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Home My WebLink About20012469.tiff a DEPARTMENT OF PLANNING SERVICES WI I D PHONE (970) 353-6100, EXT.3540 FAX (970) 304-6498 O 1555 N. 17TH AVENUE GREELEY, COLORADO 80631 COLORADO August 2, 2001 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: 3r°AmUSR-248 There will be a Public Hearing before the Weld County Planning Commission on Tuesday,August 21,2001, at 1:30 p.m., in Room 210, Weld County Planning Department, 1555 N. 17th Avenue, Greeley, Colorado concerning the request of: NAME: Colorado Groundwater Resource Services/Varra Companies FOR: 3r°Amendment to a Site Specific Development Plan and Use by Special Review Permit for a Solid Waste Disposal Facility and Certificate of Designation (Coal Ash Burial Project). LEGAL DESCRIPTION: Part of NW4 of Section 31, T3N, R67W of the 6th P.M., Weld County, Colorado. LOCATION: Approximately 1 mile north of WCR 26; approximately 1 mile west of WCR 15. Your property is within five-hundred (500)feet of the property on which this request has been made or you may have an interest in the minerals located under the property. For additional information write or telephone Julie Chester, Planner. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 1555 N. 17th Avenue, Greeley, Colorado 80631, on or before the date of public hearing. For your convenience, the Department of Planning Services has instituted a Planning Commission Agenda Phone Line. In some circumstances cases need to be continued to a later date. To ensure that this case is being heard, you may call 970-304-6499, up to the day of the scheduled hearing for this information. EXHIBIT 9JK 2001-2469 SURROUNDING PROPERTY OWNERS AND/OR SUBSURFACE ESTATES/INTEREST OWNERS 3rd AMUSR-248 Louis & Frances Rademacher 13184 WCR 13 Longmont, CO 80501 Gilbert Acord 7541 WCR 26 3/4 Longmont, CO 80501 Pasquale Varra Varra Companies/Sand & Gravel 2130 S. 96th Street Broomfield, CO 80020 St. Vrain Sanitation District 436 Coffman Street, Suite 200 Longmont, CO 80501 Harold &Verna Nelson 11955 WCR 15 Longmont, CO 80504 Joseph & Judith Timko 7095 WCR 26 3/4 Longmont, CO 80501 Owens Brothers Concrete Co. 5550 Sheridan Arvada, CO 80002 J Bar B Inc. c/o Duane Messner, MD 34600 Fox Ridge Road Evergreen, CO 80439 R & M Land Co. 13184 WCR 13 Longmont, CO 80504 Duke Energy Field Services, Inc. P.O. Box 1642 Houston, TX 77251-1642 Frank&Jean Sewald 11979 WCR 13 Longmont, CO 80504 Richard & Linda Biella 6254 WCR 26 Longmont, CO 80504 James & Dolores French 6600 WCR 26 Longmont, CO 80504 Thelma Swarts 6856 WCR 26 Longmont, CO 80504 Central Weld Water District 2235 2nd Avenue Greeley, CO 80631 Jennifer Chase 11843 WCR 15 Longmont, CO 80504 Richard Vogl &Johnny Edward 7250 WCR 26 Longmont, CO 80504 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners and owners and lessees of minerals in accordance with the notification requirements of Weld County in Case Number 3r°AmUSR-248 in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list this 2n° day of August, 2001. Donita May CG .S ENVIRONMENTAL• CONSTRUCTION • COMPLIANCE 0 P\aolop DeQt. July 13,2001 \4 0Oti \ Ms. Shari Lockman W a �� L *OWeld County Planning ,J I 1555 N. 17t Avenue Greeley, Colorado 80631 ` C�► � RE: Surface Estate and Mineral Rights Owners Varra Coal Ash Project Weld County, Colorado CGRS No. 1-135-2755aa Dear Ms.Lockman: As requested, I have enclosed an updated property owners list within 500 feet of the subject parcel (#120931000049). I have also provided mineral owners information as available from Weld County Assessors office. If you have any questions regarding this letter or require further information, please contact me at (970)493-7780. Sincerely, CGRS,INC. 04m"---- Job