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HomeMy WebLinkAbout20101546.tiff Chris Gathman o Molly Buchanan [msb@msbuchananlaw.com] Wednesday, June 30, 2010 10:35 AM afrn: • Chris Gathman Cc: Enright, Tery; bmyhr@nobleenergyinc.com; 'Tim Naylor; tharen@agpros.com Subject: FW: Heartland Renewable Energy--Condition for USR Application Chris This e-mail follows up our conference call this morning among Tom Haren and Tim Naylor, representatives for Heartland Renewable Energy, LLC ("Applicant"), and Barry Myhr with Noble Energy, Inc. and Terry Enright with Anadarko/Kerr-McGee regarding the application for a use by special review (USR-1704) that Applicant has filed with the County and the objections to the application that were submitted to the County on behalf of Noble and Anadarko/Kerr-McGee. As we discussed, the special use permit application as proposed affects both existing and future oil and gas operations on the property included in the USR ("Property") and in several respects will require the cooperation of the oil companies. In an effort to work with the Applicant and so that the Planning Commission hearing will go illlward as planned, the Applicant and the oil companies have agreed to have the County lude as a condition of recording the plat (site plan) for the Property that they will enter into a surface use agreement.* The parties request that you include the stipulation in the conditions you propose in your recommendation to the Planning Commission and the Board of County Commissioners. In addition, Heartland, Noble and Anadarko/Kerr-McGee representatives will stipulate to the condition on the record at the Planning Commission hearing on July 6 and the subsequent Board hearing on the application. The oil companies have asked the Applicant to postpone the hearing before the Board (currently scheduled for July 21) for at least thirty days from the date of the Planning Commission hearing so that an agreement can be reached among the parties. We would very much appreciate having the opportunity to review the language for the condition that you propose to the Planning Commission. Thanks, as always, Chris, for your time and courtesy. EXHIBIT •ly (p.C use-r o4 1 2010-1546 * See e-mail below from Tim Naylor • From: Tim Naylor [mailto:tnaylor@agpros.com] Sent: Wednesday, June 30, 2010 9:12 AM To: Enright, Terry; Molly Buchanan; bmyhr@nobleenergyinc.com Cc: Tom Haren Subject: Heartland Renewable Energy All On behalf of Heartland Renewable Energy, AGPROfessionals agrees to stipulate at the USR hearing and become a Condition of Approval that a Surface Use Agreement with the Mineral owners and Lease holders be obtained and agreed upon prior to recording the plat. Tim Naylor •ROfessionals, LLC 4350 Highway 66 Longmont, Colorado 80504 (970)535-9318 (970)535-9854 fax tnaylor(agpros.com • 2 Hello