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Home My WebLink About20012769 RECEIVED JUN 6 2001 re fsites WELD COUNTY PUBLIC WORKS DEPT Weld County Referral ' May 30, 2001 e• COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Varra Companies, Inc. Case Number USR-1341 Please Reply By June 13, 2001 Planner Chris Gathman Project Special Use Permit Application for an Asphalt and Concrete Batch Plant/Materials Storage/Commercial Office Legal Part of S2 NW4 of Section 25, Ti N, R68W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to WCR 11, %3 mile north of WCR 4. Parcel Number 1467 25 000029 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) July 17, 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: Signature t�/�j / Date -� �� cloy Agency (frill +Weld County Planning Dept. +1555 N. 17th Ave. Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6498 fax 2001-2769 • MEMORANDUM _ ,t‘t; alpil TO: Chris Gathman, Planner I DATE: June 19, 2004 CpU FROM: Donald Carroll, Engineering Administrator p 4Thn1ngept. C SUBJECT: USR-1341, Varra Companies, Inc. e� 1200] COLORADO' '` C �e/frt, Weld County Public Works has reviewed this proposal; this project falls primarily under the purview of the Us Special Review Standards, Weld County Code, Chapter 23, Article II, Division 4, Section 23. Our comments and requirements are as follows: COMMENTS: WCR 11 is designated on the Southwest Study Area Capacity Improvement Needs as a paved rural road, which requires a 60-foot right-of-way at full build out. There is presently a 60-foot right-of-way. This road is not maintained by Weld County. The segment between Baseline Road (WCR 2)and WCR 4 has been annexed and is maintained by Northglenn. This section was annexed February 3, 1989. The section of WCR 11 between WCR 4 and WCR 8 has been annexed by the city of Broomfield. This section was annexed November 9, 2000. The remaining portion from WCR 8 to State Highway (SH) 52 has been annexed by the town of Dacono. Pursuant to the definition of SETBACK in the Weld County Code,Chapter 23,Article III, Section 23-3-50,the required setback is measured from the future right-of-way line. WCR 11, 2, 6, and 8 west of the proposed site will be in the future Broomfield County jurisdictional area. REQUIREMENTS: Traffic Counts: The average daily traffic count(ADT)for WCR 11 was 179 vehicles, taken in a 24-hour-period on June 17, 1996. WCR 6 has an ADT count of 1070, taken July 20, 1999. Traffic Impact Study: All new residential developments with expected ADT>200 and all new commercial developments will be required to submit a traffic study as part of the review process. This study shall include a description of the project,vehicle trip generation and distribution,verification of adequate acceleration, deceleration and storage facilities at all impacted intersections, review of bridge capacity, intersection level of service analysis for existing and proposed conditions and recommendation for needed upgrades to transportation infrastructure to support the development. Weld County Public Works Department will review your submitted traffic study. The traffic study needs to be submitted no later than two weeks prior to scheduling with the Planning Commission to allow our traffic engineer time to review and comment. Improvements Agreement: If the applicant utilizes any maintained Weld County roads other than those annexed by Northglenn, Broomfield, or Dacono, they shall enter into a Road Maintenance Improvements Agreement for the upgrading and paving or maintenance of roads associated with the operation, and any additional intersection improvements associated with heavy hauling that may be identified in the traffic study. Storm Water Drainage: The applicant has supplied a storm water drainage plan from Anderson Consulting Engineers. This plan has been prepared and signed by a professional engineer,capturing the storm water runoff and releasing at the historical rates. This plan is acceptable to Weld County Public Works Department. Off-Street Parking: The off-street parking spaces at the main office parking lot, including the access drive,shall be surfaced with asphalt, concrete, or equivalent, and shall be graded to prevent drainage problems. cc: File EXHIBIT Diane Houghtaling, P.E., Traffic Engineer I Bradford Janes, Varra Companies Plan5usr.wpd STATE OF COLORADO COLORADO GEOLOGICAL SURVEY 60/ part eon of eralsNatural and l Geolcey C� rill Department of Natural