HomeMy WebLinkAbout20131771.tiffINVENTORY OF ITEMS FOR CONSIDERATION
Applicant Prado View Investment
Case Number USR13-0012
Submitted or Prepared
Prior to
Hearing
At
Hearing
1
Letter from Anadarko dated June 11, 2013 signed by Nolan McWheter
X
2
Letter from Noble Energy dated June 13, 2013 signed by Berndt Myhr
X
3
Letter from Syngenta dated June 17, 2013 signed by Christine Chaulk-grace
X
4
Pictures provided by Syngenta
X
I hereby certify that the four items identified herein was submitted to the Department of Planning Services
at or prior to the scheduled Planning Commissioners hearing.
47,11
Michelle Martin, Planner
ANADARKO E&P ONSHORE LLC
Via e-mail and federal express
Members of the Board of County
Commissioners for Weld County
1555 North 17" Avenue
Greeley, Colorado 80631
109918" STREET, SUITE 1800 • DENVER, COLORADO 80202
P.O Box 173779 • DENVER, COLORADO 80217-3779
f nadarkEit
E&P Onshore LLC
June 11, 2013
Members of the Planning
Commission for Weld County
1555 North 17th Avenue
Greeley, Colorado 80631
NOTICE OF OIL AND GAS INTERESTS OWNED BY ANADARKO LAND CORP.
AND ANADARKO E&P ONSHORE LLC AND OIL AND GAS LEASEHOLD
INTERESTS OWNED BY KERR-McGEE OIL & GAS ONSHORE LP AND
OBJECTION
Re:
Prado View Investments Company LP
USR 13-0012/ Site Specific Development Plan and Use by Special Review
Township 4 North, Range 66 West
Section 1: S/2
Section 12: NW/4
Weld County, Colorado
Ladies and Gentlemen:
This objection and notice letter is submitted to Weld County on behalf of Anadarko band
Corp. and Anadarko F.&P Onshore LLC (the "Anadarko entities) and Kerr-McGee Oil & Gas
Onshore LP ("Kerr-McGee") with respect to the application for a site specific development plan
and use by special review permit that has been submitted for approval to the County by Prado
View Investments Company LP ("Applicant") for property consisting of approximately 259
acres in the S/2 of Section 1 and the NW/4 of Section 12, Township 4 North, Range 66 West in
Weld County ("Property"). We understand that the purpose of the application is for approval of
an establishment that is primarily engaged in performing agricultural, animal husbandry or
horticultural services that includes a livestock confinement operation with 7,500 head of dairy.
The following are comments in support of this Notice and Objection:
1. The Oil and Gas Interests Owned by the Anadarko Entities and Kerr-McGee.
Kerr-McGee owns the oil and gas leasehold interests that underlie the portion of the
Property in the NW/4 of Section 12, Township 4 North, Range 66 West (the "Section 12
Property). Kerr-McGee operates eight oil and gas wells with associated production facilities in
the NW/4 of Section 12, one well in the NE/4NW/4, two wells in the NW/4NW/4, two wells in
EXHIBIT
I I-
the SE/4NW/4 and three wells in the SW/4NW/4. Kerr-McGee has rights to drill additional wells
on the Section 12 Property to further develop its oil and gas leasehold interests.
The Anadarko entities own the oil and gas interests that underlie the S/2 of Section 1,
Township 4 North, Range 66 West ("Section 1 Property"). The Anadarko entities or a
predecessor company to one of them granted a lease for the Section 1 Property, interests in
which are currently owned by Noble Energy, Inc. ("Noble Lease"). Noble operates live wells in
the Section 1 Property, one in the NW/4SE/4, one in the NE/4SW/4, one in the NW/4SW/4 and
two in the SE/4SW/4. Noble has rights to drill additional wells on the Section 1 Property to
further develop its oil and gas leasehold interests.
There is Clear Statutory Authority and Direction for the County to Take Into Account the
Rights of Oil and Gas Interest Owners in Its Consideration of Applications for
Development.
The State of Colorado recognizes the important rights of mineral owners and lessees in
C.R.S. § 30-28-133(10) which states and acknowledges that both the mineral estate and the
surface estate are interests in land and that the two interests are "separate and distinct." The
subsection specifically recognizes that the owners of subsurface mineral interests and their
lessees have "the same rights and privileges as surface owners."
3. Owners of Split Estates Must Exercise Their Rights in a Way that Gives Due Regard to
the Rights of the Other.
