HomeMy WebLinkAbout20091606.tiffVarra Companies, Inc.
Office of Special Projects
1431 East 16th Street Greeley, Colorado 80631 Telephone (970) 353-8310 Fax (970) 353-4047
Tuesday 30 June 2009
Weld County Clerk to the Board
91510' Street, 3'h Floor
Greeley, Colorado 80632
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Subject: Varra Companies, Inc. - Heintzelman Project - Regular Impact (112)fPermi?
Application. E
Additional materials submitted to the Colorado Division of Reclamation Mining and
Safety (CRMS):
• Correspondence of 12 May 2009 from the Colorado Office of Mined Land
Reclamation - Preliminary Adequacy Review.
• Correspondence of 30 June 2009 to the Colorado Office of Mined Land
Reclamation and attachments:
1. Corrected Regular Impact (112) Permit Application Form Certification Page.
2. One copy of the area FEMA Map.
3. Exhibit K — Climate: missing exhibit attachment from Weld County Soil
Survey.
4. Proofs of Publication, Notification, and accommodation with owners of
Structures located within 200 feet of `affected land.'
5. Signed Map Exhibits:
• Exhibit C-1: Existing Conditions Map
• Exhibit C-2: Extraction Map with 1:200 and 1:100 scale
• Conveyor Route Map
• Exhibit F — Reclamation Map
• Exhibit I/J - Soils &z Vegetation Map.
6. Signed Waivers — Wells within 600 feet of the permit boundary.
7. Two (2) signed Affidavit's.
8. Revised Exhibit C - List of Owners of Record.- Pre -Mining and Mining Plan
Map.
9. Reports from CGRS of 29 June 2009 and 30 June 2009.
10. Proof of Placement of this material with the Weld County Clerk to the
Board.
Your signature below acknowledges receipt of the above referenced material, as attached. The
material should be added to the above referenced Application, as originally submitted to the Weld
County Clerk to the Board, and made accessible for public review.
Received On , 2009
By:
Office of the Weld County Clerk to the Board of County Commissioners
Varra Companies, Inc.
2 Feb ary 2009
Y/CZ
Heintzelman Project RMS 112 Permit Application
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Varra Companies, Inc.
Office of Special Projects
8120 Gage Street Frederick, Colorado 80516 Telephone (970) 353-8310 Fax (970) 353.4047
Tuesday 30 June 2009
To: Michael A. Cunningham, EPS
Colorado Office of Mined Land Reclamation
1313 Sherman Street, #215
Denver, Colorado 80203
From: Varra Companies, Inc.
Bradford Janes, Professional Forester
Subject: M-2009-018 — Reply to the Colorado Office of Mined Land Reclamation (Office)
Preliminary Adequacy Review correspondence of 12 May 2009.
Dear Michael:
For greater continuity and ease of reference, we have iterated your comments by item in a
graphical box, with our comments in blue following:
1. The Division received comments from the Colorado Historical Society, Colorado
Division of Water Resources and Army Corp of Engineers. The letters are attached for your
review. Please address the comments noted in the letters, and make any changes in the
application as necessary.
While the referenced letters do not require any specific change to the original application
materials, supplemental information or other clarification may be warranted over time, as
provided for or committed to below:
Colorado Historical Society — We affirm if we find any human remains or other evidence of
cultural resources, we will report them to the Office of Archaeology and Historic Preservation
immediately and otherwise conform generally with: CRS 24-80 Part 13.
Army Corps of Engineers — There are no plans to affect wetlands in the application. If any work
is proposed, which will result in the placement of dredged or fill material, whether temporary or
permanent, in the Seep Ditch or the Last Chance Ditch, this office should be notified by a
proponent of the project for Department of the Army permits or changes in permit requirements
pursuant to Section 404 of the Clean Water Act.
Colorado Division of Water Resources — The status of the following concerns are as follows:
1) Approved Water Supply Plan or Decreed Plan for Augmentation — Cheryl Signs
Engineering, Inc., anticipates submittal of the temporary substitute water supply plan
this summer 2009.
2) Gravel or Well Permit — application submittal or approval date — Upon submittal of
the temporary substitute supply plan — approval of that plan can take approximately
30 days, with an additional 30 days required for approval of the well permit. The
Varra Companies, Inc. correspondence of 30 June 2009 to the Colorado Office of Mined Land Reclamation 1
(Office) in reply to Office correspondence of 12 May 2009 — Heintzelman Project — M2009-018.
Varra Companies, Inc.
Office of Special Projects
8120 Gage Street Frederick, Colorado 80516 Telephone (970) 353-8310 Fax (970) 353-4047
State Engineer's concerns should be satisfied by fall 2009. Regardless of any
unforeseen delays in approvals, groundwaters will not be exposed until all necessary
approvals from the Colorado State Engineer's Office are obtained.
3) Wells within 600 feet of the planned areas of extraction are shown on Exhibit C-2:
Extraction Plan Map. Waivers for all wells located within this 600 foot area are
attached.
Application Form
2. The Certification Page has not been filled out completely. Please submit a replacement
page and include the year wherever the date is listed.
It would appear the notary did not show the year. We regret the oversight. Included with this
submittal, please find a corrected Certification Page to replace that submitted with the original
application. The Certification affirms the date submitted originally to the Office.
6.4.1 Exhibit A — Legal Description and Location Map
No Office Comment — No reply.
6.4.1 Exhibit B — Index Man
No Office Comment — No reply.
6.4.3 Exhibit C — Pre -mining and Mining Plan Man(sl of Affected Lands
3. Rule 6.2.1(b) states that all maps must be signed by a professional land surveyor,
professional engineer, or other qualified person. Please submit signed copies of: Exhibit A;
Legal Description Map; Exhibit C-1: Existing Conditions Map; Exhibit C-2: Extraction Map;
Exhibit F: Reclamation Map; Exhibit Id: Soil & Vegetation Map; and the Conveyor Route Map.
We regret the oversight. Included with this reply find two complete sets of signed maps as
requested, above. The maps may include the revisions as requested by the Office in its
preliminary adequacy review, or as referenced or otherwise indicated, below.
4. Rule 6.4.3(e) requires the type of present vegetation covering the affected lands to be
portrayed on the Pre -mining or Mining Plan Maps. Please include the type of present vegetation
covering the affected lands on Exhibit I/J: Soils & Vegetation Map.
The soil demarcation portrays the extent of soil by type, for which each soil type corresponds to
site specific Range Site Descriptions (provided with the original submittal) indicating the native
cover that can occur over the property, with a text description of existing vegetation and an aerial
Vann Companies, Inc. correspondence of 30 June 2009 to the Colorado Office of Mined Land Reclamation 2
(Office) in reply to Office correspondence of 12 May 2009 — Heintzelman Project — M2009-018.
Varra Companies, Inc.
Office of Special Projects
8120 Gage Street Frederick, Colorado 80516 Telephone (970) 353-8310 Fax (970) 353-4047
image showing the irrigated pasture grass of the lower flood plain and the upland area comprised
of dryland pasture grass over Tract C.
While such a description has satisfied the Office in previous submittals, we have revised Exhibit
la Soils & Vegetation Map to comply with your request, and in a manner consistent with the
previously submitted information. Please be aware, vegetation cover over agricultural lands can
vary over time to meet landowner objectives, and the Range Site Descriptions were provided as a
superior means to understand the potential of the site when benchmarked to native conditions.
5. The Application states in Exhibit D that Tracts A and B are within the upper terrace of
the flood plain of St. Vrain Creek. Please depict the FEMA designated flood plain on Exhibit C-
2: Extraction Map.
As stated on page 2 of Exhibit D — Mining Plan, a complete reading of the paragraph continues:
`...While found within the upper terrace of the flood plain of St.
Vrain Creek, the FEMA designated flood plain does not reach the site
location since a rail road bed to the northwest intercepts and prevents
flood waters of St. Vrain Creek from reaching the location.'
Since the position of the project location to the railroad bed and St. Vrain Creek are visible in the
included aerial image on Exhibit C-2: Extraction Map, it seemed sufficient at the time to
distinguish in the text the limits of the active FEMA flood plain without contributing additional
symbolism and graphic overlays on the map; perhaps illuminating that relationship and
obfuscating others by including too many graphics over the attending image.
So to be clear; while Tracts A and B lie within the historic flood plain, a modification of the
historic flood plain by the introduction of rail and a corresponding railroad bed earlier in the
Twentieth Century changed the physical extent of the flood plain as it behave today. This
change was later reflected on FEMA drawn maps.
It appears that the Office is seeking assurances that the position of the current active flood plain
if verified respective of its relation to the historic flood plain wherein lie Tracts A and B. To this
end, and to assure the existing clarity of Exhibit C-2: Extraction Map for other features, we have
instead provided a copy of the actual FEMA map publication showing the respective location of
the project location (refer to quarter section description) to better address the Office's concerns.
We hope this slight modification of your request will satisfy the concerns of the Office.
6. Rule 6.4.3(g) requires the applicant to identify the owners of any significant, valuable,
and permanent man-made structures within two hundred feet of the affected land. Please provide
the owner's name with any associated structures on the Extraction Map.
We believe part of the concern is over working Exhibit C-2: Extraction Map to display diverse
and detailed information over a large area. The problem appears to be one of scale. Because of
Varra Companies, Inc. correspondence of 30 June 2009 to the Colorado Office of Mined Land Reclamation 3
(Office) in reply to Office correspondence of 12 May 2009 — Heintzelman Project — M2009-018.
Varra Companies, Inc.
Office of Special Projects
8120 Gage Street Frederick, Colorado 80516 Telephone (970) 353-8310 Fax (970) 3534047
the large area and diverse information attempting to be portrayed at one time, some information
that may have been obvious from our perspective, may not have translated in the final map.
The relative position of landowner to significant structures is adequately portrayed on the aerial
image and attending legend; but simply may not be fully understood due to scale and lack of
object specific labeling that is impractical at the scale provided. To better meet the concerns of
the Office, we are providing an Addendum to Exhibit C-2: Extraction Map which shows the
location at a much larger scale. The information should be considered in respect to the different
scales and attending information provided in both the I :100 and 1:200 scale Exhibit C-2:
Extraction Plan Map and the 1:400 scale Exhibit C-1: Existing Conditions Map; and attending
features indicated or otherwise shown in line work the map Legend and attending aerial image.
In order to gain scale, it must be understood that we had to divide the 1:100 scale Exhibit C-2:
Extraction Plan Map into two parts with a match line. The resulting image is larger and allows
for additional labeling and identification of structures, or a more close up image of the area of
interest, while still making visible on two sheets all significant features and structures in relation
to the project area and relative to a two hundred foot separation from the permit boundary.
While two hundred feet from the permit boundary, actual disturbance may be less than that
shown and it is therefore a relative marker and some judgment as to its applicability needs to be
applied as the consideration is for structures within 200 feet of the `affected land' and not the
permit boundary. In many instances, this limit is designated by the extraction boundary and not
the permit boundary_
The resulting close up should make more recognizable the area roads, fence lines, approximate
location buried and above ground utilities, oil and gas facilities, residential or other structures,
including agricultural structures and outbuildings, and other significant, valuable, man-made
structures in relation to their position with the project area. Some features are defined by line
work and described in the included Legend. Fencing with the permit boundary is identified.
Fencing exists on adjacent lands on the other side of shown county roads and is visible by the
change in vegetation seen in the aerial photograph. Area roads, fencing, utilities or other
permanent, significant and valuable manmade structures will not be affected by planned
extraction activity, as addressed further, below.
7. The Extraction Map illustrates the Project Boundary and the Area Mine Boundary.
Please clarify which of these boundaries corresponds to the permit boundary.
The Project Boundary is the Permit Boundary (Legend — Magenta Lines). The Extraction
Boundary shows the practical limits to extraction activity within the Permit Boundary. The Area
Mine Boundary (Legend — Red Lines) attempts to show the location of existing or lands
purchased and likely to be permitted in the future for mining relative to area parcels and the
project boundary. As requested later, a signed Exhibit C I: Existing Conditions Map is included
reflecting the locations as clarified, above.
Varra Companies, Inc. correspondence of 30 June 2009 to the Colorado Office of Mined Land Reclamation 4
(Office) in reply to Office correspondence of 12 May 2009 — Heintzelman Project — M2009-018.
Varra Companies, Inc.
Office of Special Projects
8120 Gage Street Frederick, Colorado 80516 Telephone (970) 353-8310 Fax (970) 3534047
8. Please list and locate on the applicable exhibit all structures that will be constructed on
the site (i.e., plants, offices, scale -house, recycling facilities, etc.) and provide their associated
dimensions and composition in order to accurately estimate the cost for removal in the
reclamation bond estimate.
During operations, any structures will be portable and not fixed, including those described by the
Office. While the attending structures are not known at this time, we will provide a revised map
and identify all planned structures and their locations under a Technical Revision, at which time
concerns for additional warranty may be attended to. We respectfully seek a conditional
approval of the plant location area at this time, respective of any subsequent Technical Revision.
Since the plants actually serve to provide construction materials for area infrastructure and
development, the potential remains for them to remain active subsequent to reclamation and
release of permit by the Office. Any plant or attending structures active subsequent to
reclamation as a potential industrial end -use within the area designated as shown on Exhibit C-2:
Extraction Map in the northern portion of Tract C. Any change in location or temporary
relocation to allow fill and return of plant activity at the existing location would be reflected in a
future Technical Revision to the permit at the time and circumstance require. In lieu of any
subsequent Technical Revision to the existing maps and permit documents, the plant would be
removed from the site and the lands below it extracted and reclaimed as prescribed in the permit
as the final area of extraction and reclamation.
9. Specify whether explosives will be used during mining per the requirements of Rule
6.4.4(i).
Explosives will not be used. The omission is inspired by how the law actually reads: `Specify if
explosives will be used...' Our prior understanding took this to mean you do not need to
comment unless you intend to use explosives. In the current age we also understand the need to
remove all doubt.
10. The Mining Plan states that the pit(s) will be dewatered to accommodate dry mining.
Please describe in detail the dewatering setup. Will there be dewatering trenches? How will
Tract C be dewatered and where will the discharge point be.
Once the pit floor is reached, dewatering trenches will be established along the bottom perimeter
to maintain positive flow to the pump. Discharge locations were shown for Tracts A and B, but
not for C. The dewatering of Tract C will require waters in Tract C to be piped to the dewatering
wells in place at Tract B or Tract A, and exit at the same discharge point. The explanation was
simply overlooked in editing the original submittal and trust this clarifies the concerns of the
Office.
11. The Mining Plan states that groundwater will be discharged into the seep ditch. Please
identify the owner(s) of the seep ditch. Also, provide consent to discharge into the seep ditch.
Vasa Companies, Inc. correspondence of 30 June 2009 to the Colorado Office of Mined Land Reclamation 5
(Office) in reply to Office correspondence of 12 May 2009 — Heintzelman Project — M2009-018.
Varra Companies, Inc.
Office of Special Projects
8120 Gage Street Frederick, Colorado 80516 Telephone (970) 353-8310 Fax (970) 3534047
Ownership of the Seep defaults to the owner of the seep wherein the seep lies. We maintain
ownership and control of the seep within the permit area. A signed affidavit is included.
12. Please indicate how the seep ditch and the Last Chance Ditch will be protected during
mining operations. The Last Chance Ditch is located immediately north of the stockpile and
plant area, how will the Operator prevent material from being eroded into the structure?
The Last Chance Ditch is located outside of the permit boundary and is a water conveyance
structure of limited conductance that will not be affected significantly by local groundwater
hydrology or planned operations relative to stability as evaluated by CGRS in their groundwater
study, and an earlier Stability Analysis report contained in Exhibit S of the application. Exhibit
S provides the necessary evaluation that slope failure from planned operations will not occur.
The groundwater study is also included with this reply as it concerns planned ground water
discharge and any resulting cone of depression and correlated impacts to area waters. The study
indicates there will be no impacts from such activity on the Last Chance Ditch as it passes just
outside the Northwest corner of our permit area.
The concrete lined lateral from the Last Chance Ditch is the structure referenced in the Office's
adequacy review, and is not owned by the Last Chance Ditch Company. The concrete lined
lateral from the Last Chance Ditch is owned and controlled by the owner of Varra Companies,
Inc., Pasquale Varra, as it occurs within the confines of the designated permit boundary (refer to
included affidavit).
The lateral is offset from planned extraction approximately 25.0+ to 43.0± from its center. The
topography along the lateral is essentially flat and all extraction will direct precipitation events
into the pit and away from area drainages. Additionally, the grassed border or existing road
running along the lateral will not be affected by extraction and will continue to function as a
buffer to the lateral from planned activities.
13. Please specify if the visual berm will be removed upon the completion of mining.
The berm may contain soil, or overburden and clean fill separately, and will be pushed into and
used along the finished grade of the reclaimed pit walls to the extent necessary to meet stated
minimum soil depths, as part of preparation of the completed slopes for revegetation. Any
remaining bermed material may be used to enhance the post mine development, but is not
anticipated to alter the designated post mine elevations to a significant extent. A final
reclamation map will be submitted to the Office at the time of release request showing the final
configuration and approximate contours for the finished site.
