The URL can be used to link to this page

Browse Search

Home My WebLink About20062788.tiff (t4*r MEMORANDUM IngeTO: Clerk to the Board 8/29/06 COLORADO FROM: Chris Gathman - Planner II L. SUBJECT: PZ-1094 Prior to the Board Conditions All conditions to be satisfied prior to scheduling the Board of County Commissioners hearing have been addressed and this case can be scheduled for a board hearing. EXHIBIT SERVICE,TEAMWORK IN I EGRITY,QUALITY ,fir,�yypp� 2 4*j qq Z 2006-2788 New Cache Estates Response to Staff Comments 1. Prior to Scheduling the Board of County Commissioners. A. The applicant shall submit an agreement with the Graham Seepage Ditch Company or provide written evidence that an adequate attempt has been make to address their concerns: Agreement with the Graham Seepage Ditch is attached. B. The applicant shall submit an agreement with the owner/user of Gas Pipeline easement or provide written evidence that an adequate attempt has been made to address their concerns. Letter from Duke Energy is attached. C. Provide written evidence that an adequate attempt has been made to address the concerns of the Oil and Gas company. Letter of attempt is attached. In addition to the letter, the record from the planning commission meeting, March 7°1,2006, will show that the representative from Noble Energy admitted that they have made no attempt to communicate with Mr. Orr and they have made no attempt to reach an agreement. D. The applicant shall provide written evidence to the Dept of Planning Services addressing the proposed method of providing additional water for fire suppression. The additional fire flow system will be a 30hp pump that will produce 500 gpm at 80 psi. This will be pumped from the retention pond. EASEMENT AGREEMENT This Agreement is entered into this /5 day of August, 2006 by and between Ed Or ("Orr"), 826 9th Street #200, Greeley, Colorado 80631 and Graham Drainage Ditch Company, a Colorado corporation ("Graham"),c/o John M.Todd, 2313 17'h Street,Greeley, Colorado 80634,for the purpose of relocating an easement for a water ditch and pipeline and establishing responsibility for the construction, maintenance, repair and replacement of such relocated pipeline. RECITALS A. Or owns property located in the west one-half of the northeast one-quarter of Section 24, Township 6 North, Range 66 West, excepting therefrom a parcel of land conveyed to Weld County, Colorado by deed recorded August 30, 1955 in Book 1428 at Page 18; and, excepting therefrom that part lying north of the canal of the New Cache LaPoudre Irrigating Company. It is the intent of On to develop the Property in the future. B. Graham has owned an easement across the Property for purposes of a ditch to carry water over, across and under the Property for the benefit of shareholders of Graham, which easement was created by document recorded in Book 201, at Page 76 of the public records of Weld County, Colorado ("Existing Easement"). C. Orr desires to develop the Property, but needs to relocate the Existing Easement and underground pipeline of Graham for such purpose. D. Graham is agreeable to abandoning the Existing Easement and creating a new easement and constructing a new pipeline in accordance with the terms and conditions of this Agreement. AGREEMENT 1. On hereby grants to Graham an easement over, across and under the Property thirty (30) feet in width and more specifically described in Exhibit A attached hereto and incorporated herein ("Easement Area"), for the purpose of carrying water by way of a twenty four inch (24") diameter pipeline which shall tie into the existing pipeline of Graham, approximately 800 feet south of the north boundary of the Property and deliver water from such point to a point at the south boundary line of the Property to which water has been historically delivered and is currently being delivered for and by Graham. Further, Graham is granted the right to use the Easement Area to install, maintain, repair, replace, remove and reconstruct the pipeline over, across and under the Easement Area. r. 1 2. Graham hereby abandons and quitclaims to On the Existing Easement. 