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RESOLUTION RE: APPROVAL OF USE BY SPECIAL REVIEW FOR AN OIL AND GAS PRO- DUCTION IN R-1 DISTRICT - H & C COLTAN COMPANY 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 13th day of December, 1982, at the hour of 11: 00 o'clock a.m. in the Chambers of the Board for the purpose of hearing the application of H & C Coltan Company, 1022 Midland Savings, Denver, Colorado 80202, for a Use by Special Review for an oil and gas production in R-1 District, on the following described real estate, to-wit: Part of the S1, Section 34, Township 5 North, Range 66 West and the NWa, Section 3, Township 4 North, Range 66 West of the 6th P.M. , Weld County, Colorado WHEREAS, Section 24. 4. 2 of the Weld County Zoning Ordinance provides standards for review of said Use by Special Review, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the re- quest of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence pre- sented in this matter, and having been fully informed, finds that: 1. The submitted materials are in compliance with appli- cation requirements of Section 24. 7 of the Weld County Zoning Ordinance. 2. It isttheopinion of the Board of County Commissioners that of applicant has shown compliance with Section the Weld County Zoning Ordinance as follows : a) The proposal is consistent with the Weld County Com- prehensive Plan and the residential zone district location. The subject site is currently used for agricultural production. b) The use would be compatible with the existing surround- ing land uses. Agricultural production uses exist east, west and south of the subject site. c) The Greeley Planning Commission and City of Evans offered no objections to this proposal. Therefore, the proposed use would be compatible with future development of the surrounding area as projected by the comprehensive plans of the affected munici- palities. 8 20 39 7 Page 2 RE: USR - H & C COLTAN COMPANY d) The proposal is consistent with the intent of the residential zone district and is provided for as a Use by Special Review. e) Compliance with Use by Special Review Operations and Design Standards provide adequate protection of the health, safety and welfare to the neighbor- hood 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 an oil and gas production in an R-1 District 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, said Standards are with certain changes and shall read as follows: " (2) Any proposed tank battery cluster or flaring of wells associated with oil and gas production shall be located a minimum of 1,200 feet from any exist- ing residence in the Dos Rios Subdivision. The tank battery shall be located south of the Big Thompson River. (3) Any proposed oil and gas well shall be located a minimum of six-hundred (600) feet from any exist- ing residence in the Dos Rios Subdivision. All oil and gas production shall be located a minimum of three-hundred (300) feet south of the Big Thompson River and located behind existing foliage when possible. " Also, the attached Standards shall have an addition of Standard Number 16 which shall read as follows: (16) If necessary, an electric pump shall be used in association with all oil and gas production on the subject site. 2. The plat for the use permit be placed of record by the Department of Planning Services staff prior to any drill- ing activities occurring on the site. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of December, A.D. , 1982. `---- -`- - BOARD OF COUNTY COMMISSIONERS ATTEST: n e L A '- i a '"t" W,ELp COUNTY, COLORADO Weld County Cl(f erk, Recorder and__Clerk\ to the Boa d Yd T Marti Chairman BY: �P tt-Lt� /,;tee CD/ Deputy County Clerk uck Carlson, Pro-Tem APPROVED AS -TO .FORM: ! "'as.."'as.. ect h 7 Norman Carlson County Attorney . . Kirby 1 � DATE PRESENTED: December 15, 1982 ne K. Steinmark DEVELOPMENT STANDARDS USR-533:82:48 H & C Coltan Company 1. The permitted uses on the hereon described parcel shall be oil and gas production facilities located in accordance with the submitted plat on file with the Department of Planning Services. 2. Any proposed tank battery cluster associated with oil and gas production shall be located a minimum of 1,200 feet from any existing residence in the Dos Rios Subdivision. The tank battery shall be located south of the Big Thompson River. 3. Any proposed oil and gas well shall be located a minimum of six-hundred (600) feet from any existing residence in the Dos Rios Subdivision. All oil and gas production shall be located south of the Big Thompson River. 