BEFORE THE OIL AND GAS CONSERVATION COMMISSION
OF THE STATE OF COLORADO
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IN THE MATTER OF THE PROMULGATION AND ESTABLISHMENT OF A DESIGNATED OUTDOOR ACTIVITY AREA FOR CERTAIN LANDS IN SECTION 30, TOWNSHIP 1 SOUTH, RANGE 68 WEST, 6TH P.M., KNOWN AS THE BROOMFIELD COMMONS, BROOMFIELD COUNTY, COLORADO |
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CAUSE NO. 1
DOCKET NO. 180400299
TYPE: GENERAL ADMINISTRATIVE
ORDER NO. 1-235 |
REPORT OF THE COMMISSION
The Commission heard this matter on March 11, 2019, at the Ralph L. Carr Colorado Judicial Center, 1300 Broadway, First Floor, Denver, Colorado, upon application for an order to establish a Designated Outdoor Activity Area for portions of the SW¼ of Section 30, Township 1 South, Range 68 West, 6th P.M.
FINDINGS
1. The City and County of Broomfield (“Broomfield” or “Applicant”) is a local government which may seek protection of an area within its jurisdiction as a Designated Outside Activity Area (“DOAA”), and 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. Commission Rule 100 defines the types of areas and facilities for which a “Designated Outside Activity Area” may be established.
5. Commission Rule 503.a. sets out the procedure for asking the Commission to establish a DOAA.
6. Commission Rule 604.a.(4) provides that no Well or Production Facility shall be located three hundred fifty (350) feet or less from the boundary of a DOAA. The Commission, in its discretion, may establish a setback of greater than three hundred fifty (350) feet based on the totality of circumstances. Designated Setback Location mitigation measures pursuant to Rule 604.c. shall be required for Oil and Gas Locations within one thousand (1,000) feet of a DOAA, unless the Commission determines otherwise.
7. On September 16, 1991, the Commission entered Order No. 467-8 which, among other things, established a 160-acre drilling and spacing units for certain lands, including Section 30, Township 1 South, Range 68 West, 6th P.M., for the production of oil, gas, and associated hydrocarbons from the “J” Sand Formation.
8. On February 2, 2018, Broomfield, by its attorneys, filed a verified application (“Application”) pursuant to §34-60-116, C.R.S., for an order to establish an approximate 368-acre DOAA at the Broomfield Community Commons for the below described lands (“Application Lands”) and establish a buffer and setback of at least 350 feet, and other restrictions on oil and gas development in proximity to the DOAA based on the totality of the circumstances:
Township 1 South, Range 68 West, 6th P.M.
Section 30: SW¼
The specific lands to be included in the DOAA are described in Exhibit “A” to this Order.
9. On January 7, 2019, Broomfield, 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.
10. The hearing Officer set the matter for hearing before the full Commission.
11. At the hearing, testimony and exhibits submitted in support of the Application by Tami Yellico, Director of Strategic Initiatives for Broomfield showed that Broomfield is the owner of the surface fee interest in the property known as the “Broomfield County Commons” (“BCC”) which is located in the heart of Broomfield. A legal description of BCC is found on Exhibit “A” to this Order.
12. Testimony showed that the BCC provides numerous recreation, sporting, and civic spaces for the public. For instance, the BCC includes 15 soccer and other playing fields, two playgrounds, a pavilion for public use and five picnic huts. In describing the BCC’s sporting fields, the City’s website states that, “The site’s artificial turf Championship Field is truly a field of dreams for many in the recreational sports community.” See www.broomfield.org\Facilities\Facility\Details\9. Other features include a dog park, off street parking, picnic tables, and a shelter with restrooms. The 368-acre site is home to the Paul Derda Recreation Center, a multiple-use trail system, County Commons Cemetery, 237 acres of open space and the 80-acre park/sports complex. Id. The Broomfield City Council has approved an expansion of the Broomfield County Commons Cemetery, which is open to visitors and for services daily, except Sunday. www.broomfield.org\182\Broomfield-County-Commons-Cemetery.
13. The testimony also showed that BCC includes a mixed use trail. Trail counts were taken twice in 2017 on the mornings of October 19 and 21 (9:30-11:00 a.m.) and once on the afternoon of October 19 (4:00-5:30 p.m.). The data gathered in October 2017 was used to estimate the total annual users at the BCC trail, at approximately 451,505 trail users per year. Generally, the time period involved in the October 2017 counts was not at a peak or low time for usership based on a correlation of data on U.S. 36 during these same times.
14. The testimony also showed that visitation to BCC has increased over the last several years and the trail system represented only a portion of the total visitors to BCC. The users of the soccer fields, picnic areas, public pavilion, and visitors to the cemetery add substantially to that number. Overall, the BCC uses include running, bicycling, family and social gatherings, and other competitive sports activities.
