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Home My WebLink About20071226.tiff DEPARTMENT OF PLANNING SERVICES a NORTH OFFICE 91Y10O Street 631 GREELEY, CO 83541 PHONE: (970)353-6100, Ext. 3540 FAX: (970) 304-6498 C. COLORADO December 5, 2006 NOTICE TO SURROUNDING PROPERTY/MINERAL INTEREST OWNERS CASE NUMBER: USR-1595 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, February 6,2007, at 1:30 p.m., in the Hearing Room, Weld County Planning Department, 918 10th Street, Greeley, Colorado concerning the request of: NAME: Garrett & Carla Devries FOR: A Site Specific Development and Special Review Permit for an Agricultural Service Establishment primarily engaged in performing agricultural, animal husbandry,or horticultural services on a fee or contract basis including Livestock Confinements Operations (a dairy operation for a total of 10,000 head of cattle including milking cows, dry cows, heifers and calves) in the A (Agricultural) Zone District LEGAL DESCRIPTION: NW4 of Section 31, T6N, R63W of the 6th P.M., Weld County, Colorado. LOCATION: East of and adjacent to CR 61; south of and adjacent to CR 64. 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 Chris Gathman, 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. 2007-1226 CERTIFICATE OF MAILING The undersigned hereby certifies that a true and correct copy of the foregoing Notice of Hearing, Case Number USR-1595 was placed in the United States Mail, first class mail, postage prepaid, addressed to the following properties. Dated the 5TH day of DECEMBER, 2006 y1\ lc to ) Voneen Macklin Recording Secretary for Planning Commission BASHOR GLORIA 31857 CR 68 GILL CO 80624 DEVRIES GARRETT PO BOX 559 LAKEVIEW CA 92567 LARSON EVERY 29470 CR 66 GILL CO 80624 MILLER JACOB 4456 W 17TH ST GREELEY CO 80634-3279 WELLS RANCH 32010 CR 63 GILL CO 80624 ANADARKO E&P CO ATTN: MGR LAND , WEST DIV PO BOX 9149 THE WOODLANDS TX 77387-9147 NOBLE ENERGY 1625 BROADWAY STE. 2000 DENVER CO 80202 PETROLEUM DEV CORP 3801 CARSON AVE EVANS CO 80620 AFFIDAVIT OF INTERESTFALAND OWNERS Page 1 of 2 AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE Subject Parcel: 079931200009 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. /2/ 9 Signature //- /-cZon6 Date Property Owners Within 500 ft. of Parcel# 079931200009 NAME MAILING ADDRESS PARCEL IDENTIFICATION # 31857 COUNTY RD 68 BASHOR GLORIA M (HEIRS OF) 080136400019 GILL,CO 80624 DE VRIES GARRETT & CARLA FAMILY PO BOX 559 TRUST 079931300009 LAKEVIEW,CA 92567 DE VRIES GARRETT & CARLA FAMILY PO BOX 559 TRUST 079931300012 LAKEVIEW,CA 92567 DEVRIES GARRETT & CARLA FAMILY P O BOX 559 TRUST 080136000011 LAKEVIEW,CA 92567 29470 COUNTY RD 66 LARSON EVERT L & 079930300020 GILL,CO 80624 29470 WELD CO RD 66 LARSON FARMS LLC 080125000019 GILL,CO 80624 29470 COUNTY RD 66 LARSON FARMS LLC 079930300021 GILL,CO 80624 4456 W 17TH ST MILLER JACOB JR & SHIRLEY L GREELEY,CO 80634- 079931300010 3279 http://maps2.merrick.com/website/weld/setSgl.asp?cmd=buffer&P IN=079931200009&P... 11/21/2006 AFFIDAVIT OF INTERESTFALAND OWNERS Page 2 of 2 32010 COUNTY ROAD �- WELLS RANCH 63 079931000004 GILL,CO 80624 http://maps2.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=079931200009&P... 11/21/2006 P • LIST OF MINERAL OWNERS AND MINERAL LESSEES A0 ; 4.44 (DeVries) ,yi, Subject Property: Township 6 North. Range 63 West. 6th P.M.. Weld County, CO Sec. 31: NW'/. and Lots A and D of Recorded Exemption No. 0799-31-3-RE-4090, being a part of the SW% 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 13, 2006. A photocopy or facsimile of this list shall, for all purposes, be as valid as the original hereof. Dated this 13th day of November, 2006. Crews & Zeren, LLC By�m G. Crews, CPL Certified Professional Landman #3477 Mineral Owners Mineral Leasehold Owners: Anadarko E&P Company LP Noble Energy Production, Inc. Attn: Manager Land, Western Division 1625 Broadway, Suite 2000 P.O. Box 9149 Denver, CO 80202 The Woodlands, TX 77387-9147 Petroleum Development Corp. Anadarko Land Corp. 3801 Carson Avenue Attn: Mgr. Property & ROW Evans, CO 80620 P.O. Box 9149 The Woodlands, TX 77387-9147 Crews the Zeren,LLC Oil and Gas title Services P.O. Box336337 (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 C82 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, inaccurgcy. 