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Home My WebLink About20071874.tiff SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW (USR) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: 0 N�C-10 (ST*' S PC) RECEIPT#/AMOUNT# 1$ CASE#ASSIGNED: A#MVsk N`Ib APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number 0 8 0 3 . 3 3 . 0 _ 0 0 . 0 1 0 (12 digit number-found on Tax I.D. information,obtainable at the Weld County Assessor's Office,or www.co.weld.co.us). Legal Description W/2sw/4 , Section 33 , Township 6 North, Range 65 West Flood Plain: Zone C Zone District: R-1 , Total Acreage: 58 , Overlay District: N/A Geological Hazard: N/A , Airport Overlay District: N/A FEE OWNER(S) OF THE PROPERTY: Name: Paul D. Hungenberq and Michael B. Hungenberq Work Phone# N/A Home Phone# 970-356-6844 Email Address: N/A Address: 32500 Weld County Road 41 City/State/Zip Code Greeley, CO 80631 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: Petroleum Development Corporation (PDC) (AMOS; EeccesmiJ Work Phone# 970-506-9272 Home Phone# N/A Email Address: N/A (tqn(r un Cryt pe1d . C e=1 Address: 3801 Carson Avenue J d City/State/Zip Code Evans, CO 80620 PROPOSED USE: This is agriculture ground that is used for farming. PDC is requesting approval of two (2) oil and gas wells and one (1) tank battery facility. I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my(our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must beIncluded with th a plic tion. If a corporation is the fee owner, notarized evident d indicating that the signatory has o legal uthpcity te-sign for the corporation. EXHIBIT lgnature: Owner or u orized Agent Date Signature: Owner ate 2007-1874 Paul D. Hungenberg Michael B. Hungenberg 32500 Weld County Road 41 Greeley, Colorado 80631 May 19, 2006 Weld County Planning and Zoning Department of Planning Services North Weld Building 918— 10th Street Greeley, Colorado 80631 RE: Use by Special Review Township 6 North, Range 65 West, 6`h P.M. Section 33: W/2SW/4 Weld County, Colorado To Whom It May Concern: We, Paul D. Hungenberg and Michael B. Hungenberg, as the surface owners and mineral owners of the above-mentioned property hereby give authorization to Petroleum Development Corporation to act as an Authorized Agent in our behalf for the purpose of the Use by Special Review process for the drilling of two (2) oil and gas wells and for the construction of one(1)tank battery facility. Sincerely, _ Paul D. Hungenberg Date Michael B. Hungenberg Date Petroleum Development 3801 Carson Avenue Evans,Colorado 80620 Phone: (970)506-9272 Corporation Fax: (970)506-9276 June 8, 2006 VIA HAND DELIVERY Ms. Ann Siron Department of Planning Services Code Compliance Division 918 — 10th Street Greeley, Colorado 80631 RE: Weld County Zoning Violation Notice VI-0600155, Part of the W2W2SW4 & E2E2W2SW4 of Section 33, T6N, R65W, Weld County, Colorado Dear Ms. Siron: Pursuant to your letter dated April 24, 2006 regarding the above-mentioned violation, enclosed please find the following documents for Petroleum Development Corporation's Application for a Use by Special Review: 1) One check for $1,200.00 for the application fee 2) One check in the amount of$11.00 for the Special Review plat recording fee 3) One completed USR Submittal Checklist with all the necessary documents 4) Twenty (20) Applications for Oil and Gas Permits and Tank Battery Facilities Approval If you have any questions or need additional information, please do not hesitate to give Mme a call. Sinq'ereely,r�r \ 7 Carrie Eggleston Landman �Jv RECEIVED this day of June,2006 Department of Planning Services, Code Compliance Division Weld County, Colorado By: • SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW (USR) QUESTIONNAIRE 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. PDC is requesting approval of two (2) oil and gas wells and one (1) tank battery facility. 2. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 22 (Comprehensive Plan). PDC has worked with the surface owners to find the best locations for the wells and tank battery to minimize any surface damages. 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. The wells and tank battery facility have been set up to accomodate the necessary setbacks and regulations. 4. What type of uses surround the site? Explain how the proposed use is consistent and compatible with surrounding land uses. Agriculture. 