HomeMy WebLinkAbout20112232.tiff Varra Companies, Inc.
Office of Special Projects
8120 Gage Street Frederick,Colorado 80516 Telephone(970)353-8310 Fax(970) 353-4047
Wednesday 3 August 2011
Colorado Division of Reclamation Mining and Safety
Office of Mined Land Reclamation (OMLR)
1313 Sherman Street, #215
Denver, Colorado 80203
Subject: Heintzelman Project - M-2009-018 — Conveyor System/Route
Amendment.
Enclosed, find as part of this cover letter, two complete copies of an Amendment
Application. The Amendment modifies some Exhibits from the original permit
application, while leaving unchanged those Exhibits not otherwise affected by
the changes proposed in the Amendment. Also included is the Amendment fee
of S 2,229.00 (Check #29067).
Naturally, if you need clarification or additional information, please feel free to
contact us.
Kind regards,
— Goes/ — tJG y
Varra Companies, Inc.
Bradford Janes
Professional Forester
bljforester@msn.com
desk: 970-353-8310
cc. Garrett C. Varra, V.P. Operations
Varra Companies, Inc.
RAG e gt I eA,�� C� I PL , Pry
2011-2232
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1
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STATE OF COLORADO
DIVISION OF RECLAMATION,MINING AND SAFETY
Department of Natural Resources
1313 Sherman St.,Room 215
DenvPhone: rado CONSTRUCTION MATERIALS C 0 L 0 RA
N OF
D 0
Phone:(303)866-3567 RECLAMATION
FAX:(303)832-8106 REGULAR(112)OPERATION MINING
RECLAMATION PERMIT APPLICATION FORM SAFETY
Bill Ritter,Jr.
CHECK ONE: ❑✓ There is a File Number Already Assigned to this Operation Governor
Marrs D.Sherman
Pe ,r I(f M -20 - 09 018 (Please reference the file number currently assigned to this operatiomtlecutive Director
I_New Application(Rule 1.4.5) 1,71,Amendment Application(Rule 1.10) Ronald W.Cattany
Division Director
Li Conversion Application(Rule 1.11) Natural Resource Trustee
Permit# M -20 -09 -018 (provide for Amendments and Conversions of existing permits)
The application for a Construction Materials Regular 112 Operation Reclamation Permit contains three major parts: (I)the application
form;(2)Exhibits A-S,Addendum 1,any sections of Exhibit 6.5(Geotechnical Stability Exhibit;and(3)the application fee. When you
submit your application, be sure to include one (I) complete signed and notarized ORIGINAL and one (I) copy of the completed
application form,two(2)copies of Exhibits A-S,Addendum 1,appropriate sections of 6.5(Geotechnical Stability Exhibit,and a check for
the application fee described under Section(4)below. Exhibits should NOT be bound or in a 3-ring binder;maps should be folded to
8 1/2"X II"or 8 1/2"X 14"size. To expedite processing,please provide the information in the format and order described in this form.
GENERAL OPERATION INFORMATION
Type or print clearly,in the space provided,ALL information requested below.
I. Applicant/operator or company name(name to be used on permit): Val'fa Companies, Inc.
1.1 Type of organization(corporation,partnership,etc.): Corporation
2. Operation name(pit,mine or site name): Heintzelman Project (Pit 116)
3. Permitted acreage(new or existing site): 153.65 permitted acres
3.1 Change in acreage(+) 1.58 acres
3.2 Total acreage in Permit area 155.23 acres
4. Fees:
4.1 New Application $2,696.00 application fee
4.2 New Quarry Application $3,342.00 quarry application
4.4 Amendment Fee $2,229.00 amendment fee
4.5 Conversion to 112 operation(set by statute) $2,696.00 conversion fee
5. Primary commoditie(s)to be mined: sand gravel other earth products
5.1 Incidental commoditie(s)to be mined: 1. - lbs/Tons/yr 2. / lbs/Tons/yr
3. / lbs/Tons/yr 4. / lbs/Tons/yr 5. / lbs/Tons/vr
5.2 Anticipated end use of primary commoditie(s)to be mined: Construction
5.3 Anticipated end use of incidental commoditie(s)to be mined: N/A
Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango • Active and Inactive Mines
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6. Name of owner of subsurface rights of affected land: Refer to Exhibit O
If 2 or more owners, "refer to Exhibit O".
7. Name of owner of surface of affected land: Refer to Exhibit0
8. Type of mining operation: Itt Surface Underground
9. Location Information: The center of the area where the majority of mining will occur:
COUNTY: Weld
PRINCIPAL MERIDIAN(check one): 1711 6th(Colorado) 17 10th(New Mexico) 1-1 Ute
SECTION(write number): S 29
TOWNSHIP(write number and check direction): T 3 ✓ North South
RANGE(write number and check direction): R 67 East ✓ West
QUARTER SECTION(check one): —U J N3 SW
L�
II i
QUARTER/QUARTER SECTION(check one): NE NW SE i✓ SW
GENERAL DESCRIPTION: (the number of miles and direction from the nearest town and the approximate elevation):
Legal is for the Amended Area of a Conveyor Route connecting the Heintzelman Project to the South with the Kurtz Project(M1999-006)to the North near the intersections of WCR 17 and 28.
10. Primary Mine Entrance Location(report in either Latitude/Longitude OR UTM):
Latitude/Longitude:
Example: (N) 39° 44' 12.98"
(W) 104° 59' 3.87"
Latitude(N): deg 40 min 10 sec 46 .8 (2 decimal places)
Longitude(W): deg 104 min 54 sec 32 .5 (2 decimal places)
OR
Example: (N) 39.73691°
(W) -104.98449°
Latitude(N) (5 decimal places)
Longitude(W) (5 decimal places)
OR
Universal Tranverse Mercator(UTM)
Example: 201336.3 E NAD27 Zone 13
4398351.2 N
UTM Datum(specify NAD27,NAD83 or WGS 84) Nad 83 Zone 13
Easting
Northing
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11. Correspondence Information:
APPLICANT/OPERATOR (name,address,and phone of name to be used on permit)
Contact's Name: Christopher L.Varna Title: President
Company Name: Varra Companies, Inc.
Street/P.O.Box: 8120 Gage Street P.O. Box:
City: Frederick
State: Colorado Zip Code: 80516
Telephone Number: ( 303 )_ 666-6657
Fax Number: ( 303 )_ 666-6743
PERMITTING CONTACT (if different from applicant/operator above)
Contact's Name: Bradford Janes Title: Forester
Company Name: Varra Companies, Inc.
Street/P.O. Box: 8120 Gage Street P.O. Box:
City: Frederick
State: Colorado Zip Code: 80516
Telephone Number: ( 970 )_ 353-8310
Fax Number: ( 970 )_ 353-4047
INSPECTION CONTACT
Contact's Name: see Applicant/Operator, above Title:
Company Name:
Street/P.O. Box: P.O.Box:
City:
State: Zip Code:
Telephone Number: ( )-
Fax Number: ( )-
CC: STATE OR FEDERAL LANDOWNER(if any)
Agency:
Street:
City:
State: Zip Code:
Telephone Number: ( )-
CC: STATE OR FEDERAL LANDOWNER(if any)
Agency:
Street:
City:
State: Zip Code:
Telephone Number: ( )-
-4-
12. Primary future
(
(Post-mining)land use'� (check one):
LiCropland(CR) L .. Pastureland(PL) E General Agriculture(GA) (amendment area)
Rangeland(RL) Forestry(FR) Wildlife Habitat(WL)
Residential(RS) [1 Recreation(RC) Industrial/Commercial(IC)
fiDeveloped Water Resources(WR) U Solid Waste Disposal(WD)
13. Primary present land use(check one :
Cropland(CR) Pastureland(PL) El General Agriculture(GA) (amendment area)
Rangeland(RL) El Forestry(FR) Wildlife Habitat(WL)
Residential(RS) Recreation(RC) L11 Industrial/Commercial(IC)
Developed Water Resources(WR)
14. Method of Mining: Briefly explain mining method(e.g. truck/shovel):
This Amendment is for the conveyance of extracted or processed materials between two existing operations.
I5. On Site Processing: _ Crushing/Screening
I3.1 Briefly explain mining method(e.g. truck/shovel):
Materials are extracted and either directly placed or first processed prior to entry into a conveyor system to convey materials between two existing operations.
List any designated chemicals or acid-producing materials to be used or stored within permit area:
None
16. Description of Amendment or Conversion:
If you are amending or converting an existing operation, provide a brief narrative describing the proposed change(s).
Addition of a conveyor route to direct materials from the approved conveyor line within the existing
Heintzelman Project (M2009-018) from near the northeast corner, east to a conveyor bridge on lands
owned by Varra Companies. Inc then north across Weld County Road 28 under an approved Weld
County Right of Way Permit utilizing the conveyor bridge, then into a lease area located along and east of
Weld County Road 17 and north of Weld County Road 28, where the conveyor line continues north into
the existing Kurtz Project (M1999-006). Once the line enters the Kurtz Project boundary the line is makes
its way to an existing plant site location, as detailed in a related Technical Revision to the Kurtz Project
permit. The conveyor line within the existing Heintzelman Permit was previously approved.
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Maps and Exhibits:
Two(2)complete,unbound application packages must be submitted. One complete application package consists of a signed application
form and the set of maps and exhibits referenced below as Exhibits A-S,Addendum I,and the Geotechnical Stability Exhibit. Each exhibit
within the application rust be presented as a separate section. Begin each exhibit on a new page. Pages should be numbered consecutively
for ease of reference. If separate documents are used as appendices,please reference these by name in the exhibit.
With each of the two (2) signed application forms, you must submit a corresponding set of the maps and exhibits as described in the
following references to Rule 6.4,6.5,and I.6.2(1)(b):
EXHIBIT A Legal Description
EXHIBIT B Index Map
EXHIBIT C Pre-Mining and Mining Plan Map(s)of Affected Lands
EXHIBIT D Mining Plan
EXHIBIT E Reclamation Plan
EXHIBIT F Reclamation Plan Map
EXHIBIT G Water Information
EXHIBIT H Wildlife Information
EXHIBIT I Soils Information
EXHIBIT J Vegetation Information
EXHIBIT K Climate Information
EXHIBIT L Reclamation Costs
EXHIBIT M Other Permits and Licenses
EXHIBIT N Source of Legal Right-To-Enter
EXHIBIT O Owners of Record of Affected Land(Surface Area)and Owners of Substance to be Mined
EXHIBIT P Municipalities Within Two Miles
EXHIBIT Q Proof of Mailing of Notices to County Commissioners and Conservation District
EXHIBIT R Proof of Filing with County Clerk or Recorder
EXHIBIT S Permanent Man-Made Structures
Rule 1.6.2(1)(6) ADDENDUM I -Notice Requirements(sample enclosed)
Rule 6,5 Geotechnical Stability Exhibit(any required sections)
The instructions for preparing Exhibits A-S, Addendum I,and Geotechnical Stability Exhibit are specified under Rule 6.4 and 6.5 and
Rude 1.6.2(1)(b)of the Rules and Regulations. If you have any questions on preparing the Exhibits or content of the information required,
or would like to schedule a pre-application meeting you may contact the Office at 303-866-3567.
Responsibilities as a Permittee:
Upon application approval and permit issuance,this application becomes a legally binding document. Therefore,there are a
number of important requirements which you,as a permittee, should fully understand. These requirements are listed below.
Please cad and initial each requirement,in the space provided,to acknowledge that you understand your obligations. If you
do p nderstand these obligations then please contact this Office for a full explanation.
' I. Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume legal
liability for all reasonable expenses which the Board or the Office may incur to reclaim the affected lands
associated with your mining operation in the event your permit is revoked and financial warranty is forfeited;
( / 2. The Board may suspend or revoke this permit, or assess a civil penalty, upon a finding that the permittee
violated the terms or conditions of this permit, the Act, the Mineral Rules and Regulations, or that information
contained in the application or your permit misrepresent important material facts;
r 3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit
boundary, substantial civil penalties, to you as permittee can result;
4. Any modification to the approved mining and reclamation plan from those described in your approved
application requires you to submit a permit modification and obtain approval from the Board or Office;
5. It is your responsibility to notify the Office of any changes in your address or phone number;
• 6. Upon permit issuance and prior to beginning on-site mining activity,you must post a sign at the entrance of
the mine site,which shall be clearly visible from the access road,with the following information(Rule 3.1.12):
a. the name of the operator;
b. a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land
Reclamation Board; and,
c. the permit number.
7. The boundaries of the permit boundary area must be marked by monuments or other markers that arc clearly
/visible and adequate to delineate such boundaries prior to site disturbance.
(nX/// 8. It is a provision of this permit that the operations will be conducted in accordance with the terms and
conditions listed in your application,as well as with the provisions of the Act and the Construction Material Rules
/ and Regulations in effect at the time the permit is issued.
l/•jy// 9. Annually,on the anniversary date of permit issuance,you must submit an annual fee as specified by Statute,
and an annual report which includes a map describing the acreage affected and the acreage reclaimed to date (if
there are changes from the previous year), any monitoring required by the Reclamation Plan to be submitted
annually on the anniversary date of the permit approval. Annual fees are for the previous year a permit is held. For
example,a permit with the anniversary date of July I, 1995,the annual fee is for the period of July 1, 1994 through
June 30, 1995. Failure to submit your annual fee and report by the permit anniversary date may result in a civil
penalty, revocation of your permit, and forfeiture of your financial warranty. It is your responsibility, as the
permittee,to continue to pay your annual fee to the Office until the Board releases you from your total reclamation
O` responsibility.
