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Home My WebLink About20071630.tiff DEI-„RTMENT OF PLANNING SERVICES KitQ NORTH OFFICE 9. _ E1 10TH Street GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 'gluC. COLORADO November 14, 2006 NOTICE TO SURROUNDING PROPERTY/MINERAL INTEREST OWNERS CASE NUMBER: AmUSR-1133 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, January 2, 2007, at 1:30 p.m., in the Hearing Room, Weld County Planning Department, 918 10'" Street, Greeley, Colorado concerning the request of: NAME: Michael Faulkner, Faulkner Dairy FOR: A Site Specific Development Plan and Special Review Permit for an Agriculture Service Establishment primarily engaged in performing agriculture,animal husbandry,or horticultural services on a fee or contract basis, including Livestock Confinement Operation (a Dairy operation with a total of 5,400 head)including the accessory to the farm mobile homes(6 total)in the A(Agricultural)Zone District LEGAL DESCRIPTION: SW4 Section 29, T7N, R64W of the 6th P.M., Weld County, Colorado. LOCATION: East of and adjacent to CR 51; north of and adjacent to CR 76. 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 Hannah Hippely, Planner. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 918 10th Street, Greeley, Colorado 80631, 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. 2007-1630 CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Case Number AMUSR-1133 was placed in the United States Mail, first class mail, postage prepaid, addressed to the following properties. M� !a� Dated the 1ST day of NOVEMBER, 2006 �{�►\Oc J Voneen Macklin Recording Secretary for Planning Commission SURROUNDING PROPERTY OWNERS MINERAL INTEREST OWNERS CECIL GLENN ANADARKO E&P COMPANY 36640 CR 51 ATTN: MGR LAND, WEST DIV EATON CO 80615 PO BOX 9149 THE WOODLANDS TX 77387-9147 FAULKNER DAIRY 300 E 16TH ST. #301 ANADARKO LAND CORP GREELEY CO 80631 ATTN: MGR PROP & ROW PO BOX 9149 HEINZE WALTER THE WOODLANDS TX 77387-9147 39446 MAIN ST EATON CO 80615 ST JAMES ENERGY OPERATING 11177 EAGLE VIEW DRIVE MCGINNIS MARGARET STE. 1 2286 S RIM DR SANDY UT 84092 GRAND JUNCTION CO 81503 O CONNOR JOSEPH 25504 CR 76 EATON CO 80615 BOOT HILL FARMS 37584 CR 51 EATON CO 80615 DILLARD FAMILY PO BOX 333 GALETON CO 80622 KUTCHER DENNIE 25056 CR 76 EATON CO 80615 PELZ JOE 28271 CR 74 EATON CO 80615 ROUSE GLEN PO BOX 189 SEDALIA CO 80135 t4- '41;I DEPARTMENT OF PLANNING SERVICES a NORTH OFFICE O 91Y10" Street O8061 GR 3-6100 C x 80631 PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 WUDc. COLORADO April 10, 2007 NOTICE TO SURROUNDING PROPERTY/MINERAL INTEREST OWNERS CASE NUMBER: AmUSR-1133 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, May 1, 2007, at 1:30 p.m., in the Hearing Room, Weld County Planning Department, 918 10th Street, Greeley, Colorado concerning the request of: NAME: Michael Faulkner, Faulkner Dairy FOR: A Site Specific Development Plan and Special Review Permit for an Agriculture Service Establishment primarily engaged in performing agriculture,animal husbandry,or horticultural services on a fee or contract basis, including Livestock Confinement Operation (a Dairy operation with a total of 9,000 head)as well as the existing permitted accessory to the farm mobile homes (6 total) in the A(Agricultural)Zone District LEGAL DESCRIPTION: SW4 Section 29, T7N, R64W of the 6th P.M., Weld County, Colorado. LOCATION: East of and adjacent to CR 51; north of and adjacent to CR 76. 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 Hannah Hippely, Planner. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 918 10th Street, Greeley, Colorado 80631, 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. CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Case Number AMUSR-1133 was placed in the United States Mail, first class mail, postage prepaid, addressed to the following properties. Dated the 149' day of March, 2007 .11:A ( in,2 Y t1r v ./2 Kristine Ranslem Recording Secretary for Planning Commission SURROUNDING PROPERTY OWNERS MINERAL INTEREST OWNERS CECIL GLENN ANADARKO E&P COMPANY 36640 CR 51 ATTN: MGR LAND, WEST DIV EATON CO 80615 PO BOX 9149 THE WOODLANDS TX 77387-9147 FAULKNER DAIRY 300 E 16TH ST. #301 ANADARKO LAND CORP GREELEY CO 80631 ATTN: MGR PROP & ROW PO BOX 9149 HEINZE WALTER THE WOODLANDS TX 77387-9147 39446 MAIN ST EATON CO 80615 ST JAMES ENERGY OPERATING 11177 EAGLE VIEW DRIVE MCGINNIS MARGARET STE. 1 2286 S RIM DR SANDY UT 84092 GRAND JUNCTION CO 81503 O CONNOR JOSEPH 25504 CR 76 EATON CO 80615 BOOT HILL FARMS 37584 CR 51 EATON CO 80615 DILLARD FAMILY PO BOX 333 GALETON CO 80622 KUTCHER DENNIE 25056 CR 76 EATON CO 80615 PELZ JOE 28271 CR 74 EATON CO 80615 ROUSE GLEN PO BOX 189 SEDALIA CO 80135 AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE Subject Parcel: 071129000025 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' submission date. Signatures! Date /Q Property Owners Within 500 ft. of Parcel# 071129000025 NAME I MAILING ADDRESS I PARCEL IDENTIFICATION # 36640 COUNTY RD 51 CECIL GLENN DEWAYNE EATON,CO 80615 71132000068 300 E 16TH ST#301 FAULKNER DAIRY II LLC GREELEY,CO 80631 71129000026 39446 MAIN ST HEINZE WALTER F EATON,CO 80615 71129000024 2286 S RIM DR all 3 CrecQ GRAND JUNCTION,COel Callws CA MCGINNIS MARGARET JEAN 81503 71132100064 605-2. . 25504 COUNTY RD 76 O CONNOR JOSEPH D &ANN M EATON,CO 80615-9508 71132100061 AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE Subject Parcel: 071129000026 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 oft e application's submission date. Signature Date l0 — /--Q 6 . Property Owners Within 500 ft. of Parcel# 071129000026 NAME I MAILING ADDRESS I PARCEL IDENTIFICATION # 37584 WELD CO RD 51 BOOT HILL FARMS INC EATON,CO 80615 71129000033 37584 WELD CO RD 51 BOOT HILL FARMS INC EATON,CO 80615 71129000037 36640 COUNTY RD 51 CECIL GLENN DEWAYNE EATON,CO 80615 71132000068 P O BOX 333 DILLARD FAMILY LLC GALETON,CO 80622 71129100036 300 E 16 ST#301 FAULKNER DAIRY II LLC GREELEY,CO 80631 71130000034 300 E 16TH ST#301 FAULKNER DAIRY II LLC GREELEY,CO 80631 71129000038 C/O MIKE FAULKNER 300 E 16TH ST#301 FAULKNER DAIRY II LLC GREELEY,CO 80631 71129000025 39446 MAIN ST HEINZE WALTER F EATON,CO 80615 71129000024 25056 WELD CO RD 76 KUTCHER DENNIE L EATON,CO 80615-9508 71132000067 28271 COUNTY RD 74 PELZ JOE &CAROL EATON,CO 80615 71130000038 PO BOX 189 ROUSE GLEN & SEDALIA,CO 80135 71131000044 • &E ! !E0 LIST OF MINERAL OWNERS AND MINERAL LESSEES r.r Mk (Faulkner Sec. 29) Subject Property: Township 7 North, Range 64 West, 6th P.M., Weld County. County, CO Sec. 29: Lot B of Recorded Exemption No. 0711-29-2-RE2729, being a part of the NW1A Crews & Zeren, LLC, a mineral title company, 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, Colorado, as verified through October 1, 2006. A photocopy or facsimile of this list shall, for all purposes, be as valid as the original hereof Dated this 16`" day of October, 2006. Crews & Zeren, LLC By: William G. Crews, CPL Certified Professional Landman #3477 Mineral Owners Mineral Leasehold Owners: Anadarko E&P Company LP St. James Energy Operating Inc. Attn: Manager Land, Western Division 11177 Eagle View Drive, Ste. 1 P.O. Box 9149 Sandy, UT 84092 The Woodlands, TX 77387-9147 Anadarko Land Corp. Attn: Mgr. Property & ROW P.O. Box 9149 The Woodlands, TX 77387-9147 Crews 6'Zeren,LLC Oil and Gas'nth Services P.O. Bot336337 (970)351-0733 Greeley, CO 80633-0606 Page 1 of 2 Fax(303)484-2110 By acceptance and use of this list, the client and its agents agree to all of the following: William G. Crews ("Crews") and Cynthia A. E. Zeren ("Zeren") are Certified Professional Landmen certified by the American Association of Petroleum Landmen who have been asked by Client or Client's agent to provide listings of mineral estate owners entitled to notice pursuant to §§ 24- 65.5-103 or 31-23-215, C.R.S., as provided under the Surface Development Notification Act, Colorado Revised Statutes §24-65.5-101 et seq. Such lists will be prepared by Crews or Zeren, although the Client's contract is with, and all payments are due to, Crews & Zeren, LLC ("C&Z"), a Colorado limited liability company of which Crews and Zeren