HomeMy WebLinkAbout992275.tiff RESOLUTION
RE: SET HEARING DATE TO CONSIDER CONDITION OF APPROVAL#2.D OF SITE
SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT#1219 - SAND
LAND, INC., % PASQUALE AND JACQUELINE VARRA
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on April 28, 1999, the Board of County Commissioners conditionally
approved the application of Sand Land, Inc., `/o Pasquale and Jacqueline Varra, 12910 Weld
County Road 13, Longmont, Colorado 80504 for a Site Specific Development Plan and Special
Review Permit #1219 for Open Cut Gravel Mining and a Batch Plant in the A (Agricultural) Zone
District on the following described real estate, to-wit:
Part of the NE% of Section 29, and NW% and
N'/4SW'% of Section 28, Township 3 North,
Range 67 West of the 6th P.M., Weld County,
Colorado
WHEREAS, said applicant has requested the Board of County Commissioners to
reconsider Condition of Approval #2.D of said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of
the Weld County Attorney and all of the exhibits and evidence presented in this matter and,
having been fully informed, finds that this request shall be scheduled for a public hearing before
the Weld County Board of Commissioners on the 4th day of October, 1999, at 9:00 a.m.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the request of Sand Land, Inc., % Pasquale and Jacqueline Varra
to reconsider Condition of Approval #2.D of Site Specific Development Plan and Special Review
Permit#1219 for Open Cut Gravel Mining and a Batch Plant in the A (Agricultural) Zone District
on the hereinabove described parcel of land be, and hereby is, set for a public hearing on
October 4, 1999, at 9:00.
71_.) CA Jarra- 992275
� PL1300
CONDITION OF APPROVAL#2.D FOR USR #1219 - SAND LAND, INC., % PASQUALE AND
JACQUELINE VARRA
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 13th day of September, A.D., 1999.
BOARD OF COUNTY COMMISSIONERS
- I��� r ELD COUN C LO DO
III/�((////�//l/��
Qom e " ' Dale K. Hall, Chair
.A I r to the Board
EXCUSED
Barbar J. Kirkmeyer, Pro-Tem
i( ` u rk to he Board f(
Geor E. B r
APPROVED TO FORM:
M. J. eile
unty Attorney EXCUSED
Glenn Vaad
992275
PL1300
MOtari
MEMORANDUM
TO: Board of County Commissioners September 9, 1999
Wi`P€ FROM: Bruce T. Barker, Weld County Attorney
COLORADO
SUBJECT: USR# 1219, Condition of Approval
Use by Special Review Permit#1219 was approved by the Board of County Commissioners on
April 28, 1999. The applicant, Sand Land, Inc., has been having trouble meeting one of the
conditions of its permit regarding oil and gas development. The company has provided
documentation of the negotiation process and evidence it believes shows efforts at
accommodation. See the attached letter, dated August 31, 1999, from Thomas R. Ripp, Esq.
Condition of Approval 2.D. reads: "The applicant shall submit a copy of an agreement with the
property's mineral owners stipulating that the oil and gas activities have adequately been
incorporated into the design of the site." As you can see, this condition does not provide an
"either or provision," meaning that it does not say: "show us an agreement or reasonable
accommodation." However, it could be implied that this type of condition dealing with surface
accommodation of mineral development allows for the submittal of evidence documenting
reasonable accommodation. Planning staff is therefore asking the Board to either reconsider this
condition or determine that the condition has been satisfied by the documentation submitted. If
the Board decides to reconsider the condition,then the matter will need to be set for a full hearing
with notice to H.S. Resources (unless that company waives notic
Bruck T. 3arker, Weld County Attorney
992275
BOATRIGHT 8c RIPP, PLLC
Ofrovred qa
4315 WADSWORTH BOULEVARD
WHEAT RIDGE,COLORADO 80033
TELEPHONE(303)423-7131
THOMAS R. RIPP August 31, 1999 FAX(303)423-7139
Lee D. Morrison, Esq. SEP 0 1 1999 }
Weld County Attorney 1 ;,;--
Weld County Courthouse a"VELD COUNT"
P. O. Box C "'",'*RNEY�'�-_
Greeley, CO 80632
Re: Sand Land, Inc. —Kurtz Resource Recovery and Land Development Project
Colorado Division of Minerals & Geology Permit No. M99-006
Weld County Use By Special Review Permit USR 1219
Dear Mr. Morrison:
As you have been made aware, the document in the form as set forth in attached Exhibit 1
was given to H. S. Resources (H.S.R.) for execution. A document in the same form was
obtained from KN Energy, Inc. which was returned by KN Energy without comment. H.S.R. on
the other hand seeks to rewrite the rights which they have under the oil and gas leases which they
succeeded to. In other words, H.S.R. is seeking to greatly enhance their situation given the
County's requirement for a letter of accommodation with the oil and gas producer.
Sand Land, Inc., the owner of the property and Varra Companies, the extractive operator,
do not believe that a rewritten"surface use agreement" is appropriate or fair given this situation.
A comparison of the proposed "surface use agreement" to the existing leases in effect
demonstrates that H. S. Resources is attempting to obtain significant additional rights given the
County's request for an accommodation letter. The two primary leases under which H.S.R.
claims rights are a February 1970 lease between Albert Kurtz, et al. and T. S. Pace and a May
1974 lease between Amoco Production Company and Albert Kurtz. The T. S. Pace lease does
refer to a requirement that no well be drilled closer than 200 feet to any structure and that all
pipelines be buried below plow depth. The Amoco Production Company lease makes no
references to pipeline depth requirements or set backs regarding wells. It is true that there are
several pipeline easement agreements under which H. S. Resources also apparently claims rights.
