HomeMy WebLinkAbout20091410.tifft
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
Weld County Planning Department
GREELEY OFFICE
KC 3 0 7nnR
RECEIVED
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 and Weld County Use by Special Review Permit 2n° AmUSR-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, pp4 Q/
Corabelle Goetzel
EXHIBIT
2009-1410
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December 30, 2008
Weld County — Department of Planning Services
918 — 10th Street
Greeley, Colorado 80631
Attention: Kim Ogle
Weld County Planning Department
GREELEY OFFICE
DEC 317nnR
RECEIVED
Subject: Public Notice of Application to Amend a Regular (112) Construction
Materials Operation Reclamation Permit
Proposed Mine is Riverview Resource. Location Near Sections 29, 32, &
33, Township 6N, Range 66W, 6'h Prime Meridian
Gentlemen:
I am writing in reference to the above Application to Amend Permit. As a homeowner,
located at 30878 Rocky Road, in an area immediately adjacent to the proposed new
mining site, I want to express my objections to the proposed permit amendment in the
strongest terms possible. My specific objections are listed below:
1. I want to know if a formal Environmental Impact Study has been in regards to this
proposal. If an EIS has been conducted, I'd like to know how to gain access to it. If
such a study has not been conducted I would like to know why not.
2. Prior to purchasing my property 5 years ago, I researched the zoning for the area
adjacent to my property and found that it was zoned as Agricultural. I would not have
made the purchase had I been able to determine that there would be a Sand Mine
permitted next to the property.
3. This project will not only negatively impact the value of my property and
that of my neighbors, but it will also adversely affect the quality of the environment
along the Poudre River. Since the State of Colorado and Weld County have invested
substantially in establishing and maintaining the Poudre River trail, so that visitors
and local residents can enjoy the natural scenery and wildlife habitat, it seems
totally counter -productive to detract from that investment by allowing a Sand Mining
operation to start up just across the river from the trail. The area along "O" Street has
already been significantly blighted by other mining operations, and this new addition
will detract even further from the area.
EXHIBIT
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4. I have enclosed a Google Earth view of the vicinity in question, which clearly shows
how much of the area has already been blighted and devastated by current mining
operations. Please note that the most recent Google Earth image available is dated
June of 2006. Since that time the existing excavation operations have been
substantially expanded, to within a few yards of several residences. See enclosed
photos of the affected properties.
5. I suspect that my above stated concerns will probably have little impact in this matter,
compared to the out-of-state, multi -million enterprise that is set to exploit this area for
its own economic benefit; but perhaps I am mistaken. (Aggregate Industries owners
CAMAS Colorado Inc DBA is located in Greenbelt, MD.) Perhaps, the decision
makers in the Division of Reclamation, Mining and Safety will seriously consider the
legitimate concerns that this sand mining operation will create for the local,
hard working, tax paying, Colorado residents, rather than the financial,
environmentally exploitative interests of an out of state conglomerate.
My contact information is provided below if you wish to reach me on this matter.
Sincerely,
lfcr(-lS d
Charles A. Cannon
303878 Rocky Road
Greeley, CO 80631
Phone: 970-351-6520
Cell: 303-519-6183
CC: Division of Reclamation, Mining & Safety
1313 Sherman Street, Room 215
Denver, Colorado 80203
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PUBLIC NOTICE
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Aggregate Industries ; 1707 Cole Blvd #100, Golden, CO 80401, 303.716.5312, has filed an
application to amend a Regular (112) Construction Materials Operation Reclamation Permit
with the Colorado Mined Land Reclamation Board under provisions of the Colorado Land
Reclamation Act for the Extraction of Construction Materials. The proposed mine is known as
Riverview Resource , and is located at or near Sections 29, 32 & 33, Township 6N, Range
66W, 6th Prime Meridian.
The proposed date of commencement is January 2010, and the proposed date of completion is
2024. The proposed future use of the land is Wildlife Habitat. Additional information and
tentative decision date may be obtained from the Division of Reclamation, Mining, and
Safety, 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866-3567, or at the
Weld Clerk to the Board's office; 918 10`x' St., Greeley, CO, or the above -named applicant.
Comments must be in writing and must be received by the Division of Reclamation, Mining,
and Safety by 4:00 p.m. on January 2, 2009.
