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RESOLUTION
RE: APPROVE AMENDED SPECIAL REVIEW PERMIT FOR OIL AND GAS
PRODUCTION FACILITIES IN THE R-1 (LOW DENSITY RESIDENTIAL)
ZONE DISTRICT - 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 16th day of December, 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, c/o William
G. Crews, 1223 28th Avenue, Suite #2 , Greeley, Colorado 80631 , to
amend a Special Review permit for oil and gas production
facilities in the R-1 (Low Density Residential) Zone District on
the following described real estate, to-wit:
The W} NW} , Section 33 , Township 6 North,
Range 65 West of the 6th P.M. , Weld County,
Colorado
WHEREAS, said applicant was represented by Mike Morgan,
Attorney, and
WHEREAS, Section 24 . 4 . 2 of the Weld County Zoning Ordinance
provides standards for review of said Special Review permit, and
WHEREAS, the Board of County Commissioners heard all of the
testimony and statements of those present, has studied the request
of the applicant and the recommendations of the Weld County
Planning Commission and all of the exhibits and evidence presented
in this matter and, having been fully informed, finds that this
request shall be approved for the following reasons:
1 . The submitted materials are in compliance with the
application requirements of Section 24 .7 of the Weld
County Zoning Ordinance.
/7i871563
i
Page 2
RE: AMEND SPECIAL REVIEW PERMIT - SUNSHINE VALLEY
2 . It is the opinion of the Board of County Commissioners
that the applicant has shown compliance with Section
24 .4 . 2 of the Weld County Zoning Ordinance.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the application to
amend a Special Review permit for oil and gas production
facilities in the R-1 (Low Density Residential) Zone District on
the hereinabove described parcel of land be, and hereby is,
granted subject to the following conditions:
1 . The attached Development Standards for the Special
Review permit be adopted and placed on the Special
Review plat prior to recording the plat.
2 . The Special Review plat shall be amended to show the two
residences located on the site.
3 . The operator shall submit a copy of a policy of
insurance in the amount of $500 , 000 insuring the
applicant and naming Weld County as an additional
insured against all claims or causes of action made
against either or both the applicant and the County for
damages to persons or property arising out of the
drilling, maintenance, production, or other work done
with respect to such proposed oil or gas well . Such
policies shall be written by a company authorized to do
business in the State of Colorado. Evidence of the
insurance policy shall be filed with the Department of
Planning Services .
If the required insurance policy shall lapse or become
void for any reason whatsoever, the Special Review
permit shall cease to exist until a new insurance policy
shall be provided and filed with the Department of
Planning Services. All well activity shall be shut down
and all operations and production thereof shall be
suspended and discontinued, consistent with safety
considerations , until the operator provides evidence of
insurance in the prescribed amount.
871563
Page 3
RE: AMEND SPECIAL REVIEW PERMIT - SUNSHINE VALLEY
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 21st day of
December, A.D. , 1987 .
1
4� � T �� BOARD OF COUNTY COMMISSIONERS
ATTEST: /r G41&,,-` WELD COUNTY, COLORADO
I
Weld County Clerk and Recorder EXCUSED DATE OF SIGNING (AYE)
and Clerk to the Board Gordon E. Lacy, Chairman
ac /
BY:
Deputy/ounty erk
EXCUSED DATE OF SIGNING (AYE)
APPROVED AS TO FORM: Gene R. Brantner
e _
Cr?
J- qu`dine o nson
,..---_-•--2 /71
County At orney , irr`C . ;/;Jr-�,,,tz,_,,,,ce.teic.,
Frank Yamaguchi
871563
DEVELOPMENT STANDARDS
Sunshine Valley Petroleum Corporation
Amended USR-661
1 . The Special Review permit is for oil and gas production
facilities in the R-1 (Low Density Residential) Zone District
described 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. If and when low density residential development takes
place within 300 feet of any well drilled hereunder, a
six foot chain link fence with three strand barbed wire
top shall enclose the tank battery cluster.
3 . Fired vessels shall be a minimum of 75 feet from the well
head and any occupied building shall be a minimum of 200 feet
from any heater/treator. The well head shall be a minimum of
75 feet from the tank battery cluster.
4 . The applicant shall comply with all Eaton Fire Protection
District requirements.
5 . Prior to start-up of the activity, the operator shall provide
the Eaton Fire Protection District with a list of four names,
phone numbers, and addresses of responsible parties it can
contact in case of an emergency.
6 . 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.
7 . Fire extinguishers shall be maintained on the well site at
all times during drilling and production.
8 . Prior to start-up of the activity, 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.
9 . This site is located in the A-P (Airport) Overlay District.
All structures shall comply with existing zoning height
restrictions.
Page 2
RE: DEVELOPMENT STANDARDS
10 . No permanent disposal of wastes shall be permitted at this
site.
11 . Petroleum products and compressed flammable gases are
hazardous substances per C.R.S . 29-22-107 (2) (a) . Prior to
drilling, the applicant shall provide a list of the maximum
quantities of hazardous substances expected at the site and
emergency phone numbers to the State Health Department,
Division of Waste Management; the Weld County Emergency
Response Coordinator; and the Eaton Fire Protection District.
Evidence of this listing and emergency phone numbers shall be
provided to the Department of Planning Services prior to the
issuance of building permits .
12 . 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.
13 . Brine water produced at the site during oil and gas
production shall be diposed of by formation injection or into
a commercial brine disposal site.
14 . Drilling muds can be used as an agricultural enhancement. If
drilling muds are used as an agricultural enhancement,
landowner' s consent must be obtained and the muds must be
applied and disked into sandy soils .
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 .
26 . In the event that a final plat subdivision application is
submitted within the subject Special Review area to the Weld
County Planning Department or the City of Greeley Planning
Department, the Development Standards of USR-661 shall be
reconsidered through the Special Review application process .
The intent of this Standard is to review the appropriateness
of landscaping around the tank battery area and not the
proposed use.
17 . The applicant shall comply with the Design Standards of
Section 24 . 5 of the Weld County Zoning Ordinance.
18 . The applicant shall comply with the Operation Standards of
Section 24 . 6 of the Weld County Zoning Ordinance.
Page 3
BE: DEVELOPMENT STANDARDS
19 . Representatives or members of the Weld County Health
Department, Eaton Fire Protection District, and the Weld
County Department of Planning Services shall be granted
access onto the site at any reasonable time in order to
insure the operations carried out on the site comply with the
Development Standards stated herein and all applicable Weld
County Regulations .
20 . The Special Review area shall be limited to the plans shown
herein and governed by the Standards as stated above and all
applicable Weld County Regulations. Any material _deviations
from the plans and/or Standards as -shown or stated above
shall require the approval of an amendment o₹ the permit by
the Weld County Planning Commission and the Board of County
Commissioners before such changes from the plans and/or
Standards are permitted. Any other changes shall be filed in
the office of the Department of Planning Services.
21 . The property owner and/or operator of this operation shall be
responsible for complying with all of the foregoing
Standards . Non-compliance with any of the foregoing
Standards may be reason for revocation of the permit by the
Board of County Commissioners.
HEARING CERTIFICATION
DOCKET NO. 87-79
RE: AMEND SPECIAL REVIEW PERMIT TOR OIL AND LAS PRODUCTION FACILITIES
IN THE R-1 (LOW DENSITY -RESIDENTIAL) ZONE DISTRICT - SUNSHINE
VALL-EY PETROLEUM CORPORATION
A public hearing was _oonducted on December 16, 1987, -at 2:00 P.M. , -with
the following present:
Commissioner Gordon E. Lacy, Chairman
Commissioner C.W. Kirby, Pro-Tem
Commissioner Gene Brantner
C-ommissioner Jacqueline Johnson
Commissioner Frank Yamaguchi
Also present:
Acting Clerk to the Board, Mary Reiff
-Assistant County Attorney, Lee D. Morrison
Planning Department representative, Lanell Swanson
The following business was transacted:
S hereby certify that pursuant to a notice dated November 23, 1987, and
duly published December 3, 1987, in the Johnstown Breeze, a public
tearing was conducted to consider the request of Sunshine Valley
Petroleum Corporation to amend a Special Review permit for oil and gas
production facilities in the R-1 (Low Density Residential) Zone
District. Lee Morrison, Assistant County Attorney, made this matter of
-record. The favorable recommendation of the Planning Commission was
-read into the record by Lanell Swanson, representing the Planning
Department. Mike Morgan, Attorney, came foward to represent the
applicant and submitted a letter from Lester B. Adams, laud owner. Mr.
Morgan said the original Special Review permit was granted in 1984 to
Weeks Energy, and Sunshine Valley Petroleum Corporation is requesting
-that two of the _original Development Standards be amended. No public
xomment was received concerning this request. Considerable discussion
-was held concerning the Conditions and Development Standards. (Tape
Change #87-120) Bill Crews, authorized agent for Sunshine Valley
Petroleum Corporation, also answered questions of the Board.
Commissioner Johnson moved to approve the request to amend this Special
-Review permit, with recommended Condition #3 amended to show that Weld
County shall be named as an additional insured, proposed Development
Standard #2 amended to state that fencing shall be required when
_residential development occurs within three hundred feet of the tank
-battery cluster, and proposed Development Standard #3 deleted, with
the reference to the distance between the well head and the tank
-battery cluster being added to Development Standard #4. Commissioner
Yamaguchi seconded the motion and it carried unanimously.
je
Page 2
HEARING CERTIFICATION - SUNSHINE VALLEY PETROLEUM CORP.
This Certification Arils approved on the 21st day of December, 1987.
