HomeMy WebLinkAbout20052669.tiff WAIVER OF NOTICE AND CERTIFICATION
REGARDING MINERALS
THIS WAIVER OF NOTICE AND CERTIFICATION REGARDING
MINERALS is made and entered into this a t day of August, 2005, by and between
MIKAL TORGERSON ("Torgerson"), and PAUL BAIAMONTE ("Baiamonte").
RECITALS
A. Torgerson is the owner of the real property legally described on Exhibit A
attached hereto and incorporated herein by reference ("the Property").
B. Baiamonte is the owner of one-half of all oil, gas, and other minerals in, on,
under, or upon, or that may be produced from the Property ("the Baiamonte Mineral
Estate"). Torgerson is the owner of the remaining one-half of all oil, gas, and other
minerals in, on, under, or upon, or that may be produced from the Property ("the
Torgerson Mineral Estate").
C. Baiamonte has not sold, transferred, conveyed or assigned any of the
Baiamonte Mineral Estate to any other person or entity.
D. Torgerson has submitted an application for development to Weld County
requesting approval of a residential subdivision on the Property.
NOW, THEREFORE, the parties hereto agree as follows:
1. Pursuant to C.R.S. § 24-65.5-103(5), Baiamonte hereby waives his right to
notice of the initial public hearing and all subsequent public hearings on the application
for development of the Property submitted by Torgerson.
2. Baiamonte has no objection to the application for development of the
Property submitted by Torgerson.
3. Pursuant to C.R.S. § 24-65.5-104(3), Torgerson hereby certifies to Weld
County that as the surface owner of the Property he has fully complied with C.R.S. § 24-
65.5-103 or C.R.S. § 31-23-215, and no mineral estate owner has provided to Torgerson
written notice of the nature of any objection such mineral estate owner may have to
approval of the development application submitted by Torgerson for the Property.
E IBIT
2005-2669
Dated this 6 I day of August, 2005.
/
Mikal S. Torgerson
Paul Baiamonte
EXHIBIT A
A parcel of land situate in the South half of Section 32, Township 8 North, Range 66
West, of the 6th P.M., County of Weld, State of Colorado, being more particularly
described as follows:
Considering the South line of Section 32 as bearing South 90°00'00" West and with all
bearings contained herein relative thereto:
Commencing at the Southeast corner of said Section 32; thence along the South line of
said Section 32, South 90°00'00" West 1628.90 feet to the TRUE POINT OF
BEGINNING of this description; thence North 00°11'06" East 354.42 feet; thence North
02°35'43" East 128.58 feet; thence North 16'14'50" East 207.46 feet; thence North
27°35'11" East 209.73 feet; thence North 28°16'50" East 388.32 feet; thence North
20°46'27" East 99.58 feet; thence North 10°05'09" East 131.01 feet; thence North
08°43'16" East 181.80 feet; thence North 11°31'34" East 81.93 feet; thence North
08°08'03" East 79.74 feet; thence North 10°41'13" East 423.30 feet; thence North
17°46'50" East 64.92 feet; thence North 22°32'42" East 442.52 feet; thence North
90°00'00" West 1497.74 feet; thence South 12°45'36" East 1356.44 feet; thence South
00°00'00" West 1329.32 feet; to a point on the South line of said Section 32; thence
along the South line of said Section 32 North 00°00'00" West 1069.91 feet to the TRUE
POINT OF BEGINNING of this description. The above described parcel contains 76.87
acres, more or less.
Page 1 of 4
Kim Ogle
From: Lee Morrison
it: Tuesday, August 02, 2005 2:35 PM E HIT
To: Kim Ogle I
Subject: FW: Change of Zone application
see item Three, the issue of the well located on Lot 8
Let D. 14044:404...
Assistant Weld County Attorney 915 10th St.,PO Box 758
Greeley, CO 80632 (970)356-4000 x 4395: FAX 352 0242
This e-mail contains confidential and/or privileged information. If the reader is not the intended recipient,please reply and delete your copy of
this message."
