HomeMy WebLinkAbout20110375.tiff (Ati;\)-7' TO: Planning Staff
FROM: Bruce Barker, Weld County Attorney
wag DATE: November 26, 2007
RE: Instructions for Use of Mineral and Qualifying Surface
COLORADO• Development Certifications
S.B. 07-237 amended C.R.S. §§ 24-65.5-101, et seq., concerning mineral notification.
Additionally, S.B. 07-237 added requirements for This has prompted the necessity of creating
two new certification forms and changes to various sections of the Weld County Code regarding
mineral owner notification. The Planning Commission has approved the changes. The Board of
County Commissioners will be considering the changes beginning in December, 2007.
See the attached certification forms. The form labeled, "Certification Mineral Only,"may be
used in most cases. The form labeled, "Certification Mineral and Escrow," should be used only
when the case involves a "qualifying surface development." "Qualifying surface development"
means an application for development covering at least one hundred sixty gross acres, plus or
minus five percent, within the greater Wattenberg area, including any applications for
development filed by affiliates sharing a common boundary, in whole or in part.
• Please let me know if you have any questions.
pc: Clerk to the Board
Cyndy Giauque
Stephanie Arries
• 0?Of - O3-1s
0 s ®/
• CERTIFICATION
RE: NOTIFICATION OF MINERAL INTEREST OWNERS AND LESSEES
AND STATEMENTS BY APPLICANT
OF QUALIFYING SURFACE DEVELOPMENT
The undersigned Applicant certifies compliance with the provisions of C.R.S. § 24-65.5-
103(1), and in support thereof, states as follows:
1. That Applicant has provided notice, (a copy of which is attached hereto as
Exhibit "A"), containing the time and place of the initial public hearing on its application
L7 for Case Number UoR-/ 7/i, , the nature of the initial public hearing, the legal
description by section, township and range of the property which is the subject of the
initial public hearing, and the name of the applicant;
2. That said notice was provided thirty (30) days prior to the scheduled
public hearing, that it was provided by certified mail, return receipt requested, or by a
nationally recognized overnight courier;
3. That said Exhibit A includes the list of the names and addresses of the
surface owners, mineral estate owners and lessees of mineral interests to whom the notice
was sent, including those persons who have requested receipt of such notices, pursuant to
C.R.S. § 24-65.5-103(3).
4. That because Applicant is submitting an application for a qualifying
•. surface development, as defined pursuant to C.R.S. § 24-65.5-102(5.7), one of the
following applies (check one):
_ a. No mineral estate owner has entered an appearance or filed an
objection to the proposed application for development within thirty (30)
days after the initial public hearing on the application;
_ b. The Applicant and any mineral estate owners who have filed an
objection to the proposed application for development or have otherwise
filed an entry of appearance in the initial public hearing regarding such
application no later than thirty days following the initial public hearing on
the application have executed a surface use agreement related to the
property included in the application for development, the provisions of
which have been incorporated into the application for development or are
evidenced by a memorandum or otherwise recorded in the records of the
clerk and recorder of the county in which the property is located so as to
provide notice to transferees of the applicant, who shall be bound by such
surface use agreements; OR
•
1
• CERTIFICATION
RE: NOTIFICATION OF MINERAL INTEREST OWNERS AND LESSEES
The undersigned Applicant certifies compliance with the provisions of C.R.S. § 24-65.5-
103(1), and in support thereof, states and certifies as follows:
I. That Applicant has provided notice, (a copy of which is attached hereto as
Exhibit "A"), containing the time apd place of the initial public hearing on its application
for Case Number US - J'�jc `J , the nature of the initial public hearing, the legal
description by section, township and range of the property which is the subject of the
initial public hearing, and the name of the applicant;
2. That said notice was provided thirty (30) days prior to the scheduled
public hearing, that it was provided by certified mail, return receipt requested, or by a
nationally recognized overnight courier;
3. That said Exhibit A includes the list of the names and addresses of the
surface owners, mineral estate owners and lessees of mineral interests to whom the notice
was sent, including those persons who have requested receipt of such notices, pursuant to
C.R.S. § 24-65.5-103(3).
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c ' APPLICANT:
• e--61/
STATE OF C�\Ox
P.... ..UB�COUNTY OF x,�_�i O ..
r � .RY `t
� Subscribed and sworn to before me this I day of �ek�U wr.k. , 20 I I��byTON"A tt.
�ockyc9m L - S 1,-N C _tit. Z*v tI\ �. E DISNEY
Notary P .tic
Y COMM. EXP. 10-07-2014
Note: This Certification must be received by the Weld County Department of Planning
Services prior to or at the initial public hearing. If the Certification is not received by that
time, the hearing will be rescheduled to a later date, and Applicant must re-notify all
owners of mineral interests.
•
• c. The application for development provides for the following:
(1) Access to mineral operations, surface facilities, flowlines,
and pipelines in support of such operations existing when the final
public hearing on the application for development is held by means
of public roads sufficient to withstand trucks and drilling
equipment or thirty-foot-wide access easements;
(2) An oil and gas operations area and existing wellsite
locations in accordance with C.R.S. § 24-65.5-103.5; and
(3) That the Applicant has deposited into an escrow account
maintained at a commercial financial institution approved by the
Colorado Oil and Gas Conservation Commission, the amount
determined under C.R.S. § 24-65.5-103.7(1), to defray incremental
drilling costs to be incurred by mineral estate owners for drilling
wells to prospective formations accessible from the oil and gas
operations area that could otherwise have been vertically drilled
within drilling windows established by the Commission, that are
not included in such oil and gas operations area; or, that as an
alternative to such deposit, the applicant has posted a letter of
credit or other security for such costs in such manner as the
Commission has determined to be adequate.
• APPLICANT:
STATE OF CIAIAf?Y'Ca Ck0
COUNTY OF �-C\ %%%%%%
20@�` pRY PUe%iyt
Subscribed and sworn to before me this day of �2bn; � -•.•,� t
Ql� I, .SN kW' u•1`-� . `_�-F E.�\`� TON—A ; 1
��^ �. DISNEY
i
Notary P lie ttt 9l'' •..........: P�%
Note: This Certification must be received by the Weld County Department of �Q�OQ2
P �'LWA>I?ib. EXP. 10-07-2014
Services prior to or at the initial public hearing. If the Certification is not received by that
time, the hearing will be rescheduled to a later date, and Applicant must re-notify all
owners of mineral interests.
•
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