are the only members. Neither Crews nor Zeren is an attorney licensed to practice law. Crews and Zeren have agreed to prepare listings of mineral estate owners for the Client only if the Client agrees that the liability of Crews, Zeren and C&Z in connection with such services shall conclusively be limited to the amount paid by the Client to C&Z for such services. Crews, Zeren and C&Z make no warranty, express, implied or statutory, in connection with the accuracy, completeness or sufficiency of any such listing of mineral estate owners. In the event any such listing proves to be inaccurate, incomplete, insufficient or otherwise defective in any way whatsoever or for any reason whatsoever, the liability of Crews, Zeren and C&Z shall never exceed the actual amount paid by Client to C&Z for such listing. In order to induce Crews, Zeren and C&Z to provide such services, Client does hereby agree to indemnify and hold Crews, Zeren and C&Z harmless from and against all claims by all persons (including but not limited to Client)of whatever kind or character arising out of the preparation and use of each such listing of mineral estate owners, to the extent that such claims exceed the actual amount paid by Client to C&Z for such listing. Client specifically intends that both the foregoing limitation on liability and the foregoing indemnification shall be binding and effective without regard to the cause of the claim, inaccuracy or defect, including but not limited to, breach of representation, warranty or duty, any theory of tort or of breach of contract, or the fault or negligence of any party (including Crews, Zeren and C&Z) of any kind or character(regardless of whether the fault or negligence is sole,joint, concurrent, simple or gross). Crews d'Zeren,LLC OilantGas Title Services P.O. Box336337 (970)351-0733 Greeley, CO 80633-0606 Page 2 oft Fax(303) 484-2110 AGPRO ■ COMPLETE LAND AND RESOURCE SOLUTIONS Weld County Planning Department GREELEY OFFICE November 16, 2006 NOV 2 7 2006 RECEIVED Weld County Planning Department Attention: Hannah Hippely 918 10th Street Greeley, CO Dear Ms Hippely: This letter is written to inform you and serve as proof that Agpro Enviromental Services, LLC on behalf of Mike Faulkner, owner of Faulkner Dairy II, LLC (applicant/owner) have sent out the certified letters notifying the mineral interest owners and Lessees of the Amended USR application. The letter states the reason for the application and the time and date of the Planning Commission hearing, which is scheduled for January 2, 2007 at 1:30 p.m. The hearing will be held at the Weld County building located at 918 10th Street, Greeley, 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. Sincerely, Cody ollingsworth sworth Planner CC: Weld County Planning Services ENGINEERING, PLANNING, CONSULTING & REAL ESTATE AGPROfessionals, LLC/LANDPROfessionals,LLC 4350 Highway 66•Longmont,CO 80504 970.535.9318/office• 303.485.7838/metro.970.535.9854/fax• www.agpros.com U.S. Postal Services., — o CERTIFIED MAIL. RECEIPT m (Domestic Mail Only;No Insurance Coverage Provided) S F.r.elivery inf.rmati.n visit .ur we•site at www.us•sc. ru N OFFICIAL USE m Postage $ O Codified Fee 2 6 _cam a l/ �V O Return Receipt Fee (Endorsement Required) r %!': ). !_ O 0 Restricted Delivery Feeir v. (Endorsement Required) M o Total Postage 8 d• LO O Sent To Anadarko Land Corp. o Atten: Mgr. Property and ROW r �I�No. P.O.Box 9149 clg;Smte,ziPm The Woodlands, TX 77387-9147 P. rnnn 39on J U.S. Postal Service— Hs. CERTIFIED MAIL:, RECEIPT m (Domestic Mail Only;No Insurance Coverage Provided) 7 For delivery information visit our website at www.usps.com m OFFICIAL J /(/,/® E Postage $ • .3 / / =y 0o Centred Fee ?,lib �� d�� 01 0 Return Receipt Fee N p.m.* (Endorsement Required) �, Q ,Oi O Restricted Delivery Fee c (Endorsement Required) 0 Total Postage 8 Fe=e tV V/. V `r' TO Anadarko E&P Company,LP o Atten: Manager Land,Western Division N Sheet APr.Na; P.O.Box 9149 or PO Box Na City,State,ZIFgd The Woodlands,TX 77387-9147 U.S. Postal Service.. ruf CERTIFIED MAIL., RECEIPT M (Domestic Mail Only;No Insurance Coverage Provided) S F.r •elivery information visit .ur we.site at www.us.sc.m,. r- OFFICIAL USE m $ Postage 6 a ,,PAIN---N. � O Corned Fee " O Return Receipt Fee fi osanadc 6 (Endorsement Required) CI Restricted Delivery Fee O"I (Endorsement Required) 4. 