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Home My WebLink About20020763.tiff I DEPARTMENT OF PLANNING SERVICES PHONE (970)353-6100, EXT.3540 FAX (970)304-6498 1555 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO January 7, 2002 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: USR-1367 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, March 5, 2002, at 1:30 p.m., in Room 210, Weld County Planning Department, 1555 N. 17th Avenue, Greeley, Colorado concerning the request of: NAME: Robert Oman FOR: A Site Specific Development Plan and Special Use Permit for a Use By Right in the 1-3(Industrial) Zone District(manufacturing of soil products)and a Use By Special Review in the A(Agricultural) Zone District(open-pit mining). LEGAL DESCRIPTION: SE4 of the SW4 of Section 1,T1N, R66W of the 6th P.M.,Weld County, Colorado. LOCATION: 1/4 mile east of WCR 35; 1/4 mile south of State Highway 52. 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, 1555 N. 17th Avenue, 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. 2002-0763 SURROUNDING PROPERTY OWNERS AND/OR SUBSURFACE ESTATES/INTEREST OWNERS USR-1367 RME LAND CORP PO BOX 1330 HOUSTON TX 77251-1330 KERR-MCKEE ROCKY MOUNTAIN CORP 1999 BROADWAY, SUITE 3600 DENVER CO 80202 CHARLES AND ANDREA BUSHA 5118 WCR 35 FT LUPTON CO 80621 JOSEPH & SHIRLEY IANELLI 7451 WCR 49 HUDSON CO 80642 JAMES MARTIN 14591 JUNCTION ROAD ELDRIDGE MO 65463 RISA OHKAWA 23279 WCR 72 EATON CO 80615 r TIM, NORMAN, AND MARY TROSTEL 17264 WCR 12 FT LUPTON CO 80621 F.A., ELSIE, JERRY&JAY TRUNKENBOLZ 609 SOUTH 1ST AVENUE BRIGHTON CO 80601 WELD COUNTY WASTE DISPOSAL INC 219 E. NAKOMA SAN ANTONIO TX 78216-3217 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners and owners and lessees of minerals in accordance with the notification requirements of Weld County in Case Number USR-1367 in the United States Mail,postage prepaid First Class Mail by letter as addressed on the attached list this 7'" day of January, 2002. 7L,vt f11n Donita May EXHIBIT AFFIDAVIT OF INTERESTED LAND OWNERS Page 1 of 1 AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE Subject Parcel: 147101000035 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 Coun Assessor was assembled within thirty days of the application's submission date. , Fir . Signs re 17 c:JDAPno,AN.ti ((pbL_) Date Xato3- r +mot ' i /s Property Owners Within 500 ft. of Parcel* 147101000035 NAME MAILING ADDRESS PARCEL IDENTIFICATION# 5118 WELD CO RD 35 BUSHA CARLES E SR& ANDREA L 147101000036 FT LUPTON,CO 80621 7451 WCR 49 IANELLI JOSEPH G& SHIRLEY J 147112000007 HUDSON,CO 80642 14591 JUNCTION RD MARTIN JAMES I 147101000015 ELDRIDGE,MO 65463 23279WE.IDCORD72 OHKAWA RISA& 147101000037 EATON,CO 80615 TROSTEL TIMOTHY NORMAN& MARY 17264 WELD CO RD 12 TERESA 147112000056 FT LUPTON,CO 80621 TRUNKENBOLZ F A&ELSIE R& JAY E JERRY L & 609 SOUTH 1 AVE 147101000038 BRIGHTON,CO 80601 219 E NAKOMA WELD COUNTY WASTE DISPOSAL INC SAN ANTONIO,TX 78216- 147112000055 3217 http://maps.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=147101000035&Par... 11/27/2001 r• r-. AFFIDAVIT OF MINERAL OWNERS AND MINERAL LESSEES (Oman Property) Subject Property: Township 1 North, Range 66 West, 6th P.M., Weld County, CO Section 1: SE%SW% STATE OF COLORADO ) ss. COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, deposes and states that to the best of his 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 Transnation Title Insurance Company of Greeley Commitment No. 80482876 dated October 20, 1999, and the real property records of Weld County, Colorado as same were posted on November 12, 2001. Mineral Owners Mineral Leasehold Owners: RME Land Corp. Kerr-McKee Rocky Mountain Corp. P.O. Box 1330 1999 Broadway, Suite 