15. The testimony also showed that BCC soccer fields, playground, concession and restrooms are used extensively by the public. During 2017, there were hundreds of youth soccer matches held at BCC, which would have included boys’ and girls’ soccer teams, their parents and supporters, and members of the public. Broomfield estimates that in addition to the 451,505 trail users, approximately 732,885 people visited and used the BCC in 2017, for a total of approximately 1,184,390 total users during 2017. Broomfield estimates that usage of BCC in 2018 was comparable to the 2017 usage.
16. The testimony also showed that Broomfield has invested more than $48,121,563 to acquire, improve and maintain BCC for citizens of Broomfield and the surrounding communities.
17. The Oil and Gas Act itself supports the protection of recreation areas and parks such as BCC, stating:
It is declared to be in the public interest to foster the responsible, balanced development, production, and utilization of the natural resources of oil and gas in the state of Colorado in a manner consistent with protection of public health, safety, and welfare, including the protection of the environment and wildlife resources . . .
C.R.S. §34-60-102(1).
18. Creating a DOAA at BCC would be consistent with the Commission Rules, with the Legislative declaration of the Oil and Gas Act, and would protect public health, safety and welfare.
19. Broomfield provided a legal description of a buffer of 350 feet around the BCC as required by the Series 100 and Rule 604.a.(4). as Exhibit 4 to its request for approval of the DOAA.
20. The above-referenced testimony and exhibits show that granting the Application is consistent with the Commission’s Series 100 Rules and Rule 604.a.(4).
21. After listening to the testimony, the Commission commended the Applicant for its efforts to establish a DOAA and voted unanimously to approve the Application for the DOAA with the Staff to review the Application and legal description of the proposed DOAA to make sure they are acceptable to Staff.
22. Staff has reviewed the Application, the legal description, and supporting materials and is satisfied that this order is appropriate.
ORDER
IT IS HEREBY ORDERED:
1. A Designated Outside Activity Area is hereby established for the Broomfield Community Commons in the below-described lands as more particularly described in Exhibit “A” attached hereto:
Township 1 South, Range 68 West, 6th P.M.
Section 30: SW¼
2. That the 350-foot setback requirements of Rule 604.a.(4) shall apply to the DOAA.
IT IS FURTHER ORDERED:
1. The provisions contained in the above order shall become effective immediately.
2. The Commission expressly reserves its right, after notice and hearing, to alter, amend or repeal any and/or all of the above orders.
3. Under the State Administrative Procedure Act, the Commission considers this Order to be final agency action for purposes of judicial review within 35 days after the date of this Order is mailed by the Commission.
4. An application for reconsideration by the Commission of this Order is not required prior to the filing for judicial review.
ENTERED this 1st day of April, 2019, as of March 11, 2019.
OIL AND GAS CONSERVATION COMMISSION
OF THE STATE OF COLORADO
By____________________________________
Mimi C. Larsen, Secretary
EXHIBIT A
Legal description for the DOAA - Broomfield County Commons.
The parcels of land located in Section 30, T.1 S., R.68 W., of the 6th Principal Meridian, City and County of Broomfield, State of Colorado, being more particularly described as follows:
Parcel 1
That parcel of land described in Reception No. C0778509, Recorded in Adams County, State of Colorado, on March 28, 2001, being more particularly described as follows:
The South 400 feet of the East 544.55 feet of the West 1089.10 feet of the Southwest 1/4 of
Section 30, Township 1 South, Range 68 West of the 6th Principal Meridian, City and County of Broomfield, State of Colorado.
Containing 5.00 acres more or less
Parcel 2
That parcel of land described in Reception No. C0778509, Recorded in Adams County, State of Colorado, on March 28, 2001, being more particularly described as follows:
The South 400 feet of the West 544.55 feet of the Southwest 1/4 of Section 30, Township 1 South, Range 68 West of the 6th Principal Meridian, except the West 20 feet thereof, City and County of Broomfield, State of Colorado.
Containing 4.817 acres more or less
Parcel 3
Broomfield County Commons Filing No. 1, as recorded at Reception No. 2003020092 Broomfield County, State of Colorado, on October 9, 2003, Lot 2.
Containing 85.995 acres more or less
Parcel 4
Broomfield County Commons Filing No. 1, as recorded at Reception No. 2003020092 Broomfield County, State of Colorado, on October 9, 2003, Tract B.
