HomeMy WebLinkAbout1.01 Updated Application Documents - 09.04.2025
HERBERT S. KLEIN PC* hsk@kceclaw.com 101 SOUTH MILL STREET
LANCE R. COTÉ, PC** (Ret) cote@kceclaw.com SUITE 200
JOSEPH E. EDWARDS, III, PC jee@kceclaw.com ASPEN, COLORADO 81611
KENNETH E. CITRON, PC*** kcitron@kceclaw.com TELEPHONE: (970) 925-8700
JOHN H. KENEALLY**** jkeneally@kceclaw.com www.kceclaw.com
*also admitted in Hawaii
**also admitted in California
***also admitted in New York and Massachusetts
****also admitted in New York
Sender’s Direct: (970) 925-8702
June 12, 2025
Glenn Hartmann
Philip Berry
Garfield County Community Development Department
108 Eighth Street, Suite 401
Glenwood Springs, Colorado 81601
Re: Spring Valley Ranch (Parcels No. 2187-201-00-168; 2187-262-00-168; 2187-
161-00-169; and 2187-331-00-152)
Dear Glenn and Philip:
As you know, I represent Spring Valley Holdings, LLC, a Colorado limited liability
company (“SVH”), the owner of the property known as Spring Valley Ranch (the “Property”) and
described in the deed recorded November 18, 2005, as Reception No. 686804 of the Garfield
County Records. This letter is intended to provide to you an update on the status of the application
for the PUD Amendment for the Property filed with you May 2023 and later revised and
supplemented in May and December of 2024 (the “Application”).
The Applicant originally listed in the Application (and authorized by SVH) was Storied
Development, LLC (“Storied”). SVH and Storied were parties to a Purchase and Sale Agreement
related to the Property. That Agreement has been terminated. While the terms of that Agreement
are subject to a continuing confidentiality provision, I can and do represent to you that pursuant to
that Agreement, SVH is now the owner of all of the Application and associated reports and
materials. Moreover, I further represent to you that we have been in contact with the professionals
listed on the “Consultant Team” list in the Application and, except for Land Planning, Legal and
Water Law, the consultants remain the same. Attached hereto is a revised Consultant Team list.
Further you asked that, since I will be replacing Bart Johnson as legal counsel for the
Applicant, that I provide a new minerals letter. That letter is attached.
All of the other Appendices to the Application remain unchanged. A list of the appendices
is attached.
Glenn Hartmann
Philip Berry
June 12, 2025
Page 2
Please let me know if you have any questions or need any additional information.
Very truly yours,
KLEIN COTÉ EDWARDS CITRON LLC
By: ________________________________
Joseph E. Edwards, III
Cc: Daniel Goldberg
Kelly Cave
Consultant Team List
Applicant/Property Owner: Spring Valley Holdings, LLC; Contact: Daniel Goldberg, 600
Montgomery Street, 40th Floor, San Francisco, CA 94111; Phone: 415.658.2889
Legal Klein Coté Edwards Citron LLC; Contact: Jody Edwards, 101 South Mill St., Ste. 200,
Aspen, CO 81611; Phone: 970.925.8702
Water Law Corona Water Law; Contact: Craig Corona, 1018 Lauren Lane, Basalt, CO
81621; Phone: 970.948.6523
Water Engineer Colorado River Engineering, Inc.; Contact: Michael J. Erion, P.E.; P.O. Box
1301, Rifle, CO 81650; Phone: 970.625.4933
Site Planning Swaback; Contact: David Blanco, 7550 E McDonald Drive, #A, Scottsdale,
AZ 85250; Phone: 480.682.1720
Civil Engineering; Roaring Fork Engineering, Contact: Richard Goulding, 592 Highway
133, Carbondale, CO 81623; Phone: 970.340.4130
Traffic Engineering McDowell Engineering; Contact: Greg Schroeder, 241 Broadway
Street, Eagle, CO 81631; Phone: 970.623.0788
Environmental Western Bionomics; Contact: Kelly Colfer, 31040 Willow Lane, Steamboat
Springs, CO 80487 ; Phone: 970.846.8223
Geotechnical Engineer CTL Thompson; Contact: James Kellogg, 234 Center Drive,
Glenwood Springs, CO 81601; Phone: 970.945.2809
Wildfire Specialist White River Fire Consulting Contact: Chris White 2015 Breckenridge
Drive Berthoud, CO 80513 Phone: 303.550.4505
Surveying Peak Surveying; Contact: Jason Neil, P.O. Box 1746, Rifle, CO 81650; Phone:
970.625.1954
Public Finance Analyst Gruen Gruen & Associates; Contact: Aaron N. Gruen, 336 S.