3. Orr shall, at its expense, construct a twenty four inch (24") diameter pipeline in accordance with plans and specifications approved by Graham prior to construction. On shall, at its sole cost and expense,maintain,repair and replace the pipeline as necessary for the delivery of water over, across and under the Property without obstruction or leakage and without interference with the delivery of water through the ditch and pipeline system of Graham to the Property or other location of its shareholders or others to whom Graham has agreed to deliver water. 4. The covenants contained herein shall run with the land, thereby burdening the easement area of the Property. 5. On agrees to defend and indemnify the Graham and its officers, directors and shareholders from and against any and all claims, liability, demands, expenses or costs, including reasonable attorney's fees, arising from or relating to the existence or design of the pipeline within the Easement Area and the construction, maintenance,repair or replacement of such pipeline by On or the failure of Or to do the same. 6. Graham's use of the Easement Area shall not be exclusive, and On and Orr's heirs, successors, assigns, personal representatives, guests and invitees shall have an equal right to the use of the Easement Area, but such use shall not interfere with Graham's use thereof. 7. On, for himself and his heirs and personal representatives, does covenant, grant, bargain and agree to and with Graham and Graham's successors and assigns, that at the time of this Agreement, On is well seized of the Easement Area,has good, sure,perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right,full power and lawful authority to grant the easement in the manner and form as provided for herein, and that the same are free and clear from any and all liens, taxes, assessments, encumbrances and restrictions of w ver kind or nature. IN WITNESS WHEREOF, the parties have : ec to thi. Agreement on the .ay and year identified above. Ed in Graham Drainage Ditch Company, a Colorado corporation Name: Jean/ M , "—CV) Title: Pn�S�nCtiV i 2 STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing was acknowledged before me this /61 day of August, 2006 by Ed On. V [ ,ES S my hand and official seal. My cam fission expires: June 18, 2009 / r ca ICI t4,& g 2 "jam..: ........ ,.,.3f, Notary Public r' u STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing was acknowledged before me this c5eil day of August, 2006 by Jo/4AI M Toop , as geFS.Optic of Graham Drainage Ditch Company, a Colorado corporation. WITNESS my hand and official seal. My commission expires: Cl 1 ,,, sr'-j1 )\ Notary b 'c (� 3 0 U od al al CD ii T n �pp Pz jFFppm o � � � 8I ^N iii W n al • y5a c.6 cu a a o 0:77- Ea; g a) it u Fes., M < F-q C' 5, 5 r. *M HM a Aw �iQ • Na 4. m I WWU � du O N• � i N uwi U 6 H n : aW �� N ~La o n oo Utz. ► ; < L----------- 1 C2 o d O acai C� 0 C.0 �3 a W .r H- Co o \0 W UC Qo Ut 'lbI a_ w o 0 CC cc M I w coz = o -N- x I al ►I o O a w Ce ) I o ' - - _f co ~ � I / aN I- M Na� �o d.d I N ► zo U � z ,C WUtta Wo tea N W \\ \ v z W as u O• a j Ow C N fY 1 Lu CO3 ao UD \ en r St 1 w m \� 2 1 w � z � � $ $ P b - - - 0 esc A bMH9/H 31 b'1S rt a 8 d ir :9 . April 18, 2006 Casseday Creative Designs, LLC 55 South Elm Ave., Suite 210 Eaton, CO 80615 Weld County Planning Department Sheri Lockman Re: New Cache Estates P.U.D. W/2NE/4, Sec. 24, 6N—66W Rob: Duke Energy Field Services, LP is successor in interest to a 20' permanent pipeline easement crossing the above captioned lands in Weld County, CO. After reviewing the site plan, it appears you made your best effort to keep our pipeline out of any building envelopes. We see no conflicts at this time, but would recommend disclosing the existence of our pipeline to all potential owners with the understanding it may be necessary for Duke to conduct maintenance or repairs on the pipeline that may require temporary working space outside our easement. The Department of Transportation requires Duke to maintain a minimum of three feet of cover over all our buried pipelines. If you need additional information, please feel free to contact me at 970.378.6351. Regards, Duke Energy Field Services, LP Lew Hagenlock Right of Way Manager 82/23/2886 23:33 9703517851 ORR LAND PAGE 01 LOHE SHAMAN JACOBS HYMAN&ROGER PC ATTORNEYS AT LAW 900 CHERRY Town 950 Soong CHERRY Smut DENWR,COLORADO 802462666 PAcsnu 