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EXHIBIT
1 •
2-H
2001-2471
BOATRIGHT, RIPP & SHARPE, LLC
Attorneys at Law 4315 WADSWORTH BOULEVARD
WHEAT RIDGE,COLORADO 80033
TELEPHONE (303)423-7131
THOMAS R.RIPP Weld County Planning Dept. FAX (303)423-7139
tolnripp a,gwest.net
I
t
RECEIVED
AUG1 02001
August 7, 2001
WELD COUNTY
ATTORNEY'S OFFICE
Lee D. Morrison
P.O. Box 948
Greeley, Colorado 80632
Dear Lee:
I'd appreciate it if you could review the enclosed letter to the Board of County
Commissioners, and present it to them. If you have any questions, feel free to call me.
Sincerely,
BOATRIGHT, RIPP & SHARPE—LLC
omas . pp
BOATRIGHT, RIPP & SHARPE, LLC
Attorneys at Law 4315 WADSWORTH BOULEVARD
-- - WHEAT RIDGE,COLORADO 80033
TELEPHONE (303)423-7131
THOMAS R.RIPP FAX (303)423-7139
tomrippc.gwest.net
August 7, 2001
Members of the Planning Commission
and the Board of County Commissioners
of Weld County
1555 N. 17th Avenue
Greeley, Colorado 80631
RE: Varra Companies, Inc.
USR 1341
Township 1 North, Range 68 West
Section 25: SNW4 (portion)
Weld County, Colorado
Dear Commissioners:
You recently received a letter dated July 9, 2001, from the attorney for RME Land
Corporation and RME Petroleum Corporation(referred to in this letter collectively as "RME").
RME objects to USR application 1341 on the grounds the surface owner has not entered into an
agreement with RME concerning the development.
Varra Companies, Inc. ("Varra") does not dispute that RME owns the mineral rights in the
property covered by USR 1341. There is a marginal oil well on the property. It is also likely that
there is a coal seam under or near the property. Coal mining on this type of property, however, has
not been economically viable on the front range of Colorado for decades. There have been no active
coal mines in the area since 1979, and only three mines have operated since the 1950s. A U.S.
Geological Survey Report written in 1999, a copy of which is attached to this letter, concluded that
coal in the Denver Basin in not likely to be recovered for at least the next twenty to thirty years. In
addition, due to subsidence issues, obtaining a permit to extract coal in this area may be impossible.
It is not an accident that there has been no coal development on the property between 1902, when the
mineral rights were granted to RME's predecessor in interest, and 2001.
Members of the Planning Commission
August 7, 2001
Page Two (2)
Indeed, the fact that the property is used for the"dirty industry" of oil drilling, and may be
used for coal mining at some future date, supports the appropriateness of the operation of an asphalt
and concrete batch plant as a land use. It is better to develop this type of operation on property that
already has a mining/industrial use, than on a property where this use could pose a new source of
discontent to residential, agricultural and environmental interests. Good corporate citizens, like
Varra, prefer to develop existing "brown fields," rather than pristine "green fields," when it is
feasible to do so.
The fact that asphalt and concrete batch plants are temporary structures, typically in place
for only five or ten years on only a small part of the entire parcel of land, rather than a form of
permanent development that covers the entire parcel, also mitigates any concerns that may be
raised about interference with the rights of the mineral owner by the surface owner.
Varra notes that it has not failed to give any legally required notice to RME. House Bill
01-1088 took effect after Varra made its application to the commissioners.' Furthermore, the
letter you.received from RME's able attorney shows that RME received actual notice of Varra's
application. So, RME has not been harmed in any way by a lack of formal notice, which is the
only right HB 01-1088 provides to mineral interest owners.
