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Home My WebLink About20091411.tiff1625 Broadway Suite 2200 Denver, Colorado 80202 Tel. 303.228.4000 •ax 303.228.4280 • • n3 noble energy June I. 2009 Weld County Planning Services 918 lOll Street Greeley, CO 80631 Attn: Kim Ogle Re: Aggregate Mining Operations 2" AmUSR-897 Township 6 North Range 66 West, 6th P.M. Portions of Section: 29, 32, 33 Weld County, CO Ladies and Gentlemen: Weld County Planning Department GREELEY OFFICE JUN 0?MN RECEIVED Under a Development Application Referral received May 26, 2009, Weld County on behalf of Aggregate Industries WCR. Inc ("Aggregate") contacted Noble Energy, Inc. ("NE1") regarding hearings to be held June 2, 2009 at the Weld County Planning Commission and June 17°i at the Board of County Commissioners for matters related to mining operations on the captioned lands ("Property"). NEI operates oil and gas leases and several oil and gas wells (the "Wells') and associated pipelines and facilities located on the Property. NEI is very concerned about the impact the proposed development will have on its ability to continue to develop. produce. operate and maintain the Wells, pipelines and access roads on the Property-. NEI has discussed entering into a Surface Use Agreement with Aggregate on portions of the Property. but to date, no agreement has been finalized and NEI has received no written confirmation from the Applicant that NEI's real property rights to use a reasonable portion of the surface for oil and gas operations and development are being preserved. NEI requests assurance from Weld County that the proposed development will not preclude NEI from developing. producing, operating, drilling and maintaining its Wells, related pipelines and access roads. Until this matter is resolved by agreement with the Applicants, NEI is not waiving its rights as a leasehold owner. Any approval of the proposed development should he conditioned upon the preservation of NEI's real property rights that allow it to make reasonable use of the surface of the lands for oil and gas development and operations. The proposed development must take into account and provide adequate setbacks from NEI's current well sites, production facilities and pipelines as well as continuous access to these assets. NEI requests that these comments be entered into the record for the proposed development and that we continue to be provided with advance notice of all other hearings affecting the Property. If you have any questions, please feel free to contact the undersigned at (303) 228-4020. Sincerely, NOB ERGY, INC. rrA'' Myhr Spe gal Projects Coordinator CC: Aggregate Industries - WCR, Inc.. Attn. Connie N. Davis, P.U. box 337211 Greeley. CO 80633 David Padgett 2009-1411 EXHIBIT 1 Q • a IIIlk COLORADO • TO: DATE: FROM: SUBJECT: MEMORANDUM Board of County Commissioners June 17, 2009 Kim Ogle, Planning Services Request for a Continuance until July 15, 2009 Aggregate Industries, Case # 2nd AmUSR-897 Michael Refer and Connie Davis, Applicants The Department of Planning Services received notification from Aggregate Industries on June 17, 2009 requesting a continuance until July 15, 2009 such that issues may be addressed as outlined in their letter. The Department of Planning Services and Public Works are in support of this request. 'jt6 - ItI I S June Iil q IPL ton-Einire, /ht bL5g- i7-elrlr. `ef A r� af. nec kAl-es I,f/ciL, T L 2nd A%LK-8�1 4fa i *dal 4o July 151d -6M' 1 ate, eve toorkins blt-0/045 Cd-nya- rad mouyittnana, etiid i ✓o fL arfregt; 14Ar wklh PlobLt ntrgiI a Su, fact (,ta-i, �er,en�fd Gvo✓art turf h Lehtvieelors address 4/4i -e+^ COICtrn5. 