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HomeMy WebLinkAbout1.00 General Application Materials Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com LAND USE CHANGE PERMIT APPLICATION FORM TYPE OF APPLICATION  Administrative Review  Development in 100-Year Floodplain  Limited Impact Review  Development in 100-Year Floodplain Variance  Major Impact Review  Code Text Amendment  Amendments to an Approved LUCP LIR MIR SUP  Rezoning Zone District PUD PUD Amendment  Minor Temporary Housing Facility  Administrative Interpretation  Vacation of a County Road/Public ROW  Appeal of Administrative Interpretation  Location and Extent Review  Areas and Activities of State Interest  Comprehensive Plan Amendment  Accommodation Pursuant to Fair Housing Act  Pipeline Development  Variance  Time Extension (also check type of original application) INVOLVED PARTIES Owner/Applicant Name: ________________________________________________ Phone: (______)_________________ Mailing Address: ______________________________________________________________________ City: _______________________________________ State: _______ Zip Code: ____________________ E-mail:_______________________________________________________________________________ Representative (Authorization Required) Name: ________________________________________________ Phone: (______)_________________ Mailing Address: ______________________________________________________________________ City: _______________________________________ State: _______ Zip Code: ____________________ E-mail:_______________________________________________________________________________ PROJECT NAME AND LOCATION Project Name: _____________________________________________________________________________________ Assessor’s Parcel Number: ___ ___ ___ ___ - ___ ___ ___ - ___ ___ - ___ ___ ___ Physical/Street Address: ________________________________________________________________ Legal Description: ______________________________________________________________________ _____________________________________________________________________________________ Zone District: ___________________________________ Property Size (acres): __________________ Introduction and Narrative Request for Waiver of Standards – LUDC 9-213(F) and 4-118 Brian Sperry, Trustee of the Sperry Family Trust dated August 9, 2019 (“Applicant”), submits this Application for Waiver of Standards pursuant to Garfield County Land Use and Development Code (“LUDC”) Articles 9-213(F) and 4-118. Applicant requests a waiver of the Article 9-213(A) requirement that “[n]o building unit intended for human occupancy shall be constructed within five hundred feet (500) or less from an existing oil and gas well and/or above ground oil and gas facilities.” Applicant filed an application for a building permit to construct a single-family dwelling on its property, Parcel 2175-271-00-128, located at 5811 County Road 320, Rifle, CO, 81650, more particularly described in the deeds attached to this application (the “Property”). The Property is zoned Rural Residential and, pursuant to LUDC Table 3-403, one single-family dwelling per legal lot is allowed as a by-right use. The Property does not contain any other single-family dwellings, and Applicant’s proposed use is therefore allowed by right, subject to applicable requirements of the LUDC. The 9-213(A) setback from existing oil and gas infrastructure requirement as applied will prevent Applicant’s proposed use of the Property, as oil and gas wells and facilities are located within a 500’ radius of the proposed building site. The Moore Well (API 05-045- 06567; MOORE #27-42-6S-94W) and meter house are located approximately 400’ from the proposed building site, and the Savage Well (API 05-045-07680; SAVAGE #RMV 121-27) and associate storage tank are located approximately 402’ from the proposed building site. A Grasshopper Gas Pipe Structure is located on the Property, though it is more than 500’ from the proposed building site. All oil and gas wells and facilities and their respective distances to the proposed building site are labeled on the Surveyed Site Plan attached to this application. If the 500’ setback is enforced, Applicant’s proposed by-right use of the Property for a single-family dwelling will be impossible, as the 500’ buffer covers the majority of the Property and the uncovered portion is located in a floodplain. Applicant selected the building site to both maximize distance from the oil and gas wells and facilities and avoid natural hazards. In addition to allowing Applicant to maintain the full use of the Property, waiver of the subject standard will prevent economic and natural resource loss. Applicant’s proposed dwelling will be constructed of logs, which have been purchased and delivered to the Property in anticipation of a forthcoming building permit. If the subject standard is not timely waived, the logs will likely dry out and warp, resulting in their loss along with the $140,000.00 paid for them by Applicant. Applicant therefore requests that the 500’ setback requirement in LUDC 9-213(A) be waived. In support of this request, Applicant has addressed applicable criteria in the LUDC and Garfield County Comprehensive Plan below. LUDC Article 4: Application and Review Procedures 4-118(C). Review Criteria. A waiver may be approved if the Applicant demonstrates that the following criteria have been met by the proposed alternative: 1. It achieves the intent of the subject standard to the same or better degree than the subject standard; and 2. It imposes no greater impacts on adjacent properties than would occur through compliance with the specific requirements of this Code. A staff comment in the Preapplication Conference Summary indicated that the 500-foot setback exists to both provide additional environmental protection for Garfield County Residents and to protect the ability for oil and gas operators to develop existing pad locations. Applicant Response: The following addresses the 4-118(C) Review Criteria as it applies to the requested waiver of standards: Environmental Protection Waiver of the subject standard will still achieve its intent to protect residents from environmental risks associated with oil and gas infrastructure such as airborne emissions, vibration, noise, and industrial activity. Applicant’s knowledge of the property and adjacent oil and gas infrastructure, along with safety-oriented design measures for the proposed dwelling, supports this conclusion. All oil and gas infrastructure is