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Home My WebLink About840283.tiff RESOLUTION RE: APPROVAL OF USE BY SPECIAL REVIEW FOR OIL AND GAS PRODUCTION FACILITIES - UNIVERSAL OIL AND GAS , INC. 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 4th day of April, 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 Universal Oil and Gas, Inc. , 4050 Young- field Street, Wheatridge, Colorado 80033 , for a Use by Special Review for oil and gas production facilities on the following described real estate, to-wit: Part of the Si NW-, Section 24 , Township 5 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 presented 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 applica- tion 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) All mineral resources are fixed in location. The mineral extraction industry is therefore restricted in its operations to those areas where the resources lay. The subject site is zoned residential (R-1) , but the site is not platted for residential develop- ment. The Comprehensive Plan policies encourage mineral extraction prior to residential development. Residential development on the subject site could reduce the feasibility of ever developing the minerals in question. Therefore , the proposal is consistent with the policies of the Weld County Comprehensive Plan. elDLOWe 840283 �� /<. 113 Page 2 RE: USR - UNIVERSAL OIL AND GAS , INC. b) The proposal is allowed with a Use by Special Review permit in a residential zone district. c) The attached Operation Standards will make the proposal compatible with existing and future development of the surrounding area, as permitted by the existing zoning, and with future development as projected by the Com- prehensive Plan of the City of Greeley. d) The Greeley Planning Commission recommended conditional approval at its meeting on February 28 , 1984 . The concerns of the Greeley Planning Commission are addressed in the Operation Standards . e) The City of Evans recommended approval in a memo dated February 15 , 1984 . f) No overlay districts affect the site. g) Use by Special Review Operation and Design Standards 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 Special 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 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. The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 4th day of April, A.D. , 1984 . j-'• `r -�"- BOARD OF COUNTY COMMISSIONERS ATTEST: ( `, ti1d "ti""` ' JJ WELD COUNTY, COLORADO Weld County Clerk and Recorder _ �Jlo�_ (AYE) and Clerk to the Bq � Norman Carlson, Chairman a/�4) 'a A -0— EXCUSED DATE OF SIGNING (NAY) De uty County erk Ja ueline Johnson, Pro-Tem APPROVED AS TO FORM: 61 .r (AYE) Gene R. Brantner C � -----��,i (AYE) County��e�1 Chuck Carlson �.. EXCUSED John T. Martin OPERATION STANDARDS Universal Oil & Gas, Inc. U.S.R. - 614:84: 10 1. The permitted use shall be oil and gas production facilities as described in the submitted application materials; and as located on the Use by Special Review plat. 2. The permanent accesses as shown on the Use by Special Review plat shall be used only by vehicles servicing the wellhead and tank battery cluster. 3. All vehicles and equipment associated with drilling, completion of the well and placement of the tank battery shall access the Use by Special Review area from 29th Street. 4. 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 the 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) stand 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; - Spruce and evergreen trees shall be planted and maintained around the tank battery site at intervals of twenty (20) feet. The trees shall be located ten (10) feet from the chain link fence. The trees shall be a minimum height of three (3) feet below the top of the tank battery at the time of transplanting; - 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. Landscaping can be delayed until May 1, 1984 (Spring Planting Season) to insure survival and growth of trees. 5. Only electric hydraulic type pumps shall be used in conjunction with the oil and gas production facilities. 6. Noise standards as delineated in C.R.S. 25-12-101 et seq. shall be maintained. 7. Brine water produced at the site during oil and gas production shall be disposed of by formation injection or disposal into a commercial brine disposal site. 8. Drilling muds can be used as an agricultural enhancement. The drilling muds MUST be applied and disked into sandy soils with the landowners consent. 1 Operation Standards Universal Oil & Gas, Inc. U.S.R. 614:84: 10 Page two 9. The operator shall provide the Western Hills Fire Protection District a list of four (4) names, phone numbers and addresses of responsible parties it can contact in case of an emergency. 10. Upon cessation of the proposed use, the oil and gas production facilities shall be removed and the land shall be reclaimed to its' prior use. 11. 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. 12. The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24.6 et seq. , of the Weld County Zoning Ordinance. 13. 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. 14. 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. 15. 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. 16. 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 or other work done with respect to such proposed oil or gas well. Or the applicant may submit a copy of a policy of insurance in the amount of five million dollars. The policy of insurance may be in the form of a blanket policy covering all of the operator's operations in the State of Colorado. In the event the applicant selects the blanket policy, evidence that Weld County is insured as stated in the first paragraph of development standard sixteen, shall be submitted to the Department of Planning Services. 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. Operation Standards Universal Oil & Gas, Inc. U.S.R. 614:84: 10 Page three 17. All production equipment fixed at the site with a source of ignition, including heater/treator separators, shall be placed a minimum of 75 feet from the well head and tank battery cluster. The well head shall be a minimum of 75 feet from the tank battery cluster. 18. A metal sign shall be placed on the property indicating the name and telephone number of the person(s) to contact in the event of an emergency. 19. Smoking shall not be permitted at any well location or tank battery location at any time, and signs indicating such prohibition shall be placed on the well site and at the tank battery location. 20. Fire extinguishers shall be maintained on the well site at all times during drilling and production. 21. All land within twenty-five (25) feet of any oil or gas, tank containing flammable or combustible materials, or other appurtenant well production equipment shall be kept free of dry weeds, grass, or rubbish. 22. A four inch header shall be laid over the top of the berm surrounding the tank battery, and an underground two-and-one-half inch line shall be attached thereto which shall extend from its connection with the header to a point two hundred (200) feet from the tank battery. The end of such line shall be clearly marked by a sign. The manner and method provided for connection at said end point shall be determined by the Western Hills Fire Prevention District so that fire suppression chemicals may be pumped through the line and header to extinguish fires in the tank battery. 23. Permittee shall comply with the Drilling and Completion Policies of the Oil and Gas Conservation Commission dated March 19, 1984, including but not limited to the equipping of the bradenhead access to the annulus between the production and surface casing with a needle valve and gauge fittings to permit the observation of pressure. The Weld County Health Department may accompany inspectors of the Colorado Oil and Gas Conservation Commission who are implementing the March 19, 1984 Policy as to the two wells permitted hereby. HEARING CERTIFICATION DOCKET NO. 84-17 RE: USE BY SPECIAL REVIEW, OIL AND GAS PRODUCTION FACILITIES, UNIVERSAL OIL AND GAS, INC. A public hearing was conducted on April 4 , 1984, at 2:00 P.M. , with the following present: Commissioner Norman Carlson, Chairman Commissioner Jacqueline Johnson, Pro-Tem Commissioner Gene Brantner Commissioner Chuck Carlson Commissioner John Martin (Excused before vote taken) Also present: Acting Clerk to the Board, Tommie Antuna Assistant County Attorney, Lee D. Morrison Planning Department Representative, Rod Allison The following business was transacted: I hereby certify that pursuant to a notice dated March 14, 1984, and duly published in the La Salle Leader on March 22, 1984, a public hearing was held to consider a Use by Special Review, oil and gas production facilities, for Universal Oil and Gas, Inc. Lcc Morrison, Assistant County Attorney, made this item of record. Rod Allison, representing the Planning Department, read the favorable recommendation of the Planning Commission into the record. He read the conditions into the record, saying that conditions #3 and #4 have been met. Mr. Allison also read the sixteen Operation Standards associated with this matter into the record. Mr. Allison said that the Planning Depart- ment has received telephone calls and letters objecting to this proposal. He said the Weld County Health Department is available to assist persons concerning acceptable dumping practice and disposal of production water and mud and special transport permits are required for moving oil rigs on County roads, and the permit can be obtained at the Engineering Department. Jim Colosky, Attorney representing the applicant, came forward and presented this item to the Ford. He said if drilling operations are not commenced by April 15, 1984, the lease on this tract will expire. He said a number of residents of the Carriage Hills Subdivision had signed a petition indicating several con- cerns of those residents. He said the residents had said if conditions were imposed, addressing those concerns, they would have no objections to this proposal. The concerns included a change in the access from 37th Street to 29th Street; disposal of waste water; tank battery location and other items which might be placed on the site which would affect the ascetic view; protection from fire and explosion hazards; and noise abatement. Mr. Colosky said that the City of Greeley had also asked that the access be changed and that screening and berming be placed upon the property in order to protect the ascetic value of the property and protect against explosion. The City further requested that hydraulic pumps he installed if this became necessary in the future. He said that his clients proposed that the following conditions be imposed for approval of the permit: no snaking on drilling operations or around tank batteries; fire extinguishers on drilling rigs at all times and on vehicles which are used to maintain tank battery locations; area around drilling operations and tank battery locations shall be kept completely free of flammable material; and a header be placed over the top of the berm, this header shall mean a 4" pipe, allowing fire retardant materials to be pumped into the berm, with a 200 foot, 21/2 inch fire-hose being attached to this 4" pipe. He said his client is also willing to install reasonable testing devices. Commissioner Johnson asked Mr. Allison to explain the Moratorium being imposed by the Cities of Greeley and Evans. He said that everyone is concerned about not knowing enough about the fracturing process and how the pressure, of gas goes into the weak openings created by the fracture into old water wells. He said the Moratoriums were called because of lack of information on the safety of fracturing. Bill Van Bebber, land manager for Universal, came forward and explained the location of the proposed wells. After discussion, R. W. Fuller, a resident of Carriage Estates, came forward to say that he is opposed to this proposal. He explained his reasons for such opposition and requested that the Board deny this request. Following discussion, Mr. Morrison Tape #84-29 and #84-30 Docket #84-17 LHR 183 Page 2 RE: HEARING CI≤HIIFICATION - UNIVERSAL OIL & GAS, INC. read the policies, which the State adopted on March 19, 1984, by title only. Steve Sears, Sears and Company Realtors president, came forward to offer comments and support of this proposal. Mr. Sears also answered questions of the Board. (Tape Change #84-30) Mr. Sears said that wells already drilled by-Universal Oil & Gas, Inc. had been inspected and all had received good marks. John Watson, property owner, came forward and said he does not feel that his property will de-valuate if this proposal is approved. He said he wants the oil activity over with before this area is developed. John Duell, surrounding property owner, said he feels the situation concerning the leaking gas has been blown out of proportion and the people are getting spooked. James Jones, president of Universal, came forward to offer comments and answer questions of the Board. Following discussion, Commissioner Martin was excused. Mr. Jones concluded his presentation. Mr. Colosky explained the bond and in- surance for this site. He said they have a 5 million dollar blanket policy for their wells in Colorado. The insurance is only in effect while the USR is effective. Commissioner Brantner questioned the fact that the insurance would not be effective when the well ceases to produce and is plugged and abandoned. Mr. Colosky said a state-wide blanket bond, in the amount of $100,000, is posted to ensure that the plugging and abandonment is done pur- suant to the regulations. Mr. Allison said additional Standards have been prepared. He said Standard #17 reads: All production equipment fixed at the site with a source of ignition, including the separator, shall be placed a minimum of 75 feet from the well-head and tank battery cluster. Standard #18 reads: A metal sign with information as to whom to contact in case of an emergency at the subject site shall be posted in plain view on the Use by Special Review site. Mr. Jones