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Home My WebLink About20092823.tiff• • • • SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW (USR) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT # /AMOUNT # /$ CASE # ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number 1 2 1 5 1 8_ 0 _ 00 _ 0 1 8 (12 digit number- found on Tax I.D. information, obtainable at the Weld County Assessors Office, orwww.co.weld.co.us.) Legal Description See Exhibit A , Section 2 township 3 North, Range 64 West . Flood Plain: Zone C Zone District: A Total Acreage: 37 • 3 , Overlay District: N/A Geological Hazard: N/A , Airport Overlay District: N/A FEE OWNER(S) OF THE PROPERTY: Name: Lone Star LLC (Jim Lee) Work Phone # 1-800-367-4550 Home Phone # 1432-638-9471 Email Jim_Lee®palmertank.net Address: 1701 North Highway 385 Address: City/State/Zip Code Andrews, Texas 70714 Name: Work Phone # Home Phone # Email Address: Address: City/State/Zip Code Name: Work Phone # Home Phone # Email Address: Address: City/State/Zip Code APPLICANT OR AUTHORIZED AGENT (See Below: Authorization must accompany applications signed by Authorized Agent) Name: Lamp Rynearson & Associates Inc (Dan Hull) Work Phone # 970-356-6362 Home Phone # 970-301-1047 Email Dan.Hull@LRA-inc.com Address: 808 8th Street Address: City/State/Zip Code Greeley Colorado 80631 PROPOSED USE: The proposed use is industrial, primarily for injection well operations for the oil and gas industry. The operation acts as a means of disposal of saltwater produced from off site oil and gas wells. EXHIBIT I (We) hereby depose and state under penalties of perjury that all statements, proposals, . I with or contained within the application are true and correct to the best of my (our)knowledg- owners of property must sign this application. If an Authorized Agent signs, a letter of authori owners must be included with the application. If a corporation is the fee owner, notarized evid indicating that the signatory has to legal authority t' -'. n for the corporation. edi? '�►- l C -` 6/Z/o7 Signature: Owner or Authorized Agent Date Si ure: Owner or Authorized Agent Date 2009-2823 • • Exhibit A - Legal Description • • • The North half of the North half of the Northwest Quarter of Section 18, Township 3 North, Range 64 West of the 6th P.M., Weld County, Colorado, being more particularly described as follows: Beginning at the Northwest corner said Section 18 and considering the North line of said Section 18 as bearing South 89°48'12" East, with all other bearings contained herein relative thereto; Thence South 89°48'12" East, along the North line of said Section 18, a distance of 2453.52 feet; Thence South 00°16'57" West, 662.67 feet; Thence North 89°17'59" West, 2454.61 feet; Thence South 00°52'37" East along the West line of said Section 18, 662.53 feet to the True Point of Beginning. Said described parcel of land includes a strip of around 30 feet in width along the West and North aides of said Section 18 for County Road Right of Way purposes, and Is subject to any rights -of -way or other easements as recorded by instruments of record or as now existing on said parcel of land, County of Weld, Stale of Colorado. • • • • • LONESTAR, LLC PO Box 26, ANDREWS, TExAS 79714 June 8, 2009 Weld County Department of Planning Services 918 10th Street Greeley, Colorado 80631 RE: Agent Authorization Lonestar Salt Water Injection Facility Weld County Road 34 Weld County, Colorado Planning Staff: I hereby authorize Lamp, Rynearson and Associates, Inc. to act as the authorized agent for Lonestar, LLC in processing the Use by Special Review permit application. Enclosed are the Certificate of Incorporation indicating me as a signatory for Lonestar, LLC and the deed showing Lonestar, LLC as the fee owner of the subject property. If you have any questions, please contact me at (800) 367-4550. Sincerely, LONESTAR, LLC President enclosures Document must be filed electronically. Paper documents will not be accepted. Document processing fee Fees & forms/cover sheets are subject to change. To access other information or print copies of filed documents, visit www.sos.state.co.us and select Business Center. '-Filed Colorado Secretary of State Date and Time: 10/02/2008 11:10 AM ID Number: 20081525164 $50.00 Document number: 20081525164 Amount Paid: $50.00 ABOVE SPACE FOR OFFICE USE ONLY Articles of Organization filed pursuant to § 7-80-203 and § 7-80-204 of the Colorado Revised Statutes (C.R.S.) I. The domestic entity name of the limited liability company is Lone Star LLC (The name of a limited liability company must contain the term or abbreviation "limited liability company", "lid liability company", "limited liability co.", "ltd. liability co. ", "limited", "l.l.c. ", " lle", or "lid". See §7-90-601, C.R.S) (Caution: The use of certain terms or abbreviations are restricted by law. Read instructions for more information.) 2. The principal office address of the limited liability company's initial principal office is Street address Mailing address (leave blank if same as street address) (Street number and name or Post Office Box information) 15988 County Road 49 (Street number and name) LaSalle CO 80645 (City) ($late (ZIP/Postal Code) United States (Province — if applicable) (Country) P.O. Box 26 Andrews TX 79714 (City) Urtlt&`O States (ZIP/Postal Code) (Province— if applicable) (Country) 3. The registered agent name and registered agent address of the limited liability company's initial registered agent are Name (if an individual) OR (if an entity) (Caution: Do not provide both an individual and an entity name.) 15988 County Road 49 Lee Jim D (Last) (First) (Middle) (Suffix) Street address ARTORG_LLC (Street number and name) LaSalle Co 80645 (City) (State) (ZIP Code) Page I of 3 Rev. 02/28/2008 • • • • • Mailing address (leave blank if same as street address) (Street number and name or Post Office Box information) (City) CO (State) (The following statement is adopted by marking the box) n The person appointed as registered agent has consented to being so appointed. (ZIP Code) 4. The true name and mailing address of the person forming the limited liability company are Name (if an individual) OR (if an entity) (Caution: Do not provide both an individual and an entity name.) Lee Jim D (Last) (First) (Middle) (Suffix) Mailing address P.O. Box 26 (Street number and name or Post Office Box information) Andrews TX 79714 (City) un45ta )States (ZIP/Postal Code) (Province — if applicable) (Country) (If the following statement applies, adopt the statement by marking the box and include an attachment.) ❑ The limited liability company has one or more additional persons forming the limited liability company and the name and mailing address of each such person are stated in an attachment. 5. The management of the limited liability company is vested in (Mark the applicable box ) El one or more managers. OR ❑ the members. 6. (The following statement is adopted by marking the box.) ❑✓ There is at least one member of the limited liability company. 7. (If the following statement applies, adopt the statement by marking the box and include an attachment) ❑ This document contains additional information as provided by law. 8. (Caution: Leave blank if the document does not have a delayed effective date. Stating a delayed effective date has significant legal consequences. Read instructions before entering a date.) Of the following statement applies, adopt the statement by entering a date and if applicable, time using the required format) The delayed effective date and, if applicable, time of this document is/are (mm/dd/yyyy hour:minute am/pm) ARTORG_LLC Page 2 of 3 Rev. 02/28/2008 • • • • • Notice: Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic statutes. This perjury notice applies to each individual who causes this document to be delivered to the Secretary of State, whether or not such individual is named in the document as one who has caused it to be delivered. 9. The true name and mailing address of the individual causing the document to be delivered for filing are Lee Jim (Last P.O. Box 2 (First) D. (Middle) (Suffix) (Street number and name or Post Office Box information) Andrews (City) TX 79714 (State) (ZIP/Postal Code) United States . (Province— if applicable) (Country) (If the following statement applies, adopt the statement by marking the box and include an attachment) ❑ This document contains the true name and mailing address of one or more additional individuals causing the document to be delivered for filing. Disclaimer: This form/cover sheet, and any related instructions, are not intended to provide legal, business or tax advice, and are furnished without representation or warranty. While this form/cover sheet is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form/cover sheet. Questions should be addressed to the user's legal, business or tax advisor(s). ARTORG_LLC Page 3 of 3 Rev. 02/28/2008 OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE I, Bernie Buescher, as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, Lone Star LLC is a Limited Liability Company formed or registered on 10/02/2008 under the law of Colorado, has complied with all applicable requirements of this office, and is in good standing with this office. This entity has been assigned entity identification number 20081525164. This :certificate reflects facts established or disclosed by documents delivered to this office on paper through 06/02/2009 that have been posted, and by documents delivered to this office electronically through 06/08/2009 @ 13:13:17. I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, authenticated, issued, delivered and communicated this official certificate at Denver, Colorado on 06/08/2009 @ 13:13:17 pursuant to and in accordance with applicable law. This certificate is assigned Confirmation Number 7385914. Secretary of State of the State of Colorado fl*****************a*aa as*a****************.4End of Certificate*w****************************s************* Notice. A certifcate_is!vedelecironirallu from the C.oforadeSccrrtary of Siam 's Web site it hilly and immediately valid and eeclne However, as an option, the Issuance and validity of a certificate obwlned ekcrronicalfy may be established by visiting the Certificate Confirmation Page of rho Secretary of S'tate's Web site htw...,laww.sos.state.ca.usbLeerirr,•rgfeSemchC'i•iteriadn entering the certificate's confirmation number digdaved on the certificate, and following the instructions displayed . Collflrmrng the imam, of n c.tr4lcate Is merely onaonaf and is not c „L yn to the valid andefective tssuanrcr of a cerlificok. For more information, suit our Web site, lugr.!irru sw.s/ate co us click Business Canter and select "FrequentfrAged Questions. " (ERT„ J$ b Renard 08!10/200e • • • • • RESPONSE TO E-MAIL COMMENTS From: Troy Swain, Weld County Department of Public Health and Environment Re: Lonestar Salt Water Injection Facility Weld County Road 34, Weld County, Colorado Responses by: Dan Hull, Sr. Project Manager, Lamp, Rynearson & Associates, Inc. CONTENT OF E-MAIL (responses in bold italics): From: Troy Swain [tswain@co.weld.co.us] Sent: Monday, July 06, 2009 9:42 AM To: Chris Gathman Cc: Lauren Light Subject: Lone Star Injection Well USR - Completeness Review... Chris: Please provide the applicant the following comments: This Department considers the application complete enough to move forward in the process. The septic permit and stormwater permit