located at least 400’ east of the proposed building site. Prevailing winds in the area blow west to east, significantly reducing the potential for airborne pollutants and odors to reach the proposed dwelling. Applicant has never observed odors, noise, or vibration from the Moore well in over 20 years of ownership. Applicant has similarly never observed odors, noise, or vibration from the Savage well since the operator made changes to its facility in 2006. High-efficiency HVAC and air filtration systems coupled with tight air exchange between indoor and outdoor spaces in the proposed dwelling will add additional protection for future residents. Together with the 400’ distance between the proposed dwelling and the oil and gas infrastructure, prevailing winds, and site location, this will meet the intent of the subject standard despite its waiver. Further, waiver of the subject standard will not result in greater impacts to adjacent properties than would occur through compliance with the standard. Waiver of the standard will do no more than allow Applicant to use its Property for a by-right use as currently zoned and does not change the standard for adjacent properties. Required dwelling densities required by Rural Residential zoning will not be impacted by the construction of Applicant’s proposed dwelling. The parcel directly south of the Property contains a single-family dwelling within a 500’ radius of the Moore well, which has stood since at least 2003 with no documented environmental, health, or structural issues from proximity to the oil and gas infrastructure. Waiver of the subject standard as it applies to the Property will have no effect on adjacent properties’ proximity to oil and gas infrastructure, and as such will not result in greater impacts to them. Oil and Gas Operators Waiver of the subject standard will likewise meet its intent as it applies to the ability of oil and gas operators to develop existing pad locations. Waiver will only allow Applicant to construct its proposed dwelling and will not modify any lease, mineral right, or any other right of the existing oil and gas operators on the Property and adjacent properties. Applicant strategically chose the building site and plans to maximize distance from existing infrastructure and minimize associated impacts with the knowledge that operators may elect to expand their operation. Applicant has fostered open, productive engagement with existing operators and believes those relationships will allow all parties to coexist even with potential future infrastructure expansion. Waiver of the subject standard applies only to Applicant’s Property for the purposes of achieving its by-right use to construct a single- family dwelling and therefore will impose no additional or greater impacts on adjacent properties. 4-101. Common Review Procedures. The following review procedures apply to all Land Use Change applications. Where these procedures are modified for a specific application type, the change is noted in that section. The Director, at their discretion, may within reason extend any timeframe identified in this Article (with the exception of notice provisions) when it is determined that additional time is necessary to efficiently process the application. Applicant Response: Applicant attended a pre-application conference with staff, during which staff recommended Applicant apply for this waiver of standards. Applicant has included the Pre-Application Conference Summary prepared by Philip Berry, Principal Planner, in this application. Applicant acknowledges and will comply with the remaining review procedures in parts B-I of this section. 4-103. Administrative Review. Applicant Response: Applicant has completed the Pre-Application Process and acknowledges and will comply with the remaining review processes and criteria in parts B and C of this section. 4-201. Application Materials. Applicant Response: Applicant acknowledges the general submittal requirements of this section and has prepared this application according to staff instructions. 4-202. Waiver of Submission Requirements. A. Overview. The Director may waive or alter any of these requirements if they are determined to be inappropriate or unnecessary in determining whether the application satisfies applicable standards. A waiver shall apply only to the specific application for which it was requested and shall not establish a precedent for approval of other requests. Applicant Response: Applicant respectfully requests the Director waive the following submittal requirements: Grading and Drainage Plan; Landscape Plan; Impact Analysis; Traffic Study; Water Supply/Distribution Plan; Wastewater Management/Treatment Plan. Staff has indicated that these requirements will be waived due to the zoning of the property, nature of the building permit, and the extent of the waiver request. LUDC Article 7: Standards 7-101. Zone District Use Regulations. The Land Use Change shall comply with Article 3, Zoning, including any applicable zone district use restrictions and regulations. Applicant Response: the proposed waiver complies with Article 3 as it does not result in any zoning change. Applicant’s proposed use of a single-family dwelling is a by-right use of the Property as it is zoned Rural Residential. 7-102. Comprehensive Plan and Intergovernmental Agreements. The Land Use Change is in general conformance with the Garfield County Comprehensive Plan and complies with any applicable intergovernmental agreement. Applicant Response: The Land Use Change will conform with the Garfield County Comprehensive Plan as the proposed waiver will allow Applicant to use the Property as intended in the Plan. The Property is not with a UGA and is classified Residential Low (RL) on the Future Land use table, which supports “low density residential and related uses” and contemplates one dwelling unit per ten acres or greater. The Property contains 9.92 acres and is undeveloped. The parcels directly to the east and south of the Property are of similar size and contain single-family dwellings. Larger properties directly to the north and west of the Property are undeveloped. The proposed waiver will allow Applicant to use the Property for a single-family dwelling as contemplated by its current zoning as well as the Comprehensive Plan and future zoning. This development supports multiple priorities of the Comprehensive Plan, allowing for new housing while supporting economic and mineral extraction strategies by maintaining existing oil and gas production and leaving room for its expansion. 