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Home My WebLink About20253261 Cow--cc-c_,k L \o t os MEMORANDUM TO: Clerk to the Board 1861�� !', , _ DATE: November 17, 2025 r ) FROM: Jazmyn Trujillo-Martinez, Planning Services Dept. ISUBJECT: BOCC Agenda Item—Approve Road Maintenance During Construction Agreement For: DCP Operating Company LP—6MUSR25-83-542 Request to Approve Road Maintenance During Agreement: The Department of Planning Services received a request from the applicant, DCP Operating Company LP, requesting that the Board of County Commissioners consider approving the Road Maintenance During Construction Agreement for (6MUSR25-83-542). No collateral is required with this agreement. Weld County Planning Services, Public Works, 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 "Road Maintenance Agreement According To Policy", are found to be acceptable. • This Agreement complies with the terms of the Amended Use by Special Review Permit conditional approval, as signed by the Director of Planning Services. Recommendation: The Departments of Planning Services, Public Works, and the County Attorney's Office are recommending approval of the Road Maintenance Agreement According To Policy for 6MUSR25-83-542, and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Consent Agenda. cc: Dawn Anderson, Planning Services Cc .pl_(DA/3-TK/KR/DA} 2025-3261 G0YNS3-4 �C. 01/Iy/26 II - a(,. - as oy\\cy,s_s.- z - ate pLo'Act�, ROAD MAINTENANCE AGREEMENT ACCORDING TO REQUIREMENTS DURING THE CONSTRUCTION PERIOD DCP Operating Company LP—6MUSR25-83-542 THIS AGREEMENT is made this 6th day of November, 2025, by and between DCP Operating Company LP,a Delaware limited partnership authorized to do business in the State of Colorado,whose address is 2331 CityWest Blvd.,Houston,Texas,77042,hereinafter referred to as"Property Owner,",and the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "0" Street, Greeley, Colorado 80631 hereinafter referred to as "County." WITNESSETH: WHEREAS,Property Owner is the owner of the following described property in the County of Weld, Colorado: Lot B of Recorded Exemption, RE-3203 and Lot A of Amended Recorded Exemption, AMRE-591; all being a part of the SE1/4 of Section 35,Township 4 North,Range 66 West of the 6th P.M.,Weld County,Colorado hereinafter referred to as"the Property,"and WHEREAS,Property Owner has received the Director of Planning Services conditional approval of 6MUSR25-83-542,and WHEREAS, the Property Owner facility will generate additional vehicles and heavy traffic directly associated with 6MUSR-83-542, 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. 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 I: SITE SPECIFIC PROVISIONS A. Reserved 0 3 U B. Haul/Travel Routes: The Property Owner shall be financially responsible for its proportional share (based on ESAL method trip counts)of the associated costs for maintaining and/or improving designated haul/travel routes. 0 m19 1.0 Haul Routes. The followingroads are designated as haul/travel routes for the Property: mat � p rtY: 44- col . 1)East and west along County Road 40 between Highway 85 and County Road 35. —— 2)North and south along County Road 35 between County Road 38 and County Road 40. NHS_ a�a 3)East and west along County Road 38 between Highway 85 and County Road 35. NN dMrol2.0 Haul trucks shall enter and exit the site at the approved access(es)on CR 35 and travel north-south to N aM the nearest paved road for further dispersal.Any County roads used by traffic associated with 6MUSR2583542 rip No m L DCP Operating Company LP-6MUSR25-83-542-RMCA25-0013 16g.1 N Page 1 of 7 'oo-3&Co I may become part of the established haul/travel routes. 3.0 Notice of Construction. A pre-construction inspection and a post-construction inspection shall be performed by County personnel to determine the site-specific condition of the road. The Property Owner shall provide the Weld County Departments of Public Works and Planning Services with two weeks advance notice of the start of construction activities authorized by the USR permit and shall give additional notice within two weeks after construction has been completed. 4.0 Weight Limits.No travel vehicles may exceed CDOT required specifications for pounds-per-axle and axle configurations unless overweight permits have been applied for and granted. 5.0 Temporary Deviations. In unusual or rare occasions, if projects mandate deviation from the above-mentioned haul/travel route for a limited period(six months or less),Weld County Planning Services may authorize, in writing, the deviation. In that circumstance, haul/travel vehicles will utilize paved county roads whenever possible. A deviation from the established haul/travel route lasting more than six (6)months or requests for one (1) or more deviations within a 12-month period shall authorize the County to change the haul/travel routes designated herein and provide notice to the Property Owner. 