The URL can be used to link to this page

Browse Search

Home My WebLink About20053188.tiff WOODROW 8c SOBEL, P.C. ATTORNEYS AT LAW 1660 Wynkoop Street,Suite 1100 Denver,Colorado 80202 Telephone: 303-296-1400 Molly Sommerville Facsimile: 303-296-1924 msommerville@woodrow-sobel.com E-mail: law®woodrow-sobeLcom June 3, 2005 Via Telefax and Federal Express [1-970-304-6498] Chris Gathman, Planner Weld County Department of Planning Services 918 Tenth Street Greeley, Colorado 80631 Re: Frank Wright Property/Case Number: PZ-1074 Township 1 North, Ranee 68 West Section 5: S/2NW/4 (portion) Weld County, Colorado Dear Chris: This law firm represents Anadarko Land Corp. ("Anadarko Land"), formerly known as Union Pacific Land Resources Corporation, and Anadarko P&P Company LP ("Anadarko E&P"), formerly known as Union Pacific Resources Company, with respect to the application that has been filed with Weld County by Frank Wright for the approval of rezoning and a planned unit development for the property referenced above ("Property"). Anadarko Land and Anadarko E&P 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 for Weld County entitled "Notice of Mineral Interests Owned by Anadarko Land Corp. and Anadarko E&P Company LP 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. As you are aware, C.R.S. § 24-65.5-101 et. seq. requires that developers give notice to mineral interest owners of hearings on applications for development and certify to the local jurisdiction that notice was given. Local governments are to require the certification as a condition for the approval of the application. r. EXH lair 2005-3188 Chris Gathman June 3, 2005 Page 2 Notices of hearings should be provided to the Anadarko entities as follows: Anadarko E&P Company LP Post Office Box 9149 Houston, Texas 77387-9147 Attention: Land Manager—Western Division/CBM Anadarko Land Corp. Post Office Box 9149 Houston, Texas 77387-9147 Attention: Manager, Property and Rights-of-Way Thank you for your consideration and attention to this matter. Very truly yours, WOODROW& SOBEL, P.C. Molly Sommerville MS/sa Enclosure cc: Tom Marranzino Dan Casper Don Ballard Donna Powers,Esq. Mike Tucker/for EnCana Oil &Gas (USA) Inc. Frank Wright WOODROW & SOBEL, P.C. ATTORNEYS AT LAW 1660 Wynkoop Street,Suite 1100 Denver,Colorado 80202 Telephone: 303-296-1400 Molly Sommerville,Esq. Facsimile: 303-296-1924 msommerville@woodrow-sobel.com E-mail: law@woodrow-sobel.com June 3, 2005 Via Telefax and Federal Express Members of the Planning Commission of Weld County 918 Tenth Street Greeley, Colorado 80631 Members of the Board of County Commissioners of Weld County 915 Tenth Street Greeley, Colorado 80631 NOTICE OF MINERAL INTERESTS OWNED BY ANADARKO LAND CORP. AND ANADARKO E&P COMPANY LP AND OBJECTION Re: Frank Wright Property/Case Number: PZ-1074 Township 1 North, Range 68 West Section 5: S/2NW/4 (portion) Weld County, Colorado Ladies and Gentlemen: This law firm represents Anadarko Land Corp. ("Anadarko Land"), formerly known as Union Pacific Land Resources Corporation, and Anadarko E&P Company LP ("Anadarko E&P"), formerly known as Union Pacific Resources Company, with respect to the application that has been filed with Weld County ("County") for a change of zone and for a planned unit development by Frank Wright for property that consists of a portion of the S/2NW/4 of Section 5, Township 1 North, Range 68 West in Weld County ("Property"). The Anadarko entities own all of the minerals that underlie the Property. Members of the Planning Commission of Weld County Members of the Board of County Commissioners of Weld County June 3, 2005 Page 2 Anadarko Land and Anadarko E&P wish to give notice to the County of the mineral interests they own under the Property and object to the approval by the County of a final plat for the Property unless and until agreements on surface use are reached between the Anadarko entities and the Applicant with respect to the mineral interests. The following are comments in support of this Notice and Objection: 1. The Oil and Gas Resources Owned by the Anadarko Entities. The oil and gas interests owned by the Anadarko entities are the subject of oil and gas leases between a predecessor company to Anadarko E&P and a predecessor company to EnCana Energy Resources, Inc. ("EnCana"). EnCana operates four producing oil and gas wells on or adjacent to the Property that are located in the NE/4NW/4; NW/4NW/4 SE/4NW/4 and the SW/4NW/4 of Section 5. 