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Home My WebLink About850653.tiff RESOLUTION RE: APPROVAL OF USE BY SPECIAL REVIEW FOR OIL AND GAS PRODUCTION FACILITIES IN AN R-1 (RESIDENTIAL-ONE) ZONE DISTRICT - BASIN EXPLORATION, INC. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 11th day of September, 1985 , at the hour of 2 :00 p.m. in the Chambers of the Board for the purpose of hearing the application of Basin Exploration, Inc. , 155 East Boardwalk Drive, #300 , Fort Collins, Colorado 80525 for a Use by Special Review for oil and gas production facilities in an R-i (Residential-One) Zone District on the following described real estate, to-wit: Sh NEa, Section 16 , Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado WHEREAS, Section 24 .4 .2 of the Weld County Zoning Ordinance provides standards for review of said Use by Special Review, and WHEREAS , the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1 . The submitted materials are in compliance with 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. All mineral resources are fixed in location. The mineral extraction industry is, therefore, restricted in its operation to those areas where the resources lay. The subject site is zoned R-1 (Low Density Residential) , but the site is not platted for residential development and is currently used for agricultural production. The Comprehensive Plan policies encourage mineral extraction prior to residential development. Residential development on the subject site could reduce the feasibility of ever developing the 850653 PLoi 33 Page 2 RE: USR - BASIN EXPLORATION (65-5-16) minerals in question. Therefore, the proposal is consistent with the policies of the Weld County Comprehensive Plan. b. The proposal is allowed as a Use by Special Review in a Residential Zone District. c. The Greeley Planning Commission has recommended no objection to this proposal. Their concerns, however, are addressed in the Development Standards. d. The attached Development Standards will make the proposal compatible with existing and future development of the surrounding area as permitted by the existing zoning and with future development as projected by the comprehensive plan of the affected municipality. e. The use would be compatible with the existing surrounding land uses. Agricultural production uses exist north, east, south and west of the subject site. f. No overlay districts affect the site. g. Use by Special Review Development and Design Standards provide adequate protection of the health, safety and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Use by Special Review for oil and gas production facilities in an R-1 (Residential-One) Zone District on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1 . The attached Standards for Use by Special Review be adopted and placed on the Use by Special Review plat prior to recording. 2 . No building or electrical permits shall be issued for the Use by Special Review Permit area until the Standards for the Use by Special Review have been placed on the Use by Special Review plat and the plat has been delivered to the Department of Planning Services Office. Page 3 RE: USR - BASIN EXPLORATION (65-5-16) 3 . The applicant and/or operator shall be required to obtain all applicable building or electrical permits for USR-693 :85 : 37. 4 . The operator shall submit a copy of a policy of insurance in the amount of five hundred thousand dollars ($500 ,00 .00) insuring the applicant and the County against all claims or causes of action made against either or both the applicant and the County for damages to persons or property arising out of the drilling, maintenance, production or other work done with respect to such proposed oil and gas wells. Such policies shall be written by a company authorized to do business in the State of Colorado. Evidence of the insurance policy shall be filed with the Department of Planning Services. In case the insurance policy required shall lapse or become void for any reason whatsoever, the Use by Special Review Permit shall cease to exist until a new insurance policy is provided and filed with the Department of Planning Services. All well activity shall be shut down and all operations and production thereof shall be suspended and discontinued, consistent with safety considerations, until the operator provides evidence of insurance in the prescribed amount. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of September, A.D. , 1985 . ATTEST ectivt42tao:a BOARWELDD OF COUNTYi,NTY COLORADOSSIONERS Weld County Clerk and Recorder EXCUSED DATE OF SIGNING - AYE and Clerk to the Board Ja eline Johnson, Chairman thlt-11( Qi Gene R. Bran er, Pro-Tem D puty County Cl(2-"jjez-1/4-122) rk APPROVED AS TO FORM: C.W. Ki • / / G Lac C u y ttorn 4r ‘ Frank Yamaguc DEVELOPMENT STANDARDS Basin Exploration, Inc. USR-693 :85 :37 1 . The permitted use shall be oil and gas production facilities as described in the submitted application materials, and as located on the Use by Special Review plat. 2. Petroleum products and compressed flammable gases are hazardous substances per C.R.S. 29-22-107 (2) (a) . Prior to drilling the applicant shall provide a list of the maximum quantities of hazardous substances expected at the site and emergency phone numbers to the State Health Department, Division of Waste Management, the Weld County Emergency Response Coordinator, and the Western Hills Fire Protection District. Evidence of this listing and emergency phone numbers shall be provided to the Department of Planning Services prior to the issuance of building permits. 3. The drilling and production of any well shall comply with the Colorado Oil and Gas Conservation Commission regulations pertaining to oil and gas drilling rules. The applicant shall also comply with the City of Greeley' s oil and gas drilling requirements, with the exception of landscaping which shall be reviewed at such time a subdivision or planned unit development application is filled. 4 . The applicant shall comply with Western Hills Fire Protection District requirements. 5 . Prior to drilling, the operator shall provide the Western Hills Fire Protection District a list of four names , phone numbers, and addresses of responsible parties it can contact in case of an emergency. 6 . Prior to drilling, a metal sign shall be placed at the entrance to the well site indicating the name and telephone number of the person (s) to contact in the event of an emergency. 7 . Prior to and at the conclusion of any flaring, the Weld County Communications Center shall be notified. 8 . Prior to start up of the activity, the operator shall install a fifteen inch (15" ) by forty foot (40 ' ) CMP culvert at each point of ingress and egress to accommodate drainage. Page 2 DEVELOPMENT STANDARDS - BASIN EXPLORATION, INC. (65-5-16) 9 . All oil and gas production facilities shall be designed to meet the following standards: a. The tank battery cluster shall be bermed to contain the greatest amount of liquid that can be released from the largest tank, assuming a full tank. b. A six-foot chain link fence with a three-strand barbed wire top shall enclose the tank battery cluster and the well head. 10 . Brine water produced at the site during oil and gas production shall be disposed of by formation injection or disposal into a commercial brine disposal site. 11 . Drilling muds can be used as an agricultural enhancement. The drilling muds MUST be applied and disked into sandy soils with the landowner' s consent. 12 . Upon cessation of the proposed use, the oil and gas production facilities shall be removed and the land shall be reclaimed to its prior use. 13. The applicant shall comply with the design standards for the Use by Special Review, Section 24 .5 et seq. , of the Weld County Zoning Ordinance. 14 . The applicant shall comply with the Development Standards for Uses by Special Review, Section 24.6 et seq. , of the Weld County Zoning Ordinance. 