3600 Houston, TX 77251-1330 Denver, CO 80202 r RME Petroleum Company P.O. Box 1330 Houston, TX 77251-1330 William G. Crews Certified Professional Landman #3477 Subscribed and sworn to before me by William G. Crews this 14th day of November, 2001. Witness my hand and official seal. \Mymissi n expires: i Z(, Notary ublic r LISTING OF MINERAL OWNERS AND MINERAL LESSEES Subject Property: Township 1 North, Range 66 West, 6th P.M., Weld County, CO Section 1: SE' SW'A Minco LLC, an oil and gas 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 January 9, 2002. Mineral Owners Mineral Leasehold Owners: RME Land Corp. Kerr-McGee Rocky Mountain Corp. P.O. Box 1330 1999 Broadway, Suite 3600 Houston, TX 77251-1330 Denver, CO 80202 RME Petroleum Company P.O. Box 1330 Houston, TX 77251-1330 Dated this 31"day of January, 2002. MINCO LLC (fiacixdi - By: David J. Plasters Attorney Regis. No. 12899 Mine°LGC Ottani gas'1WeSemites P.O.Bo. 2336337 (970)352-0733 Greeley,CO 80633-0606 fax(970)351-0867 CERTIFICATE TO LOCAL GOVERNMENT I, Robert Oman,Owner of Select Materials, as applicant to the COUNTY of WELD for: USE BY SPECIAL REVIEW TO MANUFACTURE SOIL PRODUCTS (case number USR-1367). Hereby certify that the notice required by 24-65.5-103(1) C.R.S. was provided to the mineral estate owners. The notice was deposited in the US Mail, first class postage prepaid on January 29, 2002. Applicant: Select Materials/Robert Oman PO Box 280 Ft. Lupton, Colorado 80621 �4 January 29, 2002 by: Robert Oman, Owner Date STATE OF COLORADO ) )SS. COUNTY OF WELD) The foregoing was acknowledged before me thisa$' day of January, 2002, by Robert Oman as Owner of Select Materials. KATHY L WOLF WITNESS my hand and official seal. NOTARY PUBLIC STATE OF COLORADO Kathy L.Wolf My commission expires: f.. m,oc;nn axrlras ero9ro005 otary Public . NOTICE TO LOCAL GOVERNMENT PURSUANT TO 24-65.5-103(1)C.R.S. YOU ARE HEREBY NOTIFIED THAT THE FOLLOWING MINERAL ESTATE OWNERS WERE NOTIFIED NOT LESS THAN 30 DAYS BEFORE THE INITIAL PUBLIC HEARING ON THE APPLICATION FOR USE BY SPECIAL REVIEW TO MANUFACTURE SOIL PRODUCTS (case number USR-1367). THE MINERAL OWNERSHIP WAS NOT SHOWN ON THE WELD COUNTY RECORDS. WILLIAM G. CREWS PROVIDED THIS INFORMATION. Name and Address: RME Land Corporation PO Box 1330 Houston, TX 77251-1330 RME Petroleum Company PO Box 1330 Houston, TX 77251-1330 Kerr-McKee Rocky Mountain Corporation 1999 Broadway, Suite 3600 Denver, CO 80202 Applicant: Select Materials Robert Oman PO Box 280 Ft. Lupton, Colorado 80621 January 29, 2002 By: obert Oman, Owner Date: Select Materials Robert Oman PO Box 280 Ft. Lupton, Colorado 80621 January 29, 2002 To: Kerr-McKee Rocky Mountain Corporation 1999 Broadway, Suite 3600 Denver, CO 80202 RE: Select Materials/USR-1367 There will be a Public Hearing before the Weld Board of County Commissioners Tuesday, March 5th, 2002, at 1:30 p.m., in the second floor hearing room 210, Weld County Planning Department, 1555 N. 17th Ave, Greeley, Colorado concerning the request of Name: Select Materials/Robert Oman r For:Use by Special Review Application Legal Description: Southeast quarter of the southwest quarter, Section 01, Township 01 North,Range 66 West of the 6th P.M.,Weld County, Colorado. Location: 17269 WCR 12. You may have an interest in the minerals located under the property. For additional information write or telephone our consultant on the project, Todd Hodges of Todd Hodges Design, LLC at (970) 207-0272, 2412 Denby Court, Fort Collins, Colorado 80526. Signed: bert Oman Date: January 29, 2002 Select Materials Robert Oman PO Box 280 Ft. Lupton, Colorado 80621 January 29, 2002 To: RME Land Corporation PO Box 1330 Houston, TX 77251-1330 RE: Select Materials/USR-1367 There