Resources 4ij 1313 Sherman Street, Room 715 yA Denver,Colorado 80203 c,'� /. Phone:(303)866-2611 June 15, 2001 Uy 4�4 DEPARTMENT OF FAX:(303)866-2461 J - T �� Op� TURAL ODURi CCESS Mr. Chris Gathman [ f' D Bill Owens Governor Weld County Planning 17th G J Greg E.Welcher 15$$ N. 17 Ave Executive Director Greeley, CO 80631 Michael B.Long Division Director Vicki Cowart State Geologist Re: Varra Companies North Metro Distribution Center and Director CGS Review No.WE-01-0069 Dear Mr. Gathman: In response to your request I visited this site to review the plans for development. A report on General Subsurface Conditions,prepared by Terracon (January 2001)was included in the referral, along with a Conceptual Stormwater Drainage Plan prepared by Anderson Consulting Engineers,Inc (May 2001) and a Soils Report prepared by Bradford James (April 2001). 1) Soil/bedrock. Terracon drilled three boreholes on the property and encountered clay overlying claystone bedrock of the Laramie Formation. Based on the Atterberg limits that were obtained from laboratory tests, the clays and bedrock were judged to have potential high swell characteristics. I agree with this assessment, which is corroborated by the Soils Report. It appears that mitigation for swelling soils/bedrock will be required at the site. This may include drilled pier foundations or overexcavation of building footprints for permanent structures and overexcavation for roadbed(or railbed) areas. For construction purposes, swell-consolidation tests should be performed so that foundations can be designed accordingly. The swelling clays will also affect performance of the leach field for the septic system. The clays are likely to percolate slowly and swell with the addition of water, which will limit the efficiency of the system. I agree with the Soils Report that septic system should be engineered, and it appears that an evapo-transpiration system is planned according to the design criteria for ISDS prepared by Terracon. 2) Drainage/wetlands. There is a small low area just east of the Bull Canal and south of the Tank and Battery that is rimmed by a berm and contains wetland vegetation. It does not appear that this area will remain undeveloped because of the plans for the rail line. Plans to fill in the area should be reviewed by the County. If approved, development in this area will require that all organic soils be removed prior to fill placement, as this material has a tendency to consolidate over time with resultant settlement damage. Erosion control and containment of sediment will be important during activities both pre and post construction. The detention pond that is planned for the site, as well as diversion ditches should be constructed before grading begins. Wenn I m- Varra Companies North Metro Distribution Center,p.2 3) Waste Disposal. The batch plant, whether asphalt or concrete, will probably produce wastes that require special disposal methods. This issue should be reviewed by the Weld County Health Department. If the above items are addressed, CGS has no objections to the proposed development. Please call me if there are any questions. ours truly, ,) r cam_. / Celia Green an Geologist YiP-d Uounty °'sann'ng 'Dept. v \IC-A-C-,' CUVL-AV g U L----, JUN8 2001 Pia4, / e-re RECEIVED Weld County Referral • will May 30, 2001 C. • COLORADO • The-Weld County Department of Planning Services has received the following item for review: Applicant Varra Companies, Inc. Case Number USR-1341 1 i Please Reply By June 13, 2001 Planner Chris Gathman i Project Special Use Permit Application for an Asphalt and Concrete Batch Plant/Materials Storage/Commercial Officert Legal Part of S2 NW4 of Section 25, T1N, R68W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to WCR 11, %2 mile north of WCR 4. Parcel Number 1467 25 000029 , • The application is submltte to you rorreview a ;o�..,11rt riantron. Hny do"riimenfs 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. I i Weld County Planning Commission Hearing (if applicable) July 17, 2001 it I ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan I ❑ -We have reviewed the request and find no conflicts with our interests. O See attached letter. II Comments: /I . - Sk 5`e_XY1 opasa, u1J +V& & . (Ishtincl HI SID 52ifl al Ai .✓iun-f hI ihu) cN1/45. No H Cmrv1 .