5 'witty, 50wa eniarexPtciii ► Pat/ refs/ LL(, 6theto— /_eC;LA:,rr7S. 1ti:^cas 1L • • • Francisco & Tristi Ramos 13640 County Road 64 Greeley, CO 80631 June 17, 2009 Board of County Commissioners Weld County Docket #2009-34, PL0687 We submit the following and ask that it be added to the record. As homeowner residents adjacent to the Aggregate Industries mining operations along County Road 64, We would like to express our concerns regarding their proposal for mining expansion as it relates to seemingly "unfinished work" and detrimental land effects from the previous mining operation that took place. We ask that that Board consider these concerns and require Aggregate Industries to provide explicit, specific, and documented plans and/or intentions to address these issues before approving their proposal to expand mining operations. Our concerns are stated below: 1. Reclamation Plan: While we have heard on several occasions from several sources, including Aggregate Industries, that the mining operation adjacent to our property includes a reclamation plan, we would like to request a more detailed timeline as to when this will occur and be completed. Based on the meeting minutes from the planning commission hearing on 6/2, some of the reclamation activities have been delayed due to current economic conditions (specifically reduced demand for their product). We find it disconcerting that Aggregate Industries can identify sufficient capital and resources to develop and propose expansion plans and hire a Landscape Consultant to "address" homeowners concerns --- but not have the capital or resources to continue the reclamation plan. It is even more disconcerting that the mounds of dirt that are both an eyesore and dust producer were just recently planted with grass just in time for these hearings (after three years of no action). 2. Dead and Dying Vegetation: Exhibit #1 is a picture of numerous large dead trees that border our property line on the southwest. The death of these trees is due to the reduction in water levels since the mining operation began. While the majority of these trees are not technically on our property, they are an eyesore and danger to us and our young children as branches and whole trees often fall over into our property. Our plans to build a fence around our property are also affected, as you can see from Exhibit #2 (the old fence has numerous trees that have fallen on it). Please note that we did ask representatives from Aggregate Industries about these trees, to which they responded that they would "probably be cut down at some point". We ask the Board to add as a condition of approval that these trees be removed before the end of this summer. In addition, as you can see in Exhibit #3, there is a plumb thicket that is 80%+ dead, also due to the reduced water levels. This thicket straddles our three different properties: ours, Ray and Sally Sears, June 17, 2009 Page 2 • • • and Aggregate Industries. It is much more of an eyesore due to its close proximity to our home. We ask as a condition of approval, that Aggregate Industries be required to remove and replace this thicket with vegetation agreed upon by the three property owners within an agreed upon timeline. 3. Pond: Our property includes a pond that Aggregate Industries created 2-3 years ago. This pond is currently filled through the use of a diesel pump that drains water from the mining site. We understand that at some point in time, this pump will be removed. That said, we would like to ask the Board as a condition of approval that Aggregate Industries provide a plan that ensures that this pond will be kept filled through other means. As an alternative, if it is not feasible to keep the pond filled without the use of a mechanical pump, we ask that as a condition of approval, Aggregate Industries fill the pond with dirt once it dries out. Overall, while we have some faith that these concerns will be addressed by Aggregate Industries, we would like them to provide specific timelines as to when these concerns will be addressed. Frankly, we question Aggregate Industries' motivation to proactively address our concerns (as well as those of our neighbors), as previous experience has proven that they are only reactionary once the concerns are escalated. It should be noted that several members of the Planning Commission expressed similar concerns over Aggregate Industries lack of action regarding these matters during the proposal hearing on June 2. These concerns are quoted below from the meeting minutes: Commissioner Grand expressed that the surrounding property owners have an expectation on the original USR and from their perspective that hasn't been fulfilled He feels that a sincere effort by