HomeMy WebLinkAbout870159.tiff RESOLUTION
RE: APPROVE AMENDMENT OF CERTAIN USE BY SPECIAL REVIEW
DEVELOPMENT STANDARDS - SUNSHINE VALLEY PETROLEUM CORPORATION
WHEREAS , the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
-Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS , the Board of County Commissioners held a public
hearing on the 4th day of March , 1987 , at the hour of 2: 00 p.m. in
the Chambers of the Board for the purpose of hearing the
application of Sunshine Valley Petroleum Corporation , 950
Stafford , Casper, Wyoming 82609 , to amend Use by Special Review
Development Standards 2a, 2b, 5 , 8 , 9 , and 11 on the following
described real estate, to-wit:
NEIL, Ez NW4, W1 SEQ of Section 33 , Township 6
North, Range 65 West and the NZ NWQ of Section
4 , Township 5 North , Range 65 West of the 6th
P.M. , Weld County, Colorado
WHEREAS , said applicant was represented by Michael Morgan ,
Attorney, and
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,
WHEREAS, having been fully informed, the Board finds that the
request to amend Development Standards #2a and #5 shall be denied
and those Development Standards remain as they exist at the
present time for the following reasons:
1 . These Development Standards relate to ensuring adequate
protection of the health , safety, and welfare of the
inhabitants of the neighborhood and the County.
f 870159
Page 2
RE: AMEND USR - SUNSHINE VALLEY PETROLEUM CORPORATION
2. Deleting or amending these standards would either
eliminate the requirement or delegate the administration
of the requirements to a State agency. The County would
prefer to have local control and guarantees that the
requirements of the Development Standards are complied
with.
WHEREAS, having been fully informed, the Board finds that the
following Development Standards shall be amended to read as
follows:
2 . b. In the event that a residential subdivision
development should occur within 1 , 000 feet of a
well, the applicant shall be required to install a
six foot chain link fence with three strand barbed
wire top to enclose that tank battery cluster.
8 . If, and when, low density residential development takes
place within 300 feet of any well drilled hereunder,
operator shall muffle any gas-powered motors used in
conjunction with pumping units to a noise level no
greater than the level of an electric motor, and
non-hydraulic pumps shall -be replaced by hydraulic
pumps .
9 . Setbacks and offsets for oil and gas production
facilities shall be in compliance with the Meld County
Zoning Ordinance.
11 . The applicant shall obtain a performance -bond ,
irrevocable letter of credit , certificate or other
security satisfactory to the -Board of County
Commissioners of $5 ,000 . 00 for each well , to ensure
compliance with the requirements of this permit and
other applicable Weld County Regulations. Such security
shall be retained only until the well is capable of
production, and then a single $3, 000 . 00 bond or security
shall be held on the entire area of this Use by Special
Review. an event of default, it would be made payable
to the Weld County -Board of Commissioners for the
purpose of bringing the well into compliance. When the
wells are capped in accordance with State regulations ,
the remaining $5 , 000 . 00 bond or security shall be
refunded to the applicant.
870159
Page 3
RE: AMEND USR - SUNSHINE VALLEY PETROLEUM CORPORATION
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the request of
Sunshine Valley Petroleum Corporation for amendment of Use by
Special -Review Development Standards #2a and #5 be, and hereby is,
denied.
BE IT -FURT-HER RESOLVED ±y the Board that Use by Special
Review Development Standards #2b, 8 , 9 , and 11 on the hereinabove
described parcel of land be, and hereby are, amended as
hereinabove stated subject to the following condition:
1 . The attached Development Standards for the Use by
Special Review permit be adopted and placed on the Use
by Special Review plat prior to recording the plat.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 4th day of
March , A.D. , 1987.
n �j - BOARD OF COUNTY COMMISSIONERS
ATTEST: E/rrv. WELD COD Y OLORADO
Weld County lerk and Recorder
and Clerk to the Board Gord 4irman
) :1
EXCUSED DATE OF SIGNING - AYE
Uy/vjZun2 C.W Kirby, -Pro-Tem
eputy County lerk
APP-ROVED A TO FORM: ene R. Brantner
r
Ja que ' ne o nson
County Attorney EXCUSED
Frank Yamaguchi
870159
DEVELOPMENT STANDARDS
Sunshine Valley Petroleum Corpioration
USR-Amended 717 : 85: 64
1 . The Use by Special Review permit is for oil and gas
production facilities in an 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. All tank batteries 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. In the event that a residential subdivision development
should occur within 1 ,000 feet of a well , the applicant
shall be required to install a six foot chain link fence
with three strand barbed wire top to enclose that tank
battery cluster.
c. All tank batteries shall be painted a wheat color as
recommended by the City of Greeley.
3 . Smoking shall not be permitted at any well location or tank
battery location at any time, and signs indicating such
prohibition shall be placed on the well site and at the tank
battery location.
4 . Adequate fire fighting apparatus shall be maintained on the
well site at all times during drilling and production .
5 . Prior to drilling, a metal sign shall he placed on the
property indicating the name and telephone number of the
person (s) to contact in the event of an emergency.
6 . Noise standards as delineated in C.R.S . 25-12-101 et seq. ,
must be maintained .
7 . All land within twenty five feet of any oil or gas tank
containing flammable or combustible materials , or other
appurtenant well production equipment shall be kept free of
dry weeds , grass or rubbish.
870159
Page 2
DEVELOPMENT STANDARDS - SUNSHINE VALLEY PETROLEUM CORPORATION
8 . If and when low density residential development takes place
within 300 feet of any well drilled hereunder, operator shall
muffle any gas-powered motors used in conjunction with
pumping units to a noise level no greater than the level of
an electric motor, and non-hydraulic pumps shall be _replaced
by hydraulic pumps .
9 . Setbacks and offsets for oil and gas production facilities
shall be in compliance with the Weld County Zoning Ordinance.
10 . The on-site nil and gas storage shall meet the City of
Greeley' s Uniform Fire Code.
11 . The applicant shall obtain a performance bond, irrevocable
letter of credit, certificate or other security satisfactory
to the Board of County Commissioners of $5 ,00O . 00 for each
well, to ensure compliance with the requirements of this
permit and other applicable Weld County Regulations. Such
security shall be retained only until the well is capable of
production , and then a single $5 , 00O. 00 bond or security
shall be held on the entire area of this Use by Special
Review. In event of default, it would be made payable to the
Weld County Board of Commissioners for the purpose of
bringing the well into compliance. When the wells are capped
in accordance with State regulations, the _remaining $5, 000.O0
bond or security shall be refunded to the applicant.
12. No permanent disposal of wastes shall be permitted on the
site.
13. 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.
14 . Drilling muds can be used as an agricultural enhancement.
The drilling muds must be applied and disked into sand soils
with the landowner' s consent.
15 . 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.
16. All construction done on the property shall be in accordance
with the requirements of the Weld County Building Code
Ordinance.
870159
Page 3
DEVELOPMENT STANDARDS - SUNSHINE VALLEY PETROLEUM CORPORATION
17 . The property owner or operator shall be responsible for
complying with the Design Standards of Section 24 . 5 of the
Weld County Zoning Ordinance.
18 . The property owner or operator shall be responsible for
complying with the Operation Standards of Section 24 . 6 of the
Weld County Zoning Ordinance.
19. Personnel from the Weld County Health Department , Weld County
Department of Planning Services , and the Western Hill and
Eaton Fire Protection Districts 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.
20 . The Use by 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.
21 . 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.
870159
HEARING CERTIFICATION
DOCKET NO. 87-6
RE: AMEND USE BY SPECIAL REVIEW DEVELOPMENT STANDARDS - SUNSHINE
VALLEY PETROLEUM CORPORATION
A public hearing was conducted on March 4, 1987, at 2:00 P.M., with the
following present:
Commissioner Gordon E. Lacy, Chairman
Commissioner C.W. Kirby, Pro-Tem
Commissioner Gene Brantner
Commissioner Jacqueline Johnson
Commissioner Frank Yamaguchi - Excused
Also present:
Acting Clerk to the Board, Mary Reiff
Assistant County Attorney, Lee D. Morrison
Planning Department representative, Keith Schuett
The following business was transacted:
I hereby certify that pursuant to a notice dated January 26, 1987, and
duly published February 12, 1987, in the Johnstown Breeze, a public
hearing was conducted to consider the request of Sunshine Valley
Petroleum Corporation to Amend a Use by Special Review by changing
Development Standards 2a, 2b, 5, 8, 9, and 11 . Lee Morrison, Assistant
County Attorney, made this matter of record. Commissioner Brantner
moved that the five Resolutions of recommendation from the Planning
Commission be entered into this hearing as a written record. The
motion, seconded by Commissioner Kirby, carried unanimously. Keith
Schuett, Planning Department representative, presented a summary of
this case. He stated that the original Use by Special Review was
granted to Energy Minerals in March, 1986. Mr. Schuett reminded the
Board that some of the Planning Commission's recommendations differed
from those of the Planning staff and the staff had received a letter,
dated March 2, from Michael Morgan, Attorney, restating some of the
amended motions of the Planning Commission. Michael Morgan came
forward to represent the applicant. He stated that Sunshine Valley has
not put any facilities on this parcel because some of the Development
Standards conflict with the agricultural use of the land, which is
zoned R-1, and some conflict with the State regulations. Don
Hungenberg, an adjacent landowner, explained why this property is zoned
R-1, even though the use is agricultural. Mr. Morgan said the Planning
Commission recommended that Development Standards 2a and 5 not be
amended and, although the applicant still wants those changed, he would
not pursue the matter. He presented information concerning the
requested amendment of Development Standards #9, #8, #2b, and #11 . No
public comment was received concerning this request. It was determined
that each request for amendment of a Development Standard would be
considered separately. Commissioner Johnson moved to amend Development
Standard #2b and adopt the language contained in the March 2 letter
from Mr. Morgan. Commissioner Brantner seconded the motion. It was
the consensus of the Board that a Planned Unit Development would be
categorized as a residential subdivision development, as mentioned in
this amendment. The motion carried unanimously. Commissioner Johnson
moved to accept the Planning Commission recommendation for the
amendment of Development Standard #8. The motion, seconded by
Commissioner Kirby, carried unanimously. After Mr. Morrison reviewed
the request of the applicant and the Planning Commission's
recommendation regarding Development Standard #9, Commissioner Kirby
moved to accept the Planning Commission _recommendation regarding this
Development Standard. Commissioner Brantner seconded the motion.