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VICINITY $ EXISTING VERSUS AMENDED PERMIT AREA MAP
AMENDED PERMIT AREA
EXISTING PERMIT AREA
AGRICULTURAL/IRRIGATED CROPLAND
ACTIVE MINING AREA
Weld County Planning Department
GREELEY OFFICE
MAY 217nnq
May 20, 2009
RECEIVED
Mr. Kim Ogle
Weld County Department of Planning Services
918 10th Street
Greeley, CO 80631
Re: 2nd AmUSR-897 — Riverview Resource Amendment Application
Oil and Gas Mineral Interests
Dear Kim:
AGGREGATE
INDUSTRIES
Enclosed are copies of the List of Mineral Owners and Mineral Lessees for each of the
parcels associated with 2"d AmUSR-897 — Riverview Resource Amendment Application.
These lists were updated from our original submittal as of April 23, 2009. Also enclosed
are copies of the Notice of Public Hearing, dated April 29, 2009, and certified mail
receipts for each mineral interest owner and lessee named in the Lists.
With regard to the status of Surface Use Agreements relative to the mineral interests:
Relative to NW '/4 N ''A, Sec. 33, T6N, R66W of the amendment properties, Aggregate
Industries and Orr Energy LLC entered into a Surface Use Agreement dated February 18,
2008. Enclosed is a Memorandum of that agreement, dated October 27, 2008.
Relative to E %3 SW ''A, Sec. 29, T6N, R66W of the amendment properties, Aggregate
Industries entered into a Surface Use Agreement with Noble Energy, Inc. dated
November 20, 2007 and made payment to Noble for a directional drill in accordance with
a separate letter agreement of even date. To date Aggregate Industries has not received
back from Noble a fully executed copy of the agreement nor a copy of a memorandum
that Noble was to have filed in Weld County records in accordance with the agreement.
Enclosed is a copy of the Surface Use Agreement as signed by Aggregate Industries.
Relative to W '/Y SW ''A, Sec. 29, T6N of the amendment properties, Aggregate Industries
provided information to Noble regarding additional matters relative to the mutual
interests of Noble and Aggregate. A copy of Aggregate's September 26, 2008 letter to
Noble was submitted to the County with the USR amendment application documents.
Aggregate met with representatives of Noble on October 22, 2008, and on April 20, 2009,
sent a letter to Noble together with electronic copies of Division of Reclamation, Mining
Aggregate Industries
West Central Region, Inc.
1707 Cole Blvd., Suite 100
Golden, CO 80401
EXHIBIT
I (4,c.
Telephone:303-985-1070
An Equal Opportunity Employer
S
AGGREGATE
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Mr. Kim Ogle, Weld County Department of Planning Services
May 20, 2009
Page Two
INDUSTRIES
and Safety(DRMS) mining and reclamation plans as approved by that agency and copies
of the USR extraction and landscape plans as updated with the approved DRMS
revisions. A copy of the April 20 letter is enclosed and documents the ongoing efforts to
work with Noble towards agreement to address our mutual interests in the amendment
properties as of that date. The April 20 letter also noted the anticipated Planning
Commission hearing date of June 2, 2009 and was in addition to the notice of public
hearing mailed to all mineral interest owners and lessees on April 29, 2009. Aggregate
and Noble continue to work towards agreement to address mutual interests.
Please let me know if you have any questions or need any additional information relative
to the mineral interests associated with Aggregate Industries' Riverview Resource
amendment application.
Very truly yours,
Ski fi. laae04
Connie N. Davis
Land Resources
Enclosures
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MEMORANDUM OF AGREEMENT
This Memorandum of Agreement is made and entered into this 2-1 day of
COT fit , 2008, by and between Orr Energy LLC ("On"), whose address is 1813 61st
Avenue, Suite 200, Greeley, CO 80634, and Aggregate Industries-WCR, Inc. (Aggregate),
whose address is 1707 Cole Boulevard, Suite 100, Golden, CO 80401 to memorialize a Surface
Use Agreement executed February I8, 2008 between Orr and Aggregate (the "Agreement). The
following are the essential terms of the Agreement.
Aggregate is the owner of the surface estate of Lot B of Recorded Exemption No. 0805-
322-1-RE1539, Weld County, Colorado, and has a contractual interest in the surface estate of
land located in the NW/4 NW/4, Section 33, Township 6 North, Range 66 West of the 6th P.M.,
Weld County, Colorado ("Lands"). Orr is the owner of the mineral leasehold estate of said
Lands.
The Agreement provides for the coexistence and joint development of the surface estate
by Aggregate and the oil and gas estate by Orr on the Lands, including size and location of oil
and gas facilities and operations and surface damage compensation connected with drilling
construction, completion, recompletion, reworking, reentry, production, maintenance and
operations of wells and associated pipelines, tank batteries and other facilities or piopctty of Orr
associated with the wells.