7-103. Compatibility. The nature, scale, and intensity of the proposed use are compatible with adjacent land uses. Applicant Response: Adjacent parcels are zoned Rural Residential, as is Applicant’s Property. Adjacent land uses include single-family dwellings and oil and gas production. Applicant’s proposed use is for a single-family dwelling, which will not interfere with any of the adjacent land uses as it will not impact nearby single-family dwellings and will not interfere with production expansion at adjacent oil and gas wells. 7-104. Source of Water. All applications for Land Use Change Permits shall have an adequate, reliable, physical, long-term, and legal water supply to serve the use, except for land uses that do not require water, or that contain Temporary Facilities served by a licensed water hauler. Applicant Response: The Property will be served by a domestic well constructed under Well Permit 323336, attached to this application. The permit allows for household use. The well is located in the SE1/4 of the NE1/4, Section 27, Township 6 South, Range 94 West, of the 6th P.M. Also described as UTM Zone 13, NAD83, Easting 253,393.0 meters and Northing 4,376,124.0 meters. The well produces up to 15 g.p.m. at a depth of 50 feet and produces an adequate domestic supply year-round. 7-106. Public Utilities. A. Adequate Public Utilities. Adequate Public Utilities shall be available to serve the land use. Applicant Response: The Property receives electric service from Holy Cross Energy. Electricity will also be provided by solar panels and a solar battery connected to the Holy Cross Energy system. Heating for the home will be provided by an electric heat pump. Sewage will be handled by an on-site septic system and absorption leach field. 7-107. Access and Roadways. All roads shall be designed to provide for adequate and safe access and shall be reviewed by the County Engineer. Applicant Response: The Property is accessed by an existing private driveway to the east, which connects to County Road 320. This provides safe access at an adequate capacity to serve the proposed use, a single-family dwelling. 7-108. Use of Land Subject to Natural Hazards. Land subject to identified Natural and Geologic Hazards, such as falling rock, landslides, snow slides, mud flows, radiation, flooding, or high-water tables, shall not be developed unless it has been designed to eliminate or mitigate the potential effects of hazardous site conditions as designed by a qualified professional engineer and as approved by the County. Applicant Response: The western portion of the Property borders the Colorado River and is located within a floodplain. However, the proposed building site sits at a higher elevation and is not at risk of flooding under current floodplain mapping, as shown on the attached site plan. 7-109. Fire Protection. A.Adequate Fire Protection. Adequate fire protection will be provided for each land use change as required by the appropriate fire protection district. Applicant Response: The Property is located in the Rifle Fire Protection District and is served by Station 43. The proposed dwelling will comply with all required building and fire safety standards. Therefore, adequate fire protection will be provided at the Property to support this request. Conclusion Applicant has demonstrated with the applicable requirements of the Garfield County LUDC and Comprehensive plan, as detailed above. Applicant therefore respectfully requests a waiver of the Article 9-213(A) standards requiring a 500’ setback for dwelling units from oil and gas facilities in order to facilitate its by-right use of the Property. 1 Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com PRE-APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 217527100128 DATE: 7/25/2025 PROJECT: Sperry Waiver of Standards 9- OWNERS: Sperry Family Trust CONTACT/REPRESENTATIVE: Brain Sperry ENGINEER/SURVEYOR/OTHER: SGM PRACTICAL LOCATION: 5811 CR 320 Rifle, Co. TYPE OF APPLICATION: Administrative Review – Waiver of Standards ZONING: Rural COMPREHENSIVE PLAN: see website I. GENERAL PROJECT DESCRIPTION Section 9-213 of Garfield County’s Land Use and Development Code (LUDC) requires a 500-foot setback between new residences and oil and gas wells and above ground facilities. This setback may be reduced through a Waiver of Standards process. Waivers of Standards are usually requested as a part of another land use permit, but they can be applied for separate from a land use permit. Waivers of Submittal requirements are treated as Administrative Review permits in accordance with Section 4-118. The applicant has applied for building permit for a single-family home, which is allowed by-right in the Rural Zone District. The site plan provided with the building permit shows that the structure is outside of the floodplain and the 35-foot setback for the riparian area. The single-family home is within 500 feet of two oil and gas facilities, one located on the subject property, and the other located on the parcel to the north. The subject parcel is mostly covered by these buffers, and the parcel’s western portion has riparian areas and areas within the 100-year floodplain. Access is via a private driveway from the east, which means the eastern property line has a 25-foot front yard 2 setback. The Staff Plans Examiner will continue their review and issue a correction letter, but the building permit cannot be issued until a Waiver application has been reviewed and a Land Use Change Permit issued. All Land Use Change Permit (including Waivers of Standards) applications need to show that the property owners are authorizing the application. Trusts or LLCs that own property require a recorded Statement of Authority to designate an individual to sign an application. If a property owner wants to authorize a consultant or contractor to do an application, they can do that with just a Letter of Authorization. The application should provide a Title Commitment from a title company that includes a list of exemptions and that shows ownership. The application will need to provide a list of property owners (and their mailing addresses) within 200 feet of the subject parcel, and the application needs a completed Mineral Ownership Certificate (attached) that lists the mineral owners and their mailing addresses. The property owner list can be generated by using the Buffer Tool found on the County’s Land Explorer website. Mineral Owner research might have to be done at the Clerk and Recorder’s Office or the applicant may hire a professional (such as a Title Company) to do this research. Either way, the certification should be filled out and signed as part of the application. Figure 1 Aerial of Subject Parcel with impacting facilities' approximate 500-foot buffers in yellow. These buffers are intended for illustrative purposes and surveyed plans would be necessary. 