14. The Mining Plan states that mined materials will be conveyed to the Kurtz Project plant
via a conveyor connecting the Heintzelman Project (Pit 116) to the Kurtz Project plant. The
Varna Companies, Inc. correspondence of 30 June 2009 to the Colorado Office of Mined Land Reclamation 6
(Office) in reply to Office correspondence of 12 May 2009 — Heintzelman Project — M2009-018.
Varra Companies, Inc.
Office of Special Projects
8120 Gage Street Frederick. Colorado 80516 Telephone (970) 353-8310 Fax (970) 353-4047
Division has determined that the proposed conveyor route falls under the definition of affected
land, which the Construction Materials Rules define as the following:
Affected lands include but shall not be limited to private ways, rinds, except those raods
excluded pursuant to the Subsection 1.1(3), and railroad lines appurtenant to any such area;
land excavations; exploration or settling ponds; work, parking, storage or waste discharge
areas; and areas in which structures, facilities, equipment, machines, tools or other property
which result from or are used in such operations are situated
Therefore, the conveyor route will need to be included into the permit area. Adding the
conveyor route to the permit area will increase the overall permitted acreage which will require
an amendment to the permit application. The Applicant may amend a permit under
consideration by the Office by filing a copy of such amendment with the Office and placing a
copy with the County Clerk and Recorder. The amendment shall constitute a new filing for the
sole purposes of determining the date for consideration of the application by the Office, and for
the deadline for a final decision of the application. Should the Applicant choose not to include
the conveyor route into the permit area, then all applicable exhibits should be revised to reflect
this change.
We realize the `affected land' definition gives the Office considerable latitude in exercising its
jurisdiction, however, once a conveyance structure leaves a permit area, the impact is clearly not
mining or reclamation but transportation. We respectfully request the Office to reconsider its
position with the understanding that all necessary local permitting and engineering will be
applied and copied to the Office for its records. Just as local permitting for use can not and
should not intrude upon the jurisdiction of the Office, the Office should make some distinction
when activities necessary to the economical comportment of operations, like transportation, are
more a jurisdictional matter of `use,' than `affected land.'
If we view a conveyor system like any other form of transportation, just as the Office does not
permit the routes of a truck conveying materials off -site, neither in our opinion should it permit
conveyance except within the intended permit area, as it does for haul routes. Once material
leaves the intended permit area, local permitting and engineering (municipal or county public
works and departments of engineering) will be complied with. Since structures along public
transportation systems requires a unique consideration of liability pertaining to public safety and
engineering, local systems have staff and experience targeted to meet those considerations as
they pertain to transportation systems, as well as for any attending minor impacts to natural
resources or wildlife. The small footprint of the conveyor system is not anticipated to create an
adverse concern to natural systems or wildlife outside the capacities of local departments of
engineering.
Additionally, there are considerable challenges to complying with the Office's perspective in this
matter. The difficulties attending the identification and notification of owners of land and
structures within two hundred (200) feet either side of an extended conveyor route adds an undue
burden. If local permitting or operation requirements required a route change, the burden of
Varra Companies, Inc. correspondence of 30 June 2009 to the Colorado Office of Mined Land Reclamation 7
(Office) in reply to Office correspondence of 12 May 2009 — Heintzelman Project — M2009-018.
Varra Companies, Inc.
Office of Special Projects
8120 Gage Street Frederick, Colorado 80516 Telephone (970) 353-8310 Fax (970) 3534047
notification would be compounded. We believe once the conveyance structure leaves the
intended permit boundary it should fall into the jurisdiction of local authorities. Naturally, if it
re-enters a permit boundary on our or another permit, a Technical Revision would be appropriate
if it is not the boundary being applied for. Those Technical Revisions could be applied for prior
to construction or respective of any local permitting approval.
In this instance, a short run of approximately 60 feet (the width of the county right-of-way)
would cross either County (present) or Municipal (future) jurisdiction prior to reaching existing
Office permits for Ready Mixed Concrete and Varra Companies. Inc. to the North. Once in
those existing permit areas, you cannot double permit, so a Technical Revision to each permit
would be required to our understanding. We trust the Office on re-examination of our concerns
will concur.
15. The Mining Plan states that the final slope will be 3H:1 V down to a depth of 10 feet
below the normal water level. The Applicant must demonstrate that the water will be maintained
at a certain depth or range of depth. If the Applicant is unable to demonstrate that the water level
will be constant, then the final reclaimed slope will need to be 3H:1 V for the entire length of the
slope.
Consistent with our Water Decree (0ICW274) and total shares of Last Chance Ditch Water,
Varra Companies, Inc., has sufficient water to detain under this right, adequate water volumes to
maintain existing measured groundwater levels at the new surface consistent with typical
seasonal native static groundwater fluctuations of three (3.0+) feet, depending upon nominal
precipitation years. The calculations in Exhibit G — Water Resources were determined by our
water engineer and are provided in part to substantiate we have sufficient waters for unlined
reservoirs relative to the anticipated maximum surface acres of exposed groundwater.
16. The Mining Plan states that extraction will occur within 10 feet of non-residential
structures and within 25 feet of well heads. The Division requires a 200 foot setback from every
permanent man-made structure unless an executed damage waiver agreement has been submitted
per Rule 6.4.19(a). If an agreement cannot be reached then an engineering evaluation can be
used to demonstrate that mining will not result in structural damage per Rule 6.4.19(b).
Refer to signed Letters of Understanding or attending Notice sent and acknowledged by Certified
Mail/Return Receipt Requested.
17. The Mining Plan states that a fill operation will create the means for relocating oil and
gas line A. Please describe the fill operation and specify where oil and gal line A will be
relocated. Also, clarify which oil and gas lines correspond to the letter designations A, B,
and C.
Exhibit D, page 4, states:
Varra Companies, Inc. correspondence of 30 June 2009 to the Colorado Office of Mined Land Reclamation 8
(Office) in reply to Office correspondence of 12 May 2009 — Heintzelman Project — M2009-018.
Varra Companies, Inc.
Office of Special Projects
8120 Gage Street Frederick Colorado 80516 Telephone (970) 353-8310 Fax (970) 353-4047
`Tracts A, B, and C may be extracted concurrently. All extraction will proceed in a
manner to minimize visual and audible impacts to adjacent lands and properties. In Tract
A, extraction will commence to facilitate removal of material from a nearby residence and
gain time to vacate and relocate gas lines from the interior of the tract in cooperation with
the oil and gas producer. As extraction passes by red stage line one (1) shown on Exhibit
C-2: Extraction Map, a fill operation will create the means for relocating oil and gas line
A, while lines B and C will be relocated along the existing seep access road. All gas line
relocation will be coordinated with the current owners of the affected line.'
The Stage Lines are reference points to aid in describing and understanding critical shifts in
logistics at the location. The lines are approximate and relative to precedent activity, and
generally cannot be determined to a specified date, but relative to product demand and on -site
production.
The oversight in failing to indicate on the map the reference in text to the gas lines is corrected in
the revised Exhibit C-2_ Extraction Map. The intended route of the relocated gas lines will be
shown by Technical Revision once negotiations and final routes are established outside of the
intended area(s) of extraction.
18. Please indicate if the Applicant has an agreement in place with the owner of the oil and
gas lines to relocate these structures. If an agreement has not been reached, the Applicant may
file a Technical Revision to address the relocation of the oil and gas lines when an agreement has
been finalized. Without an actual agreement in place, the Reclamation Plan must reflect
reclamation with the oil and gas lines in place. The Reclamation Plan Map that was submitted
could be used as an alternate plan if an agreement to relocate the oil and gas lines is reached.
Please revise the Reclamation Plan accordingly.
The Mining and Reclamation Plan Maps show conceptually the optimal build out of the location
for extraction and subsequent reclaimed slopes. Historically, when the unforeseen affects intent,
a Technical Revision is applied to the approved application showing the final determining
factors. The mineral estate must cooperate with the surface estate, and we do not foresee any
reason why an agreement cannot be reached to relocate lines.
The history of this is well established. What should be understood is an agreement is reached
and costs derived based upon current need. Since we do not know how quickly state and local
approval will occur for the intended project, it becomes speculative to engage in relocation
agreements too far in advance of need. A cost today may not be valid even in the near term. To
reflect the impracticality of extracting Tract A with the current lines permanently in tact is
simply not a consideration of the applicant, and creates an undue burden on the operation.
The location of the oil and gas lines over our aggregate resource does point to the failure of state
and local authorities in protecting our valuable deposits under Title 34; and specifically a failure
of the Colorado Oil and Gas Conservation Commission and local planning departments. The
placement of oil and gas lines seem to consider the economics and values of the oil and gas
Varra Companies, Inc. correspondence of 30 June 2009 to the Colorado Office of Mined Land Reclamation 9
(Office) in reply to Office correspondence of 12 May 2009 — Heintzelman Project — M2009-018.
Varra Companies, Inc.
Office of Special Projects
8120 Crane Street Frederick, Colorado 80516 Telephone (970) 353-8310 Fax (970) 353-4047
industry while belittling the value of Colorado's greater infrastructure. We may get our natural
gas to the power plants, but residents should not have to drive on a interstate system of mud and
dirt. Aggregate is a protected resource under Title 34, and when oil and gas facilities expediently
place lines over aggregate resources in an effort to save cost, they must eventually come to
accommodate this mineral and surface estate of aggregate when it comes time for its
conservation by extraction in advance of land development and use.
We intend to open A to extraction. If for any reason an agreement cannot be reached, we will
provide a Technical Revision at that time to identify the extent of extraction and will reclaim
according to the parameters outlined under the rules and regulations of the office and the
approved application. We consider the burden of moving those lines the full responsibility of the
oil and gas entity that placed them there in violation of Title 34. Once an agreement is reached,
and when the time comes due for such an agreement, the Office will be kept informed.
Regardless, there is no need to relocate gas lines for Tracts B and C, and the lack of an
agreement up front for Tract A does not presently obstruct or otherwise serve to impair the
ability to extract in Tracts B and C. We in this instance request the Office to reconsider its
position and afford us the flexibility of our intent as depicted. If necessary, the Office can
condition the permit respective of Tract A and the above referenced Technical Revision, and the
need to acquire agreements for line relocation.
19. The Mining Plan states that an advancing 1600± foot extraction front will be comprised
of side slopes nearly 400 linear feet at 1.25H:1 V along each side of an 800 foot advancing wall.
Please clarify if the extraction front will be 1600 ft or 800 ft. Also, specify if the extraction front
will be comprised of a vertical highwall.
The referenced 1600± foot extraction front is comprised of an 800± foot advancing face and two
400+ foot trailing cuts on the flanks of the advancing face for a total of 1600+ feet for the entire
extraction front. The extraction front will conform with the limits of 1.251-1:1V limit, consistent
with that specified in your reference, above, and in conformance with limits under Exhibit S —
Stability Analysis.
20. The Mining Plan states that it is anticipated that Tract B will be mined after Tract A.
Please clarify if Tract C will be mined concurrently with Tract A. Also specify at what point
Tract C-2 will be mined as well as the point at which the plant/stockpile area will be mined.
Page 4 of Exhibit D — Mining Plan, states: `Tracts A, B, and C may be extracted
concurrently.' ... further, on page 5 ... `Tract B may be opened at any time if
demand and equipment can afford it, however, it is not anticipated to
commence until extraction is completed at Tract A. If Tract B opens prior to
Tract A, as per Exhibit L — Warranty Costs, additional warranty will need to
Varna Companies, Inc. correspondence of 30 June 2009 to the Colorado Office of Mined Land Reclamation 10
(Office) in reply to Office correspondence of 12 May 2009 — Heintzelman Project — M2009-018.
Varra Companies, Inc.
Office of Special Projects
8120 Gage Street Frederick, Colorado 80516 Telephone (970) 353-8310 Fax (970) 353-4047
be added for the advancing extraction front as estimated for either Tract A or
C.'
Essentially, all tracts may be extracted concurrently with each other, however, at the time of the
writing of the application, it appeared likely that B would not be opened up until extraction in A
was at or nearing completion. Tract C may be extracted at any time due to the depth of the
overburden and the likely need for pit run materials and the need to open up an area for on -site
plant processing.
To affect an area for plant operations, Tract C will be opened up from its North flank and a side
hill operation engaged until adequate space is available for portable equipment. Initially, the
area will be used for scale operations. Once plant operations are established, the underlying
material will prove to be the last portion of the permit area to be extracted. Side of hill
operations will continue in a Southerly direction beyond the referenced Stageline 2 as demand
warrants.
21. Please describe all haul roads that will be utilized for the mining operation. Provide the
dimensions of all haul roads and specify if they are to remain upon the completion of mining.
There are no site specific haul roads as they will occur over and within actively extracted Tracts,
and shift according to need or in response to the rate and general direction of extraction activity
and pit creation.
22. Rule 3.1.6(1) states that disturbances to the quantity and quality of water in surface and
groundwater systems shall be minimized. Please describe the protection measures that will be
used to ensure that spills of asphalt and/or concrete material will not contaminate the surface or
ground water. Will concrete trucks be washed out on site? If so, what measures will be taken to
contain the wash water?
The intent of the extraction plan map is to identify the approximate location and extent of
planned on -site processing activities. All design structures, elements and features of the planned
activity will be provided to the Office for approval prior to on -set of plant or processing
activities. For example: All truck and equipment washout areas will be contained in impervious
basins and will not have communication with either surface or ground waters. Adequate
protection to both surface and groundwater from planned activities will be accounted for in the
final design plan approved by the Office. Financial Warranty considerations may be adjusted at
that time.
6.4.5 Exhibit E — Reclamation Plan
23. The Applicant states that the post -mining land use will include industrial/commercial,
general agriculture, and residential. Rule 6.4.5(b) states in those instances where the post -mining
land use is for industrial, residential, or commercial purposes, appropriate evidence supporting
Varna Companies, Inc. correspondence of 30 June 2009 to the Colorado Office of Mined Land Reclamation 11
(Office) in reply to Office correspondence of 12 May 2009 — Heintzelman Project — M2009-0 18.
Varra Companies, Inc.
Office of Special Projects
8120 Gage Street Frederick Colorado 80516 Telephone (970) 353-8310 Fax (970) 3534047
such reasonable assurance shall be submitted. Please provide the Division with a Weld County
zoning map, which demonstrates that the proposed post -mining land uses are allowed.
The reference rule reads.
'In those instances where the post -mining land uses is for industrial,
residential, or commercial purposes and such use is not reasonably assured, a
plan for revegetation shall be submitted.
The `reasonable assurance' portion of the regulations is if we have specific plans that would
preclude the need for revegetation of affect lands. The application will treat the affected lands as
agricultural until the mixed use potential develops as anticipated over the next thirty years, and
includes plans for revegetation of all affected lands. The application states on page 3 of Exhibit
E . Reclamation Plan:
'All affected lands remaining above the anticipated final water level of the
ponds, and not otherwise occupied by existing or planned mixed uses, will be
re -vegetated with the approved seed mixture(s) for general agriculture.'
The potential of mixed use is to prevent changes in the demographics of the area from limiting
post mine end use potentials. Uses are projected and anticipated for a location 25-30 years later.
We anticipate increased urbanization and a highly mixed use for the location. Preliminary
discussion with the Town of Firestone concurs with this designation, yet the specification of
discrete uses beyond the present agricultural designation probably confuse the approach to treat
the site for purposes of current use and reclamation as distinctly agricultural, as provided for in
the reference above.
It should be noted however, that Weld County Land Use is not the final or only source for
determining `use.' The Colorado Water Courts have jurisdiction for the determination of the
'use' of water, exclusively. At this time, any waters held in the planned reservoirs are presently
designated for agriculture, industrial and piscatorial uses.
Since exposed groundwaters inundate the underlying land surface, they do not affect warranty
considerations, but do serve to justify our consideration for a broader mix of uses as part of the
overall intent of post permit development. The reclamation as determined under this submittal
provides a `foundation' for those anticipated uses. The intent of a mixed use designation is to
prevent future viable end uses from being rejected by stating an unrealistic limit to those
potentials at the on -set of permitting.
Finally, an editing error was found under Exhibit E that is inconsistent with the intent of the
application and the correct timeframe for extraction and reclamation of 25 + 5 years or a total
anticipated life of the mine of 30 years, as indicated in Exhibit D and the required public notice.
Varra Companies, Inc. correspondence of 30 June 2009 to the Colorado Office of Mined Land Reclamation 12
(Office) in reply to Office cor.-spondence of 12 May 2009 — Heintzelman Project — M2009-018.
Varra Companies, Inc.
Office of Special Projects
8120 Gage Street Frederick, Colorado 80516 Telephone (970) 353-8310 Fax (970) 353-4047
24. Please locate the area to be developed for commercial/industrial and residential uses on
the Reclamation Plan Map.