5. Describe, in detail, the following: a. How many people will use this site? Three (3) people: Pumper, Oil Hauler and Gas Monitor. b. How many employees are proposed to be employed at this site? None. c. What are the hours of operation? Twenty Four Hours. d. What type and how many structures will be erected (built) on this site? Two (2) oil and gas wells and one (1) tank battery facility. e. What type and how many animals, if any,will be on this site? None. f. What kind (type, size, weight)of vehicles will access this site and how often? One regular size pickup will be on site daily and one oil transport truck weekly. g. Who will provide fire protection to the site? Eaton Fire Protection District. h. What is the water source on the property? (Both domestic and irrigation). N/A. What is the sewage disposal system on the property? (Existing and proposed). N/A. j. If storage or warehousing is proposed, what type of items will be stored? N/A. 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. N/A. 7. Explain any proposed reclamation procedures when termination of the Use by Special Review activity occurs. The rules and regulations of the Colorado Oil & Gas Conservation Commission will 8. Explain how the storm water drainage will be handled on the site. be followed. N/A. 9. Explain how long it will take to construct this site and when construction and landscaping is scheduled to begin. Three to Four Days. 10. Explain where storage and/or stockpile of wastes will occur on this site. N/A. 7 Page 1 of 4 Brad Mueller • From: Brad Mueller Sent: Thursday, January 11, 2007 11:24 AM To: Carrie Eggleston Cc: Brad Mueller; Ann Siron; Kim Ogle Subject: RE: USR landowners Carrie, I was able to get an answer today. The Attorney's Office indicates that the overall letter looks fine. The one suggestion that they had —just as a practical matter—would be to clarify what the new (amended) USR is for. The current letter indicates that the existing USR was approved "for oil and gas uses," but doesn't say what the new one is for(i.e., "oil and gas production facility"—the term used in our Code—to consist of oil wells and tank batteries). Thanks for your patience on this. When you send out these letters, provide us with copies. Wth those, we'll be able to open up the incomplete application that's in our office and get the process started. Please call with any questions. Brad Mueller Weld County Planning Services From: Carrie Eggleston [mailto:ceggleston@petd.com] Sent: Tuesday, January 09, 2007 7:54 AM To: Brad Mueller Subject: RE: USR landowners Brad: Any word yet? Thanks, Carrie Eggleston Petroleum Development Corporation 1775 Sherman Street, Suite 3000 Denver, Colorado 80203 970-539-4473 Cell CEggleston@petd.com This email, including attachments, may include confidential and/or proprietary information, and may be used only by the person or entity to which it is addressed. Please do not read, copy or disseminate this communication unless you are the intended addressee. If you received this communication in error, please permanently delete and call (888) 506-9272 immediately and ask to speak to the sender of this communication. Also, please notify immediately via e-mail that you have received this message in error. From: Brad Mueller [mailto:bmueller@co.weld.co.us] Sent: Tuesday, December 12, 2006 11:49 AM To: Carrie Eggleston Subject: RE: USR landowners 01/11/2007 Page 2 of 4 I'm sorry—they've been out, and I've asked a couple times. I'll try again . . . . Brad From: Carrie Eggleston [mailto:ceggleston@petd.com] Sent: Tuesday, December 12, 2006 11:35 AM To: Brad Mueller Subject: RE: USR landowners Brad: Any word yet from the Attorney's office? Thanks, Carrie Eggleston Petroleum Development Corporation 1775 Sherman Street, Suite 300 Denver, Colorado 80203 970-539-4473 Cell CEggleston@petd.com This email, including attachments, may include confidential and/or proprietary information, and may be used only by the person or entity to which it is addressed. Please do not read, copy or disseminate this communication unless you are the intended addressee. If you received this communication in error, please permanently delete and call (888) 506-9272 immediately and ask to speak to the sender of this communication. Also, please notify immediately via e-mail that you have received this message in error. From: Carrie Eggleston [mailto:ceggleston@petd.com] Sent: Monday, November 27, 2006 3:34 PM To: 'Brad Mueller' Subject: RE: USR landowners Please let me know when you get their blessing. Thank you! Carrie Eggleston Petroleum Development Corporation 3801 Carson Avenue Evans, Colorado 80620 970-506-9272 Office 970-506-9276 Fax 970-539-4473 Cell CEggleston@petd.com This email, including attachments, may include confidential and/or proprietary information, and may be used only by the person or entity to which it is addressed. Please do not read, copy or disseminate this communication unless you are the intended addressee. If you received this communication in error, please permanently delete and call (888) 506-9272 immediately and ask to speak to the sender of this communication. Also, please notify immediately via e-mail that you have received this message in error. 