3 Contact information for operators, land lease agreements, or other correspondence from the Oil and Gas Operators should be included. The facility located on the subject parcel seems to be within 500 feet of a neighboring residence, the County’s setback codes for oil and gas facilities did not go into effect until recently. The application needs to provide a General Description or Narrative that explains what is being asked. This should include a response to the review criteria for a Waiver of Standards that is in Section 4-118 of the LUDC. The application to reduce the 500-foot setback needs to include a surveyed site plan (Section 4-203.D). Environmental features from the building permit application’s site plan, such as slope and riparian areas, should be included on this document, but it needs to show where the oil and gas facilities are and the extents of the 500-foot setbacks. The 500-foot setback exists to both provide additional environmental protection for Garfield County Residents and to protect the ability for oil and gas operators to develop existing pad locations. ECMC’s regulations are difficult for developers to drill new wells. The application needs to consider these topics in its response to the review criteria. Due to the zoning of the property, nature of the building permit, and the extent of the waiver request, staff is granting Waivers of Submittal Requirements for the following requirements: Grading and Drainage Plan. Landscape Plan. Impact Analysis. Traffic Study. Water Supply/Distribution Plan. Wastewater Management/Treatment Plan. This was discussed with the Director and it was determined that waivers of these submittal requirements is supported by Section 4-202 of the LUDC, based on the information at hand. If additional information calls this into question, the County may require additional information on these topics or a complete Submittal in accordance with the requirements of Section 4-203. Figure 2 Review Criteria for Section 4-118 4 When the application is submitted, 3 physical copies and a digital copy are required at the time of submittal. After the application is submitted, staff will do a technical completeness review and reach out with any additional information that is needed. Once the application is Technically Complete, staff will send the applicant a letter with instructions on how and when to mail notice. The letter will also include the date of the decisions, as well as a draft letter for the applicant to mail. Since the application is impacting several County Policies, staff may Call-Up the decision to the Board of County Commissioners. If this is the direction Staff and the Director determine is best, staff will provide more instructions on when and where the hearing will be held in the technical completeness letter. The application needs to provide a short response to the Standards found in Article 7. The application should include materials to fulfill any Waiver of Submittal Requirements (Section 4-202) and Waiver of Standards (Section 4-118) requests. A full copy of the Land Use and Development Code (LUDC) may be found here: https://www.garfield-county.com/community-development/land- use-code/ II. COMPREHENSIVE PLAN The application should demonstrate conformance with the comprehensive plan when responding to Article 7 Standards. III. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS The following Sections of the Garfield Land Use and Development Code as amended apply to the Application: • Section 4-103 Administrative Review and Section 4-101 Common Review Procedures • Table 4-201 Submission Requirements and Section 4-203 Description of Submittal Requirements. • Section 4-118 and Section 4-202, as applicable. • Article 7 Standards, as applicable IV. SUBMITTAL REQUIREMENTS As a convenience outlined below is a list of information typically required for this type of application. Table 4-201 outlines the specific application submittal criteria. The following list can function as a checklist for your submittal. Please see Section 4-203 of the LUDC for details on submittal requirements. 5 General Application Materials including the Application Form (signed), payment of Fees and signed Payment Agreement Form (see attached). o A narrative describing the request and related information. o Proof of ownership. o A recorded Statement of Authority is required for any property owned by an LLC or other entity. o A Letter of Authorization is required if an owner intends to have a representative complete the Application and processing. o Names and mailing addresses of property owners within 200 ft. of the subject property from Assessor’s Office Records. o Mineral rights ownership for the subject property including mailing address and/or statement on mineral rights research (see attached). o Copy of the Preapplication Summary needs to be submitted with the Application. Vicinity Map. Site Plan. The Application should demonstrate compliance with Article 7 Standards, as applicable. The Application should include a waiver from submittal requirements requests in accordance with Section 4-202, specifically addressing the review criteria for each waiver request. The Application should include any waiver requests from Article 7 Standards that the applicant wishes to pursue, in accordance with Section 4-118. Three hard copies and one digital copy (on a USB drive, for example) of the application are required. Both versions should be split into individual sections. Community Development Staff is available to meet with the Applicant to provide additional information and clarification on any of the submittal requirements and waiver requests. 