HomeMy WebLinkAbout20010652 �( a MEMORANDUM
tttil
W I To: Board of County Commissioners December 12, 2000
O From: Monica Daniels-Mika, Planning Director
COLORADO Subject: Continuance for S-554
The Department of Planning Services staff and Kent Carlson are requesting a continuance of
Case S-554 for Idaho Creek. Planning staff is requesting that the Board of County
Commissioner's schedule this case for March 7, 2001.
2001-0652
4 ° tiiitf,n,
SERVICE,TEAMWORK,INTEGRITY,QUALITY
DEC-12-00 03:26PM FROM-DAVIS, GRAHAM & STUBBS 3038931379 T-098 P.02/08 F-693
Davis Graham & Stubbs LLP
December 12, 2000
Via Facsimile
Ms. Monica Daniels-Mika
Ms. Wendi Inloes
Weld County Department of Planning Services
1555 North 17th Avenue
Greeley, CO 80631
Re: Case #554 - Idaho Creek PUD
Section 10, Township 2 North, Range 68 West
Weld County, Colorado
Dear Planners:
This law firm represents HS Resources, Inc. ("HSR"). A representative from HSR will
be attending tomorrow's public hearing for purposes of addressing HSR's concerns in the above
captioned matter. HSR became involved in the Idaho Creek PUD more than a year ago, as
indicated by the correspondence enclosed for your review. The attached correspondence includes
a copy of HSR's Notice of Right to Use Surface of Lands filed in Weld County on July 27, 1999.
In addition to owning all rights to development at the oil and gas estate, HSR owns certain
easement rights within Section 10.
Please be advised that a surface use agreement has not been agreed to by the surface
owners and HSR. As indicated in the enclosed correspondence, a Letter Agreement concerning
future accommodation of surface and mineral use was entered into on August 31, 1999.
Unfortunately, the surface use agreement called for in the Letter Agreement, which provided for
drilling locations within the PUD or for directional drilling from outside locations, has not been
executed. Under the Letter Agreement, the parties are free to proceed with their respective
development rights in the absence of an agreement, although HSR prefers to reach an agreement
that accommodates surface and mineral development. HSR still intends to conduct drilling
operations to develop its oil and gas rights in the above captioned lands at the standard locations
contemplated under Rule 318A of the Colorado Oil and Gas Conservation Commission.
#342300v2
Pecrmb.+r 12,2000 0225pm Dustin M.Ammons . 303 892 7488 . Bustin ammons@09slaw.com
1550 Seventeenth Street • Suit 500 • Denver Colorado 80202 • 303 892 9400 - fax 303 893 1 329 Y �'
www.ensiaw.com '
DEC-12-00 03:26PM FROM-DAVIS, GRAHAM & STUBBS 3038931379 T-098 P.03/08 F-693
December 12, 2000
Page 2
HSR requests that approval of the Site Specific Development Plan be conditioned upon
recognition of HSR's rights to drill within the locations allowed by the Colorado Oil and Gas
Conservation Commission and ensures that HSR's rights will be protected. A copy of the
allowable drilling locations in Section 10 is attached for your review. Should you have any
questions concerning HSR's rights in and to the above captioned lands,please do not hesitate to
call Mel Stahl of HSR at(303) 296-3600.
Very truly yours,
Dustin M. Ammons
for
DAVIS, GRAHAM& STUBBS LLP
DMA/jw
Enclosures
cc: J. Wason and M. Stahl of HS Resources
Lee Morrison - Asst. Cty. Any.
(w/encs., via facsimile)
DEC-12-00 03:26PM FROM-DAVIS, GRAHAM & STUBBS 3038931319 T-098 P.04/08 F-693
HS RESOURCES, INC.
1999 BROADWAY, SUITE 3600
DENVER, COLORADO aoaoa
(303) 296.3600
FACSIMILE (303) 296.3601
August 31, 1999
Weld County Commissioners
1555 North 17"Avenue
Greeley,CO 80631
Via Facsimile
Re: Idaho Creek PUD
Township 2 North, Range 68 West, Section 10: E/2NW/4, W/2NE/4
Weld County,Colorado
Ladies and Gentlemen:
HS Resources, Inc. ("HSR") owns all rights to development of the oil and natural gas
estate under the proposed PUD. HSR, Carlson Associates Inc., and the Mountain Empire
Dairyman's Association, Inc. have entered into a Letter Agreement that provides for the
development of the mineral reserves underlying the Planned Unit Development("PUD"). HSR
has no objections to the rezoning of the lands within the PUD.
