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HomeMy WebLinkAbout940076.tiff RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A BRINE WATER DISPOSAL FACILITY IN THE A (AGRICULTURAL) ZONE DISTRICT - CONQUEST OIL COMPANY WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 12th day of January, 1994, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Conquest Oil Company, 1610 29th Avenue Place, Suite 200, Greeley, Colorado 80631, for a Site Specific Development Plan and Special Review Permit for a brine water disposal facility in the A (Agricultural) Zone District on the following described real estate, to- wit: Part of the SE'-,-, SE! of Section 28, Township 1 North, Range 67 West of the 6th P.M. , Weld County, Colorado WHEREAS, said applicant was represented by Dale Butcher, Vice President of Conquest Oil Company, 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. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24.4.2 of the Weld County Zoning Ordinance as follows: a. The proposal is consistent with the Weld County Comprehensive Plan Agricultural Policies. The proposal will not remove prime agricultural land from production. b. The proposal is consistent with the intent of the Agricultural Zone District and is provided for as a Use by Special Review. c. The use which would be permitted will be compatible with the existing surrounding land uses which include agricultural production, oil and gas facilities, and rural residences. The uses which would be permitted will be compatible with the future development of the surrounding area as permitted by the existing zoning. 940076 PL0940 SPECIAL REVIEW PERMIT - CONQUEST OIL COMPANY PAGE 2 d. No overlay districts affect the site. e. Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Conquest Oil Company for a Site Specific Development Plan and Special Review Permit for a brine water disposal facility in the A (Agricultural) 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 shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Prior to recording the plat: a. A road improvements agreement shall be approved by the Board of County Commissioners. The agreement shall address the future maintenance of Weld County Road 19 from the south access of the facility to Weld County Road 6 and shall designate a restricted haul route on Weld County Road 19 to Weld County Road 6. b. The plat shall be amended to indicate no new entrances to the site shall be constructed or utilized. c. The applicant shall submit a recorded exemption to create the parcel on which the Special Review Permit is proposed, or the applicant shall submit an agreement which does not create a separate interest in the land. d. The applicant shall determine the final alignment and size of the tank farm. The total volume contained within the tank farm itself shall not be increased. 4. Prior to the release of building permits, the applicant shall submit to the Department of Planning Services a complete fire plan approved by the Brighton Fire Protection District. 940076 SPECIAL REVIEW PERMIT - CONQUEST OIL COMPANY PAGE 3 5. Prior to pressure testing at the facility, the Weld County Environmental Protection Services Division shall be informed of the specific dates in order to observe the process. 6. Five working days prior to commencing operations the applicant shall deliver written notice of intent to commence operations to the Department of Planning Services. a. The applicant shall provide a written document to the Weld County Health Department from the Colorado Oil and Gas Commission verifying that the facility and well are adequately designed to handle the proposed waste volumes. b. A detailed diagram of the injection well which has been approved and permitted by the Oil and Gas Commission shall be submitted to the Weld County Environmental Protection Services Division for review and documentation. c. A copy of the drilling log shall be submitted to the Weld County Environmental Protection Services Division. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of January, A.D. , 1994. IBOARD OF COUNTY COMMISSIONERS ATTEST� yyk, A � � WELD COUNTY, COLORADO / / o- ! , Weld County Clerk to the Board �( .J W. H. Webster, hair an c BY: ! GC42p, Deputy le t o the Bo Dale K. Hall, ro- em APPROVED AS TO FORM: EXCUSED DATE OF SIGNING (AYE) Geor e E. Baxter I �"� o mac"'--- 7.;-7-2C10,--re,."-, ,....... "-4.,._....- Co ounty Attorney tance L. Harbert ,�}7.S.�u�/ J /(i/A /�'/A-27%z., Barbara J. Kirkmeyer l 940076 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS CONQUEST OIL COMPANY USR #1033 1. The Site Specific Development Plan and Special Review Permit is for a brine water disposal facility (one Class II water injection well) in the A (Agricultural) Zone District as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. The facility shall be permitted to accept a maximum of 5,000 barrels of brine water per day. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. The facility shall receive no more than 60 truck deliveries of brine water per day. 4. The facility may only accept waste from dawn to 10:00 p.m. , seven days a week. 5. The facility shall be constructed and operated to insure that contamination of soil and groundwater does not occur. 6. A manager, knowledgeable in operating an injection well, shall be on site when the facility is receiving waste. 7. The existing Individual Sewage Disposal System shall be evaluated for adequacy and approved by a registered professional engineer prior to use. 8. A safe and adequate fresh water supply shall be available on the facility premises. 9. A two-foot by three-foot sign shall be posted at the entrance gate listing wastes accepted, hours of operation, and twenty-four hour emergency telephone numbers. 10. The name of the facility at which the filters will be disposed and copies of any required analysis shall be provided to the Weld County Environmental Protection Services Division. 11. No disposal of waste other than Class II, as defined by the Environmental Protection Agency, is permitted. Any change from the approved Class II use would require an amendment to this Special Review Permit. 12. The maximum permissible noise level shall not exceed the industrial limit of 80 dB(A) , as measured according to Section 25-12-102, CRS. 940076 DEVELOPMENT STANDARDS - CONQUEST OIL COMPANY PAGE 2 13. Fugitive dust shall be controlled on the site. 14. Ingress and egress to the facility shall be from Weld County Road 19 north to Weld County Road 6. Trucks shall not access the facility from the south. 15. The facility/operation shall comply with the approved road improvements and maintenance agreement. 16. A synthetic-lined spillage retention berm shall be constructed around each tank battery. The liner shall be installed according to the manufacturer specifications and instructions as approved by the Weld County Health Department. The volume retained by the spillage berm shall be greater than the volume of the largest tank inside the berm. The berm shall be designed by a registered professional engineer. The operator shall provide evidence from the engineer to Weld County Health and Planning Departments that the berm has been constructed to the design specifications. 17. All chemicals stored on site shall be stored in locked buildings, or on an impervious surface, provided manufacturer recommendations for safe storage and handling are in accord. In any event, manufacturer recommendations will take precedence. 18. Any required air emissions permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health. 19. The surfaces around the disposal area shall be constructed of an impervious material and graded to insure that all spilled waste is contained within the unloading pad. 20. The sump pit shall be lined and constructed with enough capacity to assure that all overflow/spilled waste is contained. The pit shall be constructed of fiberglass or alternative materials, provided that they are at least as durable and impervious as fiberglass. 21. The facility shall be entirely fenced and shall maintain locking gates during periods when the facility is closed. 22. Any analysis of waste shall be forwarded to the Weld County Health Department, Environmental Protection Division. The Division reserves the right to require additional, more extensive monitoring at a later date. 23. The facility shall maintain compliance with the proposed Treatment and Disposal Methods for the Waste Materials Associated of Oil and Gas Exploration and Production Regulations. 24. The facility shall maintain compliance with all applicable rules and regulations as promulgated by the Oil and Gas Conservation Act. 940076 DEVELOPMENT STANDARDS - CONQUEST OIL COMPANY PAGE 3 25. This facility shall comply with the laws, standards, rules and regulations of the Air Quality Control Commission, the Water Quality Control Commission, the Hazardous Materials and Solid Waste Division, the Colorado Oil and Gas Commission, and all applicable Weld County zoning laws and ordinances. 26. Upon cessation of injection activities, a detailed closure plan shall be submitted to Environmental Protection Services for review and approval. This shall include the manner in which the well will be plugged and abandoned, as well as specific details regarding reclamation of the property. 27. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 28. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 29. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 30. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. 31. The Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development 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 Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 32. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 33. Existing accesses on the Vessels Oil and Gas Special Review site shall provide ingress and egress to the Conquest facility. No new access shall be allowed on the property. 940076 HEARING CERTIFICATION DOCKET NO. 94-06 RE: SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR A BRINE WATER DISPOSAL FACILITY IN THE A (AGRICULTURAL) ZONE DISTRICT - CONQUEST OIL COMPANY A public hearing was conducted on January 12, 1994, at 10:00 A.M. , with the following present: Commissioner W. H. Webster, Chairman Commissioner Dale K. Hall, Pro-Tem Commissioner George E. Baxter Commissioner Constance L. Harbert Commissioner Barbara J. Kirkmeyer Also present: Acting Clerk to the Board, Shelly Miller Assistant County Attorney, Lee Morrison Planning Department representative, Greg Thompson Health Department representative, Trevor Jiricek The following business was transacted: I hereby certify that pursuant to a notice dated December 15, 1993, and duly published December 30, 1993, in the Windsor Beacon, a public hearing was conducted to consider the request of Conquest Oil Company for a Site Specific Development Plan and Special Review Permit for a brine water disposal facility in the A (Agricultural) Zone District. Lee Morrison, Assistant County Attorney, made this a matter of record. Greg Thompson, Planning Department representative, entered the Planning Commission's favorable recommendation, as stated in the Corrected Resolution of Recommendation, into the record. He suggested adding Condition of Approval #4b, concerning the new entrance on the plat, and Condition of Approval #4c, concerning revision of the lease agreement between Vessels and Conquest or a recorded exemption, to said resolution. Dale Butcher, Vice President of Conquest Oil Company, represented the applicant and briefly explained Conquest's background. He said Conquest has a similar facility five miles south of Kersey. The proposed facility will be located near Weld County Roads 4 and 19, where an existing oil and gas facility is located. Mr. Butcher said there is a high demand for this type of facility and reiterated both the Planning Commission and the Planning staff had recommended approval. He questioned whether Development Standard #16 could be revised to allow an impermeable liner rather than concrete for the spillage retention berm, explaining the liner would be less than one-fifth of the cost and provide comparable protection. Concerning Development Standard #33, Mr. Butcher questioned whether there would be flexibility to realign the tank battery if necessary. If the realignment would not be allowed, a new access would be needed. He also requested flexibility to use larger volume water tanks if the research shows they are more economical, explaining there would be fewer tanks with each holding more water. He assured the Board, however, there would not be a greater volume of liquid on site than permitted and the berm would hold the volume of the largest tank. In response to a question from Commissioner Kirkmeyer, Mr. Butcher indicated he was not aware of the issue concerning the lease agreement with Vessels; however, it should be no problem to change the agreement so a recorded exemption would not be required. On behalf of Commissioner Hall, Mr. Morrison explained that since Vessels is the property owner with which Conquest has a lease, there is a separate interest in land because only a portion of the parcel is leased. However, the matter could be resolved by a license agreement or a recorded exemption, and Mr. Morrison indicated he would work with the applicant concerning the options. There was further discussion concerning the time frame for a recorded exemption. In 940076 CC .: PL RE: HEARING CERTIFICATION - CONQUEST OIL COMPANY PAGE 2 response to a question from Commissioner Baxter, Trevor Jiricek, Health Department representative, indicated this is the first time staff has recommended a concrete berm rather than a liner system and agreed with Mr. Butcher that a comparable barrier could be created with a synthetic liner. He also stated larger tanks would be acceptable as long as the berm would hold the volume of the largest tank and an engineer could certify that the weight of the tanks would not damage the liner. He reiterated, for Commissioner Hall, the size of the tanks would not be a concern. Discussion ensued concerning the entrances, and Mr. Butcher reiterated if the flexibility would be allowed to move the tanks, a new access would not be required. He also indicated the tanks would be realigned before the plot plan was finalized. Mr. Thompson noted if the larger tanks were used, the amount of liquid on site should not exceed the allowed limit. There was discussion of the haul route to be used and how it would be monitored, and Mr. Butcher indicated he would encourage drivers to use Weld County Road 6, which is paved, rather than Weld County Road 19, which is gravel. No public testimony was offered concerning this matter. Commissioner Kirkmeyer moved to approve the request of Conquest Oil Company for a Site Specific Development Plan and Special Review Permit for a brine water disposal facility in the A (Agricultural) Zone District, based on the recommendations of the Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards as entered into the record including the change to Development Standard #16 concerning the liner of the berm and the addition of Conditions of Approval #4b and #4c as recommended by staff. Mr. Jiricek read the suggested language for Development Standard #16, and Mr. Butcher consented to the suggested changes and additions. Commissioner Baxter seconded the motion. Mr. Butcher questioned whether the increased tank size and the flexibility to realign the tank battery should be part of the motion. Mr. Morrison suggested adding Condition of Approval #4d concerning the tank size, and Mr. Thompson suggested including the volume of the tanks located in the berm shall not be increased. Commissioners Kirkmeyer and Baxter consented to include the suggested changes in the motion, which carried unanimously. (NOTE: Condition of Approval #3 was met prior to the Board of County Commissioner's hearing; therefore, the abovementioned Conditions of Approval #4b, #4c, and #4d will actually be Conditions of Approval #3b, #3c, and #3d in the Board's resolution, with the following Conditions being renumbered consecutively. ) This Certification was approved on the 17th day of January, 1994. /1 APPROVED: BOARD OF COUNTY COMMISSIONERS / Lw= WELD COUNTY, COLORADO Weld County Clerk to the Board // ster q/ By;4A W. H. We • Chairman Deputy Cler to the Boar � I Dale K. Hall, Pr -Tem TAPE #94-05 EXCUSED DATE OF APPROVAL Geo a E. Baxter DOCKET #94-06 / Con tance L. Harbert PL0940 L frail/LA4 _ � � AtiS �in �_L' bara J. Kirkmeyerl 940076 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 12th DAY OF January 1994: DOCKET II 94-06 - USR, CONQUEST OIL COMPANY DOCKET 11 94-07 - SERVICE PLAN, THOMPSON RIVERS PARK AND RECREATION DISTRICT DOCKET II 44-GT - USR, THOMAS AND BEVERLY TROSTEL DOCKET II 94-04 - USR, STEVEN M. LONDON DOCKET 11 94-12 - VACATE CD & CLOSURE OF EATON LANDFILL, MCMILL, INC../AL MILLER, C/O ANSON PLEASE write or print your name legibly, your address and the DOCKET II (as listed above) or the name of the applicant of the hearing you are attending. NAME ADDRESS HEARING( ATTENDING cl( _i i- .k 0 - t. i'd -2.\-6-6 c'� t�- e O . D c.v)etta_ L-e,N cod , ,, .3 , Le,., .N 4/S1 I '0c -, . _„ �� / 4 11- a c J I \ , ANC L, /3,1 , a 4(.?/ 1. .i oe Ueswr.c be, Cl ii- 07 _. ,.C_ 31.0 IV.4t_-f. L-ov e/Ahel C, �� ti—.67 l-4a), /((/,;z�;{, t X12 .).corn LICk ?t IC , , e lay h qV. n.7 j, t.'vAket LU, WC et m4 `iggq IOCk' Ner.i a1',4�m 11( D I Cl ilia ,l44-5 /x -;2. iv Qom. 1 4.J1'c +n en % yee7 }'�. — ....� Lt-n.�--A-c., f5 '3'1t77;a ,r., h. c „ 1 r -El,r, ,rI ri 1 _., i1 - -e ' ! a Mis 4-0,(9S C)Ol Ci\-ii 7`� c�J/ /� ,i1n,-tr'„) n CL) 7'/ /'?'/ �/ � _ . 0 V5�e 7 �rt� � �E�r«�.� � la l�2r�i' ���ceT :. � � C"Cs l P /t in:,e. k! cl:t?A, /f/c/ Wee- {/7 .Xitzre ,., C ev '6) Frye), %ec t�1�,/i,ee L / S`/Y1 /t 2 /7FL�vitea (le y`/O 7 e av, 4 . G4•La'--L% /i7 F e.,/6/J- e• ti../✓I<olri! Cz. 9 V n 7 -) . SK,tk L. 1245th((≥ 19 _ k/ ,t ie C' 1', 4Pt I—�eet��\i' /(-/0Ali ?it_ 4,,,,, (hL iVe ,rte_ kr /4/n 9 9,#( /LS" /C y Kt.) ? a '7 Ioev,,n i, 7 cc/ W (., 1\i 4 1lyl�hick 94 0 !✓' // y j OL ,2t CI µ.,(1 9.o /f(-) L '( '/1' lo I i 3 `)`/)7 1 � . �1/t.tl^ u� << . 1"k• �- z -20//6 Gkt/< a '� JJL<,-,<_k% 2d :I/3 `i 00 940078 NOT I C E The Board of County Commissioners of Weld County, Colorado, on January 12, 1994, conditionally approved a Site Specific Development Plan and Special Review Permit for the property and purpose described below. Conditional approval of this plan creates a vested property right pursuant to Article 68 of Title 24, C.R.S. , as amended, for a period of three years. APPLICANT: Conquest Oil Company 1610 29th Avenue Place, Suite 200 Greeley, Colorado 80631 LEGAL DESCRIPTION: Part of the SE'„ SE* of Section 28, Township 1 North, Range 67 West of the 6th P.M. , Weld County, Colorado TYPE AND INTENSITY OF APPROVED USE: A brine water disposal facility in the A (Agricultural) Zone District SIZE OF PARCEL: 1.37 acres, more or less Failure to abide by the terms and conditions of approval will result in a forfeiture of the vested property right. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN CLERK TO THE BOARD. BY: t , f, ILThiL— Deputy C rk to the Board PUBLISHED: January 20, 1994, in the Windsor Beacon VVVVVV 946075 San I The Beard ef County Commissioners of Weld AFFIDAVIT OF PUBLICATION County, Colorado,on January 12, 1994, consdondy approved a STATE OF COLORADO Site Specific SS Development Plan and COUNTY OF WELD Special Review Permit for the property and purpose described I, ROGER A. LIPKER, of said County of Weld, being duly below. Conditional sworn,say that I am publisher of approval of this plan creates • vested property tight pursuant WINDSOR BEACON to Article 98 of Tide 24, C.R.apea"ae amendike* arIar a weekly newspaper having a general circulation in said •psrlN of d•w wars. County and State, published in the town of WINDSOR, in AP►UCANT:Conquest said County and State; and that the notice, of which the Av dwprla e, ■Aves annexe is a true copy, has been published in said weekly n. Place, Saks for I successive weeks, that the notice was ma,Greeley.Coloreds a98s1 published in the regular and entire issue of every number of LEGAL DESCRIPil01k the paper during the period and time of publication, and in Pot of the SE 1/4 E the newspaper proper and not in a supplement, and that 1r4 of Section 29, the first publication of said notice was in said paper bearing Township I North, the date of th t0•tiya 87 West of w day of A.D., 19 41 and the M PAL,Weld County. �y. oskMo last publication bearing4he date of the TYPE _day of A.D., 19_ and that OF PE ANDINTENVED WA the said WINDSOR BEACON has been published brine water disposal continuously and uninterruptedly for the period of 5 facility In the A consecutive weeks, in said County and State, prior to the ( tural) zone date of first publication of said notice, and the same is a newspaper within the meaning of an Act to regulate printing 812E OF PARCEL:is of legal notices and advertisements, approved May 18, •01 LWore or less 1931, and dd‘r_ all prior acts so far as in force. le es to abide bythe terra tal wrest rt i e8►ratd wB reardtMa teredve of the vested ISHER peamw dpht. BOARD OF COUNTY Subscribed and sworn so to before me this 9k l day of COMMISSIONERS, ,'/�JF(�"'°�o 19 4`>! WELD COUNTY, (*arms COLORADO /�✓tiiitifrrA BY: DONALD D. NOTARY PUBLIC WARDEN,CLERK TO THE BOARD ,� j 2 / �� My commission expires 9141 y 9 BY: Shelly K. Miller, Deputy Clerk to the Board ►tdilldliai" Wattle is Janirae►as 940976 NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the Site Specific Development Plan and Special Review Permit are requested to attend and may be heard. Should the applicant or any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. DOCKET NO: 94-06 APPLICANT Conquest Oil Company 1610 29th Avenue Place, Suite 200 Greeley, Colorado 80631 DATE: January 12, 1994 TIME: 10:00 a.m. REQUEST: A Site Specific Development Plan and Special Review Permit for a brine water disposal facility in the A (Agricultural) Zone District LEGAL DESCRIPTION: Part of the SE,' SE,' of Section 28, Township 1 North, Range 67 West of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 3 miles east of the City of Northglenn; north of Weld County Road 4 and west of Weld County Road 19 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: Linda M. Dodge Deputy Clerk to the Board DATED: December 15, 1993 PUBLISHED: December 30, 1993, in the Windsor Beacon 9y0 AFFIDAVIT OF PUBLICATION ! STATE OF COLORADO Pursuant to the set* ss laws of the State of DATE: .fr a 12, COUNTY OF WELD Colorado and the Weld 1984 County Zoning Ordinance, a public TIME:10:ooran. I, KEITH HANSEN, of said County of Weld, being duly hearing will be held In sworn,say that I am publisher of the Chambers of the REQUEST: Board of County A Site Specific Comoissorwrs of Weld Development Plan and WINDSOR BEACON County,Calmedo,Weld Special Review Permit County Centennial for a brine water a weekly newspaper having general circulation in said Center.91510th Street UNPINS facility Into A news P Pe a First Floor, Gtnley, (Agricultural) Zone County and State, published in the town of WINDSOR, Colorado, at the Wna DMict in said County and State; and that the notice, of which specified. All paeans the annexed is a true copy, has been published in said In any uMrnaf 1 SAL DESCRIPTION: Interested In the Site PM of the SE tat SE . weekly for_ _successive weeks, that the notice Specific Development 1/4 of Section 29, was published in the regular and entire issue of every plan and Special Township 1 North. number of the paper during the period and time of Review Permit we NOS 67 West el 8a publication, and in the newspaper proper and not in a reeves ted to attend per"Web ' supplement, and that the first publication of said notice nay be heard. Ceier•do pP t+ was in said paper bearing the date of the Should the applicant or LOCATION : _ it any interested party Appredmately3 miles �)0 day of -�Q- -ZiiG�, , A.D., 19`j3 and deeds the presence eta east of the City of oat reporter to male• Nenhllenn; north of the last publication bearing the date of the record of ..tine $51 County Road 4 preoedings,in addsm sad west of WeW day of , A.D., 19_ and to Me taped record! CertyRoedl5 that the said WINDSOR BEACON has been published which will be kept during the heating,the BOARD OF COUNTY continuously and uninterruptedly for the period of 5 Clerk to the Board's COMMISSIONERS, consecutive weeks,in said County and State, prior to the OIYs shall be advised WELD COUNTY, date of first publication of said notice, and the same is a a meting of such actin COLORADO at an five dart piYr newspaper within the meaning of an Act to regulate to the hearing. The SY: DONALD D. printing of legal notices an advertisements, approved esstei engaging a mat WARDEN, WELD May 18, 1931, and all prior is ar as in force. reporter shell be borne COUNTY CLERK TO / Wyllie requesting party. NE BOARD • BE IT ALSO KNOWN SY: Leda M. Dodge, fhm the text and maps Deputy Clerk to the v P LISHER no codified by theWeld Board a County Planning _, II Permission may be DATED: December 15, Subscri d and sworn to before me this �d day ermined in the office 1993 of 19 93 01 the Clerk to the // , Board of County Peblehed In' the / 64-XI 71,. Commissioners,located Windsor beacon on .C� C �LCtrt-ryl.a in the Weld County Dessese98119». NOTARY PUBLIC Centennial Center,915 2 Greeley. doh' My commission expires v-/2r / ft DOCKET NO:94-06 APPLICANT:Conquest Oil Company, 1810 29th Avenue Place, Suite 200, Oreeloy, Colorado 80631 9,_.G (t 1 CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Docket 1194-06, was placed in the United States mail, postage prepaid, addressed to the following property owners. DATED this p(D t" day of -C',-f-1,4Lh/ , 1993./46/1 "194-7/10-Deputy Clerk to the Boakd Vessels Oil & Gas Co. Marla S. Howard Attn: Stan Marker 5000 Mayflower Road 2000 Prudential Plaza Norfolk, VA 23508 Denver, CO 80265 Amoco Production Company Vessels Oil & Gas Co. PO Box 800 1050 17th St. , Suite 2000 Denver, CO 80201 Denver, CO 80601 Conquest Oil Company David E. and Carol C. Howard and 1610 29th Avenue Place, Suite 200 James L. Johnson Greeley, CO 80631 8709 WCR 4 Brighton, CO 80601 Schneider Sons Farms 8631 W. 69th Place Arvada, CO 80004 Public Service Company of Colorado 500 Prudential Plaza 1050 17th St. Denver, CO 80265 Clifford S. Wagner and Kenneth R. Wagner 648 WCR 19 Brighton, CO 80601 David E. Howard and Carol C. Howard 8709 WCR 4 Brighton, CO 80601 Donald G. Howard 8739 WCR 4 Brighton, CO 80601 John E. Howard 8679 WCR 4 Brighton, CO 80601 9 '",!'P, BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION CORRECTED RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Tom Rulon that the following resolution be introduced for passage with amendments to Condition of Approval 3a, the deletion of Conditions of Approval 3b, 4a, and 4b, and the addition of Condition of Approval Number 7, by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR-1033 NAME: Conquest Oil Company ADDRESS: 1610 29th Avenue Place, Suite 200, Greeley, CO 80631 REQUEST: A Site Specific Development Plan and a Special Review permit for a brine water disposal facility in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SE4 SE4 of Section 28, T1N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 3 miles east of the City of Northglenn; north of Weld County Road 4 and west of Weld County Road 19. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: The proposal is consistent with the Weld County Comprehensive Plan Agricultural Policies. The proposal will not remove prime agricultural land from production. The proposal is consistent with the intent of the Agricultural zone district and is provided for as a Use by Special Review. The use which would be permitted will be compatible with the existing surrounding land uses which include agricultural production, oil and gas facilities, and rural residences. The uses which would be permitted will be compatible with the future development of the surrounding area as permitted by the existing zoning. No overlay districts affect the site. Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. n . r.C` fxh /6/fG CI n7 co RESOLUTION, USR-1033 Conquest Oil Company Page 2 This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Planning Commission's recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder' s office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Prior to the Board of County Commissioners hearing: a. the applicant shall submit a drainage plan to the Department of Planning Services which has been approved by the County Engineering Department. The drainage plan will be submitted to the Engineering Department 10 days prior to the Board of County Commissioners Hearing to allow adequate time for review. b. The applicant shall provide to the Department of Planning Services an agreement with the water well owner for use of the on-site well in the Special Review facility. 4. Prior to recording the plat: a. A road improvements agreement shall be approved by the Board of County Commissioners. The agreement shall address the future maintenance of Weld County Road 19 from the south access of the facility to Weld County Road 6 and shall designate a restricted haul route on Weld County Road 19 to Weld County Road 6. 9"-16117C; RESOLUTION, USR-1O33 Conquest Oil Company Page 3 5. Prior to the release of building permits, the applicant shall submit to the Department of Planning Services a complete fire plan approved by the Brighton Fire Protection District. 6. Prior to pressure testing at the facility, the Weld County Environmental Protection Services Division shall be informed of the specific dates in order to observe the process. 7. Five working days prior to commencing operations the applicant shall deliver written notice of intent to commence operations to the Department of Planning Services. a. The applicant shall provide a written document to the Weld County Health Department from the Colorado Oil and Gas Commission verifying that the facility and well are adequately designed to handle the proposed waste volumes. b. A detailed diagram of the injection well which has been approved and permitted by the Oil and Gas Commission shall be submitted to the Weld County Environmental Protection Services Division for review and documentation. c. A copy of the drilling log shall be submitted to the Weld County Environmental Protection Services Division. Motion seconded by Shirley Camenisch. VOTE: For Passage Against Passage Ron Sommer Tom Rulon Juliette Kroekel Marie Koolstra Shirley Camenisch Judy Yamaguchi The Chairperson 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. RESOLUTION, USR-1033 Conquest Oil Company Page 4 CERTIFICATION OF COPY I, Sharyn Ruff, Recording Secretary for 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 December 7, 1993. Dated the 7 of Dec ber, 1993. Sharyn F. uff Secretary 9n t+. 75 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Conquest Oil Company USA-1033 1. The Site Specific Development Plan and Special Review permit is for a brine water disposal facility (one Class II water injection well) in the A (Agricultural) zone district as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon The facility shall be permitted to accept a maximum of 5,000 barrels of brine water per day. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. The facility shall receive no more than 60 truck deliveries of brine water per day. 4. The facility may only accept waste from dawn to 10:00 p.m. , seven days a week. 5. The facility shall be constructed and operated to insure that contamination of soil and groundwater does not occur. 6. A manager, knowledgeable in operating an injection well, shall be on site when the facility is receiving waste. 7. The existing Individual Sewage Disposal System shall be evaluated for adequacy and approved by a registered professional engineer prior to use. 8. A safe and adequate fresh water supply shall be available on the facility premises. 9. A 2-foot by 3-foot sign shall be posted at the entrance gate listing wastes accepted, hours of operation, and twenty-four hour emergency telephone numbers. 10. The name of the facility at which the filters will be disposed and copies of any required analysis shall be provided to the Weld County Environmental Protection Services Division. 11. No disposal of waste other than Class II, as defined by the Environmental Protection Agency is permitted. Any change from the approved Class II use would require an amendment to this Special Review permit. 12. The maximum permissible noise level shall not exceed the industrial limit of 80 dB(A) , as measured according to Section 25-12-102, CRS. 13. Fugitive dust shall be controlled on the site. DEVELOPMENT STANDARDS, USR-1033 Conquest Oil Company Page 2 14. Ingress and egress to the facility shall be from Weld County Road 19 north to Weld County Road 6. Trucks shall not access the facility from the south. 15. The facility/operation shall comply with the approved road improvements and maintenance agreement. 16. A concrete spillage retention berm shall be constructed around each tank battery. The volume retained by the spillage berm shall be greater than the volume of the largest tank inside the berm. The berm shall be designed by a registered professional engineer. The operator shall provide evidence from the engineer to Weld County Health and Planning Departments that the berm has been constructed to the design specifications. 17. All chemicals stored on site shall be stored in locked buildings, or an impervious surface, provided manufacturer recommendations for safe storage and handling are in accord. In any event, manufacturer recommendations will take precedence. 18. Any required air emissions permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health. 19. The surfaces around the disposal area shall be constructed of an impervious material and graded to insure that all spilled waste is contained within the unloading pad. 20. The sump pit shall be lined and constructed with enough capacity to assure that all overflow/spilled waste is contained. The pit shall be constructed of fiberglass or alternative materials, provided that they are at least as durable and impervious as fiberglass. 21. The facility shall be entirely fenced and shall maintain locking gates during periods when the facility is closed. 22. Any analysis of waste shall be forwarded to the Weld County Health Department, Environmental Protection Division. The Division reserves the right to require additional, more extensive monitoring at a later date. 23. The facility shall maintain compliance with the proposed Treatment and Disposal Methods for the Waste Materials Associated of Oil and Gas Exploration and Production Regulations. 24. The facility shall maintain compliance with all applicable rules and regulations as promulgated by the Oil and Gas Conservation Act. 940076 DEVELOPMENT STANDARDS, USR-1033 Conquest Oil Company Page 3 25. This facility shall comply with the laws, standards, rules and regulations of the Air Quality Control Commission, the Water Quality Control Commission, the Hazardous Materials and Solid Waste Division, the Colorado Oil and Gas Commission, and all applicable Weld County zoning laws and ordinances. 26. Upon cessation of injection activities, a detailed closure plan shall be submitted to Environmental Protection Services for review and approval. This shall include the manner in which the well will be plugged and abandoned, as well as specific details regarding reclamation of the property. 27. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 28. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 29. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 30. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 31. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development 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 Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 32. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 33. Existing accesses on the Vessels Oil and Gas Special Review site shall provide ingress and egress to the Conquest facility. No new access shall be allowed on the property. 940076 WEST ADAMS 60 South 27th Avenue SOIL CONSERVATION - -, ..• -Brighton, CO 80601 DISTRICT 659'--7004 November 4 , 1993 Department of Planning Services Weld County Administrative Offices 1400 North 17th Avenue Greeley, Co. 80631 RE : Case # USR-1033 Brine Water Disposal (1 . 37 Acres) On October 26, 1993 we received a copy of the application For Use by Special Review Permit . This request has been submitted by Conquest Oil Company. I have had the opportunity to review the plan that has been submitted by Conquest Oil Company. Upon review we find the following: The application has taken into consideration the soils and geological suitability. The plan has addressed mitigation and conservation measures and has adequately delineated the impact area. We feel that the plan has taken into consideration many vital elements and at this time find no significant discrepancies in the plan submitted. We would ask that should any alterations to the plan submitted be made that our office be notified. COscar Haake t, President Board of Supervisors ti DEC 2 1 1993 EXh i b il-- : < 'Veld County Planning 940076 re 2 1993 CaNWr Weld County Planning December 17, 1993 Ms. Gloria Dunn Weld County Department of Planning Services 1400 N. 17th Avenue Greeley, CO 80631 Dear Gloria: A requirement of USR #1033 is that we provide a drainage plan approved by the County Engineering Department. Our engineer, Jay Freese, has worked with Dan Carroll in this regard and has submitted the attached letter for your review. The letter is addressed to Drew Scheltinga, however, Drew has asked that the submission be made to you and then be forwarded by you to him. Since this requirement must be fulfilled prior to our Board of Commissioners hearing, please give this immediate action. Feel free to call if you have any questions. Sincerely, CONQUEST OIL COMPANY Dale S. Butcher Vice President DSB:dla cc enclosure 3400 West 16th Street . Suite 6L • Greeley, CO 80631 • 303/356-5560 940076 'reese &ngjineerin ENGINEERING CONSULTANTS MAILING ADDRESS: BOX 913 e JASPER JAY" "FREESE OFFICE:-69S67+-AVENUE 1523-6th Avenue REGISTERED LAND ANPROD SURVEALENGINEER GREELEY, COLD. 80632 RecisrERED�nNDsuavEroR PHONE: 352-0100 December 14, 1993 Mr. Drew Scheltinga Weld County Engineer 933 North 11th Avenue Greeley, CO 80631 Subject: Drainage Review--Conquest Oil USR Part of SE}, Section 28, T. 1 N. , R. 67 W. Dear Sir: After discussion with Dan Carroll of your staff on December 10, 1993 , we agreed that we would just consider the area to be used by the Conquest Oil USR as a basis for the drainage report. The tank farm will be bermed so there will be no runoff from it. The remaining area will require a pond holding 2,000 cubic feet based on a 1 hour-100 year storm (2.04 in. /hr.) and no release flow. If you have any questions, please contact me. Computations and a sketch plan are included. Respectfully Jasper F e = 2 ?;1 Colorado ' .E. & L.S. 43 2 ,' 'I" JF:mp �Fa 940076 Name 1.