RME implies in its letter that it has a legal right to an agreement concerning development
of the property with the surface owner. But, RME knows that while it has a right to input into the
USR approval process, like any other citizen, it does not have a right to veto the commissioner's
actions regarding the USR. Similarly, RME does not have any legal right to demand that the
surface owner enter into an agreement with it. RME is objecting to this USR not for the purpose
of preserving its own rights, but for the purpose of shaking down a local business for money in
exchange for worthless coal rights. RME's private discussions with Varra have been more
revealing than its public statements. RME has not asked for any restraint in development activity
from Varra, because it will probably never be economically feasible to mine the coal under this
land. Instead, RME has simply threatened to bog down the development approval process for
Varra, unless Varra pays RME $10,350 to buy back RME's mineral rights.
RME's threat that Weld County approval of this USR could constitute a constitutional
taking is idle. Enacting regulations which effectively deprive an owner of property can constitute
a constitutional taking, for which the property owner is entitled to compensation under the Fourteenth
Amendment to the United States Constitution? Indeed, this principal applies with equal force to
regulatory actions which deprive a surface owner of all reasonable the use of his property.3 For
example, it might constitute a"taking" if Weld County refused to allow Varra to make any permanent
The effective date of the bill was July 1,2001. FIB 01-1088, Section 7 (signed by Governor,April 30,2001).
2 Nollan v. California Coastal Com'n,483 U.S. 825, 94 S.Ct.3193,41 L.Ed.2d 67 (1987)(government requirement that
ocean front property owner grant a new public easement across his land was a taking).
3 See e.g., East Coast Lumber Terminal v. Town of Babylon, 174 F.2d 106(2d Cir. 1949).
Members of the Planning Commission
August 7, 2001
Page Three (3)
construction of any type on the property in deference to the mineral interest owner's alleged rights.
But, the U.S. Constitution still permits substantial regulation of a mineral owner's property rights.4
Furthermore, no court has ever held that allowing a property's surface owner to use
property free of the limitations ordinarily imposed by a provision of a county land use code
constitutes a governmental taking. Regulation of property rights is measured for constitutional
"takings"purposes against the right to use one's own property as one sees fit.5 Freeing a private land
owner from governmental regulations which would otherwise apply, is not a deprivation of property
subject to Fourteenth Amendment. A government's act of saying "no" is sometimes a constitutional
"taking", but saying"yes" is never a constitutional "taking." The mineral interest owner might,
conceivably, have a right to sue the surface owner, if the surface owner's use of the property
exceeded the scope of a surface owner's rights. But, in that case, it is the act of the surface owner,
and not the act of the government that injuries the mineral owner.
Varra is not itself concerned about any private suit from RME, because a surface owner
enjoys the right to use the entire surface of the land without the consent of the mineral owner, as
long as the use does not preclude exercise of the mineral owners privilege to use the land to reach and
extract minerals.6 A mineral interest owner must support the surface in the course of its mining
operations, and does not have a right to injure or destroy the surface except as necessary to access the
mining sites and drill a tunnel to the mineral deposits, unless the mineral deed expressly provides
otherwise.? In fact, even when all mineral rights are severed from the surface rights, as s
they have been in this case, the surface owner retains the sand and gravel rights to the property.
And, sand and gravel rights necessarily include the right to erect machinery not unlike the asphalt and
concrete batch plant Varra proposes to erect here.
4 See e.g., Keystone Bituminous Coal Ass'n V. DeBenedictis,480 U.S.470, 107 S.Ct. 1232,94 L.Ed.2d 472(1987)
(prohibition of mining 50%of coal under pre-existing buildings and cemeteries is not a constitutional taking); Texaco,
Inc. v. Short, 454 U.S. 516, 102 S.Ct. 781,70 L.Ed.2d 738(1982)(law causing forfeiture of mineral leases upon failure to
record renewal every twenty years is not a taking);Murphy v. Amoco Production Co.,729 F.2d 552 (8th Cir. 1984)
(statutes requiring owners of mineral interests created before enactment of the statute to compensate surface owners for
actual damages caused by mining and drilling are not takings).
5 Sundheim v. Board of County Com'rs of Douglas County, 904 P.2d 1337 (Colo. App. 1995)aff d 926 P.2d 545 (Colo.
1996).