6 V. REVIEW PROCESS Call-Up for review by the Board in accordance with the procedures and review process contained in Section 4-112. Staff will review the application for completeness, and when complete, refer it to appropriate agencies for technical review. Staff will create a report to be submitted to the Director for their decision. Public Hearing(s): X No Public Hearing, Directors Decision (with notice per code) Planning Commission 7 Board of County Commissioners Board of Adjustment Referral Agencies: May include but is not limited to: Garfield County Surveyor, Garfield County Attorney, Garfield County Building Department, Garfield Road and Bridge, Garfield County Consulting Engineer, Homeowners Association, Fire District . VI. APPLICATION REVIEW FEES Planning Review Fees: $250 Referral Agency Fees: $na Total Deposit: $250(additional hours are billed at hourly rate of $40.50) VII. GENERAL APPLICATION PROCESSING The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. The summary is valid for a six-month period, after which an update should be requested. The Applicant is advised that once the Application submittal is accepted by the County, it becomes public information and will be available for review by the public. Proprietary information can be redacted from documents prior to submittal. Pre-application Summary Prepared by: 7/25/2025 Philip Berry, Principal Planner Date 8 9 10 G W EM Parcel No. 217527100128 Sperry Family Trust Reception No. 927229 9.92 Acres ± 432,310.95 Square Feet ± NW1/4NW1/4Section 26 LOT 1Section 27 Parcel No. 217527100129BERCHER, ROBERT J III & KARI L Parcel No. 217526200035SAVAGE, JOAN L TRUST Pa r c e l N o . 2 1 7 5 2 7 1 0 0 9 6 5 BU R E A U O F L A N D MA N A G E M E N T SW1/4NW1/4Section 26SE1/4NE1/4Section 27SE1/4NE1/4Section 27SW1/4NE1/4Section 27 LOT 1Section 27 30' Non-Exclusive Easement for Purposes of Ingress and EgressTo and From Subject Property to County Road No. 320Reception No. 927229 NW1/4NE1/4Section 27 Variable Width PrivateAccess and Utility EasementReception No. 985144 GV W 2-Track 2-Track 2-Track 2-Track Edge of Water Elevation: 5217.0' (1/16/2025) Proposed House Proposed Deck 8" Gate Valve API# 05-045-06567 Gas Meter House 6' Wood/Wire Gate Valve 30' Electric Easement Reception No. 761667 N0 ° 5 4 ' 0 1 " W 4 2 6 . 3 7 ' S89°47'03"E 1297.92' Ba s i s o f B e a r i n g s S0 ° 5 5 ' 1 1 " E 3 1 7 . 3 1 ' S85°24'23"W 1300. 4 8 ' (S89°43'50"E 1298.65' Record) 690.83' 609.65' Se c t i o n 2 6 Se c t i o n 2 7 Project Benchmark: El. 5283.5' Found 1.25" OrangePlastic Cap LS 38182 on 5/8" Rebar Parcel No. 217526201001Lot 1,Budau Minor SubdivisionReception No. 985144SUNLIGHT VALLEY HOLDINGS LLC 7' CENTER LINE ROAD 13' CENTER LINEROAD 10' CENTER LINEROAD 2' CENTER LINEROAD S89°43'50"E 29.95'(TIE) Colo r a d o R i v e r TO COUNTY ROAD 320 (N 0 1 ° 0 4 ' 5 9 " W 3 8 8 . 2 4 R e c o r d ) As S u r v e y e d P e r R e c o r d D i m e n s i o n s o f 19 8 6 B L M D e p e n d e n t R e s u r v e y & C o n t r o l l i n g C a l l s As Surveyed per Budau Minor Subdivision Reception No. 985144 (S85°24'23"W 1299.92' R e c o r d ) As Surveyed Boundary Line Per BudauMinor Subdivision Reception No. 985144 & Controlling Calls 27 8 . 0 0 ' ( R e c o r d ) 1.15 Acres ± 50,237.37 Square Feet ± North Line of Subject Parcel perBargain & Sale DeedReception No. 927229 5220 5225 523 0 52 3 5 5235 5 2 3 5 5230 52 3 5 52 3 0 52 2 0 522 1 5240 52 4 5 52 5 0 52 5 5 52 6 0 52 2 5 52 3 0 52 3 5 52 4 0 EX WATER WELL EX SHED 100YRFLOODLIMITS 10.0 0 ' 12.00' 10.00' 7.83' 52 3 5 5237 EDGE OF WATER LINE (DATED 1/16/2025) TYPICAL & ORDINARY HIGH WATER MARK (TOHWM) PROPOSEDBUILDING FFE=5233.61 OWTS LOCATION 5220 EX ACCESS ROAD/DR I V E W A Y ELEC POLE EX GAS METER HOUSE R100.00 R500.00 10.00' SETBACK 10.00' SETBACK 25.00' SETBACK 25.00' SETBACK R500.00 EX GASGRASSHOPPERSTRUCTURE EX GAS API# 05-04-06567 EX GAS API# 05-045-07680 EX HYDROCARBON STORAGE TANK R500.0 0 Graphic Scale In Feet: 1" = 50' 0 25 50 100 I: \ 2 0 2 5 \ 2 0 2 5 - 1 0 1 - S p e r r y R e s i d e n c e \ 0 0 1 - C i v i l \ H - D w g s \ C i v i l \ P S - S h e e t S e t \ S R - S u r v e y e d S i t e P l a n . d w g P l o t t e d : 8/ 1 4 / 2 0 2 5 9 : 3 6 A M B y : Ty s o n S i l l e r y Re v i s i o n # Dwg No. Job No. Drawn by: Print Date: File: PE:QC: 2025-101.001 TBS 6/3/2025 DK SR-SurveyedSitePlan DK 11 8 W e s t S i x t h S t r e e t , S u i t e 2 0 0 Gl e n w o o d S p r i n g s , C O 8 1 6 0 1 97 0 . 9 4 5 . 1 0 0 4 ww w . s g m - i n c . c o m Da t e B y : C3 Of : Pr o j e c t M i l e s t o n e : 1 2 3 PR E L I M I N A R Y N O T F O R C O N S T R U C T I O N Re s i d e n t i a l S i t e I m p r o v e m e n t s Surveyed Site Plan Sp e r r y R e s i d e n c e Title: d 99 o Nw F E LLI GV V) z W o wz0 w <O O O m Fd q dv'. wi O Vi ( $ G o C7 ° p', t oo ao F Ll L_, v p, o r7v, O O 3 T O O iA 00 00 c y r ' O OA ` n aN0 •+ tA o o w a V PL o z c wXc F N o < °° U eo 5 CL ag me clq d" { 1Z^.1 + o ora }'' > x a C1 yyo. t i+;, • .. z C7 V o tj° `° a ': , a° i tA ` ri .. M 3V] • oL >' c7J Y+ W E co G ¢ oGbe ZZE L[., m W W • a o N 1Y. '• y y7 Kg ^ FC (' O 7 c a' a chi is 0 Z rn u m yvNi f4U o G x Ud NO § v °- U ' o V y6 30 9cn 1-1 rAL° 3 09 C O d yp ; N O N yj y3 U N nn R W Vl N N m N a L CC, L d la O l , Y y = Y e = o T 3 0 3 3 c7 a O rn C7 Ci Z E C7 o 0 0 E Q 3 3 n C] i° a. 5 •• COLORADO WELLPEWEENUMBER 323336AgoDI91NonofWahtAewu¢ea RECEIPT NUMBER 1W14709 ORIGNAL REMIT APPUCANIIgI APPROVED WELL LOCATION PERRY EMILY TROT Water Division: 5 Water DIstrob A5 Designated Read: N/A Management 31str t N/A County: GARFIELD Parcel Name: HARLEY A&CAROL MOORE EXEMPTION AUDIED AGENT Lot 2 Bmck: Fil BRUN SPERRY PM1ysiral Addl LED COUNTY' ROAD 320 RIFLE,008100 SE 114 NE 114 Section 27 TOwreblp 6.0 5 Range NO W SIAh P.M. Well to be weal On %xis filed tract of land PERMIT TO CONSTRUCT A NEW WELL 65W NCE OF III PEPMEr DOES NOT CONFER AWATER Rniff CONDIDEPONS OF APPROSAL 1) 3M16 Ever daLL be ustl M such a way as W came no matter injury to existing water rights lM1e rtwance of Nk permit does not relre that no injury wl0 re anMcurad vestrl water right n fracture another owner of a vestrl water right from seeking i r in a ewt court aim. 2) The croswttbhcf NG vrer daLL be in canptlmre MN me Water Wl Constructor Rule 2 CCR JR 2, unless approval of variance has Lwcn grand by me Same WM ofExaminers of Water W&L Construction and Punp Initi ntm Characters;in acconkinrewM Rule 18. 3) Approved WhmuFnt WMP 92'602DRI BIRAO as me only,wal a residential site of 9.92 acrep) descntedas lot 2, iNMy h Carol Mcom EmrpNm, GarftrW County. i) The use of groundwater from NG vrer is tlmrti to aMmry M1wswil pan Excited inside ane single to=ly MreLLng. The granMater daLL not Mu i far IMgatbh or deer quash. 