From: Mikal Torgerson [mailto:mikal@architex.comj
Sent: Wednesday, July 20, 2005 3:31 PM
To: Kim Ogle
Cc: mikal@architek.com; Lee Morrison; Monica Mika
Subject: Re: Change of Zone application
r
.i, I wanted to respond to your email regarding the Torgerson PUD. I have keept your comments in italic.
Given that the NWCWD Board meeting for this proposed project will occur on July 25, 2005 thereby determining if
water and/or a water agreement may be available and/or agreement ratified presents an issue to this office in
allowing staff to complete their comments in time for the July 26, 2005 mailing. This is insufficient time for staff to
complete their review of this application, therefore staff will be asking the Planning Commission for a minimum one
month continuance thus providing staff the opportunity to complete their comments.
I spoke with Alan Overton regarding this issue. He assures me that there is no problem with the water agreement,
and that it will be on your desk by July 22nd. He further informs me that NWCWD never takes these water
agreements to their board prior to the COZ approval!
There are also a few housekeeping issues to be completed. The Mineral Agreement is based on a form that is no
longer recognized as the State Statute has been amended. As to form this document will at a minimum require the
insertion of a line that states "Baiamonte waives notice of hearing." You should contact your attorney for additional
requirements as warranted.
I will get the new language signed by Paul Baiamonte immediately.
Two, the Pierce Lateral shall be contacted to verify that an agreement will not be required from Torgerson or the
Ditch Company. There was no evidence of correspondence in the submitted materials. This document shall be
produced and submitted to this office, or staff will stipulate in comments that the application not move forward to the
ward of County Commissioners for determination of this proposed development.
The Pierce Lateral Ditch Company was contacted, and responded that they would require a 30' easement from the
center line of their ditch. A copy of this letter was submitted with our application. Since our Eastern most property
line is over 40' from the center line of their ditch, this is clearly not an issue associated with our project.
08/03/2005
Page 2 of 4
Three, the issue of the well located on Lot 8 shall be provided. What will the use of the well be and who will control
the water associated with this tap.
well will be sold with Lot 8 and will be used to irrigate up to one acre of land or water animals as allowed by the
well permit.
Four, the plat will require amendment to delineate the bus pull off area, the mail box pedestal and the location of the
bus shelter for school age children. Further, given that this development is within one quarter mile of an existing
subdivision, staff will require urban scale development, which at a minimum would be pavement, curb and gutter.
The Department of Public Works in their referral is requesting at a minimum two 12-foot paved travel lanes with 4-
foot gravel shoulders.
Sec. 27-2-190. Urban scale development.
Urban scale developments are developments exceeding nine (9) lots and/or located in close proximity to
existing PUDs, subdivisions, municipal boundaries or urban growth corridors and boundaries. All urban scale
developments shall pave the internal road systems of the development. Urban scale development requires support
services such as central water, sewer systems, road networks,park and recreation facilities and programs, and
storm drainage. This definition does not affect or apply to those coordinated planning agreements between the
County and municipalities which are in effect as of May 14, 2001. (Weld County Code Ordinance 2001-1)
The Torgerson PUD does not exceed nine lots and is 2142'-9 5/8" or nearly a half mile from the nearest subdivision
which is the Griffith Minor Subdivision which has four lots. In addition as was mentioned in our paving variance
request, it is nearly three miles from the Torgerson PUD to the nearest paved road which is State Highway 14. It is
also worth noting that the Griffith PUD was developed by an entirely different developer than the Torgerson PUD.
One developer causing another developer to have to install excessive infrastructure would seem to present parity
issues.
:t relates to the bus pull off, during the planning for the Griffith PUD, my office contacted the local school district
who informed me that since the cul de sac radius is wide enough to allow the bus to turn around, they would not
require a separate bus pull of area. Perhaps given the fact that you describe the mail box pedestal and the location of
the bus shelter for school age children being added to the plat as a "house keeping item"this could be a condition of
approval, and be done at the final.
Sec. 1-2-40. Usage of terms.
All words and phrases shall be construed and understood according to the common and approved usage of the
language; but technical words and phrases and such others as may have acquired a peculiar and appropriate
meaning in law shall be construed and understood according to such peculiar and appropriate meaning. (Weld
County Codification Ordinance 2000-1)
Websters Dictionary defines Close as: having little space between items or units. It defines Proximity as: the quality
or state of being proximate. They further define proximate as: very near. Therefore, the common use of the language
"Close Proximity"would not consider a project nearly a half a mile away from another to "have little space between
them", or have "the quality or state of being proximate".