In the event Aggregate does not consummate the purchase of the NW/4 NW/4 Section
33, Township 6 North Range 66 West as slated above, the Agreement with I apc..t to said NW/4
NW/4 Section 33, Township 6 North Range 66 West shall be null and void
This Memorandum of Agreement is executed by Orr and Aggregate and placed of record
in Weld County, Colorado for the purpose of placing all persons on notice of the exigence of the
Surface Use Agreement A true and complete copy of the Agreement is available to any person
with an interest in the above -described Lands from the parties to the Agreement at the addresses
set forth above.
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of
Agreement effective the date and year first written above.
ORR ENERGY LLC AGGREGATE INDUSTRIES-WCR, INC.
BY% kti
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Michael C_ Ref- ice ' ident Admin.
Page 1 of 2
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Memorandum of Agreement
Orr/Aggregate Industries-WCR, Inc.
STATE OF COLORADO
County of Weld
ACKNOWLEDGEMENT
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The foregoing instrument was acknowledged before me this a 1 day of
OCt ploq,✓ , 2008, by Ed Orr. Witness my hand and official seal.
(SEAL)
My Commission expires: (o - 30-1 j
STATE OF COLORADO )
) ss-
County of Weld )
Notary"Pu
_gforegoing instrument was acknowledged before me thisday of
Clq/a�, , 2008, by Michael C Refer, Vice President of Aggregate Industries-WCR,
Inc-. Witness my hand and official seal-
(SEAL)
My Commission expires: a '/6 - Q 9
an -24; 97 atea;
Notary Public
Page 2 of 2
SURFACE USE AGREEMENT
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THIS SURFACE USE AGREEMENT ("Agreement"), dated effective this Z-1 day of
November, 2007, is made by and between the undersigned, Richard W. Goetzel and
Mary Ann Goetzel, husband and wife, whose address is 13489 Weld County Road 66,
Greeley, CO 80631, herein called "Owner", and Aggregate Industries-WCR, Inc., whose
address is 1707 Cole Boulevard, Golden, CO 80401, herein called "AI", and Noble
Energy, Inc., 1625 Broadway, Suite 2000, Denver, Colorado 80202, herein called "NEI",
hereinafter collectively referred to as the "parties";
WHEREAS, Owner represents that they are the surface owners and in possession
of an interest in part or all of the surface estate for the following described lands in Weld
County, Colorado, said land herein called "Lands", to wit;
Township 6 North. Range 66 West. 6th P.M.
Section 29: E/2SW/4
WHEREAS, Owners have entered into a contract to sell their surface interest in the
Property to AI , a corporation which extracts commercial mineral deposits for use in the business
of selling such deposits and for use in other businesses owned by AI.
WHEREAS, NEI is the current owner of the oil and gas leasehold estate covering
the "Lands" and proposes to drill on the Lands a well known as Goetzel I 29-14, the
"Well". Owner and AI recognize that NEI has the right to conduct operations on the
Lands pursuant to Oil and Gas Lease(s) covering the Lands and;
WHEREAS The parties desire to enter into an agreement to minimize any surface
damage to the Lands that may be caused by reasons directly resulting from the operations
of NEI on the Well and to reach an agreement regarding such surface damage;
NOW, THEREFORE, in consideration of ten dollars and other valuable
consideration, the sufficiency of which is hereby acknowledged, the parties agree as
follows:
1. Payment to Owner. Prior to commencement of drilling operations on the
Lands, Noble shall pay Owner the following sum as full settlement and satisfaction of all
damages growing out of, incident to, or in connection with the usual and customary
exploration, drilling, completion, deepening, refracing, recompletion, reworking,
equipping and production operations, unless otherwise specifically provided herein:
A. Five Thousand Dollars ($5,000.00), paid directly to Richard W. Goetzel
and Mary Ann Goetzel, for the proposed wellsite located on the Lands in which Owner
owns the entire surface estate, together with any lands used for road purposes, production
facilities, pipelines, flowlines or other necessary facilities in connection with the wellsite.
Page 1 of 4
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B. If, by reasons directly resulting from the operations of NEI, there is
damage to real or personal property upon the Lands which is not associated with usual
and customary operations, including, but not limited to, damage to livestock, structures,
buildings, fences, culverts, cement ditches, irrigation systems, and natural water ways,
such damage will be repaired or replaced by NEI, or NEI will pay reasonable
compensation to Owner for such additional actual damage or an amount equal to the
reasonable costs to repair such actual damages.
C. Owner agrees to notify any surface tenant that may be affected by NEI's
operations on the Lands and Owner may allocate the payments made hereunder with such
surface tenant as they shall mutually determine between themselves and NEI shall have
no liability therefor.
