HomeMy WebLinkAbout20012775 JUL-13-01 01 :58PM FROM-DAVIS, GRAHAM & STUBBS 3038931379 T-437 P.02/05 F-350
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Davis Graham s[ Stubbs LLP
July 13, 2001 .
Mr. Chris Gathman
Weld County Department of Planning Services
1555 North 17th Avenue
Greeley, CO 80631
Re: #USR-1341, SUP Application of Varra Companies, Inc.
Township 1 North,Range 65 West
Section 25: S/2WN/4
Weld County, Colorado
•
Dear Mr. Gathman:
This law firm represents HS Resources, Inc. ("HSR") and HS Gathering, L.L.C. ("HSG")
with respect to their oil and gas and surface easement rights in the above captioned lands(the
"Property"). HSR owns oil and gas leasehold interest in the Property and has the right to use as
much of the Property as is reasonably necessary to produce oil and gas underlying the Property.
Enclosed please find HSR's Notice of Oil and Gas Interests and Surface Use,recorded December
7,2000 at Document No. 2811879 of the real property records of Weld County, describing
HSR's leasehold interests and surface use rights. You are also advised that HSG has a pipeline
easement that traverses the Property.
HSR and HSG have not executed a surface use agreement with your applicant that
accommodates surface and mineral development. HSR seeks to protect its legal surface locations
for purposes of existing and future development,while HSG must protect its pipeline easement
from encroachment and/or damage. Surface development that does not account for the pipeline
could create substantial health and safety risks. HSR and HSG request that you consider the oil
and gas property rights and pipeline easement as you evaluate the special use permit for the
proposed asphalt and concrete plant.
Very truly yours,
101
Dustin M. Ammons
for
DAVIS GRAHAM & STUBBS LLP
Enclosure
cc: C. Greneaux of HS Resources (without attachments) EXHIBIT
Dustin M.Ammons . 303 892 7488 . dusnnammons®dgslaw.com
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2001-2775
JUL-13-01 01:59PM FROM-DAVIS, GRAHAM & STUBBS 3038931379 T-43T P.03/05 F-359
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1 or 3 R 16.00 R MOO Weld Gauen,00
NOTICE OF OIL AND GAS INTERESTS AND SURFACE USE
This Notice of Oll and Gas Interests has been prepared and is being filed of record by liS
Resources, Inc., (hereinalicr, "tiSR") whose address is 1999 Broadway, Stoke 3600, Denver,
Colorado, for the purpose of providing additional public notice of its rights to make use of the
surface of the lands described below for oil and gas exploration,development and related operations.
For such purpose,USE hereby stales as follows:
HSR Is the owner of certain oil and gas leasehold rights and contractual tights affecting the
following described lands in Weld County,Colorado(the"Lands")!
Township 1 North,Range 68 West,6th P.M.
Section 25;N/2
IISR's rights in the Lands derive from those valid and subsisting oil and pa leases and joint
operating agreement which are described on Exhibit"A",attached hereto and incorporated herein,
and have been duly recorded in the office of the Clerk and Recorder of Weld County oh:"'.oases
and Contracts"). -
Under the Jaws of the State of Colorado and the provisions of the Leases and Contracts,HSR
has certain rights to occupy and make use of the surface of Ow Lands,which rights include but are
not limited to the right to PROSECUTE OIL AND GAS DRILLING AND COMPLETION
OPERATIONS;PRODUCTION,TRANSPORTATION AND MARKETING OF OIL,GAS
OR OTHER HYDROCARBON PRODUCTS AS WELL AS RIGI ITS Of ACCESS AND USE
OF THE SURFACE OF THE LANDS FOR CONSTRUCTIONS INSTALLA'T'ION,
MAINTENANCE, REPAIR,REPLACEMENT AND MONITORING OT WELLS, WELL
LOCATIONS, EQUIPMENT, MUD AND RESERVE PITS, SEPARATORS, TANK
BATTERIES, PIPELINES, GATHERING LINES, FLOWLINES, PIPELINE
INTERCONNECTIONS AND ANY AND ALL OTHER REASONABLE OR CUSTOMARY
USES OF THE LANDS RELATED TO SUCH OPERATIONS.
Lrxhibit"B" attached hereto is a plat of the Lands showing the allowable locations under
Colorado Oil and Gas Conservation Commission Rule 31$A and indicates potential drlllaite
locations where oil and gas drilling operations may occur.
