HomeMy WebLinkAbout2.0 BOCC Staff Report 05.09.1988BOCC 5/09/88
PROJECT INFORMATION AND STAFF COMMENTS
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Special Use Permits for Seven
Natural Gas Wells
APP~ICANT: :MVhlv'J.r'.-f) --{o SI j,3. Bonneville Fuels Corporation
LOCATION:
~
t.J1fh:J,Y:·Nt1"!.. NE i/4 Section 34-T6S-R94W
SW Section 25-T6S-R94W :.,,,i:-:r ..; I~ 1/4
l'""e'.'.$C ... l"~<::tV.Jt-I.. --NW 1/4 Section 21-T6S-R94W cY 5/ )f;
'>J.Ji,i.<;=,_. .. .)
i.4cY 5/5
NW 1/4 Section 25-T6S-R9 4w-A(r"""er
SW 1/4 Section 35-T6S-R94W r
NW 1/4 Section 27-T6S-R9 4W -fr(proJ•"<!<
NE 1/4 Section 28-T6S-R9 3W -k((><>J::<X
Well sites are located between one
and si~ miles south and west of
Rifle, off County Road 320 and 332
SITo DATA: Each drilling site will consist of
2-3 acres
WAT"R:
SEWoR:
ACCE:SS: ----
None proposed
Portable Chemical Toilets
Existing and proposed access roads
of£ county Road 320 and 332
EXISTING ZONING: A/R/RD
ADJACENT ZONING: A/R/RD
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN
Six sites are located in District c, rural areas with minor
environmental constraints; with one site located in the Rifle
urban Area of Influence, as designated on the Comprehensive Plan
Management Districts Map.
II. DESCRIPTION OF THE PROPOSAL
A. Site Description: The sites are located in a rural portion
of the County, with land uses in the vicinity primarily
agricultural, rural resiOential, and open space.
B. Project Description: The applicant proposes to drill a
natural gas well on each site, with operations to begin in
May, 1988.
I I I . MAJOR ISSUES AND CONCERNS
l. Information on the well site located within the Rifle Urban
Area of Influence has been provided to the city. No
comments from the city have been received at this time.
2. The applicant has represented that a water supply is
unnecessary for drilling operations, as tl1ey will be
utilizing compressed air as a drilling medium.
3. The proposed well sites will utilize approximately 6 miles
of county Roads 320 and 332 for access. current County
policy requires a $20,000 per mile road bond, or $15,000 per
mile cash security, for restoration of road damage to hard
surfaced county roads.
IV. SUGGESTED FINDINGS
1. That proper publication and public notice was provided as
required by law for the hearing before the Board of county
Commissioners.
2. That the hearing before the Board of county Commissioners
was extensive and complete that all pertinent facts,
matters and issues were submitted and that all interested
parties were heard at that hearing.
3. For the above stated and other reasons, the proposed use is
in the best interest of the health, safety, morals,
convenience, order, prosperity and welfare of the citizens
of Garfield county.
V. RECOMMENDATION
APPROVAL, with the following conditions:
1. All proposals of the applicant shall be considered
conditions of approval unless stated otherwise by the Board
of county Commissioners.
2. The applicant and driller shall notify the County Clerk 1 s
office and the Assessor's office to ensure proper licensing
and assessment of equipment and vehicles based in the
operation 1 prior to final approval.
3. The applicant and driller shall notify the County Road and
Bridge Department, prior to moving a drilling rig across
County Roads. In addition, the applicant shall provide
on-going maintenance to county Roads 320 and 332, under
supervision of the Road and Bridge supervisor, including,
but not limited to, returning the county roads to not less
than their condition prior to the commencement of drilling
activities, at such time as the wells are drilled,
completed, and equipped for production. oust control
measures, including mist drilling 1 will be utilized as
needed.
4. The applicant shall submit a road restoration letter of
credit, in the amount of $90,000, to ensure compliance with
Condition #3. Said letter of credit shall be maintained in
place until such time as the wells have been drilled,
completed, and equipped for production.
5. The applicant shall submit lease agreements for mineral
rights, including authorization for surface use, and
access. Restoration shall be addressed by these agreements
or separate restoration agreements submitted.
6. The applicant shall comply with all applicable state and
Federal Agency requirements and obtain all appropriate
permits.
7. The applicant shall obtain Road cut Permits, as required by
the Garfield county Road and Bridge Department, for all new
access points off County roads.
8. The applicant shall have 120 days from the date of the
Resolution of Conditional Approval to meet all conditions
set forth in the Resolution. The Special Use Permits shall
be issued when all conditions are met and shall expire 120
days after issuance, unless construction or use has
commenced.
\\ell #25-22
\\ell #27-42
\\ell #28-41
BONNEVILLE FUELS CORPORATION
EXHIBIT A
Nw 1/4 Section 25-T6S-R94w
NE 1/4 Section 27-T6S-R94 W
NE 1/4 Section 28-T6S-R93W
-·;
.•
RIGHT-OF-WAY
AND
SURFACE DAMAGES AGREEMENT
STATE OF COLORADO )s
COUNTY OF GARFIELD )s
_ _;:;:,.. 1JJ.
