HomeMy WebLinkAbout20092284.tiffNJ off°
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Form No.
GWS-25 COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St., Delver, Colorado 80203
(303) 8663581
APPLICANT
OFFICE OF THE STATE ENGINEER
RONALD SHAYNE O'HOTTO
10188CR23
FORT LUPTON, CO-.80621-
LIC
WELL PERMIT NUMBER 68146 -F
DIV. 1 WD2 DES. BASIN MO
(303) 523-8896
CHANGE/EXPANSION OF USE OF AN EXISTING WELL
APPROVED WELL LOCATION
WELD COUNTY
SW 1/4 SW 114 Section 12
Township 2 N Range 67 W Sixth P.M.
DISTANCES FROM SECTION LINES
984 Ft from South Section Line
300 Ft from West Section Line
UTM COORDINATES (Meters,Zone:13,NAD83)
Easting: Northing:
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit
does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from
seeking relief in a civil court action.
2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval
of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation
Contractors in accordance with Rule 18.
3) Approved pursuant to CRS 37-90.137(4) and the findings of the State Engineer dated June 24, 2009.
4) Approved for the expansion of use of an existing well constructed under permit no. 178537. Issuance of this permit hereby
cancels permit no. 178537.
5) The use of ground waterfrom this well is limited to commercial, domestic, tivestack watering, and irrigation.
6) The pumping rate of this well shall not exceed 15 GPM.
7) The average annual amount of ground water to be appropriated shall not exceed 7.9 acre-feet
8) Production from this well is rr nited to the Laramie Fox Hills aquifer.
9) The entire length of the hole shall be geophysically logged as required by Rule 9 of the Statewide Nontributary Ground
Water Rules priorto installing casing.
10) The owner shall mark the'well in a conspicuous place with well permit number(s), name of the aquifer, and court case
number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings.
11) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all
diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon
request.
12) This well shall be located at least 600 feet from any existing well, completed in the same aquifer, that is not owned by the
applicant
13) This well shall be located no more than 200 feet from the location specified on this permit
14) Pursuant to CRS 37-90-137(9)(b) and the Denver Basin Rules, no more than 98% of the nontributary ground water
withdrawn annually shall be consumed and the well owner shall demonstrate to the reasonable satisfaction of the State
Engineer that no more than 98% of the water withdrawn will be consumed.
15) This well is subject to administration by the Division Engineer In accordance with applicable decrees, statutes, rules, and
regulations.
NOTE: The ability of this well to withdraw its authorized amount of water from this non-renewable aquifer m less than
the 100 years upon which the amount of water in the aquifer is allocated, due to anticipated water level d 'n 4 L-2/. '
APPROVED
JLV
Receipt No. 3640809
State Engineer
Engineer
csivstem.r o��
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Page 1 of 1
Kim Ogle
To: Tammy Ellerman
Subject: RE: O'Hotto
Tammy
I just got off the phone with the State Engineers Office concering the well associated with the O'Hotto property
and the Home Business. Joanna Williams with this office indicated that a change in use for the well is required if
the employees utilize the water for any purpose, including, drinking, hand washing or lavatory. The port -a -let on
site is not permitted by the USR-1639. Condition of Approval 1.6 requires written evidecne of compliance with the
State indicating that the existing well is permitted for this use. This office has no record of correspondence from
the State in our working files. Should this be an oversight on our behalf please fax or otherwise deliver the
corresponence indicating compliance. Thank you.
Kim Ogle
Planning Services
970.356.4000 x 3549 7
970/302.2875 Cell
kogle@co.weld.co.us
From: Tammy Ellerman [mailto:tammy@orrland.com]
Sent: Monday, March 23, 2009 2:06 PM
To: Kim Ogle
Subject: O'Hotto
Kim,
I have reviewed your letter in regards to the O'Hotto USR. I am just wondering why I was told everything on this
matter was taken care of. In the correspondence with the State they do not need a commercial well as the use
has not changed. The employees the O'Hotto's have come in and take out equipment and do not work in the
shop. They return the equipment after they are done for the day. The shop has no water in it at all. Please
check on this for me.