(Tape Change #87-21) During discussion, Bill Crews, agent for Sunshine
Valley Petroleum Corporation, came forward to answer questions of the
' ✓ `�
Page 2
RE: CERTIFICATION - SUNSHINE VALLEY PETROLEUM CORPORATION
Board. The motion carried unanimously. After considerable discussion
regarding the application of a performance bond, Commissioner Brantner
moved to amend Development Standard #11 to utilize the language of the
March 2 letter from Mr. Morgan. The motion was seconded by
Commissioner Kirby and carried unanimously. Mr. Morgan asked that the
word "bond", when referring to the security to be retained after a well
is capable of production, be amended to "bond or acceptable security".
Commissioner Brantner moved to amend Development Standard 1/11 as
requested. Seconded by Commissioner Kirby, the motion carried
unanimously. Commissioner Johnson moved to deny the request to amend
Development Standard #2a, based upon the Planning Commission's
recommendation. The motion, seconded by Commissioner Kirby, carried
unanimously. Commissioner Johnson moved to deny the request to amend
Development Standard 11, as recommended by the Planning Commission.
Commissioner Brantner seconded the motion which carried unanimously.
This Certification was approved on the 9th day of March, 1987.
APPROVED:
BOARATTEST: \m u . 4,.. WELDDCOUN OF COUNTY COMMISSIONERS
Weld County Clerk and Recorder
and Clerk to the Board Go ac rman
€52'1v44-4 o -, EXCUSED DATE OF APPROVAL
D puty County C e C.W Kirby, Pro-Tem
Gene R. Brantner
J cque ne J on
EXCUSED
Frank Yamaguchi
TAPE #87-20 & #87-21
DOCKET #87-6
PL0020
870143
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: MARCH 4, 1987
DOCKET # 87-6 AMEND USR, CHANGE DEVELOPMENT STANDARDS - SUNSHINE VALLEY PETROLEUM CORP.
DOCKET # 87-9 USR, RECREATIONAL TRAIN FACILITY - CHARLES HOBDAY
DOCKET #
NAME ADDRESS HEAPING ATTENDING
1
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(/'icL I , : HI 7.i �.7— /H�(1 ≤/I K .-�( Cs-i el it., ,'( tAt
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.—A—v—i „ b 9 e o g c( 3 9 FT L;1 PT<n,v c f' 7—j
870159
WILLIAM G. CREWS
Oil and Gas
1223 28TH AVENUE, SUITE 2
GREELEY,COLORADO 80631 ( 351-0733(G
(3303)03)659-7710 (DENVER)
)
June 3, 1987
Union Colony Bank
1701 23rd Avenue
Greeley, CO 80631
Gentlemen:
This letter, when executed by the Board of Weld County Commissioners, will
constitute a request of Sunshine Valley Petroleum Corporation and the Weld
County Board of Commissioners that you close the following five IIA accounts
and prepare a cashier's check for the principal and interest therein made
payable to the order of Mazuma Turnkey Contractors, Inc. , 11990 Grant Street,
Suite 218, Northglenn, Colorado 80233:
30-23689 (Weld County/Sunshine Valley SVP-Hoshiko #2-33)
30-22897 (Weld County/Sunshine Valley SVP-Hoshiko #3-33)
30-23697 (Weld County/Sunshine Valley SVP—Hungenberg #7-33)
30-23435 (Weld County/Sunshine Valley SVP—Bliss #15-33)
30-23494 (Weld County/Sunshine Valley SVP—Noffsinger #2-4)
Please note that account #30-22918 (Weld County/Sunshine Valley SVP—Hoshiko
#1-33) shall not be affected by this request.
When the cashier's check is ready for delivery, please contact Cynthia A. E.
Zeren at my office to notify her in order that she may personally accept
delivery.
If you have any questions, please give me a call.
Very truly yours,
SUNSHINE VALLEY PETROLEUM CORPORATION
By: l ,
William G. Crews, Attorney-in-Fact w
WGC:ric
cc:Sunshine Valley Petroleum Corporation
Mazuma Turnkey Contractors, Inc. •
THE ABOVE REQUEST IS APPROVED THIS 15TH DAY OF JUNE, 1987 (RESOLUTION ATTACHED)
BOARD OF WELD COUNTY COMMISSIONERS A-i 7 y7Y2C. -Az" aczznv"
T F2zrl✓ „LaJ .424
By; � 1p/��
Gordon E. Lacy, Chairman &C �Gl ¢iire�i���
�� 870481
�yn2�
LOHF 8, BARNHILL, P. C.
ATTORNEYS AT LAW
900 CHERRY TOWER
950 SOUTH CHERRY
DENVER,COLORADO 80222
303 753-9000
TELECOPIER 303 753-999'7
MAILING ADDRESS.
P.O.BOX 24105
DENVER,COLORADO 80224
J. MICHAEL MORGAN
March 2 , 1987
Inr. Keith Shuet
Department of Planning Services
915 Tenth Street
Greeley, Colorado 80631
Re: Amended U.S .R. 717 : 85: 64
Dear Mr. Shuet:
We are in receipt of the summary of the Weld County Planning
Commission meeting of February 17, 1987, together with the
Planning Commission' s Resolutions of Recommendations to the
Board of County Commissioners.
In reviewing the Resolutions of Recommendations, we noticed two
instances in which the transcription of the resolution did not
accurately reflect the Commission ' s actions. We believe that
the transcribed resolutions should be corrected as follows :
Development Standard 2 . b. :
In the event that a residential subdivision
development should occur within one
thoucand (1, 000) feet of tite§e a walls the
applicant shall be required to install a
six (6) foot chain link fence with three
(3) strand barbed wire top to enclose bite
that tank battery cluster.
Development Standard 11. :
The applicant shall obtain a performance
bond, irrevocable letter of credit,
certificate or other security satisfactory
to the Board of County Commissioners of
$5, 000. 00 for each well, to ensure
clipiEDN'T
MAR 3 1987
Uly_
87C153 Weld Co. Planning tcmoxsion
Mr. Keith Shuet
March 2, 1987
Page 2
compliance with the requirements of this
permit and other applicable Weld County
Regulations. Such security shall be
retained only until it the well, is capable
of production, and then a single $5, 000 . 00
bond shall be held on the entire area of
this U.S.R. In event of default, it would
be made payable to the Weld County Board of
Commissioners for the purpose of bringing
the well into compliance. When the wells
are capped in accordance with State
regulations the remaining $5, 000 . 00 bond
shall be refunded to the applicant.
We believe these corrections more accurately state the actual
resolution of the Planning Commission. If you agree, please
take whatever actions you believe necessary to cause the
corrected resolution to be presented to the Board. If not,
please give me a call so that we might discuss the matter.
Very truly ours,
j. i a Morgan
JMM:cb
cc: Sunshine Valley
Petroleum Corporation
[PAR 3 1987 \1
8701:53 view Cu Mannif cummISSIM
ae DEPAR" 'ENT OF PLANNING SERVICES
^
��
Y PHONE(303)356-4000 EXT. 4400
915 10th STREET
GREELEY, COLORADO DOO 80 806311 rilfUt 1
COLORADO
NOTICE OF PUBLIC HEARING
The Weld County Planning Commission will conduct a public hearing on
Tuesday, February 17, 1987, at 1:30 p.m. to review a request for approval of
an amendment to an approved Use by Special Review permit to change
Development Standards 2 a. , 2 b. , 5, 8, 9, and 11 from Sunshine Valle,
Petroleum Corporation, The parcel of land is described as the NE}, E} NWf,
W} SE} of Section 33, T6N, R65W and the Ni NW; of Section 4, T5N, R65W of
the 6th P.M. , Weld County, Colorado, containing 400 acres, more or less.
The property is located approximately .25 mile north of the City of Greeley
on Balsam Avenue.
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 February 17, 1987.
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.
Jack Holman, Chairman
Weld County Planning Commission
To be published in the Johnstown Breeze
To be published one (1) time by January 29, 1987
Received by:C j q 1/241,g4:1,7Date: I //,:e /i7
EXHIBIT INVENTORY CONTROL SHEET
Case 1 5f,1:-„, �s-ion
Exhibit Submitted By Exhibit Description
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F y trise2.2.0147
Is G. �T I!/I/�� 7 ---je %jJine /f2/OL�C(B.J`
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870159
INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION
Case Number Amended USR-171:86:64
Submitted or Prepared
Prior
to Hearing at Hearing
1. Application 10 Pages x
2. 1 Applicant plat(s) 1 page(s) 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 y COUNTY C9KIEVOKRS
7. 3 DPS Maps Prepared by Planning Technician X p 57-(777:777;1.111
I 1
8. DPS Notice of Hearing x FEB2 01987
9. DPS Case File Summary Sheet X
GREELEY. COLO.
10. DPS Field Check X
11. BCC resolution of approval - Original USR X
12. Letter of 10/20/86 from C. Cunliffe X
13. Letter of 10/17/86 from William Crews X
14. Letter of 1/28/87 from William Smith X
15. Referral response from Nicholas Matz X
16. Letter of 1/27/87 from Nicholas Matz X
17. Memo of 1/22/87 from Don Carroll X
18. Letter from Don and Beatrice Hungenberg X
19. Letter from Charles Bliss x
20. Letter from Robert Noffsinger X
21. Letter from Dennis Hoshiko X
I hereby certify that the 21 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 itms were forwarded to the
Clerk to the Board's office on February 20, 1987.
Director .."Stitd
STATE OF COLORADO )
COUNTY OF WELD
SUBSCRIBED AND SWORN TO BEFORE ME THIS 20th day of February 1987.
SEAL
CITo c•‘a
N ARY PUBLIC
My Commission Expires My C¢�,mkssicn C.=pi:oe Feb. 13, r29
870153
BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Ann Garrison that the following resolution be introduced for
passage by the Weld County Planning Commission. Be it Resolved by the
Weld County Planning Commission that the application for:
MER MINTY C@N#I PERS
CASE NUMBER: Amended USR-717:85:64 DI ' ‘1J7,
NAME: Sunshine Valley Petroleum Corporation, c/o William G. gre%f EB 2 01987 ail
ADDRESS: 1223 28th Avenue, Greeley, CO 80631 v�y / I . 1 • /
jiLphi
CaRE£LEY. COLD.