When changes warrant, the site will be updated to reflect the anticipated increase in mixed uses
via Technical Revision to the permit. For purposes of determining financial warranty, all lands
remaining above the anticipated static water level of the reservoirs, and not otherwise occupied
by allowed uses or structures, will be revegetated consistent with area agricultural uses and soils.
25. The Applicant states in Exhibit G that the pits will be lined upon the completion of
mining. There is no mention of lining the pits anywhere else in the permit application. Please
clarify if the pits will be lined or unlined. If they are to be lined, please provide the Division
with details on how and when the pit will be lined. Also, describe how the drawdown of the pits
and any associated shadow and mounding effect will impact surrounding well users and/or any
activities that rely on groundwater in the vicinity of the site.
All pits are to be extracted and reclaimed in an unlined state under the present submittal. The
applicant has sufficient waters to augment the entire potential acreage of exposed groundwater at
the surface to account for this consideration. The need to create lined reservoirs to liberate
augmentation waters is a cost benefit in relation to time consideration.
We anticipate at some point either after or immediately prior to reclamation release that the
reservoirs may be lined to accomplish this consideration. If it were to occur prior to release, a
technical revision to the permit will be applied for and warranty adjusted at that time.
Whether before or following release, should lining the reservoirs prove desirable, all planned
activities will comply with necessary federal, state and local law, including any necessary
permitting and approval with the Colorado State Engineer's Office of the Division of Water
Resources prior to the on -set of those activities. Until then, the plan under consideration in this
application provides for unlined reservoirs.
A groundwater study as reported by CGRS, details impacts to groundwater from planned
discharge during extraction activities. Any impacts to area wells will not occur on day one, but
over time. Varra Companies, Inc. will redrill any well who's water column is not deep enough to
withstand the potential impacts, prior to the anticipated impact on a particular well. As of this
writing, the nearby Haley well will be deepened to bedrock by Varra Companies, Inc. prior to
impact. It is the only well identified where there would be insufficient column depth subsequent
to drawdown from nearby discharge activities within the planned areas of extraction (essentially,
Tract A).
26. The Reclamation Plan does not indicate where the inlet and outlet facilities will be
located. Please provide the Division with the general location of these structures and identify
them on the Reclamation Plan Map. Also, provide the Division with design specifications of any
Varra Companies, Inc. correspondence of 30 June 2009 to the Colorado Office of Mined Land Reclamation 13
(Office) in reply to Office correspondence of 12 May 2009 — Heintzehnan Project — M2009-018.
Varra Companies, Inc.
Office of Special Projects
8120 Gage Street Frederick Colorado 80516 Telephone (970) 353-8310 Fax (970) 3534047
inlet and outlet facilities. If the location of these structures needs to be changed in the future, it
can be done through a Technical Revision to the permit.
Inlets and outlet design and locations for the reservoirs are not known at this time and will be
determined near the conclusion of extraction activities as a part of final reclamation. The
applicant agrees to provide the location and design of inlet and outlet facilities as a Technical
Revision prior to release of the lands from the approved permit.
27. The Reclamation Plan includes a backfill notice and affidavit certifying that the material
is clean and inert. Please specify the areas that will be backfilled. Will buildings or other
structures be constructed on backfill areas? If so, how will the material be placed and stabilized
to prevent settling and voids?
The application Backfill Permit, states:
Material will be mixed with on -site processing fines and reject prior to fill to
eliminate void spaces, where necessary.'
Fill will include `inert materials' that are not reactive with water or saturated conditions.
Essentially, Varra Companies will comply with all solid waste regulations as specified in 6 CCR
1007-2, PART I. Varra Companies will only use inert materials which meet the following
definition taken from the aforementioned regulation: "Inert material" means non-watersoluble
and non-putrescible solids together with such minor amounts and types of other materials as will
not significantly affect the inert nature of such solids. The term includes, but is not limited to,
earth, sand, gravel rock, concrete which has been in a hardened state for at least sixty days,
masonry, asphalt paving fragments, and other inert solids.
The use of fill is part of the reclamation effort and is anticipated to be utilized along perimeter
locations where extraction narrows or is shallow, for example at basin corners and notches.
Since it is difficult to identify the exact location and extent of fill locations in advance, final fill
locations will be mapped as part of reclamation and the information provided to the Office at the
time the applicant requests release from the permit.
Any structures located over fill will include the necessary engineering evaluation and local
permitting approval prior to construction. Structures over fill will not occur during the life of the
112 permit, except for any portions of the permit area released in part by the Office, or where
otherwise approved by the Office under a Technical Revision to the approved permit.
6.4.6 Exhibit F - Reclamation Plan Map
28. See comments under Exhibit C - No. 3, Exhibit D - No. 18, and Exhibit E - No. 22.
Please reference replies for Exhibit C - No. 3, Exhibit D - No. 18, and Exhibit E - No. 22.
Varra Companies, Inc. correspondence of 30 June 2009 to the Colorado Office of Mined Land Reclamation 14
(Office) in reply to Office correspondence of 12 May 2009 — Heintzelman Project — M2009-018.
Varra Companies, Inc.
Office of Special Projects
8120 Gage Street Frederick, Colorado 80516 Telephone (970) 353-8310 Fax (970) 353-4047
6.4.7 Exhibit G — Water Information
29. Please specify the point at which groundwater will be exposed.
Groundwater was measured at approximately 7.0+ feet from the surface at Tracts A and B, and
approximately 28+ feet from the surface at Tract C. Soil will be removed and placed as a visual
berm along the perimeter of planned extraction areas to expose overburden and deposit material.
We anticipated groundwater will be come exposed during the extraction of the first stage of
Tract A within the first six months subsequent to on -set of extraction activities at Tract A. Since
Overburden will be removed in a side hill operation at Tract C, we do not anticipate exposure of
groundwater until a majority of the overburden has been removed over Tract C.
30. Please commit to not exposing groundwater until a well permit and temporary substitute
water supply plan are obtained from the Office of the State Engineer (SEO). Also, please
commit to providing the Division with copies of the well permit and temporary substitute waters
supply plan once approved by the SEO.
The request of the Office under Item 30 is acknowledged and agreed to by the applicant.
31. In accordance with Rule 6.4.7(2)(b), the Division requests that the Applicant characterize
the aquifer in which mining will take place. In addition, the Division also requests that the
Applicant define or predict the cone of depression for any areas to be dewatered and dry mined.
The cone of depression should define, at a minimum, the horizontal and vertical extent of
expected impacts. If the Applicant determines that a drawdown effect will occur offsite that may
impact a current groundwater user, the applicant must define any mitigation measures to be
implemented as well as the trigger points that would put mitigation measures into effect.
Please refer to the groundwater study as reported by CGRS — Joby Adams, Hydrogeologist.
32. Based upon the potential for groundwater impacts from dewatering, the Division
recommends installing additional monitoring wells. The additional monitoring wells will help to
ensure compliance with Rule 3.1.6(1), which states disturbances to the prevailing hydrologic
balance of the affected land and of the surrounding area and to the quantity or quality of water in
surface and groundwater systems both during and after the mining operation and during
reclamation shall be minimized. Also, please provide the Division with a groundwater
monitoring plan. If the Applicant chooses to install a slurry wall or clay liner, then the additional
piezometers could be used to monitor for shadow and mounding effect that may impact
surrounding groundwater users.
Please refer to the groundwater study as reported by CGRS — Joby Adams, Hydrogeologist.
Varna Companies, Inc. correspondence of 30 June 2009 to the Colorado Office of Mined Land Reclamation 15
(Office) in reply to Office correspondence of 12 May 2009 — Heintzelman Project — M2009-018.
Varra Companies, Inc.
Office of Special Projects
8120 Gage Street Frederick, Colorado 80516 Telephone (970) 353-8310 Fax (970) 353-4047
33. The applicant states that the groundwater will be pumped and discharged into the seep
ditch. Please provide the Division with consent to discharge water into this structure. If water is
discharged into a ditch that is unlined, it may be prone to erosion if the discharge rate exceeds
the carrying capacity of the ditch. The Applicant should provide the Division with specifications
as to how much water the ditch can carry without experiencing erosion.
The seep as confined to the designated permit boundary is owned and controlled by the owner of
Varra Companies, Inc., Pasquale Varra (refer to included affidavit). The seep functions as a
stable grassed waterway. A dissipater will be in place at the point of discharge to prevent
erosion of the seep banks and bed. Any peak flows within the established grassed waterway are
not anticipated to have either the volume or velocity to cause detachment or erosion beyond that
already established within the channel. Channel profile and volume determinations were
examined by our civil engineer, Brad Jones. His report is attached.
6.4.8 Exhibit II - Wildlife Information
No Office Comment.
No Office Comment - No reply.
6.4.9 Exhibit I — Soils Information
No Office Comment.
No Office Comment — No reply.
6.4.10 Exhibit J — Vegetation Information
No Office Comment.
No Office Comment — No reply.
6.4.11 Exhibit K — Climate Information
34. The Applicant states that the climate information was derived from the 1980 Weld
County Soil Survey. This data was not included in Exhibit K. Please submit a description of the
significant climatological factors for the locality.
The missing exhibit document taken from the 1980 Weld County Soil Survey is included at the
back of this submittal.
6.4.12 Exhibit L — Reclamation Costs
Vann Companies, Inc. correspondence of 30 June 2009 to the Colorado Office of Mined Land Reclamation 16
(Office) in reply to Office correspondence of 12 May 2009 — Heintzelman Project — M2009-018.
Varra Companies, Inc.
Office of Special Projects
8120 Gage Street Frederick, Colorado 80516 Telephone (970) 353-8310 Fax (970) 353-4047
35. Please see comments under Exhibit D — No. 8.
Any future structures (portable or fixed) to be established within the permit boundary will be
indicated in a future Technical Revision to the Office. The financial warranty can be adjusted to
the extent necessary at that time. Any revision will be made prior to the construction of any
fixed structures. Portable structures may be placed but will not be operational until the Technical
Revision is submitted and approved by the Office.
36. In determining the reclamation costs, the Applicant assumes that the average wall depth
will be 25± ft. The Mining Plan states that extraction activities will remove aggregate to a mean
depth of 49± ft. Please explain this discrepancy.
Part of the problem in the applicant's effort to determine warranty costs is matching expectations
with the Office and its proprietary software that it uses to establish correlated costs. The attempt
was to seek a mid point at the time of failure. Generally, the maximum point of disturbance is an
ideal warranty concern seldom attained in the field. Wall depths like areas of disturbance vary
and fall short of their maximums. It seemed reasonable to assume a mid point. We understand
and respect the concerns of the Office. The Office can utilize the entire wall depth of 49± ft
without objection.
37. In determining the reclamation costs, the Applicant has factored in a 1600± ft. additional
unreclaimed front from failed concurrent grading and reclamation. Please clarify how this figure
was arrived at.
Since the plan of extraction and reclamation involves concurrent grading and revegetation behind
the advancing front of extraction, the application assumes at the point of failure this front is
active and ungraded. The plan has two advancing fronts in the assumption, one at Tract A and
another in Tract C. The assumption was attempting some generosity in estimating ungraded
lands by providing a 50 percent additional area in the event Tract B were opened during the
initial years of operations.
38. The Applicant states that there will be an approximate area of 8.27 acres to reclaim under
default. This figure was used to determine the total area requiring vegetation. It is assumed that
this figure is based off of the area of reclaimed slopes (4800± linear feet X 75 ft. slope distance =
360,000 ft2 = 8.26 acres). Please explain why the slope area has been used to calculate the total
area for vegetation.
In general, the lands remaining above the slopes will not be affected in a manor to easily
determine the balance requiring revegetation, since the majority may be finished access around
ponds, or generally, unaffected. The primary affected land is within the areas of planned
extraction which essentially leaves in tact existing roads along ditches and attending grassed
waterways. In other words, the principle disturbance is confined essentially to the extraction
Varra Companies, Inc. correspondence of 30 June 2009 to the Colorado Office of Mined Land Reclamation 17
(Office) in reply to Office correspondence of 12 May 2009 — Heintzelman Project — M2009-018.
Varra Companies, Inc.
Office of Special Projects
8120 Gage Street Frederick, Colorado 80516 Telephone (970) 353-8310 Fax (970) 3534047
areas, leaving only the areas from the extraction limits to the pond edge for revegetation, or
essentially, the pond slopes.
39. In determining the cost to grade Tract A and C, the Applicant assumes an average push
distance of 50 ft. Please explain how this figure was arrived at.
It utilized a previous calculation by the Office of 50+ feet to estimate a cost we anticipate will be
revised by the proprietary software used by the Office to determine its own estimates. The 50+
feet, was an approximation. Since the slope distance to establish a 3H: IV slope at 25+ feet in
height is 80+ feet, a 100+ foot distance may have been a bit closer. Since the Office may want to
use a deeper mean depth or height of the advancing wall, that distance will increase. Since the
Office will plug this value into its proprietary software, we will wait for the estimates performed
by the Office to determine this value.
40. In determining the cost to dewater the pits, the Applicant assumes that 42± acres will
need to be dewatered. The Division does not concur with this assumption. The Division
calculates the cost of reclamation based off of the point of maximum disturbance. If default
were to occur when excavation on Tract A and C is complete, but before final grading had
occurred, the total area of both Tracts would have to be dewatered to complete reclamation.
Please revise the reclamation estimate accordingly.
Since the basins resulting from extraction do not form except over extended number of years, the
42+ acres for estimating a point of failure can simply be transformed to a basin limit, beyond
which will require additional warranty. For example, with a 25+ year life estimated for
extraction, Tract A may be extracted and reclaimed, qualifying for release before the other two
Tracts are completed, or any combination of completion for the Tracts, depending upon market
conditions and rate of extraction and concurrent reclamation within the individual tracts.
Regardless, the entire 105.44+ acres of water will not appear immediately but over time. If the
Office is willing, a 42± acre area appears to give sufficient room for extraction without
burdening the operation with an assumed cost that all Tracts have been extracted in year one.
With time, the warranty can be adjusted. Annual reporting and periodic inspection of the
operations by the Office should provide the necessary checks and balance to maintain adequate
warranty over the life of the operations.
In evaluating the concerns of the office, an error was observed in that only 21.0+ acres of water
was used in the actual calculations, so the sum total derived for 21.0± acres of water should be
doubled from the $ 14,740.31 reported.
6.4.13 Exhibit M — Other Permits and Licenses
No Office Comment.
Vain Companies, Inc. correspondence of 30 June 2009 to the Colorado Office of Mined Land Reclamation 18
(Office) in reply to Office correspondence of 12 May 2009 — Heintzelman Project — M2009-0 18.
Varra Companies, Inc.
Office of Special Projects
8120 Gage Street Frederick Colorado 80516 Telephone (970) 353-8310 Fax (970) 3534047
No Office Comment — No reply.
6.4.14 Exhibit N — Source of Legal Right to Enter
No Office Comment.
No Office Comment - No reply.
6.4.15 Exhibit O - Owner(s) of Record of Affected Land and Owners of Substance to be
Mined
No Office Comment.
No Office Comment - No reply.
6.4.16 Exhibit P - Municipalities Within Two Miles
No Office Comment.
No Office Comment - No reply.
6.4.17 Exhibit Q - Proof of Mailing of Notices to Board of County Commissioners and Soil
Conservation District.
No Office Comment.
No Office Comment - No reply.
6.4.18 Exhibit R - Proof of Filing with County Clerk and Recorder
No Office Comment.
No Office Comment - No reply.
6.4.19 Exhibit S - Permanent Man-made Structures
41. As required by Rule 6.4.19(a), the applicant shall 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. Only when such an agreement(s) cannot be
reached with a geotechnical evaluation be accepted in lieu of said agreement(s).
Varra Companies, Inc. correspondence of 30 June 2009 to the Colorado Office of Mined Land Reclamation 19
(Office) in reply to Office correspondence of 12 May 2009 — Heintzelman Project — M2009-018.
Varra Companies, Inc.
Office of Special Projects
8120 Gage Street Frederick, Colorado 80516 Telephone (970) 353-8310 Fax (970) 3534047
Please refer to the included signed Letters of Understanding and related notices respective of an
accompanying cover letter. No return within ten (10) days of receipt of our information packet
(including Exhibit S and related map previously submitted to the Office), indicated, no interest or
concern. One letter of concern for the integrity of the Last Chance Ditch, echoed by the Office,
is included. The concern was evaluated by CGRS and addressed in item 12 and the attending
report by CGRS. Another letter expressed concern for potential subsidence, which is addressed
in a separate correspondence from CGRS. In the light of any remaining concerns for the
integrity of adjacent structures, we believe a good faith effort has occurred to establish suitable
setbacks, engineering evaluation, and adequate planning and methodology to protect such
structures.
Also included are required proofs of publication and notification of adjacent owners of record.
Where an address error or one omission occurred, notices were resent. The omission to Noble
Energy was resent and acknowledged without a return reply to our cover letter, also included.
