BEFORE THE OIL AND GAS CONSERVATION COMMISSION
OF THE STATE OF COLORADO
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IN THE MATTER OF THE APPLICATION OF THE CITY OF LONGMONT FOR AN AMENDED ORDER
CREATING AN OUTSIDE ACTIVITY AREA DESIGNATION FOR PARTS OF THE NE¼ NE¼
OF SECTION 7, AND PART OF THE SE¼ NE¼ OF
SECTION 7, TOWNSHIP 2 NORTH, RANGE 68 WEST, 6th PM, WELD COUNTY,
COLORADO |
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CAUSE NO. 1
ORDER NO. 1-179
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REPORT OF THE COMMISSION
The Commission heard this matter on August 20, 2012, at the offices of the
Colorado Oil and Gas Conservation Commission, 1120 Lincoln Street, Suite 801,
Denver, CO 80203, upon application by the City of Longmont
for an order to amend Order No. 1-94, to
include the Sandstone Soccer Complex located in the NE¼ NE¼, and SE¼ NE¼
of Section 7, Township 2 North, Range 68 West, 6th P.M. in accordance
with Rule 603.d of the Rules of the Oil and Gas Conservation Commission and that
the boundary of this Designated Outside Activity Area be conformed to the area
currently in use.
FINDINGS
The Commission finds as follows:
1.
The City of Longmont, Colorado, a municipal corporation (“Longmont” or
“Applicant”), 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 pursuant to the Oil and Gas Conservation Act.
4.
On March 19, 2001, the Commission issued Order No. 1-94 which, among
other things, designated the NW¼ NE¼ of Section 7, Township 2 North, Range 68
West, 6th P.M., an outside activity area in accordance with Rule
603.b., and any well drilled within the designated area shall be located no less
than three hundred fifty (350) feet from the boundary of any constructed
baseball/softball fields, concession stands, parking lots and associated
facilities.
5.
On June 21, 2012, Longmont, by its attorneys, filed with the Commission
pursuant to § 34-60-116 C.R.S., an application (“Application”) which was
supported by a Verification filed on July 26, 2012, for an order to modify Order
No. 1-94, to include the Sandstone Soccer Complex, below-described lands
(“Application Lands”) as a Designated Outside Activity Area (“DOAA”), in
accordance with Rule 603.d. and 603.e. of the Rules and Regulations of the Oil
and Gas Conservation Commission:
Township 2 North, Range 68 West, 6th P.M.
Section 7:
NE¼ NE¼, SE¼ NE¼
6.
On August 7, 2012, Applicant, by its attorneys, filed with the Commission
a written request to approve the Application based on the merits of the verified
Application and the supporting exhibits. Sworn written testimony and exhibits
were submitted in support of the Application. A
Notice of Non-Objection and Consent by TOP Operating Company (“TOP”) was
submitted in support of the Application.
7.
Testimony and exhibits submitted in support of the Application by Kim
Shugar, Manager of the Natural Resources Division for Longmont, showed that
Longmont is the fee owner of the surface and has a mineral interest in the
Application Lands at the Sandstone Ranch Community Park. The testimony further showed that the
Application Lands constitute a well-defined area and have been developed to
include soccer fields, additional parking lots and associated facilities.
8.
Testimony and exhibits submitted in support of the Application by Jeff
Friesner, Recreation Manager for Longmont, showed that the Application Lands are
occupied by at least 20 or more persons on at least 40 or more days in any
12-month period, and/or by at least 500 people or more on at least 3 days in any
12-month period. The testimony
further showed that the soccer facility was occupied by over 81,000 players and
spectators, with over 500 persons using the complex on at least 44 days and over
20 persons on at least 91 days.
9.
Testimony and exhibits submitted in support of the Application by Brad
Schol Planning Manager for the City of Longmont, showed that Longmont and TOP
negotiated a contract which provides that TOP will receive surface location
areas where it will be allowed to drill, complete and operate wells, and locate
and operate surface facilities on lands owned by Longmont. Testimony concluded that those
locations will allow TOP to access to the Application Lands without disturbing
the surface of the DOAA.
10.
Testimony and exhibits submitted in support of the Application by Alex Mestas,
Engineering & Surveying Technical Supervisor for Longmont, showed that the
Application Lands include several soccer fields, a parking area for the soccer
fields, and buildings used in conjunction with the fields. Testimony and exhibits further showed
that the Application Lands are well-defined by the borders of the fields,
parking lots and other facilities.
11.
Testimony and exhibits submitted in support of the Application by Peter D.
Steger, Vice President of Survey Operations for Civil Arts, included a legal
survey describing the boundaries of the Application Lands, which are hereby
incorporated into this Order as follows:
“A TRACT OF LAND
LOCATED IN THE E½ OF THE NE¼ OF
SECTION 7, TOWNSHIP 2 NORTH, RANGE 68 WEST, 6TH P.M., COUNTY OF WELD,
STATE OF COLORADO, DESCRIBED AS FOLLOWS:
BEGINNING AT THE N1/16
CORNER BETWEEN SECTIONS 7 AND 8, TOWNSHIP 2 NORTH, RANGE 68 WEST, 6TH
P.M. FROM WHICH THE E¼ CORNER OF SAID SECTION 7 BEARS S01°33'40"E, 1326.24' FEET
(BASIS OF BEARING);
THENCE S01°33’40"E,
553.85 FEET ALONG THE EAST LINE OF THE SE¼ OF SAID NE¼ OF SECTION 7;
THENCE S 89°49'47" W,
734.53 FEET;
THENCE N 00°00’00" E,
104.10 FEET;
THENCE N 87°50’48” W,
88.21 FEET;
THENCE N 01°44’47" W,
140.07 FEET:
THENCE N 59°30'21" W,
388.71 FEET;
THENCE S 89°13’59" W,
165.85 FEET TO THE WEST LINE OF SAID E½ OF THE NE¼ OF SECTlON 7;
THENCE N 00°46'01" W,
1239.18 FEET ALONG SAID WEST LINE TO THE SOUTHERLY RIGHT-OF-WAY LINE OF COLORADO
STATE HIGHWAY 119;
THENCE N 87°19'58" E,
1298.31 FEET ALONG SAID SOUTHERLY RIGHT OF- WAY LINE TO THE EAST LINE OF THE NE¼
OF SAID NE¼ OF SECTION 7;
THENCE S 01°33'38" E,
1186.55 FEET ALONG SAID EAST LINE OF THE NE¼ OF THE NE¼ OF SECTION 7 TO THE
POINT OF BEGINNING.