6 Gerrity Oil& Gas Corp. F. Magness,946 P.2d 913 (Colo. 1997).
7 Smith v. Moore, 172 Colo.440,474 P.2d 794(1970);Rocky Mouhtnain Fuel Co. v. Heflin, 148 Colo. 415, 366 P.2d 577
(1962); William E. Russell Coal Co. v. Board of County Com'rs of boulder County, 129 Colo. 330,270 P.2d 772(1954);
Burt v. Rocky Mountain Fuel Co., 71 Colo.205,205 P. 741 (1922).
8 Farrell v Sayre, 129 Colo. 368,270 P.2d 190(1954).
Members of the Planning Commission
August 7, 2001
Page Four(4)
If the coal seam under the USR land suddenly becomes viable during the term of the USR,
Varra, as a surface owner with prior notice of the mineral interest, will have every legal incentive to
make way for mineral development as a consequence of the property rights of mineral owners as a
consequence of the legal authority cited by RME's attorney in her letter to you. No development
stipulations or independent agreements with the mineral owners are necessary to secure this
cooperation. But, until then, RME's mineral rights are not a matter which should concern the
commission. The commission should simply consider this USR application on its merits without
giving any special weight to RME's ungrounded concerns and unreasonable demands.
Sincerely,
BOATRIGHT, RIPP & SHARPE, LLC
omas R. Ripp
AOW:TRR:lma
cc: Weld County Attorney, Molly Summerville, Client
FCC
-Z USGS
Chapter SD
SUMMARY OF TERTIARY COAL RESOURCES OF
THE DENVER BASIN, COLORADO
By D. J. Nichols
in U.S. Geological Survey Professional Paper 1625-A
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994,Resource assessment of selected Tai n.0 y c,ea hed•AN
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Contents
Introduction SD-1
Stratigraphy SD-1
Description of Coal Zone SD-2
Coal Quality SO-3
Original Resources SD-4
Production History SL)-4
Conclusions SD-5
References Cited SD-6
Figures
Si)-l. Geologic map of the Denver Basin.
SD-7. Index map of the Denver Basin.
SD-3. Generalized stratigraphy of uppermost Cretaceous and lower Tertiary
rocks in the Denver Basin.
SD 4. Generalized stratigraphy of the Denver lignite zone in the Scranton
district (central Denver Basin) and Ramah-Fondis area (southern
Denver Basin).
SD-5. Lignite bed of the Denver Formation in outcrop in Big Gulch, Elbert
County, Colorado, in the Ramah-Fondis area.
Table
SD I . Ranges of analyses of Denver Formation lignite (as-received basis)
SD-ii
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INTRODUCTION
The Denver Basin of northeastern Colorado contains rocks predominantly of
Late Cretaceous and early Tertiary age (fig. S1)-1). Coal of Tertiary (early
Paleocene) age is present in the upper mart of the Denver Formation in the
basin (fig. SD-2). These coal deposits have low importance in the current
National Coal Resource Assessment_ They arc unlikely to he utilized within
the next 20-30 years because they are of lower quality than other coal
available in nearby areas. This report briefly summarizes the geology,
occurrence, quality, and production history of these coal resources.
Additional information can be found in the references. Coal deposits of Late
Cretaceous agc that also arc present in the Denver Basin are not discussed in
this summary.
STRATICRAPHY
Figure SD-3 shows the gencraliced uppermost Cretaceous and lower
Tertiary stratigraphy of the Denver Basin. Coal (lignite) of early Paleocene
age is in the "Denver lignite zone" (Kirkham and Ladwig, 1979) within the
Denver Formation. The Denver Formation itself ranges in age from Late
Cretaceous (Maastrichtian) to early Paleocene. It overlies the Arapahoe
Formation of Late Cretaceous age. and it is partially overlain by the mostly
correlative Dawson Arkose. a unit of Maastrichtian to Eocene age present
primarily in the southern part of the basin, and which lacks significant coal
beds (Landis, 1959; Soister, 1978; Soister and Tschudy, 1978; Kirkham and
Ladwig, 1979; Kluth and Nelson, 1988). The Denver Formation ranges in
thickness from 600 to 1,580 ft and consists primarily ofc:laystone. siltstone,
and fine-grained sandstone; it includes minor conglomerate beds and local
5t>•I
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N<.uurce a•ussmenl of selrc(rd 1vr++dry r,.al M,1s arr.l
_ +11 itte tUUII)Hr to rhj ttirri ivraa u,i$,..NUr1iNT4 R..sky Mwuam+i,anJ tircal t1Jr,ta.asf.r,1
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lava flows. Carbonaceous shale and lignite arc present in the upper 300-500
ft of the formation east of the basin axis (Kirkham and Ladwig, 1979).
