HomeMy WebLinkAbout20153777.tiff RESOLUTION
RE: APPROVE IMPROVEMENTS AND ROAD MAINTENANCE AGREEMENT
ACCORDING TO POLICY REGARDING COLLATERAL FOR IMPROVEMENTS,
AUTHORIZE CHAIR TO SIGN, AND ACCEPT OFF-SITE COLLATERAL FOR SITE
PLAN REVIEW, SPR15-0015- EXPEDITION WATER SOLUTIONS COLORADO, LLC
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
Y
WHEREAS, on September 29, 2015, the Department of Planning Services approved Site
Plan Review, SPR15-0015, for Expedition Water Solutions Colorado, LLC, 22621 Union Colony
Road, Greeley, CO 80634, for an amendment to Site Plan Review SPR14-0010 to update the
layout of the original oil and gas injection site, while also adding an additional six months onto the
existing timeframe for the use of the temporary injection well site during construction of the new
permanent facility. Capabilities for future recycling of water for the use in the oilfield industry as
well as future cleaning out of tanks is also proposed in this agreement, in the 1-3 (Industrial) Zone
District, on the following described real estate, to-wit:
Lot 6 of Union Colony Industrial Park; being part of
the E1/2 SE1/4 of Section 35, Township 6 North,
Range 65 West of the 6th P.M., Weld County,
Colorado
WHEREAS, pursuant to certain Conditions of Approval, the Board has been presented
with an Improvements and Road Maintenance Agreement According to Policy Regarding
Collateral for Improvements between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, and Expedition Water Solutions Colorado, LLC,
with terms and conditions being as stated in said agreement, and
WHEREAS, the Board has been presented with Visa Credit Card Payment to the
Department of Public Works, deposited in the Trust Fund 12/1/15, from Ruth Goddard on behalf
of Expedition Water Solutions Colorado, LLC, 22621 Union Colony Road, Greeley, CO 80634, in
the amount of$3,600.00, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
accept said Visa Credit Card Payment as stated above, copies of which are attached hereto and
incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Improvements and Road Maintenance Agreement According to Policy
Regarding Collateral for Improvements between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, and Expedition Water Solutions
Colorado, LLC, be, and hereby is, approved.
BE IT FURTHER RESOLVED that Visa Credit Card Payment to the Department of Public
Works, deposited in the Trust Fund 12/1/15, from Ruth Goddard on behalf of Expedition Water
Solutions Colorado, LLC, 22621 Union Colony Road, Greeley, CO 80634, in the amount of
$3,600.00, be and hereby is, accepted.
4164931 Pages: 1 of 18
12/11/2015 12:28 PM R Fee:$0.00 2015-3777
Carly Koppes, Clerk and Recorder, Weld County, CO /� PL2402
1111�1�1��l�P���.���< Yi�r�� 1I III 6 c:`�O:k�'
IMPROVEMENTS AGREEMENT- EXPEDITION WATER SOLUTIONS COLORADO, LLC
PAGE 2
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 7th day of December, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
tt��
ATTEST:C/.� 44.,c 4Z— , 1/L VA1— e!�
arbara Kirkmeer, Chair .f
Weld County Clerk to the Board
Mi ean, Pro-Tem
BY:
/ f
-duty Clerk to the Board,
�‹4e% can P. Con y
APP D RM: 11,61 (R aa�„�.
-// �,,;�,�• �ie A. Cozad
� unty Attorney ek mot XCUSED
♦ Steve Moreno
Date of signature: 42//6
4164931 Pages: 2 of 18
12/11/201$\ 12:28 PM R Fee:$0.00
Carly Koppes,'-Clerk and Recorder, Weld County, CO
■IIIl��1�JN �ITr:�i�+:f'I.'�rFrl41F���F:�l 'Oki EI I!I
2015-3777
PL2402
MEMORANDUM
TO: Clerk to the Board
DATE: 12/3/2015
10 J FROM: Richard Hastings, Public Works Department
`1 GOUNTY�
1 SUBJECT: BOCC Agenda Item - Approve Improvements
Agreement and Accept Collateral For:
Expedition Water Solutions Colorado, LLC
(SPR15-0015)
Request for Approval of Improvements Agreement:
The Department of Public Works received a request from the applicant, Ruth Goddard/Expedition
Water Solutions, requesting that the Board of County Commissioners consider approving the
Improvements Agreement for the Oil and Gas Support and Service Facility — Saltwater Injection,
(SPR15-0015), located at CR's 62 &47, east of the town of Greeley.
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 Agreement has been signed by Jay McDonald/Public Works Director and reviewed by
Bob Choate/Assistant County Attorney. No revisions to Part 2 of the Agreement were
made.
Request for Acceptance of Collateral:
The Department of Public Works received a request from the applicant, Ruth Goddard/Expedition
Water Solutions, requesting that the Board of County Commissioners consider accepting off-site
collateral in the form of a Credit Card — Expedition Water Solutions Colorado, LLC (Visa) in the
amount of$3,600.00, for the above-mentioned Improvements Agreement.