4. In compliance with Section 26.2 of the Weld County Zoning Ordinance the owner and/or operator shall furnish the Department of Planning Services a certificate from a registered engineer that any of the development within the Use by Special Review Permit area will not change the direction of flow of water in a river or stream; that said development will not result in a change of ten percent (10%) or more in the intermediate regional flood water flows and that said operations will not channelize a river or stream. The applicant shall comply with Section 26.4.9 and 26.5.2 of the Weld County Zoning Ordinance in the event any of the above conditions will occur. 5. All oil and gas wells shall be cased and pressure tested to protect groundwater from pollution. Qualified personnel representing the developer shall submit a letter to the Department of Planning Services indicating that each well has been constructed according to this Development Standard. 6. Any development requiring building permits shall require a flood hazard development permit if located in a flood plain. 7. Any well pumping waste shall be disposed of at an approved disposal site. 8. A "special transport" permit is required for moving oil rigs on County roads. 9. Once well drilling activity is initiated, the drilling rig shall be removed within thirty (30) days of the state of said activity. 10. Flaring of the wells shall take place only during daylight hours except for a thirty (30) day period following the completion of the fracking operation. 11. No production equipment or heavy truck traffic associated with the applicant's/owner's U.S.R. proposal shall travel Weld County Road 396. 12. Design standards for Uses by Special Review, Section 24.5 et seq. of the Weld County Zoning Ordinance shall be complied with. Development Standards USR 533:82:48 H & C Coltan Company Oil & Gas Production in R-1 District Part of S1, Section 34, T5N, R66W and NW1/4, Section 3, T4N, R66W of 6th P.M. , Weld County, Colorado November 16, 1982 Page 2 13. Operation Standards for Uses by Special Review, Section 24.6 et seq. of the Weld County Zoning Ordinance shall be complied with. 14. The Use by Special Review shall be limited to the plans shown hereon and governed by the Standards 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. Standard Number 2 shall be changed to read as follows: 2) Any proposed tank battery cluster or flaring of wells associated with oil and gas production shall be located a minimum of 1,200 feet from any exist- ing residence in the Dos Rios Subdivision. The tank battery shall be located south of the Big 'Mattison River. Standard Number 3 shall be changed to read as follows: 3) Any proposed oil and gas well shall be located a minimum of six-hundred (600) feet fran any existing residence in the Dos Rios Subdivision. All oil and gas production shall be located a minimum of three-hundred (300) feet south of the Big Thompson River and located behind existing foliage when possible. Standard Number 16 shall be added and shall read as follows: 16) If necessary, an electric pump shall be used in association with all oil and gas production on the subject site. A public hearing was conducted on December 13 , 1982 at 2 : 00 P.M. , with the following present: JOHN MARTIN CHAIRMAN CHUCK CARLSON PRO TEM NORMAN CARLSON COMMISSIONER BILL KIRBY COMMISSIONER JUNE STEINMARK COMMISSIONER Also present: ACTING CLERK TO THE BOARD, Jeannette Ordway ASSISTANT COUNTY ATTORNEY, R. Russell Anson PLANNING DEPARTMENT REPRESENTATIVE, Rod Allison The following business was transacted: I hereby certify that pursuant to a notice dated November 24, 1982, published December 2, 1982, in the LaSalle Leader, a public hearing was held on the request of H. & C. Coltan Company for a Use by Special Review for oil and gas pncxluction in an R-1 District. The Planning Commission recommended that the request be approved with development standards. Tom Houtchens, legal counsel was present, representing the applicant. He reviewed the request and the development standards. They will not use Weld County Road #396 instead they plan to use County Road #60. Lloyd Rumsey, an adjacent landowner, questioned why his property was zoned residential and requested that it be changed back to agricultural zoning. The Board discussed amendments to the development standards and there were no objections. Cannissioner Steinmark made a motion to approve the request subject to the following conditions: 1. The