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Home My WebLink About20083191.tiff Oct 15 08 07: 43a WARNER 3036592530 p. 1 e.- Larry and Roxanne Warner Weld County Planning Department 13502 Weld County Road Six GREELEY OFFICE • Fort Lupton,Cu.50621 OCT 3 0 7R(lA Date: October 14",2008 RECEIVED 7'0: Weld County Commissioners Subject: Special Use Permit for Vestas at Weld County Road Six We write this letter to express our concerns regarding the property located south of road six and east of the railroad tracks. It is our understanding that Vestas is requesting to change the use of this property from Agriculture to an I-3 use which will operate on a 24/7 schedule with over 1200 hundred employees entering and leaving the property daily. In addition to the employees there will also he between 200 and 300 hundred trucks also entering and leaving on a daily basis. There are numerous concerns with Vestas request. I_ This use is not compatible with the surrounding area which is zoned agriculture. In addition this 1 -3 use would be located within 50-100 feet of our house 2. Access to our property could be impacted and potentially cutoff. 3. Noise coming from the 1-3 use(trucks,personnel vehicles, manufacturing, delivery and receipt of material, shipping of product)would destroy the outdoor use of our property. We would not be able to enjoy our own place.The coming and going of employee vehicles at all hours of the day and night would be very disturbing. gas and diesel • 4. Environmental issues such as light entering our bedroom windows,ga. fumes from all the vehicles and trucks would permeate towards our home. 5. Building heights of filly feet would impact our view of the mountains and the Front Range. At the present time we arc able to see the mountain range from Fort Collins south to almost Colorado Springs_ Our new view would he a big box building. 6. Lifestyle; Our lifestyle as we know it would be destroyed. The quite enjoyment of our property would be taken away from us, arc we not entitled to quiet enjoyment of our home. 7. Property values will decrease. We moved onto road Six in August of 1984. We have spent the last twenty titur years preparing this place for our retirement. We retired five years ago and do not have the energy nor the health to start over again on a new place. Everything we have worked for will be taken away from us if this project is allowed a special permit to operate.This house was brought onto the tax roles in 1876 and we understand was built in 1871.There is history in this place and it should be allowed to continue without damaging the surrounding area. _.'_ 1` ariazfrglal 7 ►; y L o acme ,. Warner . EXHIBIT "' -0--a n I �, A 2008-3191 Weld County Planning DeRgrewtn , arming Department pi GREELEY OFFICE GREELEY OFFICE NOV 1O7nnR NOV O72nnn • RECEIVE�ECEIVED VESTAS BLADES AMERICA. INC. 1 1 140 Eastman Park Drive Windsor, Colorado 80550 November 7, 2008 SENT VIA FIRST CLASS, CERTIFIED MAIL, RETURN RECEIPT REQUESTED Mr. Kim Ogle Planning Manager Weld County Planning Services-Greeley Office 918 Tenth Street I Greeley CO 80631 Re: Notice of Public Hearing at 10:00 A.M. on December 10, 2008, before the Board of County Commissions of Weld County, Colorado, for a Special Review Permit for property located in Part NWd, Lying East of Union Pacific Railroad: N2SW4, East of the RR also part NEISW4,- and a portion of Lot B of AniRE-1058 being part NE-ISW4 together with a • portion of the NW-ISE-1 Section 29, TIN, R66W of the 6th P.M., Weld County, Colorado. Dear Mr. Ogle: In accordance with C.R.S. §24-65.5-103(1)(6), as the applicant in the permit application in connection with which the above-referenced hearing will be held, we hereby notify Weld County. Colorado that that the notice required by C.R.S. §24-65.5-103(I)(a) has been provided to mineral estate owners in the property that is the subject of such hearing. A copy of the notice, containing the name and address of the mineral estate owners to whom notices were sent, is enclosed. If you have any questions, please do not hesitate to contact us. Thank you for your attention to this matter. c�, Sincerely, _id!,-' © 'y - oe20 cf. VESTAS BLADES AMERICA, INC., a Delaware corporation /}�� By: d Name: Hans Jesse '^� Title: V • EXHIBIT (a, 8 VESTAS BLADES AMERICAS Fax 9706861103 Nov 6 1008 11:11om P003/008 Weld County Planning Department eld County Planning De artmen`k l f 1• GREELEY OFFICE g p GREELEY OFFICE ; 4 ittli7r ! NOV 1 0 7nnn r 1 ' i ' . NOV [l7 Anna ,,,�,�� RECEIVED -::,:l;!:'' • RECEIVED tt. ,ho,,,, ' VESTAS BLADES AMERICA, INC. .trip, hr 11140 Eastman Park Drive Windsor,Colorado 80550 • I i1, In , !r4f , November 7,2008 11,1,11-..r-,',.• l,iyf {,. I•::" VIA FIRST CLASS.CERTIFIED MAIL, RETURN RECEIPT REQUESTED t ` n#r , To: The Mineral Estate Owners Listed on Exhibit A. i{,i i+17 Applicant: Vestas Blades America, Inc. I, , .)*i Attn: Kjaer Jakobsen ;I'' , 11140 Eastman Park Drive ' , . 1 1IV Windsor,CO 80550 ,• , Property +1 `, Owner: Regional Transportation District t , Attn: Susan'Mies 5 .I I,i{ i1:, 1600 Blake Street s { Denver,Colorado 80202 i R { ilYi City of Brighton ' ;1 i 1t+ ,, Ann: John Bramble/Manuel Esquibel 4 j 'ii f • 22 South Fourth Avenue I i � ' Brighton, Colorado 80601 I. ; 1 SUBJECT: NOTICE OF PUBLIC HEARING ON Special Review Permit for property located t. in Part NW4, Lying East of Union Pacific Railroad; N2SW4, East of the RR also + �,I +'+,' ': part NE4SW4; and a portion of Lot B of AmRE-1058 being part NE4SW4 together i i '+ �i+i }a;. with a portion of the NW4SE4 Section 29, TIN, R66W of the 6th P.M., Wel& 11:1:1'1,1•1:- County, Colorado. 