Tammy Ellerman
Orr Land Company
1813 61st Avenue, Suite 200
Greeley, CO 80634
cell: 970-539-8778
office: 970-351-8777
fax: 970-351-7851
4/15/2009
Kim Ogle
From:
Sent:
To:
Cc:
Subject:
Attachments:
Lauren Light
Thursday, April 02, 2009 8:49 AM
Kim Ogle
Tammy Ellerman
FW: O'Hotto USR
Ohotto Dust Abatement.doc; Ohotto waste handling plan.doc
Ohotto Dust Ohotto waste
batement.doc (21 ..handling plan.doc...
The dust abatement and waste handling plans have been approved by
Environmental Health Services, Weld County Department of Public Health & Environment.
Lauren Light, M.B.S.
Environmental Planner, Environmental Health Services
Weld County Department of Public Health & Environment
1555 N. 17th Ave.
Greeley, CO 80631
970-304-6415 Ext. 2211 (office)
970-304-6411 (fax)
Original Message
From: Tammy Ellerman [mailto:tammy@orrland.com]
Sent: Tuesday, March 31, 2009 1:54 PM
To: Lauren Light
Subject: O'Hotto USR
Lauren,
Here are the plans for O'Hotto. I just took off the signature lines and do I need to get
these to Kim Ogle or is that something that you get to him once you have approved? Let me
know and thank you so much.
Tammy Ellerman
Orr Land Company
1813 61st Avenue, Suite 200
Greeley, CO 80634
cell: 970-539-8778
office: 970-351-8777
fax: 970-351-7851
1
Kim Ogle
From:
Sent:
To:
Cc:
Subject:
Kim,
Don Dunker
Wednesday, March 25, 2009 1:39 PM
Kim Ogle
Don Dunker
USR-1639
I received an As -Built plan 03/25/09 for the water quality capture area for USR-1639
O'Hoto dba Sure Shot Drilling from Henry Hollender, P.E. #16615 stamped, signed and dated
. We can mark this off our list of items completed the water quality feature appears to
have been built per Mr. Hollender.
Thanks
Don Dunker, P.E.
Weld County Public Works
1111 H Street
Greeley, CO 80631
phone: 970.304.6496 ext. 3749
fax: 970.304.6497
ddunker@co.weld.co.us
111k
COLORADO
March 10, 2009
Tammy Ellerman
Orr Land Company
826 Ninth Street
Greeley, CO 80631
Subject: O'Hotto Special Use Permit, USR-1639
Dear Tammy:
DEPARTMENT OF PLANNING SERVICES
Greeley Planning Office
918 Tenth Street
Greeley, Colorado 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
PHONE (970) 353-6100, EXT. 3549
FAX (970) 304-6498
This letter serves as a follow-up to our conversation of several weeks past. Review of the case file,
specific to the letter from the State Engineers Office (SEO) dated May 6, 2008 addresses a specific
concern of the use of the well permitted under well permit number 178537. The SEO is of record that a
commercial well is required since it appears that the existing well will be used for commercial drinking and
sanitary purposes in a shop and for other possible commercial uses.
The SEO references a letter dated May 1, 2008 that was sent to their office stipulating that the use of the
well would remain for the existing shop, in house use in one single family dwelling, sanitary facilities in the
barn, livestock watering and irrigation of approximately 5000 square feet of home gardens and lawns.
Given this description, the SEO states that the well can continue to operate under the existing well permit,
and a commercial well permit is not required.
Staff review of the application materials submitted by Mr. O'Hotto determined the number of employees
who use this site is nine (9) and the number of employees to be employed at the site is limited to nine (9)
employees. Further, review of the Commissioners Resolution for this case, Development Standard No, 3
states "The site shall be limited to nine (9) employees (not the residents of the property)...."
Given the employee numbers associated with this company as stated in both the application materials and
the Resolution, it is staff's opinion that the use of the well has changed, therefore a commercial well permit
is required. Referencing the letter from the State Engineers Office (SEO) dated May 6, 2008, paragraph 3
states "If at any time in the future the uses of the well change so that the drinking and sanitary facilities at
the site are used by employees or the well water is used for equipment washing or other commercial
purposes a commercial well permit must be obtained."