15. Representatives or members of the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the site at any reasonable time in order to insure the operations carried out on the site comply with the Development Standards stated herein and all applicable Weld County Regulations. 16. The Use by Special Review area shall be limited to the plans shown herein and governed by the Standards as stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Standards as shown or stated above shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. Page 3 DEVELOPMENT STANDARDS - BASIN EXPLORATION, INC. (65-5-16) 17 . The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners. HEARING CERTIFICATION DOCKET NO. 85-63 RE: USE BY SPECIAL REVIEW FOR OIL AND GAS PRODUCTION FACILITIES IN AN R-1 (RESIDENTIAL-ONE) ZONE DISTRICT - BASIN EXPLORATION, INC. A public hearing was conducted on September 11, 1985, at 2:00 P.M. , with the following present: Commissioner Jacqueline Johnson, Chairman Commissioner Gene Brantner, Pro-Tem Commissioner C.W. Kirby Commissioner Gordon E. Lacy Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Mary Reiff Assistant County Attorney, Lee D. Morrison Planning Department representative, Gloria Dunn The following business was transacted: I hereby certify that pursuant to a notice dated August 21, 1985, and duly published August 29, 1985, in the Johnstown Breeze, a public hearing was conducted to consider the application of Basin Exploration, Inc. for a Use by Special Review for oil and gas production facilities in an R-1 (Residential-One) Zone District. This application concerns property described as the Si NEl, Section 16, Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado. Lee Morrison, Assistant County Attorney, made this matter of record. Gloria Dunn, Planning Department representative, read the favorable recommendation of the Planning Commission into the record and stated that 17 Development Standards have been proposed for this application. Commissioner Brantner asked questions about the berming and brine water disposal. Wes Potter, Health Department representative, stated that the berming required by the Development Standards was deemed to be sufficient. Les Kaplan, representing Basin Exploration, Inc. , stated that brine water will be trucked to a commercial disposal site. Don Brown, a resident of the neighborhood, asked what impact the proposal will have upon his domestic water supply and made further comments. Mr. Kaplan said that State drilling requirements provide protection of domestic water supplies. He stated that his company will be happy to give Mr. Brown's children a tour of the operation, which will be fenced after completion of drilling operations. (TAPE CHANGE #85-78) Commissioner Lacy moved to approve the Use by Special Review for Basin Exploration, Inc. , basing his motion upon the recommendations of the Planning Commission, and subject to the 17 Development Standards. Seconded by Commissioner Brantner, the motion carried unanimously. This Certification was approved on the 16th day of September, A.D. , 1985. APPROVED: i (IS BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED and Clerk to the Board Jac :line Johnson, Chairman BY: LA-) tot (A4 t9/6, De uty County Clerk Gene R. Brantner, Pro-Tem C.W. Kirby_ TAPE #85-77 & #85-78 r Lac j DOCKET U85-63LHR 2279 Frank Yamaguchi �% i PLoi33 ATTENDANCE RECORD TODAY ' S HEARINGS ARE AS FOLLOWS : DOCKET # 85-63 - USR-BASIN EXPLORATION, INC. (65-5-16) DOCKET # 85-64 - USR-BASIN EXPLORATION, INC. (66-5-34) DOCKET # 85-23 - REVIEW OF STIPULATION - MONSON BROTHERS COMPANY PLEASE write or print legibly your name, address and the DOC # (as listed above) or the applicants name of the hearing you are attending . NAME ADDRESS HEARING ATTENDING (�.S(�e�� eouny tleaJ � Z o 0301 frAi2LuAy [A 1 ` e-po bL roS l`9, n ��%� .:. -9G�`-/ems(�g i nl rL O,7) Cu.At e2 n X/tt.1/P tit k . /�edAmt %Pi , p C&N G'7�El17A --ra,t-�_ _IS ct i0liapr , (MIL if ,mil-ice:,, ,�/ e y, - �_�_t_t24-13- 11�Rca— c 13 rat, r- 4. 1 l/yc „L ��,esy aWiNakcj, 4,, ,zis./ ,6 t° GQd(..„ qy ,, .o-k J /50,.....-,-...e.z.._.4_--___ 7- ....,„,?..., ,,,r__ ...,-..,-",..._....,..„,.__„e-q...-.. - . r (4 /II\ 4411- 511(9,-v‘-0--Gt.-, ________ di ike_C., --A in rget-a-4 ;tea:' . & AA a nn cs,..2 A„..._.-ii 1 . 4_ NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the Use by Special Review are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a certified 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. 85-63 Basin Exploration, Inc. 155 East Boardwalk Drive, #300 Fort Collins, Colorado 80525 DATE: September 11, 1985 TIME: 2:00 P.M. REQUEST: Use by Special Review — Oil and gas production facilites in a R-1 (Residential—One) Zone District LEGAL DESCRIPTION: Si NE}, Section 16, Township 5 North, Range 65 West of the 6th P.M. , Weld County, Colorado BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy DATED: August 21, 1985 PUBLISHED: August 29, 1985, in the Johnstown Breeze -� X.7XilitSiT ,L/ Affidavit of Publication STATE OF COLORADO ss. County of Weld, I, Millette S. Clarkson of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY DAILY TRIBUNE, and THE GREELEY REPUBLICAN that the same is a daily newspaper of general circulation and printed and published in the City of ',4,.r Werra e^y - Greeley, in said county and state; that the notice or 440I 4+7404 waa advertisement, of which the annexed is a true copy, has 4aPBMe�Rarklaalageaeylaw111 been published in said daily newspaper for consecutive •ea �Ceaf alarelaaerserNwGwadr Floor,Greeley,Colorado,arms1r. s0r,91'SA Int ;Fist (days) XIM R that the notice was published in the manner Interested In the We by Special Review are requested to regular and entire issue of every number of said anan0 and may wlwarp. .Should aMftant or any Interested party the presence newspaper during the period and time of publication of of a certiaf'�i.e�edyd^c�ourt reporter to make a record of the prgceeoings,in t� to he B�d a can becontacted for a IL of ceri°a said notice, and in the newspaper proper and not in a court reporters in the eras.If a court reporter Is obtained,the Clerk supplement thereof; that the first publication of said to the Board's Office shall be ayvised In writing of such action at lent five da prior to the heath' . The cost of engaging a court ironer co notice was contained in the issue of said newspaper rfocar ItMll'Mti'YMflS♦♦tetp and'mal�e,o certl(ied bythe bearing date motto , PraMi4C'admmissist,may be`axamined in the actin bf Se Clerk tothe Board of County Commissioners,located In the Weld County Centennial center, 915 10th Street, Third Floor, Greeley, Colasdo DOCKET NC,u l3 - Twenty—eighth APPLICANT 155 East Boardwalk Exploration; e,No Inc.0 day of August A.D. 19 85 Fort Collins,Colorado 50545 and the last publication thereof; in the issue of said DATE:September II,1985 7IME:4:00 P.M., newspaper bearing date the REOUEST: Use'by Special Review— Oil and gas production. fdb litlea In the R-i(LOW Density Residential)Zone LEGAL DESCRIPTION: Soh NEV.,Section 16,Township 5 North, Raitde 65 West of the 6th P.M.,Weld County,Colorado Twenty—eighth ,. BOARD O1rCOUNTY COMMISSIONERS WELD COUNTY,COLORADO day of August A.D. 19 85' BY:MARY ANN FEUERSTEIN COUNTY CLERK AND ,CO E that said The Greeley Daily Tribune and The Greeley ..1 n ,19 ,anti» r '1. x' t J' , Republican, has been published continuously and . :e+, t I uninterruptedly during the period of at least six months next prior to the first issue thereof contained said notice or advertisement above referred to; that said 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. August 28,1985 Total Charge: $25.60 Advertising Clerk Subscribed and sworn to before me this 28 day of August A.D. 19 85 �Myyxsp'tmission/expire �GOLoi01�ion Ex • wes Jan. Notary/Public AFFIDAVIT OF PUBLICATION THE JOHNSTOWN BREEZE Ntrra STATE OF COLORADO Pursuant to the zoning laws.of 1 SS the Ap t��of-Co ra4_o,end ika _vs,. GiBrt z ina ordinaries COUNTY OR WELD a public hearing wit' be hheeltl in I, ClClyde• Briggs, do solemnly swear that I teemb Commissioner") of Weld am publisher of The Johnstown Breeze; County, Colorado, Weldlrpanty that the same is a weekly newspaper Centennial Center.. 