01/11/2007 Page 3 of 4 From: Brad Mueller [mailto:bmueller@co.weld.co.us] Sent: Monday, November 27, 2006 3:22 PM To: Carrie Eggleston Subject: RE: USR landowners It looked good to me, but I was waiting to hear from the Attorney's office. I asked last Tuesday; I'll try again. From: Carrie Eggleston [mailto:ceggleston@petd.com] Sent: Monday, November 27, 2006 11:37 AM To: Brad Mueller Subject: FW: USR landowners Brad: Were you able to review this yet? Thanks, Carrie Eggleston Petroleum Development Corporation 3801 Carson Avenue Evans, Colorado 80620 970-506-9272 Office 970-506-9276 Fax 970-539-4473 Cell CEggleston@petd.com This email, including attachments, may include confidential and/or proprietary information, and may be used only by the person or entity to which it is addressed. Please do not read, copy or disseminate this communication unless you are the intended addressee. If you received this communication in error, please permanently delete and call (888) 506-9272 immediately and ask to speak to the sender of this communication. Also, please notify immediately via e-mail that you have received this message in error. From: Carrie Eggleston [mailto:ceggleston@petd.com] Sent: Tuesday, November 14, 2006 3:26 PM To: 'Brad Mueller' Subject: RE: USR landowners Brad: Please review the attached letter and let me know your thoughts. The letter has a mail merge attached to it so I hope you can still open it. If you have any problems opening, please let me know and I can scan it and email it to you. Upon approval from you, we will forward the letter to the landowners. Before mailing, I would like to discuss the map to assure that we are properly notifying everyone. Thank you, Carrie Eggleston Petroleum Development Corporation 3801 Carson Avenue Evans, Colorado 80620 970-506-9272 Office 970-506-9276 Fax 970-539-4473 Cell 01/11/2007 Page 4 of 4 • CEggleston@petd.com This email, including attachments, may include confidential and/or proprietary information, and may be used only by the person or entity to which it is addressed. Please do not read, copy or disseminate this communication unless you are the intended addressee. If you received this communication in error, please permanently delete and call (888) 506-9272 immediately and ask to speak to the sender of this communication. Also, please notify immediately via e-mail that you have received this message in error. From: Brad Mueller [mailto:bmueller@co.weld.co.us] Sent: Thursday, November 02, 2006 9:35 AM To: Carrie Eggleston Cc: Brad Mueller Subject: USR landowners Carrie, I'm glad we were able to connect after our many attempts. Hopefully we can help you get your oil and gas USR application jump started, with the additional information that we discussed. You should send a letter to all of the landowners within the limits of the existing USR-646, as indicated on the attached map. The letter should include the following language: Petroleum Development Corporation is seeking to amend an existing Use by Special Review permit that applies to State Parcel No. 0803-33-000010, but also incorporates a portion of your land. (Use by Special Review Permit No. USR-646 for oil and gas uses was approved by Weld County on December 20, 1984.) The proposed amendment to USR-646 will not affect your land or the rights under the existing USR permit, but as a landowner under the USR, we request that you return this letter with your signature to indicate your acceptance that PDC may process an amendment to the USR. If you do not respond by the date of the Weld Planning Commission hearing, tentatively planned for February 6, 2006, or object at that hearing, your agreement to the amendment will be assumed. Carrie, if you would like me to look at a final draft of this letter before you send it to landowners, please let me know. Thank you, Brad Mueller Weld County Planning Services 970-353-6100 x3572 01/11/2007 oak November 14, 2006 «First_Name» «Last_Name» «Company_Name» «Address_Line_1» «Address_Line_2» «City», «State» <<ZIP_Code» RE: Hungenberg 13-33 and 14-33 wells Township 6 North,Range 65 West, 6th P.M. Section 33: W/2SW/4 Weld County, Colorado r Dear«First Name» «Last_Name»«Company Name»: Petroleum Development Corporation (PDC) is seeking to amend an existing Use by Special Review (USR) permit, Permit No. USR-646 approved December 20, 1984 for oil and gas uses. The existing USR incorporates all or a portion of your lands. The portion that PDC is requesting to amend applies only to State Parcel No. 0803-33-000010 owned by Paul D. Hungenberg and Michael B. Hungenberg covering the W/2SW/4 of Section 33 of Township 6 North, Range 65 West. The proposed amendment to USR-646 will not affect your land(s) or