In future correspondence, please provide a letter from the SEO stipulating that this issue has been
addressed and resolved to the satisfaction of the SEO. Further, the Department of Planning Services will
request a letter from the State Engineers office so stating no commercial well is required.
On Monday March 9, 2009 staff reviewed the Special Use Permit plat for compliance with the
requirements of the Resolution. Staff review determined two amendments were required and have
conveyed these modifications to Steve Stencel with Intermill Land Surveying, Inc. of Loveland, Colorado.
If I may be of further assistance, please contact this office. Thank you.
Sincerely,
Kim 0
Planning Services
ec: L. Light, Environmental Health
L. Dodge, Building
SWSC Planning Office
Greeley Planning Office
File: USR-1639
/r<\<)% I HIGH PLAINS ENGINEERING & DESIGN, LLC
721 4th STREET, SUITE D, FORT LUPTON, CO 80621 • PHONE: (303)-857-9280 • FAX: (303)-857-9238
July 30, 2008
Sure Shot Drilling, Inc.
Attn: Mr. Shayne O'Hotto
10188 WCR 23
Fort Lupton, CO 80621
Ph. 303-523-8896 Fax 303-857-0129
RE: Certification of the existing septic system at the existing home site and
proposed Directional Drilling Company at 10188 WCR 23, Fort Lupton, Weld
County, CO
Job # 08-1726
USR Permit #1639
To Whom It May Concern:
The purpose of this letter is to certify an existing septic system that is presently
serving a three bedroom single family home with an office and 1 bedroom in
the barn area (for personal use). This existing septic system was designed by
Harold E. Donnelly, P.E. 7134 and permitted by Weld County in 1994. The
percolation rate was reported as 18 minutes per inch (mpi). A 1250 gallon two
compartment septic tank was installed with a 1476 square foot "rock and pipe"
absorption bed.
This site is going through a USR process to allow a home business in the
Agricultural Zone District. The site shall be limited to 9 employees (not including
the residents of the property). The employees will report to the site to pickup
equipment and go offsite to perform drilling operations and return at the end of
the day.
3 BEDROOM HOME
HOME BUSINESS: 9 FT WORKERS @ 5 GPD
TOTAL FLOW (Q)
= 450 GPD (Gallons Per Day)
= 45 GPD
= 495 GPD
FOR WELD COUNTY: (Area of Absorption Bed required)
A=Qx1.5x1.3x1/ T A=495x1.5x1.3x420=1234SQ. FT.
3.5 3.5
4 THE EXISTING SIZE OF THE ABSORPTION BED AS REPORTED ON THE
ATTACHED AS -BUILT IS 1476 SQ. FT. THE EXISTING SYSTEM HAS BEEN
CONSTRUCTED OF ADEQUATE SIZE FOR THE PROPOSED LOADING.
SEPTIC TANK SIZING:
495 GPD X (30HRS/24HRS) X 1.5 = 928 GALLONS
4 THE EXISTING 1250 GALLON TWO COMPARTMENT SEPTIC TANK IS
ADEQUATE. PLEASE REFERENCE THE PUMP RECORD DATED 7-22-08.
RECOMMENDATIONS:
The existing septic tank and absorption system should be adequate for the
proposed use.
Please see the attachments for additional data. Should you have any
questions, call the number above.
Sincerely,
TODD M. SCHROEDE
1191-15-CUUd IHU 1l;Uy Hf1 N G CNV1KUNIICNIHL !CHLIt1 PHA NU, yIU JU4 0411 Y. UC
I- SP:1.06F'
INDIVIDUAL SEWAGE DISPOSAL SYSTEM PERMIT NO. 0-9402
WIF..I...D COUNTY HEALTH DEPARTMENT
ENVIRONMENTAL IIi-J^ITAL HEALTH SERVICES
151.7 16TH AVENUE COURT, GREEL..EY, CO 80631.
