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Home My WebLink About20080389.tiff • • (5 DEPARTMENT OF PLANNING SERVICES SOUTHWEST OFFICE (la • 4209 CR 24.5 LONGMONT, CO 80504 PHONE: (720)652-4210, Ext. 8730 ik FAX: (720) 652-4211 COLORADO September 11, 2007 NOTICE TO SURROUNDING PROPERTY/MINERAL INTEREST OWNERS CASE NUMBER: USR-1625 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, December 18, 2007, at 1:30 p.m., in the Southwest Weld County Hearing Room, 4209 CR 24.5, Longmont, Colorado concerning the request of: NAME: Aurora Dairy Corporation FOR: Site Specific Development Plan and Use by Special Review for agricultural service establishments primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis, including; veterinary clinics or hospitals, livestock confinement operation for a 3,000 head dairy and multiple single-family dwelling units per lot other than those permitted under Section • 23-3-20A and multi-family dwellings for persons principally employed at or engaged in farming, ranching or gardening in the agricultural zone district. LEGAL DESCRIPTION: Part of the N2 of Section 29,T3N, R67W of the 6th P.M.,Weld County, Colorado. LOCATION: South of and adjacent to State Highway 66 and west of CR 17. Your property is within five-hundred (500)feet of the property on which this request has been made or you may have an interest in the minerals located under the property. For additional information write or telephone Michelle Martin, Planner. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services,4209 CR 24.5, Longmont, Colorado 80504,on or before the date of public hearing. For your convenience, the Department of Planning Services has instituted a Planning Commission Agenda Phone Line. In some circumstances cases need to be continued to a later date. To ensure that this case is being heard, you may call 970-304-6499, up to the day of the scheduled hearing for this information. • 2008-0389 • • CERTIFICATE OF MAILING JOHN SALAZAR • 7391 SH 66 USR-1625 PLATTEVILLE CO 80651 SURFACE ESTATE LAND OWNERS SAND LAND INC 8120 GAGE ST ACORD ST VRAIN VALLEY RANCH LLC FREDERICK CO 80516 7541 CR 26-3/4 LOINGMONT CO 80504 MINERAL AND/OR SUBSURFACE OWNERS AURORA DAIRY CORP ALBERT KURTZ 7228 SH 66 13634 CR 17 PLATTEVILLE CO 80651 PLATTEVILLE CO 80651 AURORA DAIRY PSF ASSOCIATES 1401 WALNUT ST#500 PO BOX 2469 BOULDER CO 80302-5332 TWIN FALLS ID 83301 JESSIE COGBURN AURORA DAIRY CORP 13473 CR 17 1401 WALNUT STE 500 PLATTEVILLE CO 80651 BOULDER CO 80302 JACOB SALAZAR KERR MCGEE 7391 SH 66 ATTN: JOHN BUTERA PLATTEVILLE CO 80651 1999 BROADWAY STE 3700 DENVER CO 80202 JOHN SALAZAR 7239 SH 66 • PLATTEVILLE CO 80651 PETER SALAZAR 7031 SHH 66 The undersigned hereby certifies that a true and PLATTEVILLE CO 80651 correct copy of the foregoing Notice of Hearing, Case Number USR-1625 was placed in the DONNA SEKICH United States Mail, first class mail, postage 4315 SH 66 prepaid, addressed to the following properties. LONGMONT CO 80504 NICK SEKICH Dated the 11th day of September, 2007. 