the rights under the existing' USR permit. However, as a landowner under the existing USR, PDC would like to inform you of the proposed amendment to the lands that are currently owned by the Hungenbergs. Therefore, PDC is requesting that you return a copy of this letter with your signature to indicate your acceptance that PDC may process an amendment to the USR. If you do not respond by the date of the Weld County Planning Commission hearing, tentatively planned for February 6, 2007, or object at that hearing, your agreement to the amendment will be assumed. Thank you for your assistance in this matter. If you have any questions, please do not hesitate to give us a call. Sincerely, Carrie Eggleston Landman AGREED TO and ACCEPTED this day of November, 2006 «First Name» «Last_Name»«Company_Name» «First_Name» «Last_Name» Page 1 of 2 Brad Mueller From: Bruce Barker Sent: Friday, August 25, 2006 9:50 AM To: Brad Mueller Subject: RE: Overlapping USRs I agree with your statement of procedure. Let me know if you would like me to review the letter before it goes out. Bruce. From: Brad Mueller Sent: Wednesday, August 23, 2006 7:33 AM To: Bruce Barker Cc: Brad Mueller Subject: Overlapping USRs Bruce, About a month ago you and I had a conversation about the scenario of overlapping USRs (see correspondence below). Based on a follow-up phone conversation, I understood the following resolution, which is what our office has discussed with a couple applicants: It is not necessary to have all surface landowners from a USR be signatories to an amended USR application affecting only a portion of the USR area, only that of the landowner in question. However, applicants are required to send a letter to all owners indicating that an amendment to the existing USR is proposed. The letter should indicate that they are to return the letter with their signature. Because some owners may not cooperate --the scenario we discussed --the letter should also indicate that if they do not respond by the date of the Planning Commission hearing, or object at that hearing, then their agreement to the amendment will be assumed. Can you verify that this is what we discussed? We'd like to get written confirmation from you before we proceed, since we now have a couple situations like this. Brad Original e-mail "Sometimes (often?)we get USR applications for land that is already subject to a USR. In these cases, we either: 1)amend the existing USR permit, or 2)vacate the other while simultaneously creating a new one. A variation on this that sometimes happens is when the new USR request falls on only a PORTION of an existing USR permit area. Usually the same two options are available. We now have a situation where the proposed USR falls on a portion (maybe 1/8th)of an area covered by an existing USR. However, the existing USR covers literally a couple dozen parcels under different ownerships. (It's an Oil and Gas application.) To amend the existing clearly would take the agreement and participation of the 2 dozen other owners. Which would be tough, or at least messy . . . So the second option of vacating a portion of it seems preferable. However, vacating a portion also has the effect of changing the original USR permit (i.e., making it smaller) and the vested right associated with it. Therefore, we would typically still require some acknowledgement of all the landwoners -- if not signature on the USR mylar, then at least a letter accepting the change. But that would be similarly messy in this case, and it's very possible some owners wouldn't cooperate (or be 09/20/2006 Page 2 of 2 availabe or easy to track down). So the question is -- is it allowable to vacate a portion of the existing USR having only the landowner whose land is affected involved? While it's only a processing question, unfortunately we can't get the application up and running without resolving the issue, because we don't know how to title the file. So any help or direction you could give would be very appreciated. If we need to talk or meet about this for further explanation, please just let me know. Brad 09/20/2006 Page 1 of 1 Brad Mueller From: Brad Mueller Sent: Monday, July 17, 2006 1:28 PM To: Carrie Eggleston Cc: Brad Mueller Subject: Hungenberg oil & gas USR Carrie, I understand that you are on vacation this week; I hope you enjoyed yourself. Please call when you have a chance to dig out after your return. I have finally been able to determine the correct processing requirements for the application you submitted, with the help of staff and the attorney's office. As you may be able to discern, we have not faced exactly this scenario before. As you know, there are many multiple owners as part of the existing USR. Our attorney has determined that, while it is not necessary