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HomeMy WebLinkAbout840312.tiff RESOLUTION RE: APPROVAL OF USE BY SPECIAL REVIEW FOR OIL AND GAS PRODUCTION FACILITIES - PETROMAX ENERGY CORPORATION WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 28th day of March, 1984 , at the hour of 2 : 00 o' clock p.m. in the Chambers of the Board for the purpose of hearing the application of Petromax Energy Corporation, 14 Inverness Drive East, Englewood, Colorado 80112 , for a Use by Special Review for oil and gas production facilities on the following described real estate, to-wit: Part of the SW4, Section 25 , Township 6 North, Range 66 West of the 6th P .M. , Weld County, Colorado WHEREAS , Section 24 . 4 . 2 of the Weld County Zoning Ordinance provides standards for review of said Use by Special Review, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the re- quest of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence pre- sented in this matter, and having been fully informed, finds that this request shall be approved for the following reasons : 1 . The submitted materials are in compliance with the application requirements of Section 24 . 7 of the Weld County Zoning Ordinance. 2 . It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24 . 4 . 2 of the Weld County Zoning Ordinance as follows : a. The proposal is consistent with the Weld County Comprehensive Plan. Industries such as oil and gas production require locations adjacent to their resources. The mineral extraction industry is, therefore, restricted in its operation to those areas where the resources exist. b. The proposal is allowed as a Use by Special Review in the Residential Zone District and will be con- sistent with the intent of the district. The subject Residential Zone District is used for agricultural production and is not part of a platted subdivision for residential use. The LHR 175 840 312 Page 2 RE: USR - PETROMAX production facilities have been sited so as to minimize the loss of prime agricultural land. c. The uses permitted will be compatible with the existing surrounding land uses. The surrounding land uses are agricultural in nature except for River View Subdivision which is singe family residential over five hundred (500) feet to the west of the wellhead tank battery location. d. No overlay districts affect the site. e. Use by Special Review Operation and Design Stan- dards provide adequate protection of the health, safety and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the application for a Use by Specail Review for oil and gas production facilities on the hereinabove described parcel of land be, and hereby is , granted subject to the following conditions: 1 . The attached Standards for Use by Special Review be adopted and placed on the Use by Special Review plat prior to recording. 2 . No building or electrical permits shall be issued for the Use by Special Review Permit area until the Stan- dards for the Use by Special Review have been placed on the Use by Special Review plat and the plat has been delivered to the Department of Planning Services office. 3. The applicants shall apply for building permits for the tank batteries . 4 . Prior to any building permits being issued for the Use by Special Review area, the applicants shall sub- mit and receive approval of an irrigation water- tailwater control plan for the proposed construction site to the West Greeley Soil Conservation District. Evidence of such a plan shall be submitted to the De- partment of Planning Services. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of March, A.Qre, 198/4 /t i� ' LAA.vC t`i,€AFA:: BOARD OF COUNTY COMMISSIONERS ATTEST: LD COUNTY,,COLORADO Weld County Clerk and Recorder �L1�/eos (AYE) and Clerk to the Boar4 Norman Carlson, Chairman //1� ,--4e/6_\/ _ od (NAY) - Deputy County ler]S/ J. qu ine J hnson, Pro-Tem APPRVED TO FORM: 1l /Lr (AYE) Gene R. antner EXCUSED ounty Attorne iii yk Carlscan /ht;-'176..K, (AYE) n T. Martin ( 040284 OPERATION STANDARDS Petromax Energy Corporation U.S.R. - 612:84:8 1. The uses permitted shall be an oil and gas production facility as described in the submitted application materials and as located on the submitted Use by Special Review plat map. 2. Colorado Noise standards (C.R.S. 25-12-101, et seq.) must not be exceeded. 3. The tank battery cluster shall be designed and landscaped to meet the following minimum standards: - The tank battery cluster shall be located as identified on the Use by Special Review map; - The tank battery site shall be bermed to contain the greatest amount of liquid that can be released from the largest tank within the bermed area, assuming the tank is full; - A six (6) foot chain link fence with a three (3) strand barbed wire top shall enclose the tank battery cluster area; - The body of all tank batteries shall be painted in earth tone colors. The tank batteries shall be maintained in a neat and orderly manner through periodic painting and maintenance; - Only low profile tank batteries, a maximum of ten (10) feet in height shall be used in conjunction with the oil and gas production facilities; - The tank batteries shall be placed on a one and one-half (11) foot gravel or concrete pad, three (3) feet below ground level; - Fencing and painting shall be completed thirty (30) days after the installation of the first tank battery. 4. In the event that a Final Plat Subdivision Application is submitted within the subject Use by Special Review area to the Weld County Planning Department or City of Greeley Planning Department, the Operation Standards and conditions of U.S.R. 612:84:8 shall be reconsidered through the Use by Special Review application process. The intent of this standards is to review the appropriateness of tank battery locations and landscaping and not the proposed use. 5. Upon cessation of the permitted use, the tank battery and all associated equipment shall be removed by the applicant or owner and the land reclaimed to its prior use. 6. All produced brine water shall be transported to approved disposal sites. 7. The proposal shall comply with all Eaton Fire Protection District requirements. 8. Only hydraulic electric type pumps shall be used in conjunction with the oil and gas production facilities. 9. The applicant shall comply with the design standards for the Use by Special Review, Section 24.5 et seq. , of the Weld County Zoning Ordinance. 10. The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24.6 et seq. , of the Weld County Zoning Ordinance. Operation Standards Petromax Energy Corporation U.S.R. - 612:84:8 Page two 11. -Representatives or members of the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the site at any reasonable time in order to insure the operations carried out on the site comply with the Operation Standards stated hereon and all applicable Weld County Regulations. 12. The Use by Special Review area shall be limited to the plans shown hereon and governed by the Standards as stated above and all applicable Weld County -Regulations. Any material deviations from the plans, and/or Standards as shown or stated above, -shall require the approval of an amendment o₹ the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 13. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners. 14. Prior to commencing drilling, the operator shall submit a copy of a policy of insurance in the amount of five hundred thousand dollars ($500,000.00) insuring the applicant and the County against all claims or causes of action made against either or both the applicant and the County #or damages to persons or property arising out of the drilling, maintenance, production or other work done with respect to such proposed oil or gas well. Such policies shall be written by a company authorized to do business in the State of Colorado. Evidence of the insurance policy shall be filed with the Department of Planning Services. In case the insurance policy required shall lapse or become void for any reason whatsoever, the Use by Special Review Permit shall cease to exist until a new insurance policy shall be provided and filed with the Department of Planning Services. All well activity shall be shut—down and all operations and production thereof shall be suspended and discontinued, consistent with safety consideration, until the operator provides evidence of insurance in the prescribed amount. 15. Hazardous substances (including quantities of oil in excess of one hundred twenty (120) gallons) per C.R.S. 29-22-107(2) (a) shall be listed with the State Health Department, Division of Waste Management and with the Weld County Office of Emergency Management. Evidence of this listing shall be provided to the Department of Planning Services within thirty (30) days after final approval by the Board of County Commissioners. 16. The oil and gas separator shall be set back a minimum of seventy-five (75) feet from the well head and tank battery cluster. 