HomeMy WebLinkAbout20012472.tiff WI" FAX TRANSMISSION
COLORADO
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
FAX: 970-304-6498
PHONE: 970-353-6100, EXT. 3540
To: Julie Chester Date: September 13, 2001
Fax: 352 6284 Pages: 7, including cover
Phone: 352 6057 x 104
From: Kim Ogle ti_
Planner III V '
kogle@co.weld.co.us
Subject: Agreement- Patina and Varra Companies
COMMENTS:
For your information. Lee was copied on document. You may want to contact Joby at 800 288 2657 or
970 493 7888 to discuss present situation. He is waiting for word from someone on this case. Lee's
legal advice is to place topic of adequacy in the hands of the Board to determine whether condition has
been met.
If you need any further information, please feel free to contact me at the above telephone number or e-
mail address.
CONFIDENTIAL
This facsimile is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged.
confidential,and exempt from disclosure under applicable law. If the reader of this facsimile is not the intended recipient nor the employee or agent
responsible for delivering the facsimile to the intended recipient,you are hereby notified that any dissemination,distribution,or copying of this
communication is strictly prohibited. If you have received this communication in error,please notify us immediately by telephone and return the
original message to us at the above address via the U.S.Postal Service. Thank you.
aocy--9'/7a
EXHIBIT
#41/8
Varra Companies, Inc.
Office of Special Projects
1431 East 16th Street 4 Greeley, Colorado 80631 Telephone(970)353-8310 + FAX 970)353-4047
TRANSMITTAL
Weld County Planning Dept.
Thursday 13 September 2001
To: Kim Ogel f�„J
Weld County Planning RECEIVED
Telephone: (
Fax Line:
From: Bradford Janes
Professional Forest
Subject: Surface Damage Agreement between Varna Companies,Inc.and SOCO,aka Patina Oil
3rd Am USR 248—Coal Ash Burial Project.
Dear Kim:
The copies of the above agreement provided to your office were inadvertently covered by the legal size fold. Included with
this transmittal are the full agreements,at the request of Joby Adams,C.G.R.S. If you need clarification or additional
information,please feel free to contact us.
cc. Lee Morrison
Weld County Attorney
sect
Snyder Oil Corporation
3939 SOCO Parkway
Evans,Colorado 80620
January 26, 1994 (303)330-2200
(303)442-6025
Varra Companies, Inc.
2130 South 96th Street
Broomfield, CO 80020
Re: Varra 31-3L & Varra 31-4L
N/2NW/4-31-3N-67W
Weld County, Colorado
Dear Jack:
Pursuant to our meeting of January 5, 1994, after receipt of the executed Surface Damage Agreement and
prior to commencement of operations, Snyder will make the following payments by check:
Surface Damages (per well) $ 1000.00
Total Consideration $ 2000.00
*Gas Pipeline Right-Of-Way
to be paid at $ .85 per foot once route has been determined and measured.
Please indicate your receipt and acceptance of this letter by signing and dating in the space provided
below. Please return the original to me and retain a copy for your files.
Thank you for your cooperation in this matter.
Cordially,
‘te
Curt Moore
Consulting Landman
5i
ACCEPTED AND RECEIVED THIS 3/ day of "'014111-- , 1994
_ V
Title: /18C •
SuCL7
Snyder Oil Corporation
3939 SOCO Parkway
Evans,Colorado 80620
January 26, 1994 (303)330-2200
(303)4426025
Varra Companies, Inc.
2130 South 96th Street
Broomfield, CO 80020
Re: Nelson 31-1L, Nelson 31-2L, Nelson 31-7L, Nelson 31-9L, Siegrist 31-10L,
Siegrist 31-15L & Nelson 31-16L
E/2-31-3N-67W
Weld County, Colorado
Dear Jack:
Pursuant to the terms of that certain Surface Damage Agreement dated N , 1994, by
and between Varra Companies, Inc. and Snyder Oil Corporation, and prithl commencement of
operations, Snyder will make the following payments, the amount of which shall equal the cost to Varra
of installing a replacement gas pipeline, by check:
Mining Damages (per well) $ 1367.64
Total Consideration $ 9573.48
Please indicate your receipt and acceptance of this letter by signing and dating in the space provided
below. Please return the original to me and retain a copy for your files.
