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Home My WebLink About20091463.tiffApril 8, 2009 1727 41.sl Street NE Anamoose ND 58710 TO: Chris Gatham RE: USR Proposal AmUSR-1105 Dear Mr. Gatham, Wolff County Planning Department GREELEY OFFICE APR 117nnq RECEIVED I am writing to urge approval of the proposed AmUSR-1105. The present Great Guns facility is very well run, and is an asset to all of Weld County. Great Guns provides a safe place for shooters to practice their sport. It is conveniently located and well managed. Use of Great Guns by residents of surrounding counties brings commerce to Weld County, as the shooters buy gas, food and supplies. Furthermore, as a Weld County property owner, we believe that having this facility available reduces trespass and illegal use of, and property damage to, both privately and publicly owned land. Recreational shooting is safe and provides a fun outdoor activity for families to enjoy together, while teaching responsibility and a love of the outdoors to our children. Great Guns provides a venue to pass hunting and shooting traditions down to the next generation. I know that Weld County oversight will assure that proposed additions to Great Guns will be properly and safely built, and it is apparent to me that Great Guns will continue to be an asset to Weld County. Sincerely, Greg Reeves 0)4t Patty EXHIBIT (,.A 2009-1463 MOLLY SOMMERVILLE BUCHANAN, P.C. • Molly S. Buchanan msb@msbuchananlaw.com • • May 26, 2009 Via E -Mail and Federal Express Chris Gathman Weld County Planning Department 915 10th Street Greeley, Colorado 80631 Re: Gun Club/ Berndt Property AmUSR-1105 Township 8 North, Range 66 West Section 11: NW/4; W/2NE/4 Weld County, Colorado Dear Chris: 1580 Lincoln Street, Suite 700 Denver CO 80203 Telephone: 303.825.0416 Fax: 303.825.3202 We understand that Weld County has received an application for an amendment to a special use permit from Kelly and Annie Berndt ("Applicants") for property in Weld County that includes portions of the NW/4 and W/2NE/4 of Section 11, Township 8 North, Range 66 West ("Property"). This law firm represents Anadarko E&P Company LP ("Anadarko E&P") and Anadarko Land Corp. ("Anadarko Land") with respect to applications for development that the Applicants file with the County that include the Property. Anadarko Land and Anadarko E&P together own all mineral interests that underlie the Property. Please find enclosed a letter dated May 26, 2009 entitled "Notice of Oil and Gas Interests owned by Anadarko Land Corp. and Anadarko E&P Company LP and Objection" which we ask that you provide to the Planning Commission and the Board of County Commissioners to be made a part of the record in the proceedings. Please send notices of future hearings on applications filed in connection with this matter pursuant to C.R.S. § 31-23-215, C.R.S. § 24-6-402 (7) and C.R.S. § 24-65.5-101, et. seq. to the Anadarko entities as follows: • • • Chris Gathman May 26, 2009 Page 2 me. Anadarko E&P Company LP Attention: Andrew Voelker 1099 18th Street, Suite 1800 Denver, Colorado 80202 Thank you for your consideration in this matter. If you have any questions, please call Best regards, Molly Buchanan MSB Enclosure cc: Marla Jones, Esq. Andrew Voelker Duane Haley Don Ballard Gary Green/ Rubicon Oil & Gas II, LP Kelly and Annie Berndt • • • MOLLY SOMMERVILLE BUCHANAN, P.C. Molly S. Buchanan msb@msbuchananlaw.com Via E -Mail and Federal Express Members of the Board of County Commissioners for Weld County 915 10th Street Greeley, Colorado 80631 1580 Lincoln Street, Suite 700 Denver CO 80203 Telephone: 303.825.0416 Fax: 303.825.3202 May 26, 2009 Members of the Planning Commission for Weld County 915 10th Street Greeley, Colorado 80631 NOTICE OF OIL AND GAS INTERESTS OWNED BY ANADARKO LAND CORP. AND ANADARKO E&P COMPANY LP AND OBJECTION Re: Gun Club/ Berndt Property AmUSR-1105 Township 8 North, Range 66 West Section 11: NW/4; W/2NE/4 Weld County, Colorado Ladies and Gentlemen: This law firm represents Anadarko Land Corp. ("Anadarko Land") and Anadarko E&P Company LP ("Anadarko E&P") with respect to the application that has been filed with Weld County ("County") by Kelly and Annie Berndt ("Applicants") for the approval of an amendment to a special use permit application for property in Weld County described as portions of the NW/4 and W/2NE/4 of Section 11, Township 8 North, Range 66 West ("Property") and also for subsequent applications for development that include the Property. Anadarko Land and Anadarko E&P together own the mineral interests that underlie the Property. The Anadarko Entities hereby give notice to the County of the oil and gas interests they own under the Property and wish to make the County aware that the approval of a final application for development for the Property may significantly impact the prospective development of the oil and gas interests they own under the Property. The Anadarko Entities object to the approval of a final application for development until an agreement on surface use for the oil and gas has been reached between the Anadarko Entities and the Applicant. • • • Members of the Board of County Commissioners and the Planning Commission for Weld County May 26, 2009 Page 2 This objection applies only to the oil and gas interests that the Anadarko Entities own for the Property; it does not apply to the hard rock mineral interests that Anadarko Land owns for the Property. The following are comments in support of this Notice and Objection: 1. The Oil and Gas Interests Owned by the Anadarko Entities. Anadarko E&P and Anadarko Land together own all of the oil and gas that underlies the Property. Anadarko E&P or a predecessor company has entered into an exploration agreement with Rubicon Oil & Gas II, LP ("Rubicon") pursuant to which Rubicon has the right to drill oil and gas wells on the Property and earn an oil and gas lease. Current Colorado Oil and Gas Conservation Commission rules and regulations provide for four drilling windows in a quarter section where the Property is located, one in the center of each quarter quarter section. 