APPROVED:
4 4 4 BOARD OF COUNTY COMMISSIONERS
ATTEST: j,/ - .2.LY� P.,Gclthei ell WELD COUNTY, COLORADO
'
Weld County CYerk and Recorder EXCUSED DATE DF APPROVAL
and Clerk to the B rd Cordon E. Lacy, Chairman
By:Sf
ats
Deput�bunty rrk C.W. Kirby,Prio
EXCUSED DATE DF APPROVAL
Gene R. Brantner
Je quel e Jnh so
i /7 �i
' 9/
a j "7
Frank Ydaguchi
TAPE #87-119 & #87-120
DOCKET #87-79
PL0409
871556
ATTENJDANCE RE-CORD
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: DECEMBER 16, 1987
DOCKET # 87-75 ASSESSMENT OF COSTS-INDIANHEAD LOCAL IMPROVEMENT DISTRICT
DOCKET #87-77 USR-GREYHOUND KENNEL (200 DOGS) - TOM SUGIHARA, JR.
DOCKET #87-79 AMEND USR-OIL & GAS PRODUCTION FACILITIES - SHUNSHINE VALLEY PETROLEUM CORP.
DOCKET #87-80 AMEND USR-OIL & GAS PRODUCTION FACILITIES - H&C -COLTON & SUNSHINE VALLEY
DOCKET # 87-81 USR-SINGLE _FAMILY -RESIDENCE - MICHAEL BEARSON
NAME 'J ADDRESS HEARING ATTENDING
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8715q3
NOT I C E
Pursuant to the zoning laws of the State of Colorado and the Weld County
Zoning Ordinance, a public hearing will be held in the Chambers of the Board
of County Commissioners -of Weld County, Colorado, Weld County Centennial
Center, 915 10th Street, First Floor, Greeley, Colorado, at the time
specified. All persons in any manner interested in the Special Review
permit are requested to attend and may be heard.
Should the applicant or any interested party desire the presence of a court
reporter to make a record of the proceedings, in addition to the taped
record which -will be kept during the hearing, the Clerk to the Board's
Office can be contacted for s list of certified court reporter-s in the area.
If a court reporter is obtained, the Cleric to the Board's Office shall the
advised in -writing of such action at least five days prior to the hearing.
The -cost of engaging a court reporter shall he borne by the requesting
party.
BE IT ALSO KNOWN that the text and slaps so certified by the Weld County
Planning Commission may be examined in the office of the Clerk to the Board
of County Commissioners, located in the Weld County Centennial Center, 1915
10th Street, Third floor, I-reeley, Colorado.
APPLICANT
DOCKET NO. 87-719 Sunshine Valley Petroleum Corporation
c/o William G. Crews
1223 28th Avenue, Suite /l2
Greeley, Colorado 80631
DATE: December 16, 1987
TIME: 1:00 P.M.
REQUEST: Amend Special Review permit for oil and gas production facilities
in the R-1 (Low Density Residential) Zone District
LEGAL DESCRIPTION: W} NW} of Section 33, Township 6 North, Range 65 West of
the 6th P.M. , Weld County, Colorado
LOCATION: Approximately 1 milt north -of the Greeley city limits; south of
Weld County Road 64 and east of North 1st Avenue
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: MARY ANN FSUERSTEIN
COUNTY CLERK -AND RECORDER
AND CLERK TO THE BOARD
BY: Mary Reiff, Deputy
DATED: November 23, 1987
PUBLISHED: December 3, 1987, in the Johnstown Breeze 871563
,
,E.xNi,BiT 4
NOTION AFFIDAVIT OF PUBLICATION
Pursuer* too the_sonIngado lows of
the State,of e
Weld County Litho r a dad Me
�� ni hodee, THE JOHNSTOWN BREEZE
the WNW hearingf the Mud in
Chambers Of Baro of STATE OF COLORADO 1
CountynitS=Ioners of Weld 1 SS
Weld.County
Center, - 915 10thCOUNTY OF WELD 1
Street, `-Pint Floor, Q.e"�i�s� I, ClydeBri s S
Colorado, at the time specified. gg ,dosolemnl swear that I
• inter:aal In e,'l ^her am publisher of The Johnstown Breeze;
PPehnn lit theto attend . that the same is a weekly newspaper
and they be heard printed, in whole or in part, and published
Should the aPPlIcant or any in the County of Weld,-State-of Colorado,
mtsreeted party �eelre, the and has ageneral circulation therein; that
maksna record-of court a ptoce to
ings, n i of to the
. said newspaper has been published
reds in addition be M urine . continuously and uninterruptedly in said
recdrdlYhibh will kept duringthe
Me Malilti Me clerk to -County of Weld for a_teriod-of more than
foBoa a O4 ice con ba contacted
re r IW the-certified court fifty-two consecutive weeks prior to the
report" area. If a coup of the annexed legal notice
reporteh 4 obtained,the Clerk to
ens Solid'° onlce anon W U first publication tisement; that-said newspaper has
advised In wrtInpvf such action been admitted to the UniledBlales mails-as
at I1Yt Sloe �a�a dor to in:
court r. one,s of snqaplrpy second-class matter under theiprovisions Of
court repottsr shell behoms by
she revusetin9vartY. the Act of March 3, 1879, or Lilly
BE IT ALSO KNOW that the text amendments thereof, and that said
- and maps so_certified dni the newspaper is a weekly newspaper duly
• Weld Counry4+lo"mr,p commis qualified for publishing legal notices and
advertisements within the meaning of the
-`talon may be examined in-he laws_of the State of Colorado.
office of the Clerk to the Board of That the annexed legal notice or advertise-
In the C loners, located
In the wet:rent Centennial meet was published in the regular and
• Center, 915 10th -Street, Third entice issue of every number o[said weekly
FOO TGrNOJ T-7Col9
• newspaper for the period_of f consecu-
tive oot3KEr NoTae insertions; and that the first
APPLICANT publications(said notice was in the issue of
Sunshine Valley
Petroleum Corporation said newspaper dated/.:41..:3, A.U. Ib62
c/o-William O. Crews and that the last publication of said notice
1223 28th Avenue,
Suite No. 2 was in the issue of-said newspaper dated
Dreeiey, Colorado A.D. 19.. .E
80831
DATE: December 18, 1987 - In witness whereof I have hereunto set
TIME 2:00 P.M. my hand.this ..1-...7... day of A•r
A.D. 19..S7
REQUEST: -Amend Sandal II
plow taro^ for on end
qLotlu Density Reeis in the n
(Low 4iesidentieq Zone
Gletnd (-;gf 7YP_u-S-blisher
LEGAL DESCRIPTION:WY.NWSL
ol SeptiPn.33,Township 8 North,
Re a 85 West-of the BM P,M,
Weld County, Colorado
Subscribed and sworn to before me, As
LOCATION:Appracimatpeqlyy 1 miitl4e Notary Public in and for the County sf
a"oouth of
Weld Core yldoadue Weld,State of Colorado, this ../..'.i....-day of
-and east_of North 1n Avenue ....P., c...., A.D. l9.-£5;?.
BOARD"IF COUNTY
COMMISSIONERS
WELD '
WELNTY
COWRADO. �r� /.!:tv.4 rr..c-C._
Notary Public
BY: MARY ANN
COUNTY CLERK AND
RECORDER AND CLERK
TO THE BOARD My commission expires
BY:, Mary 4ielf, Deputy •
DATED: November 23, 1987 `.•11
►USLtSHED: December 3, 198^ ..., .
• In the Johnstown Breeze
6715 .:`
Affidavit of Publication
STATE OF COLORADO
ss.
County of Weld,
I, Paula A. Whaley of
said County of Weld, being duly sworn, say that I am
an advertising clerk of
THE GREELEY DAILY TRIBUNE, and
THE GREELEY REPUBLICAN
r11 .•i; -M .,. ?^'' that the same is a -daily newspaper of general
circulation and printed and _published in the City of
,+ �•er .a,,, z ,�: Greeley, in said county and state; that the notice or
advertisement, of which the annexed is a true copy, has
y" been published in said daily newspaper for consecutive
(days) Stelbcdt that the notice was published in the
regular and entire issue -of every number of said
OE IT • -47•.-t' ;• newspaper during the_period and time of publication of
_
�Cant , � ?• `. „� ,, said notice, and in the newspaper proper and not in a
toNr.tle �', supplement thereof; that the first publication of said
DOCK ST APPL-ICncT notice was contained in the issue of said -newspaper
SOnitano Valley
PtlroNyM torprnhhl bearing date
1wa s�
.ftscsiretarricon
Third
TI : NAP
REou T:
aorta tam day of Dec ember AD. 19 87•
LEGALII0p9E4R40M�t moony.R-
Win
RU gltil I
North Pti~ltlWitt g11R p1nY1p,M;, ltl�pynryCar
;tl and the last publication thereof; in the issue of said
LOCATION:ARpratimatoly 1 mho north tO tNi OMNY<Ry woni,
souMW WildC -WV ROW 64 RatloiMp North InvinuR newspaper bearing date the
y0.414.OR C• , ISSIONER$
Third
day_of December AD. 1987
° „4:11. S4 that said The Greeley Daily Tribune and The Greeley
4 Republic-an, has been published continuously and
uninterruptedly during the period of at least six
months next_prior to the first issue thereof contained
said-notice or advertisement-above referred to; that said
newspaper has been -admitted to the United States
mails-as second-class matter under the provisions of the
Act of March 3, 1879, or any-amendments thereof; and
that said newspaper is a daily newspaper duly qualified
for publishing legal notices and advertisements within
the meaning of the laws of the State of Colorado.
December 3, 1987
Total_ Charge: 5527. 52
1\ 2
k'LU- Oa a u +'19u-0....1
Advertising Clerk ,{r
Subscribed and sworn to before me this UUU
3 day of _ December A . 19 87
My commissio x}Sr( rn'sclorr rrrpir•'s 70n, 14, .197;
-9/4 r/ / 7'
NotaryzPublic
DATE: November 23 , 1987
TO: The Board of County Commissioners
Weld County, Colorado
FROM: Clerk to the Board Office
Commissioners :
If you have no objections, we have tentatively set the
following hearings for the 16th day of December, 19-87 , at 2 :00
P.M.
Docket No. 87-77 - Special Review permit for a greyhound kennel
(200 dogs) , Tom Sugihara, Jr.