This Notice is intended to remain in effect for so long as the Leases and Contracts,or any
extensions or renewals thereof,remain in effect as la any ponion of the Lands. It is not intended to
enlarge,diminish or in any other wuy modify the respective rights,interests or tiles ol'any party
owning an interest in the Lands,but is to be construed only as giving notice of HSR's lawful rights
under the applicable Leases and the laws of the State of Colorado.
IUS RESOURCES,INC.
RVL yi (1 a b
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•
frelAC ], tea P. ' : on s I ver Basin and Sup elroisar
. .°
V$%PLORADO
)144,0,00 ) 99
CITY AND COUNTY OF DBNVER )
The foregoing instrument was acknowledged before me this 10th day of November,2000,by
James P,Wasn't,as Denver Basin Land Supervisor of HS Resources,Inc.,a Delaware corporation.
WITNESS my hand and official seal. _DNA ett Gy tf
Notary Publi
My Commission expires: r)„;b1
EXHIBIT"A"
ATTACHED TO AND MADE A PART OF NONCE OF OIL AND GAS INTERESTS AND SURFACE USE
TIN-RS8W
SEC.25:NI2
WELD COUNTY,COLORADO
mown,
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CONTRACT-NO. LESSORIPARTf : `-r '..-..'ESSEEPPARTY - - - DATE.: a d3N 11O. TWNSP RANGE SECTION DESCRIPTION,:
CO-®3013-000 UNION PACIFIC RAILROAD COMPANY PAN AMERICAN PETROLEUM CORP. 1125170 637 1559254 IN SBW 25 NWf4
COJ0A-74005 CHAMPLIN PETROLEUM COMPNAY AMOCO PRODUCTION COMPANY 423178 1351 2303586 1N 65W 25 NEI4 C )
1'''' It� d f 1�Ip II ill ,�Intim
m ap woman 01 r a symTrablorio
3 ZOE DOJO Weld Con 611
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Page 1 of 1
JUL-13-0I 01:57PM FROM-DAVIS, GRAHAM & STUBBS 3038931379 1-437 P.05/05 F-359
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EXHIBIT B
Colorado Oil anti Gas Conservation Commission
dREATER WATTENI3ERG AREA
Special Weil Location Rule
— 318A
920 AcM Spacing Una
400' "" 400• rob
a owles
400'x 400'
SOC35-tiaN -RaW
800' x.1300'
10 f
JIiL. 1 SUE,E '1 ELL ‘L NU.58a F. 1
HAZEL IC.FRANK
1596 Weld County Road 15
Brighton, Colorado 80601
(303) 659-3795
July 16, 2001
By facsimile: 970-304-6498
Department of Planning Services
Weld County
1555 N. 17th Avenue
Greeley, CO 80631
Attention: Mr, Chris Gathman
Re: Case No. USR-1341
Varra Companies, Inc.
Further to our telephone conversation this morning, following are my concerns about the
request for a Special Use Permit for an asphalt/concrete batch plant on Weld County Road 11 south
of Weld County Road 6:
1. Agricultural Area. With the exception of facilities related to mineral development and
utilities the nearest commercial development to this site is as follows:
North: 3 miles to WCR 11 and WCR 12
South: 8 or 9 miles to 120th Avenue
East: 8 miles to Highway 85
West: 1 mile to frontage road of 1-25
It seems to me that proper planning would place commercial development such as this in
corridors where commercial development already exists or is likely to occur(adjacent to 1-25
or Highway 85,for example) not in the middle of an agricultural area,
2, Roads. Our country roads are inadequate for high volumes of heavy truck traffic, WCR 11
is not paved and dust and erosion problems would occur unless the road was paved, WCR
6 is narrow and undulating and law enforcement agencies are not able to enforce the speed
limit which combined with large volumes of truck traffic would create a hazardous situation.
I travel on WCR 2 between WCR 15 and I-25 every weekday and have to drive over the
EXHIBIT
741
J UL. lb."c�i'L1 L.✓i6Hb1 bLLJ&.E: ..Dbc -._
Weld County Planning Department Page 2
July 16, 2001
center line in order to avoid the numerous severe potholes and sinkholes which have been
caused by the gravel trucks. If there are insufficient funds to fix WCR 2 will there be
sufficient funds to maintain WCR 6 if this plant is approved? Because this is an agricultural
area there is the additional hazard of slow moving farm equipment traveling on WCR 6.
