HomeMy WebLinkAbout20082473.tiff �1J KerrNvGee
• KEITH M.CROUCH Kerr-McGee Oil&Gas Onshore LP
SENIOR COUNSEL 109918"STREET,SUITE 1800
720-929-6000 FAX: 720-929-7161
E-MAIL: KEITH.cRoucH@anadarko.com
July 31, 2008
VIA FACSIMILE and U.S. MAIL Weld Co
ty Planning De
Department of Planning Services ^WEST B0i'DINGrtmenf
Ms. Michelle Martin AU`' 0 12008
Southwest Office RECE/V
4209 CR 24.5 ED
Longmont, Colorado 80504
Re: Objection to USR-1660—Request for Site Specific Development Plan and
Special Use Permit
Township 5 North, Range 65 West, 6th P.M.
Section 4: Part of the NE/4
Weld County, Colorado
• Dear Planning Commission:
On July 10, 2008, Kerr-McGee Oil & Gas Onshore LP ("KMG") filed written comments
objecting to Dust & Dirt Excavating, LLC's (the "Applicant") Request for Site Specific
Development Plan and Special Use Permit, noted above. See Exhibit 1. As fully detailed in that
objection, KMG owns valid and existing lease rights in the captioned property and is therefore
concerned that the Applicant's proposed use and development of the property might affect
KMG's ability to produce oil and gas from the leased lands.
KMG has been successful in negotiating surface use agreements with surface owners,
operators or designees in conjunction with Weld County's approval of applications for special
use permits or other planning related approvals. KMG's approach is consistent with the Weld
County Code' and the County's conditions of approval for its special use permit. As noted in
Weld County's administrative review of the Applicant's Special Review Permit, Weld County
recommends that the Applicant's request be approved, subject to the condition, among others,
that "[t]he applicant shall either submit a copy of an agreement with the property's mineral
owner/operators stipulating that the oil and gas activities have been adequately incorporated into
"The County should encourage cooperation, coordination and communication between the surface
owner and the mineral owner/operators with respect to any developments of either the surface or the
mineral estate. . . . New Planned Unit Developments or subdivisions should be planned to take into
account current and future oil and gas drilling activity to the extent oil and gas development can
• reasonably be anticipated. See Weld County Code Sec. 22-5-100.A.
EXHIBIT
2008-2473 t� 11
• Department of Planning Services
July 31, 2008
Page 2
the design of the site or show evidence that an adequate attempt has been made to mitigate the
concerns of the mineral owner/operators." See Special Review Permit, Administrative Review,
Page 6, attached as Exhibit 2. Recently, KMG was contacted by legal counsel for Applicant and
pursuant to the request of counsel, KMG provided Applicant with a form Surface Use
Agreement. KMG has not received any comments from Applicant or counsel on the form
agreement. KMG, consistent with its past practice, is willing to work with Applicant and
counsel to arrive at an agreement that recognizes the interests of both KMG and Applicant in the
property covered by the application.
KMG fully supports Weld County's proposed permit conditions and will work diligently
with the Applicant to reach a mutually acceptable surface use agreement in the near future.
KMG reasserts its request that Weld County withhold final plat approval until the Applicant and
KMG have executed a surface use agreement.
Please contact me at 720-929-6161 or Sherry Bursey at 720-929-6584 if you have any
questions or comments regarding this matter.
Sincerely,
Keith M. Crouch
Senior Counsel
Cc: John Butera—Kerr-McGee Oil & Gas Onshore LP
Enclosures
•
Exhibit 1
Kerr-McGee Oil& Gas Onshore LP
1099 18" Street
Denver,CO 80202
• July 10, 2008
VIA FACSIMILE AND US. MAIL
Department of Planning Services
Ms. Michelle Martin
Southwest Office
4209 CR 24.5
Longmont, Colorado 80504
Re: USR-1660—Request for Site Specific Development Plan and a Special Review
Permit for a Mineral Resource Development facility including open pit mining and
material processing in the A(Agricultural)Zone District
J& T Consulting, Inc. —Representative for the Applicant
Township 5 North,Range 65 West, 6th P.M.
