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Home My WebLink About941192.tiff RESOLUTION RE: WAIVER OF COLORADO OGCC 150-FOOT SETBACK REQUIREMENT FOR WEIDERSPON STATE J 16-12 WELL - NW/4 SW/4 SECTION 16, TOWNSHIP 5 NORTH, RANGE 66 WEST, WELD COUNTY, COLORADO, AS IT RELATES TO TRACT A, WESTRIDGE SUBDIVISION FIFTH FILING 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, Weld County, Colorado is the owner of a lot known as"Tract A" in the Westridge Subdivision Fifth Filing, which is located in Section 16, Township 5 North, Range 66 West of the 6th P.M., Weld County, Colorado (hereinafter referred to as "Tract A"), and WHEREAS, Gerrity Oil and Gas Corporation intends to drill an oil well to be located on property owned by Gary and Theresa Weiderspon in the NW/4 SW/4 of Section 16, Township 5 North, Range 66 West, to be known as "the Weiderspon State J 16-12 Well," and WHEREAS, said property owned by Gary and Theresa Weiderspon is immediately adjacent to Tract A, and WHEREAS,the Colorado Oil and Gas Conservation Commission Rule 603a(2) requires that any oil and gas well be set back 150 feet from the surface property line, and WHEREAS, the Weiderspons have requested of Gerrity Oil and Gas Corporation that the well be drilled and placed at a location on their property which will be 85 feet west-southwest of the west property line of Tract A, and WHEREAS, Colorado OGCC Rule 603a(2) allows placement of an oil well less than 150 feet from the surface property line if the owner of the property which will be impacted by the shorter setback waives the 150-foot requirement, and WHEREAS, attached hereto and referred to herein as Exhibits "A" and "B" are letters from the Weiderspons and Gerrity Oil and Gas Corporation, respectively, requesting that the Board of County Commissioners waive the 150 foot setback requirement for the Weiderspon State J 16-12 Well as it relates to Tract A. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Colorado OGCC 150-foot setback requirement for the Weiderspon State J 16-12 Well, to be located in the NW/4 SW/4 of Section 16, Township 5 North, Range 66 West of the 6th P.M., Weld County, Colorado, shall be, and hereby is, waived as it relates to Weld County's Tract A in the Westridge Subdivision Fifth Filing, with the condition that said well be drilled and located with a setback 85 feet from the Tract A west property line, as promised by Gerrity Oil and Gas Corporation. 941192 LE0023 CC- : CH; te%rspoo rrery (zahn�_ Ret? rich•Sri,IdIn3 RE: WAIVE 150-FOOT SETBACK REQUIREMENT - WEIDERSPON PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of December, A.D., 1994. � 9 /� BOARD OF COUNTY COMMISSIONERS ATTEST: if i' - / /J WELD COUNTY, COLORADO Weld County Clem to the Board ff't /A if f )1 l."1 `1/ I3Yi . Webster, Chair n / BY: ti it r /, Deputy Cleft"Co the Board Da e . Hall, Pro em APPROVE- AS TO FORM:,,,,------- ORM: EXCUSED George E. Baxter /f/7--, Z) EXCUSED County Attorn y Constance L. Harbert 4- ,u-/44._St.C . / , 'f;; ,yi 'Barbara J. Kirkmeye // 941192 LE0023 DOYLE, KLEIN, OTIS, FREY, HELLERICH & LAZAR, LLC ATTORNEYS AT LAW RICHARD N.DOYLE SUITE 300 DENVER METRO HENRY C. FREY BANK ONE PLAZA (303)659-7576 THOMAS E.HELLERICH 822 7th STREET ROGER A.KLEIN GREELEY,COLORADO 80631 FAX MICHAEL A.LAZAR (303)353-6712 FRED L OTIS ANTHONY V. MELLO (303)353-6700 C") • .. N0V1 5 1994 November 14, 1994 :VELD COUNTY ATTORNEYS OFFICE VIA FAX: 352-0242 Bruce T. Barker, Esq. Weld County Attorney P. O. Box 1948 Greeley, CO 80632 RE: Gary and Theresa Weiderspon 6923 W. 28th Street Greeley, CO 80634 SW 1/4 Section 16, Twp. S N. R. 66 W. of the 6th P.M. Weiderspon State J 16-12 Well Dear Bruce: As you are aware, by letter of October 6, 1994, I advised you on behalf of the Weiderspons that we were requesting a consent by the County to locate the well known as the Weiderspon State J 16-12, within 85 feet of the east property line of the Weiderspon property and 170 feet south of the Weiderspon north property line. The required setbacks are 150 feet and, therefore, we are requesting that the County waive the requirement. Subsequent