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Home My WebLink About20071425.tiff MEMORANDUM Wi`,Pe. TO: Planning Commission COLORADO DATE: April 17, 2007 FROM: Kim Ogle, Planning Manager SUBJECT: Correspondence for Case Number USR-1604 Site Specific Development Plan and Special Review Permit for an Oil and Gas Support Facility (Class II Oilfield Waste Disposal Facility - Saltwater Injection Facility) in the A (Agricultural) Zone District, Applicant Dale Butcher The Department of Planning Services has received the attached documents to be included in the case file under the heading of PC Exhibits. Correspondence addresses on-going conversations with Kerr-McGee Anadarko and a Consultant to the surrounding property owners. EXHIBIT 2007-1425 U Ks. Iyt -II-o7 Weld County Planning Department SOUTHWEST BUILDING �1J KerrNtGee APR 1 2 2007 RECEIVED Kerr-McGee Oil&Gas OnShore LP 1999 Broadway,Suite 3700,Denver,Colorado 80202 303-296-3600•Fax 303-296-3601 April 11, 2007 VIA FACSIMILE AND U.S. MAIL Weld County Department of Planning Attn: Kim Ogle, Planning Manager 4209 CR 24.5 Longmont, CO 80504 Re: Marcum Midstream Oil & Gas Support Facility- Site Specific Development Plan and Special Review Pumit Marcum Midstream 1995-2 Business Trust/Conquest Oil Company, Applicant Township 3 North, Range 65 West, 6th P.M. Sections 30: S/2SE/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 Site Specific Development Plan and Special Review Permit being proposed by Marcum Midstream 1995-2 Business Trust/Conquest Oil Company ("Marcum Midstream"). 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 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. ICMG'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. ICMG'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 Weld County Department of Planning April 11, 2007 Page 2 place before the County approves the developer's application. However, as of this date, KMG and Marcum Midstream have not concluded such an agreement. KMG must object to any approval by the County of Marcum Midstream's 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 720-264-2642 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 County to accomplish its land use planning goals. Very truly yours, KERR-McGEE OIL & GAS ONSHORE LP Terry D. Enright -60A-. Staff Landman cc: Marcum Midstream 1995-2 Business Trust/Conquest Oil Company —Applicant (by U.S. Mail) Joseph H. Lorenzo —Kerr-McGee Oil & Gas Onshore LP Kevin Osif—Kerr-McGee Gathering LLC Page 1 of 2 Kim Ogle From: fraseconsulting@aol.com Sent: Saturday, April 14, 2007 6:18 AM To: jimgoddard1@yahoo.com Subject: Neighbors of new injection well Hi, Jim - Thank you so much for the tour on Thursday -- it really helped me be prepared for our neighborhood meeting last night. I appreciate your openness! Just a few things . . . The neighbors agreed with my recommended approach: A denial of your application would be nice (for them) but is not realistic; instead, we need to be neighborly and sit down with you to negotiate solutions to their concerns. Two neighborhood representatives and I would like to meet with you for that purpose around the turn of the month. We would like a repeat of the tour you gave me (75 min?) and then we would like to sit down and negotiate solutions (45 min?). At our next neighborhood meeting on April 23rd, we will determine the requests we will be bringing to the negotiation table. I would like to report the results of our negotiations during the following neighborhood meeting on May 7th, if possible. Therefore, we would like to meet with you in between those two meetings. However, I will be out of town Apr 27-May 1. What is your availability Apr 24-26 and May 2-6? Are evenings a possibility for you? Of the concerns/requests that came to light in our meeting last night, I heard only one that would mean a relatively significant change to your design -- locating the truck bay and pumps farther south would better address the noise issue. I'm not looking for you to respond to that now, but I thought I'd give you a "heads up". All other ideas involved relatively minor changes (hours, sound barrier fence, etc.). I did find out that the "junk" in the NW corner is left over from the horse racing. The meth lab was actually in the SE corner of the property. If you were able to move the facility farther south, you would need to watch out for the lab remnants. One of the gentlemen who will be attending the negotiation meeting (Kevin Brunson, neighbor to the north) witnessed the trailers being buried, so he can show you where they are located. At the hearing on Tuesday, I will speak on behalf of about 25-30 neighbors. Other neighbors, not involved with our effort, may also speak; but the neighbors in our group have agreed to stay silent to save time. 04/17/2007 Page 2 of 2 My presentation will be brief(3-4 minutes). I will ask for a recommendation of denial from the board (token request for the record) and briefly list our concerns. Then I will mention that you have pro actively opened a conversation to address the concerns of the neighbors and that the neighbors are willing to participate in that conversation. That's the total sum of my presentation. So, that's all for now. I'll see you Tuesday! - Nancy Frase, President Frase Consulting Group, Inc. (970)506-4174 www.frasecon .com AOL now offers free email to everyone. Find out more about what's free from AOL at AOL.com. 04/17/2007 Kim Ogle —From: Enright, Terry[Terry.Enright@anadarko.com] >nt: Sunday, April 15, 2007 2:43 PM fa: jim goddard Subject: RE: Conquest Oil SWD (S/2 SE 30-3N-65W) It appears Conquest may own the SE SE (40 acres)? If so, AKMG would like to work out a deal to drill some vertical 318ae wells which may not impact their plans unless they are bigger than this plan. Please call. Thanks, Terry 970-590-0729(c) From:jim goddard [mailto:jimgoddardl@yahoo.com] Sent: Sat 4/14/2007 7:55 AM To: Enright, Terry Subject: Re: Conquest Oil SWD (S/2 SE 30-3N-65W) Hopefully this attachment is there. I'll wait to hear from you on Monday. Have a great weekend! Jim "Enright, Terry" <Terry.Enright@anadarko.com>wrote: «3n65w30.pdf>> Jim, We will need to look at the proximity of new structures and the SWD. We are planning to drill more 318ae wells id we will expand our tank battery. Let's talk Monday. Thanks, Terry Terry D. Enright Landman Specialist Anadarko Petroleum Corporation 1999 Broadway, Suite 3700 Denver, CO 80202 Direct- (720)264-2642 Cell - (970)590-0729 Fax- (303)296-9523 e-mail-Terry.Enright@anadarko.com 'Please note my E-Mail Address has changed. Please update your contact list* Anadarko Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. ,.dim Goddard >nquest Disposal .,eneral Manager 970-381-5005 jimgoddard1@yahoo.com 1 Conquest Oil's Application (S/2 SE 30-3N-65W) Page 1 of 1 Kim Ogle From: Enright, Terry [Terry.Enright@anadarko.com] Sent: Monday, April 16, 2007 4:14 PM To: Kim Ogle;jimgoddard1@yahoo.com Cc: Enright, Tess Subject: Conquest Oil's Application (S/2 SE 30-3N-65W) Kim, Jim Goddard and I have been communicating here recently and I feel very confident that we will be able to work our an agreement. Their planned operation has very little impact on AKMG's assets. Thanks, Terry Terry D. Enright Landman Specialist Anadarko Petroleum Corporation 1999 Broadway, Suite 3700 Denver, CO 80202 Direct- (720)264-2642 Cell - (970)590-0729 Fax - (303)296-9523 e-mail- Terry.Enright@anadarko.com *Please note my E-Mail Address has changed. Please update your contact list* Anadarko Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 04/17/2007 Hello