Recommendation:
The Department's 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 and the acceptance of off-site collateral, in an
amount of$3,600.00, for Expedition Water Solutions Colorado, LLC—(SPR15-0015).
pc: Elizabeth Relford,Public Works
Ryder Reddick,Planning Services 2015-3777
Bob Choate,Assistant County Attorney
U:\Engineering\PLANNING—DEVELOPMENT REVIEW-2015 Planning Referrals\SPR15\SPR15-0015 expedition water\Improvements
Agreement\Approve IA&Accept Collateral(SPR15-0015)Expedition Water-MEMO.docx
IMPROVEMENTS & ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
Expedition Water Solutions Colorado, LLC—SPR15-0015
THIS AGREEMENT is made this 30th day of November, 2015, by and between Expedition
Water Solutions Colorado, 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 SPR15-0015, referred to as "the Property," which has been approved by the
County, and
WHEREAS, as a condition of approval of SPR15-0015, the Property Owner agrees to
complete the improvements required by this Agreement, pursuant to Exhibit A (Costs), Exhibit B
(Schedule), Exhibit C (Plat Map) and Exhibit D (Construction Plans), which are each incorporated
herein, 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 (60) feet at the main entrances and exits
which extend partially into CR 47 right-of-way(ROW);
1.2 Drainage installations;
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.
4164931 Pages: 3 of 18R 0,26/ 5:177�
12/11/2015
PM
d Recorde$0W0ld County, CO 1of12
■Ilit���,�E��T�Y���l ,����'`'�'�i,'�1 ini N'� 1Y�,�� �I111
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 47 for further dispersal. Any County 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
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
°'ee 2 of 12
4164931 Pages: 4 of 18
12/11/2015 12:28 PM R Fee:$0.00
K ppes, Clerk and Recorder, Weld County, CO
VIII Iir rlifl";I#'4' '4 .L'illil#1.41 , i,1 1411111
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
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,
4164931 Pages: 5 of 18 ge3of12
12/11/2015 12:28 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County; CO
viii 14,M'Ili4rIV,«I+:Ifi1i I OW till lI III
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, 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.
Other roadways Improvements may be triggered due to heavy truck traffic associated with
the facility onto CR 47;the following is the trigger for the improvements for the right
acceleration lane onto CR 47 near the facility entrance:
a. 50 vph turning right out of the facility from CR 62 onto CR 47 during a peak
hour.
9.0 Future Road Replacement: At any time in the future,if,in the opinion of County,road damage
increases beyond the point that repair of damage cannot maintain the road in a safe and usable
condition,Property Owner shall pay a proportionate cost of a complete road restoration.Notification
to the Property Owner of the required roadway replacements will be given as soon as the data becomes
available and typically takes place before the end of the year prior to the start of the replacement
project.
10.0 Proportionate Share of Road Maintenance Responsibilities:
10.1 Property Owner shall pay its Proportionate Share of costs of dust control/abatement, •
paving, repairs, maintenance, improvements, or future road replacement of any particular
Haul Route Road. Property Owner's Proportionate Share shall be based upon the
percentage of traffic on the road that is attributable to Property Owner's facility. County
personnel will determine the percentage based on then current Equivalent Single Axle
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)
Page 4 of'
4164931 Pages: 6 of 18
12/11/2015 12:28 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, Co
II III
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.
"End of Part 1"
U:\Engineering\PLANNING—DEVELOPMENT REVIEW\-2015 Planning Referrals\SPR15\SPR15-0015 expedition water\Improvements
Agreement\Expedition Water(SPR15-0015)-Part 1 Final IA(11-30-15).docx
4164931 Pages: 7 of 18
12/11/2015 12:28 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
■tll l irAity l:llitlitil iVal O N'Il 'liallyi, Ill II
Page 5of12
IMPROVEMENTS &ROAD MAINTENANCE AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
Expedition Water Solutions Colorado, LLC —SPR15-0015
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.
of 12
4164931 Pages: 8 of 18
12/11/2015 12:28 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, Co
uIII P1R'a&76, Iiii1 14.111' ' III*WA Yid ,I 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 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, 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 SPR improvements in that phase of the SPR is
satisfactory to the County, and all terms of this Agreement have been faithfully kept
by Property Owner.
Page 7 of 12
4164931 Pages: 9 of 18
12/11/2015 12:28 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
Ell KillA'tithillMCIIOCANN L 11191&11411111
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 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.
Page 8of12
4164931 Pages: 10 of 18
12/11/2015 12:28 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder Weld County, CO
Ell�!�1���Wi�� KIVAil�,?�k��'401105 it Ed i1 II
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 SPR. 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 SPR 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 SPR, and intends to make use of the rights and privileges
available to it through the then existing SPR.