4315 SH 66 LONGMONT CO 80504 ELVERNA BURCHFIELD TRUSTEE Donita May 221 W PLATTE AV Recording Secretar u Planning Commission FT MORGAN CO 80701-2327 JESSIE COGBURN 13473 CR 17 PLATTEVILLE CO 80651 JACOB SALAZAR 7391 SH 66 PLATTEVILLE CO 80651 • AFFIDAVIT OF INTERESTED LA•OWNERS • Page 1 of 2 AFFIDAVIT OF INTERESTED LAND OWNERS • SURFACE ESTATE Subject Parcel: 120929200048 THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled from the records of e Weld County Assessor was assembled within thirty days of the application's submission d Signature Date Property Owners Within 500 ft. of Parcel# 120929200048 NAME I MAILING ADDRESS I PARCEL IDENTIFICATION # 7541 COUNTY RD 26 3/4 ACORD ST VRAIN VALLEY RANCH LLC 120929000025 • LONGMONT,CO 80504 7541 COUNTY RD 26 3/4 ACORD ST VRAIN VALLEY RANCH LLC 120929000026 LONGMONT,CO 80504 7228 STATE HWY 66 AURORA DAIRY CORPORATION 120929200049 PLATTEVILLE,CO 80651 1401 WALNUT ST #500 AURORA DAIRY CORPORATION 120930000015 BOULDER,CO 80302-5332 13473 WELD CO RD 17 COGBURN JESSIE P 120929200028 PLATTEVILLE,CO 80651 SALAZAR JACOB & Additional Owners: 7391 HWY 66 SALAZAR JOHN & 120920300030 SALAZAR ESTEBAN PLATTEVILLE,CO 80651 SALAZAR MARY & SALAZAR PETE JR& SALAZAR PAUL R& 7239 HWY 66 ',AZAR JOHN & ADELIA 120920000025 PLATTEVILLE,CO 80651 7031 HWY 66 http://maps2.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=120929200048&Par1=1209203000... 8/28/2007 AFFIDAVIT OF INTERESTED LANOOWNERs • Page 2 of 2 SALAZAR PETE JR & ROSALIE 120920000024 pLATTEVILLE,CO 80651 *CH DONNA L (50%) & 4315 HWY 66 120919400058 Additional Owners: LONGMONT,CO 80504 SEKICH NICK& KAREN S (50% INT JT) SEKICH DONNA L & 4315 HWY 66 Additional Owners: 120929200031 SEKICH NICH JR & LONGMONT,CO 80504 SEKICH KAREN S • • http://maps2.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=120929200048&Part=1209203000... 8/28/2007 AFFIDAVIT OF INTERESTED LANNOWNERS • Page 1 of 2 AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE Su ject Parcel: 120929200049 THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled from the records of the Weld County Assessor was assembled within thirty days of the application's submission dat Signature -O7 Date Property Owners Within 500 ft. of Parcel# 120929200049 NAME I MAILING ADDRESS I PARCEL IDENTIFICATION # 7228 STATE HWY 66 AURORA DAIRY CORPORATION 120929100050 . PLATTEVILLE,CO 80651 7228 STATE HWY 66 AURORA DAIRY CORPORATION 120929200048 PLATTEVILLE,CO 80651 BURCHFIELD ELVERNA TRUSTEE & 221 W PLATTE AVE 120920000019 Additional Owners: FT MORGAN,CO 80701-2327 ROSE SHERRY 13473 WELD CO RD 17 COGBURN JESSIE P 120929200028 PLATTEVILLE,CO 80651 13473 WELD CO RD 17 COGBURN JESSIE P 120929000027 PLATTEVILLE,CO 80651 SALAZAR JACOB & Additional Owners: 7391 HWY 66 SALAZAR MARY & 120920300029 SALAZAR JOHN & PLATTEVILLE,CO 80651 SALAZAR ESTEBAN SALAZAR PETE JR& SALAZAR PAUL R& ()AZAR JACOB & Additional Owners: 7391 HWY 66 http://maps2.merri ck.com/website/weld/setSgl.asp?cmd=buffer&PIN=120929200049&Paz 1=1209200000... 8/28/2007 AFFIDAVIT OF INTERESTED LAN•WNERS • Page 2 of 2 SALAZAR JOHN & ZAR ESTEBAN PLATTEVILLE,CO 80651 ZAR MARY & 120920300030 S AZAR PETE JR & SALAZAR PAUL R & SALAZAR JACOB & Additional Owners: 7391 HWY 66 SALAZAR PAUL R & 120920400028 SALAZAR JOHN & PLATTEVILLE,CO 80651 SALAZAR ESTEBAN SALAZAR PETE JR& 7239 HWY 66 SALAZAR JOHN & ADELIA 120920000025 PLATTEVILLE,CO 80651 8120 GAGE ST SAND LAND INC 120929000033 FREDERICK,CO 80516 • • http://maps2.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=120929200049&Par 1=1209200000... 