L. dams, P.G. •cipal/Hydrogeologist Attachments cc: Mr.Chris Varra—Varra Companies weldcoufty-ptnesmte P.O. BOX 1489 • FORT COLLINS, COLORADO 80522 • PHONE: 970-493-7780 • FAX: 970-493-7986 AFFIDAVIT OF INTERESTED LAND OWNERS tile:///DI/setSyl.asp AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE Subject Parcel: 120931000049 THE UNDERSIGNED,states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses,and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property(the surface estate)within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site,http://www.co.weld.co.us,and has not been modified from the original. The list compiled from the records of the Weld Cou ty Ass ss was assembled within thirty days of the application's submission date. Signature Date Property Owners Within 500 ft. of Parcel* 120931000049 AME MAILING ADDRESS I PARCEL IDENTIFICATION# i 11955 WELD CO RD 15 NELSON HAROLD E&LA VERNA 120931000060 i LONGMONT,CO 80504 I I 13184 WELD CO RD 13 R&M LAND CO 120736000029 LONGMONT,CO 80504 ADEMACHER FARMS LTD 13184 WELD CO RD 13 120930000035 IABILITY CO LONGMONT,CO 80501 13184 WELD CO RD 13 ADEMACHER LOUIS E&FRANCES 120725000020 TRUSTEES LONGMONT,CO 80501 1RADEMACHER LOUIS J&FRANCES 13184 WELD CO RD 13120930300040 !l_ LONGMONT,CO 80501 PO BOX 17130 RIVER RUNS THROUGH IT LLC 120736000028 BOULDER,CO 80308-0130 PO BOX 17130 RIVER RUNS THROUGH IT LLC 120736000060 BOULDER,CO 80308-0130 436 COFFMAN ST#200 ST VRAIN SANITATION DISTRICT 120931000059 LONGMONT,CO 80501 436 COFFMAN ST.STE 200 ' ST VRAIN SANITATION DISTRICT 120931000055 LONGM_ONT,CO 80501 PO BOX 20.. ARRA COMPANIES INC 49 120931000051 BROOMFIELD,CO 80038-2049 J `�` - �__-:�_-------._ VARRA COMPANIES INC __.___� I VARRA PASQUALE ' PO BOX 2049 120931000048 _ BROOMFIELD,CO 80038-2049 1 of 1 07/03/2001 9:19 AM Identify Results http://maps metric k.com/Vv ehsvle/W cld/seLSq.asp[cmd=aeedet&acct=c) eL.M ),a .. Oil Valuation Account#: O1898901 • Parcel#: 120931000049 Owners Name & Addresst Property Address; PATINA OIL & GAS CORPORATION Street: C/O LOGAN & FIRMINE INC City: 333 W HAMPDEN AVE #740 ENGLEWOOD, CO 80110 Business/Complex: Legal Description LEASEHOLD INT SE4NW4 31 3 67 GOULD P 31-11 JI Land Value $345,751.00 Land Assessed Value $302,530.00 Impr. Value $0.00 Imor. Assessed Value $0.00 Total Value $345,751.00 Total Assessed Value $302,530.00 Total Taxes: Amount Due: Map#: Bordering County: Township Range Section Quart. Sec, Subdivison Name Block# Lot# 03 - 67 - 31 - 0 - - Acres: Sq. Ft.: Sale Price Sale Date Deed TVDe Reception # $0.00 I of 1 07/13/2001 9:03 AM SURROUNDING PROPERTY OWNERS AND/OR SUBSURFACE ESTATES/INTEREST OWNERS GGSWNARRA 3rdAmUSR-248 Louis and Frances Rademacher 13184 WCR 13 Longmont, CO 80501 Gilbert Acord 7541 WCR 26-3/4 Longmont, CO 80501 Pasquale Varra Varra Companies/Sand and Gravel 2130 S. 96th Street Broomfield, CO 80020 St. Vrain Sanitation District 436 Coffman Street, Suite 200 Longmont, CO 80501 Harold and Verna Nelson 11955 WCR 15 Longmont, CO 80504 Joseph Jr. and Judith Timko 7095 WCR 26-3/4 Longmont, CO 80501 Owens Bros Concrete Co. 5550 Sheridan Arvada, CO 80002 J Bar B. Inc. c/o Duane Messner MD 34600 Fox Ridge Rd. Evergreen, CO 80439 R&M Land Co. 13184 WCR 13 Longmont, CO 80504 Duke Energy Field Services, Inc. P.O. Box 1642 Houston, TX 77251-1642 Frank and Jean Sewald 11979 WCR 13 Longmont, CO 80504 Richard and Linda Biella 6254 WCR 26 Longmont, CO 80504 James and Dolores French 6600 WCR 26 Longmont, CO 80504 Thelma Swarts 6856 WCR 26 Longmont, CO 80504 Central Weld Water Dist. 2235 2nd Ave. Greeley, CO 80631 Jennifer Chase 11843 WCR 15 Longmont, CO 80504 Richard Vogl Johnny Edward 7250 WCR 26 Longmont, CO 80504 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners and owners and lessees of minerals in accordance with the notification requirements of Weld County in Case Number 3rd AmUSR-248, in the United States Mail, postage prepaid First Class Mail b letter as addressed on the attached list this 9th day of December, 1998. UMIML- Wendi Inloes fre _ 0 WELD COUNTY DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 FAX (970) 35 FICE1 ADMINISTRATIVE OFFICES 1400 N. 17TH AVENUE 111k. GREELEY, COLORADO 80631 COLORADO December 8, 1998 TO: SURROUNDING PROPERTY/MINERAL OWNERS CASE NUMBER: 3rd AmUSR-248 There will be a Public Hearing before the Weld County Planning Commission on Tuesday, January 19, 1999, at 1:30 p.m., in Room 101, Commissioner's Hearing Room, Weld County Centennial Center, 915 10th Street, Greeley, Colorado concerning the request of: NAME: Colorado Groundwater Resource Services/Varra Companies FOR: A 3rd Amendment to a Site Specific Development Plan and Use by Special Review Permit for a Coal Ash Burial Project. LEGAL DESCRIPTION: Part of the NW4 of Section 31, T3N, R67W of the 6th P.M., Weld County, Colorado. LOCATION: Approximately 1 mile north of WCR 26; approximatley 1 mile west of WCR 15. Your property is within five-hundred (500) feet of the property on which this request has been made or you may have an interest in the minerals located under the property. For additional information write or telephone Ben Patton, Planner. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631, on or before the date of public hearing. SOLID WASTE DISPOSAL SITES AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE ESTATE Legal Description: NW 1/4 Section 31 , T3N, R67W, THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land under as their names appear upon the records in the Weld County Clerk and Recorder's Office or from an ownership update from a title or abstract company or an attorney. *kelt�kG ao Eijx(e5 /0/3,/1) SOLID WASTE DISPOSAL SITES AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATECommission expires jC/3)/ JCC \�� Legal Description: � NW 1/4 Section ~31 , T3N, R67W THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners'of property (the surface estate)within five hundred feet of the property under consideration. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty days of the application's submission date. SOLID WASTE DISPOSAL SITES NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION # Raciarader Trnis J & Elam, J 13184 Weld Co Ri 13 Innttrit, OD 805.701 1209903°0040 Iht Earns tadar Ea Ltd. Liability Oa 13184 14,1d Cb R9 13 I_rgmnt, CO 80501 124930000035 Paord.Gilbe t,P- 7541 W1d Co WI 26 3/4 Iuntmt, OD 80501 120930000009 And Gilbert P . 7541 Wad co Idi 26 3/4 Iar;mit, CO 80501 120929000025 Varna Pas to 2130 S %th St. Bromfield, CO 80020 120931000048 Yana Sand &Gravel Ire. 2130 S 96th St. Bromfield, (D 83020 120931000049 Vann dries Inc. 2130 S 96th St. Bromfield, OD 80020 120931000051 St Viain Sanitation District 436 Ctaffrnan St. SIh tO0 trig-nrt, O0 80501 120931000055 ?else Harold E & LA Verna 11955 F11d CO R9 15 Lag-tmt, CD 80504 120931000026 ri Gilbert P 7541 4bld Co Ri 26 3/4 Ingtunt, OD 80501 120932000029 1inico Josefh T Jr & Judith A /[Fh Ri 26 3/4 lnrgtmt, CO 80`01 120932000028 Ors Bros Car:rete OD 5550 anridan Arvada, CD 80002 120932000027 Ihdstadrer Jells E & Frames J 'Irlstes; 13184 ) 1d Co Ri 13 Irrgtmt, CO 80501 120725000020 J Bar B Inc. c/o Liar G Mrr•M) 34600 Fbx Ridge Rd Bergrt t, N 80439 120736000028 REM Land Cb 13184 Weld (b Ri 13 Ir rgtmt, CD 80504 120736000029 Eulee Energy Field 3arviaes Inc. P.O. B:ic 1642 Houston, IX 77251-1642 120736000027 bald Frank P& L Jean 11979 hCR 13 Iacgtmt, CO 80504 131301100052 Biei la, Ridard A& Linda A. 6254 W_ld OD Ri 26 Lantmt, CO 80504 131106000060 Fitnil, Jaw o M. & ]Mores L. 6600 ? 