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Home My WebLink About880511.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR OIL AND GAS PRODUCTION FACILITIES IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONE DISTRICT - THE ROBERT GERRITY 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 6th day of July, 1988 , at the hour of 2 :00 p.m. in the Chambers of the Board for the purpose of hearing the application of The Robert Gerrity Company, c/o William G. Crews, 1223 28th Avenue, Suite 2 , Greeley, Colorado 80631 , for a Site Specific Development Plan and Special Review Permit for oil and gas production facilities in the R-1 (Low Density Residential) Zone District on the following described real estate, to-wit: Si NE} , Section 15 , Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado WHEREAS, said applicant was represented by William G. Crews, and WHEREAS, Section 24 . 4 . 2 of the Weld County Zoning Ordinance provides standards for review of said Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request 9f 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 the application requirements of Section 24 . 7 of the Weld County Zoning Ordinance. 2 . It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24 .4 .2 of the Weld County Zoning Ordinance as follows: a. The proposal is consistent with the Weld County Comprehensive Plan ' s Urban Growth Boundary Goals and Policies . The City of Greeley Planning Commission, in its referral dated May 24 , 1988 , recommended no objection to this proposal with PLo 938 880511 Page 2 RE: USR - THE ROBERT GERRITY COMPANY certain conditions. The concerns and con-ditions of the City of Greeley are addressed in the attached additional comments . b. The proposal is consistent with t-he intent of the R-1 (Low Density Residential) -Zone District and is provided for as a Use by Special Review. c. 'The proposed use is compatible with the existing surrounding land uses which are row crop farming, pasture, rural residences, and a real estate business . The use will be compatible -with the _future -development of the surrounding area as permitted by the R-1 (Low Density Residential) Zone District. Special Review Development Standards will -ensure compatibility with the surrounding land uses . d. The proposed Special Review Site is located in the Airport Overlay District. Part of the proposed Special Review Site is located in the flood plain. Special Review Permit Development Standards address the overlay district requirements. e. Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the -Board of County Commissioners of Weld County, Colorado, that the application _for a Site Specific Development Plan and Special Review Permit for oil and gas production facilities in the R-1 (Low Density Residential) Zone District on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1 . 'The attached Development Standards for the Special Review permit be adopted and placed on the Special _Review plat prior to recording the plat. 2. 'The Special Review activity shall not occur nor shall any building _or electrical permits be issued on the property until the Special Review plat has been delivered to the Department of Planning Services _Office -and the plat is ready to be recorded in the office -of the Weld County Clerk and -Recorder. 3. Prior to recording, the Special Review plat shall be amended to show: 880511 Page 3 RE: USR - THE ROBERT GE-RRITY COMPANY a. A 75 foot right—of-way reservation from the centerline of 7J. S. Highway 34 . b. Clarification of the tank battery detail to show no activity, including truck parking, within the setback area . 4 . Within 30 days of approval by the Board of County Commissioners, the applicant shall enter into a road improvements and maintenance agreement with the Weld County Engineering Department. The agreement -shall be approved by the _Board of County Commissioners. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the loll-owing vote on the 6th day of July, A.D. , 1988 . Y" BOARD OF COUNTY COMMISSIONERS ATTEST: /I 411L42,111 WEL OUNTY, COLORADO Weld County C erk nd Recorder and Clerk to the Board ene R. Bran ner, Chairman BY: a C.W. Kirby, Pr -Pem Deputy my Clfk AP-PROVED AS TO FORM: J cqu n C V acy /County Attorney Frank amaguchi 880511 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS The Robert W. Gerrity Company, c/o William G. Crews USR-832 1 . The Special Review Permit is for a Site Specific Development Plan and a Special Review Permit for oil and gas production facilities in the R-1 (Low Density Residential) Zone District, as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards -stated herein. 2. Approval of this plan may create a vested property right pursuant to Article 68 of Title 24 , C.R.S. , as amended. 3 . All oil and gas wells shall be cased in accordance with applicable rules and orders of the Colorado Oil and Gas Conservation Commission in order to protect groundwater from pollution. 4 . Tiedowns shall be provided for all tanks located within the flood plain . Bulkheads shall be placed in front of wellheads located in the flood plain facing upstream, to protect them from flood debris damage. 5 . Brine water produced at the site during oil and gas production shall be disposed of by formation injection or into an approved commercial brine disposal site. 6 . Waste oil , production water, and other associated liquid and solid wastes, shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 7 . No permanent disposal of wastes shall be permitted at this site. 8 . A spillage retention berm shall be required around the tank battery. The volume retained by the spillage berm shall be greater than the volume of the tank inside the berm. 9 . Oil and gas wells and production facilities shall be set back a minimum of three hundred feet from the reserved right-of-way of U.S . Highway 34 . 880511 Page 2 DEVELOPMENT STANDARDS - THE ROBERT GERRITY COMPANY 10. This site is located in the A-P (Airport) Overlay District. All structures on the Special Review Site shall comply with overlay district height restrictions. 11 . The designated haul route for production equipment, tank trucks , and heavy truck traffic shall be from the well sites east on 24th Street and south on Fern Avenue to Highway 34 . No hauling shall be permitted north of the site on Fern Avenue or west of the site on 24th Street. 12 . All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 13 . The property owner or operator shall be responsible for complying with the Design Standards of Section 24 . 5 of the Weld County Zoning Ordinance. 14 . The property owner or operator shall be responsible for complying with the Operation Standards of Section 24 . 6 of the Weld County Zoning Ordinance. 15 . Personnel from the Weld County Health Department, Western Hills Fire Protection District, and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations . 16 . The Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations . Any material deviations from the plans or Standards as shown or stated 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 or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 17 . The property owner or operator shall be responsible for complying with all of the foregoing Standards . Noncompliance with any of the foregoing Standards may be reason for revocation of the permit by the Board of County Commissioners. 880511 NEARING CERTIFICATION _DOCKET NO. 88-34 -RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR OIL AND GAS PRODUCTION FACILITIES IN THE R-1 (LOW DENSITY RESIDENTIAL) ZONE DISTRICT - THE ROBERT GERRITY COMPANY A public hearing was conducted on July 6, 1988, at 2:00 P.M. , with the following present: Commissioner Gene Brantner, Chairman Commissioner C.W. Kirby, Pro-Tem Commissioner Jacqueline Johnson Commissioner Gordon E. lacy Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Mary Reiff Assistant CountyAttorney, Bruce T. Barker Planning Department representative, Lanell Swanson The following business was transacted: Z -hereby certify that pursuant to a notice dated June 15, 1988, and _duly published June 22, 1988, in the Platteville Herald, a public -hearing was conducted to consider the application of The Robert Gerrity Company for a Site Specific Development Plan and Special Review Permit for oil and gas production facilities in the 1R-1 (Low Density -Residential) Zone District. Bruce Barker, Assistant County Attorney, made this matter of record. Tanell Swanson, Planning Department representative, read the Planning Commission's favorable recommendation concerning this matter into the record. She -said this recommendation is subject to 17 Development Standards. William G. Crews came forward to represent the applicant. He said this is a request to drill two wells, and the sites shown on the submitted plat are representative only. The landowners have asked that both wells be moved to pasture areas, and the tank batteries may be moved with the wells. Another plat will be submitted when the well sites are determined. He said the applicant objects to Condition #4, requiring that the applicant enter into a road improvement and maintenance agreement, and requests that the setback required by Development Standard #9 be changed to 200 feet, instead of 300 feet. Barb Tokunaga, the owner of property nearby, questioned the amount of truck traffic which would be generated and expressed concerns about noise and aesthetics. Mr. Crews explained that the access to the wells would be on 24th Street, and should not generate much additional traffic past her property, which is along Highway 34. Commissioner Lacy moved to approve this request for a Site Specific Development Plan and Special Review Permit, subject to the Conditions and Development Standards as recommended by the Planning Commission. Commissioner Yamaguchi seconded the motion. In the ensuing discussion, Ms. Swanson said the 300-foot setback was requested _by the City of Greeley, and Gene Robb, owner of part of the property, said the 200-foot setback would allow for placement of the well in his pasture, while the 300-foot setback may not. The motion carried unanimously. 880511 t / / Page 2 HEARING CERTIFICATION - THE ROBERT GERRITY COMPANY This Certification was approved on the 11th day of July, 1988. APPROVED: BOARD OF COUNTY COMMISSIONERS ATTEST: WEL UNTY, /COLOR�ADO�'�-7�— Weld County C rk -and -Recorder �� J fl _' '+"""_ PSG� . and Clerk to the �ooaap� ene R. Brantner, Chairman By: Deputy Ouity Cli1 C.W.-Kirby, Pro-Te ran maguchi TAPE #88-31 DOCKET #88-34 PL043S 880511 PUBLIC NOTICE The Board of County Commissioners of Weld County, Colorado, on July 6, 1988, conditionally approved a Site Specific Development Plan and a Special Review Permit for the property and purpose described below. Conditional approval of this plan creates a vested property right pursuant to Article 68 of Title 24, C.R.S. , as amended, for a period of three years. APPLICANT: The Robert Gerrity Company c/o William G. Crews 1228 28th Avenue, Suite 2 Greeley, Colorado 80631 LEGAL DESCRIPTION: Si NE} of Section 15, Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: Oil and gas production facilities in the R-1 (Low Density Residential) Zone District SIZE OF PARCEL: 80 acres, more or less Failure to abide by the terms and conditions of approval will result in a forfeiture of the vested property right. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy PUBLISHED: July 13, 1988, in the Platteville Herald 880511 bic e'-' 'CC t`/ ATTENDANCE RECORD PLEASE write or print legibly your name, address and the name of the applicant or Docket # for the hearing you are attending. TODAY'S HEARINGS ARE AS FOLLOWS: JULY 6, 1988 DOCKET # 88-27 - CREATION OF NORTHMOOR LOCAL IMPROVEMENT DISTRICT 1988-1 DOCKET # 88-33 - USR, OIL & GAS STORAGE FACILITY IN AGRICULTURAL ZONE DISTRICT - SNYDER OIL DOCKET # 88-34 - USR, OIL & GAS PRODUCTION FACILITIES IN R-1 ZONE DISTRICT - THE ROBERT GERRITY COMPANY NAME ADDRESS HEAPING ATTENDING 1 . 1 2 c�V •2 oo 2 / i-o-t i-/v,.v-o- ,�7--,, CZ-74:-.)-- -- ) ovii ` gib 9 7 1 0-2}-4,7)-1,2,-6-, I1),'1 /'2 ✓� (r[N 2,3/?-2-- D 1 ,1) 6 4/c rVA i27 N t9P- h L, ,444-4 inc..-- g,-}'`./ .� C 0 ° 0 ts74/ (1 4141.4.S DR () ��Ci-(. ..e rn 13 3 O -u!,e p iiii ri c.,..,„ ,. (,.:,a', ,-„-. 4 -� •u , , is C ., y 7_`i at. 2e 7 ,-z. -e-,._ c 3 S' t,: C %i_17 y \..,_a, `71j. r / .<1--1,, e6—`. ii> 2?-2. Ea - /(2d 4dt /� f��t,� L c-7/2 i-7Z2ae 4,,9,✓1 l 4 cif," l/it MI,./Zti-- C. . r cad ;z 0`/ (/a46-3,//1 . CMe I(Ki? kJAGA 1739L1 Ave. - g&-,? bE/ - pgN'N'CAP- /-6(1 VIttf., # scc, 7DEKAJF,E -38- 3-z, G eo IQ F;.. OOOC Its [li t ( t t F/nonce & t in"y- / 7. ,5'- /%4Y �='✓ee%y. ( ' '2X -3z 1162`-, 4-A `k b1'-�L Q.e VV ,Z_ c� f Co // u e/�.C..( " �.tr-I�.l 1 y - •— . u_‘d1 .g\-r(,rr)7 /- -it ,ar;i,,c;5 ckhO(ACk cj- "r\citiAmn-it l//, /�4 _ cs i g_2-3 , 61,4, v-9 (rt e, t s ic F3 fre...,,,,l a,- ./ at 2 3 3 //�,.7 E 3 v ./1.w�_,r.7 88€ 511 NOT I C E 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, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the Site Specific Development Plan and Special Review Permit are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office can be contacted for a list of certified court reporters in the area. If a court reporter is obtained, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. 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. APPLICANT DOCKET NO. 88-34 The Robert Gerrity Company c/o William G. Crews 1223 28th Avenue, Suite 2 Greeley, Colorado 80631 DATE: July 6, 1988 TIME: 2:00 P.M. REQUEST: Site Specific Development Plan and Special Review Permit - Oil and gas production facilities in the R-1 (Low Density Residential) Zone District LEGAL DESCRIPTION: Si NE} of Section 15, Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado LOCATION: Approximately one mile east of the City of Greeley; west of Fern Avenue and north of 24th Street BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy DATED: June 15, 1988 PUBLISHEDD June 22, 1988, in the Platteville Herald 88®511 Eiwt n- C AJRdari[ 0( Publication STATE OF ( OLORADO) Coun;v of 1Cr1Ui s� I A. Winkler Riesel 4n(:I , irui r.: '.., Id h, vie o u!.Ir . un +l I: thn. I an, punlnl"r '' Platteville Herald :h:n L'Ir s„cv is a w' , ..I. nc :!spay r cc' if. rleral NOTICE the Clerk to the beard of County crl ulat cc,. Ka: pr:n:c C anil par blsh:C in the Commissioners, located in the town of Pursuant to the zoning laws el Weld County Centennial Center, Platteville the State of Colorado end Ms 915 10th Street, Third Floor, ....1t ..r. .! r no: , v'. a0crc Weld County Zoning Ordinanak a Greeley, Colorado. :r s. Public SIPS will be held in the DOCKET NO. 6934 • s r, a 11.,1 u,:: I s c -Jr nor 0-c. Chambers of the Board of County ;APPLICANT -Commissioners of Weld County, The Robert Gerritytompeny Motoredo, Weld County Gaga- fro William G. Crews One rarest Center, 915 Colt Street, Fat 1223 25th Avenue, Suite 2 ro-.vru;:ve Moor, Greeley, Colorado, at She Greeley, Colorado 80631 ur,:,a.. In_i the nu.r. . G.nU!'.-nc in tie time specified. All persons in any DATE:July 9, 1989 reCu:ar ant entire 15(U: oar C.Cr' numh"r o si.d manner interested in the Site TIME: Prim P.M. r SWUM Dwelopment Plan ■ REQUEST: Site Specific Devel- n�u span r d non: the la red'an?uric of public g0 'ton n' si:.e notine a..o in. ',rat ne wage per prof 'r uesie) Review Permit may a zo- heel Plan and- Oil endSpecialod production . heard.quested to attend and b gas W and nc: rn a sursnr item thereof. the, the first heard. facilities in the R•1 (Low Density rur.