:353--0635 EXT.22.21
HEW PERMIT
OWNER ELI._ jRPIAN, JAY ADDRESS :1.0188 WCR 23 I:'ll (30 3) 857 -
FT LI.JI' TON CO 510621
ADDRESS OF PROPOSED SYSTEM 10188 WCR 23
FT L.UFf01-4 CO 8062.1
1...EGAL.. DESCRIPTION OF SITE: 52 SEC 12 TWP 2 RHO 67
SUBDIVISION: LUPTON MEADOWS LAND C:C) LOT 6 BLOCK 0 I"':I:L.:ENG 0
USE TYPE: RESIDENTIAL HOUSE
SERVICES: PERSONS 4 BATHROOMS 2.00 LOT SIZE 15.00 ACRES
EEDROONS 3 BASEMENT PLUMBING NO WATER SUPPLY P'WELL
APPLICATION FEE $:150.00
RE::C'D Err' CHAD YOUNG
DATE 06/23/94
SIGNET) BY LEROY OVEREEL.T
DATE 06/2.3/94
PERCOLATION RATE 18.0 MIN PER :LI^IC:H LIMITING ZONE 8 FEET
SOIL_ TYPE SUITABLE PERCENT GROUND SLOPE 6% DIRECTION F
REQUIRES ENGINEER DESIGN NO IN 100 YEAR FLOOD PLAIN ZONE: NC)
FROM THE: APPLICATION (CATION INFORMATION SUPPLIED AND THE ON -SITE SOIL PERCOLATION DATA
T'I•lE FOLLOWING MINIMUM INSTALLATION SPECIFICATIONS ARE REQUIRED:
SEPTIC TANK 1250 GALLONS, ABSORPTION TRENCH Si)., FT„
OR
ABSORPTION BEY) :1.314 SQ. FT.
IN ADDI'T'ION„ THIS PERMIT :U) SUBJIEC ICS! III I'0L_yW:(NE, ADDITIONAL TE"! 115 AND
CDNDITIO/h)1S:. ...... ... S/z..Sarr/ Js_.....Flri:r.._1 ......Ou]nRrs.._ ..erso-r ! ._ce4r,.._..Z¢ .__: ....iS...P..cnP.r...
rice 48- ear/nit K'Ja / ' 4 vcf / . ,1 es) :4/ ."411A4' % ' 641)1 'r}ia )Pa." -
INIS PERMIT IS GRANTED TEMPORARILY TO AI_.L..l9lJ CONSTRUCTION TO COMMENCE. ri-i:s PERIL
MAY BE: REVOKED OR SUSPENDED BY THE WELD COUNTY HEALTH DEPARTMENT FOR REASONS SE
FORTH IN THE WELD COUNTY INDIVIDUAL_ SEWAGE DISPOSAL SYSTEM REGULATIONS :I:NCL.IJDIN
FAILURE TO MEET ANY TERM OR CONDITION IMPOSED THEREON DURING TEMPORARY OF: FINAL
AP'PRO'VAL...., THE: :ESSIJANOE OF THIS PERMIT DOES NOT CONSTITUTE ASSUMPTION BY THE
DEPARTMENT OF ITS EMPLOYEES OF LIABILITY FOR THE FAILURE OR INADEQUACY OF THE
SEWAGE DISPOSAL SYSTEM.
ALLEN STORIF 06/30/94
ENVIRONMENTAL SPECIALIST DATE
TI••IIS PERMIT IS NOT TRANSFERABLE AND SHALL BECOME VOID :I:P' SYSTEM CONSTRUCTION HA
NOT COMMENCED WITH:EN ONE: YEAR OF ITS ISSUANCE. BEFORE ISSUING FINAL APPROVAL 0
TI-IIS PERMIT THE WELD COUNTY HEALTH DEPARTMENT RESERVES THE RIGHT TO IMPOSE ADDI:
TIONAL_ TERMS ANT) CONDITIONS REQUIRED TO MEET OUR REGULATIONS ON A CONTINUING BA
SIs. FINAL_ PERMIT APPROVAL... IS CONTINGENT UPON 'VHF FINAL INSPECTION OF Tl-1E:: COM-
PLETED SYSTEM BY THE: WELD COUNTY HEALTH DEPARTMENT.