5) The Wmgng rate of NG vrer daLL not eneM 15 GPM. 6) The rewm fbw fresh me use of Nk wal must be NugM1 an incia l wastewater monsoon system of me non evaordive ty7te Mean me water is soumN to me same street system in which me weLL G Located. Pursuant to Rule 6.2.3of the Water WALL Construction N la, me vrer cmdruttnn contractor da LL mudMt me as built wal location an wark rryarts red urrd by NLe 17.1 within 60 days of mnpl ices of me war. Te rreasuhd location must be to NO feeof the Mual Locainformatione locationinformationmost include a G6 LocationIOTM commitments)End rsuam adtatmeofWaterResarcenguidelines. NOTE: Expired permit no. 1 Kil was prevbuly named!for Nis N. NOTE: Earmllemr6catbh Number NION): 23.21]52]1.m.128 NOTE: Assessor Tax Sc Lie Number: Fill NOTE: Into;pirmrt MLLeap ne on me expiration date unless Nis vreursemswct H by Natdate. AWl Construction and Ytrld Estimate Report Real 31)mustM mudMtt l b me NAsbh of Water Resources tnvermy NewHl M1as been constructed. An vcnron of me expiration date may be aatlnbm.. Cants me DWR for a citbal informal or read to me eacnbh random form IGWSbi) available at ciancolorL.gw ix.A'Date Issued:8/ 20/2021 ii 9y owed whoEXGf Expiration Deft: 8/201=3 trial OR-Al Fv yunrbe bat this µnnX cant I03.8l an So to Pegei A EXHIBIT F. Notification List – Names and Addresses of All Owners within 200 Feet of Parcel R024329 and Mineral Holder Mineral Holders Jean Ann Moore, 7407 Frying Pan Road, Basalt, Colorado 81621, and John Sprague Moore, 20844 Stingley Gulch Road, Hotchkiss, Colorado 81419 Neighboring Property Owners Owner Account Mailing Address Joan L Savage Trust R024430 PO Box 1926, Rifle, CO 81650 George & Christine Pearson R024331 5805 County Rd 320, Rifle CO 81650 Sunlight Valley Holdings LLC R085164 251 Little Falls Dr., Wilmington, DE 19808 Robert and Kari Bercher R024330 5809 County Rd 320, Rifle, CO 81650 Bureau of Land Management R222045 2300 River Frontage Rd, Silt, CO 81652 Federal Communitization Agreement Contract No. COC63448 THIS AGREEMENT, entered into as of the date shown in Section 10 hereof by and between the parties subscribing, ratifying, or consenting hereto, such parties being hereinafter referred to as "parties hereto." W I T N E S S E T H: WHEREAS, the Act of February 25, 1920 (41 Stat. 437), as amended and supplemented, authorizes communitization or drilling agreements communitizing or pooling a Federal oil and gas lease, or any portion thereof, with other lands, whether or not owned by the United States, when separate tracts under such Federal lease cannot be independently developed and operated in conformity with an established well—spacing program for the field or area and such communitization or pooling is determined to be in the public interest; and WHEREAS, the parties hereto own working, royalty or other leasehold interests, or operating rights under the oil and gas leases and lands subject to this agreement which cannot be independently developed and operated in conformity with the well— spacing program established for the field or area in which said lands are located; and WHEREAS, the parties hereto desire to communitize and pool their respective mineral interests in lands subject to this agreement for the purpose of developing and producing communitized substances in accordance with the terms and conditions of this agreement: NOW, THEREFORE, in consideration of the premises and the mutual advantages to the parties hereto, it is mutually covenanted and agreed by and between the parties hereto as follows: 1. The lands covered by this agreement (hereinafter referred to as "communitized area") are described as follows: NE/4 Sec. 27, T68, R94W, 6th P.M. containing 160.00 acres, more or less, and this agreement shall include only the Wasatch Formation(s) underlying said lands and the natural gas and associated liquid hydrocarbons hereinafter referred to as "communitized substances," producible from such formation(s). 2. Attached hereto, and made a part of this agreement for all purposes, is Exhibit B, designating the operator of the communitized area and showing the acreage, percentage and ownership of oil and gas interests in all lands within the communitized area, and the authorization, if any, for communitizing or pooling any patented or fee lands within the communitized area. All matters of operation shall be governed by the operator under and pursuant to the terms and provisions of this agreement. A successor operator may be designated by the owners of the working interest in the communitized area, and four executed copies of a designation of successor operator shall be filed with the Authorized Officer. Operator shall furnish the Secretary of the Interior, or his authorized representative, with a log and history of any well drilled on the communitized area, monthly the royalty due the United States, as specified in the applicable oil and gas regulations. The communitized area shall be developed and operated as an entirety, with the understanding and agreement between the parties hereto that all communitized substances produced therefrom shall be allocated among the leaseholds comprising said area in the proportion that the acreage interest of each leasehold bears to the entire acreage interest committed to this agreement. All proceeds, 8/8ths, attributed to unleased Federal, State or fee land included within the CA area are to be placed in an interest earning escrow or trust account by the designated operator until the land is leased or ownership is established. The royalties payable on communitized substances allocated to the individual leases comprising the communitized area and the rentals provided for in said leases shall be determined and paid on the basis prescribed in each of the individual leases. Payments of rentals under the terms of leases subject to this agreement shall not be affected by this agreement except as provided for under the terms and provisions of said leases or as may herein be otherwise provided. Except as herein modified and changed, the oil and gas leases subject to this agreement shall remain in full force and effect as originally made and issued. It is agreed that for any Federal lease bearing a sliding— or step—scale rate of royalty, such rate shall be determined separately as to production from each communitization agreement to which such lease may be committed, and separately as to any noncommunitized lease production, provided, however, as to leases where the rate of royalty for gas is based on total lease production per day, such rate shall be determined by the sum of all communitized production allocated to such a lease plus any noncommunitized lease production. 