6.0 Haul Route Signage. Property Owner shall install travel route signs, if applicable, as per Manual of Uniform Traffic Control Devices standards, at all exit points of the Property which can be clearly seen by drivers leaving the facility and which clearly depict County approved travel routes. 7.0 No Deviation from Permitted Haul Routes. Except as authorized by the Board pursuant to this Agreement,no use of any roads other than those specifically authorized for use in this Agreement is permitted without the prior written amendment of this Agreement. C. Maintenance Requirements: 1.0 Off-Site Dust Control/Abatement. The Property Owner is required to pay its proportionate share for dust abatement along affected haul route roads,as determined by the County. The amount and extent of dust control measures will be determined by site-specific conditions at the time, as reasonably 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. 1.1 Dust Control Prior to Start of Construction.During the required two-week construction notice, Property Owner shall arrange for chemical application dust abatement to be applied along the affected Haul Route,especially along the intersection of County Road 40 west and County Road 35 south prior to the start of construction on the site and use of the Haul Route. 2 1.2 Dust Control During Construction. If necessary, as determined by the County,the Property Owner shall cause to be performed within 14 days of notification, at its sole expense,dust control by a contractor approved by Weld County Public Works during the construction period of the development. oNA Lo19 2.0 Obligation to Maintain Current and Future Haul Routes. Property Owner will be financially 6)a) - responsible for the excavation,repair,and patching of any damage on current or future haul route roads,which •r- in the sole,reasonable opinion of County has been created by vehicle traffic to and from the Property. Should °' oProperty Owner's site activities or vehicle circulation patterns change in the future so that County approves an v.� a 8 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 oa 2 ft 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 72 0-"'m hours of notification by the County for any roadway damage that exposes the driving public to adverse or It) r`m a DCP Operating Company LP—6MUSR25-83-542—RMCA25-0013 NN°c�~ Page 2 of 7 �N▪ �— unsafe driving conditions.All other repairs shall commence within thirty(30)days of receipt of Weld County's written notice. 2.1 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 seventy- two(72)hours after receipt of such notice. 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). 2.2 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. 3.0 Proportionate Share of Road Maintenance Responsibilities: 3.1 Property Owner shall pay its Proportionate Share of costs of dust control/abatement, paving, repairs,or maintenance 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 Load(ESAL)Counts.Property Owner shall not be responsible for traffic that is not sourced from the Property Owner's facility. 3.2 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. Part II: GENERAL PROVISIONS A. General Requirements: 1.0 Permits:Property Owner is required to apply for and receive all permits required by the County or any other applicable local, State,or federal permit,including but not limited to: -i 1. Access Permits.Property Owner shall not use any access onto any County road unless and until an o access permit has been issued by the Department of Planning Services. Planning Services may - condition the issuance of an updated access permit on the amendment of this Agreement if the updated m m access permit authorizes the use of an additional access point, or if there is a change in use of the I-. • current access point,as permitted by Article XIV of Chapter 8 of the Weld County Code. o LL 2. Right-of-Way(ROW) Permits. Per Article XIII of Chapter 8 of the Weld County Code, any work re m occurring within County ROW requires a ROW permit issued by the Department of Public Works.No a E work shall occur without said ROW permit. aiNa to-10 p.m m er tri r m a DCP Operating Company LP—6MUSR25-83-542—RMCA25-0013 NNYti Page 3 of 7 3.Transport Permits.Per Article XV of Chapter 8 of the Weld County Code,a Weld County Transport Permit is required for Extra-legal vehicles using Weld County roadways to ensure the operation and movement of Extra-legal Vehicles and Loads occurs in a safe and efficient manner. 