application forms are of little use to the Department at this time. The applicant should submit application for a commercial septic permit with their perc test results prior to construction. A SWMP should be developed and the stormwater permit application submitted to the CDPHE-WQCD prior to construction activities. The septic permit has been submitted to the Weld County Department of Public Health and Environment. A SWMP will be submitted prior to construction activities. It may be premature to comment on the design of the unloading pad and tank battery containment, since I dont have detailed plans but please share the following with the applicant: All produced water processing and storage tanks (all tanks except fresh water) shall be on an impervious pad and have secondary containment. The unloading pad area shall be impervious and have containment for all washdown water and ability to contain spillage from the largest tanker offloading. See typical comments below: Noted. A concrete secondary containment structure (floor and walls) surrounding each tank or battery of tanks shall be constructed. The volume retained by the structure shall be 150% greater than the volume of the largest tank inside this structure. A registered professional engineer shall design the structure. The structure shall prevent any release from the tank system from reaching land or waters outside of the containment area. The operator shall provide evidence from the engineer to the Weld County Dept. of Public Health and Environment (WCDPHE) indicating that the structure has been constructed to meet this criterion. Noted. A detailed design of the "concrete unloading pad" shall be submitted to WCDPHE for review and approval. The design shall demonstrate how all spilled waste, stormwater and wash down water will be contained within the receiving area and concrete sump. The design shall also include the method in which seams will be sealed to prevent leakage through the pad. A leak detection system shall be designed and installed beneath the "concrete unloading pad. The "concrete unloading pad" shall be constructed and operated in accordance with the approved design. Noted. • • • If you or the applicants have any questions regarding these comments, please fell free to contact me. Thanks. Troy E. Swain Environmental Health Specialist Weld County Dept. of Public Health & Environment 1555 N. 17th Avenue Greeley, CO 80631 (970) 304-6415, ext. 2219 (970) 304-6411 (fax) a wair UDc. COLORADO MEMORANDUM TO: Chris Gathman, Planning Services DATE: June 30, 2009 FROM: Don Carroll, Engineering Administrator, Public Works Clay Kimmi, P.E., C.F.M, Public Works Janet Carter, E.I., Public Works SUBJECT: 7 -Day Completeness Review for Lonestar Saltwater Disposal Facility Weld County Public Works has received the submittal application for the 7 Day Completeness Review. This phase of the planning process is a content review of the submitted materials, NOT a technical review. Comments made during this phase of the process will not be all-inclusive, and will address the critical issues of concern including but not limited to the Site Plan, Traffic Study, Preliminary Drainage Report, Geotechnical Soils Report, and Flood Hazard Development Permit. The Public Works Department will perform a detailed technical review of the project once the submittal application is deemed acceptable and is promoted to the review phase of the planning process. Weld County Road Classification Plan (FHU): (June 2002) WCR 34 is a local paved road and requires a 60 -foot right-of-way at full build out. There is presently a 60 -foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning (23-1-90), the required setback is measured from the future right-of-way line. Noted. itur most recent ADT count for WCR 34 reflects 279 vehicles taken in 2007. The 85th percentile indicates that the erage speed is 54 miles per hour with 48 % of the traffic being trucks. Noted. Weld County Strategic Roadway: (December 2002) WCR 49 is classified by the County is a Strategic Roadway, which requires a 140 -foot right-of-way at full build out. There is presently a 60 -foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning (23-1-90), the required setback is measured from the future right-of-way line. (WCRs 7, 9.5, 11, 13, 22, 24, 27, 37, 49 and 74) Noted. Our most recent ADT count for WCR 49 reflects 4,000 ± taken in 2009. The 85th percentile speed is 71 miles per hour with 35% truck traffic. Noted. Improvements Agreement: There will be two improvements agreements with this proposal. The first will be a designated haul route associated with truck traffic. The second will be an improvements agreement according to policy regarding collateral for improvements. This will be on -site improvements. Noted. Site Plan: If the facility is going to be fenced, the entrance gate needs to be recessed the length of a typical WB50 semi truck. There will be staging or parking on WCR 34 prior to entering the facility. A stop sign will be placed in the ppropriate location prior to entering on to the county road. At this time, fencing is not planned. If the owner decides to install fencing and a gate, the gate will be recessed accordingly. A stop sign will be added in the appropriate location. iraffic Study: The applicant has submitted a Traffic Study that was signed, stamped, and dated by Matthew L. Kruse, .E. # 41484. A technical review was not performed on this Traffic Study. A technical review of the study will occur when an official application is submitted. Although turn lanes are not warranted based on the proposed traffic volumes Public Works is requesting acceleration and deceleration lanes to account for: • The heavy trucks in use which require longer acceleration and deceleration times and lengths as compared to passenger vehicles • Public safety the 85th percentile is 71mph on WCR 49 and there have been 15 accidents in the past 3 yrs with 3 injuries. • Also for consistency with similar projects in the county which had the requirement of acceleration and decelerations lanes. Lamp Rynearson and Lonestar, LLC have noted your concerns/request for acceleration and deceleration lanes. It is the owner's preference to resolve the request as part the approval of the USR application during the Planning Commission and Board of County Commissioners hearings. Preliminary Drainage Report: The applicant has submitted a preliminary drainage report that was signed, stamped, and dated by Daniel Dean Hull, P.E. # 39337. A technical review was not performed on this drainage report. A technical review of the report will occur when an official application is submitted. Noted. Geotechnical Report: The applicant has submitted a Geotechnical Report for the onsite conditions which was stamped, dated, and signed by Joels C Malama, P.E. # 42184. The report does not appear to address offsite conditions for the county roads bordering the site. If upgrades are required to the county roads, it will be necessary to provide a Geotechnical Report that addresses the offsite conditions so the design of the roadway improvements can be reviewed. •'o improvements to the county roads are proposed. If roadway improvements are determined to be required as part of the USR approval, a geotechnical report for roadway improvements will be completed. Original & Email: Chris Gathman, Planning Services pc: Lonestar Saltwater Disposal Facility M:\PLANNING - DEVELOPMENT REVIEW\7-DayCompletenessReviews\2009\Lonestar Saltwater Disposal Facility 7 Day Comments-1.tloc • • RESPONSE TO COMMENTS • • Project Name: Lonestar Saltwater Injection Facility , Project Type: Use by Special Review Location: Weld County, Colorado Comments From: Weld County Public Works Pre -application Meeting Date of Meeting: November 13, 2008 Responses By: Daniel Hull, PE LRA Project No.: 0208037.00 LAMP RYNEARSON & ASSOCIATES 808 8th Street Greeley, CO 80631 970.356.6362 P 970.356.6486 F www.LRA-Inc.com W Site Plan • A site plan has been provided to show site circulation and parking. • Sufficient staging has been provided on -site to prevent staging of vehicles on the county road. • 60 -foot radii have been provided at the entrance as requested. Traffic Study • A traffic study has been provided. • Deceleration and acceleration lanes will not be provided on WCR 49 since the traffic study shows that they are not warranted. • The proposed access point addresses and eliminates sight distance concerns. Preliminary Drainage Report • A preliminary drainage report has been provided. Geotechnical Soils Report • A geotechnical report has been provided. Flood Hazard Development Permit • The site is not located in a FEMA regulated floodplain. Other • The plan is to pave the entire access drive for the proposed site. Cattle guards for vehicle tracking will not be needed. • The requirement for an Improvements Agreement has been noted. "Leaving a Legacy of Enduring Improvements to Our Communities... a PURPOSE STATEMENT ENGINEERS SURVEYORS I PLANNERS • • • • July 13, 2009 Chris Gathman, Planner III Weld County Department of Planning Services 918 10th Street Greeley, Colorado 80631 RE: Request for Use by Special Review Permit Lonestar Salt Water Injection Facility Weld County Road 34, Weld County, Colorado Project No. 0208037.00 Dear Mr. Gathman: LAMP RYNEARSON & ASSOCIATES 808 8th Street Greeley, CO 80631 970.356.6362 P 970.356.6486 F www.LRA-Inc.com W On behalf of Lonestar LLC, Lamp Rynearson and Associates, an authorized agent, has previously submitted materials and documentation for a completeness review to support approval of the Use by Special Review (USR) permit. In addition, we completed the required pre -application conference on November 13, 2008, with the planning staff. To complete the USR application, the original documents of the following items are attached: • Application Fee • Application • Affidavit and Certified List of Names of Land Owners within 500' • Agent Authorization Letter In general, the application has met the standards and conditions and is in conformance with the intent of Sections 23-2-240, 23-2-250, 23-2-260, and 23-2-270 of Chapter 23 and is consistent with Chapter 22 of the Weld County Code. In response to the Planning comments in your letter July 6, 2009, we have corrected the legal description on the application form to say Section 18. The change in use well permit application has been submitted to the Colorado Division of Water Resources. Enclosed with this submittal are our responses to the comments received from the Department of Public Works and the Department of Public Health and Environment. We request the application be placed on the Planning Commission agenda as soon as possible. We would also request the Board of County Commissioners hearing date be set and posted concurrently with the setting of the Planning Commission hearing date. Once the dates have been set, please notify us so written certification, required by Section 24-65.5-103.3, C.R.S., "Mineral Rights Notice", can be submitted before or on the date of the initial public hearing. "Leaving a Legacy of Enduring Improvements to Our Communities..." PURPOSE STATEMENT ENGINEERS I SURVEYORS I PLANNERS Request for USR Permit Lonestar Saltwater Injection Facility July 13, 2009 Page 2 of 2 If you have any questions or need additional information please contact us directly. Sincerely, LAMP RYNEARSON & ASSOCIATES, INC. Daniel Hull, PE Senior Project Manager DDH/jz enclosures cc: Jim Lee, Lonestar, LLC Don Carroll, Weld County Department of Public Works Clay Kimmi, Weld County Department of Public Works Janet Carter, Weld County Department of Public Works Troy Swain, Weld County Department of Public Health and Environment • • • • • SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW (USR) QUESTIONNAIRE LONESTAR STAR SALTWATER INJECTION FACILITY WELD COUNTY, COLORADO The following questions are to be answered and submitted as part of the USR application. If a question does not pertain to your use, please respond with "not applicable", with an explanation as to why the question is not applicable. 