said they had no objections these additional Standards. Mr. Allison reminded the Board that Mr. Colosky had mentioned several items to be used as Standards also. After further discussion, Com- missioner C. Carlson made comments concerning this matter. He then roved to approve this Use by Special Review for oil and gas production facilities for Universal Oil & Gas, Inc. , and to include the conditions and amended Operation Standards. Commissioner Brantner seconded the motion. Mr. Morrison said the Operation Standards are to include the sixteen Standards recommended by the Planning Commission, the two additional Standards recommended by the Planning staff, and the Standards suggested by the applicant, Those Standards from the applicant are: Four inch header over the berm to supply fire fighting chemicals, supplied by a 200 foot, 2% inch, pipeline with access for the fire department; and provide on-site reasonable testing devices to allow the testing required by the Oil & Gas Commission policies and regulations. Mr. Morrison suggested that in Standard 16, the words, "or a blanket policy in the amount of $5 million", following the term, "$500,000", should be added. Both Commissioners C. Carlson and Brantner agreed to this. Commissioner Brantner explained why he intends to vote for approval on this matter. Commissioner Johnson then commented, saying that she will vote against the approval of this Use by Special Review request. She explained why she will vote in the negative. The motion carried by the following vote: Chairman N. Carlson and Commissioners Brantner and C. Carlson voted aye. Commissioner Johnson voted nay. APPROVED: "nlia.,JV � 11/Wri tfri. BOARD CO COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board- \ Norman Carlson, Chairman Byvii , Deputy County Clerk 1D Johns , Pro-Tem ` ( PS-Lc,- e R. Brantner Chuck Carlson EXCUSED John T. Martin ATTENDANCE RECORD DATE: April 4 , 1984 TODAY ' S HEARINGS ARE AS FOLLOWS: Docket #84-11 - COZ , A to I-3 , Ft. Lupton _State Bank Docket #84-17 - USR, Oil & Gas Production Facilities , Universal Oil & Gas, Inc . Docket #84-12 - USR, Oil & Gas Production Facilities , Lundvall Oil & Gas 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 C Tijc,_ a D< it.. COc 't-- L. -C-i., Co I b c.Ic.e,f V- . c!-i/-cn ?, W. 1-tilt tlQ .2-59U- 304 rave C-r _ C k-ze-/ 2A - 11 - O yaaa__eum:2itanad_.____oji_/_<_.de fl ;j'�sbn 02300 laA' / oy- /z I/tea / 1StLefoorri�it.≥ e ti�.7 / b r� ��1_ '_ (c�11 a ! 1/k/' - �' rd'Tj'— in- LA Ai ji_t_ /DU 1/-Lz/1 be 7,(;(77/ r , yzzizaL� cnaYAft........z.,_e_c_. 6:0. _ 2 p q -17 l‘ 'c 2-_ -(3_________ �� _ye Lc c1 ;, �� or Case Number USR-614:84:10 DE? RTI,tE TOT L L ," / . r/ PHONE 13031 3564000 EXT.4C.1 �i � J 91510TH STREET `J 1• /Sc--f GREEL�Y.COLORADO 80631 _ t C �• Plannin • WLId 1 February 8, 1984 g �mm�rr spo � COLORADO REFERRAL TO WHOM IT MAY CONCERU: RECEIVED FEB B I° Enclosed is an application from Universal Oil and Gas, Inc. for a Anse by Special Review Permit for ail and gas production facilities The parcel of land is described -as part of the S; WW1/4, Section 24, T5N, R66W of rho 6th P.M. . Weld County. Colorado The location of the parcel of land for which this application has been submitted is smith and adjacent to the city of Greeley: east of 35th Avenue and south of 29th Street Ihis application is submitted to your office for review and recommendations. Any _comments or recommendations you consider relevant to this request would be ap- preciated. Your prompt reply will help to facilitate the processing of the pro- posal and will ensure prompt consideration of your recommendations. if a response from your office is not received within 21 days of mailing from our office, it may be interpreted to mean approval by your office. If you are unable to respond within 21 days (but wish to do so at a later date) please notify our office to that effect. _' Check the appropriate boxes below and return to our address listed above. Please reply by February 72 1984. so that we may give full consideration to your recommendation. 1. We have reviewed this request and find that the request (does/ does not) comply with our Comprehensive Flan for the -following reasons : 2. We do not have a Comprehensive Plan but we feel this request is (is/ is not) -compatible with the interests of our town for the following reasons : _ with the requirements of Weld County's regulations, this proposal should not have adverse affects on the City of Evans and the operation should be acceptable. 3. A formal recommendation is under consideration and will be submitted to you prior to 4. Please refer to the enclosed letter. Signed Agency City of Evans -Date 02-15-84 -Thank you very much for your help and co-operation in this matter. J:‘ e Rod Allison, Current Planner II • RA:rg STATE OF COLORADO OIL AND GAS CONSERVATION COMMISSION DEPARTMENT OF NATURAL RESOURCES ROOM 721,CENTENNIAL BUILDING 1313 SHERMAN STREET DENVER,COLORADO 80203 WILLIAM R.SMITH RICHARD D.LAMM Director (303)866-3531 Governor FRANK J.PIR0 Deputy Director March 19 , 1984 TO: All Operators and Drilling Contractors Active in an Area From Township 1 North to the Colorado-Wyoming State Line and From Range 58 West to Range 70 West, 6th P.M. FROM: William R. Smith, Director , Oil & Gas Conservation Commission SUBJECT: Drilling and Completion Policies in the Northern Portion of the Denver Basin Front Range Corridor . As a result of the recent discovery of gas in some relatively shallow sandstone reservoirs (and possible fractures) in the vicinity of La Salle and Greeley, it is evident that certain policies should be established to put into place extra safeguards to protect against accidents that could result in the release of gas to the surface or shallow aquifers in that portion of the Denver Basin. The present rules and regulations of the Commission for the drilling and completion of an oil or gas well are broad enough to cover the average operation, and specific enough to allow the Director to adopt special policies to cover those situations or circumstances unique to a certain locale or area. The following policies relating to the drilling and completion of an oil or gas well and the plugging of a dry hole should prevent any problems resulting from oil and gas operations in this northern part of the Denver Basin Front Range Corridor . These policies, which are effective forthwith, commencing with the initial drilling operation are: 1. Surface Casing - A minimum of 300 feet of surface casing shall be run, but, in no event shall such casing be less than sufficient to extend fifty (50) feet below the base of the Fox Hills formation. Cement shall be circulated to the surface and allowed to set a minimum of 8 hours prior to commencing drilling operations. See Rule 317 (c) and (d) . d G5Y" t '' ?" 2. Production Casing - After thorough circulation of the hole, cement shall be =pumped -behind the production casing as provided for in Rule 317 (d) to a height in the annulus sufficient to result in a good bond extending at least 300 feet above the top of the Niobrara formation. 3 . Intermediate Stage Cementing — Since gas -and. oil in formations above the Niobrara generally -do not exist except in areas of possible production, the following options are allowed: (a) a sliding sleeve may be placed to allow cementing across the Sussex-Shannon formation and those potential water or gas sands at approximately 1100 feet and 2700 feet. These sands need not be squeezed unless pressure in the annulus between the surface and production casing develops as determined in paragraph 6 below. (b) If no sliding sleeve is placed as provided for in (a) , the operator assumes the responsibility for perforating and squeezing in the event pressure develops in the annulus between the surface and production casing. A. Requirements Before Fracing - Before any operator fracs a well for production he must submit a iForm 4, Sundry Notice, indicating his intention to frac, setting forth the interval to be fraced, the method of fracing , a detailed account -of the work to be performed, and the name of the contractor doing the work. The Commission shall be advised of the height of cement properly bonded above the zone to be fraced. Approval of procedures must be obtained prior to undertaking such work, but the Commission is required to respond within 24 hours of receipt of such notice of intention to frac. Cement placed behind the production casing in accord with paragraph 2 shall be allowed to set a minimum of forty-eight (48) hours prior to the undertaking of any frac operation. 5. Requirements After Fracing - Upon completion of the frac operation the operator shall furnish the Commission with a copy of the bond log, the frac charts showing pressure and time, as well as a detailed description of the work program. -A copy of - 2 - the service company job summary may be submitted in ,'n lieu of the work program. 6 . Completion Requirements - Upon completion of the well for production the operator shall equip the bradenhead access to the annulus between the production and surface casing with a needle valve and fittings to allow for a pressure reading. Following release of any pressure developed during completion operations and at least 24 hours thereafter, the operator shall observe the pressure and every 24 hours thereafter for a period of 96 hours and shall record the date, time and pressure. In the event that the pressure exceeds 150 psia the operator shall immediately contact the Commission and prepare a remedial plan, which plan may provide for cement squeezing of the annulus as soon as Practicable. A copy of the readings for the first 96 hours shall be submitted to the Commission. If no pressure in excess of 150 psia is noticed following initial bleeding of this annulus after completion and for a period of 96 hours, the operator shall observe the pressure every three months, and maintain such records in their office for a period of three (3) years. These records shall be submitted to the Commission upon request. The Commission staff is authorized under the provisions of Rule 204 to enter upon any lease and note annular pressures as required. 7. Abandonment - Dry Hole (a) Any exploratory or development well determined to be non productive shall be plugged as follows : (1) a cement plug shall be placed across any productive zone in an offset well and extend from fifty (50) feet above the producing interval to fifty (50) feet below. (2) Any porous zones below the Fox Hills shall be plugged with a cement plug extending from fifty (50) feet above such zone to fifty (50) feet below. (3) All plugging of the Fox Hills aquifer or above shall be in accord with the memorandum dated February 22, 1984 - 3 - entitled "Protection of Domestic Water Supplies" . (b) Producing Wells A producing well shall be abandoned by placing a bridge plug fifty (50) feet above the producing interval or in the bottom of the production casing , whichever is higher. Five (5) sacks of cement shall be placed on the bridge plug . Casing may be cut and pulled above the free point and all porous zones shall be plugged with cement in accord with (a) (2) and (3) above. - 4 - Affidavit 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 k as w newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a rtyl^:(94.:7" supplement thereof; that the first publication of said mgr notice was contained in the issue of said newspaper .tae ..,. " bearing date Twenty—third day of March A.D. 19 84 • "i°'rtsmOiss and the last publication thereof; in the issue of said tM°7 sat ,t newspaper bearing date the ouLi 7Rw *"9t R:tok ',Woad Twenty—third Rant `^ x •a -day of March A D. 19 84 �� 4 °} j• ; ;:y that said The Greeley Daily Tribune and The Greeley Republican, has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue thereof contained said notice or advertisement above referred to; that said 1.44' 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. March 23,1984 Total Charge:$13.63 h`u rzP J • Fr'Y t r A.aA' Advertising Clerk Subscribed and sworn to before me this 23 d,of _ March AD. 1984 » My Commr$;;ion Expires Jan. 14, 19W6 My nrnission expires � N y Public c Affidavit of enblication STATE-C'_CCLORADC. 1 LEGAL-.NOTICE ss. County oat Weld. NQrOE 51)? Pursuant to the kdMng laws of the etazLe—cE �f State of Colorado.and the Weld • County Zoning Ordinance,a public said County of Weld.-being duly sworn, say that hearing will be held In the Chem- 1 am bilsner of bars of the Board of County Commissioner-tf Weld -County, • 6. n e/�p ,e3 • Colorado,Weld Cde y Centennial • Center, 915 10th Street, -Greeley, that the some is a weekly newspaper of general Colorado,at thetime specified.All circulation d nnied gnd published in the 'persons in any manner interested in the Use By Special Review are town of r: -dm at-r requested to attend and may be in said county and state: that the notice or adve heard. r hsement. of which the annexed is a true ropy. BE IT ALSO KNOWN that the text. -has been published in said weekly newspaper and maps so certified by the Weld County Planning Commission may for consecutive be examined In Me office of the -weeks: tbci ihr nonce was published in the ark to the•Solid of County Commissioners,located in the Weld regular and entire issue of every number of said '-County Centennial Center,915 10th newspaper during the penod and time of pubii. Street, Third FIWF-Greeley, Colo- cation of said -notice and in the newspaper redo. - APPLICANT proper and not in a supple:nent thereof: that the Universal OH and Gas,Inc. first publication of sold notice was-contained in -40.50 Youn flue Street the issue of s d, ewspapet bearinc dale. th.. 4051(Youngf'old Street C7S�day ci aJLc'1✓ A.D., 19 ./V Wheatridge,Colorado 80033 and the last publication thereof. in I1C-.yissue of DOCKET NO. eEii s nine e}i�apepa r date. the .few day of n DATE: April 4, 194 . 