2.3 Revocation of SPR: This Agreement shall terminate following County's revocation of
Property Owner's SPR, 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 SPR: Property Owner acknowledges that failure to comply with the terms
of this Agreement constitutes cause to revoke the SPR, and County may exercise this option in
its sole 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 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;
Page 9of12
4164931 Pages: 11 of 18
12/11/2015 12:28 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
■IIIMILehifiGlitHrlifilkhNKIII Ii III 111
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 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.Q '. 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,
Property Owner agrees that the Weld County District Court shall have exclusive jurisdiction to.
resolve said dispute.
f12
4164931 Pages: 12 of 18
12/11/2015 12:28 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
1111�!�11'1� I iVALRti 1IDNEvii, iI II
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 71.47
PRINTED NAM Jim Goddard
TITLE(If Applicable) President
STATE OF COLORADO )
ss.
County of Weld )
The foregoing 'nstrument was acknowledged before me this / ' day of 4r«ib*js r ,
2015,by J iYI 0404/4. —
WITNESS my hand and official seal.
tart'P is
JENNIFER CHERE GODDARD 4164931 Pages: 13 of 18
NOTARY PUBLIC 12/11/2015 12:28 PM R Fee:$0.00
$0.00
STATE OF COLORADO Carly Koppes, Clerk and Recorder, Weld County, CO
NOTARY ID 20144036683 ■III I �11L'�Q��rrllll�l44�� �,� uLk1r :P�i4�in iI II
MY COMMISSION EXPIRES SEPTEMBER 18,WM
Page 11 of i
LESSEE(If Applicable):
SIGNATURE
PRINTED NAME
TITLE
STATE OF COLORADO )
ss.
County of Weld )
The foregoing instrument was acknowledged before me this day of
2015,by
WITNESS my hand and official seal.
Notary Public
ATTEST: dj� ) ;‘,k, BOARD OF COUNTY COMMISSIONERS
Weld C t Clerk to the Bo rd WELD COUNTY, O ORADO
BY: A./
Deputy Cle to e Boar arbara Kirkmeyer Chair D C 0 7 2015
APPR AS TO F A ,a APPROVED AS O SUBST�t�NCE:
-eC
County Attorney t1 t r� •� ericial or Depar ment Head
4164931 Pages: 14 of 18
12/11/2015 12:28 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
■III I��1l1�1�r��i���IhWh�E'�!���X�14OAKw ��'��rY����� 11 II 1
U:\Engineering\PLANNING — DEVELOPMENT REVIEW4-2015 Planning Referrals\SPR15\SPR15-0015 expedition water\Improvements
Agreement\Expedition Water(SPRI5-0015)-Part 2 Final IA(1 l-20-15).docx
Page 12 of 12 0.261/5 .
27'�i
EXHIBIT A - Cost Sheet(OFF-SITE)
Name of Facility: Expediiton Water Solutions Filing/Case#: Location: 2261 Union Colony Road
Personnel Contact:Name Jim Goddard Title: President Phone: 970-381-5005
Intending to be legally bound the undersi ned Applicant hereby agrees to provide throughout this facility the following improvements.
Improvements (OFF-SITE)
(Leave spaces blank where they do not apply)
Ouantitv Units Unit Costs($) Estimated Construction
Cost($)
J,PUBLIC WORKSJ,
Site Grading
Street Grading
Street Base,Gravel for Parking
Street Paving
Pavement Marking
Curbs,Gutters,and Culverts
Sidewalk
Stormwater/Drainage Facilities
Retention/Detention Ponds
Road Culvert
Grass Lined Swale
Ditch Improvements
Subsurface Drainage
Entrance/Access Improvements
Erosion Control Measures/BMP's
Road Maint.Collateral(per Sec.E.-7.5) $3,600.00
Dust Control(per Sec.E.-7.5.2)
Fire Hydrants
Survey,Street Monuments/Boxes
J,PLANNING SERVICES]
Parking Area,Curb Stops,Bus Kiosks
Street Lighting
Street Names
Signage
Fencing Requirements
Landscaping,Seeding,Trees,etc.
Park Improvements
Handicap Accessibility,Parking&Rails
Septic Systems
SUB-TOTAL:
�A . : _per „�t,r ,v<� , .11 11
eshng,inspec on,as-I m p ans an. wor in a,a on to pre iminary an
Engineering and Supervision Costs($) final plat;supervision of actual construction by contractors)
TAI UCTIAd A TCT!lloT"r....,,,,,,.,.�,-�.. ._•----•- --RING AND SUPERVISION ($) I
4164931 Pages: 15 of 18
12/11/2015 12:28 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County. CO
■III 1���.r���Q UP4'IIIM6NIK 4 gi I'�h1 Y�"�C�'i��Y4��� ■1111
EXHIBIT A - Cost Sheet (OFF-SITE) - Signature Page
The above improvements shall be constructed in accordance with all County requirements and specifications,
and conformance with this provision shall be determined solely by Weld County,or its duly authorized agent.
Said improvements shall be completed according to the construction schedule set out in Exhibit B
By:
Ap icant
President Date November 30 ,20 15
Title
By:
Applicant
Date ,20
Title
4164931 Pages: 16 of 18
12/11/2015 12:28 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
■III MragrinMiliki IK III III
EXHIBIT B -Time Schedule (ON-SITE) & (OFF-SITE)
Name of Subdivision,PUD,USR,RE,sPR: Union Colony Industrial Parkiling/case#: Location: 2261 Union Colony Rd.
Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this facility the following improvements.
All improvements shall be completed within years from the date of approval of the final plat.
Construction of the umprovements listed in Exhibit A shall be completed as follows:
Improvements Time Schedule
(Leave spaces blank where they do not apply) O( N SITES (OFF-SITE
PUBLIC WORKSI
Site Grading
Street Grading
Street Base,Gravel for Parking
Street Paving
Pavement Marking
Curbs,Gutters,and Culverts
Sidewalk
Stormwater/Drainage Facilities
Retention/Detention Ponds
Road Culvert
Grass Lined Swale
Ditch Improvements
Subsurface Drainage
Entrance/Access
Erosion Control Measures/BMP's
Fire Hydrants
Survey,Street Monuments/Boxes
,j,PLANNING SERVICESJ.
Parking Area,Curb Stops,Bus Kiosks
Street Lighting
Street Names
Signage
Fencing Requirements
Landscaping,Seeding,Trees,etc.
Park Improvements
Handicap Accessibility,Parking&Rails
Septic Systems
Final Completion Date for Entire Project
4164931 Pages: 17 of 18
12/11/2015 12:28 PM R Fee:$0.00
Carly Koppes, Clerk and Recorder, Weld County, CO
nil milianr odowstaiiiii r noR I'i'i, 1I 111
EXHIBIT B - Time Schedule- Signature Page
The County, at its option, and upon the request of the Applicant, may grant an extension of time for completion
for any particular improvements shown above,upon a showing by the Applicant that the above schedule cannot
be met.
By:
A icant
President Date November 30 ,20 15
Title
By:
Applicant
Date ,20
Title
4164931 Pages: 18 of 18
12/11/2015 12:28 PM R Fee:
$0.00
Carly Koppes, Clerk and all Igor own!Ai E.1'I �M Co 4
,I II I
O:\New Version Agreement\Exhibits\2013\Exh B Time Schedule-FINAL(2013).xlsx
j 1 r' - i, SITE PLAN REVIEW
4 r Administrative Review
1 rG NrY
- __
Case Number: Site Plan Review SPR15-0015 Parcel Number: 0803-35-4-01-006
Applicant: Expedition Water Solutions Colorado LLC c/o Jim Goddard
Address: 22621 Union Colony Road Greeley, CO 80631
Legal Description: Lot 6 Union Colony Industrial Park; being part of the E2 of the SE4 of Section 35,
T6N, R65W of the 6th P.M., Weld County, Colorado
Zoning: 1-3 (Industrial Zone District)
Proposed Use: An amendment to Site Plan Review SPR14-0010 to update the layout of the
original oil and gas injection well site, while also adding an additional six months
onto the existing timeframe for the use of the temporary injection well site during
construction of the new permanent facility. Capabilities for future recycling of
water for the use in the oilfield industry as well as future cleaning out of tanks is
also proposed in this amendment.
Site Plan Review Standards Meets the
Intent of the
Weld County
Comments Code
Site Plan Certification Included in Application YES
Retention Facilities See attached comments dated 8/31/2015 from the Weld YES
County Planning Department-Engineering
Per Sections 23-3-350.6. and 23-4-10. Through 23-4-40.
Offstreet Parking Show Dimensions for all 6 parking stalls including ADA NO
Stall
Loading Areas Per Section Sections 23-3-350.C. and 23-4-50.A. thru 23- YES
4-50.E. Loading areas not required
Access Per Section 23-3-350 D. YES
Setback Requirements Per Section 23-3-350 F.1. YES
Offset Requirements Per Section 23-3-350 F.2. YES
Landscaping Per Section 23-3-350.G. YES
Trash Collection and Storage Per Section 23-3-350.H. YES
Potable Water City of Greeley Water YES
Sewage Disposal Proposed Septic YES
Environment Standards Per application YES
Property Maintenance Per Section 23-2-160.U.7. YES
SPR15-0015
Page 1 of 9
This site plan review is approved with the attached conditions:
1. Prior to recording the Site Plan Review Map, the applicant shall address the following to the
Department of Planning Services' satisfaction:
A. The applicant shall submit a waste handling plan, for acceptance, to the Environmental Health
Services Division of the Weld County Department of Public Health &Environment. The plan shall
include at a minimum, the following: (Department of Public Health and Environment)
1. A list of wastes which are expected to be generated on site(this should include expected
volumes and types of waste generated).
2. A list of the type and volume of chemicals expected to be stored on site.
3. The waste handler and facility where the waste will be disposed (including the facility
name, address, and phone number).