Very truly yours,
HS RESOURCES, INC.
Y"
Melvin R. Stahl
Landman
CC: Ben Patton
Ryan Carbon
DEC-12-00 03:27PM FROM-DAVIS, GRAHAM & STUBBS 3038931379 T-098 P.05/08 F-693
HS RESOURCES, INC.
'999 BROADWAY, SUITE 9600
DENVER, COLORADO 80202
(303) 296.3600
FACSiM14E (303) 295-3601
August 24, 1999
Mountain Empire Dairyman's Association, Inc.
c/o Western Dairyman Coop
PO Box 26427
Salt Lake City,Utah 84115
Carlson Associates
12460 1"Street
Eastlake,Colorado 80614
Re: Notice of Intent to Conduct Surface Operations
HSR Carlson 6-10 well and HSR Carlson 7-10 well
Township 2 North, Range 68 West
Section 10:SE/4NW/4 and SW/4NE/4
Weld County,Colorado
Gentlemen:
The Colorado Oil and Gas Conservation Commission(COGCC)has adopted guidelines and
procedures regarding oil and gas activities affecting the surface. These rules stipulate that an affected
surface owner must be given notice in writing by an operator at least thirty(30)days prior to drilling an oil
and gas well.
HS Resources,Inc.(HSR)intends to begin operations to drill the above captioned oil and gas
wells upon receipt of permits from the COGCC during the month of September, 1999, As the surface
owner, it is your responsibility to notify the tenant farmer,if applicable,of these proposed operations
A brochure is available upon request from the COGCC, 1120 Lincoln Street,Suite 801,Denver,
CO 80203 describing surface owner rights and responsibilities. Should you have any questions and/or
concerns,please contract our office.
Very truly yours,
HS RESOURCES,INC.
Melvin R.Stahl
Landman
Enclosures
cc:Marvin Dyer,Dyer Realty
Ben Patton,Weld County Planning
DEC-12-00 03:27PM FROM-DAVIS, GRAHAM & STUBBS 3038931379 T-098 P.06/08 F-693
11111111111 111111 IIIIU IIIr iIII IIIII III IIIII IIII IIII
2709432 07/27/1999 08:i.... Mid County CO
1 of 2 R 10.00 0 0.00 JA Sold Taukeaoto
NOTICE OF RICHT TO USE SURFACE OF LANDS
c/31
THE UNDERSIGNED,James P. Wason, as Denver Basin Land Supervisor, of HS RESOURCES,
INC., a Delaware corporation ("HSR"), whose address is 1999 Broadway, Suite 3600, Denver, Colorado
80202, on behalf of HSR, states as follows:
HSR is the owner of or has the right to an undivided interest in those certain Oil and Gas Leases
described on Exhibit "A", attached hereto and made a part hereof,such leases recorded in the records of the
office of the Weld County Clerk and Recorder, as may be amended, (hereinafter referred CO as the"Oil and
Gas Leases").
The undersigned is familiar with the terms and conditions of the Oil and Gas Leases and hereby
confirms such as a valid and subsisting Oil and Gas Leases which have been extended beyond their
primary term by the actual drilling and production from a well or wells capable of producing oil and/or
natural as on lands covered by the Oil and Oas Lcascs or lands which have been pooled or unitized
therewith.
HSR, its agents, employees, designees, co-owners, successors and assigns hold certain rights to use
and access the surface of the lands described below for the purpose of, among other things, DRILLING OR
COMPLETION OPERATIONS OR CONTINUING ACTIVITIES FOR THE PRODUCTION OR
TRANSPORTATION OF OIL, GAS, OR OTHER HYDROCARBONS OR PRODUCTS ASSOCIATED
WITH THE FOREGOING INCLUDING,BUT NOT LIMITED TO, SURFACE USE, INGRESS TO, EGRESS
FROM, AND CONSTRUCTION, MAINTENANCE, REPAIR, REPLACEMENT, AND MONITORING OF
WELLS, LOCATIONS, EQUIPMENT, MUD AND RESERVE PITS, WELLHEAD EQUIPMENT,
SEPARATORS, TANK BATTERIES, PIPELINES, GATHERING LINES, FLOWLINES, PIPELINE
INTERCONNECTIONS, AND ANY AND ALL OTHER REASONABLE OR CUSTOMARY USES OF
LAND RELATED TO SAID OPERATIONS OR ACTIVITIES. ALL OF SUCH SURFACE USES ARE
SUBJECT TO THE TERMS SET FORTH IN THE OIL AND GAS LEASES, AT LOCATIONS
DESCRIBED ON EXHIBIT"A" .
