PETER BARBOUR Printed Name EXECUTIVE VICE PRESIDENT Title By: Applicant/Lessee/Property Owner Printed Name Date 1/i3 , 20 I'I 4346702 Pages: 14 of 14 10/24/2017 03:45 PM R Fee:$0.00 Carly Koppes; Clerk and Recorder, Weld County, CO lIII �1ti likiAliklrailliNIIICIVATIVAlk 1I II i Title Date , 20 Check Date: Sep/14/2017 Check No: 031544 Invoice Number Invoice Date Voucher ID Gross Amount Discount Taken Paid Amount PERMIT 0917 Sep/12/2017 00081046 2,400.00 0.00 2,400.00 Supplier Number Name Total Discounts 0000000183 Weld County $0.00 Check Number Date Total Amount Discounts Taken Total Paid Amount 031544 Sep/14/2017 $2,400.00 $0.00 $2,400.00 Weld County Office of Public Works PO BOX 158 Greeley CO 80632 Two signatures required for ampunts Over $25,00( Planner: Case Number: Applicant: Owner: Request: Legal Description: Location: Size of Parcel: LAND USE APPLICATION SUMMARY SHEET C. Gathman 3MUSR17-84-625 AKA Energy Group LLC — Matt Ammerman — Project Engineer AKA Energy Group LLC Director Approval A Third Minor Amendment to MUSR14-0012 (Minor amendment to AMUSR-625 to expand the existing gas compressor facility to 6.38 net acres and add: four (4) additional compressors, install four (4) 300 bbl tanks for condensate and produced water for a total of five (5) tanks, install one (1) 150 bbl tank for used oil and install a gas dehydration unit and miscellaneous storage areas) to install three (3) additional gas driven compressors surrounded by sound walls, a pipe rack and two (2) 300 bbl water tanks in the A (Agricultural) Zone District. Subdivision Exemption SUBX14-0007; located in Part NW4 of Section 27, T5N, R64W of the 6th PM, Weld County, Colorado East of and adjacent to County Road 55 and approximately 1,300 feet south of County Road 54. +/- 6.77 acres Parcel No. 096327200001 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: ➢ Town of Kersey, referral dated July 5, 2017 ➢ Weld County Department of Public Health and Environment, referral dated July 19, 2017 ➢ Weld County Department of Planning Services — Engineer, referral dated July 21, 2017 Weld County Public Works, referral dated June 27, 2017 West Greeley Soil Conservation District, referral dated July 10, 2017 The Department of Planning Services' staff has received responses without comment from the following agencies: ➢ Weld County Code Compliance, referral dated June 23, 2017 ➢ Weld County Sheriffs office referral dated June 23, 2017 ➢ Platte Valley Fire Protection District, referral dated June 26, 2017 ➢ Colorado Parks and Wildlife, referral dated June 23, 2017 ➢ Weld County Public Works — Access, referral dated 3MUSR17-84-625 - AKA ENERGY GROUP LLC 1 Platte Valley School District RE -7, referral dated June 26, 2017 The Department of Planning Services' staff has not received responses from the following agencies: ➢ Department of Public Works - Access ➢ Weld County Building Inspection ➢ Weld County Office of Emergency Management ➢ State of Colorado Division of Water Resources 3MUSRI7-84-625 - AKA ENERGY GROUP LLC 2 SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW Planner: C. Gathman Director Approval Case Number: MUSR17-0010 Applicant: AKA Energy Group LLC — Matt Ammerman — Project Engineer Owner: AKA Energy Group Request: A Third Minor Amendment to MUSR14-0012 (Minor amendment to AMUSR-625 to expand the existing gas compressor facility to 6.38 net acres and add: four (4) additional compressors, install four (4) 300 bbl tanks for condensate and produced water for a total of five (5) tanks, install one (1) 150 bbl tank for used oil and install a gas dehydration unit and miscellaneous storage areas) to install three (3) additional gas driven compressors surrounded by sound walls, a pipe rack and two (2) 300 bbl water tanks in the A (Agricultural) Zone District. Legal Subdivision Exemption SUBX14-0007; located in Part NW4 of Section 27, T5N, R64W Description: of the 6th PM, Weld County, Colorado Location: East of and adjacent to County Road 55 and approximately 1,300 feet south of County Road 54. Size of Parcel: +/- 6.77 acres Parcel No. 096327200001 Summary: The applicant is proposing to amend MUSR14-0012 to add three (3) additional gas -driven compressors surrounded by permanent sound walls, a pipe rack and two (2) 300 bbl water tanks. The boundaries of the existing USR site will remain the same (not expand) under this proposed minor amendment. A gas processing facility (including gas and pipe storage) was originally approved by the Board of County Commissioners for this site in 1984. An amendment to USR-625 was approved by the Board of County Commissioners in 2010 to include an additional compressor, add additional laydown/storage areas. A minor amendment to USR-625 was administratively approved in 2014 to include six (6) compressors within sound attenuated buildings (the two existing compressors were removed), install four (4) 300 bbl tanks for condensate and produced water and install a gas dehydration unit. 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. The facility is adjacent to an existing oil and gas production facility to the southeast. An existing dairy facility is located approximately 850 -feet to the south. The nearest single-family residence is approximately 900 -feet to the north. 3MUSR17-84-625 - AKA F,NFRGY GROUP LLC 3 The facility was originally approved for this site in 1984 and has been expanded/modified on two (2) previous occasions. The three (3) proposed compressors will be surrounded by sound walls. 