✓i+ Signature -f _ Date �/I 4/0 Ag ency pp 9 Y Y�CC iT C�P�.S � 1 I4 +Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext.3540 t(970)3i, - XHts� i�. • EI6 Memorandum TO: Chris Gathman, Department of Planning Services IIIIII C. DATE: June 14, 2001 FROM: Charlott Davis, Environmental Health Services COLORADO SUBJECT: USR-1341, Varra Companies, Inc. Environmental Health Services has reviewed this proposal for an Asphalt and Concrete Batch Plant/Materials Storage/Commercial Office. We have no objections to the proposal, however, in reviewing the application we observed that the applicant is proposing bottled water as the facility's source of water. We don't believe that bottled water is an"adequate" source of water for this type of operation. The facility plans to operate at location for many years, thus we believe a permanent water supply i.e well, community system, etc. is more appropriate to serve the sanitary needs of the staff and visitors to the facility. We do recommend that the following conditions be part of any approval: We recommend that the following requirements be met prior to allowing the plat to be recorded: 1. Submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit application to the Air Pollution Control Division, Colorado Department of Health and Environment. 2. Submit a dust abatement plan to the Environmental Health Services, Weld County Department of Public Health & Environment, for approval prior to operation. 3. The applicant shall provide evidence that the facility has an adequate water supply. 4. An individual sewage disposal system is required for the proposed facility and shall be installed according to the Weld County Individual Sewage Disposal Regulations. The septic system is required to be designed by a Colorado Registered Professional Engineer according to the Weld County Individual Sewage Disposal Regulations. 5. If applicable, a CPDS Permit shall be obtained from the Water Quality Control Division of the Colorado Department of Health for any proposed discharge into State Waterways:The installation of the septic system shall comply with the Weld County I.S.D.S. flood plain policy. 6. The applicant shall provide evidence that any vehicle washing area will be designed and constructed to capture all effluent and prevent any discharges from drum washing and the washing of vehicles in accordance with the Rules and Regulations of the Water • • Control Commission and the Environmental Protection Agency. EXHIBIT USR-1341 Varra Companies, Inc Page 2 7. The applicant shall submit a waste handling plan, for approval, to the Environmental Health Services Division of the Weld County Department of Public Health& Environment. The plan shall include at a minimum,the following: 1) A list of wastes which are expected to be generated on site(this should include expected volumes and types of waste generated). 2) A list of the type and volume of chemicals expected to be stored on site. 3) The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number). We recommend that the following requirements be incorporated into the permit as"development standards": 1. The facility shall operate in accordance with the approved dust control plan. The facility shall have sufficient equipment available to implement appropriate dust control. Additional control measures shall be implemented as required by the Weld County Health Officer. 2. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 3. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a"solid waste" in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. 4. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 5. Fugitive dust shall be controlled on this site. 6. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as delineated in 25-12-103 C.R.S., as amended. 7. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from the facility area in a manner that will prevent nuisance conditions. 8. The applicant shall have an adequate water supply. 9. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. 10. Adequate toilet facilities shall be provided for employees and the public. USR-1341 Varra Companies, Inc Page 3 11. The operation shall comply with the Occupational Safety and Health Act (OSHA). 12. Any vehicle washing area(s) shall capture all effluent and prevent discharges from drum washing and the washing of vehicles in accordance with the Weld County Code,the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. 13. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and handled in a safe manner. Reference 25-8-205.5 Colorado Water Quality Control Act and Rules and Regulations thereof. Weld County Pia .inQ@Bptatit4- (9h8 I,2.Oc.1 kl,P 2 0 200(get 1 ° RECEIVED Weld County Referral 119 May 30, 2001 C. COLORADO The Weld County Department of Planning.Services has received the following item for review: Applicant Varra Companies, Inc. Case Number USR-1341 Chris Gathman I Please Reply By June 13, 2001 Planner ' Project Special Use Permit Application for an Asphalt and Concrete Batch Plant/Materials Storage/Commercial Office 6 Legal Part of S2 NW4 of Section 25, Ti N, R68W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to WCR 11, '/ mile north of WCR 4. Parcel Number 1467 25 000029 • . 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) July 17, 2001 Cl We have reviewed the request and find that it does/does not comply with our Comprehensive Plan Nit. We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. Comments: ©LCIS tCia Chu I errut,trn-1 { rra. Signature Date 64 /1 q/Q l Agencytfiii—;_>529.AerIJ Cy► rt +Weld County Planning Dept. +1555 . 17th Ave. Greeley, CO. 80631 +(970)353-6100 ext.3540 � ` r Weld County Referral ' May 30, 2001 C. COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Varra Companies, Inc. Case Number USR-1341 Please Reply By June 13, 2001 Planner Chris Gathman Project Special Use Permit Application for an Asphalt and Concrete Batch Plant/Materials Storage/Commercial Office Legal Part of S2 NW4 of Section 25, Ti N, R68W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to WCR 11, 'h mile north of WCR 4. Parcel Number 1467 25 000029 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) July 17, 2001 ❑ Jtie have reviewed the request and find that it does/does not comply with our Comprehensive Plan 07 We have reviewed the request and find no conflicts with our interests. O See attached letter. Comments: a D Q, (4-.Al, t_q ( " �, . v•o, Alan: iv- cwt�- _ RUM k. / AIn a KA��i ILL Signature /1111 Cn Date ) LA ' ? 213O7 Agency AriNt� ��D . rte• ry �StL.-P.tF +Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext.3540 mew I II it 6 I - • • May 30, 2001 C COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Varra Companies, Inc. Case Number USR-1341 Please Reply By June'13, 2001 Planner Chris Gathman Project Special Use Permit Application for an Asphalt and Concrete Batch Plant/Materials Storage/Commercial Office Legal Part of S2 NW4 of Section 25, Ti N, R68W of the 6th P.M., Weld County, Colorado. Location West of and adjacent to WCR 11, '1 mile north of WCR 4. Parcel Number 1467 25 000029 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 (`applicable) July 17, 2001 O 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 knl \� l`_\ Signature Agency HlBR \ q+Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext.3540 +(97f UL-09-7' !0:I3AM FROM-BROOMFIELD ' -4MUNITY DEV +3034386297 T-896 P.02/02 F-826 City of Broomfield ONE PESCOMBES DRIVE BROOMFIELD,CO 80020 (300)469-3301 December 28, 2000 Chris Gathman, Planner Weld County Planning Department 1555 N. 17`h Ave. Greeley, Colorado 80631 Re: Referral of Special Review Permit- Case Number USR 1341 (Varra) Dear Chris Gathman: Thank you for the referral. The City of Broomfield's primary concern relates to the improvement and maintenance of public roads that will be utilized by truck traffic generated in connection with operations on the property. The City has annexed County Road 11 from approximately WCR 6 to WCR 8. We are obliged to maintain this roadway and WCR 6 and are concerned about the roads holding up to the proposed heavy truck traffic. We ask as a condition of approval that Varra Companies execute an improvement and maintenance agreement with the City of Broomfield and improve and pave the two-lane Weld County Road 11 to City standards and specifications. Sincerely, John A. Franklin Ill MCP Planning Director Copy to: Wayne Ramey, Deputy Director of Public Works Burt Knight, Acting City Engineer Referral file EXHIBIT I Zd Jul 05 01 04: 19p Gre' =r Brighton Fire 3O3r5941O3 p• = NP , GREATER BRIGHTON FIRE m�a irP: PROTECTION DISTRICT I t':. 425 South Main Street R e' ,fi�, ► fir , 5 ,. ; .? • Brighton, Colorado 80601 E T gbrpdadmin@uos,oet sROrECT\0N • FACSIMILE TRANSMISSION DATE: ,7 /-5749 FAX NUMBER: 970 . 