SYSTEM INSTALLER ...__-. ..24,47' `x,64 r................_............FIhNAl_. 'NSF'C:.CT:I:O TF.-.-. 9026 9',
SYSTEM EI'tt Ih•IIiE:E:F? ..R�l�,,,,,,,,_,,,,,,,,,•,APPROVA
TYPE OF SYSTEM INSTALLED 7-g4/4-.1• E:NVIRONPIIENTAI... SPECIALIST
THE ]:S611ANCI: OF THIS PERMIT DOES NOT IMPLY COMPLIANCE WITH OTHER STATE, COUNTY
OR LOCAL REGULATORY OR BUILDING REQUIREMENTS, NOR SHALL i:'t ACT TO CERTIFY THAT
THE SUBJECT SYSTEM WILL OPERA'T'E IN COMPLIANCE WITH APPLICABLE STATE:., COUNTY ANU)
LOCAL.. REGULATIONS ADOPTED P'EI:RSUAJT TO ARTICLE: 10, TITLE: 15 CRS :1973, AS AMENDE
EXCEPT FOR T'1 -Ii PURPOSE OF ESTABLISHING F:f.NAL.. APPRO'VAL., OF AN INSTALLED SYSTEM FO
:CSSUANcr OF A LOCAL.. OCCUPANCY PERMIT PURSUANT TO CRS 1973 25-10-111 C2).
ORIGINAL -APPLICANT: COPY--WCI-ID W(::I•ID---IEI••IS MAY, 1984
• MAY -lb -HUB THU 11:UU AM W U ENVIKUNMFNTAL HEALTH
FAX NU, BM 3U4 5411
V. Lid
HSP106P
OWNER ELLERMAN, JAY
INDIVIDUAL SEWAGE DISPOSAL SYSTEM PERMIT
WELD COUNTY HEALTH DEPARTMENT
ENVIRONMENTAL HEALTH SERVICES
1517 16TH AVENUE COURT, GREELEY, CO
353-0635 EXT.2225
ADDRESS 10188 WCR 23
FT LUPTON
ADDRESS OF PROPOSED SYSTEM 10188 WCR 23
FT LUPTON
LEGAL DESCRIPTION OF SITE: S2 SE
SUBDIVISION: LUPTON MEADOWS LAND CO
USE TYPE: RESIDENTIAL HOUSE
SERVICES: PERSONS 4 BATHROOMS 2.00
BEDROOMS 3 BASEMENT PLUMBING
APPLICATION FEE $150.00
RECD BY CHAD YOUNG
DATE 06/23/94
PERCOLATION RATE 472) MIN PER INCH LIMITING ZONE 5 re FEET
Sz SOIL TYPE + �e ''11PERCENT GROUND SLOPE % DIRECTION _AEi ,)
REQUIRES ENGINEER DESIGN Na IN 100 YEAR FLOOD PLAIN ZONE /jO
FROM THE APPLICATION INFORMATION
ONSUPPLIED
DIAAND
IOTHE ON -SITE ON - SOIL PERCOLATION DATA
THE FOLLOWIgRp} 17 KIN? S GALLONSPEABSORPTIOURNSTRENCHEQUIRER FT
ABHORPTION FED 43/51 SQ. FT.
IN ADDITION, THIS FERMI' I S BJE'T TO OLLOWING 'ADDITIONAL TERMS AND /,
CONDITIONS: A/// %)e/d �4 p/ I �0 AP /cSr / elr /� n[4 in.ci ✓/
Al S.; OAP .� r ee/cPr/ 4 z S— I d' el eOy-sd enet
,d// Ca/ Alba fall
eet OJz9„ ,/,‘,„ £ L�,..,4, 7� / /
THIS PERMIT IS GRANTED TEMPORARILY TO ALLOW CONSTRUCTION TO COMMENCE. THIS PERM
MAY BE REVOKED OR SUSPENDED BY THE WELD COUNTY HEALTH DEPARTMENT FOR REASONS SE'
FORTH IN THE WELD COUNTY INDIVIDUAL SEWAGE DISPOSAL SYSTEM REGULATIONS INCLUDIN
FAILURE TO MEET ANY TERM OR CONDITION IMPOSED THEREON DURING TEMPORARY OR FINAL
APPROVAL. THE ISSUANCE OF THIS PERMIT DOES NOT CONSTITUTE ASSUMPTION BY THE
DEPARTMENT OR ITS EMPLOYEES OF LIABILITY FOR THE FAILURE O INADEQUACY OF THE
SEWAGE DISPOSAL SYSTEM.