' 10. For joint venture/partnership operators: the signing representative is authorized to sign this document and a
powci of attorney (provided by the partner(s)) authorizing the signature of the representative is attached to this
application.
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NOTE TO COMMENTORS/OBJECTORS:
It is likely there will be additions,changes,and deletions to this document prior to final decision by the Office. Therefore, if
you have any comments or concerns you must contact the applicant or the Office prior to the decision date so that you will
know what changes may have been made to the application document.
The Office is not allowed to consider comments,unless they are written,and received prior to the end of the public comment
period. You should contact the applicant for the final date of the public comment period.
If you have questions about the Mined Land Reclamation Board and Office's review and decision or appeals process,you may
contact the Office at(303)866-3567.
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Certification:
As an authorized representative of the applicant, I hereby certify that the operation described has met the minimum
requirements of the following terms and conditions:
1. To the best of my knowledge,all significant,valuable and permanent man-made structure(s)in existence at the time
this application is filed,and located within 200 feet of the proposed affected area have been identified in this application
(Section 34-32.5-115(4)(e), C.R.S.).
2. No mining operation will be located on lands where such operations are prohibited by law
(Section 34-32.5-115(4)(f), C.R.S.;
3. As the applicant/operator,I do not have any extraction/exploration operations in the State of Colorado currently in
violation of the provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials
(Section 34-32.5-120,C.R.S.)as determined through a Board finding.
4. I understand that statements in the application are being made under penalty of perjury and that false statements
made herein are punishable as a Class 1 misdemeanor pursuant to Section 18-8-503, C.R.S.
This form has been approved by the Mined Land Reclamation Board pursuant to section 34-32.5-112,CR.S.,of the Colorado Land
Reclamation Act for the Extraction of Construction Materials. Any alteration or modification of this form shall result in voiding any
permit issued on the altered or modified form and subject the operator to cease and desist orders and civil penalties for operating
without a permit pursuant to section 34-32.5-123, C.R.S.
Signed and dated this pe4- day of U,S7 , 00 ii
VAC-`cam O_Dm�om )es ..E4C .Al1 If Corporation Attest(Seal)
Applicant/Operator or pa ame
Signed: Signed:
g g/ g
Cor rate Sec ry or Equivalent
Title: President Town/City/County Clerk
State of __O LIC 40 )
County of •Q. I U ) )s
VU r� /J /
The foregoin€€,,,,instrument was acknowledged before mghis o ' day of tIST /�
dOn , by a kvc-1 5 ' L. V6-r ret as I'"1"t"S i Ian 7�- of �Ot rca �Gv>,�»i,v
car
Notary Public
My Commission expires: jD/3i././7-,
SIGNATURES MUST BE IN BLUE INK
You must post sufficient Notices at the location of the proposed mine site to clearly identify the site as the location of a
PUBLIC NOTICE
This site is the location of a proposed construction
materials operation. Varra Companies, Inc. whose
address and phone number is 8120 Gage Street —
Frederick, CO 80516 Telephone (303) 666-6657, has
applied for a Reclamation Permit with the Colorado
Mined Land Reclamation Board. Anyone wishing to
comment on the application may view the application at
the Weld County Clerk to the Board's Office at 915 10th
Street — Third Floor, Greeley, Colorado 80632, and
should send comments prior to the end of the public
comment period to the Colorado Division of
Reclamation Mining and Safety — 1313 Sherman Street,
Room 215 — Denver, CO 80203 .
The above notice was posted along the proposed permit Amendment boundary and at the
entrance to the primary access road designated in the included application and permit original
maps. An actual copy of the size of the Notice follows this page. This notice and the
undersigned Certification is intended to satisfy the Notice requirements for Rule 1 .6.2(1(b).
Certification:
I, Bradford Janes, hereby certify that I posted the above indicated Public Notice for the
proposed permit area known as the Heintzelman Project (Permit M-2009-018), on Tuesday 2
August 2011 .
93• a — te_sco• Tuesday 2 August 201 1
Bradford J nes, Forester Date
Varra Come: • s, Inc.
PUBLIC NOTICE
This site is the location of a proposed
construction materials operation. Varra
Companies, Inc. whose address and phone
number is 8120 Gage Street — Frederick, CO
80516 Telephone (303) 666-6657, has applied
for a Reclamation Permit with the Colorado
Mined Land Reclamation Board. Anyone
wishing to comment on the application may
view the application at the Weld County Clerk
to the Board' s Office at 915 10th Street — Third
Floor, Greeley, Colorado 80632, and should
send comments prior to the end of the public
comment period to the Colorado Division of
Reclamation Mining and Safety — 1313
Sherman Street, Room 215 — Denver, CO
80203 .
Exhibit A — Legal Description
6.4.1 EXHIBIT A - Legal Description
(1) The legal description must identify the affected land, specify affected areas and be
adequate to field locate the property. Description shall be by (a), township, range, and
section, to at least the nearest quarter-quarter section and (b), location of the main
entrance to the site reported as latitude and longitude, or the Universal Transverse
Mercator (UTM) Grid as determined from a USGS topographic map. A metes and
bounds survey description is acceptable in lieu of township, range, and section. Where
available, the street address or lot number(s) shall be given. This information may be
available from the County Assessor's office or U.S. Geological Survey (USGS) maps.
(2) The main entrance to the mine site shall be located based on a USGS topographic
map showing latitude and longitude or Universal Transverse Mercator (UTM). The
operator will need to specify coordinates of latitude and longitude in degrees, minutes
and seconds or in decimal degrees to an accuracy of at least five (5) decimal places
(e.g., latitude 37.12345 N, longitude 104.45678 W). For UTM, the operator will need to
specify North American Datum (NAD) 1927, NAD 1983, or WGS 84, and the applicable
zone, measured in meters.
Amended Conveyor Area (less portion included in the Kurtz Project (M1999-006
Technical Revision), and as shown on Exhibit C — 3: Conveyor Route:
Commencing at the point of beginning at the corner of the Heintzelman Permit and
property location, or the northeast corner of Section 32, Township 3 North, Range
67 West, 6`" P.M., Weld County Colorado; hence:
30.004+ feet_S89°55'25.32"E
1310.259± feet N00°49'05.65"W
40.006+ feet 89°47'46.98"E
1209.712+ feet 00°49'05.65"E
31.432± feet 89°10'54.35"E
229.60± feet 00°49'05.65"E
101.957± feet 89°24'46.22"W
129.824+ feet 00°35'13.78"W
and comprising 1.58+ acres.
Original Permit Area:
The legal description for the property boundary and permit area is detailed on the
included map, as determined by American West Land Surveying Company, in
conformance with Rule 1.10.1(1). The main entrance is identified as `Proposed
Varra Companies, Inc. Heintzelman Project—Conveyor Amendment 1
OMLR Permit M2009-018 August 2011
Exhibit A — Legal Description
Access' (latitude 40°10'30.8" North, 104°54'16.1" South) as shown near the
Southeast corner of the permit/property boundary. Information provided is taken
directly from a boundary survey, also performed by American West Land
Surveying Company.
Existing residential property owned by the applicant, including outbuildings and
immediate lands, is identified by an existing fenceline and excluded from the
permit boundary. The property boundary comprises 157.06± acres. The excluded
area of the residential property and correlated lands comprises 3.41± acres. When
the residential property is excluded from the property boundary, the remaining land
comprise the total permit area and boundary comprising 153.65± acres.
Varra Companies, Inc. Heintzelman Project— Conveyor Amendment 2
OMLR Permit M2009-018 August 2011
Exhibit B - Index Map
6.4.2 EXHIBIT B - Index Map
An index map showing the regional location of the affected land and all roads and other
access to the area. A standard U.S. Geological Survey topographic quadrangle or
equivalent is acceptable. Scale criteria need not be followed for this map.
Exhibit B —Index Map, follows this page.
Varra Companies, Inc. Heintzelman Project—Conveyor Amendment 1
OMLR Permit M2009-018 August 2011
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VARRA COMPANIES, INC. DATE: 11 JULY 2011
8120 GAGE STREET
FREDERICK, COLORADO 80534 REVISION:
TELEPHONE: (303) 666-6657 PAGE: 1 OF 1
Exhibit C — Pre-Mining & Mining Plan Map
6.4.3 EXHIBIT C - Pre-mining and Mining Plan Map(s) of Affected Lands
One or more maps may be necessary to legibly portray the following
information:
(a) all adjoining surface owners of record;
(b) the name and location of all creeks, roads, buildings, oil and gas wells and lines,
and power and communication lines on the area of affected land and within two
hundred (200) feet of all boundaries of such area;
(c) the existing topography of the area with contour lines of sufficient detail to
portray the direction and rate of slope of the affected land;
(d) the total area to be involved in the operation, including the area to be mined and
the area of affected lands (see definition of "Affected Land");
(e) the type of present vegetation covering the affected lands; and
(f) in conjunction with Exhibit G - Water Information, Subsection 6.4.7, if required by
the Office, further water resources information will be presented on a map in this
section.
(g) Show the owner's name, type of structures, and location of all significant,
valuable, and permanent man-made structures contained on the area of affected
land and within two hundred (200)feet of the affected land.
(h) In conjunction with Exhibit I - Soils Information, Subsection 6.4.9, soils
information may be presented on a map in this section;
(i) Aerial photos, if available, may be included in this section.
Adjoining Surface Owners Of Record As Shown On Exhibit C — Pre-Mining &
Mining Plan Map (Source: Property Owners from Weld County Assessor Records
and Utilities Directly from Utility):
Property Number Name & Address
120933200051 Varra Companies, Inc.
8120 Gage Street
Frederick, Colorado 80516
120928000002 Sand Land, Inc.
8120 Gage Street
Frederick, Colorado 80516
120928000006 Ready Mixed Concrete Company
4395 Washington Street
Denver, Colorado 80216
Varra Companies, Inc. Heintzelman Project—Conveyor Amendment 1
OMLR Permit M2009-018 August 2011
Exhibit C — Pre-Mining & Mining Plan Map
120929000027 Cogbum, Jessie P.
13473 County Road 17
Platteville, Colorado 80651
120929400051 Collins, Robert Allen
13187 County Road 17
Platteville, Colorado 80651
120932000002 Varra, Pasquale & Jacqueline
P.O. Box 2049
Broomfield, Colorado 80038
Other (Utilities, Roads, Name and Address
etc)
Weld County Road Weld County Department of Public Works
Right-Of-Way ATTN: Don Carroll, Engineering Administrator
P.O. Box 758
Greeley, Colorado 80632-0758
Qwest (aka, Century Quest Communications
Link) 1205 1st Avenue
Greeley, Colorado 80631-7401
United Power United Power
ATTN: Bill Meier
500 Cooperative Way
Brighton, Colorado 80603
Central Weld County Central Weld County Water District
Water District 2235 Second Avenue
Greeley, Colorado 80631
Kerr-McGee Gas Gather Kerr-McGee Gas Gather LLC
LLC ATTN: Right of Way Department
` 1099 18`h Street, Ste. 1800
Denver, Colorado 80202
Noble Energy Production Noble Energy Production, Inc.
ATTN: Laura White
1625 Broadway, Ste. 200
Denver, CO 80202
DCP Midstream ATTN: Right of Way Department
1324 North 7th Avenue
Greeley, Colorado 80631-0631
Varra Companies, Inc. Heintzelman Project—Conveyor Amendment 2
OMLR Permit M2009-018 August 2011
Exhibit D- Mining Plan
6.4.4 EXHIBIT D - Mining Plan
The mining plan shall supply the following information, correlated with the affected lands,
map(s)and timetables:
(a) description of the method(s)of mining to be employed in each stage of the operation as
related to any surface disturbance on affected lands;
(b) earthmoving;
(c) all water diversions and impoundments; and
(d) the size of area(s)to be worked at any one time.
(e) An approximate timetable to describe the mining operation. The timetable is for the
purpose of establishing the relationship between mining and reclamation during the
different phases of a mining operation. An Operator/Applicant shall not be required to
meet specific dates for initiation,or completion of mining in a phase as may be identified
in the timetable. This does not exempt an Operator/Applicant from complying with the
performance standards of Section 3.1. If the operation is intended to be an intermittent
operation as defined in Section 34-32.5-103(11)(b), C.R.S., the Applicant should include
in this exhibit a statement that conforms to the provisions of Section 34-32.5-103(11)(b),
C.R.S. Such timetable should include:
(i) an estimate of the periods of time which will be required for the various stages or
phases of the operation;
(ii) a description of the size and location of each area to be worked during each
phase; and
(iii) outlining the sequence in which each stage or phase of the operation will be
carried out. (Timetables need not be separate and distinct from the mining plan,
but may be incorporated therein.)