will be a Public Hearing before the Weld Board of County Commissioners Tuesday, March 5th, 2002, at 1:30 p.m., in the second floor hearing room 210, Weld County Planning Department, 1555 N. 17th Ave, Greeley, Colorado concerning the request of Name: Select Materials/Robert Oman For: Use by Special Review Application Legal Description: Southeast quarter of the southwest quarter, Section 01, Township 01 North,Range 66 West of the 6th P.M.,Weld County, Colorado. Location: 17269 WCR 12. You may have an interest in the minerals located under the property. For additional information write or telephone our consultant on the project, Todd Hodges of Todd Hodges Design, LLC at (970) 207-0272, 2412 Denby Court, Fort Collins, Colorado 80526. Signed: /241-?4-42‘2.— Robert Oman Date: January 29. 2002 r Select Materials Robert Oman PO Box 280 Ft.Lupton, Colorado 80621 January 29, 2002 To: RME Petroleum Company PO Box 1330 Houston,TX 77251-1330 RE: Select Materials/USR-1367 There will be a Public Hearing before the Weld Board of County Commissioners Tuesday, March 5th, 2002, at 1:30 p.m., in the second floor hearing room 210, Weld County Planning Department, 1555 N. 17th Ave, Greeley, Colorado concerning the request of: Name: Select Materials/Robert Oman For: Use by Special Review Application Legal Description: Southeast quarter of the southwest quarter, Section 01, Township 01 North,Range 66 West of the 6th P.M.,Weld County, Colorado. Location: 17269 WCR 12. You may have an interest in the minerals located under the property. For additional information write or telephone our consultant on the project, Todd Hodges of Todd Hodges Design, LLC at (970) 207-0272, 2412 Denby Court, Fort Collins, Colorado 80526. Signed: Vc%1� "Y"� Robert Oman Date: January 29. 2002 Weld County Planning Department Davis Graham & Stubbs LLP GREELEYOFFICE JAN 3 0 2002 January 29, 2002 RECEVED ED Mr. Chris Gathman Weld County Planning Commission 1555 North 17th Avenue Greeley, Colorado 80631 Re: Robert Oman USR-1367 Township 1 North, Range 66 West Section 1: SE/4SW/4 Weld County, Colorado Dear Mr. Gathman: This firm represents Kerr-McGee Rocky Mountain Corporation ("KMRMC"), formerly HS Resources, Inc., with respect to its oil and gas leasehold interests in the above captioned lands (the "Property"). KMRMC owns all of the oil and gas leasehold title as to all depths underlying the Property. KMRMC's surface use rights are more particularly described in the attached Notice of Right to Use Surface of Lands dated September 25, 2000, recorded October 30, 2000 at Document No. 2803233 of the real property records of Weld County. KMRMC requests that the Planning Commission's consideration of the proposed Site Specific Development Plan and Special Use Permit for a Use by Right include reasonable accommodation of the underlying mineral estate and the rights of KMRMC. KMRMC looks forward to working with Weld County and the surface owner to effect safe and reasonable surface use by both surface and mineral owners. Please be advised that KMRMC and the surface owner have not reached a surface use agreement at this time. Should you have any questions regarding KMRMC's oil and gas interests in the Property, please do not hesitate to call Chris Greneaux at (303) 296-3600. Ver truly yours, Dustin M. Ammons, Esq. for DAVIS GRAHAM&STUBBS LLP cc: KMRMC cvWp� 6000' #417934v1 V January 29,2002 11:19am Dustin M.Ammons,Esq. . 