17. A sign with information on who to contact in case of an emergency shall be posted on the Use by Special Review area. No sign shall be visible to adjacent roadways. HEARING CERTIFICATION DOCKET NO. 84-16 RE: USE BY SPECIAL REVIEW, OIL AND GAS PRODUCTION FACILITIRS - PETROMAX ENERGY CORP. A public hearing was conducted on March 28 , 1984, at 2:00 Y.M. , with the following present: Commissioner Norman E-arlson, Chairman Commissioner Jacqueline Johnson, Pro-Tem Commissioner Gene Brantner Commissioner Chuck Carlson - Excused Commissioner John Martin Also present: Acting Clerk to the Board, Tommie Antuna Assistant County Attorney, Lee D. Morrison Planning -Department Representative, Rod Allison She following business was transacted: I hereby certify that pursuant to a notice dated March 12, 1984, and duly published in the La Salle leader on March 15, 1984, in the La Salle Leader, a public hearing was conducted -on March 28, 1984, to consider the request of Petromax Energy Corp. for a Use by Special Review permit for oil and gas production facilities. Lee Morrison, Assistant County Attorney, read this request into the record. Rod Allison, representing the Planning Department, read the favorable recommendation from the Planning Commission into the record. Mr. Allison said there are 14 Operation Standards associated with this pro -Kenneth Lind, Attorney representing the applicant, came forward to present this matter. Mr. Lind said the well has been drilled at this site, but there are no permanent facilities in place. He said the City Planning staff has _reviewed this matter and has recommended approval. Mr. Kissler, the property owner, came forward and answered questions presented to him by Mr. Lind and the Board. Richard Haines, consultant for Tetromax, came forward to offer testimony. After considerable discussion between the Board and Mr. Haines, Mr. Allison requested that condition #5 be changed to Operation Stan- dard -#15 after deleting the words, "prior to final" and inserting the words, "within 30 days of" to replace them. After further discussion, Commissioner Brantner suggested that the Operation Standards be amended to include two additional Standards as follows: #16 - The separator shall be set back a mininnnm of 75 feet from the well-head and the tank battery 75 feet from the well-head or separator; and #17 - Appropriate signsshall be placed at the site indicating who is to be contacted in case of an emergency. -Following discussion, Commissioner Trantner moved to approve the Use by Special Review permit for Petromax Energy Corp. , based upon the recommendation of the Planning Commission, to include the amended conditions and the amended Operation Stan- dards. Commissioner Martin seconded the notion. Commissioner Johnson said she will vote against this proposal and gave her reasons for being opposed to this. Comments were offered by Chairman N. Carlson, Commissioners Martin and Brantner. Mr. Lind made his final comments. The motion carried by the following vote: Chairman N. Carlson, Commissioners Brantner and Martin voted aye. Commissioner Johnson voted nay. APPROVED: • Lc ,; • L h i i 1 BOARD OF COUNTY COMMISSIONERS AI TEST: WELD COUNTY, COLORADO Weld County Clerk and Recorder C�r -- and Clerk to the Board Norman Carlson, Chairman •By: '� � J r' (1' . :" ✓ GQ� Deputy County Clerk Jo que e John o , Pro-Tem Gene R. Brantner EXCUSED TAPE #84-24, #84-_25 & #84-26 Chuck Carlson DOLT #84-16 iilzn,i i• �11nnx/ J T. Martin LHR 175 040284 ATENDANCERECORD DATE: March 28 , 1984 2ODAY ' S HEARINGS ARE AS FOLLOWS: Docket #84-13 , USR, Accessory structure in a Subdivision - BOHLMEYER Docket #84-14 , USR, Expansion of an open-cut wet gravel Pit - ANDESITE ROCK CO. Docket #84-15 , USR, Open-cut wet gravel pit - DAROLIOS CONSTRUCTION CO. Docket #84-1b , USR, Oil & Gas products facilities - PETROMAX ENERGY CORP. -PLEASE write or print legibly your name, address and the DOCKET # (as listed above) or the applicant' s name of the hearing you are attending. NAME ADDRESS HEARING ATTENDING Al Yrna toy 60uJr /.2 /V - We / (r, rfai3 �, _ j5, 4-k ()v /4 / g/vs- el! rt i3 /O ,ypvrnr 5I 9 - / - /OwAL-1) Hipp • s ,s c , .korti /V'oL -s Jf2/?sPY(02_0 v S� Q4// o S /e//lie-/4 A/Ail 8- /- /- IC jern 2 M f w Ci�.,el 6 ( °S 4_ . �kir 3e(c /1v«> c )9-1 At.- i"._„ S,5i , - pic% a44 f/.z_iA/ t lit'if //N L/2J// /'b' 64 ft Affidavit of Publication STATE OF COLORADO. 1 ss. County of Weld. 1 1. ``'-- 1.. 5 ��_Q,o.A-P,✓l of LEGAL NOME said County a! Weld. being duly sworn, say that ICE ass!Dm bhaher sl Pursuant tar We J of Colorado and t C the State �n,�/�r�t mmN2on- • Ql. 6ir"ebi fetridtert"...4;5;714411:"4":Cieeek9;teldelc:IuliCaollel: taethat thesame is c weekly newspaper of generalnry Wpcirculation printed end published in thettary,,{�'/ t/� oredo,at the Bate, .Mp•Col- town al '•�✓`-s� ��� - In say me r Into use Bin in said county-and state: that the notice or odver- al SllerNRetye.an regteeM to v 'moment. of which the annexed is a true copy. may be ' - "tut has been published in said weekly newspaper BE rr-ALSOKNOW9l Mrs and for / consecutive �"nt CommWIdn mayTe sum ry hrd -weeks: that thr ranee was published in the the 4nthe Ceeofeu regular and entire issue of every number of said towns Comm CNd'rotM Bocord wrd of newspaper during the penod and time of pubii Weld Cwnry-cM say M M' cation of said -notice and in the newspaper mWoStmat•Thlyd trbor,G,..i..Coo proper and not in a supplement thereof: that the DOCNET first-publication of said notice was contained in "a- ;11 - the issue of s�i>d, wspaper bearing date th_ >'� NT ../C day of ✓ /)cVt. 4C.- o � PeeomnlECatenation ten tion A..^,.. I. 14 ket En aria the lost publication thereof, in irh�.yaue or , 9le"'o°d•CaloraM seta aid,tae cooper 62-4-ref--. dote,/tthhe i+!_� day at DATE:March 28,1989 w c'�`-- ., i9 that the the/,/r said TIME:2:00 V.M. �l °/� , e 6, oeLe � a d 955 pr:pse By$ lal Review CHI (, P` n eat Peroducaon bcrBtin !/ -LEGAL DESCRIPTION has been published continuously and minurrupb edly during the period of at least fifty-two con- Pan of the SW�p,Secuon q6,Torvnahlr sec-alive weeks next prior to the first issue thereof 6 North, Rage 66 Wert of the 6th P.M.,Web County.Colorado, containing said notice or advertisement above referred to; and that said newspaper was at the BOARD OFCOUNTy time of each of the publications of said notice. 'WELD CO NO�MMISb10NER$ duly qualified for that purpose within the mean- ing of an act, entitled. ••An Act Concerning Legal -COUNry CLERRY ANNPEUERSTEIN CLLE KTo THE BOARD Notices, Advertisements and Publications. and -AND C1.E.RK To THE BOARD the Fees of Printers and Publishers thereof, and BY:M to Repeal all Acts and Parts of Acts in Conflict ns•-R•iB,Deputy DATED:March II 198* with the-Provisions of this Act.•• approved April 7. 1921, and all amendments thereof, and particu- Peeliehed M the L Salk leader lorly as amended by an act approved, March 30. tai°'bas•.Merck 15,19M. ��I an act approved 1 IE. 1931. Publisher Subscribed a d sworn to before day of A-D.. 19 71Ile�p e/ My comm g ustan expires 1�— d3' ELIZABETH MASSEY Notary Public -22019 W.C.RD. -54 GREELEY, CO $Q63 f -y A...davit of Publication STATE OF COLORADO ss. County of Weld, Lynne S. Longwell of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY DAILY TRIBUNE,and THE GREELEY REPUBLICAN that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive (days) ); that the notice was published in the regular and entire issue of every number of said - 'r newspaper during the period and-time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said -+a f` ., notice was contained in the issue of said newspaper Itrt4 1* >z bearing date Seventeenth t day of March A.D. 198 and the last publication thereof; in the issue of said e . newspaper bearing date the Seventeenth day of March A.D. 1984 * -p that said The Greeley Daily Tribune and The Greeley Republican, has been published continuously and ''"' uninterruptedly during the period of at least six " .4.44 xta months next prior to the first issue thereof contained said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. T-Tarch 17,198'1- Total Charge: $13.05 Advertising Clerk , Subscribed and sworn to before me this 17 day of March A.D. i-9 84- 7 p MY mission spires q� Itcorn fission expires iRS dan'14 1 ) i // z ���'ajar NQfsv'y Public NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center., 915 10th Street, Greeley, Colorado, at the time specified. All persons in any manner interested in the Use By Special Review are requested to attend and may be heard. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. DOCKET NO. 84-16 APPLICANT Petromax Energy Corporation 14 Inverness Drive East Englewood, Colorado 80112 DATE: _March 28 , 1984 -TIME: 2 : 00 P.M. • REQUEST: Use By Special Review - Oil and gas production facilities LEGAL DESCRIPTION Part of the SW4, Section 25 , Township 6 North, Range 66 West of the bth P.M. , Weld County, Colorado -BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO IY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy DATED: March 12 , 1984 PUBLISHED: March 15 , 1984 , in the LaSalle Leader DATE : Marc 12 , 1984 X rO: The Board of County Commissioners Weld County, Colorado ROM: Clerk to the Board Office rommiEsioners: If you have no objections, we have tentatively set the following hearings for the 28th day of March, 1984 , at 2 :-00 P .M. Docket #84-13 - Martin and Jeanette Bohlmeyer, USR-Accessory structure over 1 , 500 square feet in -a subdivision Docket #84-14 - Andesite Rock Company, USR-Expansion of an open-cut • wet gravel pit Docket #84-15 - Dakolios Construction Company, USR-Open-cut wet gravel pit Docket #84-16 - Petromax Enerav Corporation, USR-Oil and aas pro- duction facilities • OFFICE 9F TH-E CLERIC Q THE BOARD � BY: ,' (c ,<r -1 ,11!) G2---Le:Jpeputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 0 xY7YlN • ' - .2 1 KENNETH F. LIND THE LAW BUILDING GEORGE H. OTTENHOFF 1011 ELEVENTH AVENUE P.O.BOX 326 ATTORNEYS AT LAW GREELEY, COLORADO 80632 TELEPHONE(303)353-2323 January 13, 1984 r*cT Board of County Commissioners ,JAN Weld County 1 3 1984 , 915 Tenth Street .3 Greeley, Colorado 80631 GREG y Coto Re: Temporary Oil and Gas Production Facilities Dear Chairman Carlson: On behalf of Petromax Energy Corporation this office would like to inform you that we have commenced preparation of a Use by Special Review for oil and gas production facilities to be located in the Southwest one quarter of Section 25, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado. This property is located south of Seely Lake and is currently zoned R-1. -The purpose of this letter is to request a short meeting with you at your work session scheduled for January 16, 1984 as it involves a problem which needs your attention and consideration. A well has been drilled in the Southwest Quarter by Petromax, and I have advised Petromax that no permanent tank batteries or other structures can be installed until their Special Use Permit application has been reviewed and approved. Petromax is well aware of that requirement and has not done or commenced any type of work which would be in violation of the Use By Special Review procedures or other County zoning ordinances. I have informed Petromax that the mere drilling of a well is not a violation of zoning ordinances, but that installation of permanent production facilities without a Special Use Review would be a violation. What we are requesting that you review is a request by Petromax to use on-site frac tanks to receive test production from the well. The frac tanks have been and are currently being used to frac the well, and it is the opinion of Petromax that a test of the well after fraccing is necessary for their financing program, as well as a determination of the type of storage facilities and to answer other production questions both for Petromax as well as for their financiers. As the facilities are only for temporary use, it is my opinion that a Building Permit is not necessary. We assume that the production testing of the well will result in the need for permanent production facilities to be located on the site, and that is the reason we have commenced the application for a Special Use Review. All connections would be above ground and would be located approximately 75 feet north of the wellhead. The wellhead is located 100 feet north of Weld County Road 65 which means that the test production tanks and facilities would be approximately 175 feet north of Weld County Road 64. I have asked a representative of Petromax to be present at your Monday meeting as I will be unable to attend to answer any questions which you may have. Additionally, we wanted to alert you to the plans of Petromax so that the same does not interfere with the request for Use by Special Review for the 1, Board of County Commissioners January 13, 1984 Page Two permanent oil and gas production facilities. Additionally, while the frac tank use is only temporary I felt that it was necessary for your review and consideration of this matter. I have advised Petromax that while they apparently do not need a Building Permit for the temporary facilities, it was also my opinion that these temporary facilities should not be installed without a brief review by the Board of County Commissioners to avoid future problems as it does seem that even though the use of the frac is only temporary and does not need a Building Permit it does appear to be within the definition of oil and gas production facilities as contained in the zoning ordinance. I thank you in advance for your attention in this matter, and I hope that the request by Petromax for the temporary facilities can be honored while at the same time preserving the intent of the County zoning ordinance and special procedure review guidelines. It is my opinion that the use of these temporary facilities will not violate any ordinance or zoning procedure and yet allow the testing of the well so that financing is not jeopardized. Again, thank you for your attention and cooperation. Very truly yours, LI & TENH F enneth . L' d KFL/cg L/cg BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Jack Holman that the following resolution be introduced for passage by the Weld County Planning Commission. Be it Resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR 612:84:8 NAME: Petromax Energy Corp. ADDRESS: 14 Iverness iDrive -East, Englewood, CO, 80112 REQUEST: Use by Special Review for Oil and Gas Production Facilities in an R-1 Zone District. LEGAL DESCRIPTION: Part of the SW1 Section 25, T6N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: North of the City of Greeley; North of Weld County Road 64 and -East of Weld County Road 35. be recommended favorably to the Board of County -Commissioners for the following reasons: 1. The submitted materials are in compliance with application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 24.3. 1 et seq. of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the Weld County Comprehensive Plan. Industries such as oil and gas production require locations adjacent to their resources. The mineral extraction industry is therefore restricted in its operation to those areas -where the resources exist; - The proposal is allowed as a Use by Special Review in the residential zone district and will be consistent with the intent of the district. The subject residential zone district is used for agricultural production and is not part of a platted subdivision for residential use. The production facilities have been sited -so as to minimize the loss of prime agricultural land; - The uses -permitted will be compatible with the existing surrounding land uses. The surrounding 1-and uses are agricultural in nature -except for River View Subdivision which is single family residential over five hundred (500) feet to the west of the wellhead tank battery location; - No overlay districts affect the site; - Use by Special Review Operation and Design Standards provide adequate protection of the health, safety and welfare of the neighborhood and County. 'The Planning Commission recommendation for approval is conditional upon the following: 1. The attached Standards for Use by Special Review be adopted and placed on the Use by Special Review plat prior to recording. 2. No -building or electrical permits shall be issued for the Use by Special Review Permit area until the Standards for the Use -by Special -Review have been placed on the Use by Special Review plat and the plat has been delivered to the department of Planning Services office. USR 612:84:8 Petromax Energy Corporation March 6, 1984 Page two 3. The applicants shall apply for building permits for the tank batteries prior to the -Board of County Commissioners hearing. 4. -Prior to any building permits being issued for the Use by Special Review area, the applicants shall submit -and receive approval of an irrigation water—tailwater control plan for the proposed construction site to the West Greeley Soil Conservation District. Evidence of such a plan shall be submitted to the Department of Planning Services. 5. Hazardous substances (including quantities of oil in excess of one hundred twenty (120) gallons) per C.R.S. 29-22-107(2) (a) shall -be listed with the St-ate Health Department, Division of Waste Management end with the Weld County Office el Emergency Management. Evidence of this listing shall be provided to the Department of Planning Services prior to final -approval by the Board of County Commissioners. Motion seconded by: -Louis Rademacher Vote: For Passage Abstain Against Passage Bill McMurray Sharon -Linhart Doug Graff Paulette Weaver Louis Rademacher Jack Holman Bob Ehrlich The Chairman declared the Resolution passed and ordered that a certified copy be forwarded with the file of this case to the -Board of County Commissioners for _further proceedings. CERTIFICATION OF COPY I, Bobbie Good, Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on March 6, 1984 and recorded in Book No. IX of the proceedings of the said Planning Commission. Dated the 7th day of March 1984. Qintist... . Cr ell Secretary OPERATION STANDARDS Petromax Energy Corporation U.S.R. - 612:84:8 1. The uses permitted shall be an oil and gas production facility as described in xhe submitted application materials and as located on the submitted Use by Special Review-Plat map. 2. Colorado Noise standards (C.R.S. 25-12-101, et seq.) must not be exceeded. 