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 Oil and Gas'Mk Services P.O. Box336337 (970)351-0733 Greeley, CO 80633-0606 Page 2 of 2 Fax(303)484-2110 • 1625 Broadway it� noble Suite 2000 . t _ Denver,Colorado 80202 energy " Tel:303.228.4000 az:303.228.4280 January 22,2007 Weld County Planning Department GREELEY OFFICE Department of Planning Services North Office JAN 2 3 2007 Attention: Chris Gathman, Planner RECEIVE 918 10th Street Greeley, CO 80631 Re: Garrett&Carla Devries-Applicant Township 6 North, Range 63 West, 6th P.M. Section 31: NW/4 and lots A & D of recorded exemption No. 0799-31-3-RE-4090, being a part of the SW/4 Weld County, Colorado Ladies and Gentlemen: Under a Development Application Referral dated December 5, 2006, the Department of Planning Services of Weld County contacted Noble Energy Production, Inc. ("Noble") regarding an Application for Development of the captioned property ("Property"). Noble owns oil and gas leasehold covering the NW/4 and lots A & D of recorded exemption No. 0799-31-3-RE-4090, being a part of the SW/4 and operates the UPV 31-5G3 and the IJPV31-12G3 oil and gas wells (the "Wells") and associated pipelines located on the Property. Noble is very concerned about the impact the proposed development will have on Noble's ability to produce. operate and maintain the Wells, pipelines and access roads on the Property. Noble has not had direct discussion with representatives of the Monte Vista Dairy, LLC (the "Owner") relative to this proposal. 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 Wells, related pipeline 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 proposed 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. Noble requests that these comments be entered into the record for the prupoatd dcvciopmeni arc:that c Cunt;,-,"C 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, NO Y PRODUCTION, INC. " a ry" Myhr Special rojects Coordinator cc: Cody Hollingsworth, AGPROfessionals, LLC,4350 Highway 66, Longmont, CO 80504 Molly Buchanan, VanderWerf&Buchanan, LLP, 1525 17th Street, Denver, Colorado 80202 Township 6 North,Range 63 West,6th P.M. Section 31: NW/4 and lots A&D of recorded exemption No.0799-31-3-RE-4090,being a part of the SW/4 Weld County,CO Applicant/Owner Surface Owner NW/4 and largest parcel in SW/4 Monte Vista Dairy,LLC(applicant/owner) De Vries Garett&Carla Family Trust PO Box 559 Lakeview,CA 92567 Hearing Feb 6,2007 at Weld County 1:30 p.m. Developer AGPROfessionals,LLC 4350 HWY 66 Longmont,CO 80504 Cody Hollingsworth(970)535-9318 Office(303)485-7838 Metro(970)535-9854 Fax: www.agpros.com u-r-ru—uuu 1 Daum CC21-31 MILLER 21-31 s uPv31 10O% ALL DEPTHS T EA36-1A 31 CO0ELL/NID & BELOW a J3 -5G3 0 •31_t 31 cerUPV31-6( U P Y 32184 31 = 31 CODELL/NIO Co -y & BELOW DE VRIE •1203 k A36.90 UPY UPV31-1263 UPV31 32169 CD0ELLOWI0 COLD ,ONLY CO 6 & BELOW -4uPv i •31_13 31_1*,. f ; UPV 31-1363 UPYC3 TE 6-16 LIPV31- 32033 - S2037 e' r ± . ± VANDERWERF & BUCHANAN, LLP ATTORNEYS AT LAW 1525 Seventeenth Street Denver, Colorado 80202 Molly Sommerville Buchanan Telephone: 303-298-9939 mbuchananna.vbllplaw.com Facsimile: 303-298-9944 January 17, 2007 Via Telefax and Federal Express Chris Gathman, Planner Weld County Department of Planning Services 918 10th Street Greeley, Colorado 80631 Re: Garrett and Carla Devries Site Specific Development Plan and Special review Permit USR-1595 Township 6 North, Range 63 West Section 31: NW/4 Weld County, Colorado Dear Chris: 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 NW/4 of Section 31, Township 6 North, Range 63 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 January 17, 2007 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: Chris Gathman January 17, 2007 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, VanderWerf& Buchanan, LLP Molly Sommerville Buchanan MSB/sa Enclosure cc: Rick Mayer, Esq. Dan Casper Don Ballard Cody Hollingsworth/for Applicants Dan Padgett/ for Nobel Energy Production, Inc. and UXP Dewey Gerdom/for Petroelum Development Corporation rr- VANDERWERF & BUCHANAN, LLP ATTORNEYS AT LAW 1525 Seventeenth Street Denver, Colorado 80202 Molly Sommerville Buchanan Telephone: 303-298-9939 mbuchanan a(�vbllplaw.com Facsimile: 303-298-9944 January 17, 2007 Via Telefax and Federal Express Members of the Board of County Members of the Planning Commissioners for Weld County Commission for Weld County 915 10`h 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: Garrett and Carla Devries Site Specific Development Plan and Special Review Permit USR-1595 Township 6 North, Range 63 West Section 31: NW/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 NW/4 of Section 31, Township 6 North, Range 63 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. Members of the Board of County Commissioners and Members for the Planning Commission for Weld County January 17, 2007 Page 2 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 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 Applicants 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 oil and gas leases for portions of the Property, interests in which are owned by Noble Energy Production, Inc. ("Noble") and United States Exploration, Inc. ("UXP"). Petroleum Development Corporation ("PDC") may also own oil and gas leasehold interests in the Property. Records at the Colorado Oil and Gas Conservation Commission ("COGCC") reflect that there are currently two producing oil and/or gas wells in the NW/4 of Section 31, one of which is operated by PDC in the NE/4NW/4 and the other of which is operated by Noble in the SW/4NW/4. 