Aggregate would he appropriate to address their concerns. Commissioner Ochsner commented that he has some of the same concerns as well. He isn't sure if Aggregate has fulfilled all the requirements in the original USR and then now they are asking for expanding their operation and are now willing to negotiate. He doesn't like business that way and wishes some of their promises would have been followed through with. Commissioner Lawley agreed with the previous comments. He added that he believes that there is a provision for the landowners under the original USR to go back and address their concerns by filing a complaint with the County or the State. Sincerely, CLvA0 (5 Francisco & Tristi Ramos 51 i 1(.c_ ,l 5 //NO/ • • • December 29, 2008 Colorado Mined Land Reclamation Board Division of Reclamation Mining & Safety 1313 Sherman Street, Suite 215 Denver, CO 80203 Weld County Board of County Commissioners Clerk to the Board 918 10th Street Greeley, CO 80631 REFI‘/ED DEC 301008 I Division of rcecramation, 1—v Mining and Safety Re: Riverview Resources Mining Operation at or near Sections 29, 32 and 33, Township 6 North, Range 66 West of the 6th P.M., Weld County, Colorado Permit No. M-1999-098 99-098 and Weld County Use by Special Review Permit 2n° ArnUSR-897 Gentlemen: I am an owner of the property located at 13451WeId County Road 64, Greeley, Colorado 80631. My home and my farm buildings are located on approximately three (3) acres and abut a proposed mining operation. This property has been my home for numerous years and during that time, I have observed the mining operations to the South of Weld County Road 64, across from my property. This proposed permit, if approved, will almost surround my property and will create substantial increase in traffic, noise and dust and will extremely close to my home and outbuildings. One of my outbuildings is within 20 feet of my property line and my home and the outbuildings will be greatly impacted by the mining operations. I am opposed to the application as it exists because of the tremendous impact it will have on my home and outbuildings. I would request that you limit the mining operations to provide that no mining operations will occur within 200 feet of my property line. I believe this will greatly enhance the protection of my welfare and safety and will provide a -little buffer from the noise and dust that will be generated by the mining operations, as well as provide some relief to the negative impact on the value �? of my property. This setback will be of little impact or effect to the overall mining operations. As an alternative, I would be open to selling my property at a fair price. Please accept this as my objection to the application and request that the application is modified to protect and provide for my health, safety and welfare as a property owner. Sincerely, Corabelle Goetzel (61 %well Bros., LLC Tree and Landscaping Services 2121 1st Ave., Greeley, CO 80631-7221 970-395-9830 NAME/ADDRESS C l (cue I tc-1 1 L(5 ) Luc L9/ -I 35 D- Lc3L I Estimate DATE ESTIMATE NO. !//5/6 2610 RESPECTFULLY SUBMITTED, BY 561 -ID CMSfr NI :ti 7 -1/, -rd's PROJECT QTY DESCRIPTION TOTAL L c r— 1 / )57--- -4,--,_ ✓Le--.. _,J- s J 7S- / sv---^-// /c_l,-- s/if/ d-,,., 4/_ 2 Al -5c -i" nee, D G tv\-- / S / (� i 5(e -c- C 4 i u---,- •] �� / I L.€ -.5d )� lar,'; ,'; V w- Li," Payment Terms: Upon Completion ❑ Other (date )* Payment Method: Cash/Check ❑ Credit Card ❑ Amex ❑ Discover / Novus ❑ MC ■ Visa Card# — — ——— — — — — — — — Expiration Date — / *Interest is assessed at 2% per month (24% per annum) all accounts over 30 days old. Total 5 S(7. ,on -,( - ork Order ^ontract Newell Bros., LLC to perform the work described ler the terms listed. 