2.0 Liability for Damage to Road.Property Owner shall be financially responsible for any and all damage caused to any Weld County Road as a result of the design and construction of the site-specific Use associated with 6MUSR25-83-542, without regard to the negligence, or lack thereof, of Property Owner or its agents. This provision shall survive Termination of this Agreement pursuant to section B.2.0,below, and shall be of no further force and effect two years after termination of this Agreement. 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 compliance.Thereafter,County may seek any remedy described in this Agreement or otherwise provided by law. 2.0 Termination of Agreement.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. 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. 2.4 Completion of Construction. This Agreement shall terminate following Property Owner's completion of construction of the facilities authorized by the underlying USR. Property Owner shall notify the County of completion. 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. AN 4.0 Court action.Upon notice of violation and failure to cure within the time permitted by this Agreement, 6t 3 County may seek relief in law or equity by filing an action in the Weld County District Court. Is 0 --t o - C. Miscellaneous Provisions. eir 1.0 1.0 Successors and Assigns. d¢ro'w 1.1 Property Owner may not delegate, transfer, or assign this Agreement in whole or in part, without the prior express written consent of County and the written agreement of the party to whom ,r,mr aaMi • N o •ti DCP Operating Company LP—6MUSR25-83-542—RMCA25-0013 o Page 4 of 7 En 1713 Lai� the obligations under this Agreement are assigned. Consent to a delegation or an assignment will not be unreasonably withheld by County. In such case, 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. 1.2 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 any such delegated,transferred,or assigned roads affected by this Agreement. 2.0 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. 3.0 Governmental Immunity.No term or condition of this contract 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. 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 in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any 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 regulations shall be null and void. In the event of a legal dispute between the parties, the parties agree that the Weld County District Court or Federal District Court for the District of Colorado shall have exclusive jurisdiction to resolve said dispute. 8.0 Attorneys' Fees/Legal Costs. In the event of a dispute between County and Property Owner, concerning this Agreement,the parties agree that each party shall be responsible for the payment of attorney j fees and/or legal costs incurred by or on its own behalf. 9.0 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 at r • description caused by, arising from, or on account of the design and construction of improvements, and pay any and all judgments rendered against the County on account of any such suit, action or claim, and o notwithstanding Section 7.0 above,together with all reasonable expenses and attorney fees incurred by County in m in defending such suit, action or claim whether the liability, loss or damage is caused by,or arises out of the in E c negligence of the County or its officers,agents,employees,or otherwise except for the liability,loss,or damage Oa" arising from the intentional torts or the gross negligence of the County or its employees while acting within i0 ro o. m 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 In. r m a DCP Operating Company LP—6MUSR25-83-542—RMCA25-0013 Ns°c0— Page 5 of 7 ram---_ Exam coverage and shall operate in strict accordance with the laws and regulations of the State of Colorado governing occupational safety and health. 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 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. 12.0 Acknowledgment. County and Property Owner acknowledge that each has read this Agreement, understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the attached or incorporated Exhibits, is the complete and exclusive statement of agreement between the parties and supersedes all proposals or prior agreements, oral or written, and any other communications between the parties relating to the subject matter of this Agreement. 13.0 Notwithstanding any other provision contained in this Agreement,for any conflict or potential conflict between any term in this Agreement and the Resolution of the Board of County Commissioners approving the underlying land use permit,the provisions of the Board's Resolution shall control.In the event of a discrepancy between this agreement and the Weld County Code in effect at the time of the agreement, the terms of the Weld County Code shall control. MN U t W •3 r- 0 of —S. co W 13 • mgrI DCP Operating Company LP—6MUSR25-83-542—RMCA25-0013 NNY Page6of7 �m a� If) ii ME PROPERTY OWNER:DCP OPERATING COMPANY LP B • Sri ,„./4"Date ✓.T,.r��✓�f� Za zS Name: s J. Title: ,49 iew"�/ STATE OF COLORADO ) ss. County of Weld ) The foregoing instrument was acknowledged before me thisl it day of NeVent. , 2025 ,by �..