CO 80621
C 12 TWP 2
LOT 6
LOT SIZE
NO WATER
80631
CO 80621
RNG 67
BLOCK
35.00
SUPPLY
NO. G-9403;
NEW
PERMIT
PH (303) 857
0 FILING 0
ACRES
PWELL
SIGNED BY LEROY OVERFELT
DATE 06/23/94
GAP
ENVIRONMENTAL SPECIALIS1/1ATEf
THIS PERMIT IS NOT TRANSFERABLE AND SHALL BECOME VOID IF SYSTEM CONSTRUCTION HA
NOT COMMENCED WITHIN ONE YEAR OF ITS ISSUANCE. BEFORE ISSUING FINAL APPROVAL 0
THIS PERMIT THE WELD COUNTY HEALTH DEPARTMENT RESERVES THE RIGHT TO IMPOSE ADDI
TIONAL TERMS AND CONDITIONS REQUIRED TO MEET OUR REGULATIONS ON A CONTINUING BA
SIS. FINAL PERMIT APPROVAL IS CONTINGENT UPON THE FINAL INSPECTION OF THE COM-
PLETED SYSTEM BY THE WELD COUNTY HEALTH DEPARTMENT.
ORIGINAL -APPLICANT; COPY-WCHD WCHD-EHS MAY, 1984
• NHY-lb-CUUb IHU 11 11 HN W U LNV1KUNNtNIHL htHLIN PHA NU, thU JU4 b411 Y. UI/U1
is '
215.
I. 6,39.; ';'J Y i
i. 113s?' ON, O 8062:
720-234-2499
Customer's
Order No. 1 ,. Date
9 20(%1
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Sold to �J,nyn,{ J } !.9
Address
Phone c)'2 C$ 9 ny
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RECD. ON
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PAID OUT
CASH
CHARGE l CASH
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All claims and returned Tds MUST accod mpanieby this bill
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' Salesman Yi„ , , iii Received By
GSA -210-2
PRINTED IN US A
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eS0:80 80 ea Inc
iii iiit�i dill �1�1ul fan liltlU au nit ����
1 of 2 R 11.00 D 0.00 JR Sukl Teulcamoto
EASF11FN1•, RIGHT-OF-WAY
and
SURFACE USE AGREEMENT
jtSi2. Lttptoy1 Et4do ;c lI-LJ/4
►.t ES,,) l a - a lu -G- 7 Li
This Easement and Surface Use Agreement ("Agreement") is entered into as of the 21st day
of August, 1998 by and between Michael E. Phelan and Roberta J. Phelan. whose address is
10314 WCR 23, Ft. Lupton, CO 80621 ("Surface Owner," whether one or more) and HS
RESOURCES. INC., a Delaware corporation ("HSR"). with offices at 3939 Carson. Evans. Colorado
80620 OR 1999 Broadway, Suite 3600, Denver, CO 80202. covering certain lands, (the "Lands")
situated in Weld County, Colorado. described as follows:
Township 2 North. Range 67 West, of the 6th P.M.
Section 12: NE1/45W1/4
For and in consideration of the sum of ten dollars (S10.00), and other valuable consideration,
the receipt and sufficiency of which are hereby acknowledged. the undersigned hereby agree
to the terms and provisions set forth as follows:
l.Compensation for Well; Release of Ail Claims
HSR shall pay to Surface Duper the ,.um as set forth in and according to the terms of that
certain Letter Agreement by an,i between Surface Owner and HSR. dated August 21. 1998, as
cull and final settlement and satisfaction for any and all detriment. depreciation. injury or
damage of any nature to the Lands or growing crops thereon that may occur ,t, a result of
HSR's drilling or completion operations or its continuing activities for the production or
transportation of oil, gas. or other hydrocarbons or products associated with the foregoing
including, but not limited to, surface use. access. mud and reserve pits. wellhead equipment,
separators. tank batteries. pipelines. gathering lines. flowlines, pipeline interconnections. and
any and ill other reasonable cr custouin .y uses of land related to said operations or
ac tiv dies.