1. Explain, in detail, the proposed use of the property. The proposed Use by Special Review is a Class II Commercial Underground Disposal Facility within the current agricultural zone and will serve the oil and gas industry. Weld County sits on one of the largest oil and gas fields in the United States. Development of these resources continues in Weld County with no end in sight. As part of the development of these important resources, byproducts result from the drilling of oil and gas wells and the production of oil and gas. Some of these byproducts include flow back from the well completion process and saltwater produced (produced water) from the production process of the oil and gas wells. For example, the oil and gas wells in Weld County produced approximately eight million barrels of produced water in 2008. The proposed use for this site provides a service for the safe disposal of these byproducts created at off -site wells, which promotes the health, safety, and general welfare of the residents of Weld County. The site will consist of an off-loading area and a tank farm for processing the flow back and produced water before injection into deep geologic formations. The off-loading area will be accessed by one access point from Weld County Road 34. Trucks will off-load the flow back and produced water by pumping to a "flat tank", which is the starting point for the processing of the water by the tank farm. The processing system is a closed system. Once processed, the water will be injected in to the formations under pressure by means of a pumping system. The emptied trucks will leave the facility. To further support the operations of the facility, the facility will also include an office and pump house. The proposed injection well will be completed to a projected total depth of 10,300 feet. Flow back and produced water will be injected into the Amazon, Council Grove, Missouri, Fountain, and Lyons formations. Attached is the approved disposal well permit application and associated documents. 2. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 22 of the Comprehensive Plan. Section 23-2-220.A.1: The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-5-100 Oil and Gas Goals and Policies: The proposed operation meets the intent of Sections A through C as shown below: The facility promotes the reasonable and orderly exploration and development of oil and gas mineral resources by providing a location for the efficient disposal of produced water and flow back from oil and gas operations (OG. Goal 1). Lamp, Rynearson & Associates, Inc. June 15, 2009 Project No. 0208037.00 Page 1 • • • • • • The proposed facility minimizes the impact on surrounding land uses through site grading and low profile tanks; by minimizing the footprint of the facility; and by locating the facility near existing oil and gas operations (OG. Goal 2). • The proposed injection well is located within an existing drilling window and is clustered with two existing oil and gas wells (OG. Goal 2). • The proposed facility will be designed to prevent surface and groundwater contamination by providing areas for secondary containment if leakage from a tank should occur (OG. Goal 3). • The proposed injection well will be designed to protect groundwater contamination by providing many levels of protection, which include cementing the injection well to prevent commingling of groundwater with the produced water and flow back (OG. Goal 3). • The proposed facility will include a groundwater monitoring plan that will allow for constant monitoring of the groundwater to detect contamination from the proposed facility. (OG. Goal 3). 3. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 23 (Zoning) and the zone district in which it is located. Section 23-2-200 Intent and Applicability: The proposed site is zoned Agricultural and, per Weld County Code, oil and gas storage, support and service facilities are permitted when approved by the Use by Special Review process. The proposed use promotes the health, safety, and general welfare of the residents of Weld County by providing service for the safe disposal of the produced water and flow back produced by the oil and gas industry. In addition, the proposed use provides a needed service within the oil and gas industry. Section 23-2-240-A Design Standards: The following information is in response to the design standards: A. Adequate Water Service: The site will be served by an existing well. The current well is designated residential and is in the process of being converted to a commercial use. B. Adequate Sewer Service: A leach field system is proposed for the site's sewage disposal to support the occupied building only. No existing sewage disposal systems will be used for this proposed facility. C. Soil Conditions: The on -site soils are sandy in nature and do not present any limitations to the construction of the facility. A geotechnical investigation has been completed, which supports the construction of the proposed structures. D. Adequate Fire Protection: The site is currently located within the Platte Valley Fire Protection District. The owner met with Chief Barry Schaefer on June 4, 2008, to inform the district of the proposed facility and confirm that the site was within the district's service boundary. E. Stormwater Management Standards: Stormwater runoff from this proposed facility will be conveyed to a detention facility that is designed to capture the runoff from a 100 -year storm event. Once captured, the runoff will be released from the facility at a 5 -year historic rate. Water Quality Capture Volume (WQCV) will be provided prior to the release of the 5 -year historic rate. The WQCV will be released through exfiltration. Lamp, Rynearson & Associates, Inc. June 15, 2009 Project No. 0208037.00 Page 2 • • • • • F. Parking: Adequate parking for employees will be provided on -site. The unloading area and drive to the unloading area will provide adequate capacity for unloading and stacking of trucks. Staging and parking in the public right-of-way will not occur. G. Setbacks and Offsets: The proposed facility complies with the setback and offset requirements as defined by the requirements for Agricultural Zoning. H. Access: The access point has been designed to accommodate large trucks entering the facility. The access point's location supports ingress and egress, while providing visibility to the traveling public approaching from the west and east. Since the use does not generate a large volume of traffic or a large number of slow accelerating vehicles, acceleration and deceleration lanes will not be needed as supported by the attached traffic study. I. Access Construction: Since the site is located at the high point of the county road, a culvert will not be required. The access is 35 -feet wide, which exceeds the minimum 15 - foot requirement. The grade of the access is 2 to 3 percent, which is within the maximum of 15 percent. The flare radii of the access are 60 feet, which exceeds the minimum requirement of 20 feet. It is planned to pave the access and drives with asphalt. The depth of surfacing within the right-of-way will meet or exceed the minimum of 4 inches. J. Buffering and Screening: Proposed landscaping for the site is expected to be minimal to match the surrounding area and will consist of native dry land grasses. In addition, the site will be graded to minimize the height of the facility. Low profile tanks will be used to mitigate the profile of the facility as viewed by the surrounding properties. K. Agricultural Soils: Traditionally the property has not been farmed. The predominate soils on the site, as defined by the Soil Conservation Service, is Valent Sand. In general, Valent Sand soil is not considered prime farmland. Section 23-2-250 Operation Standards: The following information is in response to the design standards: A. Noise: The operations of the facility will comply with the noise standards in Section 25- 12-101 of the Weld County Code. B. Air Quality: The operation of the facility will comply with the air quality regulations promulgated by the Colorado Air Quality Control Commission by completing an analysis and providing supporting documentation as part of the Air Pollutant Emission Notice (APEN). The documentation will include emission estimates for the facility. C. Water Quality: The operations will comply with the water quality regulations promulgated by the Colorado Water Quality Control Act by obtaining a stormwater discharge permit associated with construction activities 10 -days before construction activities begin. As part of the permit, Appendix A, as defined by the Colorado Water Quality Control Division, will be completed outlining the best management practices for mitigating the stormwater discharge before releasing the stormwater from the site. Long term stormwater quality will be obtained by providing a WQCV within the proposed detention pond. D. Lighting Standards: Lighting for the facility will be shielded so that adjacent property owners and operators of motor vehicles in the county right-of-way will not be subjected to light rays from the site. A photometric plan will be provided to show that the proposed lighting system of the facility meets the intent of the lighting standards. Lamp, Rynearson & Associates, Inc. Page 3 June 15, 2009 Project No. 0208037.00 • • • • • E. Heat: There are no large heat sources from the normal operations of the facility. Heat from the operation of the pumps, truck off-loading, and office is not expected to raise the air temperature more than 5 degrees Fahrenheit beyond the property line. F. Landscape Maintenance: Maintenance of the natural grasses will be completed as needed to prevent growth taller than 12 -inches. A noxious weed management plan has been provided on the landscape plan. G. Improvements Agreement: The owner is prepared to enter into an on -site improvements agreement upon approval of the USR. Since there are no public improvements proposed as part of the facility, an off -site improvements agreement will not be needed. 4. What type of uses surround the site (explain how the proposed use is consistent and compatible with surrounding land uses). • 560 -acre parcel to the north is zoned agricultural. Currently the parcel is an open field. • 9 -acre parcel to the north is zoned agricultural. Currently the parcel is used as a residential property. The principal residence is located approximately 1,200 feet from the facility. • 158 -acre parcel to the east is zoned agricultural. Currently the parcel is used as a feed lot. • 43 -acre parcel to the south is zoned agricultural. Currently the parcel is used as a residential property. The principal residence is located approximately 2,500 feet from the facility. • 35 -acre parcel to the west is zoned agricultural. Currently the parcel is used as a residential property. The principal residence is located approximately 2,900 feet from the facility. • 11 -acre parcel to the northwest is zoned agricultural. Currently the parcel is used as a residential property. The principal residence is located approximately 3,100 feet from the facility. Since the use is permitted within agricultural zoning, consistency exists with the surrounding uses since those uses are within agricultural zoning. The feed lot to the east is compatible to the intensity of the proposed use. The proposed use is compatible with the surrounding residential parcels since a significant distance will exist from between the residences and the facility. 