As shown in figure SD-2, the Denver lignite zone has two principal areas of
occurrence within the basin, the Scranton district to the north, east of the city
of Denver, and the Ramah-Fondis area to the south (Landis, 1959). The
stratigraphy of the lignite zone differs in these two areas, as shown in figure
SD-'1, and the names of the significant lignite beds differ as well. The coal
bed names are informal.
DESCRIPTION OF COAL ZONE
Outcrops of the Denver Formation lignite are scarce: and data on the
thickness and lateral extent of beds is based on drill holes (Kirkham, 1978a).
In the Scranton district the principal lignite beds range in thickness from 10
to 30 ft; the E lignite bed (also known as the Watkins bed) reaches a
maximum thickness of 54.5 ft, and it can be traced for as much as 24 rni
(Kirkham and Ladwig, 1979). There is no stratigraphic continuity of lignite
beds between the northern and southern lignite areas, however. The region
between the productive areas is nearly barren of lignite (Kirkham and
Ladwig., 1979).
In the Ramah-Fondis area the principal beds range in thickness from 5 to 10
ft or more except for the Wolf bed, which is the. thickest; it ranges from 18 to
28 ft thick (Kirkham and 1.adwig, 1979). In both areas, thinner lignite beds
are present also.
Most of the coal beds in the Denver lignite zone contain several non-coal
partings, at least some of which are deposits of volcanic ash; others are
so.>
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U.S.Cieolagicai timrcy rm(cssional r 1 c,uir•A
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claystone, sittstone, or sandstone (fig. SD-5), Parting thicknesses range from
less than 0.1 in to more than 2 ft. The cumulative thickness of partings
amounts to 5-30 percent of the total thickness of individual beds (Kirkham
and Ladwig, 1979).
Detailed isopach maps of the principal lignite beds were published by
Kirkham and Ladwig (1979, plates 2-4) for both the Scranton district and the
Ramah-Fondis area. Brand and Eakins (1980, plates 12-22) published
isopach and structure maps of the lignite beds, an isopach map of
overburden, and cross sections of the Denver lignite zone in the Watkins-
Lowry area (Scranton district). In the Watkins area the E lignite bed is less
than 200 ft below the surface. Overburden thickness is highly variable in the
Ramah-Fondis area due to erosional downeutting by local streams.
•
Throughout much of this area the Comanche bed is within 200 ft of the
surface, although west of West Bijou Creek the overburden is more. than 300
ft thick. Alluvial valley floors occupy parts of both areas.
COAL QUALITY
Kirkham and Ladwig (1979) state that most analyses of lignite from the
Denver Formation indicate that the rank of the coal is lignite A, although a
• few thin intervals within thick beds may rank as high as subbituminous C
coal. The Comanche bed in the Ramah-Fondis area appears to have the
highest quality of all Denver lignite zone deposits. The ranges of typical
analyses arc shown in table 1 (data from Tremain and others, 1996); detailed
data are available in Kirkham (19781)) and Khalsa and Ladwig (1981).
sn.1
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►-
Table SD-I. Ranges of analyses of Denver Formation lignite (as-received
basis)
Btu's per pound :Moisture(%) • Ash(%) :.Sulfur(%)
4,(ntt)-7,000 22-40 i 8-a0 0.2-0.6
ORIGINAL RESOURCES
Landis (1959) estimated 489 million loves of lignite to have been originally
present in the Scranton district and 474 million tons in the Ramah-Fondis
arca. Hornbakcr and others (1 976) revised these estimates upward to a total
of 12,469 million tons for all Paleocene coal in the Denver Basin. Kirkham
and Ladwig (1 979) accepted an estimate of 10-15 billion tons of lignite to be
present in beds 4 ft or more in thickness within 1,000 ft of the surface in the
Denver Formation.
