HomeMy WebLinkAbout20063067.tiff 41 KerrNtGee
September 22, 2006 Kerr-McGee Oil&Gas OnShore LP
1999 Broadway,Suite 3700,Denver,Colorado 80202
303-296-3600•Fax 303-296-3601
VIA FACSIMILE AND U.S. MAIL
Weld County-Board of County Commissioners
915 10th Street
P. O. Box 758
Greeley CO 80631
Re: Tire Recycling, Inc. — Site Specific Development Plan and USR Application
Tire Recycling, Inc., c/o Lind, Lawrence and Ottenhoff, LLP - Applicant
Township 3 North, Range 65 West of the 6th P.M.
Section 32: Part of the S/2S/2SE/4 and N/2S/2SE/4
Weld County, Colorado
Dear Board of County Commissioners,
The purpose of this letter is to inform you that Kerr-McGee Oil & Gas Onshore LP, oil and
gas rights may be adversely affected by the Development plan currently proposed by Tire
Recycling, Inc. It is our understanding that a public hearing on Tire Recycling, Inc.'s application is
scheduled for Wednesday, September 27, 2006.
Kerr-McGee owns interest in the oil and gas leasehold estate in part of Section 32,
Township 3 North, Range 65 West. This real property interest, which has been recorded, entitles
Kerr-McGee to produce oil and gas from these lands. Kerr-McGee also has the legal right to drill
future wells on the Property in accordance with Colorado Oil and Gas Conservation Commission
Rule 318A and other applicable law. Kerr-McGee believes that the oil and gas resources
underlying the Property have significant value and, therefore, is concerned about any surface use
or plan of use that would restrict or preclude the use and enjoyment of these rights.
In addition, Kerr-McGee owns easements and rights of way on the Property within which
it has buried high pressure natural gas pipelines and a network of natural gas gathering lines. Care
must be taken to insure that uses of the surface estate approved by the Board above or near these
pipelines and gathering lines are consistent with both public safety and Kerr-McGee's legal rights
of use.
Kerr-McGee's preferred practice is to meet with and attempt to conclude a mutually
acceptable surface use agreement with the surface owners or their agents. Although it is crucial
that an agreement be in place prior to the Board's approval of the developer's application,as of this
date no agreement has been reached and no surface use agreement relating to Kerr-McGee's right
to explore for and produce oil and gas in Section 12,Township 4 North,Range 67 West, is in place.
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// o/—d4 2006-3067
Weld County-Board of County Commissioners
September 22, 2006
Page 2
For these reasons, Kerr-McGee objects to any future plat approval or surface development
that fails to fully recognize and accommodate Kerr-McGee's access to, and utilization of, its
valuable property rights in Section 32, Township 3 North, Range 65 West. Kerr-McGee requests
that the Board require an executed surface use agreement between the surface owner and the
mineral owners prior to final plat approval as a condition of this application. Moreover, any future
plans should incorporate and designate those lands to be set aside for mineral development and
expressly address what measures will be taken to protect Kerr-McGee's current and future wells,
pipelines, gathering lines and related oil and gas facilities and equipment.
Please contact me at 720-264-2642 if you have any questions or comments about this
matter. Kerr-McGee hopes to conclude a mutually acceptable surface use agreement with the
surface owner of the Property and looks forward to cooperating with the Board to accomplish its
land use planning goals.
Sincerely,
Kerr-McGee Oil & Gas Onshore LP
Terry Fifight
Landmaii.Sptcialist
cc: Tire Recycling, Inc. c/o Lind, Lawrence and Ottenhoff-Applicant
(by facsimile and U.S. mail)
Joseph H. Lorenzo—Kerr-McGee Oil & Gas Onshore LP
Joseph Sanchez—Kerr-McGee Gathering LLC
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