NOTICE is hereby provided to all interested parties, including any surface owners, their heirs,assigns
and successors-in-interest that HSR has an ongoing right to use the surface of the lands described above for
any use allowed by the Oil and Gas Leases now or at some future date. This notice is intended CO remain in
force for as long as the Oil and Gas Leases, or any extension or renewal thereof remains in effect as to the
above described lands or any portion thereof. However, nothing herein contained shall be construed to limit
the rights or enlarge the obligations of HSR or any other party owning an interest in said lands or Oil and Gas
Leases. Further; this notice shall not be construed to modify or disclaim any interest HSR or any other party
may have in any other valid lease or leases which along with the Oil and Gas Leases may form a part of a
pooled or unitized area for an existing well or which may become part of a future spacing unit or pooled area
or may actually cover an interest in the specific lands herein described.
HS RESOURC C.
p,
By: AC
Jams '. awn //t
nve Basin
Land Supervisor
STATE OF COLORADO
)SS
CITY AND CC NTY OF DENVER )
L '4.4
The " ,tb �,g instr;.,.,:.:: was acknowledged before me this 1�day of June, 1999, by James P.
Wason,.as•5dfiver Basin Land Supervisor of HS Resources, Inc.,a Delaware corporation.
* VJESS`)nS' hand and official seal.
--�` ..... -'':'ti c Not Publ c
My Commission expires: 3—4.4-1.\\
It/Group/Land/Forms/Notice of Right to Use Surface of Lands.doc
EXHIBIT"A"
Attached hereto and made a part hereof the Notice of Right to Use Surface of Lands N _
e j ps
•
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Weld County,Colorado ay MOO
r
FrSTErea
Lease Number Less. •I'Jame Lessee Name Lease Date Description Recording Information n
CO-2973-00 J. P. Tamenisch and Mary John H. Hill July 8, 1972 Township 2 North,Ranee 68 West, 6th P.M. Book 673 Reception 1595014 o S�
Camenisch,his wife Section 10:W/2NE/4 mg''oom.
en
Le NM IP
ZS ale H
US am
a=
CO-2809-01 David E. Camenisch and wife, Amoco Production July 8, 1972 Township 2 Nor h,Range 68 West. 6th P.M. Book 674 Reception 1595713 M it�
Gloria F. Camenisch Company Section 10: W/2NE/4 k
o g�
CO-3043-01 J. P. Camenisch and Mary M. Pan American December 31, 1970 Township 2 North,Range 68 West,6th P.M. Book 640 Reception 1562238 Jai gno
Elm is
Camenisch Petroleum Section 10:E/2NW/4
Corporation
73
Page 1 of 1
DEC-12-00 03:28PM FROM-DAVIS, GRAHAM & STUBBS 3038931379 T-098 P.08/08 F-693
EXHIBIT A
Colorado Oil and Gas Conservation Commission
GREATER WATTENSERG AREA
Special Well Location Rule
318A `
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Weld County Referral
viik • September 11 , 2000
COLORADO S- .s- oe
The Weld County Department of Planning Services has received the following item for review:
Applicant Kent Carlson/ Idaho Creek Case Number S-554
Subdivision
Please Reply By October 3, 2000 Planner Monica Daniels-Mika
Project Planned Unit Development Final Plat located in the Mixed Use Development Area
Legal NW4 NE4 of Section 10, T2N, R68W of the 6th P.M., Weld County, Colorado.
Location Approximately 1/8 mile east of WCR 7 and 1/8 mile south of State Hwy 119
Parcel Number 1313 10 000063 v
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request.
Weld County Board of County Commissioner's Hearing: October 18, 2000
• We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
U We have reviewed the request and find no conflicts with our interests.
U See attached letter.
Comments: S}. '3ca..n Set\‘Ac o(\ O. .,,,lcs c r'` ' ; r.trckm \0
S
Ss, .]s c e }k.,a atoo.R . \Ns 3. 42-C 4 v.v,nL3 j 1��e. .-.S -C.( CI-ES
G u 0,. .0) r Again l-knnS.
