HomeMy WebLinkAbout 13-08 Synergy Union Special Use PermitsRESOLUTION NO, 13-�
A RESOLUTION APPROVING SPECIAL USE PERMITS FOR SYNERGY RESOURCES
CORPORATION TO LOCATE TEN OIL AND GAS WELLS WITHIN THE TOWN OF
FIRESTONE
WHEREAS, Synergy Resources Corporation (hereinafter "Synergy" or "Applicant") has
submitted to the Board of Trustees of the Town of Firestone applications for special use permits to
locate within the Town ten oil and gas wells referred to as the proposed SRC Union 5FD, SRC
Union 11HZC, SRC Union 11HZN, SRC Union 5JD, SRC Union 12HZN, SRC Union
5AHZC, SRC Union 5AHZN, SRC Union 12HZC, SRC Union 11-51), and SRC Union 12-51)
Wells; and
WHEREAS, Synergy has submitted the applications and supporking materials pursuant to
Chapter 15.48 of the Firestone Municipal Code; and
WHEREAS, all materials related to the proposed special use permits have been reviewed by
Town Staff and found with conditions to be in compliance with Town of Firestone subdivision,
zoning, and oil & gas ordinances, Development Regulations, and related Town ordinances,
regulations, and policies; and
WHEREAS, pursuant to Chapter 17.32 of the Firestone Municipal Code, the Firestone
Planning and Zoning Commission held a properly noticed public hearing on the proposed special
use permits and adopted its Resolution forwarding to the Board of Trustees a recommendation of
approval with conditions; and
WHEREAS, the Board of Trustees has duly considered the proposed special use permits
and has held a properly noticed public hearing on the application, at which hearing the applicant
and other interested persons presented testimony to the Board and at which a number of
documents were made a part of the record; and
WHEREAS, the Board of Trustees finds that the proposed special use permits for the oil
and gas wells should be approved subject to certain conons.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. The Board of Trustees hereby approves the special use permit request of
Synergy Resources Corporation Inc. for location of the SRC Union SFD, SRC Union 11HZC,
SRC Union 11HZN, SRC Union 5JD, SRC Union 12HZN, SRC Union 5AHZC, SRC Union
5AHZN, SRC Union 12HZC, SRC Union 11-51), and SRC Union 12-51) Wells within the Town
of Firestone, in the locations more particularly described in Exhibit A attached hereto, subject to the
following conditions:
The production facilities, as developed or modified, shall be of a low profile style, with a
maximum height not to exceed twelve (12) feet.
2. The Town's special use approval shall expire on the date of expiration of the Oil and Gas
Conservation Commission Permit to drill the well or one year from the date of Town
approval, whichever is later, if operations for the well are not commenced by such date. In
the event special use approval expires, the Applicant shall apply for a new special use
permit pursuant to Chapter 15.48 of the Firestone Town Code,
3. Oil and gas operations shall be conducted in compliance with all federal, state, and local
laws, rules and regulations, including but not limited to the Colorado Oil and Gas
Conservation Commission permit for such well and the final special use permit application
materials approved by the Town Board, which materials will be incorporated therein by
reference. Applicant shall provide to the Town copies of all state approved permits,
waivers, variances and subsequent notices filed with the state and affecting the well.
4. Prior to entering the site, Applicant shall obtain from the Town necessary building permits
and notices to proceed.
5. Prior• to commencement of any work within the Town the applicant, including contractors
and subcontractors, shall obtain necessary Contractor's Licenses from the Town.
6. Prior to moving the drilling r•ig onto the well site, Applicant shall obtain from the Town and
Weld County necessary permits to move the drilling rig equipment within the Town and
County, specifically an Overweight Permit from the Town is required for moving the
drilling rig.
Applicant shall provide to the Town copies of any executed surface damage agreements or
memoranda thereof respecting operation of the well.
8. In the exercise of its rights pursuant to this special use approval, Applicant shall avoid any
damage or interference with any Town installations, structures, utilities, or improvements.
Applicant shall be responsible for all damages to such interests of the Town that are caused
by the Applicant.
9. Applicant at its sole expense shall control fugitive dust at the well site and on access roads
on an as -needed basis. Methods and chemicals used for dust control shall comply with
Town ordinances and regulations.
10. The oil/gas well facilities shall utilize setbacks as specified in the Colorado Oil and Gas
Conservation Commission Rules and Regulations or the Firestone Town Code, whichever
is more restrictive. The well site and tank battery and separator areas shall be secured and
screened by chain link fencing with "solid" tan aluminum or vinyl lathing using the Town's
standard fence and screening detail.
11. Water sources for drilling activities shall be from the Town of Firestone, if a water tap is
utilized.
12. Machinery at the site shall be well-oiled and well -maintained to mitigate noise.
13. To the extent reasonably possible, orient the drill rig and associated motors and exhaust
systems such that they point away from existing residences in the vicinity.
14. Drill rigs shall, to the extent reasonably possible, be equipped with higher quality noise
reducing mufflers.
15. During drilling, use a tarp around drilling floor and drawworks to muffle sound.
16. Deliveries and construction traffic to and from the site shall, whenever possible, be
scheduled during daylight hours.