2. Owner shall release NEI of all damages growing out of, incident to, or in
connection with the usual and customary exploration, drilling, completion, deepening,
refracing, recompletion, reworking, equipping and production operations, unless
otherwise specifically provided herein:
3. Directional Drilling and Other Considerations. AI shall tender to NEI, in
the sum (the "Final Payment") set forth in a letter agreement of even date herewith, by
and among NEI and AI. Such letter agreement shall specifically reference this Section 3
of this Agreement and shall not be recorded by any party.
4. Consultation. If requested by Owner, prior to heavy equipment operations
on each wellsite, NEI's representative will meet and consult with Owner (or Owner's
representative) as to the location of the wellsite, access road, flowlines, tank batteries and
other associated production facilities.
5. NEI's Obligations. In conducting operations on the Lands, NEI shall:
A. Locate the wellsite, access road, flowlines, tank batteries and other
associated production facilities as depicted on Exhibit "A" and Exhibit B -Well Location
Certificate, attached hereto and by this reference made a part of this Agreement.
B. Limit the size of the wellsite to approximately 350 feet by 400 feet during
any drilling, completion, recompletion or workover operations and shall be no more than
1/4 acre in size during other periods. Access roads shall be limited to approximately 30
feet in width during drilling, completion, deepening, refracing, recompletion, reworking,
equipping and production operations. The permanent access roads to the wellhead and
tank battery location shall be limited to 20 feet in width.
C. Separate the topsoil at the time of excavation of pits so that the topsoil and
subsurface soil can be placed back in proper order as nearly as possible.
Page 2 of 4
D. Reclaim the wellsite as nearly as practicable to its original condition and if
the location is in pasture, reseed the location with native grasses. Weather permitting,
reclamation operations shall be completed within three months following drilling and
subsequent related operations, unless NEI and Owner mutually agree to postponement
because of crop or other considerations.
E. Use its best efforts to keep the well, Lands, and production facilities free
of weeds and debris.
6. Waiver of Thirty Day Notice. Owner hereby waives the minimum thirty -
day written notice requirement described in the Notice Letter provided by NEI to Owner
when it initially gave notice of its intent to drill on the Lands.
7. Waiver of Certain Requirements. Owner waives all setback requirements
in Colorado Oil and Gas Conservation Commission ("COGCC") Rule 603, or any
successor rule or amendment to the COGCC setback rules, and to any other state or local
setback requirements or other requirements or regulations that are or become inconsistent
with this Agreement or that would prohibit or interfere with the rights of NEI to explore
for and produce the oil and gas in accordance with this Agreement. Owner understands
that NEI may cite the waiver in this Section 7 in order to obtain a location requirement
exception or variance under COGCC rules or from a local jurisdiction. Owner also agrees
that it will not object in any forum to the use by NEI of the surface of the Property
consistent with this Agreement and that it will also provide NEI with whatever support in
writing they may reasonably require to obtain permits from the COGCC or any local
jurisdiction.
8. Successors and Assigns. When NEI is used in this Agreement, it shall
also mean the successors and assigns of NEI, as well as its employees and officers,
agents, affiliates, contractors, subcontractors and/or purchasers. This Agreement shall be
binding upon and inure to the benefit of the heirs, successors and assigns of Owner and
NEI and may be executed in counterparts.
9. Confidentiality. Owner agrees to keep considerations paid hereunder
confidential and shall not disclose such information without the advance written consent
from NEI.
10. Notice. Within fifteen (15) days of the execution of this Agreement,
Noble shall record a memorandum of this Agreement in the real property records of the
County of Weld, Colorado.
11. Governing LawNenue. This Agreement shall be interpreted according to
the laws of the State of Colorado. Venue for any dispute shall be Weld County,
Colorado.
12. Written Modifications/Notices. This Agreement may only be amended in
writing signed by the parties. All notices to the parties shall be in writing addressed to
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the parties at the address first set forth above. The parties contemplate an additional
Surface Use Agreement for any future oil and gas operations on the Lands by NEI, its
successors or assigns, beyond the drilling of the Goetzel 129-14 well.
13. Termination. If NEI fails to commence drilling operations on the Lands one
(1) year from the Effective Date of this Agreement, then this Agreement shall terminate.
Should the Agreement terminate as a result of this provision, NEI shall refund AI Final
Payment as defined in Section 2.
AGREED TO AND ACCEPTED AS OF THE DATE FIRST WRITTEN ABOVE.
Owner:
By:
Richard W. Goetzel
By:
Mary Ann Goetzel
AGGIjEGATE INDU-WCR, INC
Us
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INA s C w4-6
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NOBLE ENERGY, INC.