2. The Hard Rock Minerals Owned by Anadarko Land Corp. Anadarko Land owns all of the hard rock minerals that underlie the Property, including the coal. A senior geologist with Anadarko Land has reviewed the Property for coal resource potential and determined that the Property lies within the Boulder-Weld Coal Field where there has been extensive coal mining in the past. The geologist opines that there are Laramie Formation coals under the Property that are approximately six feet thick and that lie at depths of approximately 110 feet. The Laramie Formation coals have a high BTU of approximately 8900 to 9800 btu/lb and a low sulfur content of between .3 and .8 percent. The geologist believes that there are approximately 1.6 million tons of coal under the NW/4 of Section 5. Enclosed is a copy of the pertinent portion of the Coal Resources and Development Map of Colorado which documents the numerous coal resources that underlie the Property. Members of the Planning Commission of Weld County Members of the Board of County Commissioners of Weld County June 3, 2005 Page 3 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 Subdivision Applications. The State of Colorado recognizes the important rights of mineral owners and lessees in C.R.S. § 30-28-133(10) which 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 recognizes that the owners of subsurface mineral interests and their lessees have "the same rights and privileges as surface owners." Further, C.R.S. § 24-65.5-101, et. seq. 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. 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 provides that the mineral owner has the right of reasonable access to and use of the surface estate to extract minerals and that the surface owner and mineral owner must exercise their rights in a manner consistent with one another.' 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 violate federal and state constitutional provisions. Union Pacific Railroad Company gave a deed to William Hurley dated May 9, 1900 and recorded July 17, 1900 in Book 178, Page 401 in which the Railroad reserved the minerals for the Property. The Railroad granted the minerals to Union Pacific Land Resources Corporation by quitclaim deed dated April 1, 1971 and recorded April 14, 1971 in Book 644, Reception number 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. 'See Frankfort Oil Company v.Abrams 413 P.2d 190(Colo. 1966)and Gerrity Oil&Gas Corporation v. Magness 946 P.2d 913 (Colo. 1977). Members of the Planning Commission of Weld County Members of the Board of County Commissioners of Weld County June 3,2005 Page 4 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. 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 compensation because of government regulations which disallowed the development by the companies of their mineral rights.3 6. The Anadarko 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. The Anadarko entities have extensive mineral interests throughout Colorado where the surface estate and the mineral estate have been severed. The Anadarko 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 Anadarko entities wish to work with the Applicant in the same manner that they have worked with other developers. Toward that end, the Anadarko entities are in discussions with the Applicant to reach agreements which will include the oil and gas lessee. 