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Home My WebLink About20091071.tiffKERR-MCGEE GATHERING LLC 1099 18'" STREET • DENVER, COLORADO 80202 720-929-6000 <'1 KerrlVtGee April 15, 2009 Weld County Planning Department AT N: Jacqueline Hatch Southwest Office 4209 CR 24.5 Longmont, CO 80504 Re: HP Farms Holding LLC USR - Pioneer USR - 1690 Township 2 North, Range 65 West, 6th P.M. Section 12: Part of the SE/4 Weld County, Colorado Dear Ms. Hatch: The purpose of this letter is to inform you that Kerr-McGee Gathering LLC's oil and gas rights may be adversely affected by the expansion of HP Farms Holding LLC recently proposed by Weld County. Kerr-McGee owns easements and rights -of -way on the Property within which it has buried high pressure natural gas pipelines and a network of natural gas gathering lines. Care must be taken to insure that uses of the surface estate approved by Weld County above or near these pipelines and gathering lines are consistent with both public safety and Kerr-McGee's legal rights of use. Please contact Pete Dokken at 720.929.6556 if you have any questions or comments about this matter. I am attaching a copy of our General Guidelines and Construction Activities On or Near Kerr-McGee Gathering LLC Pipelines and Related Facilities. Sincerely, Kerr-McGee Gat Land Admin Specialist II 2009-1071 A SUBSIDIARY OF ANADARKO PETROLEUM CORPORATION EXHIBIT ND us -Iwo • • • HP Farms Holding LLC — USR 1690 April 15, 2009 Page 2 Attachment cc: HP Farms Holding LLC — Applicant Kevin Osif — Kerr-McGee Gathering LLC Matthew Miller - Kerr-McGee Oil & Gas Onshore LP 4l] KerrNtGee . General Guidelines for Design and Construction Activities On or Near Kerr- McGee Gathering LLC and Kerr - McGee Oil & Gas Onshore LP Pipelines and Related Facilities This list of design, construction and contractor requirements, including but not limited to the following, is for the design and installation of foreign utilities or improvements on Kerr McGee Gathering LLC (KMG) right-of-way (ROW). These are not intended to, nor do they waive or modify any rights KMG may have under existing easements or ROW agreements. For information regarding KMG's rights and requirements as they pertain to the existing easements, please reference existing easements and amendments documents. This list of requirements is applicable for KMG facilities on easements and in road rights of ways only. Encroachments on fee property should be referred to the Land & ROW Department. Any reference to KMG in the below requirements is meant to include and apply to any Kerr McGee entity. • Design • KMG shall be provided sufficient prior notice of planned activities involving excavation, blasting, or any type of construction on KMG's ROW or near its facilities. This is to determine and resolve any location, grade or encroachment problems and allow for the protection of KMG's facilities and the general public. This prior notification is to be made before the actual work is to take place. • The encroaching entity shall provide KMG with a set of drawings for review and a set of final construction drawings showing all aspects of the proposed facilities in the vicinity of KMG's ROW. The encroaching entity shall also provide a set of 'as -built drawings" and submit to KMG, showing the facilities in the vicinity of KMG's ROW upon completion of the work. Only facilities shown on drawings reviewed by KMG will be approved for installation on KMG's ROW. All drawing revisions that affect facilities proposed to be placed on KMG's ROW must be approved by KMG in writing. KMG shall approve the design of all permanent road crossings. • Any repair to surface facilities following future pipeline maintenance or repair work by KMG on it's "prior rights' ROW will be at the expense of the developer or landowner. In addition, any repair to surface facilities following future pipeline maintenance or repair work by KMG on replacement ROW granted to relocate KMG facilities will also be done at the expense of the developer or landowner unless expressly addressed in surface use agreements and approved in writing by KMG. The depth of cover over the KMG pipelines shall not be increased or reduced nor surface modified for drainage without KMG's written approval. Construction of any permanent structure within KMG pipeline easement is not permitted without written approval by KMG. Planting of shrubs and trees is not permitted on KMG pipeline easement without written approval by KMG. Irrigation equipment i.e. backflow prevent devices, meters, valves, valve boxes, etc. shall not be located on KMG easement without written approval by KMG. Foreign utility installations, IE, distribution gas, oil and gas gathering, water, electric, telephone, cable and sewer lines, etc., may cross perpendicular to KMG's pipeline within the ROW, provided that a minimum of eighteen inches (18") of vertical clearance is maintained between KMG pipeline(s) and the foreign utility. Any installation by a foreign utility with less than 18° of vertical separation is not allowed without written approval by KMG. In no case will vertical separation be less than 12° whether written or not. Constant line elevations must be maintained across KMG's entire ROW width, gravity drain lines are the only exception and must be approved in writing. Foreign line crossings below the KMG pipeline must be evaluated by KMG to ensure that a significant length of the KMG line is not exposed and unsupported during construction. Foreign line crossings above the KMG pipeline with less than 18" of clearance must be evaluated by KMG to ensure that additional support is not necessary to prevent settling on top of the KMG natural gas pipeline. A KMG representative must be on site during any crossing activities to verify clearance depths and to assure the integrity and support of the KMG facility. All