1 .,, irf r:,` AI p Vestas Blades America, Inc., is requesting in connection with the subject property. a Site Specifth , ,,Ii h:I Development Plan and Special Use Permit for any Use Permitted as a Use by Right, an Accessory Use,elr 1r ,i J> a Use by Special Review in the Industrial (1-3) Zone District, including research, repairing I '!iij!,A0 tv{) manufacturing, fabricating. processing, assembling or storage nature (industrial Manufacturing Facili I ,:j . i .. (Vestas) in the A (Agricultural) Zone District. The subject property is more particularly described and 11 ,I ti shown on Exhibit B. `1I 1 is PLEASE BE ADVISED that pursuant to C.R.S. §24-65.5-103, you are hereby notified that a hearing: . '1I 1;# before the Weld County Board of County Commissioners for consideration of the above-referenced ',; N rtl a ' request will be held on Wednesday. December 10. 2008 at the Weld County Centennial Building m 1r;4;j4:1;';,, Greeley, Colorado. The address of the Centennial Building is 915 Tenth Street, Greeley, Colorado. The , ,},I 1 ' Commissioner's hearing will be at 10:00 AM in the morning. K it y j � I 'I I Should you have any questions for Vestas Blades America, Inc., please feel free to contact the followini ` t , �- ',, persons: Joe Culkin with Nolte Associates, at 303.478.7321 or joseph.culkin@nolte.com, or Laura f , •: pa� . j+t 1 . la I r !l ( Iii n[ tII ;�7 J t-` VESTAS BLADES AMERICAS Fax 9706861103 Nov 6 2008 11;18pm P004/9g08,IM:',TI::::: :I ili } jl,ii.;: I • Iiii i f', • ':f l' Redstone with Senn Visciano Kirschenbaum P.C. at 303.298.1122 or Iedstone@ SennLaw.com. Th� } L,1i 1, Weld County Planner in charge of the County review of this project is Kim Ogle who may be reached a� 1 'j ' } 970.356.4000extension3540orkogle@co.weld.co.us. r� { t;,^ ,ii i fih!a 4 VESTAS BLADES AMERICA, INC., a Delaware l lii,ii corporation " . P l Y�J� A�"O� w 't' '{•,fj," I,,. By: L �C— l' I Name: Han�e� ✓� l-••!II I } Title: 1',f Y ;; ,;, i . I;t I t ;. Q J.,1,,,,,4,,,,,,, tlii 1, . i iiiIi3J d,.„ Iy • } lid, , , I { iJ•Gtj'l iy'..Irrl ? l.. • 'T: ., pl , 1 :s j 4'lii'� � i { Css ly+�i r; 1 .,i,+l,} }: t ;{itfii ,, J � r lyl .p I T, ,, k " 1, 1t ' u j ,, ' 1,,} 1. ' 'im j •1 if t . , 4 , . 1• It'a1 I +� ;, !': I i ,,t is F. tl : f1t, ;. J d 1x t r�i}'y fr;',1:::'!/::. ii-q;',.c ppt ,4 VESTAS BLADES AMERICAS Fax 9706861103 Nov 6 2008 11:18am P005/098, 1 q ;lli r l .. tii, it i'la EXHIBIT A tilIitti l Mineral Estate Owners 'I k,,f i li}1i RME Petroleum Company 1` :i s c/o Anadarko Petroleum Corporation ' 'li P ` ��i � I -. P.O. Box 9149 r 11 .0 The Woodlands, Texas 77387-9147 Ann: Manager Land, Western Division Ihrliitliii,i" RME Land Corp. S ,rY i i c/o Anadarko Petroleum Corporation 11 }{trl,: ' . i P.O. Box 9149 i ' The Woodlands. Texas 77387-9147 ` ti ! i, Attn: Manager Property and Rights-of-Way I ' jggiiI , Kerr-McGee Oil &Gas Onshore LP 4 1 Cl.i .1 iii IiiiIii111111:::: 1099 18`4 Street, =1500 and t1800 :'1.-:.r,l't , Denver,CO 80202t.y.'444-10,.: i Attn: Land Manager/Wattenberg I `. + t I,E�1,11,,..„,: Mary M. Mancini II {iI t >I. iii • h I • Ilt Brighton,Colorado 80601-2144 I i li rA I`. • 'iv [1 'lib;rr . ., Nora Mae Kramer I 11'0..x{0..4.V-if: 119 S. 8'"Ave. } I: ' I,,1- Brighton,Colorado 80601-2129 1 . I` it il!' ',: 1 t tli t '. ' ;19 1 ,. 1f I j ;, l'.•III �.,'y .: { I,,.I r '- tl I"y it!,' 1: I � , I Iv'.! j Jil� I . I I ., 1 rn „1 ,; , 1 1 I,, . • 4 v ]t„. `f IrIH{'; VESTAS BLADES AMERICAS Fax 9706861103 Nov 6 2008 11:18pm P006/0018 �ft1, I II Y l Yt I 1 I, 4 9 "I 1, i, '. I �'� ,'tt1 iii v,Iiti :y EXHIBIT B Il ":N Legal Description and Vicinity Map • ' ' li ITil.,),,.. i 1 I', Parcel One: •' 14, : ° li I , That part of the Northwest Quarter lying East of the Union Pacific Railroad in Section 29,Township I North, .111 i 1, Range 86 West, j i j1t at } EXCEPT any portion thereof lying within County Roads, ,l ti a County of Weld, 9 r'�'1 rI Slate of Colorado- I , ICI , ; Parcel Two: 4,_ IIOtkf - Beginning at the point of Intersection of the Easterly right-of-way line of the Union.Pacific Railroad Company and I { 14 l,1 the East-West centafine d Section 29.Township 1 North,Range 66 West of the 8th P.M.,Weld County, f + Colorado,from which point the West Quarter corner of said Section 29 bears North 89 degrees 41 minutes 30 (i•IBS 4'44.(1,7„,,‘} 'seconds West a distance of 552.75 feet hewing called the West line of the Southwest Quarter of said Section 29 1 t I„ t. North I f ' r ,", Thence South 89 degrees 41 minutes 30 seconds East along said East-West centerline a distance of 122725 f I'' �t r I ' feet,more or lees,to a point from which the Center of said Section 29 bears Seidl 89 degrees 41 minutes 30 ,I. 