2.Grant of ,Right of Way and Easement
Surface On per hereby grants, bargains, sells, assigns and conveys to HSR an easement and
right-of-way for the purpose of constructing, using and maintaining access roads, locations
for surface equipment and subsurface gathering lines for each well drilled upon the Lands,
pipelines, and pipeline interconnections for one year from the date of commencement of
surface activities for drilling operations and so long thereafter as oil or gas is produced or
capable of being produced from any well drilled on the Lands or lands pooled or unitized
therewith.
This Agreement shall be binding upon the respective heirs, executors, administrators,
successors, and assigns of the undersigned.
The undersigned have executed this Agreement as of the clay first above written.
SURFACE OWNER
Zrer[-laS—
Micfiael E. Phelan
H5 RESOURCES, IN
BY: "st, � i”2u-./
anet W. Pasque
Attorney -in -Fact
v:id:ansfenintfomssatevr.agt ir,ra,d he ;ran Faccnle: I. P'x
CC, SUR-9x'O3I
STATE OF Colorado
COUNTY OF Weld
This instrument was acknowledged before me this .i. _ day of i- 1998
by Michael E. Phelan and Roberta J. Phelan
Witness my hand and official seal.
My commission expires
STATE OF
COUNTY OF
by
Notary Public
o.e/rdo,i
This instrument was acknowledged before me this
Witness my hand and official seal.
My commission expires
STATE OF COLORADO
CITY AND
COUNTY OF DENVER
This instrument was acknowledged before me this 64 day of
1�0✓%r�6rA 1998 by Janet W. Pasque. Attorney -in -Fact of N5 Resources, Inc., a Delaware
corporation, on behalf of the corporation.
155
Notary Public
day of , 1998
,LYNDA
'lCXand
STATE OF COLORADO
My Commission Expires 3/10/2002
fficial seal.
Notary
My commission expires _.?1/f7ha) _
lilt
2!62262 12/22/1996 03.22♦• Meld CeuntCO
2 of 2 R 11.00 D 000 JR Sisk! Temkin:Le
N:Itransled'aidl`omsleaseratag. Approved by z Farron liavember I.991
LETTER AGREEMENT
This Letter Agreement is entered into this 21st day of August, 1998 by and
between Michael E. Phelan and Roberta J. Phelan. whose address is 10314 WC'R 23,
Ft. Lupton, CO 80621 ("Surface (honer," whether one or more) and HS RESOURCES,
iNC., a Delaware corporation ("HSR"), with offices at 1999 Broadway. Suite 3600,
Denver, Colorado 80202 OR 3939 Carson Avenue, Evans, Colorado 80620, in
conjunction with that certain Easement and Surface Use Agreement. dated August
21, 1998, by and between Surface Owner and HSR covering certain lands (the
"Lands"), situated in Weld County, Colorado, described as follows:
Township 2 North, Range 67 West, of the 6th P.M.
Section 12: NE1/4SW1/4
I. Compensation for Operations; Release ofAllClaims
HSR shall pay to Surface Owner the sum of Two thousand Five hundred
dollars ($2,500.00) on or before the spud date of each well that may be drilled
on the Lands, which shall he a one time payment per well as full and final
settlement and satisfaction for any and all detriment, depreciation, injury or
damage of any nature to the Lands or crops growing thereon that may occur as a
result of HSR's drilling and completion operations or continuing activities for
the production or transportation of oil or gas including, without limitation.
ingress to, egress from, and construction. use, maintenance, repair. replacement.
andmonitoring of wells, locations, equipment, mud and reserve pits, separators,
tank batteries, pipelines, gathering lines, flowlines and any and all other
reasonable and customary uses of land related to said operations and activities.
Mon -Disclosure Statement
Surface Owner hereby agrees to the terms and provisions of this Letter
Agreement and agrees not to disclose any of the terms contained herein to any
third party. Surface Owner understands that this Letter Agreement shall not be
recorded.
3. Additional Provisions
Al Ways of ingress and egress. well site areas, tank battery/treater
locations and tanker truck service areas shall be discussed by and between
Surface Owner and HSR prior to commencement of operations.
B) Restoration of the Lands shall commence as soon as practicable after
drilling and completion activities are concluded. The Lands shall be restored
as close as reasonably practicable to their condition when HSR first commenced
operations on them.
