HomeMy WebLinkAbout941739.tiffIRA C. ROTHGERBER (1878-1988)
WALTER M. APPEL (1879-1961)
OF COUNSEL
IRA C. ROTHGERBER, JR.
WILLIAM S. POWERS
ROBERT S. APPEL
DARRELL M. DALEY
DIRECT DIAL (303) 628-9960
ROTHGERBER, APPEL, POWERS & JOHNSON
SUITE 3000
ONE TABOR CENTER
1200 SEVENTEENTH STREET
DENVER, COLORADO 80202
TELEPHONE (303) 623-9000
FAX (303) 623-9222
October 20, 1994
Mr. Keith Schuett
Department of Planning Services
Weld County Administrative Offices
1400 North 17th Avenue
Greeley, CO 80631
RE: Rocky Mountain Railcar
Dear Mr. Schuett:
CHEYENNE, WYOMING OFFICE
SUITE 210
ONE PIONEER CENTER
2424 PIONEER AVENUE
CHEYENNE, WYOMING 82001
TELEPHONE (307) 6386282
FAX (307) 630-6686
This letter is intended to update you on the efforts of Bill
Westmark, as the duly appointed Chapter 11 bankruptcy trustee for
Rocky Mountain Railcar, to comply with existing permits and
regulations at the railcar facility. Nelson -Clark Remediation of
Cheyenne, Wyoming has finished its OSHA/Environmental compliance
audit. Based on the results of that compliance audit, we have
prioritized the items for remediation which must be taken at the
facility. NCR will commence those efforts within the next ten
days.
Items of first priority include, but are not limited to,
paint shop electrical work, proper storage of paints and
solvents, proper barrel storage and segregation of materials,
implementation of fire prevention and suppression programs,
movement of propane storage tanks, review of spill containment
capacities, correction of shop area problems, refinement of
confined space entry program, and recharge of fire extinguishers.
In addition, efforts to address each of the concerns listed in
your August 9, 1994, inspection report will be undertaken as
necessary.
dCt 2 A. 1g94
4)-i
cm 1131
pL039(�
Mr. Keith Schuett-
October 20, 1994
Page 2
' If you would like to discuss the specific efforts we are
taking, or discuss any further concerns you have, please call.
Very truly yours,
ROTHGERBER, APPEL, POWERS & JOHNSON
DMD/ef
cc: William Westmark
Elizabeth E. Brown, Esq.
IRA C. ROTHGERBER (1678-1956)
WALTER M. APPEL (1879-1981)
OF COUNSEL
IRA C. ROTHGERBER, JR.
WILLIAM S. POWERS
ROBERT S. APPEL
DARRELL M. DALEY
DIRECT DIAL (303) 628-9550
ROTHGERBER, APPEL, POWERS & JOHNSON
SUITE 3000
ONE TABOR CENTER
1200 SEVENTEENTH STREET
DENVER, COLORADO 80202
TELEPHONE (303) 623-9000
FAX (303) 623-9222
August 11, 1994
Mr. Barry Kramer
Building Inspection Technician
Department of Planning Services
Weld County, Colorado
Weld County Administrative Offices
1400 North 17th Avenue
Greeley, CO 80631
RE: Rocky Mountain Railcar, Inc.
Dear Mr. Kramer:
CHEYENNE, WYOMING OFFICE
SUITE 210
ONE PIONEER CENTER
2424 PIONEER AVENUE
CHEYENNE, WYOMING 82001
TELEPHONE (307) 638-6262
FAX (307) 636-6865
As previously discussed, this office represents Bill
Westmark, the duly appointed Chapter 11 Trustee for the
bankruptcy estate of Rocky Mountain Railcar, Inc. We are in
receipt of your report concerning the July 22, 1994, inspection
of Railcar's property. Your inspection report was addressed and
delivered to Ron Maynard. In the future, please address all
correspondence and reports to Mr. Westmark, at the following
address, with a copy to this office:
William J. Westmark
Chapter 11 Trustee for Rocky Mountain Railcar, Inc.
2861 Raymond Drive
Loveland, CO 80538
Vr_ TTgt
tAUG 1 2 1444
nna*1 r,cmity Planning
ROTHGERBER, APPEL, POWERS & JOHNSON
Mr. Barry Kramer
August 11, 1994
Page 2
Please do not discuss these matters with Mr. Maynard, as he is
presently not in charge of the Railcar facility.
Very truly yours,
ROTHGERBER, A BEL.. DOWERS & JOHNSON
rrell M. Da
DMD/ef
cc: William J. Westmark
Elizabeth E. Brown, Esq.