By:
Attorney -in -Fact
Page 4 of 4
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CERTIFIED MAIL
RETURN RECEIPT NO. 7007 0220 0000 6705 6617
April 20, 2009
Mr. Chuck Snure and
Mr. Barry Myhr
Noble Energy, Inc.
1625 Broadway, Suite 2200
Denver, CO 80202
AGGREGATE
Re: Goetzel I 29-14, E/2 SW/4, Sec. 29, T6N, R66W, 6* P.M., Weld County, CO
Surface Use Agreement and Letter Agreement
and,
Weld County Use by Special Review Permit Application 2" AmUSR-897
Riverview Resource Sand and Gravel Mine
for properties located in:
E/2 SW/4, Sec. 29, T6N, R66W, 6* P.M., and
W/2 SW/4, Sec. 29, T6N, R66W, 6* P.M.,
Weld County, CO
Dear Chuck and Barry:
INDUSTRIES
On October 22, 2008, Mike Refer of Aggregate Industries and I met with you to finalize the
Surface Use Agreement and Letter Agreement for the Goetzel I 29-14 well with Noble's
signature and to discuss with you Aggregate Industries' (AI) permit amendment applications for
incorporation of the Goetzel property and an adjacent property in the W/2 SW/4, Sec. 29, T6N,
R66W, 6* P.M. into AI's existing mine operations. AI obtained approval of its amendment
application from the Colorado Division of Reclamation, Mining and Safety on April 10, 2009 and
is now ready to continue through the Weld County process for amending the Use by Special
Review. It is currently anticipated that this case will go before the Weld County Planning
Commission on June 2, 2008. As part of that process we need to proceed with the matters
relative to our mutual interests in the amendment properties.
I would first like to inquire regarding the status of the Goetzel I 29-14 agreements. In order to
facilitate Noble's drilling schedule for the Goetzel I 29-14 well, Aggregate executed the
agreements and faxed them to Noble in November, 2007, and payment for the directional drill
was made by Aggregate to Noble in accordance with the letter agreement. It was our
understanding that we would receive fully executed copies of the agreements after Noble signed
and also obtained Goetzels' signatures. Some months later I inquired about the status of the
agreements and was advised that Noble needed the originally signed agreements from Aggregate,
not just the scanned copies. In order to help move this along, I met with Goetzels to get their
signatures and we then delivered the agreements to you at our October 22 meeting. Noble was to
execute the agreements and file a memorandum in the county records. To date, Aggregate has
Aggregate Industries
UWst Central Rsglon, Inc.
1707 Cole Blvd., Suite 100
Golden, CO 80401
Telephone:303-985-1070
An Equal Opportunity Employer
As
AGGREGATE
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Mr. Chuck Smut and Mr. Barry Mybr, Noble Energy, Inc.
April 20, 2009
Page Two
INDUSTRIES
not received copies of the fully executed agreements nor have we received a recorded copy of the
memorandum. We would like for this matter to be finalized as soon as possible.
At our October 10 meeting we also discussed the need to develop an agreement that addresses
Noble and AI's interests in the W/2 SW/4, Sec. 29, the surface rights of which are currently
owned by Ed Orr (Orr Property) and to which Noble is the current owner of the oil and gas
leasehold estate. In addition to any future drilling interests Noble may have on the On Property,
we discussed Noble's existing well (Tollgate Farms 29-1266) and associated gas lines and tank
facilities on the On Property. As indicated on the mine plan drawing we reviewed with you, AI
proposes to relocate a flow line or lines between the well head and tank battery.
The extraction and landscape plans we reviewed with you were the initial county submittal plans,
dated 6/26/08. Noble agreed to identify future bottom hole locations on the plans to facilitate
further discussion relative to development of a surface use agreement for the Orr Property but
requested that AI provide an electronic copy of the final submittal maps for this purpose. In order
to assure that we provided you with the most accurate representation of our proposed operations,
we decided to complete the State permitting process and incorporate any changes to the drawings
necessary to address that agency's technical adequacy comments. The CI) enclosed with the
copy of this letter to Barry provides the electronic cad files of the mining and reclamation plans.
These updated plans are what Weld County will review as we continue through their process, and
we would request that you proceed to identify any future bottom hole locations on the drawings
and provide us with copies.
I acknowledge and appreciate that you provided a copy of a draft surface use agreement for our
review. We believe it would be beneficial to review the drawings with Noble's borehole
locations in conjunction with the agreement and will therefore reserve comments until we receive
the drawings.
Thank you for your attention to these matters
Very truly yours,
7c 77.