10. There shall be no obligation on the lessees to offset any well or wells completed in the same formation as covered by this agreement on separate component tracts into which the communitized area is now or may hereafter be divided, nor shall any lessee be required to measure separately communitized substances by reason of the diverse ownership thereof, but the lessees hereto shall not be released from their obligation to protect said communitized area from drainage of communitized substances by a well or wells which may be drilled offsetting said area. The commencement, completion, continued operation or production of a well or wells for communitized substances on the communitized area shall be construed and considered as the commencement, completion, continued operation, or production on each and all of the lands within and comprising said communitized area, and operations or production pursuant to this agreement shall be deemed to be operations or production as to each lease committed hereto. Production of communitized substances and dispoSal thereof shall be in conformity with allocation, allotments, and quotas made or fixed by any duly authorized person or regulatory body under applicable Federal or State statutes. This agreement shall be subject to all applicable Federal and State laws or executive orders, rules and regulations, and no party hereto shall suffer a forfeiture or be liable in damages for failure to comply with any of the provisions of this agreement if such compliance is prevented by, or if such failure results from, compliance with any such laws, orders, rules or regulations. The date of this agreement is August 1 , 1988 , and (Month) (Day) (Year) it shall become effective as of this date or from the onset of production of communitized substances, whichever is earlier upon execution by the necessary parties, notwithstanding the date of execution, and upon approval by the Secretary of the Interior or by his duly authorized representative, and shall remain in force and effect for a period of 2 years and for as long as communitized substances are, or can be, produced from the communitized area in paying quantities: Provided, that prior to production in paying quantities from the communitized area and upon fulfillment of all requirements of the Secretary of the Interior, or his duly authorized representative, with respect to any dry hole or abandoned well, this agreement may be terminated at any time by mutual agreement of the parties hereto. This agreement shall not terminate upon cessation of production if, within 60 days thereafter, reworking or drilling operations on the communitized area are commenced and are thereafter conducted with_reasonable diligence during the period of nonproduction. The 2-year term of this agreement will not in itself serve to extend ll. 12. 13. 14. 15. the term of any Federal lease which would otherwise expire during said period. ' The covenants herein shall be construed to be covenants running with the land with respect to the communitized interests of the parties hereto and their successors in interests until this agreement terminates and any grant, transfer, or conveyance of any such land or interest subject hereto, whether voluntary or not, shall be and hereby is conditioned upon the assumption of all obligations hereunder by the grantee, transferee, or other successor in interest, and as to Federal land shall be subject to approval by the Secretary of the Interior, or his duly authorized representative. It is agreed between the parties hereto that the Secretary of the Interior, or his duly authorized representative, shall have the right shall have the right of supervision over all fee and State mineral operations within the communitized area to the extent necessary to monitor production and measurement, and assure that no avoidable loss of hydrocarbons occurs in which the United States has an interest pursuant to applicable oil and gas regulations of the Department of the Interior relating to such production and measurement. This agreement shall be binding upon the parties hereto and shall extend to and be binding upon their respective heirs, executors, administrators, successors, and assigns. This agreement may be executed in any number of counterparts, no one of which needs to be executed by all parties, or may be ratified or consented to by separate instrument, in writing, specifically referring hereto, and: shall be binding upon all parties who have executed such a counterpart, ratification or consent hereto with the same force and effect as if all parties had signed the same document. Nondiscrimination: In connection with the performance of work under this agreement, the operator agrees to comply with all of the provisions of Section 202(1) to (7) inclusive, of Executive Order 11246 (30 F.R. 12319), as amended, which are hereby incorporated by reference in this agreement. moore Ll-qr eomm. Agmt. 5/4Sec. 27—T6S—R94W IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written and have set opposite their respective names the date of execution. LESSEES OF RECORD, USA LEASE CDC 2799 WITNESSES: — OWNERS: Barrett Resour - Corpgration ’\/' I‘TE: /2,/& 99 MYCS’;2dustr1 /€§? BY' tag: ,4/3% 2-) Frank Yates,q/z/Attorney—in—Fact DATE' /2— L- ’ ABO P tr le Cijg§§§:%én/// ‘BY: Ek4s%9 W A. Yatesfllr. , igomey-in-Fact DATE: Iz—u—Vfi Yates rill” g Company BY : f ‘/ {’7’ ”IV DAT U—Q? Yates B trolzanorporation 4/BY: /zv#'2:7 . (447’— :11" xYa s , Attorney— in—Fact s. -L; -- w _ DATE: BY: DATE: ACKNOWLEDGEMENT STATE OF Colorado ) ) SS COUNTY OF M) The foregoing instrument was acknowledged before me this / 774’ day of _g§o%em gr: 1999 by Joseph P . Barrett , adttornewin—Facmf Barrett Rescources Corporation on behalf of said corporation. Witness my hand and seal. a ” ~ 2 < My Commission Expires m %-- [0164/ Notary Public ’4/ I{/0259 plan}; Residing at [QM/er, (”e/ow STATE or NEW MEXICO ) ) ss COUNTY or EDDY ) . . _ , DecemberThe foregomg mstrument was acknowledged before me this 6th day of _;bfomembex_, 1999 by Frank Yates , Jr. , asAttOffieY“in‘FaC5f Myco Industries Inc. on behalf of said corporation. Witness my hand and seal. My Commission Expires Nilt/i’kAT-‘x “/71 . '/2C1’7’9’*’5/ Notary Public 1/25/03 Residing at STATE OF M) ) SSCOUNTY or EDDY 1 DecemberThe foregoing instrument was acknowledged before me this 6th day of __biombxx~, 1999 by John A. Yates , Jr ., asAttomey~m-Facor ABO Petroleum Corporation on behalf of said corporation. Witness my hand and seal. ' ‘ ' {A} ‘ /\ r “7", 3My Commlssron Expires 17: «m vi , Notary Public __l__/ 25 g O3 Residing at STATE OF NEW MEXICO ) ) SS COUNTY OF EDDY DecemberThe foregoing instrument