UNITED STATES BANKRUPTCY DO 1\IrSEP 2 2 1994
FOR THE DISTRICT OF COLORADO Ij
" "A 1RaMJ Planning
In re:
ROCKY MOUNTAIN RAILCAR, INC.
E.I.N. 84-0953951,
Debtor.
In re:
RONNIE LYNN MAYNARD
SS# and
DIANE LYNNE MAYNARD,
SS#
Debtors.
Bankruptcy Case No.
93-20142-SBB
(Chapter 11)
Bankruptcy Case No.
93-22495-CEM
(Chapter 11)
JOINTLY ADMINISTERED CASE
NO. 93-20142-SBB
NOTICE OF FILING OF PROOF OF CLAIM TO
WELD COUNTY HEALTH DEPARTMENT (MAYNARD CASE)
This Notice is to inform you that a Proof of Claim has been
filed on your behalf in this case. The claim is filed as an
unsecured claim in the amount of $ UNLIQUIDATED/CONTINGENT ; a
copy of the claim is attached to this Notice.
DATED this 14th day of September, 1994.
Respectfully submitted,
ROTHGERBER, APPEL, POWERS & JOHNSON
Elizabeth E. Brown, No. 15921
1200 17th Street
Suite 3000
Denver, Colorado 80202
(303) 623-9000
Attorneys for William J. Westmark,
Chapter 11 Trustee
CERTIFICATE OF MAILING
I hereby certify that on this 14th day of September, 1994, I
mailed a true and correct copy of NOTICE OF FILING OF PROOF OF
CLAIM TO WELD COUNTY HEALTH DEPARTMENT, postage prepaid, and
addressed as follows:
Leo Weiss
Office of the U.S. Trustee
721 - 19th Street, Suite 408
Denver, Colorado 80202
John B. Wasserman, Esq.
1999 Broadway
Suite 2305
Denver, Colorado 80202
Weld County Health Department
c/o Keith Schuett
1400 N. 17th Avenue
Greeley, CO 80631
78439/P-Pmof.Not —2—
•
United States Bankruptcy Court
For the District of Colorado
PROOF OF CLAIM
Inm: RONNIE LYNN MAYNARD, Social Security
# and DIANE LYNNE MAYNARDI
Social Security #
Debtors.
Case Number 93-22495-0EM (Chapter 11)
Jointly Administered Under
Case No. 93-20142SBB
NOTE: This form should not be used to make a claim for en administrative expense arising after the
commencement of the case. A "request of payment of en administrative expense may be filed
pursuant to 11 U.S.C. 5 503.
Name of. creditor
WELD COUNTY HEARH DEPARTMENT
Name and Address where Notices Should be Sent
c/o Keith Schuett
1400 N. 17th Avenue
Greeleyc CO 80831
-also to -
William J. Westmark, Chapter 11 Trustee
2861 Raymond Drive
Inveland, Colorado 80538
Telephone No. (303) 683-8593
D Check box if you are aware that anyone
else has filed a proof of claim relating to
your claim. Attach copy of statement
giving particulars.
O Check box if you have never received
any notices from the bankruptcy court
in this case.
- p Check bon if the eddress differs from
the address on the envelope sent to you
by the court.
FILED BY
CO -DEBTOR
PURSUANT Too
11 u.s.c. § 501(b)
AND BANICR.
RULE 3005(a)
THIS SPACE IS FOR
COURT USE ONLY
Account or Other Number by Which Creditor
Identifies Debtor
Check here if this claim E amends } a previously filed claim
dated
1. BASIS FOR CLAIM
Goods sold O Retiree benefits as defined in 11 U.S.C. 5 1114(a)
D Services performed 0 Wages, salaries, and compensations (fill out below)
D Money loaned Your social security number
Personal injury/Wrongful death Unpaid compensations for services performed
O Taxes from to
X Other (Describe briefly) Alleged Violations of
Emironrtental/Safety/Pemittirg Laws and Regulations (date) (date)
2. DATE DEBT WAS INCURRED
VARIOUS
3. IF COURT JUDGMENT, DATE OBTAINED
N/A
4. CLASSIFICATION OF CLAIM. Under the Bankruptcy Code all claims are classified as one or more of the following:
(1) Unsecured Nonpriority, (2) Unsecured Priority, (3) Secured. It is possible for part of a claim to be in one category and part in
another.