0 Total Postage 8 Fr- @ G.S S o BentTa St. James Energy Op�rating, Inc. M1 11177 Eagle View Drive orPCBoxa Suite 1 '9f Sandy, UT 84092 WOODROW 8c SOBEL, P.C. ATTORNEYS AT LAW Denver Place- South Tower 999 Eighteenth Street, Suite 2550 Denver,Colorado 80202 Telephone: 303-296-1400 Molly Sommerville Buchanan,Esq. Facsimile: 303-296-1924 mbuchanan@woodrow-sobel.com E-mail: law@woodrow-sobel.com November 28, 2006 Via Telefax and Federal Express Members of the Board of County Members of the Planning Commissioners for Weld County Commission for Weld County 915 10th Street 918 10th Street Greeley, CO 80631 Greeley, CO 80631 NOTICE OF OIL AND GAS INTERESTS OWNED BY ANADARKO LAND CORP. and ANADARKO E&P COMPANY LP and OBJECTION Re: Faulkner Dairy Site Specific Development Plan and Special Review Permit AmUSR-1133 Township 7 North,Range 64 West Section 29: SW/4 Weld County, Colorado Ladies and Gentlemen: This law firm represents Anadarko Land Corp. ("Anadarko Land"), formerly known as Union Pacific Land Resources Corporation, and Anadarko E&P Company LP ("Anadarko E&P"), formerly known as Union Pacific Resources Company, with respect to the application that has been filed with Weld County ("County") for the approval of a site specific development plan and special review permit for property described as the SW/4 of Section 29, Township 7 North, Range 64 West("Property"). Anadarko Land and Anadarko E&P own the mineral interests that underlie the Property. Anadarko Land owns the coal and other hard rock mineral interests under the Property, and the Anadarko entities together own all of the oil and gas interests that underlie the Property. The Anadarko entities wish to give notice to the County of the mineral interests they own under the property and make the County aware that the approval of a final application for development for the property may significantly impact the prospective $ EXHIBIT 9 Members of the Board of County Commissioners and Members for the Planning Commission for Weld County November 28, 2006 Page 2 development of the oil and gas under the Property. The Anadarko entities object to the approval of a final application for development unless and until agreements are reached among the Anadarko entities and the applicant with respect to the oil and gas interests. The following are comments in support of this Notice and Objection: 1. The Oil and Gas Resources Owned by the Anadarko Entities. Anadarko E&P and Anadarko Land together own all of the oil and gas that underlies the Property. Anadarko E&P or a predecessor company has granted an oil and gas lease for the Property to United States Exploration, Inc. ("UXP"). Records at the Colorado Oil and Gas Conservation Commission ("COGCC") reflect that there are currently two producing oil and/or gas wells in Section 29 and that UXP has a permit to drill a third well in the section. Current COGCC regulations provide for the location of five drilling windows in each quarter section in the geographic area where the Property is located, one in the center of each quarter quarter section and one in the center of the quarter section. 2. There is Clear Statutory Authority and Direction for the County to Take Into Account the Rights of Mineral Interest Owners in Its Consideration of Applications for Development. The State of Colorado recognizes the important rights of mineral owners and lessees in C.R.S. § 30-28-133(10) which states that both the mineral estate and the surface estate are interests in land and that the two interests are "separate and distinct." The subsection specifically recognizes that the owners of subsurface mineral interests and their lessees have "the same rights and privileges as surface owners." 