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. of the Weld County Code states: "Promote the reasonable and orderly exploration and development of oil and gas mineral resources" This is a proposed minor amendment to an existing compressor station facility that was approved in 1984 (USR-625), amended in 2010 (AMUSR-625) and amended again in 2014 (MUSR14-0012). Section 22-5-100. B.2 OG.Policy 2.2 states "Encourage the clustering of oil and gas sites whenever possible." The proposed expansion is within the boundaries of the existing fenced oil and gas facility. 3. The proposed change(s) will not result in a substantial adverse impact on the other property in the vicinity of the subject property. The nearest single-family residence is approximately 900 -feet to the north. The proposed additional equipment will not expand the boundaries of the existing compressor facility and the additional compressors will be surrounded by sound walls. Staff has received questions about the details of the application from a property owner who does not reside in the area. No phone calls or correspondence have been received from surrounding property owners in this area regarding this case. 4. The recommendations of the referral agencies have been considered. The attached Development Standards and Conditions of Approval address the requirements of the referral agencies and are amended to reflect current language. 5. Not deemed to be a major change. A Pre -Application (PRE17-0126) meeting was held on May 11, 2017. In discussions with the Weld County Department of Planning Services and the Weld County Department of Planning Services — Engineer and it was determined that the proposed modifications are consistent with the existing permit and not a major amendment to the existing facility. 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. Some development standards have been updated to reflect changes in policy that have occurred since the 2014 minor amendment. Staff is requesting an Emergency Action Plan be developed in conjunction with the Platte Valley Fire Protection District and the Office of Emergency Management. 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, damage repair, specified haul routes and future traffic triggers for improvements will be included. (Department of Public Works) 3MUSRI7-84-625 - AKA ENERGY GROUP LI,C 4 B. The map shall be amended to delineate the following: 1) All sheets of the map shall be labeled 3MUSR17-84-625 2) The attached Development Standards. 3) The map shall be prepared per Section 23-2-260.D of the Weld County Code. 4) County Road 55 is a gravel road and is designated on the Weld County Functional Classification Map as a local road which requires 60 feet of right-of-way at full buildout. The applicant shall delineate on the site plan the existing right-of-way. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Department of Public Works) 5) Show the approved access on the map and label with the approved access permit number (AP17-00376), and the appropriate turning radii (60') on the site plan. (Department of Public Works) 6) 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. (Department of Public Works) 7) 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/Stormwater Detention, No -Build or Storage Area" and shall include the calculated volume. (Department of Planning Services -Engineer) 8) 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 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 3MUSRl7-84-625 - AKA ENERGY GROUP LLC 5 Signature Printed Name 2. 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. Contact the Planning Department for application information. 3. Prior to Operation of the new equipment: A. The applicant shall develop and Emergency Action and Safety Plan with the Office of Emergency Management and the Fire District. The plan shall be reviewed on an annual basis by the Facility operator, the Fire District. The plan shall be reviewed on an annual basis by the Facility operator, the Fire District and the Weld County Office of Emergency Management. Submit evidence of acceptance to the Department of Planning Services. (Department of Planning Services) 4. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) paper copy or 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 of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 5. 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 of the Board of County Commissioners Resolution a $50.00 recording continuance charge shall added for each additional 3 month period. 6. 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 maps@co.weld.co.us. 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 Tom Parko Planning Director Date: Akk4 3MUSRI7-84-625 - AKA ENERGY GROUP LLC 6 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS 3MUSR17-84-625 1. A Third Minor Amendment to MUSR14-0012 (Minor amendment to AMUSR-625 to expand the existing gas compressor facility to 6.38 net acres and add: four (4) additional compressors, install four (4) 300 bbl tanks for condensate and produced water for a total of five (5) tanks, install one (1) 150 bbl tank for used oil and install a gas dehydration unit and miscellaneous storage areas) to install three (3) additional gas driven compressors surrounded by sound walls, a pipe rack and two (2) 300 bbl water tanks 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. Hours of operation for the facility shall be 24 hours a day, 7 days a week. (Department of Planning Services) 4. This is an unmanned facility. No full-time onsite employees will be onsite. (Department of Planning Services) 5. The existing screening on the