B. The applicant shall attempt to address the requirements (concerns) of the City of Greeley, as
stated in the referral response received 8/21/2015. Evidence of such shall be submitted in writing
to the Weld County Department of Planning Services. (City of Greeley)
C. An Improvements and Road Maintenance Agreement is required for offsite improvements at this
location. Road maintenance including dust control, damage repair, specified haul routes and
future traffic triggers for improvements will be included. (Department of Public Works)
D. The PUDF15-0001 plat shall be submitted for recording
E. The map shall be amended to delineate the following:
1. All sheets of the Site Plan Review Map shall be labeled Site Plan Review SPR15-0015
(Department of Planning Services)
2. The Site Plan Review Map shall be prepared in accordance with Sections 23-2-160.W and X
of the Weld County Code. (Department of Planning Services)
3. This site will be required to meet all requirements of the American Disability Act(ADA). ADA
parking spaces are twenty (20) feet by eight(8) feet with five (5) foot aisles. A minimum of 1
space must be van accessible with an eight (8) foot aisle. An accessible path shall be
required from the building to the public right-of-way. Further, the ramps from the parking area
shall identify a landing area for non-ambulatory users of this facility. (Departments of
Planning Services)
4. The applicant shall provide six (6) parking stalls for the employees of this facility. The
dimensions of the parking stalls shall adhere to Section 23-4-30.B, Appendix 23-A of the
Weld County Code. (Department of Planning Services)
5. The applicant shall delineate the location of all curb stops in the parking areas per Section
23-4-30.D of the Weld County Code. (Department of Planning Services)
6. The applicant shall adhere to the lighting requirements for off-street parking spaces per
Section 23-4-30.E of the Weld County Code. (Department of Planning Services
7. Section 23-4-30.H. states: Parking lots with two-way driveways will be provided with sufficient
turning lane widths to allow two (2)vehicles to pass. (Department of Planning Services)
8. Section 23-4-30.1. states: No plant material located in driveway sight distance triangles shall
be allowed to reach height greater than three and one-half (3.5) feet. (Department of
Planning Services)
SPR15-0015
Page 2 of 9
9. The applicant shall delineate the location of the trash enclosure, in accordance with Section
23-3-350.H of the Weld County Code. (Department of Planning Services)
10. Tank areas and tank farms should be designated on the plat. (Department of Public Health
and Environment)
11. Vehicle, tank, and equipment washing areas should be designated on the plat. (Department
of Public Health and Environment)
12. Show the existing 30' of Right-Of-Way for the subdivision road, and label the access points
for the site off of that roadway on the plat. (Department of Planning Services—Engineer)
13. Show the drainage flow arrows on the site plan. Storm Water ponds should be labeled as
"Storm Water Detention, No-Build or Storage Area" (Department of Planning Services-
Engineer)
14. Show and label all easements with the recorded document reception number and date on the
site plan. (Planning)
15. All structures including signs shall be located 25 feet from the existing or proposed right of
way whichever is greater. Label setback dimensions for proposed buildings that are to be
closest to adjacent property line(s)on the plat. (Department of Planning Services)
16. Provide details of all signs. Only one freestanding sign is allowed per Appendix 23-D of the
Weld County Code. Show the distance from the future right-of-way and the dimensions of the
sign. (Department of Planning Services)
17. If there is to be outside storage of vehicles, equipment or materials utilized on this property,
the materials shall be screened from public rights-of-way and all adjacent properties.
(Department of Planning Services)
18. Building elevations (showing the side elevations) of proposed buildings shall be indicated.
(Department of Planning Services)
19. A lighting detailed for proposed lighting to be placed on the site shall be indicated.
(Department of Planning Services)
20. Section 23-3-350.G.1. states: No more than eighty-five percent (85%) of the total area of a
lot in any Industrial Zone District shall be covered. Land shall not be deemed covered if it is
used for growing grass, shrubs, trees, plants or flowers or if covered by decorative gravel or
wood chips, or if it is otherwise suitably landscaped. The applicant shall ensure that 15% of
the site is landscaped. (Department of Planning Services)
21. Section 23-3-350.G.2. states: The portion of the lot that abuts a public right of way shall be
landscaped for a distance of 10 feet measured at a right angle. Only sidewalks and
driveways may pass through this area. (Department of Planning Services)
22. The applicant shall include in the Landscape Plan addressing the above requirements for
review and approval by the Department of Planning Services. The applicant shall include in
the Landscape Plan the following information:
a. An installation schedule which specifies when the landscaping will be installed on site.