recamiended Standards for Use by Special Review be adopted, said Standards are with certain changes and shall read as follows: " (2) Any proposed tank battery cluster or flaring of wells associated with oil and gas production shall be located a minimum of 4,200 feet fzuuu any existing residence in the Dos Rios Subdivision. The tank battery shall be located south of the Big Thompsbn River. (3) Any proposed oil and gas well shall be located a minimum of six-hundred feet fran any existing residence in the Dos Rios Subdivision. All oil and gas production shall be located a minimum of three-hundred feet south of the Big Thanpson River and located behind existing foliage when possible." Also, the Standards shall have an addition of Standard Number 16 which shall read as follows: (16) If necessary, an electric pump shall be used in association with all oil and gas production on the subject site. Commissioner N. Carlson seconded the motion and it carried unanimously. Commissioner Kirby commended the landowners and the applicant for their fine cooperation. ( , AIRMAN BOARD OF COUNTY COMMISSIONERS ATTEST: dd WELD COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: V If7l4-vlc_ty Deputy County Clef}t DOCKET# 82-79 TAPE# 82-97 LHR 2153 H & C COLTAN COMPANY DECEMBER 13, 1982 ATTENDANCE RECORD NAME A ESS c 7(,5 r 7 l Cl%/1l /vvQC � /C C �,f - S 1 tu Aet . .17“('7li'LM-TP" 4.1 NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center., 915 10th Street, Greeley, Colorado, at the time specified. All persons in any manner interested in the Use By Special Review are requested to attend and may be heard. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. DOCKET NO. 82-79 APPLICANT H & C Coltan Company 1022 Midland Savings Denver, Colorado 80202 DATE: December 13, 1982 TIME: 11: 00 A.M. REQUEST: Use By Special Review - Oil & gas production in R-1 District LEGAL DESCRIPTION Part of the S?, Section 34, Township 5 North, Range 66 West and the NW4, Section 3, Township 4 North, Range 66 West of the 6th P.M. , Weld County, Colorado. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN WELD COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Bette M. Foose, Deputy DATED: November 24 , 1982 PUBLISHED: December 2 , 1982 in the La Salle Leader Affidavit of Publication STATE OF COLORADO ss. County of Weld, I Paula A. Barton 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) IRMO; that the notice was published in the regular and entire issue of every number of said a MerinS�vwl N M M.tMANem- bera 0 MB aoara.ot.County Cam- newspaper during the period and time of publication of mlulonera of Wein-County, Col- oradd Wald County Centennial said notice, and in the newspaper proper and not in a Center[Ru a9yxt ,r«n, OrrAYii supplement thereof; that the first publication of said 000ratte,aTtese time speci+iad.All pmMaq�n,s9rt y Mannar Nevin in reolleeeed By Special aNeviin abe notice was contained in the issue of said newspaper Mara. bearing date BE IT ALSO KNOWN that The test-and maps so'Certified by the Weld CoeMX♦7aunfite Commission E i>;hth may be Mmminea-ln the office of m crik m rMaoara m cre% Ca�nmlae7etlsis,ixatea In tna wan day of December A.D. 19 82 CountyCin fennel Center. 913 10th S+rep9,.TNNe Floor,.Greeley, coi- and the last publication thereof; in the issue of said ap�. - newspaper bearing date the M D�PP tC Na.:+1 & ICANT M: 6 C,Collan COT' M 1022 Midlandsavmo# E. hth Denver.C00'0000202 DATE:DecaMMr 13.1922 da of December A.D. 1982 • TIME:11:00 R.M. y NEWEST: Ube By Special Review — ml aaoedreauction in RilI that said The Greeley Daily Tribune and The Greeley Lana+ Republican, has beenpublished continuously and Port LaOAWOBSCRlPTtON:_i P Township the 5 point Rana Sedan west uninterruptedly during the period of at least six anti the Rpyw. ;option S. Tswm months next prior to the first issue thereof contained soli a et6ysiva,eatlW n , TO 'of them p,M.weld:County,C said notice or advertisement above referred to; that said tEDt N: oatla:November 24,002Onewspaper has been admitted to the United States BOARD OF COMMISSIONERS COMNCOLORADO mails as second-class matter under the provisions of the WELD YAN FEUEORA DO BV:MARV ANNE CLERK AND Act of March 3, 1879, or any amendments thereof; and BIF+:,Dco�M;X RICO 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. December 8, 1982 Total charge: $14.79 a. •. >t :. c_ k Advertising Clerk Subscribed and sworn to before me this 8th o Deremher A.D. 1987 y omm ,r.m `explrns nbrunrµ '2?. ”srne My c missiioo�expire es Notary Public ��_/, 1 DATE: No ber 24 , 1982 TO: The Board of County Commissioners Weld County, Colorado FROM: Clerk to the Board Office Commissioners: If you have no objections, we have tentatively set the following hearing for the 13th day of December, 1982 at WoCi.I t. Docket No. 82-79 - H & C Coltan Company, USR, Oil & gas production in R-1 District OFFIC OF THE CLERK O THE BOARD BY: w1. . I ( [ �, '..'l 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 f is ) .kivsoi......