3O`-( . Coq 58 TO: kJ C.et„ r DEA°F r-,Fe.) r ce r�Lr� .a , , q SE-a.../ ,c ATTENTION: Ch4e/5 FROM: Number of pages being sent (including this page): 2- THE ORIGINAL WILL WILL NOT FOLLOW. URGENT: YES NO IF THERE IS A PROBLEM WITH THIS TRANSMISSION, PLEASE CALL 303-659-4101 Confidentiality: the information contained in this facsimile message is legally privileged . Confidential information or work product intended only for the use of the individual or entry above. If the reader of this message is not the recipient you are here by notified that any use, dissemination, distribution Or coping of this telecopy is strictly prohibited If you have received this telecopy in error, please immediately notify the sender by telephone and return the original message to us at the address above via United Postal Service. MESSAGE: A: �ifsf " US,e- /35`l Of\ Phone e 303-654-4101 Fa n 303.659-4103 Jul 05 U1 04: 19p Gre; >r Brighton Fire 303riS4103 p. 2 GREATER BRIGHTON FIRE v;i0 s ¢ ` s ' v r � • t' PROTECTION DISTRICT "l. „ 425 South Main Street R S at'f^ �y�yt.: 4,,, ;�` .e A „t,• Brighton, Colorado 80601 F gbfpdadmin(alttos,net PRor`i�4 Weld County Department of Planning Services JULY 3, 2001 c/o Chris Gathman 1555 North 17th Avenue Greeley, Colorado 80631 Subject Varra Companies Inc., case N USR-1341 The following comments are made in response to the above noted site plan reviews. The Uniform Fire Code, 1997 Edition,and other codes or standards referenced within the Fire Codes as adopted by the County Commissioners,governs these comments and resulting requirements. General Comments: 1. What type of fire protection systems arc planned to be provided on this site,i.e. NFPA 13 Sprinkler System; Cisterns near each building site;or a lined retention pond w/automatic refill capability with Dry Hydrant and access road. {fire flow to be calculated later} 2. A minimum of two access roads must be provided to the site,capable of handling fire apparatus during all potential weather conditions. The roadways must be a minimum of 20 feet in width without parked cars in that area. All roadways will have a maximum inside turning radius of 32 feet, and 52 feet minimum outside radius.An approved turn-a-round shall be provided for dead- end roadways exceeding 150 feet in length. 3. Regarding the refueling of mobile equipment utilized onsite; plans shall be submitted to the Fire District for review and approval for any onsite storage/dispensing systems. 4. Plans, as submitted, do not provide access roads to the 4.17 acre commercial building,office, and yard section of the property. Plans for providing access to this acreage shall be submitted to the Fire District for review and approval. 5. The Fire District is very concerned about possible access conflicts if the railroad spur is constructed as shown. Please forward to the Fire District details to ensure emergency vehicle access to the site, in the event the railway spur is occupied. Should there be any questions concerning these requirements, please do no hesitate to contact this office. Res p ,tfully,_ . ..... • Kris Krengcl Lieutenant, Fire Prevention Office Phew:8303-659-4101 303-659-t101 Fax#34-6594103 Weld County Planning Dept. WELBORN SULLIVAN MECK &TOOLEY PC. 2.'i'i 821 17th Street,Suite 500 Denver,Colorado 80202 ATTORNEYS AT LAW Telephone:303-830-2500 R. E C E I V E D Facsimile:303-832-2366 E-mail:wsmt@wsmtlaw.com John F Welborn Stephen J.Sullivan John F Meek Keith D.Tooley Kendor P Jones JJul 9, 2001 Brian S.Cooley uly Thomas C.McKee Molly Sommerville William R.Rapson Kathryn Haight Via Telefax and U.S. Mail Stephen A.Bain Amy C.Mang Daniellev Smith Mr. Chris Gathman Rebecca N.Welborn Department of Planning Services Special counsel 1555 N. 17th Avenue Norman S.Early Jr. Greeley, CO 80631 Of Counsel Robert E Welborn Re: Varra Companies, Inc. USR 1341 Township 1 North, Range 68 West Section 25: S2NW4 (portion) Weld County, Colorado Dear Chris: 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 Varra Companies, Inc. ("Varra") for the property referenced above ("Property"). RME Land and RME Petroleum together own all of the minerals that underlie the Property. 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 July 9, 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. Brad Janes/Varra Companies, Inc. Chris Greneaux/HS Resources, Inc. S:\MLS\Union\Varra\Galliman IV_070901 wpd WELBORN SULLIVAN MECK &TOOLEY, PC. 