HomeMy WebLinkAbout20012653 /. E
HART ENVIRONMENTAL
A Member of the Aggregate Environmental Resource Group, LLC. •Michael 1 Hart & Associates
Weld County Planning Dept. June 29, 2001
UL 032001
20 5Ja James
Dr.Bryant RECEIVED
2005 James Dr.
Loveland, CO 80538
Re: Request for Sand and Gravel Mining Permit(USR#1346)
Dear Ms. Bryant:
This letter is written to you on behalf of Western Mobile, Inc., a subsidiary of
Lafarge Corporation. Recently,you received a letter from the Weld County Department
of Planning Services regarding a request for a Site-specific Development Plan and
Special Review Permit of an open pit sand and gravel mining operation on a parcel of
land located in Sections 20 and 29, Township 2 North, Range 68 West. This land is
owned by Mike and Ginny Shaw and leased by them to Lafarge Corporation.
Lafarge has applied to Weld County for a Special Review Permit to mine sand
and gravel from portions of the Shaw property. In order to answer your questions about
the proposed Mining and Reclamation Plan for Mike and Ginny's property, Lafarge will
host an informal meeting at the Rinn Church on Wednesday, July 11, 2001, from 7:00 to
9:00 p.m. This meeting will provide you with the opportunity to discuss the proposed
project with representatives of Lafarge. If you are unable to attend the July 11th meeting,
please feel free to contact me directly at (303) 444-6602 to arrange an alternative
meeting.
Sincerely.
Michael J. (Mike) Hart
cc: Ginny Shaw
Duane Bollig
Jim Trevithick
2]55 Meadow Avenue
P.O..Box
l3oelder, t o no ton
Pi,Pax:30'.444.060_^
2001-2653
Wetlands Ennking
Environmental Management
L,nd[he Panting EXHIBIT
Reeiamati,rn I.ie 4,,
Permit0ng s Lonna)
June 29,2001 Mailing List
Is. Helen L.Bryant Terry A. and Jill C. Henze Howard V. Rasmussen
6005 James Dr. 7253 Weld Co. Rd. 3 1/4 1754 Weld Co. Rd. 16-1/2
Loveland,CO 80538 Erie,CO 80516 Longmont, CO 80501
William Edward and Margaret Kobobel David A. and Cynthia K. Hoglund Les and Martha Williams
7909 Weld Co.Rd. 5 7257Weld County Rd. 3 1/4 8876 Rogers Road
Longmont,CO 80501 Erie,CO 80516 Longmont,CO 80503
Steve and Eileen Kloepfler Donald G. La Faver Jim Anderson
1598 Highway 52 2185 Pinedrop Lane 3528 Weld Co.Rd.28
Erie, CO 80516 Golden,CO 80401 Longmont,CO 80504
Stromquist Farms Jack L. Olberding,Trustee Mike Smith
12189 Oxford Rd. 7251 Weld Co. Rd. 3 1/4 6728 Weld Co.Rd. 3-1/4
Longmont,CO 80504 Erie,CO 80516 Erie,CO 80516
John C. and Sandra G. Widerquist Winifred C.and Tracy L.Paul Mr. Ralph Nelson
1128 Weld Co. Rd. 16-1/2 7255 Weld Co. Rd.3 1/4 6268 Weld Co.Rd. 3-1/4
ongmont, CO 80501 Erie,CO 80516 Erie,CO 80516
t(4914114
DEPARTMENT OF PLANNING SERVICES
' PHONE (970) 353-6100, EXT.3540
WFAX (970) 304-6498
1555 N. 17TH AVENUE
C. GREELEY, COLORADO 8 631
COLORADO
June 14, 2001
TO: SURROUNDING PROPERTY/MINERAL OWNERS
CASE NUMBER: USR-1346
There will be a Public Hearing before the Weld County Planning Commission on Tuesday, August 7, 2001,
at 1:30 p.m., in Room 210, Weld County Planning Department, 1555 N. 17th Avenue, Greeley, Colorado
concerning the request of:
NAME: Western Mobile, Inc.Nirginia Shaw: Property Owner
FOR: Site Specific Development Plan and Special Review Permit for an Open Pit Sand and Gravel Mining
Operation.