�1.t9 5 �, a C lr 10 a s 9/Kt�( , rt Fc7tc WITNESS my hand and official seal. ' n / ec & Notary Public c LORRI ANN CARLSON Notary Public State of Colorado Notary ID#20054008501 wFivI i gimp-pi,©n Expires 03-02-2029 ATTEST: deid,pAil Xc , BOARD OF COUNTY COMMISSIONERS Weld C ty Clerk to the Board WE COUNTY,COLORADO BY: Ctati Deputy Clerk to the Board Perry L. ck,Chair NOV 2 G 2025 i1861 0 4m9 \.. �� P 1va�d �Q s - L m0L J m3Z B c. w v�� OIL o rrm- NEB aMm e+ r ail m a d DCP Operating Company LP—6MUSR25-83-542—RMCA25-0013 N N° Page 7 of 7 m� a ZbZS- 3Z(Q1 At)2244.6- _ LAND USE APPLICATION SUMMARY SHEET 000N7Y Planner: Diana Aungst Director Approval Case Number: 6MUSR25-83-542 Applicant: DCP Operating Company LP do Travis Brown 3026 4th Avenue, Greeley, CO 80631 Owner: DCP Midstream LP 100 Congress Avenue, Suite 1900,Austin, TX 78701 Request: Sixth Minor Amendment to Site Specific Development Plan and Use by Special Review Permit, to USR-542, for Mineral Resource Development Facilities, Oil and Gas Support and Service, (Natural Gas Processing facility,with gas processing equipment for improved capacity and efficiency, and one (1) one hundred (100) feet in height communications tower)to add waste to heat capture system on four(4)turbines in the A(Agricultural)Zone District. (DCP Operating Company, LP—Mewboum Gas Plant). Legal Lot B of Recorded Exemption RE-3203 and Lot A of Amended Recorded Exemption Descriptions: AMRE-591; all being a part of the SE4 of Section 35, Township 4 North, Range 66 West, of the 6th P.M.,Weld County, Colorado Location: North of and adjacent to County Road 38,west of and adjacent to County Road 35 Size of Parcels: +1- 124.00 total acres Parcel Nos: 1057-35-4-00-002 and 1057-35-4-00-008 POSSIBLE ISSUES SUMMARIZED FROM THE APPLICATION MATERIALS The criteria for review of this Special Review Permit are 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: A State of Colorado, Division of Water Resources, referral dated January 31, 2025 ➢ Weld County Department of Public Health and Environment, referral dated March 31, 2025 ➢ Weld County Department of Planning Services—Development Review, referral dated February 26, 2025 The Department of Planning Services' staff has received responses without comment from the following agencies: ➢ Weld County Sheriffs Office referral dated February 3, 2025 ➢ Colorado Division of Wildlife, referral dated January 31,2025 ➢ Central Weld County Water District, referral dated February 19, 2025 ➢ Platteville-Gilcrest Fire Protection District, referral dated February 12,2025 ➢ Weld County Oil and Gas Energy Department, referral dated February 3, 2025 ➢ Farmer's Irrigation Ditch&Reservoir Company, referral dated January 27, 2025 6MUSR25-83-542 I DCP Midstream LP Page 1 of 10 The Department of Planning Services'staff has not received responses from the following agencies: ➢ Town of Gilcrest > Occidental Petroleum Corp > Weld County School District RE-1 ➢ Weld County Emergency Management Office Summary: The applicant, DCP Midstream LP, now owned by P66, is proposing to update the Mewbourn Gas Plant to ensure an emissions free energy source by adding a waste to heat capture system on four (4) turbines (Project).The Project will capture waste heat from four(4)gas turbines and convert that heat into power to be consumed onsite.This process improves energy efficiency by utilizing heat that would otherwise be lost, reducing both energy waste and environmental impacts. The power generated as a result from the project will eliminate three natural gas reciprocating engines and replace them with electric motors along with their associated exhaust stacks. This conversion provides a Greenhouse Gas(GHG)emission reduction of up to 28,000 metric tons of carbon dioxide equivalent (CO2e) per year. This fuel combustion emission reduction supports Colorado Regulation 7 which was put in place in order to reduce fuel combustion emissions by twenty (20) % in the midstream segment by 2030. The Project will not exceed any existing noise limits or elevation profiles at the Mewbourn Gas Plant. A noise study and APEN were required to be submitted with this 6MUSR application and were received on March 10, 2025.The issuance of this staff report hinged on the submittal of the noise study and APEN and the receipt of the referral comments from the Department of Public Health and Environment(referral dated March 31,2025). The site currently operates 24/7 and will continue to operate 24/7. There are two(2)shifts: a morning shift 8 a.m.—5 p.m. and an evening shift 5 p.m.