3. The tank -battery cluster shall be designed and landscaped to meet the following minimum standards: - The _tank battery cluster shall be located as identified on the Use by Special Review map; - The tank battery site shall be harmed to contain the greatest amount of liquid that can be released from the largest tank within the bermed area, assuming the tank is full; - A six (6) foot chain link fence with a three (3) strand barbed wire top shall enclose the tank battery cluster area; - The body of all tank batteries shall be painted in earth tone colors. The tank batteries shall be maintained in a neat and orderly manner through periodic painting and maintenance; - Only low profile tank batteries, a maximum of ten (10) feet in height shall be used in conjunction with the oil and gas production facilities; - The tank batteries shall be placed on a one and one-half (11/2) foot gravel or concrete pad, three (3) feet below ground level; - Fencing and -Painting shall be completed thirty (30) days after the installation of the first tank -battery. 4. In the -event that a Final plat Subdivision Application is submitted within the subject Use -by Special -Review area to the Weld County Planning Department or City of Greeley -Planning Department, _the Operation Standards -and conditions of U.S.R. 612:84:8 shall be reconsidered through the Use by Special Review application process. The intent of this standards is to review the appropriateness of tank battery locations and landscaping and not the -Proposed use. 5. Upon cessation of the permitted use, the tank battery -and all associated equipment shall be removed by the applicant or owner and the land reclaimed to its prior use. 6. All produced brine water shall be transported to approved disposal sites. 7. The proposal shall comply with all Eaton Fire Protection District requirements. 8. Only hydraulic electric type pumps shall be used in conjunction with the oil and gas production facilities. 9. The applicant shall comply with the design standards for the Use by Special Review, Section 24.5 et seq. , of the Weld County _Zoning Ordinance. 10. The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24.6 et seq. , of the Weld County Zoning Ordinance. Operation Standards Petromax Energy Corporation U.S.R. - 612:84:8 Page two 11. Representatives or members of the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the site at any reasonable time in order to insure the operations carried out on the site comply with the Operation Standards stated hereon and all applicable Weld County Regulations. 12. The Use by Special Review area shall be limited to the plans shown hereon and governed by the Standards as stated above and all applicable Weld County Regulations. Any material deviations from the plans, and/or Standards as shown or stated above, shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 13. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners. 14. Prior to commencing drilling, the operator shall submit a copy of a policy of insurance in the amount of five hundred thousand dollars ($500,000.00) insuring the applicant and the County against all claims or causes of action made against either or both the applicant and the County for damages to persons or property arising out of the drilling, maintenance, production tr other work done with respect to such proposed oil or gas well. Such policies shall be written ty a company authorized to do business in the State of Colorado. Evidence of the insurance policy shall be filed with the -Department of Planning Services. In case the insurance policy required shall lapse or become void for any reason whatsoever, the Use by _Special Review Permit shall cease to exist until a new insurance policy shall to provided and filed with the Department of Planning Services. All well activity shall be shut-down and all operations and production thereof shall be suspended and discontinued, consistent with safety consideration, until the operator provides evidence of insurance in the prescribed amount. Date: March 6, 1984 CASE NUMBER: USR 612:84:8 NAME: Petromax Energy Corp. ADDRESS: 14 Iverness Drive East, Englewood, CO, 80112 REQUEST: Use by Special Review for Oil and Gas Production Facilities in an R-1 Zone District. LEGAL DESCRIPTION: Part of the SWz 25-6-66 o{lthe 6th F.M. , Weld Slounty, Colorado LOCATION: North of the City of Greeley; North of WCR 64 and East of WCR 35. THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with application requirements of -Section 24.7 O1 the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services staff that the applicant has shown compliance with Section 24.3.1 et seq. of the Weld County Zoning Ordinance as follows: The -proposal is consistent with the Weld County Comprehensive Plan. Industries such as oil and gas production require locations adjacent to their resources. The mineral extraction industry is therefore restricted in its operation to those areas where the resources exist. The proposal is allowed as a Use by Special Review in the residential zone -district and will be consistent with the intent of the district. The subject residential zone district is used for agricultural production and is not part of a platted subdivision for residential use. The -production facilities have been sited so as to minimize the loss of prime agricultural land. - The uses permitted will be compatible with the existing surrounding land uses. The surrounding land uses are agricultural in nature except for River View Subdivision which is single family residential over 500 feet to the west of the wellhead tank battery location. - No overlay districts -affect the site. - Use by Special Review Operations and Design Standards provide ade-quate protection of the health, safety and welfare of the neighborhood and County. The Department of Planning Services staff recommendation for approval is conditional upon the following: 1. The attached Standards for Use by Special Review be adopted and placed on the Use by Special Review plat prior to recording. 2. No building or electrical -permits shall be issued for the Use by Special Review Permit area until the Standards for the Use by Special Review have been placed on the Use by Special Review plat and the plat has been delivered to the Department of Planning Services office. 3. The applicants shall apply for building permits for the tank batteries prior to the Board of County Commissioners hearing. 4. Prior to any building permits being issued for the Ilse by Special Review area, the applicants shall submit and receive approval of an irrigation water-tailwater control plan for the proposed construction site to the West Greeley Soil Conservation District. Evidence of such a -plan shall be submitted to the Department of Planning Services. 5. Hazardous substances (including quantities of oil in excess of 120 gallons) per C.R.S. 29-22-107(2) (a) -shall be listed with the State Health Department, Division of Waste Management and with the Weld County Office of Emergency Management. Evidence of this listing shall be provided to the Department of Planning Services prior to final approval by the Board of County Commissioners. OPERATION STANDARDS iPetromax Energy Corporation U.S.R. — 612:84:8 1. The uses permitted shall be an oil and gas production facility as described in the submitted application materials and as located on the submitted U.S.R. plat map. 2. Colorado Noise standards (C.R.S. 25-12-101, et. seq.) must not be exceeded. 3. The tank battery cluster shall be designed and landscaped to meet the following minimum standards: - The tank battery cluster shall be located as identified on the Use ty Special Review map. - The tank battery site shall be bermed to contain the greatest amount of liquid that can be released from the largest tank within the termed area, assuming a full tank. - A six (6) foot chain link fence with three (3) strand barb wire top shall enclose the tank battery cluster area. - -The body of all tank batteries shall be painted in earth tone colors. The tank batteries shall be maintained in a neat and orderly manner through periodic painting and maintenance. - Only low profile tank batteries, a maximum of ten (10) feet in height shall be used in conjunction with the oil and gas -production facilities. - The tank batteries shall be placed on a one and one-half foot gravel or concrete pad, three (3) feet below grouna level. Fencing and painting shall be completed thirty (30) days after the installation of the first tank battery. 