Docket No. 87-79 - Amend Special Review permit for oil and gas
production facilities in the R-1 Zone District, Sunshine
Valley Petroleum Corporation
Docket No. 87-80 - Amend Special Review permit for oil and gas
production facilities in R-1 Zone District, H & C Colton
Company and Sunshine Valley Petroleum Corporation
Docket N-o. 87-81 - Special Review permit for a single family
residence on parcel of land less than minimum lot size -in the
A Zone District, Michal S. Bearson
OFFICE OF THE CL TO THE BOARD
BY: at-Z. Deputy
The above mentioned' hearing date' and hearing time may be scheduled
on the agenda as stated above.
BOARD -OF COUNTY COMMISSInNERS
WELD COU Y, 31.LORA
X�,, ,T 871563
Summary of the i:'eld County Planning Commission Meeting
November 17, 1987
Pae 12
CASE METIER: Amended USR-661
APPLICANT: Sunshine Valley Petroleum Corporation, c/o William G.
Crews
REQUEST: An amendment to a Special Review permit for oil and gas production
facilities in the R-1 (Low Density Residential) zone district
LEGAL DESCRIPTION: W} NWk of Section 33, T6N, R65W of the 6th P.M. , Weld
County, Colorado
LOCATION: Approximately one mile north of the City of Greeley; south of Weld
County Road 64 and east of North First Avenue
APPEARANCE:
Mike Morgan, Attorney, represented the applicants. He presented a letter
from Lester Adams in support of this request. This was retained as
evidence. He explained the proposed amendments to this Special Review
permit include the deletion of Development Standards 2 and 3-b.
Bill _Crews, Sunshine Valley Petroleum, explained the reasons for these
proposed amendments.
Tom Reed, Sunshine Valley Petroleum, explained very little damage could be
done to an oil well site by vandalism.
The Chairman called for discussion from the members of the audience. There
was none.
Tape 304 - Side I
AMENDMENT:
Paulette Weaver moved Development Standard 2 be deleted because there are
several aspects of this standard that are not needed. Motion seconded by
Jerry Barnett.
The Chairman called for discussion from the members of the Planning
Commission. Discussion followed.
The Chairman asked the secretary to poll the members of the Planning
Commission. Jerry Burnett - yes; Bud Balldorson — yes; Ernie Ross — yes;
Ivan Gosnell - yes; Paulette Weaver - yes; Lynn Brown - yes. Motion
carried unanimously.
AMENDMENT:
Ernie Ross moved Development Standard 3-b. be deleted. It is his feeling
all fences are a hazard and an eye-sore. Motion seconded by Jerry Burnett.
The Chairman called for discussion from the members of the Planning
Commission. Discussion followed.
/2 3 87156
A A/ii$/T L.
Summary of the Veld County Planning Commission Meeting
November 17. 1987
rate 13
The Chairman asked the secretary to poll the members of the Planning
Commission. Jerry Burnett - yes; Bud Halldorson - yes; Ernie Ross - yes;
Ivan Gosnell - yes; Paulette Weaver - yes; Lynn Brown - yes. Motion
tarried unanimously.
AMENDMENT:
Paulette Weaver moved Development Standard 10 (previously 11) be amended to
read esfollows:
This site is located in the A-P (Airport) Overlay District. All
structures shall -comply with existing zoning height restricts.
Motion seconded by Bud Halldorson.
The Chairman called for discussion from the members of the , Planning
Commission. Discussion followed.
'She Chairman asked the members of the -Planning Commission for their
decision. Motion. carried unanimously.
AMENDMENT:
Paulette Weaver moved Development Standard 15 (previously 16) be amended to
read as follows:
Trilling muds can be used as an agricultural enhancement. If
drilling muds are used as an agricultural enhancement, landowner's
consent must be obtained and the muds must be applied and disked
into sandy soils.
Motion seconded by Jerry Burnett.
The Chairman called for discussion from the members of the Planning
Commission. -Discussion followed.
The Chairman asked the members of the Planning Commission for their
decision. Motion carried-unanimously.
She Chairman asked that reading the recommendation, conditions, and
Development Standards into the record -be dispensed with since there was no
-opposition to this request and that they he filed with the summary as a
-permanent record of these proceedings.
MOTION:
Bud Halldorson moved Case Number Amended USA-661 for Sunshine Valley
Petroleum Corporation for an amendment to a Special Review permit for oil
and gas production facilities in the R-1 (Low Density Residential) zone - -
district be forwarded to the Board of County Commissioners with the -Planning
Commission's recommendation for approval based upon the recommendations,
87X56:1
- t
Surnary of the Feld County Planning Commission Meeting
November 17, 1987
Page 14
conditions, and Development Standards as set forth by the Department of
Planning Services' staff and amended by the Planning Commission, and the
testimony heard by the members of the Planning Commission. Motion seconded
by Jerry Burnett.
The Chairman called for discussion from the members of the Planning
Commission. Discussion followed.
The Chairman asked the secretary to poll the members of the Planning
Commission. Jerry Burnett - yes; Bud halldorson - yes; Ernie Ross - yes;
Ivan Gosnell - yes; Paulette Weaver - yes; Lynn Brown - yes. Motion
carried unanimously.
The meeting was adjourned at 7: 10 p.m.
Respectfully submitted,
Bobbie Good
Secretary
871531
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Bud Halldorson that the following resolution be introduced for
passage by the Weld County Planning Commission. Be it Resolved by,',ths,:a444C,F1
County Planning Commission that the application for: !flICOr
EASE NUMBER: Amended USR-661 rv, +
r`' 1. 910
NAME: Sunshine Valley Petroleum Corporation, c/o William G. Ctewss
Sp m
ADDRESS: 1223 28th Avenue, Suite #2, Greeley, CO 80631
REQUEST: Amended Special Review Permit for oil and gas production
facilities in the R-1 (Low Density Residential) zone district.
LEGAL DESCRIPTION: W} NW} of Section 33, T6N, R65W of the 6th P.M., Weld
County, Colorado
LOCATION: Approximately 1 mile north of the Greeley City Limits, south of
ZJeld County Road 64, and east of North 1st Avenue .
be recommended favorably to the Board of County Commissioners for the
following reasons:
The Weld County Planning Commission recommends approval of the deletion of
Development Standard 2 as proposed by the applicant.
The Planning Commission further recommends that Development Standard 3(b) be
deleted.
This recommendation is based, in part, upon a review of the application
submitted by the applicant, other relevant information regarding the
request, and the responses of the referral entities which have reviewed this
request.
The Planning Commission's recommendation for approval is conditional upon
the following:
1 . The attached Development Standards for the Special Review permit
be adopted and placed on the Special Review plat prior to
recording the plat.
2. The Special Review plat shall be amended to show the 2 residences
located on the site.
3. Prior to scheduling a meeting before the Board of County
Commissioners, the operator shall submit a copy of a policy of
insurance in the amount of five hundred thousand dollars
($500,000) insuring the applicant and the County against all
claims or causes of action made against either or both the
applicant and the County for damages to persons or property
arising out of the drilling, maintenance, production or other work
'done with respect to such proposed oil or gas well. Such policies
shall be written by a company authorized to do business in the
_State of Colorado. Evidence of the insurance policy shall be
filed with the Department of Planning Services. q
�Xi1lfL7
Amended USR-661
Sunshine )alley Petroleum Corporation
Page 2
If the required insurance policy shall lapse or become void for
any reason whatsoever, the Special Review permit shall cease to
exist until a new insurance policy shall be provided and filed
with the Department of Planning Services. All well activity shall
be shut-down and all operations and production thereof shall be
suspended and discontinued, consistent with safety considerations
until the operator provides evidence of insurance in the
-prescribed amount.
Motion seconded by Jerry Burnett.
VOTE:
For Passage Against Passage
Jerry -Burnett
Bud Halldorson
Ernie Ross
Ivan Posnell
Paulette Weaver
Lynn Brown
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 November 17, 1987, and recorded in Book No. XI of the proceedings of the
said Planning Commission.
Dated the 18th day of November, 1987.
e, L.\ e,,�
Bobbie Good
Secretary
-871561
ADDITIONAL COMMENTS
Amended USR-661
Sunshine Valley Petroleum, Inc.
The chain link lence as required thy Development _Standard 3 in the original
approved Special Review permit -has not been constructed around the existing
tank ',attery cluster.
No objections have been received from any surrounding property owners.
871563
INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION
•
• Case Number. 1)41/2 -6C, / Submitted or Prepared
Prior
to Uearint{ At Hearing
•
L Application / Pages
2. __ Application, pl-at(s) . / page(s)
r
. 3. DPS Referral Summary Sheet
• 4. DPS Recommendation •
5. DPS Surrounding Propery Owner Mailing List
6. ' MS Mineral Owners Mailing List
7. DPS Maps Pared by -Planning Technician
8. ITS Notice of Hearing
9. DPS Case Summary Sheet •
10. DPS 1Yald Check (2-414g-'-‘j
_ _ /
• 11. ` , ✓ e,�- L c ter .a�
12. U $_wJ
- y13. • . etr - .� t ✓
� 0c1 mow-
15. GI
16.
17.
18.
19.
•
20.
I hereby 'certify that the /51 items identified herein were submitted to the
Department of Planning Services at 'or prior to the scheduled Planning Commission
hearing. • -I further certify that these items were forwarded to the _Clerk 1a the
Board's office on 2o-,/ / 9 199
u nt PI
•
STATE OF COLORADO )
COUNTY OF -WELD )
SUBSCRIB-FD AKD SWORN TO EEFORE ME THIS \�� DAY OF n� 19 Ss 1
SEAL •
•
• NARY PUBLIC
- My 4.iia.mzr E ,re: feb. i3, i5 . • 871561
N9 COMMTSSION,AXPIRFS
Et/flan/
/�` /� 0 4 EXHIBIT INVENTORY CONTROL SHEET
Case (.� 31 "_s���.-GaaeJ 2� -
Exhibit Submitted By Exhibit Description
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871563
Date: November 17, 1987
CASE NUMBER: Amended USR-661
NAME: Sunshine Valley Petroleum Corporation, c/o William G. Crews
ADDRESS: 1223 28th Avenue, Suite 112, Greeley, CO 80631
REQUEST: Amended Special Review Permit for oil and gas production
facilities in the R-1 (Low Density Residential) zone district.
