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Home My WebLink About20090940.tiff• air, COLORADO • • MEMORANDUM TO: Planning Commissioners DATE: March 3, 2009 ''� FROM: Kim Ogle, Planning Services//la SUBJECT: Request for Continuance 3 AmUSR-542 [Mewbourn] 4 AmUSR-552 [Lucerne] The Department of Planning Services' on behalf of the applicant, DCP Midstream, L.P.,c/o Patrick Groom Witwer, Oldenburg, Barry & Johnson LLP; 822 7th Street Suite 760; Greeley, CO 80631, hereby requests a continuance of 3 AmUSR-542 [Mewbourn], a Site Specific Development Plan and Third Amended Special Review Permit for a Mineral Resource Development Facility including an Oil and Gas Support and Service Facility (Oil and Gas Processing Facility) in the A (Agricultural) Zone District due to lack of the required thirty day mineral notification and other issues. The Department of Planning Services' on behalf of the applicant, DCP Midstream, L.P., further requests a continuance of 4 AmUSR-552 [Lucerne], a Site Specific Development Plan and a Fourth Amended Special Review Permit for a Mineral Resource Development Facility for Oil and Gas Support and Service, including a Natural Gas Processing Facility in the A (Agricultural) Zone District due to lack of the required thirty day mineral notification. The applicant's letter of request is attached. Per the request of the applicant, it is staff's recommendation to continue case number 3 AmUSR-542 and case number 4 AmUSR-552 for DCP Midstream, L.P., until April 7, 2009 for the Planning Commissioner's hearing and April2$, 2009 for the Board of County Commissioner's hearing. The Department of Planning Services seeks your support of this request. ID EXHIBIT EXHIBIT pn4 -5 1 2009-0940 WITWER, OLDENBURG, BARRY & JOHNSON, LLP ATTORNEYS AT LAW B22 7TH STREET. SUITE 760 STOW L. WITWER. JR. R. SAM OLDENBURG JOHN J. BARRY JACQUELINE JOHNSON PATRICK M. GROOM KENT A. NAUGHTON February 23, 2009 GREELEY. CO 8O631 Weld County Planning Department GREELEY OFFICE Kim Ogle Planning Manager Weld County Dept. of Planning Services 918 101h St. Greeley, CO 80631 p s47I1t1q ;:t E C WED Re: DCP Am USR # 552, Lucerne and AM USR #542 Mewbourne Expansions, Dear Kim: JEFFREY T. BEDINGFIELO OF COUNSEL TIMOTHY P. BRYNTESON OF COUNSEL TELEPHONE: (970) 352-3161 FACSIMILE (970) 352-3165 SENDERS E-MAIL ADDRESS. PG room ip wobjlaw.com Please extend the Weld County hearings that are set for March 3, 2009 for the above -referenced USRs to 4, April 7, 2009. If you have any questions regarding this, please give me a call. Thank you for your attention to this matter. PMG/zah pc: Joe Kuchinski • Very truly yours, WITWER OLDENBURG BARRY & JOHNSON, LLP Patrick M. Groom • April 6, 2009 Weld County Department of Planning Services 918 10th Street Greeley, CO 80631 RE: Case #3 AM USR-542 Name: DCP Midstream LP Weld County Planning Commission and Board of Weld County Commissioners: We would like to express our appreciation for the fast and efficient responses to our list of objections regarding the Application Review Notification Card received regarding the above named case #3 Am USR-542 regarding the proposed project for DCP Midstream LP. • • We feel that the list of objections stated in our previous letter have been met and addressed accordingly. We are satisfied that the objections have been dealt with. Sincerely, Rick & Colleen Margheim LAOL-C,C c. V( EXHIBIT 3.4 Arose - Sua. • • • dcp Midstream. April 14, 2009 Mr. Kim Ogle DCP MIDSTREAM 1324 North 7th Avenue Greeley, CO 80631 370 303 572 3516 fax I would like to request a change to building permit number OLG09-00075 (Mewbourn NGL Pump and Meter). DCP Midstream would like to install the meter as shown in the building permit (inside the existing USR-542 boundary), but install the pump just west of the existing USR-542 boundary (inside the proposed expansion USR boundary) -see attached drawing. Additionally, the concerns raised regarding the entrance to the proposed expansion are addressed on the plot plan as well. Both the NGL pump and the entrance are highlighted with bold text on the plot plan. Please let me know if the NGL pump being installed just west of the permitted location will be OK. Should you have any questions or concerns, please do not hesitate to contact me at 970-539-1908 or pdparlqaldcpmidstream.com. Respectfully Submitted Paul D Park e__ZZ www.dcpmidstream.com • Exhibit F includes Oversized Map • Please see Original in File • !g H H 0 R I �s�fi��lllslli�0�r@�rl�lirss 0(30000000000000000000000 II��B:I IDOIL'-1��i 3e P r VI� 8 P@ 3B X49 < \ I� Ii1 I I b ,,,ffi .