(f) A map (in Exhibit C - Pre-Mining and Mining Plan Maps(s)of Affected Lands,
Subsection 6.4.3)may be used along with a narrative to present the following
information:
(i) nature, depth and thickness of the deposit to be mined and the thickness and type
of overburden to be removed (may be marked "CONFIDENTIAL," pursuant to
Paragraph 1.3(3)); and
(ii) nature of the stratum immediately beneath the material to be mined in
sedimentary deposits.
(g) Identify the primary and secondary commodities to be mined/extracted and describe the
intended use; and
(h) name and describe the intended use of all expected incidental products to be
mined/extracted by the proposed operation.
(i) Specify if explosives will be used in conjunction with the mining(or reclamation). In
consultation with the Office,the Applicant must demonstrate pursuant to Subsection
6.5(4), Geotechnical Stability Exhibit, that offsite areas will not be adversely affected by
blasting.
Of the 157.06± acres of lands comprising the parcel boundary, an additional 1.58±
acres encompasses an area between the existing Heintzelman boundary, and the
Varra Companies, Inc. Heintzelman Project—Conveyor Amendment 1
OMLR Permit M2009-018 August 2011
Exhibit D- Mining Plan
Kurtz Project permit area (OMLR Permit M1999-006) to the north; within which
runs approximately 1,413± feet of conveyor (line). The remaining 3101± feet of
conveyor within the Kurtz Project permit area is authorized under a separate but
correlated Technical Revision to the Kurtz Resource Recovery and Land
Development Project permit. The scope of this consideration is retained under the
Amendment application, but financial warranty and related reclamation is detailed
under Exhibit L — Reclamation Costs, and encompasses the dismantling of the
entire system in the event of default.
The line runs from approximately the north 130± feet of the west boundary as
determined from the northeast corner of the Heintzelman permit boundary, to a line
bridge 50± feet to the east within property recently acquired by Varra Companies,
Inc. From here, the is directed nearly due north over Weld County Road 28, as
provided for under an approved Weld County, Colorado Right-of-Way permit
(pending along with a correlated Weld County USR Amendment). The 106± foot
span is engineered to provide for public safety considerations.
On the opposing side of the bridge, lies a leased area with Ready Mixed Concrete
Company, as detailed under Exhibit N — Legal Right to Enter. The line continues
from here until it crosses into the Kurtz Project permit area as described earlier.
The entire line of the conveyor is shown under Exhibit C-3: Conveyor Route.
Conveyor appearance with typical 40 foot spans and supports for the as built
structure are shown in the included drawings from Divide Constructors.
Reclamation of the line simply involves disassembly and picking it up, for with the
exception of the bridge footings, no other ground preparations are needed as each
span of the line is supported on the ground surface without tying it to concrete pads
or other foundations. Attending costs are detailed under Exhibit L — Reclamation
Costs. An adjustment of 2.0± acres for revegetation is included with a professional
estimate for dismantling the line.
Note: For additional information on features and areas described, please refer to
Exhibit C-1: Existing Conditions Map and C-2: Extraction Map of the original
approved permit.
Varra Companies, Inc. Heintzelman Project—Conveyor Amendment 2
OMLR Permit M2009-018 August 2011
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Exhibit E — Reclamation Plan
6.4.5 EXHIBIT E - Reclamation Plan
(1) In preparing the Reclamation Plan, the Operator/Applicant should be specific in
terms of addressing such items as final grading (including drainage), seeding,
fertilizing, revegetation (trees, shrubs, etc.), and topsoiling. Operators/Applicants
are encouraged to allow flexibility in their plans by committing themselves to
ranges of numbers (e.g., 6"-12" of topsoil) rather than specific figures.
(2) The Reclamation Plan shall include provisions for, or satisfactory explanation of,
all general requirements for the type of reclamation proposed to be implemented
by the Operator/Applicant. Reclamation shall be required on all the affected
land. The Reclamation Plans shall include:
(a) A description of the type(s) of reclamation the Operator/Applicant
proposes to achieve in the reclamation of the affected land, why each was
chosen, the amount of acreage accorded to each, and a general
discussion of methods of reclamation as related to the mechanics of
earthmoving;
(b) A comparison of the proposed post-mining land use to other land uses in
the vicinity and to adopted state and local land use plans and programs.
In those instances where the post-mining land use is for industrial,
residential, or commercial purposes and such use is not reasonably
assured, a plan for revegetation shall be submitted. Appropriate evidence
supporting such reasonable assurance shall be submitted;
(c) A description of how the Reclamation Plan will be implemented to meet
each applicable requirement of Section 3.1;
(d) Where applicable, plans for topsoil segregation, preservation, and
replacement; for stabilization, compaction, and grading of spoil; and for
revegetation. The revegetation plan shall contain a list of the preferred
species of grass, legumes, forbs, shrubs or trees to be planted, the
method and rates of seeding and planting, the estimated availability of
viable seeds in sufficient quantities of the species proposed to be used,
and the proposed time of seeding and planting;
(e) A plan or schedule indicating how and when reclamation will be
implemented. Such plan or schedule shall not be tied to any specific date
but shall be tied to implementation or completion of different stages of the
mining operation as described in Subparagraph 6.4.4(1)(e). The plan or
schedule shall include:
(i) An estimate of the periods of time which will be required for the
various stages or phases of reclamation;
(ii) A description of the size and location of each area to be reclaimed
during each phase; and
(iii) An outline of the sequence in which each stage or phase of
reclamation will be carried out.
(The schedule need not be separate and distinct from the Reclamation
Plan, but may be incorporated therein.)
(f) A description of each of the following:
Varra Companies, Inc. Heintzelman Project—Conveyor Amendment 1
OMLR Permit M2009-018 August 2011
Exhibit E — Reclamation Plan
(i) Final grading - specify maximum anticipated slope gradient or
expected ranges thereof;
(ii) Seeding - specify types, mixtures, quantities, and expected time(s)
of seeding and planting;
(iii) Fertilization - if applicable, specify types, mixtures, quantities and
time of application;
(iv) Revegetation - specify types of trees, shrubs, etc., quantities, size
and location; and
(v) Topsoiling - specify anticipated minimum depth or range of depths
for those areas where topsoil will be replaced.
The Amended lands will be reclaimed in a manner consistent with the original
permit, and as otherwise detailed under Exhibits D and L.
Varra Companies, Inc. Heintzelman Project—Conveyor Amendment 2
OMLR Permit M2009-018 August 2011
Exhibit F — Reclamation Plan Map
6.4.6 EXHIBIT F - Reclamation Plan Map
The map(s) of the proposed affected land, by all phases of the total scope of the mining
operation, shall indicate the following:
(a) The expected physical appearance of the area of the affected land, correlated to the
proposed mining and reclamation timetables. The map must show proposed
topography of the area with contour lines of sufficient detail to portray the direction and
rate of slope of all reclaimed lands; and
(b) Portrayal of the proposed final land use for each portion of the affected lands.
No change. Amendment will not significantly affect existing topographies along planned
conveyor route.
Varra Companies, Inc. Heintzelman Project—Conveyor Amendment I
OMLR Permit M2009-018 August 2011
Exhibit G — Water Information
6.4.7 EXHIBIT G -Water Information
(1) If the operation is not expected to directly affect surface or groundwater systems,
a statement of that expectation shall be submitted.
(2) If the operation is expected to directly affect surface or groundwater systems, the
Operator/Applicant shall:
(a) Locate on the map (in Exhibit C) tributary water courses, wells, springs,
stock water ponds, reservoirs, and ditches on the affected land and on
adjacent lands where such structures may be affected by the proposed
mining operations;
(b) Identify all known aquifers; and
(c) Submit a brief statement or plan showing how water from de-watering
operations or from runoff from disturbed areas, piled material and
operating surfaces will be managed to protect against pollution of either
surface or groundwater (and, where applicable, control pollution in a
manner that is consistent with water quality discharge permits), both
during and after the operation.
(3) The Operator/Applicant shall provide an estimate of the project water
requirements including flow rates and annual volumes for the development,
mining and reclamation phases of the project.
(4) The Operator/Applicant shall indicate the projected amount from each of the
sources of water to supply the project water requirements for the mining
operation and reclamation.
(5) The Operator/Applicant shall affirmatively state that the Operator/Applicant has
acquired (or has applied for) a National Pollutant Discharge Elimination System
(NPDES) permit from the Water Quality Control Division at the Colorado
Department of Health, if necessary.
No change from original permit. Minimal impacts anticipated to surface or ground waters by the
planned conveyor system and route.
Varra Companies, Inc. Heintzelman Project—Conveyor Amendment 1
OMLR Permit M2009-018 August 2011
Exhibit H - Wildlife Information
6.4.8 EXHIBIT H -Wildlife Information
(1) In developing the wildlife information, the Operator/Applicant may wish to contact
the local wildlife conservation officer. The Operator/Applicant shall include in this
Exhibit, a description of the game and non-game resources on and in the vicinity
of the application area, including:
(a) a description of the significant wildlife resources on the affected land;
(b) seasonal use of the area;
(c) the presence and estimated population of threatened or endangered
species from either federal or state lists; and
(d) a description of the general effect during and after the proposed operation
on the existing wildlife of the area, including but not limited to temporary
and permanent loss of food and habitat, interference with migratory
routes, and the general effect on the wildlife from increased human
activity, including noise.
(2) The application may be reviewed and commented upon by the State of Colorado
Division of Wildlife (DOW). If the DOW has comments, they must be provided
prior to the end of the public comment period specified in Subsection 1.7.1(2)(a)
to be considered by the Board and Office.
No change from original permit. Minimal impacts to wildlife anticipated.
Varra Companies, Inc. Heintzelman Project—Conveyor Amendment 1
OMLR Permit M2009-018 August 2011
6.4.9 EXHIBIT I -Soils Information
(1) In consultation with the Soil Conservation Service or other qualified person, the
Operator/Applicant shall indicate on a map (in Exhibit C) or by a statement, the
general type, thickness and distribution of soil over the affected land. Such
description will address suitability of topsoil (or other material)for establishment
and maintenance ofplant growth. The above information shall satisfy
"completeness" requirements for purposes of determination of date of filing.
(2) If necessary, at its discretion, the Board may require additional information on
soils or other growth media to be stockpiled and used in revegetation to be
submitted subsequent to the filing and notification of"completeness" of the
application.
6.4.10 EXHIBIT J -Vegetation Information
(1) The Operator/Applicant shall include in this Exhibit a narrative of the
following items:
(a) descriptions of present vegetation types, which include quantitative
estimates of cover and height for the principal species in each life-form
represented (i.e., trees, tall shrubs, low shrubs, grasses, forbs);
(b) the relationship of present vegetation types to soil types, or alternatively,
the information may be presented on a map; and
(c) estimates of average annual production for hay meadows and croplands,
and carrying capacity for range lands on or in the vicinity of the affected
land, if the choice of reclamation is for range or agriculture.
(2) The Operator/Applicant shall show the relation of the types of vegetation to
existing topography on a map in Exhibit C. In providing such information, the
Operator/Applicant may want to contact the local Soil Conservation District.
No change from original submittal. Minimal impacts to soils and vegetation within
conveyor areas.
Varra Companies, Inc. Heintzelman Project—Conveyor Amendment
OMLR Permit M2009-018 August 2011
Exhibit K - Climate
6.4.11 EXHIBIT K— Climate
Provide a description of the significant climatological factors for the locality.
No change from original submittal.
Varra Companies, Inc. Heintzelman Project—Conveyor Amendment 1
OMLR Permit M2009-018 August 2011
Exhibit L — Reclamation Costs
6.4.12 EXHIBIT L - Reclamation Costs
(1) All information necessary to calculate the costs of reclamation must be submitted
and broken down into the various major phases of reclamation. The information
provided by the Operator/Applicant must be sufficient to calculate the cost of
reclamation that would be incurred by the state.
(2) The Office may request the Operator/Applicant to provide additional, reasonable
data to substantiate said Operator/Applicant's estimate of the cost of reclamation
for all Affected Lands.
SUMMARY OVERVIEW:
Assumptions of Affected Lands in the Pre-Disturbed State of the Application for
Warranty Determinations. Where appropriate, information is generalized and
approximated from similar estimates determined by the Colorado Division of
Reclamation Mining and Safety (RMS), as indicated:
RECLAMATION EXPOSURE:
Based upon the Conveyor Route Plans of this application, and as iterated in the
correlated Kurtz Project (OMLR Permit M1999-006) Technical Revision,
respective of the included Divide Constructor's estimates provided at the back of
this exhibit, anticipated total costs for disassembly of the conveyor line is as
follows:
It is the preference of the applicant that all reclamation expenses for dismantling
the conveyor system within the Kurtz Project Permit Area be assigned to the
Heintzelman Permit Conveyor Amendment. Reclamation expenses for the
conveyor system is provided for under a separate Amendment to the Heintzelman
Project, and iterated relative to the respective locations as follows;
Total line length is: NOTE: Conveyor route and
Kurtz 3101 feet system approved within the
Heintzelman 1413 feet original Heintzelman Project
Total = 4514 feet Permit Area.