5. Describe, in detail, the following: a. Number of people who will use this site Primarily the site will be accessed by trucks only. It is anticipated that trucks will access the site 60 times per day. b. Number of employees proposed to be employed at this site Number of employees proposed to be employed at this site is expected to be four to six. It is expected that there will be two employees per shift. Lamp, Rynearson & Associates, Inc. June 15, 2009 Project No. 0208037.00 Page 4 • • • • • c. Hours of operation The hours of operation of the facility are 24 hours a day 365 days a year. Off-loading of trucks will typically be completed from 7 a.m. — 7 p.m. seven days a week; however oil and gas well drilling operations are completed 24 hours a day, so in some isolated instances it may be necessary to complete off-loading of flow back outside of designated off-loading hours. During non -off-loading hours, the facility will complete processing and injection operations to prepare for the next off-loading cycle. d. Type and number of structures to be erected (built) on this site Site will contain one occupied building, a pump house, a tank farm for processing, an off- loading area, and an injection well. e. Type and number of animals, if any, to be on this site No animals are expected on this site. f. Kind of vehicles (type, size, weight) that will access this site and how often The kind of vehicles (type, size, weight) that will access this site will be WB50 semi - trucks with storage containers weighing approximately 38 tons, loaded. These trucks are expected to access the site approximately 60 times per day. Bobtail trucks carrying water weighing roughly 28 tons will also access the site. The anticipated truck traffic will be a mix of the two models. g. Who will provide fire protection to the site The site is currently located within Platte Valley Fire Protection District. The owner met with Chief Barry Schaefer on June 4, 2008 to inform the District of the proposed facility and confirm the site was within the district's service boundary. h. Water source on the property (both domestic and irrigation) The site will be served by an existing well. The current well is designated residential and is in the process of being converted to a commercial use. i. Sewage disposal system on the property (existing and proposed) A leach field system is proposed for the site's sewage disposal to support the occupied building only. No existing sewage disposal systems will be used for this proposed facility. j. If storage or warehousing is proposed, what type of items will be stored No warehousing is proposed; however, storage of flow back and produced water will be contained in the tank farm prior to injection. 6. Explain the proposed landscaping for the site. The landscaping shall be separately submitted as a landscape plan map as part of the application submittal. Proposed landscaping for the site is expected to be minimal to match the surrounding area and will consist of native dry land grasses. In addition, the site has been graded to minimize the height of the facility as viewed by the surrounding properties. See attached landscape plan for more detail. Lamp, Rynearson & Associates, Inc. June 15, 2009 Project No. 0208037.00 Page 5 • • • • • 7. Explain any proposed reclamation procedures when termination of the Use by Special Review activity occurs. Termination of the Use by Special Review activity is not expected. However, reclamation of the site will be completed per the Colorado Oil and Gas Conservation Commission (COGCC) rules and regulations, Rule 1000, for reclamation. Attached are the COGCC rules for reference. In addition, financial assurance has been posted with the COGCC for $50,000 to guarantee final reclamation of the site is completed. 8. Explain how the stormwater drainage will be handled on the site. Stormwater runoff from this proposed facility will be conveyed to a detention facility that is designed to capture the runoff from a 100 -year storm event. Once captured, the runoff will be released from the facility at a 5 -year historic rate. WQCV will be provided prior to the release of the 5 -year historic rate. The WQCV will be released through exfiltration. A preliminary drainage report has been submitted with this USR application for review and approval. 9. Explain how long it will take to construct this site and when construction and landscaping is scheduled to begin. Once the well is drilled, construction of the site is expected to take approximately six months. Construction is scheduled to begin in the 4`" quarter of 2009 and landscaping will be installed once construction is complete. 10. Explain where storage and/or stockpile of wastes will occur on this site. Storage and stockpiling of wastes is not expected on -site. The flow back and produced water received will be stored within the tank farm prior to injection. Solid waste generated by the site will be collected and disposed of by a contracted waste disposal company. Disposal will follow the rules and regulations as defined by the State of Colorado Department of Public Health and Environment. Lamp, Rynearson & Associates, Inc. June 15, 2009 Project No. 0208037.00 Page 6 • • • • • OF' E -6L ;'s.4 A.-` 'A\ (cts4.1 O) • *I X1876/ - MEMORANDUM DEPARTMENT OF NATURAL RESOURCES DIVISION OF WATER RESOURCES May 8, 2009 TO: _ Stuart Ellsworth Oil & Gas Conservation Commission 1120 Lincoln Street, Suite 810 Denver. Colorado 80203 FROM: Michael Schaubs Bill Ritter. jr. Governor Harris 0. Sherman Executive Director Dick Wolfe. P.E. Director SUBJECT: Water Injection Project. Unknown Field, Weld County Your memo of May 7, 2009, describes a proposal to inject water into the Lyon/Amazon/Council Grove, Fountain and Missouri Formations in discrete intervals between 9,000 feet to 10,150 feet in the LSWD#1 Well, located in the NE'/., NW 1/4, Section 18, Twp. 3 North, Rng. 64 West. Surface casing was installed in this well to a depth of 800 feet, and the production casing was set to a depth of 10,300 feet. The principal source of fresh ground water in the immediate area is the Laramie -Fox Hills aquifer. The Pierre Shale occupies the interval between the base of the Laramie -Fox Hills Aquifer down to the top of the Niobrara at approximately 6.600 feet below ground surface . The Dakota Group Sandstones lies approximately in the interval of 7.500 feet to 7,900 feet below the ground surface. The Dakota is a freshwater source, but not in this area. The nearest Dakota wells will be located along the front range approximately 30 miles to the east where the Dakota is warped up to the surface. The Fountain sandstones are also used occasionally as a water source along the front range, but again, not within approximately 30 miles of this location. There are 19 water wells of record within 1/2 mile of the project site. A table is attached which summarizes these wells. Most of these wells are diverting water from Laramie -Fox Hills aquifer, three wells cannot be determined or are diverting water from the Laramie Formation. The total depth of these wells ranges from 99 to 400 feet. A map has been attached showing the location of wells within 1/2 mile of the subject quarter/quarter section. The Neres Canal is present about''/] mile to the west of the subject quarter/quarter section. while Box Elder "Creek" is located about 1 '/2 miles to the east. Based on the information you provided, it does not appear that there is any potential for injury to known or potential sources of fresh water in the area from a properly constructed injection well. If you have any questions or require additional information, please feel free to contact me. Office of the State Engineer l3 I 3 Sherman Street. Suite 818 • Denver, CO S0203 • Phone: 303-866-3381 • Fax: 303-866-3589 t, vw.water.state.co.us MAP NAVIGATION TOT wi lol O O) CD O � COC9= U•W Cr) ,td _ En ,t u; E. n v - l-: ma UZ m o o M a o c mac. �' N O O V O (0 N oNNaNa c (1220 wro I `- U D D J J 7 0 LL. r- i a' ✓1 C C O 0, 0 F 6i a ca 2 CZ O in — d a 0- Z 7,3 14 0 0 a to n ► N G& " / CO 4 2 N ► ► z n Quick Zoom PLSS Locator u 000' M- • N I- ]YAFY'.O.r 47... C. 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Oil and Gas Conservation Commission II24 Lama Street Sala MI, Owes Cotoko 8024) Prone (3(01194-2100 Fu nniu4tlo9 • APPLICATION FOR PERMIT TO. 1 mDM, n Deepen, In Reenber, n Reoccupies and Operate 2 TYPE OF WELL OIL❑ GAS COALBEDD OTHER Disposal SINGLE ZONE I MULTIPLE ZONESI✓ j COMMNGLE ZONES Rrhlnq I I Sdebnl unit VCIVQ�LJ' a Pfl- M�AA�R��2�4 , 4, vvM '� 3 5 Address P O Box 26 Names Operator Lone Slar LLC Ciry Ai'rewe 6 Canted Nene James Annable 7 WNI Name LSWD $ 9 Propmed Total Measured Depth 10 oboe NENW /sea 18 babble 40 23112 N 4 COGCC Operator Number 10295 Stela TX Zip 79714 Phone (303) 905-#340 Fax Wel Hunter 41 Unit Number Unit Nene (N app/) 4adO0'-fadasa p..a 'LA 411114,1 WELL LOCATION INFORMATION Tep 3N Rog 64W 6th PM Footage At Surface Name hula 11 Feld NWattenberq 12 Gramdeeeaton 4805' u GPS Data Dated Measurement 2/4/09 C POOP Rasing 16 Nseument Operator's Name Delia, Nielsen can wngumda 104 59490 W 13 Canty Weld 'Mn Fated Number 90750 Compels be AMd,renl Creeds APO Ong & I Copy Farm 2A Wee tauten plat Tope map Murat base map Surface egnn5era 30 Dry nobs letter Deviated Dating Plan Exceptan Locator Request Exmpbon Inc Waxers H25 Contingency Plan Federal Ming Permit OP ✓ =CC i 15 Nwege fareeonal ❑ Haroonts richly deviated), submit deviated ending plan Bpttmhde Sec Tap RAg _ Footage At Top Prod Zone I n I I fAt BORdn Hole I I ❑ _ FehAL I 16 to /ocean m a hgh denary area (Rae 503b1' [Yes FT No 17 Cahn tote neamstb bar , public road, abbe grog may araioad 312 (PL) is Desna to Nearest Property Une 150' // 19 Nance to nearest well pemucedkarplebd vibe sane knrebon > 1 mile 20 OheMna Formats(s) Amazon Counci Grove MISEOW Fountain Fermata) Code AMZN COUGR MSSR FNTN Leith 21 Waal ✓ Fee =State 22 Suface Owlnahp ✓ Fee I Slate 23 Is the Surface Owner also Me Waal Owner'? 