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Home My WebLink About20080501.tiff 641->41 MEMORANDUM TO: Chris Gathman, Planning Services DATE: September 10, 2007 FROM: David Snyder, Engineer SUBJECT: USR-1624, Encana Oil & Gas COLORADO The Weld County Public Works Department has reviewed this proposal. This project falls primarily under the purview of the Use by Special Review Standards, Weld County Code, Chapter 23, Article II, Division 4, Section 23. Our comments and requirements are as follows: COMMENTS AND REQUIREMENTS: Weld County Road Classification Plan (FHU): (June 2003) WCR 4 is a local gravel road and requires a 60-foot right-of-way at full build out. There is presently a 60-foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of setback in the Weld County Zoning (23-1-90), the required setback is from the future right-of-way. WCR 19 is a major arterial road, which requires a 140-foot right-of-way at full build out. There is presently a 60-foot right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Geld County Zoning (23-1-90), the required setback is measured from the future right-of-way line. The most recent traffic count on WCR 19 shows an ADT of 660. This USR will add approximately 150 ADT. Access: Existing access will be utilized. No new access points are proposed. A 40' radius is required on all accesses to public roads for accesses designed to accommodate truck traffic. {A minimum effective turning radius of forty (40) feet shall be used for accesses intended to accommodate truck traffic. (Weld County Codification Ordinance 2000-1)} Sec. 8-2-40 B. Road access design standards. The applicant shall indicate specifically on the plat the type of right-of-way/easement that exists. Storm Water Drainage: The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. The applicant must take into consideration storm water capture/quantity and provide accordingly for best management practices. The applicant is required to comply with all Colorado Department of Health and Environmental (CDPHE) regulations regarding berming and spill prevention for materials and liquids stored on site. This area IS NOT in FEMA Flood Zones. pc: USR-1624 EXIT M:\PLANNING-DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1624.DOC 2008-0501 Weld County PlaGREELEnning OFFICE OCT 1 9 2007 • EIVED MEMORANDUM TO: CHRIS GATHMAN, PLANNING SERVICES FROM: CHARLOTTE DAVIS, ENVIRONMENTAL HEALTH "�Y SUBJECT:USR-1624 ENCANA OIL AND GAS DATE: 10/16/2007 COLORADO CC: Environmental Health Services has reviewed this proposal for natural gas processing, odorization, land farming, crude oil storage, office use, storage, pipe fabrication, research and development lab, measuring equipment repair and calibration. We have no objections to the proposal, however, we do recommend that the following conditions be part of any approval: We recommend that the following requirements be met prior to allowing the plat to be recorded: • 1. All required Air emissions Permits must be obtained from the Air Pollution Control Division, Colorado Department of Public Health and Environment. Evidence of such shall be submitted, in writing, to the Weld County Department of Public Health and Environment and the Weld County Department of Planning Services. 2. The applicant shall submit an odor abatement plan for the natural gas odorization facility for review and approval, to the Environmental Health Services, Weld County Department of Public Health & Environment. 3. A Soil and Ground Water Monitoring Plan shall be submitted to the Weld County Department of Public Health and Environment for review and approval 4. A Detailed Design and Operation Plan shall be submitted to the Weld County Department of Public Health and Environment, for review and approval, for the land treatment facility. The land treatment facility shall be constructed and operated, in accordance with the approved design. Evidence shall be submitted to the Weld County Department of Public Health and Environment and the Colorado Oil and Gas Conservation Commission (COGCC) that demonstrates the land treatment facility will be constructed in accordance with the approved design. 5. A Detailed Closure Plan shall be submitted to the Weld County Department of • Public Health and Environment and the Colorado Oil and Gas Conservation . Commission. The Closure Plan shall include a description of the manner in which the treated and hydrocarbon-contaminated soils will be disposed of, as well as specific details regarding reclamation of the property. No equipment associated with the facility shall remain on the property following closure. 6. The facility shall post financial assurance with the Colorado Oil and Gas Conservation Commission (COGCC). The financial assurance shall be adequate to cover a third-party closure of the facility, including removal of soil that has been affected by hydrocarbons or other contamination. The site shall be returned to its original grade. In the event the COGCC does not have the authority to require financial assurance for the entire cost required for the third- party closure, the facility shall post the remainder of the financial assurance with Weld County. The facility shall submit evidence of such, in writing, to the Weld County Department of Public Health and Environment. 