REQUEST: Amendment to change Development Standard 11
LEGAL DESCRIPTION: The NEI , E} NW}, W} SEI of Section 23, T6N, R65W
and the Ni NWi of Section 4, T5N, R65W of the 6th
P.M. , Weld County, Colorado
LOCATION: Approximately .25 miles north of the City of Greeley on
Balsam Avenue
The Weld County Planning Commission recommends that Development Standard 11
as proposed by the applicants be denied and that the Development Standard be
amended. Because with the economics of our economy a $5,000.00 bond per
well for the lifetime of the well, which could be twenty years or more, is
unreasonable.
11. The applicant shall obtain a performance bond, irrevocable letter
of credit, certificate or other security satisfactory to the Board
of County Commissioners of $5,000.00 for each well until it is
capable of production, and then a $5,000.00 dollar bond be held on
the entire area. In event of default, it would be made payable to
the Weld County Board of Commissioners for the purpose of bringing
the well into compliance. When the wells are capped in accordance
with State regulations the remaining $5,000.00 shall be reunded to
the applicant.
Motion seconded by Louis Rademacher.
Motion seconded by Paulette Weaver.
VOTE:
For Passage Against Passage
Louis Rademacher
LeAnn Reid
Ivan Gosnell
Lynn Brown
Lydia Dunbar
Paulette Weaver
Ann Garrison
Jack Holman
870153
Amended USR-717:85:64
Sunshine Valley Petroleum Corporation
Page 2
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 February 17, 1987, and recorded in Book
No. XI of the proceedings of the said Planning Commission.
Dated the 18th day of February, 1987.
rirA
Bobbie Good
Secretary
BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Paulette Weaver that the following resolution be introduced for
passage by the Weld County Planning Commission. Be it Resolved by the Weld
County Planning Commission that the application for:
CASE NUMBER: Amended USR-717:85:64
NAME: Sunshine Valley Petroleum Corporation, c/o William G. Crews
ADDRESS: 1223 28th Avenue, Greeley, CO 80631
REQUEST: Amendment to change Development Standards 8 and 9
LEGAL DESCRIPTION: The NE}, E} NW}, W} SE} of Section 23, T6N, R65W and the
NI NW} of Section 4, T5N, R65W of the 6th P.M. , Weld
County, Colorado
LOCATION: Approximately .25 miles north of the City of Greeley on Balsam
Avenue
The Weld County Planning Commission recommends that the proposed Development
Standards 8 and 9 be approved.
- The property is currently being utilized for agricultural
production.
- Residential development of the property with the present zoning
classification is dependent on the available public water and
sewer service.
- The surface land owners have indicated their dissatisfaction to
the applicant with the 300 foot setback requirement because it
interferes with agricultural production.
- Proposed Development Standard 8 addresses potential noise impacts
of the pumps if residential development should occur in the
immediate area.
The Planning Commission would recommend that Development Standard Number 9
be amended to read: Setbacks and offsets for oil and gas production
facilities shall be in compliance with the Weld County Zoning Ordinance.
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:
•
Amended USR-717:85:64
Sunshine Valley Petroleum Corporation
Page 2
1. The attached Development Standards for the Use by Special Review
permit be adopted and placed on the Use by Special Reivew plat
prior to recording the plat.
Motion seconded by Lynn Brown.
VOTE:
For Passage Against Passage
Louis Rademacher
LeAnn Reid
Ivan Gosnell
Lynn Brown
Lydia Dunbar
Paulette Weaver
Ann Garrison
Jack Holman
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 February 17, 1987, and recorded in Book
No. XI of the proceedings of the said Planning Commission.
Dated the 18 day of February, 1987.
Bobbie Good
Secretary
p( e
BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Ann Garrison that the following resolution be introduced for
passage by the Weld County Planning Commission. Be it Resolved by the
Weld County Planning Commission that the application for:
CASE NUMBER: Amended USR-717:85:64
NAME: Sunshine Valley Petroleum Corporation, c/o William C. Crews
ADDRESS: 1223 28th Avenue, Greeley, CO 80631
REQUEST: Amendment to change Development Standard 2a
LEGAL DESCRIPTION: The NE}, E} NW}, W} SE} of Section 23, T6N, R65W
and the Ni NW} of Section 4, T5N, R65W of the 6th
P.M. , Weld County, Colorado
LOCATION: Approximately .25 miles north of the City of Greeley on
Balsam Avenue
The Weld County Planning Commission recommends that Development
Standard 2a, as proposed by the applicants be denied and that the
Development Standard remain as it exists at the present time.
- This Development Standard relates to ensuring adequate protection
of the health, safety, and welfare of the inhabitants of the
neighborhood and the County.
- Deleting or amending this standard would either eliminate the
requirement or delegate the administration of the requirements to
a state agency. The County would prefer to have local control and
guarantees that the requirements of the Development Standards are
complied with.
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.
Motion seconded by Paulette Weaver.
VOTE:
For Passage Against Passage
Louis Rademacher
LeAnn Reid
Ivan Gosnell
Lynn Brown
Lydia Dunbar
Paulette Weaver
Ann Garrison6'7 6'-
Jack Holman
Amended USR-717:85:64
Sunshine Valley Petroleum Corporation
Page 2
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 February 17, 1987, and recorded in Book No. XI of the proceedings of the
said Planning Commission.
Dated the 18th day of February, 1987.
oVJ. , v eA
Bobbie Good
Secretary
87C-153
BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Paulette Weaver that the following resolution be introduced for
passage by the Weld County Planning Commission. Be it Resolved by the Weld
County Planning Commission that the application for:
CASE NUMBER: Amended USR-717:85:64
NAME: Sunshine Valley Petroleum Corporation, c/o William G. Crews
ADDRESS: 1223 28th Avenue, Greeley, CO 80631
REQUEST: Amendment to change Development Standard 2b
LEGAL DESCRIPTION: The NEI, E} NW}, W} SE of Section 23, T6N, R65W and the
Ni NW$ of Section 4, T5N, R65W of the 6th P.M. , Weld
County, Colorado
LOCATION: Approximately .25 miles north of the City of Greeley on Balsam
Avenue
The Weld County Planning Commission recommends that Development Standard 2b,
as recommended by the applicants be denied and that the Development Standard
be amended to read as follows:
2. b. In the event that a residential subdivision development should
occur within one thousand (1,000) feet of these wells the
applicant shall be required to install a six (6) foot chain link
fence with three (3) strand barbed wire top to enclose the tank
battery cluster.
The Planning Commission's recommendation for approval is conditional upon
the following:
1. The attached Development Standards for the Use by Special Review
permit be adopted and placed on the Use by Special Reivew plat prior to
recording the plat.
Motion seconded by Lynn Brown.
VOTE:
For Passage Against Passage
Louis Rademacher
LeAnn Reid
Ivan Gosnell
Lynn Brown
Lydia Dunbar
Paulette Weaver
Ann Garrison
Jack Holman
� iy 53
Amended USR-717:85:64
Sunshine Valley Petroleum Corporation
Page 2
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 February 17, 1987, and recorded in Book No. XI of the proceedings of the
said Planning Commission.
Dated the 18th day of February, 1987.
Bobbie Good
Secretary
8f. 7015:3
CJ. S.xy..
-BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Paulette Weaver that the following resolution be introduced for
passage by the Weld County Planning Commission. Be it Resolved by the Weld
County Planning Commission that the application for:
CASE NUMBER: Amended USR-717:85:64
NAME: Sunshine Valley Petroleum Corporation, c/o William G. Crews
ADDRESS: 1223 28th Avenue, Greeley, CO 80631
REQUEST: Amendment to change Development Standard 5
LEGAL DESCRIPTION: The NE} , E} NW}, W} SE} of Section 23, T6N, R65W and the
Ni NW} of Section 4, T5N, R65W of the 6th P.M. , Weld
County, Colorado
LOCATION: Approximately .25 miles north of the City of Greeley on Balsam
Avenue
The Weld County Planning Commission recommends that Development
Standard 5 as proposed by the applicants be denied and that the
Development Standards remain as it exists at the present time.
- This Development Standards relates to ensuring adequate protection
of the health, safety, and welfare of the inhabitants of the
neighborhood and the County.
- Deleting or amending this standard would either eliminate the
requirements or delegate the administration of the requirements to
a state agency. The County would prefer to have local control and
guarantees that the requirements of the Development Standards are
complied with.
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.
Motion seconded by Ann Garrison.
VOTE:
For Passage Against Passage
Louis Rademacher
LeAnn Reid
Ivan Gosnell
Lynn Brown
Lydia Dunbar
Paulette Weaver
Ann Garrison
Jack Holman
€70 51
Amended USR-717:85:64
Sunshine Valley Petroleum Corporation
Page 2
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 February 17, 1987, and recorded in Book No. XI of the proceedings of the
said Planning Commission.
Dated the 18th day of February, 1987.
Ao�ti �moa
Bobbie Good
Secretary
Date: February 17, 1987
CASE NUMBER: Amended USR-717:85:64
NAME: Sunshine Valley Petroleum Corporation, c/o William G. Crews
ADDRESS: 1223 28th Avenue, Greeley, CO 80631
REQUEST: Amendment to change Development Standards 2a, 2b, 5, 8, 9, and 11
LEGAL DESCRIPTION: The NEI, E} NW}, W} SE} of Section4 3, T6N, R65W and the
Ni NW} of Section 4, T5N, R65W of the 6th P.M. , Weld
County, Colorado
LOCATION: Approximately .25 miles north of the City of Greeley on Balsam
Avenue
The Department of Planning Services recommends that the proposed Development
Standards 8 and 9 be approved.
- The property is currently being utilized for agricultural
production.
— Residential development of the property with the present zoning
classification is dependent on the available public water and
sewer service.
- The surface land owners have indicated their dissatisfaction to
the applicant with the 300 foot setback requirement because it
interferes with agricultural production.
- Proposed Development Standard 8 addresses potential noise impacts
of the pumps if residential development should occur in the
immediate area.
The staff would recommend that Development Standard Number 9 be amended to
read: Setbacks and offsets for oil and gas production facilities shall be
-in compliance with the Weld County Zoning Ordinance.
The Department of Planning Services recommends that Development Standards
2a, 2b, 5, and 11 as proposed by the applicants be denied and that the
Development Standards remain as they exist at the present time.
- These Development Standards relate to ensuring adequate protection
of the health, safety, and welfare of the inhabitants of the
neighborhood and the County.
- Deleting or amending these standards would either eliminate the
requirements or delegate the administration of the requirements to
a state agency. The County would prefer to have local control and
guarantees that the requirements of the Development Standards are
complied with.