Signature ` �.Jo Date 11.- to.pp
Agency S1- \)can Sn.kiciii\o" Cam;)w.x:c}
+Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext.3540 4(970)304-6498 fax
2. IXMiMtT
o
S f559
, .`old County Pinning Dop\.
611 o MEMORANDUM aci ; 9 2000
41 %\rill; TO: Monica Daniels-Mike DATE:'C18 I71 0%1,
Director of Planning Services
FROM: Diane Houghtaling, P.E., Traffic Engineer +DeV\
SUBJECT: S-554: Idaho Creek PUD
COLORADO
The Weld County Public Works Department has reviewed this PUD Final Plan request.
COMMENTS:
External Roadways: WCR 7.5 is designated as a major arterial roadway in the MUD plan. Major arterials require a
minimum 110 foot right-of-way. Sufficient right-of-way is shown on the plat. The typical section of WCR 7.5 was not
included. The alignment of the median is confusing. The developer should meet with the Public Works Department to
discuss the median alignment. I understand that the Board of County Commissioners has previously agreed to postpone
the construction of the west half of WCR 7.5. This is contrary to the MUD and Subdivision Regulations. The developer
should construct all internal subdivision roadways to the ultimate section. WCR 7.5 is not an external roadway and should
be constructed full width at this time. Intersection sight distance triangles shall be shown on the plat. All landscaping in
the intersection sight distance triangles must be less than 3.5 feet high at maturity. Several improvements were required
at the intersection of State Highway 119 and WCR 7.5. Plans will need to be submitted for these improvements.
Internal Roadways: The right-of-way for internal roadways must be dedicated to the County. Please label the right-of-way
m all streets. Stop signs and street name signs will be required at all intersections. Is a pedestrian signal warranted at the
future school? Is that part of this project? The necessary conduits should be on the plans.
Storm Water: The detention calculations are confusing. The engineer should meet with the Public Works Department to
discuss the calculations. Weld County will accept maintenance of the storm sewer system, after the approval of the
roadway and drainage plans. Please provide a computer file of the storm sewer layout in an Autocad or GIS format.
Improvements Agreement: See memo by Donald Carroll.
RECOMMENDATION: Approval
DEVELOPMENT CONDITIONS (If Approved):
❑ Typical sections for the internal and external roadways shall be provided. The required right-of-way for internal and
external roadways shall be dedicated to the County. •
❑ WCR 7.5 be constructed to conform to the MUD and Subdivision Regulations.
❑ A stop sign and street name sign shall be placed at the intersection. The pedestrian signal facilities shall be
installed.
❑ The proposed improvements at State Highway 119 shall be included in the plan and bonded.
❑ Landscaping within the intersection sight distance triangle shall be less than 3.5 feet at maturity.
❑ The drainage study shall be revised and resubmitted for review. Weld County agrees to maintain the storm sewer
system, after approval of the roadway and drainage plans.
❑ EXHIBIT
If you have any questions, please call. I
pc: S-554 S-#5S`I
WCR 7.5 M:\WPFILES\diane\DEVELOPMENT\s-554.wpd
_ t °
Weld County Referral
Ill
lID
September 20, 2000
C.
COLORADO
The Weld County Department of Planning Services has received the following item for review:
Applicant Hoshiko Farms Inc. Case Number Z-552
Please Reply By October 10, 2000 Planner Monica Daniels-Mika
I
Project Change of Zone from A (Agricultural)to I-3 (Industrial). I
Legal SE4 of the NW4 of Section 29, T6N, R65W of the 6th P.M., Weld County,
Colorado.
Location South of and adjacent to WCR 66; east of and adjacent to State Hwy 85 .
Parcel Number 0803 29 000079; 80; and 91 1
The application is submitted to you for review and recommendation. Any comments or recommendation
you consider relevant to this request would be appreciated. Please reply by the above listed date so that
we may give full consideration to your recommendation. Any response not received before or on this date
may be deemed to be a positive response to the Department of Planning Services. If you have any further
questions regarding the application, please call the Planner associated with the request.
Weld County Planning Commission Hearing (if applicable) December 5, 2000
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
We have reviewed the request and find no conflicts with our interests.
See attached letter.
Comments: �)C�Cak, 't tr, 1
Signature \-10{Il'„l DVl"Ltl1 Date /Lit 41/09.)
Agency I0C. bp-lC ,
',`fold County Planning Cop,
+Weld County Planning Dept. +1555 N. 17th Ave. Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)30'- f
6498a1N.