Downing Street, #1802, Denver, CO 80209; Phone: 847.317.0634
Metro District Counsel Garfield & Hecht Contact: Haley Carmer, 910 Grand Avenue,
Suite 201, Glenwood Springs, CO 81601; Phone: 970.947.1936
Communications Project Resource Studio; Contact: Kathleen Wanatowicz, 23400 Two
Rivers Road, #49, Basalt, CO 81621; Phone: 970.618.5114
HERBERT S. KLEIN PC* hsk@kceclaw.com 101 SOUTH MILL STREET
LANCE R. COTÉ, PC** (Ret) cote@kceclaw.com SUITE 200
JOSEPH E. EDWARDS, III, PC jee@kceclaw.com ASPEN, COLORADO 81611
KENNETH E. CITRON, PC*** kcitron@kceclaw.com TELEPHONE: (970) 925-8700
JOHN H. KENEALLY**** jkeneally@kceclaw.com www.kceclaw.com
*also admitted in Hawaii
**also admitted in California
***also admitted in New York and Massachusetts
****also admitted in New York
Sender’s Direct: (970) 925-8702
June 12, 2025
Glenn Hartmann
Philip Berry
Garfield County Community Development Department
108 Eighth Street, Suite 401
Glenwood Springs, Colorado 81601
Re: Spring Valley Ranch (Parcels No. 2187-201-00-168; 2187-262-00-168; 2187-
161-00-169; and 2187-331-00-152)
Dear Glenn and Philip:
As you know, I represent Spring Valley Holdings, LLC, a Colorado limited liability
company, the owner of the property known as Spring Valley Ranch (the “Property”) and described
in the deed recorded November 18, 2005, as Reception No. 686804 of the Garfield County
Records. This letter is intended to provide to you a list of the owners of any subsurface mineral
interests. I reviewed the Title Insurance Commitment provided by Title Company of the Rockies,
Commitment No. 7001197-C in order to determine whether there were any severed mineral
interests.
There is only one minerals reservation and it appears in eight separate Patents related to
the Property. The reservation states: “Excepting and reserving, however, to the U.S. all the coal
and other minerals in the lands so entered and patented, together with the right to prospect for,
mine, and remove the same pursuant to the Act of December 29, 1916.” That reservation appears
in the following Patents related to the Property:
DATE RECORDED BOOK and PAGE RECEPTION NO.
October 31, 1939 Book 194 at Page 590 Reception No. 137373
May 20, 1940 Book 194 at Page 617 Reception No. 139733
February 26, 1952 Book 263 at Page 231 Reception No. 178627
February 26, 1952 Book 263 at Page 232 Reception No. 178628
February 26, 1952 Book 263 at Page 236 Reception No. 178632
Glenn Hartmann
Philip Berry
June 12, 2025
Page 2
February 26, 1952 Book 263 at Page 238 Reception No. 178634
February 26, 1952 Book 263 at Page 239 Reception No. 178635
March 3, 1952 Book 263 at Page 282 Reception No. 178690
Section 24-65.5-103(2)(a), C.R.S., on which Garfield County Land Use Code §4-203B.3.b.
is based, requires that notice be sent “to the last-known address of the mineral estate owner as
shown by such records.” I reviewed each of these Patents and none of the above-described Patents
lists an address for notice as required by the Statute or the Code. However, the Patents each
reference the General Land Office of the United States of America. Based on an internet search,
the General Land Office is a Department of the Bureau of Land Management, which is itself a part
of the US Department of the Interior. According to the website for the BLM, the mailing address
for the BLM is:
760 Horizon Drive
Grand Junction, CO 81506
I see no evidence in the Commitment that any of those rights reserved to the United States
have been assigned to any other party.
Please let me know if you have any questions or need any additional information.
Very truly yours,
KLEIN COTÉ EDWARDS CITRON LLC
By: ________________________________
Joseph E. Edwards, III
Cc: Daniel Goldberg
Kelly Cave
Appendices to Narrative Report
A. Application Forms & Consent Letters
B. Title Commitment
C. Adjacent Property Owners & Mineral Owners
D. Vicinity Map
E. Conceptual Plan
F. Impact Analysis
G. Development Agreement
H. Transportation Impact Study
I. Existing Drainage & Flood Hazard Report
J. PUD Plan Map & Zone District Map
K. PUD Guide (including Community Housing Plan)
L. Schematic Engineering Plans
M. District & Utility Service Letters
N. Geologic Evaluation
O. Legal Water Supply Report
P. Water Supply and Distribution Plan
Q. Wildfire Mitigation Report
R. Fiscal & Economic Impact Report
S. Covenants, Conditions & Restrictions
T. Aquifer Sustainability Study
U. Public Outreach Summary
SPRING VALLEY HOLDINGS LLC
600 Montgomery Street, 40th Floor
San Francisco, CA 94111
VIA EMAIL
Kelly Cave, Assistant County Attorney
Glenn Hartmann, Community Development Director
Garfield County
108 Eighth Street
Glenwood Springs, Colorado 81601
Re: Letter of Authorization; Spring Valley Ranch;
Parcels No. 2187-201-00-168; 2187-262-00-168; 2187-161-00-169; and 2187-
331-00-152 (the “Property”)
Dear Kelly and Glenn:
This letter is to confirm that that I represent Spring Valley Holdings LLC (“SVH”) as the
owner’s representative pursuant to the Statement of Authority for SVH recorded May 21, 2025, as
Reception No. 1007152. Further, with regard to all matters before the County, including the
application for Amendment to the PUD Plan for the Property (the “Application”) which was
originally filed with you by LANDWEST, the following are authorized to represent SVH:
Legal Klein Coté Edwards Citron LLC; Contact: Jody Edwards, 101 South Mill St., Ste. 200,
Aspen, CO 81611; Phone: 970.925.8702
Water Law Corona Water Law; Contact: Craig Corona, 1018 Lauren Lane, Basalt, CO 81621;
Phone: 970.948.6523
Civil Engineering Roaring Fork Engineering, Contact: Richard Goulding, 592 Highway 133,
Carbondale, CO 81623; Phone: 970.340.4130
As always, I am available to discuss any questions or concerns you may have.