Section 4: Part of the NE/4
Weld County, Colorado
Dear Planning Commission:
• This letter is being sent by 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. KMG's
rights may be adversely affected by the Project being proposed under USR-1660. 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 the
surface owner have not concluded such an agreement. KMG must object to any approval by the
County for USR-1660 plans that fail to fully accommodate ICMG's right to explore for, develop
and produce oil and gas from its leasehold interests. KMG 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
1111 set aside for mineral development and expressly provide protection for KMG's current and
Department of Planning Services
Ms. Michelle Martin
July 10, 2008
• Page 2
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. KMG 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
Senior Landman
cc: J& T Consulting, Inc. —Representative for the Applicant(by U.S. Mail)
• Joseph H. Lorenzo—Kerr-McGee Oil & Gas Onshore LP
Cheryl Diedrich—Kerr-McGee Gathering LLC
•
Exhibit 2
•
Environment approval shall be submitted to the Weld County Department of Planning
Services. (Department of Public Health and Environment)
C. The applicant shall either submit a copy of an agreement with the property's mineral
owner/operators stipulating that the oil and gas activities have been adequately incorporated
into the design of the site or show evidence that an adequate attempt has been made to
mitigate the concerns of the mineral owner/operators. The plat shall be amended to include
any possible future drilling sites and/or setbacks. (Department of Planning Services)
D. In the event washing of vehicle will occur on site the applicant shall ensure that any vehicle
washing area(s) shall capture all effluent and prevent discharges from the washing of
vehicles in accordance with the Rules and Regulations of the Water Quality Control
Commission, and the Environmental Protection Agency. Vehicle washing areas should be
designated on the plat. Evidence of the Department of Public Health and Environment
approval shall be submitted to the Weld County Department of Planning Services.
(Department of Public Health and Environment)
E. In the event that 1 or more acres are disturbed during the construction and development of
this site, the applicant shall obtain a stormwater discharge permit from the Water Quality
Control Division of the Colorado Department of Public Health and Environment. A copy of
the permit application shall be submitted to the Environmental Health Services,Weld County
Department of Public Health&Environment. Alternately,the applicant can provide evidence
that they are not subject to this requirement. Evidence of the Department of Public Health
and Environment approval shall be submitted to the Weld County Department of Planning
Services. (Department of Public Health and Environment)
• F. The applicant shall submit a dust abatement plan for review and approval, to the
Environmental Health Services, Weld County Department of Public Health & Environment.
Evidence of the Department of Public Health and Environment approval shall be submitted
to the Weld County Department of Planning Services. (Department of Public Health and
Environment)
G. The applicant shall submit a noise control plan for review and approval,to the Environmental
Health Services,Weld County Department of Public Health& Environment. Evidence of the
Department of Public Health and Environment approval shall be submitted to the Weld
County Department of Planning Services. (Department of Public Health and Environment)
H. Submit documentation to the Environmental Health Services Division of the Weld County
Department of Public Health & Environment indicating that a permanent water source is
available. Evidence of the Department of Public Health and Environment approval shall be
submitted to the Weld County Department of Planning Services. (Department of Public
Health and Environment)
The applicant shall submit a waste handling plan,for approval, to the Environmental Health
Services Division of the Weld County Department of Public Health&Environment. Evidence
of the Department of Public Health and Environment approval shall be submitted to the Weld
County Department of Planning Services. The plan shall include at a minimum,the following:
1) A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
2) A list of the type and volume of chemicals expected to be stored on site.
• USR-1660 Dust&Dirt Excavating LLC, Page 6
USR-1660 Page 1 of 1
Michelle Martin
From: Bursey, Sherry [Sherry.Bursey@anadarko.com]
Sent: Tuesday, August 05, 2008 9:37 AM
To: Michelle Martin
Cc: Crouch, Keith; Butera, John;jking@colohomes.net
Subject: USR-1660
Ms. Martin,
On July 10 and July 30, 2008, KMG filed objections to the proposed special use permit for USR 1660 because we
had yet to conclude a surface use agreement with the applicant property owner. In the July 30 letter, KMG
indicated its support for the Planning Commission's proposal to include a condition in the permit that required "[t]
he applicant shall either submit a copy of an agreement with the property's mineral owner/operators stipulating
that the oil and gas activities have been adequately incorporated into the design of the site or show evidence that
an adequate attempt has been made to mitigate the concerns of the mineral owner/operators." On August 5,
2008, counsel for the applicant notified KMG that the applicant consents to inclusion of the noted condition in the
proposed permit. Subject to inclusion of this condition in the final USR, KMG withdraws it's objection to the
proposed permit for USR 1660, and as such will not attend today's hearing.
Please let me or Keith Crouch know if you have any questions.
Thanks.
• Sherry H. Bursey
Anadarko Petroleum Corporation
1099 18th Street, Suite 1800
Denver, CO 80202
720-929-6584 (phone)
720-929-7584 (fax)
Anadarko Confidentiality Notice: This electronic transmission and any attached documents or
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named recipient is strictly prohibited.
• EXHIBIT
11. 3
08/05/2008
08/05/2008 09:53 9703363030 GREELEYWELD CTY ARPT, PAGE 02
Weld County Referral
1 June 6, 2008
es
COLORADO
The Weld County Department of Planning Services has received the following Item for review;
Applicant Dust&Dirt Excavating, LLC Case Number USR-1860
Please Reply By July 6,2008 Planner Michelle Martin
Project Site Specific Development Plan and a Special Review Permit for a Mineral
Resource Development facility including open pit mining and material processing in
the A(Agricultural)Zone District.