(Department of Planning Services)
b. A landscape maintenance schedule which specifically states who will perform
maintenance and that maintenance is on-going and shall not end upon final acceptance
by the Department of Planning Services. (Department of Planning Services)
SPR15-0015
Page 3 of 9
F. The following notes shall be placed on the map:
1. The Temporary Injection Facility shall operate for six (6) months or less and shall be
dismantled and removed from the site no later than six (6) months after the recording date of
the SPR15-0015 plat. (Department of Planning Services)
2. All proposed or existing structures will or do meet the minimum setback and offset
requirements for the zone district in which the property is located. Pursuant to the definition
of setback in the Weld County Code, the required setback is measured from the future rights-
of-way line. (Department of Planning Services)
3. In the event that a portion of the building or lot is proposed to be leased to another party in
the future, the applicant shall submit a copy of the lease agreement and information
regarding the proposed use of the leased portion to the Weld County Attorney's office, Weld
County Building Inspection Department, Western Hills Fire Protection District and the
Department of Planning Services for review. Based upon the proposed use and/or impacts of
the leased portion, the Department of Planning Services may require a new Site Plan Review
application and/or a Final Plat Resubdivision. (Department of Planning Services)
4. Prior to annexation, development of Lot 6 of the Union Colony Industrial Park is subject to
Weld County development standards and the Union Colony Pre-Annexation Agreement
(June 27, 2014). Architectural and Site Development Standards are outlined in Exhibit B of
the Agreement. (City of Greeley)
5. While a City of Greeley water tap utility is the only service available and requested for Lot 5 at
the time of this application request, any future development of this parcel requiring added
utility service will be subject to the terms of the Union Colony PUD Pre-annexation
Agreement. Any future city sanitary sewer and water services, water treatment plant
investment fees, and lift station recovery fees will be due at the time of requesting those
services. (City of Greeley)
6. Upon annexation to the City of Greeley, any improvements referenced as "future" or that are
not constructed prior to annexation, will require approval through the City of Greeley Land
Use process. (City of Greeley)
7. In accordance with the Weld County Code, no land, building or structure shall be changed in
use or type of occupancy, developed, erected, constructed, reconstructed, moved or
structurally altfrad nr opPratcd in the lnduatriat Zone District until a Site Plan Review has
been approved by the Department of Planning Services. (Department of Planning Services)
8. The application does not propose any portion of the site to be leased to another party. In the
event that a portion of the building is proposed to be leased to another party in the future, the
applicant shall submit a copy of the lease agreement and information regarding the proposed
use of the leased portion to the Department of Planning Services for review. Based upon the
proposed use and/or impacts of the leased portion, the Department of Planning Services may
require a new Site Plan Review application. (Department of Planning Services)
9. 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)
10. No vehicle, equipment, or temporary tank (including frac tank) washing/cleaning will occur
onsite as part of the temporary facility operations. (Department of Public Health and
Environment)
11. Temporary facility tank and associated secondary containment inspections will be conducted
daily, at a minimum, and documentation will be kept onsite of inspections. Tanks and
secondary containment will be inspected for signs of deterioration and discharges.
(Department of Public Health and Environment)
12. All Colorado Department of Health and Environment Air Pollution Control Division rules and
regulations shall be followed. Documentation of meeting these conditions shall be provided to
Weld County upon request. (Department of Public Health and Environment)
SPR15-0015
Page 4 of 9
L
13. The operation shall comply with all Colorado Oil and Gas Conservation Commission
("COGCC") rules and regulations. (Department of Public Health and Environment)
14. The facility shall operate in accordance with the accepted temporary facility Operations Plan.
(Department of Public Health and Environment)
15. No disposal of waste, other than Class II, as currently defined by the Environmental
Protection Agency, is permitted. Any changes from the approved Class II use will require an
amendment to this Use by Special Review Permit. (Department of Public Health and
Environment)
16. All liquid wastes received at the facility shall be unloaded on the unloading pad. The
unloading/loading pad leak detection system shall be constructed and operated in
accordance with the accepted design. The unloading pad will be kept in good condition and
cleaned at a frequency that prevents oils and other wastes from building up on the pad.
(Department of Public Health and Environment)
17. Analytical waste data and environmental monitoring data shall be made available to Weld
County Department of Health and Environment upon request. The Weld County Department
of Health and Environment reserves the right to require additional monitoring. (Department of
Public Health and Environment)
18. 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)
19. 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)
20. 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)
21. WCDPHE will be notified prior to the closure of the facility. Upon site closure, the facility will
remove all wastes from the site and decontaminate all equipment, tanks, and secondary
containment. All wastes removed from the site during closure activities will be disposed of off-
site, in accordance with all state and federal rules and regulations and with Weld County
Code. Documentation of closure activities will be provided to WCDPHE. (Department of
Public Health and Environment)
22. The facility shall comply with the accepted Groundwater Monitoring Plan. (Department of
Public Health and Environment)
23. All tanks will be labeled in accordance with COGCC and NFPA requirements. (Department of
Public Health and Environment)
24. Any vehicle or equipment washing areas shall be maintained to capture all effluent and
prevent discharges in accordance with all county, state and federal rules and regulations.
(Department of Public Health and Environment)
25. Should recycling occur at the facility, the facility shall operate in accordance with their
CDPHE-approved design and operations plan. A copy of the annual Recycling Facility Annual
Reporting Form shall be submitted to the CDPHE and WCDPHE by March 1 of each year.