_ /f —e. A (. NTJI17dNG COMMISSION f RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMI NEFt2 :11,( 1982 4RF Date November 16. 1982 Case No. USA # 533:82:48 4444 APPLICATION OF H & C Coltan Company ADDRESS 1022 Midland Savings, Denver, Colorado 80202 Moved by Norm Peterson 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 oil & gas production in R-1 District located on the following described property in Weld County, Colorado, to-wit: Part of the 51/2, Section 34, Township 5 North, Range 66 West and the NWT, Section 3, Township 4 North, Range 66 West of the 6th P.M. , Weld County, Colorado be recommended (favorably) (A3'g' 7W) 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 Weld County Planning Commission that the applicant has shown compliance with Section 24.3. 1. 1 et seq. of the Weld County Zoning Ordinance as follows: - 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 east, west and south of the subject site. • Motion seconded by Fred Otis Vote: For Passage Jerry Kiefer Against Passage Norm Peterson Bob Halleran Ed Reichert Bob Ehrlich Jack Holman Fred Otis Bill Diehl 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 s Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning o rissond in eldk ou Commission Weld County, o Colorado,f the adopted on November J6. 1982 and proceedings of the said Planning Commission. Dated the 18th day of November , 1982 . C\DrA Secretary USR 533:82:48 H & C Coltan Company Oil and Gas Production in R-1 District Part of S1, Section 34, T5N, R66W and WW1/4, Section 3, T4N, R66W of 6th P.M. , Weld County, Colorado November 16, 1982 Page 2 - The Greeley Planning Commission and City of Evans offered no objections to this proposal. Therefore, the proposed use would be compatible with future development of the surrounding area as projected by the comprehensive plans of the affected municipalities. - The proposal is consistent with the intent of the residential zone district and is provided for as a use by special review. - Compliance with Use by Special Review Operations and Design Standards provide adequate protection of the health, safety and welfare to the neighborhood and County. The Weld County Planning Commission's recommendation is based upon the following conditions: 1. The attached Standards for Use by Special Review be adopted. 2. The plat for the use permit be placed of record by the Department of Planning Services staff prior to any drilling activities occurring on the site. Date: November 16, 1982 CASE NUMBER: USR-533:82:48 NAME: H & C Coltan Company REQUEST: A Use by Special Review Permit for oil and gas production in "R-1" District LEGAL DESCRIPTION:_na o` Section 34 TSts_ R66W and the NW4. Section 3 , T4N, R66W LOCATION: two miles south of Greeley on WCR 396; south of Dos Rios Subdivision THE DEPARTMENT OF PLANNING SERVICE'S STAFF RECOMMENDS THAT THIS REQUEST BE approved FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services staff that the applicant has shown compliance with Section 24.3. 1. 1 et seq. of the Weld County Zoning Ordinance as follows: - 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 east, west and south of the subject site. - The Greeley Planning Commission and City of Evans offered no objections to this proposal. Therefore, the proposed use would be compatible with future development of the surrounding area as projected by the comprehensive plans of the affected municipalities. - The proposal is consistent with the intent of the residential zone district and is provided for as a use by special review. - Compliance with Use by Special Review Operations and Design Standards provide adequate protection of the health, safety and welfare to the neighborhood and County. The Department of Planning Services staff recommendation is based upon the following conditions: 1. The attached Standards for Use by Special Review be adopted. 