AREA = 2,043,325
SQUARE FEET (46.908 ACRES), MORE OR LESS.”
12. The
above-referenced testimony and exhibits show that the Application Lands are used
for public recreation, and that public usage meets the occupancy requirements
for a DOAA as set forth in the 100 Series rules.
13.
Longmont agreed to be bound by oral order of the Commission.
14.
Based on the facts stated in the verified Application, having received no
protests, and based on the Hearing Officer’s review of the Application under
Rule 511, the Commission should enter an order to amend
Order No. 1-94, to include the Sandstone
Ranch Soccer Complex, located in the NE¼ NE¼, and SE¼ NE¼ of Section 7,
Township 2 North, Range 68 West, 6th P.M. in accordance with Rule
603.d of the Rules of the Oil and Gas Conservation Commission. The Commission should also
require any well drilled on these lands to
be located no less than 350 feet from the boundary of the outside area and
require that all surface equipment be located at least 500 feet from the DOAA,
as set forth in Rule 603.e.(3).
ORDER
NOW, THEREFORE IT IS ORDERED, that in accordance with Rule 603.d of the Oil and Gas Conservation Commission,
Order 1-94 is hereby amended to include the
Sandstone Soccer Complex, located in NE¼ NE¼, and SE¼ NE¼ of Section 7,
Township 2 North, Range 68 West, 6th P.M., and that the legal
boundary of this Designated Outside Activity Area be conformed to the area
currently in use, as follows:
“A TRACT OF LAND
LOCATED IN THE E½ OF THE NE¼ OF
SECTION 7, TOWNSHIP 2 NORTH, RANGE 68 WEST, 6TH P.M., COUNTY OF WELD,
STATE OF COLORADO, DESCRIBED AS FOLLOWS:
BEGINNING AT THE N1/16
CORNER BETWEEN SECTIONS 7 AND 8, TOWNSHIP 2 NORTH, RANGE 68 WEST, 6TH
P.M. FROM WHICH THE E¼ CORNER OF SAID SECTION 7 BEARS S01°33'40"E, 1326.24' FEET
(BASIS OF BEARING);
THENCE S01°33’40"E,
553.85 FEET ALONG THE EAST LINE OF THE SE¼ OF SAID NE¼ OF SECTION 7;
THENCE S 89°49'47" W,
734.53 FEET;
THENCE N 00°00’00" E,
104.10 FEET;
THENCE N 87°50’48” W,
88.21 FEET;
THENCE N 01°44’47" W,
140.07 FEET:
THENCE N 59°30'21" W,
388.71 FEET;
THENCE S 89°13’59" W,
165.85 FEET TO THE WEST LINE OF SAID E½ OF THE NE¼ OF SECTlON 7;
THENCE N 00°46'01" W,
1239.18 FEET ALONG SAID WEST LINE TO THE SOUTHERLY RIGHT-OF-WAY LINE OF COLORADO
STATE HIGHWAY 119;
THENCE N 87°19'58" E,
1298.31 FEET ALONG SAID SOUTHERLY RIGHT OF- WAY LINE TO THE EAST LINE OF THE NE¼
OF SAID NE¼ OF SECTION 7;
THENCE S 01°33'38" E,
1186.55 FEET ALONG SAID EAST LINE OF THE NE¼ OF THE NE¼ OF SECTION 7 TO THE
POINT OF BEGINNING.
AREA = 2,043,325
SQUARE FEET (46.908 ACRES), MORE OR LESS.”
IT IS FURTHER ORDERED, that in accordance with Rule 603.d, any well drilled to
the above-described lands shall be located no less than 350 feet from the
boundary of the Designated Outside Activity Area.
IT IS FURTHER
ORDERED,
that in accordance with Rule 603.e.(3), all
surface equipment should be located at least 500 feet from the boundary of the
Designated Outside Activity Area, unless an exception is granted by the
Director.
IT IS FURTHER ORDERED, that the provisions contained in the above order shall
become effective immediately.
IT IS FURTHER ORDERED, that the Commission expressly reserves its right, after
notice and hearing, to alter, amend or repeal any and/or all of the above
orders.
IT IS FURTHER ORDERED, that under the State Administrative Procedure Act the
Commission considers this Order to be final agency action for purposes of
judicial review within 30 days after the date this Order is mailed by the
Commission.
IT IS FURTHER ORDERED, that an application for reconsideration by the Commission
of this Order is not required prior to the filing for judicial review.
ENTERED this
5th day of September, 2012, as of August 20, 2012.
OIL AND GAS CONSERVATION COMMISSION
OF THE STATE OF COLORADO
By____________________________________
Robert J. Frick, Secretary