HomeMy WebLinkAbout20090612.tiffWeld County School Des ict Re -3(J) r 99 West Broadway 1 PO. Box 2691 Keenesburg. CO 80643
To! (3031 536 2000 t Fax: (303) 536.2010
December 15, 2008
Michelle Martin
Department Planning Services
Southwest Office
4209 CR 24.5
Longmont, CO 80504
RE:
Weld County Referral
Pioneer Communities Inc. & HP Farms LLC
Case Number: 2008-XX Amendment 1
The purpose of this letter is to inform you that Weld County School District
Re -3J has reviewed the request made by Pioneer Communities Inc. and HP Farms
LLC for a change to the Weld County Comprehensive Plan Amendment to modify
Southeast Weld Mixed Use Development Area Structural Plan, Map 2.1 Structural
Use Map. It is an expectation that Pioneer Communities Inc., HP Farms LLC,
and the District will continue to work together to ensure that there are an
adequate number of appropriately sized school sites, with the infrastructure
to support those schools. In addition, it is an expectation that all parties
will continue to work together to set up a Capital Fee Foundation. Further,
if Pioneer Communities Inc. and HP Farms LLC would put these stipulations in
writing to the District, the District would have no objection to the approval
of this request
We appreciate the County's assistance on this issue of great importance to
the School District. If you have any questions or need additional
information, please do not hesitate to give me a call at (303) 536-2000.
Sincerely,
Cr-�l'1 ��fi.�d?k1.�rll
Susie Townsend
Interim Superintendent
2009-0612
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0000 COL°
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October 13, 2008
TOWN OF HUDSON
557 ASH STREET, P.O. BOX 351, HUDSON, CO 80642-0351
Phone: (303) 536-9311 FAX: (303) 536-4753
www.hudsoncolorado.orq
Ms. Michelle Martin
Weld County Department of Planning Services
4209 Weld County Road 24.5
Longmont, CO 80504
Re:
Referral regarding Pioneer Communities, Inc. & HP F
Modification of SE Weld MUD Area Structural Plan
Dear Michelle,
arms!fcs&U
eStae0 Og
O
At its meeting of October 8th, the Hudson Planning Commission discussed the above -
referenced referral from your office. The Commissioners asked that I again express to the
County their concern that the Pioneer Communities project, in general, will impact schools and
other public services in the area. The Commission has offered comments on this project in the
past.
It was not immediately clear from the submittal whether the off -site impacts of the
development will be substantially altered as a result of the proposed change. Additional,
summary information that addresses that core question would be welcomed.
Thank you for the opportunity to comment.
•
Town Administrator
Aft.
Nig
COLORADO
MEMORANDUM
TO: Michelle Martin, W. C. Planning
FROM: Lauren Light, W.C. Department of Public Health
and Environment
SUBJECT: 2008-XX
DATE: 10/07/2008
n
Environmental Health Services has reviewed this proposal to amend the Southeast
Weld Mixed Use Development Area Structural Plan, Map 2.1 Structural Land Use Plan.
The proposed amendment would incorporate an additional 317 acres into the SE MUD.
The additional acreage will provide for open space and regional trail connections as well
as an alignment for the extension of sewer services. The Weld County Department of
Public Health and Environment has no objections to the proposal.
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arig
COLORADO
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Weld County Referral
September 4, 2008
The Weld County Department of Planning Services has received the following item for review: '
SEP - 9 2008
Applicant
Prospect Farms II Holdings Case Number 2008-XX
LLC
Please Reply By October 4, 2008
Project
Planner Michelle Martin
Weld County Comprehensive Plan Amendment for inclusion of additional acres
into the Southeast Weld Mixed Use Development Area Structural Plan, Map 2.1
Structural Land Use Map.
Legal Part of W2 of Section 5, T2N, R64W of the 6th P.M., Weld County, Colorado.
Location In the vicinity of CR 22 and CR 49.
Parcel Number 1305 05 000010
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
You will be notified in writing of the Planning Commission date once the date is determined.