8/28/2007 AFFIDAVIT OF INTERESTED LAN�OWNERs • Page 1 of 2 AFFIDAVIT OF INTERESTED LAND OWNERS • SURFACE ESTATE Subject Parcel: 120929100050 THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not been modified from the original. The list compiled from the records of the Weld County Assessor was assembled within thirty days of the application's submission date. Signature Date Property Owners Within 500 ft. of Parcel# 120929100050 NAME I MAILING ADDRESS I PARCEL IDENTIFICATION # 7228 STATE HWY 66 AURORA DAIRY CORPORATION 120929200049 PLATTEVILLE,CO 80651 _ B CHFIELD ELVERNA TRUSTEE & 221 W PLATTE AVE 120920000019 Additional Owners: FT MORGAN,CO 80701-2327 ROSE SHERRY 13473 WELD CO RD 17 COGBURN JESSIE P 120929200028 PLATTEVILLE,CO 80651 13473 WELD CO RD 17 COGBURN JESSIE P 120929000027 PLATTEVILLE,CO 80651 SALAZAR JACOB & Additional Owners: 7391 HWY 66 SALAZAR MARY & 120920300029 SALAZAR JOHN & PLATTEVILLE,CO 80651 SALAZAR ESTEBAN SALAZAR PETE JR& SALAZAR PAUL R& SALAZAR JACOB & 7391 HWY 66 Wrtional Owners: 120920300030 AZAR JOHN & PLATTEVILLE,CO 80651 SALAZAR ESTEBAN SALAZAR MARY & http://maps2.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=120929100050&Part=1209200000... 8/28/2007 AFFIDAVIT OF INTERESTED LANNOWNERS • Page 2 of 2 SALAZAR PETE JR& S AZAR PAUL R& ZAR JACOB & Additional Owners: 7391 HWY 66 SALAZAR PAUL R& 120920400028 SALAZAR JOHN & PLATTEVILLE,CO 80651 SALAZAR ESTEBAN SALAZAR PETE JR & 8120 GAGE ST SAND LAND INC 120929000033 FREDERICK,CO 80516 http://maps2.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=120929100050&Part=1209200000... 8/28/2007 . • • • AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Property Legal Description: _EIRT or TI&E AkAik/ S=TioN �9 Tow.,,5/fiO 3 , o,<7/f 4qn)Gc (p7 cc c3i of T/Y 6 r< Pm. , c.o�<o ,oTy, (2. Property Legal Parcel Number: _i_2.09 9a DCe`t /d 09-2` -2,(2Cr)99 /ao 9-29/rnoso STATE OF COLORADO ) ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge, the attached list is a true and accurate list of the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land being considered. The list shall be prepared from the real property records by a person qualified to do the task, and shall be current as of a date more than thirty (30) days prior to tie date the application is submitted to the Department of Planning Services. Note: Mineral Notification is in addition to that required by C.R.S. 24-65.5-102 through 104. • By:Li�_�?"G Title: NN /-3/dc/ ER. The foregoing instrument was subscribed and sworn to me this3C -jay of ,(!/ d_ , 20 OZ.-. WITNESS my hand and official seal. ' My Commission Expires: J/2`I `)1O/o • YYY Notary Public • AGPRO • ■■ COMPLETE LAND & RESOURCE SOLUTIONS List of Mineral Owners and Mineral Lessees (Aurora Dairy Sec. 29) Subject Property: Township 3 North, Range 67 West, 6`h P.M., Weld County, CO. Section 29: Part of the Northwest '/ AgProfessionals, LLC states that to the best of its knowledge the following is a true and accurate list of the names and addresses of the mineral owners and mineral leasehold owners having an interest in the Subject Property, based upon the real property records of Weld County, CO, as verified through August 3, 2007. AgProfessionals, LLC • y. ody Holli sworth Mineral Owners Mineral Leasehold Owners Albert D Kurtz Kerr McGee 13634 WCR 17 Attention: John Butera Platteville, CO 80651 1999 Broadway Suite 3700 Denver, CO 80202 PSF Associates P.O. Box 2469 Twin Falls, Idaho 83301 Aurora Dairy Corporation 1401 Walnut Suite 500 Boulder, CO 80302 • ENGINEERING, SURVEYING, PLANNING & CONSULTING 4350 Highway 66[_ Longmont,CO 80504 970.535.9318/office-. 