LEGAL DESCRIPTION: Pts. Of Sections 20 and 29,T2N, R68W of the 6th P.M.,Weld County, Colorado.
LOCATION: North and south of and adjacent to WCR 16 1/2, east of and perpendicular to WCR 3 1/4.
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
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
Subject Parcel: 131329000076
'i HE 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 County Assessor was assembled within thirty days of the application's submission d e.
.
Signature (
5-10 -40/
Date
Property Owners Within 500 ft. of Parcel# 131329000076
NAME I MAILING ADDRESS (PARCEL IDENTIFICATION#
TRUSTEE-2/3 INT &
FIRST NATL BANK OF LONGMONT 3528 WCR 28 131332000031
LONGMONT,CO 80504
7253 WCR 3 1/4
.NZE TERRY A&JILL C 131329301004
ERIE,CO 80516
7257 WELD COUNTY RD 3 1/4
HOGLUND DAVID A& CYNTHIA K 131329301002
ERIE,CO 80516
2185 PINEDROP LN
LA FAVER DONALD G& 131329000073
GOLDEN,CO 80401
C/O 736 EL LLANO RD
NELSON RAY L&CO LLP PO BOX 4807 131332000020
ESPANOLA,NM 87532
7251 WELD CO RD 3 1/4
OLBERDING JACK L TRUSTEE(1/2 INT) & 131329301005
ERIE,CO 80516
7255 WELD CO RD 3 1/4
PAUL WINIFRED C &TRACY L 131329301003
ERIE,CO 80516
1754 WELD CO RD 16 1/2
RASMUSSEN HOWARD V 131329000045
LONGMONT,CO 80501
1754 WELD CO RD 16 1/2
'SMUSSEN HOWARD V 131329000026
IR LONGMONT,CO 80501
C/O UNION PACIFIC RAILROAD
OCK SPRINGS ROYALTY CO 1700 FARNAM ST#105-FL 131329000077
OMAHA,NE 68102 2010
I 1435 WELD CO RD 16 1/2
SHAW VIRGINIAN ' 131329000059
LONGMONT,CO 80504
1435 WELD CO RD 16-1/2
SHAW VIRGINIAN 131329000068
LONGMONT,CO 80504
BUREAU OF RECLAMATION
USA 131332000027
EXEMPT,
1128 WELD CO RD 16 1/2
WIDERQUIST JOHN C & SANDRA G 131329301001
LONGMONT,CO 80504
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
Subject Parcel: 131329000068
1 HE 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 County Assessor was assembled within thirty days of the application's submission dat
ignature
5.—/O -O/
Date
Property Owners Within 500 ft. of Parcel# 131329000068
NAME I MAILING ADDRESS I PARCEL IDENTIFICATION#
2005 JAMES DR
BRYANT HELEN L 131330000072
LOVELAND,CO 80538
7909 WELD CO RD 5
)BOBEL WILLIAM EDWARD &MARGARET 131320000055
LONGMONT,CO 80501
7909 WELD CO RD 5
KOBOBEL WILLIAM EDWARD &MARGARET 131329000061
LONGMONT,CO 80501
1754 WELD CO RD 16 1/2
RASMUSSEN HOWARD V 131329000026
LONGMONT,CO 80501
1435 WELD CO RD 16-1/2
SHAW VIRGINIA N 131329000076
LONGMONT,CO 80504
1435 WELD CO RD 16 1/2
SHAW VIRGINIAN 131329000059
LONGMONT,CO 80504
12189 OXFORD RD
STROMQUIST FARMS 131320000038
LONGMONT,CO 80501
P O BOX 758
WELD COUNTY 131330000071
GREELEY,CO 80632
ATTN: TAX DEPT
';STERN MOBILE INC P O BOX 21588 131320000075
DENVER,CO 80221
1128 WELD CO RD 16 1/2
WIDERQUIST JOHN C & SANDRA G 131329301001
LONGMONT,CO 80504
8876 ROGERS RP
W iLLIAMS FAMILY FARM LLC 131320000067