THIS AGREEMENT is effective the -::/6 day of ~· 1988,
by and between Harley A. Moore and Carol Moore, BoxB;~alt, co
81612, hereinafter referred to as "GRANTOR" and Bonneville Fuels
Corporation, 1600 Broadway, Suite 1123, Denver, Colorado 80202,
hereinafter referred to as "GRANTEE". ·
WITNESSETH:
in consideration
and other good
set forth, Granter
For and
conditions,
hereinafter
follows:
of
and
and
the convenants, terms,
valuable considerations
Grantee hereby agree as
Grantee intends to drill a well for oil and/or gas, said
well to be known as the 27-42 Moore well hereinafter referred to
as "the subject well", to be located in the SE/4NE/4, Section 27,
T6S, R94W, Garfield County, Colorado.
Granter does hereby convey to Grantee, its successors and
assigns, a right-of-way upon and across the above described land
and premises, together with the right so long as said right-of-
way is used for the purposes herein granted, to enter upon and
across the surface estate of Granter, to construct, maintain,
repair and use limited access roads, together with all necessary
bridges for access to the subject well _ location; and, to
construct a wellsite, tank batteries, electrical lines,_
pipelines, and all such other related facilities as are necessary
for Grantee to properly drill, equip, complete for production,
produce and/or plug and abandon the subject well.
Granter hereby reserves unto itself, its successors and
assigns, all surface, water and mineral uses and the right to
grant additional and successive rights-of-way which are not
inconsistent with the rights granted to Grantee at all times that
this right-of-way is in effect. Entry upon the heretofore
referenced surf ace estate and right-of-way for _use of the access
roads, wellsite, pipelines and all other related facilities are
hereby granted upon the following express conditions:
1. Grantee, its agents, successors and assigns, will save
and hold Granter harmless from and against any and all claims,
demands and causes of action including reasonable expenses,
attorney fees and court costs, arising from or in connection with
any claim for damages to persons or property caused by the
willful or negligent act or omissions of Grantee in the
installation, construction, repair, maintenance and all
operations involved with the drilling, completion, production
and/or plugging and abandoning the subject well, but not
otherwise.
2. Should Granter or any third party use the rights-of-way
or easement of Granter herein, said parties agree to indemnify
and hold Grantee harmless from and against all claims, demands
and causes of action including reasonable attorney's fee, for
personal injury, death or property damage arising out of or
attributable to Grantor's or third party's willful or negligent
act or omission while using said right-of-way or easement of
Grantee.
3. Grantee shall notify Granter prior to its initial entry
upon the surface estate of Granter, and Granter and Grantee shall
mutually agree upon the location of all roads, pipelines,
wellsites, tank batteries and any and all other facilities to be
located upon the surface estate of Gran tor. Grantee shall not
commence any operation until Granter has approved the location of
all such improvements, however, such approval shall not be
unreasonably withheld.
4. Grantee agrees to use the access roads, pipelines,
wellsite, and related facilities hereon in conformance with
acceptable and prudent oilfield standards and practices. Grantee
agrees to tender to Granter in advance of operations a one-time
payment of Fifteen Hundred ($ isoo.oo ) for the wellsite
location and right-of-way over and across the access roads during
the drilling, completing, equipping and production operation of
the subject well. Grantee agrees to line all pits and to pay for
any and all damages to growing crops, livestock, and fences
caused by any and all of its operations on said land. Grantee
further agrees to install culverts at water crossings and gates
according to Grantor's specifications. Grantee also agrees to
relocate and reconstruct those portions of Granter's irrigation
ditches that interfere with Grantee's operations, in accordance
with Grantor's specifications.
5. This Agreement shall remain in full force and effect
from the date hereof, and so long thereafter as the subject well
is in production, and/or the oil and gas lease incident thereto
and under which the subject well was drilled remains valid.
6. Any new road constructed to permit access to the
wellsite location and related facilities will not exceed a total
surface width of twenty (20) feet. Grantee shall at all times
maintain said roads in good condition and acceptable repair, all
at the sole cost and expense of Grantee.
7. In the event that the subject well does not result in
the discovery of oil, gas, or other hydrocarbons in paying
quantities, then Grantee agrees to plug and abandon said well in
accordance with all laws and regulation of the State of Colorado.
If the subject well is plugged and abandoned, Grantee agrees that
within a reasonable period it will restore and re-seed the
Granter's surface estate to as near its original condition as
practicable. Grantee shall have the right upon termination of
its operations hereunder to remove or have removed all of the
equipment and materials at its sole cast, risk, and expense.
8. The terms, convenants, and provisions hereof shall be
binding upon and inure to the benefit of the parties hereto,
their successors, and assigns and the rights and easements herein
granted shall be assignable together or separately, wholly or in
part.
