HomeMy WebLinkAbout20052342.tiff AUG-04-2005 THU 12: 10 PN KERR—NcGEE FAX NO. 303 296 9523 P. 02/03
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KERR-McCEE ROCKY MOUNTAIN CORPORATION
19996ROAPWAv,sun 2600•Meer,COLORADO 60202
August 3,2005
RHONE: M13-291-3600
VIA FACSIMILE AND U.S.MAIL FAIL 82064/01
Board of County Commissioners
915 10'"Street, 3s Floor
Greeley, Colorado 80631
Re: Site Specific Development Plan and IJSR Number 1508
Communications Transmissions Towers
Longmont Broadcasting LLC,Applicant
TQwnshiv 2 North.Range 67 West of the 6th P.M-
Section 33: N/2(the"Property")
Weld County, Colorado
Dear Board of County Commissioners,
The purpose of this letter is to inform you that Kerr-McGee's oil and gas rights may be
adversely affected by the Longmont Broadcasting development currently proposed by Longmont
Broadcasting, LLC. It is my understanding that an initial public hearing on Longmont
Broadcasting's application for preliminary plat and development plan approval is scheduled for
Wednesday,August 3,2005.
Kerr-McGee owns interest in the oil and gas leasehold estate in Section 33, Township 2
North,Range 67 West. This real property interest,which has been recorded,entitles Kerr-McGee
to produce oil and gas from these lands. To that extent, Kerr-McGee currently operates two
Codell/'J' sand wells, the Suckla Farms Inc. "B" 1, located in the southwest quarter of the
northwest quarter of Section 33,Township 2 North,Range 67 West, and the Suckla Farms Inc. B
2 located in the northeast quarter of the northwest quarter of Section 33,Township 2 North,Range
67 West. 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 County above or near these
pipelines and gathering lines are consistent with both public safety and Kerr-McGee's legal rights
of use.
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AUG-04-2005 THU 12 10 P11 KERR-NCGEE FAX NO. 303 296 9523 P. 03/03
Board of County Commissioners
August 3,2005
Page 2
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. Kerr-McGee has been
working with Longmont Broadcasting and hopes to conclude discussions regarding a surface use
agreement regarding this development shortly. Although it is crucial that an agreement be in place
prior to the Town'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 33, Township 2 North,Range 67 West, is in place.
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 33,Township 2 North, Range 67 West. Kerr-McGee requests
that the County 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. Kea-McGee hopes to conclude a mutually acceptable surface use agreement with the
surface owner of the Property and looks forward to cooperating with the County to accomplish its
land use planning goals.
Sincerely,
Kerr-McGee Rocky Mountain Corporation
Terry DAEthight
Landman Specialist
cc: Longmont Broadcasting,LLC,Applicant (by facsimile and U.S. mail)
James P. Wason—Kea-McGee Rocky Mountain Corporation
Kevin Osif—Kerr-McGee Gathering LLC
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