Five, there appears to be the ability of the mineral interest party the ability to mine the property. By statute, minerals
may be extracted in locations outlined by State Statue and per the COGCC regulations. Staff may require 400x400
feet drill envelopes to be placed on the plat. Staff will defer comment until the applicant submits documentation.
It is unclear to me what additional documentation is being requested, however given the fact that a 28.54 acre open
space tract is being developed as a part of this PUD, the mineral rights owners had absolutely no concerns about their
Sty to mine the property. The idea of drill envelopes was discussed with Mr. Biamonte, but he did not feel that
they were needed.
Please submit these documents in a timely fashion, such that comments may be prepared. Should documents not be
08/03/2005
Page 3 of 4
provided a minimum of two weeks prior to the September 6, 2005 hearing, staff may ask for a second continuance.
f's request for a continuance will be based on the above noted issues . Staff will request a continuance until
September 6, 2005.
Given the fact that you will have the water agreement from North Weld Water by Friday, I would request that this
item not be continued. As you will recall, I met with Michelle of your staff for the sole purpose of establishing
submittal dates and corresponding hearing dates on April 28th. At that time, she told me that if I submitted on or
before May 11th, that I would be scheduled on the July 5th hearing. Unfortunately it was later decided that my
project would have to be continued until the August 2nd hearing. I respectfully request that this project maintain the
August 2nd hearing date, as I believe that the issues not fully addressed by this correspondence would be
appropriately dealt with as conditions of approval.
Thanks,
Mikal Torgerson
Kim Ogle wrote:
Mikal
The Department of Planning Services accepted your proposed Torgerson PUD Change of Zone
application with the understanding that a formalized water agreement would be forthcoming. In
completing the due diligence for this case, staff contacted the water district of record, in this
— case North Weld County Water District to inquire as to whether an agreement was in place.
Representatives from NWCWD informed this office that an agreement was not in place and
further, that the payment was received July 8, 2005 as the initial payment submitted in May was
returned.
Given that the NWCWD Board meeting for this proposed project will occur on July 25, 2005
thereby determining if water and/ or a water agreement may be available and/ or agreement
ratified presents an issue to this office in allowing staff to complete their comments in time for
the July 26, 2005 mailing. This is insufficient time for staff to complete their review of this
application, therefore staff will be asking the Planning Commission for a minimum one month
continuance thus providing staff the opportunity to complete their comments.
There are also a few housekeeping issues to be completed. The Mineral Agreement is based
on a form that is no longer recognized as the State Statute has been amended. As to form this
document will at a minimum require the insertion of a line that states "Baiamonte waives notice
of hearing." You should contact your attorney for additional requirements as warranted.
Two, the Pierce Lateral shall be contacted to verify that an agreement will not be required from
Torgerson or the Ditch Company. There was no evidence of correspondence in the submitted
materials. This document shall be produced and submitted to this office, or staff will stipulate in
comments that the application not move forward to the Board of County Commissioners for
determination of this proposed development.
Three, the issue of the well located on Lot 8 shall be provided. What will the use of the well be
and who will control the water associated with this tap.
Four, the plat will require amendment to delineate the bus pull off area, the mail box pedestal
and the location of the bus shelter for school age children. Further, given that this development
08/03/2005
Page 4 of 4
is within one quarter mile of an existing subdivision, staff will require urban scale development,
which at a minimum would be pavement , curb and gutter. The Department of Public Works in
their referral is requesting at a minimum two 12-foot paved travel lanes with 4-foot gravel
shoulders.
Five, there appears to be the ability of the mineral interest party the ability to mine the property.
By statute, minerals may be extracted in locations outlined by State Statue and per the COGCC
regulations. Staff may require 400x400 feet drill envelopes to be placed on the plat. Staff will
defer comment until the applicant submits documentation.
Please submit these documents in a timely fashion, such that comments may be prepared.