303 892-7488 . dustin.ammons@dgslaw.com 1550 Seventeenth Street • Suite 500 • Denver, Colorado 80202 303 892 9400 • fax 303 893 1379 www.dgs law.com Iitiluoutun iii 1111111 M111111111 ulll iii Iiii 2603233 10/30/2000 11:42A JA Sukl Tsukamoto 1 of 1 R 6.00 0 0.00 Weld County CO a,33 NOTICE OF MIFF TO USE SURFACE OF LANDS TIIE UNDERSIGNED, James P. Wason, as Denver Basin Land Supervisor, of IIS RESOURCES, INC., a Delaware corporation ("115R"), whose address is 1999 Broadway, Suite 3600, Denver, Colorado 80202,on behalf of I ISR,stales as follows: ISR is the owner of or has the right to an undivided interest in and to that certain Oil and Gas Lease dated November 25, 1970,recorded in Book 637,at Reception Number 1559257,of the records of the office of the Weld County Clerk and Recorder, from Union Pacific Railroad Company,as Lessor,to Pan American Petroleum Corporation,as Lessee,as may be amended(hereinafter referred to as the"Oil and Gas Leases"). The undersigned is familiar with the terms and conditions of the Oil and Gas I.eases and hereby confirms such as valid and subsisting Oil and Gas I.eases which are within or have been extended beyond their primary terms by the actual drilling and production from a well or wells capable of producing oil and/or natural gas on lands covered by the Oil and Gas Leases or lands which have been pooled or unitized therewith. I ISR, its agents, employees, designees, co-owners, successors and assigns hold certain rights to use and access the surface of the lands described below for the purpose of, among other things, DRILLING Ott COMPLETION OPERATIONS OR CONTINUING ACTIVITIES FOR 111E PRODUCTION OR TRANSPORTATION OF OIL, GAS, OR C IIIER HYDROCARBONS Ott I'ROI)l1C'I:S ASSOCIATED WITH TIIE FOREGOING INCLUDING,BUT NOT LIMITED TO,SURFACE USE,INGRESS'1'O, EGRESS FROM, ANI) CONSTRUCTION, MAINTENANCE REPAIR, REPLACEMENT, AND MONITORING OF WELLS, LOCATIONS, EQUIPMENT, MUI) AND RESERVE PI'T'S, WELLHEAD EQUIPMENT, SEPARATORS, TANK BATTERIES, PIPELINES, GATHERING LINES, 'TOWLINES, PIPELINE INTERCONNECTIONS, AND ANY AND Al.l. OILIER REASONABLE OR CUSTOMARY USES OF LAND RELATED TO SAID OPERATIONS OR ACTIVITIES. AI.I. OF SIUCII SURFACE USES ARE SUBJECT TO THE TERMS SET FORTH IN TI IF OIL ANI) (iAS LEASES, AT LOCATIONS WITHIN THE FOLLOWING DESCRIBED LANDS: Toownship_I North,Range 66 West,6th P.M. Section I: NW/4,S/2 NOTICE is hereby provided to all interested parties, including ally surface owners,their heirs,assigns and successors-in-inter-st that I ISR has an ongoing right to use the surface of the lands described above for any use as allowed by the Oil and Gas Leases now or at some future date. Certain Oil and Gas Leases may contain specific provisions restricting I ISIC's surface uses and occupancy. 'Ibis Notice shall not apply to those Oil and Gas Leases containing such provisions. The provisions of each Oil and Gas Lease may be determined by examining the document as recorded on the Weld County records at the book and reception number provided on the attached Exhibit"A". This notice is intended to remain in force for as long as the Oil and Gas Leases,or any extensions or renewals thereof remain in effect as to the above-described lands or any portion thereof. I lowever,nothing herein contained shall he construed to limit the rights or enlarge the obligations of I ISR or any other party owning all interest in said lands or Oil and Gas Leases. Further,this notice shall not be construed to modify or disclaim any interest I ISR or any other party may have in any other valid lease or leases which along with the Oil and Gas Lenses may form a part of a pooled or unitized area for an existing well or which may become port of a future spacing unit or pooled area or may actually cover an interest in the specific lands herein described. IIS RESOURCES,l VC, By: sines 1 Wason enver .asin ,a/Sh1eYTBITADO Lan Supervisor � ss t c ki ,Ai1D NTY OF DENVER ) 1 oThe,foregoing instrument was acknowledged before me thisQfj)^day of 1 f7)f-p1Y)JV.L, 2000, .by.fames P:.Wrtinn,as