Attachments: Correspondence of 30 June 2009 to the Colorado Office of Mined Land
Reclamation:
1. Corrected Regular Impact (112) Permit Application Form Certification Page.
2. One copy of the area FEMA Map.
3. Exhibit K — Climate: missing exhibit attachment from Weld County Soil Survey.
4. Proofs of Publication, Notification, and accommodation with owners of Structures
located within 200 feet of `affected land.'
5. Signed Map Exhibits:
6. Signed Waivers — Wells within 600 feet of the permit boundary.
7. Two (2) signed Affidavit's.
8. Revised Exhibit C - List of Owners of Record.- Pre -Mining and Mining Plan Map.
9. Reports from CGRS of 29 June 2009 and 30 June 2009.
10. Proof of Placement of this material with the Weld County Clerk to the Board.
Varna Companies, Inc. correspondence of 30 June 2009 to the Colorado Office of Mined Land Reclamation 20
(Office) in reply to Office correspondence of 12 May 2009 — Heintzelman Project — M2009-018.
STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: (303) 866-3567
FAX: (303) 832-8106
May 12, 2009
Brad Janes
Varra Companies, Inc.
8120 Gage St.
Frederick, CO 80516
COLORADO
DIVISION OF
RECLAMATION
MINING
SAFETY
Bill Ritter, Jr.
Governor
Harris D. Sherman
Executive Director
Ronald W. Cattany
Division Director
Natural Resource Trustee
RE: Heintzelman Project (Pit 116); DRMS File No. M-2009-018; Preliminary Adequacy
Review
Dear Mr. Janes,
The Division of Reclamation, Mining and Safety has completed its preliminary adequacy review
of your 112 Construction Materials Reclamation Permit Application. The application was
received on February 26, 2009 and called complete for review on March 11, 2009. The Decision
date for this application is June 9, 2009. Please be advised that if you are unable to
satisfactorily address any concerns identified in this review before the decision date, it will
be your responsibility to request an extension of the review period. If there are outstanding
issues that have not been adequately addressed prior to the end of the review period, and
no extension has been requested, the Division will deny this application.
The review consisted of comparing the application content with specific requirements of Rule
6.1, 6.2, 6.3, and 6.5 of the Mineral Rules and Regulations of the Colorado Mined Land
Reclamation Board for the Extraction of Construction Materials. In general the application was
substantially adequate; however, as with most applications there are a few items that will require
the submittal of additional information or clarification of the existing information. Inadequacies
are identified under the respective exhibit heading along with suggested actions to correct them.
1. The Division received comments from the Colorado Historical Society, Colorado Division of
Water Resources and Army Corps of Engineers. The letters are attached for your review.
Please address the comments noted in the letters, and make any changes in the application as
necessary.
Application Form
2. The Certification Page has not been filled out completely. Please submit a replacement page
and include the year wherever the date is listed.
Office of
Mined Land Reclamation
Office of
Denver • Grand hmrtinn • Durango Arrive and Inartive Minec
6.4.1 Exhibit A — Legal Description and Location Map
No comment.
6.4.2 Exhibit B — Index Map
No comment.
6.4.3 Exhibit C — Pre -mining and Mining Plan Map(s) of Affected Lands
3. Rule 6.2.1(b) states that all maps must be signed by a professional land surveyor,
professional engineer, or other qualified person. Please submit signed copies of: Exhibit A:
Legal Description Map, Exhibit C-1: Existing Conditions Map, Exhibit C-2: Extraction Map,
Exhibit F: Reclamation Map, Exhibit I/J: Soil & Vegetation Map, and the Conveyor Route
Map.
4. Rule 6.4.3(e) requires the type of present vegetation covering the affected lands to be
portrayed on the Pre -mining or Mining Plan Maps. Please include the type of present
vegetation covering the affected lands on Exhibit I/J: Soils & Vegetation Map.
5. The Applicant states in Exhibit D that Tracts A and B are within the upper terrace of the
flood plain of St. Vrain Creek. Please depict the FEMA designated flood plain on Exhibit C-
2: Extraction Map.
6. Rule 6.4.3(g) requires the applicant to identify the owners of any significant, valuable, and
permanent man-made structures within two hundred feet of the affected land. Please provide
the owner's name with any associated structures on the Extraction Map.
7. The Extraction Map illustrates the Project Boundary and the Area Mine Boundary; please
clarify which of these boundaries corresponds to the permit boundary.
6.4.4 Exhibit D — Mining Plan
8. Please list and locate on the applicable exhibit all structures that will be constructed on the
site (i.e. plants, offices, scale -house, recycling facilities, etc.) and provide their associated
dimensions and composition in order to accurately estimate the cost for removal in the
reclamation bond estimate.
9. Specify whether explosives will be used during mining per the requirements of Rule 6.4.4(i).
10. The Mining Plan states that the pit(s) will be dewatered to accommodate dry mining. Please
describe in detail the dewatering setup. Will there be dewatering trenches? How will Tract C
be dewatered and where will the discharge point be?
11. The Mining Plan states that groundwater will be discharged into the seep ditch. Please
identify the owner(s) of the seep ditch. Also, provide consent to discharge into the seep ditch.
12. Please indicate how the seep ditch and the Last Chance Ditch will be protected during mining
operations? The Last Chance Ditch is located immediately north of the stockpile and plant
area, how will the Operator prevent material from being eroded into the structure?
13. Please specify if the visual berm will be removed upon the completion of mining.
14. The Mining Plan states that mined materials will be conveyed to the Kurtz Project plant via a
conveyor connecting the Heintzelman Project (Pit 116) to the Kurtz Project plant. The
Division has determined that the proposed conveyor route falls under the definition of
affected land, which the Construction Materials Rules define as the following:
Affected lands include but shall not be limited to private ways, roads, except those roads
excluded pursuant to this Subsection 1.1(3), and railroad lines appurtenant to any such
area; land excavations; exploration or settling ponds; work, parking, storage or waste
discharge areas; and areas in which structures, facilities, equipment, machines, tools or
other property which result from or are used in such operations situated.
Therefore, the conveyor route will need to be included into the permit area. Adding the
conveyor route to the permit area will increase the overall permitted acreage which will
require an amendment to the permit application. The Applicant may amend a permit under
consideration by the Office by filing a copy of such amendment with the Office and placing a
copy with the County Clerk and Recorder. The amendment shall constitute a new filing for
the sole purposes of determining the date for consideration of the application by the Office,
and for the deadline for a final decision of the application. Should the Applicant choose not
to include the conveyor route into the permit area, then all applicable exhibits should be
revised to reflect this change.
15. The Mining Plan states that the final slope will be 3H:1 V down to a depth of 10 feet below
the normal water level. The Applicant must demonstrate that the water will be maintained at
a certain depth or range of depth. If the Applicant is unable to demonstrate that the water
level will be constant, then the final reclaimed slope will need to be 3H:1 V for the entire
length of the slope.
16. The Mining Plan states that extraction will occur within 10 feet of non-residential structures
and within 25 feet of wellheads. The Division requires a 200 foot setback from every
permanent man-made structure unless an executed damage waiver agreement has been
submitted per Rule 6.4.19(a). If an agreement cannot be reached then an engineering
evaluation can be used to demonstrate that mining will not result in structural damage per
Rule 6.4.19(b).
17. The Mining Plan states that a fill operation will create the means for relocating oil and gas
line A. Please describe the fill operation and specify where oil and gas line A will be
relocated. Also, clarify which oil and gas lines correspond to the letter designations A, B, and
C.
18. Please indicate if the Applicant has an agreement in place with the owner of the oil and gas
lines to relocate these structures. If an agreement has not been reached, the Applicant may
file a Technical Revision to address the relocation of the oil and gas lines when an agreement
has been finalized. Without an actual agreement in place, the Reclamation Plan must reflect
reclamation with the oil and gas lines in place. The Reclamation Plan Map that was
submitted could be used as an alternate plan if an agreement to relocate the oil and gas lines
is reached. Please revise the Reclamation Plan accordingly.
19. The Mining Plan states that an advancing 1600+ foot extraction front will be comprised of
side slopes nearly 400 linear feet at 1.25H:1 V along each side of an 800 foot advancing wall.
Please clarify if the extraction front will be 1600 ft or 800ft. Also, specify if the extraction
front will be comprised of a vertical highwall.
20. The Mining Plan states that it is anticipated that Tract B will be mined after Tract A. Please
clarify if Tract C will be mined concurrently with Tract A. Also, specify at what point Tract
C-2 will be mined as well as the point at which the plant/stockpile area will be mined.
21. Please describe all haul roads that will be utilized for the mining operation. Provide the
dimensions of all haul roads and specify if they are to remain upon the completion of mining.
22. Rule 3.1.6(1) states that disturbances to the quantity and quality of water in surface and
groundwater systems shall be minimized. Please describe the protection measures that will be
used to ensure that spills of asphalt and/or concrete material will not contaminate the surface
or ground water. Will concrete trucks be washed out on site? If so, what measures will be
taken to contain the wash water?
6.4.5 Exhibit E — Reclamation Plan
23. The Applicant states that the post -mining land use will include industrial/commercial,
general agriculture, and residential. Rule 6.4.5(b) states in those instances where the post -
mining land use is for industrial, residential, or commercial purposes, appropriate evidence
supporting such reasonable assurance shall be submitted. Please provide the Division with a
Weld County zoning map, which demonstrates that the proposed post -mining land uses are
allowed.
24. Please locate the area to be developed for commercial/industrial and residential uses on the
Reclamation Plan Map.
25. The Applicant states in Exhibit G that the pits will be lined upon the completion of mining.
There is no mention of lining the pits anywhere else in the permit application. Please clarify
if the pits will be lined or unlined. If they are to be lined, please provide the Division with
details on how and when the pit will be lined. Also, describe how the drawdown of the pits
and any associated shadow and mounding effect will impact surrounding well users and/or
any activities that rely on groundwater in the vicinity of the site.
26. The Reclamation Plan does not indicate where the inlet and outlet facilities will be located.
Please provide the Division with the general location of these structures and identify them on
the Reclamation Plan Map. Also, provide the Division with design specifications of any inlet
and outlet facilities. If the location of these structures needs to be changed in the future, it can
be done through a Technical Revision to the permit.
27. The Reclamation Plan includes a backfill notice and affidavit certifying that the material is
clean and inert. Please specify the areas that will backfilled. Will buildings or other structures
be constructed on backfill areas? If so, how will the material be placed and stabilized to
prevent settling and voids?
6.4.6 Exhibit F — Reclamation Plan Map
28. See comments under Exhibit C — No. 3, Exhibit D — No. 18, and Exhibit E — No. 22.
6.4.7 Exhibit G — Water Information
29. Please specify the point at which groundwater will be exposed.
30. Please commit to not exposing groundwater until a well permit and temporary substitute
water supply plan are obtained from the Office of the State Engineer (SEO). Also, please
commit to providing the Division with copies of the well permit and temporary substitute
waters supply plan once approved by the SEO.
31. In accordance with Rule 6.4.7(2)(b), the Division requests that the Applicant characterize the
aquifer in which mining will take place. In addition, the Division also requests that the
Applicant define or predict the cone of depression for any areas to be dewatered and dry
mined. The cone of depression should define, at a minimum, the horizontal and vertical
extent of expected impacts. If the Applicant determines that a drawdown effect will occur
offsite that may impact a current groundwater user, the applicant must define any mitigation
measures to be implemented as well as the trigger points that would put mitigation measures
into effect.
32. Based upon the potential for groundwater impacts from dewatering, the Division
recommends installing additional monitoring wells. The additional monitoring wells will
help to ensure compliance with Rule 3.1.6(1), which states disturbances to the prevailing
hydrologic balance of the affected land and of the surrounding area and to the quantity or
quality of water in surface and groundwater systems both during and after the mining
operation and during reclamation shall be minimized. Also, please provide the Division with
a groundwater monitoring plan. If the Applicant chooses to install a slurry wall or clay liner,
then the additional piezometers could be used to monitor for shadow and mounding effect
that may impact surrounding groundwater users.
33. The Applicant states that the groundwater will be pumped and discharged into the seep ditch.
Please provide the Division with consent to discharge water into this structure. If water is
discharged into a ditch that is unlined, it may be prone to erosion if the discharge rate
exceeds the carrying capacity of the ditch. The Applicant should provide the Division with
specifications as to how much water the ditch can carry without experiencing erosion.
6.4.8 Exhibit H — Wildlife Information
No comment.
6.4.9 Exhibit I — Soils Information
No comment.
6.4.10 Exhibit J — Vegetation Information
No comment.
6.4.11 Exhibit K — Climate Information
34. The Applicant states that the climate information was derived from the 1980 Weld County
Soil Survey, this data was not included in Exhibit K. Please submit a description of the
significant climatological factors for the locality.
6.4.12 Exhibit L — Reclamation Costs
35. Please see comments under Exhibit D — No. 8.
36. In determining the reclamation costs, the Applicant assumes that the average wall depth will
be 25+ ft. The Mining Plan states that extraction activities will remove aggregate to a mean
depth of 49± ft. Please explain this discrepancy.
37. In determining the reclamation costs, the Applicant has factored in a 1600+ ft. additional
unreclaimed front from failed concurrent grading and reclamation. Please clarify how this
figure was arrived at.
38. The Applicant states that there will be an approximate area of 8.27 acres to reclaim under
default. This figure was used to determine the total area requiring vegetation. It is assumed
that this figure is based off of the area of reclaimed slopes (4800+ linear feet X 75± ft. slope
distance = 360,000ft2 = 8.26 acres). Please explain why the slope area has been used to
calculate the total area for vegetation.
39. In determining the cost to grade Tract A and C, the Applicant assumes an average push
distance of 50ft. Please explain how this figure was arrived at.
40. In determining the cost to dewater the pits, the Applicant assumes that 42± acres will need to
be dewatered. The Division does not concur with this assumption. The Division calculates
the cost of reclamation based off of the point of maximum disturbance. If default were to
occur when excavation on Tract A and C is complete, but before final grading had occurred,
the total area of both Tracts would have to be dewatered to complete reclamation. Please
revise the reclamation estimate accordingly.
6.4.13 Exhibit M — Other Permits and Licenses
No comment.
6.4.14 Exhibit N — Source of Legal Right to Enter
No comment.
6.4.15 Exhibit O — Owner(s) of Record of Affected Land and Owners of Substance
to be Mined
No comment.
6.4.16 Exhibit P — Municipalities Within Two Miles
No comment.
6.4.17 Exhibit Q — Proof of Mailing of Notices to Board of County Commissioners
and Soil Conservation District
No comment.
6.4.18 Exhibit R — Proof of Filing with County Clerk and Recorder
No comment.
6.4.19 Exhibit S — Permanent Man-made Structures
41. As required by Rule 6.4.19(a), the applicant shall 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. Only when such an agreement(s) cannot be
reached will a geotechnical evaluation be accepted in lieu of said agreement(s).
This concludes the Division's preliminary adequacy review of this application. Please remember
that the decision date for this application is June 9, 2009. As previously mentioned, if you are
unable to provide satisfactory responses to any inadequacies prior to this date, it will be your
responsibility to request an extension of time to allow for continued review of this
application. If there are still unresolved issues when the decision date arrives and no extension
has been requested, the application will be denied.
If you have any questions, please contact me at (303)866-3567 x8116.
Sincerely,
Michael A. Cutlningham
Environmental Protection Specialist
Enclosure(s)
CC: Tony Waldron, DRMS
€l OFFICE of ARCHAEOLOGY and HISTORIC PRESERVATION
March 18, 2009
Michael A. Cunningham
Environmental Projection Specialist
Division of Reclamation, Mining, & Safety
1313 Sherman Street, Rm. 215
Denver, CO 80203
Jh�✓li'cs c•; `�`ci=mation,
ffig and Safety
Re: Vaasa Companies, Inc., Heintzelman Project (Pit 116) (File No. M-2009-018) (CHS # 54416)
Dear Mr. Cunningham:
Thank you for your correspondence dated March 11, 2009 (received by our office on March 16, 2009)
regarding the subject project.
A search of the Colorado Cultural Resource Inventory database indicated that no cultural resource
inventories have taken place in the vicinity of the proposed permit area and no historic properties have
been recorded therein. However, our files contain incomplete information for this area, as most of
Colorado has not yet been inventoried for cultural resources. As a result, there is the possibility that as
yet unidentified cultural resources exist within the proposed permit area.
Should human remains be discovered during mining activities, the requirements under State law CRS
24-80 part 13 apply and must be followed.
Thank you for the opportunity to comment. If we may be of further assistance, please contact Shina
duVall, Section 106 Compliance Manager, at (303) 866-4674 or shina.duvall@chs.state.co.us.