Should documents not be provided a minimum of two weeks prior to the September 6, 2005
hearing, staff may ask for a second continuance.
Staff's request for a continuance will be based on the above noted issues . Staff will request a
continuance until September 6, 2005.
Thanks
Kim Ogle
Planning Manager
Department of Planning Services
918 Tenth Street
Greeley, CO 80631
970 353 6100 x 3540 Telephone
970 304 6498 Facsimile
08/03/2005
Page 1 of 7
Kim Ogle
From: Mikal Torgerson [mikal@architex.com]
Sent: Thursday, August 18, 2005 1:37 PM
To: Kim Ogle
Cc: TorgersonPUD@architex.com; Lee Morrison; Monica Mika
Subject: Re: [Fwd: RE: Torgerson PUD]
Kim,
I spoke to Ms. Pavelika of the Colorado Oil and Gas commission again today to request a letter from her
confirming that no drilling envelops are required in the area of the Torgerson PUD. She laughed at
Weld County Planning Departments unfamiliarity with the rules they apply, but suggested that rather
than waste her time writing a letter that I pass on a summary of their rules to you. Please see attached. I
believe that written documentation has been forwarded satisfying the remaining four conditions. If you
would please schedule the hearing with the county commissioners as soon as possible, it would be
appreciated.
Mikal
(]x coccc
n m
Policy on Staff Administrative Application of the
Greater Wattenberg Area Special Well Location Rule 318A.
WHEREAS, the Colorado Oil and Gas Conservation Commission (the "COGCC") adopted
Rule 318A. after notice and hearing, effective May 30, 1998, as a special well location rule for
wells drilled, twinned, deepened, recompleted or commingled to any Cretaceous Age formation
which are located in the Greater Wattenberg Area ("GWA") defined as Townships 2 South to 7
North, Ranges 61 West to 69 West, 6th P.M.; and
WHEREAS, questions regarding the interpretation and proper application of Rule 318A. have
arisen since the rule was adopted which require clarification; and;
WHEREAS, COGCC staff has consulted with GWA area operators regarding the technical
application of Rule 318A. in order to formulate the policies contained herein.
NOW THEREFORE in order to provide COGCC staff and GWA operators consistent guidance
on the application of Rule 318A. regarding the requirements for administrative approval of
Applications for Permits-to-Drill, Deepen, Re-Enter or Recomplete and Operate ("APD") for
wells located within the Greater Wattenberg Area, the Commission hereby approves and
adopts the following policy to administer the provisions of Rule 318A.
(1 EXHIBIT
08/18/2005
Page 2 of 7
Existing Commission Orders
1. Rule 318A.f. states that it supersedes the COGCC Orders that existed on its adoption that
affected GWA wells. As the title to the Rule states, Rule 318A. is a well location rule and
supersedes existing COGCC Orders in effect at the time of adoption only to the extent the
existing Orders relate to permissible well locations. COGCC Orders in effect when Rule 318A.
was adopted still apply with respect to the size of drilling and spacing units applicable to the
completed formations.
•
Well Spacing and Production Allocation
2. Rule 318A. is not intended to establish well spacing. Accordingly, when an area is
unspaced, Rule 318A. does not space the area, but instead provides the permissible location
for any new Cretaceous Age formation well.
3. Rule 318A. does not affect production allocations for wells. An operator may reallocate
production in accordance with applicable lease and contract terms, subject to the provisions of
Rule 318A.e. recognizing owners' rights to apply to the Commission to resolve correlative
rights issues.
Surface Locations
4. Rule 318A. does not limit the number of wells drilled or the number of formations completed
in any GWA drilling and spacing unit. It is however the general intent of this policy to limit the
number of future and existing wellsites to five (5) per quarter section. A wellsite may have one
(1) or more existing surface locations. When application of the policy would otherwise result in
forcing a new well to be drilled outside of a GWA drilling window, the Director shall give
consideration to granting a variance.
5. Rule 318A.c. provides for the drilling of a new, twinned well when an existing well cannot be
utilized for deepening or recompletion, but does not define twinned wells. Rule 318A.c. shall be
interpreted to apply to surface locations only.