>.� -i �) I I I i ,\ S---7 ( r I " v �_.- ; v --- v . v v 14, , % -tea �_ v �..\\‘‘\ \\wA \-----1\ ////z.2 'E v,vN v/vv ` \\\___\ I/ ' \ J/ / + 1 I I I �\ zh �- 1 \ I I I \' I N -- -0i / I 3 33 333„3-33 3 3, a„ --I I / / 1. 3.\ k v �` ' /� —� Vii; _ -3_33_ 3_3_3 lv i �� i i /,'�%(, /,- _e � — a e � - Il,I w` / , / ' i %� �� i l I „f , N- — / �\ 2a L i BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CERTIFICATE • • • THE LAST DAY TO POST THE SIGN IS APRIL 10, 2009 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 BOARD OF COMMISSIONERS HEARING FOR A SITE SPECIFIC DEVELOPMENT PLAN AND THIRD AMENDED SPECIAL REVIEW PERMIT FOR A MINERAL RESOURCE DEVELOPMENT FACILITY INCLUDING AN OIL AND GAS SUPPORT AND SERVICE FACILITY (OIL AND GAS PROCESSING FACILITY) IN THE A (AGRICULTURAL) ZONE DISTRICT. STATE OF COLORADO COUNTY OF WELD ) ss. KIM OGLE Name of Person Posting Sign Signatbe of Person Posting Sign The foregoing instrument was subscribed a sworn to me thi WITNESS my hand and official seal. Notary Public My Commission Expires: ',ay of Match ,2009. FOR FURTHER INFORMATIO V4M',l z, AT 970 Platteville/Gilcrest Fire Protection District April 21, 2009 DCP Midstream 3` t AmUSR — 542 18455 WCR 35 Gilcrest, Co 80623 To Whom It May Concern: On April 21, 2009, I met with Mr. Paul Park in regards to the addition of the Mewbourn Gas Plant. We discussed issues that I had brought up in my previous letter dated Nov. 11, 2008. Mr. Park answered all of my questions from that letter and I have no issue with the acceptance of this USR. If anything further is needed please let me know. Sincerely, Russell Kissler Fire Prevention Tech. EXHIBIT I 3d A>zuv' -5-va. 303 Main Street, P.O. Box 407 • Platteville, CO 80651 • 970-785-2232 • Fax 970-785-0139 215 Main Street, P.O. Box 43 • Gilcrest, CO 80623 • 970-737-2966 • Fax 970-737-9006 DCP/Mewborn Plant Expansion Agreement Page 1 of Jennifer VanEgdom From: Kim Ogle Sent: Wednesday, April 22, 2009 6:30 AM To: Esther Gesick Cc: Jennifer VanEgdom Subject: FW: DCP/Mewborn Plant Expansion Agreement Importance: High Attachments: DCP-Mewbourn Letter Agreement Dr (4-13-09) Redline.doc; DCP-Mewbourn Letter Agreement Dr (4- 13-09) Final.doc one additional item. Same document, redline and final. Kim From: Enright, Terry [mailto:Terry.Enright@anadarko.com] Sent: Tuesday, April 21, 2009 3:23 PM To: jrbricco@dcpmidstream.com; Patrick Groom; Kim Ogle Cc: Crouch, Keith Subject: DCP/Mewborn Plant Expansion Agreement Importance: High Jeff, I am resending the agreement drafts as we have not had a response. I am also going to copy Mr. Groom and Weld County per my conversation with Kim Ogle today. We are in agreement on the exhibit per Ms. Robben's email dated 4/2/09. However, we will need an executed agreement before we can rescind our protest letter. Please call with any questions. Thanks, Terry Terry D. Enright Kerr-McGee Oil & Gas Onshore LP a subsidiary of Anadarko Petroleum Corp. 1099 18th Street, Denver, Colorado 80202 720-929-6469 or 970-590-0729(c) tempenright@Anadarko.com «DCP-Mewbourn Letter Agreement Dr (4-13-09) Redline.doc» «DCP-Mewbourn Letter Agreement Dr (4-13-09) Final.doc» EXHIBIT I1J Std 4,naSt- 5t/a 4/22/2009 • • • April 14, 2009 VIA FACSIMILE AND U.S. MAIL Jeffrey R. Bricco DCP Midstream LLP 370 Seventeenth Street Suite 2500 Denver, CO 80202 Re: Letter Agreement Duke Mewbourne Plant Expansion Township 4 North, Range 66 West, 6'h P.M. Section 35: SE/4 Weld County, Colorado