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Home My WebLink About20102429.tiff PLANNING COMMISSION AND BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CERTIFICATE • THE LAST DAY TO POST THE SIGN IS SEPTEMBER 24, 2010 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT- OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, KIM OGLE, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING COMMISSIONERS HEARING AND THE BOARD OF COMMISSIONERS HEARING FOR A SITE SPECIFIC DEVELOPMENT PLAN AND A SPECIAL REVIEW PERMIT FOR A KENNEL (TO ACCOMMODATE 50 DOGS OF TWO SPECIFIC BREEDS: MINIATURE DACHSHUND AND BERNESE MOUNTAIN DOGS), IN THE A(AGRICULTURAL)ZONE DISTRICT, DBA DAPPLE DOXIE, C/O JANE STAMP] KIM OGLE ame of Person Posting Sign • �c —' Signature of Person Posting Sign STATE OF COLORADO ss. COUNTY OF WELD ) _ The foregoing instrument was subscribed inct,cme thi day of , 2010. WITNESS my hand and official seal. 0.49),LNG u�Cs f B Notary Public 4,:•••............•'�q My Commission Expires: .. • EXHIBIT ID VSR - I* 2010-2429 • - t b w ''T.;m ♦ 'S ii -f,.,•' '. 1 1'. - .4 f _.: r -. ' ti 11 i ♦t ' r - _. -. .f ' _ id.: --�to i .1 i': r : ! 1.. 1 .t7 i..;%.,-.. -.m, :Tam a.A' �•irm *. .--. * ,4)f—r. I__- ` U 4. 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' . 1 . :� 0 L -. .w, - - - ilIS linillillii"INIS I.e T. ' w to. MIS 4 - • • yt y+ ,47 � .t. �i. _ • i�I • - . �., EXHIBIT i• _ . . • , . ,• • 6 • . . . Esther Gesick o Kim Ogle nt: Monday, October 11, 2010 10:29 AM WO: Bruce Barker Cc: Esther Gesick; Heidi Hansen; Tom Parko Subject: FW: Application of Polar Gas - USR 1746 Esther please add to the file the Kris just dropped off. From: Aldridge, Susan [mailto:Susan.Aldridge@anadarko.com] Sent: Monday, October 11, 2010 10:01 AM To: Kim Ogle Cc: Bell, David (Land) Subject: Application of Polar Gas - USR 1746 Hi Kim, good to work with you again. I had an opportunity to work with you on a number of matters when I was at Beatty &Wozniak. Hope you are well. A letter will follow but Kerr-McGee (KM) has an objection to the above referenced application as it impacts our access route to wells and production equipment to the north of the property on the west line of the section that has been in place for many years. There is not an option for moving this access and Polar Gas appears to suggest we must abandon our established legal access. Any approval of Polar Gas application should be conditioned upon keeping KM existing access in place and not inferring with such access. Perhaps Paragraph 19 of your report could be modified to make clear that applicant must concede KM existing access and will not interfere or impact that access? We also disagree with Danna Ortiz and Bill Crews comments in the July 30, 2010 memorandum to you. David Bell will also be in attendance at the hearing. illet me know if you wish to discuss further. Thanks Kim. Sincerely, Susan L. Aldridge Counsel Anadarko Petroleum 1099 18th Street, Suite 1800 Denver, Colorado 80202 720-929-6505 (Direct Dial) 720-273-6453 (Cell) 720-929-7505 (Fax) Susan.Aldridge(danadarko.corn Anadarko Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, EXHIBIT . copying, distribution or the taking of any action concerning the contents �f this communication or any attachments by anyone other than the amed recipient is strictly prohibited. usQ, ti l7 to 1 Esther Gesick oorom: Kim Ogle nt: Monday, October 11, 2010 3:45 PM : Esther Gesick Cc: Bruce Barker; Heidi Hansen; Kim Ogle Subject: FW: Application of Polar Gas- USR 1746 Attachments: [Untitled].pdf; Polar Gas Access.png Esther Please add to File, USR-1746, Polar Gas Thank you. Kim From: Aldridge, Susan [mailto:Susan.Aldridge@anadarko.com] Sent: Monday, October 11, 2010 3:33 PM To: Kim Ogle Cc: Bell, David (Land) Subject: RE: Application of Polar Gas - USR 1746 Hi Kim, please find the attached letter as I stated would follow in my earlier email. Any help you can provide is appreciated. Sincerely, 403, usan L. Aldridge unsel nadarko Petroleum 1099 18th Street, Suite 1800 Denver, Colorado 80202 720-929-6505(Direct Dial) 720-273-6453 (Cell) 720-929-7505 (Fax) Susan.Aldridge(aJanadarko.corn I EXHIBIT • I Q USR`- 174-1le 1 • k1J KerrNtGee SUSAN L.ALDRIDGE KERR-MCGEE OIL S GAS ONSHORE LP COUNSEL P.O.Box 173779•DENVER,CO 80217-3779 720-929-6505 FAX 720-929-7505 E-rwIL SusanAldn0ge@anadarkocorn October 11, 2010 VIA EMAIL AND U.S. MAIL Weld County Planning Commission do Mr. Kim Ogle 918 10th Street Greeley, Colorado 80631 Re: USR 1746 White Bear Management,LLC e%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. ICMG'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 ("KPK") 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 • • 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 ICMG'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 I.J 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 ll. 10 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 J i • t — - • I i I. .., ...-.] i, . r . . - _ - - ,, t . 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