installations of foreign crossings done by boring and or jacking require the KMG facility to be exposed to verify clearances. • Foreign utilities shall not run parallel to KMG pipelines within the KMG easement without written permission by KMG. A minimum of 10.0 feet of horizontal separation must be maintained in parallel installations whether the foreign utility is placed within the KMG easement or adjacent to the KMG easement. Any deviation from the 10.0' horizontal requirement must be approved in writing by KMG and an "as built survey" provided to KMG after installation. Page 1 of 4 Revision 3/01/2004 • • �1] KerrNtGee General Guidelines for Design and Construction Activities On or Near Kerr- McGee Gathering LLC and Kerr - McGee Oil & Gas Onshore LP Pipelines and Related Facilities • The foreign utility should be advised that KMG maintains cathodic protection on its pipelines and facilities. The foreign utility must coordinate their cathodic protection system with KMG's. At the request of KMG, foreign utilities shall install (or allow to be installed) cathodic protection test leads at all crossings for the purposes of monitoring cathodic protection interference. The KMG CP technician and the foreign utility CP technician shall perform post construction CP interference testing. Interference issues shall be resolved by mutual agreement between foreign utility and KMG. All costs associated with the correction of cathodic protection interference issues on KMG pipelines as a result of the foreign utility crossing shall be borne by the foreign utility for a period of one year from date the foreign utility is put in service. • The developer shall understand that KMG whether specifically required per federal law, or by company standard, will mark the routing of it's underground facilities with aboveground pipeline markers and test leads and maintain those markers and test leads. Markers will be installed at every point the pipeline route changes direction and adequate markers will be installed on straight sections of pipeline to insure, in the sole opinion of KMG, the safety of the public, contractor, KMG personnel and KMG facilities. On all foreign utility crossings and / or encroachments, metallic foreign lines shall be coated with a suitable pipe coating for a distance of at least 10 feet on either side of the crossing. • AC Electrical lines must be installed in conduit and properly insulated. • On all foreign pipelines, DOT approved pipeline markers shall be installed so as to indicate the route of the foreign pipeline across the KMG ROW. No power poles, light standards, etc. shall be installed in the KMG easement without written approval by KMG. • KMG installs above ground appurtenances at various locations that are used in the operation of its facilities. Kerr McGee will install protective enclosures at the above ground appurtenances to protect them from outside damage. The design and placement of these above ground appurtenances and protective enclosures is done at KMG's sole discretion, and may exceed any regulatory requirements. Construction • If KMG will be relocating KMG facilities for any entity, grading in the new KMG ROW shall be +/- 6 inches before KMG will mobilize to complete the relocation. Final cover after the completion of the project will not be less than 48" nor more than 72'. All cover that exceeds 72" or less than 48" will be approved in writing by KMG. Cover during all construction activities will NEVER be less than 36" unless approved in writing and a KMG representative is on site during the time cover is reduced. • The entity requesting relocation shall survey top of pipe after installation but before backfill to determine proper final elevation of KMG facilities. The entity requesting relocation is solely responsible for the final depth of cover over the relocated KMG facility. Any deviation from cover requirements as outlined above will be corrected at the sole expense of the entity requesting relocation. • Contractors shall be advised of KMG's requirements and be contractually obligated to comply. • The continued integrity of KMG's pipelines and the safety of all individuals in the area of proposed work near KMG's facilities are of the utmost importance. Therefore, contractor must meet with KMG representatives prior to construction to provide and receive notification listings for appropriate area operations and emergency personnel. KMG's on -site representative will require discontinuation of any work that, in his or her opinion, endangers the operations or safety of personnel, pipelines or facilities. • The Contractor must expose all KMG pipelines prior to crossing to determine the exact alignment and depth of the lines. A KMG representative must be present. • The use of probing rods for pipeline locating shall be performed by KMG representatives only, to prevent unnecessary damage to the pipeline coating. A KMG representative shall do all line locating. • Notification shall be given to KMG at least 72 hours before start of construction. A schedule of activities for the duration of the project must be made available at that time to facilitate the scheduling of KMG's work site representative. Any Contractor schedule changes shall be provided to KMG immediately. Page 2 of 4 Revision 3/01/2004 • • • 4l] Kerr'vtGee General Guidelines for Design and Construction Activities On or Near Kerr- McGee Gathering LLC and Kerr - McGee Oil & Gas Onshore LP Pipelines and Related Facilities Heavy equipment will not be allowed to operate directly over KMG pipelines or in KMG ROW unless written approval is obtained from KMG. Heavy equipment shall only be allowed to cross KMG pipelines at locations designated by KMG. Haul roads will be constructed at all crossings. The haul roads will be constructed using lightweight equipment. The existing depth of cover