19� that the said TIME: 2:00 P.M. 0 a ire- REQUEST:Use By Special Review - Oil and gas production facilities has been published continuously and uninterrupt- edly during the period of at least fifty-two con- LEGAL DESCRIPTtONr secutive weeks next prior to the first issue thereof W Pzrt of fie sib Se6fion 24," containing said -notice or advertisement above Township 5 North,Range 66 We51 of referred to: and that said newspaper was-at the the eth P.M„Wetd:County,Colors time of each-0f the publications of said notice, do duly qualified for that purpose within the mean BOARD-0F COUNTY ing of an act, entitled, -An Act Concerning Legal (N Y,COLORADO WELDZOUNTY,COLORADO Notices, Advertisements and Publications, and BY: MARY ANN FEUERSTEIN the Fees of Printers and Publishers thereof. andCOUNTY CLERK AND to Repeal all Acts and Parts of Acts in Conflict RECORDER AND CLERK -with the Provisions of this Act." approved April 7. T¢THE BOARD 1921, and all amendments thereof, and particu- laity as amended by an act mpproved. March 30. BY: Mary Reiff, Deputy 1923. and an act approved M y 18. 1931. DATED: March 14, 1984 m the LaSalle 1944. Leader Thursday,March 24, 194. ublisher Subscribed an sworn to before me this day of_ J A.D.- 19 Oo. My commission expires //— 7"/ --- Ei eA Notary Public 22o 9 1-1 MASSEY GREELEY C,RO, 54 o CO $0€3; fX 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 -Erse 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. 84-17 APPLICANT Universal Oil and Gas , Inc. 4050 Youngfield Street Wheatridge , Colorado BOD33 DATE: April -4 , 1984 TIME: 2 : 00 P. I. REQUEST: Use By _Special Review - Oil and gas production facilitie-s _LEGAL DESCRIPTION Part of the Sz NW4, Section 24 , Township 5 North, Range 56 West of the 6th P .M. , Weld County, Colorado BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE -BOARD BY: _Mary Reif, Deputy DATED: March 14 , 1984 PUBLISHED: March 22 , 1984 , in the LaSalle Leader DATE : Marc' 14 , 1984 i'O: The Boars] of County Commissioners Weld County, Colorado ROM: Clerk to the Board Office Commissioners: If you have no objections, we have tentatively set the rollowing hearing for the 4th nay of April , 1984 , at 2 : 00 P.M. Docket No. 84-17 - Universal Oil & Gas , Inc. , USR-Oil & Gas Production Facilities OFFICE OF THEEE CLERK TO THE BOARD BY: ester./ 1, Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO -ill ii MAR 1 2 1984 i ft BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION;r. LLcy. COLo. 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: SJ.S.R. 614:84: 10 NAME: Universal Oil & Gas, Inc. ADDRESS: 4050 Youngfield St. , Wheatridge, CO 80033 REQUEST: A Use by Special Review permit for oil & gas production facilities LEGAL DESCRIPTION: -Pt. Sz NW1, Section 24, T5N, R66W of the 6th P.M. , Weld County, Colorado LOCATION: South and adjacent to the City of Greeley; east of 35th Avenue; south of 29th Street. 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: - All mineral resources are fixed in location. The mineral extraction industry is therefore restricted in its operations to those areas where the resources lay. The subject site is zoned Tesidential (R-1) but the site is not platted for Tesidential development. The Comprehensive IPlan policies encourage mineral extraction prior to residential development. Residential development on the subject site could reduce the feasibility of ever developing the minerals in -question. Therefore, the proposal is consistent with the policies of the Weld County Comprehensive Plan; - The proposal is allowed with a Use by Special Review permit in a residential zone district; - The attached operation standards will make the proposal compatible with existing and future development of the surrounding area, as permitted by the existing zoning, and with future development -as projected by the Comprehensive Plan of the City of Greeley; - The Greeley Planning Commission recommended conditional approval at its meeting on -February 28, 1984. The concerns of the Greeley Planning Commission are addressed in the operation standards; - The City of -Evans recommended approval in a memo dated February 15, 1984; - 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. U.S.-R. 614:84: 10 Universal Oil & Gas, Inc. March 6, 1984 Page two 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. Prior to scheduling the Use by Special Review case before the Board of County Commissioners, the applicant shall make the following corrections to the Use by Special Review map: - The Use by Special Review map shall show one (1) temporary point of ingress and -egress from 29th Street. The access shall be used to service the two (2) well sites during drilling and completion of the wells; - The Use by Special Review map shall be corrected to show one (1) point of ingress and egress from 37th Street to the tank battery cluster. 4. Evidence shall be submitted to the Department of Planning Services that hazardous substance types, amounts and locations are provided to the Weld County Office of Emergency Management and the Waste. Management Division of the State Health Department prior to scheduling a public meeting before the Board of County Commissioners. Motion seconded by: Sharon Linhart Vote: Far -Passage Against Passage Bill McMurray Tough Graff Sharon Zinhart 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. Secretary \ ADDITIONAL COMMENTS Universal Oil & Gas, Inc. U.S.R. - 614:84: 10 ] . The Department if Planning Services staff has received phone calls and letters -objecting to this proposal. The letters were included in the Planning Commission summary sheet. 2. The Weld County Health :Department is available to assist persons concerning acceptable dumping practices and disposal -of production water and mud. 3. A special transport permit is -required for moving oil rigs on all County roads. The Termit can be obtained by contacting the Weld County Engineering Department. Maack 2, 1984 Memo to: weld County Tlansung Commiz&ion Fhom: Rezidentz oL Cciaagz Fztatea Re: Planned development 06 Oil and Gaa Phoduc.tton -Facitite4 at (pt. S1/2, NW 1/4, Sec. 2-0, T5N, R66W 06 6th P.M. ) Located appaoximately at 3200 block 35th -Avenue, achozz atom Mountain Belt twitching center to the Eazt. Concern iz exptezzed by the tezidentz regarding the above 6acL tes: 1. -Acceoz hoadz A. Accesh toad -6aom pavpozed 6acitity on to 35th Avenue. The paopozed west accezz toad will allow heavy zlow moving tauchz and equipment to entex 35th Avenue at-a patut.icutanly dangehocv, point. South bound taa66Ac on 35th Avenue iz unable to zee vehiclez entexing the highway 6hom this. accezz point until they paoceed oven the cheat 06 the hitt that 0bzttuctz the view 06 the propozed accezz and the Auto -Plaza toad. Lihewize veh.i.cl.ez leaving Lnom tlw accezz point can not zee oncoming tha66ic. Thiz paapozed accezz route hat a dangehouz potential -or lozz 04 Li6e and high phopet'.ty damage. B. Accezz 'Load 6rom paopazed 6aciiity Eazt paovidez a za6en haute, but limits Suture tezidentaL growth to the wcea South and Eazt 06 thiz ?facility. 2. Waste wateh zt0nnge A. No zpeci6ic plan as deactui,ption hat been ptezented to the tezidento 06 Caatiiage Iztatez boa the handling 06 wazte watch. produced 6aom the zepatutti,on 6acility. Conzidehat-i.on zhoutd be given to: 1. In- tegniity 06 thin area 6tom within az welt az without 1. Odah Gram open evapoantion ptoceaz 3. Aeztheticz. 3. Oil ztotage and manu6actutti,ng A. No zpeciLic plan vt design hat been presented boa the zt0aage and zcpcvcation area. ConzidenatLon zh0u1-d b2 given to: 1 . IntegAity 06 this area L'Lom within az well az wtfhowt 2. Aezthetits 3. Fume and vapor odonz complying with autvicent Environmental Protection Agency gu.i.detinea. Weld County Planning Commio&ion Page. 2. -4. Noio e A. Con4idenatLon 4hould be given to nai.be abaLtment (EnvLtonmental PnotectLon Agency No.Lse c,'t texia 4tandand4) during the &rifling pha.e o6 this pilaf eat a4 won at, during the pxoductLon period. Tnucha (,time o6 tnave2 neothie - an4) pump4 (type o6 power abed, electric veasez internal combuA i.on) . 5. Land Luse A. Th,io 6aeil,Lty and its accet,4 nand wi21 ne.att .et the 6utwte development o6 ,the 4wvcounding nebidental area, which limits • potential valuation o6 establahed pitapat/x-6. To e2tablish a gxeen beat between u,b and .the � help. n9 pointon will 4 %te4 would 6. Su6ety A. Con.idena ion 4hould bQ given to the poaa.Lb.il.i,ty ofi 6.ir.e and explo&ion at, well a4 gab leake and .thew .impact on the 4u'noundLng xeeidentiaP an_ea. Does, Wezteicn Hilts have the 6unding, manpowen and equipment to inouxe the 6,iJte. 4a6ety o6 the xe4idento a2ound the oil and ga4 pxoductLon jacil,i ti.ei,? we the xebidente o6 Carriage E4tateb development appxe&iate the .time you have .taken to addxe44 the coneexn4 we have tL5ted above. Although we cute not pteabed with the -dritli.ng 4.Lte, we will not appo4e the 4pecial woe pexmit i6 aux conexnb axe add&esbed ^. *rea 44:". i.�?,-161•..1' toils ,- f\rls R O `An e- - c-1-13:1L-1-c2 her pia- / tc I,' - .t,1 4. t`'41-12, 42... Wit;' Cr".-11 „.— n i r� i 3•144.7r7-. / j f /! .�/ it„t n {get.....--/ r �a.r,z J 1 kk-1 �� Fisi.J ' ieirCI UNIVERSAL OIL & UAS INC. 4050 YOUNG FIELD ST., WHEAT RIDGE, COLORADO 80033 (303) 431-7468 ,17; February 27, 1984 c Mr. Rod Allison /'Fy Weld County Department of Planning Services P/aoos, 915 10th Street Co/ Greeley, Colorado 80631 -Re: Request for U.S.R. Pt. S'NW° , Section 24 TSN-R66W Weld County, Colorado Dear Rod: This will confirm our phone conversation of this morning regarding questions from adjacent property owners regarding access and the legality of our well locations. Order No. 407-1 issued by the Colorado Oil and Gas Conservation Com- mission as of December 19, 1983, established Field Rules for the Codell Formation as to the captioned U.S.R. Rule 2 of said order provides for permitted wells to be located in the center of either 40 acre tract within an 80 acre unit, with a tolerance of 200 feet in any direction. Therefore, a well can be located within 460 feet of the boundary line of an 80 acre tract. The 80 acre units for the wells requested in the captioned U.S.R. will be the E1/2 and the W1 of the MV'q of Section 24. The well in the SE' of NW% will be located approximately 500 feet from the south line and 660 feet from the east line of the NW',. The well in the SW1 of NWN will be located approximately 480 feet from the south line and 680 feet from the west line of the NW 4. The SE' of said Section 24 is also in our lease block in this area. It is our intention that the permanent access road for the tank battery and well in the SE' of NWV of Section 24 will come across the western portion of said lease in the SF4 of Section 24 from 37th Street to the Southeast corner of the lease in the captioned U.S.R. Yours very truly, UNIVERSAL OIL $ GAS, INC. W.G. Van Bebber Manager, Land Department WGVB/sp City of GREELEY CIVIC CENTER, GREELEY. COLORADO 80631 (303) 353-6123 Greeley February 29 , 1984 Rod Allison , Current Planner II Weld County Dept . of Planning Services 915 10th Street Greeley , CO 80631 Dear Mr . Allison : The Greeley Planning Commission reviewed the request by Universal Oil and Gas Company for a Use by Special Review to permit oil and gas production in an R-1 zoning district on property southeast of 29th Street and 35th Avenue at its meeting on February 28 , 1984 . The Commission recommended no objections to the oil and gas production use subject to : 1 ) Effectively screening the tank battery installation through use of berms and/or landscaping ; 2) Restricting pumping units to hydraulic type units if needed in the future ; and 3) Requiring access to the western most wellhead from 29th Street in lieu of 35th Avenue during the drilling and completion of that well . 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 tfeed XAROWSKY.h'ITWER & OLDENBURG SUITE 550.GREELEY NATIONAL PLAZA CHARLES A.KAROWBKY STOW L NINTH AVENUE AND EIGHTH STREET . GREELEY,COLORADO 8063I 39B4 R.SAM OLLD DENBURG ENBURG -AREA CODE 303 JOHN J.BARRY -352-31BI -MARILYN J DAVID February 22 , 1984 Weld County Planning Commission and Board of County Commissioners Weld County, Colorado -915 10th Street Greeley, Colorado 80631 Re : Universal Oil and Gas , Inc. Application for Special Use Permit for the Drilling of Oil and Gas Wells Gentlemen: This office represents Roy Horii who is the owner of the East Half of the Southwest Quarter of Section 24 , Township 5 North , Range 66 West. Mr. Horii received notice of the Application for Use by Special Review and Notice of Hearing. Mr. Horii objects to the Application as submitted because of the following reasons , to wit: (1) From the plat it appears that the location of the oil and gas wells are less than 600 feet from Mr. Horii ' s property. Pursuant to the Oil and Gas Conservation Commission regulations , an oil and gas well must be located not less than 600 feet from the applicant' s lease or property line. It does appear as though the wells are improperly located. (2) The Application proposes to use Mr. Horii ' s property for access to and from the easterly well site. Mr. FF6� . (kg Weld County Planning Commission and Board of County Commissioners February 22 , 1984 Page Two Horii has not and has no intention of -granting to the applicant an easement and right o₹ way for access and thus, it appears as though applicant has failed to provide for adequate well site access . Very truly yours , KAROWSKY , WITWER & OLDENBURG R. Sam Oldenburg nn cc : Mr. Roy Horii LAND USE APPLICATION SUMMARY SHEET February 28, 1984 CASE NUMBER: USR-614:84:10 NAME: Universal Oil and Gas, Inc. ADDRESS: 405D Youngfiled Street, Wheatridge, Colorado 80033 REQUEST: A Use by Special Review Permit for Oil and Gas Production Facilities in a Residential (R-1) Zone District LEGAL DESCRIPTION: ≥?art of the -S1/2NWT, Section 24, T5N, -R66W of the 6th P.M. , Weld County, Colorado LOCATION: South and adjacent to the city of Greeley; East of 35th Avenue and south of 29th Street SIZE OF PARCEL: 47 acres, more or less POSSIBLE ISSUES SUMMARIZED -FROM APPLICATION MAT-ERIALS: The Criteria for review is listed in Section 24.3 of the Weld County Zoning Ordinance. Copies of letters from referral entities with specific requirements and sonaerns are included with this packet. The Planning staff is presently reviewing the proposed access to the Use by Special Review area and will make recommendations at the meeting. The city of Greeley had not met on this proposal at the time this packet was prepared. The Planning staff has received ane (1) letter _of objection, one (1) letter with specific concerns and several phone calls of inquiry about the proposal. The letters from surrounding property owners are part of this packet. RDArrjg FIELD CHECK FILING NUMBER: USR-6t4;84t10 DATE OF INSPECTION: February 27, 1984 NAME: Universal Oil and Gas, Inc. REQUEST: A Use by Special Review Permit for Oil and Gas Production LEGAL DESCRIPTION: Part of the S1 NWT, Section 24, T5N, R66W of the 6th P.M. , Weld County LAND USE: N City of Greeley (29th Street) E Irrigated crops S Irrigated cropland and Carriage Estates W Twn residences, .3 th Avenue °NING: N li: 'lreelev LOCATION: South and adiacent to Greeley; E Residential "R-1" past- of 35th Avenue and south oL29th Street S Residential "R-1", Agricultural and Evans W City of Greeley , COMMENTS: Permanent access to the site is from 35th Avenue. The permanent access to the site is between two single family -dwellings abuting 35th Avenue. The subject site is irrigated cropland. There are no improvements on the subject site. There are approximately 25 homes (Carriage Estates) south and southeast of the site. There are 2 residences west of the site, 35th Avenue and Mountain Bell. BY: / 2 %{--64.1- R Alison, current Planner it RA:rg • r:` _. _ ...... :. 