3. Government Action Which Allows Surface Development in a Manner Which Precludes Mineral Development May Impair the Vested Property and Contractual Rights of the Mineral Interest Owner. Colorado case law provides that the mineral owner has the right of reasonable access to and use of the surface estate to extract minerals.' Actions by a government entity which may have the effect of reversing this basic tenet of Colorado property law 'See Frankfort Oil Company v. Abrams,413 P.2d 190(Colo. 1966). Note also,Gerrity Oil&Gas Corporation v. Magness,946 P.2d 913 (Colo. 1977),which discusses in a footnote on page 927 the principle that the owners of both estates must exercise their rights in a manner consistent with one another. Members of the Board of County Commissioners and Members for the Planning Commission for Weld County November 28, 2006 Page 3 and thereby deprive the mineral interest owner of its vested property and contractual rights may be violative of federal and state constitutional provisions. Union Pacific Railroad Company gave a deed to Frank DeBacker dated February 21, 1906 and recorded in the office of the Weld County Clerk and Recorder in which the Railroad reserved the minerals for the Property. The Railroad granted the minerals to Union Pacific Land Resources Corporation by quitclaim deed dated April 1, 1971 and recorded April 14, 1971 in Book 644 at Reception No. 1565712. Applicant had record notice at the time he acquired his interests in the Property that the minerals were severed from the surface estate and that he received less than the entire interest in the Property. 4. An Action by the County to Approve the Application May Amount to a Regulatory Taking within the Meaning of the State and United States Constitutions. Action by the County to approve an application for surface development may constitute a regulatory taking, especially where the operator is deprived of all economically viable use of land or his investment-backed expectations to develop his property.2 5. The Anadarko Entities Have Entered into Many Agreements with Developers With Respect to the Disposition of the Minerals at the Time that the Developer Proposes to Develop the Surface Estate, and the Public Interest is Served by the Parties Entering into Such an Agreement. The Anadarko entities have extensive mineral interests throughout Colorado where the surface estate and the mineral estate have been severed. The Anadarko entities have worked with many parties who wish to develop the surface estate in order to assure the compatible development of the surface and the minerals or to effect some other disposition of the minerals. The Anadarko entities and their lessee have initiated discussions with the applicant to work out surface use conflicts and are hopeful that agreements will be reached; however, final agreements have not been entered into by the parties to date. The Anadarko entities therefore object to final land use approval for the Property in the 2See, for example, Lucas v. South Carolina Coastal Council, 505 U.S. 1003, 112 S.Ct.2886, 120 L.Ed.2d 798(1992). Members of the Board of County Commissioners and Members for the Planning Commission for Weld County November 28, 2006 Page 4 absence of agreements among the Anadarko entities, their oil and gas lessee and the applicant. Very truly yours, WOODROW & SOBEL, P.C. Molly Sommerville Buchanan MSB/sa Enclosure cc: Rick Mayer, Esq. Tom Marranzino Dan Casper Don Ballard Cody Hollingsworth/for Faulkner Dairy ^ • WOODROW & SOBEL, P.C. ATTORNEYS AT LAW Denver Place-South Tower 999 Eighteenth Street, Suite 2550 Denver,Colorado 80202 Telephone: 303-296-1400 Molly SommervilleBuchanan,Esq. Facsimile: 303-296-1924 mbuchanan@woodrow-sobel.com E-mail: law@woodrow-sobel.com November 28, 2006 Via Telefax and Federal Express Hannah Hippely, Planner Weld County Department of Planning Services 918 10th Street Greeley, Colorado 80631 Re: Faulkner Dairy Site Specific Development Plan and Special Review Permit AmUSR-1133 Township 7 North, Range 64 West Section 29: SW/4 Weld County, Colorado Dear Hannah: I understand that Weld County has received an application for a site specific development plan and