4. In the event that a Final Plat Subdivision Application is submitted -within the subject Use by Special Review area to the Weld County Planning Department or City of Greeley Planning Department, the Operation Standards and conditions of U.S.R. 612:84:8 shall be reconsidered through the U.S.R. application process. The intent of this standards is to review the appropriateness of tank battery locations and landscaping and not the proposed use. 5. Upon cessation of the permitted use, the tank battery and all associated -equipment shall be removed by the applicant or owner and the land reclaimed to its prior use. 6. All produced brine water shall be transported to approved disposal sites. 7. The proposal shall comply with all Eaton Fire Protection District requirements. B. Only hydraulic type pumps shall be used in conjunction with the oil and gas production facilities. 9. The applicant shall comply with the design standards for the Use by Special Review, Section 24.5 et seq. , of the Weld County Zoning Ordinance. 10. The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24.6 et seq. , of the Weld County Zoning Ordinance. Operation Standards Petromax Energy Corporation U.S.R. — 612:84:8 Page two 11. Representatives or members of the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the site at any reasonable time in order to insure the operations carried out on the site comply with the Development Standards stated hereon and all applicable Weld County Regulations. 12. The Use by Special Review shall be limited to the plans shown hereon and governed by the Standards as stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Standards as shown or stated above shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 13. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners. City of GREELEY CIVIC CENTER. GREELEY, COLORADO 80631 (303) 353-6123 Greeley February 29 , 1984 James R . Mayerl , Current Planner Weld County Dept . of Planning Services 915 10th Street Greeley , CO 80631 Dear Mr . Mayerl : The Greeley Planning Commission reviewed the request by Petromax Energy Corporation for a Use by Special Review to permit oil and gas production in an R-1 district on property located northeast of 35th Avenue and " 0" Street ( County Road 64) . The Commission recommended no objections to the oil and gas use on the property subject to the following stipulations : 1 ) The wellheads and tank battery installation comply with the City' s 300 foot setback from " 0" Street ( County Road 64) ; 2) Effectively screening the tank battery installation through the use of berming and/or landscaping ; and 3) Restricting pumping units to hydraulic type pumping units if needed in the future . Thank you for the opportunity to review and comment on this application . If you have any questions with regard to this matter , please do not hesitate to contact our office . Sincerely , • Ken McWilliams City Planner KM :vlp LAND USE APPLICATION SUMMARY SHEET Date: March 6, 1984 CASE NUMBER: USR 612:84:8 NAME: Petromax Energy Corp. ADDRESS: 14 Inverness Drive East, Englewood CO 80112 REQUEST: Use by Special Review Permit for Oil and Gas Production Facilities in an R-1 zone District LEGAL DESCRIPTION: Part of the SW1, Section 25, T6N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: North of the City of Greeley, North of WCR 64 and East of WCR 35 SIZE OF PARCEL: 160 acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this proposal is listed in Section 24.3 of the Weld County Zoning Ordinance. The Staff has not yet received the City of Greeley's recommendation regarding this proposal. The Department of Planning Services has not received any objections regarding this application. Petromax has already drilled a well in the west half of the southwest quarter of Section 25. They apparently did not realize the need for a Use by Special Review Permit when drilling in an "R-l" (Residential-One Zone District. FIELD CHECK FILING NUMBER: USR-612 _DATE OF INSPECTION: February 27, 1984 — NAME: Petromax Energy, Inc. _ REQUEST: A Use by Special Review Permit for Oil and Gas Production Facilities in an "R-1" Zone District LEGAL DESCRIPTION: Part of the SW1, Section 25, T6N R66W of the 6th P.M. , Weld County LAND USE: N Agricultural production E Crop production and two arm_residences ._ S Weld County Road 64. farm residence and agricultural production W Agricultural production and Weld County Road 35 ZONING: N R-1 LOCATION: North of the City of Greeley; E p,gricultural north of Weld County Road 64 and east of S Agricultural Weld County Road 35 W_ R-1 COMMENTS: Access to the subject site is from Weld County Road 64, a paved road. The site slopes to the south. There are farm residences to the south and east which are approximately 500 feet from the drilling site. River View Subdivision is also approximately 500 feet from the drilling site. The well has already been drilled and two tank batteries are already on site. BY: s " . Maye Y�urreirt Planner JRM:rj g • :,..*/ _ ,0.:c: a,• • t 4----4. S , [ . ° 1. �, • • • r •!* • `ice/,•[: •' .nq•N �. �[ N/l r"11 • i) • •• .1. b�`�a '/� • 1I, 3 • q f.�4..1 I1I\ 11• V e•I)• ' •• • 27 • • • • • 1. ' � • •a �•••'`• • •)(E.]. _ _ •. A !• . 1 ,I • lu •, • •I• • a" 1aat 1 • [• LUCERNE 1•, •cwwa) =e n•'] v tau n ; •• vum •] N•nOn Seeley • dI • n • L•• [S /hf 1 D ICI , N It•qt/ uwav a . . , . 7, \ is, allik LI \\Igil: lo ar I _salL.r .-\--"i al - - W-13 :17 (ThirritliikaAtillkil ' I 1 \ • •ri, .._in ipp; EMI IhhIN• Let: I LI- r ag''''' '1�yRDEN CITY 1 ii pi • •, .• . 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L III(-f I J �I ''T � J�_I J 11 3 1 1 ~ n BM t t ��� F�nkh • 'I �� I I. \ �.L, .,. _Il'L66� I.,—..sri ". .. a e. i ,I r - I 1 , 6� liV • Mir 't IL & 1 C n • ^ cry rB •147 Ir r4660 JI ill II 3' 31- 4H6 • I J� ��'e� I� I �1 y ri II 4564 i1 8. o �Ij9t 'et � ., .r � Im „I�,,,,,,, _ �'I !E ��i :I sin �.wits,;‘,..,?— ' 7 . ..�- y -,j.�--Rt '+t�''* ,k �'•s 7` �, �" +'+�'v `;+ ,k, y r :: c .. i;f Y4.4.,,s".,0),•.—.1443t4 ... --..x,,,,-..t e ' , c 3� YYf .w a ' o t. -4.g - b . r .4,2. , : , - •� y %Liii'yYN1 }�M$Yri 1 • w ® f, Y ,W . n;cY. h a+'4 rte,,ay. ,Y:nf.ghn.. 'Y ht i, }I ,, xf„ a 'Earn UN %t. k"41.911 ,≤ a� i < r/ F N\j� ) ` 4 bt I' a h b . .ai`F em M • ;IV;f1 Fyl Sr !!� --.44.44-.4 �7T)b A vy i l+�.�i\ - 4i, ��'L r y' lbT .,.w ".^r.. _ �fjl YrITRL'� 1 L. -. ., 41,4; y ._.. Y v c -. It , r.. A,..- ,,,.„- .., ,,,,,,,YT tiff, ' € to •±^C l.w # ,'; it .,: 4* ' w ! 10^ T h .�,8 kF.,� ... - • 4 1f ok'd` •a K. .r.'Y , s a l"' it. ' :at-- :� r 'sue c .� iC r - to �` . 5y 'r 'r be iiin \ rir- TN rl ' ,4X, f Y • 1 y .4 M1 a 4 J i\ {' �dr Y �3 �, awry• ii��" ;S L • r- 9 iJ # .; ,- V lit 3 ` J J I 44 J 5t • g�r..—aY+ Y' qq'�. jA i 7 �3 w� .,.' ' �' .•� .F.'.)�! x b( r .-� �1 , (. REFERRAL LIST APPLICANT: Petromax Energy Corporation CASE NUMBER: USR 612 SENT REFERRALS OUT: 2-7-84 REFERRALS TO BE RECEIVED BY 2-24-84 m m z z m o m o H M H .C W H O W z O U 02 O "W') W £ VWi7 COi O W U W 0 WO a 0 a W 0 0 a W 0 Z m W Z Z W Z County Attorney (plat only) Greeley Civic Center 919 7th Street _ i Weld County Health Department Greeley, CO 80631 X ATTN: Ken McWilliams Engineering Department XX Soil Conservation Service County Extension Agent X 4302 9th Street Road Greeley, CO 80634 Colorado Geological Survey 1313 Sherman Street Sharon Linhart _ Room 703 Office of Congressman Hank Denver, Colorado 80203 Brown 1015 37th Avenue Court X � Greeley, CO 80631 X Energy Management Specialist Communications Dept. Eaton Fire Protection District Weld County, CO Rt. 2, Box 152 Eaton, CO 80615 State Engineer Colorado Department of Division of Water Resources Natural Resources 1313 Sherman St. , Room $1.8 Oil and Gas Commission Denver, Colorado 80203 1313 Sherman Street Denver, CO 80203 State Highway Department 1420 2nd Street Greeley, Colorado 80631 Colorado Department of Health Water Quality Control Division 4210 East 11th Avenue Denver, Colorado 80220 United States Soil ����;) Department of Conservation 4302 W. 9th St. Rd. , Greeley, CO 80634 \ / Agriculture Service Milt Baumgartner, Pres. West Greeley Soil Conservation District P. 0. Box 86 Greeley, CO 80632 February 22 , 1984 Dear Milt: I reviewed the Weld Co. referral for Petromax Energy Corp. for a Use by Special Review Permit for oil and gas production facilities in an R-1 Zone to be located in the SWc of Section 25 , T6N, R66W in Weld County, north of County Road 64 and east of County Road 35. The i -e Ls locaLed i an area that is - ,i on or H5Y. nil . loam. 1-3% slopes and 15% Kim Loam, 3-57. slopes. Contrary to the statements in the presented materials, the Kim loam, 1-3% slope soil is considered to be prime farmland if irrigated and has a low erosion hazard. The Kim loam, 3-5% slope is not considered prime farmland if irrigated and has a moderate