to have all be signatories to the application or,when completed, the final USR plat. However, you are required to send a letter to all owners, indicating that an amendment to the existing USR is proposed. The letter should indicate that they are to return the letter with their signature. Because some owners may not cooperate -- the scenario we discussed --the letter should also indicate that if they do not respond by the date of the Planning Commission hearing, or object at that hearing, then their agreement to the amendment will be assumed. Names and addresses of the affected property owners can be compiled through the Assessor's Office. I can assist you in getting a copy of the existing USR plat, which was recorded on 12/20/84 at Reception No. 01992701. Also, I'd be happy to review the letter you prepare prior to your mailing, to ensure it covers everything. We certainly acknowledge that you have been diligent in addressing the potential violation on the site that first initiated this violation. Thank you for your patience while we have sorted out the administrative requirements; I will be happy to help you in any way so that we can now again continue forward with your request. I look forward to speaking with you. Brad Mueller Weld County Planning 07/17/2006 Page 1 of 1 Brad Mueller From: Brad Mueller Sent: Friday, July 07, 2006 7:30 PM To: Bruce Barker Cc: Brad Mueller Subject: Process interpretation Bruce, Staff asked me to approach you with this question. Sometimes (often?)we get USR applications for land that is already subject to a USR. In these cases, we either: 1)amend the existing USR permit, or 2) vacate the other while simultaneously creating a new one. A variation on this that sometimes happens is when the new USR request falls on only a PORTION of an existing USR permit area. Usually the same two options are available. We now have a situation where the proposed USR falls on a portion (maybe 1/8th) of an area covered by an existing USR. However, the existing USR covers literally a couple dozen parcels under different ownerships. (It's an Oil and Gas application.) To amend the existing clearly would take the agreement and participation of the 2 dozen other owners. Which would be tough, or at least messy . . . So the second option of vacating a portion of it seems preferable. However, vacating a portion also has the effect of changing the original USR permit (i.e., making it smaller)and the vested right associated with it. Therefore, we would typically still require some acknowledgement of all the landwoners -- if not signature on the USR mylar, then at least a letter accepting the change. But that would be similarly messy in this case, and it's very possible some owners wouldn't cooperate (or be availabe or easy to track down). So the question is -- is it allowable to vacate a portion of the existing USR having only the landowner whose land is affected involved? While it's only a processing question, unfortunately we can't get the application up and running without resolving the issue, because we don't know how to title the file. So any help or direction you could give would be very appreciated. If we need to talk or meet about this for further explanation, please just let me know. Thanks, Brad 07/07/2006 Page 1 of 1 Brad Mueller From: Brad Mueller Sent: Monday, June 26, 2006 1:41 PM To: ceggleston@petd.com Cc: Brad Mueller; Ann Siron Subject: Oil and gas USR Carrie, Thank you for speaking with me today concerning your application. As we discussed, the site of your application -- parcel 0803 33 000010 -- is located within an existing USR permit that spans multiple properties. After additional review of the existing permit and area, there are numerous owners involved (a couple dozen). There are two possibilities for processing this application. In order to amend the existing permit, all of the land owners invovled would need to be notified, and possibly be signatories on the USR documents. Alternatively, to vacate a portion of the existing permit in order to establish a new permit on the site, it is also possible that all of the landowners may need to be notified. However, there is also a chance that only the affected landowner--your leasee --could be the only one needing noticing. In order to resolve this final question, I will need to do additional research on the original permit and have discussion with the County Attorney's Office. Because of this, at this time we cannot consider this application a complete application, and as such, a hearing date for this cannot be determined. I will attempt to resolve this matter as quickly as possible, please continue to contact me with questions as we work through this matter. Brad Mueller Weld County Planning 970-353-6100 x3572 06/26/2006 Hello