LONGMONT,CO 80503
8876 ROGERS RD
WILLIAMS FAMILY FARM LLC 131330000029
LONGMONT,CO 80503
Mineral Owners
WELBORN SULLIVAN MECK &TOOLEY, P.C. 821 17th Street, suite 500
Denver,Colorado 80202
ATTORNEYS AT LAW Telephone: 303-830-2500
Facsimile: 303-832-2366
Weld County Planning Dept. E-mail:wsmt@wsmtlaw.com
John F Welborn
zl 2001 Stephen F Sullivan
John E Meek
Keith D.Tooley
/� A / Kendor P.Jones
lam/ V July 23, 2001 Bran S.Tooley
Thomas(C.McKee
Molly Sommerville
William R.Rapson
Kathryn Haight
Via Telefax and U.S. Mail Stephen A.Bain
Amy F.Mang
Danielle V Smith
Ms. Julie Chester Rebecca N.Welborn
Department of Planning Services
Special Counsel
1555 N. 17th Avenue Norman S.Early.Jr.
Greeley, CO 80631
of counsel
Robert F Welborn
Re: Western Mobile, Inc.IVirginia Shaw
USR 1346
Township 2 North,Range 68 West
Sections 20 and 29: (Portions)
Weld County, Colorado
Dear Julie:
This law firm represents RME Land Corp.(""RME Land"),formerly known as Union Pacific
Land Resources Corporation,and RME Petroleum Company("RME Petroleum"),formerly known
as Union Pacific Resources Company, with respect to a special use permit application
("Application")that has been filed with Weld County("County")by Western Mobile,Inc.("Western
Mobile")for the property referenced above.
RME Land and RME Petroleum together own all of the minerals that underlie the E2SW4
and the SW4SW4 of Section 29, portions of which are included in the Application. Enclosed is a
letter to the members of the Planning Commission and the Board of County Commissioners of Weld
County entitled "Notice of Mineral Interests Owned by RME Land Corp. and RME Petroleum
Company and Objection"which I ask that you provide to the Planning Commission and the Board
to be included in the record of the proceedings to be held on the Application.
You may be aware that the Colorado General Assembly recently passed House Bill 01-1088
which was enacted into law as Article 65.5,"Notification of Surface Development," in Title 24 and
which became effective on July 1. The law requires that developers give notice to mineral interest
EXHIBIT
v
July 23, 2001
Page 2
owners of hearings on applications for developments and certify to the local jurisdiction that the
notice was given. Local governments are to require the certification as a condition for the approval
of the application.
Notices of hearings should be provided to the RME entities as follows:
Mr. Tom Marranzino
Anadarko Petroleum Corporation
P. O. Box 1330
Houston, Texas 77251-1330
Dan Casper
P.O. Box 265
Franktown, CO 80116
Thank you for your consideration and attention to this matter.
Best regards,
Molly Sommerville
MLS/jkj
Enclosures
cc: Dan Casper
Tom Marranzino
Don Ballard
Marla Jones, Esq.
Shirley Kovar/United States Exploration, Inc.
Chris Greneaux/HS Resources, Inc.