870/ 53
Amended USR-717:85:64
Sunshine Valley Petroleum Corporation
Page 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 Use by Special Review
permit be adopted and placed on the Use by Special Reivew plat
prior to recording the plat.
7sa.qC1 9.-.q�
DEVELOPMENT STANDARDS
Sunshine Valley Petroleum Corporation
-USR-Amended 717:85:64
1. The Use by Special Review permit is for oil and gas production
facilities in an 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
hereon.
2. All tank batteries 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 (6) foot chain link fence with three (3) strand barbed
wire top shall enclose the tank battery cluster.
c. All tank batteries shall be painted a wheat color as
recommended by the City of Greeley.
3. Smoking shall not be permitted at any well location or tank battery
location at any time, and signs indicating such prohibition shall be
placed on the well site and at the tank battery location.
4. Adequate fire fighting apparatus shall be maintained on the well site
at all times during drilling and production.
5. Prior to drilling, a metal sign shall be placed on the property
indicating the name and telephone number of the person(s) to contact in
the event of an emergency.
6. Noise standards as delineated in C.A.S. 25-10-101 et seq. , must be
maintained.
7. All land within twenty-five (25) feet of any oil or gas tank containing
flammable or combustible materials, or other appurtenant well
production equipment shall be kept free of dry weeds, grass, or
rubbish.
8. If and when low density residential development takes place within
three hundred (300) feet of any well drilled hereunder, operator shall
muffle any gas powered motors used in connection with pumping unit to a
noise level no greater than the level of an electric motor, and
nonhydraulic pumps shall be replaced by hydraulic pumps.
9. Setbacks and offsets for oil and gas production facilities shall be in
compliance with the Weld County Zoning Ordinance.
10. The on-site oil and gas storage shall meet the City of Greeley's
Uniform Fire Code.
Amended USR-717:85:64
Sunshine Valley Petroleum Corporation
Development Standards
Page 2
11. The applicant/operator shall provide a five thousand dollar ($5,000.00)
performance bond, irrevocable letter of credit, certificate of deposit,
or other security satisfactory to the Board of County Commissioners for
each well guaranteeing that the applicant/operator would meet the
requirements of this permit and other applicable Weld County
Regulations. In event of default, it would be made payable to the Weld
County Board of Commissioners for the purposes of bringing the well
into compliance until the well is capped in accordance with State
regulations.
12. No permanent disposal of wastes shall be permitted on the site.
13. 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.
14. 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.
15. 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.
16. All construction done on the property shall be in accordance with the
requirements of the Weld County Building Code Ordinance.
17. The property owner or operator shall be responsible for complying with
the Design Standards of Section 24.5 of the Weld County Zoning
Ordinance.
18. The property owner or operator shall be responsible for complying with
the Operation Standards of Section 24.6 of the Weld County Zoning
Ordinance.
19. Personnel from the Weld County Health Department, Weld County
Department of Planning Services, and the Western Hills and Eaton Fire
Protection Districts shall be granted access onto the property at any
reasonable time in order to insure the activities carried out on the
property comply with the Development Standards stated herein and all
applicable Weld County Regulations.
87C":159
Amended USR-717:85:64
Sunshine Valley Petroleum Corporation
Development Standards
Page 3
20. The Use by 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.
21. 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.
8 70 fi° r-[�
T wYi e3'
ADDITIONAL COMMENTS
Sunshine Valley Petroleum Corporation
Amended USR-717:85:64
The City of Greeley Planning Department in a letter dated January 27, 1987,
objects to the relaxation of the timing or implementation of Development
Standards 2b, 8, and 9. It has no objection to any standards where the
County believes that the application of State Standards are as strict as the
previously recommended Development Standards.
•
87C:153
TO: Weld County Planning Commission and
Board of County Commissioners of Weld County
RE: Application of Sunshine Valley Petroleum for Amendments to USR-
717:85:64
Dear Commissioners:
We are owners of agricultural property in Weld County, Colorado covered by Use
by Special Review (USR) 717:85:64, which was granted to allow the drilling of
oil and gas wells. Though our property is used only for agriculture, and now
oil and gas production, the USR was required because of existing residential
zoning.
A copy of the Application of Sunshine Valley Petroleum for amendments to USR
717:85:64 has been provided to us. We support Sunshine's Application. Our
reasons follow:
1. Our land is used for farming. The fencing requirement is likely to
cause excessive weed growth detrimental to farming. No fencing should be
required unless and until the surrounding area is used for residential use,
when fencing might actually be necessary.
2. The use of hydraulic pumps is not necessary on our agricultural lands.
These pumps will be located close to the center of fields and well away from
development. Use of these pumps will increase operating costs, possibly
reducing the duration of royalty payments to us. This seems senseless unless
and until residential development approaches the pumps.
3. The requirement that tanks, separators and other facilities be located
at least 300 feet from property lines is contrary to good agricultural
practices. This would place these facilities, and their access roads, in the
middle of productive agricultural land. Agricultural land would be taken out
of production and normal farming operations would be disrupted. Production
facilities should be located as close to the edge of our fields as possible.
4. Section II of Sunshine's Application addressed three instances in which
regulations of the Colorado Oil and Gas Conservation Commission and Weld
County are duplicative. As royalty owners we recognize that duplication of
regulations may increase operating costs and possibly reduce the duration of
our royalty payments. As citizens of Weld County and the State of Colorado we
are opposed to duplication of governmental regulation. Absent a pressing
need, we support Sunshine's request that these conditions be modified to
require that Sunshine comply with applicable regulations of the Oil and Gas
Conservation Commission.
Dated this el day of -February 1987.
cy
onald Hungenberg 6;7
j1-1Beatrice L. Hung1PLNPI4Address: 976 Balsam Avenue 1 Il
Greeley, CO 80631 1987
Weld Co. Manning Commissta'
-£870159
TO: Weld County Planning Commission and
Board of County Commissioners of Weld County
RE: Application of Sunshine Valley Petroleum for Amendments to USR-
717:85:64
Dear Commissioners:
I am an owner of agricultural property in Weld County, Colorado covered by Use
by Special Review (USR) 717:85:64. This USR was granted to allow the drilling
of oil and gas wells. Though my property is used only for agriculture, and
now oil and gas production, the USR was required because of existing
residential zoning.
A copy of the Application of Sunshine Valley Petroleum for amendments to USR
717:85:64 has been provided to me. I support Sunshine's Application. My
reasons follow:
1. My land is used for farming. The fencing requirement is likely to cause
excessive weed growth detrimental to farming. No fencing should be required
unless and until the surrounding area is used for residential use, when
fencing might actually be necessary.
2. The use of hydraulic pumps is not necessary on my agricultural lands.
These pumps will be located close to the center of fields and well away from
development. Use of these pumps will increase operating costs, possibly
reducing the duration of royalty payments to me. This seems senseless unless
and until residential development approaches the pumps.
3. The requirement that tanks, separators and other facilities be located
at least 300 feet from property lines is contrary to good agricultural
practices. This would place these facilities, and their access roads, in the
middle of productive agricultural land. Agricultural land would be taken out
of production and normal farming operations would be disrupted. Production
facilities should be located as close to the edge of my fields as possible.
4. Section II of Sunshine's Application addressed three instances in which
regulations of the Colorado Oil and Gas Conservation Commission and Weld
County are duplicative. As a royalty owner I recognize that duplication of
regulations may increase operating costs and possibly reduce the duration of
my royalty payments. As a citizen of the State of Colorado I am opposed to
duplication of governmental regulation. Absent a pressing need, I support
Sunshine's request that these conditions be modified to require that Sunshine
comply with applicable regulations of the Oil and Gas Conservation Commission.
Dated this // day of February 1987.
//
Charles W. Bliss
Kinikinik Ranch 0
40738 Poudre Canyon
Bellvue, CO 80512
FEB 17 1987 (1
Weld co. Nanning commis :701.5:3
TO: Weld County Planning Commission and
Board of County Commissioners of Weld County
RE: Application of Sunshine Valley Petroleum for Amendments to USR-
717:85:64
Dear Commissioners:
Noffsinger Manufacturing, Inc. ("Noffsinger") is an owner of property covered
by Use by Special Review (USR) 717:85:64, granted to allow the drilling of oil
and gas wells. Though the property is used only for agriculture , and now oil
and gas production, the USR was required because of existing residential
zoning.
A copy of the Application of Sunshine Valley Petroleum for amendments to USR
717:85:64 has been provided to Noffsinger, and we support Sunshine's
Application. Our reasons follow:
1. Noffsinger 's land is used for farming. The fencing requirement is
likely to cause excessive weed growth detrimental to farming. No fencing
should he required unless and until the surrounding area is used for
_residential use, when fencing might actually be necessary.
2. The use of hydraulic pumps is not necessary on Noffsinger's agricultural
lands. These pumps will be located close to the center of fields and well
away from development. Use of these pumps will increase operating costs,
possibly reducing the duration of royalty payments to our company. This seems
senseless unless and until residential development approaches the pumps.
3. The requirement that tanks, separators and other facilities be located
at least 300 feet from property lines is contrary to good agricultural
practices. This would place these facilities, and their access roads, in the
middle of productive agricultural land. Agricultural land would be taken out
of production and normal farming operations would be disrupted. Production
facilities should be located as close to the edge of our fields as possible.
4. Section II of Sunshine's Application addressed three instances in which
regulations of the Colorado Oil and Gas Conservation Commission and Weld
County are duplicative. As a royalty owner Noffsinger recognizes that
duplication of regulations may increase operating costs and possibly reduce
the duration of its royalty payments. As a corporate citizen of Weld County
and the State of Colorado, Noffsinger is opposed to duplication of
• governmental regulation. Absent a pressing need, we support Sunshine's
request that these conditions be modified to require that Sunshine comply with
applicable regulations of the Oil and Gas Conservation Commission .
tk
Dated this 9--
day of February 1987.
NOFFSINGER MANUFACTURING CO. , INC.
•
by: �-- ee �! Address: P. 1 1 j)
Robert W. No ge Jr. G e}%; �O(IT
FEB 17 1987
?Old Cu. PlarjIuil; 4um:ulssinr.
F.3704).a9
TO: Weld County Planning Commission and
Board of County Commissioners of Weld County
RE: Application of Sunshine Valley Petroleum for Amendments to USR-
717:85:64
Dear Commissioners:
Hoshiko Farms, Inc. ("Hoshiko") is an owner of property covered by Use by
Special Review (USR) 717:85:64, granted to allow the drilling of oil and gas
wells. Though the property is used only for agriculture, and now oil and gas
production, the USR was required because of existing residential zoning.
