HomeMy WebLinkAbout20081288.tiff Kerr-McGee Oil& Gas Onshore LP t fq���; illy
:Wig Subsidiary of Nelr l :,; ig Department
BUILDING
• Anadarlci OCT 3 1 2007
Petroleum Corporation
w ;EIVED
October 26, 2007
VIA FACSIMILE AND U.S. MAIL
Weld County Planning Commission
4209 CR 24.5
Longmont, Colorado 80504
Re: Aurora Dairy Corporation— Site Specific Development Plan and Special Review
Permit for a 98,000 square foot milk processing plant in the A (Agricultural) Zone
District
Case Number: 2ndAMUSR-1405
Aurora Dairy Corporation—Applicant
Township 3 North, Range 67 West, 6th P.M.
Section 30: NE/4SE/4 and E/2NE/4
Weld County, Colorado
• Dear Planning Commission:
This letter is being sent by Anadarko Petroleum Corporation on behalf of its subsidiary
Kerr-McGee Oil & Gas Onshore LP ("KMG") to inform you that KMG holds valid and
subsisting oil and gas lease rights in the captioned property. ICMG's rights may be adversely
affected by the Site Specific Development Plan and Special Review Permit for a 98,000 square
foot milk processing plant in the A (Agricultural) Zone District being proposed by Aurora Dairy
Corporation. KMG is submitting this comment and objection timely, in accordance with State of
Colorado and Weld County's procedural requirements.
KMG's recorded 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's preferred practice is to meet with surface owners and attempt to conclude a
mutually acceptable surface use agreement. It is essential that such an agreement be in place
before the County approves the developer's application. However, as of this date, KMG and
Aurora Dairy Corporation have not concluded such an agreement. KMG must object to any
• approval by the County for Aurora Dairy Corporation plans that fail to fully accommodate
KMG's right to explore for, develop and produce oil and gas from its leasehold interests. KMG
EXHIBIT
2008-1288 1 1/a'
Weld County Planning Commission
October 26, 2007
Page 2
•
requests that the County withhold final plat approval until such time as the surface owner and
KMG have concluded a surface use agreement. Any future surface development plans should
incorporate and designate lands to be set aside for mineral development and expressly provide
protection for KMG's current and future wells, pipelines, gathering lines and related oil and gas
facilities and equipment. Weld County has a constitutional obligation to ensure that the property
rights of mineral interest owners are accommodated in its land use planning process. Approval
of any surface development plan that forecloses the rights of mineral owners may be a
compensable taking.
Please contact me at 720-929-6291 if you have any questions or comments about this
matter. KivIG hopes to conclude a mutually acceptable surface use agreement with the surface
owner of the property and looks forward to working with the County to accomplish its land use
planning goals.
Sincerely,
KERR-MCGEE OIL & GAS ONSHORE LP
John Butera
• Landman
cc: Aurora Dairy Corporation—Applicant (by U.S. Mail)
Joseph H. Lorenzo —Kerr-McGee Oil & Gas Onshore LP
Cheryl Diedrich—Kerr-McGee Gathering LLC
4111
Weld County : ,i,7g Department
Kerr-McGee 011& Gas Ons/wre LP WIMP) -r BUILDING
Weld County Planning Department
A Subsidiary of DEL 1 2007
GREELEY OFFICE aadaa RECEIVED
DEC 1 3 29077 Petroleum Corporation
RECEIVED
December 11, 2007
VIA FACSIMILE AND U.S. MAIL
Weld County Planning Commission
4209 CR 24.5
Longmont, Colorado 80504
Re: Aurora Dairy Corporation— Site Specific Development Plan and Special
Review Permit for a 98,000 square foot milk processing plant in the A
(Agricultural) Zone District
Case Number: 2ndAMUSR-1405
Aurora Dairy Corporation—Applicant
Township 3 North, Range 67 West, 6th P.M.
Section 30: NE/4SE/4 and E/2NE/4
1111 Weld County, Colorado
Dear Planning Commission:
Kerr-McGee Oil & Gas Onshore LP, a wholly owned subsidiary of Anadarko
Petroleum Corporation, filed a protest letter dated October 26, 2007 with the County with
respect to oil and gas interests that underlie the parcel in the NE/4SE/4 and the E/2NE/4
of Section 30, Township 3 North, Range 67 West that is the subject of the application for
2ndAMUSR-1405.
Since the time that Kerr-McGee filed the protest letter, a representative for Kerr-
McGee has had an opportunity to discuss the matter with the Applicant. In light of the
discussion and at this time, Kerr-McGee wishes to withdraw the protest that it filed to the
application.
V rs,
a
Landman
Cc: Joseph H. Lorenzo—Kerr-McGee Oil & Gas Onshore LP
• Cheryl Diedrich—Kerr-McGee Gathering LLC
EXHIBIT
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