Thank you for your cooperation in this matter.
Cordially,
C
Curt Moore
Consulting Landman
ACCEPTED AND RECEIVED THIS 3/ day of 3M"hC , 1994
(1/&14 71:14—/
Title:
•
SURFACE DAMAGE AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
That the undersigned Varra Companies, Inc., 2130 South 96th Street, Broomfield, Colorado
80020, being the owner, recognizing that the following described lands are subject to one or more oil and
gas leases of record, and that the lessee and its assigns, and the agent of such to whom this instrument
is delivered, have certain rights in the use of the surface of the lands covered by such lease or leases, and
being now informed of the proposed use, including ingress and egress, placement of drilling location and
other uses incident to the drilling for and production of oil and gas on the following described lands, as
shown on Exhibit "A" attached, do hereby agree, in consideration of the premises and the further promise
of the agent of lessee or its assigns, to pay the undersigned the sum of Ten and more Dollars ($10.00)
to acknowledge, and he does hereby acknowledge, subject only to the timely receipt of the above sum
f money, such sum as full settlement and satisfaction of all detriment, injuries and damages growing out
of, incident to, or in connection with the drilling and production from well(s) Varra 31-3L (NENW-31-
3N-67W) & Varra 31-4L (NWNW-31-3N-67W) upon the following described lands in Weld County,
Colorado, to wit:
Township 3 North, Range 67 West, 6th P.M.
Section 31: N/2NW/4
Spacing Unit Description: N/2NW/4
caused by the moving in and moving out of agent's derrick, drilling tools, vehicles, and all other
machinery and equipment necessary or incident to drilling, testing, completion and operation of such
well(s) for oil and gas, and all roads, pipelines, tank batteries, and lands involved in permanent
installations.
And for the same considerations, the undersigned does hereby release, acquit, and discharge the
said SNYDER OIL CORPORATION, itself and the principals for which it shall act, of and from any and
all of, incident to or in connection with drilling of said well(s) and operations incident thereto as
aforesaid, and does particularly release, acquit, and discharge said SNYDER OIL CORPORATION, and
its principals, of and from, but not by way of limitation to, all such claims for detriment, injuries, and
damages to said land, the improvements thereon and appurtenances thereto, or to any grass, vegetation,
shrubs, trees, crops, livestock, or other personal property growing or located thereon, or any damage or
loss which the undersigned has or might hereafter sustain due to diminished quantity or quality of future
crops caused by the above-mentioned operations.
The undersigned agree to waive the minimum thirty (30)day written notice requirement described
in the Notice Letter provided you by Snyder when it initially gave notice of its intent to drill the above
described well(s). It is understood that the undersigned and Snyder Oil have already agreed to or will
mutually agree to the specific timing of the location, building, drilling and completion of said well(s).
This Agreement is subject to Exhibit "A", a plat showing the approximate locations of SOCO's
wellsites, access roads, production facilities, etc., attached hereto and by this reference made a part
hereof.
This Agreement is subject to Exhibit "B", a list of "Additional Provisions" between the parties
herein, attached heretoand by this reference made a part hereof.
6yday �ibvt/
Dated this 3� of 1994
Signed: 4 1:44..)
Title: &J0 •
EXHIBIT "A"
Attached hereto and made a part hereof that certain Surface Damage Agreement dated /"' 31
1994, from Varra Companies, Inc., 2130 South 96th Street, Broomfield, Colorado 80020.
Township 3 North, Range 67 West, 6th P.M.