to my request of October 6th, Gerrity Oil determined they would not attempt to relocate the well to this position. By letter of October 25, 1994, you advised me that Gerrity had informed you they would not be relocating the well. Subsequent to that time, Gerrity has reconsidered and Gerrity is willing to relocate the well. The exact location EXHIBIT "A" 941192 would be between 120 and 85 feet of the east property line of the Weiderspon's property. The exact location would be within these parameters, but in no event would it be closer than 85 feet. On behalf of the Weiderspons, I am therefore requesting once again that the Board of County Commissioners authorize the execution of a consent and waiver of the setback requirement of 150 feet and allow the actual well to be drilled within 85 feet of the east property line of the Weiderspon's property. This consent and waiver would not waive any other rights other than the setback requirement as we have previously discussed. Again, time is of the essence and I would appreciate your attention to this matter and a response from the Board at the earliest possible convenience. Ve ly yours, THOMAS E. HELLERICH Attorney at Law TEH:cjm cc: Mr. & Mrs. Weiderspon Gerrity Oil & Gas Corporation Director, Oil & Gas Conservation Commission 941192 GER R I T Y O I L & GAS CORPORATION November 14, 1994 Bruce T. Barker, Esq. VIA TELECOPY (303-352-0242) Board of County Commissioners of Weld County AND U.S. MAIL P.O. Box 758 Greeley, CO 80632 • Re: Waiver of Colorado OGCC 150-foot setback requirement D 7__L KV/ L22, Weiderspon State J 16-12 Well Township 5 North, Range 66 West, 6th P.M. N0V 1 5 1994 ;1 '1 Section 16: NW/4SW/4 ,,k '--J Weld County, Colorado ELD COUNTY ATTORNEYS O Dear Bruce: ! As we discussed over the phone, Gerrity Oil & Gas Corporation wishes to move its location for the captioned well 300 feet to the east and 49 feet to the south of the originally-staked location. (I have enclosed a plat showing this location change.) This new location is preferred by surface owners Gary and Theresa Weiderspon. As this move will place the well at a point which is 120 feet to the east of the Weiderspons' property line with Weld County, we ask that the County waive the Colorado OGCC Rule 603a(2) property line setback requirement of 150 feet. The Weiderspons' attorney Tom Hellerich mentioned that he has requested this waiver on behalf of his clients, and asked that we advise the Board of our plans to move the well to the Weiderspons' preferred location. Our access will remain unchanged from that already-granted by Weld County. Our drilling schedule demands that we drill the captioned well very soon, as we have already delayed this well to re-assess the operational feasibility of the Weiderspons' desired location. We, therefore, would greatly appreciate the Board's earliest possible review of this matter. °'. et. Please call me if you have any questions or comments regarding our request. '4 Very truly yours, GERRITY OIL & GAS CORPORATION r.; Mark C. Za PL. Senior Landman cc: Richard T. Griebling, Director OGCC Tom Hellerich, Esq. K:\USERS\SHERYL\ZAHN\BARKER.LTR 4100 East Mississippi Avenue Suite 1200 EXHIBIT "B" Denver, Colorado 80222 Fax 303 757.1197 941192 ‘ 't mEmoRAnDum wukTo Board of County Commissioners Date December 2, 1994 COLORADO From Bruce T. Barker, Weld County Attorney Request for Waiver of 150' Setback Requirement for Weiderspon State Subject J 16-12 Well Attached are copies of letters which I have received from Tom Hellerich, on behalf of Gary and Theresa Weiderspon, and Gerrity Oil and Gas Corporation, which request a waiver the Colorado OGCC 150' setback requirement for the Weiderspon State J 16-12 Well. As you may recall, Weld County owns "Tract A" in the Westridge Subdivision Fifth Filing located in Section 16, Township 5 North, Range 66 West of the 6th P.M., Weld County, Colorado. (This is the property over which Weld County granted Garrity an easement for access to a well located on property owned by the Weiderspons.) A copy of the map which shows where this property is in relationship to the Weiderspon's