❑ We have reviewed the request and find that it does / does not comply with our Comprehensive Plan
because
❑ We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
S:omment.c
Signature
Agency
eOI- 4as-,! i
Date
/0/0974'
@Weld County Planning Dept. +4209 CR 24.5, Longmont, CO. 80504 +(720) 652-4210 ext.8730 +(720) 652-4211 fax
0tit
,
"DC.
COLORA➢O
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MEMORANDUM
TO: Michelle Martin, Planning Services DATE: October 9, 2008
FROM: Don Dunker, P.E., Public Works a
SUBJECT: Expansion/Modification of Southeast Weld MUD
Weld County Public Works Department has reviewed this change to the SE MUD. Comments made during this phase
of the process may not be all-inclusive, as other concerns or issues may arise during the remaining process.
Public Work Comments
•
The proposed Addendum letter and Addendum Traffic Impact Analysis submitted to Public Works for review was
completed by LSC Transportation Consultants, Inc., dated July 30, 2007, stamped and signed by Benjamin T.
Waldman Colorado P.E. number 35827. The proposed recommendations for this change to the SE MUD are
acceptable to Public Works see below:
1) Construct WCR 20 as a two-lane collector roadway from WCR 51 to WCR 49.
2) Construct a full -movement signalized intersection with turn lanes as shown in the Figure 7 at the WCR 49 / WCR
20 intersection.
3) Construct the section of WCR 49 from the I-76 Interchange to WCR 20.5 as a six lane arterial (previously shown as
a four -lane arterial).
During the different County processes more detail will be required to be submitted for the additional traffic volume
produced by the additional 1,000 units. A more detailed description of the work to be constructed will be required
indicating specific commitments and triggers in the same manner as the Statement of Development Commitments
already completed for the Pioneer PUD Change of Zone Plat.
The proposed Phase I Drainage Report for HP -319 submitted to Public Works for review was completed by Carroll
and Lang, dated January 16, 2008, prepared by Clifford D. Netuschil Colorado P.E. number 38138 (not stamped and
signed). The proposed recommendations for this change to the SE MUD are conceptual in nature and acceptable to
Public Works.
During the different County processes more detail will be required to be submitted. A more detailed description of
the drainage basins, floodplains, flood hazard development permits, storm lines, pond and other facilities to be
constructed will be required indicating specific commitments and triggers. The section IV Conclusions indicates a
Master Drainage Report will follow this report for the PUD Change of Zone application to Weld County.
File
: Michelle Martin, Planning Services
M:\PLANNING — DEVELOPMENT REVIEW \MUD -Mixed Use Development \SE-MUD-176-CR49-CR22-CR57\2008-XX-100908-ddd.doc
Page 1 of 1
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DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WATER RESOURCES
September 18, 2008
Michelle Martin
Weld County Planning Department
4209 CR 24.5
Longmont, CO 80504
Bill Ritter, Jr.
Governor
Harris D. Sherman
Executive Director
Dick Wolfe, P.E.
Director
RE: Prospect Farms II Holdings LLC — Weld County Comprehensive Plan Amendment for
inclusion of additional acres into the Southeast Weld Mixed Use Development Area
Structural Plan, Map 2.1 Structural Land Use Map
Dear Ms. Martin:
This referral does not appear to qualify as a "subdivision" as defined in Section 30-28-101(10)(a),
C.R.S. Therefore, pursuant to the State Engineer's March 4, 2005 memorandum to county planning
directors, this office will only perform a cursory review of the referral information and provide comments.
The comments do not address the adequacy of the water supply plan for this project or the ability of the
water supply plan to satisfy any County regulations or requirements. In addition, the comments
provided herein cannot be used to guarantee a viable water supply plan or infrastructure, the
issuance of a well permit, or the physical availability of water.
Our office has no comments regarding the proposed Weld County Comprehensive Plan
Amendment.
Should you have any questions, please contact me at 303-866-3581.
Sincerely,
a Williams
er Resource Engineer
Office of the State Engineer
1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303-866-3581 • Fax: 303-866-3589
www.water.state.co.us
COLORADO
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Weld County Referral
September 4, 2008
The Weld County Department of Planning Services has received the following item for review:
Applicant
Prospect Farms II Holdings Case Number 2008-XX
LLC
Please Reply By October 4, 2008 Planner Michelle Martin
Project Weld County Comprehensive Plan Amendment for inclusion of additional acres
into the Southeast Weld Mixed Use Development Area Structural Plan, Map 2.1
Structural Land Use Map.