`.rancr: of sad fiance w37, ronianied in Inc Should the applicant or any M- Resident's') Zone Moffitt • =inapt r bcanntsnated party desire the, prea- LEGAL DESCRIPTION: 51/2 issor at sand nry the date. the ence of a court reporter to make a NEl// of 15, Township 6 record of the proceedings, In ad- North, Range 65 96 West of the 6th 22datc or ,T71nPA r . 1p R dam to the toped record which P.M„ Weld County Colorado. $ will be kept during the hearing, LOCATION: Approximately one the Clerk to the Board's Office mile east of the City of Greeley and :ha last put:rai!on 'her -c'.. :n cN tssuc of can be contracted for a list of west of Fern Avenue end north of s ,:ncwspape'. b.-arse[ Cn'ie. L.Z. day of certified court reporters In the 24 Str LO arm If a court reporter is oP D June F COUNTY ODMMIg- tend, the Clerk to me aorta SIGNERS ° Rt:u' :he S 'U once shell be advised in writing WELD COUNTY, 'COLORADO Platteville Herald of such action at least five days BY: COUNTY CLERK A ANN ND prior to the court TM wet of RECORDER engaging a court reporter shall : C : I. ,. , 3'w I.' '.'.c':' be borne by the requesting parry. AND CLERK TO THE BOARD C...-.,:r th:- f-:-. at Ira, I..'',-;%‘0. BE IT ALSO KNOWN tel the ten BY: MARY REIFF, DEPUTY .. .r w:;:, o -I - tO d•,' Les ¢w,. and maps so certified by the Weld DATED: JUNE /5, 1969 ••-, c r.'. - r: or ae r v-c may be aminedning the °Ma el PUIS LISHED:ISMS" JunISIS 22, 1999, In ... - _ may be axrninW M the eNla N MawvlW INra1d ._ th t ^.: cm r c' ca I.. o' said 1 it' au ; fr rprc, r_' ..r, the :- u. i- L n, ,: I,' I. .tie Coil- .- alS / , I. t' I P sass , r a7 i�c Fort 4''1 Street futon, Coloan -0Un4I • //A/ . 880511 Affidavit of Publication STATE OF COLORADO ss. County of Weld, 1, Lorita Seidler of said County of Weld, being duly sworn, say that 1 am an advertising derk of -THE GREELEY DAILY TRIBUNE, and L• THE GREELEY REPUBLICAN that the same is a dailynewspaperof ,;l !ry,W general �. . circulation and printed and published in the City of Floor,Gfeelefl,Colprada,a?, t me.nen,tt_a�Sdtl A'I per, Greeley, in said county and state; that the notice or m)Mnnppr int rented fuss site spec,HG yyebpment Plan and Species Review'Pe}Meepuesteflto ette d and may be heard, advertisement, of which the annexed is a true copy, has Should iheapplhantdr ally interested party desire the presence of a court report,u1la.IMaIIflrea rd at the.petnlintit,irratrdition to been published in said daily newspaper for consecutive the taWa rdcoPUMnrufarllPYe.lt tot.rtwinolfrt7t.bnipythe ale,*to the Board's Office can be contacted for a list of certified court (days) (sX Mkx); that the notice W rep„ m+EhtawY if a courtreporterisobtained,thFClerktotheas published in the ISO n4aeMNYlrpiNlaed{nwrirn g such regular and entire issue of every number of said YS fbrtaltWheOrtlat Thekasr lien rpporterahall peceull y h rapwsMgparey EE}T 4so RNOlya1 that the test and maps Ile Colla ted by the newspaper during the period and time of publication of WeldC tyPanpmpTWan,,•�,mission may be examined in the office of said notice, and in the newspaper proper and not in a iheCpt lotto county'CoM issionerSalocoted In the weld CelhWy ae'tpe er,9" loth street,TP)ril Fiber, Greeley., supplement thereof; that the first publication of said caoraap , �- , , Coorado t APPLICANT notice was contained in the issue of said newspaper Npy4 The Robert Gerrity Company No William C.Crews bearing date 122328th Avenue,Suite 2 1� ,,,,1 Greeley,.Colorado 80631 Twenty-Third U DATE saya,> ``. day of JIR1P A.D. 19$f� ; ?{ME RWPM REQUEST �IYe Specific Development Plan and Special,Review and the last publication thereof; in the issue of said -Pernht Igo,and s production facilities in the R•I tLow Density newspaper bearing date the -t*eaidentlpll Tohe'DiatucT LIMAL pEScmlP.p10N; s 1/2 NE l/4.24 section Is, Townships Twenty-Third North,Raise es West Ollie 6M P.M.,Weld County,Colorado LOCATION roxiq tely bne mile east of the Gat of Greeley: west di Perri Ava and north Of 24th Street fi BOARD OF COUNTYcoMMtsslpNns T ".,.+, it WELDCOUNitY,COLORADo day of JuneA.D. 19 . 8Y: PEUE MARYA NNPEUERSTEIN that said The Greeley Daily Tribune and The Greeley Republican, has been published continuously and „ }E` _ uninterruptedly during the period of at least six „ sr„r�„ f Y (411yn ,< ,C months next prior to the first issue thereof contained said notice or advertisement above referred to;that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. June 23, 1988 Total Charge: $28.16 (---*"O-1,...__yj r; y ek„Advertising Clerk Subscribed and sworn to before me this 23rd day of June A.D. 19 M M( om mission expires Y Econ.,7�fv 27, I 98 Notary Public 880511 DATE: June 15 , 1988 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 hearings for the 6th day of July, 1988 , at 2 : 00 P.M. Docket No. 88-33 - Site Specific Development Plan and Special Review Permit for oil and gas storage facility in the A (Agricultural) Zone District, Snyder Oil Company Docket No. 88-34 - Site Specific Development Plan and Special Review Permit for oil and gas production facilities in the R-1 (Low Density Residential) Zone District, The Robert Gerrity Company OFFICE OF THE LE TO THE BOARD i BY / ,74477 Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD�OUNTY,/0-40t-t- , COLORADDO �� SSG !C z'' .eXy B 7 D 880511 Summary of the Weld County Planning Commission Meeting June 7, 1988 Page 2 MOTION: Paulette Weaver moved Case Number USR-831 for Snyder Oil Company for a Site Specific Development Plan and a Special Review Permit for an Oil and Gas Storage Facility in the Agricultural zone district be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendation, conditions, and -Development Standards as presented by the Department of Planning Services staff and the testimony heard by the members of the Planning Commission. Motion seconded by Ernie Ross. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Louis Rademacher - yes; Jerry Burnett - yes; Bud Halldorson - yes; Ernie Ross - yes; Paulette Weaver - yes; Ann Garrison. - yes. Motion carried unanimously. CASE NUMBER: USR-832 APPLICANT: The Robert W. Gerrity Company REQUEST: A Site Specific Development Plan and a Special Review permit for Oil and Gas Production Facilities in the R-1 (Low Density Residential) zone district. LEGAL DESCRIPTION: Si NEt of Section 15, T5N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 1 mile east of the City of Greeley. APPEARANCE: William G. Crews, Professional Landman, Agent, and Attorney-in-Fact, represented the applicant. Since this application was submitted to the Department of Planning Services the company has officially changed its name to The Robert Gerrity Company. This request is for two oil or gas wells in the R-1 (Low Density Residential) zone district. Tape 322 - Side 1 Mr. Crews discussed the proposed road agreement, designated haul route, and setbacks required by the Colorado Oil and Gas Commission vs. those recommended by the City of Greeley Planning Commission. He would like to see Development Standards 9 and 11 amended to be more favorable and fair to his company. Lee Morrison explained land uses of surface estates are determined by local governments. 880511 �xH Summary of the Weld County Planning Commission Meeting June 7 , 1988 Page 3 The Chairman called for discussion from the members of the audience. Lola Richardson, surrounding property owner, stated they are not opposed to the drilling of these wells, but they are concerned about the condition of the road and tank battery being only twenty feet from the right-of-way. Carol Carr, surrounding property owner, spoke about her. concerns regarding road maintenance and the distance of the tank battery from the road right-of-way. Carolyn Bly, surrounding property owner, is concerned about the noises emitted by the existing tank battery. She also asked that emergency phone numbers be posted at the site. Bob Johnson, Johnson Auction, asked for a more definite location. He is not opposed to this proposal. Mr. Crews explained the difference between a two and three phase separator and the noises caused by the valves. He told the property owners he would help them find the owner of the tank battery and their telephone number if they would contact him. The Chairman asked Lanell Swanson to read the recommendation, conditions, and Development Standards as set forth by the Department of Planning Services' staff into the record. Tape 322 - Side 2 MOTION: Ernie Ross moved Case Number USR-832 for The Robert Gerrity Company for a Site Specific Development Plan and a Special Review permit for oil and gas production facilities in the R-1 (Low -Density Residential) zone district be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendation, conditions, and Development Standards as presented by the Department of Planning Services' staff and the testimony heard by the Planning Commission. Motion seconded by Louis Rademacher. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Louis Rademacher - yes; Jerry Burnett - yes; Bud Halldorson - yes; Ernie Ross - yes; Paulette Weaver - yes; Ann Garrison - yes. Motion carried unanimously. 880511 JUN -91988 j i�f ' , BEFORE THE WELD COUNTY, COLORADO, PLANNING CO , 0 G.it" tiketa MMSSSSdN RESOLUTION OF RECOMMENDATION TO THE BOARD DE COUNTY COMMISSIONERS CASE NUMBER: USR-832 NAME: The Robert Gerrity Company, c/o William G. Crews, Attorney-in--Fact ADDRESS: 1223 28th Avenue, Suite 2, Greeley, CO 8-0631 REQUEST: A Site Specific Development :Plan and -a Special Review permit for oil and gas production facilities in the R-1 (Low Density Residential) zone district _LEGAL DESCRIPTION: S} NEk of Section 15, T5N, R65W of the 6th Y.M. , Weld _County, Colorado LOCATION: Approximately one mile east of the City of Greeley; west of Fern Avenue and north of 24th Street be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 24. 7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Weld County Planning Commission that the applicant has shown compliance with Section 24.3 -of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the Weld County Comprehensive Plan's Urban Growth Boundary Goals and Policies. The City of Greeley Planning Commission, in its -referral dated May 24, 1988, recommended no objection to this proposal with certain conditions. The concerns and conditions of the City of Greeley are addressed in the attached additional comments. - The proposal is consistent with the intent of the R-1 (Low Density Residential) zone district and is -provided for as a use -by special review. - The proposed use As compatible with the Existing surrounding land uses which are row crop farming, pasture, rural residences, and a real estate business. The use will be compatible with the future development of the surrounding area as permitted by the -R-1 (Low Density Residential) zone district. Special Review Development Standards will ensure compatibility with the surrounding land uses. The proposed special review site is located in the Airport Overlay District. Part of the proposed Special -Review Site is located in the flood plain. -Special Review Permit Development Standards address the overlay district requirements. 8805_11 �XH/fa/r The Robert W. Gerrity Company USR-832 Page 2 Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. This recommendation is based, in part, upon a review of the application submitted by the applicant, other relevant information regarding the request, and the responses of the referral entities which have reviewed this request. The Planning Commission's recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review permit be adopted and placed on the Special Review plat prior to recording the plat. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat has been delivered to the Department of Planning Services' office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Prior to recording, the Special Review plat shall be amended to show: A 75 foot right-of-way reservation from the centerline of B.S. Highway 34. Clarification of the tank battery detail to show no activity, including truck parking, within the setback area. 4. Within 30 days of approval by the Board of County Commissioners, the applicant shall enter into a road improvements and maintenance agreement with the Weld County Engineering Department. The agreement shall be approved by the Board of County Commissioners. Motion -seconded by Louis Rademacher. VOTE: For Passage Against Passage Louis Rademacher Jerry Burnett Bud Halldorson Ernie Ross Paulette Weaver Ann Garrison 880511 The Robert W. Gerrity Company USR-832 Page 3 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 June 7, 1988, and recorded in Book No. XI of the proceedings of the said Planning Commission. Dated the 8th day of June, 1988. Bobbie Good Secretary 880511 ADDITIONAL COMMENTS THE ROBERT W. GERRITY COMPANY USR-832 The City of Greeley recommended no objection to this proposal with four conditions regarding setback requirements, fencing, no trespassing zones, watchman requirements, Greeley Fire Code compliance, and access road surface requirements. Setback standards have been set forth in the Development Standards. 990511 INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Case Number USR-832 Submitted or Prepared Prior to Hearing at Hearing 1. Application 14 Pages X 2. One Application plat, 1 page X 3. DPS Referral Summary Sheet X 4. DPS Recommendation X 5. DPS Surrounding Property Owner's Mailing List X 6. DPS Mineral Owner's Mailing List X 7. Three DPS Maps Prepared by Planning Technician X 8. DPS Notice of Hearing X 9. DPS Case File Summary Sheet X 10. DPS Field Check X 11. Referral from the Greeley Planning Department X 12. Referral from the State Highway Department X 13. Referral from the City of Evans X 14. Referral from the Weld County Health Department X 15. Referral from the Weld County Engineering Dept. X 16. Oil and Gas Regulations (6 pages) X 17. 18. I hereby certify that the 16 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office on June 9, 1988. Cu erkt anner STATE OF COLORADO ) COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS day of QAw ,.,,_ 19$$ SEAL oc NOT A Y PUBLIC My Commission Expires My "�� cc°' Fe' 13, 1331 CA/Nisi/ 4/7 880511 r EXHIBIT INVENTORY CONTROL SHEET Case ZM Exhibit /J Submitted By Exhibit Description A• k,,e,,a?"2/Ince Ay -472-oet4 ye-anzi,_/ ,e-e-eirna&a( B. ?"��7.,c� (�OJ,-)rat .6-4-Zcem l'arfn27-7a..1 -Zun G C. l A./1/y'/��,1./`� 6222, „_,..-4472/7/21.47/7 to l/ /� � .� �> D• � � �1 li See; �2Cei L� AeL'C Xi E. a . ' F. G. Ii. Z. J. R. L. M. N. 0. p 880511 Date: June 7, 1988 CASE NUMBER: USR-832 NAME: The Robert Gerrity Company, c/o William G. Crews, Attorney-in-Fact ADDRESS: 1223 28th Avenue, Suite 2, Greeley, CO 80631 REQUEST: A Site Specific Development Plan and a Special Review permit for oil and gas production facilities in the R-1 (Low Density Residential) zone district LEGAL DESCRIPTION: Si NE} of Section 15, T5N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately one mile east of the City of Greeley; west of Fern Avenue and north of 24th Street THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: - The proposal is consistent with the Weld County Comprehensive Plan's Urban Growth Boundary Goals and Policies. The City of Greeley Planning Commission, in its referral dated May 24, 1988, recommended no objection to this proposal with certain conditions. The concerns and conditions of the City of Greeley are addressed in the attached additional comments. - The proposal is consistent with the intent of the R-1 (Low Density Residential) zone district and is provided for as a use by special review. - The proposed use is compatible with the existing surrounding land uses which are row crop farming, pasture, rural residences, and a real estate business. The use will be compatible with the future development of the surrounding area as permitted by the R-1 (Low Density Residential) zone district. Special Review Development Standards will ensure compatibility with the surrounding land uses. - The proposed special review site is located in the Airport Overlay District. Part of the proposed Special Review Site is located in the flood plain. Special Review Permit Development Standards address the overlay district requirements. - Special Review Development Standards will provide adequate protection of the health, safety and welfare of the neighborhood and County. 