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Home My WebLink About20090058KERR-MCGEE OIL & GAS ONSHORE LP 1099 18'" STREET • DENVER, COLORADO 80202 720-929-6000 December 8, 2008 41 KerrivtGee Weld County Planning Department VIA FACSIMILE AND U.S. MAIL GREELEY OFFICE Weld County Department of Planning Services Attn: Chris Gathman, Planner North Office 918 10th Street Greeley, Colorado 80631 ^FC 112008 RECEIVED Re: High Plains Disposal LLC — Notice of Public Hearing — USR-1677 Township 3 North, Range 66 West, 6th P.M. Sections 24: Part of NE/4, Lots A & B of Recorded Exemption 4049 Weld County, Colorado Dear Mr. Gathmann: This letter is being sent by Kerr-McGee Oil & Gas Onshore LP ("KMG") to inform you that KMG is the owner of valid oil and gas leases underlying all or part of the NE/4 of Section 24, Township 3 North, Range 66 West, for which High Plains Disposal LLC ("HPD") is seeking approval of a Site Specific Development Plan and a Special Review Permit for Oil and Gas Support Facility (Class II - Oilfield Waste Disposal Facility) in the A (Agricultural) Zone District. The property covered in the Special Review is subject to that certain Easement and Surface Use Agreement ("SUA") dated November 28th, 1988, between Maxine Terry (as predecessor in interest to HPD) and Elk Exploration Inc. (as predecessor in interest to KMG), recorded on 01/12/1989 at Reception #02167788 of the records of Weld County. KMG's recorded SUA & 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, 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, PUD, zoning or rezoning, or other action by the County that would impair or preclude its ability to develop its property. KMG currently operates an existing well, the HSR-Escoboza #1-24, adjacent to the property. KMG has discussed with HPD, the necessity for the lands directly surrounding the wellhead to be undisturbed, in order for KMG to conduct ongoing operations on the wellhead. HPD has provided KMG with a map that shows an area surrounding the wellhead to be utilized as an Oil & Gas Operations Area. Provided that the Oil & Gas Operations Area as depicted on Attachment 1 is included on the Final USR Plat, KMG at this time has no objection to the application by HPD for a Use by Special Review. Sincerely, KERR-MCGEE OIL & GAS ONSHORE LP c -- Andrew Voelker Landman cc: High Plains Disposal LLC — Applicant David Bell, Land Manager — Kerr-McGee Oil & Gas Onshore LP A SUBSIDIARY OF ANADARKO PETROLEUM CORPORATION 2009-0058 ] 90990SC'OL6 d Z9C49SC'OL6 • • Cl • Z# 31IS ALN000 013M JNI '1VSOdSIO SNIVid HSIH 1C ""."laa0 wens tee eoe N0S21V3NAd dWVI ihUe NYId 107d ivismens 850 o November, 14th 2008 High Plains Disposal 601 South Main Street Suite 215 Grapevine, Texas 76051 Chris Gathmann Weld County Planning Department 918 10th Street Greeley, CO 80631 Re: Notification of Mineral Estate Owners High Plains Disposal USR-1677 This is to certify that on November 14, 2008 our office mailed, first class via the United States Postal Service, a Notice of Public Hearing for the Weld County Planning Commission meeting on Tuesday, December 16th at 1:30 PM, to each of the parties shown on the attached Updated List of Mineral Owners and Mineral Lessees. A copy of the notice is also attached. If you have any questions, please let me know. • Very truly yours, Andy Cunningham High Plains Disposal • EXHIBIT I CDC, • • CREWS & ZEREN LLC Oil and Gas Title Services P.O. Box 336337 Greeley, CO 80633-0606 (970) 351-0733 Fax (970) 351-0867 LIST OF MINERAL OWNERS AND MINERAL LESSEES (Cruickshank Property) Subject Property: Township 3 Section 24: North. Range 66 West. 6th P.M., Weld County. CO Lots A and B of Recorded Exemption No. 1211 -24 -1 -RE 4049, recorded June 24, 2005 at Reception No. 3316276, being a part of the EY2EY2 of said Section 24 Crews & Zeren LLC, an oil and gas title research company, states that to the best of its knowledge the following is a true and accurate list of the names and addresses of the mineral owners and mineral leasehold owners having an interest in the Subject Property based upon the real property records of Weld County, Colorado, as verified through October 27, 2008 at 7:45 a.m.: Mineral Owners: Louis A. Oswald, Ill, Trustee of The Oswald Family Trust, dated April 27, 1998 P.O. Box 36157 Denver, CO 80236-0157 Jonathan S. Roderick, Trustee of the Jonathan S. Roderick Living Trust dated February 8,-2007 P.O. Box 7961 Boulder, CO 80306 Alma L. Tisher and Kelly B. Tisher P.O. Box 533 Littleton, CO 80160 Pumpkin Buttes LLC P.O. Box 1989 Casper, WY 82602 The Esperanza Corporation 47517' Street, Suite 980 Denver, CO 