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KerrNtGee
Kerr-McGee Oil&Gas OnShore LP
1999 Broadway.Suite 3700,Denver,Colorado 80202
303-296-3600•Fax 303-296-3601
March 27, 2007
VIA FACSIMILE AND U.S. MAIL
Weld County Board of County Commissioners
Attn: Members of the Board
915 Tenth Street
P. O. Box 758
Greeley CO 80632
Re: Front Range Village - Change of Zoning (CZ#1132)
Front Range Village, LLC c/o The Carroll Group, LTD., Applicant
Township 3 North, Range 66 West, 6`h P.M.
Section 07: SE/4SE/4SW/4
Weld County, Colorado
Dear Board:
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 Change of Zoning application being
proposed by Front Range Village, LLC c/o The Carroll Group, LTD. KMG is submitting
this comment and objection timely, in accordance with State of Colorado and the Weld
County's procedural requirements.
KMG's recorded oil and gas leases arc real prop. .•t:: 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 Front Range Village, LLC have not concluded such an agreement. KMG must
EXFJFBIT
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Weld County Planning Commission
March 27, 2007
Page 2
object to any approval by the County of the Front Range Village, LLC c/o The Carroll
Group, LTD 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
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 720-264-6772 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
Daniel Casper
Senior Staff Landman
cc: Front Range Village, LLC c/o The Carroll Group, LTD.—Applicant(by U.S. mail)
Joseph H. Lorenzo—Kerr-McGee Oil & Gas Onshore LP
Kevin Osif—Ken•-McGee Gathering LLC
BOARD OF COUNTY COMMISSIONERS' SIGN POSTING
CERTIFICATE
THE LAST DAY TO POST THE SIGN IS March 20, 2007_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, Michelle Martin, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN
WAS POSTED ON THE PROPERTY AT LEAST FIFTEEN DAYS BEFORE THE BOARD OF
COMMISSIONERS HEARING FOR CZ-1132 IN THE AGRICULTURAL
ZONE DISTRICT.
Name of Persy i P %A Sigry��ehell artin L /7n/ Lr
Signature of Person Posting Sign
STATE OF COLORADO )
ss.
COUNTY OF WELD )
The foregoing instrument was subscribed and sworn to me this -i1 / day of ✓}�YUCL LcL.V-, , 2007.
WITNESS my hand and official seal.
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