Connie N. Davis
Land Resources
Enclosures
CERTIFIED MAIL
RETURN RECEIPT NO. 7007 0220 0000 6705 6563
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April 20, 2009
Mr. Chuck Snare and
Mr. Barry Myhr
Noble Energy, Inc.
1625 Broadway, Suite 2200
Denver, CO 80202
AGGREGATE
Re: Goetze1129-14, E/2 SW/4, Sec. 29, T6N, R66W, 66 P.M., Weld County, CO
Surface Use Agreement and Letter Agreement;
and,
Weld County Use by Special Review Permit Application 2n° AmUSR-897
Riverview Resource Sand and Gravel Mine
for properties located in:
E/2 SW/4, Sec. 29, T6N, R66W, 6`s P.M., and
W/2 SW/4, Sec. 29, T6N, R66W, 66 P.M.,
Weld County, CO
INDUSTRIES
Dear Chuck and Barry:
On October 22, 2008, Mike Refer of Aggregate Industries and I met with you to finalize the
Surface Use Agreement and Letter Agreement for the Goetzel 129-14 well with Noble's
signature and to disems with you Aggregate Industries' (AI) permit amendment applications for
incorporation of the Goetzel property and an adjacent property in the W/2 SW/4, Sec. 29, T6N,
R66W, 66 P.M. into M's existing mine operations. Al obtained approval of its amendment
application from the Colorado Division of Reclamation, Mining and Safety on April 10, 2009 and
is now ready to continue through the Weld County process for amending the Use by Special
Review. It is currently anticipated that this case will go before the Weld County Planning
Commission on June 2, 2008. As part of that process we need to proceed with the matters
relative to our mutual interests in the amendment properties.
I would first like to inquire regarding the status of the Goetzel 129-14 agreements. In order to
facilitate Noble's drilling schedule for the Goetzel I 29-14 well, Aggregate executed the
agreements and faxed them to Noble in November, 2007, and payment for the directional drill
was made by Aggregate to Noble in accordance with the letter agreement. It was our
understanding that we would receive fully executed copies of the agreements after Noble signed
and also obtained Goetzels' signatures. Some months later I inquired about the status of the
agreements and was advised that Noble needed the originally signed agreements from Aggregate,
not just the scanned copies. In order to help move this along, I met with Goetzels to get their
signatures and we then delivered the agreements to you at our October 22 meeting. Noble was to
execute the agreements and file a memorandum in the county records. To date, Aggregate has
Aggregate Industries
West Central Region, Inc.
1707 Cole Blvd., Suite 100
Golden, CO 80401
Telephone: 303.985-1070
An Equal Opportunity Employer
As
AGGREGATE
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Mr. Chuck Snore and Mr. Barry Mybr, Noble Energy, Inc.
April 20,2009
Page Two
INDUSTEIES
not received copies of the fully executed agreements nor have we received a recorded copy of the
memorandum. We would like for this matter to be finalized as soon as possible.
At our October 10 meeting we also discussed the need to develop an agreement that addresses
Noble and Al's interests in the W/2 SW/4, Sec. 29, the surface rights of which are currently
owned by Ed Orr (Orr Property) and to which Noble is the current owner of the oil and gas
leasehold estate. In addition to any future drilling interests Noble may have on the Orr Property,
we discussed Noble's existing well (Tollgate Farms 29-12G6) and associated gas lines and tank
facilities on the On Property. As indicated on the mine plan drawing we reviewed with you, Al
proposes to relocate a flow line or lines between the well head and tank battery.
The extraction and landscape plans we reviewed with you were the initial county submittal plans,
dated 6/26/08. Noble agreed to identify future bottom hole locations on the plans to facilitate
further discussion relative to development of a surface use agreement for the On Property but
requested that AI provide an electronic copy of the final submittal maps for this purpose. In order
to assure that we provided you with the most accurate representation of our proposed operations,
we decided to complete the State permitting process and incorporate any changes to the drawings
necessary to address that agency's technical adequacy comments. The CD enclosed with the
copy of this letter to Barry provides the electronic cad files of the mining and reclamation plans.
These updated plans are what Weld County will review as we continue through their process, and
we would request that you proceed to identify any future bottom hole locations on the drawings
and provide us with copies.
I acknowledge and appreciate that you provided a copy of a draft surface use agreement for our
review. We believe it would be beneficial to review the drawings with Noble's borehole
locations in conjunction with the agreement and will therefore reserve comments until we receive
the drawings.