�._O tJ rj 0 C.-171% _ 0I•t.— _. DateC .S_. l . 19 9_.3.. Assignment g — 96 SHT ___d. of �k.e. i.- :aGE Cones 1 E 200 t4'o . . za,001) -I ..- !0. x' . MO --r21.0 t,.. 6 , tL#Vtst. 2-lvo - "" tZtc Alit :CO NM) 4`..T+GtrC. i NfrescD 'c�o a r so i � X II 15 coo. C. , -rc s . . : • X -‘o I- 420 0 x. 1 AL 4 —ro-rja GtavCL 4 Alt; I:s�t�v<�' �cl.. Q A . _ -1�JE�C- t�00 ,;.% G fLc7 oF r e 300 _l_f____Q t 5 42 k 0 clop CCo5 = 5a.G5 lost, i3 /14400 . .. ZCo n Cloci 'rt. . °PAsE'O r o.J c:_ - 9 i40 'rt too 1I.-01- c. 4- 'Pll1QC = .C05 109..VA- ' Co APVG41 -. µ - roams 2.04 t� (HA. _ uhf 1 M1. 1�0 =-ra 5 ft S-ro0.AG a vloWnc.t- \ ro Ac-� Cl. sic- Qs�-t-c tac t...u9G'PJ = 2. O4 1a (,-te) (I4- 4-no F'r'' ` I yr _ t 8 Go1=--3 Fla "iLiD . 3 U 4, t.r 2004 .'' r (70,3t I 25 ,s. 4o x 2. 940076 9L00tG l = p I II gg y z • i r ;;# g ill, k '--II X5.3 0I I 1 HIRII 't = el 1 I _I RL-- 6 t# 83M r ` rm fl9f — L o ail h i ,-t r e !. ! .,I• U al o~ i . 1111 r 46 Wpiu A O,R.0"S.. '--r • F.N F V p� , al A ill VS jcir it I 11 0, o - i 1111 �� li ft #I IIii. a. , �j 31 o Y o o T i jil di ' is 111 51 s i, I SUMMARY GF THE WELD COUNTY PLANNING CDMMi5S_ON MEETING December 7 , 1993 Page 2 The Chairperson asked the secretary to roll the members of the Planning Commission for their decision. Ron Some_ - yes ; Tom F_:' n - yes ; Juliette Kroekel - yes ; Marie Koolstre - yes ; Shirley Camenisch - yes ; Judy Yamaguchi - yes. Motion carried unanimously. Consider proposed fee schedule charged by the Building Inspection Department for building and electrical permits . Chuck Cunliffe explained only entry level fees for building permits will increase. Currently we charge a $25 .00 application fee for the first $1,000 of valuation and that will be increased to $35.00. Electrical fees for the residential square footage we are proposing a $9 .00 increase in the first three categories under the electrical permits, so the entire schedule will not change. This schedule will coincide with Table 3a, which is the fee schedule of the 1991 addition of the Uniform Building Code. This is consistent throughout most jurisdictions. Shirley Camenisch moved to forward the proposed fee schedule charged by the Building Inspection Department for building and electrical permits. Juliette Kroekel seconded the motion. The Chairperson asked the secretary to poll the members of the Planning Commission for their decision. Ron Sommer - yes; Tom Rulon - yes; Juliette Kroekel - yes; Marie Koolstra - yes; Shirley Camenisch - yes; Judy Yamaguchi - yes. Motion carried unanimously. CASE NUMBER: USR-1033 (Continued from November 16, 1993, regular scheduled meetin• APPLICANT REQUEST: A Site Spent is Development Plan and a Special Review permit for a brine water disposal facility in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SE4 SE4 of Section 28, T1N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 3 miles east of the City of Northglenn; north of Weld County Road 4 and west of Weld County Road 19 . Dale Butcher, representative, Conquest Oil Company, apologized to the Planning Commission members for the continuance from the last regular scheduled meeting, because he did not post the signs in time. He explained Conquest Oil is an independent oil and gas producer located in Greeley. They were established in 1984 and operate approximately 30 wells in Weld County. This particular brine water facility is to be located within the existing Vessels Oil/Gas plant, which is an ideal location because it is an existing oil and gas facility with very few residences nearby. Demand for this type of facility is high. hi-41-LO 940076 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING December 7 , 1993 Page 3 Shirley Camenisch asked if they would accept deliveries from other companies. Dale said yes, this would be a commercial operation. Marie Koolstra asked who tests samples of the brine water coming into the facility. Dale Butcher explained there will be a facility manager on-site who tests each load. Ron Sommer asked if the trucks belonged to Conquest Oil Company. Dale Butcher said no, and explained once again this would be a commercial operation. The Chairperson asked if there was anyone in the audience who wished to speak for or against this application. No on wished to speak. The Chairperson asked the applicant if they were in agreement with the Department of Planning Services' staff recommendation. Dale Butcher said no. They have concerns due to time-frames for this application. They would like to address Conditions of Approval #3a, 3b, 3c, 4a, and 4b. Discussion followed. Ron Sommer moved to amend Conditions of Approval #3 and 3a to read: 3. Prior to the Board of County Commissioners Hearing: a. the applicant shall submit a drainage plan to the Department of Planning Services which has been approved by the County Engineering Department. The drainage plan will be submitted to the Engineering Department 10 days prior to the Board of County Commissioners Hearing to allow adequate time for review. b. The applicant shall provide to the Department of Planning Services an agreement with the water well owner for use of the on-site well in the Special Review facility. Juliette Kroekel seconded the motion. The Chairperson asked the secretary to poll the members of the Planning Commission for their decision. Ron Sommer - yes; Tom Rulon - yes; Juliette Kroekel - yes; Marie Koolstra - yes; Shirley Camenisch - yes; Judy Yamaguchi - yes. Motion carried unanimously. Tom Rulon moved to relocate Conditions of Approval #3b, 4a, and 4b under new Conditions of Approval #7, 7a, 7b, and 7c, to read: 7. At least five working days prior to commencing operations the applicant shall deliver written notice of intent to commence operations to the Department of Planning Services along with the following: 940076 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING December 7, 1993 Page 4 a. The applicant shall provide a written document to the Weld County Health Department from the Colorado Oil and Gas Commission verifying that the facility and well are adequately designed to handle the proposed waste volumes. b. A detailed diagram of the injection well which has been approved and permitted by the Oil and Gas Commission shall be submitted to the Weld County Environmental. Protection Services Division for review and documentation. c. A copy of the drilling log shall be submitted to the Weld County Environmental Protection Services Division. Shirley Camenisch seconded the motion. The Chairperson asked the secretary to poll the members of the Planning Commission for their decision. Ron Sommer - yes; Tom Rulon - yes; Juliette Kroekel - yes; Marie Koolstra - yes; Shirley Camenisch - yes; Judy Yamaguchi - no. Motion carried. Tom Rulon moved to forward Case Number USR-1033, Conquest Oil Company, as amended, to the Board of County Commissioners with the Planning Commissioners recommendation for approval. Shirley Camenisch seconded the motion. The Chairperson asked the secretary to poll the members of the Planning Commission for their decision. Ron Sommer - yes; Tom Rulon - yes; Juliette Kroekel - yes; Marie Koolstra - yes; Shirley Camenisch - yes; Judy Yamaguchi - yes. Motion carried unanimously. CASE NUMBER: Z-485 APPLICANT: Michael and Pamela Guttersen REQUEST: A Change of Zone from A (Agricultural) to E (Estate) LEGAL DESCRIPTION: Part of the SW4 of Section 21, T5N, R64W of the 6th P.M. , Weld County, Colorado. LOCATION: East of Weld County Road 53 and south of Weld County Road 54-1/2; adjacent to the Town of Kersey. Monica Daniels-Mika explained the applicant is requesting that Z-485 be continued until December 21, 1993, at 1:30 p.m. , based on the recommendation of the Department of Planning Services' staff. This will allow the applicant time to adequately prepare for the Planning Commission Meeting, since the Colorado Geological Survey information was received the day before the scheduled Planning Commission meeting. 940076 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Tom Rulon that the following resolution be introduced for passage with amendments to Condition of Approval 3a, the deletion of Conditions of Approval 3b, 4a, and 4b, and the addition of Condition of Approval Number 7, by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR-1033 NAME: Conquest Oil Company ADDRESS: 1610 29th Avenue Place, Suite 200, Greeley, CO 80631 REQUEST: A Site Specific Development Plan and a Special Review per4nit for a _) brine water disposal facility in the A (Agricultural) zone .district. LEGAL DESCRIPTION: Part of the SE4 SE4 of Section 28, T1N, R67W_..of the 6th--i P.M. , Weld County, Colorado. LOCATION: Approximately 3 miles east of the City of Northglenn; north of Weld County Road 4 and west of Weld County Road 19. be recommended favorably to the Board of County Commissioners for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: The proposal is consistent with the Weld County Comprehensive Plan Agricultural Policies. The proposal will not remove prime agricultural land from production. The proposal is consistent with the intent of the Agricultural zone district and is provided for as a Use by Special Review. The use which would be permitted will be compatible with the existing surrounding land uses which include agricultural production, oil and gas facilities, and rural residences. The uses which would be permitted will be compatible with the future development of the surrounding area as permitted by the existing zoning. No overlay districts affect the site. Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. EXh / f 940076 RESOLUTION, USR-1033 Conquest Oil Company Page 2 This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Planning Commission's recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder' s office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Prior to the Board of County Commissioners hearing: a. the applicant shall submit a drainage plan to the Department of Planning Services which has been approved by the County Engineering Department. The drainage plan will be submitted to the Engineering Department 10 days prior to the Board of County Commissioners Hearing to allow adequate time for review. b. The applicant shall provide to the Department of Planning Services an agreement with the water well owner for use of the on-site well in the Special Review facility. 4. Prior to recording the plat: a. A road improvements agreement shall be approved by the Board of County Commissioners. The agreement shall address the future maintenance of Weld County Road 19 from the south access of the facility to Weld County Road 6 and shall designate a restricted haul route on Weld County Road 19 to Weld County Road 6. 340076 RESOLUTION, USR-1033 Conquest Oil Company Page 3 b. The applicant shall provide a written document to the Weld County Health Department from the Colorado Oil and Gas Commission verifying that the facility and well were adequately constructed to handle the proposed waste volumes. 5. Prior to the release of building permits, the applicant shall submit to the Department of Planning Services a complete fire plan approved by the Brighton Fire Protection District. 6. Prior to pressure testing at the facility, the Weld County Environmental Protection Services Division shall be informed of the specific dates in order to observe the process. 7. Five working days prior to commencing operations the applicant shall deliver written notice of intent to commence operations to the Department of Planning Services. a. The applicant shall provide a written document to the Weld County Health Department from the Colorado Oil and Gas Commission verifying that the facility and well are adequately designed to handle the proposed waste volumes. b. A detailed diagram of the injection well which has been approved and permitted by the Oil and Gas Commission shall be submitted to the Weld County Environmental Protection Services Division for review and documentation. c. A copy of the drilling log shall be submitted to the Weld County Environmental Protection Services Division. Motion seconded by Shirley Camenisch. VOTE: For Passage Against Passage Ron Sommer Tom Rulon Juliette Kroekel Marie Koolstra Shirley Camenisch Judy Yamaguchi The Chairperson 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. 940076 RESOLUTION, USR-1O33 Conquest Oil Company Page 3 CERTIFICATION OF COPY I, Sharyn Ruff, Recording Secretary for 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 December 7, 1993. D ed the 7 of Decemb r, 1993. haryn F. u Secretary 940076 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Conquest Oil Company USR-1033 1. The Site Specific Development Plan and Special Review permit is for a brine water disposal facility (one Class II water injection well) in the A (Agricultural) zone district as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon The facility shall be permitted to accept a maximum of 5,000 barrels of brine water per day. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. The facility shall receive no more than 60 truck deliveries of brine water per day. 4. The facility may only accept waste from dawn to 10:00 p.m. , seven days a week. 5. The facility shall be constructed and operated to insure that contamination of soil and groundwater does not occur. 6. A manager, knowledgeable in operating an injection well, shall be on site when the facility is receiving waste. 7. The existing Individual Sewage Disposal System shall be evaluated for adequacy and approved by a registered professional engineer prior to use. 8. A safe and adequate fresh water supply shall be available on the facility premises. 9. A 2-foot by 3-foot sign shall be posted at the entrance gate listing wastes accepted, hours of operation, and twenty-four hour emergency telephone numbers. 10. The name of the facility at which the filters will be disposed and copies of any required analysis shall be provided to the Weld County Environmental Protection Services Division. 11. No disposal of waste other than Class II, as defined by the Environmental Protection Agency is permitted. Any change from the approved Class II use would require an amendment to this Special Review permit. 12. The maximum permissible noise level shall not exceed the industrial limit of 80 dB(A) , as measured according to Section 25-12-102, CRS. 13. Fugitive dust shall be controlled on the site. 940076 DEVELOPMENT STANDARDS, USR-1033 Conquest Oil Company Page 2 14. Ingress and egress to the facility shall be from Weld County Road 19 north to Weld County Road 6. Trucks shall not access the facility from the south. 15. The facility/operation shall comply with the approved road improvements and maintenance agreement. 16. A concrete spillage retention berm shall be constructed around each tank battery. The volume retained by the spillage berm shall be greater than the volume of the largest tank inside the berm. The berm shall be designed by a registered professional engineer. The operator shall provide evidence from the engineer to Weld County Health and Planning Departments that the berm has been constructed to the design specifications. 17. All chemicals stored on site shall be stored in locked buildings, or an impervious surface, provided manufacturer recommendations for safe storage and handling are in accord. In any event, manufacturer recommendations will take precedence. 18. Any required air emissions permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health. 19. The surfaces around the disposal area shall be constructed of an impervious material and graded to insure that all spilled waste is contained within the unloading pad. 20. The sump pit shall be lined and constructed with enough capacity to assure that all overflow/spilled waste is contained. The pit shall be constructed of fiberglass or alternative materials, provided that they are at least as durable and impervious as fiberglass. 21. The facility shall be entirely fenced and shall maintain locking gates during periods when the facility is closed. 22. Any analysis of waste shall be forwarded to the Weld County Health Department, Environmental Protection Division. The Division reserves the right to require additional, more extensive monitoring at a later date. 23. The facility shall maintain compliance with the proposed Treatment and Disposal Methods for the Waste Materials Associated of Oil and Gas Exploration and Production Regulations. 24. The facility shall maintain compliance with all applicable rules and regulations as promulgated by the Oil and Gas Conservation Act. 940076 DEVELOPMENT STANDARDS, USR-1033 Conquest Oil Company Page 3 25. This facility shall comply with the laws, standards, rules and regulations of the Air Quality Control Commission, the Water Quality Control Commission, the Hazardous Materials and Solid Waste Division, the Colorado Oil and Gas Commission, and all applicable Weld County zoning laws and ordinances. 26. Upon cessation of injection activities, a detailed closure plan shall be submitted to Environmental Protection Services for review and approval. This shall include the manner in which the well will be plugged and abandoned, as well as specific details regarding reclamation of the property. 27. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 28. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 29. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 30. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 31. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development 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 Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 32. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 940076 INVENTORY OF ITEMS SUBMITTED FOR CONSIDERATION Applicant: Conquest Oil Co. Case Number: USR-1033 Submitted or Prepared Prior to Hearing At Hearing 1. Application 20 pages X 2. 