(Department of Public Health and Environment)
SPR 15-0015
Page 5 of 9
26. All storm water, which has come into contact with waste materials on the site, shall be
confined on the site. In the event the storm water is not adequately controlled on the site,
upon written notification from the WCDPHE or CDPHE, a comprehensive site-wide Storm
Water Plan shall be developed and implemented. The plan must be accepted, in writing by
the WCDPHE or CDPHE, prior to implementation. (Department of Public Health and
Environment)
27. 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 the accepted Waste Handling Plan and with
Chapter 14, Article 1 of the Weld County Code, at all times. (Department of Public Health and
Environment)
28. Fugitive dust and fugitive particulate emissions should be controlled on this site. Fugitive dust
should attempt to be confined on the property. Uses on the property should comply with the
Colorado Air Quality Commission's air quality regulations. (Department of Public Health and
Environment)
29. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial
Zone as delineated in Section 14-9-30 of the Weld County Code. (Department of Public
Health and Environment)
30. Adequate drinking, hand washing 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. (Department of Public Health and
Environment)
31. Landscaping materials as indicated in the approved landscape plan shall be maintained at
all times. Dead or diseased plant materials shall be replaced with materials of similar
quantity and quality at the earliest possible time. (Department of Planning Services)
32. All structures, including signs, on site must obtain the appropriate building permits.
(Department of Planning Services)
33. 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
snuma 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)
34. Building Permits issued on the proposed lots will be required to adhere to the fee structure of
the Weld County Road Impact Program. (Department of Planning Services)
35. Should noxious weeds exist on the property or become established as a result of the
proposed development, the applicant/landowner shall be responsible for controlling the
noxious weeds, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
(Department of Planning Services-Engineer)
36. The site shall be maintained to mitigate any impacts to the public road including damages
and/or offsite tracking. (Department of Planning Services-Engineer)
37. There shall be no parking or staging of vehicles on public roads. On-site parking shall be
utilized. (Department of Planning Services-Engineer)
38. The historical flow patterns and runoff amounts will be maintained on the site. (Department of
Planning Services-Engineer)
39. Weld County is not responsible for the maintenance of onsite drainage related features.
(Department of Planning Services-Engineer)
SPR15-0015
Page 6 of 9
40. The applicant shall develop an 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 and the Weld County Office of Emergency
Management. Submit evidence of acceptance to the Department of Planning Services.
(Department of Planning Services)
2. The applicant shall submit one (1) electronic (.pdf) copy or one (1) paper copy of the site plan review
map for preliminary approval to the Department of Planning Services. Upon approval of the map, the
applicant shall submit a Mylar, along with all other documentation required as conditions of approval.
The Mylar shall be recorded in the office of the County Clerk and Recorder by the Department of
Planning Services. The Mylar and additional requirements shall be recorded within one hundred
twenty (120) days from the date the administrative review was signed. The applicant shall be
responsible for paying the recording fee. If the Site Plan Review Map has not been recorded within
one hundred twenty (120) days from the date the administrative review was signed, or if an applicant
is unwilling or unable to meet any of the conditions within one hundred twenty(120)days of approval,
the application will be forwarded to the Weld County Code Compliance for violation. The Director of
Planning Services may grant an extension of time, for good cause shown, upon a written request by
the applicant. (Department of Planning Services)
3. Prior to the release of building permits:
a. The facility shall post financial assurance with the COGCC. The financial assurance shall be
adequate to cover a third-party closure of the facility, including the plugging and abandonment of
the well, in accordance with industry standards, and the removal of all structures (including
concrete) on the facility. The facility shall submit evidence to Weld County Department of Public
Health and Environment that the appropriate financial assurance has been obtained. (Department
of Public Health and Environment)
b. Detailed Plans for a concrete unloading pad shall be submitted for acceptance. A leak detection
system shall be designed and installed beneath the concrete unloading pad(s), piping, and
sump(s). Plans shall be submitted to and accepted by Weld County Department of Public Health
and Environment. (Department of Public Health and Environment)
c. Detailed plans for the concrete secondary containment structure for all storage and processing
tanks shall be submitted for acceptance. Secondary containment volume shall provide
containment for the entire contents of the largest single tank plus sufficient freeboard to allow for
precipitation. The plans and engineered drawings will be stamped and signed by a Colorado
Registered Professional Engineer. The Weld County Department of Public Health and
Environment will consider structures other than concrete, provided a Colorado Registered
professional engineer provides a certification indicating that the proposed alternate containment
system meets, or exceeds, the function of a concrete system with regard to containment, spills,
and unintended releases. Plans shall be submitted to and accepted by Weld County Department
of Public Health and Environment. (Department of Public Health and Environment)
d. Upon approval by the Department of Planning Services, the Site Plan Review shall be prepared
per Section 23-2-160 of the Weld County Code and submitted to the Department of Planning
Services to be recorded. (Department of Planning Services)
e. The applicant shall submit two complete sets of blueprints to the Weld County Department of
Building Inspection. (Building Department)
f. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the
Weld County Road Impact Program. (Department of Planning Services)
4. Prior to the release of the Certificate of Occupancy:
a. The applicant shall submit written evidence to Weld County Department of Public Health and
Environment from the City of Greeley Water Department that the tap is adequate, or the applicant
shall submit written evidence from another adequate water source provider. (Department of
Public Health and Environment)
S PR 15-0015
Page 7 of 9
b. An onsite wastewater treatment system is required for the proposed facility and shall be installed
according to the Weld County Onsite Wastewater Treatment System Regulations. The septic
system is required to be designed by a Colorado Registered Professional Engineer according to
the Weld County Onsite Wastewater Treatment System Regulations. (Department of Public
Health and Environment)
5. We recommend that the following requirement be incorporated into the permit as a condition that
must be met one month prior to operation of the recycling Facility, as applicable:
a. The applicant shall provide evidence of a Recycling Facility Registration and a Colorado
Department of Public Health and Environment (CDPHE)-approved design and operations plan.