was acknowledged before me this 6th day of _ ___, 1999 by Peyton Yates , as Attomey—ln—FaQtf Yates Petroleum Corporation on behalf of said corporation. Witness my hand and seal. My Commission Expires Ji/rxa Lfl”) . Qtywe/ Notary Public1/ 25 / 03 Residing at STATE OF NEW MEXICO ) ) SS COUNTY OF EDDY ) December The foregoing instrument was acknowledged before me this 6th day of __W_, 1999 by Peyton Yates , , as AttorneV'ln-FafitYates Drilling Company on behalfof said Company. Witness my hand and seal. ‘V ,'/-) £T____/My Commission Expires o—Qlum (L Lffl . lvo’l’l‘v Notary Public 1/25/03 - Residing at “Mg/7W1] IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written and have set opposite their respective names the date of execution. x1 Royalty lnterest Owners // j] "M/////7§4 >< '///M4:, Cherrylzarter Bianchi Rufus Lee Carter William F. Clough Philip M. Holstein, Jr. Ruby L. Hutchings George W. Pearson Chris Pearson Helen Farris Joan L. Savage Norman H. Mead Mary Jane Mead George G. Brun Elaine I. Brun Harley A. Moore Carol Moore Loren Mead Roger Mead Working Interest Owners Bo ville Fuels Corporatic. I.E.F.Erste Beteiligungsge- sellschaftInternationaler, Energie Fonds, GmbH, Co. Greg Twombly, President By: Fina Oil and Chemical Company American Cometra, Inc. By: By: Corexcal, Inc. Oil Participations, Inc. By: By: EXHIBIT “A-l” August 1, 1988 to January 31,1993 Plat of Communitized Area covering the NIB/4 of Section 27, Township 6 South, Range 94 West, 6th P.M. Garfield County, Colorado TRACT B TRACI‘ A34.8528 acres 55.3568 acres 1.15.1}. _50-00% _ Bonneville Fuels Corp. 99.39684% Fina 011 and Chemical Oil Participation, Inc. .603 l 6% Co. 25.00% American Cometra, lnc. Corexcal, Inc. 18.33333% 6.66667% TRACT D 42.7904 acres Bonneville Fuels Corp. 99.39684% Oil Participations, Inc. .60316%TRACT C 27.0000 acres Bonneville Fuels Corp. 99.39684% Oil Participations, Inc. .603 16% 27 TRACT DESIGNATION A B C D TOTAL RECAPITULATION OF EXHIBIT “A-l” August 1, 1988 to January 31, 1993 Communitized Area covering the NE/4 of Section 27, Township 6 South, Range 94 West, 6th P.M. Garfield County, Colorado NUMBER OF ACRES w 55.3568 34.8528 27.0000 am 160.0000 PERCENTAGE OF INTEREST IN COMMUNITIZED AREA 34.5980% 21.7830% 16.8750% 26.7440% 100.0000% EXHIBIT “A-2” January 31, 1993 to Present Plat of Communitized Area covering the NE/4 of Section 27, Township 6 South, Range 94 West, 6th P.M. Garfield County, Colorado TRACT B TRACT A46.0799 acres 55,3568 acres I-E-F- 50-00% Bonneville Fuels Corp. 99.39684% Fina 0“ and Chemical on Participations, Inc. .603 16%Co. 25.00% American Cometra, Inc. [8.323333% Corexcal, Inc. 6.66667% TRACT D 42.7904 acres Bonneville Fuels Corp. 99.39684% Oil Participations, Inc. .60316%TRACT C 15.7729 acres Bonneville Fuels Corp. 99.39684% Oil Participations, Inc. .603 16% 27 RECAPITULATION OF EXHIBIT “A-2” January 31, 1993 to Present Communitized Area covering the NE/4 of Section 27, Township 6 South, Range 94 West, 6th PM. Garfield County, Colorado TRACT NUMBER OF ACRES PERCENTAGE OF INTEREST DESIGNATION COMMITTED IN COMMUNITIZED AREA A 55.3568 34.5980% B 46.0799 28.7999% C 15.7729 9.8581% D M 26.7440% \TOTAL 160.0000 100.0000% "k m ? ! ” Page 8 of Exhibit “B” Communitized Area covering NE/4 Sec. 27 of T68, R94W Name and Percent of WI Owners: Bonneville Fuels Corporation 99.39684% Oil Participations, Inc.* .60316% * Interest was acquired by Osgood Stevens Lovekin Trust and Stephen M. Peck TRACT D LEASE NO. 1 Lease Date: 6/5/53 Lease Term: 10 years (HBP) Original Lessor: Emma B. Mead Present Lessor: See RI Owners below Original Lessee: Joe T. Juhan Present Lessee: Bonneville Fuels Corporation Oil Participations, Inc. Recording Data: Book 283, Page 302 Description of Lands committed to CA: Township 6 South. Range 94 West. 6th P.M. Section 27: SE/4NE/4 Pooling Clause: Yes Royalty Rate: 12.50% Name and Percent of RI Owners: Loren Mead 25.00000% Roger Mead 25.00000% Norman H. Mead and Mary Jane Mead 25.00000% George G. Brun and Elaine I. Brun 11.23275% Harley A. Moore and Carol Moore 7.77650% Philip M. Holstein, Jr. 5.70275% George W. Pearson and Chris Pearson .l7275% Ruby L. Hutchings .1 1525% Page 10 of Exhibit “B” Communitized Area covering NE/4 Sec. 27 of T68, R94W Name and Percent of WI Owners: Bonneville Fuels Corporation 99.39684% Oil Participations, Inc.* .60316% * Interest was acquired by Osgood Stevens Lovekin Trust and Stephen M. Peck LEASE NO. 2 Lease Date: 6/5/53 Lease Term: 10 years (HBP) Original Lessor: Norman H. Mead and Mary Jane Mead Present Lessor: See RI Owners below Original Lessee: Joe T. Juhan Present Lessee: Bonneville Fuels Corporation Oil Participations, Inc. Recording Data: Book 283, Page 300 Description of Lands committed to CA: Township 6 South, Range 94 West, 6th P.M. Section 27: SE/4NE/4 Pooling Clause: Yes Royalty Rate: 12.50% Name and Percent of R 1 Owners: Loren Mead 25.00000% Roger Mead 25.00000% Norman H. Mead and Mary Jane Mead 25.00000% George G. Brun and Elaine I. Brun 11.23275% Harley A. Moore and Carol Moore 7.77650% Philip M. Holstein, Jr. 5.70275% George W. Pearson and Chris Pearson .17275% Ruby L. Hutchings .11525% Name and Percent ofORRl Owners: Sam Silverberg (1/2) 3/55 of 1/4 of 1% Peggy Brody (1/2) (1/3) (1/22 of 1/4 of1%) Patty Figel (1/2) {1/3) (1/22 of 1/4 of 1%) Mitzi Costin (1/2) (1/3) (1/22 of1/4 of 1%) RI1C: erne lle 2 , yours, 67 ON Bonneville Fuels Corporation Page 67 August 22, 1989 Corporation and recorded in the Garfield County records to ensure that there is no question in the future that the Leases are held by production from such well in the event that other proéuction on the Leases should cease° Subject to the comments, qualifications ané requirements of the prior Opinions, as supplemented above, and subject to execution of proper division orders, it is our opinion that title is acceptable for purposes of distribution of the proceeds of profiuction in accordance with the fiivision of production section of this Opinion. Very truly yours, esfiisok, ODELL & P gases if} ’f/ ,, ~ f/f ,‘ f f f” " ' WK R RMC:cmc Property Owners Within 200’ of 5811 CR 320, Rifle, CO 80301 Parcel ID Owner Mailing Address 217527100965 Bureau of Land Management 2300 River Frontage Road, Silt, CO 81635 217527100129 Bercher, Robert J. III & Kari L. 5809 CR 320, Rifle, CO 81650 217526200130 Pearson, George W. & Christine 5805 CR 320, Rifle, CO 81650 217526201001 Sunlight Valley Holdings LLC 251 Little Falls Dr, Wilmington, DE 19808 21752620035 Savage, Joan L. Trust PO Box 1926, Rifle, CO 81650