7. The applicant shall submit a dust abatement plan for review and approval, to the Environmental Health Services, Weld County Department of Public Health & Environment. 8. According to the application materials the facility's water system serves and/or will serve more 25 persons on a daily basis. The water system shall comply with the Colorado Primary Drinking Water Regulations (5 CCR 1003-1). Evidence shall be provided to the Weld County Department of Public Health and Environment that the system complies with the Regulations. • 9. All septic systems serving the operation shall be reviewed by a Colorado Registered Professional Engineer. The review shall consist of observation of the systems and a technical review describing the systems ability to handle the proposed hydraulic load. The review shall be submitted to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. In the event the system is found to be inadequately sized or constructed the system shall be brought into compliance with current Regulations. 10.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. 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. 3) The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number). • 2 • 11.The applicant shall provide evidence to the Weld County Department of Public and Environment that berming and containment for the landfarming portion of the site is constructed in accordance with the Colorado Oil and Gas Conservation Commission Rule 907. We recommend that the following requirements be incorporated into the permit as conditions that must be met prior to operation: 1. A stormwater discharge permit may be required for a development/redevelopment/construction site where a contiguous or non- contiguous land disturbance is greater than or equal to one acre in area. The applicant shall inquire with the Water Quality Control Division (WQCD) of the Colorado Department of Public Health and Environment at www.cdphe.state.co.us/wq/PermitsUnit if they are required to obtain a stormwater discharge permit. Alternately, the applicant can provide evidence from WQCD that they are not subject to these requirements. We recommend that the following requirements be incorporated into the permit as conditions that must be met prior to the issuance of the Certificate of Occupancy: • 1. An individual sewage disposal system is required for the proposed gas plant with a control room, an office and space for training activities shall be installed according to the Weld County Individual Sewage Disposal Regulations. 2. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. We recommend that the following requirements be incorporated into the permit as development standards: 1. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. • 3 3. Waste materials shall be handled, stored, and disposed in a manner that controls • fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The applicant shall operate in accordance with the approved "waste handling plan". 5. The facility shall be constructed and operated to ensure that contamination of soils and ground water does not occur. 6. No disposal of waste, other than non-hazardous hydrocarbon-affected soil and frac sand derived from the Encana oil and gas properties in Weld County. 7. All chemicals stored on the site must be stored according to manufacturer recommendations for safe storage and handling. 8. The facility shall notify the Weld County Department of Public Health and Environment, the Weld County Planning Services, and the Colorado Oil and Gas Conservation Commission (COGCC) , a minimum of 90 days prior to closure. 9. The ground water monitoring wells shall be sampled in accordance with the approved ground water monitoring plan. The facility shall submit groundwater monitoring results to the Weld County Department of Public Health and • Environment and the Colorado Oil and Gas Conservation Commission COGCC). In the event the down gradient wells exhibit a statistical increase over background levels, the facility shall: a. Cease acceptance of contaminated soils on the site, pending review of the analytical data by Weld County Department of Public Health and Environment and the Colorado Oil and Gas Conservation Commission (COGCC). b. Notify the Weld County Department of Public Health and Environment and the Colorado Oil and Gas Conservation Commission (COGCC) in writing within five (5) working days. c. Immediately develop a plan to determine the extent of contamination. This plan must be approved by the Weld County Department of Public Health and Environment and the Colorado Oil and Gas Conservation Commission (COGCC). d. Upon determining the extent of contamination, the facility shall develop a remedial action plan. This plan must be reviewed and approved by the Weld County Department of Public Health and Environment and the Colorado Oil and Gas Conservation Commission (COGCC). • 4 f • 10.The facility shall collect and analyze soil samples in accordance with the approved soil monitoring plan, directly beneath the treatment area. The facility shall submit soil monitoring results (including sample location) to the Weld County Department of Public Health and Environment and the Colorado Oil and Gas Conservation Commission (COGCC). In the event the soils exhibit an impact from the facility at a depth greater than five (5) feet from grade, the facility shall: a. Cease acceptance of contaminated soils on the site, pending review of the analytical data by Weld County Department of Public Health and Environment and the Colorado Oil and Gas Conservation Commission (COGCC). b. Notify the Weld County Department of Public Health and Environment and the Colorado Oil and Gas Conservation Commission (COGCC) in writing within five (5) working days. c. Immediately develop a plan to determine the extent of contamination. This plan must be approved by the Weld County Department of Public Health and Environment and the Colorado Oil and Gas Conservation Commission (COGCC). • d. Develop a remedial action plan addressing clean up of the contaminated soil, determine, and amend operation practices as necessary to abate the impact. The plan shall be approved the Weld County Department of Public Health and Environment and the Colorado Oil and Gas Conservation Commission (COGCC). The facility must receive approval from the Weld County Department of Public Health and Environment and the Colorado Oil and Gas Conservation Commission (COGCC) prior to accepting additional contaminated soils on the site. 11.Soil and ground water monitoring requirements may be revised and amended at a later date. The Weld County Department of Public Health and Environment reserves the right to require additional environmental monitoring requirements if the facility demonstrates that it is necessary. The facility may request the Weld County Department of Public Health and Environment and the Weld County Planning Services to amend monitoring requirements, provided an adequate demonstration can be made of the irrelevance of the monitoring. 12.Any analysis of waste shall be forwarded to the Weld County Department of Public Health and Environment. The Department reserves the right to require additional, more extensive monitoring at a later date. • 5 1 I 13.All stormwater, which has come into contact with waste materials on the • landfarming portion of the site, shall be confined on the site and bermed in accordance with the Colorado Oil and Gas Conservation Commission Rule 907. 14.The facility cannot accept or handle hydrocarbon-affected soils that are non- exploration and production (E and P) wastes (ie., diesel impacted soil). 15.The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank Regulations (7 CCR 1101-14). 16.Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be operated in accordance with the approved dust abatement plan at all times. 17.The operation shall comply with all applicable State noise statutes and/or regulations. 18.Adequate handwashing and toilet facilities shall be provided for employees and visitors of the facility. 19.Sewage disposal for the facility shall be by septic system. Any septic system located on the property must comply with all provisions of the Weld County Code, pertaining to Individual Sewage Disposal Systems. • 20.No laboratory chemicals or wastes shall be deposited into the septic system. 21 .The water system shall comply with the requirements for a community water system as defined in the Primary Drinking Water Regulations (5 CCR 1003-1). 22. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. 23.The operation shall comply with all applicable rules and regulations of the State and Federal agencies and the Weld County Code. • 6 0 • Weld County Referral 111kSeptember 4, 20O7 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Encana Oil & Gas Case Number USR-1624 Please Reply By October 4, 2007 Planner Chris Gathman Project A Site Specific Development Plan and a Special Review Permit for Mineral resource development facilities including: oil and gas storage facilities (crude oil storage) and oil and gas support and service (natural gas processing, odorization, land farming, office use, storage, pipe fabrication, research &development lab, measuring equipment repair and calibration) in the A(Agricultural) Zone District. Legal Lot B RE-1595 and Part of Lot A RE-641; located in part of the SE4 of Section 28, T1N, R67W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to CR 4 and west of and adjacent to CR 19. . Parcel Number 1469 28 400002 & 1469 28 000017 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. Weld County Planning Commission Hearing (if applicable) November 20, 2007 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ii( We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. U Please notify me of any public hearings regarding this request. Comments:\ t-C4A as) 6., 'M (—Ni \VQ& anke_v r tf j V'ICD 'A 0, wo talc eut74-'. • Signature �� Date q-t p-� Agency • C 0 kkl 0 +Weld County Planning Dept. +918 10th Street, Greeley. CO.80631 {•(970)353-6100 ext.3540 <•(970)304-6498 fax 6 DEPARTMENT OF PLANNING SERVICES BUILDING INSPECTION NORTH OFFICE 918 10`"Street I• ratDGREELEY, COLORADO 80631 PHONE (970) 353-6100, EXT.3540 C. FAX (970) 304-6498 SOUTHWEST OFFICE COLORADO 4209 CR 24.5 LONGMONT CO 80504 PHONE (720)652-4210 ext. 8730 FAX (720)652-4211 October 5, 2007 Encana Oil & Gas USR-1624 1. Building permits will be required for all new buildings on site as well as existing structures that have a change of use. A building permit will also be required for additional equipment that will require a foundation. 