Michael Hart/Western Mobile, Inc. c/o Hart Environmental
S:\MLS\Union\W estemMobile\Chester_Itr_071701.wpd
WELBORN SULLIVAN MECK &TOOLEY P.C. 821 17th Street, Suite 500
Denver, Colorado 80202
ATTORNEYS AT LAW Telephone:303-830-2500
Facsimile:303-832-2366
E-mail:wsmt@wsmtlaw.com
John F Welborn
Stephen J.Sullivan
July23, 2001 John F.Meek
Keith D.Tooley
Kendor P Jones
Brian S.Tooley
Thomas C.McKee
Molly Sommerville
William R.Rapson
Kathryn Haight
Members of the Planning Commission Stephen A.Bain
and the Board of County Commissioners Amy F.Mang
Danielle V Smith
of Weld County Rebecca N.Welhorn
1555 N. 17th Avenue
Special Counsel
Greeley, Colorado 80631 Norman S.Early,Jr
Of Counsel
Robert F Welborn
NOTICE OF MINERAL INTERESTS OWNED BY RME LAND CORP.
AND RME PETROLEUM COMPANY AND OBJECTION
Re: Western Mobile, Inc./Virginia Shaw
USR 1346
Township 2 North, Range 68 West
Sections 20 and 29: (Portions)
Weld County, Colorado
Ladies and Gentlemen:
This law firm represents RME Land Corp.("RME Land"),formerly known as Union Pacific
Land Resources Corporation,and RME Petroleum Company("RME Petroleum"),formerly known
as Union Pacific Resources Company,with respect to the application that has been filed with Weld
County for approval of a special use permit for property ("Application") located in portions of
Sections 20 and 29, Township 2 North, Range 68 West. RME Land and RME Petroleum together
own all of the minerals that underlie the E2SW4 and the SW4SW4 of Section 29,portions of which
are included in the special use permit application and which are hereinafter referred to as the
"Property".
RME Land and RME Petroleum wish to give notice to Weld County ("County") of the
mineral interests that they own under the Property and to make the County aware that any subsequent
approval by the County of a special use permit application for an open pit sand and gravel mining
operation may make the mineral resources that underlie the Property undevelopable. RME Land and
RME Petroleum object to the approval by the County of the Application unless and until an
agreement on surface use is reached between the RME entities and the Applicant.
Members of the Planning Commission and
the Board of County Commissioners
July 23, 2001
Page 2
The following are comments in support of this Notice and Objection:
1. The Oil and Gas Resources Owned by RME Petroleum Company.
RME Petroleum owns all of the oil and gas that underlies the Property.RME Petroleum has
given oil and gas leases for certain portions of the Property to United States Exploration, Inc. and
believes that HS Resources,Inc.("HS")also has been assigned certain oil and gas leasehold interests
in the Property.
2. There is Clear Statutory Authority and Direction for the County to Take Into Account the
Rights of Mineral Interest Owners in Its Consideration of Subdivision Applications.
The State of Colorado recognizes the important rights of mineral owners and lessees in
C.R.S. § 30-28-133(10) which requires that notices of hearings of subdivision plat applications be
given to mineral owners and lessees in counties. More important, subsection (10) 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 directs county planning
commissions to recognize that the owners of subsurface mineral interests and their lessees have"the
same rights and privileges as surface owners."
Further,the Colorado General Assembly recently passed House Bill 01-1088 in Article 65.5,
Title 24, "Notification of Surface Development", which requires that applicants for development
approvals give notice to mineral estate owners of hearings to be held before local jurisdictions for
applications for development and further requires that the developer certify that he has given the
required notice as a condition for the approval of the application by the local jurisdiction.
3. Government Action Which Allows Surface Development in a Manner Which Precludes
Mineral Development May Impair the Vested Property and Contractual Rights of the Mineral
Interest Owner.
Colorado case law continues to provide that the mineral owner owns the dominant estate and
has the right of reasonable access to and use of the surface estate to extract minerals.' Actions by
a government entity which may have the effect of reversing this basic tenet of Colorado property law
See Frankfort Oil Company v. Abrams,413 P.2d 190(Colo. 1966). Note also,Gerrity Oil&Gas
Corporation v.Magness,946 P.2d 913 (Colo. 1977),which discusses in a footnote on page 927 the principle that the
owners of both estates must exercise their rights in a manner consistent with one another.