'I„I_-Ill+ seconds East a distance of 871.15 feet; I? 4; 1 Thence South 00 degrees 27 minutes S4 seconds West a distance of 910.00 feet; I f f Thence South 89 degrees 41 minutes 30 seconds East parallel to said East-West centerline a distance of 116.53 f i ' �4i Ia I c. feet; • Thence South 00 degrees 15 minutes 18 seconds West parallel to the North-South certerfine of geld Section 29 f -11 ,l;' h e a distance of 410,44 feet,more or less,to a point on the South line of the North Half of the Southwest Quarter of +f 3 said Sector 29,from wrath pole the Southeast corner of the Nat,Half of the Southwest Quarter of said t'''''I Ti I 40 Section 29 bears South 89 degrees 40 minutes 49 seconds East a distance of 758.66 feet i ifl j Thence North 89 degrees 40 minutes 49 seconds West along the South line of said North Half a distance of 1584.08 feet,more or lees,to a point on the Easterly right-of-way line of the Union Pedfrc Rained Company, .1 %;• 7 I > from which point the Southwest corner of said North Half beers North 89 degrees 40 minutes 49 seconds West a f 1{ l;!,',/,,-; distance of 223.14 feet; 1 Thence North 14 degrees 02 minutes 02 seconds East along the Easterly right-of-way fine of the Union Pacific I ill l',.';:, ' Railroad Company a distance of 1358.94 feet,mote or less,to the Point of Beginning, ,},t,j(iiIr.11 County of Weld, 1 i r i,1 State of Colorado. t ,t ,� Parcel Three: I, h. t1 'I"' II:',;4.1i:! '.,. A portion of Lot B of Amended Recorded Exemption No.1471-293RE1058 as described on Map recorded June it IlViI I;" 20,1995 at Reception No.2443238 of the Weld County records,located In the Northeast Quarter of the k 1 II i,,s• . Southwest Quarter of Section 29,together with a portion of the Northwest Quarter of the Southeast Quarter of f • I t Section 29,all in Township 1 North,Range 66 West of the Sixth Princpal Meridian.County of Weld.Share of I , 1 Colorado,being more particularly descibed as follows: k f ''t 1•4:4".k.• i p` Basis of Bearings: The Northerly line of the Northwest Quarter of the Southeast Quarter of Section 29,Township t I4r,;:riti 1 North,Range 66 West of the Sixth Principal Meridian bears North 89 degrees 32 minutes 22 seconds East , ! ; i , h Beginning at the center Quarter corner of said Section 29; I 1 it r Lnrtit • 4 ` i1 , i . t,,,l Il'Ji . } kritifir?I ahi :It ,i• .'. 1i. �f'1' "- Il ,1f I VESTAS BLADES AMERICAS Fax 9706861103 Nov 6 2008 11,19am P007/008 , ' I ;�1'� utl� , t I 1i I • I ' L. �IIIt�'I4iy {I t cI 4qr • f I ,V4,a Thence North 89 degrees 32 minutes 35 seconds East,along the Northerly boundary of said Lot B,a distance of ` 1 -If I,7f0 264.02 feat; is �! ` Thence North 89 degrees 37 minutes 54 seconds East,a distance of 13.68 feel; ! 3 Thence South W degrees 31 minutes 48 seconds East.a distance of 854.29 feet y¢t + Thence South 89 degrees 32 minutes 50 seconds West,a distance of 1035.82 feet i, e up F Fee' Thence South DC degrees 32 minutes 56 seconds East,a distance of 55.64 feet to a comer of said Lot B; ' �! Thence along the boundary of said Lot B the follow-Ina three(3)courses: II ( 1 'fill 1. South 89 degrees 33 minutes 50 seconds West,a distance of 116.77 feet; y h: 1. 2. North 00 degrees 18 minutes 31 seconds West,along the Westedy boundary of said Lot B,a distance of ( i1 1r r1 I 909.90 feetI, 3. North 89 degrees 32 minutes 50 seconds East,along the Northerly boundary of said Lot B,a distanced ‘-'1.,r41,11.:-Ni: 871.35feet to the Point et Beginning, t , 1 r . 11,i t1 ; County of Weld, State o1 Colorado. I 11.l lIr(r� 1' # a p ��1JJb {'.. j{Ji} 1 7 .i. LlY1 3 .i i"dl I.; I I � ; 11�1 �:. I t •' I'4.l tl'. • I 1 4 V.f , I fin '1 I ,. ff,...'_Itf 1, 1 i,, ii 1;. t,pr ,{- f.:.,,,,1'. I F ,d 1`; iv,1, r, r raft rr 1I dJ if, Pt(1 4 i l [ t1 y ''Ica ,<. � it i 1jy 4 • 7 't v1ti l l t`l i ,i 'la +� t • ,::ttiJS y..t °�e4fi} Ja • I §sIlI1rt h[114 VESTAS BLADES AMERICAS Fax 9706861103 Nov 6 2008 11:19Pm R006/008, f pIra 11 '!f.,!; t r 1 .Ili'.r` i , 71 1 , 1_ }3 ,J7 ,a li } , J 1 zI aY'' l �A g — it.)l/ / b.il., : �: ; - 1141 1 1i 1,1;I r1 I.., y'1It if Yl .)� zu I Am- K�I X13,Ili,voik1 r I IN i p @. .r [ I I l'i "CC: - •.11 �frltr =t{ I' M a , 14 3 ,+§• '/tea lull s+ eM�'v - 1- .,• ,..r1 .� :, �^i r /- a) JMt. V 1 A ' ) .fa . : J.}`{r��"'+1 !y S�Y F�,ry �. �I a �7.:-0r t n I I .',f,',' : I ,( Pzx,l* rlt'1yt. fjSzi 4i i a w� 1'{ Tu fi � n� i{I iki� y 14 �45 r -,t•`/� � 1' i 5 Y t �� .,5;ii ` �' y Y �l ^ m,.. •A fi.� I ,,µ 77 f t �' I I`7 ; •l�_ t. x1 �"' y r' ••:',,T... "----,,, .71-0-0'.',,,.' } '. t ;\:•,-;•„;-.',, may.: 1' I 9 r Il j l 1 1' I •li: I 111 ._. � �,� .•.. .- v I: q y I ` 1 41i C. I1 I ��1 Ill 1414l, t - i I 41 Ift"?.:r MOLLY SOMMERVILLE BUCHANAN, P.C. Molly S. Buchanan 1580 Lincoln Street, Suite 700 msb@msbuchananlaw.com Denver CO 80203 Telephone: 303.825.0416 • Fax: 303.825.3202 November 14, 2008 Via e-mail and DHL Kim Ogle Planning Manager Weld County Planning Services—Greeley Office 918 Tenth Street Greeley, Colorado 80631 Re: Vestas Blades America, Inc. Application for Development Township 1 North, Range 66 West Section 29: NW/4; S/2 (portions) Weld County, Colorado Dear Kim: I understand that Weld County has received an application for development from Vestas Blades America, Inc. ("Applicant") for property in Weld County that includes portions of the • NW/4 and S/2 of Section 29, Township 1 North, Range 66 West ("Property"). As we discussed, this law firm represents Anadarko Land Corp. ("Anadarko Land"), formerly known as Union Pacific Land Resources Corporation, with respect to applications for development that the Applicant files with the County that include the Property. Anadarko Land owns coal interests that underlie the Property. Please find enclosed a letter dated November 14, 2008 entitled "Notice of Coal Interests owned by Anadarko Land Corp. and Objection" which I ask that you provide to the Planning Commission and the Board of County Commissioners for Weld County to be made a part of the record in the proceedings. Please send notices of future hearings on applications filed in connection with this matter pursuant to C.R.S. § 31-23-215, C.R.S. § 24-6-402 (7) and C.R.S. § 24-65.5-101, et. seq. to Anadarko Land as follows: Anadarko Land Corp. Post Office Box 9149 