80202 John C. Wallace 200 Pine Avenue, Suite 403 Long Beach, CA 90802 Thomas C. Wallace 1265 South High Street Denver, CO 80209 George W. Clay, IV and Dana D. Clay 2713 FM 368 South Iowa Park, TX 76367 Old West Tours . c/o Ken M. Welshimer 601 16th Street, Suite C153 Golden, CO 80401 Page 1 of 3 • • Gary J. Carr 1012 Pamona West The Dalles, OR 97058 Ricky J. Carr 210 NW 11th Street Hermiston, OR 97838 Marc J. Carr 1012 Pamona West The Dalles, OR 97058 Lawrence E. Terry, Jr. 706 J Street Springfield, OR Russell C. Terry 937 NW Madras Highway Prineville, OR "97754 Willard H. Terry 160 Howard Avenue Eugene, OR 97404 Henry A. Terry 937 NW Madras Highway Prineville, OR 97754 Kerr-McGee Oil & Gas Onshore, LP 1099 18°i Street, Suite 1500 Denver, CO 80202 Mineral Leasehold Owners: Kerr-McGee Oil & Gas Onshore, LP 1099 18`h Street, Suite 1500 Denver, CO 80202 ATTN: Land MangerfWattenbert Dated this 13th day of November, 2008. CREWS & ZEREN LLC By: ynthia A. E. ren, CPL Ce ified Professional Landman #4044 Page 2 of 3 Limitation of Liability and indemnification: By acceptance and use of this list, the client and its agents agree to all of the following: William G. Crews ("Crews') and Cynthia A, E. Zeren.("Zeren") are Certified Professional Landmen certified by the American Association of Petroleum Landinen who have been asked by Client or Client's agent to provide listings of mineral estate owners entitled to notice pursuant to §§ 24-65.5-103 or 31-23-215, C.R.S., as provided under the Surface Development Notification Act, Colorado Revised Statutes §24-65.5-101 of seq. Such lists will be prepared by Crews or Zeren, although the Client's contract is with, and ail payments are due to, Crews & Zeren, Lt_C ("C&Z"), a Colorado limited liability company of which Crews and Zoren are the only members. Neither Crews nor Zeren is an attorney licensed to practice law. Crews and Zeren have agreed to prepare listings of mineral estate owners for the Client only if the Client agrees that the liability of Crews, Zeren and C&Z in connection with such services shall conclusively be limited to the amount paid by the Client to C&Z for such services. Crews, Zeren and C&Z make no warranty, express, implied or statutory, in connection with the accuracy, completeness or sufficiency of any such listing of mineral estate owners. In the event any such listing proves to be inaccurate, incomplete, Insufficient or otherwise defective In any way whatsoever or for any reason whatsoever, the liability of Crews, Loren and C&Z shall never exceed the actual amount paid by Client to C&Z for such listing. In order to induce Crews, Zeren and C&Z to provide such services, Client does hereby agree to indemnify and hold Crews, Zeren and C&Z harmless from and against all claims by all persons (including but not limited to Client) of whatever kind or character arising out of the preparation and use of each such listing of mineral estate owners, to the extent that such claims exceed the actual amount paid by Client to C8Z for such listing. Client specifically intends that both the foregoing limitation on liability and the foregoing indemnification shall be binding and effective without regard to the cause of the claim, Inaccuracy or defect, including but not limited to, breach of representation, warranty or duty, any theory of tort or of breach of contract, or the fault or negligence of any party (including Crews, Zeren and C&Z) of any kind or character (regardless of whether the fault or negligence is sole, joint, concurrent, simple or gross). Page 3 of 3 i November 14th, 2008 Notice of Public Hearing — USR-1677 Pursuant to the applicable ordinances of the Weld County, Colorado and the applicable statutes of the State of Colorado, notice is hereby given to you, as a Mineral Estate Owner (as such is defined in CRS §24-65.5-102) under the Lots A&B of Recorded Exemption 4049 located in part of the NE 1/4 of Section 24 Township 3N, Range 66W of the 6th P.M., that the Weld County Planning Commission will consider the application for a use by special review for an oil and gas support facility (class It oil field waste facility), Case USR-1677, at the meeting of the Weld County Planning Commission on Tuesday, December 16th at 1:30 PM in the Hearing Room, Southwest Weld Planning Department 4209 County Road 24.5 Longmont, CO. 80504. • S High Plains Disposal LLC, is the applicant. Please address any questions to Andy Cunningham at 601 South Main Street Suite 215, Grapevine Texas 76051. Very truly yours, r Andy Cunningham 601 South Main Street Ste 215 Grapevine, Texas 76051 cc: Weld County Planning Department Hello