Varra Companies, Inc. Heintzelman Project—Conveyor Amendment 1
OMLR Permit M2009-018 August 2011
Exhibit L — Reclamation Costs
Percent (%) of total line in Kurtz = 69% of$22,200.00 total line dismantling costs
$15,318.00
This leaves a balance of$6,882.00 for line dismantling for Heintzelman + an
additional $11,500.00 for dismantling the conveyor bridge crossing at Weld
County Road 28. Therefore, combined Heintzelman warranty separate from Kurtz
would be $18,382.00. If the warranty at the Kurtz portion of the conveyor line is
applied to the Heintzelman warranty, then the total line and bridge dismantling
costs = $33,700.00. The line and bridge conveyor route and easement information
is provided under a separate amendment to the Heintzelman permit (M2009-018).
Soil Demand AND Re-soiling of Affected Lands (refer to Exhibit I & J - Table
I-I: Soil Volumes):
None —not affected.
Establishment of Vegetation over Affected Lands:
A maximum of 1 .58+ acres is contained within the Amended area, yet realistically,
a fraction of that will actually be affected by activity in the assembly, disassembly
and operation of the conveyor line. The previously agreed to unit price for
revegetating affected lands within the original Heintzelman Permit should be
applied to the Amended area.
OTHER MISCELLANEOUS COSTS:
We believe the attending estimate from Divide Constructor's includes estimated
costs for mobilization/demobilization.
Varra Companies, Inc. Heintzelman Project—Conveyor Amendment 2
OMLR Permit M2009-018 August 2011
44-9 Divide Constructors °°thoud,
CO 80513
Box 438
6erthoud,
Engineering Fabrication Steel Erection Telephone: (970)532-3761
Fax: (970)532-0567
September 8, 2010
Varra Companies
8120 Gage Street
Frederick, CO 80516
Attn: Brad Jones
Re: Heintzelman Pit- Budget for dismantling the field conveyor from the Heintzelman Pit.
Brad,
The following are our cost estimates for dismantling the 40ft. truss field conveyor—including
the oil tank crossing, head and tail sections.
1. Dismantle the field conveyor system:
- Includes:
o Wind Belting and load rolls: $ 3,000.00
o Removal of 40ft. trusses and conveyor stands: $10,000.00
o Removal of oil tank crossing trusses and stands: $ 2,000.00
o Remove concrete bases @ oil tank crossing: $ 1,500.00
o Remove head and tail pulleys, concrete blocks: $ 2,500.00
o Trucking to staging area—40hrs. x $80/hr.: $ 3,200.00
Total Estimate: $22,200.00
If you have any questions regarding these cost estimates, please give me a call.
Thank you,
Joe Doherty
(970) 215-3166
PO Box 43R
��- Divide Constructors Berthoud,CO 80513
Engineering Fabrication Steel Erection Telephone: (970)532-3761
t Fax: (970)532-0567
June 24, 2011
Varra Companies
8120 Gage Street
Frederick, CO 80516
Attn: Brad Jones
Re: Heintzelman Pit- Budget for dismantling the road crossing bridge.
Brad,
The following are our cost estimates for dismantling the road crossing bridge and staging the
equipment at the pit.
1. Dismantle the road crossing bridge:
- Includes:
o Crane Budget: $ 3,500.00
o Flatbed Truck to haul bridge pieces to staging area: $ 500.00
o Equipment Budget to demo and remove concrete: $ 2,000.00
• Breaker, excavator, dump truck.
o Wind belt: $ 500.00
o Labor to remove bridge, concrete, reclaim: $ 4,000.00
o Management/Overhead and Mark up: $ 1,000.00
Total Estimate: $11,500.00
If you have any questions regarding these cost estimates, please give me a call.
Thank you,
Joe Doherty
(970) 215-3166
Exhibit M — Other Permits & Licenses
6.4.13 EXHIBIT M - Other Permits and Licenses
A statement identifying which of the following permits, licenses and approvals the
Operator/Applicant holds or will be seeking in order to conduct the proposed mining and
reclamation operations: effluent discharge permits, air quality emissions permits,
radioactive source material licenses, the State Historic Preservation Office clearance,
disposal of dredge and fill material (404) permits, permit to construct a dam, well
permits, explosives permits, highway access permits, U.S. Forest Service permits,
Bureau of Land Management permits, county zoning and land use permits, and city
zoning and land use permits.
• Colorado Department of Health Storm Water Permit COG-500000
Facility #500481 .
• Colorado Department of Health Emission Permit Pending Operations
—Concrete Batch Plant.
• Colorado Department of Health Emission Permit Pending Operations
— Portable Equipment—Dry Plant
• Colorado Department of Health Emission Permit Pending Operations
— Wet Plant
• Colorado Department of Health Emission Permit Permit # 06WE0781F
—Fugitive Dust—Mining Operations and related activities.
• Weld County Right-of-Way Permit Pending
• Colorado Division of Water Resources Well Permit Pending
• State Historic Preservation Office clearance Refer to correspondence
of 28 July 2006 — original submittal .
• U.S. Department of the Army Corps of Engineers Refer to Correspondence
of 25 July 2006 — original submittal .
• Planned operations will not utilize or encounter materials, sources, or
authorities over related lands and do not require permits for the following:
radioactive source materials, construction of a dam, explosives, highway
access, U.S. Forest Service, Bureau of Land Management, city zoning or
land use.
• Note: Any necessary permits for other planned or potential activities,
including asphalt batch plants, recycling facilities and operations, etc., will
be acquired prior to on-set of such plants, facilities or operations. All future
permits will be submitted to the Division to update this list as necessary.
Varra Companies, Inc. Heintzelman Project—Conveyor Amendment 1
OMLR Permit M2009-018 August 2011
Exhibit N - Source of Legal Right to Enter
6.4.14 EXHIBIT N - Source of Legal Right to Enter
The source of the Operator's/Applicant's legal right to enter and initiate a mining
operation on the affected land. (Same requirements as Rule 6.3.7).
As landowner(s) to all lands to be permitted for extraction or conveyance under a
Colorado Division of Reclamation Mining and Safety (RMS) permit, our
signatures below testify that Varra Companies, Inc. is authorized, under a legally
executed lease, to act as Operator over said lands, and has the legal right to enter
and mine under the terms of the lease with respect to all lands under this permit.
Signed:
Christopher L. Varra, President
Varra Companies, Inc.
Signed and dated this day of 2011 .
State of )
)ss
County of )
The foregoing instrument was acknowledged before me this day of
by as
of
Notary Public
My Commission expires:
Varra Companies, Inc. Heintzelman Project—Conveyor Amendment 1
OMLR Permit M2009-018 August 2011
NIX PROPERTY
CONVEYOR RIGHT OF WAY LEASE AGREEMENT
by and among
Ready Mixed Concrete Company,
Varra Companies, Inc.
And
Sand Land, Inc.
NIX PROPERTY
CONVEYOR RIGHT OF WAY LEASE AGREEMENT
This CONVEYOR RIGHT OF V'AY LEASE AGREEMENT (the "Lease") is made
and entered into effective this 1 'day of 1'�ec- . , 2009 (the"Effective Date"), by and between
READY MIXED CONCRETE COMPANVA a Colorado corporation having an address of
4395 Washington Street, Denver. Colorado 80216 ("Landlord"), and VARRA COMPANIES,
INC. and SAND LAND, INC., both Colorado corporations having an address of 8120 Gage
Street, Frederick, Colorado 80516 (together"Tenant"). Landlord and Tenant may be referred to
together herein as the"Parties"or, individually, as a"Party."
RECITALS
WHEREAS, Landlord owns approximately 300 acres of real property known as the"Nix
Property."as more particularly described in Exhibit A hereto;
WHEREAS, Landlord intends to mine sand and gravel from the Nix Property at a future
date and to reclaim said property:
WHEREAS, Tenant operates a sand and gravel mine called the "Kurtz Resource
Recovery & Land Development Project" (hereinafter "Kurtz Pit") which is located on property
situated contiguous and adjacent to portions of the Nix Property;
WHEREAS, the Kurtz Pit operates under Permit No. M-1999-006, issued by the
Colorado Mined Land Reclamation Board and the Colorado Department of Natural Resources,
Division of Reclamation Mining and Safety:
WHEREAS, Tenant operates a sand and gravel processing plant at the Kurtz Pit;
WHEREAS, Tenant also owns property known as "Heinselman" at which it plans to
mine sand and gravel pursuant to a permit to be obtained from the Colorado Mined Land
Reclamation Board and the Colorado Department of Natural Resources, Division of Reclamation
Mining and Safety;
WHEREAS, the Heinselman property is not contiguous or adjacent to the Kurtz Pit, and
the Tenant's two pits are separated by the Nix Property;
WHEREAS, Tenant wishes to lease a discrete right-of-way across the Nix Property, as
depicted in Exhibit B hereto (hereinafter the "Premises"), for the sole purpose of locating,
operating and maintaining a sand and gravel conveyor system that Tenant will utilize to transport
unprocessed sand and gravel materials mined from the Tenant's Heinselman Pit to the sand and
gravel processing plant located at the Tenant's Kurtz Pit; and
WHEREAS, Landlord wishes to lease the Premises to Tenant so that Tenant can install,
operate and maintain, at Tenant's sole cost and expense, a sand and gravel conveyor system.
IN CONSIDERATION of the above recitals, the rental to be paid and the agreements
herein contained,and other good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, Landlord and Tenant hereby agree as follows:
1. Lease Term. Except as provided in Paragraph 3.1 below, the term of the Lease
(hereinafter "Lease Term") shall commence on the Effective Date and continue until the sand
and gravel located on the Heinselman property is fully mined and shall continue until the
Premises are fully reclaimed and any reclamation bond for the Premises is released by the
Colorado Mined Land Reclamation Board.
2. Rent Payable on the Effective Date. Beginning on the Effective Date and by no
later than the thirtieth (301h) day of June of each year thereafter during the Lease Term, Tenant
shall pay Landlord "Rent" in the amount of Five Hundred Dollars ($500). Upon the third (3rd)
anniversary of the Effective Date, and every three (3) years thereafter, the annual Rent payment
shall be increased by One Hundred Dollars($100).
3. Conveyor Installation and Operation. Tenant shall be solely responsible for
purchasing, installing and maintaining the sand and gravel conveyor system, including without
limitation, all appurtenant structures and features necessary to establish, operate and maintain
such a conveyor system.
3.1 Landlord's Operations. In the event the right-of-way across the Nix
Property depicted in Exhibit B hereto causes or threatens to cause an interference in any way
whatsoever with Landlord's future mining and/or reclamation of the Nix Property, Tenant shall
at its sole cost and expense relocate or remove the conveyor system from the Premises. Whether
the conveyor system on the Premises causes or threatens to cause interference under this
provision is a determination that shall be made by Landlord in Landlord's sole discretion. The
relocation or removal of the conveyor system shall be completed by Tenant within sixty (60)
days of Tenant's receipt from Landlord of a written notice to relocate or remove the conveyor
system.
3.1.1 Tenant Reimbursement of Landlord. Tenant shall reimburse
Landlord for the reasonable cost and expense Landlord incurs to revise or amend any permit
Landlord currently holds or obtains in the future that relates to Landlord's use of the Nix
Property (including, without limitation, for mining and reclamation) that is required to reflect or
otherwise account for the right-of-way across the Nix Property depicted in Exhibit B hereto and
Tenant's conveyor on the Premises.
3.2 Oil and Gas. In the event the location of the conveyor system on the
Premises causes,or threatens to cause, an interference with the right of any third party to develop
oil and gas mineral resources on the Premises, or the Nix Property more generally, Landlord and
Tenant shall jointly negotiate an appropriate accommodation of the competing activities on the
Premises, if any, with any such third party.
4. Reclamation. Tenant shall be solely responsible for all costs and work necessary
to reclaim the Premises.
4.1 Reclamation Indemnity. Tenant shall indemnify and agrees to protect,
defend and hold harmless, Landlord and all of Landlord's subsidiary and affiliated entities, and
their successors and assigns, and the officers, directors, shareholders, partners, members,
servants, employees, agents and contractors of any of them, from and against any and all claims,
liens, actions, proceedings,judgments, liabilities, damages, costs, attorney fees and any and all
expenses in connection with any reclamation of the Premises.
5. Use of Premises; Compliance with Laws. Tenant shall use the Premises for the
sole purpose of installing, operating and maintaining a sand and gravel conveyor system to
convey sand and gravel from the Heinselman property to the Kurtz Pit and for no other purpose
whatsoever. Tenant covenants and agrees to comply with all statutes, rules, orders, regulations
or requirements of federal, State, county or city governments regulating Tenant's use of the
Premises, including, but not limited to the terms and conditions of any applicable federal, State
or local permits and agreements necessary for the installation, operation and maintenance of the
conveyor system.
5.1. Hazardous Materials. Tenant covenants and agrees not to utilize any
"Hazardous Materials"on the Premises.