This Letter Agreement shall be binding upon the respective heirs.
executors, administrators, successors, and assigns of the undersigned.
The parties hereto have executed this Letter Agreement as of the day first
above written.
SURFACE OWNER HS RESOURCES. INC.
sidgCont
Mi ta' Phelan J et W. Pasque
orney-in-Fact
Roberta elan
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WATER RESOURCES
May 6, 2008
Tammy Ellerman
Orr Land Company
826 9t" St.
Greeley, CO 80631
Bill Ritter, Jr.
Governor
Harris D. Sherman
Executive Director
Dick Wolfe, P.E.
Director
Re: USR-1639 - Site Specific Development Plan and Special Review Permit for a Home
Business
Dear Ms. Ellerman:
I have reviewed your letter dated May 1, 2008 in regards to the existing and proposed uses of
the well permitted under well permit no. 178537. Your letter is in response to the letter our office
wrote to Weld County in regards to a referral request for a site specific development plan and special
review permit. That letter was dated November 26, 2007. In our letter we specified that a commercial
permit must be obtained since it appeared that the existing well will be used for commercial drinking
and sanitary purposes in a shop and for other possible commercial uses.
According to your letter, the existing shop is for storage of drilling units only and no water from
the well is used in the shop. In addition, your letter states that the use of the well is not changing due
to the USR. Those existing uses, according to your May 6, 2008 email, are in-house use in one single
family dwelling, sanitary facilities in a barn, livestock watering and irrigation of approximately 5,000
square -feet of home gardens and lawns. Based on this information the well can continue to operate
under the existing well permit a commercial well permit is not required.
If at any time in the future the uses of the well change so that the drinking and sanitary
facilities at the site are used by employees or the well water is used for equipment washing or other
commercial purposes a commercial well permit must be obtained. In order to allow the existing
domestic, livestock and irrigation purposes, in addition to the commercial uses, the well permit would
need to be sought in accordance with C.R.S. 37-90-137(4). If such a well permit is sought, the ability
of the well owner to obtain the well permit will be evaluated at the time the application io filed.
Should you have any questions in this matter, please contact Joanna Williams of this office.
Sincerely,
Kevin G. Rein, P.E.
Chief of Water Supply
e of the State Engineer
ver, CO 80203 • Phone: 303-866-3581 • Fax: 303-866-3589
'ww.water.state.co.us
40 •
Page 1 of
Jacqueline Hatch
From: Tammy Ellerman (tammy@orrland.com]
Sent: Tuesday, April 29, 2008 4:36 PM
To: Jacqueline Hatch
Subject: O'Hotto
Hi Jacqueline,
I have spoke with water resources and they informed me that if the use of the water was not changing from before that they would not chang
the use of the well to commercial. The facilities have a port a potty. The shop does not have a bathroom. What do we do now? The state
says if they go commercial they lose the use of watering animals and the landscaping. They cannot do this. Let me know the next step.
Tammy Ellerman
Off Land Company
826 9th Street, Suite 200
Greeley, CO 80631
cell: 970-539-8778
office: 970-351-8777
fax: 970-351-7851
04/30/2008
O'hotto Water dumping issue •
•
Page 1 of 1
Hannah Hippely
From: Robert Nash [robertn@rootgroup.com]
Sent: Monday, March 24, 2008 9:15 AM
To: Hannah Hippely
Subject: O'hotto Water dumping issue
Please convey my appreciation to the Planning commission and
truck discharging in the wetland area and on the county road in
my concerns about his questionable water contamination to my
I have no more issues with the matter.
Best Regards,
Robert Nash
Weld county
Mr.O'Hotto for ceasing the tank
front of my property. This relives
well, ponds and property.
04/09/2008
Jacqueline Hatch
From:
Sent:
To:
Subject:
Lauren Light
Thursday, December 04, 2008 3:55 PM
Jacqueline Hatch
usr-1639
The items you sent me on 12-2-08 for usr-1639 do not address our conditions of approval.
Lauren Light, M.B.S.
Environmental Planner, Environmental Health Services
Weld County Department of Public Health & Environment
1555 N. 17th Ave.
Greeley, CO 80631
970-304-6415 Ext. 2211 (office)
970-304-6411 (fax)
1
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