over the pipeline must be verified. Cover will be added such that a total of 8' of fill exists over the pipeline and extends a minimum of 10' on each side of the pipeline. Depth of cover will then taper as required for equipment access. Steel plates may be used for load dissipation only if approved in writing by KMG. Contractor shall comply with all precautionary measures required by KMG,at it's sole discretion to protect its pipelines. When inclement weather exists, provisions must be made to compensate for soil displacement due to subsidence of tires. Excavating or grading which might result in erosion or which could render the KMG ROW inaccessible shall not be permitted unless the contractor agrees to restore the area to its original condition and provide protection to KMG's facility. At no time will cover be reduced to less than 36" without written approval by KMG and a KMG representative on site. A KMG representative shall be on -site to monitor any construction activities within twenty-five (25) feet of a KMG pipeline or aboveground appurtenance. The contractor shall not work within this distance without a KMG representative being on site. Contractor shall use extreme caution and take any appropriate measures to protect KMG facilities. Ripping is only allowed when the position of the pipe is known and not within ten (10) feet of KMG facility. KMG personnel must be present. • Temporary support of any exposed KMG pipeline by Contractor may be necessary if required by KMG's on -site representative. Backfill below the exposed lines and 12" above the lines shall be replaced with sand or other selected material as approved by KMG's on -site representative and thoroughly compacted in 12" lifts to 95% of standard proctor dry density minimum or as approved by KMG.'s on -site representative. This is to adequately protect against stresses that may be caused by the settling of the pipeline. No blasting shall be allowed within 1000 feet of KMG's facilities unless blasting notification is given to KMG Including complete Blasting Plan Data. A pre -blast meeting shall be conducted by the organization responsible for blasting. KMG shall be indemnified and held harmless from any loss, cost of liability for personal injuries received, death caused or property damage suffered or sustained by any person resulting from any blasting operations undertaken within 500 feet of its facilities. The organization responsible for blasting shall be liable for any and all damages caused to KMG's facilities as a result of their activities whether or not KMG representatives are present. KMG shall have a signed and executed Blasting Indemnification Agreement before authorized permission to blast can be given. No blasting shall be allowed within 200 feet of KMG's facilities unless blasting notification is given to KMG a minimum of one week before blasting. The organization responsible for blasting must complete Blasting Plan Data. KMG shall review and analyze the blasting methods. A written blasting plan shall be provided by the organization responsible for blasting and agreed to in writing by KMG. A written emergency plan shall be provided by the organization responsible for blasting. KMG shall have a signed and executed Blasting Indemnification Agreement before authorized permission to blast can be given. A pre -blast meeting shall be conducted by the organization responsible for blasting. Any contact with any KMG facility, pipeline, valve set, etc. shall be reported immediately to KMG. If repairs to the pipe are necessary, they will be made and inspected before the section is re -coated and the line is back -filled. • KMG personnel shall install all test leads on KMG facilities. Local Kerr-McGee Gathering LLC Representation: Manager of Construction & Facilities Engineering: Kevin R. Osif, P.E. Facilities Engineer: Joseph E. Sanchez, P.E. Foreman 1: James Phillips Foreman 1: Rick Noffsinger Phone: 303 655 - 4307 Phone: 303 655 - 4319 Phone: 303 655 - 4343 Phone: 303-655 - 4326 Page 3 of 4 Revision 3/01/2004 • • k1] KerrNtGee General Guidelines for Design and Construction Activities On or Near Kerr- McGee Gathering LLC and Kerr - McGee Oil & Gas Onshore LP Pipelines and Related Facilities Emergency Contacts: On call supervisor Kerr McGee 24 hour emergency number One Call Emergency Phone: 303-559 - 4001 Phone: 303-859 - 5922 Phone: 800-922 -1987 Page 4 of 4 Revision 3/01/2004 KERR-MCGEE GATHERING LLC April 20, 2009 Weld County Planning Department Attn: Jacqueline Hatch Southwest Office 4209 CR 24.5 Longmont, CO 80504 1099 18T" STREET • DENVER, COLORADO 80202 720-929-6000 4'! KerrNtGee RE: HP Farms Holdings LLC USR - Pioneer USR - 1690 SE/4 of Section 12, Township 2 North, Range 65 West, 6`h PM Weld County, Colorado To Whom It May Concern: Regarding our letter of concern to you, dated April 15, 2009, upon further review we have determined that Kerr-McGee Gathering LLC will not be adversely affected by the HP Farms Holdings LLC USR - Pioneer development. Thank you for your cooperation in this matter. If you have any questions or comments, please contact Pete Dokken at 720-929-6556. Sincerely, Kerr-McGee Gatti kshlySmi-th Land Admin Specialist If EXHIBIT I E use -1440 A SUBSIDIARY OF ANADARKO PETROLEUM CORPORATION BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS April 26, 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, Jacqueline Hatch-Drouillard, 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 USR-1690 IN THE AGRICULTURAL ZONE DISTRICT. Jacqueline Hatch-Drouillard Name of Person Posting Sign — Jacqueline Hatch-Drouillard • STATE OF COLORADO ) ss. COUNTY OF WELD c J� ,_!Jn Signature of Person Posting Sign The foregoing instrument was subscribed and sworn to me this „ -day of WITNESS my hand and official seal. My Comm'issioR: xo re 1.0-1.4-2011 My Commission Expires: , 2009. d Hello