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HomeMy WebLinkAbout20201401.tiffINVENTORY OF ITEMS FOR CONSIDERATION Applicant: Sandra Miranda, Scott E. Gillis, Jill Marie & Milton Esteban Vega Case Number: CO720-0001 Submitted or Prepared Prior to Hearing At Hearing 1 HOSE MINERALS LLC LETTER OF OPPOSITION WELBrRN SULLIVAN MECK & TOOLED', P.C. April 23, 2020 Weld County Planning Commission Weld County Administration Building P'0 Box 758 1150 0 Street Greeley, CO 80631 Weld County Planning and Building Department 155 N. 17th Ave Greeley, CO 80631 Re: Objection of Mineral Owner Hobe Minerals, LLC to Applications ons of Sandra Miranda, Scott E. Gillis, Jill Marie Vega and i I ton Esteban Vega for khan +� � of Zoning, Re -Subdivision and Site Plan, for proposed stora- e facility in the NE/4 ofSection= 1 -Township 2 North -Range 63 West of e P.M., Weld County Colorado, 35929 I-76 Frontage Road, Roggen, CO 80652 Dear Planning Commission: We represent Hobe Minerals LL ("1 -lobe") who owns the fee minerals in the NE/4 of Section 1-T2N-R63W N -R63 and the appurtenant right to make reasonable onable use of the surface to develop oil and gas. Hobe desires to reach an agreement with Applicants for the mineral andcompatible development of the surface estate but to date Hobe and the Applicants icants have not The Applicants' i+cants' proposed pp reached an agreement. p surface development, coupled with increased setbacks for ` � ! 1 s which the r�o os �d development ell and. gas proposed may cause, may impact two of the available windows for the Greater Wattenberg established berg Area e.stabi ished by Colorado Oil and Gas Conservation Co��n�ission's. Rule 318k 8the 800' 800' drilling the i I i � g window in center of the NE/4 and the 400' x 400' drilling window in the center of the NENE,Section Applicants' � +on 1 �T.-�.�' Insofar as the Aproposed project ect would impinge on these drilling windows, directional drilling of it would require the wells from other locations to access bottom -hole locations established drilling windows at in these two significantly increased costs. In addition, the ro development may adversely impact �o proposed p' b 's ingress and egress s rights across the property potential well site locations to develop such n�ineralsp p to reach . (00791856,1 } P25 17th Street, Suite 2200 ' Denver, Co 80202 159 N. Wolcott, Suite 22O • Casper, WY 82601 303,8 30.7500 307234.6907 wsmtlaw.com April 21, 2020 Page While Hobe recognizes the proposed surface development"qualifying is not a surface development" under C.R.S. 45. -102 (5.7(defined to bea surface devcloprnentof at least 160 acres) under which the County would be required under C.R.S. 24-653-I 03.3(1)0)011) to condition approval on the applicant's certification that it has. . �h deposited incremental drilling costs described in C.R.S. 24-65-5-103.7 ($87,500 per well, adjusted ,. � by the y �� index) in all escrow account with an approved commercial financial institution to defray the • E additional costs of having to directionally drill wells to a bottom hole location within the established .. stabllsl�ed GWA drilling windows, the proposed development may cause l -lobe the same harm the •designed is to protect against. Hobe has contacted the Applicants' consultant. Western Engineering >�>�C end Consultants, Inc Applicants' attorney and desires to reach an agreement with the Applicants, but to date Applicants have not extended any offer of accommodation as to road access, waiver of and setbacks more than 200 feet from the proposed development _ (such as the new 1,000 foot setback from Building Units) or any other accommodation. Hobe therefore objects to the applications and requests that any approval be conditioned on the Applicants l i cants reaching at least making p� ��n an agreement with lobe or a good faith effort to do so. Hobe requests that this letter be included as part of the field County Planning -. record for the hearing before the Commission and that it also be included aspart of subsequent hearing before Board • the record for any the of County Commissioners. Sincerely, frei r Brian S. looley cc: Maxwell Nader, (via email -- rnnader@weldov.com ) Planner I, Weld County Planning and Building Department 1 555 1 7rh Ave Greeley, CO 80631 Sandra Miranda, Applicant (via email — titleliconsin curr' � reryahoo.00rri.) Chad in F. Cox, (via email shad in.cox@western ` e+ci.eorn.) Senior Project Manager and Consultant for Applicant Western Engineering Consultants, Inc. Hello