Section 31: N/2NW/4
VARRA 31-4L VARM 31-3L NELSAN 31-2L ' ttELSonI 3l-IL
•
•
VARRA 31-5L
• \ /
a_.„-- SW I4 NE 14
r S. VrAin I{ivercfr
vVARRA 31-,2L VARRA 31-IIL SIEGRIST 31-1bL NELSGn1 31AL
V7
•
I
a
U
VVAlkAtk 31-14L SIEGRIST 31-1SL MaSofJ 31-IbL :Ti
SWi4SWk
Dr:.
dJ County Road Zb
EXHIBIT "B"
Attached hereto and made a part hereof that certain Surface Damage Agreement dated / — ,3/ ,
1994, from Varra Companies, Inc., 2130 South 96th Street, Broomfield, Colorado 80020.
Additional Provisions:
1. Varra Companies, Inc. ("OWNER") agrees to provide temporary access to Snyder Oil
Corporation ("SOCO") for drilling and completion operations to the directional pad [(Varra 31-5L
(SWNW-31-3N-67W), Varra 31-11L (NESW-31-3N-67W), Varra 31-12L (NWSW-31-3N-67W) and
Varra 31-14L (SESW-31-3N-67W)] located in the SW/4SW/4 as shown on Exhibit "A".
2. OWNER agrees to provide permanent access to SOCO for drilling, completion and production
operations to the directional pad [(Nelson 31-1L (NENE-31-3N-67W), Nelson 31-2L (NWNE-31-3N-
67W) and Nelson 31-7L (SWNE-31-3N-67W)] located in the SW/4NE/4 as shown on Exhibit "A".
3. Permanent access to the Varra 31-3L (NENW-31-3N-67W) and Varra 31-4L (NWNW-31-3N-
67W) will be as shown on Exhibit "A".
4. In a measure of good faith between the two parties herein, SOCO agrees to compensate OWNER
for the installation of a gas pipeline in the SW 1/4 of this Section 31 which will replace a different gas
pipeline and allow OWNER the ability to mine the SW/4SE/4 and the S/2NW/4SW/4. The estimated
cost of this pipeline installation amounts to $ 9573.48, and said compensation shall reimburse OWNER
for the area around the to drillsites and tank baterry sites in the E/2 of this Section 31 which will be lost
for gravel mining purposes. This compensation shall be provided for in a "Letter Agreement" dated
January 26, 1994 between the two parties herein. OWNER further agrees to supply water at no cost to
SOCO for drilling and completion operations associated with the following Thirteen (13) Wells: Nelson
31-1L (NENE-31-3N-67W), Nelson 31-2L (NWNE-31-3N-67W), Varra 31-3L (NENW-31-3N-67W),
Varra 31-4L(NWNW-31-3N-67W),Varra 31-5L(SWNW-31-3N-67W), Nelson 31-7L (SWNE-31-3N-
67W),Nelson 31-9L(NESE-31-3N-67W),Siegrist 31-10L(NWSE-31-3N-67W),Varra 31-11L(NESW-
31-3N-67W), Varra 31-12L(NWSW-3I-3N-67W),Varra 31-14L(SESW-31-3N-67W), Siegrist 31-15L
(SWSE-31-3N-67W) and Nelson 31-16L (SESE-31-3N-67W), all bottom hole locations and respective
surface drilling locations shown on Exhibit "A". OWNER further agrees to allow SOCO the right to
dispose of drilling muds and shale cuttings on OWNER's lands at sites mutually agreed to between the
two parties for the same thirteen wellsites described herein.
5. SOCO shall compensate OWNER for landscaping and aesthetic maintenance of the four (4)
directional drilling locations shown on Exhibit "A". Said compensation shall not exceed Two Thousand
Dollars ($2000)per drilling location. Said landscaping and maintenance shall include building of burms,
installation and maintenance of trees and shrubbery, etc., around the tank batteries and well heads. It
is mutually agreed between the two parties that said landscaping and construction shall not inhibit SOCO's
ability to service, maintain and produce the wells and tank batteries.
6. OWNER agrees to provide fill dirt to SOCO for the SW/4SW/4 drilling location at a cost of
Three Thousand Three Hundred Dollars ($3300.00). The amount of fill dirt shall equal not less than One
Hundred (100) "tandem" truck loads. OWNER shall dump said dirt on the drillsite location at a time
mutually agreed to between the two parties.