916 tom Street, Fast • Floor, Greeley, printed, in whole or in part, and published Colorado, at the time specified. All persons in any manner in the County of Weld, State of Colorado, interested in the Use by Special and has a general circulation therein; that Review are requested to attend and may be heard. said newspaper has been published Should the applicant or any continuously and uninterruptedly in said interested party desire the County of Weld for a period of more than presence of -a -certified court reporter to make a record of the fifty-two consecutive weeks prior to the proceedings, in addition to the first 6 publication of the annexed legal notice taped record which will be kept during the hearing, the Clerk to or advertisement; that said newspaper hasthe Board's Office can be con- been admitted to the United States mails as tactedreporters for in the a list of certified court court second-class matter under the provisions of reporter isobtained,area. the Clerk to the Board's Office shall be the Act of March 3, If{79, or ally advised in writing of such action amendments thereof, and that said at least five days prior to the hearing. The cost of engaging a newspaper is a weekly newspaper duly court reporter shall be borne by the requesting party. qualified for publishing legal notices and BE IT ALSO KNOWN that the advertisements within the meaning of the text and maps so certified by the laws of the State of Colorado. Weld County Planning Corn- That the annexed legal notice or adve rtise- mission may be examined in the office of the Clerk to the Board of ment was published in the regular and County Commissioners, located in the Weld County Centennial entire issue of every number of 1.said weekly • Center, 915 10th Street, Third newspaper for the period of .. .. consecu- Floor, Greeley, Colorado. live insertions; and that the first DOCKET NO. 85-83 APPLICANT publication of said not ie was in the issue of Basin Exploration; Inc said newspaper dated &.f-7., A.D. I'S.S 15$ E. Boardwalk Dr., No. 300 and that the last publication of said notice Fort Collins, Colorado DATE: September 11, 1985 was in the issue of said newspaper dated A.D. 19 - TIME. 2:00 P.M. • In witness whereof I have her unto set REQUEST! Use by . Special my hand tlys ...:(. 4 i i Review - Oil and gas production (Is,}' of ..... facilities in a R-1 (Residential- A.D, 19 .5 One) Zone District LEG L DESCRIPTION:Weld estColoradoft t4 P.M.. Section 16, Township 5 North, Range ou County. of the 8th P.M., ............. .. .. ' d7f uhhsher BOARD OF GONNTY ERS COLORADO Subscribed and sworn to before me, a BY: MARY ANN Notary Public in and for the County of FEUERSTEIN WC ' State of Colorado, this ,:,,W- day of COUNTY CLERK AND � RECORDER AND CLERK L�fiQ A.D. 19,cec'f TO THE BOARD BY: Mary Rbiff, Deputy n DATED: August 21, 1985 _ PUBLISHED:August 29,1985, in // N,Notary f'Ublie the Johnstown Breeze My Commission Expires June 14, 1987 2 south Perish Avenue My colvdatissionC&p$l%s4 DATE: August 21 , 1985 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 11th day of September, 1985 , at 2 :00 P.M. Docket No. 85-63 - Basin Exploration, Inc. , USR-Oil and gas production facilities in the R-1 Zone District (65-5-16) Docket No. 85-64 - Basin Exploration, Inc. , USR-Oil and gas production facilities in the R-1 Zone District (66-5-34) OFFICE OF THE L TO THE BOARD BY: �GCry � Deputy The above mentioned hearing date and hearing time may be scheduled on the agenda as stated above. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ,oN_ Co I /1/1C , / Summary of the Weld County Planning Commission Meeting August 6, 1985 Page 9 The Chairman asked Gloria Dunn to read the recommendations, conditions, and development standards as outlined by the Department of Planning Services staff into the record. MOTION: Lydia Dunbar moved Case Number USP-692:85:36 for Basin Exploration, Inc. , for a Use by 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 Department of Planning Services staff recommendations, conditions, and development standards as amended by the Planning Commission, and the testimony of the applicant. Motion seconded by Jack Holman. 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. Lydia Dunbar - yes; Paulette Weaver - yes; Bill McMurray - yes; Jack Holman - yes; Sharon Linhart - yes. Motion carried unanimously. CASE NUMBER: USR-693:85:37 $r{ APPLICANT: Basin Exploration, Inc. (Faye - Sears) REQUEST: A Use by Special Review Permit for oil and gas production facilities in the R-1 (low density residential) zone district LEGAL DESCRIPTION: The S'-s NEZ, Section 16, T5N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: North and adjacent to Fast 24th Street and west and adjacent to Cherry Avenue APPEARANCE: Les Kaplan, Basin Petroleum, reported this request is to put four oil wells on this site. The exact locations have not been determined but the well site and tank battery will be at least six hundred feet from the nearest residence. He has reviewed the recommendations, conditions, and development standards as outlined by the Department of Planning Services staff. He does - not agree with the landscaping requirements and he questioned Development Standard #8 — requirements for a culvert. He stated their engineer has not reviewed the site at this time. Therefore, he does not know what his recommendation will be concerning a culvert. He asked that this standard remain a requirement. If, after their engineer reviews the property, they feel a need to change this requirement they will work with the Engineering Department and the Board of County Commissioners. �X/f/11rT Summary of the Weld County Planning Commission Meeting August 6, 1985 Page 10 Tape 213 - Side 1 Gloria Dunn stated this is a request of the Weld County Engineering Department who has reviewed the site and submitted their recommendations. The Chairman called for discussion from the members of the audience. Al Harrington, Surrounding Property Owner, supported this request. Jess Brawner, Surrounding Property Owner, spoke in support of this request. Carla Faye, Property Owner, Spoke in support of this request. Larry Sears, Surrounding Property Owner, stated they have a subdivision (Bramblewood) , in this area. Ee requested that when people come in with oil well requests that they be accurately designated on the plat. They do not oppose this request if the distance from any residence is as far as Mr. Kaplan has stated it will be. MOTION: Bill McMurray moved Case Number USR-693:85:37 for Basin Exploration, Inc. , for a Use by 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 recommendations, conditions, and operation standards as outlined by the Department of Planning Services staff and the testimony heard by the members of the Planning Commission. Motion seconded by Paulette Weaver. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. AMENDMENT: Jack Holman moved that Development Standard #3 be amended to read as follows: The drilling and production of any well shall comply with the Colorado Oil and Gas Conservation Commission regulations pertaining to oil and gas drilling rules. The applicant shall also comply with the City of Greeley's oil and gas drilling requirements, with the exception of landscaping which shall he reviewed at such tine a subdivision or planned unit development application is filed. Motion seconded by Paulette Weaver. Summary of the Weld County Planning Commissicn Meeting August 6, 1985 Page 11 The Chairman called for additional discussion from the members of the Planning Commission. There was none. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Lydia Dunbar - yes; Paulette Weaver - yes; Bill McMurray - yes; Jack Holman - yes; Sharon Linhart - yes. Motion carried unanimously. CASE NUMBER: Z-420:85:5 APPLICANT: Ed Loloff Construction, Inc. REQUEST: A Change of Zone from R-1 (low density residential) and C-1 (neighborhood commercial) to A (Agricultural) zone district LEGAL DESCRIPTION: The SEw NWT and the S's NE' NWT, Section 4, T5N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: Adjacent to the Greeley City Limits on the south; west of Balsam Avenue and north of Colorado State Highway 263 APPEARANCE: LaVern Nelson, P.E. , Nelson Engineering, stated this is a request for a change of zone from Commercial-One and Residential-One to Agricultural. Under the present zoning, the land cannot be used efficiently. The land is underlayed with much sand and gravel. The Weld County Comprehensive Plan states that sand and gravel must be used before the land is available for any other use. The change of zone will allow proper use of the land in a manner approved by the Colorado Mined Land Reclamation Board. This is a fifty-five acre site and the mining operation would be a wet pit. The Chairman called for discussion from the audience. Kay McElroy, Surrounding Property Owner, spoke on the affect the mining operation could have on the domestic and irrigation wells in the area. She is also opposed to this request because of the dirt and noise. Robert Frances, Surrounding Property Owner, felt the current zoning agreed with the surrounding area. He is against any change of zone to agriculture unless the land were used only for farming enterprises. Ed McPheney, Manager, Burris Company, felt a sand and gravel operation is - not compatible with commercial and industrial uses in the area and will curtail any future growth in the area. Also, their plant requires a clean, dust free environment. BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Bill McMurray that the following resolution bWn latridutred--furl passage by the Weld County Planning Commission. Be it xved; by the Weld ---m County Planning Commission that the application for: it ,'L CASE NUMBER: USR-693:85:37 AUG 1 6 1985 /.34O. P m - L NAME: Basin Exploration, Inc. K+.REELEY. COLO. ADDRESS: 155 East Broadwalk Drive, #300, Fort Collins, Colorado 80525 REQUEST: A Use by Special Review Permit for oil and gas production facilities in a Residential-One (R-1) zone district LEGAL DESCRIPTION: The 5' NF', Section 16, T5N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: East of Greeley; north and adjacent to East 24th Street and west and adjacent to Cherry Avenue. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Weld County Planning Commission that the applicant has shown compliance with Section 24.3.1 et seq. of the Weld County Zoning Ordinance as follows: - All mineral resources are fixed in location. The mineral extraction industry is, therefore, restricted in its operation to those areas where the resources lay. The subject site is zoned R-1 (low density residential) , but the site is not platted for residential development and is currently used for agricultural production. The Comprehensive Plan policies encourage mineral extraction prior to residential development. Residential development on the subject site could reduce the feasibility of ever developing the minerals in question. Therefore, the proposal is consistent with with the policies of the Weld County Comprehensive Plan; - The proposal is allowed as a Use by Special Review in a residential zone district; - The Greeley Planning Commission has recommended no objection to this proposal. Their concerns, however, are addressed in the Development Standards; USR-693:85:37 Basin Exploration, Inc. August 6, 1985 Page 2 - The attached Development Standards will make the proposal compatible with existing and future development of the surrounding area as permitted by the existing zoning and with future development as projected by the comprehensive plan of the affected municipality; - The use would be compatible with the existing surrounding land-uses. Agricultural production uses exist north, east, south, and west of the subject site; - No overlay districts affect the site; - Use by Special Review Development and Design Standards provide adequate protection of the health, safety and welfare of the neighborhood and County. The Planning Commission's recommendation for approval is conditional upon the following: 1. The attached Standards for Use by Special Review be adopted and placed on the Use by Special Review plat prior to recording. 2. No building or electrical permits shall be issued for the Use by Special Review Permit area until the Standards for the Use by Special Review have been placed on the Use by Special Review plat and the plat has been delivered to the Department of Planning Services office. 3. The applicant and/or operator shall be required to obtain all applicable building or electrical permits for USR-693:85:37. 4. Prior to scheduling a meeting before the Board of County Commissioners, the operator shall submit a copy of a policy of insurance in the amount of five hundred thousand dollars ($500,00.00) insuring the applicant and the County against all claims or causes of action made against either or both the applicant and the County for damages to persons or property arising out of the drilling, maintenance, production or other work done with respect to such proposed oil and gas wells. Such policies shall be written by a company authorized to do business in the State of Colorado. Evidence of the insurance policy shall be filed with the Department of Planning Services. USR-693:85:37 Basin Exploration, Inc. August 6, 1985 Page 3 In case the insurance policy required shall lapse or become void for any reason whatsoever, the Use by Special Review Permit shall cease to exist until a new insurance policy is provided and filed with the Department of Planning Services. All well activity shall be shut down and all operations and production thereof shall be suspended and discontinued, consistent with safety considerations, until the operator provides evidence of insurance in the prescribed amount. Motion seconded by Paulette Weaver. Vote: For Passage Against Passage Lydia Dunbar Paulette Weaver Bill McMurray Jack Holman Sharon Linhart 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 August 6, 1985, and recorded in Book No. IX of the proceedings of the said Planning Commission. Dated the 7th day of August, 1985. do\•-].- . IC:kr0a Bobbie Good Secretary DEVELOPMENT STANDARDS Basin Exploration, Inc. USR-693:85:37 1. The permitted use shall be oil and gas production facilities as described in the submitted application materials, and as located on the Use by Special. Review plat. 2. Petroleum products and compressed flammable gases are hazardous substances per C.R.S. 29-22-107 (2) (a). Prior to drilling the applicant shall provide a list of the maximum quantities of hazardous substances expected at the site and emergency phone numbers to the State Health Department, Division of Waste Management, the Weld County Emergency Response Coordinator, and the Western Hills Fire Protection District. Evidence of this listing and emergency phone numbers shall be provided to the Department of Planning Services prior to the issuance of building permits. 3. The drilling and production of any well shall comply with the Colorado Oil and Gas Conservation Commission regulations pertaining to oil and gas drilling rules. The applicant shall also comply with the City of Greeley's oil and gas drilling requirements, with the exception of landscaping which shall be reviewed at such time a subdivision or planned unit development application is filled. 4. The applicant shall comply with Western Hills Fire Protection District requirements. 