303.485.7838/metro p 970.535.9854/fax r www.agpros.com r a • • AGP RO ■■ COMPLETE LAND & RESOURCE SOLUTIONS October 5, 2007 Weld Co- ty Planning Department SO''- IW ST BUILDING OCT 1 0 2007 Weld County Planning Department RECEIVED Attention: Michelle Martin 4209 CR 24.5 Longmont, CO 8730 Dear Mrs. Martin: This letter is written to inform you and serve as proof that Agpro Enviromental Services, LLC, on behalf of Aurora Dairy Corporation (applicant/owner), has sent out the certified letters notifying the mineral interest owners and lessees of the USR application. The letter states the reason for the application and the time and date of the Planning Commission hearing, which is scheduled for December 18, 2007 at 1:30 p.m. The hearing will be held at the Weld County building located at 4209 CR 24.5, Longmont, Colorado. Please • also find a copy of the certified letter receipt for each letter sent. If you have any questions, please call AGPROfessionals, LLC at (970) 535-9318. We will be representing the owner throughout the application process. Sin ely, 11 Dusty McCorm' Planning and :uilding Coordinator cc: Weld County Planning Services • ENGINEERING, SURVEYING, PLANNING & CONSULTING 4350 Highway 66 Longmont,CO 80504 970.535.9318/office 303.485.7838/metro 1970.535.9854/fax www.agpros.com AGPROfaaio.al;LLC • • • a r S 4,,:�., "gi �' .. f'fir gkt ^+� S5"c-4 1/4 ECERTIFIED- is.. ro Salle fi' � • y.rxr .ry^� c a r 6',6�Y r. '.'; rsa,iS ru C W TIED AF Ekf'- h �yy cE C o �'4t �I wn$k 'RE. EeT n - .friOntet¢n70.004Q 11014 4444 "dragEPravided) `^ :ktib ilsrr414!'c9$$WGln ileaneee4rar�Pirovi") 7 ,::1trvYHif .eCtiflfgfnl6tlijn'vislf,(1a Henild&�7vlw:uspscum®. ationivlsi$. ... t�@fkvpvwvafeaRr6a s� '"s -� -, m m :,age ,� (i .9r o Pasta's II if .S� T lg do S a rp O� p *t^r74w.',foe a �VN p (demigod Roe i 02&5- I p p -�--t on Re CI I N PasimerQ� 0 Return�Reo itn Fee I 'l 2 11 Per" p Return Receipt Fee ^) `o' al Hors?wine/fit (Endorsement Poeutrod) 1 0� ( T�._ (Endorsement Required) a. i ( Uo OI p Restricted Delivery Fee . p Restricted Delivery Fee I i I Cr (Endorsement Reneiredl n {Endorser nt esuirvd) i mm 1; p a Total Po to le 4 F„os$ t5�� I Total Postage a Roes I$ P.n - o Sent To Albert D. Kurtz CD I J'ear 70 I in o . PSF Associates N 's5reet.Apt No.; ~ Ior"Door P.O. Box 2469 ° 13634 WCR 17 Platteville, CO 80651 '''grnre" 'rP' Twin Falls, ID 83301 5Fcppn sea Jump-2002 r ;'see Reverse for imm�igirons Ioiwrm"30$R:li)jte2(QR' -_ '"Y.s `;seeRm!ersetorinstrurtlnner. ry l Fk.& P itsairm ` " s . "- l�S,l cr Service. ru •:CERTIFIED INWAIt -RECEIPT ir . CERTIFIED MAIL RECEIPT L n '1. (oopfestinMai€Only;Na lnsurance'Caveraga'Provided,) S (gametic Mail Only;Nalnsutante Coverage Provided) • 'ilb dellvett lntereiatIunv)situuewatrsiteetwwwusps.,:ore-, ' Eea•_(vgly,inf renatl nvisit. rw •alt$atwww us•s.c•ms, m Postage 3 �_ m � Postage $ '.g p r..difled Foe 47 S O Certified Fee Co O tic p Return Receipt Fee' a Of Homo 0 Return Receipt Fee �( �Post 0 1 Her. (Endorsement Required) h J( tr I mo (Endorsement Required) i I-- U p Restricted Deliver,F^e! V p Restricted Delivery Foe `+ 0 L' (Endorsement oe,mlrorIt d " o Q m (Endorsement Required) $p Total Postage&Fens �� I _4P p Total Postage 3 Foes SD.-,, 0 p o .▪ sent To p Sent To Kerr McGee i Aurora Dairy Corporation .. . 1 4,&mo� N- rSrmet.Apt.No.; Attention: John Butera ',eo>ipt No.,wox .i.. 1401 Walnut Suite 500 orr'°Box No. 1999 Broadway Suite 3700 I".PA-.P ia.11°"' Boulder, CO 80302 Cap,State.21'Pea p Denver, CO 80202 y.tfte'3Adfi$"innnea2ga'24 , .., ,See.RaversR;tarttnatn{cilans eSF4?rSS aom 3une2,r. ,,.; ,`ci,utis, • AGPRO • a ■■ COMPLETE LAND & RESOURCE SOLUTIONS October 5, 2007 PSF Associates P.O. Box 2469 Twin Falls, Idaho 83301 To Whom It May Concern: This letter is written to inform you that Aurora Dairy Corporation, (applicant/owner) is filing for an Amended Use By Special Review permit with Weld County on the property described below. The Use By Special Review permit is to