CHECK THE APPROPRIATE BOX OR BOXES that best describe your claim and STATE THE AMOUNT OF THE CLAIM
0 SECURED CLAIM.$
Attach evidence of perfection of security
interest
Brief Description of Collateral:
0 Real Estate 0 Motor Vehicle 0 Other
(Describe briefly)
Amount of arrearage and other charges included in
secured claim above, if any $
X UNSECURED NONPRIORITY CLAIM
$ UNLIQUIDATED/CONTINGENT
A claim is unsecured if there is no collateral or
lien on property of the debtor securing the claim
or to the extent that the value of such property
is less than the amount of the claim.
X UNSECURED PRIORITY -CLAIM $ u-NUQU:DATEO/CONTINGENT
Specify the priority of the. claim
O Wages, salaries or commissions (up to $2,000) earned not more than
90 days before filing of the bankruptcy or cessation of the debtor's
business, whichever is earlier) - 11 U.S.C. 5 507(a)(3)
O Contributions to an employee benefit plan - U.S.C. 5 507(a)(4)
O Up to 5900 of deposits toward purchase, lease or rental of property or
services for personal, family or household use - 11 U.S.C. 5 507(a)(6)
O Taxes or penalties of governmental units - 11 U.S.C. I 507(a)(7)
O Other - 11 U.S.C. 5I 507(e)(21, (a)(5) - (Describe briefly)
784391 : Page 1 of 2.
TOTAL AMOUNT OF
CLAIM AT TIME $ $ $ $TO BE DETERMINED
CASE FILED: (Unsecured) (Secured) (Priority) (Total)
❑ Check this box if claim includes prepetition charges in addition to the principal amount of the claim Attach itemized
statement of all additional charges.
6. CREDITS AND SETOFFS: The amount of all payments on this claim has been credited and
deducted for the purpose of making this proof of claim. In filing this claim, claimant has deducted
all amounts that claimant owes to debtor.
undisputed
7. SUPPORTING DOCUMENTS: Attach copies of supporting documents, such as promissory notes,
purchase orders, invoices, itemized statements of running accounts, contracts, court judgments,
or evidence of security interests. If the documents are not available, explain. If the documents
are voluminous, attach a summary.
8. TIMED -STAMPED COPY: To receive an acknowledgment of the filing of your claim, enclose a
stamped, self-addressed envelope and copy of this proof of claim.
Date 9/14/94 Sign and print the name and title, if any, of the creditor or other person authorized
to file this claim (attach copy of power of attorney, if any)
ROTHGERBER, APPEL, POWERS & JOHNSON
By:
Elizabeth E. Brown
Attorneys for
William J. Weshnark
Chapter 11 Trustee of Rocky Mountain Railcar, Inc.
THIS SPACE IS FOR
COURT USE ONLY
Penalty foe pasennrp fnudtanr cfaLm. Fine of up to $500,000.00 orlmp sonnant for up to 5 Wars, or both 18 USG. t! 752 and 3677.
78439\ : Page 2 of 2 .
INSPECTION REPORT
NAME: Ron L. Maynard, Operator
Rocky Mountain Railcar, Inc.
P.O. Box 218
Hudson, CO 80642
LEGAL DESCRIPTION OF PROPERTY: Part of the NE4 of Section 2, T1N, R65W of
the 6th P.M., Weld County, Colorado.
DATE: July 22, 1994
CASE NUMBER: USR-821
The property was inspected to determine if the Conditions of Approval and
Development Standards, as approved are in compliance. The following Development
Standards, as approved for USR-821, are not in compliance.
Standard Number 1 states:
A site specific development plan and special review permit for a railcar
maintenance, repair, and missile launch facility as submitted in the
application materials on file in the Department of Planning Services and
subject to the development standards stated hereon.
A salvage operation (cutting metal off railcars) was being conducted on the
southwest corner of the property. This use was not included in the Special
Review permit application materials and was not approved as part of the existing
recorded Special Review permit.
Standard Number 2 states:
Waste oil, waste paints, stains, treatments, creosote, anti -freeze, and
other associated liquid and solid wastes, shall be stored and removed for
final disposal in a manner that protects against surface and groundwater
contamination.
There were 55 gallon drums of paint being stored on the south side of the
maintenance pit building. Paint residue could be seen on a cement pad that the
drums were being stored on. There may be potential for groundwater contamination
due to these materials being stored outside.
Standard Number 4 states:
No railcars containing hazardous wastes or materials or harmful levels of
residue of hazardous waste or materials shall be allowed onto the site
without written approval by the Weld County Health Department.