Containing 144.567 acres more or less
Parcel 5
That parcel of land described in Reception No. 2002005698, Recorded in Broomfield County, State of Colorado, on April 24, 2002, being more particularly described as follows: COMMENCING at the Northwest Corner of the Southwest Quarter of said Section 30, whence the Southwest Corner of said Section 30 bears S00°12'45"E a distance of 2639.45 feet; THENCE S00°12'38"E along the Westerly line of said Southwest Quarter a distance of 679.50 feet to the Northwest Corner of a parcel of land described in Book 3877 at Page 36, Adams County Clerk & Recorder's office, Adams County, Colorado, being the POINT OF BEGINNING;
THENCE N89°45'13"E along the Northerly line of said parcel described in Book 3877 Page 36 and being non-tangent with the following described curve a distance of 107.66 feet;
THENCE the following two (2) courses along the Easterly line of Slope Easement Parcel signed by Steven A. Dynes, PLS 24949, on 01/16/2002, Farnsworth Group, Inc. for Sheridan Boulevard, JN399127.0;
1.) Southerly along the arc of a curve to the right, having a central angle of 01°19'34", a radius of 5825.00 feet, a chord bearing of S04°43'51"W a distance of 134.81 feet, and an arc distance of 134.81 feet;
2.) THENCE along the arc of a curve to the left, tangent with the last described curve, having a central angle of 0°29'15", a radius of 5655.00 feet, a chord bearing of S05°09'30"W a distance of 46.47 feet, and an arc distance of 46.47 feet to the Southerly line of said parcel described in said Book 3877, Page 36;
THENCE S89°47'22"W non-tangent with the last described curve along the Southerly line of said parcel described in Book 3877 at Page 36 a distance of 91.66 feet to the Southwest corner of parcel described in said Book 3877 at Page 36; THENCE N00°12'38"W along the Westerly line of said Southwest Quarter a distance of 180.50 feet to the POINT OF BEGINNING. Containing 0.414 acres, more or less.
Bearings are based on City and County of Broomfield monument GPS Control GPS-7 being a found 3 1/2" brass cap set in concrete from which City and County of Broomfield control monument GPS-6 also being a found 3 1/2" brass cap set in concrete bears S40°34'51"E a distance of 3322.03 feet.
Containing 0.414 acres more or less
Parcel 6
That parcel of land described in Reception No. 2006005531, Recorded in Broomfield County, State of Colorado, on May 4, 2006, being more particularly described as follows: COMMENCING at the Northwest corner of the Southeast Quarter of said Section 30, whence the Northeast corner of said the Southeast Quarter of said Section 30 bears N89°44'45"E a distance of 2636.44 feet; THENCE N89°44'45"E along the Northerly line of said Southeast Quarter of Section 30 a distance of 218.46 feet to the POINT OF BEGINNING.
THENCE N00°23'24"W along a line parallel with the Westerly line of said Southeast Quarter of
Section 30 a distance of 7.24 feet; THENCE N89°46'49"E along a line parallel with the South line of Sunnyslope Estates a distance of 458.53 feet; THENCE S00°23'24"E along a line parallel with said Westerly line of the Southeast Quarter of Section 30 a distance of 190.00 feet; THENCE S89°46'49"W along a line parallel with said Southerly line of Sunnyslope Estates a distance of 458.53 feet; THENCE N00°23'24"W along a line parallel with said Westerly line of the Southeast Quarter of Section 30 a distance of 182.76 feet to the POINT OF BEGINNING. Containing 2.00 acres more or less
Parcel 7
That parcel of land described in Reception No. C0391835, Recorded in Adams County, State of Colorado, on May 1, 1998, a portion of the Southeast one-quarter Section 30, Township 1 South, Range 68 West of the 6th Principal Meridian, City and County of Broomfield, State of Colorado, known as the Tom Frost Reservoir and described as follows:
Beginning at a point on the North line of the South one-half Southeast one-quarter of said Section 30, 230 feet West of the East line of said Southeast one-quarter; THENCE West along said North line 200 feet; THENCE N°45"45'W 100 feet; THENCE N°72"00'W 275 feet; THENCE S°71"00'W 356 feet; THENCE S°43"00'W 508 feet; THENCE S°25"00'E 493 feet; THENCE
S°17"00'E 498.5 feet; THENCE East 70 feet; THENCE N°77"10'E 113 feet; THENCE N°70"40'E
525 feet; THENCE N°54"12'E 231.2 feet to a point 230 feet West of the East line of Southeast one-quarter of said Section 30; THENCE North parallel with said East line a distance of 923.3 feet, more or less, to the POINT OF BEGINNING.