17. To the extent reasonably possible, keep the door to the drill rig engine closed.
18. The use of pump jacks shall be limited to those running on electric motors.
19. The drilling rig used for drilling operations shall be Model CAZA-54 or equivalent type of
drill rig.
20. Apply to the City of Longmont for an Access Permit and provide a copy of the permit to
the Town of Firestone. Revise plan to include and show details for the alternative access to
WCR 3.5, if that access will be utilized. The details shall be subject to Fire Department
and Town Engineer approval.
21. Move the separators 30 feet to the east so there is the required 150 feet setback from the
east edge of WCR 3 right-of-way.
22. Submit the approved COGCC well permits and associated well plan location plats to the
Town.
23. Provide a copy of the Surface Use Agreement (SUA) between Synergy and the property
owner Union North, LLC to the Town.
INTRODUCED, READ, and ADOPTED this 27`h day of February, 2013.
ATTEST:
Ta-qm� To
Rebecca Toberman, Town Clerk
TOWN Or FIRESTONE, COLORADO
ESTpN�
"70WN '!
OOp Chad Auer, Mayor
4
EXHIBIT A: Location of Wells
(Synergy SRC Union Wells SrD,11HZC,IIHZN, SJD,I2HZN, SAHZC, 5AHZN,I2HZC,
IMD, AND 12-5D)
LEGAL DESCRIPTION:
A TRACT OF LAND SITUATED IN SECTION 51 TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH
PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTH ONE -QUARTER CORNER OF SECTION 5 WHENCE THE NORTHEAST
CORNER OF SECTION 5 BEARS NORTH 89031'00" EAST 2696.54 FEET, SAID LINE FORMING THE
BASIS OF BEARING FOR THIS DESCRIPTION; THENCE ALONG THE NORTH LINE OF THE
NORTHEAST ONE -QUARTER OF SECTION 5 NORTH 89631'00" EAST 2404.82 FEET TO A POINT ON
THE NORTHERLY RIGHT OF WAY LINE OF THE GREAT WESTERN RAILWAY; THENCE ALONG
SAID RIGHT OF WAY LINE THE FOLLOWING SIX COURSES;
1) THENCE ALONG THE ARC OF A CURVE TO THE RIGHT (SAID CURVE HAVING A RADIUS OF
1398.11 FEET, A CENTRAL ANGLE OF 4104651", CHORD OF SAID ARC BEARS SOUTH 50*42,31"
WEST 997.08 FEET) A DISTANCE OF 1019,52 FEET;
2) THENCE SOUTH 71°35'57" WEST 1736,54 FEET TO A POINT ON THE EAST LINE OF THE
NORTHWEST ONE -QUARTER OF SECTION 5;
3) THENCE SOUTH 71 °34'28" WEST 546.55 FEET;
4) THENCE ALONG THE ARC OF A CURVE TO THE LEFT (SAID CURVE HAVING A RADIUS OF
2904.00 FEET, A CENTRAL ANGLE OF 08°20'09", CHORD OF SAID ARC BEARS SOUTH 67024'52"
WEST 422,13 FEET) A DISTANCE OF 422.50 FEET;
5) THENCE SOUTH 63014'52" WEST 1843.45 FEET;
6) THENCE ALONG THE ARC OF A CURVE TO THE RIGHT (SAID CURVE HAVING A RADIUS OF
1310.00 FEET, A CENTRAL ANGLE OF 05019320", CHORD OF SAID ARC BEARS SOUTH 65°54132"
WEST 121,64 FEET) A DISTANCE OF 121,69 FEET TO A POINT ON THE WEST LINE OF THE
NORTHWEST ONE -QUARTER OF SECTION 5; THENCE ALONG SAID WEST LINE NORTH 01 004'47"
EAST 831.73 FEET; THENCE NORTH 68057'51" EAST 1252.56 FEET; THENCE NORTH 27°20'44"
EAST 1224.16 FEET TO A POINT ON THE NORTH LINE OF THE NORTHWEST ONE -QUARTER OF
SECTION 5; THENCE ALONG SAID NORTH LINE NORTH 89°41'22" EAST 295.05 FEET; THENCE
SOUTH 16004'00" WEST 145.38 FEET; THENCE SOUTH 06°35'40" EAST 42.71 FEET; THENCE
SOUTH 38040'00" EAST 57.32 FEET; THENCE SOUTH 63°35'24" EAST 111.77 FEET; THENCE
SOUTH 88641'43" EAST 134.80 FEET; THENCE NORTH 79'06'16" EAST 173.06 FEET; THENCE
NORTH 71027'35" EAST 93.45 FEET; THENCE NORTH 52°23'30" EAST 180.19 FEET TO A POINT ON
THE EAST LINE OF THE NORTHWEST ONE -QUARTER OF SECTION 5; THENCE ALONG SAID
EAST LINE NORTH 00°43'36" EAST 110.75 FEET TO THE NORTH ONE -QUARTER CORNER OF
SECTION 5 AND THE POINT OF BEGINNING.