Colorado law provides that the mineral owner has the right of reasonable access to and
use of the surface estate to extract minerals and that the mineral estate owner and the surface
estate owner are to give due regard to the rights of the other and reasonably accommodate each
other's rights.
The oil and gas interests owned by the Anadarko entities and the oil and gas leasehold
interests owned by Kerr-McGee have significant value and consequently they are concerned that
the approval by the County of an application for development and the subsequent build -out of
the Property may impair their ability to operate existing wells and facilities and to further
develop the oil and gas that underlies the Property.
4. The Anadarko Entities and Ken' -McGee Wish to Protect their Valuable Assets and
provide for the Joint Use of the Property for Potentially Conflicting Surface Uses.
Kerr-McGee has ongoing operations on the Section 12 Property and will have future
operations on the Section 12 Property that could include, drilling, re -drilling, deepening,
recomplcting, fracturing and re -fracturing wells and the maintenance and servicing of wells and
equipment. Drilling and subsequent well operations may take place on a continuous basis over
several days with the use of heavy equipment that may require the coordination of the use of
portions of the Property at given times. Noble also has ongoing operations on the Section 1
Property with similar rights and Noble's current and future operations on the Section 1 Property
will benefit the Anadarko entities as the oil and gas interest owners and successor lessors under
the Noble Lease.
A S!BS ID k4'+ CF AMADARKD PF1FJ. -UV Ca RFOH�:I �'IIJ
Any future surface development plans approved by the County should reflect the
locations of existing wells, production facilities and pipeline easements with adequate setbacks
and provide protection for future wells, pipelines, gathering lines and related oil and gas facilities
and equipment. Approval of any surface development plan that forecloses the rights of the
owners of the oil and gas interests may be a compensablc taking.
5. The Anadarko Entities and Kerr McGee Object to the Application in the Absence of an
Agreement.
The Anadarko entities and Kerr-McGee have extensive oil and gas interests throughout
the State of Colorado and have successfully worked with many parties who wish to develop the
surface estate in order to assure the compatible development of the surface estate and the oil and
gas estate.
The practice of the Oil Companies is to meet with surface owners to reach a mutually
acceptable agreement. The Oil Companies have initiated discussions with the Applicant;
however, no agreement has been reached. Because no agreement has been reached, and in order
to protect their oil and gas interests and private property rights, the Anadarko entities and Kerr-
McGee object to the approval of a final application for development for the Property in the
absence of an agreement.
Very truly yours,
Nolan McWherter
cc: Jeff Fiske, Esq.
Molly Buchanan, Esq.
Dave Bell
Don Ballard
Glenn Czaplcwski/AGPROfessionals (for Applicant)
A SUBSIDIARY OF ANADARKO PETROLEUM CORPORATION
1625 Broadway
Suite 2200
Denver, Colorado 80202
Tel: 303.228.4000
Fax: 303.228.4280
• lnoble
energy
June 13, 2013
Via Telefax and U.S. Mail
(970) 304-6498 Michelle Martin
Weld County Department of Planning Services
Attention: Michelle Martin
Planning and Building Department
1555 N. l7th Ave.
Greeley, CO 80631
Re: Weld County Application: Prado View
Township 4 North, Range 66 West, 6th P.M.
Section 12: PT NW4 LOT B REC EXEMPT RE -3724
Section I : PT S2 LYING W OF FARMERS INDEPENDENT DITCI I
Weld County, Colorado
To Whom It May Concern:
RECEIVED
JUN 1 7 71113
Weld County Planning Department
GREELEY OFFICE
This letter is provided by Noble Energy, Inc. ("Noble") in response to AG PROfessionals, LLC on
behalf of Prado View Investments Company, LP (the "Applicant/Owner") notice of hearing
received June 6, 2013 and to be held on June 18, 2013 in Weld County for the approval of a site
specific development plan and Use by Special Review Permit for Agricultural Service over the
captioned lands (the "Property").
Noble owns rights associated with the oil and gas leasehold covering the Property. Noble is very
concerned about the impact the proposed development will have on Noble's ability to produce,
operate and maintain the well sites, pipelines and access roads on the Property. To date, no
agreement has been finalized and Noble has received no written confirmation from the
Applicant/Owner that Noble's real property rights to use a reasonable portion of the surface for oil
and gas operations and development are being preserved.
Noble requests assurance from Weld County that the proposed development will not preclude
Noble from producing, operating, drilling and maintaining its well sites, pipelines and access
roads. Until this matter is resolved by agreement with the
Applicant/Owner, Noble is not waiving its rights as a leasehold owner. Any approval of the
proposed development should be conditioned upon the preservation of Noble's real property
rights, that allow it to make reasonable use of the surface of the lands for oil and gas development
and operations.