LEGAL DESCRIPTION: W§ NW} of Section 33, T6N, R65W of the 6th P.M., Weld
County, Colorado
LOCATION: Approximately 1 mile north of the Greeley City Limits, south of
Weld County Road 64, and east of North 1st Avenue.
The Department of Planning Services recommends that the deletion of
Development Standard 2 as proposed by the applicant be denied, but
recommends that Development Standard 2 be amended to read:
"The drilling and producing of the wells shall comply with Sections
18.40.230 D. , L. , and N. (2-3, 5-11) of the City of Greeley's Ordinance
pertaining to oil and gas development."
The Department of Planning Services further recommends that Development
Standard 3(b) as proposed by the applic-ants be denie-d and that the
Development Standard remains as it exists at the present time.
- Deleting or amending _this standard would either eliminate the
requirements or delegate the administration o₹ the requirements to
a state agency. The County would prefer to have local control and
assurance of compliance with the Development Standards.
- These Development Standards relate to ensuring adequate protection
of the health, safety, and welfare of the inhabitants of the
County.
This recommendation is based, in part, upon a review of the application
submitted by the applicant, other relevant information regarding the
request, and the responses of the referral entities which have reviewed this
request.
The Department of Planning Services' Staff recommendation for approval is
conditional upon the following:
1 . The attached Development Standards for the Special Review permit
be adopted and Tlaced on the _Special Review plat prior to
recording the plat.
2. The Special Review _plat shall be amended to show the 2 residences
located on the site.
871563
Amended USR-661
Sunshine Valley Petroleum Corporation
Page 2
3. Prior to scheduling a meeting before the Board of County
Commissioners, the operator shall submit a copy of a policy of
insurance in the amount of five hundred thousand dollars
($500,000) insuring the applicant and the County against all
claims or causes of action made against either or both the
applicant and the County for damages to persons or property
arising out of the drilling, maintenance, production or other work
done with respect to such proposed oil or gas well. Such policies
shall be written by a company authorized to do business in the
State of Colorado. Evidence of the insurance policy shall be
filed with the Department of Planning Services.
If the required insurance policy shall lapse or become void for
any reason whatsoever, the Special Review permit shall cease to
exist until a new insurance policy shall be provided and filed
with the Department of Planning Services. All well activity shall
be shut—down and all operations and production thereof shall be
suspended and discontinued, consistent with safety considerations
until the operator provides evidence of insurance in the
prescribed amount.
871563
LAND-USE APPLICATION
SUMMARY SHEET
Date: November 10, 1987
CASE NUMBER: Amended USR-661
NAME: Sunshine Valley Petroleum Corporation, c/o William G. Crews
ADDRESS: 1223 28th Avenue, Suite 2, Greeley, CO 80631
REQUEST: Amended Special Review Permit for oil and gas production
facilities in the R-1 (Low Density Residential) zone district.
LEGAL DESCRIPTION: W} NWi of Section 33, T6N, R65W of the 6th P.M. , Weld
County, Colorado
LOCATION: Approximately I mile north of the City of Greeley, east of North
1st Avenue, and south of Weld County Road 64 .
SIZE CF PARCEL: 80.00 Acres, more or less
POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS:
The criteria for review of this Use by Special Review proposal is listed in
Section 24.3 of the Weld County Zoning Ordinance.
This application for a Special Review Permit is an amendment to existing
Special Review Permit #661 which was approved for one oil and gas well on
the north 40 acres of this parcel. The applicant proposes drilling an
additional well on the south 40 acres and requests the amendment of two
Development Standards.
The Department of Planning Services' Staff has received specific
recommendations from the following referral entities:
- Weld County Health Department
- Office of Emergency Management
- City of Greeley Planning Department
Weld County Engineering Department, Eaton Fire Protection District, and
Greeley-Weld County Airport Authority have responded that they have no
objections to the proposal.
Referral responses have not been received from the following:
- Greeley Soil Conservation Service
- Colorado Department of Natural Resources, Oil and Gas Commission
No objections have been received from any surrounding property owners.
871563
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FIELD CHECK
FILING NUMBER: USR-661 DATE OF INSPECTION: October 28, 1987
NAME: Sunshine Valley Petroleum Corporation c/o William G. Crews
REQUEST: Amend a Special Review Permit for oil and gas production
facilities in the R-1 (Low Density Residential) zone district.
LEGAL DESCRIPTION: W} NWt of Section 33, T6N, R65W of the 6th P.M. , Weld
County, Colorado.
LOCATION: South of Weld County Road 64 and east of North 1st Avenue.
LAND USE: N Weld County Road 64, two residences, row crops
E Corn crops, three residences within .2 miles, oil and gas
production
S Row crops, pasture, one residence within .6 miles
W North 1st Avenue, oil and gas production, corn crops, 10
single family dwellings.
ZONING: N A (Agricultural)
E R-1 (Low Density Residential)
S R-1 (Low Density Residential)
W R-1 (Low Density Residential)
COMMENTS:
Access to this parcel is from North 1st Avenue which is a paved road. The
north 40 acres of this parcel has an oil well, separator and tank battery on
it.
The south 40 acres was still in corn crops the day of inspection. The north
40 acres had been harvested.
There are two dwellings on this 80 acre parcel.
1
La ell J. Sw nson
CurrentLplanner
REFERRAL LIST
APPLICANT: Sunshine Valley Petroleum Corporation CASE NUMBER: Amended USR-661 :84:57
SENT REFERRALS OUT: REFERRALS TO BE RECEIVED BY: October 30, 1987
NO SR NR
NO SR NR
✓ X Weld County Health Dept.
'' X Engineering Department
✓ X Office of Emergency Mngmt
X City of Greeley
Attention: Nicholas Matz
919 7th Street
Greeley, CO 80631
X Greeley Soil Conservation Service
4302 9th Street Road
Greeley, CO 80631
✓ X Eaton Fire Protection District
Route 2, Box 152
Eaton, CO 80615
X Colorado Department of Natural Resources
Oil and Gas Commission
1313 Sherman
Denver, CO 80203
/ X Greeley - Weld County Airport
600 Crosier Avenue
Greeley, CO 80631
X Paulette Weaver
1725 12th Avenue
Greeley, CO 80631
NO=No Objection
SR=Specific Recommendations
NR-No Response
671353
r
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nuul
41 , ' TORA ! '"f-
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141 .,x \
R� fq Weld County Planning October 21, 1987
{M • To _ Date
— 5/p7: G/G���q
Health Protection Services a 2e tay
COLORADO From _
Case Number: Amended USR-661:84:57
Subject Name: sunshrfie-retrorum Corporation
Health Protection Services has reviewed this proposal and recommends for
approval, subject to the following conditions:
1. No permanent disposal of wastes shall be permitted at this site.
2. A spillage retention berm shall be required around the tank battery.
The volume retained by the spillage berm should be greater than the
volume of the largest tank inside the berm.
AP/bks
i,kn OCT 28 1987
k Id Cn. PPantwig ,icinuSSiOn
691563
C D ART,. _N OF PLA NING RVI
I { , ( - 000 EXT.4400
_ �S 915 10th STREET
, GREELEY,COLORADO 80631
• ��
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r. IparA inn • CASE NUMBER Amended USR-661:84:57
COLORADO
October 19, 1987
TO WHOM IT MAY CONCERN:
Enclosed is an application from Sunshine Valley Petroleum Corporation for an
Amended Special Review permit for oil and gas production facilities in the
R-1 (Low Density Resi-dential) zone district. The parcel of land is
described as W} NW} of Section 33, T6N, 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 one mile north of the City of Greeley, south
of Weld County Road 64, and east of North 1st 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 October 30, 1987, so that we may give full consideration to
your recommendation. Please call Lanell J. Swanson 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 cur address listed above.
1 . We have reviewed this request and find that the request
9 (does/does not) comply with our Comprehensive Plan
for the following reasons.
0
We do not have a Comprehensive Plan, but we feel this request
e n
(is/is not) compatible with the interests of our
i� town far the following reasons:
..0 '3--i'7
c T J r_�J
j
Ril. \ We have reviewed the proposal and find no conflicts with our
interests. tiee ��etiQ'�1 9 - t` ��'
L�1/4i��t ��x1n
w—yrcca..; / _ c ;S1c%ricc 5�
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4. A formal recommendation is under cons dezation and will be
submitted to you prior to:
5.
Please) refer to the enclosed letter.
Signed: �`Z��L���fly Agency:
aim/6�
Date: -/�� //-7 0 1 ::,;66x::3
sect,ivi ,
+ er,6 IN
£ INCORPORATED 100
w■,■ YEARS
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V
GREELEY CIVIC CENTER, GREELEY, COLORADO 80631 (303)353-6123
City of
Greeley October 29 , 1987
Lanell J . Swanson , Current Planner
Weld County Department of Planning Services
915 10th Street
Greeley , t 80631
Dear Lanell :
At its October 27 , 1987 meeting, the Greeley Planning Commission
recommended no objections to the Amended number 36 : 87) only
ecial Review Permit
(case number Amended USR-661 : 84: 57 , city ci
with
the following comments:
1 . Were this in the City it would be prohibited. The lack of
any indication of residential development in this section
and the pattern of historic uses suggests the zoning may be
incorrect.
2 . Design standards amendments as requested should not be
allowed because existing and developing surrounding non-
industrial land uses require their presence.
3 . These design standards, as originally incorporated in
referral comments by reference , are again noted by
reference to the attached ordinance:
18. 40. 230 D. ; L. ; N (2-3, 5- 11 ) .