Dear Jeffrey R. Bricco: This letter confirms and sets forth the terms of the agreement between Kerr-McGee Oil & Gas Onshore LP ("KMG") and DCP Midstream LLP ("DCP") (collectively the "Parties") concerning the operation of KMG's wells and related facilities proximate to the Duke Mewbourne Plant ("Letter Agreement"). The Parties agreed to execute this Letter Agreement to allow KMG to withdraw its protest of DCP's USR 542 permit while KMG and DCP negotiate a more detailed and definitive surface use agreement. The promises exchanged by both parties to this Letter Agreement are valuable consideration. Accordingly, the Parties agree to the following terms: 1. KMG holds valid and subsisting oil and gas lease rights in the captioned property and operates eight existing wells on the surface owner's property, three of which are impacted by the proposed expansion of the Duke Mewbourne Plant. The three impacted wells and their surface location are noted below ("Impacted Wells"): Lorenz 16-35: SE/4 of Section 35 Lorenz 39-35: SE/4 of Section 35 HSR-Bob 16-35: SE/4 of Section 35 2. KMG's Impacted Wells, associated facilities and equipment, are located within its Oil and Gas Operations Areas, which are designed to include, for each of the wells, a 150 -foot setback from each wellhead and allow KMG to conduct its workover, recomplete, refrac and other well operations in a safe manner. The 150 -foot wellhead setbacks are established and designated pursuant to a surface use agreement with J. Oliver Lorenz and Elma Elizabeth Lorenz, dated April 4, 2006. 3. DCP's proposed expansion of the Duke Mewbourne Plant includes pipelines, fencing and possibly other facilities or equipment that will encroach on KMG's Oil and Gas • • • DCP Midstream LLP April 14, 2009 Page 2 Operations Areas and setbacks. 4. DCP hereby agrees to install two (2), three -hundred -foot (300 foot) sections of removable barbed-wire fence as part of the exterior barbed-wire fence that will encompass the plant, as expanded. The two removable sections of barbed-wire fence will traverse KMG's Oil and Gas Operations Areas, as depicted on Exhibit A to this Letter Agreement, which is incorporated herein by reference. 5. DCP further agrees to bury any and all DCP pipeline that traverses the Oil and Gas Operations Areas to a depth of at least four (4) feet below ground surface. 6. Release: It is expressly understood that DCP, on behalf of its officers, agents, directors, employees, predecessors, successors, assigns and affiliates hereby releases and forever discharges KMG, and its affiliates, general and limited partners and their officers, agents, directors, employees, insurers, contractors and representatives, predecessors, successors, parents, assigns and affiliates from any and all claims, damages, costs, including but not limited to, attorneys' fees and expert witness fees, actions, causes of action, suits, demands, covenants, contracts, or promises of every nature, character and description, known or unknown, arising out of or related in any way to the Impacted Wells regarding or in any way related to encroachment of DCP's Duke Mewbourne Plant on KMG's Oil and Gas Operations Areas, including but not limited to damaged or destroyed pipelines, or any other theory of law, including but not limited to, contract, tort, statutory, and/or regulatory with respect to the Impacted Wells. 7. Indemnity: DCP shall defend, release, indemnify, and hold harmless KMG, its respective affiliates, general and limited partners and their officers, directors, employees, agents, insurers, contractors and representatives and any person or entity not a party to this Letter Agreement (collectively, the "Indemnified Party") from and against all claims, damages, costs, including but not limited to, attorneys' fees and expert witness fees, losses, fines, demands, and causes of action of every kind and character ("Claims") arising out of or in connection with this Letter Agreement, (i) for bodily injury or death incurred by any