Those agreements are more explicit in that, at least with regard to pipelines, set backs from the
pipelines are specified (usually 12.5 feet after installation) and vary between 24 and 42 inches of
depth for burial of any traversing or extractive pipeline.
Lee D. Morrison, Esq.
Weld County Attorney
August 31, 1999
Page 2
H. S. Resources seeks to be guaranteed a 100 foot radius around all existing wells, and
have Sand Land either construct or maintain access roads which must be 25 feet in width to all of
the producing wells. H.S.R. also stipulates that the construction and maintenance of the roads
be at Sand Land's expense. In addition, H.S.R. seeks to restrict the stockpiling of any soil or
extracted materials over any existing pipeline.
The above conditions are not set forth in the existing right-of-way grant or the leases
under which H.S.R. claims a right of drilling. What H.S.R. is seizing upon is an opportunity to
expand its rights given the rather benevolent concern which the County has to simply make sure
that it is being given sufficient consideration under the mining operations of Sand Land. We do
not believe the Commissioners intend that their concern for the rights of mineral owners be used
as a device to gain leverage over the rights of a surface owner.
While Sand Land cannot agree to the terms requested by H.S.R., it has made reasonable
provisions for H.S.R. it its extraction operations. Sand Land is furthermore willing to commit to
certain terms to accommodate the concerns of H.S.R. as follows:
1. Access Easement. Sand Land will provide access to and from the
well heads by way of a 25 foot wide designated area. Sand Land will not create
any permanent obstructions which interfere with access to a well head.
Temporary obstructions can be removed by Sand Land upon request. With regard
to the cost of installing and maintaining a 25 foot access corridor, Sand Land will
rely on current recorded agreements. Sand Land does reserve the right to relocate
any access when extraction of sand and gravel makes the same necessary.
Alternate access will be provided in that event.
2. Stockpiling of Materials. There is no evidence of stockpiling of
material is detrimental to any pipeline structures. Sand Land obtained a
certification and review of stockpiling activities by a Colorado registered
professional engineer. Reference can be made to Exhibit C-3 of Sand Land's
previous submittal to the County for its permit. That exhibit is the "protection of
existing facilities plat". Brad Janes will drop that document off if you have not
seen it.
3. Access to Well Heads. H.S.R. has requested a 100 foot radius
around the oil and gas well heads. This seems to be somewhat extreme. Sand
Land acknowledges that there is an Oil and Gas Conservation Commission rule
that states non-production vehicles be parked at a distance not less than 100 feet
from a well head (Rule 602(c)). Parking has not been a problem for H.S.R. in the
past and should not be in the future. As to the rule for inflammable materials,
Lee D. Morrison, Esq.
Weld County Attorney
August 31, 1999
Page 3
they must be kept 25 feet from the well head and Sand Land will accommodate
that need (Rule 603(b)(7)).
Getting back to the H.S.R. 100-foot radius request, Sand Land will maintain that
radius at approximate original contour levels around existing well heads. Sand Land
reserves the right to mine within 25 feet of any well head provided that after the sand and
gravel is removed the area surrounding the well head is back filled so that there will again
be a 100-foot radius at the approximate original contour. Sand Land will coordinate this
activity with H.S.R. in writing prior to such mining activity.
As can be seen, Sand Land is trying to be as reasonable as possible in dealing
with H.S.R. H.S.R. wants to cut a better deal than it has under the leases which it
obtained, using the County mining permit process as leverage. That is not fair and we
hope you and the County Commissioners agree with that position. If you do agree, Sand
Land will then provide your office with a "buffer drawing" which graphically portrays
the information set forth in this correspondence.
Sand Land very much wishes to bring this matter to a fair and speedy conclusion.
Specifically, Sand Land seeks relief through your office by determination that reasonable
accommodation has been made and that the accommodation meets the intent of present
County regulations in addition to Condition No. 2D, of the approved USR#1219. Please
contact me if you have any questions about this.
Sincerely,
BOATRIGHT&.RWP,PLLC
Thortias.&--Ripp ._
TRR/ggs
cc: Client
0UG-1i-99 10143 nM VORRn COMPfMIES 970 353 4047 P. 02
Varra Companies, Inc.
2130 S.966 Street•Broomfield,Colorado 80020•Telephone(303)666-6657•FAX(303)666-6743
21 June 1999
To: Donald French, Landman
H.S. Resources, Inc.
1999 Broadway, Suite 3600
Denver, Colorado 80202
From: Christopher L. Varra, President
Varra Companies, Inc.
Subject: Sand Land, Inc. - Kurtz Resource Recovery and Land Development Project
located within the NE/4Sec28 and NW/4&N/2SW/4Sec29; Township 3 North, Range
67 West, 6th P.M. Weld County, Colorado. Weld County USR1219. Colorado Division
of Minerals and Geology Permit M99-006.
•
Your signature below acknowledges that the above stated project has adequately
incorporated H.S. Resources, Inc. oil and gas activities on this property into the project
design. A copy of the Pre-mining Plan Map C-1 showing the facilities is included
along with the Mining Plan Map C-2, to show the relationship between your facilities
and our operations.
Please return the signed form immediately in the self addressed stamped envelope
included for your convenience, and retain the included copy for your records. If you
need further information or clarification, please contact me directly at (303) 882-5020,
or my associate, Bradford Janes at (970) 353-8310. Your cooperation is appreciated.
Acknowledged by:
Date:
Donald French, Landman
H.S. Resources, Inc.
EXHIBIT
1
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