These regulations are offered as advisory in nature; the City
does not offer to extend jurisdiction by direct application of
these regulations . What is suggested is that , without reference
to City authority , they be continued as design standards .
The vote was 7-0 . Thank you for the opportunity to comment , and
please call if you have any questions .
cerely ,
Ni Yfo la K.Mdtz AICP
Planner II
871561
-PLANNING COMMISSION SUMMARY SHEET
ITEM: Weld County Referral
PROJECT: Amended Use by Special Review for Oil and Gas
Production Facilities in an R-1 (Low Density Residential)
Zoning District
APPLICANT: Sunshine Valley Petroleum
LOCATION: W 1/2 NW 1/4 of Section 33 , T5N, R65W (North of 1st
Avenue at "O" Street)
ZONE: R-1 (County Low Density Residential)
PLANNING COMMISSION HEARING DATE: October 27 , 1987
PLANNING COMMISSION FUNCTION:
To recommend to the Weld County Planning
development conformance with the Comprehensives sion on
Plan
PROJECT OVERVIEW:
1. This Use by Special Review for a single oil and gas well was
approved in 1985. The oil field area to the
east
to ndis south
th was
received a Use By Special Review (USR) previous
amended in 1987 . An amendment to this USR is requested in order
to:
a) drill and complete a second oil and gas well facility in this
field; and
b) amend adopted county design standards pertaining to the
operation of both wells in this field.
2 . The site is in an area that is largely agricultural to the north
and east with scattered farm residences. To the east are also a
series of existing and proposed approved well fields, identified
on the map as "rest of well field area. " This amendment site also
fronts on North First Avenue to the west. Across First Avenue
is continuous large lot residential development. Farther to the
southwest, south, and southeast (ranging from . 5 mile to 1+ miles)
is the City of Greeley.
3 . Each well site is 40 acres in size. The existing well and support
facilities is on the northern site, and the proposed well along
with an alternate site for support facilities is on the southern
site. The actual location of the existing support facilities is
approximately 300' from First Avenue.
I
871.533
PLANNING REVIEW COMMENTS:
1. Under the 1971 Comprehensive Plan, uses such as this were
appropriate within the municipal referral area because the site
was outside the 2010 Growth Ring and in an area suggested for
agricultural uses. Now under the 1986 Plan, the area is half
in and half out of the Long Range Expetocted
how industrial dseohArea n
d
consideration should normally be given
policies would treat this land use.
la. The change in Comprehensive Plan policies becomes significant
because all of Section 33 , which this well is located in, is
zoned R-1. The 1986 Plan suggests industrial uses are not
compatible in residential areas and require control of negative
external influences when adjacent to residential areas. The
city ordinance banning oil and gas drilling in residential
areas also has the affect of stating such industrial uses are
not compatible in residential areas.
lb. At this point, there is little or no residential development in
this area. Predominant land uses are agriculture and oil/gas
uses. Were this area in the city and zoned residetial, is
the oil and gas use would be prohibited. Thus, the
raised whether the zoning is appropriate for this area. The
continuing development of oil and gas here should be able to be
positively controlled through comprehensive planning.
2 . The need to buffer surrounding land uses is addressed by the
Comprehensive Plan.
(A-33) "that industrial development be geographically separated
(in this case, through the use of oil and gas
design
standards)
from other land uses if it is of a high impact nature
could generate significant external impacts. "
The presence of developed and developing large-lot residential
to the immediate west suggests land use design standards not be
ls not be
relaxed as requested. Setbacks from rht-of-way es. In addition,
less than 300' for wells and for support
fencing should be installed and maintained. The reference in
county design standards as to compliance with City of Greeley
ordinances pertaining to oil and gas well development should be
kept because it was the intent to assure safety considerations
through setback and fence separation that prompted this
recommendation previously, not a desire to restrict oil and gas
wells from residentially developed areas in the county.
ADMINISTRATIVE REVIEW COMMENTS: N/A
NEIGHBORHOOD MEETING REQUIREMENTS: N/A
€3715.63
7,y5 a2
PLANNING COMMISSION ACTION REQUESTED:
Recommend no objections to the Use by Special Review amendment only
with the following comments:
1. Were this in the city, it would be prohibited. The lack of
any indication of residential development in this area and the
pattern of historic uses suggests the zoning may be incorrect.
2 . Design standards amendments as requested should not be
allowed because existing and developing surrounding
non-industrial land uses require their presence.
1,203
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GIN OFGral-EY VICINITY MAP
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AMENDED
3
. S . R. NO . 661 : 84 : 57
DWG # 8703-(
VALLEY PETROLEUM CORPORATION
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W/2 NW/4
OF SECTION 33 - T. 6N. , R. 65W.
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1 LEGEND ,
O PROPOSED WELL
0 100 200. .. *1 EI0STNG WELL
SCALE IN FEET
PLAN VIEW 8715634
trsj E. ,•_200'
18 . 40 . 230
er': individual, firm, partnership, association, corporation,
club, society, cooperative, trust, municipal corporation
or political subdivision whatsoever.
f. "Proposed construction" means construction
for which the city has received an application for a building
permit. However, if actual construction is not commenced
within six months of the application, the request and any
submission attached to the request will not be considered
proposed construction. If submitted within six months of
the expiration of the aforementioned time period, the
reapplication for a building permit at the same site or
general site for which a previous building permit has expired
shall not be deemed proposed construction. •
g. "Well" means and includes any hole or holes,
bore or bores , to any sand, formation, strata or depth for the
purpose of producing and recovering any oil, gas, liquid
hydrocarbon, or any of them.
C. Unlawful to Drill for Oil or Gas in Residential or
Commercial Areas Without Obtaining Grant of Use by Special
Review. It is unlawful for any person to commence operations
for the drilling, completion or production of an oil or gas
well within any area zoned for commercial or residential use
within the city without first having lawfully complied
with the requirements of this code and any amendments thereto.
D.? Oil and Gas Wells Prohibited ,in Certain Areas'
and Locations . ' The drilling, completion or production of
oil and gas wells within the city and on any property.
zoned for industrial use shall be entirely prohibited:
1. Within three hundred feet beyond the boundary
of construction, proposed construction, approved platted
industrial park or industrial PUD, or staked out construction
site or area; or
2. Within three hundred feet of any residence
or business, commercial or industrial building; or
3. Within three hundred feet of any property line
separating properties under different ownership, unless by
joint agreement of the surface owners of properties on either
side of the property line. If the state, through its
commissions and regulatory agencies, applies a greater set-
back requirement with regard to property lines, the state
requirement shall apply; or
4 . Within three hundred feet of any actual- or
proposed street or alley; or
5. Within one hundred feet of any actual or
proposed utility easement or utility right-of-way; or
6. Within any of the streets or alleys of the city;
and no street shall be blocked or incumbered or closed in
any drilling or production operation except by special
permit by order of the city council and then only temporarily.
714-1 (Greeley 11/83)
8,1. )e+ •
18. 40. 230
E. Application for Use by Special Review. Persons
or firms desiring to drill any gas or oil well, with or
without accessory equipment or structures , shall file a
written application with the administrative official. Such
application shall meet the standards herein set forth, as
well as all other standards prescribed for use by special
review under the zoning code. The written application shall
contain the following general information:
1. Request for approval for use by special review
under the form and procedures of the zoning code. This
request shall include a full description of the intended use,
site improvements and characteristics of installation,
operation, maintenance, site restoration, and abandonment;
2. Evidence of leasehold, resource ownership , or
owner' s authorization;
3. The name and address of each owner of an interest
of record in the oil and gas lease under which such well is
to be drilled, operated, maintained, or abandoned;
4. The name and address of the person or firm in
charge of the operation and maintenance of such well;
5. The name and address of the person or firm
in charge of the work to be done under such permit;
6. A true and accurate listing of the names and
addresses of the owners of all real estate situated within
three hundred feet of the proposed well, accessory equipment
and structure site;
7. Evidence that the owners of one hundred percent
of the surface rights, exclusive of streets and alleys �J
within three hundred feet of the proposed well, accessory
equipment, and structure site have been notified of the
proposed use by special review and of their legal right to
protest such location to the city. The notification shall
be either a properly worded and executed petition or a record
of certified mailings with proof of receipt;
8 . Evidence of satisfaction of the bond requirement
(See subsections F, G and I of this section) ;
9. Evidence of satisfaction of the insurance
requirement (See subsections H and I of this section) ;
10. Site or master plan for intended use (See
subsection J of this section) . The number of copies to be
submitted shall be as specified by the administrative official;
11. Conceptual restoration plan (See subsection K of
this section) ;
12. Specification and graphic representation of the
equipment to be used and the improvements to be made. Specific
attention shall be given to the intended measures of noise
mitigation and ensuring of the public safety;
13 . Certification that the owners of the leasehold
interest and the persons in charge of the drilling, operation
maintenance, or abandonment of such well are familiar with
the ordinances of the city and will abide by the provisions
thereof;
1
(Greeley 11/83) 714-2
87,1353
18 . 40 . 230
/"'•. 14. Waste and storage plan (See subsection L of
this section) .
F. Bond Requirements. Every operator shall, prior to
commencing drilling, submit a bond in favor of the city in
the amount of fifty thousand dollars for each well to be
drilled. The bond is to be executed by the operator and a
corporate surety authorized to do business in the state and
conditioned that the operator shall :
1. Pay all fees and sums due the city hereunder
and comply and abide by the ordinances of the city and laws
of the state, and, should the operator fail to do so, to
pay all costs and expenses incident for such determination
by test or otherwise whether such failure to comply with
such -ordinances and laws has resulted in any damage to the
city or others, and if so, pay the expenses and costs -of
correcting such conditioncreated by such failure and all
damages resulting therefrom;
2. In case any bond _required herein shall lapse or
become void for any reason whatsoever, the use by right
under the terms of this section shall cease to exist until
a new bond shall be provided and filed with the administrative
official -0r the existing bond reinstated in full force, and
such well shall be shut down and all operations and pro-
duction thereof shall be suspended and discontinued, consistent
with safety consideration, until the filing -of such new bond
or reinstatement of such existing bond.
