HomeMy WebLinkAbout20063253.tiff Weld County Planning Department
SOUTHWEST BUILDING
OCT 1 6 2006
4'! KerrlVtGee RECEIVED
Kerr-McGee Oil&Gas OnShore LP
1999 Broadway,Suite 3700,Denver,Colorado 80202
303-296-3600•Fax 303-296-3601
October 13, 2006
VIA FACSIMILEAND U.S. MAIL
Weld County Department of Planning
Attn: Kim Ogle-Planner
4209 County Road 24.5
Longmont, Colorado 80504
Re: Newby Farms Property-Notification of Surface Development
Newby Farms, L.L.C. c/o Village Homes of Colorado, Inc. - Applicant
Township 3 North, Range 68 West of the 6th P.M.
Section 33: SE/4 & SW/4
Weld County, Colorado
Dear Mr. Ogle:
This letter is being sent to inform you that Kerr-McGee Oil & Gas Onshore LP
("KMG") holds valid and subsisting oil and gas lease rights in the captioned property.
KMG's rights may be adversely affected by the Notice of Surface Development being
proposed by Newby Farms, L.L.C. ICMG 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 Weld 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 Weld County approves the developer's application. However, as of this
date, KMG and Newby Farms, L.L.C. have not concluded such an agreement. KMG
must object to any approval by Weld County of Newby Farms, L.L.C.'s plans that fail to
fully accommodate KMG's right to explore for, develop and produce oil and gas from its
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Weld County Department of Planning
October 13, 2006
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leasehold interests. KMG requests that the Weld 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 720-264-2642 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 Weld County to
accomplish its land use planning goals.
Very truly yours,
KERR-McGEE OIL & GAS ONSHORE LP
ohn
Landman
cc: Newby Farms, L.L.C c/o Village Homes of Colorado, Inc. —Applicant (by
facsimile and U.S. mail)
Joseph H. Lorenzo—Kerr-McGee Oil & Gas Onshore LP
Joseph Sanchez—Kerr-McGee Gathering LLC
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