0.64.0 LEASE, SPACING AND POOLING INFORMATION Spacing Order Number (s) N/A N/A N/A N/A as. Federal linden Lease Federal Mdwn es 1 ✓ rery UM Acreage Asaq ned to Well N/A N/A N/A N/A eem No Surface Su CM 23a 1123 a Yes as the Surface Owner(s) agnattec Me lease, IYes =Nn 235 523 a No IZISWece Camera Agreement Mashed or L 525,000 Blanket Surface Bond n$2,000 Sulam Bond n15,000 Sulfas Bond 24 Using standard Oh0b, Set Trip. Rig fennel enter ease mineral lase deception upon each the proposed welbt, is Coaled (atlas separatesheeullap d you prefer) W2 Sec 18, T3N, RB4W 25 Distance to Nearest Mnerd Luse Lee 304' / 26 Total Acres n Leese 320 Unit Consgurebon (N¢, SEl4, etc) N/A N/A N/A N/A PROCEDURES 27 IS HIS &leasaad, 2$ via sat sectors 29 W8 sal (>15,000 30 demeans Zia 31 Md disposalOflab Method NOTE The used IN Yea lim No IfYes, attach ca) plan / No are 'Yes' a pa penult may be required be eranntered ppm 105 28 are land an eMMn piror Sung on oral — , sWlrabOn Farnwg Resmpaeon duM92 based mks be used in aseaye -Yes dump ONuge area(Rule 903)1 Yes ✓ No Yea No N2#2g or 30 nGene / - IIII land Spreading MI Deposal Feobry IMI 01w lads requires a pt peal (Rule 905b) If edges ddling, a IaSlmo5oa* Semg Size el Hde Sue &Casing Weight Per Foot Sang Dept Sacks CenaM Cement Bdbxn Cement Ts Surface 12114" 8 5/8" 24# 800' 550sx 800 Surface Praducbon 7718" 51/2 17# M2,990'WMin 350sx 4979e6•Ia1ea9100' Stage Tool 7100' 1000sx 7100' Surface Cnndttrtn N/A N/A fliSLINISINIINISI M Annular Prewnter will not be u-+• Stage Tai 32 BOP Equipment 33 Cwmiwbs Type Conductor 1I Dos• - Ranh oosal Ram None owner casino '•a -r• we Operator is also the surface 34 Mai Rule 200 Conaulabon has been waned or PERMIT SUBM i I hereby caNfy Ue a to the best of my knoll Spned l tooth pace on o.. -) rater edttt did • result, C PRIOR •- to permit package has tr/�/.porect, and complete rL/ waived was waved, or a not required PmMe supporting Eocumentaion if consultation RULE 306 CONSULTATION SHALL BE RETURNED UNAPPROVED applicable Local Government Desgnee(s), and all statements made in this form am, Pnne Name James Annable ... suitatun Pa rsarc WITH been sent to the Tulle S Re ul ry Consultant Dale 3/20/09 E/ pm annebbs@wce mat net Based on the mronnaben prow {rerem. Appb for PP�• 1rrmn4o-Dnll complies wain COGCC Rules and applicable orders and a heerebyyaapprro /7i( a/ fiQe G v COGCC Approved API NUMBER G5-123- 3c36Q--W Permit Number-H914°2'2Df Expiration Date CONDITIONS OF APPROVAL, IF ANY ode (7(.a) rw �a tit kt 1) Provide 24 hr notice of spud to Ed Bmkley at 970-506-9834 or e-mail at ed binkley@state co us 2) Set surface casing 800' minimum, per Rule 317d, cement to surface Setting surface casing less than the approved depth is a permit violation unless pnor wntten approval is obtained from the COGCC 3) If completed, provide cement coverage from TD to a minimum of 200' above Niobrara and from 200' below to 200' above Sussex Verify coverage with cement bond log 4 ) Approval of this form does not authorize injection Authorization to inject requires approval of Form 31 and Form 33. Form " API) Policy Rev 1/09 • tResetForm Attachment A State of Colorado Oil and Gas Conservation Commission 1120 Lincoln Street, Sub 801. Denver, Colorado 80203 Phone (303)894-2100 Fax (303)894.2109 ECEIVED MAR 2 4 2009 Certification of Compliance with Interim Policy for APDs _ COGCC This form needs to be completed and attached to each Application for Permit to Drill submitted to the Colorado Oil and Gas Conservation Commission in the interim period between January 5, 2009 and the effective date of the new rules, May 1, 2009 for federal lands and April 1, 2009 for all other lands Name of Operator Well Name Lone Star LLC LSWD #1 w OtrQtr Sec 18 T NENWp Footage From Exterior Section Lines • County 3N Rng haw Mendian 6th 510 FNL & 2150 FWL Weld The above location falls within (1) drinking water protection area (2) restricted surface occupancy area (3) sensitive wildlife habitat area (4) riparian areas C Yes l No rYes r,No r Yes Ix, No F Yes fx No I hereby certify that the st- ements made in this form are, to the best of my knowledge, true, correct, and complete Signed Print Name Title • Date Jamnnable Sr Regulatory Consultant 3/20/09 • • SBSOUT1.TXT LOCATION. NE1/4 OF NW1/4 OF SEC. 18, T.3N., R.64W. (510 NSL, 2150 WSL) Ground Elevation. 4805 AQUIFER Number of Acres: 80 ELEVATION DEPTH TO ANNUAL NET AP PROP STATUS BOT. TOP SAND BOT. TOP A -F UPPER DAWSON LOWER DAWSON DENVER UPPER ARAPAHOE LOWER ARAPAHOE ---- ---- LARAMIE-FOX HILLS 4275 4615 174 1 note: E indicates location is at aquifer may be more approximate. • S., eneg ,L,1.. <-1 SURFACE CASING CHECK Well Name /New Drill 0 Refilmg 0 Deepen 0 Re -Enter D Recomplete and Operate 0 Plug and Abandon 0 Casing Repair SB5 Base of Fox Hills SD — Sea, O Cheyenne Basin Map Base of Fox Hills Base of Fox Hills per 0 this well's or [offset well's induction log sir° * r- G 00 Fox Hills Protection Area 5% Rule /030 o E CID = 5i Deepest Water Well w/in One Mile ( /80 s -9erao-fr 53 D a- S o ' = 6 05 Operator -Pro posed or Existing Surface Casmg Depth goo i"OK at o o l,Slfri1 - 190 20.89 NT boundary and values ❑ increase Permit Surface Casing Depth from D Provide Remedial Cement from 0 Provide Remedial Cement from to Page L to 50' above casing shoe to COGCC Selected Items Selected Items Report COGCC Results Page 1 of Oil and Gas Wells Selected Filter Results by Formation Include WELL DESCRIPTION LOCATION Facilities Selected Filter WELL INFORMATION FACILITY DESCRIPTION LOCATION Type Water Wells Selected From Map PIT INFORMATION Unlined 'Status Filter Results by Depth Greater than 380 Filter WELL DESCRIPTION Receipt=0254606, Permit=0140468- GILLILAND MYRON & ULLA Receipt=0477702, Permit=0234861-- BANKS KATHRYN BRIGHT ihipcerpt=0375585, Permit=0183471— ARTIN JIMMI JO Receipt=0524102,Permit=0129657-A HYETT CAROL • LOCATION NESE 12 3 N -65W SESE 12 3 N -65W NESE 13 3 N•65W SESE 13 3 N -65W Depth.' 384 400 580 405 WELL INFORMATION Top Perf 240 260 220 270 Bottom Perf 380 400 580 405 'Aquifer KLF GW KLF KLF http //sterlmg/mfosys/Maps/cf/cogccSelectSummary.cfm9ogw &ogp=&ww='0046005','0254606','0342427' 04/22/200 Well name and number. LS c✓/ d / Survey Plat Check list [umber Item frumber x 11' scaled drawing of the entire section / 1 Dimensions on adjacent extenor section lines sufficient to completely descnbe the quarter section containing the proposed well shall be indicated 1a If dimensions are not field measured, state how the dimensions were determined / 2 The latitude and longitude of the proposed well location shall be provided on the drawing with a minimum of five (5) decimal places of accuracy and precision using the North Amencan Datum (NAD) of 1983 (e g.; latitude 3712345 N, longitude 104.45832 W). If GPS technology Is utilized to determine the latitude and longitude, all GPS data shall meet the requirements set forth In Rule 215 a. through h y 2a PDOP value <7 if GPS used 2b 5 decimal places of accuracy & precision / 2c NAD 1983 7 3 For directional drilling into an adjacent section, that section shall also be shown on the location plat and dimensions on extenor section lines sufficient to completely describe the quarter section containing the proposed productive Interval and bottom hole location shall be indicated. (Additional requirements related to directional drilllrhgare found in Rule 321.) rk 4 For irregular, partial or truncated sections, dimensions will be furnished to completely descnbe the entire section containing the proposed well. , IA pp 5 The field -measured distances from the nearer north/south and nearer east/west section lines shall be measured at ninety (90) degrees from said section lines to the well location and referenced on the plat. For unsurveyed land grants and other areas where an official public land survey system does not exist, the well locations shall be spotted as footages on a protracted section plat using Global Positioning System (GPS) technology and reported as latitude and longitude In accordance with Rule 215. 6 A map legend 7- 7 A North Arrow 8 A scale expressed as an equivalent (e g. 1' = 1000'). / A bar scale. 10 The ground elevation / 11 The basis of the elevation (how it was calculated or its source) / 12 The basis of beanng or interior angles used. 13 Complete description of monuments and/or collateral evidence found; all aliquot corners used shall be described 14 The legal land description by section, township, range, principal meridian, baseline and county 15 Operator name / 1-16 Well name and number / 17 Date of completion of scaled drawing 7 18 All visible improvements within two hundred (200) feet of a wellhead (or, in a high density area within four hundred (400) feet of a wellhead) shall be physically tied in and plotted on the well location plat or on an addendum, with a horizontal distance and approximate beanng from the well location. V 18a Visible improvements shall Include, but not be limited to, all buildings, publicly maintained roads and trails, major above ground utility lines, railroads, pipelines, mines, oliwells, gas wells, injection wells, water wells, visible plugged wells, sewers with manholes, standing bodies of water, and natural channels including permanent canals and ditches through which water flows. 18b If there are no visible improvements within two hundred (200) feet of a wellhead (or in a high density area within four hundred (400) feet of a wellhead), rt shall be so noted on the Permit -to- Dnll, Form 2 19 Surface use shall be descnbed within the two hundred (200) foot radius of a wellhead (or in a high density area within the four hundred (400) foot radius of a wellhead) The survey plat you submitted with your permit was found to be In compliance with COGCC rule 303e. See above checklist If a survey plat Is not in compliance with rule 303c the operator will be notified and the permit will be placed on hold until an adequate replacement is supplied to the COGCC. revised 11/2005 - applies to all survey plats surveyed on or after 12/1/2005 • C2A 1 State of Colorado Reim, Oil and Gas Conservation Commission 1120 Lincoln Street, Suite 801, Denver, Colorado 80203 (3031 894 2100 Fax (30318942109 DRILL SITE/ACCESS ROAD RECLAMATION FORM • rs) This form shall be submitted in duplicate with the application for permit-to-dnA (OGCC Form • ) unless a Federal 13 -point surface plan is mduded Also required are a minimum of two photographs (site and access road) Soil and plant community information is from United States Natural Resources Conservation Services (USNRCS) 13EasillEtr MAR 2 4 2009 COGCC 1. OGCC Operator Number 69175 2 Name of Operator Lone Star LLC 3 Address P.O. Box 26 City Andrews 5 Well Name and No State TX pa 79714 LSWD 01 4 Contact Name and Telephone Jean Amiable No (303) 905-4340 Fax IIIIIII IIIIIIIUI IIII 01882848 Complete the Attachment Checklist 0 ramp. COrtitle 04 Oceiretalion tact 7 London (QtrOtr Sac, Twp, Rng, Mendan) tralrei - 6 County weld 1e - 3M 64W 6th PM Pre -Drilling Information Current Land Use 8 Crop Land. 0/Irrigated O Dry Land ❑ Improved Pasture ❑ Hay Meadow O CRP 9 Non -Crop Land [.Rangeland ❑Taber O Recreational O Other (describe) 10 Subdivided. O Industrial O Commercial O Residential Attach color photographs of drill site and access road, Identify each photo by date, well name and location Soils 11 Sod map units from USNRCS survey Sheet No NRC! Site Sod Complehusedes No 70 Sods Series Name Valent Sand 3-9% Slopes / Honzon thickness On Inches) A 0's� B Sods Series Name Horizon thldmess On inches) A B C D e-611• Plant Community Complete this section only if operations are to be conducted upon na�m} land 12 Plant species from O USNRCS or Q Field Observason Date at observation 2/4/0 9 List indmdual species 13 Check one predadnant plan community for the drill ale ❑ Disturbed Grassland (Cactus, Yucca, Cheatgrass, Rye, Thistle) © Grassland (Bbiestem, Grams, Wheatgrass, Bufalograss, Fescue, Oatgrass, Brame) ❑ Shrub and Brush Land (Mahogany, Oak Sage, Serviceberry, Chokedleny) ❑ Plains Deciduous Riparian (Cottonwood, Willow, Aspen, Maple, Poplar. Russian Olive, Tamarisk) ❑ Mountain Conifer Riparian (Spruce. Fir, Ponderosa Pine) ❑ Evergreen Forest Land (Spruce, Fir, Ponderosa Pine. Lodgepole Pine, Juniper, Pinyon) ❑ Aquatic (Bullrush, Sedges, Cattail, Arrowhead) ❑ Tundra (Alamo, Willow, Currant, Raspberry) ❑ other (descrbe) 14 Was an Army Corps of Engneers Sicken 404 Permit filed? O Yes © No If yes, attach appropriate documentation Cammente I hereby certify that I, or persons under my direct supervision, have inspected the proposed drill site and access road, that I am familiar with the conditions which prese . ' exist, that the statements made in this form are, to the best of my knowledge, true, correct. and complete Print Name Signed J- es t able The Sr. Regulatory Consultant Date 3/20/09 t • • • Lone Star LLC PO Box26 Andrews, TX 79714 March 20, 2009 Alex Fisher Colorado Oil & Gas Conservation Commission 1120 Lincoln St Suite 801 Denver, CO 80203 Re- Lone Star LLC LSWD #1 NENW Sec. 18 T3N R64W Weld County, Colorado Dear Mr Fisher: .