G. Blanket Bond. In lieu of the requirements provided
C= in subsection F of this section, an operator may file with
the administrative authority a blanket bond designed to
cover all drilling operations within the _city. At no time
shall the amount 9f such blanket bond be less than fifty
thousand idollars times the number of wells being trilled.
Additionally, an operator may file with the administrative
authority a blanket bond for all wells completed and in
operation -within the city. The amount of the operation
( blanket bond shall be -one hundred thousand dollars for all
such wells within the city limits.
H. Insurance Requirements. Every operator shall also
submit a copy of a policy of insurance in the amount of five
hundred thousand -dollars insuring the applicant and the
city against all claims or causes of action made against
either or both applicant and city for damages to persons
or property arising out of the drilling, maintenance, produc-
tion and other work tone with respect to such proposed oil
or gas well. Such policies shall be written by a company
authorized to -do business in the state.
I. Bond and Insurance aequirement Waiver. The admini-
strative authority may waive the requirements of subsections
F, G and -H of this section, if the operator signs a written
agreement which legally and substantively provides protection
\ .° 714-3 (Greeley 12/82)
871.333
18. 40. 230
to the city and its citizens at least equal to that required
-by subsections F, C and H of this section. Such agreement
-must specifically remain in full force and effect frcn the
commencement of drilling to the cessation of production.
If the administrative authority determines that an agreement
submitted under the terms of this section does not provide
full legal and substantive protection, the agreement shall
be rejected in writing and the operator must file the bond
and insurance policy required in subsections F, G and H
of this section. If filed within ten days from the date of
-execution of the written rejection referred to above, the
operator may appeal such decision to the city council. Such
appeal should take the form of a written request for waiver
of the bond and insurance requirements of this section,
-noting that such request has previously been rejected by the
administrative authority. Such appeal should be filed with
the city clerk and a true and accurate copy provided to the
administrative authority. The city council, by resolution,
may reverse the decision of the administrative authority.
J. Site and Master Plan.
1. Site Plan. Every applicant shall, at the time
-of filing an application, submit a site plan showing:
a. Dimensions of the proposed well location
lot and property lines, with a complete legal description
of the proposed well site and with reference thereon to the
surface owner of all such property within approximately three
hundred feet, potential accessory equipment, proposed roads
and permanent structures.
2. Master Plan. In lieu of the site plan required
by subsection J1 of this section, the applicant may submit a
master plan if more than one well is to be drilled in a two-
year period and within a single geographical area. Such plan
must include the following:
a. A full legal description of the single area
covered by the master plan;
b. For each well proposed in the area, all
information required by subsection J1 of this section;
c. If a battery of accessory equipment will
serve all or part of the proposed area, the site of such
battery must be included.
K. Well Site Restoration.
1. Upon abandonment of an oil or gas well or explo-
ration hole, the operator shall plug the hole in accordance
with the Colorado State Oil and Gas Conservation Commission
regulations.
2 . Wells that have penetrated a water-bearing
strata shall be lined sufficiently above and below the
strata to prevent contamination.
(Greeley 12/82) 714-4 ✓
�.r' .a6a3.3
18 . 40. 230
irt`, 3. When a well site is abandoned, all tanks, pumps ,
rigs, separators, treators, batteries, and any other facilities ,
equipment and structures associated with these installations
shall be removed.
-4. An abandoned well site shall be restored to a
condition substantially similar to the original contours
and condition, or better.
5. Site restorations shall include leveling and
reseeding all on-site roads, access roads, and areas disturbed
by well activity.
-6. To assure site revegetation, the city may require
special treatment such as temporary irrigation, windbreaks,
soil treatment, addition of topsoil, and protective ground-
cover and erosion control measures.
7. -Site recovery shall be consistent with Colorado
State Oil and Gas Conservation Commission regulations and
other applicable state and federal regulations.
L. Waste and Storage Requirements.
1. No oil and gas produced from any well shall be
saved, stored or confined in any tank or place or device of
confinement at the well site, except as such may be permitted
by the Uniform Fire Code, as adopted and amended by the city.
2 . To the maximum extent possible, no oil and gas
produced shall be permitted to escape the confines of the
well, the wellhead, or transmission lines into the surrounding
environment. Flaring of an oil or gas well shall be allowed
under the provisions of Section 9. 16. 020, Burning of refuse,
waste material and other open fires.
3. At no time shall fluids of any kind or type be
xun into, stored, or collected in unlined earthen pits. During
-the period of drilling, completion, operation, repair or
maintenance of any well, the operator shall provide watertight
tanks, vessels or pits lined with an impervious material to
contain drilling mud, water, or other types of liquid or
solid waste. Solid and liquid waste shall be regularly
_removed from the premises and disposed of in accordance with
law, and shall not be permitted to spill outside of the
working area.
4 . The premises shall be kept in a clean and sanitary
manner, free from rubbish of every character, to the satis-
faction of the enforcement official. It is unlawful for any
operator, their agent or employee, to permit within the
corporate limits of the city the discharge of any mud, water,
waste oil, slush or other waste matter from any slush pit,
atorage tank, or oil or gas well into the alleys , streets ,
lots, land or leases within the corporate limits of the city.
M. Public Hearing; Notice; Issuance or Denial of Use
by Special Review.
714-5 (Greeley 12/82)
13 . 40 . 230 •
1 . Upon receipt of all necessary application
materials, as specified herein and as necessary under the
use by special review provisions of the 'zoning code, the
city shall conduct public ₹:earings as prescribed for use
by special review.
2. Public notice shall be -given prior to the publi-c
hearings in the manner and form prescribed for use by special
review.
3. Conditions precedent to granting use by special
review for oil and gas drilling and production:
a. i. The reviewing body must first find
that in no event shall the density of oil wells exceed one
per forty acres, nor shall the density of gas wells exceed
one per _quarter section. Supplemental wells (i.e. fifth-
spot or injection wells) shall be permitted as demonstrated
to be necessary provided that they either substitute for or
share the site with the above-specified oil or gas wells.
_In aggregation, there shall be no more than five well sites
(excluding domestic or agricultural water wells) per quarter
section,
ii. Tanks, teeters, separators, and accessory
equipment shall be limited to one clustered installation
( "battery" ) per leasehold up to one-half section. Where
mineral right leaseholds/ownerships are less than one-quarter
section in size, such accessories and their location shall
be coordinated from one leasehold to the next in such fashion
that the apparent number of installations is minimized.
Shared or joined site utilization is encouraged; ��✓
b. The reviewing body must find that the appli-
cant tas presented satisfactory evidence of insurance as
required by subsections H and I of this section ;
c. The reviewing body must find that the appli-
cant has produced satisfactory evidence fulfilling the bond
requirement required by subsections F, G and I of this section;
d. -The reviewing body must find that the appli-
cant has provided the master or site plan as required by
subsection J of this section; and that such plan fulfills
the requirements of that subsection;
e. The reviewing body must find that the appli-
cant has a legitimate property interest sufficient to meet
the requirements of this subsection;
f. The reviewing body must find that the appli-
cant has provided notice to property owners pursuant to
subsection E7 of this section.
4. If the reviewing body determines that subsections
M3 (a-f) of this section have been fulfilled, then that body
shall proceed to determine the propriety of use by special
review. Such determination shall to made in the manner and
under the criteria set forth in Section 18 . 40 .170 .
(Greeley 12/82) 714-6
13 . 40 . 230
N. Drilling, Completion, production, and Maintenance oreaN Regulations.
1. All operations must be conducted in compliance
with the requirements of this subsection. Failure to follow
these requirements will Subject the user to the following
sanctions :
a. Enforcement of the penalty provisions of
this code;
b. Cessation and closure of drilling and pro-
duction by the city under the following terms and conditions :
i. The site of drilling and production
operations shall, at all times, be open for inspection by the
enforcement official or his authorized representative,
ii. If the enforcement official or his
authorized representative determines that drilling or comple-
tion operations are not proceeding in accordance with the
provisions of this subsection, that person shall immediately
notify the operator or producer in writing of the specific
nature of the noncompliance or default. The operator shall
have forty-eight hours from the time of such notice to
remedy any such noncompliance or default. If the operator
does not remedy any noncompliance or default within that
time period, his use by special review shall be terminated.
Dnce terminated, a use by special review shall be reinstated
upon full compliance with the provisions of this section. The
foregoing provision regarding notice and time to correct
shall not apply to any violation creating a danger to human
life or safety. For a safety violation, the enforcement
officer -may order immediate cessation of operations,
Within twenty-four hours subsequent to an order to
cease operations , the operator may request, in writing, a
hearing before the planning commission to review that order.
Such request shall be submitted to the enforcement official.
Zilch request shall be forwarded forthwith to the chairman
of the zoning board of appeals . The hearing shall be held
within seven working days of the receipt of the request
by the enforcement official. The chairman of the zoning
-board of appeals shall provide at least three days ' notice
to the operator of the date, place and time of hearing.
This hearing may be held at either a regular or special
meeting of the zoning board of appeals. After reviewing
evidence in support of the enforcement official ' s order,
-and evidence from the operator, protesting that order,
the zoning board of appeals shall render findings. If the
zoning board finds substantial evidence in support of the
order to cease operations, it shall affirm the decision of
the enforcement official. If the zoning board of appeals
does not find such evidence it shall strike the order and
reestablish the use by right, reversing the decision of the
enforcement official. The decision of the zoning board of
appeals shall be final subject to review by city council
4-
714-7 (Greeley 12/82)
8 ? SJ4
18 . 40 . 230
•
pursuant to Article 19, Section 5, of the Greeley City Charter.
2 . Surface pipe must be run and set in full compli-
ance with the applicable rules and regulations of the Colorado
Oil and Gas Conservation Commission and all applicable ordi-
nances. All gas pipe must be installed in conformance with
the Uniform Mechanical Code, 1979 edition.