special review permit for property in Weld County described as the SW/4 of Section 29, Township 7 North, Range 64 West ("Property"). This law firm represents Anadarko E&P Company LP ("Anadarko E&P") and Anadarko Land Corp. ("Anadarko Land") with respect to the application for development. The Anadarko entities together own all of the minerals that underlie the Property. Please find enclosed a letter dated November 28, 2006 entitled "Notice of Oil and Gas Interests owned by Anadarko Land Corp. and Anadarko E&P Company LP and Objection" which I ask that you provide to the Planning Commission and the Board of County Commissioners to be made a part of the record in the proceedings. Please send notices of future hearings on the matter to the Anadarko entities pursuant to C.R.S. §31-23-215, C.R.S. § 24-6-402 (7) and C.R.S. § 24-65.5-101, et. seq. as follows: • Hannah Hippely November 28, 2006 Page 2 Anadarko E&P Company LP Post Office Box 9149 Houston, Texas 77387-9147 Attention: Manager—Western Region/CBM Anadarko Land Corp. Post Office Box 9149 Houston, Texas 77387-9147 Attention: Manager, Property and Rights-of-Way Thank you for your consideration in this matter. If you have any questions, please call me. Best regards, WOODROW & SOBEL, P.C. Molly Sommerville Buchanan MSB/sa Enclosure cc: Rick Mayer, Esq. Tom Marranzino Dan Casper Don Ballard Cody Hollingsworth/for Faulkner Dairy 12/04/2006 10: 39 3035957410 NOBLE ENERGY PAGE 01102 1625 Broadway �.� Denver,CO 802Suite 02 ' V nenergy Tel;303.228,4000 Fac 303.228.4285 noble c.m energy•�'� Inc.e aoLaidhry olno6fo snowills Land Department December 4,2006 Via Telefax and U.S. Mail 970-304-6498 Chris Guthman 970-352-0242 Bruce Barker Board of County Commissioners Attention: Chris Cadman and Bruce Barker. Weld County Centennial Center 915 1011 Street, First Floor Greeley, CO 80631 Re: Faulkner Dairy Townshi 7 No Ran a 64 W th P.M. Section 29: SW/4 Weld County, Colorado Ladies and Gentlemen: This letter is in response to Ag Professionals, LLC (the "Owner") notice ofhearing to be held on December 5, 2006 in Weld County for the approval of a site specific development plan and special review permit for a dairy operation to be located over the captioned lands (the "Property"). The hearing has been brought to the attention of Noble Energy Production, Inc. ("Noble"), on December 1, 2006 by Woodrow & Sobel, P.C. as representative for the mineral owner Anadarko Land Corp. Noble owns rights associated with the oil and gas leasehold covering the Property. Noble is very concerned about the impact the proposed development will have on Noble's ability to produce, operate and maintain the wellsites, pipelines and access roads on the Property. To date, no agreement has been finalized and Noble has received no written confirmation from the Owner that Noble's real property rights to use a reasonable portion of the surface for oil and gas operations and development are being preserved. Noble requests assurance from Weld County that the proposed development will not preclude Noble from producing, operating, drilling and maintaining its wellsites, pipelines and access roads. Until this matter is resolved by agreement with the Owners, Noble is not waiving its rights as a leasehold owner. Any approval of the proposal development should be conditioned upon the preservation of Noble's real property rights that allow it to make reasonable use of the surface of the lands for oil and gas development and operations. 12/04/2006 10: 39 3035957410 NOBLE ENERGY �., PAGE 02102 Noble requests that these comments be entered into the record for the proposed development and that we continue to be provided with advance notice of all other hearings affecting the Property. If you have any questions, please feel free to contact the undersigned at(303) 228-4020. Sincerely, NOB RGY PRODUCTION, INC. dt ` any" Myhr Busi ss Development Advisor cc: Dave Padgett Molly Sommerville Buchanan,Esq. (facsimile: 303-296-1924) Cody Hollingsworth (facsimile: 1-970-535-9854) Ag Professionals, LLC 4350 Hwy 66, Longmont, CO 80504 • • Page 2 Hello