There was a tank car laying on the ground with the end of the car removed and a
white powder was seen on the ground by the end of the tank. Mr. Maynard
indicated that this powder was soda ash. All of the vegetation for about a 20
foot radius by the end of the tank was gone. There was also an area of ground
where yellow powder was laying on the soil. A dump truck was parked east of the
maintenance shop and was full of sulfur.
Standard Number 19 states:
The special review area shall be limited to the plans shown hereon and governed
by the foregoing standards and all applicable Weld County regulations. Major
changes from the plans or development standards as shown or stated shall require
the approval of an amendment of the permit by the Weld County Planning Commission
and the Board of County Commissioners before such changes from the plans or
development standards are permitted. Any other changes shall be filed in the
office of the Department of Planning Services.
1. The area between the north entrance road and the railroad spurs is being
used to store a large amount of railroad ties.
2. The railroad spurs have numerous railroad cars being stored on them that
don't appear to be there for maintenance.
3. The southwest 1/4 of the Use by Special Review site is being used for a
salvage operation with large piles of scrap metal and wrecked cars laying
on the ground.
4. There is storage of railcar parts at various locations of the Use by
Special Review site that are not shown on the recorded plat.
5. There was a large pile of sand at the SE4 of the property that is being
used to sandblast cars. This operation is suppose to be conducted in the
maintenance pit building.
Standard Number 20 states:
The property owner or operator shall be responsible for complying with all
of the foregoing development standards. Noncompliance with any of the
foregoing development standards may be reason for revocation of the permit
by the Board of County Commissioners.
The property owner and/or operator is not maintaining compliance with all of the
approved standards. Standards, 1, 4, and 19 are not in compliance.
Barry Fer
Buildispection Technician
pc: County Attorney's Office
MEMORANDUM
TO: WELD COUNTY ADMINISTRATIVE OFFICES DATE: • June 20,1994
Mr. Keith Schuett-Current Planner
Department of Planning Services
1400 North 17th Avenue
Greeley, CO 80631
FROM: RONNIE LYNN MAYNARD
DIANE LYNNE MAYNARD
RE: SALE OF PROPERTY TO SNYDER OIL CORPORATION
This memorandum is in response to certain questions Weld County has voiced
regarding the sale of approximately 293 acres by Ron and Diane Maynard to Snyder Oil
Corporation.
The sale contemplates the retention of a 300 foot strip of land along the Burlington
Northern Railroad, extending from the Northwesterly line of the Northeast Corner of the N.E.
1/4 Section 2 of Township 1 North, Range 65W to the S.W. 1/4 Sec. 36, Township 2 North,
Range 65W. The sale also contemplates the retention of a 400 foot strip of land along the
south line of the North 1/2 of Section 1, extending from the S.W. corner of the North 1/2 of
Sec. 1, Township 1 North, Range 65W.
These strips are not separate parcels of land, but rather, are contiguous to and were
a part of the original conveyance to the Maynards of the "Rickertson Farm." There is no
subdivision involved in the transaction with Snyder Oil Corporation.
When the Maynards originally purchased the Rickertson Farm, we bought
approximately 500 acres. This consisted of all of the NE 1/4 of Section 2, Township 1 North,
Range 65 W. A copy of that warranty deed is attached hereto. In connection with the
acquisition of the "Rubel Farm" the Maynards received the SE 1/4 of Section 2, Township
1 North, Range 65W and the North 1/2 of Section 1, Township 1 North, Range 65W and part
of Section 36, Township 2 North, Range 65W. These parcels included the strips of land that
are being retained by the Maynards, not to be sold to Snyder Oil Corporation. A copy of
the deed of trust with a legal description is also attached regarding this transaction for your
convenience.
"o-'4 ra.,,,t,r Planning
Diane Maynard
The sale to Snyder Oil Corporation is a "carving out" of approximately 125 acres of
the N.E. 1/4 of Section 2, Township 1 North, Range 65W. There is no segregating of the
strips of land as they are remaining contiguous to the property not being sold by the
Maynards (S. 1/2 of Sec. 36, T.2N and N 1/2 Sec. 1, T.1N). They are a part of the larger
portions being kept by the Maynards.
Should you have any questions regarding this matter, or othecxnatters in connection
with the sale of the property, please do not hesitate to call u�at-(3th,654-0304. You may
also contact our counsel, John B. Wasserman or Melody [}a sonat (303)296-1999.
Fton MQn'ard
-2- H:\CLIEMIMAYNARD\WELD.MEM
Hello