member of the Indemnified Party or their invitees, or (ii) for property damage or property loss, including environmental damages or losses, incurred by any member of the Indemnified Party of their invitees. THIS INDEMNITY OBLIGATION AND THE LIABILITIES ASSUMED BY THE INDEMNIFYING PARTY SHALL BE WITHOUT REGARD TO THE CAUSE OR CAUSES THEREOF, INCLUDING WITHOUT LIMITATION, A CLAIM CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE (WHETHER SOLE, JOINT, CONCURRENT, ACTIVE, PASSIVE, GROSS OR OTHERWISE) WILLFUL MISCONDUCT, STRICT LIABILTY OR OTHER FAULT, OF ANY MEMBER OF THE INDEMNIFYING GROUP OR THE INDEMNIFIED GROUP, OR WHETHER CAUSED BY A PRE-EXISTING CONDITION ("REGARDLESS OF FAULT"). • • • DCP Midstream LLP April 14, 2009 Page 3 8. After execution of this Letter Agreement by both Parties, KMG and DCP will seek to enter into a final surface use agreement as soon as reasonably possible. 9. Upon execution of the Letter Agreement by both Parties, KMG will withdraw its written protest of DCP's USR 542 Permit that was filed with the Weld County Planning Commission by letter dated March 3, 2009. If DCP agrees that this Letter Agreement accurately reflects the understanding of KMG and DCP, please have the appropriate party sign and date both originals of this Letter Agreement in the space indicated below, return one to KMG in the enclosed self-addressed stamped envelope, and retain one for your files. Do not hesitate to contact me if you have any questions. Sincerely, KERR MCGEE OIL AND GAS ONSHORE L.P. By: Name: Jane Ann Byroad Title: Agent and Attorney -in -Fact cc: Terry Enright AGREED TO AND ACCEPTED THIS DAY OF April 2009: DCP Midstream LLP By: Name: Jeffrey R. Bricco Title: DCP Midstream Project Manager I April 4, 2009 (Deleted: 6 • • • VIA FACSIMILE AND U.S. MAIL I Jeffrey R. Bricco DCP Midstream LLP 370 Seventeenth Street Suite 2500 Denver, CO 80202 Re: Letter Agreement Duke Mewbourne Plant Expansion Township 4 North, Range 66 West, 6th P.M. Section 35: SE/4 Weld County, Colorado Dear,Jeffrey R. Bricco: This letter confirms and sets forth the terms of the agreement between Kerr-McGee Oil & Gas Onshore LP ("KMG") and DCP Midstream LLP ("DCP") (collectively the "Parties") concerning the operation of KMG's wells and related facilities proximate to the Duke Mewbourne Plant ("Letter Agreement"). The Parties agreed to execute this Letter Agreement to allow KMG to withdraw its protest of DCP's USR 542 permit while KMG and DCP negotiate a more detailed and definitive surface use agreement. The promises exchanged by both parties to this Letter Agreement are valuable consideration. Accordingly, the Parties agree to the following terms: 1. KMG holds valid and subsisting oil and gas lease rights in the captioned property and operates&Lilt existing wells on the surface owner's property, three of which are impacted by the proposed expansion of the Duke Mewbourne Plant. The three impacted wells and their surface location are`,noted below ampacted Wells"): Lorenz 16-35: SE/4 of Section 35 Lorenz 39-35: SE/4 of Section 35 HSR-Bob 16-35: SE/4 of Section 35 2. KMG'sjmpacted Wells, associated facilities and equipment, are located within its Oil and Gas Operations Areas, which are designed to include, for each of the wells, a 150 -foot setback from each wellhead and allow KMG to conduct its workover, recomplete, refrac and other well operations in a safe manner. The 150 -foot wellhead setbacks are established and designated pursuant to a surface use agreement with J. Oliver Lorenz and Elma Elizabeth Lorenz, dated April 4, 2006. 3. DCP's proposed expansion of the Duke Mewbourne Plant includes pipelines, fencing and possibly other facilities or equipment that will encroach on KMG's Oil and Gas { Deleted: - .( Deleted: three - Deleted: as • _ •'I Deleted: from the following surface I location { Deleted: Existing { Deleted: Existing • • • DCP Midstream LLP April 4, 2009 Page 2 Operations Areas and setbacks. 