303.753.9997 TEtt/MONt 303.753.9000 www.lohkhaunael cant J.M,oiaa MORGA*c tatr.227 rompnahhhainause ALSO AonrrEo IN WYOMING February 7,2006 David Siple C Vice President—Land Noble Energy, Inc. 0 P 17 1625 Broadway, Suite 2000 Denver, CO 80202 Re: New Cache Estates Township 6 North Range 66 West of the 6 P.M. Section 24: W2NE/4 Dear David: We represent Orr Land Company,the developer of the above-kit..,aA1 parcel which is being platted as a nine-lot residential subdivision. -Tice Company's owner,Mr. Ed Orr,is the mineral grater in the ptopaty. Noble has them ly be seat notice that the subdivision be beard by die Weld application none will enclosed for rmatio B Comtuissioa on March 7, A copy of that notice is your information. Tic subdivision SWJ l4 saes only 65313 acres and one 40-we"drilling window." In that Formation,and the Bittern*2 well was drilled in 1986,produced from the CodelI was plugged and abandoned in August of 1997. That drilling window continues . to be sbavot on $m even though the location his berm drilled and abandoned.A proposed plat is> dfor�>p of the The proposed subdivision would not block&Ming Sum Air other foe locations is the NEI4. However, it should be noted that the Ciente*1 well vas drilled in the r NWJ4N immediately abandoned,and the Monfort#1 well in the and abandoned in 199$. *tern 1►I114N£34 was pugged aid • Because the chiliibg window within the proposed subdivision has already drifted;and that welt has been plugged bad abandoned.Orr Load Company guests that Noble make no objection to C-... i'`r + iNic subdivision PI:D. For the same reasons,Orr Land Com y that, `le grant its consent to removal of the "drilled window"depiction fIVEllthe sadtdivision plat. 82/23/2886 23:33 9783517851 0RR LAND PAGE 82 David Siple,Vice President-Land Re: Township 6 North Range 66 West of the 6 P.M. 2/7/2006 Page 2 • Thera has been a good deal of public debate recently concerning mutual accommodation between surface owners and oil and gas leasers. That accommodation involves not only the placement and area of surface facilities used for oil and gas development,but also the duration that possible oil and gas operations inhibit surface development. We hope that this can be a good example of how owners and leasees can wort together to remove surface conflicts when the oil and gas resour...-,;,µs dready ben produced, and the well abandoned. • Please advise if we can provide you with further information concerning this request,and if Noble is willing to consent to the removal of the S W/4NE/4 drilling window from the plat. Very truly yours. LOHF HAIMAN JACOBS HYMAN&FEIGER PC client • .w. — —--- --ci I se; ::.....--- el'"ir l."1::7 '' �'' AliQ I / t ! fai i li ; _ — •Vir- . ...-. --•774:0' ai ii .....--'•••• •..: :: z,t} - Air -"" 64,6 ..., .1." •- '74. 'itx • :11 &1-'s�a+%'r .. -'� ire i iDf:f� '+i 'yii Y 1-'7:9-_ " Wt�y� 1 4616 9c. i. 11.i^.... ..-_... T •• __ ...... mai 1 1 ij h Iiii - ( • 4L, L.,,,L,_.2,170k if ---e.,-..._ I ex 7 62 si‘ 434I ir. / 1 a 1 If :2`...•---- .---e'•" 6--‘''''. •'-`6..../.--- .til. .... le ( 1 /; : 4 -_._. / __ _-...- - ...,"_,..,_,.,:„..: -. ._ - „, -1.7; •-•-•----.....:''''• i •I It qii • N:::..,::7......: _-_:_--: .:- •,. , u: 4 1 I 1: ' i1/4 ''..-------1- ..-...---------.49; \ ti. g i 1 I 1 n 1 i. ..ter urn rj( M}lik,_. .. .. I 1 1- It .6.5171) .5 I t ..,YT ......0.41g / / / CO 3Dvd 15811;E846 EE:EZ 9B6Z/EZ/Z9 THE NEW VON GOHREN DITCH COMPANY RELOCATION AGREEMENT THIS AGREEMENT, made and entered into this day of �h e_ Q 2006, by and between ED ORR(hereinafter referred to as"Orr"), and The New Von Gohren Ditch Company (hereinafter referred to as "the Company"). A. Orr owns property located generally in the West 1/2 of Section 24,Township 6 North, Range 66 West, Weld County, Colorado. The property owned by Orr will be developed at a future date. B. The property owned by Orr is traversed by a lateral ditch known as the New Von Gohren Ditch (hereinafter referred to as "Von Gorhen"). Company owns all the rights, title, interests, and benefits of Von Gohren as it pertains to the above-described Orr property. C. The parties have agreed to relocate a portion of Von Gohren that traverses across Orr's property. NOW,THEREFORE, in exchange for the mutual rights granted and covenants made herein, and other good and valuable consideration, the sufficiency of which is — acknowledged by the parties, Orr and the Company agree as follows: 1. Orr shall, at his expense, cause Von Gohren to be relocated on Orr's property. Orr agrees to perform the relocation at such time and in such a manner so as not to interfere with the irrigation of the property served by Von Gohren. 