1.d co Ri 26 Ingmrt, CO 805.7O4 131106000024 SWarts, 'Ilreli a Altha 6856 W`ld Gb Rd 26 Lamont, CD 80504 131106000055 °antral W 1d Co Water District 2235 2nd Ave. Greeley, CO 8:K31 131106000054 Clare, Janrifer M. 11843 W21d Cb Ri 15 Itsamrt, CO 80504 131106000052 Y4ji, Ridard & Jain Edward 7250 Weld thane.26 terntart, co 80`.704 131105000020 NAMES OF MINERAL OWNERS AND LESSEES OF MINERALS Please print or type NAME STATE AND ZIP CODE ADDRESS, TOWN/CITY, Varra Companies , Inc. Colorado 80504 21910 Longmont BERNARD �ARK STREET DANIEL F BERNARD 5,5KII F LYONS,II POSE OFFICE BOX 978 JEFFREY I. LYONS & GADDIS KAHN LONOMONT.CO 80502-0978 JOHN W.GADDIS 303-776-9900 BRADLEY&HALL A PROFESSIONAL CORPORATION FAX303-413-1003 STEVENp RIPPERS ATTORNEYS AND COUNSELORS..eld County Plann.E.M? ittlaw wm WHNDY SLHB RIJDNIK June 11, 1999 JUN 14 1999 RECEIVED Ben Patton Glen Mallory Weld County Planning Department Colorado Department of Public Health 1400 North 17th Avenue and Environment - HMWMD Greeley, CO 80631 4300 Cherry Creek Drive South Denver, CO 80246-1530 Harry Posey Colorado Department of Natural Resources Division of Minerals and Geology 1313 Sherman Street, Room 215 Denver, CO 80203 Re: Varra Companies, Pit No. 1, Weld County, MLRB Permit No. M-74-052; USR Permit 248; CGRS No. 1-135-2755 Gentlemen: I am an attorney representing the St. Vrain and Left Hand Water Conservancy District, which has filed a statement of opposition to a Water Court application filed by the Varra Companies involving the above referenced gravel pits. Through the Water Court proceedings, the District learned of Varra's proposal to dispose of coal ash by burying it in the unlined gravel pits along the St. Vrain River. The District has requested me to write a letter to each of you, stating the District's opposition to the proposed project. The District is concerned about the potential for contamination of surface and ground water sources, since the application proposes the disposal of coal ash within the alluvial aquifer. Based on the information we have reviewed, coal ash is a solid waste, which has the potential for leaching of metals and other contaminants into the local water supply, including the alluvial aquifer and the surface stream. This may lead to contamination of wells and surface water rights in the immediate area, and downstream. There is no scientific basis to determine whether this disposal project will be safe, or to demonstrate that contamination will not occur at this site. The District does not think the State should approve an experiment of this type in the alluvial aquifer, due to the potential for contamination and the difficulties in remediating any such contamination. It is simply not good enough to allow disposal DGBLGWATA\CLIENTS\S\SVLMW\PATTON-MALLORY-POSEY-L.DOC 08/09/99 4.56 PM BERNARD LYONS & CADDIS A PROFESSIONAL CORPORATION ATTORNEYS AND COUNSELORS Ben Patton Glen Mallory Harry Posey June 11, 1999 Page 2 within the aquifer, and if any contamination occurs, to require the removal of the coal ash. That will not remediate any contamination problems which would have already occurred by that point. The District is also concerned that Varra Companies may use this test project as a spring board for disposal of additional waste along the St. Vrain River. The District is very much opposed to such a large scale disposal plan, and does not think it is appropriate to conduct a test within the basin for that purpose. To the extent that any of your agencies have authority to grant or deny the application, the District requests that you deny the application. In addition to these general comments, the District would like to make further specific