880511 The Robert W. Gerrity Company USR-832 Tage 2 'This recommendation is based, in part, upon a review of the application submitted by the applicant, other relevant information regarding the request, and the responses of the referral entities which have reviewed this request. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review permit be adopted and placed on the Special Review plat prior to recording the plat. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat has been delivered to the Department of Planning Services' office and the plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Prior to recording, the Special Review plat shall be amended to show: A 75 foot right-of-way reservation from the centerline of U.S. Highway 34. Clarification of the tank battery detail to show no activity, including truck parking, within the setback area. 4. Within 30 days of approval by the Board of County Commissioners, the applicant shall enter into a road improvements and maintenance agreement with the Weld County Engineering Department. The agreement shall be approved by the Board of County Commissioners. 880511 LAND-USE APPLICATION SUMMARY SHEET Date: May 31 , 1988 CASE NUMBER: USR-832 NAME: The Robert W. Gerrity Company, c/o William G. Crews ADDRESS: 1223 28th Avenue, Suite 2, Greeley, CO 80631 REQUEST: A Site Specific Development Plan and a Special Review permit for oil and gas production facilities in the R-1 (Low Density Residential) zone district LEGAL DESCRIPTION: Si NE} of Section 15, T5N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately one mile east of the City of Greeley SIZE OF PARCEL: 80 acres, more or less POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criterion for review of this Use by Special Review proposal are listed in Section 24.3 of the Weld County Zoning Ordinance. The Department of Planning Services staff has received specific recommendations from the following referral entities: - City of Greeley Planning Commission - State Highway Department Copies of these referral responses are included in this summary packet. The following referral entities have responded and have no objections to this proposal. - Weld County Office of Emergency Management - Western Hill's Fire Protection District - Colorado Oil and Gas Conservation Commission - Town of Garden City Referral responses have not been received from the following: - Weld County Engineering Department - Weld County Health Department - City of Evans Planning Department - Greeley Soil Conservation Service No objections have been received by the Department of Planing Services' staff from surrounding property owners. 880511 l f 1J '�.S .. ].1 G ) _, . '• I 1}! .11 10 �IV \'AL 1 C `e 1 [ i • • 3 • 1° I• if •IM"a °e ' ' .1i.• .I+ •. IIx1.•• Mm ) e/r roil Is • • ! , '� .• ! .]3 n . 1 ' ' • • •� `\Lo�I 1 tan • .. a . • .I. / !•r•• • •1 . 1ry • •,. n ` ,� •� 'LIJ H. • • .• • _1 �� '� • • li• m 4 • '•n•• • ,• no vElte MD • •' 20 1 •1 }i E] E. 1 • • 3,LUCS RNE • •• ••• 1- • •, ' •ro•M[lt , 'I 1� •I I tick; `I�\\\` $ . 1 • } 1 ](\•��• 1 !. 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R` i, rx "ht,:*''''' • ._ 7• x ;.Y 4 4 ' hyyR ?':Y* 7 .- \ t C t • ay,. t� , a *"4,,,. ¶ , 44 n,) 4iiri N. > fi s a ? >n -4-, i "Y' n{ 4 k +°�� z N yyi c 17. a 4 • f t ka: .. cx a �.,,at31\1 x, . . ' A A.34 C xA4^3C.. 4 ` e+ w, +�,Y 4`y { gTe ,"et."' a ' *Stills • YCI. ( y, b T't �a ' a "3fY x c `' �M: pp a r {y. 1 77 REFERRAL LIST APPLICANT: The Robert W. Gerrity Company CASE NUMBER: USR-832 SENT REFERRALS OUT: May 10, 1988 REFERRALS TO BE RECEIVED BY: May 24, 1988 NO SR NR NO SR NR X Weld County Health Dept. X Engineering Department ✓ X Office of Emergency Mngmt Ed Harring ✓ X Western Hills Fire Protection District c/o Brian W. Newkirk 1804 Cherry Avenue Greeley, CO 80631 X State Highway Department P.O. Box 850 Greeley, CO 80632 X City of Evans Planning Department P.O. Box 59 Evans, CO 80620 X City of Greeley Planning Department c/o Nicholas Matz 1000 10th Street Greeley, CO 80631 ✓ X Town of Garden City P.O. Box 1214 Greeley, CO 80632 X Greeley Soil Conservation Service 4302 9th Street Road Greeley, CO 80634 X Paulette Weaver Planning Commission Member 1725 12th Avenue Greeley, CO 80631 X Colorado Oil and Gas Conservation Commission 1580 Logan Street, Suite 380 Denver, CO 80203 NO=No Objection SR=Specific Recommendations NR=No Response 880511 jDEPART( VT OF PLANNING SERVICES /17-SC PHONE(303)3564000 EXT.4400 15 10th STREET GREELEY,COLORADO 80631 ri h O - %.29r, v. CASE NUMBER USR-832 COLORADO May 10, 1988 TO WHOM IT MAY CONCERN: Enclosed is an application from The Robert W. Gerrity Company for a Site Specific Development Plan and a Special Review permit for Oil and Gas Production Facilities in the R-1 (Residential) zone district. The parcel of land is described as the Si NE} of Section 15, T5N, R65W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1 mile east of the City of Greeley. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. Please reply by May 24, 1988, so that we may give full consideration to your recommendation. Please call Lanell J. Swanson, Current Planner, if you have any questions about this referral. Thank you for your help and cooperation in this matter. Check the appropriate boxes below and return to our address listed above. 1 . We have reviewed this request and find that the request (does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the proposal and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted o you prior to: 5. P1 s e er to the enclosed letter. Signed: Agency: Date: 880511 PLANNING COMMISSION SUMMARY SHEET ITEM: yiel-d County Referral PROJECT: Use by Special Review for oil and gas production facilities in an S-1 (Singl-e-family Residential) zone district. APPLICANT: The Robert W. Gerrity Co. LOCATION: U.S. 34 Business and East 24th Street (approximately one mile east of the City of Greeley) . ZONE: R-1 (County) PLANNING COMMISSION HEARING DATE: flay 24, 1985 PLANNING COMMISSION FUNCTION: To recommend to the Meld County Planning Commission on -development conformance with the _Greeley Comprehensive Plan. PROJECT OVERVIEW: 1. This is a request to drill and maintain two oil and gas wells with production facilities on80 acres of land. 2. The site is currently agricultural and rural residential, and is bisected by U.S. 34 Business (East) . PLANNING REVIEW COMMENTS: 1. This proposed land use is approximately one mile east of the City of Greeley, outside the Mid-Range Expected Service Area, and inside the Long-Range Expected Growth Area. 2. Present and future land use compatibility is of concern in this application. Present compatibility concerns surrounding land uses as well as use of public right-of-way passing nearby these proposed facilities. Future compatibility is reviewed by comparing the construction and lifetime o₹ these facilities against their location outside the Mid-Range Expected Service Area and inside the Long-Range Expected _Growth Area. 3 . Standards equivalent to the city's for ensuring the safety and compatibility of surrounding land uses with the proposed land use should be included as part of this application. This is to ensure a consistent level of regulatory protection in urban areas subject to oil and gas drilling. It also 880511 ensures the safety of people using _24th Street and U.S. 34 Business an their way to and from _Greeley, and provides for consistent expectation of what to find at sites on the part of services such as emergency response and joint law enforcement. These standards should include: --A 300' setback from public right-ate way for oil and gas wells and production facilities. --Fencing, no trespassing zones and -watchman requirements as required in the municipal code. --Compliance with Greeley Fire Code Section 19 . 1113 . --Provision -of an all-weather access road surface. The long-term development of this area as stated by the Mid]2ange _Expected Service Area and the tong-Range Expected Growth Area is not affected -by this }proposed land use due to its stated operational life. Both of the 'development guidance areas and the 10-15 year life -of the well suggest that these wells will be abandoned before development in the area occurs. ADMINISTRATIVE REVIEW COMMENTS: The Administrative Review Team agreed that the standards recommended for inclusion are appropriate and that other standards normally required by city 'ordinance are not necessary due to compliance -with Oil and Gas Conservation Commission requirements. NEIGHBORHOOD MEETING _REQUIREMENTS: N/A PLANNING COMMISSION ACTION REQUESTED: Recommend no 'objection to this Weld County Referral as proposed only -with the following conditions: --A 300' setback from public right-of-way for oil and gas wells and production facilities. -Fencing, no-trespassing zones -and watchman requirements as required in the municipal code. --Compliance with -Greeley fire Code Section 79. 1113 . --Provision of an all-weather access road surface. 88051.1 \ CACHE , x -"NY- „RE 9 10 11 G f 7 - ss - - / i E.20thSt. d I J r. j I / • z .. _ 16 �,.✓^ -.---7'.'"..14, J / ;• E24thSt . . /• . . 14 -----N---- Y. a,5 / / H WY. 34 (BUS.) 21 22 23 VICINITY MAP APPROX. 1"=2000' NO . DWS. # 8833-D31 RO R I-_ RT W. C_HIRRITY COMPANY' 7-11%7-11% T T TT T T1 rim" TT % A Mr% �/J �J 55051.1 /V-1�/„�//, 7 r ,, III oz a II L CL II w ! i I I �\ ` f t.i •- \ f U a o i I.I w r k Ili 12 gF ° I ' sR Wo o I I I Sm9 .. T,\ ry UOW , Y ! III Y ..' 14 - \ 3> I as INICI I . - + F o a.w why...e J11. ' / CY. III - ` r, n Cil Z m L. I LJ-- Li I \ z c) Cd I- _J vi = p a F I I v. $- a' I ' ' E; II Nat., .sill I J . � J ._rr {{ .I •r fK • IiII: I._/in N,C • y . E 3 ir--9f` / Z ar / I g I : I In \\ 'I I J 7 w z \ z o 's'- i :f � ` a _ r -I / .l � a.. J ''e Ifir 1: a.�it r,° y — — !0 Nil C'— ;1 r I I I l �. a I 1.' ' �\ t , o t I I' : r i i. f j H • . - II ' I ow• . • el !II 1 Ihi i i I • tHU ' ff11' ( ' = is fill! y1 ( }} t • 6 �.Ii tj nil of 88051.1 ifs, • e Administrative Review Team May 18, 1988 Page 1 II. Weld County Referral: Special Review for Oil and Gas Production Facilities in an R-1 (Single-Family Residential) Zone. Location: U.S. 34 Business (east) at 24th Street Nicholas Matz, Planning, introduced this item noting that it will be _before the Greeley Planning Commission nn May 24 , 19-88 . The Planning staff is recommending no objections to this Use by Special Review Request provided four conditions are attached to that recommendation. They include: 1. A 300' setback from public right-of-way for oil and gas wells and production facilities. 2 . Fencing, no trespassing zones and watchman requirements as required in the Municipal Code. 3 . Compliance with Greeley Fire Code Section 79. 1113 . 4 . Provision of an all-weather access road surface. Mr. Matz asked the Administrative Review Team to comment on these conditions and suggest any additional conditions if necessary. Captain Duane Scheel, Fire Department, noted that compliance -with the setback requirement is a maj-or issue for fire protection. -He also -noted that diking should be adequate around the facility to perform as designed. Bin Range, Public -Works Admi-nistrative Engineer, requested that right-of-way be dedicated to equal the road status of 24th Street. That would require 30' from the center line of the street. He noted that this is only a request, however, it should be considered in light of the proposed setbacks _being recommended. John Schulte, _Public Service Company, Pnoted that there are required setbacks from overhead or underground powerlines that should be -considered. John Swallow, Building Inspection Director, noted that he supports the Planning Department's statements made in -regard to condition recommendations. 880511 C Administrative Review Team Page 2 May 18, 1988 Parks and Recreation, Public Works, Water Resources and Mountain Bell had no comment. It was the consensus of the Administrative Review Team that the conditions recommended were appropriate and that other safeguards are represented by compliance with the State of Colorado's Oil and Gas Conservation Commission requirements. 880511 a� STATE OF COLORADO DIVISION OF HIGHWAYS P.O. Box 850 Greeley, Colorado 80632-0850 10( = (303) 353-1232 5. A y 'i� ` Ae or coy°/ May 18, 1988 Weld Co. , S.H. 34 Gerrity Co. Site Plan N. of Platte R. on Both Side S.H. 34 Bus. DOH File 45100 Ms. Lanell J. Swanson Department of Planning Services Weld County 915 - 10th Street Greeley, CO 80631 Dear Ms. Swanson: We have reviewed the Gerrity Company application for a Site Specific Development Plan and Special Review permit. Although S.H. 34 Business Route crosses the area where the two proposed wells are located, no direct access to the highway is necessary due to the availability of other public roads. We would like to point out that the need for a 100-foot minimum right of way has been identified for this portion of S.H. 34. Any additional width to meet this need should be provided by reservation or, preferably, dedication, as permitted by County regulations. Thank you for the opportunity to review this application. Please contact Wally Jacobson at 350-2168 if you have any questions. Very truly yours, DOUGLAS RAMES DISTRICT INFER, John K. Crier District Planning/Environmental Manager JKC:mbc(WJ) cc: File: Crier-Jacobson 1 MAY 2 0 1988 II 880511 ci� uutri r'n el-.,,,net a,. .r (- FIELD CHECK FILING NUMBER: USR-832 DATE OF INSPECTION: May 24, 1988 NAME: The Robert W. Gerrity Company REQUEST: A Site Specific Development Plan and a Special Review permit for Oil and Gas Production Facilities in the R-1 (Low Density Residential) zone district LEGAL DESCRIPTION: Si NE} of Section 15, T5N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: West of Fern Avenue and north of 24th Street, just east of the Greeley City Limits LAND USE: N Pasture, 3 residences, row crops E Irrigated row crops, 2 large residences to the northeast, pasture, oil and gas production S Bob Johnson Auction and Realty, 3 residences, South Platte River, oil and gas production W Row crops, pasture, 2 residences within .5 miles ZONING: N R-1 (Low Density Residential) E A (Agricultural) S A (Agricultural) and C-2 (Commercial) W R-1 (Low Density Residential) COMMENTS: The portion of this parcel east of Highway 34 is currently in pasture. West of the Highway are row crops and 3 residences. Two of the residences which are located on the north boundary of the parcel are substantially higher than the rest of the property. Access is possible to this parcel from 24th Street and Fern Avenue. This parcel slopes slightly to the south toward the river. By• (7iri t,I a ell J. a son Current P1 ner 880511 DEPARTq: JT OF PLANNING SERVICES PHONE(303)356-4000 EXT.4400 875 10th STREET GREELEY,COLORADO 80631 ik COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday, June 