erosion hazard. Aside from the above items, it seems that care is being exercised to mini- mize the effect on the area of consideration. However, there is no mention in the plan as to how irrigation tailwater will be routed around the site or disposed of. At times in past, I have noticed severe erosion problems around this type of facility when improper techniques were employed. I would recommend this plan for approval with the following changes: 1) The soils information on the vicinity map note #3 should be • changed to: Type 32 soil is considered prime farmland when irrigated with an adequate source of irrigation water and has some limitations that reduce choice of crops and requires moderate conservation treat- ment. Type 33 soil has severe limitations that reduce the choice of crops and require special conser- vation practices or both. 2) An indication of how tailwater will be routed and handled around the site. Sincerely, Ronald D. Miller District Conservationist 4RDN/kP , , rr44, ,,,,,;--- CRA( lf vibeTo James Mayerl , Planning Date February 33, 1984 COLORADO From Ron Stow, Environmental Health subject: USR-612:84:8/Petromax Energy - Oil and Gas Production Facilities My comments are: 1. Colorado noise standards (C.R.S. 25-12-101 et. seq.) must not be exceeded. Of concern here are the residential limits of 55 db (A) 7 AM - 7 PM and 50 db (A) 7 PM - 7 AM which could impact persons during the drilling process. 2. Brine water produced at the site during oil and gas production must be disposed of by an approved method - be formation injection, disposal into a commercial brine disposal site, or on-lease (regulated by the Oil and Gas Conservation Commission) . 3. Drilling muds can be used as an agricultural enhancement if applied and disced into sandy soils with landowner consent. Such dumping must not cause nuisance or water quality problems to any adjacent landowner. Weld County Health Department is available to assist persons concerning acceptable dumping practices. 4. Appropriate permits for drilling must be obtained from the Oil and Gas Commission, Denver. RS/br Q 'A LP.: Iy\'.4 �� 1964 i it'31.t u Weld Co.-Planning Commission `r:e4 WELD COUNTY OFFICE CF EMERGENCY MANAGEMENT -ONE(303)356-4000,EXT 4245 OR 353-4224 P.O. BOX 758 GREELEY,COLORADO 80632 hiDe COLORADO Referral Case Number USR-612 Jim Mayerl: Per the application of Petromax Energy Corporation for Use by Special Review, the provisions set forth in Senate Bill No. 172, Colorado Revised Statues 29-22-107(2) (a) stipulate notification of hazard type, location and maximum to th.- ..esignated emergency response authc_ity anc the .,-aste management division of the waste management division of the department of health. If there are any questions, please contact us. S cerely, is and D. Estr ich, Director Weld County Office of Emergency Management cc: Lea Ekman, Emergency Management Specialist luif-_ _ , , � 11 . . ; I ail !I li, , li, C,t ii. it 'Neld Co. Planning 6munnss:u KENNETH F. LIND THE LAW BUILDING GEORGE H. OTTENHOFF 1011 ELEVENTH AVENUE P.O.BOX 326 ATTORNEYS AT LAW GREELEY, COLORADO 80632 TELEPHONE(303)353-2323 February 2, 1984 Weld County Department of Planning Services 915 Tenth Street Greeley, Colorado 80631 Re: Use By Special Review Application Petromax Energy Corporation Gentlemen: Attached to this letter are supporting documents, maps, and fees for consideration by your office of a Use by Special Review Application. Please consider this letter as a part of said Application as it does address certain Application requirements. The Use by Special Review Application concerns one existing drill site in the West Half of the Southwest Quarter of Section 25, a proposed drill site location in the East Half of the Southwest Quarter of Section 25 and associated production facilities for the existing drill site also to be located in the West Half of the Southwest Quarter. The production facilities for the proposed drill site in the East Half of the Southwest Quarter will be located in the Southeast Quarter of Section 25 which is agricultural zoned, and therefore does not require a Special Use Review Application. No permanent structures are located upon the site, except for the fact that the hole created by the oil drilling platform which drilled the well is located in the West Half of the Southwest Quarter. It should be noted that there is no requirement in Weld County for the drilling of a well in an R-1 zoned district; the only requirement is a Special Use Review Application for the associated production facilities. The well was drilled based upon a permit from the State of Colorado Oil and Gas Conservation Commission at the location as designated by the Conservation Commission. In relation to the consistency of the proposal with the Weld County Comprehensive Plan and the intent of the District in which the use is located, it should be pointed out that the Greeley Comprehensive Plan only lists the East side of Seely Lake as a residential area, and the Weld County Comprehensive Plan shows the property to be outside of town growth and residential areas. While this property is zoned R-1 there is currently no residential construction in the immediate area of the well or production facility locations and there are none contemplated to be constructed in the near future. As previously stated, since the Comprehensive Plan of both Greeley and Weld County do not show the areas immediately South of Seely Lake for future growth areas, this proposal is compatible with future development of the area, Weld County Department of Planning Services February 2, 1984 Page Two and the proposal is compatible with existing surrounding land uses which consist of oil and gas well production facilities and agriculture. It should also be noted that the South Platte River and gravel pits are approximately 1/4 mile to the South and a small residential development is located approximately 1/2 mile to the South and West. The proposed and existing sites for the wells and production facilities are not in an overlay district, and great care has been taken in siting the production facilities so as not to interfer with productive agricultural production currently taking place upon the property. The tank batteries have been sited with the input and direction from the landowners as well as tenant farmers, and it is believed that the sites are not only advantageous for future agricultural use but also for future residential growth should that take place. Based upon operation standards, design standards as well as State and County regulations, the health, safety and welfare of the neighborhood and county will be and is currently being met. The use of all existing and proposed sites are for production and storage of gas and related hydrocarbons. The storage facility is designed to hold only the production from the existing well, and it will not hold any production from wells not directly associated with the facilities. The general operation is a wellhead connected by underground line to a heater treater and meter facility along with two holding tanks. The holding tanks receive the liquid hydrocarbons which are separated in the heating process from the gas, and the liquid hydrocarbons are stored in the tank until removed by tanker type trucks. The gas, after leaving the heater plant is then pumped into existing gathering lines for delivery to other locations. There are no users, members, buyers or employees on a regular basis except for occasional maintenance and supervisory personnel as well as occasional crews to rework the drill site. Liquid hydrocarbons are picked up as needed which is on an average of once per week. Domestic sewage facilities, waste areas and removal of debris are not applicable to this Application except as related to the initial drill site and construction operations and of course, all debris, waste and brine water is removed at that time to County approved facilities. The facility is approximately one mile South of the residential neighborhood on the East side of Seely Lake, and therefore there should be no problem with existing residential structures. The drilling operation and fracting operations take approximately two to four weeks for each well, and then production and storage facilities are constructed with their timetable being approximately one week. The production and storage facility will be fenced with high security chainlink fencing and painted in earth colored tones with the tank batteries being low profile to decrease visibility and enviornmental impacts in the area. All the facilities are kept in an extremely neat and clean condition and will be so taken care of in the future. There are no proposed landscaping plans. Additionally, all the tanks Weld County Department of Planning Services February 2, 1984 Page Three are constructed with berms to hold contemplated or expected leak or seepage, and it should be stated that the Eaton Fire