3 . Adequate precautions shall be taken and necessary
wellhead safety devices used at all times during the drilling,
completion, production, repair and maintenance of the well.
4 . Operations for the drilling, completion and
equipping of any well to be drilled under the terms of this
section shall be completed within a period not to exceed one
hundred eighty days from the date of commencement thereof,
and all drilling equipment, pulling and swabbing equipment
removed on or before the expiration of such period.
5 . Private Roads and Drill Sites. Prior to and
during drilling operations, the operator shall maintain
adequate access to the well site . -luring operation of the
well, all private roads used for access to the drill site and
the drill site itself shall be graded for adequate drainage
and shall be surfaced and maintained to prevent dust and mud
and to provide access for fire protection.
S . Blowout Prevention. Appropriate blowout pre-
vention shall be provided to prevent the blowout of an oil
-or gas well during drilling and redrilling operation.
7 . Electric Motors For Pumping Operations . Only r
electric power motors. shall be used for pumping units. Power
for such motors shall be derived from a public utility outlet.
Where preexisting wells fail to meet this requirement, they
shall be deemed to be nonconforming and subject to compliance
within a six-month period.
S . Fencing. All drilling locations and equipment
as well as all pumps and equipment used in the operation of
a complete well shall be enclosed on all sides by a chain-
link fence at least six feet in height and, in addition, have
not less than three strands of barbed wire sloping outward
at approximately a forty-five degree angle for eighteen inches
from the top of the fence. There shall be no aperture below
such fence greater than four inches.
9. landscaping and/or Screening. The city may
require a landscaping or screening. Landscaping shall be
required where necessary in light of locational factors
(i.e. proximity to residential areas) and must be appropriate
to the surrounding environment. All apparatus located above-
ground shall be painted in muted tones to conform with
the surrounding area.
10 . Noise and Vibration Requirements. . -During all
operations, from commencement through abandonment, all noise
and vibration shall conform with the requirements of this code.
11. Control of Noxious Fumes, Etc. The operator
and producer shall make a good faith effort to control the
(Greeley 12/82) 714-8
18 .-40 . 230
escape of noxious fumes and in no event shall they be allowed
to become a nuisance to abutting properties .
12. Signs. An approved sign having a surface area
of not less than two square feet and not more than six
square feet, bearing the current name end/or insignia of the
operator, shall be displayed at all times from the commence-
ment of operations until abandonment. The sign shall warn
of safety hazards to the public. Advertising signs are
prohibited.
13. Adequate fire-fighting apparatus and supplies,
approved by the city fire department shall be maintained on
the drilling site at all times during drilling, completion
and repair operations. All machinery, equipment, and instal-
lations on all drilling sites within the city limits shall
conform with such requirements as may from time to time be
issued by the fire department.
1-4 . Building permits and all other applicable permits
shall be obtained by the applicant pursuant to federal,
state, and local law.
O. Deeper Drilling. Once any well has either been
completed as a producer or abandoned as a dry hole, it is
unlawful and an offense for any person to drill such well
to a deeper depth than that reached in the prior drilling
operations without providing evidence of the following to
the administrative official :
1. The then condition of the well and the casing
therein;
2 . The depth to which it is proposed such well be
deepened;
3. The proposed casing program to be used in con-
nection with proposed deepening operations ;
4 . Evidence of adequate current tests showing that
the casing strings in the well currently passed the same
tests as are in this section provided for in case of the
drilling of the original well. In the event the planning
commission and the city council are satisfied that the well
may be deepened with the same degree of safety as existed in
the original well , a supplemental use by special review may
be issued without additional filing fee authorizing the
deepening and operation of the well to such specified depth
as applied for. In any deeper drilling, or any deeper
completion of any deeper production operations, the appli-
cant shall comply with all other provisions contained in the
title and applicable to the drilling, completion and opera-
tion of a well or wells.
P. Transfer of Operations . Subsequent to a grant of
use by special review, no operator shall sell, transfer,
assign or convey the drilling site , equipment or operations
r
714-9 (Greeley 12/82)
571563
AFFIDAVIT OF PUBLICATION
THE JOHNSTOWN BREEZE• STATE OF COLORADO 1 ss
•
COUNTY OF WELD 1
I, Clyde Briggs, do solemnly swear that I• am publisher of The Johnstown Breeze;
that the same is a weekly newspaper
printed, in whole or in part, and published
NOTICE OF PUBLIC NEARING in the County of Weld, State of Colorado,
The Weld County Planning Corn- and has a general circulation therein; that
mh acionng will conduct a public r said newspaper has been published
hearingg on Tuesday. November
17.1937,at 1.30 p.m.to review a continuously and uninterruptedly in said
request for apSroval of an w County of Weld for a period of more than
amendment to a-1 (I,
wal fifty-two consecutive weeks prior to the
permit for oil and gas production
Resfacilides in the zone (alatricol from first publication of the annexed legal notice
Residential) etclleLG` or advertisement; that said newspaper has
Susc —. WIN G. been admitted to the United States mails as
mss, The Daroe o an Is
6thPM 33,eld C RAW of the second-class matter under the provisions of
th P.M,Weld County.Colorado, the Act of March 3, 1879, or any
•containing 80 acres,. more or
The Property la located amendments thereof, and that said
leas one male north of newspaper is a weekly newspaper duly
approximately south of
the City f North 1 Greeley,Road 64, and east qualified for publishing legal notices and
DThe h Acing to
advertisements within the meaning of the
The public hearin9Plan PlanningCorn-, laws of the State of Colorado.
the Weld CountyThat the annexed legal notice or advertise-
mission for the consideration of
beconduce referenced Weld C oom, ment was published in the regular 'Inc
Commissioners' Hearing Room, entire issue of every number of said weekly
e Floor,Weld o. Com ants •.
915 Tenth street newspaper for the period of consecu
nisi center, tive insertions; and that the firs
Greeley. riDlDrado. Comments or
wgungln tooathebets ldm County ou above publication of said notice was in the issue 0
said newspaper elated A.U. 117 DeZeuces to the Weld di
Greeley, Colorado
adoPlanning06 Services,,bf
915 Tenth Street. Room 342, and that the last publication of said noun
was in the issue of said newspaper date(
Greeley. Colorado prase beforate
the above date or presented er A.D. 19..f3.7.
the 1987c hearing on November
17, 1987. _,E'llf{q In witness whereof I have hereunto se
available the
application
are my hen this ...3•Q••• day of .D..Cr
the Department of Planning A.D. 19 .7
services Room Cen
th Centennial Greeley,el Center,
915
Tenth Street, 400 , Extension _
•
Phone Publishes
4400. /17,
Ann Garrison, Chairman •
Weld County Planning
Commission .
Toto be Breeze published in the Johns- Subscribed and sworn to before me,
Johns-
town Notary Public in and for the County c
To be published one In time by Weld,State of Coloradyo this ..3•G• day c
October, 29, 1987 Oct.... A.D. 19., , .• Notary Publi
• e14,19`91
My commigt'1i9%*(pfl
CGmTsrlsh e
My �,vcn
: 29G,dhP CJ 'd
JGhn ;ori0584
r,
•
U71553
SURROUNDING PROPERTY OWNERS
Sunshine Valley Petroleum Corporation
Amend USR-661:84:57
Lester B. Adams
1000 North First Avenue
Greeley, CO 80631
John E. and Neva E. Adams
1050 North First Avenue
Greeley, CO 80631
Coakley Cowherd
31332 Weld County Road 41
Greeley, CO 80631
Moro Farms
33877 Weld County Road 31
Greeley, CO 80631
Wilmer and Alma Bohlender
19999 Weld County Road 66
Greeley, CO 80631
Richard L. and Patricia Waymire
1050 North First Avenue
Greeley, CO 80631
Michael and Paul D. Hungenberg
623 East 18th Street
Greeley, CO 80631
William and Angela Hahn
190 "0" Street
Greeley, CO 80631
Walter J. Peters
Carpenter, WY 80254
Jake B. and Pauline Ehrlich
1449 North First Avenue
Greeley, CO 80631
Robert E. and Marjorie C. Quaco
-Route 1, Box 235-D
Greeley, CO 80631
Geraldine E. Martin
1409 North First Avenue
Greeley, CO 80631
Thomas J. and Cassandra Flower
1331 North First Avenue ..�,,�, m.,..,
Greeley, CO 60631 L° '
Page 2
-Benjamin P. and Amparo T. Gomez
512 5th Street
Greeley, EO 80631
Samuel L. and Ruth A. Roth
1255 North First Avenue
Greeley, CO 80631
Hoshiko Farm, Inc.
9th Avenue and First Street
Greeley, CO 80631
Katherine S. McElroy, et al
P.O. Box 609
_Greeley, CO -80632
Robert H. Bliss, et al
1672 South Spruce
Denver, CO 80237
Li 531
MINERAL OWNERS
Sunshine Valley Petroleum Corporation
Amend LTSR-661 :84 :57
Lester B. Adams
1000 North First Avenue
Greeley, CO 80631
John E. and Neva E. Adams
11350 North First Avenue
Greeley, CO 80631
National Completion Fund-C Fund
limited Partnership
c/o IR Energy Financing Corp.
8051 East Maplewood Avenue, Suite 218
Inglewood, CO 80111
Laramide Corporation of Idaho
P.O. Box 464
Nampa, ID 83651
Mazuma Turnkey Contractors, Inc.
