HomeMy WebLinkAbout20091012BOARD OF COUNTY COMMISSIONERS' SIGN POSTING
CERTIFICATE
THE LAST DAY TO POST THE SIGN IS APRIL 17, 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 A SPECIAL
REVIEW PERMIT FOR MINERAL RESOURCE DEVELOPMENT INCLUDING A CONCRETE
BATCH PLANT, RECYCLED CONCRETE AND GRAVEL MINING FACILITY AND THE
IMPORTATION OF MINERAL RESOURCE MATERIAL FROM USR-1608 HOLTON LAKES IN THE
A (AGRICULTURAL) ZONE DISTRICT.
KIM OGLE
Name of Person Posting Sign
Ct•tti.
Signe of Person Posting Sign
STATE OF COLORADO
ss.
COUNTY OF WELD
The foregoing instrument was subscribed r i to me thi
WITNESS my hand and official seal. pt O -(N
4oTA,pk, \ 's
Notary Public
My Commission Expires
ON- .-.01
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76,O..F......
CO'
day of , IIIh
, 2009.
EXHIBIT
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2009-1012
KERR-MCGEE GATHERING LLC 1099 18` STREET • DENVER. COLORADO 80202
720-929-6000
'<1J KerrlvrGee
April 15, 2009
Weld County Planning Department
ATTN: Kim Ogle
918 10'h Street
Greeley, CO 80631
Weld County Planning Department
GREELEY OFFICE
APR 16?0ng
RECEIVED
Re: RMCC Morton Property — USR 1682`
A Site Specific Development Plan and Use by Special Review Permit for
Mineral Resouce Development Facilities
Township 1 North, Range 67 West, 6th P.M.
Section 12: NE/4 and Section 1: SE/4
Weld County, Colorado
Dear Ms. Ogle:
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 RMCC Morton Property recently proposed by
Weid 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 Gathering LLC
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Ashl7Smith
Land Admin Specialist II
EXHIBIT
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A SUBSIDIARY OF ANADARKO PETROLEUM CORPORATION
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RMCC Morton Property — USR 1682
April 15, 2009
Page 2
Attachment
cc: Ready Mixed Concrete Company — Applicant
Kevin Osif— Kerr-McGee Gathering LLC
Matthew Miller - Kerr-McGee Oil & Gas Onshore LP
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k1] KerrltkGee
General Guidelines for Design and Construction Activities On or Near
err- McGee Gathering LLC and Kerr - McGee Oil & Gas Onshore LP
lulbipelines 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.
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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
4'! KerrNtGee
General Guidelines for Design and Construction Activities On or Near
err- McGee Gathering LLC and Kerr - McGee Oil & Gas Onshore LP
ipelines 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.
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• 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
41J K rr/titGee
General Guidelines for Design and Construction Activities On or Near
wPerr- McGee Gathering LLC and Kerr - McGee Oil & Gas Onshore LP
ipelines 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.
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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
41, 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
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Phone: 303-559-4001
Phone: 303-659-5922
Phone: 800-922-1987
Page 4 of 4 Revision 3/01/2004
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4,1! KerrNtGee
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KEITH M. CROUCH
SENIOR COUNSEL
April 22, 2009
VIA FACSIMILE and U.S. MAIL
Mr. Kim Ogle, Planning Manager
Weld County Planning Services
918 Tenth Street
Greeley, CO 80631
Re: Morton Lakes
Ready Mix Concrete Company -Applicant
Township 1 North, Range 67 West, 6th P.M.
Section 12: NE/4 and Section 1: SE/4 ("Property')
Kerr-McGee Oil & Gas Onshore LP
1099 18' STREET, SUITE 1800
P.O. Box 173779
DENVER. CO 8017-3779
720-929-6000 FAX 720-929-7161
E-MAILI KEITH.cRoucH@anadarkc.com
Weld County Planning Department
GREELEY OFFICE
1°R ?3?pnq
EC ED
Dear Mr. Ogle:
This letter is a follow-up to our conference call this afternoon regarding Kerr-McGee Oil
& Gas Onshore LP's ("KMG") and Kerr-McGee Gathering LLC's (KMG Gathering) written
comments objecting to Ready Mix Concrete Company's ("Ready Mix" or the "Applicant")
Request for Site Specific Development Plan and Special Use Permit, noted above. On December
16, 2008, KMG filed written comments objecting to the Applicant's special use permit.
Subsequent to KMG filing its written objection, Kerr-McGee Gathering LLC (KMG Gathering)
filed a separate objection to application due to the potential impact of Ready Mix's proposed
expansion on KMG Gathering's easements and rights of way on the Property. KMG and KMG
Gathering are separate companies, but both are subsidiaries of Anadarko Petroleum Corporation.
KMG and KMG Gathering prefer to have a Surface Use Agreement executed by the
parties prior to final approval from the Commission. As noted in KMG's follow-up letter on
April 6, 2009, KMG has been working with the Applicant to negotiate a mutually acceptable
Surface Use Agreement. At that time, KMG agreed with Weld County's recommended language
for approval of the special use permit. KMG Gathering also supports Weld County's approval
language as long as such language is expanded to include KMG Gathering, as noted below:
The applicant shall either submit a copy of an agreement with the property's mineral
owner/operators (Kerr-McGee Oil & Gas Onshore LP and Kerr-McGee Gathering LLC)
stipulating that the oil and gas activities have been adequately incorporated into the
design of the site or show evidence that an adequate attempt has been made to mitigate
the concerns of the mineral owner/operators.
See Special Review Permit. Administrative Review, Para. 2j.
EXHIBIT
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Mr. Kim Ogle, Planning Manager
April 22, 2009
Page 2
With the revision noted above, KMG and KMG Gathering fully support Weld County's
proposed permit conditions and will work diligently with the Applicant to reach a mutually
acceptable surface use agreement in the near future.
Please contact me at 720-929-6161 or Sherry Burscy at 720-929-6584 if you have any
questions or comments regarding this matter.
Keith M. Crouch
Senior Counsel
Cc: John Butera — Kerr-McGee Oil & Gas Onshore LP
Peder Dokken — Kerr-McGee Gathering LLC
Michael Hart — Hart Environmental
Jeffrey Schwarz - Carver Kirchhoff Schwarz McNab & Bailey, LLC
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HART ENVIRONMENTAL.
PO. Bo,: ; '.tor Boulder, Colorado co tnc,
Mr. Kim Ogle
Weld County Department of Planning Services
918 10`h Street
Greeley. CO 8063 I
RE: Morton Lakes USR Application USR 1682
Dear Kim:
l'hour: .tt!a. I I
April 22, 2009
As we have discussed previously, the current state of the Colorado economy,
coupled with the lengthy list of conditions that must be addressed prior to recording the
plat, will prevent Ready Mixed Concrete Company (RMCC) from complying with Weld
County's requirement that, "The completed plat shall be delivered to the Weld County
Department of Planning Services and be ready for recording in the Weld County Clerk
and Recorders Office within 60 days of approval by the Board of County
Commissioners."
As an alternative, RMCC asks that the 60 day deadline be extended to 180 days
with the understanding that it may be necessary to seek additional time extensions.
Weld County can be assured that RMCC is committed to recording the Morton
Lakes plat as soon as possible given the current state of the economy.
Please do not hesitate to call me with any questions regarding this letter.
Sincerely,
Michael J. (Mike) Hart
Cc: Bill Timmons, Ready Mixed Concrete Company
EXHIBIT
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