2. The relocation of Von Gohren shall be accomplished by constructing a pipeline from the Greeley No. 2 Ditch that is owned and operated by the New Cache LaPoudre Irrigation Company as it traverses the Orr property,to the same historical delivery point at the south boundary line of the Orr property. Said pipeline and specifications are further described on Exhibit "A" attached hereto and incorporated herein. ow 3. The Company is hereby granted, by Orr, a non-exclusive easement,a feet wide to transport water in the pipeline, to maintain, operate, use, remove, replace, repair the pipeline and related fixtures over and across the easement area as shown on Exhibit "An 4. In the event the Company replaces or repairs any portion of the pipeline located beneath paved roadway areas on the Orr property, all costs associated with repairing the paved roadway, shall be paid by Orr, his successors or assigns. 5. The parties agree the obligations contained herein shall become a covenant running with the land and shall benefit the Company and burden that easement area of the Orr property across which Von Gohren will be constructed. EXHIBIT I IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year identified above. TH NEW N�N�H COMPANY By i Ed Orr STATE OF COLORADO ) ) ss. COUNTY OF WELD ) '' SUBSCRIBED AND SWORN TO before me this 20th day of April, 2006, by Ed Orr. WITNESS my hand and official seal. S Notary Public My Commission Expires: June 18, 2009 STATE OF COLORADO ) ) ss. COUNTY OF W el' 45 ) (iti_ciz yndBIED SWORN TO befo me this day of , 2006, by as of The ew Von Gohren Ditch patWliii, : . r a� WITNESS My hand and official seal. Notary Public My Commission Expires:4 /Y—O9 2 ,1 O I. O Al .-4 G) Fr " n al F. E MM w f O o (//) w' 5 - - - I M rl • N O aID a) w J� U 8 I V9 g 13 & A f- is) a ' ^ W H � °j AWrio gra Na � aam III Nci © w D I< q1� a J t0 � 1 =off I 0 coo CL � CD < * 3 �to zZ F F a �co 0 il Z � w >ooE- vM W 3� wz o p wa ow W W .(w M M Q N J M W I� Q .- � W - - CD Z a MO 1 I p 0 X 1 1Cri W Q 1 1 0 0 `) 1 0 W O M Ct JI G z -rxclit : " * co ~ / d-d i / k NT 1 �_ � Ucco \ g � (V% W \\ !a.; c3 e I � T I I = ig 00 cos- � fl z ,s\ ? (1 1 0 o WOC 4. 8° p F }` Z62 A VMH$/H 31 t'1S • N ce IC a J W wns op 19 ping •laxagi 'Wd 017:917:E 900Z/17T/8 'oMP'17X39171719\9171719\:D • • • msncr.l TRMA Clearwater Engineering LLC TM A Renaissance of Artist,Scientist and Inventor PO Box 1789 M E MORA RA NE)U M Fort Collins, CO 80522-1789 PH: 970-222-5141 FX: 970-224-2403 TO: Tom Frame Reframed Consulting, Inc. 2986 29t° Street#12 Greeley, CO 80631 CC: Project File FROM: Scott M. Addington DATE: July 21, 2006 PROJECT: New Cashe Estates RE: NP IRRIGATION SYSTEM WITH FIRE SYSTEM CAPACITY Tom, We understand that you want as part of the non-potable irrigation design to include a temporary solution for the local fire department to use non-potable lake water near the site via fire hydrant by use with their engines. This is possible utilizing a single pumping system that can deliver approximately 500 GPM with a low discharge pressure (50 PSI) from the pump station (approximately 25 HP). This portion of the system would operate full flow once a drop in pressure was noticed in the line. It would utilize a pressure maintenance pump to maintain line pressure in the system. The non-potable irrigation system is currently sized using the irrigated areas of about 1/2 acre per lot on 9 lots(1.5 acres of irrigated area). This would require the system produce 150-200 GPM with a discharge pressure of about 90PSI(approximately 15-20 HP)assuming worst case plant requirement of bluegrass. The easiest way to make this work would be to create a skid with vertical turbine pumps over a wet well and intake. One discharge and set of pumps would be dedicated to the non-potable irrigation system and another set of pumps would be dedicated for the fire system. The two systems would be controlled and act independently, and the non-potable system would operate only from April to September. The fire system would be able to operate year round. This requires that the pump building be heated and that all fire system piping be placed at a depth of 5-6 feet to prevent freezing. The lake which supplies the systems would freeze on the top 1-2 feet, but the sub-surface water would be usable year round via a wet well intake system. The wet well and intake would be sized for the system to operate both systems simultaneously. 