5.1.1 "Hazardous Materials" means any substance that is at any
pertinent time defined or listed in, or otherwise classified, designated, or regulated
pursuant to, any "Environmental Laws" as a hazardous substance, hazardous material,
extremely hazardous substance, hazardous waste, hazardous chemical, infectious waste,
toxic substance, toxic pollutant or solid waste, or any other legislative or regulatory
formulation intended to define, list, or classify substances by reason of deleterious
properties such as ignitability, corrosivity, reactivity, carcinogenicity, toxicity,
reproductive toxicity, outcome of Toxicity Characteristic Leaching Procedure ("TCLP"),
or otherwise, including without limitation, friable asbestos and polychlorinated biphenyls
and also including oil and petroleum, petroleum products, by-products and wastes, and
by-products associated with the extraction, refining, or use of petroleum or petroleum
products, whether or not so defined, listed, classified, designated or regulated in
"Environmental Laws."
5.1.2 Definition of Environmental Laws. The term "Environmental
Laws" means without limitation any statute, law, act, ordinance, rule, regulation, order,
decree, or ruling of any Federal, State and/or local governmental, quasi-governmental,
administrative or judicial body, agency, board, commission or other authority relating to
the protection of health and/or the environment or otherwise regulating and/or restricting
the use,storage, disposal, treatment, handling, release, and/or transportation of Hazardous
Materials in effect on or prior to the effective date of this Lease relating to pollution or
protection of human health or the environment(including ambient air, indoor air, surface
water, ground water, land surface, or subsurface strata), including, without limitation, (i)
the Comprehensive Environmental Response Compensation and Liability Act, as
amended (42 U.S.C. §§9601 et seq. ("CERCLA")), (ii) the Resource Conservation and
Recovery Act, as amended (42 U.S.C. §§6901 et seq. ("RCRA")), (iii) the Clean Air Act
(42 U.S.C. §§ 7401 et seq.); (iv) the Clean Water Act (33 U.S.C. §§1251 et seq.), (v) the
Emergency Planning and Community Right-to-Know Act (42 U.S.C. §§ 11011 et seq.),
(vi) the Oil Pollution Act of 1990 (33 U.S.C. §§ 2701 et seq.), (vii) the Hazardous
Materials Transportation Act (49 U.S.C. §§ 1801 et seq.), (viii) the Toxic Substances
Control Act (15 U.S.C. §§ 2601 et seq.), (ix) any state or local Law analogous to the
Laws listed in parts (i) — (viii) of this subparagraph, (x) any amendments to the statues,
laws or ordinances listed in parts (i) - (viii) of this subparagraph, in existence on the date
hereof, and (xi) any other Law now in effect relating to emissions, discharges, releases,
threatened releases generation, management, handling, control, use, treatment, storage,
disposal, transport,removal, remediation or recovery of any Hazardous Material.
6. Taxes. Landlord shall pay when due all real property taxes and special
assessments levied or imposed against the Premises. From the Effective Date through the Lease
Term Tenant shall pay when due all personal property taxes levied or imposed against any
fixtures and Tenant's other personal property, trade fixtures, improvements made by Tenant or
improvements placed by Tenant in or about the Premises.
7. Insurance. During the Lease Term,Tenant shall maintain:
7.1 Commercial general liability, "all-risk" property damage insurance and
automobile liability insurance with limits, in all cases, of not less than One Million Dollars
($1,000,000).
7.2 Tenant shall obtain and at all times maintain Workmen's Compensation
Insurance and Employer's Liability Insurance for all employees of Tenant engaged on or with
respect to the Premises in such amounts as are established by law.
7.3 Insurance required hereunder shall be provided by an insurance company
or companies authorized to do business in the State of Colorado. On or prior to the Effective
Date, Tenant shall deliver to Landlord certificates evidencing such insurance. Landlord shall be
named as an additional and named insured under such policies of insurance. Tenant shall
provide renewal certificates to Landlord upon request.
7.4 In the event Tenant fails to provide, maintain, keep in force, or deliver and
furnish to Landlord the policies of insurance required by this Lease, Landlord may, but shall not
be obligated to, procure such insurance or single-interest insurance for such risk covering
Landlord's interest and Tenant shall pay all premiums thereon promptly upon written demand by
Landlord.
8. Indemnity of Landlord. Tenant shall indemnify and agrees to protect, defend
and hold harmless, Landlord and all of Landlord's subsidiary and affiliated entities, and their
successors and assigns, and the officers, directors, shareholders, partners, members, servants,
employees, agents and contractors of any of them, from and against any and all claims, liens,
actions, proceedings, judgments, liabilities, damages, costs, attorney fees and any and all
expenses in connection with (i) the use, occupancy, management, or control of the Premises by
Tenant after the Effective Date and during the Lease Term, (ii) any injury to or death of any
person, or damage to any property on the Premises caused in whole or in part by the negligence
of Tenant, its employees, servants, agents, contractors, subcontractors, customers, or invitees,
(iii) any use of the Premises or any act or omission of Tenant that is in any manner prohibited by
law,ordinance, government regulation, or the provisions of this Lease, (iv) any failure of Tenant
to observe or perform the terms, covenants, or conditions of the Lease, and (v) any act or
omission by Tenant, its agents, employees, servants, contractors, subcontractors, customers, or
invitees during the Lease Term.
8.1 Notice to Tenant. Landlord shall provide Tenant written notice of any
demand, claim, cause of action, liability, loss, or damage asserted against Landlord as it pertains
in any respect to any matter covered by this indemnity, within fourteen (14) days after Landlord
obtains notice, whether actual or constructive, of the same first made. Late notice or no notice
by Landlord shall be construed as a waiver by Landlord of the right to indemnification
contemplated under this Section 8. In case of any action or proceeding brought against
Landlord, and unless defense is provided by an insurance carrier. Tenant shall, upon receipt of
timely notice from Landlord, defend the same at Tenant's expense by counsel reasonably
satisfactory to Landlord.
9. Indemnity of Tenant. Landlord shall indemnify and agrees to protect, defend
and hold harmless, Tenant and all of Tenant's subsidiary and affiliated entities, and their
successors and assigns, and the officers, directors, shareholders, partners, members, servants,
employees, agents and contractors of any of them, from and against any and all claims, liens,
actions, proceedings, judgments, liabilities, damages, costs, attorney fees and any and all
expenses in connection with any negligent act of Landlord as it relates to the Premises
9.1 Notice to Landlord. Tenant shall provide Landlord written notice of any
demand, claim,cause of action, liability, loss, or damage asserted against Tenant as it pertains in
any respect to any matter covered by this indemnity, within fourteen (14) days after Tenant
obtains notice, whether actual or constructive, of the same first made. Late notice or no notice
by Tenant shall be construed as a waiver by Tenant of the right to indemnification contemplated
under this Section 9. In case of any action or proceeding brought against Tenant, and unless
defense is provided by an insurance carrier, Landlord shall, upon receipt of timely notice from
Tenant, fund the defense by Tenant by counsel reasonably satisfactory to Landlord.
10. Condemnation/Eminent Domain. In the event that the Premises, substantially
all of the Premises, or any portion thereof or any improvements thereon, are taken in
condemnation proceedings or by exercise of any right of eminent domain, or conveyed in lieu
thereof by agreement of Landlord,Tenant shall have the option to cancel this Lease within ninety
(90) days after possession of the Premises is legally authorized to be taken by the governmental
or quasi-governmental authority.
10.1 "Substantially All. . .". For the purpose of this Section 10, "substantially
all of the Premises" shall be deemed to have been taken if the untaken part of the Premises is
insufficient to allow the continued operation of the sand and gravel conveyor system.
10.2 Award. Landlord shall be entitled to the entire award for the Premises so
taken, provided that Tenant shall be entitled to prosecute and recover a separate award for the
value of any improvements made by Tenant so taken.
1 I. Entry by Landlord. Landlord, its agents and representatives shall have the right
to enter the Premises at any reasonable hour or time during any business of weekend to view and
inspect the Premises, or to make such improvements to the Premises as are necessary and proper.
Except as provided herein and in Paragraph 3.1 to this Lease, Landlord shall not interfere with
Tenant's normal business operations on the Premises. Landlord shall have the right to enter
without notice or consent of Tenant to respond to emergency situations which Landlord
reasonably believes might cause loss of life or property damage.
12. Covenant of Quiet Enjoyment. Except as otherwise provided herein, Landlord
hereby covenants and agrees that Tenant, upon payment of Rent as provided in this Lease and
the observance and performance of the covenants of this Lease on its part to be kept, shall
lawfully, peaceably and quietly hold, occupy and enjoy the Premises during the Lease Term
without hindrance or interference by Landlord or any person or persons lawfully claiming under
Landlord.
13. Subletting and Assignment. Except as to an affiliate of Tenant, Tenant shall not
sublet the Premises or any part thereof, nor assign this Lease, without the prior written consent of
Landlord. In the event that Tenant wishes to assign its interest under this Lease or to sublet the
Premises, it shall notify Landlord in writing of the identity of the proposed assignee or sublessee,
as well as of all terms and conditions of such assignment or sublease. Landlord may consider the
identity of the assignee or sublessee, and all of the proposed terms and conditions of such
assignment or sublease, in determining whether to consent to such assignment.
19. Subordination/Encumbrance. Tenant shall not subordinate or encumber the
rights and interests of the Tenant under this Lease.
20. Tenant Default. If Tenant shall default in the performance of any of the terms or
provisions of this Lease, including the payment of any installment of Rent. Landlord shall
promptly notify Tenant in writing. If Tenant shall fail to cure any such non-performance within
thirty (30) days after the receipt of such notice, or if the default is of such a character as will
require more than thirty (30) days to cure, and Tenant shall fail to commence to cure the same
within thirty(30) days after receipt of such notice, Landlord may, at its option invoke the dispute
resolution mechanism set forth in Section 22 of this Lease.
21. Landlord Default. In the event Landlord fails to perform any obligation
imposed on Landlord by this Lease, and such failure shall continue for thirty (30) calendar days
after written notice of such failure by Tenant, Tenant shall have the right, at Tenant's option, to
(i) cure such default, expending such sums as may be reasonably necessary for such purposes, in
which case Landlord shall reimburse Tenant therefore within thirty (30) days of Tenant's written
demand for the same; (ii) to set off an amount equal to the costs of curing such default against
any amounts due to Landlord hereunder, including any Rent; or (iii) invoke the dispute
resolution mechanism set forth in Section 22 of this Lease.
22. Dispute Resolution. Any dispute, difference or controversy arising under or in
connection with this Lease that Landlord and Tenant fail to resolve among themselves within
thirty (30) days following written notice of any such dispute, difference or controversy shall be
settled by binding arbitration according to the rules of the American Arbitration Association
("AAA") in force at the time of such dispute, difference or controversy. In the event binding
arbitration becomes necessary, the Parties agree to hold the arbitration in the City and County of
Denver, Colorado. Landlord and Tenant shall each choose an arbitrator, which two (2)
arbitrators shall together choose a third arbitrator. The arbitration shall be heard by the panel of
three arbitrators. The prevailing party in any such arbitration shall he entitled to receive from the
other party the prevailing party's reasonable attorneys' fees, costs, and arbitration expenses. The
arbitrator's award may be enforced in any court of competent jurisdiction and such award may
include an award of eviction.
23. Relationship of Parties. Landlord and Tenant are lessor and lessee, respectively,
and are not, except as they may otherwise agree between them in a subsequent writing executed
and acknowledged by each, nor shall they become by virtue of the Lease or any actions taken
pursuant hereto, anything other than lessor and lessee. Landlord and Tenant are not partners,
joint venturers,employed by one another,or agents of one another.
24. Notices. Whenever in the Lease it shall be required or permitted that notice or
demand be given or served by either party to this Lease to or on the other, such notice or demand
shall be given or served and shall not be deemed to have been given or served unless in writing
and forwarded by certified or registered mail, return receipt requested, addressed as thllows:
LANDLORD: TENANT:
READY MIXED CONCRETE COMPANY VARRA COMPANIES.INC.
4395 Washington Street 8120 Gage Street
Denver,Colorado 80216 Frederick,Colorado 80516
Atm: Ron Henley Attn: Chris Varra
With copy to:
Jeffrey W.Schwarz.Esq.
Carver Schwarz McNab& Bailey. LLC
1600 Stout Street, Suite 1700
Denver.Colorado 80202
Such addresses may be changed from time to time by either party by serving notices as
above provided.
25. Severability. If any part of this Lease shall be construed to be unenforceable, the
remaining parts shall remain in full force and effect.
26. Entire Agreement. This Lease contains the entire understanding and agreement
between Landlord and Tenant and supersedes all prior understandings, agreements,
representations, and other communications between Landlord and Tenant concerning the subject
matter hereof, and any executory agreement hereafter made between Landlord and Tenant shall
be ineffective to change, waive, release, discharge, terminate, or effect an abandonment of the
Lease, in whole or in part, unless such executory agreement is in writing and signed by each
party hereto.
27. Applicable Law. This Lease is made in the State of Colorado and shall be
construed in accordance with the laws of the State of Colorado.
28. Brokerage. The Parties represent to each other that no real estate broker,
salesperson or finder was involved or influential in negotiation of this Lease, or was a procuring
cause thereof, and each agrees to indemnify, defend and hold the other harmless from any
claims, liabilities, costs and expenses, which may be suffered or incurred as a consequence of
any claim being made in violation of the foregoing representation.