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 E Welborn Stephen J.Sullivan July 9, 2001 John F Meek Keith D.9'ooley Kendor P Jones Brian S.Tooley Thomas C.McKee Members of the Planning Commission Molly Sommerville and the Board of County Commissioners William R.Rapson Kathryn Haight of Weld County Stephen A.Bain 1555 N. 17th Avenue Amy E.Mang Danielle V Smith Greeley, Colorado 80631 Rebecca N.Welborn Special Counsel Norman S.Early,Jr. NOTICE OF MINERAL INTERESTS OWNED BY RME LAND CORP. Of Counsel AND RME PETROLEUM COMPANY AND OBJECTION Robert F Welborn Re: Varra Companies, Inc. USR 1341 Township 1 North, Range 68 West Section 25: S2NW4 (portion) 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 a portion of the S2NW4 of Section 25, Township 1 North, Range 68 West ("Property"). RME Land and RME Petroleum together own all of the minerals that underlie the Property. RME Land and RME Petroleum wish to give notice to Weld County ("County") of the mineral interests 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 asphalt and concrete batch plant 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. The following are comments in support of this Notice and Objection: Members of the Planning Commission and the Board of County Commissioners July 9, 2001 Page 2 1. The Mineral Resources Owned by RME Land Corp. RME Land owns all of the minerals except for the oil and gas that underlies the Property. A senior geologist for RME Land has evaluated the Property for coal potential and determined that the Property is within the Boulder-Weld Coal Field where there has been extensive coal mining in the past. The coal lies within Seam#3 of the Laramie Formation at a depth of less than 500 feet and has a high BTU in the range of 9180 to 9800 btu/lb and a low sulfur content of between 0.3 and 0.8%. The geologist opines that there may be approximately 5.425 million tons of coal under Section 25 where the Property is located. Please also find enclosed the pertinent portions of the Weld County Coal Resources Map prepared by the Weld County Planning Commission (July 1, 1975) and the Coal Resources and Development Map of Colorado prepared by the Colorado Geological Survey. Both maps identify the coal resources that underlie the Property. 2. 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 believes that HS Resources, Inc. ("HS") has been assigned oil and gas leasehold interests in the Property and that HS operates at least one well in the SW4NW4. 3. 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 to mineral estate owners as a condition to the approval of the application by the local jurisdiction. Members of the Planning Commission and the Board of County Commissioners July 9, 2001 Page 3 4. 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 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 ("Railroad")gave a deed to Katherine Toll dated May 8, 1902 and recorded in the Weld County Clerk and Recorder's office on June 4, 1902 in Book 201 at Page 11 in which it reserved all of the minerals. The Railroad 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. 3. An Action by the County to Approve the Application may Amount to a Regulatory Taking within the Meaning of the State and United States Constitutions for which the County Could Be Required to Pav 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.' 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 1See 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. 2See,for example, Lucas v. South Carolina Coastal Council, 505 U.S. 1003, 112 S.Ct.2886, 120 L.Ed.2d 798(1992). Members of the Planning Commission and the Board of County Commissioners July 9, 2001 Page 4 compensation because of government regulations which disallowed the development by the companies of their mineral rights.3 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 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. Brad Janes/Varra Companies, Inc. 3See 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). S:\MLS\Union\Varna\Weld_County_Itr_070901.wpd T N WELD COUNTY COAL RESOURCES i ism-I GENERAL COAL RESOURCES I •• 5 STRIPPABLE COAL RESOURCES I N • • .4 x MINES (active and abandoned ). • 1 ..I T 4 I ,. I INFORMATION OBTAINED FROM COLORADO DIVISION OF MINES, UNITED STATES BUREAU OF MINES, AND COLORADO LAND USE COMMISSION. $975 I T S N J I I T • 2 1 N -� i 1 i a N N • s, A. Lois I ,, • MO �IL[�J11MT • •.• I All[T It I Fr Alb'1s f7 I pporppr eI„Nit T ' i e •I °L / . ! P^e �i N I • La alliftaamalt J I. w�If! w:'► __• Rolla Milliken _—_ 4iii I /. _ ___. _. . _. rif •T • _c 1_ `�J l Irall I r7 _-:a..t.= • ..... i ..... ..... .... . ... , 7 earileFell:„.... .. —.. ... OF . ... 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