comments regarding the proposal and regarding the work plan prepared by Colorado Groundwater Resource Services, dated April 1, 1999. First, Varra only looked at wells within Section 31 within 'A mile of the proposed test site. In order to be protective of all water rights in the area, the applicant should consider whether there are any registered or unregistered wells in other parts of Section 31, as well as Sections 29, 30 and 32, Township 3 North, Range 68 West, and in Section 36 in Range 69 West. The report ignores entirely the potential effect of buried coal ash to act as a dam within the alluvial aquifer. Previously, the local geology consisted of primarily sand and gravel, which was removed by the Varra Companies. In its place, the applicant proposes to bury coal ash which is significantly less permeable. That material will act as a dam and change the direction of ground water flow in the aquifer. That may impact the quantity of water available to local wells, in addition to any impacts on the quality of that water. The report indicates that there is very little information regarding water quality in the alluvial aquifer. The report refers to ground water quality samples taken in the Laramie-Fox Hills aquifer near Milton Reservoir. This information is meaningless or misleading for this project. The applicant has not demonstrated that the Laramie-Fox Hills aquifer is connected to the alluvial aquifer in this area or that it even exists under the Varra mine site. The samples referred to were taken 15 miles away in an entirely separate aquifer. The Laramie-Fox Hills aquifer near Milton Reservoir is also known to have poor water quality due to the existence of coal seams and other \\GBLG\DATA\CLIENTS\S\SVLHW\PATTON-MALLORY-POSEY-L.OOC 06/09/99 4 56 PM BERNARD LYONS & GADDIS A PROFESSIONAL CORPORATION ATTORNEYS AND COUNSELORS Ben Patton Glen Mallory Harry Posey June 11, 1999 Page 3 naturally occurring formations within that aquifer. Those formations are not present in the alluvial aquifer in the St. Vrain River basin. The applicant should be required to do significantly more ground water and surface water sampling in this area before consideration of any pilot plan for this location, not after. There are not enough monitoring wells proposed in and around the project site. The report does not mention the changes in ground water levels or water quality which may occur at different times of the year. The amount of ground water, its rate of flow, and its quality may vary from season to season and month to month, based on irrigation use in the area which will in turn have some affect on leaching of heavy metals or other contaminants from the coal ash. The applicant should be required to conduct frequent, periodic samples throughout the year, perhaps for several years, before being allowed to begin a project of this type. Any project should be significantly smaller than proposed by the applicant. Since there is no control over the local hydrology, it would be more appropriate to conduct this type of a test or pilot project outside of the alluvial aquifer altogether. Finally, there is no contingency plan to remove any contaminants that may leach out from the pilot project, or to help well owners or owners of other water rights whose source of supply may be contaminated by this type of project. For all of the reasons stated in this letter, the District urges you to deny the application for this project. If you have any questions, please give me a call. Yours truly, BERNARD,LYONS & GADDIS, a Professional Corporation By — Steven P. Jeffer SPJ:bl cc: Les Williams Christopher L. Varra Joby L. Adams, P.G. \\GSLG\DATA\CLIENTS\S\SVLHW\PATTON-MALLORY-POSEY-L.DOC 06/09199 4.56 PM Hello