Legal
Location
Part of W2 of Section 5, T2N, R64W of the 6th P.M., Weld County, Colorado.
In the vicinity of CR 22 and CR 49.
Parcel Number 1305 05 000010
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
You will be notified in writing of the Planning Commission date once the date is determined.
Y4
We have reviewed the request and find that it does / does not comply with our Comprehensive Plan
because
We have reviewed the request and find no conflicts with our interests.
See attached letter.
Gnmments W t(A reksei ob (A4 Corer... Ck-cz€G o_BaLptiiccri no
\Arse r kX, t r k-coL
Signature
Agency
Lon,vO),bm(>1E-A -
Date q- le -02
❖weld County Planning Dept. +4209 CR 24.5, Longmont, CO. 80504 +(720) 652-4210 ext.8730 +(720) 652-4211 fax
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• Xcel Energy=M
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PUBLIC SERVICE COMPANY
October 6, 2008
Weld County
Planning Department
918 10th Street
Greeley, CO 80631
Attn: Michelle Martin
Siting and Land Rights
550 151h Street, Suite 700
Denver, Colorado 80202-4256
Telephone: 303.571.7799
Facsimile: 303.571.7877
Re: Prospect Farms II Holdings LLC
Public Service Company of Colorado has reviewed the plans for Prospect Farms II Holdings LLC. As
always, thank you for the opportunity to take part in the review process. To ensure that adequate utility
easements are available within this development and per state statutes §31-23-214 (3) and 30-28-133(e),
Public Service Company requests that the following language or plat note be placed on the preliminary
and final plats for the subdivision:
Single Family Development:
Eight -foot (8) wide dry utility easements are hereby dedicated on private property
adjacent to the front and rear lot lines of each lot in the subdivision. In addition,
eight -foot (8') wide dry utility easements are hereby dedicated around the
perimeter of tracts, parcels and/or open space areas. These easements are
dedicated for the installation, maintenance, and replacement of electric, gas,
television cable, and telecommunications facilities (Dry Utilities). Utilities shall
also be permitted within any access easements and private streets in the
subdivision. Permanent structures and water meters shall not be permitted within
said dry utility easements.
Multi Family Development:
Eight -foot (8') wide dry utility easements are hereby granted on private property
adjacent to all public streets in the subdivision or platted area including lots,
tracts, parcels and/or open space areas. These easements are dedicated for the
installation, maintenance, and replacement of electric, gas, television cable, and
telecommunications facilities (Dry Utilities). Utilities shall also be permitted within
any access easements and private streets in the subdivision. Permanent
structures and water meters shall not be permitted within said utility easements.
Commercial Development:
Minimum Ten -foot (10) wide dry utility easements are hereby dedicated on private
property adjacent to all public streets, and around the perimeter of each lot in the
subdivision or platted area including lots, tracts, parcels and/or open space areas.
These easements are dedicated for the installation, maintenance, and replacement
of electric, gas, television cable, and telecommunications facilities (Dry Utilities).
Utilities shall also be permitted within any access easements and private streets in
the subdivision. Permanent structures and water meters shall not be permitted
within said utility easements.
Public Service Company also requests that all utility easements be depicted graphically on the
preliminary and final plats. While these easements should accommodate the majority of utilities to be
installed in the subdivision, some additional easements may be required as planning and building
progresses.
Please note: For clarification of the Company name, Xcel Energy is only the holding
company or "brand" for Public Service Company of Colorado. ALL utility facilities and
related rights, including fee property, easements, permits, etc., are owned and operated
by Public Service Company of Colorado, a Colorado Corporation.
In addition, 31-23-214 (3), C.R.S., requires the subdivider, at the time of subdivision platting, to
provide major utility facilities such as electric substation sites, transmission line easements and
gas regulator stations as deemed necessary by PSCo. While this provision will not be required
on every plat, when necessary, PSCo will work with the subdivider to identify appropriate
locations. This statute also requires the subdivider to submit a letter of agreement to the
municipal/county commission that adequate provision of electrical and/or gas service has been
provided to the subdivisions.