5. Prior to drilling, the operator shall provide the Western Hills Fire Protection District a list of four (4) names, phone numbers, and addresses of responsible parties it can contact in case of an emergency. 6. Prior to drilling, a metal sign shall be placed at the entrance to the well site indicating the name and telephone number of the person(s) to contact in the event of an emergency. 7. Prior to and at the conclusion of any flaring, the Weld County Communications Center shall be notified. 8. Prior to start up of the activity, the operator shall install a fifteen inch (15") by forty foot (40') CMP culvert at each point of ingress and egress to accommodate drainage. 9. All oil and gas production facilities shall be designed to meet the following standards: The tank battery cluster shall be bermed to contain the greatest amount of liquid that can be released from the largest tank, assuming a full tank; and USR-693:85:37 Basin Exploration, Inc. Development Standards Page 2 a six foot (6') chain link fence with a three (3) strand barbed wire top shall enclose the tank battery cluster and the well head. 10. Brine water produced at the site during oil and gas production shall be disposed of by formation injection or disposal into a commercial brine disposal site. , 11. Drilling muds can be used as an agricultural enhancement. The drilling muds MUST be applied and disked into sandy soils with the landowner's consent. 12. Upon cessation of the proposed use, the oil and gas production facilities shall be removed and the land shall be reclaimed to its prior use. 13. The applicant shall comply with the design standards for the Use by Special Review, Section 24.5 et seq. , of the Weld County Zoning Ordinance. 14. The applicant shall comply with the Development Standards for Uses by Special Review, Section 24.6 et seq. , of the Weld County Zoning Ordinance. 15. Representatives or members of the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the site at any reasonable time in order to insure the operations carried out on the site comply with the Development Standards stated hereon and all applicable Weld County Regulations. 16. The Use by Special Review area shall be limited to the plans shown hereon and governed by the Standards as stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Standards as shown or stated above shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 17. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners. INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Case Number 0. 6 6 /3 Ifcs7 Submitted or Prepared Prior to Hearing At Hearing 1. Application 47 Pages 2. / Application plat(s) / page(s) 3. DPS Referral Summary Sheet 4. PPS Recommendation 5. DPS Surrounding Propery Owner Mailing List 6. DPS Mineral Owners Mailing List 7. P. DPS Maps Prepared by Planning Technician 1/ 8. DPS Notice of Hearing ✓ 9. DPS Case Summary Sheet �✓ 10. DPS Field Check / 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. I hereby certify that the /0 items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certif that these items were forwarded to the Clerk to the Board's office on //� 19,f( . Curr[[[(((nt Planner STATE OF COLORADO ) COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS 1b DAY OF (1)0_(:\ \ 19 %'3 SEAL C\eo& Ems/B/7 !� N07iARY PUBLIC ,Cxs/B/7 J MY COMMISSION EXPIRES h') C"rC.—c:" 7.9: es feE. 13, 1389 EXHIBIT INVENTORY CONTROL SHEET Case 45ii,p' of e; � '� .S/ Exhibit Submitted By Exhibit Description A. a1//+. -'^� �( j/,Yi y gJ'.7cai 4:z%47'ze oe B. Ket202.4 1911.eazz»� 4441-GcliLc/»u1.2s;To,7�U C. 7 JZ//Jlp fey ra,?aa* D. [��l/L,PJ �y gto- Gfiji E. F. G. H. I. J. K. L. M. N. O. LAND-USE APPLICATION SUMMARY SHEET Date: July 25, 1985 CASE NUMBER: USR-693:85:37 NAME: Basin Exploration, Inc. ADDRESS: 155 E. Boardwalk Drive, #300, Ft. Collins, CO 80525 REQUEST: A Use by Special Review Permit for oil and gas production facilities in an Residential—One Zone District. LEGAL DESCRIPTION: S1 NEy of Section 16, T5N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: East and adjacent to the City of Greeley; north and adjacent to East 24th Street and west and adjacent to Cherry Avenue. SIZE OF PARCEL: 80 POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review and approval is listed in Section 24.3 of the Weld County Zoning Ordinance. To date, the Engineering Department, City of Greeley, and Greeley Soil Conservation Service have returned specific recommendations. Please refer to their comments for further information. The referral entities not checked off on the referral list have not commented. J ) • °r• ''--GREA t wesreRN:1 r, 1 ,c A C ,I• 1 P. I ; IL t F d,t CGEVER•ivc= r 0 I'$ C _ 6e . E :+a. p� F' p'I C S - 1. S:.�,� _ 0007 141° • ° ° L3 • Enrou il� 1I. �� ° EvER•NC L°r 1 J _ a\ ran/rn 4 pprypy /1I1° yh rn,,, i zO. ¢ /or.er •' • • 1 ® I ol`I� .G' 4"..z„ 2i. � o°I , ,\ !l•v"i)'.��! ,�.° °• ! !• : / I e n 0R. 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C4ror ror ICI ,/ a1 / •2 I F i •NA dI �i v 32 cal u «.u. °p' Is •••• n I; ?-7 rcn • ti ) ' • c 22 �a x. n j„ ro • .c •• A‘ °• �. t5 p :• . n z�� x. • „• n, e o I. 2s' m �� tl � ` � ��.4. 1 • � .e f.• • 'p . �ri �. � • \ I ILL...4_ •iy • v. �� n iP ii it •• �n�2••!] ° 3• •It • x!• •Q.' es 2• •ne uI !• a I ]O 2> �t •,Y4•I ;•t° LCREST P ISO• 41 �.K °. 'k :4 �� - /I•P: i!„e, ..[ .40 c°_ f' pi = I •..• ]• ••• 1 _ ._ _ n» ].,I,� ]s •• • Si ]x li, G •• N ( v •2 I • ; y✓ I o i FIELD CHECK FILING NUMBER: USR-693:85: DATE OF INSPECTION: July 29, 1985 NAME: Basin Exploration, Inc. REQUEST: A Use by Special Review Permit for oil and gas production in an R-1 Zone District LEGAL DESCRIPTION: S1 NE1, Section 16, T5N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: North of East 24th Street and west of Cherry Avenue LAND USE: N Agricultural production, single family residences E Agricultural production, oil and gas production facilities S Agricultural production W Agricultural production ZONING: N R-1 (low density residential) E R-1 (low density residential) S R-1 (low density residential) W City of Greeley (residential zoning) COMMENTS: Access to the parcel is from East 24th Street and Cherry Avenue. The subject property is used for irrigated agricultural production. The Greeley No. 3 Ditch runs north to south across the western portion of the parcel. A mobile home is located on the property with access to Cherry Avenue. By: it) Ca Rod Allison Current Planner II APPLICATION USE BY SPECIAL REVIEW Department of Planning Services, 915 Tenth Street, Creeley, Colorado 80631 Phone - 356-4000 - Ext. 4400 Case Number Date Received Application Checked by Mylar plat submitted Application Fee _ Receipt Number Recording Fee Receipt Number TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature) I (we), the undersigned, hereby request hearings before the Weld County Planning Commission and the Weld County Board of County Commissioners concerning the proposed Special Review Permit of the following described unincorporated area of Weld County Colorado: LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: S/2 NE/4 Section 16 T 5 N, R 65 W LECAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: Section T N, R W Property Address (if available) PRESENT ZONE R-1 OVERLAY ZONES TOTAL ACREAGE 80 _ PROPOSED LAND USE Oil and Gas Wells EXISTING LAND USE Farming with several single family residenreq SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW: Name: (See attached Exhibit "A") Address: _ City Zip Home Telephone a Business Telephone A Name: Address: City Zip Home Telephone n Business Telephone Name: Address: - _ City Zip Home Telephone It Business Telephone APPLICANT OR AUTHORIZED AGENT (if different than above): Basin Exploration, Inc. Name: Address: 155 E. Boardwalk Dr. , #300 City Fort Collins zip 80525 Home Telephone if Business Telephone n 223-3100_, List the owner(s) and/or lessees of mineral rights on