29. Recording. Landlord shall prepare and record at Tenant's expense in the Weld
County Clerk and Recorder's Office a summary Memorandum of Lease to provide notice of the
Lease between Landlord and Tenant. Landlord shall furnish Tenant evidence of such recording
within sixty(60)days of the Commencement Date.
30. Captions. Section and paragraph captions are for the convenience of the Parties
only and are not a part of this Lease and shall not be used for interpretation or construction of
this Lease.
31. Binding Effect. This Lease is binding upon and inures to the benefit of the
parties, their heirs, personal representatives, successors and permitted assigns. Any
modifications to the Lease must be in writing and signed by all parties.
32. Counterparts. This Lease may be executed in one of more counterparts, each of
which shall he deemed an original, and all of which together shall constitute one and the same
instrument.
IN WITNESS WHEREOF. the parties have duly executed this Lease as of the date first
above written.
LANDLORD: TENANT:
READY IrCED CO C ETE COMPANY VARRA C PANIES, IN
By: `, ' By: �ese�i
Title: 1/• t), 4f Title: .
TENANT:
SAND LA N ...
By:
Title: Ale •
STATE OF COLORAO )
ss.
COUNTY OF DENVER 1 l
The f regoin instrument was acknowledged before me thisg-i 4ay of tt-t(k_��`..- ,2009 by
w y\ St 'Vk-s., 1 as - - - of Rcady Mixed Concrete Company, a Colorado corpQrrati9n.
mit
,�p4tUEq My Commission Expires: .- "'(r..:9
zQ;N O T A A Y m Witness my hand and official seal.
0• —,..... 2'
: p LI
Gi •., / lit i •
'�y,FOF CO`O4. � Notary Public
��nm,N
' n ExP .
STATE OF COLORADO )
) ss.
COUNTY OF i - ad )
The foregoing instrum nt was acknowledged before me this.?.3 day of 74..7 ,2009 by
C4Aisryltric L• V4ot,e4,as riles; 047 of Varra Companies, Inc.,a Colorado corporation.11111106,\\\,a�0KRiUPA14My Commission Expires: S-.7/-/1
,� ,•� o •PR y•••; tness my hand and official seal.
O
a c
�p ; qc I T
‘. I Q' :4
OF' r~ G``���
"'/'IIIJI1111t0-\\‘
STATE OF COLORADO )
)COUNTY OF k, /d 1 ss.
The foregoing instrumen was acknowledged before me this,��day of '{`^..1 ,2009 by
CA G. 14►Lc.v ,as ,gs;dE,v r of Sand Land, Inc.,a Colorado corporation.
My Commission Expires: S7>i-/1
,\\' 11111110/// Witness my hand and official seal.
i
' ! n Y �%
1 Q = ~otary Public
�•'• P iJ'a" ��
"r1111110
EXHIBIT A
To Lease Agreement by and between
Ready Mixed Concrete Company,
Varra Companies, Inc. and
Sand Land, Inc.
Legal Description—The Nix Property
Parcel I
The NE1/4 and the NWl/4 SEI/4 of Section 28,Township 3 North, Range 67 West of the 6th
P.M., County of Weld, State of Colorado.
EXCEPTING THEREFROM a parcel of land conveyed to The Department of Highways,
State of Colorado by deed recorded December 5, 1957 in Book 1491 at Page 158, more
particularly described as follows:
The N1/2 NE1/4 of Section 28,Township 3 North, Range 67 West of the 6th P.M., in County
of Weld, State of Colorado, said tract or parcel being more particularly described as follows:
Beginning at a point on the East line of Section 28, Township 3 North, Range 67 West,
from which point the Northeast corner of Section 28 bears North 0 degrees 32 minutes
West, a distance of 90.0 feet;
1. thence along the East line of Section 28, North 0 degrees 32 minutes West, a
distance of 90.0 feet to the Northeast corner of Section 28:
2. thence along the North line of Section 28, North 89 degrees 49 West, a distance of
2,590.0 feet to the Northwest corner of the NE1/4 of Section 28;
3. thence along the West line of the NE1/4 of Section 28, South 0 degrees 24
minutes East, a distance of 40.0 feet;
4. thence South 89 degrees 49 minutes East,a distance of 2,512.1 feet;
5. thence South 45 degrees 10 minutes 30 seconds East, a distance of 71.2 feet to a
point on the existing West County Road right of way;
6. thence South 89 degrees 49 minutes East,a distance of 28.0 feet, more or less,
to the point of beginning.
ALSO EXCEPTING a parcel of land located in part of the SE1/4 NEI/4 of Section 28,
Township 3 North, Range 67 West of the 6th P.M.,County of Weld, State of Colorado and
being more particularly described as:
Considering the North line of the NE1/4 of said Section 28 to bear South 89 degrees 34
minutes 43 seconds East,as monumented and shown on the plat, and all bearings
contained herein relative thereto:
Beginning at the East Quarter corner of said Section 28;
thence North 00 degrees 17 minutes 32 seconds West, 271.48 feet along the East line of
said Section 28 to a point;
thence South 89 degrees 42 minutes 28 seconds West, 325.40 feet;
thence South 00 degrees 17 minutes 32 seconds East,267.08 feet to a point on the South
line of the NE1/4 of said Section 28;
thence South 89 degrees 31 minutes 05 seconds East, 325.45 feet to the Point of
Beginning.
Tax Parcel No. 120928100011
Parcel 2
The S W 1/4 SEl/4 and the S1/2 S W 1/4 of Section 28,Township 3 North, Range 67 West of the
6th P.M.,County of Weld, State of Colorado.
Tax Parcel No. 120928000006
EXHIBIT B
To Lease Agreement by and between
Ready Mixed Concrete Company,
Varra Companies, Inc. and
Sand Land, Inc.
The"Premises"
[See attached]
EXHIBIT
To Nix Property Right of Way Lease Agreement by and between
Ready Mixed Concrete Company,Varra Companies, Inc. and
Sand Land, Inc.
AN EASEMENT FM CONVEYOR BELT BEING A PART OF TilE SOUTHEAST'A OF
THE SOUTHEAST 54 SECTION 28,TOWNSHIP 3 NORTH,RANGE 67 WEST OF THE
6TH P.M.;COUNTY . WELD,STATE OP COLORADO,DESCRIBED AS FOLLOWS:
CONSIDERING T LINE OF THE SOUTHEAST''A OF THE SOUTHEAST'A OF
SAID SECTION 28 EAR NORTH 00°49'06"WEST,WTIII ALL BEARINGS HEREIN
RELATIVE THERE
}
COMMENCING AT SOUTHEAST CORNER OP THE SOUTHEAST 1/4 OF THE
SOUTHEAST 1/4 OP SECTION 28;THENCE NORTH 4477'45"EAST,A DISTANCE
OF 42.10 FEET TO INTERSECTION OF EAST RIGHT-OF-WAY LINE OF WELD
COUNTY ROAD 17: WE NORTH RIGHT-OF-WAY L NE OF WELD COUNTY ROAD
28,SAID INTERS BEING THE POINT OF BEGINNING;
THENCE COIN WITH THE EAST RIGHT-OF-WAY LINE OF SAID WELD
COUNTY ROAD 17 D PARALLEL WITH AND 30.00'FEET EAST OF THE WEST LINE
OF THE'SOUTNEA 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 28 NORTH
00.49'06•WEST,A ANCE OF 1210.26 FEET TO THE NORTH UNE OF THE
SOUTHEAST 1/4 E SOUTHEAST 1/4 OF SAID SECTION 28;THENCE
COINCIDENT WITH E NORTH UNE OF THE SOUTHEAST 1/4 7P THE SOUTHEAST
1/4 OF SAID S 28 SOUTH 89.4747"EAST,A DISTANCE OF 40.01 FEET;THENCE
PARALLEL WITH 70.00'EAST OP THE WEST LINE OF THE SOUTHEAST 1/4 OF
THE SOUTHEAST I OF SAID SECTION 28 SOUTH 00.4906"EAST,A DISTANCE OF
1209.71 FEET, E NORTH 8990'54"EAST,A DISTANCE OF 31.43 PEET;THENCE
PARALLEL WTIH WEST UNE OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4
OF SECTION 28 00.49'06"EAST,A DISTANCE OF 70.95 FEET TO THE NORTH
RIGHT-OF-WAY OF SAID WELD COUNTY ROAD 28;THENCE COINCIDENT
WITH THE NORTH HT-OF-WAY UNE OF SAID WELD COUNTY ROAD 21 NORTH
89.55'25"WEST,A TANGS OF 71.44 PEET TO THE POINT OF BEGINNING.
CONTAINING 123 ES,MORE OR LESS.
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T ix_Propertyonyeyor_Rght of Way Lone Agnterm_ent_by and_tietwoWn
Ready Mixed_ Varra CoP_i-panI44, 121C•grad
SanttLand,Inc.
pm/ i p/ sE 1/� or 111[
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i t. N.II Iti Li N44'37'45t 42.10'
: in yj ;� I.2 NO0'4V00111 1250.2B'
1: 64,111? 1.. LS $68'47'47'E 40.01'
..� wI * 1.4 S0749'06'E 1209.71'
1! l'� LO NB9'10'54'E 31.43'
L 0 P tS It; L6 500'40'On 701$
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Exhibit 0 — Owner(s) of Record of Affected Land (Surface
Area) and Owner(s) of Substance to be Mined
6.4.15 EXHIBIT 0 - Owner(s) of Record of Affected Land (Surface Area) and
Owners of Substance to be Mined
The complete list of all owners can be submitted as a list or on a map in Exhibit C.
Ready Mixed Concrete Company
4395 Washington Street
Denver, Colorado 80216
Varra Companies, Inc. Heintzelman Project— Conveyor Amendment I
OMLR Permit M2009-018 August 2011
Exhibit P — Municipalities Within Two Miles
6.4.16 EXHIBIT P - Municipalities Within Two Miles
A list of any municipality(s) within two miles of the proposed mining operation and
address of the general office of each municipality.
Town of Firestone
151 Grant Avenue
Firestone, Colorado 80520
Town of Mead
Mead Town Hall
441 Third Street
P.O. Box 626
Mead, Colorado 80542
Varra Companies, Inc. Heintzelman Project—Conveyor Amendment 1
OMLR Permit M2009-018 August 2011
Exhibit Q — Proof of Amending Materials in previous Notice to
the Board of Supervisors — West Greeley Soil Conservation
District
6.4.17 EXHIBIT Q - Proof of Mailing of Notices to Board of County
Commissioners and Soil Conservation District
Proof that notice, of the permit application was sent to the Board of County Commissioners and,
if the mining operation is within the boundaries of a Soil Conservation District, to the Board of
Supervisors of the local Soil Conservation District, pursuant to Subparagraph 1.6.2(1)(a)(ii).
Longmont Conservation District
Board of Supervisors
ATTN: Nancy McIntyre, District Manager
9595 Nelson Road, Box D
Longmont, Colorado 80501
NOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT
FOR REGULAR (112) CONSTRUCTION MATERIALS EXTRACTION OPERATION -
Colorado Division of Reclamation Mining and Safety (RMS) AMENDMENT Permit application
for Varra Companies, Inc. — Heintzelman Project. — M-2009-018.
Varra Companies, Inc. (the `Applicant/Operator) has applied for a Regular (112) reclamation permit
AMENDMENT from the Colorado Mined Land Reclamation Board (the "Board") to conduct the
extraction of construction materials operations in Weld County. The attached information is being
provided to notify you of the location and nature of the proposed operation. The entire application is on
file with the Division of Reclamation, Mining, and Safety (the "Division") and the local county clerk and
recorder.
The applicant/operator proposes to reclaim the affected AMENDED land to Agricultural use. Pursuant to
Section 34-32.5-116(4)(m), C.R.S., the Board may confer with the local Conservation Districts before
approving of the post-mining land use. Accordingly, the Board would appreciate your comments on the
proposed operation. Please note that, in order to preserve your right to a hearing before the Board on this
application, you must submit written comments on the application within twenty (20) days of the date of
last publication of notice pursuant to Section 34-32.5-112(10), C.R.S.
If you would like to discuss the proposed post-mining land use, or any other issue regarding this
application, please contact the Division of Reclamation, Mining, and Safety, 1313 Sherman Street, Room
215, Denver, Colorado 80203, (303) 866-3567.
Your signature below acknowledges receipt of the above referenced permit application.
Date Received: , / er
Received By: D0�1 r--e#S
Office of Board of Supervisors — Longmont Conservation District
Varra Companies, Inc. Heintzelman Project—Conveyor Amendment 1
OMLR Permit M2009-018 - August 2011
Exhibit Q — Proof of Amending Materials in previous Notice to
the Board of County Commissioners
6.4.17 EXHIBIT Q - Proof of Mailing of Notices to Board of County
Commissioners and Soil Conservation District
Proof that notice, of the permit application was sent to the Board of County Commissioners and,
if the mining operation is within the boundaries of a Soil Conservation District, to the Board of
Supervisors of the local Soil Conservation District, pursuant to Subparagraph 1.6.2(1)(a)(ii).