—8 a.m.The applicant stated that there are ten (10)employees however,the Board of County Commissioners has approved a total of twenty(20)employees at the hearing for 5MJUSR17-83-542 on July 17,2017. No changes to the parking, traffic,and screening are proposed.A letter from a surrounding property owner (SPO) was received that outlined concerns about dust and screening,specifically the number of trees along the northern boundary of the site. The hearing certification from the July 17, 2017, BOCC hearing indicated that Mewbourn added many trees along the north and west boundaries and paid the neighbors within one (1) mile $1,000.00 for purchase and plant trees (the location of the purchased trees is not mentioned but is assumed to be on the neighbor's property).An aerial view and a site inspection indicates that most of the required trees from 2017 are still on the site. However, staff has added two (2) Conditions of Approval: one (1) to ensure the landscaping is consistent with the accepted landscape plan from 2017 and two (2)a Road Maintenance Agreement(RMA) for construction that will include, but is not limited to,dust control and damage repair to specified haul routes.The SPO also noted missing language on one (1) of the Development Standards (DS) on the recorded 5MJUSRI7-83- 542(DS 23-now DS 24), specifically, "within sixty(60)days"was not included. The Division of Water Resources(Division)submitted referral agency comments dated February 13,2025, that state that the water well, permit no. 141254, is located on Lot A of RE-591. The well is permitted for drinking and sanitary facilities inside a commercial business(a one-man office for a plant operator)and an annual amount not to exceed 1/3 acre-foot (108,600 gallons). Water from this well shall not be used for lawn or landscape irrigation or for any other purpose outside the business building structure, including dust control during construction. The well may also not be used for industrial purposes as currently permitted. 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 proposed sixth minor amendment is a request to add a waste to heat capture system on four (4)turbines. No changes to the parking,traffic,and screening are proposed. Properties within 500- 6MUSR25-83-542 I DCP Midstream LP Page 2 of 10 feet of the Use by Special Review boundaries were notified of this request.One letter with concerns about screening and dust was received. 2. The proposed change(s) is consistent with the County Comprehensive Plan pursuant to Chapter 22 of the Weld County Code. Section 22-2-60.B—Support responsible energy and mineral development. Section 22-2-60.B.2-Ensure that infrastructure, such as adequate roads and utilities,exists or can be made available prior to development of energy and mineral resource production facilities. This amendment is consistent with the Comprehensive Plan(Ch.22)due to the fact that Mewbourn (approved in 1983)is a natural gas processing plant.Over the past four(4)decades the facility has increased in size and processing capability. The original USR-542 was approved by the Board of County Commissioners on March 23, 1983, recorded July 25, 1983, at reception number 1934669 and the site has been amended with various Major and Minor amendments in 1985, 2006, 2009, 2010, 2016, and 2017. This request is not an expansion of the processing capability but rather an addition of required equipment for a waste to heat capture system on four(4)turbines to meet the requirements of Colorado Regulation 7,which was enacted by the Air Quality Control Commission of the Colorado Department of Public Health and Environment (CDPHE) and covers several significant changes to air quality regulations affecting the oil and gas industry. 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 current operations on site are not expanding in size.There will be no additional employees or increase of hours of operation. One letter from a Surrounding Property Owner was received on February 6,2025.The letter outlines concerns about the haul route(dust from traffic)and screening (the lack of some trees). The referral comments from Development Review, dated February 21, 2025,has included a Condition of Approval for Road maintenance that will include,but is not limited to, dust control and damage repair to specified haul routes. An aerial view and a site inspection from the road indicates that most of the required trees from 2017 are still on the site. A COA has been added to ensure the landscaping meets the requirements set forth in the 5MJUSRI7-83-542 Board of County Commissioners (BOCC) Resolution. A second email was received on February 24, 2025, that stated that the BOCC approved a change to Development Standards(DS)23 [now DS 241 of 5MJUSRI7-83-542.This omission is corrected with this 6MUSR,specifically"within sixty (60)days"was added. 