Sincerely,
Edward C. Nichols
State Historic Preservation Officer
ECN/SAD
COLORADO HISTORICAL SOCIET
1300 BROADWAY DENVER COLORADO 80203 TEL 303/866-3395 FAX 303/866-2711 www.coloradohistory-oahp_org
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS, OMAHA DISTRICT
DENVER REGULATORY OFFICE, 9307 S. Wadsworth Boulevard
LITTLETON, COLORADO 80128-6901
March 16, 2009
Mr. Michael Cunningham
Division of Reclamation, Mining and Safety
Department of Natural Resources
1313 Sherman St., Room 215
Denver, CO 80203
dation,
Mo v:n; and Safety
RE: Varra Companies, Inc., Heintzelman Project (Pit 116), File No. M-2009-018
Corps File No. 200680392
Dear Mr. Cunningham:
Reference is made to the above -mentioned project located in the east %z of Section 32, T3N,
R67W, Weld County, Colorado. See the attached copy of my July 25, 2006 letter to Mr. Brad Janes.
This project has been reviewed by Mr. Terry McKee of my office in accordance with Section
404 of the Clean Water Act under which the U.S. Army Corps of Engineers regulates the discharge of
dredged and fill material, and any excavation activity associated with a dredge and fill project in waters
of the United States.
Based on the information provided, a Department of the Army (DA) Permit will not be required
for work at this site. Although a DA Permit will not be required for the project, this does not eliminate
the requirement that other applicable federal, state, and local permits be obtained as needed:
If any work is proposed, which will result in the placement of dredged or fill material, either
temporary or permanent, in the Seep Ditch or the Last Chance Ditch, this office should be notified by a
proponent of the project for Department of the Army permits or changes in permit requirements pursuant
to Section 404 of the Clean Water Act.
If there are any questions call Mr. Terry McKee of my office at (303) 979-4120 and reference
Corps File No. 200680392.
tm
enclosure
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WATER RESOURCES
Response to Reclamation Permit Application Consideration
DATE: March 16, 2009
TO: Michael A. Cunningham, Environmental Protection Specialist
CC: Division 1 Office, District 5 Water Commissioner
FROM: loana Comaniciu, P.E.
RE: Heintzelman Project (Pit 116), File No. M-2009-018
Operator: Christopher L. Varra, Varra Companies, Inc., (303)-666-6657
Contact: Bradford Janes, Varra Companies, Inc., (970)-353-8310
Sec 32, Twp. 3 North, Rng. 67 West, 6th P.M., Weld County
Bill Ritter, Jr.
Governor
Harris D. Sherman
Executive Director
Dick Wolfe, P.E.
Director
RECEIVED
MAR i r
Diail0r9 OT Kel:1J(Itauv::.,
Tahting and Safety
CONDITIONS FOR APPROVAL
❑ The proposed operation does not anticipate exposing groundwater. Therefore, exposure of ground
water must not occur during or after mining operations.
® The proposed operation will still consume ground water by: ® evaporation, E dust control,
reclamation, Z water removed in the mined product, ® processing, ® other: dewatering.
Prior to initiation of these uses of ground water, the applicant will need to obtain either a gravel pit or
other type of well permit, as applicable. However, prior to obtaining a permit, an approved water supply
plan or decreed plan for augmentation is required. Our records show that a well permit application and
associated temporary substitute water supply plan have not been submitted to the State Engineer's
Office.
• Prior to approving a well permit, the applicant must conduct a field inspection of the site and document
the locations of all wells within 600 feet of the permit area. The applicant must then obtain a waiver of
objection from all well owners with wells within 600 feet of the permit area or request a hearing before
the State Engineer.
❑ The applicant has indicated plans to use other water for purposes at the permit site. The source
of water for this use is to be obtained from . Applicant needs to document that this water was
diverted in priority under a water right decreed for such industrial use. Applicant should contact the
water commissioner for further information
❑ The applicant has not identified any proposed use of water at the permit site. If water will be used for
any purpose at this site, the applicant will need to document that the water was obtained from a legal
source, or the water was diverted in priority under a water right decreed for such industrial use.
COMMENTS: If stormwater runoff is intercepted by this operation and is not diverted or captured in priority, it
must be released to the stream system within 72 hours. This may require a discharge permit from CDPHE-
WQCD. Otherwise, the operator will need to make replacements for evaporation.
Office of the State Engineer
1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303-866-3581 • Fax: 303-866-3589
www.water.state.co.us
-8 -
Certification:
As an authorized representative of the applicant, thereby 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-I 15(4)(e), C.R.S.).
2. No mining operation will be located on lands where such operations am 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 34-32.5-112,CRS., of the Colorado Land
Reclamation Ad for the Extraction of Construction Material. 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 nafhowt
a permit pursuant to section 34-32.5-123, CR.S.
Signed and dated this C)3 — day of Fr 17 -.-ti-/ ,Pecci
Ilo-t'f 0k Ltn,D0-r eS,1Th
Applicant/Operator or ComaniName
Title: WeS! den 1
State of 0.C.diOr (`;
County of -e I t' /
) ss.
If Corporation Attest (Seal)
Signed
The foregoing instrument was acknowledged before me this 9 — day of
by L ht-- VOA- (a as cost de'iri
Co t; rate Secretary or Equivalent
Town/City/County Clerk
Notary Public
My Commission expires: /0/'37/.�
SIGNATURES MUST BE IN BLUE INK
M:MinWve\vcfonm\Caev`uction I12,doc (Approved 05/11/2005)
Affidavit of Publication
NOTICE
Varra CompaniesInc (510haageS4Frpplicati nCO,fo a80516,
Telephone: .303166,6 -Haas edan n cn for Permit
Regu-
lar l (112) Colorado'
in d Land
Operation BardReclamation nprovi-
sion ofthel Color Iolua declReclamationtiot for Boardunderprovi-
sions Mateals. Theproposed
mine (snown as
of
He,n zelman Poject, fnTheeocatedatlmineishnown e -Eat the
theirstmalnf of S1ecran 3. ownshp 3 near IhanestHalf st.
thh East df County,
Colorado6th..:
The proposed date of commencement is 1 July 2009, and the
proposed date of. comp(etion'is 1 July 2039" The. proposed fu-
ture use of the land Smixedragriculture, residential; commercial
and industrial: Additional information and-entative decision date
may be obtained from the Division of,Reclamabon,, Min ng, and..
Safety (131'3 Sherman St.,- Rgom'215 Denver, CO -80203, Tele-
phone 303-866;3567), or at the Weld CountyClerlcto-the'Board
(915 10th Street, 3rd Floor, Groeleg,Colorado. 80632),' or the
above named applicants r'
Comments,must be in wntmg;and"must.be received b)cttifeolvl-
'w' of Reclamation Mining and Safety by40 EodMon
day27Apnl2009: ut. S ' wYS�a, M'-wrArie". I
The Tribune
March 1] 24 31i,Apnl7 2009:
STATE OF COLORADO
County of Weld,
Jennifer Usher
SS.
of said County of Weld, being duly sworn, say that I am an
advertising clerk of
THE TRIBUNE
that the same is a daily newspaper of general circulation and
printed and published in the City of Greeley, in said county and
state; that the notice or advertisement, of which the annexed is a
true copy, (days): that the notice was published in the regular and
entire issue of every number of said newspaper during the period
and time of publication of said notice, and in the newspaper
proper and not in a supplement thereof; that the first publication
of said notice was contained in the, issue of the said newspaper -
bearing date the Seventeenth day of March
AD. 2009 and the last publication thereof: in the issue of said
newspaper bearing date the Seventh day of April
AD. 2009 that said The Tribune has been published
continuously and uninterruptedly during the period of at least six
months next prior to the first issue there of contained said notice
or advertisement above referred to; that said newspaper has been
admitted to the United States mails as second-class matter under
the provisions of the Act of March 3, 1879, or any amendments
thereof; and that said newspaper is a daily newspaper duly
qualified for publishing legal notices and advertisements within
the meaning of the laws of the State of Colorado.
March 17, 24, 31 April 7, 2009
Total Charges: $ 152.00
7th day of April 2009
My Commission Expires 06/14/201
Notary P ,blic
Varra Companies, Inc.
Office of Special Projects
8120 Gage Street Frederick, Colorado 80516 Telephone (970) 353-8310 Fax (970) 353-4047
Wednesday 18 March 2009
To: Adjacent Surface Owner of Record
Subject: PUBLIC NOTICE: Varra Companies, Inc. - Heintzelman Project - Regular Impact
(112) Permit Application.
Contact: Varra Companies, Inc.
8120 Gage Street
Frederick, Colorado 80516
Telephone: 303-666-6657
FAX: 303-666-6743
e -Mail: dpodel@varracompanies.com
The following Public Notice will appear in the Greeley, Tribune for four (4) consecutive weeks,
commencing Tuesday 17 March 2009, as shown below. You have received a copy of this Notice as
required by Colorado Mined Land Rules and Regulations. All lands having a valuable mineral
resource must be extracted prior to development. All extracted lands must also be reclaimed. These
lands will be reclaimed to a mixed use of agriculture, water resources, residential, commercial and
industrial uses that will complement the surrounding lands. If you have any questions or concerns,
please feel free to contact us as detailed above, and ask for Garrett C. Varra, Vice President of
Operations. Thank -you.
PUBLIC NOTICE
Varra Companies, Inc. (8120 Gage St., Frederick, CO, 80516, Telephone: 303-666-6657), has filed an
application for a Regular (112) Construction Materials Operation Reclamation Permit with the
Colorado Mined Land Reclamation Board under provisions of the Colorado Land Reclamation Act for
the Extraction of Construction Materials. The proposed mine is known as the Heintzelman Project,
and is located at or near the East Half of the East Half of Section 32, Township 3 North, Range 67
West, 6`h P.M.; Weld County, Colorado.
The proposed date of commencement is 1 July 2009, and the proposed date of completion is 1 July
2039. The proposed future use of the land is mixed agriculture, residential, commercial and
industrial. Additional information and tentative decision date may be obtained from the Division of
Reclamation, Mining, and Safety (1313 Sherman St., Room 215, Denver, CO 80203, Telephone 303-866-
3567), or at the Weld County Clerk to the Board (915 10th Street, 3rd Floor, Greeley, Colorado 80632),
or the above -named applicant.
Comments must be in writing and must be received by the Division of Reclamation, Mining, and
Safety by 4:00 P.M. on Monday 27 April 2009.
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Longmont, CO 80502
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1. Article Addressed to:
St. Vrain Sanitation District
436 Coffman
Longmont, Colorado S0501
2. Article Number
(Transfer from service label)
7O06 2150 0002 0813 1699
A. Signature
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C. Date of Delivery
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PS Form 3811, February 2004 Domestic Return Receipt
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Frederick, Colorado 80516
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or on the front if space permit.
1. Article Addressed to:
Xcel Energy - ATTN: Doug Dalton
Right -of -Way Department
1500 6th Avenue
Greeley, Colorado 80632
I 2. Article Number
(Transfer from service label)
PS Form 3811, February 2004
A. Signature
X
B. Received by (Printed Name)
❑ Agent
❑ Addressee
C. Date of Delivery
D. Is delivery address different from item 1? O Yes
If YES, enter delivery address below: O No
3. Service Type
IA Certified Mail
❑ Registered
❑ Insured Mail
4. Restricted Delivery? (Extra Fee)
❑ Express Mail
❑ Return Receipt for Merchandise
❑ C.O.D.
7006 2150 0002 081 3 1613
Domestic Return Receipt
• Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
• Print your name and address on the reverse
so that we can return the card to you.
• Attach this card to the back of the mailpiece,
or on the front if space permits.
I. Article Addressed to:
Homestead at Firestone LLC
4068 Camelot Circle
Longmont, Colorado
80504-3697
2. Article Number
(Transfer from service label)
PS Form 3811, February 2004 Domestic Return Receipt
A. Signature
X
B. Received by (Printed Name)
O Yes
102595.03W540:.
❑ Agent
❑ Addressee '
C. Date of Delivery
D. Is delivery address different from item 1? O Yes
If YES, enter delivery address below O No
Service Type
El Certified Mail
O Registered
❑ Insured Mail
❑ Express Mail
❑ Return Receipt for Merchandise
❑ C.O.D.
4. Restricted Delivery? (Extra Fee)
7006 2150 0002 0813 1590
102595-02-M-154;
8120 Gage Street
Wednesday 18 March 2009
Varra Companies
Office of Special Pro]
St.Vrain Sanitation District
Rob Fleck
District Engineering/Project Manager
Frederick, Colorado 80516 Telephone
Phone
Direct
Fax:
To: Adjacent Surface Owner of Record
Subject: PUBLIC NOTICE: Varra Companies, Inc
(112) Permit Application.
Contact: Varra Companies, Inc.
8120 Gage Street
Frederick, Colorado 80516
Telephone: 303-666-6657
FAX: 303-666-6743
e -Mail:
dpodel@varracompanies.com
11307 Business Park Circle
Firestone, CO 80504
Email: rob@stsamcom
(303) 776-9570
(303) 682-4681
(303) 485-1968
61?U 3) V) to
Heintzelman Project - Regular Impact
The following Public Notice will appear in the Greeley, Tribune for four (4) consecutive weeks
commencing Tuesday 17 March 2009 as shown below. You have received a copy of this Notice as
required by Colorado Mined Land Rules and Regulations. All lands having a valuable mineral resource
must be extracted prior to development. All extracted lands must also be reclaimed. These lands will be
reclaimed to a mixed use of agriculture, water resources, residential, commercial and industrial uses that
will complement the surrounding lands. If you have any questions or concerns, please feel free to contact
us as detailed above, and ask for Garrett C. Varra, Vice President of Operations. Thank -you.
PUBLIC NOTICE
Varra Companies, Inc. (8120 Gage St., Frederick, CO, 80516, Telephone: 303-666-6657), has filed an
application for a Regular (112) Construction Materials Operation Reclamation Permit with the Colorado
Mined Land Reclamation Board under provisions of the Colorado Land Reclamation Act for the Extraction
of Construction Materials. The proposed mine is known as the Heintzelman Project, and is located at or
near the East Half of the East Half of Section 32, Township 3 North, Range 67 West, 6th P.M.; Weld
County, Colorado.
The proposed date of commencement
The proposed future use of the land
Additional information and tentative
Mining, and Safety (1313 Sherman St.,
Weld County Clerk to the Board (915
applicant.
is 1 July 2009, and the proposed date of completion is 1 July 2039.
is mixed agriculture, residential, commercial and industrial.
decision date may be obtained from the Division of Reclamation,
Room 215, Denver, CO 80203, Telephone 303-866-3567), or at the
10°i Street, 3`d Floor, Greeley, Colorado 80632), or the above -named
Comments must be in writing and must be received by the Division of Reclamation, Mining, and Safety by 4:00
P.M. on Monday 27 April 2009.
Your signature below evidences ree
otice after two attempts by certified — return receipt mail failed:
411O°7
ReceiVe by / n
Saint Vrain Sanitation District ,Se e zok ce r, - ac/drem
1
►�i
St. Vrain
SANI TATI ON
DISTRICT
April 21, 2009
Division of Reclamation, Mining and Safety
1313 Sherman Street
Room 215
Denver, Colorado 80203
Phone (303) 866-3567
Regarding: Heintzelman Project located at or near the East Half of the
East Half of Section 32, Township 3 North, Range 67 West,
6th P.M. Weld County Colorado.
Dear Mr. Janes,
I have been contact by Mr. Garrett Varra, Vice President of Operations
Varra Companies, Inc, in regards to a permit for reclamation. I
understand that there was an address issue and that is the reason St.
Vrain Sanitation District did not receive a referral notice. Mr. Varra
has made contact with St. Vrain on the matter and upon our
discussions, it was realized that in the future, a sewer interceptor was
tentatively planned to cross the land parcel in Section 32. Upon
discussion and meeting on site with Mr. Varra, two alignments through
the property can work in the future in which both parties can
accomplish their respective goals. I have attached an exhibit for your
reference. At the time of construction, easement negotiations will
finalize the sewer alignment. The time for construction is unknown at
this time and is dependent on development growth.
Please feel free to contact me with any questions you may have at
303-682-4681.
Since
Robert Fleck
District Engineering / Project Manager
St. Vrain Sanitation District
Page 1 of 1
Bradford Janes
From: <GCVARRAVCI@aol.com>
To: <Bljforester@msn.com>
Sent: Wednesday, March 25, 2009 3:35 PM
Subject: Fwd: WCR 26 Owner Information
Brad, Here is the names of the new owners of the house on WCR 26, formerly owned by the Rhoades'.
--Garrett
From: Ijohnson@landpros.net
To: gcvarravci@aol.com
Sent: 3/25/2009 3:25:39 P.M. Mountain Daylight Time
Subj: WCR 26 Owner Information
Garrett, we were asked to let you know the new owners at the property:
7750 WCR 26, Longmont, CO 80504
Previous Owner: Harold R. Rhoades
New Owner: Brian E. and Lisa A. Chapman
Thank you,
Laurel Johnson
LANDPRO
303-772-1164 (office)
303-772-1286 (fax)
Feeling the pinch at the grocery store? Make dinner for $10 or less.