1 Application plat 1 page X 3. DPS referral summary sheet and letter X 4. DPS letter to applicant X 5. DPS Recommendation X 6. DPS Surrounding Property Owner/Mineral Owner Mailing list, letter and certificate. X 7. 3 DPS Maps Prepared by Planning Technician X 8. DPS Notice of Hearing X 9. DPS Case File Summary Sheet X 10. DPS Field Check X 11. Referral from Division of Water Resources dated November 10, 1993 X 12. Referral from Office of Emergency Management dated November 16, 1993 X 13. Referral from Colorado Oil and Gas Commission dated December 2, 1993 X 14. Referral from Weld County Health Department dated November 5, 1993 X 15. Referral from Weld County Engineering Department dated October 26, 1993 X 16. Letter from Vessels Oil and gas Co. dated October 26, 1993 X 17. Memo to Planning Commission request continuance to December 7, 1993 X 18. Planning Commission Resolution for continuance to December 7, 1993 X 19. Board of County Commissions Resolution for denial of preadvertisement dated November 10, 1993 X 20. Letter to applicant dated August 27, 1993 X 21. Field check from Juliette Kroekel dated October 25, 1993 X eh;b;A 8 940076 INVENTORY OF ITEMS Conquest Oil Co. USR-1033 Page 2 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 items were forwarded to the Clerk to the Board's office on December 10, 1993. Gloria( tn, Current Planner STATE OF COLORADO ) COUNTY OF WELD ) 2 kik ,,,t0 55LIBED AND SWORN TO BEFORE ME THIS 6/ day of)Ao,. yk 19 qJ 43 L ti :t ' ` c n \ i P V ® NOTAR P BLIC O ` Sr�,{ „,ommission Expires tt, 1'1S 940076 ✓ EXHIBIT INVENTORY CONTROL SHEET Case/45,/e/69-3 — J 1.L1St��/6, Exhibit Submitted By Exhibit Description _ /CQQOLI�L<4Yt "e l«rr� „zd�_Zsr ///49M.3149///49M. r.��7i�u C�An'I)rslva-urr�' /�m�inlunn � �o i��/93 19// 3. /eJ n) /i ✓ .� � iW4fzt-rCy ert rn P-M C. PLCII�/7,l ttJJetrinint 5,C0 /L-e�utO72,Z /�C-e)7'I)kt0 -via L-On- /#O D. / /CL/9r/IZGf 6nifzta eer> ,472-/ 1,2/5 E. eigit4i / "Vravid 17d/irr_ /1-/ /25 ear ear 114-0--1 4'1 Q 1444/F. /'7Ra ., 011141/Ydlryl5 �o,kon ,�LS /� I tatil- 1/44G. Navg O7777'11/SS/or- 6412-16-Y7 a iCd . o icamrrs2�( L�� H. I. .3. K. L. M. N. 0. P. Q. R. S. T. U. V. W. X. Y. Z. 940076 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY GMMISS±bñkS Moved by Bill O'Hare that the following resolution be introdueed. for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: USR-1033 NAME: Conquest Oil Company ADDRESS: 1610 29th Avenue Place, Suite 200, Greeley, CO 80631 REQUEST: A Site Specific Development Plan and a Special Review permit for a brine water disposal facility in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SE4 SE4 of Section 28, T1N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 3 miles east of the City of Northglenn; north of Weld County Road 4 and west of Weld County Road 19. be continued to December 7, 1993, at 1:30 p.m. , because the applicant did not post the required sign ten days before the hearing date. Bud Clemons seconded the motion. VOTE: For Passage Against Passage Bill O'Hare Shirley Camenisch Juliette Kroekel Tom Rulon Bud Clemons Ron Sommer Marie Koolstra Richard Kimmel The Vice-Chairperson declared the resolution passed and ordered that a certified copy be filed with the case. CERTIFICATION OF COPY I, Becky Schoenfeld, Recording Secretary for 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 16, 1993. d the 16th of November, 19931,0 Datof Becky Scho feld Secretary r hik/ A 940076 DATE: December 7, 1993 CASE NUMBER: USR-1033 NAME: Conquest Oil Company ADDRESS: 1610 29th Avenue Place, Suite 200, Greeley, CO 80631 REQUEST: A Site Specific Development Plan and a Special Review permit for a brine water disposal facility in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SE4 SE4 of Section 28, T1N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 3 miles east of the City of Northglenn; north of Weld County Road 4 and west of Weld County Road 19. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 24. 3 of the Weld County Zoning Ordinance as follows: The proposal is consistent with the Weld County Comprehensive Plan Agricultural Policies. The proposal will not remove prime agricultural land from production. The proposal is consistent with the intent of the Agricultural zone district and is provided for as a Use by Special Review. The use which would be permitted will be compatible with the existing surrounding land uses which include agricultural production, oil and gas facilities, and rural residences. The uses which would be permitted will be compatible with the future development of the surrounding area as permitted by the existing zoning. No overlay districts affect the site. Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. 940076 RECOMMENDATION, USR-1033 Conquest Oil Company Page 2 The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Prior to scheduling the Board of County Commissioners hearing: a. the applicant shall submit a drainage plan to the Department of Planning Services which has been approved by the County Engineering Department. b. The applicant shall provide a written document to the Weld County Health Department from the Colorado Oil and Gas Commission verifying that the facility and well are adequately designed to handle the proposed waste volumes. c. An application to amend USR-589 for Vessels Oil and Gas Company shall be submitted to the Department of Planning Services. d. The applicant shall provide to the Department of Planning Services an agreement with the water well owner for use of the on-site well in the Special Review facility. 4. Prior to recording the plat: a. A detailed diagram of the injection well which has been approved and permitted by the Oil and Gas Commission shall be submitted to the Weld County Environmental Protection Services Division for review and documentation. b. A copy of the drilling log shall be submitted to the Weld County Environmental Protection Services Division. c. A road improvements agreement shall be approved by the Board of County Commissioners. The agreement shall address the future maintenance of Weld County Road 19 from the south access of the facility to Weld County Road 6 and shall designate a restricted haul route on Weld County Road 19 to Weld County Road 6. 940076 RECOMMENDATION, USR-1033 Conquest Oil Company Page 2 d. The applicant shall provide a written document to the Weld County Health Department from the Colorado Oil and Gas Commission verifying that the facility and well were adequately constructed to handle the proposed waste volumes. 5. Prior to the release of building permits, the applicant shall submit to the Department of Planning Services a complete fire plan approved by the Brighton Fire Protection District. 6. Prior to pressure testing at the facility, the Weld County Environmental Protection Services Division shall be informed of the specific dates in order to observe the process. 940076 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Conquest Oil Company USR-1033 1. The Site Specific Development Plan and Special Review permit is for a brine water disposal facility (one Class II water injection well) in the A (Agricultural) zone district as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon The facility shall be permitted to accept a maximum of 5,000 barrels of brine water per day. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. The facility shall receive no more than 60 truck deliveries of brine water per day. 4. The facility may only accept waste from dawn to 10:00 p.m. , seven days a week. 5. The facility shall be constructed and operated to insure that contamination of soil and groundwater does not occur. 6. A manager, knowledgeable in operating an injection well, shall be on site when the facility is receiving waste. 7. The existing Individual Sewage Disposal System shall be evaluated for adequacy and approved by a registered professional engineer prior to use. 8. A safe and adequate fresh water supply shall be available on the facility premises. 9. A 2-foot by 3-foot sign shall be posted at the entrance gate listing wastes accepted, hours of operation, and twenty-four hour emergency telephone numbers. 10. The name of the facility at which the filters will be disposed and copies of any required analysis shall be provided to the Weld County Environmental Protection Services Division. 11. No disposal of waste other than Class II, as defined by the Environmental Protection Agency is permitted. Any change from the approved Class II use would require an amendment to this Special Review permit. 12. The maximum permissible noise level shall not exceed the industrial limit of 80 dB(A) , as measured according to Section 25-12-102, CRS. 13. Fugitive dust shall be controlled on the site. 940076 DEVELOPMENT STANDARDS, USR-1033 Conquest Oil Company Page 2 14. Ingress and egress to the facility shall be from Weld County Road 19 north to Weld County Road 6. Trucks shall not access the facility from the south. 15. The facility/operation shall comply with the approved road improvements and maintenance agreement. 16. A concrete spillage retention berm shall be constructed around each tank battery. The volume retained by the spillage berm shall be greater than the volume of the largest tank inside the berm. The berm shall be designed by a registered professional engineer. The operator shall provide evidence from the engineer to Weld County Health and Planning Departments that the berm has been constructed to the design specifications. 17. All chemicals stored on site shall be stored in locked buildings, or an impervious surface, provided manufacturer recommendations for safe storage and handling are in accord. In any event, manufacturer recommendations will take precedence. 18. Any required air emissions permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health. 19. The surfaces around the disposal area shall be constructed of an impervious material and graded to insure that all spilled waste is contained within the unloading pad. 20. The sump pit shall be lined and constructed with enough capacity to assure that all overflow/spilled waste is contained. The pit shall be constructed of fiberglass or alternative materials, provided that they are at least as durable and impervious as fiberglass. 21. The facility shall be entirely fenced and shall maintain locking gates during periods when the facility is closed. 22. Any analysis of waste shall be forwarded to the Weld County Health Department, Environmental Protection Division. The Division reserves the right to require additional, more extensive monitoring at a later date. 23. The facility shall maintain compliance with the proposed Treatment and Disposal Methods for the Waste Materials Associated of Oil and Gas Exploration and Production Regulations. 24. The facility shall maintain compliance with all applicable rules and regulations as promulgated by the Oil and Gas Conservation Act. 940076 DEVELOPMENT STANDARDS, USR-1033 Conquest Oil Company Page 3 25. This facility shall comply with the laws, standards, rules and regulations of the Air Quality Control Commission, the Water Quality Control Commission, the Hazardous Materials and Solid Waste Division, the Colorado Oil and Gas Commission, and all applicable Weld County zoning laws and ordinances. 26. Upon cessation of injection activities, a detailed closure plan shall be submitted to Environmental Protection Services for review and approval. This shall include the manner in which the well will be plugged and abandoned, as well as specific details regarding reclamation of the property. 27. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 28. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 29. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 30. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 31. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development 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 Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 32. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 340076 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF- WAY. IN THE EVENT THE PROPERTY UNDER CONSIDERATION IS NOT ADJACENT TO A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY, THE APPLICANT SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. PLANNING COMMISSION SIGN POSTING CERTIFICATE I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED BY THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST 10 DAYS , BEFORE THE PLANNING COMMISSION HEARING FOR CASE 1F `� C? - r c 3 THE SIGN WAS POSTED BY: NAME OF PERSON POSTING SIGN SIGNATURE OF APPLICANT STATE OF COLORADO ) ss. COUNTY OF WELD ) SUBSCRIBED AND SWORN TO ME THIS jot DAY OF beceav,tl\ar , 19 q3 SEAL OTARY PUBLIC MY COMMISSION EXPIRES 7/3o/Qf LAST DAY TO POST SIGN IS: 1`.;C(- l'vtiv Z ( , 19 ' D PLEASE RETURN THIS FORM TO THE DEPARTMENT OF PLANNING SERVICES' OFFICE ON OR BEFORE THE DATE OF THE HEARING. `DEC IV DEC 0 2 1993 11 0 Weld Comp Planing 940076 eroTt The 9PaM AFFIDAVIT OF PUBLICATION Planni request may create a Ra7W of the 9th P.M:, Approximately 3 miles STATE OF COLORADO wit a1 vested property right Weld County,Calorado: east of the City of ss 18 1 ',influent to Colorado Northgienn; north of 16.or th ? PAL W►• TYPE AND INTENSITY Weld County Road 4 COUNTY OF WELD fo th a gappgsaygW APPLICANT: OF EOUSE:A and. west of Weld Conquest brine water disposal County Road 19. I, KEITH HANSEN, of said County of Weld, being duly Specific Development O9 Company facility In the A Plan and a Special sworn,say that I am publisher of - (Agricultural) zone SIZE: 1.37 aces,more Review permit for the LEGAL DESCRIPTION: district. or lees. " property described Part of the SE 1/4 SE WINDSOR BEACON below, Approval of the 1/4 of Section 28,TIN, L O C A,T I O-IL.: The public hearing will a weekly newspaper having a general circulation in said County and State, published in the town of WINDSOR, in said County and State; and that the notice, of which the annexed is a true copy, has been published in said weekly for__,L__successive weeks, that the notice was published in the regular and entire issue of every number of the paper during the period and time of publication, and in the newspaper proper and not in a supplement, and that the first publication of said notice be held in the Weld Dspwwlera a Planning for nubile Inspection in Commission was in said paper bearing the date of the County Commissioners' larslcee.1400 N. 1791 the Department of Hearing Room, First Avenue, .Greeley, Panning Services,1400 Published In the �,.{x p " Floor, Weld County Colorado eoe31, N. 17th Avenue, Windsor Deacon on �t '^` day of 6t-rrP,n.—r+.ry , A.D., 199-5 and Centennial Center,g15 before the above dates Greeley,- Colorado November 4,1993. the last publication bearing the date of the Tenth Street, Greeley, presented at the public 80831 •Phone 353- - Colorado. Comments or hewing on October 19, 3945,Extension 3540. objections_related to the 1999. day of , A.D., 19_ and above request should Judy Yamaguchi, that the said WINDSOR BEACON has been published be submitted in writing Copies of the Chairperson Weld continuously and uninterruptedly for the period of 5 to the Weld County epploeesnweavaiieMe-County-.-. Planning consecutive weeks, in said County and State, prior to the date of first publication of said notice, and the same is a newspaper within'the meaning of an Act to regulate printing of legal notices an advertisements, approved May 18, 1931, and all prior cts ar as in force. P LISHER Subscri d and sworn to before me this i9 ` day of 77.ar-P.-.s_. r 19 q/{3/� NOTARY PUBLIC My commission expires -61 2/ / 9 `j'(o • N0V 3 C 1993 Well County Planning 940076 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Bill O'Hare 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: USR-1033 NAME: Conquest Oil Company ADDRESS: 1610 29th Avenue Place, Suite 200, Greeley, CO 80631 REQUEST: A Site Specific Development Plan and a Special Review permit for a brine water disposal facility in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SE4 SE4 of Section 28 , T1N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 3 miles east of the City of Northglenn; north of Weld County Road 4 and west of Weld County Road 19. be continued to December 7, 1993 , at 1:30 p.m. , because the applicant did not post the required sign ten days before the hearing date. Bud Clemons seconded the motion. VOTE: For Passage Against Passage Bill O'Hare Shirley Camenisch Juliette Kroekel Tom Rulon Bud Clemons Ron Sommer Marie Koolstra Richard Kimmel The Vice-Chairperson declared the resolution passed and ordered that a certified copy be filed with the case. CERTIFICATION OF COPY I, Becky Schoenfeld, Recording Secretary for 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 16, 1993. Dar tad the�j 16th of November, 19 3/\B-eckkyj Scho feld Secretary 940076 _ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. le f MEMORAnDU WilkTo Weld County Planning Commission D.ce November 16. 1993 COLORADO From Cl nria Dunn Currant Planar r Subject: USR 1033, Conqucat Oil Company The Department of Planning Services' staff requests that a continuance to December 7, 1993 be granted to the applicant. We are requesting this continuance because the applicant failed to post a sign on the property at least ten days prior to this hearing date, in accordance with Section 24.2.2.4 of the Weld County Zoning Ordinance. 940376 LAND-USE APPLICATION SUMMARY SHEET Date: November 9, 1993 CASE NUMBER: USR-1033 NAME: Conquest Oil Company ADDRESS: 1610 29th Avenue Place, Suite 200, Greeley, CO 80631 REQUEST: A Site Specific Development Plan and a Special Review permit for a brine water disposal facility in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part SE4 SE4 of Section 28, T1N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 3 miles east of Northglenn; north of Weld County Road 4 and west of Weld County Road 19. SIZE OF PARCEL: 1.37 acres, more or less. POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of this Special Review permit is listed in Section 24.3 of the Weld County Zoning Ordinance. The Department of Planning Services' staff has received responses from the following agencies: 1. Weld County Engineering Department 2. Weld County Health Department The Department of Planning Services' staff has not received any objections from surrounding property owners. 940076 ,• I 4ff4 TI! t{ a I Ix, 4, DATE: December 7, 1993 CASE NUMBER: USR-1033 NAME: Conquest Oil Company ADDRESS: 1610 29th Avenue Place, Suite 200, Greeley, CO 80631 REQUEST: A Site Specific Development Plan and a Special Review permit for a brine water disposal facility in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SE4 SE4 of Section 28, T1N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 3 miles east of the City of Northglenn; north of Weld County Road 4 and west of Weld County Road 19. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 24.7 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 24.3 of the Weld County Zoning Ordinance as follows: The proposal is consistent with the Weld County Comprehensive Plan Agricultural Policies. The proposal will not remove prime agricultural land from production. - The proposal is consistent with the intent of the Agricultural zone district and is provided for as a Use by Special Review. - The use which would be permitted will be compatible with the existing surrounding land uses which include agricultural production, oil and gas facilities, and rural residences. The uses which would be permitted will be compatible with the future development of the surrounding area as permitted by the existing zoning. - No overlay districts affect the site. - Special Review Permit Development Standards will provide adequate protection of the health, safety, and welfare of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. 940076 RECOMMENDATION, USR-1033 Conquest Oil Company, Page 2 The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. The attached Development Standards for the Special Review permit shall be adopted and placed on the Special Review plat prior to recording the plat. The plat shall be delivered to the Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder' s office within 15 days of approval by the Board of County Commissioners. 2. The Special Review activity shall not occur nor shall any building or electrical permits be issued on the property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. 3. Prior to scheduling the Board of County Commissioners hearing: a. the applicant shall submit a drainage plan to the Department of Planning Services which has been approved by the County Engineering Department. b. The applicant shall provide a written document to the Weld County Health Department from the Colorado Oil and Gas Commission verifying that the facility and well were adequately constructed to handle the proposed waste volumes. c. An application to amend USR-589 for Vessels Oil and Gas Company shall be submitted to the Department of Planning Services. d. The applicant shall provide to the Department of Planning Services an agreement with the water well owner for use of the on-site well in the Special Review facility. 4. Prior to recording the plat: a. A detailed diagram of the injection well which has been approved and permitted by the Oil and Gas Commission shall be submitted to the Weld County Environmental Protection Services Division for review and documentation. b. A copy of the drilling log shall be submitted to the Weld County Environmental Protection Services Division. c. A road improvements agreement shall be approved by the Board of County Commissioners. The agreement shall address the upgrading of Weld County Road 19 from the south access of the facility to Weld County Road 6 and shall designate a restricted haul route on Weld County Road 19 to Weld County Road 6. 5. Prior to pressure testing at the facility, the Weld County Environmental Protection Services Division shall be informed of the specific dates in order to observe the process. 940076 SITE SPECIFIC DEVELOPMENT PLAN SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Conquest Oil Company USR-1033 1. The Site Specific Development Plan and Special Review permit is for a brine water disposal facility (one Class II water injection well) in the A (Agricultural) zone district as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon The facility shall be permitted to accept a maximum of 5,000 barrels of brine water per day. 2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County Zoning Ordinance. 3. The facility shall receive no more than 60 truck deliveries of brine water per day. 4. The facility may only accept waste from dawn to 10:00 p.m. , seven days a week. 5. The facility shall be constructed and operated to insure that contamination of soil and groundwater does not occur. 6. A manager, knowledgeable in operating an injection well, shall be on site when the facility is receiving waste. 7. The existing Individual Sewage Disposal System shall be evaluated for adequacy and approved by a registered professional engineer prior to use. 8. A safe and adequate fresh water supply shall be available on the facility premises. 9. A 2-foot by 3-foot sign shall be posted at the entrance gate listing wastes accepted, hours of operation, and twenty-four hour emergency telephone numbers. 10. The name of the facility at which the filters will be disposed and copies of any required analysis shall be provided to the Weld County Environmental Protection Services Division. 11. No disposal of waste other than Class II, as defined by the Environmental Protection Agency is permitted. Any change from the approved Class II use would require an amendment to this Special Review permit. 12. The maximum permissible noise level shall not exceed the industrial limit of 80 dB(A) , as measured according to Section 25-12-102, CRS. 940076 DEVELOPMENT STANDARDS, USR-1033 Conquest Oil Company Page 2 13. Fugitive dust shall be controlled on the site. 14. Access to the facility shall be from Weld County Road 19 north to Weld County Road 6. Trucks shall not access the facility from the south. 15. The facility/operation shall comply with the approved road improvements and maintenance agreement. 16. A concrete spillage retention berm shall be constructed around each tank battery. The volume retained by the spillage berm shall be greater than the volume of the largest tank inside the berm. The berm shall be designed by a registered professional engineer. The operator shall provide evidence from the engineer to Weld County Health and Planning Departments that the berm has been constructed to the design specifications. 17. All chemicals stored on site shall be stored in locked buildings, or an impervious surface, provided manufacturer recommendations for safe storage and handling are in accord. In any event, manufacturer recommendations will take precedence. 18. Any required air emissions permit shall be obtained from the Air Pollution Control Division, Colorado Department of Health. 19. The surfaces around the disposal area shall be constructed of an impervious material and graded to insure that all spilled waste is contained within the unloading pad. 20. The sump pit shall be lined and constructed with enough capacity to assure that all overflow/spilled waste is contained. The pit shall be constructed of fiberglass or alternative materials, provided that they are at least as durable and impervious as fiberglass. 21. The facility shall be entirely fenced and shall maintain locking gates during periods when the facility is closed. 22. Any analysis of waste shall be forwarded to the Weld County Health Department, Environmental Protection Division. The Division reserves the right to require additional, more extensive monitoring at a later date. 23. The facility shall maintain compliance with the proposed Treatment and Disposal Methods for the Waste Materials Associated of Oil and Gas Exploration and Production Regulations. 24. The facility shall maintain compliance with all applicable rules and regulations as promulgated by the Oil and Gas Conservation Act. 940076 DEVELOPMENT STANDARDS, USR-1033 Conquest Oil Company Page 3 25. This facility shall comply with the laws, standards, rules and regulations of the Air Quality Control Commission, the Water Quality Control Commission, the Hazardous Materials and Solid Waste Division, the Colorado Oil and Gas Commission, and all applicable Weld County zoning laws and ordinances. 26. Upon cessation of injection activities, a detailed closure plan shall be submitted to Environmental Protection Services for review and approval. This shall include the manner in which the well will be plugged and abandoned, as well as specific details regarding reclamation of the property. 27. All construction on the property shall be in accordance with the requirements of the Weld County Building Code Ordinance. 28. The property owner or operator shall be responsible for complying with the Design Standards of Section 24.5 of the Weld County Zoning Ordinance. 29. The property owner or operator shall be responsible for complying with the Operation Standards of Section 24.6 of the Weld County Zoning Ordinance. 30. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated hereon and all applicable Weld County Regulations. 31. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing Standards and all applicable Weld County Regulations. Major changes from the plans or Development 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 Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 32. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 940076 DEPARTMENT OF PLANNING SERVICES PHONE (303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140C.WI I D GREELEY, N. O17RAAVENUEO631 COLORADO 80631 COLORADO August 27, 1993 Dale Butcher Conquest Oil 3400 16th Street, Suite 6L Greeley, CO 80631 Dear Dale: I took your proposal for an injection well at the Vessels Oil and Gas Company site to the staff meeting yesterday afternoon. Staff determined that an injection well at this site would require an amendment to their Use by Special Review permit. If you have any further questions or concerns, please call or write. Sincerely, , - Greg hompson Current Planner 940076 V . �� • �/' — d. ,.�._-� my 'A" x ...,./9k• �a ESTfl E4M G p9 P✓rJ .;j1 • L i /a"•1 % 6C ▪ \ fu. 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P ¢ • Y ".�a{p?L'3`. .r...11,111':.1 .?... :!: 't.,s } s , ¢r t- r K.. r R6 .. =djNd¢:f 5 h }^v.i ., ':2? . { R =r' z„} b r ¢ • ?:. rv..t :t:i:�;... 301.. 4 _ :ii :).r:. r': 'i;:.iIi • iii "t ≥a:::;1 I' .3 .'+,r: .. -, t %,".:V='-..k- - #r: :i 7 s T.-Li a.c.. : .. !ease"l�x:-.. -?.'. g•i '%"f`-., ..Fc,-, u' =i' GeC ;�i'' •F+r; rr Yt.4, ;' • !Y'r'.•• ,'.F,"'„�7,1i, , :r FIELD CHECK FILING NUMBER: USR-1*3 DATE OF INSPECTION: Al a/ / 2 APPLICANT'S NAME: Conquest Oil Company CURRENT PLANNER: Gloria Dunn REQUEST: A Site Specific Development Plan and a Special Review permit for a brine water disposal facility in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SE4 SE4 of Section 28, T1N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 3 miles east of the City of Northglenn; north of Weld County Road 4 and west of Weld County Road 19. LAND USE: N (JL .T/7- Cam.I z ,e7/ �/ ./teti,Ll ''� c- W ' ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS:// OMMENTS: ,;2 ,771.2c6 JellAVa2i (-1-4-4(ot/ a--1-COC ?•-"?" 0EC IVE 001 2 8 1993 Weld County Planning 940076 FIELD CHECK FILING NUMBER: USR-1033 DATE OF INSPECTION: November 1, 1993 APPLICANT'S NAME: Conquest Oil Corporation REQUEST: Site Specific Development Plan and a Special Review permit for a brine water disposal facility. LEGAL DESCRIPTION: Part of the SE4 SE4 of Section 28, TIN, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 3 miles east of Northglenn; north of Weld County Road 4 and west of Weld County Road 19. LAND USE: N Agricultural ground, oil and gas equipment E Weld County Road 19, agricultural production, oil and gas equipment S Weld County Road 4, agricultural ground, oil and gas equipment. W 4 residences with agricultural uses, agricultural ground ZONING: N A (Agricultural) E A (Agricultural) S A (Agricultural) W A (Agricultural) COMMENTS: The two existing accesses are to Weld County Road 19, a paved County local. Weld County Road 19, south of Weld County Road 4, is graveled. The proposed 1.37 acre site is surrounding by the Vessels facility. . a_ Glori . D n Curre' 'lanner 940076 REFERRAL LIST NAME: Conquest Oil Company CASE NUMBER: USR-1033 REFERRALS SENT: October 19, 1993 REFERRALS TO BE RECEIVED BY: November 2, 1993 COUNTY TOWNS and CITIES X Attorney _Ault X Health Department _Brighton Extension Service Broomfield —YrEmergency Management Office Dacono Sheriff' s Office Eaton X Engineering _Erie _Housing Authority _Evans _Airport Authority Firestone Building Inspection _Fort Lupton Frederick STATE _Garden City X Division of Water Resources Gilcrest _Geological Survey _Greeley _Department of Health _Grover _Department of Transportation _Hudson _Historical Society Johnstown _Water Conservation Board _Keenesburg X Oil and Gas Conservation Commission Kersey La Salle FIRE DISTRICTS _- Lochbuie Ault F-1 _Longmont _ Berthoud F-2 _Mead _ Briggsdale F-24 Milliken X Brighton F-3 - New Raymer Eaton F-4 X Northglenn _ _Fort Lupton F-5 _Nunn Galeton F-6 Pierce Hudson F-7 _Platteville _ _Johnstown F-8 _Severance La Salle F-9 Thornton Mountain View F-10 ____Windsor Milliken F-11 _ Nunn F-12 COUNTIES _ Pawnee F-22 X Adams _ Platteville F-13 ____Boulder Platte Valley F-14 Larimer _ Poudre Valley F-15 Raymer F-2 FEDERAL GOVERNMENT AGENCIES _Southeast Weld F-16 _US Army Corps of Engineers _Windsor/Severance F-17 _USDA-APHIS Veterinary Service Wiggins F-18 ____Federal Aviation Administration Western Hills F-20 Federal Communication Commission OTHER SOIL CONSERVATION DISTRICTS Central Colo. Water Conservancy Dist. X Brighton _ Panhandle Eastern Pipe Line Co. Fort Collins _ Tri-Area Planning Commission _Greeley _Longmont West Adams COMMISSION/BOARD MEMBER X Juliette Kroekel 940076 NOV- 5-93 FRI 9:13 P. 02 101`1'6 mEmoRAnDum wy VII'V�. Gloria Dunn, W.C. Planning Novem 1993 To Dote COLORADO Jeff Stoll, W.G. Health Departure From Case Number: USR-1033 Name: onquest Oil Company Subject: Environmental Protection Services has reviewed this proposal; the following conditions are recommended to be part of any approval: it: Prior to any injection of waste into the well, a copy of the drilling log must be submitted to the Weld County Environmental Protection Services Division. Li/ Prior to pressure testing at the facility, the Weld County Environmental Protection Services Division shall be informed of the specific dates in order to observe the process. 3. The Site Specific Development Plan and Amended Special Review Permit is for an oil and gas support facility (brinewater disposal) in the A (Agricultural) Zone District as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. The facility shall be permitted to accept a maximum of 5,000 barrels of brine water per day. 4. The facility must be constructed and operated to insure that contamination of soil and groundwater does not occur. 5. A Manager, knowledgeable in operating an injection well, shall be on site when the facility is receiving waste. 6. The existing Individual sewage disposal system shall be evaluated for adequacy and approved by a registered professional engineer prior to use. 7. A safe and adequate fresh water supply shall be available on the facility premises. S. A 3-foot by 4-foot sign shall be posted at the entrance gate listing wastes accepted, hours of operation, and twenty-four hour emergency telephone number. 9. The name of the facility at which the filters will be disposed and copies of any required analysis shall be provided to the Weld County Environmental Protection Services Division. 10. No disposal of waste, other than Class II, as defined by the Environmental Protection Agency is permitted. Any change from the approved Class II use would require an amendment to this Special Review Permit. oEC I' NOV 0 5 1993 \IS Weld County Planning NOV 5 '93 09:16 PROE.002 94C076 NOV- 5-93 FRI 9:13 P. 03 Conquest Oil Company November 4, 1993 Page 2 11 The maximum permissible noise level shall exceed industrial as measured according Colorado Revised of to 25-12-102, Statutes, 12. Fugitive dust must be controlled on this site. 13. A concrete spillage retention berm shall be required around each tank battery. The volume retained by the spillage berm should be greater than the volume of the largest tank inside the berm. The berm shall be designed by a registered professional engineer. The operator shall provide evidence from the engineer to the Weld County Health and Planning Departments that the berm has been constructed to the design specifications. 14. All Chemicals stored on-site must be in locked buildings, on an impervious surface, provided manufacturer recommendations for safe storage and handling are in accord. In any event, manufacturer recommendations will take precedence. 15. Any required Air Emissions Permits must be obtained from the Air Pollution Control Division, Colorado Department of Health. 16. The surfaces around the disposal area shall be constructed of an impervious material, and graded to insure that all spilled waste is contained within the unloading pad. 17. The facility must be entirely fenced and shall maintain locking gates during periods when the facility is closed. 18. Any analysis of waste will be forwarded to the Weld County Health Department, Environmental Protection Division. The Division reserves the right to require additional, more extensive monitoring at a later date. 19. The sump pit shall be lined and constructed with enough capacity to assure that all overflow/spilled waste is contained. The e pit t that ll be are conlstructed sctt ed of fiberglass or alternative materials, pthey durable and impervious as fiberglass. 20. The facility must maintain compliance with all applicable rules and regulations as promulgated by the Oil and Gas Conservation Act. 21. This facility must comply with the laws, standards, rules and regulations of the Air Quality Control Commission, the Water Quality Control Commission, the Hazardous Materials and Solid Waste Division, the Colorado Oil and Gas Commission, any other applicable agency, and all applicable Weld County zoning laws and ordinances. 22. The facility shall accept waste from dawn to 10:00 p.m. 23. Upon cessation of injection activities, a detailed closure plan shall be submitted to Environmental Protection Services for review and approval. This shall include the manner in which the well will be plugged and otO VE NOV 0 S 1993 NOV 5 '93 09017 Welniktielanning 946076 NOV- 5-93 FRI 9:14 P. 04 Conquest Oil Company November 4, 1993 Page 3 abandoned, as well as specific details regarding reclamation of the property. 24. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. TJ/cs-2296 NOV 0 5 1993 CJ "%le Canty Pisgah* NOV 5 '93 09:17 PHGE.004 940076 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners and owners and lessees of minerals in accordance with the notification requirements of Weld County in Case Number USR-1033 for Conquest Oil Company in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list. this 20th day of October, 1993. 940076 c;;;sss\ DEPARTMENT OF PLANNING SERVICES PHONE (303)353.3845, EXT. 3540 mu WELD COUNTY ADMINISTRATIVE OFFICES 140O GREELEY, N. ORA O8 UE 631 COLORADO 80631 COLORADO Date: October 19, 1993 CASE NUMBER: USR-1033 TO WHOM IT MAY CONCERN: Enclosed is an application from Conquest Oil Company for a Site Specific Development Plan and a Special Review permit for a brine water disposal facility in the A (Agricultural) zone district. The parcel of land is described as part of the SE4 SE4 of Section 28, T1N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 3 miles east of the City of Northglenn; north of Weld County Road 4 and west of Weld County Road 19. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by November 2, 1993, so that we may give full consideration to your recommendation. Please call Gloria Dunn, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed: Agency: Date: 940076 MEMORAnDum Wilk Glori Dunn Planning Data October 26, 1993 COLORADO From Donald Carroll }0 14. Subject: Conquest Oil Company USR - 1033 On October 25, 1993, I visited the site and have the following comments: All the trucks are required to use access off from WCR 6 south on WCR 19 to the facility. None of the existing traffic are allowed to go south from the intersection of WCR 19 and WCR 6. WCR 19 is holding up very well at this particular time. I have checked the proposed maintenance schedule. We are not showing WCR 19 set up for any overlays or any chip seals for the next several years. Also, the most recent ADT count is 267 vehicles per day on this particular stretch of road. The applicant is indicating that the facility would be increased by 30 to 60 trucks per day. The additional trucks were not calculated in designing the strength factor for the existing pavement. I am recommending an additional 2" overlay or have the money set aside in an overlay escrow account to accommodate this particular stretch of road when wear or breaking down of the structure starts showing. I also drove through the site and observed the drainage pattern. I have the following comments: All the water seemed to run to the northwest corner of the proposed facility and pond in a low area there. The drainage appears not to run off the site but to be retained on the site in a low area. This is an existing site with several different operations on it. Vessels Oil & Gas is currently located on the site with a lot of tanker traffic. This facility would be located just to the south of Vessels Oil & Gas. There is another facility located still further south of that. If you keep adding a facility inside a facility, the water has nowhere to go. My suggestion on the drainage would be to create some type of detention pond where the water is running now, try to capture it there and let it evaporate. My last comment is on the entrance. Now there are two existing entrances into the facility. They are very large and can accommodate tractor trailer rigs comfortably. My suggestion would be no new access permitted. Let the applicant route his trucks through the existing accesses. cc: Commissioner Baxter File USR-1033 CDPIP5.7r:r OCT 2 6 1993 Weld County Planning 94C076 itot: 4 DEPARTMENT OF PLANNING SERVICES ' PHONE(303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 1400 C. N. 17TH AVENUE GREELEY, COLORADO 80631631 COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will hold a public hearing on Tuesday, November 16, 1993, at 1:30 p.m. for the purpose of considering a Site Specific Development Plan and a Special Review permit for the property described below. Approval of the request may create a vested property right pursuant to Colorado Law. APPLICANT: Conquest Oil Company LEGAL DESCRIPTION: Part of the SE4 SE4 of Section 28, T1N, R67W of the 6th P.M. , Weld County, Colorado. TYPE AND INTENSITY OF PROPOSED USE: A brine water disposal facility in the A (Agricultural) zone district. LOCATION: Approximately 3 miles east of the City of Northglenn; north of Weld County Road 4 and west of Weld County Road 19. SIZE: 1.37 acres, more or less. The public hearing will be held in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631, before the above date or presented at the public hearing on October 19, 1993. Copies of the application are available for public inspection in the Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631 - Phone - 353-3845, Extension 3540. Judy Yamaguchi, Chairperson Weld County Planning Commission To be published in the Windsor Beacon To be published on (1) ti by ovember 4, 1993. Received by: Date: // 1' 940076 DEPARTMENT OF PLANNING SERVICES PHONE (303)353-3845, EXT. 3540 WI WELD COUNTY ADMINISTRATIVE OFFICES 1400 C. N.17TH AVENUE GREELEY, COLORADO 80631631 COLORADO DATE: October 19, 1993 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: USR-1033 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, November 16, 1993, at 1:30 p.m. , in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado concerning the request of: NAME: Conquest Oil Company FOR: A Site Specific Development Plan and a Special Review permit for a brine water disposal facility in the A (Agricultural) zone district. LEGAL DESCRIPTION: Part of the SE4 SE4 of Section 28, T1N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 3 miles east of the City of Northglenn; north of Weld County Road 4 and west of Weld County Road 19. Your property is within five-hundred (500) feet of the property on which this request has been made or you may have an interest in the minerals located under the property under consideration. For additional information write or telephone Gloria Dunn, Current Planner. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631, on or before the date of public hearing. 340976 4 • L---0>\::H tot DEPARTMENT OF PLANNING SERVICES PHONE (303)353-3845, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES 140 NWELD - EY, O ORA O8 631 UE GREELEY, COLORADO 80631 COLORADO October 19, 1993 Conquest Oil Company 1610 29th Avenue Place, Suite 200 Greeley, CO 80631 Subject: USR-1033 - Request for a Site Specific Development Plan and a Special Review permit for a brine water disposal facility in the A (Agricultural) zone district on a parcel of land described as part of the SE4 SE4 of Section 28, T1N, R67W of the 6th P.M. , Weld County, Colorado. Dear Sirs: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Weld County Planning Commission for November 16, 1993, at 1:30 p.m. This meeting will take place Il in the County Commissioners' Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members might have with respect to your application. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the City of Northglenn Planning Commission for its review and comments. Please call Jerome Starling at 450-8743, for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Northglenn Planning Commission Meeting to answer any questions the Commission members may have with respect to your application. It is the responsibility of an applicant to see that a sign is posted on the property under consideration at least 10 days preceding the hearing date. Sometime prior to November 3, 1993, you or a representative should call me to obtain a sign to be posted on the site no later than November 5, 1993. The sign shall be posted adjacent to and visible from a publicly maintained road right-of-way. In the event the property under consideration is not adjacent to a publicly maintained road right-of- way, the applicant shall post one sign in the most prominent place on the property and post a second sign at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. Your sign posting certificate must, be returned to the Department of Planning Services' office on or before the date of the hearing. 940076 Conquest Oil Company, USR-1033 October 19, 1993 Page 2 The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission. This recommendation will be available twenty-four (24) hours before the scheduled hearing. It is the responsibility of the applicant to call the Department of Planning Services' office before the Planning Commission hearing to make arrangements to obtain the recommendation. If you have any questions concerning this matter, please feel free to call me. Respectfully, G' or a Dunn C ent Planner GD/sfr 940076 STATE OF COLORADO OFFICE OF THE STATE ENGINEER 0c•coto Division of Water Resources w- Department of Natural Resources i 1313 Sherman Street,Room 818 •1876* Denver,Colorado 80203 Phone(303)866-3581 Roy Romer FAX(303)866-3589 Governor November 10, 1993 Ken Salazar Executive Director Hal D.Simpson Ms. Gloria Dunn State Engineer Weld County Department of Planning Services 910 10Th Street Greeley, CO 80631 Re: Conquest Oil Special Review, USR-1033 SE1/4 Sec. 28, T1N, R67W, 6TH PM W. Division 1, W. District 2 Dear Mr. Dunn: We have reviewed the above referenced application to operate a brine water disposal facility on a 1.37 acre parcel. No information was provided on the projected water requirements. The proposed water supply is to be from a well with permit No. 018674-F, issued in 1974 for industrial use. This well is located on or near this site. We have no objection to this proposal contingent upon the applicant providing to the county, their agreement with the well owner for use of the well. If you have any questions in this matter, please contact me. Sincerely, jotAA, tottAAA. IAA, John Schurer, P.E. Senior Water Resource Engineer JS/conquest cc: Alan Berryman, Division Engineer Water Supply Branch g.57r7 N0V 1 6 1993 I U Weld rouMy Planning 940976 D (a� � �'_'^ DEPARTMENT OF PLANNING SERVICES wgigie. l��''11(‘irt t svall4r PHONE (303) 353-3845, EXT. 3540 7 CCSWELD COUNTY ADMI1 IIS0 RA IVE OFFICES NOV 1 1993- fGREELEY, COLORADO 80631 Weld rent!,Planning COLORADO Date: October 19, 1993 CASE NUMBER: USR-1033 TO WHOM IT MAY CONCERN: Enclosed is an application from Conquest Oil Company for a Site Specific Development Plan and a Special Review permit for a brine water disposal facility in the A (Agricultural) zone district. The parcel of land is described as part of the SE4 SE4 of Section 28, T1N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 3 miles east of the City of Northglenn; north of Weld County Road 4 and west of Weld County Road 19. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by Novembergf 1993, so that we may give full consideration to your recommendation. Please call Gloria Dunn, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3. x We have reviewed the request a ind no conflicts with our, interests. ,..5-/M g Ter it(72 C..,,.tad--- g ewt- v,,- (-g 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. Signed: ..1 --- Agency: —GS 0 OS/7 Date: //-/lo- P3 9(1'3076 '' I `>v DEPARTMENT OF PLANNING SERVICES ■■■ PHONE (303)353-3645, EXT. 3540 WELD COUNTY ADMINISTRATIVE OFFICES wille) • '�SLIL7 1400 N.17TH AVENUE GREELEY, COLORADO 80631 DEC O 6 1993 COLORADO �Neldcou+�ttiplannino OCT r 1q93 Date: October 19, 1993 CASE NUMBER: USR-10Ykd TO WHOM IT MAY CONCERN: Enclosed is an application from Conquest Oil Company for a Site Specific Development Plan and a Special Review permit for a brine water disposal facility in the A (Agricultural) zone district. The parcel of land is described as part of the SE4 SE4 of Section 28, T1N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 3 miles east of the City of Northglenn; north of Weld County Road 4 and west of Weld County Road 19. This application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the application and will ensure prompt consideration of your recommendation. Please reply by November 2, 1993, so that we may give full consideration to your recommendation. Please call Gloria Dunn, Current Planner, if you have any questions about the application. Check the appropriate boxes below and return to our address listed above. 1. We have reviewed this request and find that it does/does not) comply with our Comprehensive Plan for the following reasons. 2. We do not have a Comprehensive Plan, but we feel this request (is/is not) compatible with the interests of our town for the following reasons: 3.XXx We have reviewed the request and find no conflicts with our interests. 4. A formal recommendation is under consideration and will be submitted to you prior to: 5. Please refer to the enclosed letter. i1 Signed:/ �6r,. Agency: Coco/OW) D/r— $ 6'n5 CONS- COmnn. Date: 940076 VESSELS OIL & GAS COMPANY SUITE 2000,PRUDENTIAL PLAZA- 1050 SEVENTEENTH STREET-DENVER,COLORADO 80265 303 825-3500 THOMAS G.VESSELS.Chairman of the Board THOMAS J.VESSELS,President 26 October, 1993 Weld County Department of Planning Services 1400 North 17th Avenue Greeley, CO 80631 REFERENCE: CASE NUMBER USR-1033 (CONQUEST OIL COMPANY) In reference to the application of Conquest Oil Company to construct and operate a brine water disposal facility on part of the SE/4 SE/4 of Section 28, T1N, R67W of the 6th P.M. in Weld County, Colorado (USR-1033) Vessels Oil & Gas Company offers the following comments. 1. Vessels Oil & Gas Company is the surface owner of the land on which Conquest Oil Company proposes to construct their brine injection facility. 2. Vessels Oil & Gas Company has agreed to lease that portion of surface to be occupied by the brine disposal facility to Conquest Oil Company for the purpose of construction and operation of said facility. 3 . Vessels Oil & Gas Company agrees with the U.S. Bureau of Land Management that "Injection is generally the preferred method" of disposal for formation water produced in conjunction with the production of oil and gas (Onshore Oil and Gas Order No. 7, 43 CFR Part 3160, 09/08/93) . Vessels Oil & Gas Company intends to utilize the Conquest Oil Company facility for the disposal of water produced as the result of its oil and gas production activities in the area. 4. Vessels Oil & Gas Company's Engineering and Production staffs have inspected the brine disposal facility currently being operated by Conquest Oil Company in Weld County and have discussed procedures and practices with Conquest Oil Company officials and are satisfied that Conquest Oil Company is competent to construct and operate such a facility in keeping with best engineering practices and in compliance with all applicable Federal and State regulations. 5. Vessels Oil & Gas Company supports the approval of Conquest Oil Company's application to be permitted to construct and operate the above described brine disposal facility. 'ncerely Birigorgan . C or � Land age "0v �� tuna cc: Dale S. Butcher, Conquest Oil u.ekS000 940076 mEmORAnDUm NOV 0 51993 Wilk i C. Gloria Dunn, W.C. Planning Novemb r 1993 Ceasniaimias To Date COLORADO Jeff Stoll, W.C. Health Departmen From Subject: Case Number: USR-1033 Name: onquest Oil Company Environmental Protection Services has reviewed this proposal; the following conditions are recommended to be part of any approval: 1. Prior to any injection of waste into the well, a copy of the drilling log must be submitted to the Weld County Environmental Protection Services Division. 2. Prior to pressure testing at the facility, the Weld County Environmental Protection Services Division shall be informed of the specific dates in order to observe the process. 3. The Site Specific Development Plan and Amended Special Review Permit is for an oil and gas support facility (brinewater disposal) in the A (Agricultural) Zone District as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. The facility shall be permitted to accept a maximum of 5,000 barrels of brine water per day. 4. The facility must be constructed and operated to insure that contamination of soil and groundwater does not occur. 5. A Manager, knowledgeable in operating an injection well, shall be on site when the facility is receiving waste. 6. The existing Individual sewage disposal system shall be evaluated for adequacy and approved by a registered professional engineer prior to use. 7. A safe and adequate fresh water supply shall be available on the facility premises. 8. A 3-foot by 4-foot sign shall be posted at the entrance gate listing wastes accepted, hours of operation, and twenty-four hour emergency telephone number. 9. The name of the facility at which the filters will be disposed and copies of any required analysis shall be provided to the Weld County Environmental Protection Services Division. 10. No disposal of waste, other than Class II, as defined by the Environmental Protection Agency is permitted. Any change from the approved Class II use would require an amendment to this Special Review Permit. 340076 Conquest Oil Company November 4, 1993 Page 2 11. The maximum permissible noise level shall not exceed the industrial limit of 80db(A) , as measured according to 25-12-102, Colorado Revised Statutes. 12. Fugitive dust must be controlled on this site. 13. A concrete spillage retention berm shall be required around each tank battery. The volume retained by the spillage berm should be greater than the volume of the largest tank inside the berm. The berm shall be designed by a registered professional engineer. The operator shall provide evidence from the engineer to the Weld County Health and Planning Departments that the berm has been constructed to the design specifications. 14. All Chemicals stored on-site must be in locked buildings, on an impervious surface, provided manufacturer recommendations for safe storage and handling are in accord. In any event, manufacturer recommendations will take precedence. 15. Any required Air Emissions Permits must be obtained from the Air Pollution Control Division, Colorado Department of Health. 16. The surfaces around the disposal area shall be constructed of an impervious material, and graded to insure that all spilled waste is contained within the unloading pad. 17. The facility must be entirely fenced and shall maintain locking gates during periods when the facility is closed. 18. Any analysis of waste will be forwarded to the Weld County Health Department, Environmental Protection Division. The Division reserves the right to require additional, more extensive monitoring at a later date. 19. The sump pit shall be lined and constructed with enough capacity to assure that all overflow/spilled waste is contained. The pit shall be constructed of fiberglass or alternative materials, provided that they are at least as durable and impervious as fiberglass. 20. The facility must maintain compliance with all applicable rules and regulations as promulgated by the Oil and Gas Conservation Act. 21. This facility must comply with the laws, standards, rules and regulations of the Air Quality Control Commission, the Water Quality Control Commission, the Hazardous Materials and Solid Waste Division, the Colorado Oil and Gas Commission, any other applicable agency, and all applicable Weld County zoning laws and ordinances. 22. The facility shall accept waste from dawn to 10:00 p.m. 23. Upon cessation of injection activities, a detailed closure plan shall be submitted to Environmental Protection Services for review and approval. This shall include the manner in which the well will be plugged and 940076 Conquest Oil Company November 4, 1993 Page 3 abandoned, as well as specific details regarding reclamation of the property. 