Denver Basin Land Supervisor of IIS Resources,Inc.,a Delaware corporation. "+nay +��, % "PJII�IE$5 my hand and official seal. My Commission expires: Notary Publb II/GrouptimMuclitgemu/Notke Suite.On Ar fl1,.kl6, I' .' WELBORN SULLIVAN MECK &TOOLEY, P.C. 821 17th Street, Suite 500 Denver,Colorado 80202 ATTORNEYS AT LAW Telephone:303-830-2500 Facsimile:303-832-2366 E-mail:wsmt@wsmtlaw.com Stephen J.Sullivan John E.Meck Keith D.Tooley Kendor P Jones Brian S.Tooley February 25, 2002 Thomas C.McKee Stephen A.Bain Molly Sommerville Weld County Pl Department Wiliam R.Rapson GREELEY 0Ff10Eanning Kathryn Haight Kristen L.Mix Via Telefax and Federal Express FEB 2 6 2002 Amy E.Seneshen Danielle V.Wiletsky RECEIVED Rebecca N Welborn Mr. Chris Gathman Special Counsel Department of Planning Services John E Welborn 1555 N. 17th Avenue Norman S.Early,Jr. Greeley, Colorado 80631 of Counsel Robert E Welborn Re: Robert Oman Application USR 1367 %-� Township 1 North, Range 66 West Section 1: SE4SW4 Weld County, Colorado Dear Chris: This law firm represents RME Land Corp.(""RME Land"),formerly known as Union Pacific Land Resources Corporation,and RME Petroleum Company("RME Petroleum"),formerly known as Union Pacific Resources Company, with respect to a special use permit application ("Application")that has been filed with Weld County("County")by Robert Oman("Oman")for the property referenced above ("Property"). RME Land and RME Petroleum together own all of the minerals that underlie the Property. Enclosed is a letter to the members of the Planning Commission and the Board of County Commissioners of Weld County entitled "Notice of Mineral Interests Owned by RME Land Corp. and RME Petroleum Company and Objection" ("Notice and Objection") which I ask that you provide to the Planning Commission and the Board to be included in the record of the proceedings to be held on the Application. You will note that RME Land at this time does not object to the Application because of the hard rock mineral interests,including the coal,that it owns under the Property. RME Land and RME Petroleum object to the Application only because of the oil and gas interests that they own under the Property. EXHIBIT I9 Mr. Chris Gathman February 25, 2002 Page 2 In all cases of proposed surface development,the RME entities carefully evaluate the nature of their mineral resources, the circumstances surrounding the land use application, and the impact the proposed surface development will have on the ability to develop the minerals. RME Land or the RME entities, as applicable,will generally object in cases where there are known mineral resources and the proposed surface development will made the development of the mineral resource impossible or more difficult or expensive to develop,taking into consideration any special circumstances surrounding the land use application. In this case, RME Land has carefully evaluated the nature of the hard rock mineral interests that underlie the Property and the facts surrounding the Application, including the fact that a special use permit currently covers the Property, in making its decision not to object on the basis of the coal resources. As you are aware,the Colorado General Assembly recently passed House Bill 01-1088 which was enacted into law as Article 65.5,"Notification of Surface Development," in Title 24 and which became effective on July 1. The law requires that developers give notice to mineral interest owners of hearings on applications for developments and certify to the local jurisdiction that the notice was given. Local governments are to require the certification as a condition for the approval of the application. Notices of hearings should be provided to the RME entities