or under the subject properties of record. Name: - Address: City Zip Name: Address: City Zip Name: Address: City Zip I hereby depose and state under the penalities of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD ) STATE OF COLORADO ) Signature: Owner of Authorise Agent Lester NI. Kaplan, President Subscribed and sworn to before me this 3rd day of I July 4A 19 35 . SEAL OTARY PUBLIC Deb rah L. entry 155 E. Boardwalk Dr. #300 My commission expires____ 3/19/88 Fort Collins, Co 80525 EXHIBIT "A" Surface Fee (Property Owenrs) in area proposed for Use by Special Review 1. Jesse Brauher 228 South 6th Street Greybull, Wyoming 2. Roland N. Hayes, Jr. V.P. and Trust Officer United Bank of Greeley Trustee, Thomas F. Fay Trust Mineral Rights Owners in area proposed for Use by Special Review 1. Jesse Brauher 228 South 6th Street Greybull, Wyoming 2. Roland N. Hayes, Jr. V.P. and Trust Officer United Bank of Greeley Trustee, Thomas F. Fay Trust 3. Darlinda Brauher 659 Highway 14 Shell Rt. Greybull, Wyoming 82426 4. Jerry D. Winters 1205 48th Avenue Greeley, Colorado 80634 5. William L. West 1851 25th Avenue Greeley, Colorado 80631 6. George H. Sperry 721 Big Horn Warland, Wyoming 82401 ;9 o, SUB N I LINN GROVE CEMETEF -17th_ STREET lc w Iw n U Z W a .4.0 .S 34 HIGH NAY E Stn STREET a III VSEEVIUSE. J a IaI w m SLR N ? w 'a E19th STREET ,u lw_ '--78RM0NLE;-)—�I LU �a1 .HEr J-5N E Ism ST Fn _ n: r �z— i - S SUB'N z u x U ' ' e 1 V. 9 0 CO�E. 20th STREET w 16 15 t I.71'L Li f' a — ' '--T u) EAST MEMOREX 'J to_+—i•--4r u w � 3 I -1ih-_ CO _/ �'-+-- i 1 t_.. SCHOOL o ,/ ? 1.17 (�1 I , a..Y� ail- J CO J W— ___H--1. D ¢ -j ��. __. ',Lb . y _l� w *twa Dl ' 7 - - TT ,„Y-1,r 11 I II� - EAST MEMORIAL a^ r i -I L11--r ANNEX.r I ...� r , . -,II n r -, ;a'".-.°!...--.. f,tip r.',,C41.:.. r }� r- - - 2ndRe�STREEL . _ ,\\<\ \ 1i RAMBLEWOOD ' _J ANNEXATION \ II f +.avi+ST6EEIc,wa-..wfm.sxelnaw�w.xtAasr�nn+ro�,m..,s�+Ti..,+,wmxayr- ar'tBye 34- 1 II A . . 1. REFERRAL LIST APPLICANT: Lester Kaplan NUMBER: USR-693:85:37 SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY: July 26, 1985 NO SR NR NO SR NR County Attorney X X Western Hills Fire Prot. 1804 Cherry Avenue X Weld County Health Dept. Greeley, CO 80631 X X Engineering Department X Greeley Soil Conservation 4302 9th Street Road County Extension Agent Greeley, CO 80631 X Office of Emergency Mngmt X Paulette Weaver 1725 12th Avenue X State Engineer Greeley, CO 80631 Division of Water Resources 1313 Sherman St. , Room 818 A' X Colo Dept. of Resources Denver, CO 80203 Oil and Gas Commission ATTN: Jim Smith _ State Highway Department 1313 Sherman Street 1420 2nd Street Denver, CO 80203 Greeley, CO 80631 Colorado Department of Health Water Quality Control Division 4210 East 11th Avenue Denver, CO 80220 X X City of Greeley Planning Department 919 7th Street Greeley, CO 80631 Tri Area Planning Commission P.O. Box 363 Frederick, CO 80530 X X City of Evans Galen Kane — Cc•mfe.) 7/g/tr P.O. Box 59 does "cr W""F 4-U Evans, CO 80620 rev,ew USR. gp NO=No Objection SR=Specific Recommendations NR=No Response z 7 -; w oc+q ✓ z M...4,' 4 e t 3 , REFERRAli LIST, tr ix[z.a' 5� t,s .}€.4-1; A ta.a :);+, ..:fs 745:r - � r� -„ ;eFt-5 vm-f' '�'4:'" 4441," fear .-r .. APPLICANT: Lester Kaplan NUMBER: USR-693:85:37 SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY: July 26, 1985 NO SR NR NO SR NR County Attorney X X Western Hills Fire Prot. 1804 Cherry Avenue X Weld County Health Dept. Greeley, CO 80631 X X Engineering Department X X Greeley Soil Conservation 4302 9th Street ' Road County Extension Agent : : Greeley, CO , 80631 . X Office of Emergency Mngmt X Paulette Weaver 1725 12th Avenue X State Engineer Greeley, CO 80631 Division of Water Resources 1313 Sherman St. , Room 818 X X Colo Dept. of Resources Denver, CO 80203 Oil and Gas Commission ATTN: Jim Smith State Highway Department 1313 Sherman Street 1420 2nd Street Denver, CO 80203 Greeley, CO 80631 Colorado Department of Health X' Greeley Irrigation Company Water Quality Control Division c/o Donna Coble 4210 East 11th Avenue P.O.. Box 449 Denver, CO 8022O Greeley, CO . 80632 X X City of Greeley Planning Department 919 7th Street Greeley, CO 80631 Tri Area Planning Commission P.O. Box 363 Frederick, CO 80530 X X City of Evans Galen Kane — Ca,.0tr.c+e.) 7/g/fr P.O. Box 59 does 'C+ wino- +U Evans, CO 80620 reu.i'w OfR. NO=No Objection SR=Specific Recommendations NR=No Response • (7_ 711 lk\ mEmORAnDUm' wokTo Weld County Planning Date 7-73-85 COLORADO From Allen F. Palmquist(2 � subject: Case Number U.S.N.-693:85:37 Lester Kaplan The volume retained by the spillage birm should be greater than the volume of the tanks inside the birm. If this is done we would not have any problem with this proposal. g[i; 1;_ciT5:11 1 Held Co. Phuuu n (- to6 µ;Aver. nDurii !ilk To Planning Department Date July 16, 1985 COLORADO From Donald R. Carroll , Administrative Manager - Engineering Dept. Subject: Lester Kaplan - USR-693:85:37 -, Access Roads : Both locations will need a 15" x 40' CMP culvert at the access roads to handle drainage. DRC/bf JUL 17 1985 Weld Ca. Planning Commission 4j�-' a+ s As:4 9 City of GREELEY CIVIC CENTER. GREELEY, COLORADO 80631 (303) 353-6123 \ Greeley July 26, 1985 Rod Allsion , Planner Weld County Dept . of Planning Services 915 10th Street Greeley, CO 80631 Dear Rod : The Greeley Planning Commission at its July 23, 1985, meeting reviewed the Use by Special Review request from Basin Exploration for an oil and gas well located in the South Half of the Northeast Quarter , Section 16, Township 5 North , Range 65 West of the 6th P.M. The Planning Commission recommended no objection subject to the oil and gas development complying with all of the City' s standards for oil and gas development including landscaping and fencing of all facilities . Thank you for the opportunity to review and comment on this application . If you have any questions pertaining to this matter , please do not hesitate to call . Sincerely, C-414e- 214 Stephen Hill City Planner it (( JUL9, Weld Co. Planning Commission \ 1 / •I :1S 1 i 1:�,. c DEPART MENT OF PLANNING SERVICES ,... 11 • (C u �` PHONE(303)356-4000 EXT.4400 j`\ 915 10th STREET if r '( GREELEY, COLORADO 80631 \\ 4. It CASE NUMBER USR-693:85:37 COLORADO July 10, 1985 TO WHOM IT MAY CONCERN: Enclosed is an application from Lester Kaplan for a Use by Special Review permit for oil and gas production in an R-1 Zone. The parcel of land is described as S1 NE1 of Section 16, 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 east and adjacent to the city of Greeley; north and adjacent to East 24th Street and west and adjacent to Cherry Avenue. 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. If a response from your office is not received within fourteen (14) days of mailing from our office, it may be interpreted to mean approval by your office. If you are unable to respond within the fourteen (14) days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by July 26, 1985 so that we may give full consideration to your recommendation. Thank you very much for your help and cooperation in this matter. 1. We have reviewed the proposal and find no conflicts with our interests. 