4. The recommendations of the referral agencies have been considered. Recommendations and requirements of referral agencies have been addressed as conditions of approval or included as Development Standards. 5. Not deemed to be a major change. In discussions with the Weld County Department of Planning Services, the Weld County Public Department of Public Health and Environment,the Weld County Department of Planning Services — Development Review, and the Weld County Building Department 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. 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: 6MUSR25-83-542 l DCP Midstream LP Page 3 of 10 A. A Road Maintenance Agreement for Construction is required at this location. Road maintenance includes, but is not limited to, dust control and damage repair to specified haul routes. B. The applicant shall address the requirements from the State of Colorado, Division of Water Resources, as stated in the referral response dated February 13, 2025. Evidence of such shall be submitted in writing to the Weld County Department of Planning Services. C. The applicant shall update the landscaping on the site to ensure that it is consistent with the recorded 5MJUSRI7-83-542 map. D. The map shall be amended to delineate the following: 1) All sheets of the map shall be labeled 6MUSR25-83-542. 2) The attached Development Standards. 3) The map shall be prepared per Section 23-2-260.D of the Weld County Code. 4) The accepted landscape plan per 5MJUSR17-83-542. 5) County Road 35 is a gravel 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 and label on the site map or plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road.All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. 6) County Road 38 Section Line is shown to have 60 feet of unmaintained section line right-of- way per the Weld County GIS right-of-way map.The applicant shall delineate the existing right- of-way on the site plan. Show and label the section line Right-of-Way as"COUNTY ROAD 38 Section Line Right-Of-Way, Not County Maintained."All setbacks shall be measured from the edge of right-of-way. 7) Show and label the existing access locations on County Road 35. 8) 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. 9) Should it be determined that the road along County Road 38 strays out of the right-of-way, show and label a 30-foot-wide minimum access easement(with reception number) needed to provide legal access to the project site. 10) Show and label the existing drainage features. Stormwater ponds should be labeled as "Stormwater Detention,No-Build or Storage Area"and shall include the calculated water quality and detention volumes. 11) Show and label the drainage flow arrows. 12) Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. 13) 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. 6MUSR25-83-542 I DCP Midstream LP Page 4 of 10 State of Colorado ) Director, Department of Planning Services )ss. County of Weld ) 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 {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 MUSR map along with all other documentation required as Conditions of Approval. The MUSR map shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services' Staff. The MUSR map shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The MUSR 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. 3. In accordance Appendix 5-J of the Weld County Code, should the map not be recorded within the specified timeline from the date the administrative review was signed, a$50.00 recording continuance fee shall be added for each additional 3-month period. 4. The Minor Amended Use by Special Review is not perfected until the Conditions of Approval are completed and the map is recorded.Activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Minor Amended Use by Special Review map is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement. 5. Prior to Construction: A. If more than one(1)acre is to be disturbed, a Weld County Grading Permit will be required. B. Overweight and/or oversized special transport permits from the Department of Public Works shall be acquired for all applicable trucks. ,., 111er BY Date: 0= id E'=enbaun, Planning Director 6MUSR25-83-542 1 DCP Midstream LP Page 5 of 10 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS DCP Operating Company LP 6MUSR25-83-542 1. Sixth Minor Amendment to Site Specific Development Plan and Use by Special Review Permit, 6MUSR25-83-542,for Mineral Resource Development Facilities,Oil and Gas Support and Service, (Natural Gas Processing facility, with gas processing equipment for improved capacity and efficiency, and one (1) one hundred (100) feet in height communications tower) to add waste to heat capture system on four (4) turbines in the A (Agricultural) Zone District. (DCP Operating Company, LP—Mewbourn Gas Plant) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. 