Protection District will have the opportunity to view and inspect the structures and learn of their operations for proper fire protection measures. Applicants are willing to cooperate at all times with fire protection personnel in reviewing and keeping the District updated with plans and specifications of the production and storage facilities as well as providing a key to the site. As related to final reclamation, it is expected that the life of the wells will be between six and twelve years and at the time production terminates, the tank batteries and associated facilities can be removed with no damage to the surface thereby allowing continued agricultural production or residential growth should that occur in the distant future. The proposed facilities will be constructed and operated to the highest standard and degree of care possible to avoid unnecessary problems and to insure the health, safety and welfare of the surrounding citizens. As this proposed use is consistent with the orderly development of the County and is directly related to the expanding oil and gas industry in the County which is so vital to the agricultural nature of Weld County, we request that you approve this Special Use Review. Very truly yours, LIND O TENHO F K fieth F. KFL/cg Enclosure USA. SPECIAL REVIEW Department of Planning Services, 915 Tenth Street, Greeley, Colorado Phone -- 356-4000 - Ext. 400 Date Received Case Number Application Checked by Receipt Number Application Fee Receipt Number Recording Fee TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary -- — signature) I (we) , the undersigned, hereby request hearings before the Weld County Planning Commission and the Weld County Board of County Commissioners concerning the pro- posed Special Review Permit of the following described unincorporated area of Weld County Colorado: LEGAL DESCRIPTION OF SPECIALREVIEW PERMIT AREA:Part of SW 1/4 Section 25 T 6 N, R 66 W of the 6th P.M. LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: Section T N, R W (See attached) Property Address (if available) OVERLAY ZONES none PRESENT ZONE R - 1 TOTAL ACREAGE PROPOSED LAND USE 2 drilling sites and 1 oil and gas production facility EXISTING LAND USE agricultural • SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING: • Name: Louise T. & Walter D. Amen Zip $0644 Address: 20482 Weld County Road 75 City }Kersey, C'nlnrnrin Home Telephone # ____ Business Telephone # Name: dip Address: City Home Telephone # Business Telephone # Name Zip Address: City Home Telephone # Business Telephone # AMMXIMPNUMR AUTHORIZED AGENT (if different than above) : Name: Kenneth F. Lind zip 80631 Address: 1011 Eleventh Avenue City Greeley. Colorado__-_ Home Telephone # Business Telephone # 353-2323 Owner(s) and/or lessees of mineral rights on or under the subject properties rof record in the Weld County Assessor's Office: Name: (owners) same as surface fee owners described hpr•einahnve zip Address: City Name: (lessee) Petromax Energy (:orb oration - Address: 14 Inverness Drive East City Englewood, Colnrndn zip 80112 Suite 8L Name: City Zip Address: I hereby depose and state under the penalities of perjury that all llstateme are statements, proposals and/or plans submitted with or contained within this app true and correct to the best of my knowledge. COUNTY OF WELD ) /1/1/1-VCI) , . STATE OF COLORADO ) -Sign ture: R,KNRXxRxxAuthorixed Agent Kenneth F. Lind W7792 Kenneth F. Lind, Attorney y i y day of Febr r 19_8_4____:19_8_4____:Subscribed and sworn to before me this2nd -SEAL NOTARY P LZC My Commission 1011 E(),.‘t7(1l enth Ave ue Gr ley, Cu:3rado August 1�8�res My commission c•rpires� g --' ---- •ev } z en} w•ff',5ta i 't4> .... i " eiolc�` f�f� '4.,.. t.6,‘!. l'i VI ,r�+ %t¢ ' 1n?k' r 1-i� VISt*01 /l^rr\�44 ee ft-ek. :;4 'it. �y�1,f�Ryy{g {/pt+,��,'`� �i �+ +'�'FjI i''! t k- w '�., f,'?7i ..........l.� pv?24i'at' :ai(:k'"s. ., uCLYg[Y1d'2 N: � Ct�'LIr1' 'xi !( t. g .*' Pa ecfr , 3 5 �� DECD 0 1976 • i ..4 ' 14 1 4" 786 a° n V. t ^ Cr Nn L(�1[lG•}.-e1En Am Ca,at... >r .r r. ••• fl_ N • �+/ " - J 1 -1 I State Donnnenlory Fee r 4 uKA t'1 7 DFf 301976 WARRANT)' DEED Si, t 'cry. Ti ; ' " i ` KNOW ALL MEN By THESE PRESENTS, That Carl Leffler and Hattie �.ri S $',�n �y _ Leffler whose address is Route 2, Box 186, Greeley, Ctlo:adc 80631, of t r qr 3.,,,. j the County of Weld and State of Colorado, for the toe-ldernt ion of Ten " {�U� �.)�� .414),.,,‘-f ff , -b Dollars ($10.U0) and other good and valuer le consideration, it hand 44' , � ap T • O paid, hereby sell and convey to Louise T. Amen and Walter D. Amen. as tT F A' ' c7rwa,e9 ai - co-tenants, Route 1, Box 123, Ilitf, Colorado 80735, '.n un.ivided one- n Fi ; ..tSlflltC'ntt r(.•.;' '"• half (1/2) of the following described real estate and property, and to e3 ' bi,441:r;se Mary E. Kistler and Roland A. Kissler, an undivided one-half (1/2) of ▪ x ^ the following described real estate and pr 'petty, as co-tenants, Route ^ �` �""' `: • • 1, Box 185, Kersey, Colorado 80644, of the County ac. We'd and State of r, r #; 44.': j ray r� 0. w • Colorado, situate in the County of Weld and State of Colo:ado. to-wit: ti^ �1 �▪ ar.r y A tract of land situate in Section reenry_•ive (25) ant Section - F� "C,� r e Twenty-six (26), Township Six (6) North, Range Sixty-six (66) West Jr �? < � . It ��yH iB of the Sixth Pr'-,cipa! Meridian more partlularly described as f' ?^p Lk, 41 diiPker%,S ,1 follows: i0 3t,• Y • f ,g7 x, 1 �t� ¢ Parcel 1: All of that part of the Southwest Quarter (SW 1/4) of lb b ` y "� a' ' Section Twenty-five (25) lying North of County Read No. 64 except -� �a that part thereof mote particulery described es follows: 'b *Yf'' r'- . _1 a C Beginning at the Southwest Corner of Section ilenty-five (25); t 'F rl '• ^itr 5'Wirt.Ihj( � f..b} ;ewe s°4 [hence North 84�.73 feet to the center line of County Road No. 64; i V '3 lr • kfi ,''r . -) thence South 75°36' East 1,149.57 fe+t; thence South 74°14' East 1Vt `y, i ' ai(x^' ., P'1 229.32 feet; the.rr, North 00°08' West 31.19 feet to a point on the �.f 7•,� Northerly ri31t-rf-way line of the County Road being the true point ..',0 .t'. 2 ' p .'f,> { of beginning; thence North 00°08' West 735.77 feet to a point 4.00 -.'fit ^`w' �r .;' ` ' feet South of the Southerly line of an existing concrete irrigation err „aEyye 't.“4"e�t ditch; thence South 89° East 167.62 feet; then:• South 02°08' >,r � ^>'7r3/ West 781.84 feet to a point on the Northerly righ--of-weY line of 31//�'' 'E al Y' -, the County Road; thence North 71° West 144.55 feet to the true G y 5' j ^ i ° point of beginning which said tract includes 2.657 acres more or f• 's less and is described in Deed recorded in Book 629, Reception No. t:'.?t 7•4-' 1550570, Weld County Records. W r ,,,+�{ ✓1,t;* yy,}} ' 40::7f �y Parcel 2: All that part of the Southwest Quarter (SW 1/4) of the w,w, x ')4714" Lrv.w r' ar Northwest Quarter (NW 1/4) of Section Twenty-five (25) lying South Fy.+ 7y7SS' "1 <r< r k�f". of County Road No. 35. yc. a #r ,�,� ( r. IL �+� tia� a t ' Parcel 3: All that part of the East One-half (E 1/2) of the '6•+ �s % Northeast Quart,: (NE 1/4) of Section Twenty-six (26), lying South fy 'sw`e. ' t t and West of the fcllowin described line, being center of a r-ad P" " o 8 3} k to-wit: ( ,14 • rO' Beginning et the Southeast Corner of said Northeast Quarter (NE 1/4); IV' rr fa '� rl A'. ; . thence North 14°30' East 1,056.00 feet to the true point of beginning; j7 *^. :^k4.:14-;''', 2 U thence North 86° West 258.00 feet; thence North `9010' Wes: 655.00 iM,W 5"kt' -/t,. 1 feet; thence North 43° West. 363.00 feet; thence North 29°10' Wes[ •,) .er 1. + , �(�1c°)::r is[: a 35'. ^S feet; thence North 11050' West 395.00 feet; thence North 07d "�',. PM xuk� ,v 'rte nt West, 260.00 feet to a point on the North line of said Quarter rEti ria "t• 5 Y' Y Section 30.00 feet East of the Northwest Corner of the last One- �rte`,. ' One- r."- c �2 half (E 1/2) of the Northeast Quarter (NE 1/41 of Section Twenty- 'A '' < ♦'c' x e 714441 six (26). r I ` y)�•:' ' Parcel 4: All that part of the East :ne-half (8 1/2) of the t? - 4.44"•'r' 't"e,'.; Southeast Quarter (°E 1/4) of Section Twenty-six (26), more partic- cp A. t} 7„.t.-. ularly described as follows: 144'0" h' t .444-..0.t11 v !Beginning at the Northeast Corner of the Southeast Quarter (SE t �, �y' a tf.•$:.-.,.., 1/4); thence South 1,2 3.00 feet; thence North 59°15' West 752.00 =4 +lrr.y at --'" ) feet; thence Northerly 932.50 teat to a point on the Northerly line '4' 4f' r` M (1^ F,Sg y ,t of the Southeast Quarter (SE 1/4) 990.50 feet West of the Northeast A 4 ,a ..i ..„ A'.� /.f'ft;-'l Corner of tie Southeast Quarter (SE 1/4); thence East 990.50 feet +Q. 3 s1"4.4 J78 r tie 1/r tS(4 to the true point of beginning. pe( "44P".4;411 y,. „. .t 3 '. }l't "• ry r -re * � ` s3 q Said feu: parcels being an aggregate amount of 218 acres, more or i f y (eglt? . : r lees. 1. it, .. • f + te5 n '*xt � < r , at ill t . >f•,/ . 