HomeMy WebLinkAbout20080507.tiff ( r MEMORANDUM
• vim TO: Clerk to the Board Office A.
COLORADO FROM: Chris Gathman - Planner II 6).A
SUBJECT: Revision of Case# in legal and property owner notification
(change from USR-1624 to 3r°AMUSR-589)
Encana Oil and Gas was originally set up and notified under USR-1624. Upon further review of
the history of this site - planning staff determined that this case should be noticed under the
case # 3rd AMUSR-589.
Please make sure that 3rd AMUSR-589 is the case #on the board SPO and newspaper notices
for this case.
Thanks
•
• SERVICE,TEAMWORK,INTEGRITY,QUALITY EXHIBIT
S
2008-0507
Esther Gesick
From: Chris Gathman
Friday, January 25, 2008 11:45AM
Esther Gesick
Snt:
: Bruce Barker
Subject: RE: USR-589(EnCana Oil and Gas USA Inc.)
I think it is appropriate to list as the 4th Amended USR.
Chris Gathman, AICP, Planner II
Weld County Department of Planning Services
918 10th Street, Greeley, Colorado 80631
ph (970)353-6100 ext. 3540 fax (970) 304-6498
Original Message
From: Esther Gesick
Sent: Friday, January 25, 2008 11:14 AM
To: Chris Gathman
Cc: Bruce Barker
Subject: USR-589 (EnCana Oil and Gas USA Inc. )
Chris or Bruce,
Take a look at the attached Resolutions. I was doing property research to determine the
file location and came across the original USR and three amendments. Should we be doing a
4th Amendment for the current application? You can view the entire file under File
Location PL0025. Let me know what you think.
Esther E. Gesick
•puty Clerk to the Board
5 10th Street
Greeley, CO 80631
(970)356-4000 X4226
(970)352-0242 (fax)
EXHIBIT
• I
1
Feb. 19. 2008 2:39PM No. 0044 P. 2
Kerr-MeGee Otr&Gas Onshore LP
A Subsidiary of
Anadarlit3)9
Petroleum Corporation •
February 19,2008
VIA FACSIMILE AND U.S.MAIL
Weld County Board of County Commissioners
918 10°'Street
Greeley,Colorado 80631
Re: Permit#589-Site Specific Development Plan and Special Review Permit
EnCana Oil&Gas,Applicant
Township 1 North.Range 67 West.6th P.M.
Sections 28: SE/4
Weld County,Colorado
Dear Board:
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. KMG's rights may
be adversely affected by Permit#589 being proposed by EnCana Oil & Gas ("EnCana").
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, PIJD,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 EnCana have not concluded such an agreement. KMG must object to any
approval by the County of EnCana's plans that fail to fully accommodate KMG's right to
explore for, develop and produce oil and gas from its leasehold interests. KMG requests
4 EXHIBIT
G
tt.vie06
Feb. 19. 2008 2:40PM No. 0044 P. 3
Weld County Board of County Commissioners
February 19, 2008
Page 2
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 well, 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 720-929-6469 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.
Very truly yours,
KERR-McGEE OIL&GAS ONSHORE LP
ghTerscD. gh
S an
cc: Encana Oil&Gas c%Brenda Linster—Applicant(by U.S.Mail)
Joseph H.Lorenzo—Kerr-McGee Oil&Gas Onshore LP
Cheryl Diedrich —Kerr-McGee Gathering LLC
Feb. 25. 2008 12:37PM No. 0050 P. 2
Km-McGee On A Gas Onshore LP
• A Subsidiary of
Petroleum Corporation
February 25,2008
VIA FACSIMILE AND t7.S.MAIL
Weld County Board of County Commissioners
918 10th Street
Greeley,Colorado 80631
Re: Permit#589—Site Specific Development Plan and Special Review Permit
EnCana Oil&Gas(USA)Inc.,Applicant
Township 1 North.Range 67 West,6t'P.M.
Section 28: SE/4
Weld County, Colorado
Dear Board:
Kerr-McGee Oil & Gas Onshore LP, a wholly owned subsidiary of Anadarko
• Petroleum Corporation, filed a protest letter dated February 19, 2008 with the County
with respect to oil and gas interests that underlie the parcel in the SE/4 of Section 28,
Township 1 North, Range 67 West that is the subject of the application for Permit #589
filed by EnCana Oil& Gas(USA)Inc.with the County.
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.
Very truly yours,
Ese,
Terry t
Staff Lan
cc: EnCana Oil&Gas(USA)Inc. c/o Brenda Linster—Applicant(by U.S:Mail)
Joseph H. Lorenzo—Kerr-McGee Oil& Gas Onshore LP
Cheryl Diedrich Kerr-McGee Gathering LLC
• EXHIBIT
1 4
J��
PLANNING COMMISSIONER' SIGN POSTING CERTIFICATE
• THE LAST DAY TO POST THE SIGN IS February 17, 2008. THE SIGN SHALL BE POSTED
ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT
ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT
OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON
THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY
(ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY.
I, CHRIS GATHMAN, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN
WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE BOARD OF
COMMISSIONERS HEARING FOR 4"'AMUSR-589 IN THE AGRICULTURAL ZONE
DISTRICT.
Chris Gathman
Name of Person Posting Sign
stba
Signature of Person Posting Sign
• STATE OF COLORADO
) ss.
COUNTY OF WELD ) •
qth
The foregoing instrument was subscribed and sworn to me this lday of , 2008.
WITNESS my hand and official seal.
i r
Notary Public 1
BILLIE J. MOORS
NOTARY PUBLIC
My Commission Expires: Jam' J O STATE OF COLORADO
EXHIBIT
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