remodel the existing dairy, to a 3,000hd Dairy facility to be built and operated on the property. Records indicate you may have a minerals interest in the property. Enclosed is a map of the property. The Planning Commission hearing is scheduled for December 18, 2007 at 1:30 p.m. The hearing will be held at the Weld County building located at 4209 CR 24.5, Longmont, Colorado. If you have any questions, please call AGPROfessionals, LLC at (970) 535-9318. We will be representing the owner throughout the application process. Legal Description: Parcel of land being part of the North 1/2 of Section 29, Township 3 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado. The property is located on the south side of State Highway 66 west of the Saint Vrain River crossing. Sincerely, Dusty McCormick Planning and Building Coordinator cc: Weld County Planning Services • ENGINEERING, SURVEYING, PLANNING & CONSULTING 4350 Highway 66 o Longmont,CO 80504 970.535.9318/office L, 303.485.7838/metro. 970.535.9854/fax L www.agpros.com AGPROfaSiCmals,LLC PRO • ■ COMPLETE LAND & RESOURCE SOLUTIONS October 5, 2007 Albert D Kurtz 13634 WCR 17 Platteville, CO 80651 To Whom It May Concern: This letter is written to inform you that Aurora Dairy Corporation, (applicant/owner) is filing for an Amended Use By Special Review permit with Weld County on the property described below. The Use By Special Review permit is to remodel the existing dairy,to a 3,000 Dairy facility to be built and operated on the property. Records indicate you may have a minerals interest in the property. Enclosed is a map of the property. The Planning Commission hearing is scheduled for December 18, 2007 at 1:30 p.m. The hearing will be held at the Weld County building located at 4209 CR 24.5, Longmont, • Colorado. If you have any questions, please call AGPROfessionals, LLC at (970) 535-9318. We will be representing the owner through out the application process. Legal Description: Parcel of land being part of the North V2 of Section 29, Township 3 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado. The Property is located on the south side of State Highway 66 west of the Saint Vrain River crossing. Sincerely, Dusty McCormick Planning and Building Coordinator cc: Weld County Planning Services • ENGINEERING, SURVEYING, PLANNING & CONSULTING 4350 Highway 66 n Longmont,CO 80504 970.535.9318/office n 303.485.7838/metro n 970.535.9854/fax u www.agpros.com Acmor®OO.u.LLC • • AGPRO �■ COMPLETE LAND & RESOURCE SOLUTIONS October 5, 2007 Aurora Dairy Corporation 1401 Walnut Suite 500 Boulder, CO 80302 To Whom It May Concern: This letter is written to inform you that Aurora Dairy Corporation, (applicant/owner) is filing for an Amended Use By Special Review permit with Weld County on the property described below. The Use By Special Review permit is to remodel the existing dairy, to a 3,000hd Dairy facility to be built and operated on the property. Records indicate you may have a minerals interest in the property. Enclosed is a map of the property. The Planning Commission hearing is scheduled for December 18, 2007 at 1:30 p.m. The hearing will be held at the Weld County building located at 4209 CR 24.5, Longmont, Colorado. • If you have any questions, please call AGPROfessionals, LLC at (970) 535-9318. We will be representing the owner throughout the application process. Legal Description: Parcel of land being part of the North %s of Section 29, Township 3 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado. The property is located on the south side of State Highway 66 west of the Saint Vrain River crossing. Sincerely, Dusty McCormick Planning and Building Coordinator cc: Weld County Planning Services • ENGINEERING, SURVEYING, PLANNING & CONSULTING 4350 Highway 66 o Longmont,CO 80504 970.535.9318/ office i, 303.485.7838/metro[ 970.535.9854/fax www.agpros.com AGPROfs.iona .LLC . f � z PRO • `.'