A copy of the Application of Sunshine Valley Petroleum for amendments to USR
717:85:64 has been provided to Hoshiko, and we support Sunshine's Application.
Our reasons follow:
1. Hoshiko's land is used for farming. The fencing requirement is likely
to cause excessive weed growth detrimental to farming. No fencing should be
required unless and until the surrounding area is used for residential use,
when fencing might actually be necessary.
2. The use of hydraulic pumps is not necessary on Hoshiko's agricultural
lands. These pumps will be located close to the center of fields and well
away from development. Use of these pumps will increase operating costs,
possibly reducing the duration of royalty payments to our company. This seems
senseless unless and until residential development approaches the pumps.
3. The requirement that tanks, separators and other facilities be located
at least 300 feet from property lines is contrary to good agricultural
practices. This would place these facilities, and their access roads, in the
middle of productive agricultural land. Agricultural land would be taken out
of production and normal farming operations would be disrupted. Production
facilities should be located as close to the edge of our fields as possible.
4. Section II of Sunshine's Application addressed three instances in which
regulations of the Colorado Oil and Gas Conservation Commission and Weld
County are duplicative. As a royalty owner Hoshiko recognizes that
duplication of regulations may increase operating costs and possibly reduce
the duration of its royalty payments. As a corporate citizen of Weld County
and the State of Colorado, Hoshiko is opposed to duplication of governmental
regulation. Absent a pressing need, we support Sunshine's request that these
conditions be modified to require that Sunshine comply with applicable
regulations of the Oil and Gas Conservation Commission.
Dated this /1 day of February 1987.
HOSHIKO FARMS, INC.
bY: � �_ 7 i
/-n'��-� v� Address: c/o North Weld Produce
Dennis J. o iko 9th. Ave. at 1st. Street
pjR ,ey\ty 80631
FEB 2 7r 198V 7
Weld Cu. (aart6iu 67,'u1 59
LAND-USE APPLICATION
SUMMARY SHEET
Date: February 10, 1987
CASE NUMBER: Amended USR-717:85:64
NAME: Sunshine Valley Petroleum Corporation, c/o William G. Crews
ADDRESS: 1223 28th Avenue, Greeley, CO 80631
-REQUEST: Amendment to change Development Standards 2. a. , 2. b. , 5., 8. ,
9. , and 11.
LEGAL DESCRIPTION: The PIE}, E} NW}, W} SE} of Section 23, T6N, R65W and the
N} NWk of Section 4, T5N, R65W of the 6th P.M. , Weld
County, Colorado
LOCATION: Approximately .25 miles north of the City of Greeley on Balsam
Avenue
SIZE OF PARCEL: 400 acres, more or less
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS:
The criteria for review of this proposal is listed in Section 24.3 of the
Weld County Zoning Ordinance.
The applicant wishes to change certain development standards that were
approved with the original Use by Special Review permit.
Copies of letters from referral agencies responding with specific comments
or recommendations are attached.
The Department of Planning Services has had no objections to this request
from surrounding property owners.
A copy of the Board of County Commissioner's resolution approving the
original Use by Special Review permit is attached. The Development
Standards for the original permit are attached with the resolution. Minor
changes were made to Development Standards #9 and 11 by the Board of County
Commissioners in October, 1986. The approved changes are summarized in a
letter dated October 20, 1986, to Mr. William Crews from Chuck Cunliffe. A
copy of that letter is attached.
8701
5..
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REFERRAL LIST
APPLICANT: Sunshine Valley Petroleum Corporation CASE NUMBER: Amended USR-717:85:64
SENT REFERRALS OUT: January 19, 1987 REFERRALS TO BE RECEIVED BY: February 2, 1987
NO SR NR NO SR NR
_ County Attorney
j( X Weld County Health Dept'.
XX Engineering Department•
X Office of Emergency Mngmt.
X Paulette Weaver.
Planning Commission Member
1725 12th Avenue
Greeley, CO 80631
X X Greeley Soil Conservation District•
4302 9th Street Road
Greeley, CO 80634
X Eaton Fire District-
c/o Duane Wilson
Route 2 Box 152
Eaton, CO 80615
x X City of Greeley Planning Department-
c/o Steve Hill
919 7th Street
Greeley, CO 80631
X Western Hills Fire Protection District•
c/o Brian W. Newkirk
1804 Cherry Avenue
Greeley, CO 80631
X Greeley-Weld County Airport,
c/o Fred Yeager
P.O. Box 727
Greeley, CO 80632
X Colorado Oil and Gas Commission•
Room 721
Centennial Building
1313 Sherman Street
Denver, CO 80203
NO=No Objection
SR=Specific Recommendations
NR—No Response
8733 i
mORIV1DU
`roc. To Department of Planning Data January 30 1987
COLORADO From Health Protection Services — Wes Potter
Subject: Amended USR-717:85:64
I find no problems with the development standard, (especially
2 (a)) and recommend they stand as approved.
WP/djs
11 JAN 30 1987
LA
Weld Co. Planning Commission
_ t
STATE OF COLORADO
OILAdD GAS CONSERVATION COMMISSION
DEPARTMENT OF NATURAL RESOURCES
SUITE 380 LOGAN TOWER BUILDING
1580 LOGAN STREET
DENVER, COLORADO 80203
WILLIAM R.SMITH RICHARD D. LAMM
Director (303)866-3531 Governor
FRANK J. PIRO
Deputy Director
January 28, 1987
Department of Planning Services
Attn: Chuck Cunliffe
915 - 10th Street
Greeley, CO 80631
Re: Case Number Amended USR-717-85-64
Gentlemen:
We appreciate the opportunity to review the
' Application For Amendemnet to Use By Special Review 717 : 85:64 .
Our area engineer visited the area and we would like to make
the following comments:
I . A. We concur with the comments of Sunshine Valley
Petroleum Coproration (Sunshine) and would
suggest, for the record that an affadavit be
obtained from the land owners supporting their
reasonable requests. This would be in accord
with our rule 604 . 3 (c) . We do suggest that
consideration be given to placing a lock on the
stock tank drains if a vandal threat exists .
B. With the present state of the oil and gas
industry, it is important that we who are
responsible for regulating industry carefully
evaluate the need and fiscal impact of our
requirements. I think the Sunshine proposal is
in order and will still accomplish the noise
restriction required.
C. The issue of location of producing facilities was
probably one of greatest concerns when our
Commission promulgated its rules and
regulations. Considerations of farm owners
concerning the probability of accident were
discussed.
870153
The rule, finally by the Commission, 604 .1 (b)
states" Tanks shall be located 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 tanks shall be 2/3
of the diameter from the nearest side of the
public way or easement. " We think this meets
both sides of the issue.
II . A & B We would recommend the permit provide for
compliance with the Rules and Regulations of the
Oil and Gas Conservation Commission.
C. The Commission' s bonds, $5000 .00 for plugging and
$2000.00 - $5000 .00 for surface protection in the
case of severed minerals , both provide for
restoration of the location upon abandonment.
C.R.S. 34-60-121 provides for a penalty of not
more than one thousand dollars for each violation
of the Oil and Gas Conservation Act, rules,
regulations and orders of the Commission and for
each day such violation continues. The
requirements under "C" appear to be duplicative
of this protection.
We recognize the responsibility of counties often
cover areas not covered under the Oil and Gas Conservation Act
and are dedicated to assisting them in these efforts.
Hopefully, the above comments will be helpful in supporting
this effort.
The cooperation between Weld County and this
Commission has always been greatly appreciated. If you have
any questions or would like further comments on the above
please contact us.
Yours very truly,
William R. Smith, P.E .
Director
WRS/clk
4738C
cc:Sunshine Valley Petroleum Corp.
c/o William G. Crews
1223 28th Ave. Suite 2 r-
Greeley,
Greeley, CO 80631 !4 `[1 7
Steve Pott \ JAN 30 1987
2 -
f37"41
..i._,_..�:... Aalfi AIi ioyiTrUil.1111
f 55
�, A PRONE I�0 1
"i ' ^L ^
915 tJ:� ST�:ET
(e9 j GREELEY, COLORADO 40631 P1):: ::i3 fi
. "`' [' o CASE NUMBER Amended IISR-717-85-64
COLOR A.DO
January 19, 1987
TO WHOM IT MAY CONCERN:
Enclosed is an application from Sunshine Valley Petroleum Corporation for an
amendment to change Development Standards 2 a. , 2 b. , 5, 8, 9, and 11. The
parcel of land is described as the NE} , E} 1:7}, W} SE} of Section 33, T6N,
R65W and the Ni 1,711 of Section 4, 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 .25 mile north of the City of Greeley on
Balsam 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.
Please reply by February 2, 1987, so that we may give full consideration to
your recommendation. Please call Chuck Cunliffe 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. )0 We have reviewed th' request and find that the request
(does es 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 to you prior to:
5. r Ple se refer to the enclosed letter. �'—
8 Iq� c
Signed' �� Agency: Cry ( if t • t
J N 28 1987
Date: ('2L, "91 1 t\ Jr
''R1 til
x"' Yield Cu. Planning cummis:wlL
(c7'-s
INCORPORATED a a YEARS
Crt o GREELEY CIV$C CENTER, GREELEY, COLORADO 80631 (303) 353-6123
� Y
\Greeley January 27 , 1987
Keith Schuett , Current Planner
Weld County Department of Planning Services
• 915 10th Street
Greeley, CO 80631
RE: Case Number Amended USR-717-85-64 (City #5 : 87)
Dear Keith:
The Greeley 1986 Comprehensive Plan suggests ( 3 . 3) that industrial
development be geographically separated ( in this case , through the use of
oil and gas well placement standards) from other land uses if it is of a
high impact nature that could generate significant negative external
impacts .
Under the 1971 Comprehensive Plan this use was suggested as appropriate
within the municipal referral area because it was outside the 2010 Growth
Ring and in an area suggested for agricultural uses . However , it is
within 1 /2 mile of industrial uses to the west and south. It was with
this proximity and the potential for future development in this area that
the city Planning Commission recommended adherence to municipal standards
for oil and gas safety regulation .
This site is generally with the city ' s Long Range Expected Growth Area
(LREGA) , where compatibility with future development should be assured to
avoid conflict . With oil and gas matters , the city would oppose any
relaxation of those adopted standards . Because the LRBGA has identified
areas of present and future development and because the life-span of
these wells can be considered to often be 20 years , there could be a
future conflict .