property is attached. Colorado OGCC Rule 603a(2)requires that any oil and gas well be drilled and located at least 150' from the surface property lines. A copy of the Rule is attached. The Rule allows the owners of adjacent properties to waive the 150' setback requirement upon request. The Weiderspons wish to have the well located 85' from the property line for Tract A, instead of the required 150'. In essence, this amounts to a variance of 65' from the 150' setback. I have checked the Weld County Zoning Ordinance and I have spoken with Keith Schuett about any setback requirements which Weld County has relevant to the placement of oil and gas wells. At present, we have no such setback requirements and, therefore, the proposed 85' setback will not violate any Weld County regulations. I recommend that the Board approve the waiver. The waiver will benefit the Weiderspons and adjacent residences without hindering the Weld County property. BTB/gb:setback Attachments 941192 Page 62 e. Existing producing facilities shall be exempt from the provisions of these regulations with respect to minimum distance requirements and setbacks unless they are found by the Director to be unsafe. f. The Director shall have the authority to grant variances to these regulations after consultation and concurrence of local authorities. In the absence of concurrence, the Director shall bring the matter before the Commission at public hearing. g. Self-contained sanitary facilities shall be provided during drilling operations and at any other similarly staffed oil and gas production facility. h. Upon application, notice and hearing, the Commission may modify any setback requirements provided for in Rules 603 and 604. Notice of such application shall be given to the affected operator, the local governmental designee and to the owner of the affected surface structure. 603. DRILLING AND WELL SERVICING OPERATIONS. a. In all areas of the state except those provided for in subparagraph b below, the following shall apply: (1) Wellbore shall be located a distance of one hundred fifty (150) feet or one and one-half times the height of the derrick, whichever is greater, from any occupied building, public road, major above ground utility line or railroad. (2) Wellbore shall be a minimum distance of one hundred fifty (150) feet from a surface property line. If it is not feasible for the operator to meet this minimum distance requirement, a waiver from the offset surface owner shall be obtained. Such waiver shall be written and filed in the county clerk and recorder's office and with the Director. If it is not feasible for the operator to meet this spacing requirement and the parties can not reach an agreement, the operator shall apply to the Director for relief from this requirement. b. Any interested person may apply to the Commission to have any tract of land designated as a high density area. 7,15 2 CCR 404-1 THE CODE OF COLORADO REGULATIONS 9 92 \ I TANK BATTERY N 15' DRAINAGE St UTILITY EASEMENT arz a n PROPOSED 4 STRAND BMBED WIRE 1070 FENCE T m aw F� PLANNED 20'ACCESS ROAD 1070' 1 PROPOSED 25' TEMPORARY AND 12' PERMANENT ROAD AND FLOWLINE TO BE LOCATED ON LANDS OWNED BY WELD COUNTY LYING IMMEDIATELY EAST OF THE WEIDEMAN PROPERTY. w ce ,-- ,/) ,— ••:- ; N W C r =,- 0 Si d IllillirD.11".— 530' FENCE —- 550' FENCE �� a—E N�' !,T1 Upa1 %=riD0I171 1 OP p p J 16-12 WEIDERSPON STATE 1050' 1 i 350' FENCED DRILLING PAD SEE ATTACHED DETAILED WELLSIIE PLAT DIAGRAM) Io R 570' FENCE W 0 ,a z O 1 Q 1 1 0 1 a 1 0 i _ _ _ _ - - - - - - 1 L. 370' FENCE 3 1 Zia1 0 1 1 . I I I i WO 1 w — 1WTI'awro nne:oh 's�em �o•mw�a.w.m.�c e�>mvs u Z V I o..sa&."nmz_ Pan AWN, W I W 1A°'® stet'"BE°IRE°°" DD \ �WEIDERSPON STATE 1` ‘LL ?