© RECEIVED MAR 2 4 2009 COGCC Please accept this letter as our verification of the surface ownership of the parcel on which the referenced well is to be located. Please be advised that Lone Star LLC and its subsidiaries are the owners of record on this parcel of land Please let us know if you require additional information Thanks so much for your consideration of this matter If you have any questions, please contact me at (303) 9054340 Thank you, Ja.met E. A n.naUie, James E Amiable Senior Regulatory Consultant • r• • • • Identify Results Account#: R4968686 Owners Name & Address LONE STAR LLC P 0 BOX 26 ANDREWS, TX 79714 Business/Complex: Parcel Valuati S :et 15' C : WELD I agal Description Page 1 of 1 ECEIVED MAR 2 4 2009 Parcels: 121518000018 OGCC 8774-A N2N2NW4 18 364 (2 50R 2 SOS) SSTUS 1.988 49 CR WELD 80645 Land Value $835 Imo?, Valle 1106.749 Total Value $107,084 Land Impr Total sessed Value essed Value ssenced Vahip $240 $23.620 $23,860 Tax Area: Bordering County: Township) Ra ge Section Quart. Sec Subdivison Name Block* Lot# 03-64-18-0 Land Subtotal: Sale Price $230,000 Acres.35 sale Date 7/31/2008 peed Type SWD Reception # 3577432 http://maps2.merrick com/Website/Weld/setSgl.asp9cmd=QU :RY&DET=Parcel&pin=l2.. 3/19/2009 111,111 1111,1110 I ff III _ 01813 • • • RECEIVED MAR 2 4 2009 COGCC NOTICE REQUIREMENTS (RULE 303) Re: Well Name LSWD #1 Notice Sent 3/20109 In accordance with the Colorado Oil and Gas Conservation Commission for Notices of Oil and Gas Operations, Rule 303, the following information is required to be provided: LSWD #1 • Operations on the 5/20/09 Derr a The operator will be : Well Name are estimated to commence on Lone Star LLC Operator P O Box 26 Mdras Andrews, TX 79714 (303) 905-4340 You may contact James Amiable at (303) 9054340 •aepmicnuave Phme Number If you have any questions regarding this notice. The legal descnption of the lands upon which operations will be conducted an: NE yi NW v. sec. 18 T 3N N/S R 64W w/E Weld County, Colorado. County By signing below, the surface owner waives the above notification requirements of Rule 303. LOCAL GOVERNMENT DESIGNEE Date • • • LSWD #1 See yieible Improvements Eddbit for all visible Improvements within 400' of wellhead All distances to section lines are measured perpendicular to said section lines Ground devotion shown Is approximate is observed GPS an elevation (NAVD 1988 DATUM) Bearings shown are Grid Bearings of the Colorado State Plans Coordinate System. North Zone, North American Datum 1983/2001 / The lineal dimensions as contained herein are based upon the 'V S Survey Foot' IIIIII IIII 064R. LOCATION WELL LOCATION' NWY4 SEC 18, T 3N , R.64W NaRTNl4EST CORNER SEC 18, T 3N , R.64W FOUND 5e REBAR WITH 3 25' ALUM CAP L5 10855 S89'08'54"W 245395 SURFACE USE -PASTURE LATITUDE -40 23112'N / LONGITUDE -104 59490'W ELEVATION = 4805' PDOP READING -1 6 1 tH___ S88'56'24"W 12455 92' WEST QUARTER SEC 18, T 3N , R 64W FOUND 56 REBAR WITH 3 25' ALUM CAP LS 10855 SOUTHWEST CORNER SEC 16, T3N, R64W FOUND t6 REBAR WITH 2.5' ALUM CAP LS 28656 S88'59'29"W 2462 03 Z9 069Z 3,44,9Z.OOS NORINEAST CORNER SEC. 18, T.3N , R 64W FOUND 46 REBAR MTH 2 5' ALUM CAP LS 24670 588'42'05"W 2633 20' NORTH QUARTER SEC 18, T3N, R84W FOUND /8 REBAR WITH 2 5' ALUM CAP LS 77871 EAST QUARTER SEC 18, T3N, R64W FOUND 46 REBAR WITH 3 25' ALUM CAP L510855 S88'56'24"W 2634.43' CENTER QUARTER SEC 18. 131, R64W SOUTHEAST CORNER SEC 18, T3N, R.84W FOUND 46 REBAR WITH 2 5' ALUM CAP L528656 SOUTH QUARTER SEC 18, T3N, R64W FOUND 56 REBAR WITH 3 25' ALUM. GAP (.510855 S88'56 13 47' King Surveyors Inc of Windsor, Colorado has in accordance with a request from Jim Annable for 11+M Energy. Inc. determined the surface location of LSWD #1 to be 510' from the North line and 2150' from the West line of Section 18 Township 3 North Range 64 West of the Sixth Principal Mendian, •,.,�� Weld, Stote of Colorado Michael Chad Oil Licensed Land S State of Colorado /6/240 yors, Inc. 1000 500 0 ,LS LS9Z 3,0£,9Z.OOS 9'LS9Z 3,£9,ZZ.00s 1000 111= 1000' KING SURVEYORS, INC. 650 E Garden Drive Windsor, Colorado 80550 phone. (970) 686-5011 j fax (970) 686-5821 www kietgsurveyors corn PROJECT NO: 2008433 DATE: 2-5-09 CLIENT: J+M ENERGY DWG: 2008433WELL.dwg FIELD OPERATOR: DALLAS NIELSEN DATE OF WORK: 2-4-09 LSWD #1 IMPROVEMENTS itS) LOCATION NWY4 SEC 18, T 3N , R 64W, 400' IMPROVEMENT RADIUS .00 PROPOSED SHIANNE D 18-29D 160' NORTHWEST / FIELL ROAD 227' N(RTHWEST Il PROPERTY LINE 150' SOUTH RECEIVED MAR 2 4 2009 COGCC COUNTY ROAD 3.4: FIELD ROAD 99' NORTHWEST PROPERTY UNE 304' EAST ` \ IS7YL /1 MICK 018-3 I FENCE 144' 207' NORTHWEST � SOUTH a i - 200 100 i 0 200 VI= 200' / KING SURVEYORS, INC. 650 E Garden Drive I Windsor, Colorado 80550 phone (970) 686-5011 I fax (970) 686-5821 wWw kingsurveyors corn l FENCE 311' EAST OVERHEAD UTILITY i 312' EAST NW COR, SHED 312' EAST 4 PROJECT NO: 2008433 DATE: 2-5-09 CLIENT: J+M ENERGY DWG: 2008433WELL dwg FIELD OPERATOR: DALLAS NIELSEN DATE OF WORK: 2-4-09 • LSWD #1 IIIIIIIIIIIIIIIII 01689649 LOCATION VIC INITY Il NWYa SEC 18, T.3N., R.64W, ICING SURVEYORS, INC. 650 E Garden Drive I Windsor, Colorado 80550 phone (970) 686-5011 I fax (970) 686-5821 www.kngsurveyors corn PROJECT NO: 2008433 DATE: 2-5-09 CLIENT: J+M ENERGY DWG: 2008433WELL dwg FIELD OPERATOR: DALLAS NIELSEN DATE OF WORK: 2-4-09 • • • • • RECLAMATION REGULATIONS 1001. INTRODUCTION a. General. The rules and regulations of this series establish the proper reclamation of the land and soil affected by oil and gas operations and ensure the protection of the topsoil of said land during such operations. The surface of the land shall be restored as nearly as practicable to its condition at the commencement of drilling operations. b. Additional requirements. Notwithstanding the provisions of the 1000 Series rules, when the Director has reasonable cause to believe that a proposed oil and gas operation could result in a significant adverse environmental impact on any air, water, soil, or biological resource, the Director shall conduct an onsite inspection and may request an emergency meeting of the Commission to address the issue. c. Surface owner waiver of 1000 -Series Rules. The Commission shall not require compliance with Rules 1002. (except Rules 1002.e.(1), 1002.e.(4), and 1002.f, for which compliance will continue to be required), Rule 1003, or Rule 1004 (except Rules 1004.c.(4) and 1004.c.(5), for which compliance will continue to be required), if the operator can demonstrate to the Director's or the Commission's satisfaction both that compliance with such rules is not necessary to protect the public health, safety and welfare, including prevention of significant adverse environmental impacts, and that the operator has entered into an agreement with the surface owner regarding topsoil protection and reclamation of the land. Absent bad faith conduct by the operator, penalties may only be imposed for non-compliance with a Commission order issued after a determination that, notwithstanding such agreement, compliance is necessary to protect public health, safety and welfare. Prior to final reclamation approval as to a specific well, the operator shall either comply with the rules or obtain a variance under Rule 502.b. This rule shall not have the effect of relieving an operator from compliance with the 900 Series Rules. 1002. SITE PREPARATION AND STABILIZATION a. Effective June 1, 1996: (1) Fencing of drill sites and access roads on crop lands. During drilling operations on crop lands, when requested by the surface owner, the operator shall delineate each drillsite and access road on crop lands constructed after such date by berms, single strand fence, or other equivalent method in order to discourage unnecessary surface disturbances. (2) Fencing of reserve pit when livestock is present. During drilling operations where livestock is in the immediate area and is not fenced out by existing fences, the operator, at the request of the surface owner, will install a fence around the reserve pit. (3) Fencing of well sites. Subsequent to drilling operations, where livestock is in the immediate area and is not fenced out by existing fences, the operator, at the request of the surface owner, will install a fence around the wellhead, pit, and production equipment to prevent livestock entry. b. Soil removal and segregation. (1) Soil removal and segregation on crop land. As to all excavation operations undertaken after June 1, 1996 on crop land, the operator shall separate and 1000-1 As of April 1, 2009 • • • • • store soil horizons separately from one another and mark or document stockpile locations to facilitate subsequent reclamation. When separating soil horizons, the operator shall segregate horizons based upon noted changes in physical characteristics such as organic content, color, texture, density, or consistency. Segregation will be performed to the extent practicable to a depth of six (6) feet or bedrock, whichever is shallower. (2) Soil removal and segregation on non crop -land. As to all excavation operations undertaken after July 1, 1997 on non -crop land, the operator shall separate and store the topsoil horizon or the top six (6) inches, whichever is deeper, and mark or document stockpile locations to facilitate subsequent reclamation. When separating the soil horizons, the operator shall segregate the horizon based upon noted changes in physical characteristics such as organic content, color, texture, density, or consistency. Horizons too rocky or too thin. When the soil horizons are too rocky or too thin for the operator to practicably segregate, then the topsoil shall be segregated to the extent possible and stored. Too rocky shall mean that the soil horizon consists of greater than thirty five percent (35%) by volume rock fragments larger than ten (10) inches in diameter. Too thin shall mean soil horizons that are less than six (6) inches in thickness. The operator shall segregate remaining soils on crop land to the extent practicable to a depth of three (3) feet below the ground surface or bedrock, whichever is shallower, based upon noted changes in physical characteristics such as color, texture, density or consistency and such soils shall be stockpiled to avoid loss and mixing with other soils. c. Protection of soils. All stockpiled soils shall be protected from degradation due to contamination, compaction and, to the extent practicable, from wind and water erosion during drilling and production operations. Best management practices to prevent weed establishment and to maintain soil microbial activity shall be implemented. d. Drill pad location. The drilling location shall be designed and constructed to provide a safe working area while reasonably minimizing the total surface area disturbed. Consistent with applicable spacing orders and well location orders and regulations, in locating drill pads, steep slopes shall be avoided when reasonably possible. The drill pad site shall be located on the most level location obtainable that will accommodate the intended use. If not avoidable, deep vertical cuts and steep long fill slopes shall be constructed to the least percent slope practical. Where feasible, operators shall use directional drilling to reduce cumulative impacts and adverse impacts on wildlife resources. (3) e. Surface disturbance minimization. (1) In order to reasonably minimize land disturbances and facilitate future reclamation, well sites, production facilities, gathering pipelines, and access roads shall be located, adequately sized, constructed, and maintained so as to reasonably control dust and minimize erosion, alteration of natural features, removal of surface materials, and degradation due to contamination. (2) Operators shall avoid or minimize impacts to wetlands and riparian habitats to the degree practicable. (3) Where practicable, operators shall consolidate facilities and pipeline rights -of -way in order to minimize adverse impacts to wildlife resources, including fragmentation of wildlife habitat, as well as cumulative impacts. 