2000
#XHIBIT:
''i ' F !j ii).: 7 C
S4*ssy_
DEPARTMENT OF PLANNING SERVICES
' PHONE (970) 353-6100, EXT.3540
' FAX (970) 304-6498
C. WELD COUNTY G EDM ISTRATIVE OFFICES
1555 N. 17TH
E AVENUE
COLORADO
November 14, 2000
Mr. Kent Carlson
12460 1st Street
Eastlake, Colorado 80614
RE: Idaho Creek, Final Plat
Dear Mr. Carlson:
I want to take the opportunity to follow up on a request for design changes for Idaho Creek. Particularly,
information demonstrating that the proposed lots meet the setbacks and bulk requirements of the R1-
Zone district. As we discussed, I do not need to see building envelopes defined on each lot, rather a
basic lot layout on the various lot sizes will be adequate.
I believe you are well aware of my concerns associated with the proposed oil and gas setback. Mr. Scott
Carlson, has suggested a modification to the plat concerning this issue, and I am anticipating this
change, however, I would appreciate seeing Scott's suggested alternative.
Additionally, as you have had ample time to review referral comments, have you chosen to meet with
referral agencies other than Colorado Department of Transportation (CDOT) to discuss these concerns.
If so, I would welcome the chance to review this new information. I am particularly concerned with the
proposed status of the roadways, Weld County Sheriffs Office concerns, and St. Vrain Valley School
requirements in flood plain. As we discussed, are you still proposing to submit additional information
concerning the school site alternative use. This change may necessitate the need for a re-review by
these referral agencies.
In order to maintain the scheduled hearing dated, December 13, 2000, I need to have all available
information to prepare staff comments, and allow additional review time by others if necessary. I look
forward to hearing from you soon. I may be reached at the above address and phone number.
Sincerely, ilLirry
Monic �J Daniels-Mika, A.I.C.P.
Director
MDM/vh
mdm108 .
4$ 0t(*se; MEMORANDUM
WCTo: File Z-524
COLORADO From: Monica Daniels-Mika, Director
Subject: Final Plat meeting for Idaho Creek
Date: April 14, 2000
I met with Ryan Carlson and Melinda J. Bartlett, esq. to discuss the application process for the final
plat for Western Dairymen / Idaho Creek. According to the resolution by the Board of County
Commissioners, this case will need to go back to the Board for the final review. We discussed the
process and the applicant feels comfortable with that. I did bring it to the applicants attention that
according to Section 3 on page 5 of the resolution, there were several issues that the applicant
needed to supply to the Department of Planning prior to applying for the final plat . More
specifically, those items are delineated in 3A through 3H of the resolution.
We discussed the Board of County Commissioners policy that availability of water is interpreted
to have an actual tap. The final plat application also was conditioned to include a roads
improvements agreement for on and off site as well as a commitment letter for St. Vrain Sanitation
District. The school issue as proposed at the Change of Zone appears to have been unresolved
and the applicant does need to provide evidence that St. Vrain School District will be satisfied with
the 10 acre parcel.
We further brain stormed and discussed the plat as proposed at the Change of Zone. I informed
the applicants they would be held responsible for adhering to the Transportation Road Impact Fee,
as well as being responsible for providing assurity that oil and gas issues on the site have been
maintained and that the Department of Planning Services would follow through with the
recommendation of approval for a 350 foot separation area between oil and gas facilities and any
residential construction. The applicant said he was somewhat concerned with this condition as this
condition will dictate a redesign of what was approved at the Change of Zone. I told him he had
the opportunity to apply a different condition and that planning staff would be making the
recommendation for 350 feet.
Additionally I did remind the applicant that the issue of off site transportation as well as
transportation between both components of the subdivision, and whether or not the pedestrian or
vehicular issue have not been hammered out, and that it is highly probable that both the planning
department as well as public works would have several comments and concerns. We further talked
in length about flood plain issues and I let the applicant know that we would be sending this to the
state for their review, and we would need to adhere to any review and concerns particularly
because of the straight zero rise proposal of the existing flood plain.
The applicant suggested that they would be able to meet the above mentioned issues, and they
were fully aware of what they needed to do. I did tell the applicant that according to our rules they
have 60 days from the time of complete application to be heard by the Board of County
Commissioners. The applicant believes that they will be bringing this application in the end of May
first of June.
4 Finnan
SERVICE,TEAMWORK INTEGRITY,QUALITY
5'
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