2. There is Clear Statutory Authority and Direction for the County to Take Into Account the Rights of Mineral Interest Owners in Its Consideration of Applications for Development. The State of Colorado recognizes the important rights of mineral owners and lessees in C.R.S. § 30-28-133(10) which states and acknowledges that both the mineral estate and the surface estate are interests in land and that the two interests are "separate and distinct." The subsection specifically recognizes that the owners of subsurface mineral interests and their lessees have "the same rights and privileges as surface owners." Further, C.R.S. § 24-65.5-101 et. seq. requires that applicants for development approvals give notice to mineral estate owners of hearings to be held before local jurisdictions on applications for development and further requires that the developer certify that he has given the required notice as a condition to the approval of the application by the local jurisdiction. 3. Owners of Split Estates Must Exercise Their Rights in a Way that Gives Due Regard to the Rights of the Other. Colorado case law provides that the mineral owner has the right of reasonable access to and use of the surface estate to extract minerals,! and case law and Colorado statutes provide that iSee Frankfort Oil Company v. Abrams 413 P.2d 190 (Colo. 1966). Note also Gerrity Oil & Gas Corporation v. Magness 946 P.2d 913 (Colo. 1977), which discusses in a footnote on page 927 the principle that the owners of both estates must exercise their rights in a manner consistent with one another. • • to Members of the Board of County Commissioners and the Planning Commission for Weld County May 26, 2009 Page 3 each of the mineral estate owner and the surface estate owner are to give due regard to the rights of the other and reasonably accommodate each others rights. Union Pacific Railroad Company gave a deed to Robert Boyd dated April 11, 1907 and recorded in Book 233 at Page 87 in which it reserved the minerals for the Property. Union Pacific Railroad Company granted the minerals to Union Pacific Land Resources Corporation by quitclaim deed dated April 1, 1971 and recorded on April 14, 1971 in Book 644 at Reception No. 1565712. Applicants had record notice at the time they acquired their interests in the Property that the minerals for the Property were severed from the surface estate and that they received less than the entire interest in the Property. 5. The Anadarko Entities Have Entered into Many Agreements with Developers With Respect to the Development of the Oil and Gas Interests at the Time the Developer Proposes to Develop the Surface Estate, and the Public Interest is Served by the Parties Entering into Such an Agreement. The Anadarko Entities have extensive mineral interests throughout Colorado where the surface estate and the mineral estate have been severed. The Anadarko Entities have worked with many parties who wish to develop the surface estate in order to assure the compatible development of the surface and the oil and gas interests. The Anadarko Entities wish to work with the Applicants in the same manner that they have worked with other developers. A representative for Anadarko has initiated discussions with the Applicants to reach an agreement with them; however, because the parties have not reached an agreement to date, the Anadarko Entities object to the application and request that the County make any approval of a final application for development for the Property conditioned upon agreements between the Anadarko Entities and the Applicants. Very truly yours, 7 - Molly Sommerville Buchanan MB cc: Marla Jones, Esq. Andrew Voelker Duane Haley Don Ballard Gary Green/ Rubicon Oil & Gas II, LP Kelly and Annie Berndt MOLLY SOMMERVILLE BUCHANAN, P.C. • • • Molly S. Buchanan msb@msbuchananlaw.com May 26, 2009 Via e-mail and Federal Express Chris Gathman Weld County Planning Department 918 10`h Street Greeley, Colorado 80631 Re: Gun Club/Berndt Property AmUSR-1105 Township 8 North, Range 66 West Section 11: NW/4; W/2NE/4 Weld County, Colorado Dear Chris: 1580 Lincoln Street, Suite 700 Denver CO 80203 Telephone: 303.825.0416 Fax: 303.825.3202 This law firm represents Anadarko Land Corp., ("Anadarko Land") and Anadarko E&P Company LP ("Anadarko E&P")") with respect to the request for a waiver of timely notice for a hearing before the Weld County Planning Commission that is currently scheduled on June 2 regarding a proposed amendment to a special use permit application for the expansion of a gun club facility on property described as portions of the NW/4 and the W/2NE/4 of Section 11, Township 8 North, Range 66 West, which is hereinafter referred to as the "Property." Anadarko Land and Anadarko E&P (together the "Anadarko Entities") own mineral interests that underlie the Property. To the extent that the Anadarko Entities own mineral interests that underlie the Property, this letter constitutes a waiver by them to the receipt of timely notice of hearing pursuant to the requirements of Colorado Revised Statutes §§ 24-65.5-101 et.seq. This waiver is limited to applications for development as defined in C.R.S. § 24- 65.5-102(2) to the extent that the applications cover the Property, or portions of the Property, and to the extent that the Anadarko Entities own minerals under the Property. It does not in any respect apply to mineral interests owned or claimed by any other person or entity in any portion of the Property or to notices of hearings that are required to be sent to the Anadarko entities that are scheduled to be heard after the date of this letter. Very truly yours, Molly Sommerville Buchanan, P.C. Molly Sommerville Buchanan Chris Gathman May 26, 2009 Page 2 • MSB cc: Marla Jones, Esq. Andrew Voelker Duane Haley Don Ballard Kelly and Annie Berndt • • Hello