2. The plat for the use permit be placed of record by the Department of Planning Services staff prior to any drilling activities occurring on the site. RA:rg • .,, nir DEVELOPMENT STANDARDS USR-533:82:48 H & C Coltan Company 1. The permitted uses on the hereon described parcel shall be oil and gas production facilities located in accordance with the submitted plat on file with the Department of Planning Services. 2. Any proposed tank battery cluster associated with oil and gas production shall be located a minimum of 1,200 feet from any existing residence in the Dos Rios Subdivision. The tank battery shall be located south of the Big Thompson River. 3. Any proposed oil and gas well shall be located a minimum of six-hundred (600) feet from any existing residence in the Dos Rios Subdivision. All oil and gas production shall be located south of the Big Thompson River. 4. In compliance with Section 26.2 of the Weld County Zoning Ordinance the owner and/or operator shall furnish the Department of Planning Services a certificate from a registered engineer that any of the development within the Use by Special Review Permit area will not change the direction of flow of water in a river or stream; that said development will not result in a change of ten percent (10%) or more in the intermediate regional flood water flows and that said operations will not channelize a river or stream. The applicant shall comply with Section 26.4.9 and 26.5.2 of the Weld County Zoning Ordinance in the event any of the above conditions will occur. 5. All oil and gas wells shall be cased and pressure tested to protect groundwater from pollution. Qualified personnel representing the developer shall submit a letter to the Department of Planning Services indicating that each well has been constructed according to this Development Standard. 6. Any development requiring building permits shall require a flood hazard development permit if located in a flood plain. 7. Any well pumping waste shall be disposed of at an approved disposal site. 8. A "special transport" permit is required for moving oil rigs on County roads. 9. Design standards for Uses by Special Review, Section 24.5 et seq. of the Weld County Zoning Ordinance shall be complied with. 10. Operation Standards for Uses by Special Review, Section 24.6 et seq. of the Weld County Zoning Ordinance shall be complied with. 11. The Use by Special Review shall be limited to the plans shown hereon and governed by the Standards 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. 12. 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. RA:rg FIELD CHECK FILING NUMBER: USR 533:82:48 DATE OF INSPECTION: 11/10/82 NAME: H & C Coltan Company REQUEST: Use by Special Review Permit for gas & oil production facilities in R-1 Zone LEGAL DESCRIPTION: Part of 8' , Section 34, Township 5 North, Range 66 W of 6th P.M. , Weld Count Colorado, and Part of the NT^W erection 3, Township 4 "North; Range 66 W of GLh-P:M:-, Wcld Count LAND USE: N WCR 396, Dos Rios Subdivision Colored E Woodland/Corn crops S Corn crops W WCR 31 , cattle pens ZONING: N R-1 LOCATION: Two (2) miles south of Greeley; E Agriculture south of Dos Rios Subdivision and Weld County S Agriculture Road 396 WAgriculture COMMENTS: There are two rental homes on the subject site with access to Weld County Road 31, a gravel road. The Big Thompson and South Platte River flow through the property. The U.S.R. property north of the Big Thompson and south of Weld County Road 396, a sand gravel road, is woodland and pasture. The U.S.R. property south of the Big Thompson is corn crops. To the north of the subject property, there are six homes in Dos Rios Subdivision that are on a hill, parallel to Weld County Road 396, overlooking the proposed U.S.R. BY: Ro Allison CASE SUMMARY SHEET Case Number: USR-533:82:48 Size of Parcel: 240 acres Request : A Use by Special Review Permit for oil and gas production facilities in a "R—l" (Residential) Zone District Staff Member to Contact: Rod Allison Possible Issues Summarized from Application Materials: The north boundary of the property is Weld County Road 396. North and adjacent to Weld County Road 396 is the Dos Rios Subdivision. Homeowners from Dos Rios Subdivision have been inquiring about this proposal. Screen- ing or physical placement of the wells to buffer proposed activity from Dos Rios may be an issue. The subject site is located in a one-hundred (100) year flood plain area. Please refer to the letter dated November 1, 1982, from the Colorado Geological Survey. Also a special permit costing $500.00 is required to move rigs on County roads. Any drilling water would have to be disposed at an approved dump- ing site. RA:rg 1 APPLICATION / USE BY SPECIAL REVIEW C . Department of Planning Services, 915 Tenth Street, Greeley, Colorado Phone - 356-4000 - Ext. 400 Case Number U5R- 5331 82 4o Date Received 1 DA5 /€1 2, Application Checked by C-(i Application Fee 155.00 Receipt Number t25Z`1 to/lg ✓1y Recording Fee 10.00 Receipt Number 48 d(l 9 lR cis 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: Section 34 R66 W and Sec. 3, T4N, R66W (more fully described n at1- c+ment) LEGAL DESCRIPTION of contiguous property owne upon w ch special Re vie is proposed: Section T N, R W Property Address (if available) None PRESENT ZONE R 1 OVERLAY ZONES FP one TOTAL ACREAGE 240 acres PROPOSED LAND USE Oil and Gas Wells and Production EXISTING LAND USE Grassland APPLICATION : SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR xtxminx Name: Phillip E. Camenisch Address: 10504 W.C. Rd. 7 city Longmont , CO Zip 80501 Home Telephone # Business Telephone # Name: Dos Rios , Inc. c/o Donald Allaily Address:17 Dos Rios city rrnPley, co , ZiP80611 Home Telephone # 330-7429 Business Telephone # Name Rumsey Family Ltd. Partnership Address: 15999 Weld Ct. Rd City LaSalle . CO Zipan645 Home Telephone # 284-7785 Business Telephone # APPLICANT OR AUTHORIZED AGENT (if different than above) : Name:H & C COLTON COMPANY by Clark R. Colton Address: 1022 Midland Savings City Denver, CO Zip 80202 Home Telephone # 771-3004 Business Telephone # 573-8383 Owner(s) and/or lessees of mineral rights on or under the subject properties of record in the Weld County Assessor's Office: Name:George Kammerzell, Jr. and Anna Kammerzell Address: 22505 Colo. Hwy. 60 City Milliken, CO Zip 80534 Name:Phillip E. Camenisch Address: 10504 W. C. Rd. 7 City Longmont, CO Zip 80501 Name:Supreme Camp of American Woodsmen Address: 2100 Downing Street City Denver, CO Zip 80205 See attached list 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. COUNTY OF WELD STATE OF COLORADO �/// Signature: Owner or Authorized Agent Subscri.?ed am sworn to before me this30th day of July 19 82 SEAL NOTARY PUBLIC 1007 Ave. Greeley, CO 80631 My commission expires October 11, 1985 • STATEMENT IN SUPPORT OF USE BY SPECIAL REVIEW The following is submitted in support of the application of H & C COLTON CO. for a use by special review, to wit: The proposal is to allow the applicant to put oil and gas wells in an area which is currently zoned as R-1 (low density residential) district. By Section 32 . 2 . 4 . 6 of the Weld County Zoning Ordinance, oil and gas production facilities are allowed as a use by special review within this zoning district. The area in question lies to the south of the Dos Rios Subdivision, to the south of the Big Thompson River and north of the South Platte River , near the confluence of the two rivers . This area is within a FP-1 (Floodprone) district. There is no residential development near the proposed wells , nor is there likely to be development of any kind in this area because of the overlay district. The applicant currently has leases on approximately three sections of land, and proposes to drill between 3 and 6 wells on the land it has under lease . The number of wells would depend on the Oil and Gas Commission' s determination of spacings . The spacings are currently on 160 acres , but may go to 80 acres. The precise drill sites and the location of the tank and separator have yet to be finally determined, but the probable locations are shown in the attached documents . Of course , the location of production facilities is a matter of negotiation between the applicant and the owners of the surface land. This proposal is consistent with the Weld County Comprehensive Plan in all respects . Oil and gas production is a valuable industry within the county and should be encouraged, as it adds value to the land and makes it productive . Principally, oil and gas production facilities are allowed in R-1 districts by special review. The standards for such review are that the activity would not interfere with the surrounding uses , and upon such a showing, the activity proposed should be allowed. The intent of the R-1 district is consistent with the proposed use . The state of development in the area is such that Dos Rios Subdivision lies across the river from the proposed development to the north. On all other sides , the use is , consistent with the zoning , agricultural. Although this area is currently zoned R-1, it should be clearly noted that the area in l_ question lies totally within the area between the two rivers and is obviously prone