3/26/2009
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Identify Results
Page 1 of l
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account*: R3774905
Parcel#: 131104201002
Tax Area: 3447
Acres: 158.34
Township Range Section Quart. Sec.
02-67-04-2
Bordering County:
Subdivison Name Block# Lot#
HOMESTEAD AT FIRESTONE - - 2
Owners Name & Address:
HOMESTEAD AT FIRESTONE LLC
4075 CAMELOT CR STE 200
LONGMONT, CO 80504
Property Address:
Street: FIRESTONE
City: FIRESTONE
Business/Complex:
Sale Date
Sale Price
$0
Sales Summary
Deed Type
Reception #
Legal Description
FIR HSH (HOMESTEAD AT FIRESTONE NO 5 ANNEX) THAT PT LOT 2 LYING N OF E/W CENTER LINE (4.14R) SITUS: FIRESTONE
80520
Land Type
Agricultural
Agricultural
Agricultural
Agricultural
Agricultural
Agricultural
Land Subtotal:
Abst Code
4117
4117
4117
4137
4147
4147
Land Valuation Summary
Unit of Number of
Measure Units
Acres 69.96
Acres 11.39
Acres 22.77
Acres 11.66
Acres 24.38
Acres 18.18
Actual Value
Assessed
Value
158.34 $40,868 $11,850
No Buildings on Parcel
http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=13110... 3/26/2009
Varra Companies, Inc.
OFFICE OF SPECIAL PROJECTS
8120 Gage Street Frederick, CO 80516 Telephone (303) 666-6657 Fax (303) 666-6743
Friday 8 May 2009
Noble Energy Production, Inc.
ATTN: Laura White
1625 Broadway, Ste. 2000
Longmont, CO 80504
Subject: Varra Companies, Inc. — Heintzelman Project — located in the E/2,E/2;
S32; T3N; R76W; 6th P.M.; Weld County, CO.
Enclosed, please find two separate documents for your attention. We regret the
imposition on your time, however, we have included two different 'Statement of
Understanding' documents; and ask that you sign, date and return them in the self-
addressed stamped envelope provided.
The first 'Statement,' pertains to an oversight on our part to inform you of the submittal
of our permit application to the Colorado Division of Reclamation Mining and Safety for
the extraction of sand and gravel. Your facilities are not located within our permit
boundary but are located on adjacent lands and approximately 100± feet from planned
extraction activity; and therefore require notification by us to your organization within a
certain time period of publication. The enclosures should provide the necessary details.
While we trust you will not object to our planned operations, we are providing you this
notification and waiving the previous 27 April 2009 time limit for you to object, if you so
desire, as long as your objections are received by the Division prior to the 9 June 2009
Decision Date. If you have any concerns, naturally, we hope you will contact us first
and afford us an opportunity to address them, or otherwise clarify our planned activities
and assure you of the integrity of our planned activity.
Also enclosed, please find information pertaining to a 'Statement of Understanding'
regarding any significant, valuable and permanent man-made structures located within
200 hundred feet of our planned activity and affected land within our proposed permit
boundary. Please review the documents and if you are willing, sign, date and return
both signature pages in the self addressed stamped envelope provided.
Naturally, should you need additional information or clarification, please feel free to
contact us at any time. Your contact person is our Vice -President of Operations, Garrett
C. Varra. He may be reached at the telephone number or address located above on the
1
Varra Companies, Inc.
OFFICE OF SPECIAL PROJECTS
8120 Gage Street Frederick, CO 80516 Telephone (303) 666-6657 Fax (303) 666-6743
letterhead. You are also welcomed to contact me directly at the e -Mail address or
telephone number, below.
Thank -you most sincerely for your understanding, time and kind consideration.
Respectfully,
Varra Companies, Inc.
Bradford Janes
Professional Forester
bljforester@Jmsn.com
desk: 970-353-8310
2
Varra Companies, Inc.
Office of Special Projects
8120 Gage Street Frederick, Colorado 80516 Telephone (970) 353-8310 Fax (970) 353-4047
Tuesday 5 May 2009
To: Adjacent Surface Owner of Record
Subject: Statement of Understanding regarding significant, valuable and permanent man-made
structures located within 200 feet of planned extraction activities for Varra Companies, Inc.
- Heintzelman Project - Regular Impact (112) Permit Application M-2009-018.
Contact: Varra Companies, Inc.
8120 Gage Street
Frederick, Colorado 80516
Dear Property Owner:
Varra Companies, Inc. (8120 Gage St., Frederick, CO, 80516, Telephone: 303-666-6657), plans to conduct
extraction activity over a parcel of land identified as the Heintzelman Project, and is located at or near the East
Half of the East Half of Section 32, Township 3 North, Range 67 West, 6`h P.M.; Weld County, Colorado.
You have received this notice because we believe you are the owner of one or more significant, valuable and
permanent man-made structures located within two hundred (200) feet of the planned extraction and related
affected land. A qualified man-made structure may include a fence, a residence or out building, a road, utility, or
other significant, valuable and permanent man-made structure.
As the owner of a qualified man-made structure located within 200 feet of our planned extraction activity, the
Colorado Division of Reclamation, Mining and Safety requests we provide evidence of our efforts to protect
such structures from injury during the planned extraction activities.
Enclosed, please find one copy of our Stability Analysis Report, as included in our permit application with the
Colorado Division of Reclamation, Mining and Safety. The report indicates that planned extraction activities
are not expected to adversely impact adjacent qualified man-made .
Also included is a map showing the approximate area of land affected under our planned extraction activities,
our permit area and the relationship of your property and any included qualified man-made structures which
may occur within 200 feet of lands affected within our permit boundary. A line showing the approximate
extent 200 feet from our permit boundary is shown for your reference.
You may review the complete permit application at the Division of Reclamation, Mining, and Safety (1313
Sherman St., Room 215, Denver, CO 80203, Telephone 303-866-3567), or at the Weld County Clerk to the Board
(915 10th Street, 3`d Floor, Greeley, Colorado 80632), or at our corporate headquarters in Frederick, above.
Please review the included Map and Stability Analysis Report, and if you agree that activities will not impact
your qualified structures, verify this understanding by your signature, below. Please return it to us in the
enclosed self-addressed stamped envelope. Letters not returned to us within ten (10) days of your receipt of
this notice will act as evidence of your approval as well.
Please submit any objections in writing to our Gage Street Office within 10 days of receipt of this
correspondence. If you have any questions or concerns about our planned activities and your structures we want
to discuss them with you. You are encouraged and welcomed to contact us as soon as possible at our Gage
Street Office at the telephone number, above. Please ask for Garrett C. Varra, Vice President of Operations.
1
Varra Companies, Inc.
Office of Special Projects
8120 Gage Street Frederick, Colorado 80516 Telephone (970) 353-8310 Fax (970) 353-4047
Statement of Understanding
Landowner of Adjacent Structure Statement: Our signature below testifies we have been
provided with and opportunity to review
1) a Stability Analysis Report pertaining to the proposed Heintzelman Permit Application M-
2009-018; and,
2) a Map showing the approximate relationship of our property and the potential for any
qualified significant, valuable and permanent man-made structure(s), which may occur
within 200 feet of lands affected within the proposed Heintzelman Permit Application M-2009-
018.
Upon review of the included materials; a copy of which will be included along with this Statement of
Understanding to the Colorado Division of Reclamation, Mining and Safety;
And understanding the relationship of any significant, valuable and permanent man-made structures
under our ownership and which may stand within 200 feet of lands affected within the proposed
Heintzelman Permit Application M-2009-018;
Further, by our signatures, we concur that planned activities detailed in the application for
permit M-2009-018 do not threaten our qualified significant, valuable and permanent adjacent
man-made structures.
20099
Signature of Adjacent Landowner Date
Print Name
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E't90 2000 OE'I2 900L
Richard N. Lyons, II
Jeffrey J. Kahn
John W. Gaddis
Bradley A. Hall
Steven P. Jeffers
Anton V. Dworak
Adele L. Reester
Daniel F. Bernard
Senior Counsel
Varra Companies, Inc.
8120 Gage Street
Frederick, CO 80516
Bernard Lyons Gaddis & Kahn
A Professional Corporation
Attorneys and Counselors
May 13, 2009
Re: Statement of Understanding - Heintzelman Project
Eve L Canfield
Scott E. Holwick
Matthew Machado
Madoline Wallace -Gross
Chad A. Kupper
Catherine A. Tallerico
Special Counsel
ORIGINAL VIA REGULAR MAIL
This firm represents St. Vrain Valley Ranch, LLC. We received your Thursday May 7th letter
requesting any objections to the plan for extraction near our client's property. Unfortunately, without
further information we are not able to sign the Statement of understanding that you are requesting.
Specifically, my client is concerned that there has not been enough information disclosed to him
insuring that there will not be damage to the Last Chance Ditch that he uses and passes through his
property. A specific opinion that this structure will not be damaged or impaired in any way, would be
appreciated.
Sincerely,
BERNARD LYONS GADDIS & KAHN, PC
AVD/cgw
cc: client
Anton V. Dworak
adworak@blglaw.com
515 Kimbark Street • Second Floor • P.O. Box 978 • Longmont, CO 80502-0978
Phone: 303-776-9900 • Fax: 303-413-1003 • www.blglaw.com
fN
Varra Companies, Inc.
Office of Special Projects
8120 Gaae Street Frederick, Colorado 80516 Telephone (970) 353-8310 Fax (970) 353-4047
Statement of Understanding
Landowner of Adjacent Structure Statement: Our signature below testifies we have been
provided with and opportunity to review
1) a Stability Analysis Report pertaining to the proposed Heintzelman Permit Application M-
2009-018; and,
2) a Map showing the approximate relationship of our property and the potential for any
qualified significant, valuable and permanent man-made structure(s), which may occur
within 200 feet of lands affected within the proposed Heintzelman Permit Application M-2009-
018.
Upon review of the included materials; a copy of which will be included along with this Statement of
Understanding to the Colorado Division of Reclamation, Mining and Safety;
And understanding the relationship of any significant, valuable and permanent man-made structures
under our ownership and which may stand within 200 feet of lands affected within the proposed
Heintzelman Permit Application M-2009-018;
Further, by our signatures, we concur that planned activities detailed in the application for
permit M-2009-018 do not threaten our qualified significant, valuable and permanent adjacent
man-made structures.
drd-tu/
MCA/ /(-2 ,2009
Sign re o djacent Landowner Date
a,5qucie 2-� (A
Print Na
e
2
Varra Companies, Inc.
Office of Special Projects
8120 Gage Street Frederick, Colorado 80516 Telephone (970) 353-8310 Fax (970) 353-4047
Statement of Understanding
Landowner of Adjacent Structure Statement: Our signature below testifies we have been
provided with and opportunity to review
I) a Stability Analysis Report pertaining to the proposed Heintzelman Permit Application M-
2009-018; and,
2) a Map showing the approximate relationship of our property and the potential for any
qualified significant, valuable and permanent man-made structure(s), which may occur
within 200 feet of lands affected within the proposed Heintzelman Permit Application M-2009-
018.
Upon review of the included materials; a copy of which will be included along with this Statement of
Understanding to the Colorado Division of Reclamation, Mining and Safety;
And understanding the relationship of any significant, valuable and permanent man-made structures
under our ownership and which may stand within 200 feet of lands affected within the proposed
Heintzelman Permit Application M-2009-018;
Further, by our signatures, we concur that planned activities detailed in the application for
permit M-2009-018 do not threaten our qualified significant, valuable and permanent adjacent
man-made structures.
ni44a, Q 04-3,1,_
Si iature of Adjacent Landowner
55i& Cog 6iurIV
Print Name
Date
027 s 9 ,20099
2
tir:
Varra Companies, Inc.
Office of Special Projects
8120 Gage Street Frederick. Colorado 80516 Telephone (970) 353-8310 Fax (970) 353-4047
Statement of Understanding
Landowner of Adjacent Structure Statement: Our signature below testifies we have been
provided with and opportunity to review
1) a Stability Analysis Report pertaining to the proposed Heintzelman Permit Application M-
2009-018; and,
2) a Map showing the approximate relationship of our property and the potential for any
qualified significant, valuable and permanent man-made structure(s), which may occur
within 200 feet of lands affected within the proposed Heintzelman Permit Application M-2009-
018.
Upon review of the included materials; a copy of which will be included along with this Statement of
Understanding to the Colorado Division of Reclamation, Mining and Safety;
And understanding the relationship of any significant, valuable and permanent man-made structures
under our ownership and which may stand within 200 feet of lands affected within the proposed
Heintzelman Permit Application M-2009-018;
Further, by our signatures, we concur that planned activities detailed in the application for
permit M-2009-018 do not threaten our qualified significant, valuable and permanent adjacent
man-made structures.
vi,t?
a Siature of Adjacent'/ Landowner
—c.�«,.�5.� L,sr CO, I-iaif7
Print Name
,tiny 1
Date
,20098,-M -
2
Varra Companies, Inc.
Office of Special Projects
8120 Gage Street Frederick, Colorado 80516 Telephone (970) 353-8310 Fax (970) 353-4047
Statement of Understanding
Landowner of Adjacent Structure Statement: Our signature below testifies we have been
provided with and opportunity to review
1) a Stability Analysis Report pertaining to the proposed Heintzelman Permit Application M-
2009-018; and,
2) a Map showing the approximate relationship of our property and the potential for any
qualified significant, valuable and permanent man-made structure(s), which may occur
within 200 feet of lands affected within the proposed Heintzelman Permit Application M-2009-
018.
Upon review of the included materials; a copy of which will be included along with this Statement of
Understanding to the Colorado Division of Reclamation, Mining and Safety;
And understanding the relationship of any significant, valuable and permanent man-made structures
under our ownership and which may stand within 200 feet of lands affected within the proposed
Heintzelman Permit Application M-2009-018;
Further, by our signatures, we concur that planned activities detailed in the application for
permit M-2009-018 do not threaten our qualified significant, valuable and permanent adjacent
man-made structures.
c ea rS'O/✓ % t --
C
Sig Lure of Adjacent Landowner
Print Name
Date
,20099
2
Varra Companies, Inc.
Office of Special Projects
8120 Gage Street Frederick, Colorado 80516 Telephone (970) 353-8310 Fax (970) 353-4047
Statement of Understanding
Landowner of Adjacent Structure Statement: Our signature below testifies we have been
provided with and opportunity to review
1) a Stability Analysis Report pertaining to the proposed Heintzelman Permit Application M-
2009-018; and,
2) a Map showing the approximate relationship of our property and the potential for any
qualified significant, valuable and permanent man-made structure(s), which may occur
within 200 feet of lands affected within the proposed Heintzelman Permit Application M-2009-
018.
Upon review of the included materials; a copy of which will be included along with this Statement of
Understanding to the Colorado Division of Reclamation, Mining and Safety;
And understanding the relationship of any significant, valuable and permanent man-made structures
under our ownership and which may stand within 200 feet of lands affected within the proposed
Heintzelman Permit Application M-2009-018;
Further, by our signatures, we concur that planned activities detailed in the application for
permit M-2009-018 do not threaten our qualified significant, valuable and permanent adjacent
man-made structures.
C
O' — a�
a
Signature of Adjacent Landowner Date
i.t-1- 5ci-1 c'JZ`
Print Name
,2009
2
Varra Companies, Inc.
Office of Special Projects
8120 Gage Street Frederick, Colorado 80516 Telephone (970) 353-8310 Fax (970) 353-4047
Statement of Understanding
Landowner of Adjacent Structure Statement: Our signature below testifies we have been
provided with and opportunity to review
1) a Stability Analysis Report pertaining to the proposed Heintzelman Permit Application M-
2009-018; and,
2) a Map showing the approximate relationship of our property and the potential for any
qualified significant, valuable and permanent man-made structure(s), which may occur
within 200 feet of lands affected within the proposed Heintzelman Permit Application M-2009-
018.
Upon review of the included materials; a copy of which will be included along with this Statement of
Understanding to the Colorado Division of Reclamation, Mining and Safety;
And understanding the relationship of any significant, valuable and permanent man-made structures
under our ownership and which may stand within 200 feet of lands affected within the proposed
Heintzelman Permit Application M-2009-018;
Further, by our signatures, we concur that planned activities detailed in the application for
permit M-2009-018 do not threaten our qualified significant, valuable and permanent adjacent
man-made structures.
e of AdaceyfLandowner Date
Tan 1A) Zit/kJ) nenarou “)(cncr-
Print Name U
,20099
T�nr
D
.tun L, i ro IZ.xp
aarra uom parie5 Inc
r.-3—coo-nea6
hOc.
COLORADO
Garrett C. Varra
Varna Companies, Inc.
8120 Gage Street
Frederick, CO 80516
June 3, 2009
Dear Mr. Varra:
PUBLIC WORKS DEPARTMENT
P.O. Box 758
1111 H Street
PHONE: (970) 304-6496
FAX: (970) 304-6497
The Weld County Public Works Department has received and reviewed your request to sign a
Statement of Understanding for the proposed 112 sand and gravel mining permit for the Heintzelman
Project. This project proposes mining adjacent to Weld County Road 17 and WCR 28. The request
was for the County to sign the Statement of Understanding whicn included the following clause which
was shown in bold on the form:
Further, by our signatures, we concur Mat planned activities detailed in the application for
permit M.2009-018 do not threaten our qualified significant, valuable and permanent adjacent
mammade structures.