3. Odor, Our home is about 2 miles due east of the proposed site. Much of the time the wind
blows from the west and we are concerned about the smell of the asphalt which is a very
sickening smell. What would be done to prevent the odor from spreading offsite?
4. Waste. What would happen to any waste water or sludge of any kind? I understand that the
Weld County Health Department would make requirements; do they have sufficient
manpower to monitor the site so that groundwater and wells in the area are not
contaminated?
S. Dust. Sand and Gravel Processing implies to me that crushing may be involved. What
would be done to prevent dust clouds descending on the downwind neighbors of the plant?
Very truly yours,
Hazel K. Prank
Jul 17 01 07: 30a Rejama Brugger 303 252 0544 p. ).
Rejama Brugger
P.O. Box 33237
Denver, Co. 80233
Ph#303-818-5434
Fax#303-252-0544
July 17, 2001
To whom it may concern,
I received a letter regarding a public hearing case number USR-1341 taking
place Tuesday, July 17,2001.
NAME: Varra Companies, Inc.
FOR: Special Use Permit Application for an Asphalt and Concrete Batch Plant/
Asphalt and/or concrete Recycling/ Sand & Gravel Processing/Materials
& Equipment Storage/Commercial Office/ Railroad loading.
LEGAL DESCRIPTION: Part of S2 NW4 of section 25, T1 N, R68W of the
6th P.M., Weld County, Colorado.
I would like to state my concern about this permit. I have been in the process of
dividing and purchasing property near this site. I am going to be closing by the
end of July. I have found that Road 11 has in the past not been well kept
(grated). Also when 1-25 is closed due to an accident, WCR 11 is the primary
route. My concern is that WCR11 will only get worse with the traffic of heavy
trucks.
Sincere ,
EXHIBIT
PLANNING COMMISSION SIGN POSTING CERTIFICATE
+
THE LAST DAY TO POST THE SIGN IS: `J J r ?OM • THE SIGN SHALL BE
POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE
EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A
PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY.THE DEPARTMENT OF PLANNING SERVICES SHALL
POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN
AT THE POINT AT WHICH THE DRIVEWAY(ACCESS DRIVE) INTERSECTS A PUBLICLY MAINTAINED
ROAD RIGHT-OF-WAY.
I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE
PROPERTY AT LEAST 10 DAYS BEFORE THE PLANNING COMMISSION HEARING FOR USR- 134(I
THE SIGN WAS POSTED SY:
s t
NAME OF PERSON POSTING SIGN
( XL
n
SIGNATURE FOR PERSON POSTING SIGN
STATE OF COLORADO)
)ss.
COUNTY OF WELD )
,SUBSCRIBED AND SWORN TO ME THIS V 14 hDAY OF LLL9 �y
0
NOTARY PUB C
MY COMMISSION EXPIRES
SEPTEMBER 14, 2003
MY COMMISSION EXPIRES:
THIS FORM SHALL BE PLACED IN THE APPROPRIATE FILE FOR THE ABOVE CASE.
EXHIBIT
55L 13y/
EXHIBIT
Varra Companies, Inc.
Office of Special Projects 1-(5u2, 441
1431 East 16ih Street Greeley, Colorado 80631 Telephone(970)353-8310 Fax (970 353-4047
Tuesday 17 July 2001
Chris Gathman, Planner
Weld County Department of Planning Services
1555 North 17th Avenue
Greeley, Colorado 80631
Subject: Use by Special Review Application
Varra Companies, Inc.
North Metro Distribution Center
S/2NW/4; Section 25; Township 1 North; Range 68 West; and,
N/2SW/4; Section 25; Township 1 North; Range 68 West; all in the
6th P.M.; Weld County, Colorado.
For purposes of clarification of remaining staff concerns since 13 July 2001 through 16 July
2001:
1. Water Resources for Operations: As we have discussed, and in accordance
with previous correspondence to your office of 9 July 2001, we will restrict plant
operations to operate within the constraints of two water truck deliveries of 5,000
gallons per vehicle. This is adequate to operate once concrete batch plant facility
and one asphalt batch plant facility until such a time as either a commercial well
or water tap become available.
