BEFORE THE OIL AND GAS CONSERVATION COMMISSION

OF THE STATE OF COLORADO

IN THE MATTER OF THE RULES AND REGULATIONS ) CAUSE NO. 1

OF THE COLORADO OIL AND GAS CONSERVATION )

COMMISSION, WELD COUNTY, COLORADO ) ORDER NO. 1‑43

(Formerly 1-156)

REPORT OF THE COMMISSION

This cause came on for hearing before the Commission on September 20, 1993 and on October 18, 1993 at 8:30 a.m. in Room 318, State Centennial Building, 1313 Sherman Street, Denver, Colorado, after giving Notice of Hearing as required by law, on the application of Park Lake Homeowners Association, Inc., for an order to establish certain lands in the Park Lake subdivision consisting of the W1/2 NW1/4, N1/2 SW1/4, and SW1/4 SW1/4 of Section 29, Township 1 North, Range 69 West, 6th P.M., Boulder County, as a high density area.

FINDINGS

The Commission finds as follows:

1. Park Lake Homeowners Association, Inc., as applicant herein is an interested party in the subject matter of the above‑referenced hearing.

2. Due notice of the time, place and purpose of the hearing has been given in all respects as required by law.

3. The Commission has jurisdiction over the subject matter embraced in said notice and of the parties interested therein, and jurisdiction to promulgate the hereinafter prescribed order.

4. Effective May 20, 1992, the Commission adopted Rule 127. into the Rules and Regulations of the Oil and Gas Conservation Commission which allows tracts of land to be designated as high density areas upon application, notice and hearing before the Commission.

5. That notice was not given prior to the September hearing to the mineral and leasehold interest owners as interested parties, required in Rule 119 of the Rules and Regulations of the Oil and Gas Conservation Commission.

6. That evidence presented at the September hearing indicates that there are 87 lots in the subdivision plus 3 contiguous lots not within the legal boundaries of the subdivision. The average acreage of the parcels is approximately 1.65 acres, each with well and septic systems.

7. That additional rules should be adopted to protect the health, safety, and welfare of the citizens in Park Lake subdivision.

8. That contingent upon giving notice to the interested parties and holding a hearing at the October hearing should any protests be filed, an order of the Commission should be entered designating the lands in the Park Lake subdivision consisting of the W1/2 NW1/4, N1/2 SW1/4, and SW1/4 SW1/4 of Section 29, Township 1 North, Range 69 West, 6th P.M., Boulder County, as a high density area.

9. That no protests were filed after additional notice was given for the October hearing and the Commission should enter the order described in Finding 8.

O R D E R

NOW, THEREFORE, IT IS ORDERED, that the W1/2 NW1/4, N1/2 SW1/4, and SW1/4 SW1/4 of Section 29, Township 1 North, Range 69 West, 6th P.M., Boulder County, is hereby designated as a high density area.

IT IS FURTHER ORDERED, that, 1. Any well drilled in the above-described area shall comply with the following rules:

A. Surface locations of wellheads shall be located not less than 350 feet from any dwelling or facility as defined above.

B. Production tanks and/or associated on-site production equipment shall be located not less than 350 feet from any dwelling or facility as defined above.

C. All pumps, pits, wellheads and production facilities shall be adequately fenced to prevent access by unauthorized persons.

D. Each Survey plat accompanying an Application for Permit-to-Drill shall, in addition to the requirements of Rule 303, include the following information:

1. All visible improvements within 350 feet of a well location must be physically tied in and plotted on the survey plat with a horizontal distance to the well location. Visible improvements include all dwellings and facilities as described above, public roads, major above-ground utility lines, railroads, pipelines, mines, oil or gas wells, injection wells, water wells, bodies of water, and natural channels through which water may flow. Surface uses must be described, and all surface property boundaries defined.

2. An 8.5" x 11" copy of the most current 1:24,000 scale topographic map of the area.

3. A lease map showing all individual leases in the drilling unit, identifying the lessee, lessor, and surface ownership.

E. Any equipment used in the drilling, completion or production of a well shall comply with C.R.S. 25-12-103, Maximum Permissible Noise Levels.

F. All operations associated with the drilling, completion or production of a well shall comply with C.R.S. 25-7-101, Colorado Air Quality Control Act, as it applied to fugitive dust and venting or flaring of natural gas.

G. If applicable, and where possible, development or multiple reservoirs by drilling on existing pads or by multiple completions or commingling in existing wellbores is required.

H. All other setbacks or safety requirements set out in the Colorado Oil and Gas Conservation Commission Rules and Regulations shall apply.

2(a). Exceptions to the location requirements set out in 1(A) and 1(B) may be granted by the Director if a copy of waivers from each owner of a dwelling or facility within 350 feet of the proposed location is submitted as part of the Application for Permit-to-Drill, and the proposed location complies with other safety requirements of the Rules and Regulations. An election by the owner to build a house less than 350 feet from an existing well, constitutes an election to waive the 350 foot setback rule.

2(b). This rule supersedes the existing Colorado Oil and Gas Conservation Commission Rule 603.

IT IS FURTHER ORDERED, that the provisions in the above order shall become effective forthwith.

Entered this day of , 1993, as of October 18, 1993.

OIL AND GAS CONSERVATION COMMISSION

OF THE STATE OF COLORADO

Patricia C. Beaver, Secretary

Dated at Suite 380

1580 Logan Street

Denver, Colorado 80203

October 20, 1993