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HomeMy WebLinkAbout20051397.tiff K. P. KAUFFMAN COMPANY, INC. WORLD TRADE CENTER 1675 BROADWAY, 28TH FLOOR DENVER, COLORADO 80202-4628 TELEPHONE(303) 825-4822 FACSIMILE(303) 825-4825 www.kpk.corn November 7, 2005 Board of County Commissioners Weld County Centennial Center 915 10th Street, Third Floor Greeley, Colorado 80631 Re: Site Specific Development Plan and Amended Use by Special Review Permit #1231 for a Livestock Confinement Operation (dairy) and Animal Feeding Operation in the A Zone District Weld County, State of Colorado Dear Sirs: As per the Referral Letter that I received, K. P. Kauffman Company, Inc. (KPK), as mineral lessee, has been notified by Weld County of the proposed Site Specific Development Plan and Amended Use by Special Review Permit #1231 for a Livestock Confinement Operation (dairy) and Animal Feeding Operation in the A Zone District (Surface Development). KPK's mineral estate within the subject property consist of numerous oil and gas wells, tank batteries, flow lines, pipelines, recorded easements, easements, access and other oil and gas leasehold fixtures. Also, KPK has the right to drill additional wells on the property as per the legislation of the Colorado Oil and Gas Conservation Commission. The proposed Surface Development will directly impact KPK's existing and future oil and gas operations. KPK requests assurance from Weld County that the proposed Surface Development will not preclude KPK from drilling, operating, producing and other normal activities for maintaining existing and future oil and gas lease operations. KPK objects to the proposed Surface Development because of the damaging impact the Surface Development will cause to KPK's real property rights and said oil and gas lease operations. KPK requests any approval of the Surface Development be conditioned upon KPK's reasonable use of the surface. Any approval of the Surface Development should be conditioned upon an executed Surface Use Agreement (SUA) between KPK and Larry and Margaret DeHaan (Developer). As of the date of this letter, KPK has not formalized an SUA with the Developer. In the absence of a SUA, the action of Weld County may impair the real property rights cis / K. P. KAUFFMAN COMPANY, INC. and oil and gas leases rights of KPK. Also, approval of the Surface Development Final Plat by Weld County may constitute regulatory takings of KPK's real property rights. Page 2 October 31, 2005 Objection Letter KPK requests this letter of formal o jection for the Surface Development plat be noted and recorded within Weld County earings and notices. Should you have any questions please contact me at any time. ank you for your attention to this matter. S' c rely, . P KAUFFMAN CO Y, INC. Jaso D. Lilley Vice resident, Land ;JDL/ehb end. cc: Mr. Gordon L. Allott, Jr. Attorney at Law � IVJ C1/ NOTICE Pursuant to the zoning laws of the State of Colorado a15ttthe Weltcamty-Code, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado,Weld County Centennial Center,915 10th Street, First Floor,Greeley,Colorado 80631, at the time specified. If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing,please contact the Clerk to the Board's Office at (970) 336-7215, Extension 4226, prior to the day of the hearing. The complete case file may be examined in the office of the Clerk to the Board of County Commissioners,Weld County Centennial Center,915 10th Street,Third Floor,Greeley,Colorado 80631. E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to charding@co.weld.co.us. DOCKET#: 2005-82 DATE: November 16, 2005 TIME: 10:00 a.m. � PPLICANT: -Larry and Margaret DeHaan do AGPROfessionals, LLC 4350 Highway 66, Suite 4 Longmont, Colorado 80504 REQUEST: A Site Specific Development Plan and Amended Use by Special Review Permit#1231 fora Livestock Confinement Operation(dairy)and Animal Feeding Operation in the A(Agricultural) Zone District LEGAL DESCRIPTION: E1/2SW1/4 and W 1/2SE1/4 of Section 27,Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado LOCATION: North of and adjacent to Weld County Road 16, and 1/4 mile east of Weld County Road 19 (See Leyal Description for precise location.) BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: October 28, 2005 PUBLISHED: November 2, 2005, in the Fort Lupton Press Hello