■ COMPLETE LAND 8c RESOURCE SOLUTIONS October 5, 2007 Kerr McGee Attention: John Butera 1999 Broadway Suite 3700 Denver, CO 80202 To Whom It May Concern: This letter is written to inform you that Aurora Dairy Corporation, (applicant/owner)is filing for an Amended Use By Special Review permit with Weld County on the property described below. The Use By Special Review permit is to remodel the existing dairy, to a 3,000hd Dairy facility to be built and operated on the property. Records indicate you may have a minerals interest in the property. Enclosed is a map of the property. The Planning Commission hearing is scheduled for December 18, 2007 at 1:30 p.m. The hearing will be held at the Weld County building located at 4209 CR 24.5, Longmont, • Colorado. If you have any questions, please call AGPROfessionals, LLC at (970) 535-9318. We will be representing the owner throughout the application process. Legal Description: Parcel of land being part of the North V2 of Section 29, Township 3 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado. The property is located on the south side of State Highway 66 west of the Saint Vrain River crossing. Sincerely, Dusty McCormick Planning and Building Coordinator cc: Weld County Planning Services • ENGINEERING, SURVEYING, PLANNING & CONSULTING 4350 Highway 66 la Longmont,CO 80504 970.535.9318/ office n 303.485.7838/metro 0970.535.9854/fax o www.agpros.com AGPROfescaonals LLC err-McGee Oil& Gas Onshore LP• • A Subsidiary of ` I' Planning Department (3 !` E5T BUILDING nada�2 aiil':,1 3 o zoos • Petroleum Corporation RECEIVED 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 Use by Special Review Case Number: USR-1625 Aurora Dairy Corporation—Applicant Township 3 North, Range 67 West, 6th P.M. Section 29: Part of the N/2 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. KMG's rights may be adversely affected by the Site Specific Development Plan and Use by Special Review 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 • 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 Weld County Planning Commission• October 26, 2007 Page 2 • 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. 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 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 • Weld County Planning Department SD!ITN Ircl !WILDING Weld County Planning Department Kerr-McGee Oil& Gas Onshore LP DEL 1 .` 2007 A Subsidiary of GREELEY OFFICE DEC 13 2007 Anadar�lc RED EIVED Petroleum Corporation RECEIVED December 11, 2007 VIA FACSIMILE AND U.S. MAIL Weld County Planning Commission 4209 CR 24.5 Long nnnt, Colorado 80504 Re: Aurora Dairy Corporation— Site Specific Development Plan and Use by Special Review Case Number: USR-1625 Aurora Dairy Corporation—Applicant Township 3 North, Range 67 West, 6th P.M. Section 29: Part of the N/2 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 part of the N/2 of Section 29, Township 3 North, Range 67 West that is the subject of the application for USR-1625. 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. Ve ruly s, Butera Landman Cc: Joseph H. Lorenzo—Kerr-McGee Oil & Gas Onshore LP Cheryl Diedrich—Kerr-McGee Gathering LLC • Hello