as follows: Ms. Tami Hughes Anadarko Petroleum Corporation P. O. Box 1330 Houston, Texas 77251-1330 Dan Casper P.O. Box 265 Franktown, CO 80116 Thank you for your consideration and attention to this matter. Best regards, Molly Sommerville MLS/jkj Enclosures Mr. Chris Gathman February 25, 2002 Page 3 cc: Dan Casper Tami Hughes Don Ballard Marla Jones, Esq./Donna Powers, Esq. Todd Hodges/for Robert Oman Chris Greneaux/Kerr McGee Rocky Mountain Corporation S:\MIS\Union\Oman\Gathman_1tr_02-14-02.wpd WELBORN SULLIVAN MECK &TOOLEY, P.C. 82117th Street, Suite 500 Denver,Colorado 80202 ATTORNEYS AT LAW Telephone: 303-830-2500 Facsimile: 303-832-2366 E-mail:wsmt@smtlaw.com Stephen J.Sullivan John F Meek February 25, 2002 Keith D.Tooley Kendor P.Jones Brian S.Tooley Thomas C.McKee Stephen A.Bain Members of the Planning Commission Molly Sommerville and the Board of County Commissioners William R.Rapson ht of Weld County Kathryn H.Mix Kristen L.Mix 1555 N. 17th Avenue Amy E.Seneshen Danielle V.Wilctsky Greeley, Colorado 80631 Rebecca N.Welbom Special Counsel John F Welbom NOTICE OF MINERAL INTERESTS OWNED BY RME LAND CORP. Norman S.Early,Jr. AND RME PETROLEUM COMPANY AND OBJECTION Of Counsel Robert E Welborn Re: Robert Oman Application USR 1367 Township 1 North, Range 66 West Section 1: SE4SW4 Weld County,Colorado Ladies and Gentlemen: This law firm represents RME Land Corp.("RME Land"),formerly known as Union Pacific Land Resources Corporation,and RME Petroleum Company("RME Petroleum"), formerly known as Union Pacific Resources Company,with respect to the application that has been filed with Weld County for approval of a special use permit for property("Application") located in the SE4SW4 of Section 1, Township 1 North, Range 66 West ("Property"). RME Land and RME Petroleum together own all of the minerals that underlie the "Property". RME Petroleum and RME Land wish to give notice to Weld County("County")of the oil and gas interests they own under the Property and to make the County aware that any subsequent approval by the County of a special use permit application for open pit mining and manufacturing facilities may make the oil and gas resources that underlie the Property more difficult to develop. RME Land and RME Petroleum object to the approval by the County of the Application unless and until an agreement on surface use for the oil and gas is reached between the RME entities and the Applicant. EXHIBIT � ZO Members of the Planning Commission and the Board of County Commissioners February 25, 2002 Page 2 The following are comments in support of this Notice and Objection: 1. The Hard Rock Mineral Resources Owned by RME Land Corp. RME Land has carefully evaluated the circumstances surrounding the special use permit application and made a decision at this time that it will not object to the Application based on the hard rock minerals, including the coal. 2. The Oil and Gas Resources Owned by RME Petroleum Compani. RME Petroleum owns all of the oil and gas that underlies the Property. RME Petroleum believes that Kerr-McGee Rocky Mountain Corporation has been assigned certain oil and gas leasehold interests in the Property and operates at least one well in the Section. 