HomeMy WebLinkAbout20102617.tiff kW Kerr!vtGee
SUSAN L.ALDRIDGE " I KERR-MCGEE OIL&GAS ONSHORE LP
COUNSEL _ P.O.Box 173779•DENVER,CO 80217-3779
720-929-6505 FAX: 720-929-7505
_ E-MAIL Susan.Aldridge@anadarko.com
G:i a !: I.
Weld County Planning Department
October 11, 2010 GREELEY OFFICE
OCT ?_??mn
VIA EMAIL AND U.S. MAIL RECEIVED
Weld County Planning Commission
do Mr. Kim Ogle
918 10th Street
Greeley, Colorado 80631
Re: USR 1746
White Bear Management, LLC c/o Polar Gas Front Range, LLC
Lot A RE-828;Part SW/4 of Section 9 Township 2 North, Range 66 West, 6th P.M.
Weld County, Colorado
Dear Mr. Ogle:
Pursuant to my email of this morning, this letter is to inform you that Kerr McGee Oil &
Gas Onshore LP ("KMG"), a wholly owned subsidiary of Anadarko Petroleum Corporation,
holds valid and subsisting oil and gas lease rights near the captioned property. KMG's rights
may be adversely affected by the USR 1746 application proposed by Polar Gas. KMG submits
this comment and objection timely, in accordance with State of Colorado and Weld County's
procedural requirements.
KMG's recorded oil and gas leases are real property interests entitling it to produce oil
and gas from the leased lands. The company has the right to produce from existing wells, to
maintain, rework, recomplete, and fracture those existing wells to enhance production, to access
wells and facilities and to drill new wells to produce oil and gas, in accordance with applicable
Colorado Oil and Gas Conservation Commission regulations and Colorado Statutes. KMG's oil
and gas assets have significant value, and the company is consequently concerned about any
development, surface use, plan of use, zoning or rezoning, or other action by the County that
would impair or preclude its ability to develop its resources.
As you are aware, KMG has serious concerns that the pending application will have the
effect of unreasonably interfering or even eliminating KMG's longstanding access to the wells
and facilities. The wells for which access is at issue in this matter were drilled by K.P.
Kauffman ("KPIC) in 1973 and 1976. KPK established the access route over 35 years ago and
some version of that route has been in use since that time. Moreover, in August, 2003 KMG
drilled a well, the Grant 13-9A and at such time consulted with the owner of the above
referenced property, Sam Reed, and no issues of concern were expressed concerning the
continued access. In March, 2004, KMG drilled another well, the Ellerman 12-9, and again used
Lo nru,u is Ca uz) 2010-2617
//-/-ao/O
PLa.oB3
Weld County Planning Commission
c/o Mr. Kim Ogle
October 11, 2010
Page 2
the present access and such use continues through today. There are no reasonable alternatives
for access to and from the wells and related facilities. KMG's current access must remain.
We recognize from the minutes of the October 5, 2010 Planning Commission that the
County does not want to place itself in the middle of the discussions between KMG and the
applicant. However, it is our position that the pending application does not meet the
requirements of the Weld County Code, in part, if(1) its approval will create more than minimal
disturbance to the existing uses of the property and surrounding property, and especially where
such disturbance cannot be mitigated as the case would be if access is eliminated; and (2) the
uses are not compatible with the surrounding land use which includes oil and gas encumbrances.
The County Public Works department acknowledges that the applicant must provide access for
existing oil and gas access road through the property, and the Weld County Code, Section 22-5-
110.B.3 provides as well. Unreasonably interfering with KMG's current and only access is a
significant impact and cannot be mitigated unless the applicant is willing to acknowledge and
confirm such access.
KMG respectfully requests that the applicant be required to stipulate that the existing
access will remain, and as necessary and appropriate, incorporate the access into the design of its
site. We appreciate the current recommendation by the Planning Commission that the a
Condition 1.1 should be added stating "The applicant shall attempt to reach an agreement with
the oil and gas companies concerning access" but believe this falls short of both the County and
the applicant acknowledging KMG preexisting legal access. The condition is not sufficient
because the applicant has already voiced that it may simple "lock" the access, thereby barring
KMG from its operations. We request that the application not be approved or the plat not be
recorded until applicant states in writing that KMG may and will continue its current access.
Such access is reflected on the attached aerial.
Please contact me at 720-929-6505 if you have any questions or comments about this
matter. KMG hopes to conclude a mutually acceptable agreement with the Polar Gas and looks
forward to working with the County to accomplish its land use planning goals.
Sincerely,
KERR-MCGEE OIL & GAS ONSHORE LP
usan L. Aldridge
Counsel
cc: Danna Ortiz, Civil Resources, LLC —Applicant's Representative (by U.S. Mail)
David Bell —Kerr-McGee Oil & Gas Onshore LP
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