Thank you for your attention to these matters
very truly yours,
fi ear'
Connie N. Davis
Land Resources
Enclosures
LIND, LAWRENCE & OTTENHOFF LLP
Attorneys and Counselors at Law
•
•
GEORGE H. OTTENHOFF
KENNETH F. IJND
KIM R. LAWRENCE
P. ANDREW JONES
JAMES D. FRAMER•
CLINTON P. SWIFT
KELLY J. CUSTER
'Also admitted in Wyoming
+Also admitted in Wisconsin
355 EASTMAN PARK DRNE, SUITE 200
WINDSOR, COLORADO 80550
TELEPHONE: 970-8749888
TELECOPIER: 9704749535
kim®Ilolaw,00m
W W W.LLOL.AW.COM
721 EAST LINCOLN WAY
CHEYENNE, WY 82001
TELEPHONE: 307-835-2480
Mr. Kim Ogle
Weld County Department of Planning Services
91810'" Street
Greeley, Colorado 80631
RE: 2"d AmUSR-987, Aggregate Industries WCR Inc.
Mr. Ogle:
BRADLEY C. GRASMICK
DAVID P. JONES
MEGAN R. PETERSON+
EXHIBIT
C
Bracewell PUD is located immediately west of the property proposed to be mined
and is shown on the plan map on your website as the lots west of CR 27 (83'd
Avenue) and south of CR 64.5. See also the Bracewell PUD Plat attached. I am
submitting this letter on behalf of the Bracewell PUD HOA which owns the common
area in the PUD including Lake Shiloh which is the primary amenity in the PUD.
Lake Shiloh provides a major portion of the property value for the 10 lots in the
PUD and serves as an irrigation supply for outside watering of the lots and common
areas as well as recreation for the lot owners including boating, swimming, fishing,
hunting and wildlife enhancement. The HOA regularly stocks the Lake Shiloh with
fish species.
Lake Shiloh has a water right decree in Case No. 02CW331, Notice of Transfer and
Deed attached. The source of water is groundwater and the water right is 825 acre
feet for "recreation, water skiing, boating and related recreational activities,
hunting, fish and wildlife." Lake Shiloh is not lined. Evaporation losses from the
Lake are augmented pursuant to the terms of the decree by diversion of 9 shares of
Whitney Ditch into the Lake. The 9 shares also provide irrigation for the 10 lots.
The proposal to mine the property immediately east and south of Lake Shiloh by
Aggregate fails to address the impact that dewatering of the mine and water table
will have on Lake Shiloh. Based on the HOA experience of the last 2 years it is clear
that dewatering the proposed area immediately east and south of Lake Shiloh will
also dewater Lake Shiloh illegally taking the water decreed to the Lake in Case No.
02CW331 and also taking all or part of the 9 Whitney shares that are diverted into
the Lake. The Tigges Mine is located immediately west of Lake Shiloh and in 2007
and 2008 the mine was dewatered substantially lowering the water stored in Lake
Shiloh. Hall -Irwin agreed to pump water from the Tigges Mine into Lake Shiloh to
...iii...a{n il•n n/...in..s i..•wnn4 WWI" 1L.n no- a Ana•rna..a+n &Binnnone .lel I.n Inn.a4.••4
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father away the impact would vary only in matter of degree. Aggregate Industries
faced a similar situation with its mine located between Fort Lupton and Brighton on
the west side of Highway 85 and east of the South Platte River. Dewatering of the
mine depleted the water in the water ski lake across Highway 85 to the east of the
mine. Aggregate mitigated the injury to the lake by pumping the water it was
dewatering under Highway 85 to the water ski lake.
Bracewell PUD HOA requests that any approval of the Aggregate proposal be
conditioned on mitigation of damage to the Lake Shiloh water rights and decree
that will result from the proposed dewatering. Specifically Aggregate should be
required to 1) transfer and insure delivery of sufficient Whitney Ditch shares, which
Aggregate owns or leases, to maintain the level of Lake Shiloh at it's high water
line or 2) put in place a pump in the mine and a pipeline under CR 27 along the
south edge of the PUD to pump all water dewatered from the pits into Lake Shiloh
to maintain the level of Lake Shiloh at it's high water line or 3) a combination of
both. If Aggregate is unable or unwilling to so this the application should be denied.
I am not able to attend the hearing 6/2/09 as I am out of the country. I do not plan to
attend the hearing 6/17/09 unless I am requested to do so. I can submit any
additional information that is needed if you will contact me by e-mail.
Sincerely,
LIND, LAW ENCE & OTTENHOFF, LLP
Kim R. wrence
pc: Bracewell HOA w/enc
Legal Solutions for Cofomuto and the West
May 29 09 07:00p Ray Sears
970-392-1802 p.1
TO: Kim Ogle
Weld County Dept. of Planning Servies
FR: Ray and Sally Sears
FAX: 970-304-6498
RE: Case #2"d AmUSR-897
TOTAL PAGES: 3
Please submit our letter for the meeting on June 2, 2009, which we
also plan to attend.