As a safety precaution, PSCo would like to remind the developer to call the Utility Notification Center at
1-800-922-1987 for utility locates prior to construction
The developer must contact the Builder's Call Line at 1-800-628-2121 and complete the application
process. It is then the responsibility of the developer to contact the Designer assigned to the
project for approval of design details in order to provide gas and electric service to this project.
If you have any questions about this referral response, please contact me at (303) 571-7735.
Thank You,
Kathryn Bauer
Contract Right -of -Way Processor
MOLLY SOMMFRVII I F BUCHANAN P.
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Molly S. Buchanan
msb@msbuchananlaw.com
December 15, 2008
Via e-mail and Federal Express
1580 Lincoln Street, Suite 700
Denver CO 80203
Telephone: 303.825.0416
Fax: 303.825.3202
Brad Mueller
Weld County Department of Planning Services
918 10th Street
Greeley, Colorado 80631
Re: Pioneer Communities/ HP Farms/ Prospect Farms
Township 2 North, Range 64 West
Sections 5, 17 and 18
Weld County, Colorado
Dear Brad:
I understand that there are two hearings scheduled before the Weld County Planning
Commission on December 16, one to consider the application of Prospect Farms II Holdings
LLC for an amendment to the comprehensive plan to include the W/2 of Section 5, Township 2
North, Range 64 West and the other to consider the application of Pioneer Communities Inc. and
HP Farms LLC for an amendment to the comprehensive plan to change zoning designations in
Section 2, Township 2 North, Range 65 West from residential to agricultural and to change
zoning designations in portions of Sections 17 and 18, Township 2 North, Range 64 West from
agricultural to residential (altogether the "Property").
As you know, Anadarko FA'P Company LP ("Anadarko E&P"), Anadarko Land Corp.
("Anadarko Land") and Ken -McGee Oil & Gas Onshore LP, a subsidiary of Anadarko
Petroleum Corporation (collectively the "Anadarko entities"), filed an objection letter with the
County dated October 23, 2006, concerning previous applications for development that included
portions of the Property. The Anadarko entities together own all of the minerals that underlie the
portions of the Property in Sections 5 and 17, and Kerr-McGee owns oil and gas leasehold
interests in portions of the Property in Section 18.
Enclosed please find a copy of the objection letter dated October 23, 2006 entitled
"Notice of Mineral Interests owned by Anadarko Land Corp., Anadarko E&P Company LP and
Ken McGee Oil & Gas Onshore LP and Objection" which I ask that you provide to the Planning
Commission and the Board of County Commissioners for Weld County to be made a part of the
record in the proceedings and applied to the applications. The Anadarko entities continue to
object to the applications in that agreements are not yet in place among the Anadarko entities,
their oil and gas lessees and the Applicants; however, the parties are working diligently to reach
agreements.
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Brad Mueller
December 15, 2008
Page 2
Please
pursuant to C.
of all land use
me.
send notices of future hearings on applications filed in connection with this matter
R.S. §31-23-215, C.R.S. § 24-6-402 (7) and C.R.S. § 24-65.5-101, et. seq. Notices
hearings for the Property should be sent to the Anadarko entities as follows:
Anadarko E&P Company LP
Post Office Box 9149
Houston, Texas 77387-9147
Attention: Manager ---Western Region/CBM
Anadarko Land Corp.
Post Office Box 9149
Houston, Texas 77387-9147
Attention: Manager, Property and Rights -of -Way
Ken McGee Oil & Gas Onshore LP
1099 18th Street, Suite 1800
Denver, Colorado 80202
Attention: Terry Enright
Thank you for your consideration in this matter. If you have any questions, please call
MSB
Enclosure
cc: Marla Jones, Esq.
Keith Crouch, Esq.
Terry Enright
Don Ballard
Jack Reutzel, Esq. / for Applicants
Best regards,
Molly Sommerville Buchanan, P.C.
7112flrt.
Molly Sommerville Buchanan
WOODROW & SOBEL, P.C.