2See,for example,Lucas v. South Carolina Coastal Council, 505 U.S. 1003, 112 S.Ct. 2886, 120 L.Ed.2d 798(1992). 'See 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.O.406(1991);United Nuclear Corporation v. United States, 17 CI.Ct. 768,affd.,912 F.2d 1432(1990). Members of the Planning Commission of Weld County Members of the Board of County Commissioners of Weld County June 3, 2005 Page 5 In the meantime, however, the Anadarko entities object to the Application until such time as they reach agreements with the Applicant with respect to their mineral interests and request that the County make any approval of a final plat for the Property conditioned upon an agreement between the Applicant and the Anadarko entities. Very truly yours, WOODROW& SOBEL, P.C. Molly Sommerville MS/sa cc: Donna Powers, Esq. Don Ballard Tom Marranzino Dan Casper Mike Tucker/ for EnCana Oil &Gas (USA) Inc. Frank Wright COLORADO GEOLOGICAL SURVEY Map Series 9 , i i EXPLANATION . LIGNITE WITH LESS THAN. I5a FT. us.?Li OF oVERB(JROIt: i % LIGNITE WITH lso FT. (46 M:) TO L,000 FT' (305 PLY' OF' suserrunmous. OR BITUMINOUS co& wr i} ins THAN ISo Ft- (4E )_ ! OF OVERBURDEN `i ' SUBBITUMINOUS OR BITUMI110US COAL WITH 150 FT. (4E t) TO 3~00 Fic (910 M.) OF OVERBURDEN - BITUMINOUS COAL WITH.MORE THAN 3,000 FT- (910 M.) OF OVERBURDEN •.•.; ANTHRACITE AND SEMIANTNRACITE • aAREA OF PAST OR PRESENT COKING-COAL PRODUCTION 1DENVEFT REGION COAL-BEARING REGION 42.47 ESTIMATED ORIGINAL IN-PLACE RESOURCES TO 6;000 FT. (1820 M. ) , 42.36 _ IN BILLIONS OF TONS ESTIMATED REMAINING IN-PLACE RESOURCES TO 6,000 FT. (1820 M.), IN BILLIONS OF TONS, AS OF 1/1/77 SOMEAT MINES AND PRELIMINARY 1977 PRODUCTION IN MILLION TONS 0.45 SE (FOR MINES THAT PRODUCED > 0.25 MILLION TONS IN 1977) ■ UNDERGROUND MINE (LICENSED AS OF DECEMBER 31, 1977) O ABANDONED UNDERGROUND MINE ,Z‘ SURFACE MINE (LICENSED AS OF DECEMBER 31, 1977) iNiA ABANDONED SURFACE MINE Marnl 'y t � 3 Niece tieaa tee t 1C Mtn Th ly Cor .r it Q�.' , • 1 Wl.O.sot din ..,.% De IvK1s ! I +I,ry .• Bracewell as I 1 .� tea• I . _.. _..-. _L ( 1 •J re e Off c NZ e1 d I v nsr sey ' Lams• . 'J ._ GMA.icn IM rtlin aeu 60 1 I I P she _ / ✓ • anion aste• Ortna tl ♦ Ira Berth iud � , � e n M N i I sr Ilcresl t Dearfie Meade�— C( "' y:are -, • gow/n¢a.., i 4 W..... 1 { :. r � 1. 1 <,t - c Oita +,in W. 111 ,k{+t loal� Tgmgl vc*s Ir " I a•:: • • • , 'a .i f• • • ; qfS.%- ....... :•••.::::::::.:•••:.•11....;::.•ii _ "aM x 1_._.14. . •::.T— 's1F' `, p �: 1� y..;. y ... •• c>_cc` } fe • ! tom'_ T.u ,, ::.,... e 3 '''s=:"••*. rte , 64 I �i1"' t '7 59 m xst P / 1 I UE . :::E1;:::4:7.:::::;:4:7 Ax ,/��' 1 ...111 t• u�Es� Il < ^-r r � > 3 � � a:.,.r e/ ®. ° r .° It • • 6.' a <'4An.ea r!/ _ %pia• • .e• • n {• t on / / ••• 1 L7; f hnL psnwg \ AC * • I (/Pf . Ofer mon: .hNrj J • Ls le Rock "`bbb `. ./� j() a r �% • ! 05/07/1996 03:29 3034431221 WRIGHT PAGE 01 Frank Wright 22 Seven Hills Dr. i-+ Boulder CO 80302 303 440 0381 303 443 1221 Fax ; fiT To: Chris Gathman Fax: 970-304-6498 or 720 652 4211 From: Frank Wright Date: 07/17/05 Re: Highview Ranch proposed landscape Pages: Two including cover materials CC: O Urgent x For Review O Please Comment O Please Reply O Please Recyd i • • liri; L HIhs 1411 J Tt,irl l�fl J: r r '11; `_ is the requested written plan for the landscape material and proposed open uses. '� •ace Respectfully, 4177\Orr\ Frank Wright % 05/07/1996 03:29 3034431221 WRIGHT PAGE 02 Subject: PZ— 1074 Highview Ranch Proposed landscape materiels,method of irrigation and proposed use for the common open space for the Highview Ranch PUD en es'chows: Alter cheddng with Sharp BIDS.Seed Co h Greeley,CO the plan Is to purchase a Dryland Paste Mbc Tie ntbdae is a premium mite of introduced mol.see on grasses for the Great Plains States and Intermountain Regbn.Ma*orty of the Sikhs is math up ofdrouplW idenrtf,sod forming grasses. This mite Is excellent for rmderate spring grazhhg and fall pasture,gf,p formed costal and soli habitation in gdarmems.Sided for 1k to 10k elevation. 