Houston, Texas 77387-9147 Attention: Manager, Property and Rights-of-Way • EXHIBIT Kim Ogle November 14, 2008 Page 2 • Thank you for your consideration in this matter. If you have any questions, please call me. Best regards, Molly Sommerville Buchanan, P.C. Molly S. Buchanan MSB Enclosure cc: Marla Jones, Esq. Don Ballard Keith Crouch, Esq. Terry Bowen, Esq. (for Applicant) • • MOLLY SOMMERVILLE BUCHANAN, P.C. Molly S. Buchanan 1580 Lincoln Street, Suite 700 msb@msbuchananlaw.com Denver CO 80203 Telephone: 303.825.0416 • Fax: 303.825.3202 November 14, 2008 Via e-mail and DHL Members of the Board of County Members of the Planning Commissioners for Weld County Commission for Weld County 918 10`h Street 918 10th Street Greeley, Colorado 80631 Greeley, Colorado 80631 NOTICE OF COAL INTERESTS OWNED BY ANADARKO LAND CORP. AND OBJECTION Re: Vestas Blades America, Inc. Application for Development Township 1 North, Range 66 West Section 29: NW/4; S/2 (portions) Weld County, Colorado • Ladies and Gentlemen: This law firm represents Anadarko Land Corp. ("Anadarko Land"), formerly known as Union Pacific Land Resources Corporation, with respect to the application that has been filed with Weld County by Vestas Blades America, Inc. ("Applicant") for the approval of an application for development for property which includes portions of the NW/4 and S/2 of Section 29 in Township 1 North, Range 66 West in Weld County ("Property") and also for subsequent applications for development that include the Property. Anadarko Land owns the coal resources that underlie the Property. Anadarko Land wishes to give notice to the County of the coal interests that it owns under the Property and objects to the approval of a final application for development until an agreement is reached between Anadarko Land and the Applicant. The following are comments in support of this Notice and Objection: • Members of the Board of County Commissioners and Planning Commission for Weld County November 14, 2008 Page 2 • 1. The Coal Resources Owned by Anadarko Land Corp. A geologist with Anadarko Land reviewed the Property for coal resource potential and determined that the Property is underlain with Laramie Formation coals that are approximately six feet thick and that lie at depths of approximately 808 feet. The geologist estimates that Section 29 contains approximately 6.6 million tons of Laramie Formation coal. Laramie Formation coal has a high BTU of approximately 8900 to 9800 btu/lb and a low sulfur content of between .3% and .8%. A copy of the pertinent portion of the Colorado Coal Resources and Development Map that was prepared by the Colorado Geological Survey in 1978 and that documents the coal resources that underlie the Property is attached for your ready reference. Anadarko Land follows a standard procedure when it receives an inquiry from a surface owner or a notice of a development application for property in which Anadarko Land owns coal. A geologist evaluates the nature and extent of the coal resources for the property, and, if the geologist determines that the property contains negligible or no coal, Anadarko Land will not object to the application.* If, as here, the geologist determines that the property contains coal, Anadarko Land will object to the application for development and propose a relinquishment of surface rights for the coal in an amount that is related to the nature and extent of the coal resource that underlies the • property. In keeping with its standard procedure, consistent with agreements that Anadarko Land has reached with other surface developers in the County and elsewhere, and in response to an inquiry from an attorney for the Applicant, Anadarko Land gave a proposal to the Applicant in a letter dated September 9 pursuant to which Anadarko Land proposed a relinquishment of surface rights for the coal in exchange for a payment for a relinquishment document. A representative for the Applicant objected to the proposal on the grounds, in his opinion, Anadarko Land will never mine the coal that underlies the Property. Anadarko Land is an affiliate company of both Anadarko E&P Company LP and Kerr-McGee Oil & Gas Onshore LP ("Kerr-McGee"). Kerr-McGee is a major producer of oil and gas in the DJ Basin in Colorado and operates multiple oil and gas wells in the County. Many drillsites which now have productive oil and gas wells on them were thought to have little value as recently as ten or fifteen years ago. Changes in technology and commodity prices have resulted in wells being drilled in locations that were previously considered uneconomic or marginal and in valuable oil and gas production for residents and commercial customers in Colorado and elsewhere. In this case, the parties don't dispute that coal underlies the Property. Anadarko Land owns the coal in perpetuity and has the right to go on the surface to develop it. As owner of private property rights, Anadarko Land is entitled to have them recognized by both the Applicant and the County. * Anadarko Land,however,frequently will propose a relinquishment of surface rights for the coal for a minimum transaction fee to give the surface owner the opportunity to resolve potential surface use conflicts for title, marketability or reasons related to • financing. Members of the Board of County Commissioners and Planning Commission for Weld County November 14, 2008 Page 3 • 2. Applicant Failed to Provide Anadarko Land with Notice as Required by Colorado Statutes. Anadarko Land received notice from