1.. ' ....1.„' f ._ .. f _i �.- € C u' a.•' •�� U• °°� � f ,^� !) �f`'9e I.f ' 111 /• - I • :EMS -\. -^--_ r—�, c I . • B 4.gn 'y Al. . 1...„.i 1� Q ' c6o/ri^((p/. _ °. =iY'�A• Z. • _' I��' _ V us - •no hi, Ill Thitift-V tta I see' Pr-djail Ma i :. . ..Milk" hs,11 ' laliti • KIMIlf 11 -44'\:ilk' " : 1 II: „rig sl :: -; 6- . k 11, . : pig •:...i .- ,..,..Fik • t _ lil �; oEe k° % ',MT tat.* s a t ,, I 11/2- iiii•i" .\\fill : _. _; ----raj _ ____- • • • AVAllite _ 1 •- 11., , • „., _1 ...... %....., .. • IN; :11%.....r- ..• i re . \i-i‘mi , 21. :. ••P i ". 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Lief ...4 , ,,,, ..v., ‘. , ..tqf_Tm , n T 3'‘,- '1 -1 ' ' Pe) • — t 14 V. tribm ' A ' 4 z ?— I f 6 Yom !, r.. v. .r . zdF `1 r r.- �• Ys • P z,YRES 8 .f Ei 'nom Y"� - 4. 1 v ° tn. if .,‘ _ - • hz4 A- , ,,, ' !::'!ft. ' ' ,• 5 la it- _ ,_ y J : \I\ , _ � t�. t if •41,y4 • ;i4.1 ,,y( � f .fie ., r„,,‘„,,,,te,I tt aX959 e 3J4::#.__t •1Y`•_ ,I FC" : f 0- 1 { '' - + 41 ' USR-GDS .Y 4 'q � 7 ' ! "..• aero t'k15p.,1t r h k,.4 ".r y f - Jw ,Pte.,tom` },W rpl,�y � p .. �{ G' 1 ,{ s to 0 i ! 1 4J' +v" i' k �F! 9e�h1o.�it/a. O' ',' a I f 4 .-.tr 7k, 4 .� b s , sw "" f �' Il''' r r 4 s j' 1 _ 9"Ft'reP',.{ ye'^! Y,. •a l !.` _44, pp��y�f,t J fir, d��s ` 4 � : --->f:•--a!?' 'a '4 w�e e:r.-T• ( T f 11 1f 1 t + • 4 1 ' j 1Fn4 'ft ,�4t4,.,44ftrra + F,!.1 &$� , 1'4 fi-, . F4f �A kS.'�c,(,,;;.1. t i,t �+ �k'' :• c a i s l 't i1, - 4 C Sit Y>3^a' ., 1 L c ,44 , :- *pl •ir , • y, Q, ti;e ;. k� all, ' P ,,,tj. i4 • �.yF R .� �L'. l �` t .. +�. \^• . s. 7+� t !glare t->t a ' i I, REFERRAL LIST APPLICANT: Universal Oil and Gas, Inc. CASE NUMBER: USR-614:84:10 SENT REFERRALS OUT: February 9, 1984 REFERRALS TO BE RECEIVED BY Feburary 22. 1984 m m z z m o m o z H Z H H H � 0 H m H 2 z H (a z W kV. �Z PO.. U rU-. z a H m O 180 Cil 14 0 U O P4 W U W U z y a 0 0 En a z • County Attorney (plat only) City of Greeley Department of Planning Weld County Health Department c/o Ken Mcwilliams X XX 919 7th Street Engineering Department Greeley, Colorado 80631 SC7Z Hand delivered 2-8-84 County Extension Agent Town of Evans Colorado Geological Survey X Attn: Glenn Crowson 1313 Sherman Street P.O. Box 59 _ Room 703 Evans, Colorado 80620 Denver, Colorado 80203 Colorado Department of Resourc X Oil and Gas Commission XX I Energy Management Specialists ir 1313 Sherman Street �J Communication Department Denver, Colorado 80203 Weld County, Colorado 80631 Western Hills Fire Prevention District State Engineer Attn: Brian Johnson Division of Water Resources 1804 Cherry Avenue 1313 Sherman St. , Room 818 _. Greeley, _Colorado.-- 80631 Denver, Colorado 80203 Paulette Weaver State Highway Department Planning Commission Member 1420 2nd Street 1725 12th Avenue Greeley, Colorado 80631 Greeley, Colorado 80631 Colorado Department of Health Water Quality Control Division 4210 East 11th Avenue Denver, Colorado 80220 Greeley Soil Conservation Sery 4302 West 9th Street Road Greeley, Colorado 80631 I- r. rho mEmoRAnDum To Planning Department Date Febr 15, q + I COLORADO From lirprrnr ncc. f Emergency Mana ement i • Subject: Case Number USR-64:84: 10 To Whom It May Concern: Pursuant to State Senate Bill 172. Colorado Revised Statues 29-22-107 (2) (a) hazard types and amounts shall be provided along with location to the emergency response authority, waste management division of the department of health and local fire district. Under these provisions no conflicts are noted with regard to the permit. cc: Lea Ekman, Emergency Management Specialist, Office of Emergency Management ICI Weld Ce. Miming Cammiss OA To Rod Allison, Planning Date February 13, 1984 COLORADO From Ron Stow, Environmental Health • Subject: USR-614:84:10/Universal 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 55db (A) 7 AM - 7 PM and 50db (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 - by 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 . . 111924 ' _ _J _ Weld Co. Planning Commission Western Hills Fire Protection District FIRE i • .• RESCUE Station No.1 1804 Cherry Avenue February 14, 1984 stamp No.2 4911 W.20th Street Greeley.Colorado 80631-)303)356-1424 Mr. Rod Allison Weld County Department of Planning Services 915 10th Street Greeley, Colorado 80631 REFERENCE: Use by Special Review Permit Universal Oil & Gas Inc. Case /I USR - 614:84: 10 Dear Rod, I have reviewed all paper work received regarding the above case. I have -enclosed your referral letter indicating that I can find no conflicts this operation will impose on our agency. I would ask that a list of all responsible parties who will be performing work at the sight be provided this agency. The list should include a minimum of two names and phone numbers from each company that we could contact in case of an emergency. If at all possible, I would suggest the County implement this type of emergency contact sheet for all gas and oil production in the County. A copy of this information could then be sent to the appropriate Fire Department and would be invaluable to a Fire Department responding to an incident at an oil site. • Please do not hesitate to contact me if you have any other suggestions or comments. Sincerely, „sC 9Q . 4f/ - - - - - - - . Brian D. J son Fire Chie BDJ/klw Enclosures cc: file L.'-'C:J.,.—.I__., 1 rrRt 17 pr r::;\ I Uri_ al l Lr�i�_: ), r f1..� I�r - 3 15 1964 Weld Ca. Planning Commission ,mac .& G-t lIl KAROWSKY, WITWER OLDENBURG We'd �d• Plar�glA6 GD(01➢isgiop CHARLES A.KAROWSKY SUITE 550.GREELEY NATIONAL PLAZA STOW L.WITWER,JR. NINTH AVENUE AND EIGHTH STREET R.SAM OLDENBURG GREELEY,COLORADO 80831-3994 JOHN J.BARRY AREA CODE 303 352-3181 MARILYN J.DAVID February 22 , 1984 Weld County Planning Commission and 5oard of County Commissioners - Did County, Colorado 915 10th Street Greeley, Colorado 80631 Re: Universal Oil and Gas , Inc. Application for Special Use Permit for the Drilling of Oil and Gas Wells Gentlemen: This office represents Roy Horii who is the owner of the East Half of the Southwest Quarter of Section 24 , Township 5 North, Range 66 West. Mr. Horii received notice of the Application for Use by Special Review and Notice of Hearing. Mr. Horii objects to the Application as submitted because of the following reasons , to wit: • (1) From the plat it appears that the location of the oil and gas wells are less than 600 feet from Mr. Horii ' s property. Pursuant to the Oil and Gas Conservation Commission regulations , an oil and gas well must be located not less than 600 feet fromthe applicant' s - - - - - lease or property line. It does appear as though the wells are improperly located. (2) The Application proposes to use Mr. Horii ' s property for access to and from the easterly well site. Mr. Weld County Planning Commission and Poard of County Commissioners -February 22 , 1984 Page Two Horii has not and has no intention of granting to the applicant an easement and right of way for access and thus, it appears as though applicant has failed to provide for adequate well site access . Very truly yours, SCARO SKY, WITWE & OLDENBURG R. Sam Oldenburg nn cc : Mr. Roy Horii `' ,-- -i 111; ;1 C.-t - // - Mtle%d Cn. Planning Cnmmissim, / C,/ J ��C i L G� -GL' (J /Y fCEGu /lL /z L�.L ' G C[ cL If-6C:CJ ijL aUL v y Aft c 0-(-c , i:LL ' /9(t J 12`Lo(—6aLtt..-77:6\--r. _la/ ` ' / c -':-__Lt U-�',. i 1-:)/L 1-0Z-Ci y Al. t KK3 LL A.-7 /1-4-Li x7-i L,-'u.1-e-V ,"!04,21-a4 /1:;/_1�"4 LL:?c ct)L ) eft-- -_.___ ic_�st�- '' ., ,�i�-L' Ct_L-:-mot P � GL-�-G - ------ a_,Le� ,'motLej./ ec,Li-!.tz_) a-) id! L.GG:vt.ietEliLl<C f - '-4vL/ ai /(/ LAC r QLitz, ,(# etc./L/4_4)4, P , 0 i ° ti-a„ �r . � • • /% ,f h dy d ,oft _ .-->Zilk./21L "'IL (1:14AAja-‘11/C-j Of ret.tTi UNIVERSAL, 0/L & GAS, iivc. 4050 YOUNGFIELD ST., WHEAT RIDGE, COLORADO 00033 February 6 , 1984 Department of Planning Services 915 Tenth Street Greeley , Colorado 80631 Re : Use By Special Review Application Pt . S/2N1V/4 Section 24 , TSN- R66W Weld County , Colorado Gentlemen : Attached is a check for $175 . 00 as application fee along with application and other supporting documents in connection with proposed use of a portion of the captioned tract for oil and gas production facilities . In accordance with the Procedural Guide for Use By Special Review we submit the following : 1. Statements as required in procedural guide 1. a. through g. 2. Application of the prescribed foam. 3. Certified list of names, addresses, parcel numbers of owners of surface rights within 500 feet of the captioned property. 4. Certified list of names and addresses of mineral owners and lessees. 5. Detailed description of the proposed operation and use. 6. Use by Special Review Permit Plan Map (This includes a copy on reproducible material) 7. Copy of the oil and gas leases and assignments. Yours very truly, UNIVERSAL OILF GAS, INC . y\ �� Er W. G. VanBebber Land Manager WGV :ki Enclosures/Attachments Page 2 SUPPORTING STATEMENTS - UNIVERSAL OIL $ GAS , INC . Application for Use by Special Review The proposal is consistent with the Weld County Comprehensive Plan and the residential zone district location. The subject site is currently used for agricultural production. The use would be compatible with the existing surrounding land uses . Agricultural production uses exist north , south and east of the subject site . On the west are some residences facing 35th Avenue , but the actual operations will be more than 300 feet from any existing use other than agricultural production. The proposed use would be compatible with future development of the surrounding area as projected by the comprehensive plans of the Cities of Evans and Greeley. The proposal is consistent with the intent of the residential zone district and is provided for as a Use by Special Review. No Overlay Districts affect the site . Compliance with Use by Special Operations and Design Standards provide adequate protection of the health , safety and welfare to the neighborhood and County . APPLICATION USE BY SPECIAL REVIEW Department of Planning Servico , 915 Tenth Street, Greeley, Colorado Phone - 356-4000 - Ext. 400 Case Number Date Received Application Checked by Applicaticn Fee Receipt Number Recording Fee Receipt Number 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 SPECIAL REVIEW PERMIT AREA: Pt SzNIV1, Section 24 T 5 N R66 W LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: --- Section T N, R W Property Address (if available) PRESENT ZONE R-1 OVERLAY ZONES TOTAL ACREAGE 47 PROPOSED LAND USE oil and gas production facilities EXISTING LAND USE agricultural production Rgbe Us b ; S ecial Review SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR Oc S.E.G.L. Associates, a Joint Venture, comprised of Robert L. Eaton, W. Name: Merrick Garnsey, Steve E. Ley, Janice D. Sears and Steven D. Sears Address: 1221 8th Ave. City treeley, Colo. zip 80631 Home Telephone # --- Business Telephone # 356-7700 Name: Address: City Zip Home Telephone # Business Telephone # Name Address: City Zip Home Telephone # Business Telephone # APPLICANT OR AUTHORIZED AGENT (if different than above) : Name: Universal Oil L Gas, Inc. Address:4050 Youngfield Street CitYWheat Ridge Coln Zip 80033 Home Telephone # --- Business Telephone # 431-7468 Owner(s) and/or lessees of mineral rights on or under the subject properties of record in the Weld County Assessor's Office: Name: Universal Oil F, Gas, Inc. Address:4050 YounRfield Street cityWheat Ridge. Colo. Zip 80033 Name: Address: City Zip Name: Address: City Zip I hereby depose and state under the penalities of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. ) UNIVERSAL OIL $ GAS, INC. COUNTY OF WELD ) J ,es S. J es, President STATE OF COLORADO ature er or Authorized Agent Subscribed and sworn to before me this 6th day of February 19 84 • k'SN 1, \_ A(1 SEAL OT V. PUB IC, d'OSMOlI giiel St. , Wheat Ridge, Co. 80033 My commission expires AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property All that part of the S' NW' of Section 24 , TSN-R66W containing 47 acres and being more fully described in oil and gas lease recorded Bk 966 , Reception 1889664 of the Records of 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. The foregoing instrument was subscribed and sworn to before me this 6th day of February , 1-984 By W. G . VanBebber WITNESS my hand and official seal . My Commission expires : C_;: : `.