3. There is Clear Statutory Authority and Direction for the County to Take Into Account the Rights of Mineral Interest Owners in Its Consideration of Land Use Applications. The State of Colorado recognizes the important rights of mineral owners and lessees in C.R.S. § 30-28-133O0)which requires that notices of hearings of subdivision plat applications be given to mineral owners and lessees in counties. More important, subsection (10) states and acknowledges 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 directs county planning commissions to recognize that the owners of subsurface mineral interests and their lessees have"the same rights and privileges as surface owners." Further,the Colorado General Assembly recently passed House Bill 01-1088 in Article 65.5, Title 24, "Notification of Surface Development", which requires that applicants for development approvals give notice to mineral estate owners of hearings to be held before local jurisdictions for applications for development and further requires that the developer certify that he has given the required notice as a condition to the approval of the application by the local jurisdiction. Members of the Planning Commission and the Board of County Commissioners February 25, 2002 Page 3 4. 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. Colorado case law continues to provide that the mineral owner owns the dominant estate and 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("Railroad") gave a deed to The Hudson Land Company dated February 1, 1910 and recorded in the Weld County Clerk and Recorder's office on April 27, 1910 in Book 320 at Page 17 in which it reserved all of the minerals. The Railroad granted the minerals to Union Pacific Land Resources Corporation (predecessor to RME Land) by quitclaim deed dated April 1, 1971 recorded on April 14, 1971 in Book 644, Reception No. 1565712. Applicant had record notice at the time he acquired his interests in the Property that the minerals were severed from the surface estate and that he received less than the entire interest in the Property. 5. 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 for which the County Could Be Required to Pay the RME Entities Fair Compensation. 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 The United States Claims Court and the Federal Circuit Courts have awarded compensation or affirmed decisions to award compensation to energy and mining companies based upon claims by the companies that their mineral properties had been taken by the government without just 'See Frankfort Oil Company v. Abrams,413 P.2d 190(Colo. 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 Planning Commission and the Board of County Commissioners February 25, 2002 Page 4 compensation because of government regulations which disallowed the development by the companies of their mineral rights.' 5. The RME 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. RME Land and RME Petroleum ("RME entities") have extensive mineral interests throughout Colorado where the surface estate and the mineral estate have been severed. The RME entities have worked with many parties who wish to develop the surface estate in order to assure the compatible development of the surface and the minerals or to effect some other disposition of the minerals. The RME entities wish to work with the Applicant in the same manner that they have worked with other developers.The RME entities object to the Application,however,until such time as they reach an agreement with the Applicant and request that the County make any approval of the Application conditioned upon an agreement between the Applicant and the RME entities. r Very truly yours, WELBORN SULLIVAN MECK& TOOLEY, P.C. By: Molly Sommerville MLS/jkj Enclosures cc: Dan Casper Marla Jones, Esq./Donna Powers, Esq. Don Ballard Tami Hughes Chris Greneaux/Kerr McGee Rocky Mountain Corporation Todd Hodges/for Robert Oman 3See for example Whitney Benefits,Inc.v. United States, 18 CI.Ct. 394(1989),corrected,20 CI.Ct. 324 (1990),affd.,926 F.2d 1169(Fed.Cir.),cert. denied, 112 S.Ct.406(1991); United Nuclear Corporation v. United i-. States, 17 CI.Ct.768,affd., 912 F.2d 1432(1990). S:\MLS\Union\Oman\W eld_County_Ilr_02-I4-02.wpd Hello