1000-2 As of April 1, 2009 • • • • • (4) Access roads. Existing roads shall be used to the greatest extent practicable to avoid erosion and minimize the land area devoted to oil and gas operations. Roadbeds shall be engineered to avoid or minimize impacts to riparian areas or wetlands to the extent practicable. Unavoidable impacts shall be mitigated. Road crossings of streams shall be designed and constructed to allow fish passage, where practicable and appropriate. Where feasible and practicable, operators are encouraged to share access roads in developing a field. Where feasible and practicable, roads shall be routed to complement other land usage. To the greatest extent practicable, all vehicles used by the operator, contractors, and other parties associated with the well shall not travel outside of the original access road boundary. Repeated or flagrant instance(s) of failure to restrict lease access to lease roads which result in unreasonable land damage or crop losses shall be subject to a penalty under Rule 523. f. Stormwater management. (1) All oil and gas locations are subject to the Best Management Practices requirements of Rule 10021(2). In addition, upon the termination of a construction stormwater permit issued by the Colorado Department of Public Health and Environment for an oil and gas location, such oil and gas location is subject to the Post - Construction Stormwater Program requirements of Rule 10021(3), except that such requirements are not applicable to Tier 1 Oil and Gas Locations. (2) Oil and gas operators shall implement and maintain Best Management Practices (BMPs) at all oil and gas locations to control stormwater runoff in a manner that minimizes erosion, transport of sediment offsite, and site degradation. BMPs shall be maintained until the facility is abandoned and final reclamation is achieved pursuant to Rule 1004. Operators shall employ BMPs, as necessary to comply with this rule, at all oil and gas locations, including, but not limited to, well pads, soil stock piles, access roads, tank batteries, compressor stations, and pipeline rights of way. BMPs shall be selected based on site -specific conditions, such as slope, vegetation cover, and proximity to water bodies, and may include maintaining in -place some or all of the BMPs installed during the construction phase of the facility. Where applicable based on site -specific conditions, operators shall implement BMPs in accordance with good engineering practices, including measures such as: A. Covering materials and activities and stormwater diversion to minimize contact of precipitation and stormwater runoff with materials, wastes, equipment, and activities with potential to result in discharges causing pollution of surface waters. B. Materials handling and spill prevention procedures and practices implemented for material handling and spill prevention of materials used, stored, or disposed of that could result in discharges causing pollution of surface waters. C. Erosion controls designed to minimize erosion from unpaved areas, including operational well pads, road surfaces and associated culverts, stream crossings, and cut/fill slopes. D. Self -inspection, maintenance, and good housekeeping procedures and schedules to facilitate identification of conditions that could cause breakdowns or failures of BMPs. These procedures shall include measures for maintaining clean, orderly operations and facilities and shall address cleaning and maintenance schedules and waste disposal 1000-3 As of April 1, 2009 • • • • (3) practices. In conducting inspections and maintenance relative to stormwater runoff, operators shall consider seasonal factors, such as winter snow cover and spring runoff from snowmelt, to ensure site conditions and controls are adequate and in place to effectively manage stormwater. E. Spill response procedures for responding to and cleaning up spills. The necessary equipment for spill cleanup shall be readily available to personnel. Spill Prevention, Control, and Countermeasure plans incorporated by reference must be identified in the Post -Construction Stormwater Management Program specified in Rule 1002.f.(3). F. Vehicle tracking control practices to control potential sediment discharges from operational roads, well pads, and other unpaved surfaces. Practices could include road and pad design and maintenance to minimize rutting and tracking, controlling site access, street sweeping or scraping, tracking pads, wash racks, education, or other sediment controls. Operators of oil and gas facilities shall develop a Post -Construction Stormwater Program in compliance with this section no later than the time of termination of stormwater permits issued by the Colorado Department of Public Health and Environment for construction of oil and gas facilities. A. The Post -Construction Stormwater Program shall reflect good faith efforts by operators to select and implement BMPs intended to serve the purposes of this rule. BMPs shall be selected to address potential sources of pollution which may reasonably be expected to affect the quality of discharges associated with the ongoing operation of production facilities during the post -construction and reclamation operation of the facilities. Pollutant sources that must be addressed by BMPs, if present, include: i. Transport of chemicals and materials, including loading and unloading operations; H. Vehicle/equipment fueling; iii. Outdoor storage activities, including those for chemicals and additives; iv. Produced water and drilling fluids storage; v. Outdoor processing activities and machinery; vi. Significant dust or particulate generating processes; vii. Erosion and vehicle tracking from well pads, road surfaces, and pipelines; viii. Waste disposal practices; ix. Leaks and spills; and x. Ground -disturbing maintenance activities. 1000-4 As of April 1, 2009 • • • • • B. The Post -Construction Stormwater Program shall be developed, supervised, documented, and maintained by a qualified person(s) with training or prior work experience specific to stormwater management. Employees and subcontractors shall be trained to make them aware of the BMPs implemented and maintained at the site and procedures for reporting needed maintenance or repairs. Documentation shall include a description of the BMPs selected to ensure proper implementation, operation, and maintenance. C. Facility -specific maps, installation specification, and implementation criteria shall also be included when general operating procedures and descriptions are not adequate to clearly describe the implementation and operation of BMPs. 1003. INTERIM RECLAMATION a. General. Debris and waste materials other than de minimis amounts, including, but not limited to, concrete, sack bentonite and other drilling mud additives, sand plastic, pipe and cable, as well as equipment associated with the drilling, re-entry, or completion operations shall be removed. All E&P waste shall be handled according to the 900 Series rules. All pits, cellars, rat holes, and other bore holes unnecessary for further lease operations, excluding the drilling pit, will be backfilled as soon as possible after the drilling rig is released to conform with surrounding terrain. On crop land, if requested by the surface owner, guy line anchors shall be removed as soon as reasonably possible after the completion rig is released. When permanent guy line anchors are installed, it shall not be mandatory to remove them. When permanent guy line anchors are installed on cropland, care shall be taken to minimize disruption or cultivation, irrigation, or harvesting operations. If requested by the surface owner or its representative, the anchors shall be specifically marked, in addition to the marking required below, so as to facilitate farming operations. All guy line anchors left buried for future use shall be identified by a marker of bright color not less than four (4) feet in height and not greater than one (1) foot east of the guy line anchor. In addition, all well sites and surface production facilities shall be maintained in accordance with Rule 603.j. b. Interim reclamation of areas no longer in use. All disturbed areas affected by drilling or subsequent operations, except areas reasonably needed for production operations or for subsequent drilling operations to be commenced within twelve (12) months, shall be reclaimed as early and as nearly as practicable to their original condition or their final land use as designated by the surface owner and shall be maintained to control dust and minimize erosion to the extent practicable. As to crop lands, if subsidence occurs in such areas additional topsoil shall be added to the depression and the land shall be re -leveled as close to its original contour as practicable. Interim reclamation shall occur no later than three (3) months on crop land or six (6) months on non -crop land after such operations unless the Director extends the time period because of conditions outside the control of the operator. Areas reasonably needed for production operations or for subsequent drilling operations to be commenced within twelve (12) months shall be compacted, covered, paved, or otherwise stabilized and maintained in such a way as to minimize dust and erosion to the extent practicable. c. Compaction alleviation. All areas compacted by drilling and subsequent oil and gas operations which are no longer needed following completion of such operations shall be cross -ripped. On crop land, such compaction alleviation operations shall be undertaken when the soil moisture at the time of ripping is below thirty-five percent (35%) of field capacity. Ripping shall be undertaken to a depth of eighteen (18) inches unless and to the extent bed rock is encountered at a shallower depth. 