1 Th #104 We could plan for the future site(10+years)down the road by sizing the intake and some mainline tie-ins accordingly and allow the skid for potential upgrades with pumps and filtration etc. The only other option would be to provide a"Z"shaped pipe from the pond edge or a wet well they could access year round with a connection for the Fire Department. The only problem would be if the engines can handle the several feet of suction lift. This would have to be maintained with a closeable lid to prevent freezing. The last and final note is that systems involving fire system equipment are often required to meet various listings and testing such as FM. If so,the additional redundancy in the system can change both the design and equipment costs substantially. Make sure to have the local fire authority advise on what requirements would be utilized for this type of system. Please advise on the route we need to take on the design. We can meet and discuss with the fire authority at any time. I can be reached at 970-222-5141. Scott M. Addington Principal Design Tria/Clearwater Engineering 2 EUGENE REIBER August 11, 2006 32501 Weld Co Rd. 37 Greeley, Co 80631 970-352-4387 Bus. Weld County Planning Department GREELEY OFFICE Department of Planning Services AUG 1 4 2006 Chriss Gadhman G e Street RECEIVED Greeley, Co Co 80631 Attention Chriss Gadhman: I am writing about concerns I have for the development on Highway 392, case # PZ 1094 I am concerned about the traffic along that highway if an entrance is put where it is proposed, which is at the base of two hills. Traffic traveling 55 miles an hour will not be able to stop coming over the hills when cars have stopped to make turns in to the entrance. It could also block traffic for long periods of time when traffic is heavy and someone is trying to make a left hand turn into entrance. The road has no shoulders for the cars to pull off in case of emergency or to pass a turning vehicle. Second, the ditch carries enough silt and dirt in it that there would be a problem moving the ditch to underground with an eight to ten foot rise. It would soon plug up because of the inability to lift dirt and silt and would eventually shut off irrigation water to lower farms. The seep ditch was laid 100 years ago in such a way as to drain properly and make it formable. If they move seep ditch east as plans show, they will have to pump the water back out and up to reintroduce the water into existing tile which gravity feeds south. There are plans for a lake in the middle of the development. When they dig this pond they will run into vertical shell which will leach off the water as fast as it runs into the lake. Will the properties around the development have access to water outside of North Weld Water? Extra water will be needed to keep plants growing on these properties to keep them from becoming blow sand properties. There will also be a problem with ground seepage on properties and farms east and south of the development. Sincerely Concerned �7 �1 Eugene Reiber �' v� EXHIBIT 1 N Pion THE NEW CACHE LA POUDRE IRRIGATING COMPANY THE CACHE LA POUDRE RESERVOIR COMPANY - (970)352-0222 August 28, 2006 Weld County Planning Department Chris Gathman 918 10th Street Greeley, CO 80631 Case Number: PZ-1094 Dear Chris: Ed On and the Lower Poudre Augmentation Company have entered an augmentation and easement agreement with the reception number 3354964 that states a recharge pond will be constructed on the property that Mr. On owns. This property is located in the W1/2 of the NE1/4 of Section 24, Township 6 North, Range 66 West of the 6th P.M. This recharge pond will contain water that belongs to both the Lower Poudre Augmentation Company and the landowner, Mr. Orr. Water, owned