PRODUCTION HISTORY
Mining of coal from the Denver lignite Anne apparently hewn in the late
18(X)'s. Peak production occurred in the 1920's and 1930's (Kirkham and
Ltadwig. 1980). Total production from early mines operating in the Scranton
district was 35.789 tons (Kirkham and Ladwig, I979). Five mines near
•
Ratnah and four near Fondis, Colorado, were in operation between 1909 and
1940; they produced a total of 3,047 tons of lignite (Kirkham and Ladwig,
•
•
Si)-A
Cht:k! t:i !;f;At tht•I I(b:I! Iw+•l It .•nua:�.(zcc:nr:m Of tcicc ed'ramify coat hods and
if(hh+w;Urlii,c'r t; ,^;1,!(;. naves ir.OM N+Ntla:ru k+i:Ar PI-iat MOO
Sur•cv Yrofcssimal i•'arer l 6?3-
JUL-.a. I a 1 FA C]b FPt 'u RRe. r 1-'.i r-� '_F � '� •y F . 1 FJ
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1979). No mining of Denver Formation lignite deposits has taken place since
1940.
CONCLIJSIONS
The last mine that extracted lignite from the Denver Formation closed in
1940. These resources probably will not be used in power plants in the next
•
20-30 years because of the relative abundance of coal of better quality in
nearby areas (Kirkham and l.adwig, 1980). Those areas include western
Colorado and northeastern Wyoming. The present and future importance of
the Denver Basin with regard to energy production is more cithely linked to
oil and gas resources than to coal (Higley and others, 1995).
•
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REFERENCES CITED
• Brand, K.E., and Eakins, Wynn, 1980, Coal resources of the Denver East 1/2
x 1" quadrangle, Colorado: Colorado Geological Survey, Resource
Series 13, 25 plates.
• Higley, U.K., Pollastro, R.M., and Clayton, .l.E.. 1995, Denver Basin
Province, in Gautier, DL., Dolton, Ci.l.., Takahashi, K.I., and Varncs,
K.L., eds., 1995 National Assessment of United States Oil and Gas
Resources—results, methodology, and supporting data: U.S.
Geological Survey Digital Data Series DDS-30, Release 2.
Hornbaker, A.L., Holt, R.D., and Murray, 1).K., 1976, 1975 summary of
coal resources in Colorado: Colorado Geological Survey, Special
• Puhlication 9, 17 p.
•
•
Khalsa, N.S., and Ladwig, L.R., eds., 1981, Colorado coal analyses 1976-
1979; Colorado Geological Survey, Information Series 10, 364 p.
Kirkham, R.M., 1978a, Location map of drill holes used for coal evaluation
in the Denver and Cheyenne Basins, Colorado: Colorado Geological
Survey, Open-File Report 78-8.
19781, Coal mines and coal analyses of the Denver and Cheyenne
Basins, Colorado: Colorado Geological Survey, Open-File Report 78-9.
•
Kirkham, R.M., and Ladwig, L.R., 1979, Coal resources of the Denver and
Cheyenne Basins, Colorado: Colorado Geological Survey, Resource
•
• Series 5, 70 p., 5 plates.
SU•6
! Ilk h're: •ir '!rr ti'n.3 SyeiMA I99!IKt'ft'Wt asussmeneof Seri;ted Tenv.toyct,ait,vh.md
I i{1 the t.J6tt}ilr to r'3torrt. in. .•No.tbru.Riwty Muuneai...;uul(:,.:+1 IM sin.t.:y,w.
U.S.4a•ht(ical Sub w.).th.t(.sionat I'a(,dr 14.?•A
L.11_ .-L91 FI)9 :.. Hr kx ,.ry w. i F .