to flooding. Given the requirements of Section 50 of the Zoning Ordinance , and the empirically observable hazard, is virtually no possibility of residential development despite the favorable zoning. What use is made of the land now is primarily for some grazing. Further, the area surrounding the R-1 zone near the proposed use is not likely to be developed within the forseeable future , as it is prime and productive agricultural land. In terms of the compatibility with the existing residential development to the north in Dos Rios , the nearest well would be over 600 feet from the river , and the nearest tank and separator would be twice that far. During construction would be the only time that the residents of Dos Rios would even know that there was activity across the river from them. During the period of construction, there would be a substantial amount of activity for a period of approximately 2 to 3 weeks . Given the distance between the actual place of construction and the boundary of the leasehold interest, and beyond that, the noise produced during construction would be within the limits prescribed by the Noise Ordinance of Weld County. After production is completed, there will be no sign or evidence of oil and gas production activity as the wells will be free flowing. In the event that it is necessary, in the future , to put pumps on the wells , they would operate silently, and the residents view of the pumps would be blocked by the heavy and dense foliage bordering the river . All the vehicles would gain access to the area from the south and west, and would not even be seen by the Dos Rios residents. There would be no substantial use made of 59th Street Road, which borders Dos Rios on the south and parallels the river since there is no access over the river from the north, and all production equipment would have to enter from the south and west. Oil and gas production is well suited in a FP-1 (Floodprone) zone since there are no substantial permanent structures placed within the district that can be destroyed by water , and which cannot be adequately anchored and secured. Refer to the Application for the Floodplane Permit. Insofar as preserving productive agricultural ground, the actual land consumed by the production facilities is very minute. Further , the bulk of the land within the area of the leasehold interest is in the floodplane zone , and is used principally for - 2 - grazing, and not for growing crops . There would be no danger to the health, safety and welfare of the inhabitants of the neighborhood and the county. - 3 - R Nann.asise , Re ,: L t 'N UADR G' _sy A. j ++ I RAPHIC} 104°45'' n • y • 5 'w - . Q"GNEEL E.Y 8.3 M! �2 X00000 FEET :519frt g/VJIh. a ; SZt_ 4V°LZ�sr �,. tom! ' {? \ 1 '° } 4 # / ,�' 4. �y0 y1jil ,' "f4 y 1. 4 °�t rrw a F „GI. } ,r II . __/ 1 5 fib l P!','R;.: --- ( 'CA}H# .,ryr. ,y�,, � h .g. 4 ,. Al I t } c. i, �jl " ., b - - '- ^ - i ,? fir. ria «r✓�[ ,; '¢a Tr dir 4,4.32-___.-, ( r ti .d,5 e'r. M a f :" x..�'fea"-'�" i'/'.,—' y `Z �. E: ."F� . 1 � •t 'h � , y' .yn r+"` £,, $ u'iF / "f+ fw, S4()'I ' �{ •� ' '£ it.l' - .� r, .r adf� .�. rj ap4 iyra •v + . -L' i »a•n �. j Rrg 3 t as 4Y" t .(�gW.c�pS�+,i�] ,�.S, • ,.,1 S a *} t ! 1, y. ' s E '' ., ,�. /' 41( Y t ty A ,7 Wil {ti-;e - k �+IFW�Y.'i` .yam �C' _a 'S R •T• RRR'"" r. /'!�.- ' ,ham • -�lie"•. r, Xs ^ h r(• A6: { .j j;.r�:'•y +r•. /¢ �r� x ' fE rp r >• . � • y •q N / /+r! 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PrJ 1I. • •• 7 ••J• - _._- ' .I� �,e • I. nT a.• • .• a• • E' . n f• I' n•d•� e. ea n !'I• 3 :iLREST'i.• • • 4. OA" • e - • • • • • O o �.•! • • •l 01'P.rr. • I . • 1 J '••'' a • x . L. �• •I 'j�,00na.. • , . I▪ • rp' JI 5�•, ; ! . ) r_� a• •:1 • /�/ I wI 1 • .. • 1• P�-'�-01 • • I 41 •• '� I' 'J „•0• �-I f' ' . . i �s I w I ! ,• 1 n u II � . u t _ .. _________ rr • l4T I• xo a ' ' I/F • � I „ ,I i , Ii , �• �• • 22 ) .❑� 1 TEVILEE VA, 22 j u zJ - e. • 1\ 'OA u j F t • ✓ ,r 2 . 1 >, x. x. I li :J JO 1 J• x. PP '.V •1 . �' fir.iii 1 . - - - R*V / I �'• A it!I 1-�I " (1{ • REFERRAL LIST APPLICANT: H & C Colton Company CASE NUMBER: USA-53382:48 SENT REFERRALS OUT: I phi i e a. REFERRALS TO BE RECEIVED BY 11/5/82 z m z z N G M 0 O W N 1-1 C CO o o z O W{,� h W <an h a S can g M ££ O J C fw O 0 0 fl W U W U z En a z z CO a z • ---- County Attorney (plat only) City of Greeley ---.. XWeld County Health Department c/o Ken McWilliams X X 818 7th Street Engineering Department Greeley, CO 80631 X Ia.