24. Personnel from the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County Regulations. TJ/cs-2296 940 376 AFFIDAVIT OF INTEREST OWNERS SURFACE OF USR AREA AND ADJACENT SURFACE ESTATES Use by Special Review Application Conquest Oil Company Subject Property: Township 1 North, Range 67 West, 6th P.M., Weld County. Colorado Section 28: Lot "B" of Recorded Exemption 1469-28-4-RE641, being a part of the SE'SE' STATE OF COLORADO ) ) ss. COUNTY OF WELD ) WILLIAM G. CREWS, a Certified Professional Landman, being first duly sworn upon his oath, deposes and states that to the best of his knowledge the following is a true and accurate list of the names, addresses and the corresponding Parcel Identification Numbers assigned by the Weld County Assessor of the owners of property(the surface estate)both within the USR Area and within five hundred (500) feet of the specific property of the proposed Use by Special Review Area. This list was compiled from the records of the Weld County Assessor within thirty (30) days of the submission date of the application. Surface owner of USR Area only: 1469-28-0-00-023 Vessels Oil & Gas Company Attn: Stan Marker 2000 Prudential Plaza Denver, CO 80265 Surface owners of property within 500 feet of the USR Area: 1469-28-0-00-017 ,,Vessels Oil & Gas Company 1050 17th St., Suite 2000 Denver, CO 80265 1469-28-0-00-016 David E. and Carol C. Howard 8709 WCR 4 Brighton, CO 80601 1469-27-0-00-014 David E. and Carol C. Howard (LE-und. V2 int.) and James Leroy Johnson (LE-und. int.) 8709 WCR 4 Brighton, CO 80601 94(3076 1469-33-0-00-004 Schneider Sons Farms 8631 W. 69th Place Arvada, CO 80004 1469-34-0-00-012 Public Service Company of Colorado 500 Prudential Plaza 1050 17th St. Denver, CO 80265 1469-34-0-00-009 Clifford S. Wagner (50%) Kenneth R. Wagner (50%) 648 WCR 19 Brighton, CO 80601 ' William G. Crews Subscribed and sworn to before me this/ /-day of October, 1993. My commission expires: \,.1% / 6) -(--P -4/(a Notary Public 940976 AFFIDAVIT OF INTEREST OWNERS MINERAL ESTATE Use by Special Review Application Conquest Oil Company Subject Property: Township 1 North, Range 67 West, 6th P.M., Weld County, Colorado Section 28: Lot "B" of Recorded Exemption 1469-28-4-RE641, being a part of the SE' SE' STATE OF COLORADO ) ) ss. COUNTY OF WELD ) WILlIAM G. CREWS, a Certified Professional Landman, being first duly sworn upon his oath, deposes and states that to the best of his knowledge the following is a true and accurate list of the names and addresses of all mineral owners and lessees of mineral owners on or under the specific parcel of land which is the subject of this proposed Use by Special Review as their names appear in the records of the Weld County Clerk and Recorder, based upon information obtained from the tract index and the SKLD computer index of Transamerica Title Insurance Company of Greeley. Mineral Owners: David E. Howard and Carol C. Howard (Life Estate and an undivided 1/2 interest) 8709 WCR 4 Brighton, CO 80601 Donald Gary Howard(Undivided 1/6 interest, subject to Life Estate in David E.Howard and Carol C. Howard) 8739 WCR 4 Brighton, CO 80601 John Edward Howard (Undivided 1/6 interest, subject to Life Estate in David E.Howard and Carol C. Howard) 8679 WCR 4 Brighton, CO 80601 Marla Sue Howard (Undivided 1/6 interest, subject to Life Estate in David E. Howard and Carol C. Howard) 5000 Mayflower Road Norfolk, VA 23508 Oil & Gas Leasehold Owners: Amoco Production Company P.O. Box 800 Denver, CO 80201 940076 O?-1C. IM L APPLICATION TO WELD COUNTY. COLORADO FOR USE BY SPECIAL REVIEW PERMIT SUBMITTED BY: CONQUEST OIL COMPANY BRUCE B. WHITE/DALE S. BUTCHER 1610 29TH AVENUE PLACE - SUITE 200 GREELEY, CO 80631 (303) 356-5560 940076 USE BY SPECIAL REVIEW APPLICATION r T r Department of Planning Services, 915 10th Street, Greeley, CO 8U631 C E C cii V1 Phone - 356-4000 EXT. 4400 0CT 1 9 1993 Case Number Date Received ayyrld Pnutty Manning Application Checlfed by Mylar Plat Submitted D Application Fee $ 2CTD OO Receipt Number [q'd)LP O Recording Fee Receipt Number TO BE COMPLETED BY APPLICANT: (PLEASE PRINT OR TYPE, EXCEPT FOR NECESSARY SIGNATURE) I (we), the undersigned, hereby request a hearing before the Weld County Planning Commission concerning the proposed Major Facilities of a Public Utility Special Review Permit on the following described unincorporated area of Weld County, Colorado: LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: SE/4 SE/4 (SEE VICINITY MAP FOR MORE SPECIFICS.) SECTION 28 T 1 N, R 67 W LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: Section 28 T 1 N, R 67 W. That part of the SE/4 SE/4 of Section 28 as noted on the vicinity map. Property Address (if available) Present Zone Overlay Zones TOTAL ACREAGE 1.37 ACRES PROPOSED LAND USE BRINE WATER DISPOSAL EXISTING LAND USE OIL AND GAS PROCESSING SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE USE BY SPECIAL REVIEW PERMIT: NAME: VESSELS OIL & GAS COMPANY ADDRESS: 1050 17TH ST. - STE. 2000 CITY DENVER. CO ZIP 80265-2001 HOME TELEPHONE: BUSINESS TELEPHONE (303) 825-3500 APPLICANT OR AUTHORIZED AGENT (IF DIFFERENT THAN ABOVEI: NAME: CONQUEST OIL COMPANY ADDRESS: 1610 29TH AVENUE PLACE-SUITE 200 CITY GREELEY. CO ZIP 80631 HOME TELEPHONE: BUSINESS TELEPHONE (303) 356-5560 List the owner(s) and/or lessees of mineral rights on or under the subject properties of record. NAME: DAVID E. HOWARD AND CAROL C. HOWARD ADDRESS: 8709 WCR 4 CITY BRIGHTON. CO ZIP 80601 NAME: DONALD GARY HOWARD ADDRESS: 8739 WCR 4 CITY BRIGHTON. CO ZIP 80601 NAME: JOHN EDWARD HOWARD ADDRESS: 8679 WCR 4 CITY BRIGHTON. CO ZIP 80601 NAME: MARLA SUE HOWARD ADDRESS: 5000 MAYFLOWER ROAD CITY NORFOLK. VA ZIP 23508 NAME: AMOCO PRODUCTION COMPANY (LESSEE) ADDRESS: 1670 BROADWAY CITY DENVER,CO ZIP 80201 NAME: BASIN EXPLORATION. INC. (LESSEE) ADDRESS: 370 17TH STREET - SUITE 1800 CITY DENVER. CO ZIP 80202 D �t-,n�an^c, OCT ; 1773 + C5 . . Weld County roaatutia 940076 I hereby depose and statc .der the penalties of perjury that all ements, proposals and/or plans submitted with or contained within the application are true and correct to the best of my knowledge. COUNTY OF WELD STATE OF COLORADO ) Dale S. Butcher, Vice rresi ent Subscribed and sworn to before me this i 741 day of 19'1 3 . e ui titQ„ti. NO R�I ,_ — My Commission Expires: 7/30/94 910076 1. PR1 OSED USE: Conquest Oil Company inquest)has a lease for property in Weld County (One and one-third acres in the SE/4 SE/4, Sec. 8, T4N, R64W, 6th P.M.). The property will be used for a facility for disposal of water that is produced with oil and/or gas as part of normal operation of such oil and gas wells. The facility will be used to treat, filter and separate produced water so that it can be injected into a well by means of a reciprocating pump unit. An application for a permit from the Colorado Oil and Gas Conservation Commission is being prepared at this time. The well will be drilled to the Wolfcamp formation with an approximate total depth of 10,000 feet. The facility will have 14 storage tanks with containment berms and a building that will house pumps and filters for water treatment before injection and provide office space. The facility will have a maximum capacity of 5,000 barrels of water per day. The property is currently included in Amended USR #589 which is held by Vessels Oil & Gas Company. As part of this USR Application, the leased parcel will be r moved from Vessels USR permit and the parcel will hold its own USR permit. Vessels will make application to the Weld County Planning Department y to consider the removal of this parcel as a minor modification which does not /' need public hearings as those hearings will be held in conjunction with Conquest's application. The property will remain in compliance with the existing agricultural rezoning re trictions. 2. NEED FOR USE: Currently oil and gas producers use commercial facilities such as Roggen, Wright's, NESSU, and Northern Colorado Brine to dispose of production water. The nearest such facility to the proposed Conquest site is approximately four (4) miles. Given the number of existing oil and gas wells, the high level of drilling activity in the vicinity and the limited capacity of existing disposal facilities in the area, additional disposal capacity is in demand. 3. EXISTING USES ON SURROUNDING PROPERTIES: Property surrounding the property is primarily agricultural. However, property in the immediate area is used for oil and gas operations. Vessels, Basin, West Gas and Associated Natural Gas all have facilities near-by. 4. DISTANCE TO RESIDENTIAL STRUCTURES IN EACH DIRECTION: Four areas of residential structures are located within one-half mile of the subject property as noted on the vicinity map. The closest structures are approximately 1,000 feet from the USR property line. The subject property is surrounded by Vessels Gas Plant (USR #589 Amended). Therefore, this facility should not negatively impact the existing residences. 5. MAXIMUM NUMBER OF USERS: The expected normal operation of the Facility will be 30-60 water truck deliveries each day. 6. NUMBER OF EMPLOYEES AND HOURS OF OPERATION: An employee will be on site while water deliveries are accepted. Hours of delivery will be dawn to 10:00 p.m. The facility will be automated and dispose of water 24 hours a day, 7 days a week. When the facility is not manned it will be secured with locking gates. 7. WATER SOURCE FOR PROPOSED USE: Fresh water will be available from the existing Vessels water well. 940076 8. ACCESS ROUTE TO BE UTILIZED FOR THE PROPOSED USE: All access to the Facility will be from Weld County Road 19. All truck traffic will be required to access Road 19 from WCR 6. No traffic will be allowed access from the south. 9. TYPE, SIZE, WEIGHT AND FREQUENCY OF VEHICULAR TRAFFIC: Vehicular traffic will consist of water trucks (80 to 120 barrel capacity) with approximate gross vehicle weight of 85,000#. The estimated number of vehicle visits each day is thirty to sixty (30-60). 10. SEWAGE FACILITIES: A septic system will be installed on-site and a toilet will be located in the pump/office building. Vessels existing leach field will be used to handle sewage from the toilet. 11. FIRE PROTECTION MEASURES: There are no plans for any additional structures at the Facility. Fire extinguishers will be placed at strategic locations on the premises. Vessels gas processing plant has extensive fire protection measures. 12. TYPE AND SIZE OF ANY WASTE, STOCKPILE OR STORAGE AREAS: There will be no stockpiling of any waste on the Facility. Storage/separation steel tanks (12) will be used to hold the produced water until it is disposed down the wellbore. Steel condensate tanks (2 - 400 Bbl.) will be used to store any oil that is separated from the produced water. These tanks will be periodically cleaned as required. As a result of the filtering process for the water, bacterial residue and particulates will be accumulated. The waste will be disposed of offsite at an approved disposal facility (Conquest currently has approval to dispose of filters at the BFI landfills.) Chemical treating of the produced water is necessary to protect above ground equipment and wellbore material from corrosive elements. These chemicals will be stored onsite in 55 gallon drums. 13. STORM WATER RETENTION FACILITIES: A stormwater construction discharge permit is not required as the site is less than five (5) acres. The site would also be exempt from the Heavy Industrial Stormwater Discharge Permit until or unless a reportable spill of oil or water or other chemicals occurs during a storm runoff event. Therefore, there is no scheduled installation of storm water retention facilities for the water disposal site. If runoff occurs it will tend toward the eastern edge of the site. 14. TIME SCHEDULE AND METHOD OF REMOVAL AND DISPOSAL OF DEBRIS, JUNK AND OTHER WASTES: Waste will come as a direct result of water filtration. This waste (bacterial residue and particulates) will be stored and transported to an approved waste disposal site. Any other waste material will be disposed of by the use of trash bins and hauled away on an as-needed basis. 15. LANDSCAPING AND EROSION CONTROL: The tanks and buildings will be painted tan or white to blend in with the natural environment and Vessels plant surrounding the facility. Erosion is not expected to be a problem because of the lack of a significant contour change within and around the site. 940076 16. RECLAMATION PROCEDURES TO BE EMPLOYED UPON CESSATION OF THE USE BY SPECIAL USE ACTIVITY: Reclamation of the Facility area will be the return of the area to Vessel's use or to farmland in the event the area is abandoned. Equipment, and tanks, will be dismantled and removed upon abandonment of the Facility. The well will be plugged and abandoned in accordance with COGCC Rules and Regulations. 17. TIME TABLE FOR CONSTRUCTION AND START-UP: The disposal well will be drilled as soon as possible, upon receipt of the use by special review permit. It is estimated, after receipt, a time of 10 weeks (weather permitting) is necessary for the drilling, completion, equipment installation and start-up. 18. STATEMENT RE: WELD COUNTY COMPREHENSIVE PLAN The proposed use is consistent with the Weld County Comprehensive Plan for the following reasons: A. The Facility is designed to be an environmentally preferred produced water disposal option versus what is presently available (evaporation pits, etc.). B. The traffic impact will be acceptable since established, well-maintained, paved and gravel roads will be used to access the Facility. A posted speed limit for vehicles will be enforced by Conquest to ensure the safety of surrounding areas. C. The Facility is consistent and compatible with oil and gas development and facilities throughout the area, including wells, pipelines, tanks batteries and other disposal facilities. The Comprehensive Plan allows for mineral owners and lessees to have the right to develop their property. D. The facility will only be visited during the hours of dawn to 10:00 p.m. for delivery and maintenance purposes. 19. CONSISTENCY WITH THE INTENT OF THE DISTRICT: The proposed use is consistent with the intent of the Agricultural Zoning District. The site location is small and will have little impact on the surrounding farmland and is in a relatively unpopulated area. The Facility is designed to be environmentally sound and aesthetically pleasing to the surrounding areas. 940076 20. EFFORTS TO CONSERVE AGRICULTURAL LAND: The site for the Facility was chosen because it is within a gas processing facility and has a paved county road adjacent to it. Any negative impact to the surrounding agricultural areas is considered minimal. 21. PROVISIONS FOR THE PROTECTION OF HEALTH, SAFETY & WELFARE OF THE NEIGHBORHOOD: A six-foot chain link security fence will be installed on the site to prevent any harm to either livestock or unauthorized personnel. If emergency assistance is needed, the site is serviced by the Brighton Fire District. A containment berm will be installed to contain any spillage that would occur in the tank battery and chemical storage area. 22. COMPATIBILITY VVITH EXISTING SURROUNDING LAND USES: As stated above, the Facility is compatible with the other oil and gas development in the immediate area and throughout Weld County. The primary use of the surrounding land is oil and gas operations, and the Facility will have minimal impact on agricultural activities. 23. FUTURE COMPATIBILITY WITH SURROUNDING AREA: The long-range future uses of the surrounding areas is likely to be agricultural and mineral development. 24. FLOOD PLAIN, GEOLOGIC HAZARD,AIRPORT OVERLAY: The facility is not located in a geologic hazard or airport overlay. It is located in Flood Zone C (Panel #28-1-67-0980C; dated September 28, 1982). 25. PROOF OF WATER SUPPLY: Water will be obtained from Vessels water well (Permit #018674-F). 26. COPY OF DEED: Conquest's lease contract for the property is attached hereto. 27. NOISE REPORT: The Facility's power and pumping equipment will be housed in buildings and noise levels will be less than 70 decibels. The nearest residence is approximately 1000 feet from the facility. 28. SOIL REPORT: A description of the soil types from the Soil Conservation Service is enclosed herewith. 940076 Soils classification exerpted from"Soils survey of Weld County, Colorado Southern Part"United States Department of Agriculture, Soil Conservation Service. September 1980. Weld loam, 1-3 percent slopes. This is a deep,well drained soil on smooth plains at elevations of 4,850 to 5,000 feet. It formed in eolian deposits. Included in mapping are small areas of soils that have a subsoil of loam and light clay loam. Also included are some leveled areas. Typically the surface layer of this Weld soil is brown loam about 8 inches thick. The subsoil is brown and pale brown heavy clay loan and light clay about 20 inches thick. The substratum to a depth of 60 inches or more. Surface runoff is slow,and the erosion hazard is low. In irrigated areas this soil is suited to all crops commonly grown in the area,including corn,sugar beets, beans,alfalfa, small grain, and onions. An example of a suitable cropping system is 3 to 4 years of alfalfa followed by corn,corn for silage, sugar beets, small grain,or beans. Land leveling,ditch lining, and installing pipelines are needed for proper water application. All methods of irrigation are suitable,but furrow irrigation is the most common. Barnyard manure and commercial fertilizer are needed for top yields. This soil is well suited to winter wheat,barley,and sorghum if it is summer fallowed in alternate years. Winter wheat is the principal crop. The predicted average yield is 33 bushels per acre. If the crop is winter killed, spring wheat can be seeded. Generally precipitation is too low for beneficial use of fertilizer. Stubble mulch fanning, striperopping, and minimum tillage are needed to control soil blowing and water erosion. Terracing also may be needed to control water erosion. The potential native vegetation is dominated by blue grama. Several mid grasses, such as western wheatgrass and needleandthread,are also present. Potential production ranges from 1,600 pounds per acre in favorable years to 1,000 pounds in unfavorable years. As range condition deteriorates,the mid grasses decrease;blue grama,buffalograss, snakeweed,yucca,and fringed sage increases;and forage production drops. Undesirable weeds and annuals invade the site as range condition becomes poorer. Management of vegetation on this soil should be based on taking half and leaving half of the total annual production. Seeding is desirable if the range is in poor condition. Sideoats grama,little bluestem, western wheatgrass,blue grama. pubescent wheatgrass. and crested wheargrass are suitable for seeding. The grass selected should meet the seasonal requirements of livestock. It can be seeded into a clean,firm sorghum stubble, or it con be drilled into a firm prepared seedbed. Seeding early in spring has proven most successful. Windbreaks and environmental plantings are generally well suited to this soil. Summer fallow a year before planting and continued cultivation for weed control are needed to insure establishment and survival of plantings. trees that are best suited and have good survival are Rocky Mountain juniper, eastern redcedar,ponderosa pine, Siberian elm,Russian-olive,and hackberry. the shrubs best suited are skunkbush sumac, lilac, Siberian peashrub,and American plum. Openland wildlife, such as pheasant. mourning dove,and cottontail, are best suited to this soil. Wildlife habitat development,including tree and shrub plantings and grass plantings to serve as nesting areas, should be successful without irrigation during most years. Under irrigation, good wildlife habitat can be established,benefiting man kinds of open-end wildlife. This soil has good potential for urban and recreational development. The chief limiting soil features for urban development are the shrink-swell potential of the subsoil as it wets and dries and the limited (filename) 940076 capacity of the soil to support a load. Lawns,shrubs and trees grow well. Capability subclass Ile irrigate, IIIc non irrigated;Loamy Plains range site. {filename} 94(3076 Basin Exploration, Inc. 370 17th Street, Suite 1800 Denver, CO 80202 William G. Crews Subscribed and sworn to before me this /3c4.day of October, 1993. My commission expires: C % 672NLaly,_ Public 910076 0CT 14 '0_. 