Members of the Planning Commission and
the Board of County Commissioners
July 23, 2001
Page 3
and thereby deprive the mineral interest owner of its vested property and contractual rights may be
violative of federal and state constitutional provisions.
Union Pacific Railroad Company granted the minerals to Union Pacific Land Resources
Corporation (predecessor to RME Land) by quitclaim deed dated April 1, 1971 recorded on April
14, 1971 in Book 644, Reception No. 1565712. Applicant had record notice at the time it acquired
its interests in the Property that the minerals were severed from the surface estate and that it received
less than the entire interest in the Property.
4. An Action by the County to Approve the Application may Amount to a Regulatory Takinn
within the Meaning of the State and United States Constitutions for which the County Could
Be Required to Pay the RME Entities Fair Compensation.
Action by the County to approve an application for surface development may constitute a
regulatory taking, especially where the operator is deprived of all economically viable use of land
or his investment-backed expectations to develop his property.2
The United States Claims Court and the Federal Circuit Courts have awarded compensation
or affirmed decisions to award compensation to energy and mining companies based upon claims
by the companies that their mineral properties had been taken by the government without just
compensation because of government regulations which disallowed the development by the
companies of their mineral rights.'
5. The RME Entities Have Entered into Many Agreements with Developers With
Respect to the Disposition of the Minerals at the Time that the Developer Proposes
to Develop the Surface Estate, and the Public Interest is Served by the Parties
Entering into Such an Agreement.
RME Land and RME Petroleum ("RME entities") have extensive mineral interests
throughout Colorado where the surface estate and the mineral estate have been severed. The RME
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
2See,for example,Lucas v. South Carolina Coastal Council, 505 U.S. 1003, 112 S.Ct. 2886, 120 L.Ed.2d
798(1992).
'See for example Whitney Benefits, Inc. v. United States, 18 CI.Ct. 394(1989),corrected,20 CI.Ct. 324
(1990), affd. 926 F.2d 1169(Fed.Cir.), cert. denied, 112 S.Ct.406(1991);United Nuclear Corporation v. United
States, 17 CI.Ct. 768, affd.,912 F.2d 1432(1990).
Members of the Planning Commission and
the Board of County Commissioners
July 23, 2001
Page 4
minerals. The RME entities wish to work with the Applicant in the same manner that they have
worked with other developers.The RME entities object to the Application,however,until such time
as they reach an agreement with the Applicant and request that the County make any approval of the
Application conditioned upon an agreement between the Applicant and the RME entities.
Very truly yours,
WELBORN SULLIVAN MECK& TOOLEY, P.C.
By:
Molly Sommerville
MLS/jkj
Enclosures
cc: Dan Casper
Marla Jones, Esq.
Don Ballard
Tom Marranzino
Chris Greneaux/HS Resources, Inc.
Shirley Kovar/United States Exploration, Inc.
Michael Hart/Western Mobile, Inc.