• ATTORNEYS AT LAW
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Molly SommenilkBschasan, Esq.
m bu cbanan@woodrow-sobeLcom
October 23, 2006
Via Telefax and Federal Express
Brad Mueller
Weld County Department of Planning Services
918 10"' Street
Greeley, Colorado 80631
Re: Pioneer Communities
Township 2 North, Ranee 64 West
Sections 4, 5, 7, 8, 9, 17 and 18
Township 2 North, Ranee 65 West
Sections 2, 11, 12, 13, 14 and 15
Weld County, Colorado
Dear Mr. Mueller:
Denver Place - South Tower
999 Eighteenth Street, Suite 2550
Denver, Colorado 80202
Telephone: 303-296-1400
Facsimile: 303-296-1924
E-mail: l aw @woodrow-sobel. com
I understand that Weld County has received an application for proposed planned
unit development zoning for property in Weld County that includes the above -referenced
property ("Property"), among other property, to be known as Pioneer Communities.
This law firm represents Anadarko E&P Company LP ("Anadarko E&P"),
Anadarko Land Corp. ("Anadarko Land") and Kerr-McGee Oil & Gas Onshore LP, a
wholly owned subsidiary of Anadarko Petroleum Corporation (collectively the
"Anadarko entities"), with respect to the application for development. The Anadarko
entities together own all of the minerals that underlie portions of the Property, and Kerr-
McGee owns oil and gas leasehold interests in portions of the Property.
Please find enclosed a letter dated October 23, 2006 entitled "Notice of Mineral
Interests owned by Anadarko Land Corp., Anadarko E&P Company LP and Kerr McGee
Oil & Gas Onshore LP and Objection" which I ask that you provide to the Planning
Commission and the Board of County Commissioners for Weld County to be made a part
of the record in the proceedings.
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Brad Mueller
October 23, 2006
Page 2
The Anadarko entities anticipate that they will receive 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. Please have notices of all land
use hearings for the Property sent to the Anadarko entities as follows:
Anadarko E&P Company LP
Post Office Box 9149
Houston, Texas 77387-9147
Attention: Manager —Western Region/CBM
Anadarko Land Corp.
Post Office Box 9149
Houston, Texas 77387-9147
Attention: Manager, Property and Rights -of -Way
Kerr McGee Oil & Gas Onshore LP
1999 Broadway, Suite 3700
Denver, Colorado 80202
Attention: Terry Enright
Thank you for your consideration in this matter. If you have any questions, please
call me.
MSB/sa
Enclosure
cc: Rick Mayer, Esq.
Jeff Fiske, Esq.
Tom Marranzino
Dan Casper
Terry Enright
Don Ballard
Shari Ulery, Esq. / for Applicant
Best regards,
WOODROW & SOBEL, P.C.
Molly Sommerville Buchanan
•WOODROW Sz SOBEL, P.C.
ATTORNEYS AT LAW
•
Molly Sommervillenuchanan, Esq
m buchanan@woodrow-sobetcom
Via Telefax and Federal Express
Members of the Board of County
Commissioners for Weld County
915 10'h Street
Greeley, CO 80631
Denver Place - South Tower
999 Eighteenth Street, Suite 2550
Denver, Colorado 80202
Telephone: 303-296-1400
Facsimile: 303-296-1924
E-mail: law @woodrow-sobel.com
October 23, 2006
Members of the Planning
Commission for Weld County
918 10th Street
Greeley, CO 80631
NOTICE OF MINERAL INTERESTS OWNED BY ANADARKO LAND CORP.
ANADARKO E&P COMPANY LP and KERR-McGEE OIL& GAS ONSHORE LP
and OBJECTION
Re: Pioneer Communities
Township 2 North, Range 64 West
Sections 4, 5, '1, 8, 9,17 and 18
Township 2 North, Range 65 West
Sections 2, 11, 12, 13, 14 and 15
Weld County, Colorado
Ladies and Gentlemen:
This law firm represents Anadarko Land Corp. ("Anadarko Land"), formerly
known as Union Pacific Land Resources Corporation, Anadarko E&P Company LP
("Anadarko E&P"), formerly known as Union Pacific Resources Company, and Kerr-
McGee Oil & Gas Onshore LP, a wholly owned subsidiary of Anadarko Petroleum
Corporation (collectively the "Anadarko entities"), with respect to the application that has
been filed with Weld County ("County") for the approval of planned unit development
zoning for property that covers the above -referenced fourteen sections of land in Weld
County, among other property.