The proximity of this site to existing development to the west and south
and the potential for future development as outlined in the Comprehensive
Plan and LREGA causes this department to suggest objections to relaxation
of the timing or implementation of development standards especially 2 (b) ,
8 and 9 . Where the county is satisfied that state standards as applied
are as strict as the previously recommended standards , we have no
objection .
Sincer ly,
�Nichol 's . atz
Planne II
870159
1
i J
{ lam 41 a M MORAnDUM
Chuck Cunliffe
WIPi € To Director% PlanningAt Date January 22, 1987
COLORADO From Donald R. Carroll , Administrative Manager - Engineering Dept.
Sunshine Valley Petroleum Corporation (Amendment)
Subject:
I have reviewed the application from Sunshine Valley Petroleum Corporation
for amendment to chance development standards and have no conflicts with
them, but would like to have an additional comment addressed:
1. The access to the tank battery on both ends will require
a 15" culvert or larger as needed for roadway drainage along
county roads.
DRC/bf
JAN 2131987
Weld Co. Swift Y,aasitsle
trr?�,' f F' ART
iLl'..:.as
NOTICE OF PUBLIC NEARING
The Weld County Planning Com-
mission will conduct a public 'mow \"
hearing on February 17, 1987,at
1:30 p.m.to review a request for
approval of a Use by Special
Review permit for an 800 head
dairy operation from Jack Dinis
the parcel of land is described as
part of the SEy of section 16. AFFIDAVIT OF PUBLICATION
T6N,R64W of the 6th P.M.Weld
County, Colorado, containing 70 NOTICE OF PUBLIC NEARING
acres,more or less.The property
is located approximately north of The Weld County Planning Com-
State Highway 392 and west of mission will conduct a public THE JOHNSTOWN BREEZE
Weld County Road 55 (on Weld hearing at 1:30 p.m.,on Tuesday. STATE OF COLORADO I
County Road 55). February 3. 1987, in the County I SS
Commissioners' Hearing Room,
The public hearing to be held by First Floor, (No. 101), Weld COUNTY OF WELD J
the Weld County Planning Com- County Centennial Center, 915
mission for the consideration of Tenth Street, Greeley, Colorado, I, Clyde Briggs, do solemnly swear that I
the above referenced request will for the purpose of considering
be conducted in the Weld-County amendments to Section 28 of the am publisher of The Johnstown Breeze;
Commissioners' Hearing Room, Weld County Zoning Ordinance First Floor,Weld County Canton- and the addition of Section 54 to that the same is a weekly newspaper
nial Center, 915 Tenth Street the Weld County Zoning Ordin- printed, in whole or in part, and published
Greeley, Colorado. Comments or ance.Amendments to-Section 28 in the of Weld, State of Colorado,
.o County
.objections related to the above of the Weld County Zoning
request should be submitted in Ordinance consider revising the and has a general circulation therein; that
writing to the Weld County Planned Unit Development
Department of Planning Services. Sketch Plan, Change of Zone, said newspaper has been published
915 Tenth Street Room 342, and Planned Unit Development Greeley,Colorado 80631. before Plan procedures for develop-
continuously and uninterruptedly in said
the above date or presented at ments in the unincorporated County of Weld for a period of more than
the public hearing on February areas of the County. Section 54
17, 1987. - of the Weld County ZPnlno fifty-two consecutive weeks prior to the
Copies of the application are Ordinance establishes a Planned first publication of the annexed legal notice
available for public inspection in Unit Development Overlay Dis
the Department of Planning trict for the purpose of reviewing or advertisement; that said newspaper has
Services, Room 342, Weld commercial and industrial anderesments, and subdivisions been admitted to the United States mails as
-County Centennial Center, 915
Tenth Street Greeley,Colorado,- and residential 1-25 Mixed Use siens with-o second-class matter under the provisions of
Yin the Develop-
-Phone - 3563000. Extension - ment Area and Activity Centers. the Act of March :$, 1879, or any
4400. - All persons in any manner amendments thereof, and that said
Jack Holman, Chairman ' interested are requested to
Weld County Planning attend the hearing and may oe newspaper is a weekly newspaper duly
Commission heard.• qualified for publishing legal notices and
TConies of the application are advertisements within the meaning of the,
town o be published in the Johns- available for public inspection in
Breeze ' the Department of Planning laws of the State of Colorado.
To be published one(1) time by 1 Services Room 342, Weld That the annexed legal notice or advertise-
January 30, 1987. ' County Centennial Center, 915
Tenth Street.Greeley,Colorado- ment was published in the regular and
NOTICE OF PUBLIC NEARING ' Phone 356-4000, Extension entire issue of every number of said weekly
• 6400.
The Weld County Planning Com- newspaper for the.period of ...1... consecu-
mission will conduct a public JackWeldHolman,
Planning n live insertions; and that the first
•
bearing on Tuesday,February 17, County
the Issue publication of said notice was in II
1987. at 1:30 p.m. to review a Commission
request tor approval of an said newspaper dated (".•z'i Al).. I
17
by a Special Re Review
P permit Uto own be published in the Johns- and that the last publication of said notice
change Development Standards
2 a., 2 b_, 5, 8, 9, and 11 from To be published one time by was in the issue of said newspaper dated
• Sunshine Valley Petroleum CoriJanuary 22, 1987 A.D. 19
I oration., The pthe
of tend is - In witness whereof I have hereunto set
WWY,u SEY a of st Section 33, TON my`hand this ...24 day of ..1.R65W and the Nth NWy of A.D. 19.x.
.Section 4,T5N, R65 of the 6th
Weld County, Colorado,
Oth
containingprom 400 acres, more or
lest The property ,* located
approximately 25 mile north of
the City of Greeley on Balsam Publisher
Avenue.
The public hearing to be held by
the Weld County Planning Com-
mission for the consideration of• Subscribed and sworn to before rile, a
the above referenced request will
be conducted in the Weld County Notary Public in and for the County of
Commissioners' Hearing Room. W d, State of Colorado this,x` day of
teFirst Floor, Weld County ,/ J
GpN9l Center, o. Tenth Street ' A.D. ltkl:. ....
-Greeley, re Comments w
objections related to the above
request oouttl be submitted l : in � ��u /�/�
writing ep to the Wing- County G,// G
Department of Planning Services, Notary Public.
Greeley Tenth Street
80631mbefo e
the above date or presenteden February
the public hearing on
17, 1987. -
Copies of the application are My commission expires
theforinspection Planning inB Department of Wel �r�-1^IIA 0 \-1
C- „b Expire! June 14, 178/
Services, Room 342, -
Countyy Centennial Center, 915 ;Cut- Y'ir st Avenue
10th Street Greeley. Colorado.
E#e swn FEB 1987
Phone - 356-4000, I 1pr.nsr::Wn„ -. .._.:.i4
4400. - u
Jack Flo Ch
airman ,
We
ld d County Planning
Commission
• To be Published In the Johns- Weld Co. Planniee Gummisslm• „xyyy�.,,. ,� I„_
-I dtown'Breeze _mot
To be published one 11) time by
•
ncary 29 1287
APPLICATION FOR
AMENDMENT TO USE BY SPECIAL REVIEW 717:85:64
Department of Planning Services, 915 Tenth Street, Greeley, 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
The undersigned, SUNSHINE VALLEY PETROLEUM CORPORATION, hereby requests a
hearing before the Weld County Planning Commission and Weld County Board of
County Commissioners concerning certain amendments to Use by Special Review
717:85:64 covering the following described unincorporated area of Weld County,
Colorado:
LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA:
NEB, EINW, WISE,, of Section 33, Township 6 North, Range 65 West, and
N4NWt of Section 4, Township 5 North, Range 65 West
LEGAL DESCRIPTION OF PROPERTY CONTIGUOUS TO SPECIAL REVIEW PERMIT AREA:
SIS4S4 of Section 28
E4W4NW4 of Section 33 ) Township 6 North, Range 65 West
E+W2SW±, E4SW,' W4EiSEt of Section 33 )
WiWiWi of Section 34
EZEiNWi, NIS;NE± of Section 4 ) Township 5 North, Range 65 West
W4WTNW± of Section 3 )
PRESENT ZONE R-1 OVERLAY ZONES Airport
TOTAL ACREAGE 400 acres, more or less
PROPOSED LAND USE Agriculture, oil and gas production
EXISTING LAND USE Agriculture, oil and gas production
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):
Sunshine Valley Petroleum Corporation
950 Stafford
Casper, WY 82609
(307) 237-7854
Attorney-in-Fact: William G. Crews (351-0733. . .Greeley)
LESSEE OF RECORD OF OIL AND GAS RIGHTS UNDER SUBJECT PROPERTIES:
Sunshine Valley Petroleum Corporation
950 Stafford
Casper, WY 82609
STATE OF COLORADO )
COUNTY OF WELD
I hereby depose and state under the penalties of perjury that all statements,
proposals and/or plans submitted with or contained within the application are
true and correct to the best of my knowledge.
William G. Crews, Attorney—in—Fact
Subscribed and sworn to before me this 16th. day of January, 1987
My commission expires: ` UU- $1/99O C1s, g.XJ. l"1✓A-✓4-.,-'1-'y
Notary Public
-
870159
ATTACHMENT
to
APPLICATION FOR
AMENDMENT TO USE BY SPECIAL REVIEW 717:85:64
Sunshine Valley Petroleum Corporation
January 16, 1987
This Application for Amendment to Use by Special Review 717:85:64 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-SURFACE ESTATE with
attached list of all owners of lands within the USR area
and within 500' thereof .
Exhibit C: AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE
with attached list of owners of minerals and lessees
thereof under the USR area.
A reproducible mylar plan map of the USR area and contiguous lands is also
Use by Special Review 717:85:64 was granted by the Weld County Board of County
Commissioners (the "Board") to Energy Minerals Corporation on March 18, 1986.
It authorized the drilling of wells for oil and gas exploration subject to 21
specific Development Standards (the "Standards").
Sunshine Valley Petroleum Corporation ("Sunshine") subsequently received an
assignment of Energy Mineral's leasehold rights. It commenced drilling on
October 21 , 1986, and successfully drilled 6 wells. None are yet producing;
all await the construction or installation of production facilities.
The wells are located northeast of the City of Greeley. The site and
surrounding land has been used for agriculture (mostly irrigated) , and now oil
and gas production. It was zoned R-1 by the Board at a time when residential
development was anticipated in the area. That development has not occurred.