2. A plan review is required for each building. Plans will require the wet stamp of a Colorado registered architect or engineer. 3. Buildings shall conform to the requirements of the codes adopted by Weld County at the time of permit application. 4. Fire resistance of walls and openings, construction requirements, maximum building height and allowable areas as well as occupancy classification will be reviewed at the plan review stage. • 5.A letter of approval from Brighton Fire Protection District is required prior to the issuing of building permits. 6. Building records do not show any outstanding permits on site based on the parcels supplied. Please contact me for any further information regarding this project. Sincerely, it ly.„.7 Bryon Horgen Assistant Building Official • Service,Teamwork,Integrity,Quality Od 05 07 07:49a GBFPD 30336594103 p2("it issee;N:Nsss\t,• Weld County Referral September 4, 2007 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Encana Oil &Gas Case Number USR-1624 Please Reply By October 4, 2007 Planner Chris Gathman Project A Site Specific Development Plan and a Special Review Permit for Mineral resource development facilities including: oil and gas storage facilities (crude oil storage) and oil and gas support and service (natural gas processing, odorizabon, land farming, office use, storage, pipe fabrication, research &development lab, measuring equipment repair and calibration) in the A (Agricultural)Zone Distract, Legal Lot B RE-1595 and Part of Lot A RE-641; located in part of the SE4 of Section 28, T1 N, R67W of the 6th P.M., Weld County, Colorado. Location North of and adjacent to CR 4 and west of and adjacent to CR 19. • Parcel Number 1469 26 400002 & 1469 28 000017 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. Weld County Planning Commission Hearing (if applicable) November 20, 2007 0 We hove reviewed the request and find that it does/does not comply with our Comprehensive Plan O7We have reviewed the request and find no conflicts with our interests. l7 See attached letter. 0 Please notify me of any public hearings regarding this request Comments Signature - Date —S-07 • Agency +Weld County Planning Dopt. +918 10"'Street, Greeley,CO.80631 +(97O)353-6100 ext.3540 0(970)304-6498 tax Oct05 07 07:49a GBFPD 3036594103 P.3 , 1 Greater Brighton Fire Protection District #74 425 South Main Street.9ri0hIon,Colorado 80801 • Telephone (303)6594101 •Fax 303 ( )65841 03•Wotxtito: www.gbfpd.org, October 4, 2007 Mr, Chris Gatlunan Weld County Planning Department 918 10th Street Greeley, CO 80631 SUBJECT: WELD COUNTY REFERRAL CASE NUMBER: USR-1624 APPLICANT: ENCANA OIL & GAS LOCATION: North of and adjacent to CR4; West of and adjacent to CR19. Dear Mr. Gathman: The Fire Prevention Bureau has reviewed the Weld County Referral application dated September 4, 2007 and has the following comments for your consideration: The Fire District can not approve the USR application at this time until further information is provided. Please notify the applicant to contact the Fire District as soon as possible to discuss fire access, location of bulk oil storage and fur protection systems. 1. The Fire District shall review and approve the fire protection plans for the bulk oil storage facility when they become available. 2. Applicant shall provide to the Fire District the Hazardous Material Inventory Statement and Hazardous Material Mitigation Plan for all hazardous materials used or stored that are above the exempts amounts per the fire code. 3. The Fire District shall review and approve all new construction permits (erected or moved onto the site). 4. This project shall comply with the 2006 International Fire Code. Should you have any questions on this review please do not hesitate to contact me. Respectfully, Fire Prevention Bureau cc: Wally Taylor, EnCarta Oil& Gas, Inc. __ Cs.r..illa/ Te TF. (,re...aa:Cirr /jrd eitirser Afine't Oa. DirCr:al ... .._. Oct 12 07 01:08p GBFPD 3036594103 p.2 e° ''N Greater Brighton Fire Protection District • u 425 South Main Street•Brighton, Cobfatlo 80601 C T 'd'mmd*` Telephone: (303)6594101 •Fax: (303)659-4103•Website: w,ow.gbfptl.org, October 12, 2007 Mr. Chris Gathman Weld County Planning Department 918 10th Street Greeley,CO 80631 SUBJECT: WELD COUNTY REFERRAL CASE NUMBER: USR-1624 APPLICANT: ENCANA OIL & GAS LOCATION: North of and adjacent to CR4; West of and adjacent to CR19. Dear Mr. Gathman: The Fire Prevention Bureau has additional comments regarding the Weld County Referral application dated September 4, 2007 for your consideration: The applicant has contacted the Fire District and furnished the neeecs•9ry information to approve • the Use By Special Review(No. 1624). 