2. X A formal recommendation is under consideration and will be submitted prior to A t4 jibs— 3. Please refer to the encl6sd letter. Signed: v) ij •Agency: be+lN'( � Date: jJ • .47) C Rod Allison Current Planner II BASIN • EXPLOR TION NC I� July 3 , 1985 Department of Planning Services Weld County Building 915 10th Street Greeley, Colorado 80631 Attention: Gloria Dunn, Current Planner RE: Use by Special Review Permit Requests: Fay Oil and Gas Wells Locations (S/2 NE/4 Sec. 16, T5N, R65W) Dear Gloria: Basin Exploration, Inc. is herein submitting a Use by Special Review permit application for two (2) well locations on the above—referenced 80 acre drilling unit . Accompanying this application is the special review plan map, prepared by McRae and Short, Inc. from Greeley. The following information is an item—by—item response to the detailed description questions called for as part of the application requirements: Q: Proposed use A: Oil an gas well to be drilled to the Codell/Niobrara Formations with the objective of natural gas and gas condensate production in commercial quantities. Q: Need for use A: The oil and gas resources in Weld County are fixed—in—place. In that the subject property is zoned for residential use, these resources should be developed prior to the surface development of the property. Q: Types of existing uses on surrounding properties A: The property has been and is presently in an active farming use. Similar farming uses surround the property along with intermittant , large tract , residential structures. Dos Rios Subdivision lies to the south. 155 E.Boardwalk Drive,Suite 3OO I Fort Collins,Colorado 8O525 3O3-223-31OO ►2 ►Z� 1. Weld County Permitting 60 days 2. Site Preparation and Drilling 10 days 3. Logging, Setting Production Casing and Tubing, Cementing , Preparing for Frac Stimulation 7 days 4. Fracing , Bring Back Well, Connecting to Battery 14 days 5. Installing Tank Battery (concurrent with other completion activities) 3 days In addition to the above question and answer description of the proposed operation, the use by special review procedure requires certain written information and supporting documents. These requirements are addressed below. The Weld County Comprehensive Plan does not address oiI and gas exploration in great detail. However, the Plan does note that the most desirable time for the removal of minerals is prior to development (p.71) . The proposed location is neither developed nor platted. Furthermore, the objectives of the surface owner are for the long range continuation of farming uses. The actual location of the drill site is determined for the most part by the Colorado Oil and Gas Commission and local well siting and spacing requirements. The operator does have some latitude in the placement of surface equipment and has attempted to minimize the use of and interference with productive agricultural land. The placement of vertical landscaping around the tank battery would itself utilize productive land. During the drilling, completion, and production phases ,of the well, provisions are made for the protection of the health, safety and welfare of the inhabitants of the neighborhood and county. The drilling rig is equiped with a blowout preventer. Approximately 3,000 ft . of surface cementing for the production casing is used. All production casing , tubing, valves and fittings are A.P.I. approved. All service companies, including the frac stimulation company are proven professionals. All State and local requirements shall be met. Once cn production, the well will be compatible with existing surrounding land use. Access to the well will not interfere with any existirg agricultural or residential uses. The producing well is basically a passive use, with no perceptible noise, and eventually as much a part of the streetscape as any other permanent structure. The production equipment will be painted in attractive earth tcne design tc blend with the rural setting. A sa PA ►z. Q: Maximum number of animals A: No animals are associated with this use. Q: Type and size of any waste, stockpile or storage areas A: During drilling a dumpster will be on site. The only waste associated with production is water which will be stored in a one hundred barrel above-ground tank which will be emptied as required. Gas condensate will be stored alternately in one of two three hundred barrel tanks whose location and design detail are shown on the accompanying plan map. Q: Storm retention facilities A: An oil and gas well will not interfere with historic storm water run-off Q: Time schedule and method of removal and disposal of debris, junk and other wastes A: Any debris associated with the drilling or completion phases of a well are hauled off after such phases. The production phase does not generate any debris or junk. Q: Proposed landscaping plans and erosion control measures A: No landscaping is proposed for the perimeter of the tank battery. The surface owner prefers the potential for continued farming use around the battery to landscaping. Additionally, the establishment and maintenance of a landscaping buffer would be an extremely inconvenient and costly undertaking for the operator. Any buffering of the tank battery should occur with the future development of the property, and the operator will cooperate in any manner reasonably possible. A 6 ft. chain link fence is proposed around the tank battery. After the drilling and completion phase, all pits will be back-filled and compressed, and the natural contour of the property restored to as near as possible. Q: Reclamation procedures to be employed upon cessation of use A: Upon the cessation of commercial oil and gas production, the well head will be removed and the well plugged according to State standards. All surface equipment would be removed, and the site would be restored to as close to its prior condition as possible. Q: Time table showing periods of time required for construction and start-up A: This is not a construction project; however, the time periods for the various phases are as follows: ►3 ►.t I . . Q: Distance of proposed use to residential structures A: In no direction will the well site or any production equipment be less than 300 feet from any residential structures. As indicated by the plan map, no residence is closer than 500 ft. to the well site. Q: Maximum number of users , patrons, members, and buyer A: An oil and gas well is not a retail or service center. Q: Number of employees, number of shifts, and hours of operation A: An oil and gas well is not an employment center. Once the well is on production, it will be visited approximately twice a day by a representative of Basin, the well operator. A crew of five will drill the well which should take approximately one week, 24 hours per day with three shifts. Q: Type of water source for the proposed use A: Water is needed only during the drilling phase of the well, approximately one week. This water is either brought to the site via water hauling trucks or pumped to the site from an agricultural-related source. Q: Access route(s) to be utilized A: (See accompanying plan map) Q: Type, size, weight and frequency of vehicular traffic associated with proposed use A: Other than twice-a-day pickup truck traffic once the well is on production, no other vehicular traffic is routinely associated with an oil and gas well. Q: Type of sewage facilities A: No sewage facilities are necessary. Any water requiring disposal will be stored in an above ground tank and hauled off as required, approximately once per month. Q: Proposed fire protection measures A: A sign will be posted on or near the production equipment indicating the name, address and telephone number of the operator. The fire department as well as nearby residents will be given the names and telephone numbers of four (4) parties associated with the operator and who could be called in case of an emergency. Any flaring of the well will be kept to an absolute minimum due to the availability of the Colorado Gathering Corporation collection line. A 2 ft. spillage birm will be installed around the production tanks. fravi ►44 The producing well will be compatible with the future development of the surrounding area as permitted by the existing zone. The future of low—density residential uses in conjunction with continued agricultural uses would neither be prevented or materially underminded by the proposed use. The subject property is not located in a geologic hazard or Weld County Airport overlay district. The zoning is R—1 for the entire property, requiring use by special review. In