site shall be maintained in accordance with the screening plan. (Department of Planning Services) 6. The appearance of the facility shall be maintained in a neat and orderly condition through periodic painting and maintenance. (Department of Planning Services) 7. Upon cessation of the proposed use, the natural gas processing facility shall be removed and the land shall be reclaimed prior to its use. (Department of Planning Services) 8. The property owner or operator shall provide written evidence of an approved Emergency Action and Safety Plan on or before March 15th of any given year signed by representatives for the Fire District and the Weld County Office of Emergency Management to the Department of Planning Services. (Department of Planning Services) 9. The property owner shall control noxious weeds on the site. (Department of Public Works) 10. The access on the site shall be maintained to mitigate any impacts to the public road including damages and/or offsite tracking. (Department of Public Works) 11. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 12. The facility shall notify the County of any revocation and/or suspension of any State issued permit. (Department of Public Health and Environment) 13. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 14. 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., as amended. (Department of Public Health and Environment) 3MUSR17-84-625 - AKA ENERGY GROUP L,I,C 7 15. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The facility shall operate in accordance with Chapter 14, Article I of the Weld County Code. (Department of Public Health and Environment) 16. Fugitive dust and fugitive particulate emissions shall be controlled on the site. Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations. (Department of Public Health and Environment) 17. 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. (Department of Public Health and Environment) 18. All potentially hazardous chemicals must be handled in a safe manner in accordance with product labeling and in a manner that minimizes the release of hazardous air pollutants and volatile organic compounds. All chemicals must be stored securely, on an impervious surface, and in accordance with manufacturer's recommendations. (Department of Public Health and Environment) 19. Any stained or contaminated soils on the facility shall be removed and disposed of in accordance with applicable rules and regulations. All spills will be documented and records will be kept onsite for WCDPHE review upon request. All spills will be reported to local, state and federal agencies in accordance with all state and federal regulations. (Department of Public Health and Environment) 20. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the applicable provisions of 40 CFR, Part 112, shall be available. (Department of Public Health and Environment) 21. The applicant shall acquire an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit Application from the Air Pollution Control Division, Colorado Department of Public Health and Environment, as applicable. (Department of Public Health and Environment) 22. The facility shall be constructed and operated to ensure that contamination of soil and groundwater does not occur. (Department of Public Health and Environment) 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. (Department of Public Health and Environment) 24. The facility shall obtain a Colorado Discharge Permit System from the Colorado Department of Public Health and Environment, Water Quality Control Division, as applicable. (Department of Public Health and Environment) 25. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the facility, at all times. If 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. (Department of Public Health and Environment) 26. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to On -site Wastewater Treatment Systems. (Department of Public Health and Environment) 3MUSR17-84-625 - AKA ENERGY GROUP LLC 8 27. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Planning Services -Engineer) 28. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Planning Services -Engineer) 29. 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. (Department of Planning Services) 30. The property owner shall control noxious weeds on the site. (Department of Public Works) 31. Sources of light shall be shielded so that beams or rays of light will not shine directly onto adjacent properties. Sources of light should not cause a nuisance or interfere with the use on the adjacent properties in accordance with the map. 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. (Department of Planning Services) 32. Building permit maybe 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. (Department of Building Inspection) 33. All building plans shall be submitted to Platte Valley Fire Protection District for review and approval prior to issuance of building permits. (Department of Building Inspection) 34. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 35. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 36. 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. 37. 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. 38. 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. 3MUSRI7-84-625 - AKA ENERGY GROUP LLC 9 39. 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. 40. 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 3MUSR)7-84-625 - AKA ENERGY GROUP LLC lfl 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. 3MUSR17-84-625 - AKA ENERGY GROUP LLC 11 Hello