-- County Extension Agent City of Evans c/o Jim Burns Colorado Geological Survey P.O. Box 59 XX 1313 Sherman Street 3700 Golden Street Room 703 Evans, CO 80621 Denver, Colorado 80203 Colorado Oil and Gas I Colorado Water Conservation Commission X 1-3 Board State Centennial Center Centennial Building 1313 Sherman Street 1313 Sherman Street Denver, CO 80203 Denver, Colorado 80203 Jerry Kiefer State Engineer Planning Commission Member Division of Water Resources 2120 Fairway Lane 1313 Sherman St. , Room 818 Greeley, CO 80634 Denver, Colorado 80203 Greeley Soil Conservation II State Highway Department Service 11420 2nd Street 4302 West 8th Street Road ..--11 Greeley, Colorado 80631 Greeley, CO 80631 Colorado Department of Health Water Quality Control Division 4210 East 11th Avenue Denver, Colorado 80220 • r9Q 01 RICHARD D. LAMM t JOHN W. ROLD GOVERNOR yY y DIRECTOR /876 COLORADO GEOLOGICAL SURVEY DEPARTMENT OF NATURAL RESOURCES 715 STATE CENTENNIAL BUILDING-1313 SHERMAN STREET DENVER,COLORADO 80203 PHONE(303)886-2611 November 1 , 1982 I1 'U I III . I � I Mr. Chuck Cunliffe Weld County Department of Planning Services 915 10th Street Greeley, CO 80631 Dear Mr. Cunliffe: RE: COLTON OIL AND GAS PRODUCTION FACILITIES We have reviewed the plat and attendent information for the proposed facility. The site is underlain by permiable sands and gravels and is located in the combined floodplains of the Big Thompson River and the South Platte River. To protect against potential pollution of aquifers and the rivers , we recommend that several precautions are taken prior to and during development. 1. Water bearing zones should be identified and wells should be carefully cased and pressure tested to insure protection of ground water. This is especially true of the shallow sands and gravels of the floodplains. We recommend that qualified personnel from the company sign off on the final plan stating that the well has been properly constructed. 2. The well heads and storage tanks should be adequately flood proofed against the 100-year flood event. Flood information is available in Floodplain Information, Big Thompson River, Weld County, Colorado, (Army Corps of Engineers, 1978) and Special Flood Hazard Information Report South Platte River, Volume 1, Weld County, Colorado, (Army Corps of Engineers , 1977) . Wells will eventually require pumps so these areas should be flood proofed also. 3. Disposal sites for well pumping waste should be specified in the permit. The site is not adequate due to the permiable nature of the flood plain deposits and the potential flood hazard. If these recommendations are followed, we have no objection to approval of this permit. GEOLOGY STORY OF THE PAST...KEY TO THE FUTURE Mr. Chuck Cunliffe November 1, 1982 Page 2 Please contact us if you have any questions. Sincerely, --�� Julia E. Turney Engineering Geologist vt cc: LUC ffffff ; — .' '' rf"!d Co. Planning CmTnissian MAILING LIST USR-533:82:48 H & C Coltan Company Phillip E. Camenisch James and Sylvia Peterson 10504 Weld County Road 7 1835 Reservoir Road Longmont, CO 80501 Greeley, CO 80631 Monfort of Colorado, Inc. John and Caroline Mills P.O. Box 1290 6 Dos Rios Greeley, CO 80632 Greeley, CO 80631 Rumsey Family Ltd. Partnership Charles and Marian Jobe 15999 Weld County Road 50 7 Dos Rios „ LaSalle, CO 80645 Greeley, CO 80631 Dos Rios, Inc. Mark and Elizabeth Hinze 17 Dos Rios 8 Dos Rios Greeley, CO 80634 Greeley, CO 80631 Robyn L. Peppler Lloyd W. Rumsey 17043 Weld County Road 394 15999 Weld County Road 50 LaSalle, CO 80645 LaSalle, CO 80645 Glenn and Kathy Werning Walter V. Straight 23822 Weld County Road 33' P.O. Box 43 LaSalle, CO 80645 Dorchester, IA 52140 Robert and Caraleene Lehman M.E. Hagan 23093 Oh Kay Road 1930 19th Avenue Greeley, CO 80634 Greeley, CO 80631 Harry Schank Nellie M. Spencer Thomas Schank P.O. Box 225 608 9th Street Broken Bow, Nebraska 68822 Greeley, CO 80631 George Kammerzell, Jr. Dick and Virginia Pirnie 22505 Colorado Highway 60 4813 W. 54th St. Rd. Milliken, CO 80534 Greeley, CO 80631 Supreme Camp of American Woodmen Patrick and Mary Braddy 2100 Downing St. 5311 W. 54th St. Rd. Denver, CO 80205 Greeley, CO 80631 William and Patricia Humphries 3 Dos Rios Greeley, CO 80631 Hugh and Phyllis Arnold Box 789 Greeley, CO 80631 CLERK TO THE BOARD CHECKLIST Hearing Title: Co- ('7,, Received from Planning Department /i yfr`i Hearing date-approved Notice typed Notices sent to: Legal advertising Planning Department Health Department Bulletin board Local newspaper Adjacent landowners Packets made ft Packets to Commissioners Hello