3. The hours of operation are 24 hours a day, seven (7) days a week. Construction and routine maintenance shall occur during daylight hours, except for maintenance requiring plant-wide shut down and with notification to area property owners 4. The number of employees is twenty(20). 5. Co-location of other antennas by other service providers shall be allowed in accordance with the Operator's safety requirements. 6. Upon termination of the use of the communication antenna tower, the equipment shelter, antenna structure,and any associated equipment shall be removed and the premises restored to its original condition according to the Decommissioning Plan. 7. The operator shall comply with the approved Communications Plan submitted to the Department of Planning Services. 8. The operator shall comply with the approved Landscaping/Screening Plan submitted to the Department of Planning Services. 9. The operator shall comply with the approved Lighting Plan submitted to the Department of Planning Services. 10. 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. 11. 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. 12. 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 1 of the Weld County Code. 13. Fugitive dust and fugitive particulate emissions shall be controlled along the construction route. Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations. 14. 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 Energy and Carbon Management Commission (ECMC) Rule 604 and/or the provisions of the State Underground and Above Ground Storage Tank Regulations. 6MUSR25-83-542 I DCP Midstream LP Page 6 of 10 15. 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. 16. The applicant shall obtain a Colorado Discharge Permit System or CDPS permit from the Colorado Department of Public Health and Environment (CDPH&E), Water Quality Control Division, as applicable. 17. The operator shall comply with the approved noise mitigation plan submitted to the Department of Planning Services. 18. The facility shall not exceed 65 decibels (db(A)), as measured at the property boundaries in accordance with the Light Industrial standard as set forth in Section 25-12-103, C.R.S. 19. 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. 20. Adequate drinking, hand washing 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. 21. Any On-site Wastewater Treatment System located on the property must comply with all provisions of the Weld County Code, pertaining to On-site Wastewater Treatment Systems. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. 22. 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. 23. A Spill Prevention, Control and Countermeasure Plan, prepared in accordance with the applicable provisions of 40 CFR, Part 112, shall be available on site. 24. The operation shall comply with all applicable rules and regulations of the state and federal agencies and the Weld County Code. The Operator shall notify the Weld County Department of Public Health and Environment of all Compliance Orders on Consent(COC)or other enforcement actions by the Colorado Department of Public Health and Environment within sixty(60)days. 25. The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. 26. 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. 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. All signs shall adhere to Chapter 23,Article IV, Division 2 of the Weld County Code. 29. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15,Article I and II, of the Weld County Code. 6MUSR25-63-542 l DCP Midstream LP Page 7 of 10 30. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off-site tracking. 31. There shall be no parking or staging of vehicles on public roads. On-site parking shall be utilized. 32. Any work that may occupy and or encroach upon any County rights-of-way or easement shall acquire an approved Right-of-Way Use Permit prior to commencement. 33. The Property Owner shall comply with all requirements provided in the executed Road Maintenance Agreement for Construction. 34. Some access will be along unmaintained County right-of-way and maintenance of the right-of-way will not be the responsibility of Weld County. 35. The historical flow patterns and runoff amounts will be maintained on the site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to runoff rate and velocity increases, diversions, concentration and/or unplanned ponding of stormwater runoff. 36. Weld County is not responsible for the maintenance of onsite drainage related features. 37. The existing access point on County Road 35, approximately 2,400 feet north of County Road 38, shall be gated and locked at all times except for seasonal maintenance. 