�O J 16-13 m i o m 1059'ESL 734'PAL 400' COUEI.I. DRILLING WINDOW i 350' FENCED DRILLING PAD i SALD 941192 IGERRITY .1 . O I L PA GAS F.,�. CORPORATION 4. November 14, 1994 ?r. Bruce T. Barker, Esq. VIA TELECOPY (303-352-0242) Board of County Commissioners of Weld County AND U.S. MAIL T',Tik. P.O. Box 758 Greeley, CO 80632 I�j�1��] Re: Waiver of Colorado OGCC 150-foot setback requirement )1732_," L1\"/ r 11 Weiderspon State J 16-12 Well Township 5 North Range 66 West. 6th P.M. N0V 1 5 1994 t1 ,1 7:A Section 16: NW/4SW/4 ,_j Is .,J, Weld County, Colorado ELD COUNT', ATTORNEY'6 O , _11 ___ Dear Bruce: As we discussed over the phone, Gerrity Oil & Gas Corporation wishes to move its location for the captioned well 300 feet to the east and 49 feet to the south of the originally-staked location. (I have enclosed a plat showing this location change.) This new location is preferred by surface owners Gary and Theresa Weiderspon. As this move will place the well at a point which is 120 feet to the east of the Weiderspons' property line with Weld County, we ask that the County waive •k9 the Colorado OGCC Rule 603a(2) property line setback requirement of 150 feet. The Weiderspons' attorney Tom Hellerich mentioned that he has requested this waiver on behalf of 1 his clients, and asked that we advise the Board of our plans to move the well to the Weiderspons' preferred location. Our access will remain unchanged from that already-granted by Weld County. Our drilling schedule demands that we drill the captioned well very soon, as we have already delayed this well to re-assess the operational feasibility of the Weiderspons' desired location. We, therefore, would greatly appreciate the Board's earliest possible review of this matter. ir Please call me if you have any questions or comments regarding our request. Very truly yours, GERRITY OIL & GAS CORPORATION i't xi/ 9,e17______ Mark C. Za Senior Landman •.I cc: Richard T. Griebling, Director OGCC , Tom Hellerich, Esq. K:\USERS\SHERYL\ZAHN\BARKER.LTR sr 4100 East Mississippi Avenue Suite 1200 Denver, Colorado 80222 I, Fax 303 757.1197 941132 Telenhnne MI 757.1110 DOYLE, KLEIN, OTIS, FREY, HELLERICH & LAZAR, LLC ATTORNEYS AT LAW RICHARD N. DOYLE SUITE 300 DENVER METRO HENRY C.FREY BANK ONE PLAZA (303)850-7578 THOMAS E.HELLERICH 822 7th STREET ROGER A. KLEIN GREELEY,COLORADO 80831 FAX MICHAEL A. LAZAR (303)353-8712 FRED L OTIS ANTHONY V. MELLO (303)353-8700 97,77:1' November 14, 1994I!y ' N0V 1 5 1594Lit WELD COUNTY ATTORNEY'S OFFICE VIA FAX: 352-0242 Bruce T. Barker, Esq. Weld County Attorney P. O. Box 1948 Greeley, CO 80632 RE: Gary and Theresa Weiderspon 6923 W. 28th Street Greeley, CO 80634 SW 1/4 Section 16, Twp. S N. R. 66 W. of the 6th P.M. Weiderspon State J 16-12 Well Dear Bruce: As you are aware, by letter of October 6, 1994, I advised you on behalf of the Weiderspons that we were requesting a consent by the County to locate the well known as the Weiderspon State J 16-12, within 85 feet of the east property line of the Weiderspon property and 170 feet south of the Weiderspon north property line. The required setbacks are 150 feet and, therefore, we are requesting that the County waive the requirement. Subsequent to my request of October 6th, Gerrity Oil determined they would not attempt to relocate the well to this position. By letter of October 25, 1994, you advised me that Gerrity had informed you they would not be relocating the well. Subsequent to that time, Gerrity has reconsidered and Gerrity is willing to relocate the well. The exact location 941192 would be between 120 and 85 feet of the east property line of the Weiderspon's property. The exact location would be within these parameters, but in no event would it be closer than 85 feet. On behalf of the Weiderspons, I am therefore requesting once again that the Board of County Commissioners authorize the execution of a consent and waiver of the setback requirement of 150 feet and allow the actual well to be drilled within 85 feet of the east property line of the Weiderspon's property. This consent and waiver would not waive any other rights other than the setback requirement as we have previously discussed. Again, time is of the essence and I would appreciate your attention to this matter and a response from the Board at the earliest possible convenience. Ve ly yours, THOMAS E. HELLERICH Attorney at Law TEH:cjm cc: Mr. & Mrs. Weiderspon Gerrity Oil & Gas Corporation Director, Oil & Gas Conservation Commission 941192 Hello