7, 1988, at 1 :30 p.m. for the purpose of considering a Site Specific Development Plan and Special Review permit for the property and the purpose described below. Approval of the request may create a vested property right pursuant to Colorado Law. APPLICANT: The Robert W. Gerrity Company LEGAL DESCRIPTION: Si NE} of Section 15, T5N, R65W of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF PROPOSED USE: Oil and Gas Production Facilities in the R-1 (Low Density Residential) zone district LOCATION: Approximately one mile east of the City of Greeley SIZE: 80 ACRES, MORE OR LESS The public hearing will be held in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 915 Tenth Street, Room 342, Greeley, Colorado 80631, before the above date or presented at the public hearing on June 7, 1988. Copies of the application are available for public inspection in the Department of Planning Services, Room 342, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado 80631 - Phone - 356-4000, Extension 4400. Ann Garrison, Chairman Weld County Planning Commission To be published in the Platteville Herald To be published one ((1) time by May 18, 1988 %-4H1/71-1,1,;/‘ Received by: Date: _5 43 — 7 g 880511 r Surrounding Property Owners The Robert W. Gerrity Company USR-832 Heirs of Myrtle Marie Robb c/o Eugene Robb 2233 Highway 34 East Greeley, CO 80631 Florence A. Burger 1725 9th Avenue Greeley, CO 80631 Aruthur and Wilma Hein Gehring 2144 Highway 34 East Greeley, CO 80631 Edith I. Williams 4323 14th Street Drive Greeley, CO 80634 Barbara W. Tokunaga 1739 17th Avenue Greeley, CO 80631 John Duell 26542 Weld County Road 51 Greeley, CO 80631 Robert L. Johnson 2106 Fairway Lane Greeley, CO 80634 Henry M. Karre Carol Ann Karre 2240 East 24th Street Greeley, CO 80631 B. R. Richardson Lola I. Richardson 1846 Cherry Avenue Greeley, CO 80631 A. L. Harrington Edward Harrington, Trustees 2126 14th Street Greeley, CO 80631 E & M Eisenman Company 1612 1st Avenue Greeley, CO 80631 880511 C Page 2 James W. Maxey Irene H. Maxey 1951 Highway 34 East Greeley, CO 80631 James E. Vetting Michele I. Vetting 22670 Weld County Road 54 Greeley, CO 80631 Lorenz Farms, Incorporated 26543 Weld County Road 45 Greeley, CO 80631 William L. Roth Phyllis A. Roth Route 4, Box 319 Greeley, CO 80631 Ernie Valencia Pamela Valencia 2600 East 24th Street Greeley, CO 80631 880511 c The Robert W. Gerrity Company USR-832 Surrounding Mineral Owners Florence A. Burger 1725 9th Avenue Greeley, CO 80631 Kenneth Roy Robb 1032 Ivy Lane San Antonio, TX 78209 Margaret Gertrude Thompson P.O. Box 944 Port Townsend, WA 98368 Mary Louise Casseday 1016 18th Avenue Greeley, CO 80631 Eugene Woodrow Robb 2233 Highway 34 Greeley, CO 80631 Joy Doty c/o Barcleys Bank of California Les Pavillions Office P.O. Box AH Cupertino, CA 95014 William Keith Robb 1419 No. Belle Street San Bernandino, CA 92404 Arthur Gehring & Wilma Hein Gehring 2144 Highway 34 East Greeley, CO 80631 Eugene Woodrow Robb Shirley M. Robb 2233 Highway 34 East Greeley, CO 80631 Edith I. Williams 4323 14th Street Drive Greeley, CO 80634 The Robert W. Gerrity Company 3200 Cherry Creek South Drive Suite 200 Denver, CO 80209 880511 APPLICATION FOR USE BY SPECIAL REVIEW Department of Planning Services, 915 Tenth Street, Greeley, Colorado 80631 Phone - 356-4000 - Ext. 4400 flue" Number Date Received Application Checked by Mylar plat submitted Application Fee Receipt Number Recording Fee Receipt Number The undersigned, THE ROBERT W. GERRITY COMPANY, hereby requests a hearing before the Weld County Planning Commission and Weld County Board of Camnty Commissioners concerning a proposed Use by Special Review covering the following dec-ribed unincorporated area of Weld County, Colorado: LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: SANE', of Section 15, Township 5 North, Range 65 West LEGAL DESCRIPTION OF PROPERTY CONTIGUOUS TO SPECIAL REVIEW PERMIT AREA: S'SkNE3/4, SE;NE',NW;, E,SE;NW;, NE;NE;SW;, N'N'SE' of Section 15 ) Township 5 North, Range 65 West SW'NW1/2NW%, W'SW;NW3/4, NW;NWiSWi of ) Section 14 PRESENT ZONE R-1 OVERLAY ZONES Airport TOTAL ACREAGE 80 acres, more or less PROPOSED LAND USE Agriculture, Law Density Housing, Oil and Gas Production EXISTING LAND USE Agriculture, Its Density Housing SURFACE FEE (PROPERTY) OWNERS OF AREA COVERED BY USE BY SPECIAL REVIEW PERMIT: See attached Exhibit A APPLICANT OR AUTHORIZED AGENT (if different than above) : Applicant: The Robert W. Gerrity Company 3200 Cherry Creek South Drive, Suite 200 Denver, CO 80209 722-0101 Attorney-in-Fact: William G. Crews 1223 28th. Avenue, Suite 2 Greeley, CO 80831 351-0733 LESSEES OF RECORD OIL AND GAS LEASEHOLD RIGHTS UNDER SUBJECT PROPERTIES: See attached Exhibit B STATE OF COLORADO ) ) ss. COUNTY OF WELD I hereby depoRd. and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within the application are true and coiLa,l to the best of my knowledge. William G. Crews, Attorney-in-Fact for The Robert W. Gerrity Company Subscribed and sworn to before me this 3rd. day of May, 1988. My axmnission expires: / 0 l5 /5i/ feltao_ J 4 k_ Notary Pub Yic 880511 ATTACHMENT to APPLICATION FOR USE BY SPECIAL REVIEW The Robert W. Gerrity Company May 3, 1988 This Application for Use by Special Review consists of the Application page to which this is attached, along with the following Exhibits, which are incorporated herein by this reference: Exhibit A: SURFACE FEE (PROPERTY) OWNERS OF AREA COVERED BY USE BY SPECIAL REVIEW PERMIT Exhibit B: AFFIDAVIT OF INTEREST OWNERS-MINERAL ESTATE with attached list of owners of minerals and le�cnoa thereof (Exhibit B-1) under the U.S.R. area. Exhibit C: AFFIDAVIT OF INTEREST CWNERS-SURFACE ESTATE with attached list of all owners of lards (Exhibit C- 1) within the U.S.R. area and within 500' thereof. Exhibit D: PAGES 7, 8, 32 & 44 from Soil Survey of Weld County, Colorado, -Southern Part published by the Soil Conservation Service, United States Department of Agriculture A reproducible mylar site plan map of the U.S.R. area and contiguous lards is also a part of this Application. The Robert W. Gerrity Company ("Gerrity") seeks a Use by Special Review from the County to allow the drilling, completion and production of two oil and gas wells in a manner which (1) minimizes interference with present land use and potential R-1 use, (2) is in strict accordance with regulations of the Colorado Oil and Gas Conservation Commission, while (3) maintaining the County's lard use goals and protecting public health, safety and welfare. Gerrity desires to drill, complete and operate two oil and gas wells in the SINE: of Section 15, Township 5 North, Range 65 West, Weld County. The parcel is bounded on the East by Fern Avenue and on the South by 24th. Street, and is traversed from the NW to the SE by U.S. Highway 85-Business Route. The entire involved 80-acre parcel is currently zoned R-1, but it is now being used for agricultural and farm residence purpocou only. The surrounding land on all sides, except to the East, is likewise zoned R-1 but is being used for agricultural and farm residence purpocou. Land to the East is zoned agricultural. The lards covered by the U.S.R. were zoned R-1 by the Board at a time when residential development was anticipated in the area. This development has not yet occurred to any great degree, and the lands continue to be used for agricultural and farm residence purposes. SUMMARY OF PROPOSED OPERATIONS As indicated on the accompanying site plan map, Applicant proposes to drill two oil and gas wells on the parcel. The wells will be located in the center, plus a tolerance of 200 feet in any direction, of the SWINE$ and SE',NEr of said Section 15, in conformance with current spacing orders of the Colorado Oil and Gas Conservation Commission ("Cum") . Each well will be drilled to an approximate depth of 7,100 feet below the surface and is expected to be completed in the Codell and/or Niobrara formations. Each well will be artificially stimulated during completion. Production facilities will likely consist of, per well, one 300-barrel tank within a containing berm, a small water cistern, a separator, and a gas metering facility. Such facilities are similar to those currently in use by other operators in nearby lards in Weld County. All operations will be in full compliance with CGCC and County rules and regulations. The actual drilling of each well is estimated to take five days from the date the rig is moved onto the location, and completion activities, including lard restoration, are planned to be completed within four to six weeks thereafter. 880511 COMPATIBILITY AND PUBLIC WELFARE ASPECTS CONSISTENT WITH CCMPREFIENSIVE Pte, The pry spatial use will be consistent with the Weld County Comprehensive Plan. §32.2.4.6 of the Weld C unty Zoning Ordinances provides that oil and gas production is a permitted Use by Special Review in an R-1 District. The concept of clustering land use areas will not be impacted. 011PATIBLE WITH EXISTING USES. The entire 80-acre parcel, except for U.S. Highway 34, is entirely used for agricultural and farm residence Oil and gas production is compatible with such exist 11r.q. ' mall portions of the involved parcel will be dedicated to oil and Very ties, and present agricultural use will only be minimally affected. py activities, affect to surface use will be more than offset by derived fruit oil andr the benefit expected be historically gas production. Agricultural and oil and gas n.r- are compatible and result in maximum utilization of both the surface and mineral estates. Cr>14PATIBLE WITH FUTURE USES. The estimated life of the wells is expected to be from ten to fifteen years. Based upon surrounding land use, growth rates and distance from developed residential areas, it appears likely that the wells will be plugged and abandoned before the involved area is highly developed for law density residential use as zoned. Should such development take place during the life of the wells, residential use will be compatible with oil and gas production. County and OGCC required setbacks will provide adequate separation from R-1 permissible facilities and thereby assure maximum utilization of both surface and mineral estates. All wells, tanks and separators will be located a minimum of 200 feet from occupied dwellings, public roads and above-ground utilities. NO ADDITIONAL DEMAND ON COUNTY SERVICES. It is anticipated that there will be no additional demand on County services. The activities to be conducted will not involve, nor impact, water or sewer service, and will not materially increase traffic except for very brief periods during actual drilling and completion operations when the drilling rig, frac trucks and equipment, and suppliers will be accessing the site. Following completion, traffic will consist of one daily visit by pickup truck to each wellsite and battery, and approximately two tanker truck visits per month to each battery. There is no anticipated need for any additional police and fire protection or drainage control. PUBLIC SAFETY AND WELFARE. The pry use, in conformance with applicable rules and regulations of the OGOC and the County, will not create a hazard to the public safety and welfare of the citizens of the County. The safety of oil and gas drilling in the vicinity of these proposed wells has been demonstrated over the past few years, and recent changes in safety rules of the crrC have been enacted to further ensure the safety of such activities. PROPOSED USE IS IN THE BEST INIEREST OF THE COMMUNITY. C.R.S. §34-60-102 declares that it is in the public interest to foster, encourage, and promote the development, production and utilization of the natural resource, of oil and gas in the State of Colorado. The proposed use is not only in accordance with the policy of the State, but will ensure that the owners of the minerals will be able to use and benefit from their property interest while not appreciably impacting existing surface 'Pr. Oil and gas exploration and production will directly result in revenue to the involved mineral owners, will contribute to the overall economy of the area from the multiplier effect of locally purchased grnic and services, and will create much needed tax revenue without creating the need for additional County services. PROPOSED USE IN CavIPLIANCE WITH AIRPORT OVERLAY ZONING. The height of all equipment will never exceed the restrictions in the Airport Overlay Zone. Federal Aviation Administration hazard determination, if applicable, will be obtained prior to commencing operations. SOILS. The soils on lards covered by the U.S.R. are classified as follows in Soil Survey of Weld Couunty, Colorado, Southern Part published by the Soil Conservation Service, United States Department of Agriculture: 2 6849811 Altvan Loan, 0 to 3 percent slopes Aquolls and Aquents, gravelly substratum Olney Find Sandy loam, 0 to 3 percent slopes Ustic Torriorthents, moderately steep Detailed descriptions of these soils are contained in Dchibit D attached hereto. ILIDSIaATIoNs AND INTENT NOT LIMITATIONS The specific mention of objective formations, activities, facilities and other matters herein are meant to be of assistance to the County in evaluating this application, but are not meant to limit Gerrity's facilities or objective formations for completion to those mentioned. The site plan map attached hereto is representative of the intended locations of facilities, but Gerrity submits such site plan as a proposal based upon the perceived best locations for production facilities. Should a location for any stud' facility be later chosen which is consistent with County and OGCC regulations and which will result in more economic or safer operations and/or benefit the surface owner, Gerrity intends that sudh changes be allowed upon Gerrity notifying the Weld County Planning Department of the specific changes. 