Weld County Clerk to the Board
915 10th Street, 3rd Floor
Greeley, Colorado 80632
NOTICE OF FILING APPLICATION FOR COLORADO MINED LAND RECLAMATION PERMIT
FOR REGULAR (112) CONSTRUCTION MATERIALS EXTRACTION OPERATION -
Colorado Division of Reclamation Mining and Safety (RMS) AMENDMENT Permit application
for Varra Companies, Inc.—Heintzelman Project.—M2009-018.
Varra Companies, Inc. (the `Applicant/Operator) has applied for a Regular (112) reclamation permit
AMENDMENT from the Colorado Mined Land Reclamation Board (the "Board") to conduct the
extraction of construction materials operations in Weld County. The attached information is being
provided to notify you of the location and nature of the proposed operation. The entire application is on
file with the Division of Reclamation, Mining, and Safety (the "Division") and the local county clerk and
recorder.
The applicant/operator proposes to reclaim the affected AMENDED land to Agricultural use. Pursuant to
Section 34-32.5-116(4)(m), C.R.S., the Board may confer with the local Conservation Districts before
approving of the post-mining land use. Accordingly, the Board would appreciate your comments on the
proposed operation. Please note that, in order to preserve your right to a hearing before the Board on this
application, you must submit written comments on the application within twenty (20) days of the date of
last publication of notice pursuant to Section 34-32.5-112(10), C.R.S.
If you would like to discuss the proposed post-mining land use, or any other issue regarding this
application, please contact the Division of Reclamation, Mining, and Safety, 1313 Sherman Street, Room
215, Denver, Colorado 80203, (303) 866-3567.
Your signature below acknowledges receipt of the above referenced permit application.
Date Received:
Received By:
Office of Weld County Clerk to the Board of Weld County Commissioners
Varra Companies, Inc. Heintzelman Project—Conveyor Amendment 1
OMLR Permit M2009-018 August 2011
Exhibit R — Proof of Filing with County Clerk and Recorder
6.4.18 EXHIBIT R - Proof of Filing with County Clerk and Recorder
An affidavit or receipt indicating the date on which the application was placed with the
local County Clerk and Recorder for public review, pursuant to Subparagraph
1.6.2(1)(c).
Proof of filing with the County Clerk,pursuant to Subparagraph 1.6.2(1)(c):
Weld County Clerk to the Board
915 10th Street, 3`d Floor
Greeley, Colorado 80632
Subject: Colorado Division of Reclamation Mining and Safety (RMS) Permit
AMENDMENT application for Varra Companies, Inc. —Heintzelman Project.
Your signature below acknowledges receipt of the above referenced permit application.
The application will be placed for public inspection and review. The information will be made
available to the public until final agency action by the RMS Board, as defined by C.R.S. 24-4-
105(14).
Date Received:
Received By:
Office of Weld County Clerk to the Board
Varra Companies, Inc. Heintzelman Project—Conveyor Amendment I
OMLR Permit M2009-018 August 2011
Exhibit S — Geotechnical Stability
6.4.19 EXHIBIT S - Permanent Man-made Structures
Where the mining operation will adversely affect the stability of any significant, valuable
and permanent man-made structure located within two hundred (200) feet of the
affected land, the applicant may either:
(a) provide a notarized agreement between the applicant and the person(s) having
an interest in the structure, that the applicant is to provide compensation for any
damage to the structure; or
(b) where such an agreement cannot be reached, the applicant shall provide an
appropriate engineering evaluation that demonstrates that such structure shall
not be damaged by activities occurring at the mining operation; or.
(c) where such structure is a utility, the Applicant may supply a notarized letter, on
utility letterhead, from the owner(s) of the utility that the mining and reclamation
activities, as proposed, will have "no negative effect" on their utility.
6.5 GEOTECHNICAL STABILITY EXHIBIT
1) On a site-specific basis, an Applicant shall be required to provide a geotechnical
evaluation of all geologic hazards that have the potential to affect any proposed
impoundment, slope, embankment, highwall, or waste pile within the affected
area. The Applicant may also be required to provide a geotechnical evaluation
of all geologic hazards, within or in the vicinity of the affected lands, that may be
de-stabilized or exacerbated by mining or reclamation activities.
(2) On a site-specific basis, an Applicant shall be required to provide engineering
stability analyses for proposed final reclaimed slopes, highwalls, waste piles and
embankments. An Applicant may also be required to provide engineering stability
analyses for certain slopes configuration as they will occur during operations,
including, but not limited to embankments. Information for slope stability
analyses may include, but would not be limited to, slope angles and
configurations, compaction and density, physical characteristics of earthen
materials, pore pressure information, slope height, post-placement use of site,
and information on structures or facilities that could be adversely affected by
slope failure.
(3) Where there is the potential for off-site impacts due to failure of any geologic
structure or constructed earthen facility, which may be caused by mining or
reclamation activities, the Applicant shall demonstrate through appropriate
geotechnical and stability analyses that off-site areas will be protected with
appropriate factors of safety incorporated into the analysis. The minimum
acceptable safety factors will be subject to approval by the Office, on a case by-
case basis, depending upon the degree of certainty of soil or rock strength
determinations utilized in the stability analysis, depending upon the
consequences associated with a potential failure, and depending upon the
potential for seismic activity at each site.
Varra Companies, Inc. Heintzelman Project—Conveyor Amendment 1
OMLR Permit M2009-018 August 2011
Exhibit S — Geotechnical Stability
(4) At sites where blasting is part of the proposed mining or reclamation plan, the
Applicant shall demonstrate through appropriate blasting, vibration, geotechnical,
and structural engineering analyses, that off-site areas will not be adversely
affected by blasting.
No Change from Original Submittal.
Varra Companies, Inc. Heintzelman Project—Conveyor Amendment 2
OMLR Permit M2009-018 August 2011
LARGE MAPS AVAILABLE
FOR VIEWING
AT
THE CLERK TO THE
BOARD 'S OFFICE ,
IN THE
PUBLIC REVIEW FILE .
STATE OF COLORADC
DIVISION OF RECLAMATION,MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver,Colorado 80203 C O :4111111 RA DO
I S ION O F
Phone:(303)866-3567 RECLAMATION
FAX:(303)832-8106 MINING
&_
SAFETY
John W.Hickenlooper
Governor
Notice of 112 Construction Materials Mike King
Executive Director
Reclamation Permit Amendment Application Consideration
Loretta E.Pineda
Director
DATE: August 12,2011
TO:
Weld County Commissioners
County Commissioner
915 10th St
Greeley, CO 80631
sw D 4-r Milk
FROM: Michael A. Cunningham, Environmental Protection Specialist
RE: Varra Companies Inc., Heintzelman Project(Pit 116), Permit No. M-2009-018
Please be advised that on August 12, 2011, Varra Companies Inc., whose address and telephone number are 8120 Gage
St. , Frederick, CO 80516; (303) 666-6657, filed an Amendment application to M-2009-018, Heintzelman Project (Pit
116), which is located at or near Section 32, Township 3N, Range 67W, 06th Prime Meridian, in Weld County. The
application decision is scheduled for November 10,2011.
A copy of the application is available for review, unless you receive a CD, at the Weld County Clerk& Recorder's office
and at the office of the Division of Reclamation, Mining and Safety, Room 215, 1313 Sherman Street, Denver,
Colorado 80203.
If you desire to make comments or objections of the mine plan and/or the reclamation plan, they must be submitted
within twenty(20) days of the date of the last newspaper public notice to be considered in the application review process
by the Division. You should contact the applicant for the newspaper publication date. If we do not receive your
comments or any objection by the end of the public comment period, the Office will assume you have no objection or
comment to the proposed activity.
Office of Office of
Mined Land Reclamation Denver • Grand!unction • Duraneo Active and Inactive Mini
O—bin Crg
Or ,S...z l
STATE OF COLORADO
DIVISION OF RECLAMATION,MINING AND SAFETY frill
,(1 el
Department of Natural Resources �
1313 Sherman St.,Room 215(3 COLORADO
Phone:
Denver,( 031866-3567 Comp 80203CONSTRUCTION MATERIALS DIVISION OF
RECLAMATION
FAX:(303)8324106 REGULAR(112)OPERATION MINING
RECLAMATION PERMIT APPLICATION FORM SAFETY
Bill Ritter,Jr.
Governor
CHECK ONE: 0 There is a File Number Already Assigned to this Operation
20 09 018 Hans D.Shaman
PerilM -20 __ (Please reference the file number currently assigned to this operatioa)ecuwe Director
New Application(Rule 1.4.5) -#_J Amendment Application(Rule 1.10) Ronald w.Cattarry
Division Director
Conversion Application(Rule 1.11) Natural Resource Trustee
Permit# M -20 -09 _018 (provide for Amendments and Conversions of existing permits)
The application for a Construction Materials Regular 112 Operation Reclamation Permit contains three major parts:(1)the application
form;(2)Exhibits A-S,Addendum 1,any sections of Exhibit 6.5(Geoteclinical Stability Exhibit;and(3)the application fee. When you
submit your application,be sure to include one(1)complete signed and notarized ORIGINAL and one (1)copy of the completed
application form,two(2)copies of Exhibits A-S,Addendum 1,appropriate sections of 6.5(Geotechnical Stability Exhibit,and acheckfor
the application fee described under Section(4)below. Exhibits should NOT be bound or in a 3-ring binder;maps should be folded to
8 1/2"X 11"or 8 1/2"X 14"size. To expedite processing,please provide the information in the format and order described in this form.
GENERAL OPERATION INFORMATION
Type or print clearly,in the space provided,ALL information requested below.
1. Applicant/operator or company name(name to be used on permit): Varra CompanieS, InC.
1.1 Type of organization(corporation,partnership,etc.): Corporation
2. Operation name(pit,mine or site name): Heintzelman Project(Pit 116)
3. Permitted acreage(new or existing site): 153.65 permitted acres
1.58
3.1 Change in acreage(+) acres
3.2 Total acreage in Penult area 155.23 acres
4. Fees:
4.1 New Application $2,696.00_ application fee
4.2 New Quarry Application $3,342.00 quarry application
4.4 Amendment Fee $2,229.00 amendment fee
4.5 Conversion to 112 operation(set by statute) $2 696.00 conversion fee
5. Primary rnmmoditie(s)to be mined: sand gravel alter earth products
5.1 Incidental commodities)to be mined: 1. - Ibs/Tons/vr 2. / lbs/Tons/vr
3. / lbs/Tons/vr 4. / lbs/Ions/vr 5. / lbs/lons/vr
5.2 Anticipated end use of primary commodities)to be mined: Construction
5.3 Anticipated end use of incidental commoditie(s)to be mined: N/A
RECEIVED
AUG 03 2011
Division of Necialnatlon,
Mining and Safety
Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines
-2-
6. Name of owner of subsurface rights of affected land: Refer to Exhibit O
If 2 or more owners,"refer to Exhibit O".
7. Name of owner of surface of affected land: Refer to Exhibit O
8. Type of mining operation: 1 Surface D Underground
9. Location Information: The center of the area where the majority of mining will occur:
coUNTl: Weld
PRINCIPAL MERIDIAN(check one): _ID_4 6th(Colorado) [1 10th(New Mexico) 11 Ute
SECTION(write number): s 29 n
TOWNSHIP(write number and check direction): T 3l lit North Q South
RANGE(write number and check direction): R 67 Q East }+..f West
QUARTER SECTION(check one): El SW
❑ �NW SW
QUARTER/QUARTER SECTION(check one): NE S��
GENERAL DESCRIPTION:(the number of miles and direction from the nearest town and the approximate elevation):
Legal Is for the Amended Area of a Conveyor Route connecting the Reinttelman Project to the South with the Kurt[Project(M1999-006)to the North near the intersections of NCR 17 and 28.
10. Primary Mine Entrance Location(report in either Latitude/Longitude at UTM):
Latitude/Longitude:
Example: (N) 39° 44' 12.98"
(W) 104° 59' 3.87"
Latitude(N): deg 40 min 10 sec 46 .8 (2 decimal places)
Longitude(W): deg 104 min 54 sec 32 .5 (2 decimal places)
OR
Example: (N) 39.73691°
(W) -104.98449°
Latitude(N) (5 decimal places)
Longitude(W) (5 decimal places)
OR
Universal Tranverse Mercator(UTM)
Example: 201336.3 E NAD27 Zone 13
4398351.2 N
Nad 83 13
UTM Datum(specify NAD27,NAD83 or WGS 84) Zone
Easting
Northing
3
II. Correspondence Information:
APPLICANT/OPERATOR (name,address,and phone of name to be used on permit)
Contact's Name:
Christopher L Varra Title: President
Company Name: Varra Companies, Inc.
Street/P.O.Box: 8120 Gage Street P.O.Box:
City: Frederick
State: Colorado Zip Code: 80516
Telephone Number: ( 303 )_ 666-6657
Fax Number: ( 303 ) 666-6743
-
PERMITTING CONTACT (if different from applicant/operator above)
Contact's Name:
Bradford Janes Title: Forester
Company Name: Varra Companies, Inc.