Anadarko Land and Anadarko E&P own mineral interests that underlie Sections
5, 7, 9 and 17, Township 2 North, Range 64 West and Sections 11, 13 and 15, Township
2 North, Range 65 West (collectively the "Anadarko Mineral Property"). Kerr-McGee
owns oil and gas leasehold interests in Sections 4, 7, 8, 9, 17 and 18, Township 2 North,
Range 64 West and Sections 2, 11, 12, 14 and 15, Township 2 North, Range 65 West
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Members of the Board of County Commissioners and
Members for the Planning Commission for Weld County
October 23, 2006
Page 2
(collectively the Kerr-McGee Leasehold Property") and operates several oil and gas wells
on the Kerr-McGee Leasehold Property.
The Anadarko entities wish to give notice to the County of the mineral interests
they own under the property and make the County aware that the approval of a final
application for development for "the property will significantly impact the prospective
development of the minerals o} make their development impossible. The Anadarko
entities object to the approval of a final application for development unless and until
agreements are reached among the Anadarko entities and the applicant.
The following are comments in support of this Notice and Objection:
1. The Mineral Resources Owned by Anadarko Land Corp.
Anadarko Land owns all of the minerals other than the oil and gas that underlies
the Anadarko Mineral Property. A geologist for Anadarko Land has reviewed the
Anadarko Mineral Property for coal resource potential and determined that the property
contains significant reserves of Laramie Formation coals as follows:
a. Section 5, Township 2 North, Range 64 West contains Laramie Formation
coals that are 5.9 feet thick at depths of 140 to 200 feet with approximately 6.5 million
tons of coal in the Section.
b. Section 7, Township 2 North, Range 64 West contains Laramie Formation
coals that are 12.6 feet thick at depths of 210 to 310 feet with approximately 13.6 million
tons of coal in the Section.
c. Section 9, Township 2 North, Range 64 West contains Laramie Formation
coals that are 5.8 feet thick at depths of 174 to 305 feet with approximately 6.4 million
tons of coal in the Section.
d. Section 17, Township 2 North, Range 64 West contains Laramie
Formation coals that are 13.4 feet thick at depths of 284 to 403 feet with approximately
14.9 million tons of coal in the Section.
e. Section 11, Township 2 North, Range 65 West contains Laramie
Formation coals that are 10.8 feet thick at depths of 184 to 244 feet with approximately
12 million tons of coal in the Section.
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Members of the Board of County Commissioners and
Members for the Planning Commission for Weld County
October 23, 2006
Page 3
f. Section 13, Township 2 North, Range 65 West contains Laramie
Formation coals that are 17.2 feet thick at depths of 286 to 377 feet with approximately
19.2 million tons of coal in the Section.
g. Section 15, Township 2 North, Range 65 West contains Laramie
Formation coals that are 10.9 feet thick at depths of 230 to 250 feet with approximately
12.2 million tons of coal in the Section.
Please fmd enclosed the pertinent portions of the Coal Resources and
Development Map of Colorado prepared by the Colorado Geological Survey that
identifies the coal resources that underlie the Property.
2. The Oil and Gas Resources Owned by the Anadarko Entities.
Anadarko E&P and Anadarko Land together own all of the oil and gas that
underlies the Anadarko Mineral Property. Anadarko E&P or a predecessor company has
granted oil and gas leases for portions of the property, interests in which have been
assigned to Kerr-McGee and Noble Energy Production Inc.
Kerr-McGee operates fifteen (15) or more wells on the Kerr-McGee Leasehold
Property.
Current regulations of the Colorado Oil and Gas Conservation Commission
provide for the location of five drilling windows in each quarter section in the geographic
area where the Property is located, one in the center of each quarter quarter section and
one in the center of the quarter section.