11990 Grant Street, Suite 218
Northglenn, CO 80233
Energy Minerals Corporation
1616 Glenarm Street, Suite 1000
Denver, CO 80202
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I "4E ISIT
APPLICATION FOR
AMENII4ENT TO USE BY SPECIAL REVIEW 661:84:57
Department of Planning Servirn , 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 iuhdersigned, 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
661:84:57 covering the following described unincorporated area of Weld County,
Colorado:
LEGAL DESCRIPTION DE'SPECIAL -REVIEW PERMIT-AREA:
W':NW; of Se,-Lion 33, Township 6 North, Range b5 West
LEGAL DESCRIPTION OF PROPERTY CONTIGUOUS TO SPECIAL REVIEW PERMIT AREA:
W1/2ENW, W'NW SSW;, NW;NE SSW1/4 of )
Section 33
SW;SE;SW1/4 of_Section 28 ) -Township -6 North, Range 65 West
SEkSE'tSE' of Sa-tion 29
E%,E=,NE'„ NE'-NE'SE; of Section 32 )
PRESENT ZONE R-1 OVERLAY ZONES Airport
iviAL ACRE-ME-80 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 Esdhibit A
APPLICANT DR AUTHORIZED AGENT (If -different than above) :
Applicant: Sunshine Valley -Petroleum Corporation
950 Stafford
Casper, WY 82609
(307) 237-7854
Attorney-in-Fact: William G. Crews
1223 28th. Avenue, Suite 2
Greeley, CO 80831
351-0733
LESSEES OF RECORD OIL AND CAS LEASEHOLD-RIGHTS UNDER SUBJECT -PROPEk7TIES:
See attached Exhibit 13
STATE OF COLORADO )
ss.
COUNTY OF WELD
I thereby dam 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 heat of my knowledge.
William G. Crews, Attorney-in-Fact for
Sunshine Valley -Petroleum Corporation
S rscrihai and sworn to_before me this /4 -day of October, 1987.
My comscsassion e cpi ras:My-Commission Expires Juy 15,1991 oc.� D
1 Notary Publ'
8715s.
ATTACHMENT
to
APPLICATION FOR
AME2fl1ENT TO USE BY SPECIAL REVIEW 661:84:57
Sunshine Valley Petroleum Corporation
October 14, 1987
This Application for Amendment to Use by Special Review 661:-84:57 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 FFF (PROPERTY) OWNERS OF AREA COVERED BY
USE BY SPECIAL REVIEW PERMIT
Exhibit B: OIL AND GAS IEASEEDID OWNERS OF AREA COVERED BY USE -BY
SPECIAL REVIEW PERMIT
Exhibit C: AFFIDAVIT OF INTEREST OWNERS-SURFACE ESTATE with
attached list of all owners of lands within the
U.S.-R. area and within 500' thereof.
Exhibit D: AFFIDAVIT OF INTEREST OWNERS-MINERAL ESTATE with
attached list of owners of minerals and leaaees
thereof under the U.S.R. area.
A reproducible mylar plan map of the U.S.R. area and contiguous lards is also
a part of this Application.
Use by Special Review 661:84:57, granted by the Weld County Board of County
Commissioners (the "Board") to Weeks Energy Minerals Corporation on -February
28, 1985, authorized the drilling of a single oil and gas well in the NW'-,NW'
of Section 33, Township 6 North, Range 65 West, subject to 20 specific
Development Standards (the "Standards") . Sunshine Valley Petroleum
Corporation drilled and °pleted the well permitted by this V.S R, the Adams
#1.
The soils on lands -covered by the U.S.R. are classifed as follows in Soil
Survey of meld County, Colorado, Southern Fart published by the Soil
Conservation Service, United States Department of Agriculture:
Kim Loam, 1 to 3 _percent slopes (32)
Otero Sandy Loam, 0 to 1 percent slopes (50)
Otero Sandy than, 1 to 3 percent slopes (51)
The lards covered by the U.S.R. were zoned 12-1 by the Board at a tine when
residential development was anticipated in the area. This development has not
occurred and the lands continue to be used solely for agricultural and oil and
gas -purposes. For this reason, Sunshine requests an aierdmnent to the U.S.R.
so that it may drill and conplete -a further -oil -and 'gas well in the SW'NW'-, of
Section 33 (the "Infill Well") .
In addition, Sunshine requests amendment of two Standards now contained in the
U.S.-R. insofar as such standards apply -to both the Adams #1 well -and the
Inf ill Well.
AMENIIMENfT TO STANDARD 2:
EXISTING: The drilling and producing of the wells shall
conply with the City of Greeley's Ordinance
pertaining to oil and'gas well development.
PROPOSED: (delete)
REMARKS: Since this U.S.R. was granted, Greeley has adopted an
ordinance prohibiting oil and gas drilling (absent special
permission frau the City Council) on lards of the type
covered by the U.S.R. ; reference to Greeley's ordinance
consequently would prohibit drilling of any Infill Well
authorized by the Board. Since the SW',NW$ of Section 33
871563
is not located within the City of Greeley, reference to
Greeley's ordinance is unnecessary.
AIEIIIIENT TO STANDARD 3(b) :
EXISTING: A six foot chain link fence with three strand barbed wire top
shall enclose the tank battery cluster.
PROPOSED: If and when low density residential development takes place
within 300 feet of any well drilled hereunder, a six foot chain
link fence with three strand barbed wire top shall encln e the
tank battery cluster.
REMARKS: The lards covered by the U.S.R. are being used solely for
agricultural and oil and gas purposes. Fencing will
remove more land from -agricultural use than otherwise
would be necessary and will encourage weed growth which
may be halted only by application of herbicides. In view
of the present agricultural use, no prczcnt benefit will
result from the required fencing; instead, such fencing
likely Mill have only a negative impact on the present
surface use. If residential development of the U.S.R. -area
does take place in the future, plonvL fencing -of the tank
battery cluster will adequately protect the public health,
safety and welfare.
2
871563
EXHIBIT A
Amended U.S.R. 661:84:57
(Surface owners of U.S.R. Area)
CVNERS
Adams, Lester B.
1000 N. 1st. Avenue
Greeley, CO 80631
Adams, John E. & Neva E.
1050 N. 1st. Avenue
Greeley, CO 80631
871563
EOIIBIT B
AFFIDAVIT OF INTEREST OWNERS
SURFACE ESTATE
Anent to U.S.R. 661:84:57
Subject Property: WNW', of Sec.Lion 33, Township 6 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 ttmpiled 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 1�/efore me this T day of October, 1987.
•
My Cc.^r:iission expires: caw
)
_ ify Commission Expires July 15, 1991 otary Public
871563
EXFIIBIT B-1
Amended U.S.R. 661:84:57
(Surface owners in or within 500' of U.S.R. Area)
ASSESSOR'S
PARCEL NO. OWNER
0803-28-000-063 CoWhenl, Coakley
31332 WCR 41
Greeley, CO 80631
0803-29-000-067 Moro Farms
33877 WCR 31
Greeley, CO 80631
0803-32-000-022 Bohlender, Wilmer & Alma
19999 WCR 66
Greeley, CO 80631
0803-32-000-024 Waymire, Richard L. & Patricia
1050 N. 1st. Avenue
Greeley, CO 80631
0803-32-000-028 Hungenberg, Michael & Paul D.
623 E. 18th. Street
Greeley, CO 80631
0803-32-000-034 Capp, Lucille E.
1201 N. 1st. Avenue
Greeley, CO 80631
0803-32-000-038 Hahn, William & Angela
190 "0" Street
Greeley, CO 80631
0803-32-001-001 Peters, Walter J.
Carpenter, WY 80254
0803-32-001-002 Ehrlich, Jake B. & Pauline
1449 N. 1st. Avenue
Greeley, CO 80631
0803-32-001-003 Quaco, Robert E. & Marjorie C.
Rt. 1, Box 235-D
Greeley, CO 80631
0803-32-001-004 Martin, Geraldine E.
1409 N. 1st. Avenue
Greeley, CO 80631
0803-32-001-005 Flower Thomas James & Cassandra
1331 N. 1st. Avenue
Greeley, CO 80631
0803-32-001-006 Qfla, Benjamin P. & Anparo T.
512 5th. Street
Greeley, CO 80631
0803-32-001-007 Roth, Samuel L. & Ruth A.
1255 N. 1st. Avenue
Greeley, CO 80631
0803-33-000-005 Hoshiko Farms, Inc.
28607 WCR 50
Kersey, CO 80644
0803-33-000-007 Hoshiko Farms, Inc.
9th. Ave. & 1st. St.
Greeley, CO 80631
87156.1
0803-33-000-010 McElroy, Katherine S. et al.
P.O. Box 609
Greeley, CO 80632
0803-33-000-012 Bliss, Robert Harms et al.
3672 So. Spruce
Denver, CO 80237
0803-33-000-014 Hoshiko Farms, Inc.
0803-33-000-051 Adapts, Lester B.
1000 N. 1st. Avenue
Greeley, CO 80631
0803-33-000-056 Adams, John E. & Neva E.
1050 N. 1st. Avenue
Greeley, CO 80631
i1
871561
EXHIBIT C
AFFIDAVIT OF INTEREST OWNERS
MINERAL ESTATE
Amendment to U.S.R. 661:84:57
Subject Property: WNW; of Section 33, Township 6 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.
William G. Crews
Subscribed and sworn to before me this /17 day of October, 1987.
My commission expires: c2La-4, l
_r'.,^niss;on cxXasJLl}tL5,1991
Notary lie
8"71563.
_EMI= C-1
Mineral and Leasehold Owners - U.S.R. Area
MINERAL OWNERS:
Adams, Lester B.
1000 N. 1st. Avenue
Greeley, CO 80631
Adams, John E. & Neva E.
1050 N. 1st. Avenue
Greeley, CO 80631
LEASEHOLD OWNERS:
Sunshine Valley Petroleum Corporation
950 Stafford
Casper, WY 82609
National Completion EUnd 1983-C Limited Partnership
c/o IR Energy Financing Corporation
8051 E. Maplewood Ave. , Suite 218
Englewood, CO 80111
Laramide Corporation of Idaho
P.O. Box 464
Nampa, ID 83651
Maztma Turnkey Contractors, Inc.
11990 Grant St. , Suite 218
Northglenn, CO 80233
Energy Minerals Corporation
1616 Glenarm St., Suite 1000
Denver, CO 80202
871563
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