the Applicant of the hearing scheduled on December 10 before the Board of County Commissioners; however, Anadarko Land did not receive notice from the Applicant of the hearing scheduled before the Planning Commission on November 18. Colorado statutes at C.R.S. 24-65.5-103 specifically require that the Applicant give thirty days advance written notice to mineral estate owners of the "initial public hearing" by the local government on the application for development. Anadarko Land believes that the initial public hearing within the meaning of the statute is the hearing before the Planning Commission where the Planning Commission hears comments from the public in order to make recommendations to the Board of County Commissioners. Interpreting the statute to mean that the initial public hearing is the one before the Board of County Commissioners deprives the Board of the opportunity to have the considered opinion and recommendation of the Planning Commission in its deliberations on the application. 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 Applications for Development. The State of Colorado recognizes the important rights of mineral owners and lessees in • C.R.S. § 30-28-133O0) 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." 4. Applicant Had Notice at the Time it Acquired its Interests in the Property that it Purchased the Property Subject to the Rights of Anadarko Land. Union Pacific Railway Company gave deeds to two individuals in 1885 and 1886 for the S/2 and the NW/4 of Section 29 in which it reserved the coal. Union Pacific Railroad Company granted the minerals to Union Pacific Land Resources Corporation by quitclaim deed dated April 1, 1971 and recorded on April 14, 1971 in Book 644 at Reception No. 1565712. Applicant had record notice at the time it acquired its interests in the Property that the coal was severed from the surface estate and that it received less than the entire interest in the Property. 5. The Anadarko Entities Have Entered into Many Agreements with Developers. Anadarko Land and Anadarko E&P Company LP 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. • Members of the Board of County Commissioners and Planning Commission for Weld County November 14, 2008 Page 4 • Anadarko Land has made a proposal to the Applicant to work out surface use conflicts between the prospective development of the surface estate and the prospective development of the coal estate. Because the parties have not reached an agreement, however, Anadarko Land objects to the application and requests that the County make any approval of a final application for development for the Property conditioned upon an agreement between Anadarko Land and the Applicant. Very truly yours, Molly Sommerville Buchanan, P.C. Molly S. Buchanan MB/sa Enclosure cc: Marla Jones, Esq. Don Ballard Keith Crouch, Esq. Terry Bowen, Esq. (for Applicant) • • • COLO-t .DG GEOLOGICAL-SORVEY Map Series 9 Verfra' S - i I- • . / N /e �� vt/ EXPLANATION ,2„),srr a `J Cvr/S- caf _. Q TT E vim LESS K Str Fr. (iK.I OF amtffi . - MUTE Int ISO Fr. as ti:) TO: T,Ooo F1133514 4�OF' : � • SU88IiUMIipU5 OR BITiI{IRpUS ( mu-LESS OF"OYERBF TItAEI L� R Vas That . ITtIiII(QUS at B . (910 K.) O tntaKths COAL { ISO-n- ( I X TO ton- it. BUROla c II 6 LW - IT COAL -K1RE IBM 3,000 Fr_ (410 K.) OF O? mama F - ,-:::. ticravam AROACTTE . • '. `\�r4 AREA OF PAST OR PRESENT COKI1tw , PRODUCTION ' - - —DENVER REGION COAL-BEARING REGION 42.47 ESTIMATED ORIGIRAj IN—PLACE RESOURCES TO 6;000 FT. (1820 M.), 42 s IN BILLIONS of TONS ESTIMATED RRFLID&IIIRRIRG RE IN-uE RESOURCES T0:6,000 FT. (1820-a.), TANS, ASOF I/1/77 soKEA MINES MD PRELItiI a I---s RARY L77 P1CiI0N IN MILEIOK-TOtiS (FOR MINES THAT PRO, M m >0:25 NALION TOILS EN um a- UNDERGROUND MIRE (LICENSED AS OF OECEMER 31, 1977) C ABANDONED UROERGROUND NIKE • SURFACE MIRE (LICENSES] AS OF OECEU{gER 31, 197T) . '≥A ABANDONED SURFACE MIRE in li i I LLJy ya'c Nab, ll Buckeye •• l eafta • 5 Red F ether (5 I j. I. G.r+■ in �a ' c 2 Lo: Cabin Owl Can on > L (J t 1 a<• r;n 4fj/{y � B I 2 W veily -41•;a0//k� al t l'�i'kl • Id 1 'de Ru :. I ¢ !fir Wetting2n Fe✓bx Eggers / �8 I a s ��'•udre Park I 4o"•x? Spei�cer Heights _ I- ens e 4 • I. 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R E E f� Mtn Berge bark I • ymblit-6 lume tm is.41. toil a Iele :%Nand Pau u �i8 Kdtretle • z,' ° et -_ se}..g Clays P1. t . 5) j Brookvale:, I I'c o �n Nt%�I r - AI'1 • Ott MEMORANDUM TO: Planning Commissioners VI`PC COLORADO DATE: November 17, 2008 FROM: Kim Ogle, Planning Manager SUBJECT: Additions to Case File Vestas, USR-1676 Memorandum to Planning Commission containing multiple documents for case and itemized herein: 1. Legal Notice (1).A-_, 49--14 2. Electronic Mail J. Rosenstein of Senn Visciano Kirschenbaum to Ogle dated November 5, 2008 Information Handout 3. Notice of Public Hearing — Mineral Notification dated November 7, 2008 (Sze Ex G.8) 4. Vestas Blades America, Inc., do Senn Visciano Kirshenbaum PC, Mineral Estate Notice dated November 7, 2008 5. Anadarko do Molly Sommerville Buchanan, Electronic letter of Objection dated November 14, 2008 (Sa Ex &.C) 6. Electronic mail from K. Jakobsen, Vestas to Ogle dated November 17, 2008 concerning • UP RR 7. Electronic mail from D. Mire, Nolte Associates, applicant's consultant concerning revision to campus plan dated November 17, 2008 8. Electronic mail from J. Rosenstein of Senn Visciano Kirschenbaum to Ogle dated November 17, 2008 concerning stipulated agreement with Anadarko do Molly