1. The Fire District shall review and approve the plans for the bulk oil storage facility if and when EnCana intends to install the facilities. Should you have any questions on this review please do not hesitate to contact me. Respectfully, an Biro Fire Prevention Bureau cc: Bill Crews, CPL • C.nn%tt.d r. n. e,nraq lei*I ,4,d Cai:..r Allth. 0.P D%rtr%nC STATE OF COLORADO OFFICE OF THE STATE ENGINEER ion of Water Resources Weld County Plam} Ing Department ov � epartment of Natural Resources GRtEI.fV Oti•�CE $ 1313 Sherman Street, Room 818 P. Denver, Colorado 80203 �� / 21)Df y�1gpe Phone(303)866-3581 FAX(303)866-3589 ® E ryr� j a. 7-71"!p C�_- Bill Ritter,Jr. http://www.water.state.co.us Governor Harris D.Sherman September 10, 2007 Executive Director Chris Gathman (Vacant) Weld County Planning Dept. State Engineer 918 10th Street Greeley, CO 80631 Re: USR-1624 — A site specific development plan and a special review permit for Mineral resource development facilities including: oil and gas storage facilities and oil and gas support and service Dear Mr. Gathman: This referral does not appear to qualify as a "subdivision" as defined in Section 30-28- 101(10)(a), C.R.S. Therefore, 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 do not address the adequacy of the water supply plan for this project or the ability of the water supply plan to satisfy any County regulations or requirements. In • addition, the comments provided herein cannot be used to guarantee a viable water supply plan or infrastructure, the issuance of a well permit, or the physical availability of water. According to the referral information the site is currently served by a commercial well. The referral information did not specify the permit number of the well and such information could not be determined from the records available in the State Engineer's Office. Therefore, our office cannot comment on the wells ability to serve the facility. If the County re-refers the project to our office with the permit number and other relevant information, our office can provide additional comments. Should you have any questions in this matter, please contact Joanna Williams of this office. Sincerely, QQ ,./.1 rZ �„L:1.n- Kevin G. Rein, P.E. Chief of Water Supply KGR/JMW M W • STA I OF COLORADO OFFICE OF THE STATE ENGINEER ativision of Water Resources oc cow epartment of Natural Resources '.11,11(' `0! .ty Planning DBpoltmf':n -7 a' PZa F@LEY OFFICE 4 +' 1313 Sherman Street, Room 818 q�� + /•% Denver,Colorado 80203 (1C,T Q 2 LUrJ! '!&vs` Phone(303)866-3581 r oU FAX(303)866-3589 VE® Bill Ritter,Jr. http://www.water.state.co.us „ �,EI G Governor Harris D.Sherman September 26, 2007 Executive Director Chris Gathman (Vacant) Weld County Planning Dept. State Engineer 918 10th Street Greeley, CO 80631 Re: USR-1624 — A site specific development plan and a special review permit for Mineral resource development facilities including: oil and gas storage facilities and oil and gas support and service Dear Mr. Gathman: This referral does not appear to qualify as a"subdivision"as defined in Section 30-28- 101(10)(a), C.R.S. Therefore, 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 do not address the adequacy of the water supply plan for this project or the ability of the water supply plan to satisfy any County regulations or requirements. In • addition, the comments provided herein cannot be used to guarantee a viable water supply plan or infrastructure, the issuance of a well permit, or the physical availability of water. According to the additional information submitted on September 26, 2007, the site will be served by an existing well constructed into the Laramie-Fox Hills aquifer, under permit no. 18674-F. Permit no. 18674-F was issued on August 1, 1974 for industrial use, an average annual withdrawal of 5 acre-feet and a maximum pumping rate of 75 gallons per minute. The well permit is valid and the well can be used to serve the operation as long as it is operated in accordance with the terms and conditions of the well permit. Should you have any questions in this matter, please contact Joanna Williams of this office. Sincerely,�.1/2iYrt-9LGQ WL- Kevin G. Rein, P.E. Chief of Water Supply KGR/JMW • Weld C.-. • l spnrtment Kerr-McGee Oil& Gas Onshore LP • A Subsidiary of wnada� RECEIVED Petroleum Corporation September 24, 2007 VIA FACSIMILE AND U.S. MAIL Weld County Planning Commission Attn: Chris Gathman 918 10th Street Greeley, Colorado 80631 Re: USR 1624 - Site Specific Development Plan and Special Review Permit Encana Oil & Gas, Applicant Township 1 North, Ranee 67 West, 6th P.M. Sections 28: SE/4 Weld County, Colorado • Dear Mr. Gathman: 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 USR 1624 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, 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 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 1 Weld County Planning Commission September 10, 2007 Page 2 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 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 720-929-6772 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 I C, • V /it (_2 I1112 � Daniel M. Casper Senior Staff Landman cc: Encana Oil & Gas c/o William G. Crews—Applicant (by U.S. Mail) Joseph H. Lorenzo—Kerr-McGee Oil & Gas Onshore LP Kevin Osif—Kerr-McGee Gathering LLC • Hello