3 880511 EXHIBIT A Gerrity Application for U.S.R. (Surface owners of U.S.R. Area) OWNERS Kenneth Roy Robb 1032 Ivy Lane San Antonio, TX 78209 Margaret Gertrude Theron Y.O. Box -944 Port Zownserd, WA 98368 Mary Louise Casseday 1016 18th. Avenue Greeley, CO 80631 Eugene Woodrow Robb 2233 Highway 34 Greeley, CO 80631 Joy Doty c/o Barcleys Bank of California Les Favillions Office Y.O. Box AH Cupertino, CA 95014 William Keith Robb 1419 No. Belle Street San Bernadino, CA 92404 Florence A. Burger 1725 9th Ave. Greeley, CO 80631 Arthur Gehring & Wilma Hein Gehring 2144 Highway 34 East Greeley, CO 80631 Eugene Woodrow Robb & Shirley M. Robb 2233 Highway 34 East Greeley, 00 80631 Edith I. Williams 1}323 14th Street Dr. Greeley, CO 80634 880511 EXHIBIT B AFFIDAVIT OF MEREST OWNERS SURFACE ESTATE Gerrity Application for U.S.R. Subject Property: S'NE3/4 of Section 15, Township 5 North, Range 65 West STATE OF COLORADO ) ss. COUNTY OF WELD THE UNDERSIGNED, being first duly sworn upon his oath, daps and states that to the best of his 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 Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property involved in the attached Application for Use by Special Review. This list was compiled from the records of the Weld County Assessor within thirty (30) days of the submission date of the application for such Amendment. William G. Crews Subscribed aid sworn to before me this 3rd. day of May, 1988. my =mission expires: k (,.,-„`- S 0 c (?9 / No Public 880511 EXHIBIT B-1 Gerrity Application for U.S.R. (Surface owners in or within 500' of U.S.R. Area) ASSESSOR'S PARCEL # CMNER OR OWNER 0961-15-0-00-060 Heirs of Myrtle Marie Robb c/o Eugene Robb 2233 Hwy 34E Greeley, CO 80631 0961-15-0-00-061 Heirs of Myrtle Marie Robb 0961-15-0-00-056 Florence A. Burger 1725 9th Ave. Greeley, CO 80631 0961-15-0-00-057 Arthur & Wilma Hein Gehring 2144 Hwy 34E Greeley, CO 80631 0961-15-0-00-058 Eugene Woodrow Robb & Shirley M. Robb 2233 Hwy 34E Greeley, CO 80631 0961-15-0-00-059 Edith I. Williams 4323 14th Street Dr. Greeley, CO 80634 D961-15-0-00-062 Edith I. Williams 0961-15-0-00-069 Barbara W. Tbkunaga 1739 17th Ave. Greeley, CO 80631 0961-15-0-00-068 Edith I. Williams 0961-15-0-00-065 Edith I. Williams D961-15-0-00-063 Edith I. Williams D961-15-0-00-083 John Duell 26542 WCR 51 Greeley, CO 80631 0961-15-0-00-043 Robert L. Johnson 2106 Fairway Lane Greeley, CO 80634 0961-15-0-00-044 Henry M. Karre & Carol Ann Karre 2240 E. 24th Street Greeley, CO 80631 0961-15-0-00-045 Henry M. Karre & Carol Ann Karre 0961-15-0-00-046 B.R. Richardson & Lola I. Richardson 1846 Cherry Ave. Greeley, CO 80631 0961-15-0-00-047 A.L. Harrington & Edward Harrington, Trustees 2126 14th Street Greeley, CO 80631 0961-15-2-00-005 E & M Eisermian CO. 1612 1st Ave. Greeley, CO 80631 0961-15-2-00-006 James W. Maxey & Irene H. Maxey 1951 Hwy 34E Greeley, CO 80631 880511 0961-15=2-00-007 James E. Vetting & Michele I. Vetting 22670 WCR 54 Greeley, CO 80631 -0961-15-2-00-+014 Jams E. Vetting & Michele I. Vetting 0961-14-0-00-001 Lorenz Fares, Inc. 26543 %CR 45 Greeley, CO 80631 0961-14-0-00-004 William L. Roth & Phyllis A. Roth Rt. 4, Box 319 Greeley, CO -80631 0961-14-0-00-005 Ernie Valencia & Pamela Valencia 2600 E. 24th Street Greeley, CO 80631 ii 880511 EXHIBIT C AFFIDAVIT OF INTEREST UVNERS -MINERAL ESTATE Gerrity Application for U.S.R. Subject Property: SANE; of Section 15, Township 5 North, Range 65 West STATE OF COLORADO ) ss. _COUNTY OF WELD THE UNDERSIGNED, being first duly sworn upon his oath, deposes and states that to the best of his knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and lxceos of mineral owners on or under the parcels of land comprising the property involved in the attached Application for Use by Special Review as their names appear in the records of the Weld County Clerk and Recorder according to a Drilling Title Opinion dated April 15, 1988 prepared by William M. Foster, Esq. of Denver, CO for The Robert W. Gerrity Company. —William G. Crews Subscribed and sworn to before me this 3rd. day of May, 1988. My commission expires: ?2cL.( /99/ 7 Notary Public 880511 EXHIBIT C-1 Mineral and Leasehold Owners - U.S.R. Area MINERAL OWNERS: Kenneth Roy Robb 1032 Ivy lane San Antonio, TX 78209 Margaret Gertrude Thcnpson P.D. Box 944 Port Townsend, WA 98368 -Mary In ii se Cascseday 1016 18th. Avenue Greeley, CO 80631 Eugene Woodrow Robb 2233 Highway 34 Greeley, CO 80631 Joy Doty c/o Barcleys Bank of California Les Pavillions Office P.O. Box AH Cupertino, CA 95014 William Keith Robb 1419 No. Belle Street San Bernadine, CA 92404 Florence A. Burger 1725 9th Ave. Greeley, Co 80631 Arthur Gehring & Wilma Hein Gehring 2144 Highway 34 East Greeley, CO 80631 Eugene Woodrow Robb & Shirley M. Robb 2233 Highway 34 East Greeley, CO 80631 Edith I. Williams 4323 14th Street Dr. Greeley, CO 80634 Note: All of the above mineral owners are subject to valid oil and gas leases to Arlo L. Richardson. LEASEHOLD OWNER: The Robert W. Gerrity Company 3200 Cherry Creek South Drive, Suite 200 Denver, CO 80209 Note: Gerrity is the benefical owner of oil and gas leaces covering the entire U.S.R. area under an unrecorded agreement between Gerrity and Arlo L. Richardson. 880511 EXHIBIT D Wki,D COUNTY, COLORADO, SOUTHERN PART 7 brief description of the soil profile. In each description, -The acreage and proportionate extent of each map unit the principal hazards and limitations are indicated, and are given in table 4,and additional information on proper- the management concerns and practices needed are ties, limitations, capabilities, and potentials for many soil discussed. The map units on the detailed soil maps represent an uses ese s given for each kind of soil in other tables in this area on the landscape made up mostly of the soil or soils y' (See "Summary of defined i i the G G of the terms for which the unit is named. Most of the delineations used in describing soils are den lossary. shown on the detailed soil map are phases of soil aeries. Soils that have a_profile that is almost alike make up a Soil-descriptions soil aeries. Except for allowable differences in texture of 1—Altvan loam, 0 to 1 percent slopes. This is a deep, the-surface layer or of the underlying substratum, all the well drained soil on terraces at elevations of 4,500 to 4,900 soils of a series have major horizons that are similar in feet. It formed in old alluvium deposited by the major composition, thickness, and arrangement in the profile. A rivers. Included in mapping are small areas of soils that soil series commonly is named for a town or geographic show evidence of poor drainage. Also included are small, feature near the place where a soil of that series was long and narrow areas of sand and gravel deposits. first observed and mapped. Olney and Nunn, for example, Typically the surface layer of the Altvan soil is grayish are names of two soil aeries. brown loam about 10 inches thick. The subsoil is brown Soils of one series can differ in texture of the surface and light yellowish brown clay loam and sandy clay loam layer or in the underlying substratum and in slope, ero- about 15 inches thick. The substratum is calcareous loamy sion, stoniness, salinity, wetness, or other characteristics sand about 6 inches thick over gravelly sand. that affect their use. On the basis of such differences, a Permeability and available water capacity are soil series is divided into phases. The name of a soil phase moderate. The effective rooting depth is 20 to 40 inches. commonly indicates a feature that affects use or manage- Surface runoff is slow, and the erosion hazard is low. ment. For example, Olney fine sandy loam, 1 to 3 percent This soil is used almost entirely for irrigated crops. It slopes, is one of several phases within the Olney series. includ- Some map units are made up of two or more dominant n suitedn to all crops commonly beans, alfalfa,grown in the area, kinds of soil. Such map units are called soil complexes and ing corn, sugar beets, scoop gems, potatoes, 3 undifferentiated groups, and onions. An example of a suitable cropping system is 3 A soil complex consists of areas of two or more soils to 4 years of alfalfa followed by corn, corn for silage, sugar beets, small grain, that are so intricately mixed or so small in size that they orle beans. The high clay content cannot be shown separately on the soil map. Each area in- and the rapidly permeable substratum slightly restrict eludes some of each of the two or more dominant soils, some crops. and the pattern and proportion are somewhat similar in All methods of irrigation are suitable, but furrow ir- all areas. Midway-Shingle complex, 5 to 20 percent slopes, rogation is the most common (fig. 4). Proper irrigation is an example. water management is -essential. Barnyard manure and An undifferentiated group is made up of two or more commercial fertilizer are needed for top yields. soils that could be mapped individually but are mapped as Windbreaks and environmental plantings of trees and one unit because there is little value in separating them. shrubs commonly grown in the area are generally well The pattern and proportion of the soils are not uniform, suited to this soil. Cultivation to control competing An area shown on the map has at least one of the domi- vegetation should be continued for as many years as nant (named) soils or may have all of them. Loup-Boel possible following planting. Trees that are best suited and loamy sands, 0 to 3 percent slopes, is an undifferentiated have good survival are Rocky Mountain juniper, eastern redcedar, ponderosa pine, Siberian elm, Russian-olive, and group in this survey area. -soils hackberry. The shrubs best suited are skunkbush sumac, Most map units include small, scattered areas of other than those that appear in the name of the map unit. lilac, Siberian peashrub, and American plum. Some of these soils have properties that differ substan- This soil can produce habitat elements that are highly tially from those of the dominant soil or soils and thus suitable for openland wildlife, including pheasant, cotton- could significantly affect use and management of the map tail, and mourning dove. Such crops as wheat, corn, and unit. These soils are described in the description of each alfalfa provide suitable habitat for openland wildlife, map unit. Some of the more unusual or strongly contrast- especially .pheasant. Tree and shrub plantings and ing bog o soils the at map are included are identified by a special sym- undisturbed nesting rover would enhance openland wil- Moet mapped dlife populations. areas include places that have little or no This Altvan soil has fair to good potential for urban soil material and support little or no vegetation. Such and recreational development. The chief limiting soil fea- places are called miscellaneous areas; they are delineated tures for urban development are the shrink-swell poten- on the soil map and given descriptive names. Rock out- tial of the subsoil as it wets and dries and the rapid crop is an example. Some of these areas are too small to permeability of the sand and gravel substratum. Septic be delineated and are identified by a special symbol on tank absorption fields function properly, but in places the he soil map. substratum does not contain enough fines to properly -8805u 44 SOIL SURVEY to allow moisture accumulation. Generally precipitation is permeability is rapid. Available water capacity is IOU too low to make beneficial use of fertilizer. The effective rooting depth is 60 inches or more. Surf: Stubble mulch farming, striperopping, and minimum til- runoff is medium, and the erosion hazard is moderate. lage are needed to control soil blowing and water erosion. The potential native vegetation is dominated by litU Terracing also may be needed to control water erosion. bluestem, sideoats grams, sand reedgrass, blue gram: "The potential native vegetation is dominated by hairy grama, switchgrass, and needleandthread. Potential western wheatgrass and blue grams. Buffalograss is also production ranges from 700 pounds per acre in favorabi present. Potential production ranges from 1,000 pounds years to 200 pounds in unfavorable years. As range coed' per acre in favorable years to 600 pounds in unfavorable tion deteriorates, the tall and mid grasses decrease, blu years. As range condition deteriorates, a blue grama-buf- grama and hairy grama increase, and forage production -falograss sod forms. Undesirable weeds and annuals in- drops. vade the site as range condition becomes poorer. Management of vegetation should be based on taklik Management of vegetation on this soil should be based half or less of the total annual production. Deferred gran on taking half and leaving half of the total annual product ing is practical in improving range condition. Seeding an, tion. Range pitting can reduce runoff. Seeding is desirable mechanical treatment are impractical. if the range is in poor condition. Western wheatgrass, Windbreaks and environmental plantings generally ar blue grams, sideoats grams, buffalograes, pubescent not suited to these soils. Onsite investigation is needed ti wheatgrass, and crested wheatgrass are suitable for seed- determine if plantings are feasible. ing. The grass selected should meet the seasonal require- Wildlife populations are limited because the necessar-menu of livestock. It can be seeded into a clean, firm habitat elements are lacking. Because most of the-acreag' sorghum stubble, or it can be drilled into a fian prepared is rangeland, only rangeland wildlife, for example scaler proven most success- quail and antelope, are typical. Extreme care is needed ir seedbed. Seeding early in spring has se- ra managing livestock grazing in order to provide suitabir Windbreaks and environmental plantings of trees and habitat on these soils. shrubs commonly grown in the area are generally well Potential is poor for urban and recreational develop ment. The chief limiting soil features are the loose, coarer suited to this soil. Cultivation to control competing ars as textured soil, steep slopes, and rapid permeability. Caps vegetation should be continued for as many ye possible following planting. Trees that are best suited and bility subclass VIIe irrigated, Vlfa nonirrigated; Grave, have good survival are Rocky Mountain juniper, eastern Breaks range site. redcedar, ponderosa pine, Siberian elm, Russian-olive, and 69—Valent sand, 0 to 3 percent slopes. This is a deep hackberry. The shrubs best suited are skunkbush sumac, excessively drained soil on plains at elevations of 4,660 t 5,100 feet. It formed in enlist] deposits. Included it lilac, Siberian peashrub, and American plum. • Wildlife is an important secondary use of this soil. The mapping are email areas of soils that have lime within cropland areas provide favorable habitat for ring-necked depth of 40 inches. pheasant and mourning dove. Many nongame species can Typically the surface layer is brown sand about r be attracted by establishing areas for nesting and escape inches thick The underlying material to a depth of 6r inches is brown cover. For pheasants, undisturbed nesting cover is essen- d. tial and should be included in plans for habitat develop- Permeability h is rapid. Available water capacity i ment, especially in areas of intensive agriculture. Range- moderate. The effective offi rooting depth is 60 inches or land wildlife, for example, the pronghorn antelope, can more. Surface runoff is slow, and the erosion hazard it attracted by developing livestock watering acilities,s, low. managing livestock This i soil s a suited to c se limited cropping. ivr grazing,and reseeding where needed. cropping is hazardous because of erosion. The croppinp This soil has poor potential for urban and recreational system should be limited to such close grown crops as al develop ment. Slow permeability and high shrink swell falfa, wheat, and barley. The soil also is suited to ir cause problems in dwelling and road construction. Caps- rigated pasture. A suitable cropping system is 3 to 4 bility subclass IIIe irrigated, IVe nonirrigated; Clayey years of alfalfa followed by 2 years of corn and emal' Plains range site. grain and alfalfa seeded with a nurse crop. 68—Ustic Torriorthents, moderately steep. These are Closely spaced contour ditches or sprinkers can be used deep, excessively drained soils on terrace breaks and in irrigating close grown crops. Contour furrows or eprin escarpments at elevations of 4,450 to 5,100 feet. They klers should be used for new crops. Applications of bar formed in gravelly alluvium and have slopes of 9 to 25 nyard manure and commercial fertilizer help to maintair percent. Included in mapping are small areas of soils that good production. have pockets of sandy loam and loam in the underlying The potential vegetation is dominated by sand material. bluestem, sand reedgrass, switchgrass, sideoats grams Typically the surface layer is pale brown gravelly sand needleandthread, little bluestem, and blue grams. Poten about 10 inches thick. The underlying material tors depth tial production ranges from 2,500 pounds per acre it of 60 inches is pale brown gravelly sand. favorable years to 1,800 pounds in unfavorable years. AF ii 880511 32 SOIL SURVEY are Rocky Mountain