- es0ct,5.19u3 f Notary Public 4050 Youngfield Street Wheat Ridge , Colorado 80033 ATTACHMENT TO AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Name Address Interest S.E.G.L. Associates 1221 8th Avenue Full fee simple a Joint Venture, comprised Ureeley, Colo 80631 interest in all of Robert L. Eaton, surface and W. Herrick Garnsey, subsurface rights. Steve E. Ley, Janice D. Sears and Steven D'. Sears UNIVERSAL OIL f GAS, INC. 4050 Youngfield Street Lessee of the Wheat Ridge, Colorado oil and gas rights 80033 from S.E.G.L. Associates. DETAILED DESCRIPTION OP PROPOSED OPERATION AND USE BY SPECIAL REVIEW - UNIVERSAL OIL GAS, INC . The -type of use will be oil and gas production facilities located in accordance with the submitted plat . No residential structures art closer than 500 feet to the proposed wells . The tank battery cluster and related production facilities will be more than 1320 feet (a mile) from the nearest residential structure . Drilling operations will be carried on around the clock , involving a maximum of 8 people on the site at any one time during a two week period for each well . If production is obtained , construction of tank battery cluster and related production facilities will take only a few days involving 4 or S people during daytime hours . After production is obtained, there will be a visit to the site by one or two people per day for short duration and a truck to haul away liquid hydrocarbons on a -frequency of less than one trip per day. Facilities constructed will consist of the tank battery cluster, two well heads and buried pipelines . Heavy trucks will be used to move the drilling equipment in and out of the site . The access routes (permanent and for drilling purposes) are shown on the plot plan. All debris and other wastes will be removed from the property . Upon approval of Weld County Health Department , drilling fluids and cuttings will be used as an enhancement to agricultural production upon completion of the drilling operations . Upon completion of operations , all equipment will be removed and the surface restored as near as is practicable ho its original contour . w..� . ... . ,. .w.• soorr.o wr rainy acme( loom No. 151 B ASSIGNMENT OF OIL AND GAS LEASE KNOW ALL MEN BY THESE PRESENTS: That the undersigned, NORTH AMERICAN OIL $ GAS, INC. 4050 Youngfield Street Wheat Ridge, Colorado 80033 hereinafter called Assignor (whether one or more), for and in consideration of One toiler ($1.001 the receipt whereof is hereby acknowledged, does hereby sell, assign, . transfer and set over unto UNIVERSAL OIL FL GAS,R INC. - A050 Youngfield Street Wheat Ridge, Colorado 80033 (hereinafter called Assignee) ALL its Interest in and to the oil andgas lease dated February 15. , 19 82 , from S.E.G.L. Associates, a Joint Venture, comprised of Robert L. Eaton, W. Herrick Garnsey, Steve E. Ley, Janice D. Sears and Steven D. Sears , lessor_ to Cody Nordell. Inc. , lessee_ recorded In book 0966 —,Rai,. 01889664 insofar as said lease covers the following described land in Weld County, State of Colorado • See attached Exhibit "A" • of Section 24 Township -8N Range 66W and containing 47 .acres, more or less together with the rights incident thereto and the personal property thereon, appurtenant thereto, or used or obtained in connec- tion therewith. And for the same consideration the Assignor covenants with the Assignee, its or his heirs, successors or assigns: That the Assignor la the lawful owner of and has good title to the interest above assigned in and to said lease, estate, rights and property, free and clear from all liens, encumbrances or adverse claims: That said lease is a valid and subsisting lease on the land above described, and all rentals and royalties due thereunder have been paid and all conditions necessary to keep the same in full force have been duly performed. EXECUTED, This 6th day of February , 19 84 NORTH AMERICAN OIL $ GAS, INC. Atte t: es S. nes, President STATE OF_ }ss. ACKNOWLEDGMENT FOR INDIVIDUAL (-Kan., Okla. and Colo.) COUNTY OF j Before me, the undersigned, a Notary Public, within and for said County and State, on this day of , 19 , personally appeared and to me personally known to be the identical person_ who executed the within and foregoing instrument and acknowledged to me that executed the stn:.,• as free and voluntary act and deed for the uses and purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year last above written. My commission expires Notary Public STATE OF r-c+" c= i _1 I ,I ss. CORPORATION ACKNOWLEDGMENT COUNTY OF /:¢/rt y`?"'% i f (,/J On this -6 fl day of j.--e 'Li<!/r ) _19 J t , ,before me the undersigned,��-a Notary Public in and for said county, personally came �C -iiiiiUr-':v)_ ', --4 �� President of the f/-",$ za ? r1(7C &%- v r 4'(t f .22-2c1.5-, to me personally known to be :Le President and the identical person whose name is affixed to the above instrument,and acknowl- edged the execution thereof to lie his voluntary act and decd as such officer and the voluntary act and deed of the said ^,Lll, /.11,z-f,-,:ti it 2::i(7 </`y ..;-Ya .2.- C /i_C- , and that the Corporate seal of the said '1'z. j C7- 0-�'t FP r7) (7):<./ fA,f/<.-=-- ( -n i'. - was thereto affixed by its authority. Witness my hand and Notarial Seal at inn)said county the day pgd year last above written. My commission expires Ia-'‘A t•,,,, /7-r5- " cg,.//.,. .- c'_--/ 4 ..J.t/41--..),/ ) ), i y Notary Public EXHIBIT "A" Attached to and made a part of that certain Assignment by and between NORTH AMERICAN OIL F, GAS, INC. , Assignor, and UNIVERSAL OIL f, GAS, INC. , Assignee, dated this 6th day of February, 1984. .11 that part of the NW^ of Section 24, Township S North, Range 66 West of the 6th P.M. , Weld County, Colorado, lying South of a line described as follows: Beginning at a point on the West line of said NW'¢, from which point the Southwest Corner of said NW bears South 00°59'40" East, a distance of 642.00 feet; thence North 89°00' 20" East, a distance of 234 .00 feet;"thence North 52°29' 10" East, a distance of 504 . 31 feet to the beginning of a tangent curve of 310.00 feet radius whose center hears South 37°30'50" East; thence Easterly along said curve through a central angle of 36°31' 10", a distance of 197.59 feet; thence North 89°00'20" East, a distance of 150.00 feet to the beginning of a tangent curve of 610.00 feet radius whose center bears South 00°59'40" East, thence Easterly along said curve through a central angle of 13°00'01", a distance of 138.41 feet ; thence South 77°59' 39" East , a distance of 150.00 feet to the beginning of a tangent curve of 690.00 feet radius whose center bears North 12°00'21" East ; thence Easterly along said curve through a central angle of 13°00'01", a distance of 156.56 feet; thence North 89°00' 20" East, a distance of 248.00 feet; thence South 00°59'40" East, a distance of 121.61 feet; thence North 89°25'03" East, a distance of 987 .89 feet to the East line of said NW!t; EXCEPT the following described tracts of land: Commencing at the West Quarter Corner of said Section 24 and considering the West line of the NA of said Section 24 to bear North 00°59'40" West and with all other bearings contained herein being relative thereto: Thence North 00°59'40" West, along the West line of the NIA of said Section 24 , 247.00 feet to the True Point of Beginning; Thence continuing North 00°59'40" West , along the West line of the NW2 of said Section 24, 200.00 feet; Thence North 89°00' 20" East, 348.50 feet; Thence South 00°59' 40" East , 200.00 feet; Thence South 89°00' 20" West , 348 .50 feet to the True Point of Beginning. r , ALSO, Commencing at the West Quarter Corner of said Section 24 , and considering the West line of the NW'z of said Section 24 to bear North 00°59'40" West and with all other bearings contained herein being relative thereto: Thence North 00°59'40" West, along the West line of the NU' of said Section 24 , 527 .00 feet to the True Point of Beginning; Thence continuing North 00°59'40" West, along the West line of the NWZ of said Section 24 , 115.00 feet; Thence North 89°00'20" East, 234 .00 feet; Thence South 12°46'57" East, 117 .48 feet; Thence South 89°00'20" West, 258.00 feet to the True Point of Beginning. AND ALSO, Commencing at the West Quarter Corner of said Section 24, and considering the West line of the NW% of said Section 24 to bear North 00°59'40" West and with all other hearings contained herein being relative thereto: Thence North 00°59'40" West, along the West line of the NWq of said Section 24 , 247.00 feet to the True Point of Beginning; thence North 89°00'20" East, 348.50 feet; thence South 00°59'40" East, 115.00 feet; thence North 89°00' 20" East, 311 .50 feet; thence South 00°59'40" East, 132.00 feet, more or less, to the South line of said quarter section of said Section 24; thence South 89°00'20" West, 660.00 feet, more or less, to the True Point of Beginning. D 0967 01891287 05/12/82. 10 : d'•12 . 00 1 /004 I 1526..) hi . f ANN P E:L11:::RS'1'I_.l:N tL L IiI< & i AJIR DER WL::I_D t:;0, CO AR1c31d87 ASSIGNMENT OF OIL AND GAS LEASE T r 00 'KNOW ALL MEN BY THESE PRESENTS: U V e:, AR189d045 ihat the undersigned, Cody Nordell, Inc. , 1907 1st Avenue, P.O. Box 908, Greeley, Colorado 80632, Assignor, in consideration of $10.00, the receipt - o of which is hereby acknowledged, does hereby_ sell, assign, transfer and r convey, with no warranty of title untor North American Oil and Gas, Inc. ; .? 2:00 Assignee, the following described Oil and Gas Leases: F0 7150 m a 1 . See attached Lease Schedule "A". m s tnO 1A. This assignment is subject to a 1/64 of 8/8ths Overriding -+ur Royalty Interest in favor of Walker Miller, filed April 27, 1982 H in Book 966 , as Reception No. 1889952 , Weld County z,o Records. rvx rro n 2A. This assignment is subject to a 1/64 of 8/8ths Overriding Royalty Interest in favor of Janice DSears, filed April 27, 1982 in Book 966 , as Reception No. 1889954 , Weld County Records. m' ri n 3A. This assignment is subject to a 1.25% of 8/8ths Overriding Royalty Interest in favor of William G. Ruh, filed April 27, 1982 vt- ,dn in Book 966 , as Reception No. 1889950 , Weld County Tra Records. £0 no 4A. This assignment is subject to a 1.25%of 8/8ths Overriding Royalty Interest in favor of Tim D. Nordell and Donna K. Nordell, Filed April 27, 1982 in Book 966 , as Reception No. 1889948 , Weld County Records. c no os. 2. Assignee accepts this assignment with the express understanding that its provisions will apply to any renewal , exchange, extension or alteration of the basic lease, in whole or in part. Assignee may surrender or relinquish its interest in said lease only after having offered reassignment of said lease to Assignor, such offer to reassign to be made at least thirty (30) days prior to an anniversary date, as used herein, specifically includes expiration date. Assignor agrees to notify Assignee of its acceptance or rejection of such offer to re-assign within five (5) days after receipt of such offer to re-assign, Assignee may then proceed to relinquish and surrender said leases. Any re- assignment under the terms of this paragraph shall be free and clear of all burden, encumbrances or outstanding interest other than those existing on the date hereof. This assignment shall inure to and be binding upon the successors and assigns of the parties hereto. ; �• ' :c:` .-,1-1 E ATTEST: ` ." ' o Vo Cr ell, Inc. r , / PC 0•ni)rae e Donna K. Nordell, Secretary Tim D. Nordell, President - State of CouuttA00 _) ) SS Corporate Acknowledgement Countyof w ELp --) _On 1k\r,t1 11 , 19%7 , before me personally came the above named Tie. Na;,Fy (who being by me duly sworn, did say that he is the PRFS,60,-. r of Loy Ne"--oc:\,c `^i� , corporation, and that the seal affixed to said instrument is the corporate seal of said corpor- ation, who is personally known to me to be the identical person and officer whose name is affixed to the above instrument as President of said Corporation, and acknowledged the instrument to be his free and voluntary _act and deed and the free and voluntary act and deed of said corporation; that said corporation executed said instrument and that said instrument was executed, signed and sealed on behalf of said corporation by authority of its,Board of Directors ............... or by authority of its By-Laws. .t • ......... � • SEAL ` My Commission expires 1-1 �$, kno:•yM^ k-`. Notary Public .• -a). ' �� I I 0 W .O .O .O '-0 O O O co co a0 CO CO 1T CO co it d 00 co W 00 — co 0 .-1 .y .-1 .-1 V Y _ W K O •°o .O .o .o .o .o `o m a. .o .o .o .o •o a. m 0, o 0, 0, • W Ol .in -. 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Z O 7_ Q T T T T O T O 0 0 0 0 O 14 I 7 ~ 9 N 0 O MI a v • t S d 7 00 G r-1 I O • 0 -c 7 (0 N T7 1' X C It) 14 it d 00 0 -• E U G 1.1 N 03 U U .'£ O U) 111 9 1 C Ut in O u 7 >4 O ...4U 1. 'O IA r♦ f+ L' a 0 W J UR. A) H d y D U 44 C '0 ,7 •W 07 0 E 6 01 T d D -1J 9 T 0) k ,y W C U 40 t U d D 1. P. d 0 t •rl r0 14 < GO d CO 0 J: 0 a Z u • o -4-4J 0 o C Ul U pa Li Z W 03 '03 (113M •'.:I:IQdOJTJ '1 )A83"13 NIBIS»nf13.J NNV A?dt'N 13.4'90 I 7. W 1'00./1' OO' ; t$ O1 : 1 L 8/61/S0 St•0 ;68c0 31 e1 8960 1:1 • • 03 10::1 13(1 :::1J(0.103 7.1d V `R:11..1::1 NI 1j 'rad NNV AV I,4 fic.c l .::I . t...00/t, 00"<° 1.1 ;:, • f oU (3 MAR' *4 FEUERSTE:IN CLERK & REC )ER WELD CO, CO A Form-kk—fl'nducerc) -Rev ( )I ' , \ i� t' 4 I.�,' 4 s: F an.. A. Colo. lr; _ \( . T1118 AU RI IMENT. Entered into this the dayot \. ��"s' w t"�L�- , 19 r4 between a S.E.G_L. Associates, a Joint Venture, comprised of rt L. Eaton, W. Herrick Garr-sey, Steve E. Ley, Janice D. Sears and Steven D. Sears hereinafter called lessor. and CODY NORDELL INC_ hereinafter called lessee,does witness: 1. That lessor,for and in consideration of the sum of Dollars in-hand-paid and of the covenants and agreements hereinafter contained to-be performed by the lessee, has this day granted, leased, and let and-by these presents does hereby grant, lease,and let eaelu- sisely unto the lessee the hereinafter described land, and with the right to unitize this lease or any part thereof with other oil and gas leases as to all or any Apart of the lands covered thereby as hereinafter provided, for the purpose of carrying on geological, geophysical and other exploratory work, in- cluding core drilling, and the drilling, mining, and operating for,producing,and saving all of the nil,gas,casinghead gas,casinghead gasoline and all other gases and their respective constituent vapors, and for vcrs.ctitrAiRkyxdalaying pipelines,building tanks,storing oil,kistWK'Arxxxxllirix C'Rx5(? see lines and other structures thereon necessaryxisxh(iX.)u)+MC-for the economical operation of said land alone or conjointly with orielrbonne lands. to produce, save, take care of, and manufacture all of such substances,xgCrkkgs#'.Ax?:Ii NIci(()21C.XXxKDX9(X said tract of land with.any reversionary rights therein being situated in the County of Weld • State of Colorado ,and described as follows: See attache-d -Exhibit 1 / and containing_ 1717 acres,more or less. If conditions hereof are met 2. It is agreed that this lease shall remain in full force for a term until February 15, 1-985 and as long thereafter as oil or gas,or either of them,is produced from said land (or from lands with which said land is consolidated)or the premises are being developed or operated, 3. In consideration of the premises the said lessee covenants and agrees: To_deliver to the credit of lessor, free of cost, in the pipe line to which lessee may connect his-wells, the equal one-eight(1/8)part of all oil produced and saved from the leased-premises. 