Very truly yours,
SPRING VALLEY HOLDINGS LLC
By: ________________________________
Daniel Goldberg, Authorized Representative
cc: Brian Friedman
J. Bart Johnson
970.544.4602
johnson@wcrlegal.com
June 13, 2025
Via Email
Garfield County Attorney’s Office
Attn: Kelly Cave, Esq.
108 8th St., Ste. 219
Glenwood Springs, CO 81601
Garfield County Community Development
Department
Attn: Glenn Hartmann, Director
108 8th St., Ste. 401
Glenwood Springs, CO 81601
Re: Application for Amendment to Spring Valley Ranch PUD – File No. PUAA-05-23-8967
Dear Kelly and Glenn:
This letter is being sent to update, clarify and supersede my prior letter to you of May 9, 2025.
As you know, our firm and Jon Fredericks of LANDWEST has been representing Storied Development
LLC (“Storied”) as the applicant for a Substantial Amendment to the Spring Valley Ranch PUD (the “Application”).
Storied no longer is under contract to purchase the Spring Valley Ranch property from Spring Valley Holdings,
LLC (“SVH”) and no longer has authority to proceed with the Application.
Please be advised that Storied agrees that SVH may take over the pending Application on file with Garfield
County so long as the County confirms in writing to Storied that:
(a) SVH is being formally substituted for Storied as the applicant for the Application going
forward; and
(b) that Storied’s name shall be redacted from the new version of the Application materials
posted on the County’s website (with Storied acknowledging that the prior Application materials submitted
on behalf of Storied are already part of the public record and that it isn’t possible to retroactively redact
Storied’s name from such historic materials); and
(c) that Storied will not be identified as the current applicant in any new Application-related
materials generated by the County (including without limitation any staff reports and public notices).
Please provide this confirmation to us at your earliest convenience. SVH is not authorized to take any
actions to proceed with the pending Application until the County has provided this confirmation to Storied.
June 13, 2025
Page 2
4916-8716-3723, v. 2
Thanks very much for your attention to this matter.
Sincerely,
J. Bart Johnson
for
WAAS CAMPBELL RIVERA
JOHNSON & VELASQUEZ LLP
cc: Jon Fredericks
Storied Development LLC
Joseph E. Edwards, III, Esq.
J. Bart Johnson
970.544.4602
johnson@wcrlegal.com
May 9, 2025
Via Email
Garfield County Attorney’s Office
Attn: Kelly Cave, Esq.
108 8th St., Ste. 219
Glenwood Springs, CO 81601
Garfield County Community Development
Department
Attn: Glenn Hartmann, Director
108 8th St., Ste. 401
Glenwood Springs, CO 81601
Re: Application for Amendment to Spring Valley Ranch PUD – File No. PUAA-05-23-8967
Dear Kelly and Glenn:
As you know, our firm and Jon Fredericks of LANDWEST has been representing Storied Development
LLC (“Storied”) as the applicant for a Substantial Amendment to the Spring Valley Ranch PUD (the “Application”).
Storied no longer is under contract to purchase the Spring Valley Ranch property from Spring Valley Holdings,
LLC (“SVH”) and no longer has authority to proceed with the Application.
Please be advised that Storied agrees that SVH may take over the pending Application on file with Garfield
County so long as the County confirms in writing to Storied that SVH is being formally substituted for Storied as
the applicant for the Application and that Storied’s name shall be removed from all of the existing Application
materials and shall not appear in any future Application materials generated by or on behalf of SVH or the County
or either of their representatives (including without limitation any staff reports and public notices). Please provide
this confirmation to us at your earliest convenience. SVH is not authorized to take any actions to proceed with the
pending Application until the County has provided this confirmation to Storied.
Thanks very much for your attention to this matter.
Sincerely,
J. Bart Johnson
for
WAAS CAMPBELL RIVERA
JOHNSON & VELASQUEZ LLP
cc: Jon Fredericks
Storied Development LLC
Joseph E. Edwards, III, Esq.