20%Irhbmidate Wtaatgrass 20%Smooth Brome,Lhtcahi 20%Crested WS 10%Orcharcgrass,Profile 10%Perelydal Ryegiass 20%Pubescent Wheelgrass,Lune �-.. A fanner who terms all ward this area,has been working the 74 acres for me and our god is to let him plant a crop ofdry lard wheat Ater hawing the wheat,the plan is to use tie stubble leftover as a Darer Sop for planting the dryland pasture Sue In.This plan,devised alter conferring with the farmer and Sharp Bros.,wq allow the grasses a method ofgrawhhg without the need for irrigation.The American Pride CO-OP In Brighton,Colorado has been hired to spray the land for weeds and wit be used in the future to control the weeds.The HOAwtl be required to use this company or one Ilse k to menage the weeds.The Weld County Pubes Works Department Weed hrtanathment Specialist will be contacted to develop this plan further. Allowing the farmer to prepare the land for a crop and then plant and harvest a aop has many advantages such as generating moisture deep in the grand,keeping the weeds under control,keepng the dust down by having vaned proving on the property whie walling to be developed,and serving as a cover crop attar development for the grasses. The proposed uses for the open space areas.IncUdhhg the amass roads for the emergency vehicles and of welt WI serve as a place for residents to tax longerwaks,ride their horses,and most h will it is to help plasma the greet views. SEP-07-2005 WED 04: 15 P11 SOUTHWEST WELD PLANNING FAX NO, 720 652 4211 P. 01 06/27/1996 10:59 3034431221 WRIGHT PAGE 01 Frank Wright • 303-440-0381 • • • To: Chris Gathtnan Fax: 720-6524211 PLEASE FORWARD From: Frank Wright Data: 09/07/05 Re: Idighvieew Ranch Pages: 4 including cover CC: O Urgent El ForRerAew LI Please ComMtn O PleaseRepy p PleaseRecyd • •••P" • - - • • • • L this all that is needed.I never received any written comments from the planning 1 - • •. fleeting.The conservation we had a week attar that meeting you requested I resolve e I had with the ditch company and the oil company and send you an updated version of I , of plan- plotplan has been updated P to show the additional open space area.Let me know if you need a 24"x 36"copy.The ditch company engineers has approved out lasted version of the detention pond-Pm in the process of signing a discharge agreement. 1 have signed a surface use agreement and mineral agreement with the oil company.There lawyer Molly Summerville said she was sending you a letter stating such.Let me know if you would like a copy of these contracts or anything else. I'll call later to see what needed if anything. Please fbel free to email me also. Thanks Frank • it - _ • � ,'"II; h ." - • Tae i3 Ff.41. 1 y�pi I .:.w„mil •� � '1:...1.rr }. : d� :.ee ICJ 7 'yrns,rY'. SEP-07-2005 WED 04: 15 PM SOUTHWEST WELD PLANNING FAX NO, 720 652 4211 P. 02 06/27/1996 10:59 3034431221 WRIGHT PAGE 02 r Aqua Engineering, Inc. MEMORANDUM 4803 Innovation Drive MEMORANDUM Fort Collins, Colorado 80525 Office: 970.229.9688 FAX: 970.226.3855 August 26, 2005 TO: Chris Huffer E-mail: cgh@egaco.com Ehrhart Griffin &Associates TO: David Yardley E-mail: rainbaa€,earthlink.net Lower Boulder Ditch Co. FROM: Amy L. Johnson Stephen W. Smith E-mail: swsmitht4aouaenar.corrt Chris Pletcher, RTW E-mail: cgp c©rtweng.com RE: Highview Ranch, Storm Drainage 1 Page Aqua Engineering and RTW have reviewed the latest Ehrhart Griffin & Associates (EGA) storm drainage design submittal for the HighviewRanch on behalf of the Lower Boulder Ditch Company. This submittal included revised drainage calculations and construction details in response to the previous review comments and is dated August 1 Vi, 2005. Based on this revised information, the technical