4. The lessee shall monthly pay lessor as royalty on gas marketed from each well where gas only is found,one-eighth(1/81 of the proceeds if sold at the well, or if marketed by lessee off the leased premises,then one-eighth (1/8)of its market value at the well.The lessee shall pay the lessor: (a)one- eighth (1/8), of the proceeds received by the lessee from the sale of casinghead gas,-produced from any oil well;(b)one-eighth(1/8)of the value.-at the mouth of the well,computed at the prevailing market price,of the casinghead gas,produced from any oil well and used by lessee_off the leased premises for any purpose or used on the leased premises by the lessee for purposes other than the development and operation thereof. Lessor shall have the privil- ege at his own risk-and expense of using gas from any gas well on said land for stoves and inside lights in the principal dwelling located on the leased preim ses by making his own connections thereto. Where gas from a well or wells, capable of-producing gas only,is not sold or used for a period of one year,lessee shall pay or tender as royalty. an amount equal to the delay rental as provided in paragraph (5)hereof,payable annually on the anniversary date of this base following the end of each such year during which such gas is not sold or used, and while said royalty is so-paid or tendered this lease shall be held as a producing property under paragraph numbered two hereof. 5. If operations for the drilling ofa well for oil orgas are not commenced on said land on or before the 15thday of February /unless terms of Addendum -are met, and 19 83 ,this lease shall terminate as to both parties,/unless the lessee shall on or before said date-pay or tender to the lessor or for the lessor's-credit in the Cf All JJO✓ C/27 e tA.) -Bank at 6L''e.t i Z-'- ,or its successors,which Bank and its successors are the lessor's agent and shall continue as the depository of any and all;sums payable under this lease regardless of changes of ow nership in said land or in the oil and gas or in the rentals soaccrue hereunder,the sum of $1 .00 per mineral -acre Dollars,which shall operate-as a rental and cover the privilege of deferring the commencement of operations for drilling for a period of one year. In like manner and upon like payments or tenders the commencement of operations for drilling may further be deferred for like periods successively.All payments or tenders may be made by check or draft of lessee or any assignee thereof,mailed or delivered on or before the rental paying date,either direct to lessor or assigns or to said depository bank, and it is understood and agreed that the consideration first recited herein,the down payment,covers not only the privilege granted to the date when said first rental is payable as aforesaid, but also the lessee's option of extending that period as aforesaid and any and all other rights conferred. Lessee may at any time-execute and deliver to Lessor,or place of record,a release or releases covering any portion or portions of the above -described premises and thereby surrender this lease as to such portion or portions and be relieved of all obligations as to the acreage surrendered, and thereafter the rentals payable hereunder shall be reduced in the proportion that the acreage covered hereon is reduced by said release or releases. 6- aeuld the-(test-weBdri)ledrm-lheab04tdracri ed-land h.. a dry h L rihenrend-in-that-e.:eatril'a,e ors4—eBJe++oiooromenCed+as -:+' a within twelve months from expiration of the last rental period for which rental has been aid • - l-erminatr-aS tooth parties. unless the lessee on or before the expiration of said twelve months_paiLres.urne-theyaymenTor nta sin the same amount and in the same manner as hereinbefore provided. And - 1 uporrthrTdsumplson of the payment of rentals,as above provided,that the last preceding paragraph hereof,governing the frem,, 0,,d ti.. sfleet-eL...of L_il.o,.C.....:.. force-rant 7- If said lessor owns a less interest in the above described land than the entire and undivided fee simple estate therein, then the royalties and rentals herein provided shall be paid the lessor only in the proportion which his interest bears to the whole and undivided fee. However,such rental shall be increased at the next succeeding rental anniversary after any reversion occurs to cover the interest so acquired. 8. The lessee shall have the right to use, free of cost,gas,oil and water found on said land fur its operations thereon,except water from the-wells of the lessor. When required by lessor, the lessee shall bury its pipe lines below plow depth and shall pay for damage caused by its operations to growing crops on said land. No well shall be drilled nearer than 200 feet to the house or barn now on said premises without written consent of the lessor. Lessee shall have the right at any time during,or after the expiration of,this lease to remove all machinery,fixtures,houses,buildings and other structures placed on said premises,including the right to draw and remove all casing.Lessee agrees,upon the completion of any test as a dry hole or upon the abandonment of any producing well,to restore the premises to their original contour as near as practicable and to remove all installations within a reasonable time. 9. If the estate of either party hereto is assigned(and the privilege of assigning in whole or in part is expressly allowed),the covenants hereof shall extend to the heirs,devisees,executors.administrators,successors,and assigns,but no change of ownership in the land or in the rentals or royalties or any sum due under this lease shall be binding on the lessee until it has been furnished with either the original recorded instrument of conveyance or a duly certified copy thereof or a certified copy of the will of any deceased owner and of the probate thereof, or certified copy of the proceedings showing appointment of an administrator for the estate of any deceased owner, whichever is appropriate, together with all original recorded instruments of con- veyance or duly certified copies thereof necessary in showing a complete chain of title back to lessor to the lull interest claimed, and all advance pay- ments of rentals made hereunder before receipt of said documents shall be binding on any direct or indirect assignee, grantee, devisee, administrator, executor,or heir of lessor, 10. It is hereby agreed that in the event this lease shall be assigned as to a part or as to parts of the above described land and the holder or owner of any such part or parts shall make default in the payment of the proportionate part of the rent due from him or them,such default shall not operate to defeat or affect this lease insofar_as it covers a part of said land upon which the lessee or any assignee hereof shall make due payment of said rentals. 11. Lessor hereby xxttls.aulii.YK-X J:A.T_ IXXIU.XC2:::C04 xnAte3:A1oe.ad CC ety.,NdNJiilC agrees that the lessee, at its option, may pay and dis- charge in whole or in part any taxes,mortgages,or other bens existing,levied.or assessed on or against the above described lands and,in es ent it exercises such option. it shall be subrogated to the rights of any holder or holders thereof and may reimburse itself by applying to the discharge of any such mort- gage,tax or other lien,any ro,ally or rentals accruing hereunder, 12. Notwithstanding anything in this lease contained to the contrary, it it expressly agreed that if lessee shall commence operations fur drilling at any tune w hilt this lease is in force, this lease shall remain in force and its terms shall continue so long as such operations are prosecuted and,if produc- tion results therefrom,then as long as production continues. If within the pninary term of this lease, production on the leased premises shall cease from any cause.this lease shall not terminate pros ided operations for the drilling of a well shall be commenced before or on the next ensuing rental paying date:or,prodded lessee begins tar resumes the pay ment of rentals in the manner and amount hereinbefore provided. If, after the expiration of the primary term of this lease, production on the leased premises shall erne from any cause, this lease shall not terminate provided lessee resumes operations for reworking oe drilling a well within sixty (60) days from such cessation and this lease shall remain in force during the prosecution of such operations and,if production resultsthereform,then as long as production continues, 13. Lessee is hereby given the right at its option, at any time and from time to time. to pool or unitize all or any part or parts of the above de- scribed land with other land,lease, or leases in the immediate s irimty thereof, such pooling to be into units not exceeding the minimum size tract on -which a well may be drilled under laws. rules, or regulations in force at the time of such pooling or unitization: provided,isowever,that such units may exceed such minimum by not more than ten acres if such excess is necessary in order to con!orm to ow nership subd is ici ens or lease lines. Lessee shall exercise said option, n to each desired unit, by executing-and recording an instrument ide nuts mg the unitized area. Anv well drilled or operations eon- -ducted on any part of rich such unit shall be considered a well drilled or operations conducted under this(rase.and there shall be allocated to the portion of the above described land included in any such unit such proportion of the actual production from all wells on such unit as lessor's interest,if any,in such portion, computed on an acreage basis, bears to the entire acreage of such unit. And it is undo rswud and agreed that the production so allocated shall beconsidered fur all purposes, including the payment or delis try el royalty, to be the entire production from the portion of the abose described land included in such unit in the same manner as though produced from the above described land under the terms of this lease. 14. Tlus lease and all its terms. conditions and stipulations shall eslend to.and be binding on each of the parties sehss signs this lease,regardless of Is nether such lessor is named above and regardless of s,hiether it is signed by any of the other parties herein named as lesaors.'rhis lease n.as be signed in c,n.nterl ...acts to has.. the same effect as the original. See i:xitu it A attached hereto, for 'In Addendum containing WITNESS WITNSS Will It OF,we sign the etas and year first abuse written. more specific terms. \Cones,. SEE ATTACHED SIGNATURE PAGE AT THE TIME OF RECORDATION. THIS IN- STRUMENT- tart-P.IHNO-TO BC HA FOR THE EEST -REPRODUCTION BECAUSE 9e_iufrcLfLLlit_Ca bQND&PF1QT0_. . COPY. DI:COLORED PAPER, ETC. kt 0966 REC 01889664 04/23/82 13 - 09 $25 .00 2/007 f 0874 MARY ANN FEUERSTEIN CLJ:::RI< & RECORDER WELT) CO, CO S.E.G J Associates, CODY NORDELL, INC. A Jo:4nt V4nture ( \ i -%6Pek-i1 Lessee �� bert L. Eaton, Lessor Attest: ' W 1• �t ;�Cy yi t - W. H crick Garnsey, Ls-ybr \ - i _- (\.__ 'Steven E. Ley, Lesyo //4 .a '/Janice D. Sears, Lessor ( A P \i. /,L1 .-)rven D. Sears, Lessor STATE OF COLORADO ) ) COUNTY OF WELD ) BEFORE ME, the undersigned, a Notary Public, in and for said County and State, on the j<rL day of i;/,,,„_., , 19_82, personally appears Robert L. Eaton, W. Herrick Iaiusey, Steven E. Ley, Janice D. Sears and Steven D. Sears, to me known to be the identical persons described in and who executed the within and foregoing instrument of writing and -acknowledged to -me that they duly executed the sfe us,-). their free and voluntary act and deed _for the uses and purposes therein .set ',forth: IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed -my notarialscal ' the day and year last above written. \ '-2 My Commission Expires / " �','-> ��+. My Address Is: ' ,, :L`,• ''k ( I Notary Public STATE OF COLORADO ) ) COUNTY OF ) On this 4 day of _JO , 1982, before -me personally appeared C0/) / ( V PJ'k to me personally known, who, being by me duly shorn, did say that he is they' ,')ryy /gip of Cody Nordell, Inc. and that the seal affixed to said instrument is the corporate seal of said corporation and that said instrument was signed and sealed in behal(f of aid cor- poration by authority of its Board of Directors, and sak 3 /17 Li IUCA11 Q acknowledged said instrument to be the free act and dead of said corporation. IN WITNESS WHEREOF, I have -hereunto set my hand and affixed my notarial seal tht3.day.and year last above written. o`''< Fd1yrCommissian expires: L1-) i'5._ �a .' I / o'h My Address 1s: ,-2y +,sly l L.� -fk_R 1. � LCC (' Cl �' �` ��- - M t C, ,, Notary Pu lic B 0966 -EC 01809664 04/23/82 13 . 9 $2.1 .00 3/007 F 0875 MARY ANN FEMEASTEIN CLERK & RECORDER WELD -CO, CO EXHIBIT TO OIL AND GAS LEASE DATED THIS Jr DAY OR, La 198�Y�BE- Tlti'EEN Associates, a jointAS LESSORS, AND CODY NORDELL, ,4NC. LESSEE. venture (comprised of Robert L. Eaton, W. Herrick Garnsey, Ste n t. Ley, Janice D. Sears and Steven D. Sears) This Addendum is attached to and made part of the above referenced Oil and Gas Lease: 1. Nature of this Addendum: This Addendum sets forth additional terms and conditions of the Lease between the parties and is more specific than the at- tached printed form. If there is any conflict between this Addendum and the at- tached printed form, this Addendum shall control. 