(Department of Public Health and Environment)
6. We recommend that the following requirement be incorporated into the permit as a condition that
must be met one month prior to operation of the truck washout facility, as applicable:
a. In the event vehicle, tank, or equipment washing will occur on site, the applicant shall submit
documentation to demonstrate that washing area(s) shall capture all effluent and prevent
discharges. If necessary, the applicant will obtain written approval from the CDPHE. (Department
of Public Health and Environment)
7. Prior to the operation of the temporary facility:
a. A detailed Engineered Design and Operations Plan ("Operations Plan") shall be submitted to the
Environmental Health Services Division of the Weld County Department of Public Health and
Environment ("WCDPHE"). The Temporary Storage Facility shall comply with the Operations
Plan at all times during operation. The Operations Plan shall include the following:
1. Operation information including, but not limited to, site plan information, facility
component information/piping and instrumentation diagrams, facility
process/operations information, and construction information.
2. A Spill Prevention, Control and Countermeasure Plan prepared in accordance
with the applicable provisions of 40 CFR, Part 112 shall be provided to WCDPHE
prior to operation. The SPCC plan will include all storage tanks(including frac
tanks).
3. Engineered drawings showing secondary containment, unloading pad, piping,
and leak detection systems. The engineered drawings will be stamped and
signed by a PE. Documentation of unloading pad and secondary containment for
all storage and treatment tanks will be provided. Secondary containment and
unloading pads shall be accepted by WCDPHE. Documentation of acceptance
will be provided to the Weld County Department of Planning from WCDPHE.
The secondary containment and unloading pad design shall demonstrate how all
spilled waste and stormwater will be contained within the containment or
receiving area. Containment volume shall be of sufficient capacity to contain the
volume of the largest single tank including sufficient freeboard for precipitation.
4. Describe the closure process for the Temporary Storage Facility including
process for removing waste and temporary equipment from the site.
5. Waste Management Plan. 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. All 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 VOCs. All chemicals
must be stored securely, on an impervious surface, and in accordance with
manufacturer's recommendations.The Waste Management Plan shall include at
a minimum:
SPR15-0015
Page 8 of 9
a. A list of wastes which are expected to be generated on site(this
should include expected volumes and types of waste generated).
b. A list of the type and volume of chemicals expected to be stored on
site.
c. The waste handler and facility where the waste will be disposed
(including the facility name, address, and phone number).
d. Solids and sediment will accumulate in the storage tanks. No vehicle,
equipment, or tank(including frac tank)washing/cleaning will occur
onsite at temporary facilities. This will include the removal of solids
and tank bottoms. The waste handling plan shall include a plan
describing off-site solids and sediment disposal and a commitment to
clean tanks off-site.
Site Plan Review conditionally approved by: ' Date:•
1 rr-c(JI
SPR15-0015
Page 9 of 9
Richard Hastings
From: Mona Weidenkeller
Sent: Wednesday, December 02, 2015 2:20 PM
To: Tisa Juanicorena
Cc: Richard Hastings
Subject: Collateral Payment
Attachments: SPR15-0015 Collateral Payment for Goddard.pdf
HI Tisa! We collected $3,600 from Ruth Goodard on 12/1/15 for Expedition Water Solutions(SPR15-0015)collateral.
Attached is a copy of the credit card slip and the Improvements and Road Maintenance Agreement. I will deposit this
into 7045-70100-6570-900 per Esther's direction. Have a great day!
Mona Weidenkeller
Office Tech IV-Accts Payable/Receivable
Weld County Public Works Dept
1111 H Street, PO Box 758
Greeley, CO 80632
970-304-6496, Ext. 3777
970-304-6497(Fax)
mweidenkeller@weldgov.com
Confidentiality Notice:This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication.Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
1
WELD CTY PUBLIC WORKS
1111 H STREET
GREELEY,CO 80631
12/01/2015 10:50:36
MID:XXXXXXXXXXXXS13 TID:XXXXX106
CREDIT CARD
VISA SALE
CARD# )000000 0000 2548
Chip Card AID: A0000000031010
ATC: 004E
TC: 9DOE8FE3834EB41E
INVOICE 0002
SEQ#: 0002
Bath#: 000634
Approval Code: 03077D
Entry Method: Chip Read
Mode: Issuer
SALE AMOUNT $3600.00
I agree to pay above total amount
according to card issuer agreement,
(Merchant agreement if Credit Vo,ycher)
r_.
RUTH GODDARD
MERCHANT COPY
Hello