Weld County will not sign a form with this clause Included.
Per the Mineral rules and regulations of the DRMS/Colorado Mined Land Reclamation Board, the
guidance for EXHIBIT S — regarding 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 owners) of the utility that the mining and reclamation activities, as
proposed. will have "no negative effect on their utility.
Since the potentially affected structures in this situation are County Roads necessary for commerce
and the safety of the traveling public, only options a orb apply. The slope stability analysis submitted
with the request was not stamped and signed by an professional engineer licensed to practice in the
State of Colorado, and the submitted analysis did not address the potential for damage to the County's
roads by subsidence due to the withdrawal of ground water or for damages to the roadways in the
event that slurry wall lining of the proposed pit results in ground water mounding. In any event, the
F r ,;il°IstygK Dcvdpmene'Mvmc:paI m rvlcIsJVarrn 200-@w! Nalicc.WCR 17 SJNK-12P) Re>pc c
E
.•�., 1ttJ
N 2 r, 249
6)122U1Y1
Jun 25 09 1232p Vara Companies !no Ki388&8?a3
applicant and operators of the mining project, nut the County taxpayers, should be liable for any
damage to County roads resulting from adjacent mining activities.
In addition, the proposed project has not been rev'ewed or approved by Weld County. Of particular
concern is the timing and location of haul routes, obligations associated with access points to the
proposed pits, and coordinadon with the town of Firestone regarding those issues and address to
regional drainagerfioodway accommodations.
Thank you for the opportunity to respond to this proposal. If you have any further questions or
concerns please feet free to contact our office.
Sincerely,
David Bauer, P.E., CFM
County Engineer- Development
Cc: Bruce Barker, County Attorney
Kim Ogle, Planning Services
Dave Lindsay, Town of Firestone
vC Plannmgs DaveLopniett/Minvcipal re[erIL \arn200-:ooLNulr•.e•WCK 17 I. Sit- L2194txpoaw 4:22/2001;
Varra Companies, Inc.
Office of Special Projects
8120 Gage Street Frederick, Colorado 80516 Telephone (970) 353-8310 Fax (970) 353-4047
Statement of Understanding
Landowner of Adjacent Structure Statement: Our signature below testifies we have been
provided with and opportunity to review
I) a Stability Analysis Report pertaining to the proposed Heintzelman Permit Application M-
2009-018; and,
2) a Map showing the approximate relationship of our property and the potential for any
qualified significant, valuable and permanent man-made structure(s), which may occur
within 200 feet of lands affected within the proposed Heintzelman Permit Application M-2009-
018.
Upon review of the included materials; a copy of which will be included along with this Statement of
Understanding to the Colorado Division of Reclamation, Mining and Safety;
And understanding the relationship of any significant, valuable and permanent man-made structures
under our ownership and which may stand within 200 feet of lands affected within the proposed
Heintzelman Permit Application M-2009-018;
Further, by our signatures, we concur that planned activities detailed in the application for
permit M-2009-018 do not threaten our qualified significant, valuable and permanent adjacent
man-made structures.
S;:2,, 4 . j Y.., / s,c �F
Sign/, e A jacent Lando es
/14,r Z6
grpte.Fc-,;-•i vc. Date
Punt` Name
S7,5"
U �i0ft. 4 y
f -a,, -. t -Le_ (9ervs ; !
t 1"
•w
yt" � C 6wl� r- Art
1/5
2
Affidavit
KNOW ALL MEN BY THESE PRESENTS, that I, Pasquale Varra, am owner of the
following Real Property; described as follows:
An agricultural drainage or lateral of the Last Chance Ditch, located within lands in
the E/2,E/2; Section 32; Township 3 North; Range 67 West; 6th P.M.; Weld County,
Colorado;
This testimony is EXECUTED this day of June, 2009.
le Varra Owner
Pasqua
STATE OF COLORADO )
) SS:
COUNTY OF BOULDER )
The foregoing Power of Attorney was acknowledged before me this 14' day of June,
2009, by, the Principal.
IN WHITNESS WHEREOF I have affixed by hand d Notarial Seal the day and year
last above written. My commission expires: /C/C3i/i3.
[SEAL]
Notary Public
n -Jam
hmlirp)
Affidavit
KNOW ALL MEN BY THESE PRESENTS, that I, Pasquale Varra, am owner of the
following Real Property; described as follows:
An agricultural drainage or Seep, located within lands in the E/2,E/2; Section 32;
Township 3 North; Range 67 West; 6th P.M.; Weld County, Colorado;
This testimony is EXECUTED this / F=A day of June, 2009.
Pa uale Varra, Owner
STATE OF COLORADO )
) SS:
COUNTY OF BOULDER )
The foregoing Power of Attorney was acknowledged before me this day of June,
2009, by, the Principal.
IN WHITNESS WHEREOF I have affixed by hand and N,otaf al Seal the day and year
last above written. My commission expires: %O/?y//•9
[SEAL]
8120 Gage Street • Frederick, CO 80516
Bus.: (303) 666-6657 • Fax: (303) 666-6743
Memo
To: Brad Janes
CC: Garrett Varra
From: Brad Jones, P.E. 9
Date: June 18, 2009
RE: Heintzelman Seep Ditch
In response to your inquiry about the carrying capacity of the seep ditch and how the flow
from the dewatering of the mining pit may affect it, Garrett and I took some basic
measurements of the ditch as well as made some general observations and found the
following:
• Approximate bottom width of five feet
• Greatest approximate depth of four feet
• Varying side slopes with a mean of 1.5:1
• Heavily grassed/vegetated side slopes
Using these measurements, I was able to perform some basic calculations using the
Hydraflow Express Extension for AutoCAD Civil 3D and determined that the maximum
carrying capacity of the ditch is approximately 87 cfs at four feet of depth. While
carrying water at this depth would be extreme, and one would not expect the ditch to run
this full on a normal basis, it serves to illustrate the full carrying capacity of the ditch.
The assumptions that went into these calculations were a waterway slope of 0.15% and a
N -Value of 0.050 (taken from the Urban Drainage and Flood Control District Drainage
Criteria Manual).
The dewatering rate for the mining pit is expected to be approximately 0.72 million
gallons per day, which works out to be about 1.11 cfs. This flowrate would represent
about 1.28% of the total capacity of the ditch flowing at four feet of depth.
According to Garrett's observations, he has not seen the seep ditch ever flowing deeper
than two feet, and generally the ditch is only flowing at about six to seven inches in
depth. These depths would represent the ditch flowing at about 25% and 2% of capacity
respectively. From this analysis, it is clear that there should be more than enough
additional capacity within the ditch to accommodate the 1.11 cfs flowrate from the
dewatering operations within the proposed mining pit.
For additional information, please see the attached Hydraflow Express output for the
modeling of the seep ditch flowing at six inches, two feet, and four feet of depth.
Channel Report
Hydraflow Express Extension for AutoCAD® Civil 3D® 2010 by Autodesk, Inc. Wednesday, Jun 17 2009
<Name>
Trapezoidal
Bottom Width (ft)
Side Slopes (z:1)
Total Depth (ft)
Invert Elev (ft)
Slope (`)/0)
N -Value
Calculations
Compute by:
No. Increments
Elev (ft)
6.00
5.00
4.00
3.00
2.00
1.00
0.00
5.00
= 1.50, 1.50
= 4.00
= 1.00
= 0.15
= 0.050
Q vs Depth
=8
Section
Highlighted
Depth (ft)
Q (cfs)
Area (sqft)
Velocity (ft/s)
Wetted Perim (ft)
Crit Depth, Yc (ft)
Top Width (ft)
EGL (ft)
= 0.50
= 1.863
= 2.88
= 0.65
= 6.80
= 0.01
= 6.50
= 0.51
14
16
18
0 2 4 6 8 10 12
20
5.00
4.00
3.00
2.00
1.00
0.00
-1.00
22
Reach (ft)
Channel Report
Hydraflow Express Extension for AutoCAD® Civil 3D® 2010 by Autodesk, Inc. Wednesday, Jun 17 2009
<Name>
Trapezoidal
Bottom Width (ft)
Side Slopes (z:1)
Total Depth (ft)
Invert Elev (ft)
Slope (%)
N -Value
Calculations
Compute by:
No. Increments
Elev (ft)
6.00
5.00
4,00
3.00
2.00
1.00
0.00
= 5.00
= 1.50, 1.50
= 4.00
= 1.00
= 0.15
= 0.050
Q vs Depth
=8
Section
Highlighted
Depth (ft)
Q (cfs)
Area (sqft)
Velocity (ft/s)
Wetted Perim (ft)
Crit Depth, Yc (ft)
Top Width (ft)
EGL (ft)
= 2.00
= 22.05
= 16.00
= 1.38
= 12.21
= 0.56
= 11.00
= 2.03
v
0 2 4 6 8 10 12 14 16 18 20 22
5.00
4.00
3.00
2.00
1.00
0.00
-1.00
Reach (ft)
Channel Report
liydraflow Express Extension for AutoCAD® Civil 3D® 2010 by Autodesk, Inc. Wednesday, Jun 17 2009
<Name>
Trapezoidal
Bottom Width (ft)
Side Slopes (z:1)
Total Depth (ft)
Invert Elev (ft)
Slope (%)
N -Value
Calculations
Compute by:
No. Increments
Elev (ft)
6.00
= 5.00
= 1.50, 1.50
= 4.00
= 1.00
= 0.15
= 0.050
Q vs Depth
=8
Section
Highlighted
Depth (ft)
Q (cfs)
Area (sqft)
Velocity (ft/s)
Wetted Perim (ft)
Crit Depth, Yc (ft)
Top Width (ft)
EGL (ft)
= 4.00
= 87.38
= 44.00
= 1.99
= 19.42
= 1.51
= 17.00
= 4.06
5.00 -
4.00
3.00
2.00
1.00
0.00 _ -
0
2 4 6 8 10 12 14 16 18 20 22
5.00
4.00
3.00
2.00
1.00
0.00
-1.00
Reach (ft)
DBB-011 (03/2004) WAIVER OF CLAIM TO INJURY
COLORADO GROUND WATER COMMISSION
Room 818 Centennial Building, 1313 Sherman Street
Denver, CO 80203
Application must
be complete where
applicable. Type
or print in RI ACK
INK. No overstrikes
or ensures unless
initialed.
NOTE: This form can only be used for wells located within a Designated Ground Water Basin.
I Lisa M. & Terrence S. Haley
Permit No. Pre -1972 located in the NE 1/4 of the NE 1/4 of
Section 32 Township 3 North/South, Range 67 West of the 6th
P.M. As owner of this well, I hereby waive all claim to injury which may arise from the proximity of
the well involved in the (check appropriate box):
affirm that I am the present owner of the well with
H new permit application with Receipt No.
H replacement application for Permit No.
U change of water right application for Permit No.
J�J other (describe) @.^e- tcn a..
applied for by Varra Companies, lnc.
which is located in the NE 1/4 of the
NE 1/4 of Section 32 Township 3 North/South, Range 67
West of the 6th P.M.
Signed and dated this ! t.� day of
� `�j
Signature of Well Owner. ,AA
Well Owner Name: Lisa M. & Terrence S. Hal
Address:
City, State & Zip:
Telephone No.:
(Pleat Print)
12840 Weld County Road 17
Longmont, Colorado 80504
(970) 785-6461
20°9
DBB-011 (03/2004)
WAIVER OF CLAIM TO INJURY
COLORADO GROUND WATER COMMISSION
Room 818 Centennial Building, 1313 Sherman Street
Denver, CO 80203
Application must
be complete where
appicabie. Type
or print in BLACK
INK No overstzikes
or erasures unless
int§aled.
NOTE: This form can only be used for wells located within a Designated Ground Water Basin.
J aWv liti
A. C:44,9„,
, affirm that I am the present owner of the well with
Permit No. 166299 located in the SW 1/4 of the NE 1/4 of
Section 32 , Township 3 North/South, Range 67 West of the 6th
P.M. As owner of this well, I hereby waive all claim to injury which may arise from the proximity of
the well involved in the (check appropriate box):
❑ new permit application with Receipt No.
replacement application for Permit No.
change of water right application for Permit No.
❑ other (describe)
applied for by Varra Companies, lnc. which is located in the NE 1/4 of the
NE 1/4 of Section 32 , Township 3 North/South, Range 67
West of the 6th P.M.
Signed and dated this S -I-L- day of /tic, vicern 5 , 20 017
Signature of Well Owner. ' �� z _ _
Well Owner Name: L.G. Ever4st, IAC. FRONT kiiiilEie �I�tJELT MfzR..
Address:
City, State & Zip:
Telephone No.:
(Please Pnrt)
7321 East 88th Ave., #200
Henderson, Colorado 80640
(303) 287-9606
DBB-011 (03/2004) WAIVER OF CLAIM TO INJURY
COLORADO GROUND WATER COMMISSION
Room 818 Centennial Building, 1313 Sherman Street
Denver, CO 80203
Application must
be complete where
appkcable. Type
or print in BLACK
1NK. No overstrikes
or erasures unless
initialed.
NOTE: This form can only be used for wells located within a Designated Ground Water Basin.
I, Pasquale Varra affirm that I am the present owner of the well with
Permit No. 167912A located in the SE 1/4 of the SE 1/4 of
Section 32 , Township 3 North/South, Range 67 West of the 6th
P.M. As owner of this well, I hereby waive all claim to injury which may arise from the proximity of
the well involved in the (check appropriate box):
❑ new permit application with Receipt No.
❑ replacement application for Permit No.
❑ change of water right application for Permit No.
❑ other (describe)
applied for by Varra Companies, inc.
which is located in the SE 1/4 of the
SE 1/4 of Section 32 , Township 3 North/South, Range 67
West of the 6th P.M.
Signed and dated this / (J day of,*641-04 jiy✓ , 20 06
Signature of Well Owner. L/ t �s Qom/
Well Owner Name: PZquale Varra
Address:
City, State & Zip:
Telephone No.:
(Please Print)
P.O. Box 2049
Broomfield, Colorado 80038
(303) 666-6657
92
SOIL SURVEY
TABLE 1. --TEMPERATURE AND PRECIPITATION DATA
Month
Temperature)
Precipitation1
Average
daily
maximum
Average
daily
minimum
2 years in
10 will have --
Average:
daily ; Maximum Minimum
temperature temperature
higher lower
than-- than --
Average
number of
growing
degree
days?
Average
2 years in 10;
will have-- I Average
;number of
Less More :days with
than-- than --;0.10 inch
: or more
Average
snowfall
of of of of
January -- -- 39.9 10.5 27.3 65
February--- 45.3 16.4 30.9 71
March 51.2 22.5 35.8 78
April 61.8 32.7 47.3 ( 84
May 72.6 43.3 58.0 : 92
Jun_ 82.8 52.0 67.4 100
July 89.3 57.3 73.4 100
August 86.9 54.9 70.9 99
September77.8 44.6 61.3 94
0ctomer66.8 33.8 50.3 85
November50.8 21.7 36.3 ; 74
Decetber42.0 13.9 28.0 : 67
Year 63.9 33.6 48.8 101
of In In In
-19 37 .35 .08 .55 1
-11 57 .29 .15 .41 1
100 .76 .30 1.12 3
12 248 1.36 .46 2.07 3
27 558 2.16 .87 3.20 5
39 822 1.81 .74 2.67 4
47 1,035 1.24 .47 1.85 3
43 '958 1.22 .42 1.85 ' 3
29 639 1.33 .36 2.10 3
16 333 .91 .22 1.46 2
65 .53 .14 .84 2
-13 8 .31 .04 .52 1
-21 4,860 ; 12.27 9.55 14.84 31
In
5.3
4.6
8.1
4.3
-3
.0
.o
3.0
5.4
4,1
35.7
1Recorded in the period 1951-74 at Greeley, CO.
2A groping degree day is an index of the amount of heat available for plant growth. It can be calculated
by adding the maximum and minimum daily temperatures, dividing the sum by 2, and subtracting the temperature
below which grcwth is minimal for the principal crops in the area (40° F).
WELD COUNTY, COLORADO, SOUTHERN PART
93
TARLF. :'.--Fi?EELF DATES IN SPRING AND FALI.
Minimum temperature)
Probability i 2io F TT ; 32 F
or lower I or lower : or lower
Last freezing
temperature
in spring:
1 year in 10
later than --
2 years in 10
later than --
5 years in 10
later than-- April 11
Apr•ii. 78 S
April 22 i
First freezing
temperature
in fall:
e
e
e
i
•
•
Hay 11 i
May 5 1
April 25 i
May 24
May 19
May 10
1 year in 1U
earlier than-- i October 4 September 25 September IS
2 years in 10
earlier than-- , October 10 , October 1 1September 21
5 years in 10
earlier than-- ; October 21 October 11 ;September 30
1Recorded in the period 1951-74 at Greeley, CO.