Street/P.O.Box: 8120 Gage Street P.O.Box:
City: Frederick
State: Colorado Zip Code: 80516
Telephone Number. ( 970 )_ 353-8310
Fax Number: ( 970 )_ 3534047
INSPECTION CONTACT
Contact's Name: see Applicant/Operator, above Title:
Company Name:
Street/P.O.Box: P.O.Box:
City:
State: Zip Code:
Telephone Number. f )-
Fax Number: ( )-
CC: STATE OR FEDERAL LANDOWNER(if anvl
Agency:
Street:
City:
State: Zip Code:
Telephone Number. f 1-
CC: STATE OR FEDERAL LANDOWNER(if anyl
Agency:
Street:
City:
State: Zip Code:
Telephone Number: ( 1-
•
-4-
12. Primal future(Post-mining)land use check one): �,
�l Cropland(CR) LI Pastureland(PL) 12] General Agriculture(GA) (amendment area)
Rangeland(RL) JJ Forestry(FR) Wildlife Habitat(WL)
f1Residential(RS) j] Recreation(RC) �)''''"',�,( Industrial/Commercial(IC)
nDeveloped Water Resources(WR) El Solid Waste Disposal(WD)
13. Prima r resent land use check one :
IICropland(CR) Pastureland(PL) General Agriculture(GA) (amendment area)
Fi Rangeland(RL) Forestry(FR) �q Wildlife Habitat(WL)
�' IIResidential(RS) Recreation(RC) Industrial/Commercial(IC)
—a Developed Water Resources(WR)
14. Method of Mining: Briefly explain mining method(e.g.truck/shovel):
This Amendment is for the conveyance of extracted or processed materials between two existing operations.co
15. On Site Processing: I 1 Crushing/Screening
13.1 Briefly explain mining method(e.g.truck/shovel):
Materials are extracted and either directly placed or first processed',nor to entry into a conveyor system to convey materials between two existing operations.
List any designated chemicals or acid-producing materials to be used or stored within permit area:
None
16. Description of Amendment or Conversion:
If you are amending or converting an existing operation,provide a brief narrative describing the proposed change(s).
• Addition of a conveyor route to direct materials from the approved conveyor line within the existing
Heintzelman Project(M2009-018)from near the northeast corner, east to a conveyor bridge on lands
owned by Varra Companies Inc.then north across Weld County Road 28 under an approved Weld
County Right of Way Permit utilizing the conveyor bridge, then into a lease area located along and east of
Weld Co ty Roil 17 ar,rs north of Weld County Road 28, where the conveyor line continues north into
the existing Kurtz Project (M1999-006). Once the line enters the Kurtz Project boundary the line is makes
its way to an existing plant site location, as detailed in a related Technical Revision t
permit. The conveyor line within the existing Heintzelman Permit was previously approved.
-5-
Maas and Exhibits:
Two(2)complete,unbound application packages must be submitted. One complete application package consists of a signed application
form and the set of maps and exhibits referenced below as Exhibits A-S,Addendum 1,and the Geotechnical Stability Exhibit. Each exhibit
within the application must be presented as a separate section. Begin each exhibit on a new page. Pages should be numbered consecutively
for ease of reference. If separate documents are used as appendices,please reference these by name in the exhibit.
With each of the two(2)signed application forms, you must submit a corresponding set of the maps and exhibits as described in the
following references to Rule 6.4,6.5,and 1.6.2(1)(b): ,
EXHIBIT A Legal Description
EXHIBIT B Index Map
EXHIBIT C Pre-Mining and Mining Plan Map(s)of Affected Lands
EXHIBIT D Mining Plan
EXHIBIT E Reclamation Plan
EXHIBIT F Reclamation Plan Map
EXHIBIT G Water Information
EXHIBIT H Wildlife Information
EXHIBIT I Soils Information
EXHIBIT J Vegetation Information
EXHIBIT K Climate Information
EXHIBIT L Reclamation Costs
EXHIBIT M Other Permits and Licenses
EXHIBIT N Source of Legal Right-To-Enter
EXHIBIT C) Owners of Record of Affected Land(Surface Area)and Owners of Substance to be Mined
EXHIBIT P Municipalities Within Two Miles
EXHIBIT Q Proof of Mailing of Notices to County Commissioners and Conservation District
EXHIBIT R Proof of Filing with County Clerk or Recorder
EXHIBIT S Permanent Man-Made Structures
Rule 1.6.2(1)(b) ADDENDUM 1 -Notice Requirements(sample enclosed)
Rule 6.5 Geotechnical Stability Exhibit(any required sections)
The instructions for preparing Exhibits A-S,Addendum 1,and Geotechnical Stability Exhibit are specified under Rule 6.4 and 6.5 and
Rule 1.6.2(1)(6)of the Rules and Regulations. If you have any questions on preparing the Exhibits or content of the information required,
or would like to schedule a pre-application meeting you may contact the Office at 303-866-3567.
Responsibilities as a Permittee:
Upon application approval and permit issuance,this application becomes a legally binding document. Therefore,there are a
number of important requirements which you,as a permittee, should fully understand. These requirements are listed below.
Please jead and initial each requirement,in the space provided,to acknowledge that you understand your obligations. If you
do po)/itnderstand these obligations then please contact this Office for a full explanation.
C�////' I. Your obligation to reclaim the site is not limited to the amount of the financial warranty. You assume legal
liability for all reasonable expenses which the Board or the Office may incur to reclaim the affected lands
associated with your mining operation in the event your permit is revoked and financial warranty is forfeited;
en2. The Board may suspend or revoke this permit,or assess a civil penalty, upon a fording that the permittee
violated the terms or conditions of this permit, the Act,the Mineral Rules and Regulations,or that information
er^ contained in the application or your permit misrepresent important material facts;
err 3. If your mining and reclamation operations affect areas beyond the boundaries of an approved permit
0/ boundary,substantial civil penalties,to you as permittee can result;
4. Any modification to the approved mining and reclamation plan from those described in your approved
application requires you to submit a permit modification and obtain approval from the Board or Office;
• 5. It is your responsibility to notify the Office of any changes in your address or phone number;
*I
• 6. Upon permit issuance and prior to beginning on-site mining activity,you must post a sign at the entrance of
the mine site,which shall be clearly visible from the access road,with the following information(Rule 3.1.12):
a. the name of the operator;
b. a statement that a reclamation permit for the operation has been issued by the Colorado Mined Land
Reclamation Board;and,
c. the permit number.al 7. The boundaries of the permit boundary area must be marked by monuments or other markers that are clearly
i visible and adequate to delineate such boundaries prior to site disturbance.
(n� 8. It is a provision of this permit that the operations will be conducted in accordance with the'terms and
conditions listed in your application,as well as with the provisions of the Act and the Construction Material Rules
/ and Regulations in effect at the time the permit is issued.
(.../
W 9. Annually,on the anniversary date of permit issuance,you must submit an annual fee as specified by Statute,
and an annual report which includes a map describing the acreage affected and the acreage reclaimed to date(if
there are changes from the previous year), any monitoring required by the Reclamation Plan to be submitted
annually on the anniversary date of the permit approval. Annual fees are for the previous year a permit is held. For
example,a permit with the anniversary date of July 1,1995,the annual fee is for the period of July 1, 1994 through
June 30, 1995. Failure to submit your annual fee and report by the pen nit anniversary date may result in a civil
penalty, revocation of your permit, and forfeiture of your financial warranty. It is your responsibility, as the
permittee,to continue to pay your annual fee to the Office until the Board releases you from your total reclamation
odresponsibility.
10. For joint venture/nartnershin operators:the signing representative is authorized to sign this document and a
power of attorney(provided by the partner(s))authorizing the signature of the representative is attached to this
---application.
-7-
NOTE TO COMMENTORS/OBJECTORS:
It is likely there will be additions,changes,and deletions to this document prior to final decision by the Office. Therefore,if
you have any comments or concerns you must contact the applicant or the Office prior to the decision date so that you will
know what changes may have been made to the application document.
The Office is not allowed to consider comments,unless they are written,and received prior to the end of the public comment
period. You should contact the applicant for the final date of the public comment period.
If you have questions about the Mined Land Reclamation Board and Office's review and decision or appeals process,you may
contact the Office at(303)866-3567.
-8-
Certification:
As an authorized representative of the applicant, I hereby certify that the operation described has met the minimum
requirements of the following terms and conditions:
1. To the best of my knowledge,all significant,valuable and permanent man-made structure(s)in existence at the time
this application is filed,and located within 200 feet of the proposed affected area have been identified in this application
(Section 34-32.5-115(4)(e),C.R.S.).
2. No mining operation will be located on lands where such operations are prohibited by law
(Section 34-32.5-115(4)(1),C.R.S.;
3. As the applicant/operator,I do not have any extraction/exploration operations in the State of Colorado currently in
violation of the provisions of the Colorado Land Reclamation Act for the Extraction of Construction Materials
(Section 34-32.5-120,C.R.S.)as determined through a Board finding.
4. I understand that statements in the application are being made under penalty of perjury and that false statements
made herein are punishable as a Class 1 misdemeanor pursuant to Section 18-8-503,C.R.S.
This form has been approved by the Mined Land Reclamation Board pursuant to section 34-3Z 5-112,C.RS,of the Colorado Land
Reclamation Act for the Extraction of Construction Materials. Any alteration or modification of this form shall resell in voiding any
permit issued on the altered or modified form and subject the operator to cease and desist orders and civil penalties for operpling
without a permit pursuant to section 34-32.5-123,C.R.S. =- ,
Signed and dated this day of OO11
V /t- l _rern i is i 1 , If Corporation Attest(Seaf); ,•
Applicant/Operator or rime
Signed: -
(3 22 Signed:
(Pk
Co rate Sec or Equivalent
Title: President Town/City/County Clerk
State of e- '0jrO_-J o
County of inlet t Q )). /J 1
The foregoing instrument was acknowledged before mr�this a- day of At. t.).5. /�
ao�by hei 5 t�S 1-. Vo-rro as H"L°Si denP of �Ot Lc»tioonie3,ShP
citi#19
Notary Public
My Commission expires: /C7
q
77.
SIGNATURES MUST BE IN BLUE INK
You must post sufficient Notices at the location of the proposed mine site to clearly identify the site as the locali'onrora /'
Exhibit A — Legal Description
6.4.1 EXHIBIT A- Legal Description
(1)The legal description must identify the affected land, specify affected areas and be
adequate to field locate the property. Description shall be by (a), township, range, and
section, to at least the nearest quarter-quarter section and (b), location of the main
entrance to the site reported as latitude and longitude, or the Universal Transverse
Mercator (UTM) Grid as determined from a USGS topographic map. A metes and
bounds survey description is acceptable in lieu of township, range, and section. Where
available, the street address or lot number(s)shall be given. This information may be
available from the County Assessor's office or U.S. Geological Survey (USGS) maps.
(2) The main entrance to the mine site shall be located based on a USGS topographic
map showing latitude and longitude or Universal Transverse Mercator (UTM). The
operator will need to specify coordinates of latitude and longitude in degrees, minutes
and seconds or in decimal degrees to an accuracy of at least five (5) decimal places
(e.g., latitude 37.12345 N, longitude 104.45678 W). For UTM, the operator will need to
specify North American Datum (NAD) 1927, NAD 1983, or WGS 84, and the applicable
zone, measured in meters.
Amended Conveyor Area (less portion included in the Kurtz Project (M1999-006
Technical Revision), and as shown on Exhibit C— 3: Conveyor Route:
Commencing at the point of beginning at the corner of the Heintzelman Permit and
property location, or the northeast corner of Section 32, Township 3 North, Range
67 West, 6th P.M., Weld County Colorado; hence:
30.004+ feet 589°55'25.32"E
1310.259+ feet N00°49'05.65"W
40.006+ feet 89°47'46.98"E
1209.712+ feet 00°49'05.65"E
31.432+ feet 89°10'54.35"E
229.60+ feet 00°49'05.65"E
101.957+ feet 89°24'46.22"W
129.824+ feet 00°35'13.78"W
and comprising 1.58+ acres.
Original Permit Area:
The legal description for the property boundary and permit area is detailed on the
included map, as determined by American West Land Surveying Company, in
conformance with Rule 1.10.1(1). The main entrance is identified as `Proposed
Varra Companies, Inc. Heintzelman Project—Conveyor Amendment 1
OMLR Permit M2009-018 August 2011
Exhibit A — Legal Description
Access' (latitude 40°10'30.8" North, 104°54'16.1" South) as shown near the
Southeast corner of the permit/property boundary. Information provided is taken
directly from a boundary survey, also performed by American West Land
Surveying Company.
Existing residential property owned by the applicant, including outbuildings and
immediate lands, is identified by an existing fenceline and excluded from the
permit boundary. The property boundary comprises 157.06+ acres. The excluded
area of the residential property and correlated lands comprises 3.41+ acres. When
the residential property is excluded from the property boundary, the remaining land
comprise the total permit area and boundary comprising 153.65+ acres.
Varra Companies, Inc. Heintzelman Project—Conveyor Amendment 2
OMLR Permit M2009-018 August 2011
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SCALE: 1 INCH = 400 FEET
VARRA COMPANIES, INC. DATE: 11 JULY 2011
8170 GAGE STREET a .
FREDERICK. COI ORADO 80534 REVISION:
TELEPHONE: (303) 666-6657 .
PAGE: 1 OF 1
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