'If fir ' ; . g", r,42::„. ' L't � , e . f•!;,,,,;•/„....,. v s` $ {a 4z /u r.✓fl y < r / . ,f po _� x ,,''',3 • ii )- +. Z� `.ei ir,r115' 4 Y Ht� a� r ep'.l_. 5,,,::,,,,C41/211,*f 1' , }IIn v , a , ' t , ' 4 ♦r4 ec /� V rz,' (kx• ) r(. ,k14V.; , .,r 8 y fi y'� )� :^ r at r , kb 'r a t � 1. A���`�,l�r. �C,�-�f���)'�r'•R�9+jf,*7• {1 e. , u3'= ,,� �l eY"�A/`'.y� �• �, L' S' )x .� ( tr 1 It„7e, .c, rr p,. 1. r +' W.1 Arm h E d°. tl �C +M1` "�'l'I tit? I47, t+d, Ity dry '%`' �r " �r�y �,,1 yyj iy{�py i'5,pa5 t• y`n'y "(�At 1„et ari -e`"• F. ya cyIL}x J.� 1 l[�.Tps.4i ��, � 4LlY%iF j .i:• r• �. Ei7�l ,,a, 1'°; v: yy, �. j( �1 PM ry �i�r Pe'P y y s1r"ai",iyia (t11 1^\ .xl• f,.yOl'intit 11 ,t� 17C 6.W ,a1 f§y,✓(�y Y•• :f ,e, ?'• 'r a ,1_, Together with one (1) irrigation well, Registration No. 11286, Ke y' kit: • Ailo:eted in the Southwest arter (SW 1/4) of the Southwest Quarter y Aux """J` t.,..1"s it ,� .SW 1,4) of Section Twenty-five (25), Township Six (6) North, Range •r�k .^1tr y,,, r k et ., i Sixty-six (66) Vest of the Sixth Principal Meridian at a point r 'L r -a `:"44A' F 1,300 feet east of the West section line and 630 feet North of the ,..lit t'"*3iha3A . �', :{ • South section line with a priority date of June, 1955. as adjudicated •W '0.,,,„b ,y 41„ in Case W-353 in the Water Court, Water Division I; one (1) irrigation t 1r* xa,a • -?�_.. ' well, Registtation No. 04445, located in the Southeast Quarter a ^ ✓ ' (SE 1/4) of the Southwest Quarter (SW 1/4) of Section Twenty-five j r a2' e "Na - f (25), Township Six (6) North, Range Sixty-six (66) West of the .,471'At {'�'4 ; +': , Sixth 7rincipal Meridian at a point 608 feat North of the South C 1'1°0 " r} kR section line and 1,502 feet East of the West section line with a �t+, ?ru,q, i }• y h priority date of July, 1963, as adjudicated in Case W-353 in the i• of h Water Court, Water Division I; one (1) irrigation well, the rag— .,.>f 1:37. ' istration number now pending, located in the East Half (E 1/2) of 'y.r4 saw ,,,t " r C...1 the Southwest Quarter (SW 1/4) of Section Twenty-five (25), Township '}�n - s.r / t �t Six (6) North, Range Sixty-six (66) West of the Sixth Principal ' S1 �` ,yc/i``{" xF Meridian at a point 2,113 feet East of the West section line and +s.) s� i�a;"' z• 4- c °wl 1.320 feet North of the South section line with a priority date of $ e 4 N {, May, 1955, as adjudicated in Case W-353 in the Water Court, Water 'r�,p N R Division I; one (1) irrigation well located in the Northwest I ft N, tr ♦ Quarter (NW 1/4) of the Southwest Quarter (SW 1/4), Section Twenty- F,`r i L S` ...1`44:c$41 $1'•v4 kc five (25), Tovnuhip Six (6) North, Range Sixty-six (66) West of the e 1 }4, +� y`riyy�r„ _xch Principal Meridian at a point 1,638 feet North and 1,315 feet t�, �lr,+( p '; gt/ 1„ Fast of tie Southwest Corner of said Section Twenty-five (25) with ' tr�'e s:< , / 4,! n . a priority date of March 31, 1949, as adjudicated in Case No. • 'n• kii'�.R 7. h.9spr 11217, in the District Court of tanner County, Colorado. y - x i T,1 71'„Aid0,sl Togethe' ,rith four (4) shares of the capital stock of the New Cache ` ir'.' g ti •,i • F.Jr'' La Poudre Irrigating Compan•' evidenced by Cerificate No. 2730; ten > "';,7.ts �•'.^ (10) shores of the Cache La Poudre Reservoir Company evidenced by 4 { e ;`. '}r P Certificate 'c 2461; 39 acre feet of Northern Colorado Water N. t'"+1_ qa a 6y y ,;, 3 Conservancy District water allotment; Two hundred thirty-three (233) ♦s,.,' $.5wta a• , shares of the Graham Drainage Ditch Company evidenced by Certificates a' �^f'. 7-,' :`._ 4�• - numbered 67, 68, and 78; and Twenty (20) shares of the New Von Cohren ,'4 ,,22/'yra,�7Lt ..•"„; :11.:^f016 Ditch Company evidenced by Certificates numbered 57, 59 and 80. , ry #x447 ;hi) y try 4`"F , - together with all its appurtenances and warrant the title to same, i "' r1 .r) • t, ' ' subject, however, to the following: peg W.,i4ti":•y;,.St Any and all existing easauents and rights-of-way of whatever ,F !fir e �,�f hs' V^ character, whether created by deed or now existing on said peen- "lr f i 41:4..t; 'Jr'.., '+ isea, be that for ditches, canals, pipe lines, roads, telephone d ; " i .' a lines, power lines, or any other purpose. " ,� y .1 e c. Any and all reservations, limitations, conditions, liens, and , r ~ r ' ale1��,^la' :� exceptions contained in instruments of retard which in any way y 7 7~M relate to or burden the above-hargsined premises. sr ,,, jkn ' A lease :tom Carl Leffler to Edwin Amen dated January 6, 1976, ..kA t for a term of three (3) years ending January 1, 1979. 'f, � r 5 4.,,„1,,,,4,:t1,;v i i. iv ) ]:goad and delivered this 2$' 1dey of be tie i,+IMP/; 1976. •1 ,2,sar^ r x ' l Ma+^j F3}i, Carl Leffler " 1, °„ it mill,CrA^ifr4v /V"6-11A._ _ii .. ,'- " t. 4 c ,y t '� Hattie Leffler �1 ;., t ..}}k�,,dddddd d yl6 M STATE OF COLORADO ) a Ail h ',t ieV $Q'. COIJNYY OF WELD ) �. M., , -.1 /The forejoinq instrument was acknowledged before me this 0b.1l3) dd�fy „ 2 .*'f''} }' -0.4P,'•+ ,i of f, Cl rci'E l- , 1976, by Carl Leffler and Hattie Leffler.:- • •Ui'' + p.?. dry LL - s vT'}pt. WITNESS my hand and official seal. u! 01180 ••�• a � '1'..,.A My co®Sseiun expires: A1�D�,� l �����,4 O. i ;3 l ,u 3//17“ Off,4,9v Q• .h7 , 1 Notary Public `\� • E , I A 4 .14"'? //NA 35\ .. V r Y, OT INTEREST' OWNERS SURFACE ESTATE Application No. Subject Property A part of the Southwest Quarter (SW 1/4) of Section 25, Township 6 N., Range 66 West of the 6th P.M., Weld County, Colorado. STATE OF COLORADO ) ss. COUNTY OF WELD ) THE UNDERSIGNED. being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses a-nd the corresponding Parcel Identification Number _assigned by the Weld County Assessor of the owners of property (the surface estate) within • five hundred (500) feet of the property subject to the application. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records , or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty (30) days of the application submissi at . r • Kennet F. Lind 779 The foregoing instrument was subscribed and sworn t before me this 2nd day February , 19 84 by Kenneth F. Lind WITNESS my -hand and official seal . My Commission expires : My Commission Expires August 22; 1987 Notary Tu ic 1011 El h e nth Avenu Greel , Colorado NAM!) OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAMI ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND 7.IP CODE IDENTIFICATION # Louise T. & Walter I). Amen 0805-26-0-00-035 Mary E. and Roland II . Kissler 0805-25-0-00-024 20432 WCR 57 , Kersey, CO 80644 0805-25-0-00-025 0805-25-0-00-060 0805-25-2.-00-003 Harvey D. & Elaine B. Zeller Rte 2 , Box 142 , Greeley , CO 80631 0805-25-0-00-026 Jerry G. Rill .1I08 t1 :;t root , Cry i v Cu 80(, 11 0805-25-0-00-02J Arlen D. & Kathryn M. Delius Box 212 , Ilaxtun , _CO 80731 0805-25-0-00-059 John D. Gerry & Barbara A. Ball 2.781 AA Street , Greeley , CO 80631 0805-25-2-00-004 -Richard D. & Geraldine D. Weber c/o Weber Realty , 3835 W 10th St . Greeley, CO 30634 0805-26-0-00-041 Ralph A. Cowan 2326 24th Street Road , Creelev , CO 80631 0805- 26-0-01-001. David E. ,& Barbara 3 . McArdle / •.3�ir- 5`'t/4v e 17 , Greeley, CO 80031 0805-26-0-01-002 . �_ NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION N Charles A. & Deborah A. Anderson 1626 No. 35th Avenue Ct . , Greeley, CO 80631 0805-26-0-01-003 Herman D. & Dorothy June Feit 1631 No. 35th Avenue Court , Greeley, CO 80631 0805-26-0-01-007 E. H. & Zetta Schell 1639 No . 35th Avenue Court , Greeley, CO 80631 0805-26-0-01-008 Charles M. & Capitola Jo Swanson 1645 No. 35th Avenue Court , Greeley, CO 80631 0805-26-0-01-009 -Riverview Homeowners Association c/o Chuck Anderson , 1626 No. 35th Avenue Court Greeley, CO 80631 0805-26-0-01-010 Monfort of Colorado 0805-25-0-00-032 P. O. Box C Greeley , CO 80631 0805-25-0-00-051 Flatiron Paving Company of Boulder 0805-25-0-00-028 Box 229 , Boulder, CO 80302 0805-36-0-00-028 Weld County _Greeley , CO 80631 0805-25-0-00-050 Steva McMahon 1215 No. 25th Avenue , Greeley, CO 80631 0803-36-1-00-001 AFFIDA' - OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property A part of the Southwest Quarter (SW 1/4) of Section 25, Township 614, Range 66 West of the 6th P.M., Weld County, Colorado. STATE OF COLORADO ) ss . COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office, or from an ownership update from a title or abstract company or an attorney. Kenneth . Lind #7792 The foregoing instrument was subscribed and sworn to before me this 2nd day of February , 19 84 By Kenneth F. Lind WITNESS my hand and official seal . My Commission expires : My Commission Expires August 22, 1987 icit/l7Cif �f�Notary Pu 1011 -E1ev nth Avenu Greet ,y, Colorado Owners of Minerals: Louise T. Amen and Walter D. Amen Mary E. Kissler and Roland H. -Kissler 20482 Weld County Road 75 Kersey, Colorado 80644 Lessee of Minerals: Petromax Energy Corporation 14 Iverness Drive East _Suite 8L Englewood, Colorado 80112 Hello