3 �% (ureJF Date 7//5l/y Newell Bros., LLC Tree and Landscaping Services • 2121 1st Ave., Greeley, CO 80631-7221 970-395-9830 BILL TO: Goetzel, Corbel 13451 WCR 64 Greeley, CO 80631-34 352-6504 QUANTITY DESCRIPTION • • PU'Ll 8/6/2004 4661 To Pay by Credit Card. L7 Amex Ci Discover/Novus ❑ MC 7 VISA Card #: Expiration date Signature date P.O. NUMBER TERMS PROJECT Trees Complete trim & Shape or Removed as per original estimate Additional debris pile removed from behind house RATE AMOUNT 1,725.00 1,725.00 75.00 75.00 Wrest is assessed at 2% per month (24% per annum) TOTAL all accounts over 30 days old. $1,800.00 II%UYNUII ®1113. LIU I f 66 6 LaIIUaltompti 1U ow tabu 2121 1st Avenue Greeley, CO 80631-7221 (970) 3,IiI-9830 0)70) :Ittei-76O3 NAME/ADDRESS Goetze!, Corbel 13451 WCR 64 Greeley, CO 80631-34 352-6504 Estimate DATE ESTIMATE NO. 8/30/2006 2709 Li,J1,-- q/t8 /U CITY DESCRIPTION Total 3 L G 0 -0 -Le, Wa,i "4- 4- it-h---1,Od ---i Cy-Ai��c,,j & ry 4 rZ,,,.n.i R -e—. l -1 , !17Od / 2_00 er Oe /1/611 va) a 2 ° G r' 75 0 0 2„,_)_ cr., C dam"` s1 e 4- r1- co-"- • Total $0.00 0 ri o 1 -I-Ci) 73 L. cm -ict off) o) 2ND AmUSR-897 LU 0 • al 11.1 CC LIJ WELD COUNTY BOARD OF COUNTY COMMISSIONERS C3) 0 0 CNI LOin ›N ..„) c - w co o c n p 2 _i_a c 2 1— ® c • • • 4_, • ' . c c E E k3 or) c c -±, m cn . L. x D CD 0 • • CD - > Cf) • C-6 = 0 • 0) c13 a_ • • L. • Address Concerns • • al 0 • L. u) u)) 0 In' mEl 2? L.. 0 0 • ......""...". _ •••••••••..t . :7,.............,...............;.4. .•.•••••••••••••• ..,...."..".".• 4,,,,..................w,w, %lb ........c.....w."._... �I 60 • • • • • • • • • • • • • I t\ilb\44\\ i • ES • JP- • aryl • • • ©� • twee - • C • air 0 arr, 14 3 re I 0 • It I 41144. 4. 61 41 a J J 'Es 4 co co 2 73 (3) 0 0 0 a si 0 CO -E CO • CO o • o ru (3) co -(7) > x • , • / • < :F., nu; V) • ' c -4c• ® a) (1) • • a) < 2 .175x 8 resource co • • • CO 0 • • 1 • icy) a_ • • I . (/) 1 • (3) Ern • . c .wx 17) CO CO • 0 mac is a) • CO *-• U) a3 • , W n CO 0 CI • ran • ' • • / ' D (1) C5 co • 0 • C "Aril . — L' 0 • My name is Ruth Goetzel. I'm the personal representative for my mother's estate. Her home is located at 13451 Weld County Road 64, Greeley, adjacent to the proposed gravel- mining site. My mother died in January of this year. Prior to her death, she wrote a letter opposing this gravel -mining operation. You have a copy of her letter. My grandparents began their married life at the turn of the 20`1' century at this location. I spent a lot of time at my grandparents' farm as a child. My memories are of a tranquil rural environment. In recent years, that tranquility has been replaced by noise and dust produced by the Aggregate Industries operation across the road from our property. The tall trees surrounding the property, which provided welcome shade in the summer, began dying when Aggregate started their operation. My mother spent thousands of dollars removing these trees, and had to get an air conditioner for her house. As you can see there are more trees that are dead. Aggregate Industries signed a document, which says that they will pay for damage caused by their mining, but when I mentioned the trees to them, their representative said that the trees were old and died a natural death. Now they are proposing to add insult to injury by nearly surrounding our property with another gravel operation, which is scheduled to continue for fourteen years or more. It saddens me to know that my mother's last days were spent dealing with this assault on all that my parents and grandparents worked for. EXHIBIT 1091 • • • Jennifer VanEgdom From: Sent: To: Subject: Bruce Barker Thursday, July 16, 2009 3:58 PM Jennifer VanEgdom 2nd AmUSR-897 Changes to reso for 2nd AmUSR-897: 1. The plat shall be amended to delineate the following: E. County Road 27 (83rd Avenue, Two Rivers Parkway) is designated on the Weld County Road Classification Plan as a Strategic roadway, which requires140 feet of right-of-way at full buildout. There is presently 60 feet of right-of-way. An additional 40 feet shall be delineated on the plat as future dedicated County Road 27 right-of-way. All setbacks shall be measured from the edge of future right-of- way. The applicant shall verify the existing right-of-way and the documents creating the right-of-way. If the existing right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. F. County Road 64 is designated on the Weld County Road Classification Plan as a Major Arterial road, which requires 140 feet of right-of-way at full buildout. There is presently 60 feet of right-of-way. An additional 40 feet shall be delineated on the plat as future dcdi cited County Road 64 right-of-way. All