City and County of Broomfield, State of Colorado Containing 28.8 acres more or less
Parcel 8
That parcel of land described in Reception No. C0089418, Recorded in Adams County, State of Colorado, on July 18, 1995, located in the Southeast quarter of Section 30, Township 1 South Range 68, West, Sixth Principal Meridian, City and County of Broomfield, State of Colorado, more particularly described as follows:
COMMENCING at the Southeast corner of said Section 30, THENCE North 89 degrees 42 minutes 00 seconds West, and along the South line of said Section 30 a distance of 30.00 feet to the Westerly right of way line of Lowell Boulevard, said point being the TRUE POINT OF BEGINNING: THENCE continuing North 89 degrees 42 minutes 00 seconds West and along the South line of said Section 30 a distance of 1050.05 feet to the South Westerly line of the Tom Frost Reservoir; THENCE North 17 degrees 00 minutes 00 seconds West and along the Easterly line of said Tom Frost Reservoir a distance of 44.95 feet to the most Westerly corner of that parcel in deed recorded in Book 1510 at Page 274, THENCE along the Northwesterly line of that parcel in deed recorded in Book 1510 at Page 274 the following 4 calls: North 90 degrees 00 minutes 00 seconds East and along the Southerly line of said Tom Frost Reservoir a distance of 70.00 feet; THENCE North 77 degrees 10 minutes 00 seconds East and along the Southerly line of said Tom Frost Reservoir a distance of 113.00 feet; THENCE North 70 degrees 40 minutes 00 seconds East and along the Southerly line of said Tom Frost Reservoir a distance of 525.00 feet; THENCE North 54 degrees 08 minutes 21 seconds East and along the Southerly line of said Tom Frost Reservoir a distance of 231.49 feet; to the Southwest corner of that parcel in deed recorded in Book 2391 at Page 532; THENCE along the Southerly line of said parcel in Book 2391 at Page 532, North 90 degrees 00 minutes 00 seconds East a distance of 200.00 feet to the Westerly right of way line of said Lowell Boulevard; THENCE South 0 degrees 0 minutes 00 seconds West and along the Westerly right of way line of said Lowell Boulevard a distance of 383.00 feet to the TRUE POINT OF BEGINNING, except that portion conveyed in deed recorded in Book 3130 at Page 992,
City and County of Broomfield,State of Colorado. Containing 5.1 acres more or less
Parcel 9
Broomfield County Commons Filing No. 1, as recorded at Reception No. 2003020092 Broomfield County, State of Colorado, on October 9, 2003, Lot 1.
Containing 12.61 acres more or less
Parcel 10
Broomfield County Commons Filing No. 1, as recorded at Reception No. 2003020092 Broomfield County, State of Colorado, on October 9, 2003, Tract A.
Containing 6.523 acres more or less
Parcel 11
Broomfield County Commons Filing No. 1, as recorded at Reception No. 2003020092 Broomfield County, State of Colorado, on October 9, 2003, Tract C.
Containing 57.186 acres more or less
Parcel 12
Missionary Alliance Filing No. 1, as recorded at Reception No. 2011013305
Broomfield County, State of Colorado, on December 15, 2011, Lot 1.
Containing 3.079 acres more or less
Parcel 13
Redleaf Filing No. 1 as recorded at Reception No. C0884443, Recorded in Adams County, State of Colorado, on November 8, 2001, Outlot G
City and County of Broomfield, State of Colorado.
Containing 4.696 acres more or less
Parcel 14
Redleaf Filing No. 1 as recorded at Reception No. C0884443, Recorded in Adams County, State of Colorado, on November 8, 2001, Outlot H.
City and County of Broomfield, State of Colorado.
Containing 3.256 acres more or less
Parcel 15
Redleaf Filing No. 1 as recorded at Reception No. C0884443, Recorded in Adams County, State of Colorado, on November 8, 2001, Outlot F
City and County of Broomfield, State of Colorado Containing 2.214 acres more or less
Parcel 16
Redleaf Filing No. 1 as recorded at Reception No. C0884443, Recorded in Adams County, State of Colorado, on November 8, 2001, Outlot U
City and County of Broomfield, State of Colorado Containing 0.136 acres more or less
Parcel 17
Redleaf Filing No. 1 as recorded at Reception No. C0884443, Recorded in Adams County, State of Colorado, on November 8, 2001, Outlot E
City and County of Broomfield, State of Colorado Containing 0.709 acres more or less
Parcel 18
Willow Park, Tract A as recorded at Reception No. B109910, Recorded in Adams County, State of Colorado, on September 9, 1992.
City and County of Broomfield, State of Colorado Containing 0.90 acres more or less
Parcel 19
A parcel of land located within the Redleaf Filing No. 1 subdivision, more particularly described as a strip of land 50.67 feet in width called out as Elk Ridge Road right- of-way.
Containing 0.643 acres more or less
Containing a total of 368.002 acres more or less