•
USGS —rr Dow-
lra dww,-w
1980. Energy resources of the Denver and Cheyenne Basins,
Colorado: Colorado Geological Survey, Environmental Geology 12,
258 p., 2 plates.
•
Kluth, C.F., and Nelson, S.N., 1988, Age of the Dawson Arkosc,
southwestern Air Force Academy, Colorado, and implications for the
•
uplift history of the Front Range: Mountain Geologist, v. 25, no. 1, p.
29-35.
•
Landis, F.R., 19.59, Coal resources of Colorado: U. S. Geological Survey
•
Bulletin 1072-C, 232 p., 3 plates.
•
•
Soister, P.G., 1978, Geologic setting of coal in Denver Basin, in Pruitt, J.D.,
and Coffin, P.E., eds., Energy resources of the Denver Basin: Rocky
Mountain Association of Geologists, 1978 Symposium, p. 183-185.
•
Soister, P.E., and Tschudy, Rif., 1978, Eocene rocks in Denver Basin, in
Pruitt, ID., and Coffin, P.F.., eds., Energy resources of the Denver
Basin: Rocky Mountain Association of Geologists, 1978 Symposium,
p. 231-235.
•
Tremain, C.M., Hornhakcr, A.1.., Holt, R.D., Murray, U.K., and Ladwig,
L.R., 1996, 1995 summary of coal resources in Colorado: Colorado
Geological Survey, Special Publication 41, 19 p.
•
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Crick here(jr a lIii syr:h::1 Iu•ri ROl,IKC acsasnnm nr;cicacd Tcnian.coal hJs and
Fri li,r IOulhar 4, return yonog in,A..Nor h,...Rocky Mnnnrnins And r.nn.,Mnin,n,c:,y,
U.S.G:nl.ric:d Survey r.nL•sei,nal r:nnr Ih2L A
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. ...•. c611E[E (CIld.iS _y.: ,,, _. .. - _. .. _.. ..
in 111E toolbar l Ieturn.
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r
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105 1111 Eolian deposrs 1i cc
I'
i I Alluvium
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r - - r
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G rg ._ Upper Davison Formation
ilk ' ' ici Paleocene and Cretaceous
..-<1 Denver and Lower Dawson Formations
:1...\
I 1 Arapahoe and Denver Formations
I1 //r -- Upper Cretaceous
t - Laramie Formation
kh 1 }• FOX Hills Sandstone
I
Pierre Shale,undivided
lj 41 Colorado Group
I Lower Cretaceous
``r' .'=t C'€`.",�Dakota Group
e utor: _
Mesozoic and Paleozoic -
-Mesozoic and Paleozoic.undifferentiated y _
7g - - Middle and Upper Pennsylvanian
i l WHO
�. fil*,l Fountain Formation
Colorado-I 1 n -ra.k
Spnnes Precambrian
`C it - Pikes Peak Batholilh
I ill: 41.1'-'i0
- Bictitic gneiss and schist
0 10 20 Miles
I
0 10 20 Kilometers
Figure SD-1. Geologic map of the Denver Basin.
•
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Figure SD-2. Index map of the Denver Basin (orange), Colorado, showing counties, the
Denver metropolitan area, other major cities, area of occurrence of potentially strip':pa! I•
lignite (defined as beds less than 200 ft in depth, shown in gray on map) in the Denvl I'
Formation, and coalfields where mines were active in the past (black). The basin margi
is drawn at the base of the coal-bearing part of the Upper Cretaceous Laramie Form.ati
modified from Landis (1959) and Kirkham and Ladwig (1979, 1980).
ZUSGS
c irk harp of xr l_issrmhol
iitap «�in the b_6 fur b relurr.
S N
Eocene
f ,
(part) Dawson Arkose
Paleocene
Denver Formation
Upper Arapahoe Formation
Cretaceous :-,._,C\ y \
(part) Laramie Formation
Figure SD-3. Generalized stratigraphy of the uppermost Cretaceous and lower Tertiary
rocks in the Denver Basin. Lignite deposits of early Paleocene age exist in the Denver
Formation, Modified from Landis {1959) and Kirkham and Ladwig (1979), incorporating
age data from Soister and Tschudv (1978) and Kluth and Nelson (1988).