S:\MLS\Union\W estemM obil e\W eld_County_I tr_071701.wpd
AFFIDAVIT OF MINERAL OWNERS AND MINERAL LESSEES
(Western Mobile)
SUBJECT PROPERTY:
Township 2 North. Rance 68 West. 6th P.M.. Weld County. CO
A tract of land situated in the SW 1/4 of the SE 1/4 of Section 20, and in Section 29, all in
Township Two (2) North of Range S'udy-eight(68) West of the Sixth (6th) Principal Meridian,
County of Weld, State of Colorado, described in particular as follows
BEGINNING at the Northeast Corner of the NW 1/4 of the NE 1/4 of said Section 29 whence the
Northeast Corner of said Section 29 bears S89°50'15"E 1,395.43 feet(corrected to 1,331.37 feet in
this legal description);Thence N89' 50'15"W 64.06 feet;Thence NOV 36'50"E 1,361.75 feet to the
Northeast Corner of the SW 1/4 of the SE 1/4 of said Section 20;Thence N88° 17'16"W 422.04 feet;
Thence S20°46'55"W 551.73 feet Thence S38' 17'43'W 659.12 feet;Thence saw 3412'W 164.91 feet;
Thence S30° 31'40"W 539.52 feet Thence N57° 15'53"W one(1)foot Thence S32°36'53"W 671.29 feet;
Thence S07°27'55"W 350.35 feet Thence S35°49'50"W 316.39 feet;Thence S53° 13'47"W 158.82 feet
Thence S66° 13'37"W 36421 feet;Thence S46°4528W 32.04 feet Thence 872°28'00"W 342.86 feet
Thence S70°21'54"W 203.70 feet•,Thence S59°31'57"W 241.36 feet Thence S48°28'14"W 79.08 feet;
Thence S39°56'43"W 310.83 feet Thence S45' 13'00"W 483.45 feet to a point on the East-West
centerline of said Section 29;Thence S89°40'23"E,along the East-West centerline of said Section 29,
1170.68 feet to a point on the Easterly right-of-way line of Weld County Road 3 1/4;Thence South,along
said Easterly right-of-way line,268420 feet to a point on the South line of the SW 1/4 of said Section 29;
Thence East,along the South line of the SW 1/4 of said Section 29, 118.45 feet to the centerline of the
Chicago, Burlington&Quincy Railroad;Thence N35° 13'07"E,along the centerline of said railroad,
3308.17 feet to a point on the North right-of-way line of Weld County Road 161/2;Thence N89°4023"W,
along said North right-of-way line,724.10 feet to a point on the West line of the NE 1/4 of said Section 29;
Thence N89'40'23"W,continuing along said North right-of-way line,684.17 feet;Thence N00°27'19"W
495.43 feet Thence NOV 02'55"E 139.80 feet Thence N83°43'57"E 443.82 feet;Thence N79°42'52"E
364.50 feet Thence N23'43'10"E 368.31 feet Thence N50° 34'37"E 152.23 feet Thence N78°24'14"E
137.20 feet;Thence S88°42'51"E 138.43 feet;Thence N69'20'14"E 83.83 feet Thence N35° 33'16"E
137.82 feet Thence N83°29'56"E 174.15 feet Thence 882' 54'10"E 9326 feet;Thence N77° 10'10"E
132.79 feet Thence N52°25'00"E 112.92 feet;Thence S85°43'08"E 46.15 feet to a point on the East line
of the NW 1/4 of the NE 1/4 of said Section 29;Thence N00' 12'35"E, along the East line of the NW
1/4 of the NE 1/4 of said Section 29, 1128.76 feet to the Point of Beginning, containing 179.76
acres, more or less.
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
THE UNDERSIGNED, being first duly sworn, deposes and states that to the best of his
knowledge the following is a true and accurate list of the names and addresses of the mineral
owners and mineral leasehold owners having an interest in the Subject Property, based upon
Commonwealth Title Insurance Company Title Commitment No. F928574 dated March 30,
2000, and the records of the Weld County Clerk and Recorder based on a computer index from
Transnation Title Insurance Company dated May 29, 2001, posted through March 30, 2001
Page 1 of 2
Mineral Owners Mineral Leasehold Owners:
Helen C. Nelson HS Resources, Inc.
3521 Camden Drive 1999 Broadway, Suite 3600
Longmont, CO 80503 Denver, CO 80202
Virginia N. Shaw KP. Kauffman, Inc.
1435 WCR 1634 1675 Broadway, Suite 1970
Longmont, CO 80504 Denver, CO 80202
Martha A. Williams Western Mobile Inc.
8879 Rogers Road P.O. Box 21588
Longmont, CO 80503 Denver, CO 80221
RME Petroleum Company
17001 Northchase Drive
Houston, TX 77251
William G. Crews
Certified Professional Landman#3477
Subscribed and sworn to before me by William G. Crews this 29th day of May, 2001.
Witness my hand and official seal.
�AA�r r9 missioiGLs:,_„
fG(f� fiublic
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