In planning its production facilities, a number of conflicts and problems have
come to Sunshine's attention. It now seeks amendments to certain of the
Standards so it might construct and install its production facilities in a
manner which (1) minimizes interference with surrounding agricultural land
uses, (2) minimizes possible duplication of or conflict with regulations of
the Colorado Oil and Gas Conservation Commission, while (3) maintaining the
Board's land use goals and protecting public health, safety and welfare.
Amendments to USR-717:85:64 are requested to change Standards 2(a), 2(b), 5,
8, 9 and 11 as follows:
I. AMENDMENTS TO REDUCE CONFLICT WITH SURROUNDING AGRICULTURAL LAND USES.
A. AMENDMENT TO STANDARD 2(b) :
EXISTING: A six foot chain link fence with three strand barbed
wire top shall enclose the tank battery cluster.
PROPOSED: (no fence requirement)
REMARKS: A meeting of all involved surface owners or their
representatives was held on January 9, 1987. The landowners were
unanimous in their opinion that fencing will be detrimental to their
use of the land. The present (and foreseeable) surrounding land use
is agricultural, and fencing will likely cause excessive weed
growth. Herbicide use necessary for weed control is not desireable.
Fencing will also take more land out of farm production than a non-
fenced tank battery installation. Due to the agricultural nature of
the surface use, no benefit will result from such fencing, and
detriment to owners may occur.
870159
the surface use, no benefit will result from such fencing, and
detriment to owners may occur.
B. AMENDMENT TO STANDARD 8:
EXISTING: Only hydraulic electric pumps shall be used in
conjunction with the oil and gas production facilities.
PROPOSED: If and when low density residential development takes
place within 300 feet of any well drilled hereunder,
Operator shall muffle any gas powered motors used in
connection with pumping units to a noise level no
greater than the level of an electric motor, and non-
hydraulic pumps shall be replaced by hydraulic pumps.
REMARKS: Given the agricultural nature of the surface use, there is no
demonstrated need for restriction as to the type of pump. The added expense
of such pumps, which is substantial , will be detrimental to the surface
owners who, in all cases, are the oil and gas royalty owners.
If low density residential development takes place, then, and in that event,
conversion of gas motors to electric motors or muffled gas motors and non-
hydraulic pumps to hydraulic pumps would then adequately protect the public
health, safety and welfare.
C. AMENDMENT TO STANDARD 9:
EXISTING: Oil and gas production facilities shall be located at
least three hundred feet (300' ) from property lines or
public rights-of-way.
PROPOSED: Oil and gas production facilities shall be located at
least twenty feet (20' ) from public rights-of-way as
required by applicable Weld County Regulations.
REMARKS: At the meeting referenced above, all landowners strongly
objected to this requirement. In all cases the 300 feet distance
requirement will result in production equipment being placed in the
middle of productive farmland. It would also require loss of
additional farmland for access roads leading to the equipment site.
Inasmuch as the involved lands are used for agricultural purposes,
Applicant requests that the normal 20 feet distance from the edge of
public rights-of-way apply in connection with all wells on lands
covered by this USR.
II. AMENDMENTS BASED UPON DUPLICATION AND STATE PREEMPTION.
In enacting the Colorado Oil & Gas Conservation Act, the General Assembly
delegated exclusive authority to regulate oil and gas to the Colorado Oil and
Gas Conservation Commission (the "O&GCC"). §30-60-105(1) C.R.S. (1973). It
has also granted the Board general authority to enact zoning resolutions.
§30-28-113 C.R.S. (1973) .
Regulations adopted under these two authorities are to be harmonized if
possible. Dines v. Harris, 88 Colo. 22, 291 P. 1024 (1930). However, If the
Board's zoning ordinance conflicts with regulations of the O&GCC, the local
regulation must yield. §30-15-411 C.R.S. (1973), C&M Sand & Gravel v. Board
of County Commissioners of Boulder County, 673 P.2d 1013, 1016 (Colo. App.
1983) , Oborne v. Board of County Commissioners of Douglas County, 84 CV 109,
(District Court of Douglas County, 1985) .
The O&GCC has adopted regulations relating to the safe and efficient
production of oil and gas within the State of Colorado and for reclamation of
affected lands. To the extent that such regulations have been adopted, local
zoning regulation on the same subjects are duplicative. If they conflict by
their terms or in their enforcement with the O&GCC regulations they are void.
Sunshine intends to fully comply with all rules and regulations of the O&GCC
and of the Board. However, it respectfully suggests that the following
2
870159
Development Standards be amended or deleted as indicated, so as to minimize
the possibility of subsequent conflicts or disputes.
A. AMENDMENT TO STANDARD 2(a):
EXISTING: 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.
PROPOSED: (no berm requirement)
REMARKS: Safety Regulation 604.1(d) of the O&GCC requires
"construction of berms around tanks in the absence of remote
impounding and 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."
Applicant does not in any way object to this requirement, but the
Colorado Oil and Gas Conservation Commission has already addressed
this concern.
B. AMENDMENT TO STANDARD 5:
EXISTING: Prior to drilling, a metal sign shall be placed on the
property indicating the name and telephone number of the
person(s) to contact in the event of an emergency.
PROPOSED: (no sign requirement)
REMARKS: Safety Regulation 604.3(d) of the Colorado Oil and Gas
Conservation Commission requires posting of sign(s) with appropriate
emergency numbers unless emergency numbers have been furnished to
the county commission or it's designee.
Applicant does not in any way object to this requirement, but the
Colorado Oil and Gas Conservation Commission has already addressed
this concern.
C. AMENDMENT TO STANDARD 11:
EXISTING: The Applicant/operator shall provide a five thousand
dollar ($5,000.00) performance bond or an irrevocable
letter of credit to each well guaranteeing that the
applicant/operator would meet the requirements of this
permit and other applicable Weld County Regulations. In
event of default, it would be made payable to the Weld
County Board of Commissioners for the purposes of
bringing the well into compliance until the well is
capped in accordance with State regulations. (Emphasis
added. )
PROPOSED: The operator of any well drilled hereunder shall provide
a five thousand ($5,000.00) performance bond,
irrevocable letter of credit, or other security
acceptable to the Board of County Commissioners, the
release of which shall be conditioned upon operator's
compliance with the Development Standards of this USR.
Upon operator's completion of the applicable well in
accordance with the provisions hereof, the Board of Weld
County Commissioners shall promptly release such bond or
security.
REMARKS: Bonding is already required by the O&GCC in connection with each
well in the amounts of $2,000 and $5,000. Rule 304(a). There are penalties
provided for non-compliance with 0&GCC rules and regulations. §34-60-121
C.R.S. (1973). The Board's bond may not be required to ensure compliance
with reclamation and other matters already covered by the 0&GCC's bonding
requirements.
3
870159
The sum of $5,000 is not commensurate with the amount required to insure
compliance after the well has been completed as either a producer or a dry
hole. Its only foreseeable continued use would be to repaint production
equipment. It seems unreasonable to require a bond for upkeep of paint on
production tanks. The County has other more practical means of insuring
compliance with this requirement.
EXHIBIT A
SURFACE FEE (PROPERTY) OWNERS OF AREA COVERED BY USE BY SPECIAL REVIEW PERMIT
Hoshiko Farms, Inc.
c/o North Weld _Produce Co.
9th Ave. & 1st Street
Greeley, Colorado 80631
353-2534 (business phone)
Charles W. Bliss
Kinikinik Ranch
40738 Poudre Canyon
Bellvue, Colorado 80512
1-881-2209 (residence phone)
Donald Hungenberg and Beatrice L. Hungenberg
976 North Balsam Avenue
Greeley, Colorado 80631
352-6968 (residence phone)
352-2787 (business phone)
Noffsinger Manufacturing Co. , Inc.
P.O. Box 488
Greeley, CO 80632
352-0463 (business phone)
Davis Farms Liquidation Trust
c/o Charles M. Kurtz, Trustee
800 Eighth Avenue, Suite 333
Greeley, Colorado 80631
356-3300 (business phone)
870159
EXHIBIT B
AFFIDAVIT OF INTEREST OWNERS
SURFACE ESTATE
Amendment to USR-717:85:64
Subject Property: NE, E5NW, -WISE* _of Section 33,
Township 6 North, Range 65 West, and
NINW± of Section 4, 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, 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 Amendment to 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 and sworn to before me this RS day of January, Y987.
'1y commission expires: (d r? ,uLig 9 0.1^11-7Y-La---
{ Z.c : 3 (99U
Notary Public
.1 159
NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET
Amendment to USR-717:85:64
ASSESSOR'S PARCEL # NAME
0803-27-0-00-038 Koehler Brothers, Inc.
1005 East C Street
Greeley, Colorado 80631
0803-28-0-00-037 Koehler Brothers, Inc.
0803-28-0-00-061 Michael R. Hungenberg & Paul D. Hungenberg
32500 Weld County Road 41
Greeley, Colorado 80631
0803-28-0-00-063 Heirs of Coakley Cowherd
31332 Weld County Road 41
Greeley, Colorado 80631
0803-33-0-00-005 Hoshiko Farms, Inc.
c/o North Weld Produce Co.
9th Ave. & 1st Street
Greeley, Colorado 80631
0803-33-0-00-006 Hoshiko Farms, Inc.
0803-33-0-00-007 Hoshiko Farms, Inc.
0803-33-0-00-010 Katharine S. McElroy, et al
P.O. Box 609
Greeley, Colorado 80631
0803-33-0-00-012 Robert H. Bliss, Jr. , Robert Harms Bliss
and Judith Bliss Marsh
3672 South Spruce
Denver, Colorado 80237
0803-33-0-00-014 Hoshiko Farms, Inc.
0803-33-0-00-015 Hoshiko Farms, Inc.
0803-33-0-00-016 Charles W. Bliss
Kinikinik Ranch
40738 Poudre Canyon
Bellvue, Colorado 80512
0803-33-0-00-017 James R. Koehler
1005 East C Street
Greeley, Colorado 80631
0803-33-0-00-031 Hoshiko Farms, Inc.
0803-33-0-00-032 Hoshiko Farms, Inc.
0803-33-0-00-033 Donald Hungenberg and Beatrice L. Hungenberg
976 North Balsam Avenue
Greeley, Colorado 80631
0803-33-0-00-034 Beatrice L. Hungenberg
976 North Balsam Avenue
Greeley, Colorado 80631
0803-33-0-00-035 Hoshiko Farms, Inc.