4. DCP hereby agrees to install two (2), three -hundred -foot (300 foot) sections of removable barbed-wire fence as part of the exterior barbed-wire fence that will encompass the plant, as expanded. The two removable sections of barbed-wire fence will traverse KMG's Oil and Gas Operations Areas, as depicted on Exhibit A to this Letter Agreement, which is incorporated herein by reference. 5. DCP further agrees to bury any and all DCP pipeline that traverses the Oil and Gas Operations Areas to a depth of at least four (4) feet below ground surface. 6. Release: It is expressly understood that DCP, on behalf of its officers, agents, directors, employees, predecessors, successors, assigns and affiliates hereby releases and forever discharges KMG, and its affiliates, general and limited partners and their officers, agents, directors, employees, insurers, contractors and representatives, predecessors, successors, parents, assigns and affiliates from any and all claims, damages, costs, including but not limited to, attorneys' fees and expert witness fees, actions, causes of action, suits, demands, covenants, contracts, or promises of every nature, character and description, known or unknown, arising out of or related in any way to the ,Impacted Wells regarding or in any way related to encroachment of DCP's Duke Mewbourne Plant on KMG's Oil and Gas Operations Areas, including but not limited to damaged or destroyed pipelines, or any other theory of law, including but not limited to, contract, tort, statutory, and/or regulatory with respect to theelmpacted Wells. 7. Indemnity: DCP shall defend, release, indemnify, and hold harmless KMG, its respective affiliates, general and limited partners and their officers, directors, employees, agents, insurers, contractors and representatives and any person or entity not a party to this Letter Agreement (collectively, the "Indemnified Party") from and against all claims, damages, costs, including but not limited to, attorneys' fees and expert witness fees, losses, fines, demands, and causes of action of every kind and character ("Claims") arising out of or in connection with this Letter Agreement, (i) for bodily injury or death incurred by any member of the Indemnified Party or their invitees, or (ii) for property damage or property loss, including environmental damages or losses, incurred by any member of the Indemnified Party of their invitees. THIS INDEMNITY OBLIGATION AND THE LIABILITIES ASSUMED BY THE INDEMNIFYING PARTY SHALL BE WITHOUT REGARD TO THE CAUSE OR CAUSES THEREOF, INCLUDING WITHOUT LIMITATION, A CLAIM CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE (WHETHER SOLE, JOINT, CONCURRENT, ACTIVE, PASSIVE, GROSS OR OTHERWISE) WILLFUL MISCONDUCT, STRICT LIABILTY OR OTHER FAULT, OF ANY MEMBER OF THE INDEMNIFYING GROUP OR THE INDEMNIFIED GROUP, OR WHETHER CAUSED BY A PRE-EXISTING CONDITION ("REGARDLESS OF FAULT"). [Deleted: 6 Deleted: Existing { Deleted: Existing I • • DCP Midstream LLP Aprilj4, 2009 Page 3 8. After execution of this Letter Agreement by both Parties, KMG and DCP will seek to enter into a final surface use agreement as soon as reasonably possible. 9. Upon execution of the Letter Agreement by both Parties, KMG will withdraw its written protest of DCP's USR 542 Permit that was filed with the Weld County Planning Commission by letter dated March 3, 2009. If DCP agrees that this Letter Agreement accurately reflects the understanding of KMG and DCP, please have the appropriate party sign and date both originals of this Letter Agreement in the space indicated below, return one to KMG in the enclosed self-addressed stamped envelope, and retain one for your files. Do not hesitate to contact me if you have any questions. cc: Terry Enright I AGREED TO ANDtACCEPTED THIS DCP Midstream LLP By: Name: Jeffrey R. Bricco Title: pcp Midstream Project Manager Sincerely, KERR MCGEE OIL AND GAS ONSHORE L.P. By: Name: Jane Ann Byroad Title: Agent and Attorney -in -Fact • [Deleted: 6 [Deleted: Michael A. Nixson DAY OF April 2009: [Deleted: ACCEPTED THIS Deleted: Deleted: Hello