38. Building permits may be required, for any new construction, set up of manufactured structures, or change of use of existing buildings per Section 29-3-10 of the Weld County Code. Buildings and structures shall conform to the requirements of the various codes adopted at the time of permit application. Currently the following has been adopted by Weld County: 2018 International Building Codes,2018 International Energy Code,2020 National Electrical Code,and Chapter 29 of the Weld County Code. A Building Permit Application must be completed and two (2) 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 Colorado registered engineer, shall be required or an Open Hole Inspection. A building permit must be issued prior to the start of construction. 39. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Facility Fee, County-Wide Road Impact Fee, and Drainage Impact Fee Programs. 40. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 41. All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as amended. 42. 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. 43. For any minor amendment to the USR Permit, the operator shall notify all property owners within 500 feet of the property; if more than thirty(30)%of such property owners object,the amendment shall be considered a major amendment requiring approval by the Board of County Commissioners. 44. 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. 6MUSR25-83-542 I DCP Midstream LP Page 8 of 10 45. 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. 46. Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced within three(3)years from the date of Board of County Commissioners signed Resolution, unless otherwise specified by the Board of County Commissioners when issuing the original Permit,or the Permit shall be vacated. 47. A Use by Special Review shall terminate when the use is discontinued for a period of three (3) consecutive years, the use of the land changes or the time period established by the Board of County Commissioners through the approval process expires. The landowner may notify the Department of Planning Services of a termination of the use, or Planning Services staff may observe that the use has been terminated. When either the Department of Planning Services is notified by the landowner,or when the Department of Planning Services observes that the use may have been terminated, the Planner shall send certified written notice to the landowner asking that the landowner request to vacate the Use by Special Review Permit. 48. In such cases where the Use by Special Review has terminated but the landowner does not agree to request to vacate the Use by Special Review Permit,a hearing shall be scheduled with the Board of County Commissioners to provide the landowner an opportunity to request that the Use by Special Review Permit not be vacated, for good cause shown. The landowner shall be notified at least ten (10)days prior to the hearing. If the Board of County Commissioners determines that the Use by Special Review has terminated and no good cause has been shown for continuing the permit, then the termination becomes final, and the Use by Special Review Permit is vacated. 49. 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. 50. 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 6MUSR25-83-542 I DCP Midstream LP Page 9 of 10 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 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. 6MUSR25-83-542 l DCP Midstream LP Page 10 of 10 Contract Form Entity Information Entity Name* Entity ID* 7-1 New Entity? DCP OPERATING COMPANY LP @00040422 Contract Name* Contract ID Parent Contract ID ROAD MAINTENANCE DURING CONSTRUCTION 10105 AGREEMENT 6MUSR25-83-542 DCP OPERATING Requires Board Approval COMPANY LP Contract Lead* YES JTRUJILLOMARTINEZ Contract Status Department Project # CTB REVIEW Contract Lead Email jtrujillomartinez@weld.go v Contract Description* ROAD MAINTENANCE DURING CONSTRUCTION AGREEMENT 6MUSR25-83-542 DCP OPERATING COMPANY LP NO COLLATERAL REQUIRED Contract Description 2 Contract Type* Department Requested BOCC Agenda Due Date AGREEMENT PLANNING Date* 11 22 2025 11 26 2025 Amount* Department Email $0.00 CM-Planning@weld.gov Will a work session with BOCC be required?* NO Renewable* Department Head Email NO CM-Planning- Does Contract require Purchasing Dept. to be DeptHead@weld.gov included? Automatic Renewal NO County Attorney Grant GENERAL COUNTY IGA ATTORNEY EMAIL County Attorney Email CM- COU NTYATTORNEY@WEL D.GOV If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Review Date* Renewal Date 11 /26/2026 Termination Notice Period Expiration Date* Committed Delivery Date 1 1 /26/2027 Contact Information Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel DAWN ANDERSON RUSTY WILLIAMS BYRON HOWELL DH Approved Date Finance Approved Date Legal Counsel Approved Date 11 ; 17,2025 11 /18/2025 11 /18/2025 Final Approval BOCC Approved Tyler Ref# AG112625 BOCC Signed Date Originator BOCC Agenda Date JTRUJILLOMARTINEZ Hello