0803-33-0-00-051 Lester B. Adams and Bertha E. Adams
1000 North First Avenue
Greeley, Colorado 80631
0803-34-0-00-018 Charles W. Bliss
70159
0803-34-0-00-030 Donald R. Uhrich and Shirley Ann Uhrich
21474 Weld County Road 66
Greeley, Colorado 80631
0961-03-0-00-023 Fred J. Winters & Fred J. Winters, Trustee
4925 West Fourth Street
Greeley, Colorado 80634
0961-03-0-00-044 Fred J. Winters and Fred J. Winters, Trustee
0961-03-0-00-051 Fred J. Winters and Fred J. Winters, Trustee
0961-04-0-00-059 Noffsinger Manufacturing Co. , Inc.
P.O. Box 488
Greeley, CO 80632
0961-04-0-00-060 Davis Farms Liquidation Trust
800 Eighth Avenue, Suite 333
Greeley, Colorado 80631
0961-04-2-00-011 John C. Carlson and Charlotte A. Carlson
P.O. Box 1085
Eaton, Colorado 80615
0961-04-2-00-012 Vernie H. Parker & Sylvia Parker
211 N. Balsam Avenue
Greeley, Colorado 80631
0961-04-2-00-013 Frank E. Moore, Frank E. Moore, Jr. , et al
922 Eleventh Street
Greeley, Colorado 80631
870 1.3
EXHIBIT C
AFFIDAVIT OF INTEREST OWNERS
MINERALS AND/OR SUBSURFACE
Amendment to USR-717:85:64
Subject Property: NEt, E_ZNW,' WzSE+ of Section 33,
Township 6 North, Range 65 West, and
NiNW± of Section 4, 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 lessees of
mineral owners on or under the parcels of land which are the subject of this
Amendment to Use by Special Review as their names appear in the records of the
Weld County Clerk and Recorder, or from an ownership update from a title or
abstract company or an attorney.
- y
William G. Crews
- Subscribed and sworn to before me this jI day of January, 1987.
i?iy_ commission expires: l_v�--SOJ �.�
990 Notary Public
870159
MINERAL OWNERS AND LESSEES-AREA COVERED BY USE BY SPECIAL REVIEW
MINERAL OWNERS:
Hoshiko Farms, Inc.
c/o North Weld Produce CD.
9th -Ave. & 1st Street
Greeley, Colorado 80631
353-2534 (business phone)
Charles W. Bliss
Kinikinik Ranch
40738 Poudre Canyon
Bellvue, Colorado 80512
1-881-2209 (residence phone)
Donald Hungenberg and Beatrice Z. Hungenterg
975 North Balsam Avenue
Greeley, Colorado 80631
352-6968 (residence phone)
352-2787 (business phone)
NDffsinger Manufacturing Co. , Inc.
P.O. Box 488
Greeley, CO 80632
352-0463 (business phone)
Davis Farms Liquidation Trust
c/o Charles M. Kurtz, Trustee
800 Eighth Avenue, Suite 333
Greeley, Colorado 80631
356-3300 (business phone)
MINERAL LESSEE:
Sunshine Valley Petroleum Corporation
950 Stafford
Casper, Wyoming 82609
(307) 237-7854 (business phone)
8701513
SURROUNDING MINERAL OWNERS
AMENDED USR-717:85:64
Sunshine Valley Petroleum Company
Hoshiko Farms, Incorporated
c/o North Weld Produce Company
9th Avenue and 1st Street
Greeley, CO 80631
Charles W. Bliss
Kinikinik Ranch
40738 Poudre Canyon
Bellvue, CO 80512
Donald and Beatrice L. Hungenberg
976 North Valsam Avenue
Greeley, CO 80631
Noffsinger Manufacturing Company, Inc.
P.O. Box 488
Greeley, CO 80632
Davis Farms Liquidation Trust
c/o Charles M. Kurtz, Trustee
800 Eight Avenue
Suite 333
Greeley, CO 80631
Sunshine Valley Petroleum Corporation
950 Stafford
Casper, Wyoming 82609
C1L3
�;�XH/BIT e,
SURROUNDING PROPERTY OWNERS
AMENDED USR-717:85:64
Sunshine Valley Petroleum Company
Koehler Brothers, Incorporated
1005 East C Street
Greeley, CO 80631
Michael R. Hungenbert
Paul D. Hungenberg
32500 Weld County Road 41
Greeley, CO 80631
Heirs of Coakley Cowherd
31332 Weld County Road 41
Greeley, CO 80631
Hoshiko Farms, Incorporated
c/o North Weld Produce Company
9th Avenue and 1st Street
Greeley, CO 80631
Katharine S. McElroy, et al
P.O. Box 609
Greeley, CO $0631
Robert H. Bliss, Jr.
Robert Harms Bliss
Judith Bliss Marsh
3672 South Spruce
Denver, CO 80237
Charles W. Bliss
Kinikinik Ranch
40738 Poudre Canyon
Bellvue, CO 80512
James R. Koehler
1005 East C Street
Greeley, CO 80631
Donald and Beatrice L. Hungenberg
976 North Balsam Avenue
Greeley, CO 80631
870153
Page 2
Beatrice L. Hungenberg
976 North Balsam Avenue
Greeley, CO B0631
Lester B. and Bertha E. Adams
1000 North First Avenue
Greeley, CO 80631
Donald R. and Shirley Ann Uhrich
21474 Weld County Road 66
Greeley, CO 80631
Fred J. Winters & Fed J. Winters, Trustee
4925 West Fourth Street
Greeley, CO 80634
Noffsinger Manufacturing Company, Inc.
P.O. Box 488
Greeley, CO 80632
Davis Farms Liquidation Trust
800 Eight Avenue
Suite 333
Greeley, CO 80631
John C. and Charlotte A. Carlson
P.O. Box 1085
Eaton, CO 80615
Vernie H. and Sylvia Parker
211 North Balsam Avenue
Greeley, CO 80631
Frank E. Moore
Frank E. Moore, Jr. , et al
922 Eleventh Street
Greeley, CO 80631
f DEPART -NT OF PLANNING SERVICES
� -� „,„
PHONE (303)356-4000 EXT.4400
'• '` 915 10th STREET
'1. i GREELEY,COLORADO 80631
WII'k
COLORADO
October 20, 1986
Mr. William G. Crews
1223 28th Avenue, Suite 2
Greeley, CO 80631
Re: USR-717:85:64
Dear Mr. Crews:
Thank you for your letter of October 17. The Board of County Commissioners
has directed the Department of Ylanning Services to change the amount of
$50,000.00 to $5,000.00 -in Development Standard #11 with the other minor
changes in the first sentence. This is not considered to be a -material
deviation from the original standard. The Board has determined that a
$5,000.00 performance bond, irrevocable letter of credit, certificate of
deposit or other security satisfactory to the Board for each well will
adequately guarantee that the requirements of the Use by Special Review
permit will be complied with. Changes to Development Standard #9 were also
discussed and approved. Oil and gas production facilities will not be
allowed within 300 feet of the perimeter of the Use by Special Review permit
boundary or public rights-of-way.
Prior to beginning drilling operations on the Use by Special Review site,
you should submit the required $5,000.00 security guarantee for each well
and a copy of an -insurance policy for $500,000.00 insuring the applicant and
County. The policy coverage should comply with condition of approval 2. c.
in the Board's Resolution of February 19, 1986.
If you have any questions, please call me.
Sincerely,
V 1
Chuck Cunliffe, Directo
Department of Planning Services
CC:rg
pc Board of County Commissioners
Lee Morrison, Assistant County Attorney
Vi1SR-717:85:b4 Case file873
C-4
( WILLIAM G. CREWS l '
Oil and Gas
1223 28TH AVENUE, SUITE 2 (303) 351-0733(GREELEY)
GREELEY, COLORADO 80631 (303)659-7710 (DENVER)
° E19]
October 17 , 1986
OUT 201986
Mr . Chuck Cunliffe
Director
Department of Planning Services Weld co. Planning CUSWS SD
Weld County
915 10th . Street
Greeley , CO 80631
Dear Mr . Cunliffe: RE: USR-717 : 85 : 64
Sec . 33-6n-65w et al
Following review by you of my letter dated October 14 and our
subsequent conversations , Sunshine Valley Petroleum Corporation
amends its proposal regarding Standard 11 of the captioned USR
that said Standard be changed to read as follows :
11 . The applicant/operator shall post with the Weld
County Board of Commissioners a $5 , 000 performance
bond , irrevocable letter of credit , -certificate of
deposit or other security satisfactory to the Board of
County Commissioners for each well , to ensure that
applicant /operator will comply with the requirements of
this permit and applicable regulations of Weld County .
Any amounts earned by such security shall be paid , on a
current basis , to applicant/operator . Upon failure of
applicant /operator to comply with the requirements of
this permit or applicable regulations , the Weld County
Board of Commissioners may apply a sufficient portion
of the security to secure compliance by use of County
employees or independent contractors . Upon abandonment
of the well , any unused portion of the security shall
promptly be returned to applicant/ operator .
It is our understanding , also based on our discussion , that
Standard 9 will be changed ( to conform with State spacing and
drilling regulations ) to read as follows :
9 . Oil and Gas production facilities shall be located
at least three hundred feet ( 300 ' ) from the perimeter
of the area covered by this USR or public rights-of-
way .
The cooperation of the Board and your office in arriving at a
mutually agreeable solution to the problems , without changing the
substantive requirements and aims of the USR , is most sincerely
appreciated .
Approval of the foregoing , on an urgent basis due to rigs waiting
to move onto location , is hereby requested . If you or any of the
Commissioners have any questions , please let me know. Upon your
approval , Sunshine will meet with the County to work out
870159
( l )
acceptable security arrangements as soon as possible . Telephone
notice of such approval , if convenient , will enable us to
schedule such a meeting with more notice to all involved parties .
Very truly yours ,
SUNSHINE VALLEY PETROLEUM CORPORATION
by :
William G . Crews, Attorney-in-Fact
cc : Sunshine Valley Petroleum Corporation
950 Stafford
Casper , WY 82609
-Energy Minerals Corporation
1000 Security Life Building
Denver , CO 80202
William Smith
Colorado Oil and Gas Conservation Commission
1580 Logan St . , Suite 380
Denver , CO 80203
Weld County Board of Commissioners
915 10th. Street
Greeley , CO 80631
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