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• Weld County Planning Department
cREELEY OFFICE
N0V 272007
November 26, 2007
RECEIVED
Mr. Chris Gathman
Planner II
Weld County Department of Planning Services
918 10th Street
Greeley, CO 80631
Jeffery E. Carlson, Esq.
Division Manager— Land and Legal
Texas American Resources Company
410 17th Street, Suite 1610
Denver, CO 80202
Re: (USR 1628, in a portion of the East 1/2 of Section 23, T6N, R66W of the 6th
P.M., Weld County, Colorado)
• Dear Sirs:
This law firm represents Keirnes Land Company, LLC ("Keirnes") in connection
with the above-referenced application for use by special review. Keirnes has entered
into a contract to purchase a portion of the subject property and has been designated by
the owner thereof, Ogilvy Irrigating and Land Company ("Ogilvy"), to represent Ogilvy in
these proceedings.
Keirnes requests that the two proposed wells be located and aligned due north of
the existing well (the Ogilvy Well #1-23), with each of the three wells to be spaced 35
feet apart. Locating the wells as rC oced by the applicant would unnecessarily� P P PP occupy
land used for agricultural and potential future residential purposes and diminish the
value thereof.
The proposed locations of the two wells would significantly interfere with the long
term operation and maintenance of Seeley Lake, owned and operated by Ogilvy, and
would hinder the preservation and restoration of its decreed storage capacity on which
the farmers comprising Ogilvy rely for irrigation. Locating the proposed two wells due
north of the existing Ogilvy well as requested herein will lessen the surface impacts on
affected properties.
EXHIBIT
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303 292 9021 i x 303 296 (347
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2008-0586
AS"t'RELLA & RICE PC
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• Letter to Chris Gathman et al.
November 26, 2007
Page 2
The applicant states in their USR application that the addition of a compressor to
serve the proposed wells may be necessary. Keirnes requests that approval of the
proposed USR be conditioned upon such compressor being electrically powered and/or
housed in a sound proof enclosure to minimize noise impacts to the residents of Sonny
View Estates subdivision on the north and east sides of Seeley Lake.
Finally, the USR application appears to incorrectly state the legal description of
the subject parcel of property. Prior to any hearings of the subject USR application, the
applicant should be required to provide the correct legal description of the subject parcel
and provide proper legal notice to all property owners within five hundred feet thereof,
including affected residents of the Sonny View Estates and Seeley Lake Subdivisions,
as required by Weld County regulations. In addition, such application and hearing
notice should correctly identify the land as being within the Residential Zone District,
rather than within the Agricultural Zone District as stated in the notice from the Weld
County Department of Planning Services, dated September 19, 2007. An accurate
legal description of the complete USR property parcel as it exists and is currently zoned
are material to surrounding property owners being able to make an informed review of
• the proposed USR application and an informed decision about whether to appear at the
Planning Commission hearing.
Please contact me should you have any questions.
Very truly yours,
Lance Astrella
LA/etr
c: Brad Keirnes
Glen Droegemueller, Esq.
Stow Witwer, Esq., attorney for Ogilvy
Bruce Barker, Esq., Weld County Attorney
c. Surface locations. Prior to the approval of any Application for Permit-to-Drill submitted for a GWA well, the
proposed surface well location shall be reviewed in accordance with the following criteria:
(1) A new surface well location shall be approved in accordance with Commission rules when it is less than
fifty(50)feet from an existing surface well location.
• (2) When the operator is requesting a surface well location greater than fifty (50) feet from a well (unless
safety or mechanical considerations of the well to be twinned or topographical or surface constraints justify a
location greater than fifty (50) feet), the operator shall provide a consent to the exception signed by the
surface owner on which the well is proposed to be located in order for the Director to approve the well
location administratively.
(3) If there is no well located within a GWA window but there is an approved exception location well located
outside of a GWA window that is attributed to such window, the provisions of subsections (1) and (2) of this
subsection c. shall be applicable to such location.
d. Prior wells excepted. This rule does not alter the size or configuration of drilling units for GWA wells in
existence prior to the effective date of this rule. Where deemed necessary by an operator for purposes of allocating
production, such operator may allocate production to any drilling and spacing unit with respect to a particular
Cretaceous Age formation consistent with the provisions of this rule.
e. GWA infill. This subsection applies to the following area of the GWA: Township 1 North, Ranges 66 West
through 68 West; Township 1 North, Range 69 West: E'/z; Township 2 North, Ranges 64 West through 68 West;
Township 2 North, Range 69 West: E'/2; Township 3 North, Ranges 64 West through 67 West; Township 4 North,
Ranges 63 through 67 West; Township 5 North, Ranges 63 West through 67 West; Township 6 North, Ranges 63
West through 66 West, 6th P.M.
(1) Interior infill wells. Additional bottom hole locations for the "J" Sand, Codell and Niobrara Formations
are hereby established greater than four hundred sixty(460)feet from the outer boundary of any existing 320-
acre drilling and spacing unit ("interior infill wells"). Pursuant to the well location provisions of subsection a.,
above, interior infill well locations shall be reached by utilizing directional drilling techniques from the GWA
windows
• A. If a bottom hole location for an interior infill well is proposed to be located less than four hundred
sixty(460) feet from the outer boundary of an existing drilling and spacing unit, a wellbore spacing unit as
defined in a.(4)C., above, shall be designated by the operator for such well.
B. If a bottom hole location for an interior infill well is proposed to be located greater than four hundred
sixty (460)feet from an existing 80-acre or existing 320-acre drilling and spacing unit, the spacing unit for
such well shall conform to the existing 80-acre or existing 320-acre drilling and spacing unit.
(2) Boundary wells. Additional bottom hole locations for the "J" Sand, Codell and Niobrara Formations are
hereby established less than four hundred sixty (460) feet from the outer boundary of a 320-acre
governmental half section or from the outer boundary of any existing 320-acre drilling and spacing unit
("boundary wells"). A wellbore spacing unit as defined in a.(4)C., above, shall be designated by the operator
for such well.
(3) Additional producing formations. An operator wanting to complete an interior infill well or boundary
well in a formation other than the "J" Sand, Codell, or Niobrara Formations ("additional producing formation")
must request an exception location prior to completing the additional producing formation. The spacing unit
dedicated to the exception location shall comply with subsections(1)or(2), above, as appropriate.
(4) Water well sampling. The Director shall require initial baseline testing prior to the first interior infill well
or boundary well ("proposed GWA infill well") drilled within a governmental section. The following shall be
used as guidance for the Director in establishing initial baseline testing:
A. Within the governmental quarter section of the proposed GWA infill well, the closest water well
("water quality testing well") completed in the Laramie/Fox Hills Aquifer shall be sampled.
B. If no Laramie/Fox Hills water wells are located within the governmental quarter section, then the
deepest representative water quality testing well within the governmental quarter section of the proposed
• GWA infill well shall be sampled.
yb EXHIBIT
300-14 D / —./u as of July 31,2000
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