The wet sand and gravel processing facility will not operate until such a time as a
permanent source of water is available to the parcel. Any dry processing of sand
and gravel will function within the constraints of existing water deliveries. To the
extent possible, on-site water will be recycled to facilitate operations.
2. Landscape Plan: The landscape plan provided with the application utilizes
native grasses that will not require the use of supplemental water. The native
locust and green ash trees will benefit from some supplemental water if carefully
administered. The plan will result is less than 100 stems along the southern
boundary.
Tensiometers will be placed at two locations to monitor native field moisture of
the soils. When indicated, approximately two to four gallons of water will be
applied to each stem, or less than 200 gallons of water, which is well within the
constraints of the 10,000 gallon per day water delivery for plant operations.
3. Bull Canal Ditch Company: The application will not affect the easement of the
Bull Canal Ditch Company. We are unaware of any concerns on the part of the
1
Bull Canal Ditch Company. We are a member of FRICO and will of course make
proper accommodation to the extent warranted.
4. Brighton Fire Protection District Comments of 3 July 2001: The Districts concerns
will be met by the operator as detailed in subsequent Building permits.
Respective of a secondary access, a gravel surface access road will be established
approximately 250 to 500 feet North of the centerline of the primary access road
already shown in the plot plan. The access road details will be provided on an
updated plot plan map prior to the planned Weld County Commissioner hearing.
This access will also serve the planned commercial facility and operations.
5. Charlotte Davis, Environmental Health Services memorandum of 14 June 2001.
The operation as proposed conforms with the requirements of this memorandum.
An approved APEN for fugitive dust will be secured from the Colorado
Department of Health prior to on-site activity. An approved APEN for plant
operations will be secured from the Colorado Department of Health prior to start-
up of plant operations. A complete dust abatement plan was submitted to Weld
County Health as part of the original USR submittal. A septic system, designed
by a Colorado Registered Professional Engineer was included in the original USR
submittal. Installation will comply with Weld County Individual Sewage
Disposal Regulations. Appropriate stormwater discharge permits will be secured
from the Colorado Department of Health prior to construction activities. Vehicle
washing will comply with Weld County Code. The matter of adequate water
supply has been previously addressed. All other elements of the memorandum of
14 June 2001 will be honored to the extent required by law.
6. RME Land Corp; RME Petroleum Company and other mineral interests: The
operation will provide either written agreement with the mineral interest, or
evidence that an adequate attempt has been made to mitigate the concerns of the
mineral owners, while retaining a reasonable expectation that the mineral owner
not subjugate the interests of the surface owners, and to the extent required by
laws in force at the time of the purchase of this property or the submittal of the
original USR, which ever applies.
7. Colorado Geological Survey—Correspondence of 15 June 2001: The
operation as proposed appears to satisfy the concerns expressed by Celia
Greenman of the CGS. Sediment control features will be established in a manner
to control and abate pre and post construction activities as appropriate, including
the establishment of elemental features such as berms, diversions, and detention
features.
8. Department of the Army, Clean Water Act permit: The operation does not
appear to affect water of the U.S. Evidence from the U.S. Army Corps of
Engineers that a permit is not applicable will be affirmed.
9. Adjacent Landowner— Lavonnne Mrazik: Per a telephone conversation
between Lavonne Mrazik, landowner to the immediate SouthEast of the parcel;
and Christopher L. Varra, president, Varra Companies, Inc.; a chain link fence
Varra Companies, Inc. —North Metro Distribution Center 2
Weld County Use by Special Review—May 2001
Correspondence to Chris Gathman, Planner—Tuesday 17 July 2001
with durable barrier strips inserted between links will be established along the
Southern Boundary of the parcel to the extent of the Mrazik boundary as it abuts
this boundary, as an additional precaution to protect the landowner's facilities
from airborne particulate. The fence location will be shown on the updated plot
plan prior to the scheduled Weld County Commissioner hearing.
I trust this will satisfy these final concerns expressed by staff respective of this submittal. Since
many of these remaining concerns were expressed on the day immediately prior to the scheduled
hearing before the Weld County Planning Commission, the several issues were detailed by our
conversations prior to receipt of this correspondence. We trust the unavoidable restraints of time
do not diminish the suitability of this reply, which is provided at your request, and as a required
component of this process. Thank-you again for your kind consideration.