ZUSGS
KinKI Si•Mwarnywoij
.witial- T'..L-. Clat tteJe r:.21t this Li,witd
in the to[.bcr t3 fel et
`,YCI2r Li
Dawson Arkose
Dawson Arkose
A lignite bad Wolf bed
B lignite bed _
C lignite bed Comanche bed .
D lignite bed •
upper, middle,
E lienite bed Denver and lower p Denver
Formation Kiowa beds Formation
unnamed
lignite beds a
Bijou bed
Scranton district Ramah-Fondis area
Figure SD-a. Generalized stratigraphv of the Denver lignite zone in the Scranton district (central
Denver Basin) and Ramah-Fondis area (southern Denver Basin). After Kirkham and Ladwig (1979);
not to scale.
USGS
liarrisip +-
4 '. n
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1 � it `d
?tiI11?, : tt.uIir1.
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.,I1 I,
2
eY 3 Ir01. 1 If
i . x
r n „
I , t.
'
TI t,il d
I '.• '!
;,I
;.
li
Figure SD-5.. Lignite bed of the Dem'er Formation in nutcrup in Big Gulch, Elbrt
Count v, CoHrradn, in the Raanah-Fondi, area. Not p rot niuent non-coal parting.
USGS
Intact ftv t Mwgiq wont
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IC
i
Weld County Planning Dept.
• t RECEIVED
Iiive 4 1 June 29, 2001
COLORADO C1\
The Weld County Department of Planning Services has received the following item for review:
Applicant
Colorado Groundwater Case Number 3r° AmUSR-248
Resource Services/Varra
Companies
Jul 20, 2001 Planner Julie Chester
Please Reply By Y ecial Review
Project 3r° Amendment to a Site Specific Development Plan and Use by Sp
Permit for a Coal Ash Burial Project.
Legal Pt. of NW4 of Sect. 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.
Parcel Number 1209 31 000049
The application is submitted to you for review and recommendation. Any comments
or listed recommendation date that
you consider relevant to this request would be appreciated. Please reply by
we may give full consideration to your recommendation. Any response may be deemed to be a positive response to the Department of Planning Services.receivedI byourhave any further
questions regarding the application, please call the Planner associated with the request.
Weld County planning Commission Hearing (if applicable) August 21, 2001
U>de have reviewed the request and find that it does/does not comply with our Comprehensive Plan
rst We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Comments:
Signature
Date 6 e
Agency
+Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax
Weld County Planning Dept,
, ---4 ° RE EIVED
t ► - - -
e){ 1
6
June 29, 2001
•
COLORADO U
The Weld County Department of Planning Services has received the following item for review:
Applicant
Colorado Groundwater Case Number 3rd AmUSR-248
Resource Services/Varra
Companies
Julie Chester
Please Reply By July 20, 2001 Planner Special Review
Project 3r° Amendment to a Site Specific Development Plan and Use by Sp
Permit for a Coal Ash Burial Project.
Legal Pt. of NW4 of Sect. 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.
Parcel Number 1209 31 000049
recommendation
The application is submitted to you for review and recommendation.
Please reply by the aboverlisted date so that
you consider relevant to this request u would be appreciated.
we may give full consideration to your recommendation. Any response not received before or on this date
may be deemed to be a positive response hll the Planner
to the Department
artmet of Planning Services. If
with the request.
you have any further
questions regarding the application, please •
Weld County Planning Commission Hearing (if applicable) August 21, 2001
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
XWe have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Comments:
Date `i j$
Signature
\r, p \_jL7
Agency ! 1 '
�
+Weld County Planning Dep.
>1555 N. 17th Ave.Greelea,CO.80631 70)353-61 0 ext.354 +(970)304-6498 fax
Weld County Planning Dept.