juniper, eastern redeedar, ponderosa ble years to 1,800 pounds in unfavorable years. As rang. pine, Siberian elm, Russian-olive, and hackberry. The -condition deteriorates, the sand bluestem, sand reedgrass shrubs best suited are skunkbush sumac, lilac, and Siberi- and switchgrass decrease and blue grams, sand dropseed. an peashrub. and sand sage Wildlife it, an important secondary increase. Annual weeds and poorer._grasses invade cropland areas provide favorable itat for firing-neckkeedd thMs sitent range condition vegetation on this mes should be based pheasant and mourning dove. Many nongame species can on taking half and leaving half of the total annual product be attracted by establishing areas for nesting and escape tion. Seeding is desirable if the range is in poor condition cover. For pheasants, undisturbed nesting cover is omen- Sand bluestem, sand reedgrass, switchgrass, sideoat• tial and should be included in plans for habitat develop- grama, blue grams, and pubescent wheatgrass are suits- -ment,especially in areas of intensive agriculture. ble for seeding. The Rapid expansion of Greeley and the surrounding arearequirementsgrass v livestock. It can be should meet d into o has resulted in urbanization of much of this Olney soil, seasonal firhum stubble,orkitIcan be drilledeinto This soil has good potential for urban and recreational firm re development. The only limiting feature is the moderately proven most p pared seedbed. Seeding early in spring has rapid permeability in the substratum, which causes a Windbreaks and environmental plantings are generally hazard of ground water contamination from sewage suited to this soil. Soil blowing, the principal hazard in lagoons. Lawns, shrubs, and trees grow well. Capability establishing trees and shrubs, can be controlled by cul- class I irrigated. tivating only in the tree row and by leaving a strip of 47—Olney fine sandy loam, 1 to 3 percent slopes. vegetation between the rows. Supplemental irrigation This is a deep, well drained soil on plains at elevations of may be needed at the time of planting and during dry 4,600 to 5,200 feet. It formed in mixed outwash deposits. periods. Trees that are best suited and have good survival included in mapping are small areas of soils that have a are Rocky Mountain juniper, eastern redeedar, ponderosa dark surface layer. Some small leveled areas are also in- pine, Siberian elm, Russian-olive, and hackberry. The eluded. shrubs best suited are skunkbush sumac, lilac, and Siberi- Typically the surface layer of this Olney soil is grayish an peashrub. brown fine sandy loam about 10 inches thick. The subsoil Wildlife is an important secondary use of this soil. The is yellowish brown and very pale brown sandy clay loam cropland areas provide favorable habitat for ring-necket about 14 inches thick. The substratum to a depth of 60 pheasant and mourning dove. Many nongame species can inches is very pale brown, calcareous fine sandy loam, be attracted by establishing areas for nesting and escape Permeability and available water capacity are cover. For pheasants, undisturbed nesting cover is essen- moderate. The effective rooting depth is 60 inches or tial and should be included in plans for habitat develop- more. Surface runoff is medium, and the erosion hazard is ment, especially in areas of intensive agriculture. Range- low. • land wildlife, for example, the pronghorn antelope, can be In irrigated areas this soil is suited to all crops corn- attracted by developing livestock watering facilities, monly grown in the area, including corn, sugar beets, managing livestock grazing, and reseeding where needed. beans, alfalfa, small grain, potatoes, and onions. An exam- Rapid expansion of Greeley and the surrounding area pie of a suitable cropping system is 8 to 4 years of alfalfa has resulted in urbanization of much of the Olney soil. followed by corn, corn for silage, sugar beets, small grain, This soil has or beans. Land leveling, ditch lining, and installing development. The g only limiting fetential for at re is the moderateban and l.i pipelines may be needed for proper water application. All rapid permeability in the substratum, which causes methods of irrigation are suitable, but furrow irrigation is hazard of ground water contamination from sews, the most common. Barnyard manure and commercial fer- lagoons. Lawns, shrubs, and trees grow well. Capability tilizer are needed for top yields, subclass Ile irrigated, IVe nonirrigated; Sandy Plaint, In nonirrigated areas this soil is suited to winter wheat, range site. barley, and sorghum. Most of the acreage is planted to 48—Olney fine sandy loam, 3 to 5 percent slopes. winter wheat. The predicted average yield is 28 bushels This is a deep, well drained soil on plains at elevations of per acre. The soil is summer (allowed in alternate years 4,600 to 5,200 feet. It formed in mixed outwash deposits. to allow moisture accumulation. Generally precipitation is Included in mapping are small areas of soils that have a too low for beneficial use of fertilizer. dark surface layer and small areas of soils that have Stubble mulch farming, striperopping, and minimum til- sandstone and shale within a depth of 60 inches. lage are needed to control soil blowing and water erosion. Typically the surface layer of this Olney soil is grayish Terracing also may be needed to control water erosion. brown fine sandy clay loam about 8 inches thick. The sub- The potential native vegetation on this range site is soil is yellowish brown and very pale brown tine sandy dominated by sand bluestem, sand reedgrass, and blue loam about 12 inches thick. The substratum to a depth of grams. Needleandthread, switchgrass, sideoats•grams, 60 inches is very pale brown, calcareous fine sandy loam. and western wheatgrass are also prominent. Potential Permeability and available water capacity are production ranges from 2,200 pounds per acre in favors- moderate. The effective rooting depth is 60 inches or iii 880511 8 SOIL SURVEY filter the leachate. Sewage lagoons require sealing. 60 percent of the unit. Aquents, which have a lighter Lawns,shrubs, and trees grow well. Capability subclass colored surface layer, make up about 35 percent. About 5 Its irrigated. percent is Aquepts and Bankard sandy loam. 2—Altvan loam, 1 to 3 percent slopes. This is a deep, These are deep, poorly drained soils that formed in well drained soil on terraces at elevations of 4,500 to 4,900 recent alluvium. No one pedon is typical. Commonly the feet. It formed in old alluvium deposited by the major soils have a mottled, mildly alkaline to moderately al- rivers. Included in mapping are-small areas of soils that -kaline loamy or clayey surface layer and underlying show evidence of poor drainage. Also included are small, material and are underlain by sand or sand and gravel long and narrow areas of sand and gravel deposits. within 48 inches. In places they have a gleyed layer in the 'typically the surface layer of this Altvan soil is grayish underlying material. brown loam about 10 inches thick. The subsoil is brown Most of the acreage is subject to flooding. The water and light yellowish brown clay loam and sandy'clay loam table is at or near the surface early in spring and recedes about 14 inches thick. The substratum is calcareous loamy to as deep as 48 inches late in fall in some years. sand about 5 inches thick over gravelly sand. Permeability and available water capacity are These soils are used for rangeland and wildlife habitat. moderate. The effective rooting depth is 20 to 40 inches. and me eam areasa have been reclaimed irrigated byro major drainage Surface runoff is medium, and the erosion hazard is low. leveling and naative usedvegetation for is omina This soil is used almost entirely for irrigated crops. It The potential ga a is dominated byal alkali is suited to all crops commonly grown in the area, includ- ge, s switchgrass,, and western war also Saltgrass, ing corn, sugar beets, beans, alfalfa, smallsedge, rush, and alkali bluegrass are also prominent. and onions. An example of a suitable cropping to system is potatoes, Potential production ranges from 3,000 pp g ypounds per acre in to 4 years of alfalfa followed by corn, corn for silage, favorable years to 2,000 pounds in unfavorable years. As sugar beets, small grain, or beans. Land leveling, ditch range condition deteriorates, the switchgrass, alkali lining, and installing pipelines may be needed for proper sacaton, and western wheatgrass decrease and saltgrass, water application. sedge, and rush increase. All methods of irrigation are suitable, but furrow ir- Management of vegetation should be based on taking rigation is the most common. Barnyard manure and com- half and leaving half of the total annual production. Seed- mercial fertilizer are needed for top yields. ing is difficult and costly because numerous tillage prac- Windbreaks and environmental plantins of trees and trees are required to eliminate the saltgrass sod. Switchgrass, western wheatgrass, alkali sacaton, tall shrubs commonly grown in the area are generally well wheatgrass, and tall fescue are suitable for seeding. They suited to this soil. Cultivation to control competing vegetation should be continued for as many years as can be seeded into a clean, firm seedbed. Seedbed possible following planting. Trees that are best suited and preparation usually requires more than 1 year to eliminate the saltgrass sod. A grass drill should be used. have good survival are Rocky Mountain juniper, eastern redcedar, ponderosa pine, Siberian elm, Russian-olive, and Seeding early in spring has proven most successful. hackberry. The shrubs best suited are skunkbush sumac, Wetland wildlife, especially waterfowl, utilize this unit. lilac, Siberian peashrub, and American plum. The wetland plants provide nesting and protective cover, This soil can produce habitat elements that are highly as well as some food. The nearby irrigated cropland, suitable for openland wildlife including pheasant, cotton- where wildlife obtain much of their food and find protec- tail, and mourning dove. Such crops as wheat, corn, and tive cover, makes this unit valuable to both wetland and alfalfa provide suitable habitat for openland wildlife, openland wildlife. especially pheasant. Tree and shrub plantings and Openland wildlife, especially pheasant, use this unit Atli undisturbed nesting cover would enhance openland wil- cover and nesting. Deer find excellent cover in some dlife populations. areas. This Altvan soil has fair to good potential for urban These valuable wildlife areas should be protected from and recreational development. The chief limiting soil fea- fire and fenced to prevent encroachment and overuse by tures for urban development are the shrink-swell poten- livestock. They should not be drained. tial of the subsoil as it wets and dries and the rapid These soils have good potential as a source of sand and permeability of the sand and gravel substratum. Septic gravel. Capability subclass VIw; Salt Meadow range site. tank absorption fields function properly, but in places the 4—Aquolls and Aquepts, flooded. This nearly level substratum does not contain enough fines to properly map unit is in depressions in smooth plains and along the filter the leachate. Sewage lagoons require sealing. bottoms of natural drainageways throughout the survey Lawns, shrubs, and trees grow well. Capability subclass area. Aquolls, which have a dark colored surface layer, Ifs irrigated. make up about 55 percent of the unit. Aquepts, which 3—Aquolls and Aquents, gravelly substratum. This have a lighter colored surface layer, make up about n nearly level map unit is on bottom lands and flood plains percent. About 20 percent is soils that are well drain of all the major streams in the survey area. Aquolls, and soils that have sandstone or shale within 48 inches 0 which have a dark colored surface layer, make up about the surface. • iv • 880311 ensures the safety of people using 24th Street and 11.S. 34 Business on their way to and from Greeley, and provides for consistent expectation of what to find at sites on the part of services such as emergency response and joint lam enforcement. These standards should include: --A 300' setback from public right of-way for oil and gas wells and production facilities. --Fencing, no-trespassing zones and watchman requirements as required in the municipal code. --Compliance with Greeley ₹'ire Code Section 79.1113 . --Provision of an all-weather access road surface. The long-term development of this area as stated by the Mid-Range Expected Service Area and the Long-Range Expected Growth Area is not affected by this proposed land use due to its stated operational life. Both of the development guidance areas and the 10-15 year life of the well suggest that these wells will be abandoned before development in the area occurs. ADMINISTRATIVE REVIEW COMMENTS: The Administrative Review Team agreed that the standards recommended for inclusion are appropriate and that other standards normally required by city ordinance are not necessary due to compliance with Oil and Gas Conservation Commission requirements. NEIGHBORHOOD MEETING REQUIREMENTS: N/A • -PLANNING COMMISSION ACTION REQUESTED: Recommend no objection to this Weld County Referral as proposed only with the following conditions: --A .300'-setback-from-publ-ie-might-of-way-'foz""oi2" nda-gas wells and.production -facilities. ., --Fencing, notresp-assing_ zones-and=watchman requirements ks-requuired,in _the.municipal---code. --C liance with_G_reeley.,,Fire=Gode=Section .9 Illme3 . --Provision-of an=all=weather-access roams surface. -880511 S DEPARTN. JT OF PLANNING SERVICES PHONE(303)366-4000FXT.4400 915 10th STREET ' GREELEY,COLORADO 80631 UDc CASE NUMBER USR-832 COLORADO May 10, 1988 TO WHOM IT MAY CONCERN: Enclosed is an application from The Robert W. Gerrity Company for a Site Specific Development Tlan and a Special Review permit for Oil and Gas Production Facilities in the R-1 (Residential) zone district. The parcel of land is described as the Si NE} of Section 15, T5N, R65W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 1 mile east of the City of Greeley. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. Please reply by May 24, 1988, so that we may give full consideration to your recommendation. Please call Lanell J. Swanson, Current Planner, if you have any questions about this referral. Thank you for your help and cooperation in this matter. Check the appropr ate boxes below and return to our address listed above. 1 . / We have reviewed this request and find that the request (1doe oes not) comply with our Comprehensive Plan for the following reasons.fnu"r! shWW c1Jant y W/ Act .9P.ticAna-- Si'trtr .e[cV(.4 no C1-J .4NO CoAiS/17CK ZMJw a 0•Ah+ILB.rAc. /M/Mc rh%e- r.7 r'M7ri..,,rr 7'V sC. At nr'rt-' mvec We do not have a Comprehensive Plan, but we feel this request V - . J (is/is not) compatible with the interests of our o i ,'] town for the following reasons: s < .SZ1 &.3.. X13. We have reviewed the proposal and find no conflicts with our E / co ZI interests. co 4'2-I4. A formal recommendation is under consideration and will be �� submitted to you prior to: 5. Please refer to the enclosed letter. � Si ) ne g6tbk Agency: C/i% 4'/- L-1.).