TABLE 3. --GROWING SEASON LENGTH
Daily minimum temperature
during; growing season)
Probability • Higher l Higher r Higher
than 1 than I than
240 F• 1 2R° F 1 32° F
--•--- ____r -
Days _Dys Dais
9 years in 10 166 147 t.!2
8 years in 10 175 . ly'.. 129
I
years in 10 141 S 169 143
I
l years in 10 2119 . 192 1'rh
1 year in 10 ; ?18 111'? t63
1Recorded in the period 1951_71 at Greeley, CO.
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
120933000039
McClay, Steven James & Albert Louis
9173 County Road. 26
Fort Lupton, Colorado 80621
120933200051
Bearson Dairy LLC
9208 County Road 25
Fort Lupton, Colorado 80621
120928000006
Ready Mixed Concrete Company
4395 Washington Street
Denver, Colorado 80216
Continued... next page...
Varra Companies, Inc.
2 February 2009
Heintzelman Project RMS 112 Permit Application
1
Exhibit C — Pre -Mining & Mining Plan Map
120929000027
Cogburn, Jessie P.
13473 County Road 17
Platteville, Colorado 80651
120932000002
Varra, Pasquale & Jacqueline
P.O. Box 2049
Broomfield, Colorado 80038
120932000001
Haley, Terrence S. & Lisa M.
12840 County Road 17
Longmont, Colorado 80504
120929000026
120932000030
Acord St. Vrain Valley Ranch LLC
7541 County Road 26 3/4
Longmont, Colorado 80504
120932000031
L.G. Everest, Inc.
P.O. Box 5829
Sioux Falls, South Dakota 57117-5829
120932300032
L.G. Everest
7321 East 88th Avenue, #200
Henderson, Colorado 80640
120932000033
Weber, Joseph C. and Carol J.
P.O. Box 72
Golden, Colorado 80402
131105100001
McHale, Lawrence A & Jill
270 Honeysuckle Lane
Oliver Springs, Tennessee 37840
131105000018
Chapman, Brian E & Lisa A
7750 County Road 26
Longmont, Colorado 80504
131104201002
Homestead at Firestone LLC
4075 Camelot Circle, Ste. 200
Longmont, Colorado 80504
Continued...next page...
Varra Companies, Inc. Heintzelman Project RMS 112 Permit Application
2 February 2009
2
Exhibit C — Pre -Mining & Mining Plan Map
Other (Utilities, Roads,
etc)
Name and Address
Weld County - Road
Right -Of -Way
Weld County Dept. of Public Works
ATTN: Don Carroll, Engineering Administrator
P.O. Box 758
Greeley, Colorado 80632-0758
Xcel Energy
ATTN: Right -of -Way Dept.
P.O. Box 8
Eau Claire, WI 54702
Qwest
ATTN: Right -of -Way Dept.
12680 County Road 58
Greeley, Colorado 80634
United Power
ATTN: Bill Meier
500 Cooperative Way
Brighton, Colorado 80603
Central Weld County
Water District
2235 Second Avenue
Greeley, Colorado 80631
St. Vrain Sanitation Dist.
c/o Rob Fleck, Dist. Engineer
11307 Business Park Circle
Firestone, Colorado 80504
Last Chance Ditch Co.
11955 County Road 15
Longmont, Colorado 80504
Town of Firestone -
Road Right -Of -Way
P.O. Box 100
Firestone, Colorado 80520
Kerr-McGee Gathering,
LLC
1099 18th Street, Ste. 1800
Denver, Colorado 80202
Anadarko
1099 18th Street, Ste. 1800
Denver, Colorado 80202
Noble Energy
Production, Inc.
ATTN: Laura White
1625 Broadway, Ste. 2000
Denver, Colorado 80202
End.
Varra Companies, Inc. Heintzelman Project RMS 112 Permit Application
2 February 2009
3
DEWATERING ANALYSIS
VARRA GRAVEL OPERATION - HEINTZLEMAN PIT
LONGMONT, COLORADO
CGRS No. 1-135-10807ab
Prepared by:
Joby L. Adams
CGRS, INC.
1301 Academy Court
Fort Collins, Colorado 80524
800-288-2657
June 29, 2009
Overview of Drawdown Analyses
Introduction
The following report presents the results of a hydrogeologic evaluation regarding the proposed
gravel quarry operations operated by Varra Companies near Platteville, Colorado in
association with CDRMS Permit # M-2009-018. The site location is depicted on Figure 1.
Background Information
The proposed Heintzelman gravel quarry occupies the east half of the east half of
section 32, Township 3 North, Range 67 West of the 6th Principal Meridian. The
surrounding land use consists of agricultural, rural residential, commercial and open -cut
gravel quarry operations. The proposed mine area occupies an estimated 133 acres.
The water table at the site is located in unconsolidated alluvial deposits associated with
the Saint Vrain Creek. Soil conditions generally consist of varying thicknesses of top soil
underlain by sand and gravel deposits, which in turn are underlain by Pierre Shale. Over
the entire area the average saturated thickness of the sand and gravel deposits (prior to
mining) is estimated at 45 feet. It is our understanding that the sand and gravel will be
dewatered during aggregate extraction.
Information provided by current mining operation data and water resource evaluation
reports document local and regional hydrogeology. Soil conditions generally consist of two
to five feet of soil underlain by sand and gravel, which in turn are underlain by shale. Over
the entire area the average saturated thickness of the sand and gravel deposits (prior to
mining) is estimated at 45 feet. The natural hydraulic gradient as documented by past
water resource investigation reports varies between 12 and 27 feet per mile (0.002 - 0.005
feet per foot), with the depth to water varying between 3 and 20 feet below ground
surface. The natural groundwater flow direction is to the north — northeast. Seasonal water
table fluctuations of between one and three feet are common for this area; however,
fluctuations of greater than ten feet have been documented during drought conditions
(Schneider, 1983).
The water table in the vicinity of Tract A will be drawn down to bedrock over an estimated
65 acres. The mine is dewatered by allowing groundwater to flow from the side walls of the
excavation into ditches excavated into the shale bedrock at the toe of the excavation walls.
It is our understanding the water will be pumped into the seep ditch, which is unlined and
eventually discharges to Saint Vrain Creek. Site conditions are depicted on Plate 1.
Dewatering Evaluation Report
Varra Gravel Operation
Heintzelman Pit
Platteville, Colorado
Page 2
Project Assumptions
The following are assumptions made in estimating affects of mine dewatering operations.
> The aquifer cells within the model boundary are homogeneous and anisotropic.
> The saturated thickness of the aquifer prior to mine operations is 45 feet (water
table located five to seven feet below ground surface).
➢ The average horizontal hydraulic conductivity of the sand and gravel deposits
varies between 50 and 100 feet per day.
> The conductance from irrigation ditches is on the order of 100 ft2/day.
> Other than dewatering associated with mine operations no other aquifer stresses
such as drought and surrounding well use are accounted for.
> All groundwater solutions are steady state.
> The Pierre Shale which underlies the coarse alluvial deposits is an impermeable
barrier and the average depth from ground surface to the shale is 50 feet.
Overview of Drawdown Estimates
The hydraulic conductivity of the coarse gravel deposits is on the order of 100 feet per day
(Schneider, 1983) which is consistent with published values and pump test evaluations
conducted by the author in similar geologic settings. The average effective porosity of the
local sand and gravel deposits is estimated at 0.25.
The affects of dewatering on groundwater flow within the study area were evaluated by
use of a three-dimensional numerical groundwater flow model Visual ModFlow. A uniform
flow field was defined in the model with an unconfined aquifer. The model was set at
approximately 3000 acres (13589 x 9592 feet). A hydraulic conductivity of 100 feet per day
was assigned to the model except for the southern one-third of the model area which was
assigned a hydraulic conductivity of 50 feet per day. This variation in hydraulic conductivity
was used to account for non -uniform hydraulic gradients reported by the United States
Geologic Survey (USGS). The aquifer thickness was modeled at 50 feet with a saturated
thickness of 45 feet. The static groundwater flow direction of due north was assigned to
the model. Constant head boundaries were assigned to the north and south extents of the
model. Water level data provided by the USGS was used in assigning constant head
boundaries.
River boundary conditions were used to approximate unlined ditches. Published hydraulic
conductivity values for silty clay (average of 2.85 x 10$ cm/s) were used to estimate the
conductance from the ditches. A line sink was superimposed over the perimeter of the
area identified as Tract A and assigned a head of 4775 feet, or 25 feet above the bedrock
surface which approximates the seepage face anticipated during mining. Observations
points (OW -1 through OW -4) were placed at various locations and assigned an observed
water table elevation based on steady state simulations with out pumping. These
elevations were compared to steady state simulations during pumping to estimate
Joby L.3Adams, P.G.
Principal/Hydrogeologist
Dewatering Evaluation Report
Vera Gravel Operation
Heintzelman Pit
Platteville, Colorado
Page 3
drawdown. Steady state simulations were then ran for mining tract A (largest mine area)
and tract C. Graphical results are presented in Attachment A.
The head distribution map generated by the model shows that the gravel quarry is a
groundwater sink for the majority of the model area southeast of the St. Vrain Creek,
which is a groundwater divide. The model results indicate that the water table will be
depressed by approximately six feet in the vicinity of observation point OW -1 located 700
feet from the mine face. Using a one dimensional unconfined flow equation the effective
radius of influence from pumping is calculated at approximately 1,000 feet.
Conclusions
The results of analytical and numerical solutions predict that proposed mining operations
will not adversely affect the regional groundwater hydrology. The estimated distance from
the mine to drawdown levels that exceed seasonal water table fluctuations is on the order
of 800 feet and 1,000 feet to undetectable influences. The irrigation ditches do not
contribute significant volumes of water to the aquifer from leakage. As such, the ditches
will likely have de minimis influences on the local groundwater hydrology. The model was
not use to simulate possible mitigation measures such as using unlined ditches to mitigate
drawdown — however, such measures can be used to protect local wells from being
dewatered.
There are a number of domestic and monitoring wells in close proximity to the proposed
mine. The reported well depths are sufficient to serve as monitoring points during
dewatering operations. It may be advisable to survey well head elevations and obtain
water level data during mine operations and compare observed water levels to model
predicted water levels.
This report was prepared by CGRS, INC.
Date C 2 /a-uj
REFERENCES
Schneider, P. A., 1983, Shallow groundwater in the Boulder —Fort Collins —Greeley area,
Colorado, 1975-77: U.S. Geological Survey Water Resources Investigation Report
83-4058.
FIGURE
J -f] f I
��aap ,r t ( 5
(
/ - 44��V - 2"/ 4,
o
i hi —. c::f fr //
I
/
)
D
% \ .
\\
(
• •
--�
•-• \_-'
t, Fl
/
____1._\___ 4819
99
5 r+rti /
r :�
-
//
I .
)
V
I /
./ N_---
•
/ '- BMX- /-
`��
`
oar
-
SITE LOCATION
50 ` /
o
/ // ,JY
%c.,-
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GOWANDA QUAD
WELD COUNTY, COLORADO
N
SEE SCALE ABOVE
FIGURE 1
VARRA PIT 116 LOCATOR
PLATTVILLE, COLORADO
PROJECT NO.
108'15aa
PREPARED BY
JLA
CGRS
COLORADO GROUNDWATER
DATE
07/.1912007
REVIEWED BY
RESOURCE SERVICES
ATTACHMENT A
Visual ModFlow Results
lit, in -Cif II
Project: Varra Pit I I6
Description: Site Conditions
Modeller Ai. Adam
28 Jun 09
J
Visual MODFLOW 2.8.2. (C) 1905-1999
Waterloo Hy drogeologic. Inc.
NC; 200 NR: 200 NL 3
C l lrrel it Laver. I
Cr
v
a
C
C
0
0
2-100
3600
9EOO
6000
,200
8-1OO 9392
0
!ill!' IIti11I1C
1200
iII:I11111:IIIIIIuuIuIIII:IIll 1iiiiiiiiii;um:
Project: Varra Pit. 116
Description: Model n- Dewatering
Modeller: .11. Adams
28 dun 09
Visual MODFLOW (C) 1995-1999
Waterloo Hydrogeologic, Inc.
NC: 200 NR: 200 NL 3
Current Layer. 1
0
I20li ≥i UO 3600 ielp 6090 7,00 5i0C 9,9_
Project.: Varra Pit. 116
Description: Model Layout
Modeller: Ji. Adams
28 Jun 09
Visual MODFLOW x-.2.82. (C) 1995-1999
Waterloo Hydrogeologic. Inc.
NC: 200 NIP: 200 NU 3
Current Layer: 1
5
-CO inn . n0ii
AEI
Project Varra Pit I I 6
Description: Pit A - 2400 GPM
Modeller: .R. Attains
29 Jun 09
Visual MODFLOW (C) 1995-1900
IN -Fite -Hon I-Iydrogeologic. Inc.
NC: 200 NR: 200 ND 3
Current. Layer: 1
Calculated vs. Observed Heads : Steady state
0 Extrapolated [Head]
0 Interpolated [Head] 95% confidence Interval
II
OW-3/Paint #1
Obs. = 4794.00 Calc. = 4792.60
4792 4802
OW-4/Point #1
Obs. = 4822.00 Cabo. = 4823.28
O
OW-1/Point #1
Obs. = 4808.00 Calc. = 4802.99
(:
Ohs. Heads (ft)
4812 4822
Num.Points : 4
Mean Error : -1.635254 (ft)
Mean Absolute : 2.276855 (ft)
Standard Error of the Estimate : 1.290823 (ft)
Root mean squared : 2.769969 (ft)
Normalized RMS : 9.892745 ( % )
APT
Project: Van -a Pit 116
Description: Pit, C
Modeller: IL ;Adams
29 Jun 09
Visual IsIODFL0W '-.2.13.2. IC) 1995-1999
Waterloo Hydrogeologie, Inc.
NC; 200 NE: 200 NI 3
Current Layer: 1
Calculated) vs. Observed Heads ; Steady state
Extrapolated [Head]
Interpolated [Head] 95% confidence interval
Cala Heads ( 0
n
0
M
ro
OW-3/Point #1
Obs. = 4794.00 Calc. = 4793.72
of
m
4793.2
OW4/Point#1
Obs. = 4822.00 Calc. = 4809.96 l
OW-1/Point #1
Obs. = 4808.00 Calc. = 4805.97
48012 4813.2
Obs. Heads (ft)
Num.Points . 4
Mean Error: -3.47522 (ft)
Mean Absolute 3.697144 (ft)
Standard Error of the Estimate : 2.901175 (ft)
Root mean squared : 6.109632 (8)
Normalized RMS : 21.82011 ( % )
CGS _
F?,
June 30, 2009
Varra Companies
8120 Gage Street
Frederick, Colorado 80516
Attn: Mr. Brad Janes
Subject: Subsidence Response
Heintzelman Pit 116
Platteville, Colorado
CGRS No. 1-135-10807ab
Dear Brad:
The following are our comments regarding settlement at sand and gravel dry mine operations as a
result of dewatering. Settlement from dewatering usually occurs in confined aquifers. In confined
aquifers if pore water pressure decreases then the effective stress on the granular material increases
as the stress above the formation remains constant. If water is pumped from the aquifer then the
stress on the grains increases and deformation occurs by rearrangement of sand grains in a more
compact configuration.
In unconfined aquifers the total stress at a point below the water table is the weight of solids above
that point and the weight of water. As the aquifer is dewatered the intergranular stress increases (as
buoyant weight is decreased) and the water pressure decreases. This results in a net negative
pressure change at some point below the water table.
For example the density of gravel above the water table is 115 lbs/cubic foot (cf). The density gravel
below the water table is 120 lbs/cf. The depth to water is 10 feet. The total stress at 20 feet is 10x115
+ 10x120 or 2350 pounds per square foot (sf). Lower the water table by ten feet and the total stress
at 20 feet is 2300 psf. So lowering the water table does not increase the total stress, which can cause
deformation. Coarse sand and gravel have been deposited by fluvial processes which greatly aids in
compaction. As long as significant loads are not applied we do not see a concern for dewatering
settlement. In the 23 years of professional experience I have not witnessed settling from dewatering
operations except for piping of side walls or other types of undermining
If you have any questions regarding this letter, please contact me at 970-493-7780.
Sincerely,
CGRS, INC
Joby L. Adams, P.G.
Vice President/Hydrogeologist
Reviewed by:
Randy Kenyon, P.E.
Project Engineer
C:\Documents and Settings\Special Projects\Local Settings\Temporary Internet
Files \Content.IE5\PVO P73ES\HeintzelmanSettle.doc
LARGE MAPS AVAILABLE
FOR
VIEWING
AT THE CLERK TO THE BOARD'S
OFFICE, IN THE PUBLIC REVIEW FILE.
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