11 :06 FPOl9 33 cc_ 2532 TO� 1_305 32-1110 F'HGE.�s32 Ca 14 '93 PS:Sr '- ',CAW OIL CPETary P.2 EXHIBIT wile SALT WATER=rowel,LEASE AGREEMENT AGREEMENT entered into this akay of OC*o6,c , 1993,between Vessels O11&C:as Company, hereinafter referred to as Lessor, and Conquest Oil Company, hereinafter referred to as Lessee. Par value received, Lessor does hereby giant, lease, and let unto Lessee the foliating land In Weld County, Colorado: (As described in Lease) for the purpose of using the land to develop a wafer disposal well and returning through such well to non-productive forma l:0s salt water, briac or other oil field wastes produced from oil and get wells, whether produced from wells owned by Lessee or others,but subject to terms and conditions as follows: 1. Tessa shall have and is hereby rya S use of so much of the surface of the land owned by Lessor adjacent to,contiguous to or in the vicinity of the Leased Premises as may be neet r y for pndem and reasonable operation of the facility for the purposes of ingress and egress, as annually agreed to by Lessor and lessee, to and from the Leased Remises' and for the same coosiderabon herein recited,Lena,is hereby granted an easement over and s=uss the land of Lessor sullenest to, contiguous to or in the vicinity of the Leased premises for the purpose of laying and maintaining pipelines and constructing any other equipment reasonably necessary to operate and maintain the water disposal well. All pipelines shall be buried below ordinary plow death. Lessee shall have the right to install upon the Leased Premises and maintain such tanks,earthen pits,power stations, pumps, machinery, and equipment as shall be necessary or convenient to tale care of, treat,wore, transport and inject,and dispose of salt water, brine or other oil and gas well wawa to be injected into the disposal well. Conquest acimowledges that vessels has several underground pipelines which may be located below the salt water disposal well site If such lines must be moved to safely construct and operate the salt water disposal well, such pipelines will be moved at Conquest's expense. 2. The mniraum sire of the property to be used for the salt water disposal facility shall not exceed a parcel reusing of 200' r 300'. 3. This lease shell be for a term of ten (10) years and as long thereafter as salt water, brine or other oil field wastes am injected into the subsurface strata, or drilling or reworking operations are conducted oe the Leased Premises for the drilling or reworking of a water disposal well. Any u,spean ion of the injection of salt water, brine or other oil and gas well wastes through the water disposal well on the Leased Premises for a period of more than ninety (90)consecutive days after the initial lease term shall be considered the cessation by Lessee of the injection into a water disposal well under the terms of this Palagsap&. 4. Lessor hereby seiaowiedges receipt of Ten Dollars(910.00)and other valuable consideration as compensation for this lease. 5, lave shall have the right at any time during,or within four(4)months after the expiration of, this lease to remove all equipment and fixtures of whoever nature placed by Lessee upon the Leased Premises, including she right to draw and remove all casing, tubing,and other in-hole equipment, and all of such property shall be and remain the property of lessee. 6, Lessee shall obtain such permits as may be required by law or applicable regulations for use of Conquest Oil Company's 16.2E well as a water disposal well sad agrees to operate k in accordance with such regulations. 7. Tons", its succeaors and from all damages hereby obligates itself to protect and save Lessor mages claimed by third parties arising from actions �. �._. 940076 11 11 :ti f RUrl .�U� Di 1 kiS'2-111�i FHGE.t7t73 co' 14 'ai 03:_57 Clt+a£5T OIL =airy P.3 Salt Water Disposal Leda Agreement October 14, 1993 Page 2 of Lessee associated with this Lease Agreement,growing out of,or being m any way herded to et eameaed with the disposal of salt water, brine or other oil and gas well wastes into a water disposal well under the provisions haeof, and Lessee binds RacE, its ancces es and assigns to defend, u its sole cost and expense, all lawsuits or court scaava broogbt against Learnt by reason of any aoch claming fur damages and to pay all such damages and costs of such snits adjudged against Lessor. 8. Lassa shall maintain adequate property immure to allow reconstruction of the surface facility in the event of total damage to the facility. In addition, Lessee will mainnm liability Intitance In the amount of 53,000,000. Lea shall also carry all insurance that a prudent OlletatOt ctgaged is the water disposal business world maintain 9. Lessee expressly unmet sole respoos>7uiizy and liability for any damages to the tmface or subxtrtace which Lessee, Its darts or employees cause on the subject lands and the full restotatbe and reclamation of the premises at the termination mad Plugging of the disposal well. I easy la hereby responsible for plugging and ahtmdomment costa associated with the well. Lessee holds Lessor, its successors, assigns and employees manias for any and all clams and or liability associated with Lessee's oration. The fnrogoing indemnification obligation the tentiaation of this Lease Agreement stall survive 10. The terms and provisions hereof shall extend to, inure to the benefit of, and be binding upon the parties hereto, their hens, legal teprdrnntves and assigns. 11. itds Agreement is revocable by Lessor at any time prior to the patties entering into a forme Water Injection Well Agreement_ ZXPCUTED in duplicate originals this JL day of OC.tO Ue.C 1993. g 4i _ - (� Vr_� 1Q AS CO ANY Title: Asfest CONQUEST o>z,COMPANY Br By_,�.li�ct j� )Secretary . Cl ��, Bruce B. White, President STATE OF COLOLtAUO l 6514-- COUNTY OFagr ,i{�',< j I . ✓ 1�J, 1 F elf to to mep aY of`_`_4 1993, before me personally appal • &�Sifia YrS of VEESSSknown, SOIL A GABS COM and toe duly sworn, t middid instrument was signed On behalf of VESSELS OIL & GAS COMPANY, and said terse acknowledged said Instrument to be the free act and deed of said cotporadan. WITNESS my hand and official seal. lay Commission Endres: ( / �C / Notary . Amerce 5d-lit Sf ,SLOoa vitev CO acZC7 940076 (YT II •91 09 51 PRt5E.Odl uCT 1 1 '93� 11:07 FP0I I 303 9 5 25 2 10 13:05232-1110 PAGE.[304 CCt 14 '93 08:r 'gfnr5T OIL Mean P.4 Salt Water Disposal Lease Agreement October 14, 1993 Pate 3 STATE OF COLORADO COUNTY OF WELD j Bruce B. On ode—.1." day �� C 15 � . 1993, before me the President B. whim, to me personalty °•who,bring by me drily mom, did that he appeared behalf of aniof dw(unr OM COMPANY,and that said iwecument was signed and sealed s behalf of i tion by embody of its Board of Director, and said Bruce B. White 8 trttnlmem m be die free act and deed of said companion. R?INESS my head and official seal. My Commission&pine ' `3" 94{ Notary Public o cu I(a-tk ST, —STE GC ,,Ce 80'(0 3 i r 3'1007$ CCT 14 '93 09:2 I.i i i,r...I 'd p,ii 1 11 11 _1 ) I I,i i ril o_ I L V I I October 13, 1993 C1/4L9ir Amoco Production Company P.O, Box 800 Denver, CO 80201-0800 RE: Proposed Conquest Disposal Well Weld County, Colorado By separate instrument, Amoco Production Company ("Amoco") is today assigning to Conquest Oil Company ("Conquest") all of its right, title and interest in and to the following referenced oil and gas lease covering lands situated in the County of Weld, State of Colorado, described as follows to wit: LESSOR: David Howard, et al LESSEE: T. S. Pace DATE: February 28, 1970 RECORDED: Book 623, Reception No, 01544598 DESCRIPTION: awnah►p I Nnnh. Range 67 West. Weld County. Colorado Section 28: SE/4 SE/4 as to the Entrada, Lyons and Wolfcamp formations only. for the sole and only purpose that Conquest may drill a water injection well and operate a water disposal facility on such lands, with Amoco excepting and reserving all rights relating to the production and ownership of oil and gas from said Entrada, Lyons and Wolfcamp formations. Conquest anticipates that it will begin drilling this well approximately December 31, 1993, and that the well will reach total depth approximately 30 days thereafter. As additional consideration for this assignment, Conquest hereby promises that when the dual induction log has been nut in the disposal well, it will provide a copy of the log to Lan Snead, Petroleum Engineer (303.894-6623 work telephone) (303-757-5594 home telephone) and Amoco will then have a period of 12 hours in which to elect to take over the well and attempt to complete the well as a producing oil or gas well in the Entrada, Lyons or Wolfcamp formations at Amoco's sole cost, risk and expense. Should Amoco take over the well, Conquest will relinquish all rights thereto (including the materials and equipment used in connection therewith and its leasehold estate in the producing formation), free and clear of all liens and encumbrances not existing as of the date of the assignment. If Amoco takes over the well, Amoco will promptly reimburse Conquest for all out-of-pocket costs and expenses incurred by Conquest in drilling the wall from initial site preparation and payment of surface damages to the point when Amoco takes over the well. Notwithstanding any such takeover, Conquest will continue to have the right to drill a substitute water injection well on the leased lands covered by the lease, although the substitute well and the related disposal facilities shah be located in such a way and completed in such a formation that the water disposal operations will not unduly interfere with Amoco's operation of the original well, nor shall Amoco's operation of the original well unduly interfere with Conquest's water disposal operations. 1610 29th Avenue Place • Greeley, CO 80631 • 303/356-5560 940076 • . .. .._ •-4_411 I VII 1!it 1 11-11 F.� Amoco Production Company Page 2 October 13, 1993 If Amoco fails to take over the well within the permitted 12 hour period, the original well shall conclusively be and remain the sole property of Conquest and Conquest shall have the sole and absolute right to complete the well as a water injection well. Amoco's authorized representative shall at all times have full and free access to the rig floor and to all information, including any logs or tests actually run, concerning any well drilled by Conquest on lands covered by the lease, Conquest shall have no obligation to run any logs other than a dual induction log or to test any oil or gas shows encountered during the drilling of the well, but it will furnish Amoco daily drilling reports and catch and keep at the rig 10' samples in the Entrada, Lyons and Wolfcamp formations. If Amoco wishes any logs or tests in the well which Conquest itself does not wish to run, it may ask Conquest to run such logs, surveys or tests at the sole cost and expense of Amoco, including rig time, at any time before the expiration of 12 hours after the dual induction log has been run. In such event, Amoco will have an additional period of 12 hours after the completion of such logs, surveys or tests in which to decide whether to take over the well. It is further understood and agreed that notwithstanding Amoco's reservation of all rights relating to the production and ownership of oil and gas from the Entrada, Lyons and Wolfcamp formations, that Amoco does hereby waive its right to conduct operations for the drilling and completing of wells in said formations, except as provided under the takeover provisions hereof, for as long as Conquest shall conduct its water disposal operations on the lands described above as provided in that certain Partial Assignment of Oil and Gas Lease covering such lands of even date herewith. If this letter correctly reflects your understanding of our agreement concerning possible takeover of the well, please sign one copy of this letter and return it to us with the executed partial assignment of oil and gas lease. Very truly yours, CONQUEST OIL COMPANY r By / Dale S. Butcher, Vice President ACCEPTED AND AGREED: a AMOCO PROD TI COMPA e • gy. t,vti�� f7., SA ' Title: N1�( p 910076 rVIe IL! !L'U' 1 _' 11L-1j STATE OF COLORADO ) ) ss. COUNTY OF WELD ) PARTIAL ASSIGNMENT OF OIL AND GAS LEASE KNOW ALL MEN BY THESE PRESENTS: THAT, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Amoco Production Company, hereinafter referred to as "Assignor", does hereby bargain, sell, assign, transfer and convey unto CONQUEST OIL COMPANY, whose address is 3400 16th Street, Suite 6L, (Greeley, Colorado 80631, hereinafter referred to as "Assignee", ONE HUNDRED PERCENT (100%) of Assignor's right, title and interest in the following Water Accepting Formations Only: the Entrada, Lyons and Wolfcantp, as more particularly described below, for the sole and express purpose of operating a Water Disposal Facility and injecting brine water via a water disposal well, in and to the following referenced oil and gas lease covering lands situated in the County of weld, State of Colorado, described as follows to-wit: LESSOR: David Howard, et al LESSEE: T. S. Pace DATE: February 28, 1970 RECORDED: Book 623, Reception No. 01544598 DESCRIPTION: Township, 1 North,,Range 67 West Section 28: SE/4 SE/4 as to the Entrada, Lyons and Wolfcamp formations only. Insofar and only insofar as this lease covers the stnttigraphic equivalent of those depths below the top of the Entrada formation, as identified at 8324' below the surface, in the Amoco (WAR 39 Pan Am F-1 well located in the NE/4 SW/4 of Section 5, Township 3 North, Range 65 West, in the following Water Accepting Formations Onlyt Entrada, Lyons (9005') and Wolfeamp (9400'). reserving and excepting all rights relating to the production and ownership of oil and gas, or either of them, front said Water Accepting Formations as more fully set forth in that certain letter agreement by and between Assignor and Assignee of even date herewith, which is incorporated herein by this reference (said lease and land to the Water Accepting Formations hereinabove described being referred to as "lease acreage"), subject to the following terms, covenants and conditions: 1, The lease acreage covered hereby is assigned by the Assignor and accepted by the Assignee subject to any valid overriding royalties, production payments, and other payments out of or with respect to production, to the extent that it Is or remains a burden on the lease acreage herein assigned. 2. This Assignment is limited and conditioned upon Assignee using the lease acreage for the express purpose of operating a Water Disposal Facility only and will, upon Assignor's request, be reassigned to Amoco upon closure of the Facility and plugging of the water injection well on premises, 3. The Assignee binds itself, its successors and assigns, to indemnify and hold Assignor harmless against any and all damages, claims, costs, losses, suits, judgements, environmental damage, or injuries, including attorney's fees and costs, resulting to persons or property due to operations conducted by Assignee on or about the lease acreage. 4, The Assignee expressly accepts sole responsibility and liability for any damages to the surface of the lease acreage which the Assignee, its agents or employees cause, and the full restoration and reclamation of the premises at the termination and plugging of the disposal well. 5. The lease acreage assigned hereunder is subject to, and Assignor hereby reserves the non-exclusive right to utilize the surface of the land, and to drill through the Water Accepting Formations assigned, and otherwise to utilize the rights and 910076 OCr is a, i,...yc',_.ivilalu..1,), c/A L I , ,ka,.d.11 11-11 P SF S q Page 2 Partial Assignment of Oil and Gas Lease October 13, 1993 benefits of Assignee under the oil and gas lease and all other agreements, surface leases, permits, rights-of-way, pooling declarations, licenses, easements, governmental authorizations or otherwise granted to or held by Assignee, to the extent necessary, useful or appropriate to the conduct of all operations by Assignor with respect to the lands or the depths thereunder not assigned to Assignee or any other lands covered by the lease. 6. This Assignment is made without warranty of any kind. 7. The terms, covenants and conditions hereof shall be binding upon and inure to the benefit of the Assignor and the Assignee and their respective successors or assigns, provided however Assignor must approve in writing, any assignment of Assignee's rights hereunder, which approval shall not be unreasonably withheld; and such terms, covenants and conditions shall be covenants running with the lands herein described and the lease acreage herein assigned and with each transfer or assignment of said land or lease acreage. 8. If the oil and gas lease described herein do not cover and lease alt of the mineral interest in the lease acreage, the interest assigned herein shall be reduced in proportion to the actual interest owned in said land under the terms of said lease. TO HAVE AND TO HOLD said lease acreage unto the Assignee, its successors and assigns, subjectzq the terms and covenants and conditions hhereinbefore set forth. Dated this day of (.-'4/*. , 1993, but effective the !2.L. day of ®Clem , 1993. ASSIGNOR: AMOCO PROD CTION,.C-OMPANY C,...,, ii----- arnr041tIo-• EX At STATE OF COLORADO ) ) is. COUNTY OF rflrnw•r ) /yi On this _alb day of 004(ter , 1993, before me personally appeared ___ _ -ib-Mn-, t ,p;n•,k0 , to me personally known, who, being by me duly sworn, did say that he is the A46.0.q} • Cart of Amoco Production Company, and that said instrument was signed on behalf'bf said corporation and said hm acknowledged said instrument to be the free act and deed of said corporation. WITNESS my hand and official seal. My Commission Expires; WSia:DIC5 ,,,i-lenn, i C. , SUcPfYto Notary Public _� Address:'kin,lin Arils sni1 r r ti.% 1 tii / l r .... ' 1 0 ; 1, ••Iq Ve•.;• f0: 0It -4,.l•• ,O % re _ sty Comm, tapirs, Oct n, 1915 9 :0076 Hello