Sommerville Buchanan 9. Anadarko do Molly Sommerville Buchanan and Senn Vicario and Kirschenbaum letter of understanding dated November 18, 2008 • EXHIBIT Page 1 of 2 Kim Ogle • From: Joel Rosenstein [JRosenstein@SennLaw.com] Sent: Wednesday, November 05, 2008 4:42 PM To: Kim Ogle Cc: Laura Redstone Subject: FW: Vestas Informational Handout Attachments: Information Sheet(10.23.08).docx Kim, I just spoke to Laura Redstone. The attached has been approved by Vestas, through Henrik Damsgaard. It is okay to post on the county's website. As to your questions regarding Union Pacific, Kjaer Jakobsen with Vestas is the point of contact with Union Pacific. He will be in town next week. Do you want me to forward anything to him? Kjaer's email address is kjaer@vestas.com. Sincerely, Joel Joel Rosenstein Senn Visciano Kirschenbaum P.C. 1801 California Street, Suite 4300 Denver, CO 80202 303-298-1122 Fax: 303-296-9101 JRosenstein@SennLaw.com www.SennLaw com This electronic message contains information from the law firm of Senn Visciano Kirschenbaum PC that may be privileged and confidential. The information is intended for the use of the addressee(s) only. If you are not an "'addressee, note that any disclosure, copying, distribution or use of the contents of this message is prohibited. If you have received this e-mail in error, please contact the sender at the number listed above. DISCLOSURE UNDER IRS CIRCULAR 230: Any tax advice contained in this communication (including any attachments) is not intended or written to be used, and may not be used, by a taxpayer for the purpose of avoiding tax penalties under United States federal tax laws or promoting, marketing or recommending to another party any tax related transaction or matter addressed herein. From: Prather, Holly [mailto:hprather@brightonco.gov] Sent: Monday, November 03, 2008 4:58 PM To: Joel Rosenstein Cc: Falconburg, Mary Subject: Vestas Informational Handout Joel, I have attached the Vestas Informational Handout to this email for your review prior to tomorrow morning's phone conversation with Kjaer. As mentioned at today's meeting, the city would like to post the handout on the website as we are experiencing a number of phone calls regarding the items that are covered in the handout. As customer service is the city's number one priority, we would like to direct them to the website for the most up-to-date information regarding the project. All of the information within the handout was obtained using the press release and information that is public record (e.g. submittal to Weld County, etc). Could you get verification that Vestas is agreeable to our posting this on the website for public review? Thanks! 11/18/2008 Page 2 of 2 Cordially, Holly Prather, AICP •Planning Manager City of Brighton 22 South 4th Avenue Brighton, CO 80601 Phone & Fax: (303) 655-2022 Integrity + Vision + Stewardship = A Progressive Community Unless you really need to, please don't print this e-mail. Think Green and Reduce, Reuse, Recycle. • • 11/18/2008 CITY OF Community Development BRIGHTON V22 South 4''Avenue . Brighton,Color ado 80601 3(13-655-2017(Phone and Fc•irnttel . avrn°,nri inero.;v. Vestas Info .i i t. . x Vestas Wind Systems, Inc. a large-scale wind turbine manufacturer, is under contract to purchase approximately 112 acres of land from the City of Brighton and is also in the process of purchasing two additional parcels from RTD (approximately 44 acres and 20 acres) for a total acreage of 176 acres (as shown on the map). The properties are located in unincorporated Weld County between County Roads 4 and 6, and are east of the Union Pacific Railroad. Vestas plans to further expand its American manufacturing presence by establishing a new blade factory and a nacelle factory on the properties. A nacelle is the structure at the top of the wind turbine that is separate from the blades and comprises the gearbox, generator and transformer. The nacelle assembly factory will have an annual production capacity of 1,400 nacelles and the blade factory will output 1,800 blades per year (matching the annual output of the Windsor facility) for a combined production capacity of 3,600 wind turbine blades per year for US productions. Once fully operational in the first half of 2010, the blade factory will bring 650 new jobs to Brighton. The nacelle factory is expected to run at full capacity in mid 2010 and will create an additional 700 jobs. Thus bringing a total of 1,350 jobs to the Brighton community, and placing Brighton at the forefront of the New Energy Economy. Vestas chose the site due to its central location, easy access to rail services and highway infrastructure, and proximity to their existing plant in Windsor, Colorado. The Brighton facility will also include a "combined Technology and Production Engineering Office to equip the 0 factories with the right quality and continuous improvement competences. " Vestas has submitted Use-by-Special Review (USR) plans to Weld County and is looking to receive approval of the plans in order to begin construction of the site and buildings in the fall of 2008. The City of Brighton is beginning the initial planning stages and plans to incorporate the Vestas properties and surrounding area into its Comprehensive Plan. In 2009, the city will annex the Vestas properties and will consider the annexation of additional properties (if contiguous to city boundaries), if the property owners are amenable to annexation. Thereafter, the city will zone the annexed properties and