by the landowner, in this recharge pond can be used for fire protection. In the event that water from the recharge pond belonging to the augmentation company is used for fire protection after the landowners water is used in fire protection, the Lower Poudre Augmentation Company will not hold the landowner liable for any losses. Sincerely, Korey ler, Water Tech EXHIBIT 1 33040 Railroad Avenue • P.O. Box 104 • Lucerne, Colorado 80646 Pe #/09y Page 1 of 1 Esther Gesick From: Robb R Casseday [robb@cassedaycreativedesigns.com] Sent: Wednesday, September 06, 2006 6:08 PM To: Esther Gesick Cc: 'Ed Orr'; linda@cassedaycreativedesigns.com Subject: RE: PZ#1094 - Ed Orr Esther: In regard to PZ#1094, New Cache Estates PUD hearing with the County Commissioners, we would request a date of November 1, 2006. We are requesting a waiver of the 45-day deadline because of the extra time needed in getting our agreements finalized with the two ditch companies and the time it took them to write, execute and get approvals with their Board of Directors. We appreciate your patience in this matter and look forward to meeting with the Board of Weld County Commissioners. Thank you for your time and help in getting us on the agenda. Best Regards, Robb Robb R. Casseday, AIA, NCARB Architect/Planner 55 South Elm Avenue.Ste. 210 Eaton, CO 80615 (970)454-8740 phone& fax (970)381-6022 cell robb@CassedayCreativeDesigns.com www.CassedayCreativeDesigns.com CORRECTNESS: If you have any questions or concerns please contact us. Otherwise all information found on this email and its attachments will be considered correct. CONFIDENTIALITY NOTICE: This e-mail is intended solely for the person or entity to which it is addressed and may contain confidential and/or privileged information. Any review,dissemination, copying,printing or other use of this e-mail by persons or entities other than the addressee is prohibited. If you have received this e-mail in error,please contact the sender immediately and delete the material from your computer. From: Esther Gesick [mailto:egesick@co.weld.co.us] Sent: Wednesday, September 06, 2006 9:34 AM To: Casseday, Robb Subject: PZ #1094 - Ed Orr Robb, I received your voice mail, however, the Board is leaving for a conference immediately following the 9:00 Board Meeting, and I've been instructed not to schedule hearings on Oct. 25. Would it be possible for you to send a written confirmation waiving the 45-day deadline(via a response to this e-mail or a separate message)and requesting a specific hearing date? It needs to be included in the file as an Exhibit to document why the hearing is beyond the 45 days. Based on your client's schedule, and that of the Board, it appears the next available hearing is November 1, 2006. I am so sorry for the extended delay in this process. I will wait to hear from you. Esther 9/7/2006 BEAD & WOZNIAK, P.C. ATTORNEYS AT LAW 218 SIXTEENTH STREET-SUITE 1100 DENVER,COLORADO 80202-5115 SUSAN L.ALDRIDGE TELEPHONE DIRECI: (303)4074465 (303)407-4499 E-MAIL: SALDRIDGE@RWENERGYLAW.COM FACSIMILE (303)407-4494 October 31, 2006 VIA FACSIMILE TO: 970-352-0242 Weld County Board of County Commissioners Weld County Centennial Center 915 10`h Street, Third Floor Greeley, Colorado 80631 Re: Change of Zone, PZ#1094 from the A Zone District to the PUD Zone District for nine residential lots with E Zone use, along with continuing oil and gas production and 32.23 acres of open space Part of the W/2NE/4, lying south of the Greeley Canal No. 2; in Section 24, Township 6 North, Range 66 West of the 6`h P.M., Weld County, Colorado("Property") Dear Board of County Commissioners: Our client Noble Energy Production, Inc. ("Noble") has brought to our attention that you have on your agenda for November I, 2006 at 10:00 a.m. a public hearing in connection with a PUD and the above referenced Property. The hearing is pursuant to an application filed by Ed On and Casseday Creative Designs, LLC ("Application"). Pursuant to an Oil and Gas Lease dated April 18, 1979 between Monfort Feed Lots and the Colton Company("Lease"),Noble owns rights in the S/2NE/4 of the Property. The Applicant, Ed On, filed a lawsuit against Noble on April 7, 2006 covering lands within the Property. Pursuant to Weld County Code, Section 27-5-30 (H), a copy of an agreement with the mineral owners associated with the subject property is necessary for a PUD change of zone. Such an agreement shall stipulate that the oil and gas activities on the subject Property have been adequately incorporated into the design of the site, OR shall provide written evidence that an adequate attempt has been made to mitigate the concerns of the mineral owners on the subject property. Oil and gas activities on the subject property have not been adequately incorporated into the design of the site. Additionally, an adequate attempt has not been made to mitigate concerns of the mineral owners. .