setbacks shall be measured from the edge of future right-of-way. The applicant shall verify the existing right-of-way and the documents creating the right-of- way. If the existing right-of-way cannot be verified, it shall be dedicated. This road is maintained by Weld County. G. County Road 29 (71st Avenue) is designated on the Weld County Road Classification Plan as a Major Arterial road, which requires 140 feet of right-of- way at full buildout. There is presently 60 feet of right-of-way. An additional 40 feet shall be delineated on the plat as future .k.lzt..rt-&J County Road 29 right- of-way. All setbacks shall be measured from the edge of future right-of-way. The applicant shall verify the existing right of way and the documents creating the right-of-way. If the existing right of way cannot be verified, it shall be dedicated. This road is maintained by Weld County. I. All existing and delineated future rights -of -way for County Roads 27, 64, and 29 shall be noted and placed on the plat drawing as future dedicated right f way. EXHIBIT 1 2*+AmUsR *S9y WPM :MOW naoumg GREELEY OFFICE kJ 3 0 2009 • • • COLORADO IV E© MEMORAND M� TO: Kim Ogle, Planning Services DATE: June 30, 2009 FROM: Clay Kimmi, P.E., C.F.M, Public Works SUBJECT: AmUSR-897 Riverview Resource Public Works has received the Referral packet for this review on June 5, 2009. Comments made during this phase of the review process may not be all-inclusive, as other concerns or issues may arise during the remaining application process. Comments Drainage Report: A Preliminary Drainage Report was received from Tetra Tech dated February 2009 and stamped, dated and signed by Cameron Fowlkes, a licensed Engineer within the State of Colorado, stamp number 39318. Please submit a Final Drainage Report that is stamped, signed, and dated by a professional engineer licensed to practice in the State of Colorado. As requested in the December 29, 2008 memo, please describe in the text if the O Street roadside ditch on either side carrying storm water be blocked by the proposed 12' wide x 10' high conveyor culvert installed under O Street. As requested in the previous redline comments from the December 29, 2008 memo, please show the discharge points the offsite basins on the maps. As requested in the previous redline comments from the December 29, 2008 memo, please describe in the text and show on the maps where stormwater goes after it leaves the 83r' Ave and O St intersection. As requested in the previous redline comments from the December 29, 2008 memo, please describe in the text and show on the maps how the roadside ditches drain. Original & Email PC: CC: Kim Ogle, Planning Services AmUSR-897 Riverview Resource Aggregate Industries, Applicant Tetra Tech — 1900 South Sunset Street, Suite I -F; Longmont, CO 80501 Page I of 1 June 30.2009 M VPLANNING- DEVEI OPMEN I lSR-tse by Special ReviewVAml !SR -897 - Aggregate Industries - Riverview PitAAg Industries Riverview Resourceh-30-09 Cornmentsdoc Weld County Planning Department GREELEY OFFICE MEMORANDUM , TO: Kim Ogle, Planning Services DA LE: July 15, 2009 W FROM: Clay Kimmi, P.F., C.F.M, Public Works p� �� SUBJECT: AmUSR-897 Riverview Resource COLORADO Public Works has received the Referral packet for this review on July 15, 2009. Comments made during this phase of the review process may not be all-inclusive, as other concerns or issues may arise during the remaining application process. Comments Drainage Report: A Final Drainage Report was received from Tetra Tech dated July 2009 and stamped, dated and signed by Steve Jenkins, a licensed Engineer within the State of Colorado, stamp number 25736. The applicant has addressed the comments provided in the June 30, 2009. The Final Drainage Report appears to be acceptable to Public Works. Original & Email: Kim Ogle, Planning Services PC: AmUSR-897 Riverview Resource CC: Aggregate Industries, Applicant Tetra Tech — 1900 South Sunset Street, Suite I -F; Longmont, CO 80501 EXHIBIT L - Page I of I July 15-2009 NL.PL1NNING— DEVELOPMENT REV IIAVA SRR-I Ise by Special ReviewAAmtSR-897-Aggregate Industries - Riverview PiliAg Industries Riverview Resource 7-15-09 Drainage Comments doc Hello