provide water and sewer service infrastructure to the area. The city is expecting to have the planning, annexation, zoning, and public infrastructure in place by September 2009. To inquire about employment opportunities with Vestas, please visit the following website: www.sosstaffing.com click on "Job Seekers," then "Application," fill in zip code "80550," select"SOS Staffing, Vestas Onsite"and fill out the application and submit accordingly. To inquire about the possibility for annexation into the City of Brighton or future plans for the area, please contact Planning Manager, Holly Prather at (303) 655-2022 or via email at hprather(ctbrightonco.gov. Information in this document is subject to change and will be updated frequently. Please visit the City of Brighton website www.brightonco.gov for the most recent copy of this document. SEE REVERSE SIDE FOR MAP OF SITE ........:........ Administration • Building Division •Cude Enforcement • Engineering Division • Planning Division Our Mission_..Integrity+ Viston+Stewardship=A Prgsres+ire Community 6 g s a } w - t+�i$rs ,t1 j i11 14 yf f ... At1' t VIII 4. 1l } {iii ! � fit 3 y,,n4f s.... e i i1 Yrt Mgt }}pp 1 1 P ,ya 1 i t t� j c t 'q 2 4....r.,406:7, • t. of N.414., Y ✓ i",. {!}` jl./y'yy�f H / \Ian ;}l Er � rf'T,j1, t�Yd . �t 1' !f.Frn T f a* go i -M M . _ ,Lii tz, t f fi` fir t x t,, kIII 14' 'Ai � ` F Ji'� • Page 1 of 2 Kim Ogle • From: Kjar Lunde) Jakobsen [kaer@vestas.com] Sent: Monday, November 17, 2008 5:42 AM To: Kim Ogle Subject: RE: Vestas and UPRR Hi Kim, I apologise for not reverting to you on this earlier. I am, however, in a better position now to give you some more, relevant information. Last Wednesday Vestas and Nolte engineering met with UPRR to discuss the entire situation based on some drawings and descriptions we had made for them. The conclusions from the meeting are (not in priority) 1) The La Salle solution will not work for UP. In stead of that they will apparently be using their main track going towards Fort Collins to combine train cars from the Brighton site and train cars from the Windsor site. 2) UP will be ready to serve Vestas on the Brighton site, but the drawings and descriptions presented to UPRR for last week's meeting were not correct and lacked specific details. Nolte Engineering and their subcontractor are working on amending that during this week, so that we can get into the UPRR approval cycle and process. 3) Based on input from UPRR we have asked Nolte Engineering to plan -as soon as possible -for a meeting with PUC to discuss and agree on the requirements related to the tracks crossing CR4 and CR6. This will include the need for signalization on the roads. Please advise us, whether Weld County wants to have a representative join that meeting as well. 4) A full unit train will have a length of about 6,500 ft. (app 72 cars @ 90 ft each). We may pull out half unit trains to be combined off the Brighton site. Vestas will most likely install airpumps at both CR4 and CR6 (outlets both south and north of both roads) to power up the loaded train cars before they are finally pulled out. This will •also considerably reduce the time of blocking CR6 and CR4. At the meeting we heard maximums of 20 mins, if UPRR have to combine rail cars from both sides of either CR4 or CR6. This is assuming that Vestas has already powered the rail cars (UPRR to train Vestas staff in doing this to comply with the safety issues). I hope this will respond to your questions. If you need more details, please do not hesitate to contact me. Once we have the updated drawings, I would be happy to forward them to you, would you wish to have them. Best regards, Vestas Blades NS Kjaer Lundoe Jakobsen Vice President, Business Development Office phone +45 9730 6800 Cell phone+45 2368 2411 e-mail KJAER@vestas.com Company reg. name: Vestas Blades A/S This e-mail is issued subject to our e-mail disclaimer statement. Please refer to http://www.vestas.com/legal/notice. If you have received this e-mail in error, please contact the sender. From: Kim Ogle [mailto:kogle@co.weld.co.us] Sent: 6. november 2008 20:19 To: Kjaer Lunde Jakobsen ',CcKim Ogle Subject: Vestas and UPRR 11/18/2008 Page 2 of 2 Hello Kjaer ()If you are able, please provide an update as to the conversations held on the upgrades to the UPRR mainline track. Of specific interest are the numerous sidings, the road /rail improvements required for the crossings, the signalization, the use of classification yards to the North in LaSalle or South near Brighton. The length of the trains as they depart the Vestas plant, and the approximate time required to couple all cars together, thereby forming the "Unit Train". Thank you for your assistance. Kim Ogle I Planning Manager T.970.356 4000 x 3549 I Fr 970 304 6498 Weld County Manning Services-Greeley Office 918 Tentn Street Greeley CO 80631 I kogle@co.weld co us • • 11/18/2008 Page 1 of 1 Kim Ogle • From: Mirc, David A. [david.mirc@nolte.com] Sent: Monday, November 17, 2008 7:08 AM To: Kim Ogle Cc: Bowell, Bob Subject: RE: VESTAS PRESENTATON - DRAFT ONE Thanks Kim, 1 did not see anything that was proprietary in your presentation. Below are my comments, Nacelle Building is now 54'tall. The employee counts are 750 for Nacelle on two shifts and 750 for Blades on 3. The 1500 is cumulative. The primary employee access for the Nacelle building is CR 4. CR 6 is primary for Blades. You state someone has spoken to the PUC. I cannot confirm this. I will check internally. You state a mitigation