Legal Pt NE4 Section 4,T5N, R65W of the 5th P.M.,Weld County,Colorado.
Location East of and adjacent to Balsam Ave and North of State Highway 263.
Parcel Number 0961 04 000060
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.
Cl We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
be use
O e have reviewed the request and find no conflicts with our interests.
See attached letter.
Comments:
Signature /-.14_• Date 5 q/pod r
Agency t'rrca.l - kt/,tJr
*Weld County Planning Dept. 4,4209 CR 24.6,Longmont,CO.80504 40(720)852-4210 ext.8730 .(720)852-4211 fax
• EXHIBIT
09/05/2008 09:53 9703363030 GREELEYWELD CTY ARPT PAGE 03
•e p toasty A kp4fl
August 4,2008
Weld County Department of Planning Services
Ms.Michelle Martin, Planner
918 10th Street
Greeley,CO 80631
RE: Weld County Referral- Case No.USR-1660
Dear Ms.Martin,
The Greeley-Weld County Airport Authority has reviewed the subject referral and offers
the following Comments:
Although this land use is compatible with the Greeley-Weld County Airport Surrounding
Land Use Guidelines,the property is located in the Airport Zoning Overlay District,as
adopted by Weld County Ordinance.
The Runway Zoning Overlay District will probably not be affected,because this area
concerns the height of structures. Any future structure proposed on this property could
be subject to an FAA Aeronautical Study under Part 77 of the Code of Federal
• Regulations.
The applicant has indicated that is only a daytime operation. If there any plans for a
nighttime operation,the applicant would need to contact the airport for lighting
requirements to provide for the proper shielding to pilots on final approach for runway 9.
If you have any further questions,please contact me at(970)336-3002.
Sincerely,
Kevin M. Freiberg,A.C.E.
Assistant Manager
• P.O.Box 727•Greeley,CO 80632-0727 •Greeley Phone:970.338.3000•Fax: 970.
•
�F C-01O DEPARTMENT OF NATURAL RESOURCES
Fes ° DIVISION OF WATER RESOURCES
* „ „ * Bill Ritter,Jr.
Governor
1876 August 6, 2008 '' County Planning Departm
Harris D.Sherman
0UTHWEST BUILDING
Executive Director
AUG 1 12008 Dick Direc orolfe,P.E.
Michelle Martin
Weld County Planning Department ' CEIVED
4209 CR 24.5
Longmont CO 80504
Re: Dust & Dirt Excavating Site Specific Development Plan and a Special
Review Permit
Case No. USR-1660
NE1/4 Sec. 4, T5N, R65W, 6th P.M.
Water Division 1, Water District 3
Dear Ms. Martin:
We have reviewed additional information submitted by the applicant in regards to
the above referenced proposal for a mineral resource development facility including
• open pit gravel mining and materials processing. As indicated in our previous letter of
July 2, 2008, since the submitted material does not appear to qualify as a "subdivision"
as defined in §30-28-101(10)(a), C.R.S., 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 will not
address the adequacy of the water supply plan for this development or the ability of the
water supply plan to satisfy any County regulations or requirements.
The applicant indicated that the mine operation is proposed to be conducted in
phases. From the additional information, no ground water will be exposed or used in
the initial Phase 1. For the subsequent phases, 2-7, the mine operation will be
conducted as a dry pit by dewatering the active area with dewatering trenches. From
previously submitted materials, exposed ground water taken from the pit will also be
possibly used for material washing and dust control. However, from the additional
information the source of water for dust suppression will not be exposed ground water
but purchased from the City of Greeley.
Pursuant to §37-90-137(11), C.R.S., exposed ground water due to gravel mining
operations (which, according to the additional information provided, is proposed to occur
during Phases 2-7 of the mining operation) is considered to be a well and a well permit
must be obtained prior to the commencement of any mining activity which would result
in the exposure and\or use of ground water. Since this proposed gravel pit "well"
• appropriates water tributary to the over-appropriated South Platte River basin, an
EXHIBIT
Office of the State Engineer
1313 Sherman Street,Suite 818•Denver,CO 80203•Phone:303-866-3581•Fax:303-866-358 j Will
www.water.state.co.us
Weld County Planning Department Page 2
Dust & Dirt USR-1660
August 6, 2008
• approved temporary substitute water supply plan (SWSP) or a Division 1 Water Court
approved plan for augmentation that includes depletions associated with all uses of
ground water, including evaporation, would be required before a well permit could be
issued.
If you have any questions in this matter, please contact Megan Sullivan of this
office.
Sincerely,
Jeff Deatherage, P.E.
Water Resource Engineer
Cc: Jim Hall, Division Engineer
George Varra, Water Commissioner, Water District 3
JD/MAS/Dust and Dirt Special Use 2(Weld)
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