-44..s Date: S 727lEA ,\ 880511 (if ` P ` olinnDLIM wok Weld County PlanningMay 31, 1988 To Cate COLORADO From Name: Gerrity Health Protection Services Case Number: USR-832 ty — — subject. Company Health Protection Services has reviewed this proposal and recommends for approval, subject to the following conditions: 1. Waste oil, production water, and other associated liquid and solid wastes, shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. No permanent disposal of wastes shall be permitted at this site. 3. A spillage retention berm shall be required around the tank battery. The volume retained by the spillage berm should be greater than the volume of the largest tank inside the berm. WP/bks '11e ,: 1 'ri \\\if Rfw J L 1988 -380511 � flfDU 4,0A, WIIDc. ro Lanell Swanson Planning_Department Ma 1988 Date . COLORADO From Drew L. Scheltinga, County Engineer Subject Robert W. Gerrity Company, USR-832 The Engineering Department has reviewed the application materials and made a -field investigation of the site. We have the following recommendations: 1. She proposed tank battery detail should be clarified to illustrate no activity, including truck parking, should take place within the required setback. 2. Haul routes should be established from the proposed sites on Fern Avenue and 24th Street directly to U. S. Highway 34. There should be no hauling north of the site on Fern Avenue or west of the site on 24th Street. 3. The applicant should be required to enter into a road improvements and maintenance agreement similar to the one recently executed by H&C Colton. A copy of that agreement is attached. DLS/rs:mrwg xc: Planning Referral File - Robert W. Gerrity Co. USR-832 880511 COUNTY OF WELD, STATE OF COLORADO ROAD IMPROVEMENTS AND MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this of 1988, by and between the COUNTY OF WELD, STATE OF COLORADO, hereinafter called "County" and H&C Colton Company and Sunshine Valley Petroleum Corporation, hereinafter called "H&C Colton". WHEREAS, H&C Colton has applied for an amendment of special review permit for oil and gas production facilities in the south half of the southwest quarter and the southeast quarter, Section 34, Township 5 North and the northwest quarter of Section 3, Township 4 North, both in Range 66 West of 6th Principal Meridian, Weld County, Colorado, and WHEREAS, the Board of Weld County Commissioners granted said application on December 16, 1987, and WHEREAS, the developement of oil and gas production facilities allowed by said permit will generate increased heavy truck traffic, and WHEREAS, damage to Weld County Roads may occur due to said increased traffic. NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth, the County and H&C Colton mutually agree as follows: 1. The route to haul heavy production equipment, tank trucks, and heavy truck traffic shall exclude those portions of Weld County Road 396 within Sections 34 and 35, Township 4 North, Range 66 West of 6th Principal Meridian, Weld County, Colorado. 2. If damage occurs to Weld County Roads in the area described in the amendment to USR-533 as being the south half of the southwest quarter and southeast quarter, Section 34, Township 5 North and the northwest quarter of Section 3, Township 4 North, both in Range 66 West of the 6th Principal Meridian, Weld County, Colorado, as a result of developing oil and gas production facilities, H&C Colton will repair said damage. 3. Repair shall include, but not be limited to, blading and the placement of gravel. 4. The development of oil and gas production facilities shall run from the time heavy equipment is mobilized to drill a well through such time as final production facilities, such as pumps and tank batteries, are completed. 880511 Page 2 IN WITNESS WHEREOF, the parties have duly executed the agreement the day and year first-above written. H&C COLTON COMPANY BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO -BY: TITLE: BY: Gene Brantner Chairman SUNSHINE VALLEY PETROLEUM CORP. ATTEST: BY: Weld County Clerk & Recorder TITLE: and Clerk to the Board BY: :arim 880511 313. OGCC Form 13. RESERVOIR PRESSURE TEST REPORT The Commission may,at its discretion, require subsurface-pressure measurements.Whenever such measurements are made, results shall be reported on Form 13,within twenty(20) days after comple- tion of tests, or submitted on any company form approved by the Director containing the-same information. 314A. OGCC Form14k MONTHLY RE-PORT OF FLUIDS INJECTED Except for fluids involved with fracturing,acidizing or other similar treatment elsewhererequired to be reported on Form 4, all operators engaged in the injection of fluids into any formation shall file monthly with the Commission-a detailed account of such operation on Form 14A, orany company form containing the same information previously approved by theDirector. Types ofchemicals used to treat injection water,as well as the date of initial fluid injection for new injection-wells,are to be reported on said form under"Remarks." The type and amount of fluids received from transporters shall be included on the report. Operators of gas storage projects shall, by March 1 of each year, report to the Director the amount of gas injected and withdrawn for the previous year and the amount of gas remaining in the reservoir as of December 31st of that year. 3148. OGCC Form 148. MECHANICAL INTEGRITY TEST Results of mechanical integrity tests of injection wells must be submitted within thirty (30) days after the test and shall be complete and accurate. 315. OGCC FORM 15. APPLICATIONS FOR PERMITS TO STORE AND DISPOSE OF WATER PRO- DUCED IN OIL AND GAS OPERATIONS AND OTHER OIL FIELD WASTES IN EARTHEN PITS. Any person intending to construct a pit, receptacle or other surface facility for the storage and dis- posal of water produced in oil and gas operations or other oil field waste, on the lease or at the field location where such water was produced or waste generated,who is an oil or gas operator producing such water or waste,shall first make application for and receive a permit from the Commission to con- struct such pit,receptacle or other facility unless such facility receives less than five(5) barrels of fluid per day. If such application Is for a facility involving more than one operator, a copy of the field operators agreement shall accompany the application. Notice of pits exempted under Rule 325 may be submitted on Form 15; however, approval shall not be required. Application for such permit shall be filed with the Director and contain all information as required in Rule 325. 316. OGCC Form 16. REPORTS OF TRANSPORTATION OF WATER PRODUCED IN OIL AND GAS J OPERATIONS OR OTHER OIL FIELD WASTE OFF OF THE LEASE WHERE PRODUCED OR GENERATED. All oil and gas operators, or transporters handling water produced with oil and gas operations or other oil field waste, including mud, which is transported off of the lease where produced or generated shall make monthly reports to the Commission on Form 16. Such form shall contain all of the information required thereon and shall be filed with the Commission on or before the twenty- fifth (25th) day of each month covering the preceding month. Information required may be submit- ted on Form 7 by an oil and gas operator with the name of the transporter and central or commercial icnnc.Lfzriity inrtiratori cL remar •gldk 317. GENERAL DRILLING rerIlliamola lilt Unless altered, modified or changed, for a particular pool or pools, upon hearing before the Com- mission the following shall apply to the drilling of all wells. a.When drilling a wildcat well or in any field where high pressures are likely to exist,the owner shall take all necessary precautions for keeping the well under control at all times,and shall provide at the time the well is started, proper high pressure fittings and equipment; under such conditions the con- ductor string of casing must be cemented throughout its length, unless another procedure is authorized or prescribed by the Director, and all strings of casing must be securely anchored. b. In all proven areas, the use of blow-out prevention equipment shall be in accordance with the established practice in the area. c. In unproven areas, all drilling wells (wildcat wells) shall be equipped with a master-gate or its equivalent, an adequate blow-out preventer, together with choke and kill line or lines of he proper size and working pressure. The entire control equipment shall be maintained in good working condi- tion at all times. d. Unless authorized by the provisions of Rule 321,all wells shall be so drilled that the horizontal distance between the bottom of the hole and the location at the top of the hole shall be at all times a practical minimum. e. The operator or drilling contractor shall give notice to the surface tenant not more than six (6) weeks nor less than five (5) days before commencing earthwork for drilling operations. _ Before commencing to drill, proper and adequate slush pits shall be constructed for the reception and confinement of mud and cuttings and to facilitate the drilling operation.Special precautions shall be taken to prevent contamination or pollution of state waters. 11 880511 • f. Casing program adopted for each well-must be soplanned as to protect any potential oil or gas bearing-horizons penetrated during drilling from,infiltration of injurious waters from other sources, and to prevent the migration of oil or gas from one horizon to another. g. In areas where pressure and formations are unknown, sufficient surface casing shall be run to reach a depth below all known or reasonably estimated utilizable domestic fresh water levels and to prevent blowouts or uncontrolled flows and shall be of sufficient size to permit the use of an inter- mediate string or strings of casings.Surface casing shall be set in or through an impervious formation and shall be cemented by pump and plug or displacement or other approved method with sufficient cement to fill the annulus to the top of the hole, all in accordance with reasonable requirements of the Director. (See also Section i.). h. In wells drilled in areas where subsurface conditions have been established by drilling experience,surface casing,size at the owner's option,shall be set and cemented to the surface by the pump and plug or displacement or other approved method at a depth sufficient to protect all fresh water and to insure against blowouts or uncontrolled flows. (See also Section i.). i. In areas where fresh water aquifers are of such depth as to make it impractical or uneconomical to set the full amount of surface casing necessary to comply fully with the requirement to cover or isolate all freshwater strata as required in (g) and (h), the owner may, at it's option, comply with this require- ment by stage cementing the production string so as to accomplish the required result. If unan- ticipated fresh water aquifers are encountered after setting the surface pipe they shall be protected or isolated by stage cementing the production string with a solid cement plug extending from 50 feet below each fresh water aquifer to 50 feet above said fresh water aquifer or by other methods approved by the Director in each case. If no production string is set and there are fresh water aquifers below the surface pipe then a solid cement plug shall be extended from 50 feet below the bottom of each fresh water aquifer to 50 feet above said fresh water aquifer or in such a manner as to confine the fluids in the formation in which they were encountered and shall be placed when plugging or abandoning the well;any other rules to the contrary notwithstanding, j. If,and when a production string is run,such production string shall be cemented by the pump and plug method with sufficient cement to shut-off and exclude all alien waters from oil and/or gas bear- ing stratum penetrated. Cement must be placed a minimum of 200 feet above the top of the anticipated production stratum. The string shall be properly tested by the pressure method before -plugs are drilled or the stratum perforated. lc All cemented casing strings shall stand under pressure until the cement under good oil field prac- tices should have reached a compressive strength of 500 pounds per square inch, provided,however, that no tests shall be commenced until the cement has been in place for at least eight (8) hours. The term"under pressure" as used herein will be complied with if one float valve is used or if pressure is otherwise held. I. In the event drilling operations are suspended before production string is run, the Commission shall be notified immediately and the owner shall take adequate and proper precautions to assure • that no alien water enters oil or gas strata, nor potential fresh water aquifers during such suspension period or periods. - If alien water is found to be entering the production stratum or strata during completion testing or after the well has been put on production, the condition shall be promptly remedied. m. Natural gas which may be encountered in a substantial quantity in any section of a cable tool drilled hole above the ultimate objective shall be shut off with reasonable diligence either by mudding or by casing, or other approved method, and confined to its original source.Any gas escaping from the well during drilling operations shall be, so far as practicable, conducted to a safe distance from the well site and burned. n. If a well is deepened for the purpose of producing oil and gas from a lower stratum,such deepen- ing to and completion in the lower stratum shall be conducted in such a manner as to protect all upper productive strata. o. Whenever applicable, and after proper notice and hearing, the Commission intends to issue field-wide or area-wide orders covering the general drilling rules,or without a hearing under authority granted to the Director. p. If the well is abandoned, the surface must be reclaimed, all pits filled and all debris removed. 318. LOCATION OF WELLS • All wells drilled for oil or gas to a common source of supply in excess of 2,500 feet in depth shall be located not less than 600 feet from any lease line,and shall be located not less than 1,200 feet from any other producible or drilling oil or gas well when drilling to the same common source of supply, unless authorized by order of the Commission upon hearing; provided and except that in drilling to a known common source of supply that is less than a depth of 2,500 feet below the surface, the well 12 680511 • 533. Non-Consenting Owner in Pooling With respect to applications for involuntary pooling filed pursuant to 34-60-116,C.R.S. the phrase "Nonconsentingowner who refuses to agree to bear his proportionate share of the costs and risks of drilling and operating the well" as used in subsection .(7) thereof shall have the following meaning: a.Such nonconsenting owner shall in all cases be an Interested Party. b.Such nonconsenting owner shall bean Interested Party who is an Owner in the area to be pooled and who,after at least thirty(30) days written notice of the following(unless a shorter or longer time is ordered in the discretion of the Commission), does not elect in writing to consent to participate in the cost of the well concerning which the pooling order is sought: (1) the location and objective depth of the well. (2) the estimated drilling and completion cost of the well. (3) the estimated spud date for the well or range of time within which spudding is to occur. I SAFETY REGULATIONS 601. INTRODUCTION The rules and regulations in this section are promulgated to protect the health, safety and welfare of the general public during the drilling, completion and operation of oil andgas wells and producing facilities. They do not apply to parties or requirements regulated under the Federal Occupational Safety and Health Act of 1970 (See Rule 212). 