6. Prior to the approval of any Application for Permit-to-Drill submitted for a GWA well, COGCC
staff shall examine the proposed surface location in accordance with the following criteria:
a. A new surface location shall be approved in accordance with COGCC rules when (i)
no surface location exists within the GWA drilling window and there is no existing surface
location outside of and attributed to the GWA drilling window; or (ii) the new surface
location is less than 150' from an existing surface location in or attributed to the GWA
08/18/2005
Page 3 of 7
drilling window.
b. When the operator is requesting a new surface location greater than 150' from an
existing surface location, the operator shall notify the surface owner in writing that the
Commission's policy provides the opportunity for the surface owner to object. If the
surface owner does not object in writing within 20 days of the operator's advisory, or if
the surface owner indicates in writing that they do not object, the Director may approve
the location administratively. Otherwise, the operator may request the Director or the
Commission to grant a 502.b. variance.
Bottomhole Locations and Unit Designations for Permitting Purposes
THE COMMISSION FURTHER RECOGNIZES AND FINDS that the following Bottomhole
Locations and Unit Designations, further defined on the attached illustration, shall be
considered permissible well locations or exception well locations for which APDs shall be
administratively approved in accord with the purpose and intent of the Rule:
Bottomhole Locations
Rule 318A.a.(1) (400'by 400'in the center of 14 %_section]
Well Location - Permissible under Rule 318A.
Unit Designation - When completing wells in the Cretaceous Age formations where
spaced, operators shall designate drilling and spacing units in accordance with the
spacing order. When completing wells in the Cretaceous Age formations where
unspaced, operators shall designate drilling and spacing units not smaller than a
governmental quarter-quarter section.
Rule 318A.a.(2) (800'by 80W in the center 4 section/
Well Location - Permissible under Rule 318A.
Unit Designation - When completing wells in the Cretaceous Age formations, whether
spaced or unspaced, operators shall either (i) designate drilling and spacing units in
accordance with spacing orders where units are not smaller than a governmental quarter
section, or (ii) form a voluntary drilling and spacing unit consisting of a governmental
quarter section, or (iii) where designating a drilling and spacing unit smaller than a
governmental quarter section, secure waiver(s) from the operator or owners toward
whom the well is proposed to be moved; or (iv) apply to the Commission for permission
to form an alternate unit or to respace the area.
08/18/2005
Page 4 of 7
Waiver Requirement
Well Location —Wells completed in the Cretaceous Age formations not located in the
400' X 400' window or in the 800' X 800' window shall be considered exception locations.
Locations inside of the square or rectangular area defined by connecting the exterior
boundaries of the 400' X 400' windows within a drilling and spacing unit shall be
administratively approved when waivers are submitted in accordance with Rule 318.c. or
when a letter from the operator is submitted attesting that no waivers are required under
Rule 318.c. Locations outside of the square or rectangular area defined by connecting
the exterior boundaries of the 400' X 400' windows within a drilling and spacing unit shall
be administratively approved when waivers are submitted in accordance with Rule 318.c.
Unit Designation — See Rule 318A.a.(2) above.
THE COMMISSION FURTHER FINDS that this policy is not intended to restrict operators from
applying to the Director or Commission for approval to complete Cretaceous Age formation
wells in a manner that differs from these described herein.
ADOPTED AND EFFECTIVE THIS 2e DAY OF APRIL, 1999.
Kim Ogle wrote:
Mikal
This office requires all documentation to be in a written format as
evidence. Given that you have spoken to Ms. Pavelika, regarding this
issue to be addressed prior to proceeding to the Change of Zone hearing
before the Board of County Commissioners. Staff will forward this case
upon receipt of this information and written evidence from the
appropriate referral agency, that the following issues have been
addressed.
Thank you in advance for your efforts and timely response.