IN WITNESS WHEREOF, the Agreement is executed the date first
set forth above.
carol Moore
GRANTEE
BONNEVILLE FUELS CORPORATION
~pr:wftyadent
STATE OF COLORADO )
)ss
county of Garfield )
At a
commissioners
Meeting Room
regular meeting of the Board of County
for Garfield County, Colorado, held at the commissioners'
at the Garfield County Courthouse in Glenwood Springs on
the 13th day of June A.D. 19 88 , there were present:
~R~o_b~e_r_t~R_i_ch_a_r_d~s_c_n~~~~~~~~~' Commissioner Chairman
~M~a=r~i~a=n'o-"I~·-S=m=i=·t=h~~~~~~~~~~' Commissioner
_L_a_r~r~y~S~c~h_m_ue~s~e~r~~~~~~~~~~' Commissioner
~S=h~e~r~r~y~C=o~lo=i=·a"--~~~~~--'A~s~s~i~s~t~a~n"-t County Attorney
Mildred Alsdorf Clerk of the Board
Chuck Deschenes (absent) County Administrator
when the following proceedings, among others were had and done, to-wit:
RESOLUTION NO. 88-051
A RESOLUTION CONCERNED WITH THE APPROVAL OF 3 SPECIAL USE PERMIT
APPLICATIONS BY BONNEVILLE FUELS CORPORATION
WHEREAS, the Board of County Commissioners of Garfield County,
Colorado, has received application from Bonneville Fuels Corporation for 3
Special Use Permits for natural gas wells on the following described
tracts of land;
See Exhibit "A"
(in the State of Colorado and the county of Garfield); and
WHEREAS, the Board held a public hearing on the 9th day of May,
1988, upon the question of whether the above-described Special Use Permits
should be granted or denied, at which hearing the public and interested
persons were given the opportunity to express their opinions regarding the
issuance of said Special Use Permits; and
WHEREAS,
produced at
determination
the Board on the basis of substantial competent
the aforementioned hearing, has made the
of fact:
evidence
following
1.
2.
That proper publication and public notice was provided as
required by law for the hearing before the Board of county
Commissioners.
That the hearing before the Board of County Commissioners was
extensive and complete, that all pertinent facts, matters and
issues were submitted and that all interested parties were heard
at that hearing.
3. For the above stated and other reasons, the proposed use is in
the best interest of the health/ safety, morals, convenience,
order, prosperity and welfare of the citizens of Garfield County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners
of Garfield county, Colorado, that the Special Use Permits be and hereby
are authorized permitting the use of the above described tracts of land
for natural gas wells upon the following specific conditions:
1. All proposals of
approval unless
Commissioners.
the applicant shall be considered conditions of
stated otherwise by the Board of County
2. The applicant and driller shall notify the county
and the Assessor's office to ensure proper
assessment of equipment and vehicle& based in
prior to final approval.
Clerk's office
licensing and
the operation,
3. The applicant and driller shall notify the county Road and Bridge
Department, p1ior to moving a drilling rig across county roads.
In addition, the applicant shall provide on-going maintenance to
county Roads 320 and 332, under supervision of the Rood ana
Bridge supervisor, including, but not limited to, returning the
County roads to not less than their condition prior to the
commencement of drilling activities, at such time as the wells
are drilled, completed, and eguippea for prociuction. Dust
control measures, including mist drilling, will be utilized as
needed.
4. The applicant shall submit a road restoration bond, in the amount
of $90,000 1 allowing alternate security if the existing bond
resolution is amended by the Board, to ensure compliance with
Condition #3. Said security shall be maintained in place until
such time as the wells have been drilled, completed, and equipped
for product ion.
5. The applicant shall submit lease agreements for mineral rights,
including authorization for surtace use and access. Restoration
shall be addressed by these agreements or separate restoration
agreements submitted.
6. The applicant shall comply with all applicable state and Federal
Agency requirements and obtain al~ appropriate permits.
7 . The applicant shall obtain Road
Garfield county Road and Bridge
points off county roads .
cut Permits,
Department,
as
for
requirea by the
all new access
8. The applicant shall have 120 days from the date of the Resolution
of conditional Approval to meet all conditions set forth in the
Resolution. The Special Use Permits shall be issued when all
conaitions are met and shall expire 120 days arter issuance
unless construction or use has commenced.
Dated this 13th day of
ATTEST:
-~Ju~n~•~---' A .D. 1988 .
Ch
OF COMMISSIONERS
Upon motion duly made and seconded the foregoing Resolution was
adopted by the following vote:
Robert Richardson Aye -~M~a~r~i~a~n--"I~.~S~m~i~t~h"'-"-----------------------Aye
Larry Schmueser Aye -~~~~~~~~~~~~~~~~~~~~~~~~~~-
STATE OF COLORADO
County of Garfield
I, , County Clerk and ex-officio Clerk
of the Board of County Commissioners in and for the County and State
aforesaid do hereby certify th~t the annexed and foregoing Resolution is
truly copied from the Records of the Proceedings of the Board of County
Commissioners for said Garfield county, now in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal
of said county, at Glenwood Springs, this ~~~~-day of A.D.
19
County Clerk and ex-officio Clerk
of the Board of County Commissioners.
~~~~~~~~~~~~~~~~~