1000-5 As of April 1, 2009 • • • • • d. Drilling pit closure. As part of interim reclamation, drilling pits shall be closed in the following manner: (1) Drilling pit closure on crop land and within 100 -year floodplain. On crop land or within the 100 -year floodplain, water -based bentonitic drilling fluids, except de minimis amounts, shall be removed from the drilling pit and disposed of in accordance with the 900 Series rules. Operators shall ensure that soils meet the concentration levels of Table 910-1, above. Drilling pit reclamation, including the disposal of drilling fluids and cuttings, shall be performed in a manner so as to not result in the formation of an impermeable barrier. Any cuttings removed from the pit for drying shall be returned to the pit prior to backfilling, and no more than de minimis amounts may be incorporated into the surface materials. After the drilling pit is sufficiently dry, the pit shall be backfilled. The backfilling of the drilling pit shall be done to return the soils to their original relative positions. Closing and reclamation of drilling pits shall occur no later than three (3) months after drilling and completion activities conclude. (2) Drilling pit closure on non -crop land. All drilling fluids shall be disposed of in accordance with the 900 Series rules. Operators shall ensure that soils meet the concentration levels of Table 910-1, above. After the drilling pit is sufficiently dry, the pit shall be backfilled. Materials removed from the pit for drying shall be returned to the pit prior to the backfilling. No more than de minimis amounts may be incorporated into the surface materials. The backfilling of the drilling pit will be done to return the soils to their original relative positions so that the muds and associated solids will be confined to the pit and not squeezed out and incorporated in the surface materials. Closure and reclamation of drilling pits shall occur no later than six (6) months after drilling and completion activities conclude, weather permitting. Minimum cover. On crop lands, a minimum of three (3) feet of backfill cover shall be applied over any remaining drilling pit contents. As to both crop lands and non - crop lands, during the two (2) year period following drilling pit closure, if subsidence occurs over the closed drilling pit location additional topsoil shall be added to the depression and the land shall be re -leveled as close to its original contour as practicable. (3) e. Restoration and revegetation. When a well is completed for production, all disturbed areas no longer needed will be restored and revegetated as soon as practicable. (1) Revegetation of crop lands. All segregated soil horizons removed from crop lands shall be replaced to their original relative positions and contour, and shall be tilled adequately to re-establish a proper seedbed. The area shall be treated if necessary and practicable to prevent invasion of undesirable species and noxious weeds, and to control erosion. Any perennial forage crops that were present before disturbance shall be re-established. (2) Revegetation of non -crop lands. All segregated soil horizons removed from non - crop lands shall be replaced to their original relative positions and contour as near as practicable to achieve erosion control and long-term stability, and shall be tilled adequately in order to establish a proper seedbed. The disturbed area then shall be reseeded in the first favorable season following rig demobilization. Reseeding with species consistent with the adjacent plant community is encouraged. In the absence of an agreement between the operator and the affected surface owner as to what seed mix should be used, the operator shall consult with a representative of the local soil conservation district to determine the proper seed mix to use in revegetating the disturbed area. In an area where 1000-6 As of April 1, 2009 • • • • • (3) an operator has drilled or plans to drill multiple wells, in the absence of an agreement between the operator and the affected surface owner, the operator may rely upon previous advice given by the local soil conservation district in determining the proper seed mixes to be used in revegetating each type of terrain upon which operations are to be conducted. Interim reclamation of all disturbed areas no longer in use shall be considered complete when all ground surface disturbing activities at the site have been completed, and all disturbed areas have been either built on, compacted, covered, paved, or otherwise stabilized in such a way as to minimize erosion to the extent practicable, or a uniform vegetative cover has been established that reflects pre -disturbance or reference area forbs, shrubs, and grasses with total percent plant cover of at least eighty percent (80%) of pre -disturbance levels or reference areas, excluding noxious weeds. Re -seeding alone is not sufficient. Interim reclamation completion notice, Form 4. The operator shall submit a Sundry Notice, Form 4, which describes the interim reclamation procedures and any associated mitigation measures performed, any changes, if applicable in the landowner's designated final land use, and at a minimum four (4) photographs taken during the growing season facing each cardinal direction which document the success of the interim reclamation and one (1) photograph which documents the total cover of live perennial vegetation of adjacent or nearby undisturbed land or the reference area. Each photograph shall be identified by date taken, well name, GPS location, and direction of view. f. Weed control. During drilling, production, and reclamation operations, all disturbed areas shall be kept as free of all undesirable plant species designated to be noxious weeds as practicable. Weed control measures shall be conducted in compliance with the Colorado Noxious Weed Act, C.R.S. §35-5.5-115 and the current rules pertaining to the administration and enforcement of the Colorado Noxious Weed Act. It is recommended that the operator consult with the local weed control agency or other weed control authority when weed infestation occurs. It is the responsibility of the operator to monitor affected and reclaimed lands for noxious weed infestations. If applicable, the Director may require a weed control plan. 1004. FINAL RECLAMATION OF WELL SITES AND ASSOCIATED PRODUCTION FACILITIES a. Well sites and associated production facilities. Upon the plugging and abandonment of a well, all pits, mouse and rat holes and cellars shall be backfilled. All debris, abandoned gathering line risers and flowline risers, and surface equipment shall be removed within three (3) months of plugging a well. All access roads to plugged and abandoned wells and associated production facilities shall be closed, graded and recontoured. Culverts and any other obstructions that were part of the access road(s) shall be removed. Well locations, access roads and associated facilities shall be reclaimed. As applicable, compaction alleviation, restoration, and revegetation of well sites, associated production facilities, and access roads shall be performed to the same standards as established for interim reclamation under Rule 1003. All other equipment, supplies, weeds, rubbish, and other waste material shall be removed. The burning or burial of such material on the premises shall be performed in accordance with applicable local, state, or federal solid waste disposal regulations and in accordance with the 900 -Series Rules. In addition, material may be burned or buried on the premises only with the prior written consent of the surface owner. All such reclamation work shall be completed within three (3) months on crop land and twelve (12) months on non -crop land after plugging a well or final closure of associated production facilities. The Director may grant an extension where 1000-7 As of April 1, 2009 • • • unusual circumstances are encountered, but every reasonable effort shall be made to complete reclamation before the next local growing season. b. Production and special purpose pit closure. The operator shall comply with the 900 series rules for the removal or treatment of E&P waste remaining in a production or special purpose pit before the pit may be closed for final reclamation. After any remaining E&P waste is removed or treated, all such pits must be back -filled to return the soils to their original relative positions. As to both crop lands and non -crop lands, if subsidence occurs over closed pit locations, additional topsoil shall be added to the depression and the land shall be re -leveled as close to its original contour as practicable. c. Final reclamation threshold for release of financial assurance. Successful reclamation of the well site and access road will be considered completed when: (1) On crop land, reclamation has been performed as per Rules 1003 and 1004, and observation by the Director over two growing seasons has indicated no significant unrestored subsidence. (2) On non -crop land, reclamation has been performed as per Rules 1003 and 1004, and disturbed areas have been either built on, compacted, covered, paved, or otherwise stabilized in such a way as to minimize erosion to the extent practicable, or a uniform vegetative cover has been established that reflects pre - disturbance or reference area forbs, shrubs, and grasses with total percent plant cover of at least eighty percent (80%) of pre -disturbance or reference area levels, excluding noxious weeds, as determined by the Director through a visual appraisal. The Director shall consider the total cover of live perennial vegetation of adjacent or nearby undisturbed land, not including overstory or tree canopy cover, having similar soils, slope and aspect of the reclaimed area. Disturbances resulting from flow line installations shall be deemed adequately reclaimed when the disturbed area is reasonably capable of supporting the pre - disturbance land use. (4) A Sundry Notice Form 4, has been submitted by the operator which describes the final reclamation procedures, any changes, if applicable, in the landowner's designated final land use, and any mitigation measures associated with final reclamation performed by the operator, and A final reclamation inspection has been completed by the Director, there are no outstanding compliance issues relating to Commission rules, regulations, orders, permit conditions or the act, and the Director has notified the operator that final reclamation has been approved. d. Final reclamation of all disturbed areas shall be considered complete when all activities disturbing the ground have been completed, and all disturbed areas have been either built upon, compacted, covered, paved, or otherwise stabilized in such a way as to minimize erosion, or a uniform vegetative cover has been established that reflects pre - disturbance or reference area forbs, shrubs, and grasses with total percent plant cover of at least eighty percent (80%) of pre -disturbance or reference area levels, excluding noxious weeds, or equivalent permanent, physical erosion reduction methods have been employed. Re -seeding alone is not sufficient. e. Weed control. All areas being reclaimed shall be kept as free as practicable of all undesirable plant species designated to be noxious weeds. Weed control measures shall be conducted in compliance with the Colorado Noxious Weed Act, C.R.S. §35-5.5-115 and (3) (5) 1000-8 As of April 1, 2009 • the current rules pertaining to the administration and enforcement of the Colorado Noxious Weed Act. It is recommended that the operator consult with the local weed control agency or other weed control authority when weed infestation occurs. It is the responsibility of the operator to monitor affected and reclaimed lands for noxious weed infestations. If applicable, the Director may require a weed control plan. 1000-9 As of April 1, 2009 Hello