EXHIBIT
Noble requests that these comments be entered into the record for the proposed development and
that we continue to be provided with advance notice of all other hearings affecting the Property. If
you have any questions, please feel free to contact the undersigned at (303) 228-4020.
Sincerely,
NOBLE ENERGY, INC.
I •rndt "Barry" Myhr
Special Projects Coordinator
cc:
Robert Leo
Molly Sommerville Buchanan, Esq. (facsimile: 303-296-1924)
Glen Czaplewski (facsimile: 1-970-535-9854) Ag Professionals, LLC 4350 Hwy 66, Longmont,
CO 80504
• Page 2
syngenta
June 17, 2013
Michelle Martin, Planner
Weld County Department of Planning Services
1400 N. 17 Avenue
Greeley, CO 80631
Re: Docket #: 2013-32
Case #: USR13-0012
Applicant: Prado View Investments Company LP
Dear Ms. Martin:
I am the current Site Manager for Syngenta Seeds. Syngenta operates a research facility
located immediately adjacent to the southern parcel owned by Prado View Investments. I
oversee all operations at the Syngenta facility and have been working at the site since 2000.
Syngenta and its predecessors have owned this property in Weld County since 1993.
This site is the company's preeminent facility for research on water optimization products.
Given the use of the property, it is critical that the quality of the irrigation water at our facility be
maintained and that we do not have surface runoff or threat from potential contamination at our
research plots by neighboring land uses.
We understand that Prado View Investments has submitted a Site Specific Development
Plan and Use by Special Review Permit for Agricultural Service Establishments in connection
with the development of a dairy with approximately 7,500 head of cattle and that Prado View
also intends to use the property to the south of the feedlot for dairy related compost and manure
storage as well as farming activities. We have reviewed the proposed application and identify
several potential concerns which we note below.
As you may be aware, the southern parcel is currently being used by Prado View for
extensive manure and compost storage. The pending application appears to continue with such
manure and compost storage use in the future. We have previously discussed a number of our
concerns regarding the current manure and compost storage operations directly with Mr. Vander
Dussen who has taken steps to address them.
Planned Use for Southern Parcel: As we mentioned above, we understand that Prado
View intends to use the property to the south of the feedlot for dairy related compost and manure
storage as well as farming activities. However, there is no further detail concerning those
proposed uses of the southern parcel and the associated regulatory requirements. We would like
to better understand the future uses Prado View is proposing so that we can evaluate whether
there will be any impact to our research operations.
Michelle Martin, Planner
June 17, 2013
Page 2
Runoff: This past winter, Syngenta's property was impacted by runoff from the southern
parcel carrying manure and compost onto our property and depositing it onto our research plots,
rendering them useless. Runoff from any neighboring operations directly affects the operations
and use of our property and we want to ensure that any future plans address and control run off
Water Quality: There is a potential threat of contamination of the irrigation water used at
the Syngenta research facility. This would directly affect the operations and use of the research
facility. We want to understand how any future plans will address this potential issue.
Dust: During the dry season, there will be a potential for dust dispersal from the manure
piles. We would like to ensure that Prado View has a system in place to control dust dispersal of
compost and that the dust does not interfere with Syngenta's operations. The Management Plan
for Nuisance Control submitted with the application should be revised to specifically address
dust control from the southern parcel where the manure composting and storage activities will be
undertaken. One of our other concerns related to dust is whether our workers will need to wear
PPE for protection from prolonged exposure to dust.
Odor: We have already observed strong odors in connection with the manure composting
and storage activities. We would like to see these concerns addressed in the Management Plan
for Nuisance Control.
Pests and Flies: We would like to understand what fly and pest measures will be
undertaken in connection with the manure composting and storage activities on the southern
parcel. These measures should be addressed in the Management Plan for Nuisance Control.
Noise: We are concerned with ongoing noise problems associated with increased truck
traffic.
Infrastructure: We would like to understand the anticipated increase in road usage due to
the manure trucks carrying manure to the southern parcel for composting and storage. If there is
an increase in truck traffic, potential road improvements should be considered.
We appreciate the opportunity to provide comments on this pending application.
Sincerely,
a-C4J
Christine Chaulk-Grace
Site Manager /Lead, NoAM MSE Trialing
Syngenta Seeds
17658 Weld County Road 48
P.O. Box 516
LaSalle, CO 80645
(970) 284-0944 X 100 Office
(970) 590-0405 Cell
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