Thank you very much.
EXHIBIT
I (D a
May 29 09 07:00p Ray Sears
970-392-1802
p.2
May 28, 2009
Weld County Dept. of Planning Service
Attn: Kim Ogle
918 loth St.
Greeley, CO 80631
fiAron%
etas
re lteet
Dear Ms. Ogle and the Members of the Planning Commission:
This letter is to register our objection to. Aggregate Industries, WCR, Inc. proposing new
open pit(s) on CR 64.
Our east and south property lines border the existing gravel pits mined by Aggregate
Industries along County Road 64 east of 83rd Avenue. Part of our property is between the
Ramos property to the west, and the Frye property to the east.
In 1999 when Aggregate first petitioned to open their pits, our neighbors mounted a
campaign opposing them. We were not among that group, as we chose to think long-
term to the time when the land would be reclaimed (as was being promised) and lakes
would fill the pits: We were told that each pit would be reclaimed within five years of its
opening, and we chose to support Aggregate's proposal.
Since that time, we have endured the noise and increased dirt, the invasion of our
property, and the use of our driveway with their heavy machinery without our permission
(even though there was a guarantee that they would NOT use our driveway); but the
worst complaint that we wish to register against Aggregate's operation is the near
destruction of our 12 acre woods, our the trees surrounding our home, and the plum
thicket and hedge that shielded our home on the north; all as a result of not only their
dewatering and the rerouting of underground water supplies, and most devastating, the
lowering of our water table, depriving existing trees of their life source.
Not only do we own the brown water rights with this property, our property historically
has been the natural drainage for the Poudre River that used to dissect our property. In
the process of mining, a drainage file that slanted through this entire area feeding our
ponds was disrupted, further cutting off our water supply. Currently, water that used to
drain through our property from the north is being redirected due west and to the south of
our property to the Poudre River, which does not maintain the historic flow of water
through this area. Knowing the long history of battles over the Poudre as a water source
for Greeley, we would like to lodge our complaint at its redirection from our land.
To their credit, Aggregate did lay a small pipe for a supply of water to our ponds, fed off
of the main supply of water being redirected to the Poudre. Yet, our ponds are often
stagnant and depleted; at which lime we used to be able to call Mike McAfee to jump
start a pump at the western boundary of Ramos' property or unplug the new pipe. Now
Mike is no longer available, and we are told that there are insufficient funds to ensure the
.13644 Wert County Lcnd 64..r. C.;cdcy, Cob:udo 60631.w. Phone « tat (970) 341,9000 ,.b. Paxer. ts800-212-12%
May 29 09 07:00p Ray Sears
970-392-1802 p.3
•
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operation of that pump, leaving us with absolutely no resource for our fish -stocked
ponds. Our ponds have been in place since 1992, replacing the Poudre River which was
rerouted around our property, but were still fed by the underground water sources and the
drainage tile. These ponds still drain into the Poudre to the east of and through ponds on
David Frye's property.
In addition to the tremendous loss of 100+ year old trees and other vegetation on all
surrounding properties due to Aggregate's dewatering, impacting the value of our
properties, we are now told that the 20-35' deep pits directly west of our driveway will
not be filled in with water or dirt, and the mountains of dirt shadowing our driveway will
not be removed in any time in the near future due to, again, insufficient funds.
Apparently, there is sufficient capital to invest in the opening of new pits, a much more
lucrative proposal to the owners, but insufficient funds to reclaim and restore the land
involved in old operations.
We recognize that construction slowdowns have significantly impacted the completion of
existing mines. We also recognize the need for Aggregate's future mining operations
when business resumes. But we also feel slighted at the apparent focus on new
development in lieu of the present reclamation that is seriously needed to stem the further
depreciation of our property value. We would like Aggregate to respond to and rectify
our complaints of lost trees, the perpetual dirt mounds, and provide a more permanent
solution to supply water to our ponds.
Having many unresolved issues with Aggregate surrounding our property thus far, and no
solutions forthcoming in the foreseeable fixture, we object in the strongest terms to yet
another series of pits being opened and the elongated dewatering to our land, as well as
the new destruction to the surrounding property owners.
Please protect our property values and investments by opposing ongoing and new issues
to our neighborhood. While we realize that businesses represent more money than we
small land owners, we respectfully request equal representation and consideration in this
proposal.
Sincerely,
Yu, d, cfricor
Ray arfd Sally S
13644 CR 64
Greeley, CO 80631
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