that the proposed use does not require a water supply, neither domestic, district or well water is necessary. Attached is a copy of the Drilling Title Opinion for this 80 acre tract, prepared by attorney Donald W. Marshall, which sets. forth the applicants interest in this property along with the interests of various surface and mineral owners . Other than the drilling and frac stimulation phases of the well, there will be virtually no noise emissions. Soil information is provided on the plan map. The soils provide absolutely no limitation to the proposed use. The list of the owners of property within five hundred (500) feet of the subject property is herein provided as part of this application. The names and addresses of all mineral owners and lessees of mineral is contained in the Drilling Title Opinion herein provided. Should you require any additional information or a clarification of any of the written or plan map materials , please contact me immediately. We appreciate your thoughtful and cooperative processing of this application. Very truly yours,-7j /J Lester M. Kaplan President Attachments /dg AFFIDA OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property Fay Oil and Gas Wells: Use-by-Special Review STATE OF COLORADO ) ss. COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses 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 subject to the application. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records , or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty (30) days of the application submission date. _�n Lester M. Kaplan, President The foregoing instrument was subscribed and sworn to before me this 3rd day July , 19 35 by Lester M. Kaplan, President of Basin Exploration, Inc. WITNESS my hand and official seal . My Commission expires : 3/19/88 Q\ NOtary {Publ i C Deborah L. Gen 14 155 East Boardwalk Drive, #300 Fort Collins, Colorado 80525 AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property Fay Oil and Gas Wells: Use-by-Special Review STATE OF COLORADO ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office, or from an ownership update from a title or abstract company or an attorney. Lester M. Kaplan, Preside The foregoing instrument was subscribed and sworn to before me this 3rd day of July 19 85 By Lester M. Kaplan, President of Basin Exploration, Inc. WITNESS my hand and official seal . My Commission expires : 3/19/88 i LQ xPah v`1. n ,i Deborah Gent Notar Public 155 East Boardwalk Drive, #300 Fort Collins, Colorado 80525 C C DEPARTMENT OF PLANNING SERVICES - (1( ` PHONE(303)356-4000 EXT.4400 915 10th STREET I.-o GREELEY,COLORADO 80631 "c+na. -e a ®r' r c; r„ COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on August 6, 1985 at 1:30 p.m. to review a request for approval of a Use by Special Review Permit for oil and gas production facilities in an residential one (R-1) District from Lester Kaplan on a parcel of land described as S1 NEti of Section 16, T5N, R65W of the 6th P.M. , Weld County, Colorado, containing 80 acres, more or less. The public hearing to be held by the Weld County Planning Commission for the consideration of the above referenced request will be conducted 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 August 6, 1985. 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, - Phone - 356-4000, Extension 4400. Robert E. Ehrlich, Chairman Weld County Planning Commission To be published in the Johnstown Breeze ' To be published one (1) time by July 26, 1985 Received by: Date: (- MAILING LIST LESTER KAPLAN USR-693 SURROUNDING PROPERTY OWNERS United Bank of Greeley Trustees for Thomas F. Fay P.O. Box 1057 Greeley, Colorado 80631 Jessee L. Brauher 228 South 6th Street Greybull, Wyoming 82426 Ronald R. and Barbara L. Schafer 715 East 24th Street Greeley, Colorado 80631 Lory E. Ferguson, Jr. 2121 Cherry Avenue Greeley, Colorado 80631 Douglas C. and Dorothy Y. Uyemura 1116 East 20th Street Greeley, Colorado 80631 Virginia A. Harsh Trust and Dee Ann Standiferd Trustee 906 East 20th Street Greeley, Colordo 80631 Eldon Nephew and Nicholas C. Jenks 1641 27th Avenue Greeley, Colorado 80631 City of Greeley Greeley City Complex Greeley, Colorado 80631 Denargo Loan and Finance Company, et al. c/o Roi Davis 5808 South Rapp Street Suite #109 Littleton, Colorado 80120 Harrington Brothers Real Estate Ltd. Partnership 2126 14th Street Greeley, Colorado 80631 A. L. and Edward Harrington Trustees 2126 14th Street Greeley, Colorado 80631 C C MAILING LIST KAPLAN USR-693 Page 2 Miyoshi Hamako 2120 Cherry Avenue Greeley, Colorado 80631 Tamara Barr 2300 Cherry Avenue Greeley, Colorado 80631 James E. "and Michelle I. Vetting 22670 Weld County Road 54 Greeley, Colorado 80631 Willis B. and Imogene L. Kramer 2350 Cherry Avenue Greeley, Colorado 80631 Lynda R. Housel 2207 Bluebell Avenue Greeley, Colorado 80631 Loren A. Johnson 2131 Bluebell Avenue Greeley, Colorado 80631 Richard A. and Joanne M. Weinmeister c/o United Bank of Greeley P.O. Box 1057 Greeley, Colorado 80631 Wellington and Lorena Ferrell 2128 Blubell Avenue Greeley, Colorado 80631 Henry A. , III, and Ann Marie Giesick 2134 Bluebell Avenue Greeley, Colorado 80631 Herb R. Koehler 2144 Bluebell Avenue Greeley, Colorado 80631 Donald G. and Jo Ann L. Brown 2154 Bluebell Avenue Greeley, Colorado 80631 MINERAL OWNERS USR-693 KAPLAN Jesse Brauher 228 South 6th Street Greybull, Wyoming 82426 Roland N. Hayes, Jr. V.P. and Trust Officer United Bank of Greeley Trustee, Thomas F. Fay Trust 1000 10th Street Greeley, CO 80631 Darlinda Brauher 659 Highway 14 Shell Rt. Greybull, Wyoming 82426 Jerry D. Winters 1205 48th Avenue Greeley, CO 80631 William L. West 1851 25th Avenue Greeley, CO 80631 George H. Sperry 721 Big Horn Warland, Wyoming 82401 RESPECTFULLY SUBMITTED, t -+ I4'L Kevin Barker/nr STEWART TITLE OF GREELEY 916 10th STREET GREELEY, COLORADO 80631 303-352-4571 /- r S WITHIN S2NE4 16-5-65 United Bank of Greeley Trustee for 62096116100004 Thomas F. Fay P.O.BOX 1057 Greeley, Colorado 80631 Brauher, Jessee L. 62096116100013 228 South 6th Street Greybull , Wy. 82426 Schafer Ronald R. & Barbara L. 62096116100014 715 East 24th Street Greeley, Colorado 80631 OWNERS WITHIN 500' RADIUS OF S2NE4 16-5-65 Ferguson Lory E. ,Jr. 62096116100005 2121 Cherry Street Greeley, Colorado 80631 Uyemura Douglas C. & Dorothy Y. 62096116100010 1116 East 20th Street Greeley, Co. 80631 Harsh Virginia A. Trust & 62096116100002 Standiferd Dee Ann Trustee 906 East 20th Street Greeley, Co. 80631 Nephew Eldon & Jenks Nicholas C. 62096116100001 1641 27th Avenue Greeley, Co. 80631 Greeley City Of 62096116200079 Greeley, Co. 80631 Denargo Loan & Finance Co Etal 62096116200050 Roi Davis 5808 South Rapp Street Suite #109 Littleton, Co. 80120 Harrington Brothers Real Estate 62096116300049 Partnership LTD 2126 14th Street Greeley, Co. 80631 Harrington A L & Edward Trustees 62096116000048 2126 14th Street Greeley, Co. 80631 Miyoshi Hamako 62096115200011 2120 Cherry Avenue Greeley, Co. 80631 Barr Tamara 62096115200008 2300 Cherry Avenue Greeley, Co. 80631 Vetting James E & Michelle I 62096115200014 22670 Weld County Road #54 Greeley, Co. 80631 Kramer Willis B & Imogene L 62096115200013 2350 Cherry Avenue Greeley, Co. 80631 Harrington A L & Edward Trustees 62096115000047 2126 14th Street Greeley, Co. 80631 • Housel Lynda R 62096116102005 2207 Blubell Avenue Greeley, Co. 80631 Johnson Loren A 62096116102004 2131 Bluebell] Avenue Greeley, Co. 80631 OWNERS -00' RADIUS OF S2NE4 16-5-6" Weinmeister Richard A & Joanne M 62096116102003 United Bank of Greeley P.O.BOX 1057 Greeley, Co. 80631 Ferrell Wellington & Lorena 62096116103003 2128 Bluebell Avenue Greeley, Co. 80631 Giesick Henry A III & Ann Marie 62096116103004 2134 Bluehill Greeley, Co. 80631 Koehler Herb R 62096116103005 2144 Bluebell Avenue Greeley, Co. 80631 Brown Donald G & Jo Ann Lucille 62096116103006 2154 Bluebell Avenue Greeley, Co. 80631 Hello