1. Prior to scheduling a Board of County Commissioners hearing:
A. The applicant shall either submit to the Department of
Planning Services a copy of an agreement with the properties mineral
owners and lessees stipulating that the oil and gas activities have
adequately been incorporated into the design of the site or indicate the
400' x 400' and the 800 ' x 800 ' drilling envelope locations per state
statute. (Department of Planning Services)
B. Application materials indicate that limited large animal
activity will be allowed for horses only. Unless otherwise requested,
per Section 23-1-90 of the Weld County Code this Planned Unit
Development 1 (one) animal unit per acre would be allowed. If the
intent is to further limit the number of animal units, information must
be submitted indicating the numbers and type of animals that will be
allowed. Animal units may also be further regulated through the
08/18/2005
Page 5 of 7
covenants. (Department of Planning Services)
C. The applicant shall provide written evidence as to the
use of the Well permitted under permit number 224564, for this proposed
development. The applicant shall submit evidence of ownership and use
of the well. The ownership and use of the well shall be reviewed by the
County Attorney' s office with written evidence of approval from the
County Attorney' s office be provided to the Department of Planning
Services. (Department of Planning Services)
D. The applicant shall either submit to the Department of
Planning Services a copy of an agreement with the Pierce Lateral Ditch
Company stipulating that the ditch activities have adequately been
incorporated into the design of the site or provide evidence that Ditch
Company concerns have been mitigated. (Department of Planning Services)
E. The applicant shall provide written evidence as to how
the "landscape" treatment will be watered until established.
(Department of Planning Services)
Kim Ogle
Planning Manager
Southwest Weld Service Center
4209 CR 24.5
Longmont, CO 80505
720 .652.4210 extension 8730 T
720.652.4211 Facsimile
kogle@co.weld.co.us
Original Message
From: mikal@frii.com [mailto:mikal@frii.com]
Sent: Friday, August 12, 2005 11:33 AM
To: Bill
Cc: Kim Ogle
Subject: Re: [Fwd: RE: Torgerson PUD]
Kim,
As Bill mentioned in his email to you. I spoke to a representative of
the Oil and Gas Commission who informed me that that law simply doesn't
apply to our area. If you would like to call her, her name is Linda
Pavelka and her number is 303-894-2100. It is ludicrous to require us
to prove that you are applying laws that are not applicable.
As for the well and lot 8, I think Bill mistated our intent. The well
will be sold with lot 8 and will be the property of lot 8 not the HOA.
There will be a covenant, however, that will require lot 8 to water the
two trees until established which should only take a year or two. If we
need to have this reviewed by the county attorney prior to the county
commisioner hearing, we will simply remove the two trees from our
landscape plan as it could well take months to get a call back from the
attorneys office.
If you would please schedule the county commisioner meeting as soon as
possible it would be appreciated.
Mikal
08/18/2005
Page 6 of 7
Thank you for your reply. Additional information that will be
beneficial prior to the Board of County Commissioners hearing includes
written evidence from Oil & Gas Commission so stating position on
drill envelopes.
Second, provide a copy of the water agreement from Lot 8 to the HOA
for the purposes of irrigation. This document to be reviewed by the
County Attorney prior to BCC. Thanks.
Kim Ogle
Planning Manager
Department of Planning Services
918 Tenth Street
Greeley, CO 80631
970 353 6100 x 3540 Telephone
970 304 6498 Facsimile
Original Message
From: Bill [mailto:bill@architex.com]
Sent: Tuesday, August 09, 2005 1:16 PM
To: Kim Ogle
Subject: Torgerson PUD
Kim,
I writing you to address a few of the outstanding issues facing the
Torgerson P.U.D. project. We intend to put into the HOA covenants
language that will limit the large animals that can be kept on the
property to horses as allowed by county regulations.
Also we intend to sell the well located on Lot 8 to the owner of Lot 8
with the agreement that the well will be used to irrigate the
landscaping trees located in the open space at the front of the
project.
Also we spoke with Linda Pavelka of the State of Colorado Oil and Gas
Commission about the drilling envelopes you requested. She informs us
that Townships 7North through 2South are subject to the Watenburg Rule
r-.
08/18/2005
Page 7 of 7
which requires the 400'x400 ' and 800 'x800' drilling envelopes.
Township 8North which the Torgerson PUD falls within does not have
such a requirement as it falls within the state spacing rules. As
such, Linda recommends against us placing any drilling envelopes on
the site.
If you have any questions or comments please feel free to contact me
at
970-416-7431 or by email at this address.
Thank you,
Bill Mesaros
MTA
970-416-7431
08/18/2005
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