7. SOCO further agrees that any fill dirt, road base or pit run used on this Section 31 shall be
purchased from OWNER provided that OWNER's prices are competitive.
I
4ja .
4i
. T S
.'per
4/1o1'kq
_ r, ,
In
'
*
i Rk Y
._ A m
3a V of �
r' ---- A d nt :
rgircr
4/10sm
LEE Morrison - Docket#2001-63_ Page 1
From: "David Siple" <DSIPLE@patinaoil.com>
To: <Iorrison@co.weld.co.us>
Date: 9/19/01 9:15AM
Subject: Docket#2001-63
Solid Waste Disposal Facility
T3N, R67W, Section 31: NW, Weld County, Colorado
Patina Oil & Gas Corporation has no objection to Docket#2001-63.
Erma
l$ir
€ CAROL Harding -Varra Companies Inc. Docket No 2001-63 ...... ................ Pagel
From: Steven P. Jeffers <sjeffers@blglaw.com>
To: <charding@co.weld.co.us>
Date: 9/18/01 4:00PM
Subject: Varra Companies, Inc. Docket No. 2001-63
Carol Harding "TI "o
Clerk to the Board of Commissioners .m ,
Re: Docket No. 2001-63, Varra Companies, Inc
Dear Ms. Harding: i ) y
Thank you for providing us with a copy of the notice regarding Varra's
application. Please provide these comments to the Commissioners at the
upcoming hearing.
I am an attorney at Bernard, Lyons, Gaddis and Kahn, P.C. in Longmont. Our
law firm represents the St. Vrain and Left Hand Water Conservancy District
("St. Vrain District") in water rights and related matters. The St. Vrain
District is a Colorado Water Conservancy District created to conserve,
develop and protect water rights and water resources in the St. Vrain and
Left Hand Creek basins from their head waters to the confluence of St. Vrain
Creek with the South Platte River in Weld County. St. Vrain has been
monitoring the application of Varra Companies to dispose of coal ash by
burying it in a portion of its mined gravel pits in western Weld County near
St. Vrain Creek, and has previously provided comments to the State Health
Department and State Division of Minerals and Geology on this project. In
summary, the St. Vrain District is concerned about potential contamination
of the surface stream and alluvial aquifer and injury to water rights
associated with local ditches and wells.
The St. Vrain District had been receiving periodic updates from Cheryl Signs
on behalf of Varra regarding its proposed plan, but has not received any
updates for over a year. Varra did not provide us with a copy of the recent
application, and we were not able to obtain or review a copy since we
received notice of this hearing. I hope these comments will still be
relevant.
It is my understanding that the current application is only for a test pit
to study the risks of potential contamination from burial of the ash in the
saturated zone of the alluvial aquifer, and that Varra will not be allowed
to bury the ash in the existing gravel pits based on this application. Based
on discussions with local land owners, the St. Vrain District has two
concerns with that proposal. First, if the test pit is located in the
saturated portion of the aquifer, there must be adequate safety precautions
to ensure that any contamination can be prevented from reaching local wells
and the stream. The St. Vrain District does not think Varra can provide such
protection. Subsequent removal of the ash after contamination has occurred
should not be an acceptable method of protection. Second, if the test pit is
located above the saturated zone of the alluvial aquifer, the test results
may not have much relevance to evaluating a larger disposal plan in the
aquifer. Such a location may not have the same amount or timing of
saturation or water flow as would occur in the saturated zone of the
"0. aquifer. As such, the test results should not be accepted as demonstrating
adequate protection for the aquifer without further analysis and testing. 1 EXHIBIT
CAROL Harding 7 Varra,Companies Inc Docket No 2001-63 Page 2
To the extent that Varra may be requesting the right to begin actual
disposal of ash in the aquifer, as opposed to a small test project, St.
Vrain strongly requests that the Commissioners deny that request.
Thank you for considering these comments.
Yours truly,
Steven P. Jeffers
CC: "Les Williams @" <cynthia@svvi.net>
Hello