review indicates that the portion of the site that drains to the Lower Boulder Ditch has now been appropriately designed to manage stormwater runoff quantity and quality In accordance with industry standards and locally accepted design methods. Based on the previous review comments and requests by the Lower Boulder Ditch Company, these current calculations, plans, and details appear to meet all requirements set forth. We recommend approval of the drainage design contingent upon receipt of a final set of construction documents for Lower Boulder Ditch Company approval prior to construction. Please call If you have any questions. • Page 1 SEP-07-2005 WED 04: 15 PM SOUTHWEST WELD PLANNING FAX NO. 720 652 4211 P. 03 06/27/1996 10:59 3034431221 WRIGHT PAGE 03 1 !a ti al •i K il" S" Ir. Y` a !MIN pn . • n • . ii " • n r l #a p pi - Er1psr;'ii �€ 111etIl ni RiIiir I! JJj i13iiIEr, IlfII1, 1 , ¢9l� i1itilgl . ai iill i lii 1 it R E� 1 p t' N' 1 E q O �!ll■I IJI l i I i i1 a II "9 ai ii� sic a J yeti = 1 II ! F=� p_p� a 1. h i@ ! i �l ,� Ell,!" ! i" J Ileial igje1lll 1af. 1 q 11 ! tll n ; Iqq011 " S ! poJi , l 4;�I li Jl J{IJ fa iJI Ii 1l l= Pti Ali j■i 1 D J. ii is I i p I lI" e I � t1 : E ' ■ a ■ ,lam II Il 4 i g' 7I ¢i i a■ c igl ■la l ii l ji lb I l if h �" pig' i t I i i i IIa : li .!� E � i IG "lt 1, III I ION is isl'li Ipi 0 li - NI 11 r at Ii• ill Ii" 1p 1 l IE ! E I 10 ! I p�Fp I , i ■ i 1 ■ ■ i ' : !p1 �l ` l a tl 1 ; I! I i� I l p t3 E o Il ° EI :1 i II! !L i 0, ! 1 ' i pp1; atl s t91 l E J■ �• E it i3 ■ �al ! '~ ��" ■■� ,! : q� p t. ■ ° iliE i sq i i i ;Lip b 1 1 ! IE a" ui I .+l i1- �i l l' i 1 ill 2 41f 'Iiasl Il ₹I 11 I III Ii i II! r. 1 !I ! tip I gli .III " :It !!, !.11 : �" a ill a ll ii , � !. I "11i II ■ Ili }i R . ] i.�e i E1 .-1 lit sii `r "i_a I I I'II i . ig ;io l'l'i II I a; I a l; ii Ili it 1 II I II ' If; JII III l 'al -its ' p 1 lig 55 i III iI E i __ 1 ipaliIlil ■ 1I t: t sllI II I1 ; 1 I"ll r i I ¢ � 'i E1 R7 d Ida i .i fi! p�� ; . 3 Es�tt 1l : ! pp l E,E;EiAa III 9 rill IIII 1 gCrn a �i. ii��i pi . iI E li i1 ¢ Ic ili ;� ,i H liik iie i, i . I!iiI! a j! JJI " r D ! i ! �a, Ili iO =3 I al p �: liddl knifI1! l a aE D ga . ) t ; EF: 9i � z I pll '■I I,t1 _ ° ids s'se III lb *I F E ! 9iiii "' n iiI i ai; ii :�+p , :,n' ig {ii ¢ it !t; i i i i" f��.i; . , . " �. i I` � its �• 1 pE ilii , ..: :.:i..J.... I I0 Il' ! it . N i II; 1i1 1. s,IUf ooli b Pi! ; App. ii -ir�1 � ill 6 g C I Ill ii l,'- iji r r!lli$.!'i;rir: flit I � �ii t: iPIN g.,oR O 4 R.!!1lif 9�l.1:-4=. IIl" ' i Ei s i! 'will ,il"i i'il Ipc!I.'�p� L flol Ii!j !lilt! Ts iAlliii ii kb ill ;1: : ; 111 • i I " 1 iii ; `■R '� ■" ip d �1� i p i i 'E I li E "'°' f, 4 IPM J " i1 i Eil,.l is9 ' 1 ! I ! F i I`'� Sep ; aip aI,,II a i a1 Is _i pill !!!! i A (I s4 1 ! i I I ail iAf' ., 4) 1I ■ ' : ili €ii 1 IE I i II N r iIlpp� it 1I i I p illlI1111 li 11 l r \•, : i 1 p I. . i 114l; I I ! •I zIliiia II . -■ 333 i IiS■�t SEP-07-2005 WED 04: 18 PM SOUTHWEST WELD PLANNING FAX NO, 720 6524211 P. 04 06/27/1996 10:59 3034431221 WRIGHT PAGE 04 Voi A': ,e•••----!---- ..-•-'rer:VEL. RWD) Iiii ! rc — is awn nos i 1 a4_ rrru.s \ mew om�as] �' T --\._ \ I i ₹ - •_.,...H3 ... 1 i ag� 8 1- iri, 1sersw•-sellta—_.1 1 %y��__ r I fill i l ab r--a.�.--1 r `--ti I it : ! IR i I Il ®i j `ate ' � a j i�j ~, � ,�..� ' I 2 12.1 0,I i i.a ji 1 q lit IE i i i ---..,.—�r--- .=--1 0© '-- iii in Ti It 6 ib I 1 �'� t� zD y Its Rq S I II I i ' • ! I p ��ii 1 I IL I W42 --1 • i,,,n-, _ .. rn C• --Ill _� 1-�\ a —�"��isi[[1r � r ;il D I tND 1 fil 'kg ;it ,P,i,- 1, Sib Cr .ot II i II/_ �.'ll a 3'Il I 5 1 11 ' T ° E i 1 1 I •�"ai `• L �i lii E ii i I ii I II i -- \ --7-�— --- II Ii ++jj i � I' s I� ilk ( I — III PI R 4 \ ,L l t Ile I III ! II •`. 4 I1 i'I 1II II i ipi i l I 8 I, i i iii ii ii I tic"! ' I 4 a I : 11 z II ;PI � ' Ii Ili \I ■iC lramilez I Rif .r. 1.047010 04441.16) "mar•er am caner 3w ;44 Hello