3. 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 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. seg. 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 requires that the developer certify that
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Members of the Board of County Commissioners and
Members for the Planning Commission for Weld County
October 23, 2006
Page 4
he has given the required notice as a condition to the approval of the application by the
local jurisdiction.
4. Government Action Which Allows Surface Development in a Manner Which
Precludes Mineral Development May Impair the Vested Property and Contractual
Rights of the Mineral Interest Owner.
Colorado case law provides that the mineral owner has the right of reasonable
access to and use of the surface estate to extract minerals.) Actions by a government
entity which may have the effect of reversing this basic tenet of Colorado property law
and thereby deprive the mineral interest owner of its vested property and contractual
rights may be violative of federal and state constitutional provisions.
Union Pacific Railroad Company gave deeds to various individuals and entities
for the seven sections of land included in the Anadarko Mineral Property, in which the
Railroad reserved all of the minerals for the Property. The Railroad 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. Applicant had record
notice at the time it acquired its interests in the Property that the minerals were severed
from the surface estate and that it received less than the entire interest in the Property.
5. An Action by the County to Approve the Application May Amount to a
Regulatory Taking within the Meaning of the State and United States
Constitutions.
Action by the County to approve an application for surface development may
constitute a regulatory taking, especially where the operator is deprived of all
economically viable use of land or his investment -backed expectations to develop his
property.2
6. The Anadarko Entities Have Entered into Many Agreements with Developers
With Respect to the Disposition of the Minerals at the Time that the Developer
'See 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 disc -vises 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.
2See, for example Picas v. South Carolina Coastal Council 505 U.S. 1003, 112 S.Ct. 2886, 120
L.Ed. 2d 798 (1992).
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Members of the Board of County Commissioners and
Members for the Planning Commission for Weld County
October 23, 2006
Page 5
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 and oil and gas leasehold
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
minerals or to effect some other disposition of the minerals.
The Anadarko entities and their lessees have been in discussions with the
applicant to work out surface use conflicts and are hopeful that agreements will be
reached; however, final agreements have not been entered into by the parties to date. The
Anadarko entities object to any final land use approval for the Anadarko Mineral
Property and the Kerr-McGee Jpnsehold Property in the absence of agreements among
the Anadarko entities, their oil and gas lessees and the applicant.
MSB/sa
Enclosure
cc: Rick Mayer, Esq.
Jeff Fiske, Esq.
Tom Marranzino
Dan Casper
Terry Enright
Don Ballard
Shari Ulery, Esq. / for Applicant
Very truly yours,
WOODROW & SOBEL, P.C.
Molly Sommerville Buchanan
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COLORADO G p O /as 7z �'�
GWAL SURVEY
Map Series 9
OF I
SU8 • (9 10 mousOFaratiatiCON iUTH mfr. ( I TO X004 'FT.
• IITUthiOUS COAT. RITLII3RE TITAN 3.000 FT.- (910 N.) OF CiEREMILI
:.; • ARTIRACITE me S8(IAffiI,iRAfr
EXPLANATION
mart KITIt us; TITAN
la Fr. km' OFOy9tgA
:. WAITRIM 150 FT. (46 H:
4000 FI`(30S Nix OF-
SUBSITUNIROUS OR armiIKQus WALT Less TW$ weft. otsN:
al AREA
"DENVER REGION
42.47
42.]6
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OF PAST OR PRESET COMM.-CpAL. PRODUCTION-
COAL.•BEARING REGION •
ESTHIATED ORIGIRAti IK-PLACE RCsOU
fSTIHIHG 6IED IO g OF ROES TO 6:000 f7. (1820 N.).
IN BI I4JflHF I1 As OF 10:6.000 !T. (1820 n.).
1/1/77
AWES AKO PRELIMINARY 1977 PRODUCTION to HILLIOII-
(FOR HIRES THAT PROO(fcE:j>0:ES MILLION'TOUSIN TINS1977)
IRRIERGROUNO HIRE (LICENSED As OF DECeta 31, 1977)
O MMO® UNDERGROUND HIRE
,i SURFACE ARE LI ( CEHSEO AS OF OECEzgt 31, 1977)
0A MOORED SURFACE HIRE
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