THE ABOVE DESCRIBED TRACT OF LAND CONTAINS 99.433 ACRES MORE OR LESS.
FREDERICK-FIRESTONE
FIRE PROTECTION DISTRICT
February 11, 2013
Baseline Engineering
700 12th Street, Suite 200
Golden, Colorado 80401
303.94049966
Attention: Ethan Watel
Deat• Mr. Watel,
Fire Prevention Division
Office: (303) 833-2742
Fax: (303) 833-3736
E-Mail: dpuccetti@fffd.us
I have reviewed the Fire and Emergency Responses Plans for the Church and Union Wells
located in the Frederick -Firestone Fire Protection District. The submitted Fire and Emergency
Response Plans meet the requirements set fourth by the Fire District and the IFC 2006 Fire
Codes.
Should you require additional commerits or assistance please feel free to contact me at 303-833-
2142, Ext.10.
David P. Puccetti
Division Chief
Frederick -Firestone Fire Protection District
dpuccetti@fffd.us
c/c File, dpp
31 Walnut Dr, P. O. Box 129, Frederick, CO 80530; �nn¢fffd.us
DEPARTMENT OF • • DEVELOPMENT
DevelopmentCo 80501
1 1 1
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February 15, 2013
Bruce Nickerson
Town of Firestone
151 Grant Ave PO Box 100
Firestone, CO 80520
RE: Town of Firestone referrals for special use permits for SRC Union Wells and Church Wells
Dear Bruce,
Thank you for sending the referrals concerning the special use permit applications for oil and gas
wells at two separate locations in the Town of Firestone. The applicant, Synergy Resources
Corporation (SRC), proposes to drill six horizontal oil and gas wells and four directional oil and
gas wells for a total of 10 wells at the Union site. SRC is also proposing to drill 13 directional oil
and gas wells at the Church site. These sites are north of SH 119, west of CR 3.5 and southeast
of Union Reservoir; both sites are within the Union — St. Wain Planning Area, the area of shared
interest as specified in the Coordinated Planning Agreement Between the Town of Firestone and
the City of Longmont (June 14, 2011). The City of Longmont has several comments related to
the special use permit applications submitted by Synergy. These are primarily related to the
Union Wells site.
As you know, the boom of oil and gas production in Colorado is affecting municipalities along
the Front Range; jurisdictions are choosing different ways of dealing with the land use permitting
of these uses. The City of Longmont has recently made revisions to Iand use regulations
regarding oil and gas operations within the City. The focus of Longmont's regulations is to
mitigate the impacts of oil and gas operations on residential areas, parks, water bodies and other
sensitive areas.
This past November, Longmont's voters approved an amendment to the City's Municipal
Charter. As a result, Article 16 of our Charter prohibits the use hydraulic fracturing to extract oil,
gas, or other hydrocarbons within the City of Longmont. It also prohibits storage in open pits or
disposal of solid or liquid wastes created in connection with the hydraulic fracturing process,
including but not limited to flowback or produced wastewater and brine within the City of
Longmont. It should be noted that any bottom hole locations within the City of Longmont will be
subject to Article 16 of the City's Charter. Because of this, the City requests that Synergy defer
any drilling and fracking on the three bottom hole locations that are within the City of Longmont
municipal limits; these were submitted as part of the Union Wells application.
The application materials submitted by SRC for the Union Wells state that access to this site will
be provided from CR 26, west of CR 3.5. As mentioned in the application materials, the
applicant will need to coordinate with the City to cross City of Longmont property and will need
to obtain an access permit. Access to and from the Union well site location appears to be along
the Fairview Street alignment. Section 4.5 of the Firestone/Longmont Coordinated Planning
Agreement addresses the future of Fairview Street. In addition to the need for access over
property owned by the City of Longmont for this access route, this may be the appropriate time
for Firestone to secure right of way from both Longmont as well as the Union property owner for
the future construction of Fairview St. It's not too soon to begin a dialog about the timing of
Fairview Street's construction and the cost sharing needed to accomplish this. The City also
suggests these applications be submitted to Weld County for review and comment, specifically to
evaluate potential impacts to the traffic signal at CR 3.5 and SH 119.
As mentioned previously, water quality is one area Longmont's regulations focus on. The City
recommends implementing ground water quality testing and monitoring similar to the program to
City has outlined in our regulations. As the Town of Firestone and SRC know, any water sources
used at these sites needs to be restricted to appropriately decreed rights.
Longmont believes that our communities share common goals regarding responsible oil and gas
development, and there are opportunities to achieve mutually beneficial outcomes through
cooperative planning efforts especially at the border areas of our communities. Again, thank you
for the opportunity to comment on these referrals. Should you have any questions, please contact
me at (303) 651-8319 or brad.schol@ci.longmont co.us.
Sincerely,
zocx ✓/
Brad Schol
Planning Manager
CC: Town of Firestone referral files for special use permits for SRC Union Wells and Church
Wells
Brien Schumacher, Principal Planner
Brad Power, Director of Economic Development
Dale Radamacher, Director of Public Works and Natural Resources
Eugene Mei, City Attorney
Ethan Watel, Baseline Engineering, Planning & Surveying