2. Lease Part of Lease Block; Nature and Rights: This Lease is a part of a block of leases referred to as "Lease Block," which creates certain rights as follows: a. Description of Lease Block: The description of the lands in- cluded within the "Lease Block," including the lands of the within Lease, are de- scribed as follows: All lands covered by leases to Cody Nordell, Inc. or Cody Nordell Exploration, Inc. as Lessee in Sections 15, 22, 24, and 25 in Township 5 North, Range 66 West of the 6th P.M. and Section 30 in Township 5 North, Range 65 West of the 6th P.M. , all in Weld County, Colorado containing approximately 1,200 acres, more or less, but subject to additions of other leases to the same Lessees in the same -townships and ranges. b. Nature and Purpose of Lease Block This Lease and all other Leases to the Lessee within said Lease Block shall be considered together for pur- poses of the Tight of Lessee to extend said Leases beyond February 15, 1883 by -reason of commencement of operations within said Lease Block and payment of delay -rentals as hereafter set forth. These provisions are limited to said purpose and no other. Specifically, these provisions shall not be deemed an agreement of uniti- zation or pooling. c. Right to Extend and Renew Leases Within Lease Block Upon Cer- tain Terms: All Leases within the Lease Block provide for commencement of opera- tions on or before February 15, 1983. For purpose of this Lease, "commencement of -operations" shall mean actual spud date, i.e. , commencement of actual drilling with the drill rig in place. If no such operations are commenced on the specific pro- Terty leased herein or if said property is not unitized with other property within the Lease Block on or before said date, this Lease shall terminate unless Lessor _pays the delay rental provided in the printed form of the Lease and unless the fol- lowing occurs: (1) Extension for One Year Beyond February 15, 1983: Operations have teen commenced on lands within the Lease Block on or before February 15, 1983. (i) Formations to be Explored: Once Lessee has timely commenced operations, the well shall be diligently completed and shall test the _following formations: Sussex, Shannon, Niobrara and Codell. In addition, Lessee may test the Dakota "J" sand formation. (2) Extension for a Year Beyond Febuary 15, 1984: 7f no operations have been commenced on the lands leased herein or if they have not been _unitized with other lands in the Lease Block on or before February 15, 1984, then this Lease may be extended only upon payment of the delay rental provided and by commencement of operations for two additional wells on or before February I5, 1984 on other lands within the Lease Block, at least one of which other lands are -no further than 1350 feet from the premises leased herein. (i) Formations to be Explored: Once commenced, both such additional wells shall be diligently completed and shall test the following formations: Sussex, Shannon, Niobrara and Codell. In addition, at least one of the three wells (including the first well to be drilled under subparagraph (1) above) shall test the Dakota "J" sand formation. 3. Nature of Surface Interests: The lands being leased herein are de- velopmental lands by reason of their inclusion within, or proximity to, the Cities Tage 1 of Addendum i� 0966 RE )1889664 04/2.3/82. 13 : 09 $21 .00 4/007 F 0876 MARY ANN I EJERsTEIN CLERK & RECORDER W1::LI) CO, CO of Greeley and Evans in the State of Colorado. As a result thereof, said lands have either been subdivided or may he in the future for more intensive, urban use. It is the intention of the parties to preserve and protect those developmental rights of Lessor by recognizing that the Mineral Lessee cannot have unlimited rights to the use of the surface but rather must conduct its operations in a manner to avoid unnecessary damage or interference with such developmental surface use. 4. Ancillary Rights: This Lease includes the granting to Lessee of necessary rights incidental to the exploration and production of oil and gas hut it is also expressly concerned with the protection of the surface interest and the water rights of Lessors. Accordingly, -ancillary rights shall be limited to only those asare necessary such as a pipeline and installation of necessary power lines. Any above ground facilities shall be kept to the -absolute minimum and if there are alternatives to the location of any such facilities, they shall be lo- cated where they cause the least damage to Lessor's surface interests. S. The Following Provisions -Shall Control Lessee's Activities on the Subject Property: a. Minimum Use of Surface: Under any circumstance, Lessee shall make all reasonable efforts to use only the minimum amount necessary of lessor's property in its operations so as to minimize any damage to, or interference with, Lessor's property. The maximum acreage affected shall be no more than three (3) acres per well site, provided however, if more than one well site is located on a drilling site as provided in subparagraph b. hereof, the affected acreage -may be increased up to 6 acres. "Affected acreage" shall include the well site, any roads installed, areas for pipelines and utilities, tank batteries and any other use of the property. b. Only One Drilling Site Per Eighty (80) Acres: In order to minimize interference with surface _usage, Lessee shall Tot locate more than one (1) drilling site on each eighty (80) acres within the Lease Block. At the same drill site, however, Lessee may directionally drill to additional locations and locate more than one well at the same drill site, but no more than 3 wells. c. Location of Facilities; Approval of Lessor: Facilities shall generally be located so as to -minimize damage nr interference with Lessor's pro- perty, including due consideration for existing or planned urban or developmental use of the surface. Lessee shall consult with lessors -prier to the proposed loca- tion of any exploration, well site or facility related to this Lease and Lessee shall not conduct any activities on the subject property without the prior written approval of Lessors as to the location of such activities. Lessor shall not with- hold such approval if the proposed location avoids unreasonable damage or inter- ference -with the subject property and its development, and so long as any such loca- tion is consistent with the other terms hereof. d. Establishing Drilling Location: Lessor -nay specify an accept- able location on the leased premises fora drilling site in order to minimize dis- ruption of the planned surface usage. if reasonably practicable for said purpose on the premises and if not in violation of the spacing or other requirements of the Colorado Oil and Gas Commission, Lessee shall use such specified drilling site. If such specified location hoes violate the rules of said Commission or is -not reasonable for the development of the premises for the Lease pruposes, the parties shall agree as to another location consistent with the terms hereof. e. Distance from -Established Improvements: Any drilling site shall not be nearer than 300 feet to improvements en the leased premises without the writ- ten consent of Lessors. The term "improvements" shall include all buildings, irri- gation facilities and other permanent structures on the property. f. Above Ground Facilities: To the extent reasonably possible, Lessee shall minimize the installation of above ground facilities for producing wells. In addition, any motors shall be electric only and all tankage shall beef low profile. All above ground facilities shall be appropriately screened by Lessee -with a ten (1-0) foot semi-opaque screening or other fencing approved by Lessor. g. Pipelines: All pipelines shall be located to -meet es -many of the following criteria as is reasonably possible: Along or near lot lines; within dedicated utility easements or roadways; and as far from established improvements as reasonably possible. Further, pipelines shall he buried beneath plow depth and Page 2 of Addendum D 0966 REC 189664 04/23/82 13 : 09 '1 .00 5/007 E 0077 MARY i NN L'EUERSTFTN CLERK & RECORDER WELD CO, CO water packed upon installation. In excavating, the soil shall be separated and then returned back in the same order and leveled, with topsoil on top. No pipeline shall be permitted which serves any well not located on the leased premises, unless the leased premises are unitized with such well. h. Utilities: Utilities reasonably necessary for the production of oil and gas shall be placed underground, unless the Lessor otherwise agrees. Fur- ther, the same shall be located and installed upon the same criteria and in the same manner as is provided for pipelines. i. Roadways: Whenever reasonably possible, Lessee shall use estab- lished or planned -roadways an the premises and avoid damage to the subject property. Should it be reasonably required that Lessee establish its own roadway, then the same shall be located consistent with the terms of this Addendum in order to minimize interference with the surface usage and avoid unreasonable damage consistent with the other terms hereof. 6. Damages: Bonuses and rentals paid or promised to be paid are consider- ations solely for the privilege of leasing and not compensation in -any way for the surface use of the leased premises. In addition to crop damage, Lessee shall pay and be responsible to Lessors for all damages to the leased premises and for the sight to use the same by reason of is exploration and production activities in accordance with the following terms: a. Restoration: Upon completion of any activity by Lessee, the leased premises shall be restored to its original condition as near as is reasonably practicable. If a well site is drilled, all matters brought _upon the premises and not required for production shall be removed within a reasonable time, including any and all concrete, betonite, sludge pits, etc. , and not just buried. Upon completion of all activities, the facilities of Lessee shall be completely removed from the premises and the -same restored as above provided. b. Payments Prior to Activity: Prior to drilling anywell, Lessee shall pay Lessor $1,009.00 per acre for the drilling or well site, with a minimum of three (3) acres. In addition, and at the same time, Lessee shall deposit $2,000.00 per acre for the same acreage with a bank in Greeley, Colorado or other escrow ac— ceptable to Lessors to be held by such escrow agent for payment to Lessor for any additional damages caused by Lessee's activities and as security for restoration of the premises if the well is a dry hole. If the well is such a dry hole and Lessee has timely and properly restored the premises, Lessee can make written demand upon Lessor for release of the escrow monies to Lessee, with a copy to the escrow agent. Unless Lessor notifies both lessee and the escrow agent in writing of any objection to payment of the funds to Lessee -within thirty (30) days of Lessor's receipt of the notice from Lessee, escrow agent may pay said funds to Lessee. If there are addi— tional damages or Lessor believes Lessee has not adequately or timely restored the premises, Lessor may make a written demand for payment to Lessee, with a copy to the escrow agent. Unless Lessee objects in writing to Lessors and escrow agent that the demand is excessive within twenty (20) days of Lessor's demand, escrow agent shall pay the amount to Lessors. In the event of timely abjection by Lessee, each party shall appoint one arbitrator to assess the damages, and the two arbitrators so ap- pointed shall appoint a third. A decision of the majority of said arbitrators as to the dollar amount of addition-al damages shall be binding on the parties -hereto. Any such arbitrator selected shall be reasonably familiar with the values of the property or damages involved. If the damages are determined to be in excess of the amount deposited in escrow, the Lessee shall be liable for said excess and shall pay the same immediately upon determination. c. Payments if Producing Well: If the well is not a dry hole and the Lessee's facilities are left in place for production purposes, lessee shall pay additional damages for affecting lessor's property as follows: a gross damage figure shall be determined by multiplying the per acre market value of the leased property affected times the acres affected times the interest in the property used by Lessee. The term "interest in the property" shall be expressed in a percentage. For example, the well site and surface area used for a producing well, including a roadway, shall be deemed a 1000 interest in the property. Dn the other hand, the necessary right- of-way for underground pipeline or utilities shall be deemed a SOo interest in the property. Until February LS, 1984, the per acre value of the leased property shall Page 3 of Addendum It 0966 01 809664 04/23/02 13 : w $21a00 6/007 F 0070 MARY ANg I EUERS"T'G_IN CL.E:RI< & RECORDER WE:L.D CO, CO be deemed to be $ Z 01000. vv for these purposes. Thereafter, said value shall be adjusted to reflect the fair market value of the leased property. After so deter- mining the gross damage figure, the $1,000.00 per acre paid pursuant to subpara- graph b. above shall be subtracted to determine a net damage figure. Lessee shall then, at its option, pay Lessor for the same under either of the following alterna- tives: (i) said net damage figure in total, or with Lessor's consent, over an es- tablished time period, or (ii) 1 .25% of said net damage figure per month for each month that the Lessee's facilities are in place on the leased property. d. Additional Damages: The provisions for payment in case of a producing well are compensation solely for the use of or damage to the interest in the subject property and is not intended to cover any 'other damages to Lessor's property, such -as damages to crops, improvements or otherwise, which shall remain the liability of Lessee to immediately pay. 7. Providing of Information: -At Lessor's request, Lessee shall provide Lessors with all geological information obtained from lessee's drilling and 'explor- ation upon the leased premises free of charge. 