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. Members of the Board of County Commissioners and Members for the Planning Commission for Weld County January 17, 2007 Page 3 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 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 Elsie Devine dated April 25, 1907 and recorded in the office of the Weld County Clerk and Recorder on May 7, 1907 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. Applicants had record notice at the time they acquired their interests in the Property that the minerals were severed from the surface estate and that they 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 'See Frankfort Oil Company v. Abrams,413 P.2d 190(Cobo. 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. 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 January 17, 2007 Page 4 the compatible development of the surface and the minerals or to effect some other disposition of the minerals. The Anadarko entities have initiated discussions with the Applicants 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 absence of agreements among the Anadarko entities, their oil and gas lessees and the Applicants. Very truly yours, VanderWerf& Buchanan, LLP 1=� � ' ' Molly Sommerville Buchanan MSB/sa Enclosure cc: Rick Mayer, Esq. Dan Casper Don Ballard Cody Hollingsworth/ for Garrett and Carla Devries Dewey Gerdom/ for Petroleum Development Corporation Dave Padgett/ for Noble Energy Production, Inc. and UXP AGPRO ■ COMPLETE LAND AND RESOURCE SOLUTIONS Weld County Plan°OFFICE artment December 26, 2006 CREELEY DEC 2 6 2n°6 Weld County Planning Department '�r D Attention: Chris Gathman RECE C 918 10th Street Greeley, CO Dear Mr. Gathman: This letter is written to inform you and serve as proof that Agpro Enviromental Services, LLC on behalf of Garret De Vries of De Vries Family Trust, owner of Monte Vista Dairy, LLC (applicant/owner) have 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 February 6, 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 through out the application process. Sincerely, Cody ollingsworth 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 Service,. U.S. Postal Service,. m CERTIFIED MAIL, RECEIPT 0 CERTIFIED MAILTM RECEIPT 0 (Domestic MailOnly;No Insurance Coverage Provided) ra (Domestic Mail Only;No Insurance Coverage Provided) S S F•r elivery mf.rmah nvisit.ur we.site at www.us.s.c. F.r•elivery inf.rmatt.n visit•ur we.site at www.us•s.c•m2; '0 ' ruOFFICIAL USE TIJM1 , ,nr� r- m m Postage $ .� Certified Post $ T a S 0 Certified Fee 0 Fee 0 Punk 0 p Return Receipt Fee O Return Receipt Fee dmarlt (Endorsement Required) Here Po 0 (Endorsement Required) Here 0 Restricted Delivery Fee Restricted Delivery Fee D' (Endorsement Required) O'I (Endorsement Required) m 0 w 0 _ — Total Postage&r Total Poet/ Li-) o Sent To o Sent To au-� 0 o f` Street,ap tNo.; ; !,emir and Row r` a eer in Noble Energy Production, Inc. ..-. or POBoxNo. orPOBoxN 1625 Broadway Suite 2000 City.Sfere,LPN `"' �1 (,o City State,; '_re'` --- lic..id iialS, IX 77387-9147 Denver, CO 80202 U.S. Postal Service., U.S. Postal Milifflabliliinialialralliliall Service,,., m CERTIFIED MAIL,,,, RECEIPT CERTIFIED MAIL: RECEIPT S (Domestic Mail Only;No Insurance Coverage Provided) O (Domestic Mail Only;No Insurance Coverage Provider)) F.r.elivery inf•rmati.n visit •ur we.site at www.us.s.c. F r•elivery inf•rmati•nvisit•urwe.sitge at www.us.s.c.m;,. 'D ru OFFICIAL USE ru USE r- Postage $ 5-- M Postage $ `J n . CI Certified Fee cV ... p CCertifiedZ�fied Fee 0 Postmark Return Recei y Poslnl®rk 0 Return Receipt Fee 0 (Endorsement Requiir Fee Sr S Here 0ROStr(Endorsement Required) .-� Here 0 Restricted Delivery Fee ted Delivery Fee 0" (Endorsement Reqired) Ol (Endorsement Required) M - O o Total Postage 8.r - C Total Postage&Fees t to Ln O Sent To O Sent To 0 0 r- 'siiee.ilp[Ao:1 Anadarko E & P Company, LP N or t&a; Petroleum Development Corp. or PO Box No. Attn: Malxader Land, Western Division ay.sore,LPN 3801 Carson Avenue o. cry,s are,ZlP P O.Box 914 Evans, CO 80620 PS Form 3800. The Woodlands,TX 77387-9147 PS Form 381,0.Ju, r, Hello