— www.bwenargylaw cam t" r BEAm&WOZNIAK,BC. Weld County Board of County Commissioners October 31, 2006 Page 2 We understand that in order to secure approval of the Application, Mr. On has or is representing that he has made an adequate attempt to mitigate the concerns of the mineral owners. We anticipate you would agree that the filing of a lawsuit and continued prosecution in no way reflects an"adequate attempt to mitigate the concerns of the mineral owners." However, in early October,Noble entered into negotiations with Mr. On concerning the lawsuit. While a resolution was not reached at that time, the parties agreed to continue discussions in late October and November when Mr. On returned from a trip out of the country. We understand Mr. On has returned from his trip, and Noble is intent on continued negotiations. In any event, the Application submitted by Mr. On should not be heard until the concerns of the mineral owners are mitigated and the parties have determined that further negotiations as to a resolution of the lawsuit and use of the Property is futile. Certainly the Application should not be approved until the parties have resolved use of the Property and oil and gas activities are adequately incorporated into the design of the site. We respectfully request that you continue the November 1,2006 hearing to a later date to facilitate additional discussions between Noble and Mr. On. We have requested through Mr. On's counsel, Steve Kapnik,that Mr. On voluntarily continue the hearing and have been advised that he will not do so. In that a hearing at this juncture would likely not be an effective use of the Board's time and would likely adversely affect attempts at mitigate the concerns of the mineral owners, we are hopeful you will consider this request for a continuance. If a resolution cannot be reached within the next several weeks, then a hearing before you may be timely. Noble will continue to oppose the PUD until such time as the parties determine how the PUD can properly account for Noble's ownership in the Property. Please contact me with any questions. Thank you. Very truly yours, BEATTY &WOZNIAK, P.C. (7?L Susan L. Aldridge cc: Bruce Barker, Weld County Attorney(via facsimile) Steve Kapnik(via email) Noble Energy Production, Inc. (via email) BOARD OF COUNTY COMMISSIONERS' SIGN POSTING CERTIFICATE THE LAST DAY TO POST THE SIGN IS October 15, 2006. 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, Chris Gathman, 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 PZ-1094 IN THE AGRICULTURAL ZONE DISTRICT. Chris Gathman Name of Person Posting Sign I� jj � Signature of Person Posting Sign STATE OF COLORADO ) ss. COUNTY OF WELD The foregoing instrument was subscribed and sworn to me this I day of Leven r , 2006. WITNESS my hand and official seal. r i Rotary Public • NY I. SALZMAN f;ff .•`OQQO My Commission Expires: IC (� � OF CO EXHIBIT • - �� v., i* !' • :4 ira"� � � � .. .d a" ��3tkk�r P' i COLORADO NOTICE Wino ate " p.. A PUBLIC HEARING CONCERNING - THIS PROPERTY WILL BE HELD ATr , X115 l0i 5*„� 0,6,_\,9 &,,„ G..,-4w_;>k 6....-k.) c,...\.,, . -2D 3\ - ON NovcW.�,s 1 , 20 00 AT /O.'O M. . ds y,r;* x rF5-t-,-11., �F -'M NAME N� O„� (Ntc,) O,.o,. - oc' ztyy. A C :,,,,.. . .:...., _t,,, ..:„.,.,_ .. , . , _ , ..,1-4,4.';,t_,,,." ---2,',.7::,.`,. r REQUEST --�r � us.. \< —i lob wi ^� coy^y a G 5 t::j c ,,s, REQUEST 'P...�c,t,'oa —,d, 3Z;VS l—,s . c,-._ �+Au_ S. ti_�,+ '' fil': 1. CASE NO. PZ- /C)-1"/ -4 (-S ACRES FOR MORE INFORMATION CALL �,.. ,_‘,.-,-,',.1:7:-:;,..:',..::'.,-._-_-;_.:::;=,-,-,,-. ., WELD COUNTY DEPARTMENT s PLANNING SERVICES AT 1;0/ 3006 t t ms's i �i I Hello