8, Limitations on Unitization and Pooling: Unless the leased premises are less than 45 acres, Lessee shall tot Dnitize, -pool or combine the leased prom- ises with other lands for -oil production. Any unitization, pool or combination for production of gas purposes shall be subject to Lessor's approval, which will not be unreasonably withheld so long as the proposed unit, pool or combination is in accordance with established rules and regulations of the Colorado Oil and Gas Commission and the same will not be detrimental to Lessor sharing in the produc- tion from the applicable well. 9. Limitation on Shut-in Provision: Notwithstanding the terms of the printed form to which this exhibit is attached, if a well is drilled which is capa- ble of producing gas and the same is not sold as used for a period of six (6) months, Lessee shall pay or tender as royalty an amount equal to $100.00 per acre of -the leased premises on or before the next anniversary date of this Lease after the ex- piration of said six (6) month period. Upon payment of such amount, this Lease shall be held as a producing property under paragraph 2 of the printed Lease form for an additional year, but no longer. If there is no actual production ±efore the end of that additional year, this Lease shall terminate unless capable of extension in accordance with other terms hereof. S.E.G.L. Associates, CODY NORDELL, INC. A oint Venture M J _ By (iv! . ) // 1((• ( Robert L. Eaton Lessor Lessee' AI l 1 -1 ' ATTEST: W. Herrj,clr Garnse Ler 1' ./ Steven E. Ley, Lsor i .'Janice D. Sears, Lessor 1 /4* A-- en D. Sears, Lessor Page 4 of Addendum B 0966 REC 01889664 04/23/82. 13 : 09 $21 .00 7/007 F 0879 MARY ANN F'EUE:RSTEIN CLERK & RECORDER WELD CO, CO EXHIBIT 1 • .11 that part of the Nh-t of Section 24, Township 5 North, Range 66 West of the 6th P.M. , Weld County, Colorado, lying South of a line described as follows: Beginning at a point on the West line of said NA, from which point the Southwest Corner of said NW' bears South 00°59'40" East , a distance of 642.00 feet; thence North 89°00' 20" last, a distance of 234.00 feetrthence North 52°29' 10" East, a distance of 504 . 31 feet to the beginning of a tangent curve of 310.00 feet radius whose center hears South 37°30'50" East; thence Easterly along said curve through a central angle of 36°31' 10", -a distance of 197 .59 feet; thence North 89°00' 20" East, a distance of 150.00 feet to the beginning of a tangent curve of 610.00 feet radius whose center bears South 00°59'40" East, thence Easterly along said curve through a central angle of 13'00'01", a distance of 138.41 feet; thence South 77°59' 39" East , a distance of 150.00 feet to the beginning of a tangent curve of 690.00 feet radius whose center bears North 12°00'21" East ; thence Easterly along said curve through a central angle -of 13°00'01", a distance of 156.5-6 feet; thence North 89°00' 20" East, a distance of 248.00 feet; thence South 00°59'40" East, a distance of 121.61 feet; thence North B9°25'03" East, a distance of 987 . 89 feet to the East line of said WW1/4; /1 EXCEPT the following described tracts of land : Commencing at the West Quarter Corner of said Section 24 and considering the West line of the NW% of said Section 24 to bear North 00°59 '40" West and with all other bearings contained herein being relative thereto: Thence North 00°59'40" West, along the West line of the NW2 of said Section 24 , 247.00 feet to tine -True Point of Beginning; Thence continuing North 00°59'40" West, along the West line of the NWt of said Section 24, 200.00 feet; Thence North 89°00'20" East, 348.5_0 feet ; Thence South 00°59'40" East , 200.00 feet; Thence South 89°00' 20" West, 348 .50 feet to the True Point of Beginning. - ALSO, Commencing at the West Quarter Corner of said Section 24 , and considering the West line of the NW'q of said Section 24 to bear North 00°59'40" West and with all other bearings contained herein being relative thereto: Thence North 00°59'40" West, along the West line of the NWZ of said Section 24, 527 .00 feet to the True Point of Beginning; Thence continuing North 00°59' 40" West, along the West line of the NW' of said Section 24, 115.00 feet; Thence North 89°0020" East, 234 .00 feet; Thence South 12°4h57" East , 117 .48 feet; Thence South 89°0020" West, 258.00 feet to the True Point of Beginning. AND ALSO, Commencing at the West Quarter Corner of said Section 24, and considering the West line of the NW'r of said Section 24 to bear North 00°59'40" West and with all other hearings contained herein being relative thereto: Thence North 00°59'40" West, along the West line of the NWZ of said Section 24 , 247.00 feet to the True Point of Beginning; thence North B9°00' 20" East, 348.50 feet; thence South 00°59'40" East, 115.00 feet; thence North 819'00' 20" East , 311 .50 feet; thence South 00°59'40" East, 132 .00 feet, more or less, to the South line of said quarter section of said Section 24; thence South 89'110' 20" West, -660.00 feet, more or less, to the True Point of Beginning. AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. 111 J f Subject Property (12,U +hi rnl,ii (_,2% L VP ((In % " 4 h'l,0)FJ X/ P/ L`�`uuux� LLB p G � STATE OF COLORADO ) 71 G�).0 c ritem �ted „,Ii., l) /-KGf to -elet-2-C—COUNTY OF WELD ) ss. LYC ICaf�� :f9L 1h�34 LPG /�/ ^ � �, . .: , - OF Li I' QLL tttk' Ili CCl-jd 1.4, 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 and the corresponding Parcel Identification Number assigned by the Weld County Ass-essor of the owners of property (the surfac-e 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 submissjon date. 7C/H.,h ) ,t fr Il.)- ( 11,1ti&i ki-,,,,7(- li The foregoing instrument was subscribed and sworn to before me this ti 6,' day rte-,.. , 1999 by )5 at,t,jam, . a. CL)<_LA allid WITNrn)y ;hand and official seal . l , x Ply Clm mis$-!or'qxpires : Cc.-/-44_, /,'?_5 C-1"o . eeF ' Notary Public NAMES r OWNERS OF PROPERTY WITHIN 500 , LET • Please print or type NAME ADDRESS , TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION # Charlene Faden Mantel c/o Russell Billings Jane Faden Hubbell 1727 71st Ave, Greeley 80631 62095923000011 Mountain States Telephone & Telegraph Co. 62095923000032 2809 35th Ave Greeley Lodge #809 BPOE Greeley 80631 62095923000033 26542 Weld County Road 51 Duell Co. Greeley 80631 62095924000012 William A. Rutledge, 1309 lath Ave Roderick E. Kirk & Greeley 80631 62095924100039 John P. Watson 1221 8th Ave SEGL Associates Greeley 80631 62093924200003 L E G Same 62095924201004 Same Same 62095924201006 Same Same 62095924201008 Same Same 62095924201009 Same Same 62095924201013 Same. Same 62095924201016 Same Same 62095924201018 Edward D & 3190 35th Ave Marlene E Johnson Greeley 80631 62095924200029 David H & P 0 Box 882 Hazel B Adolph Greeley 80631 62095924200030 Trinity Lutheran 716 16th St Church of Greeley Greeley 80631 62095924200043 Greeley Building Sunset Memorial Gardens Greeley 80631 62095924200048 Central Weld County 105 18th St Water Di-strict Greeley 80631 62095924200049 rl layr—Te—gt 1310 41st Ave Ida May Else Greeley 80634 62095924200068 Lyle James & 3234 35th Ave Joan Kay Ault Greeley 80631 62095924200069 1100 8th Ave W Herrick Garnsey Greeley 80631 62095924201005 S & A Partnership Same 62095924201007 1904 26th Ave R L Eaton Greeley 80631 62095924201014 3100 28th St Mary Helen Shaklee Greeley 80631 6209592 4201015 Norton, Underwood 1020 28th Ave & Lamb Investments Greeley 80631 62095424201017 George A & 3406 25th Ave Mary M Beckman Greeley 80634 62095924300001 NAMES uF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR' S PARCEL STATE AND ZIP CODE IDENTIFICATION # s Roy & 44721 County Rd PP Helen S Horii Wray, Co 80758 62095924300006 Loren & Margaret Ulrich 3324 24 Ave P1L Greeley 80631 62095924307035 _Daniel L & Penny A Andrews 3320 34 Ave P1, Greeley 80631 62095924307036 Eldon J Jr & Susan J Gampbell 131-6 34 Ave Ti, Greeley 80631 620939211307037 Katherine -Pape 3312 34 Ave Pl, Greeley 80631 62095924307038 Edwin W & Mary E Barnhart 3409 34 Ave P1, Greeley 80631 62095924.307039 Louise Wells 3311 34 Ave P1, Greeley 80631 -62095924307040 Joseph M & Margaret E Salazar 3317 34 Ave P1, Greeley 80631 620959243G7041 James H & Valorie ID Junkins 3321 34 Ave P1, Greeley 80631 62095924307042 Patsy R Deines 3325 34 Ave P1, Greeley 80631 62095924307043 Terry L & Deborah L Hawkins 3413 W 34 St, Greeley 80631 62095924 307033 Robert Duane & Elaine Marie Waag 3313 34 Ave Ct, Greeley 80631 6209592-4307025 Alvin & lla M IDaniels 3313 34 Ave tt, Greeley 80631. 62095924307026 Dale K & Sandra K Hall 3319 34 Ave Ct, Greeley 80631 -62095924307027 Robert D & Judy R Kron 3324 34 Ave Ct, Greeley 80631 62095924307028 Raymond & Delphine Weidenkeller 3327 34 Ave Lt, Greeley 80631 62095924307029 Albert & Helen Ruth Rose 3334 34 Ave Ct, Greeley 80631 62095924307020 Gary 1 & Deborah Lynn Dulgar 3328 34 Ave Ct, Greeley 80631 62095924307021 Richard W Fuller Jr 3326 34 Ave Ct, Greeley 80631 62095924307022 John Joseph & Paula B Murphy 3322 34 Ave Ct. r, ]ey_8 ,31 6 095924307022 Gary R & Vernell J Brown 3314 34 Ave Ct. Greeley 80631 62045924107024 Phil.li & L pia Becker 3330 33 Ave Ct hxee e 7 Paul 14' & Blan-che Workman 3500 33 Ave #4, Creelev 80631 62095924307004 Lloyd A & Carrie F McConnell 3322 33 Ave Ct, treeley 80634 62095924307005 Grant Morris 3318 33 Ave Ct, Greeley 8063] 62095924307006 Cardell J & Mary E Webster 3311+ 33 Ave Ct, Greeley 80631 6209-5924307007 David ' Scheel 626 37 Ave, Greeley 80631 62095924307010 NAMES = OWNERS OF PROPERTY WITHIN 50C -SET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE -AND ZIP CODE IDENTIFICATION # Carriage Developers 1221 8th Ave, Greeley 80631 62095324307008 Same Same 62095924307009 Same Same 62095924307011 Same Same 62095924307013 Same Same 62095924307014 Same Same 62095924307015 Same same 620959211307016 Same Same 62095924307019 Kenneth A & Patricia L -Hoehn 3321 33 Ave Ct, Greeley 80631 62095924307017 Clarence Eugene & Patricia Ruth Sheetz P 0 Box 1966, Greeley 80b31 62095924307018 William A & Michele Obermeier 3305 33 Ave tt, Greeley 80631 62095924307012 Charlene Faden Mantel and Jane Faden Hubbell Lyle J. and Joan K. Ault c/o Russell Billings 3234 35th Avenue 1727 71st Avenue Greeley, Colorado -80631 Greeley, Colorado 80631 W. Herrick Garnsey Mountain States Telephone and 1100 8th Avenue Telegraph Company Greeley, Colorado $0631 1001 9th Street Greeley, Colorado 80631 S & A Partnership Greeley Lodge #809 BPOE 1100 8th Avenue 2809 35th Avenue Greeley, Colorado 80631 Greeley, Colorado 80631 R. L. Eaton Dwell Company 1904 26th Avenue 26542 Weld County Road 51 Greeley, Colorado 80631 Greeley, Colorado 80631 Mary Helen Shaklee William A. Rutledge end 3100 28th Street Roderick E. Kirk and Greeley, Colorado 80631 John P. Watson c/o OPDYKE AGENCY REALTORS Norton, Underwood & Lamb Investments 1309 10th Avenue 1020 28th Avenue Greeley, Colorado 30631 Greeley, Colorado -80631 SEGL Associates George A. and Mary M. Beckman 1221 8th Avenue 3406 25th Avenue Greeley, Colorado 80631 Greeley, Colorado 80631 L E G S. -Roy and Helen S. Horii 1221 8th Avenue 44721 County Road -P3 Greeley, Colorado $0631 Wray, Colorado 80758 Edward D. and Marlene E. Johnson Loren and Margaret Ulrich 3190 35th Avenue 3325 24th Avenue Place Greeley, Colorado 80631 Greeley, Colorado 80631 David -H. and Hazel. B. Adolph Eldon J. , Jr. and Susan J. Campbell P.D. Box 882 3316 34th Avenue Place Greeley, Colorado 80631 Greeley, Colorado 80631 Trinity Lutheran Church of -Greeley Katherine Pope 716 16th .Street 3312 34th Avenue-Place Greeley, Colorado 80631 Greeley, Colorado 80631 Sunset Memorial Gardens Edwin W. and Mary E, Barnhart Greeley Building 3409 34th Avenue Place Greeley, Colorado 80631 Greeley, Colorado 80631 Central Weld County Water District Greeley, Colorado 80631 105 18th Street I Greeley, Colorado $0631 1100`. 8th Avtenue Dwayne and Tda May Else Greeley, 1l'ol ado 80631 1310 41st Av enu e Greeley, Colorado 80614 R. L. Eaton 1904 20th Av Lloyd A. and Carrie F. McConnell 3322 33rd -Avenue Court Greeley, _Colorado 80631 Grant _Morris 3318 33rd Avenue Court Greeley, Colorado 80631 Cardell J. and Mary E. Webster 3314 33rd Avenue Court Greeley, Colorado 80631 David S,. Scheel 626 37th Avenue Greeley, Colorado 80631 Carriage -Developers 1221 2th Avenue Greeley, Colorado 80631 Kenneth A. and Patricia L. Hoehn 3321 33rd Avenue Court Greeley, Colorado 80631 Clarence E. and Patricia R. Sheetz P.O. Box 1966 Greeley, Colorado S0631 William A. and Michele Obermeier 3305 33rd Avenue Court Greeley, Colorado 80631 Louise WeTLs 3311 34th Avenue Place Greeley, Colorado 80631 Joseph M. and Margaret E. Salazar 3317 34th Avenue Place Greeley, Colorado 80631 James H. and Valorie D. Junkins 3321 34th Avenue _Place Greeley, Colorado 80631 Patsy R. Deines 3325 34th Avenue Place Greeley, Colorado 80631 Terry L and Deborah L. Hawkins 3413 West 34th Street Greeley, Colorado $0631 Robert Duane and Elaine M. Wagg 3313 34th -Avenue Court Greeley, Colorado 89631 Alvin and Ila M. Daniels 3315 34th Avenue Court Greeley, Colorado 80631 Dale K. And Sandra K. Hall 3319 34th Avenue Court Greeley, Colorado 80631 Robert D. and Judy R. Kron 3325 34th Avenue Court Greeley, Colorado -80631 Raymond and Delphine Weidenkeller 3327 34th Avenue Court Greeley, Colorado 80631 Albert and Helen R. Rose 3334 34th. Avenue Court Greeley, Colorado 80631 Gary W. and Deborah L. Dulgar 3328 34th. Avenue Court Greeley, Colorado 80631 Richard W. Fuller, Jr. 3326 34th Avenue Court Greeley, Colorado 80631 John J. and Paula B. Murphy 3322 34th Avenue Court Greeley, Colorado 80631 Gary R. and Vernell J. Brown 3314 34th Avenue Court Greeley, Colorado 80631 Phillip and Lydia Becker 3330 33rd Avenue Court Greeley, Colorado 80631 Paul W. and Blanche Workman 3500 35th Avenue Court 3500 35th Avenue #4 Greeley, Colorado 80631 Hello