602. GENERAL - The training and action of employees, as well as proper location and opertion of equipment is an important part of any safety program. While this section is general in nature, it is considered a basic part of the foundation of any safety program. a. Employees shall be familiarized with these rules and regulations as provided herein as they relate to their function in their respective jobs. Each new employee should have his job outlined, explained and demonstrated. b. Unsafe and potentially dangerous conditions as defined by these rules, should be reported immediately by employees to the supervisor in charge and if the condition cannot be remedied as soon as practical, the company representative shall contact the Commission, as well as appropriate local authorities. Where unsafe or potentially dangerous conditions exist, the owner or operator shall respond as directed by an agency with demonstrated authority to do so (such as sheriff, fire district director, etc.). r. Vehicles of persons not involved in drilling, production, servicing, or seismic operations shall be located a minimum distance of one hundred (100) feet from the wellbore, or a distance equal to the height of the derrick or mast, whichever is greater. Equivalent safety measures shall be taken where terrain, location or other conditions do not permit this minimum distance requirements. d. Existing wells are exempt from the provisions of these regulations as they relate to the location of the well. e. Existing producing facilities shall be exempt from the provisions of these regulations with respect to minimum distance requirements and setbacks unless they are found by the Director to be unsafe. f.The Director shall have the authority to grant variances to these regulations after consultation and concurrence of local authorities. In the absence of concurrence, the Director shall bring the matter before the Commission at public hearing. 603. Drilling and Well Servicing Operations. a. (1) Wells shall be located a distance of 150 feet or one and one-half times the height of the derrick, whichever is greater, from any occupied building, public road, above ground utility line or railroad. b. Wells shall be a minimum distance of 150 feet from a surface property line. If it is not feasible for the operator to meet this spacing requirement, a waiver from the offset surface owner shall be obtained.Such waiver shall be written and filed in the appropriate office of record and with the Direc- tor. If it is not feasible for the operator to meet this-spacing requirement and the parties can not reach an agreement, the operator shall apply to the Director for relief from this requirement 880511 28 c. When drilling or well servicing operations are in progress ona well where there is any indication _the well will flow hydrocarbons,either through prior records or present conditions, there shall-be on the rig floor a safety valve with connections suitable for use with each sizeand type of tool joint or coupling being used on the job. d. Rig substructure, derrick, or mast shall be designed and operated to.prevent accumulation of ' static charge. e. Prior to initiating well servicing operations,the well shall be checked for pressure and steps taken to remove pressure or operate safely under pressure before commencing operations. f. (1) When there is any indication that a well will flow,either through prior records, present well conditions,or the planned well work,blowout prevention equipment shall be installed in accor- dance with Rule 317 or any special orders of the Commission. (2) Blowout prevention equipment when required by Rule 317 shall be in accordance with API RP 53: Recommended Practices for Blowout Prevention Equipment Systems, or amendments thereto. (3) While in service, blowout prevention equipment shall be inspected daily and a preventer operating test shall be performed on each round trip, but not more than once every 24-hour period. Notation of operating tests shall be made on the daily report (4) All pipe fittings, valves and unions placed on or connected with blowout prevention equipment, well casing, casinghead, drill pipe, or tubing shall have a working pressure rating suitable for the maximum anticipated surface pressure and shall be in good working condition as per generally accepted industry standards. (5) Blowout reventers shall contain e rams to choke line(s) and kill line(s) shall be anchored, tied oraotherw se secured ble closure on the pipe top whippingTg resulting from pressure surges. prevent (6) Pressure testing of each component of the blowout prevention equipment, If such equip- ment is required, shall be conducted prior to drilling out any string of casing except conductor pipe.Drilling operations shall not proceed until blowout prevention equipment is found, upon test, to be serviceable. (7) If the blind rams are closed for any purpose except operational testing, the valves on the choke lines or relief lines below the blind rams should be opened prior to opening the rams to bleed off any pressure. (8) All rig employees shall have adequate understanding of and be able to operate the J blowout preventer equipment system. New employees shall be trained in the operations of blowout preventer system as soon as practicable to do so. (9) Drilling contractors shall place a sign or marker at the point of intersection of the public road and rig access road. (10) The number of the public road to be used in accessing the rig along with all necessary emergency numbers shall be posted in a conspicuous place on the drilling rig. • 604. Production Facilities. a. Crude Oil Tanks (1) Atmospheric tanks used for crude oil storage shall be built in accordance with the follow- ing standards as applicable: (a) Underwriters Laboratories, Inc., No. UL-142,"Standard for Steel above ground Tanks for Flammable and Combustible Liquids," (b) American Petroleum Institute Standard No. 650, "Welded Steel Tanks for Oil Storage," (c) American Petroleum Institute Standard No. 12B, Bolted Tanks for Storage of Production Liquids," (d) American Petroleum Institute Standard No. 12D, "Field Welded Tanks for Storage of Production Liquids," or (e) American Petroleum Institute Standard No. 12F, "Shop Welded Tanks for Storage of Production Liquids." (2) Tanks shall be located at least 2 diameters or 350 feet whichever is smaller, from the boundary of the property on which it is built Where the property line is a public way the tanks shall be 2/3 of the diameter from the nearest side of the public way or easement (a) Tanks less than 3,000 barrels capacity shall be located at least 3 feet apart. (b) Tanks 3,000 or more barrels capacity shall be located at least 1/6 the sum of the diameters apart When the diameter of one tank is less than 1/2 the diameter of the adjacent tank, the tanks shall be located at least 1/2 the diameter of the smaller tank apart. (3) Tanks shall be a minimum of 200 feet from residences, normally occupied buildings, or well defined normally occupied outside areas. 29 880511 (4) Berms shall be constructed around tanks, in the absence of remote impounding both methods shall enclose an area with sufficient volume to contain the entire contents of the largest tank in the enclosure. Berms shall be inspected at regular intervals and maintained in good condition. When a berm is provided around tanks no potential ignition sources shall be installed inside that area. (-5) Tanks shall be_a minimum of 75 feet from a fired vessel or heater-treater. (6) Tanks shall be a minimum of 50 feet from a separator, well test unit or_other non- fired equipment (7) Tanks shall be a minimum of 75 .feet from a compressor with a rating of 200 horsepower, or more. (8) Tanks shall be a minimum of 75 feet from a wellhead. (9) Gauge hatches on atmospheric tanks used for crude oil storage shall be closed at all times when not in use. (10) Vent lines from individual tanks shall be joined and ultimate discharge shall be directed away from the loading racks and fired vessels in accord with API RP 12R-1. b. Fired Vessel, Heater-Treater (1) Fired vessels (FV) including heater-treaters (HT).shall be minimum of 50 feet from separators or well test units. (2) FV-HT shall be a minimum of 50 feet from a lease automatic custody transfer unit (LACT). (3) FV-HT shall be a minimum of 40 feet from a pump. (4) FV-HT shall be aminimum of 75 feet from a well. (5) FV-HT shall be a minimum of 200 feet from residences occupied buildings, or well defined normally.occupied outside areas. (6) Vents on pressure safety devices shall terminate in a manner so as not to endanger the public or adjoining facilities.They shall be designed so as to be clear and free of debris and water at all times. c. Special Equipment • Under unusual circumstances special equipment may be required to protect public safety. The Director shall determine if such equipment should be employed to protect public safety and if so, require the operator to employ same. If the operator or the affected party does not concur with the action taken, the Director shall bring the matter before the Commission at public hearing. (1) All wells located within 150 feet of a residence(s), normally occupied buildings, or well defined normally occupied outside area(s), shall be equipped with an automatic control valve that will shut the well in when a sudden change of Automatic control valves shall be designed so they fail safe pressure, either a rise or drop, occurs. (2) Pressure control valves required in (a) shall be activated by a secondary gas source supply, and shall be inspected at least every three (3) months to assure they are in good working order and the secondary gas supply has volume and pressure sufficient to activate the control valve. (3) All pumps, pits, and producing facilities shall be adequately fenced to prevent access by unauthorized persons when the producing site or equipment is easily accessible to the public and poses a physical or health hazard. (4) Sign(s) shall be posted at the boundary of the producing site where access exists, identify- ing the operator, lease name, location, and listing a phone number, including area code, where the operator may be reached at all times unless emergency numbers have been furnished to the county commission or it's designee. 605. Seismic Operations - - a.All explosives will be legally and safely stored and accounted for in magazines when not in use in -accord with the Alcohol, Tobacco and Firearms Division of the Federal Department of the Treasury. b. Blasting shall be kept a safe distance from an occupied building, well or spring, unless by special written permission of the surface owner or lessee, according to the following minimum distances: Up to 2 lbs. charge 2 to 5 lbs. chargs . 200 feet 5 to 10 lbs. charge 300 feet 10 to 20 lbs. charge 600 feet over 21 lbs. charge 1000 feet c. Unstable soils within road right-of-ways shall be avoided when in a saturated conditio20 feet n. d. All shot holes shall be preplugged or anchored to prevent public access if not immediately shot 30 880511 606. fire Prevention and Protection. a.Gasoline-fueled engines shall be shut down during fueling operations if the fuel tank is an integral part of the engine. b. Handling, connecting and transfer operations involving liquefied petroleum gas (LPG) shall con- -form to the requirements of the State Oil Inspector. c. Flammable liquids storage areas within any building or shed shall: (1) be adequately vented to the outside air; - (2) have two (2) unobstructed exits leading from the building in different directions if the building is in excess of 500 square feet (3) be maintained with due regard to fire potential with respect to housekeeping and materials storage; t (4) be identified as a hazard and appropriate warning signs posted; d. Flammable liquids shall not be stored within fifty(50) feet of the wellbore, except for the fuel in the tanks of operating equipment or supply for injection pumps. Where terrain and location con- figuration do not permit maintaining this distance, equivalent safety measures should be taken. e. Liquified petroleum gas (LPG) tanks larger than 250 gallons and used for heating purposes, shall be placed as far as practical from and parallel to the adjacent side of the rig or wellbore as terrain and location configuration permit lstallation shall be consistent with provisions of NFPA 58,"Standards for the Storage and Handling of Liquid Petroleum Cases". f._Smoking shall be prohibited at or in the vicinity of operations which constitute a fire hazard and such locations shall be conspicuously posted with a sign, "No Smoking or Open Flame". Matches and all smoking equipment may not be carried into "no smoking" areas. g. No source of ignition shall be permitted in an area where smoking has been prohibited unless it is first determined to be safe to do so by the supervisor in charge or his designated representative. h. Open fires, transformers, or other sources of ignition shall be permitted only in designated areas located at a safe distance from the wellhead or flammable liquid storage areas. i. Only approved heaters for Class I Division 2 areas,as designated by API RB 500B,shall be permit- ted on or near the rig floor. The safety features of these heaters shall not be altered. j. Combustible materials such as oily rags and waste shall be stored in covered metal containers. k. Material used for cleaning shall have a flash point of not less than 100oF. For limited special pur- poses,a lower flash point cleaner may be used when it is specifically required and should be handled with extreme care. I. Firefighting equipment shall not be tampered with and shall not be removed for other than fire protection and firefighting purposes and services. A firefighting water system may be used for wash down and other utility purposes so long as its firefighting capability is not compromised. After use, water systems must be properly drained or properly protected from freezing. m. An adequate amount of fire extinguishers and other firefighting equipment shall be suitably located, readily accessible, and plainly labeled as to their type and method of operation. n. fire protection equipment shall be periodically inspected and maintained in good operating condition at all times. o. Firefighting equipment shall be readily available near all welding operations. When welding, cut- ting or other hot work is performed in locations where other than a minor fire might develop,a person shall be designated as a fire watch. The area surrounding the work shall be inspected at least one (1) hour after the hot work is completed. p. Portable fire extinguishers shall be tagged showing the date of last inspection, maintenance or recharge. Inspection and maintenance procedures shall comply with the latest edition of the National Fire Protection Association's publication NFPA10. q. Personnel shall be familiarized with the location of fire control equipment such as drilling fluid guns, water hoses and fire extinguishers and trained in the use of such equipment. They shall also be familiar with the procedure for requesting emergency assistance as terrain and location configuration permit Installation shall be consistent with provisions of NFPA 58, "Standards for the 5t'brage and Handling of Liquified Petroleum Gases". S 880511 31 6/17/88 NOTICE MAILED FIRST CLASS TO: BOARD OF COUNTY COMMISSIONERS WELD COUNTY COLORADO I'. 0. BOX 758 GREELEY, COLORADO 80632 FLORENCE A. BURGER 1725 19TH AVENUE GREELEY, _CO 80631 880511 Hello