CO . i- LG20uI
ilLitIVED
d County efe ral
'
WIlD 7
June 29, 2001
C
COLORADO a
. The Weld County Department of Planning Services has received the following item for review:
Applicant Colorado Groundwater Case Number 3rd AmUSR-248 ,
Resource Services/Varra
Companies
Please Reply By July 20, 2001 Planner Julie Chester
Project 3r°Amendment to a Site Specific Development Plan and Use by Special Review
Permit for a Coal Ash Burial Project.
Legal Pt. of NW4 of Sect. 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.
Parcel Number 1209 31 000049
The application is submitted to you for review and recommendation. Any comments or recommendation
you consider relevant to this request would be appreciated. Please reply by the above listed date so that
we may give full consideration to your recommendation. Any response not received before or on this date
may be deemed to be a positive response to the Department of Planning Services. If you have any further
questions regarding the application, please call the Planner associated with the request.
Weld County Planning Commission Hearing (if applicable) August 21, 2001
We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
We have reviewed the request and find no conflicts with our interests.
J See attached letter.
Comments: %a , -6.-e-
/:"4�'Av ticu. (1,27sent.:71-- /4 -CG4 -
Signatur� t � Date 7/7/6/
Agency .n z o<>ti r-el-ei —//977'a s/3
+Weld County Planning Dept. 41555 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext.3540 :•(970)304-6498 fax
I
. —s
:
. •
June 29, 2001
IiipWeld County Planning Dept.
C �, io2u0'
•
COLORADO RECEIVFfl
The Weld County Department of Planning Services has recely a following item for review:
Colorado Groundwater Case Number 3rd AmUSR-248
Applicant Resource Services/Varra
Companies •
Please Reply By July 20, 2001
Planner Julie Chester 1
Project 3rd Amendment to a Site Specific Development Plan and Use by Special Review
Permit for a Coal Ash Burial Project. 1
Legal Pt. of NW4 of Sect. 31, T3N, R67W of the 6th P.M., Weld County, Colorado. I'
Location Approximately 1 mile north of WCR 26; approximately 1 mile west of WCR 15. {
Parcel Number 1209 31 000049 mmen The application is submitted to you for review and recommendation.
iated. Please reply by the diabove tsrlreco date elation
you consider relevant to this request ion to u would be app
we may give full may be deemed to be a positive r response to the Department of Planning Services. If yor recommendation. Any response not received u rhave any further
questions regarding the application, please call the Planner associated with the request.
Weld County Planning Commission Hearing(if applicable) August 21, 2001
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Comments:
Date zyr ___
Signature
Agency
+Weld County Planning Dept. +1555 N. 17th Ave. Greeley,CO.80631 +(970)353-6100 ext.3540 4(970)304-6498 fax
ockg,� Coors Brewing Company
'VW Golden, Colorado 80401-0030
Weld County Planning Dept.
t
- 7 2G0i
RECEIVED
July 13, 2001
Weld County Colorado Department of Planning Services
1555 N. 17th Avenue
Greeley, CO 80631
Re: Case Number USR-341
To Whom It May Concern:
Thank you for your referral regarding the above noted case involving the Varra
Companies' application for an aggregate operation in the Northwest 1 quarter, of Section
— 25, Township 1 North , Range 68 West, Weld County, Colorado. Coors Energy
Company is the owner of land 500 feet to the south of the subject property.
Coors received notice of this application during the week of July 9, and therefore, will
not have the opportunity to fully understand the application itself, intended uses or
duration of uses to be conducted in the proposed operation. It is our understanding that a
hearing concerning this application will be held next Tuesday, July 17.
Given the shortness of notice, Coors Energy Company cannot make a comment regarding
the application prior to the hearing. However, we do want to reserve our opportunity to
understand and comment upon the application within the next month. It is my intent to
contact the Varra Companies directly, to understand the application and plans for the
subject property.
If you or Varra Companies wish to contact me,please call me at 303-277-2028.
Sincerely,
UO.,,,,' 1,6tGL , 0774=-i- II lddnun t 7
en f✓. c Wed .G-cu,
Neil Jaquet G
Director of Water Resources and Real Estate
Coors Brewing Company on behalf of Coors' subsidiary Coors Energy Company
rti
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