Respectfully,
Varra Companies, Inc.
Brad Janes
Professional Forester
cc. Christopher L. Varra, President
Varra Companies, Inc.
BLJIblj.
Varra Companies, Inc. —North Metro Distribution Center 3
Weld County Use by Special Review—May 2001
Correspondence to Chris Gathman, Planner—Tuesday 17 July 2001
July 16, 2001
Members Weld County Planning Commission
RIP Case Number USR -- 1341
Varra Companies, Inc. Special Use Permit Application.
I realize that there is a need for asphalt and concrete plants,
however, it is my belief the location of this proposed facility is
unnecessary.
It is my understanding that Varra Companies already have two (2)
locations in Weld County. One South of Hwy 66 on County Road # 13
and one off Hwy 66 in the vicinity of County Road # 19. T see no
reason why either of these locations would not be satisfactory to
accomodate the operations proposed in Case Number USP - 1341 .
We already have an EXTREME traffic and dust problem from the county
roads in this area. The added traffic would make the dust unbearable.
Unfortunately I have asthma. There is so much of the time I am unable
to do my work outside because of the dust. The smell of asphalt is
one of the things that trigger asthma attacks for me.
If this application is approved. I will probably be forced to sell my
home of over 30 years in order to he able to breath. I hope that will
not be necessary.
Due to Varra' s existing locations I see no reason for this application
to be approved by the Weld County Planning Commission.
Respectfully Submitted,
Donelda Lichfield
1035 WCR 13
Brighton, Colorado 80603
I4
d EXHIBIT
I
wwza. i .E .OUI ucslirr JUJLU40000 1R1JIH1C NO. 3800 P. 2
July 17, 2001
Department of Planning Services
1555 N. 17th Avenue
Greeley, CO 80631
Re: Case Number: USR-1341
I live on Weld County Road 6 & 15 and I am very much opposed to the Special Use
Permit Application for an asphalt and concrete batch plant, as requested.
This would mean MORE large, speeding trucks going down Road 6 and we already have
enough of them. Road 6 is not patrolled much, and consequently most people think it's a
race track. We've already had several accidents on that road with big trucks. Also,using
the side roads,the dust and dirt becomes yet ANOTHER environmental problem.
This is a farming community—not a commerical area.
Please deny this request. Lei-,4-e--e--•-/C1,--
Arlyne Glardon
6989 Weld County Road 6
4-08-'199E 6:23AM FROM HALE 3036370898
P. 1
P Northwestern Mutual
FINANCIAL NETWORK'
2700 E.Bridge St.
Suite 203
Brighton.CO 80601:2599
303 659 4100
303 637 0898 fox
800 359 4101 toll free
Curtis Hale
July 17, 2001 Financial Representative
Weld County Department of Planning Services
1555 N. 17th Avenue
Greeley, CO 80631
Dear Sirs:
I am writing this letter since I cannot be at the meeting to object to this request of
Varra Companies, Inc.
I have concerns about this heavy industrial use in my agricultural community. I
am concerned about the additional traffic and dust that would be created on a very small
rural road.
If this request has to be approved, I would request that Road 11 be paved between
Road 2 and Road 6.
Sincerely,
ezett •
Curt Hale
EXHIBIT
35
Representing the companies of the Nortnwrttern Mutual Financial Network.Agent.The Northwestern Mutual Lite Insurance Company,Muwnukee,WI,for its
Insurance,annuities end NtaDility Income Insurance,Thomas R.Riendrda,General Agent,Reentered Reprbeeatetive.Northweatem Motoel Invwximrnt Scrvicee LLC.
720 E.Winconsin Avenue.Milwaukee WI 53202(414-2711444)for variable ilk insurance and variable annuities:aria Rebel W.Baird&Co.Incorpormed Ieairdl.1331
17th St Ste 900.Denver.CO 80207(203294-9797)for muluel funds,unit Investment trusts,money mernet fundn.Baird is s member et the New York Stock Esphnnge,
ether principal exchango.a and SIGC.Northwestern Mutual Investment Services.LLC end Roden W.Baird&Co.Incorporated are separately operated subeidiarles of
Northwestern Mutual.There may he instances when this agent represents Insurance companies other than Northwestern Mutual
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