plan is required to address the long flat surfaces of the building. What is the challenge we need to mitigate? We'll talk at 11. Thanks, ("David From: Kim Ogle [mailto:kogle@co.weld.co.us] Sent: Saturday,November 15,2008 2:05 PM To: Mirc, David A.; Rome, Rick Subject: VESTAS PRESENTATON -DRAFT ONE David and Rick Here is the draft to Final of the presentation. Please review for proprietary information. I tried to limit this exposure. Thanks Also,what time on Monday did you want the telephone coordination meeting. Scheduling looks to be good for a majority of us at IIA or at IP only. Kim • 11/18/2008 Page 1 of 1 Kim Ogle From: Joel Rosenstein [JRosenstein@SennLaw.com] Sent: Monday, November 17, 2008 5:17 PM To: Kim Ogle Cc: msb@msbuchananlaw.com; Buschenfeldt, Mark; Kjr Lunde) Jakobsen Subject: VESTAS USR - 1676 subject to amendments Kim, This email summarizes a telephone conversation that I just had with Molly Buchanan, attorney for Anadarko. Molly and I will be calling you tomorrow morning at 9 a.m. We will be relaying the following to you. At tomorrow's planning commission hearing, Vestas and Anadarko will stipulate on the record that the parties will reach a deal as to Anadarko's coal interests prior to the meeting of the county commissioners on December 10. In light of this stipulation, tomorrow's hearing should not be postponed. If, this evening, you have any questions or concerns, please call me immediately. My extension is 307 should you call after 5:30 p.m. when our switchboard closes. Sincerely, Joel Joel Rosenstein Senn Visciano Kirschenbaum P.C. 1801 California Street, Suite 4300 Denver, CO 80202 303-298-1122 Fax: 303-296-9101 JRosenstein@SennLaw.com www.SennLaw.com This electronic message contains information from the law firm of Senn Visciano Kirschenbaum PC that may be privileged and confidential. The information is intended for the use of the addressee(s) only. If you are not an addressee, note that any disclosure, copying, distribution or use of the contents of this message is prohibited. If you have received this e-mail in error, please contact the sender at the number listed above. DISCLOSURE UNDER IRS CIRCULAR 230: Any tax advice contained in this communication (including any attachments) is not intended or written to be used, and may not be used, by a taxpayer for the purpose of avoiding tax penalties under United States federal tax laws or promoting, marketing or recommending to another party any tax related transaction or matter addressed herein. • 11/18/2008 MOLLY SOMMERVILLE BUCHANAN, P.C. Molly S. Buchanan 1580 Lincoln Street, Suite 700 msb@msbuchananlaw.com Denver CO 80203 • Telephone: 303.825.0416 Fax: 303.825.3202 November 18, 2008 Weld County Planning Department GREELEY OFFICE Via E-Mail and U.S. Mail N0V 19 ?nff Kim Ogle Y I VE® Planning Manager Weld County Planning Services—Greeley Office 918 Tenth Street Greeley, Colorado 80631 Re: Vestas Blades America, Inc. Application for Development Township 1 North, Range 66 West Section 29: NW/4; S/2 (portions) Weld County, Colorado Dear Kim: • This law firm represents Anadarko Land Corp. ("Anadarko Land") with respect to a waiver of timely notice regarding a hearing on November 18, 2008 before the Weld County Planning Commission upon the application of Vestas Blades America, Inc. ("Applicant") for an application for development that covers property in the NW/4 and S/2 of Section 29, Township 1 North, Range 66 West ("Property") As you know, Anadarko Land submitted an objection letter to the Planning Commission and the Board of County Commissioners dated November 14, 2008 entitled "Notice of Coal Interests Owned by Anadarko Land Corp. and Objection" in which Anadarko Land objected to the approval by the County of the application because of the coal interests it owns under the Property in the absence of an agreement between the Applicant and Anadarko Land. In the objection letter, Anadarko Land also asserted that the Applicant failed to provide timely notice of the hearing before the Planning Commission on November 18. Based on a discussion among you, Joel Rosenstein, attorney for the Applicant, and me, you will state at the hearing on November 18 as a part of the record in the proceedings that Anadarko Land and the Applicant agree and stipulate that the parties will enter into an agreement concerning the coal interests that Anadarko Land owns in the Property prior to the currently scheduled December 10 hearing before the Board of County Commissioners and that they request that the Planning Commission include their stipulation as part of its recommendation to the Board. • Kim Ogle November 18, 2008 Page 2 • Based upon the understanding of the parties and their stipulation and provided that the stipulation is included in the recommendation to the Board by the Planning Commission, Anadarko Land agrees to and hereby does waive the receipt of timely notice of the hearing before the Planning Commission on November 18, 2008, pursuant to the requirements of Colorado Revised Statutes §§ 24-65.5-101 et.seq. This waiver applies to applications for development as defined in C.R.S. § 24- 65.5-102(2) to the extent that the applications cover the Property or portions of the Property. Anadarko Land understands that you intend to provide this letter to the Planning Commission as part of the approval process for the application for development. Very truly yours, Molly Sommerville Buchanan, P.C. Molly S. Buchanan • MS cc: Marla Jones, Esq. Don Ballard Keith Crouch, Esq. • Hello