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Home My WebLink About20012466.tiff ftt(tti" • Weld County Referral ' June 29, 2001 C. COLORADO The Weld County Department of Planning Services has received the following item for review: - Applicant Colorado Groundwater Case Number 3r°AmUSR-248 Resource Services/Varra Companies Please Reply By July 20, 2001 Planner Julie Chester Project 3r°Amendment to a Site Specific Development Plan and Use by Special Review Permit for a Coal Ash Burial Project. Legal Pt. of NW4 of Sect. 31, T3N, R67W of the 6th P.M., Weld County, Colorado. Location Approximately 1 mile north of WCR 26; approximately 1 mile west of WCR 15. Parcel Number 1209 31 000049 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Weld County Planning Commission Hearing (if applicable) August 21, 2001 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ .We have reviewed the request and find no conflicts with our interests. G ' See attached letter. • Comments: Signature { (� Date ' / ). )p j Agency ]� 1 V 6\^ LOC41-✓ 9' QC24.)tCrCe +Weld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 +(970)353-6100 ext.3540 +(970)304-6- EXHIBIT 2001-2466 STATE OF COLORADO OFFICE OF THE STATE ENGINEER OF coy\ Division of Water Resources Weld /�`` '� Fe f e7- Department of Natural Resources County p . 1313 Sherman Street, Room 818 �clnr1 fr)gu � l ». Denver,Colorado 80203 �tevs � ept Phone:(303)866-3581 '+ FAX:(303)866-3589 [ ,... Bill Owens ///�� Governor http://water.state.co.us/default.htm R ECEI v Greg E.Waleher August 2, 2001 ® Executive Director Hal D.Simpson,P.H. state Engineer Ms. Jullie Chester Weld County Planning Dept. 1555 N. 17th Ave. Greeley, CO 80631 Re: Case Number 3rd AmUSR-248 Colorado Groundwater Resource Services Sections 31, T3N, R67W, 6th PM Water Division 1, Water District 5 Dear Ms. Chester: Pursuant to the State Engineer's August 7, 1995 memorandum to county planning directors this office is no longer providing comments on land use actions that do not involve a subdivision as defined in Section 30-28-101(10)(a), C.R.S. This referral does not appear to qualify as a "subdivision." Returned herewith are the materials submitted to this office in the above referenced matter. If you have any questions in this matter, please contact this office at 303/866-3581. Sincerely, • William C. McIntyre Water Resource Engineer Enclosures cc: Richard Stenzel, Division Engineer DEPARTMENT OF PLANNING SERVICES PHONE (970) 353-6100, EXT.3540 FAX (970)304-6498 WELD COUNTY ADMINISTRATIVE OFFICES 1555 N. 17TH AVENUE GREELEY, COLORADO 80631 , -- C. COLORADO July 13, 2001 Division of Water Resources cio John Schurer 1313 Sherman St. Rm. 818 Denver, CO 80203 To Whom It May Concern: The attached land use case was filed with the Weld County Department of Planning Services on December 3, 1998. At that time your agency reviewed the case. The case has recently been approved for a Certificate — of Designation by the State of Colorado. Therefore the case is being scheduled to be reviewed by the Weld County Planning Commission and Board of County Commissioners. The hearing will be held August 21, 2001, at 1:30 p.m. in Room 210, Weld County Planning Department, 1555 N. 17th Avenue, Greeley, Colorado. Should you have any further comments regarding this case, please address them to Julie Chester, Lead Planner at the above address. STATE OF COLORADO OFFICE OF THE STATE ENGINEER CO— pF td Division of Water Resources se .�\ Department of Natural Resources a <:oii 1313 Sherman Street,Room 818 (' `• � ' Denver,Colorado 80203 \ -\/876. w Phone(303)866-3581 , FAX(303)866-3589 Roy Romer Governor December 11, 1998 James S.Lochhead Executive Director Weld County Planning Dept. Hal D.Simpson State eer Mr. Ben Patton DEC 1 5 1998 Weld County Planning Dept. 1400 N. 17th Ave. ;., Greeley, CO 80631 RE: Permit for a Coal Ash Burial Project, 3rd AmUsr-248 Dear Mr. Patton: Pursuant to the State Engineer's August 7, 1995 memorandum to county planning directors, this office is no longer providing comments on land use actions that do not involve the subdivision of land as defined in Section 30-28-101110)(a), C.R.S. This referral does not appear to qualify as a "subdivision." Returned herewith are the materials submitted to this office in the above referenced matter. If you have any questions in this matter, please contact this office. Sincerely, 777/ Heidi Frey Water Resource Engineer Enclosures cc: Richard Stenzel, Division Engineer /subd-Itr.mrg Kit Memorandum TO: Julie Chester, W.C. Planning WIlD ' DATE: August 2, 2001 COLORADO FROM: Cindi Etcheverry, C. Department of Public Health and Environment SUBJECT: Varra Coal Ash Pilot Project, Conditions of Approval The Weld County Department of Public Health and Environment has reviewed this application. We recommend for approval of a coal ash disposal pilot project with numerous recommended conditions and standards. We have attempted to simplify our referral by separating the proposed conditions into conditions of approval and development standards. The following are recommended to be conditions of approval: Prior to recording the plat: 1) The applicant shall submit a comprehensive site-specific ground water investigation report to Weld County Department of Public Health and Environment and Colorado Department of Public Health and Environment for review and approval. 2) A comprehensive site-specific ground water monitoring plan must be submitted and approved by Weld County Department of Public Health and Environment and Colorado Department of Public Health and Environment. At a minimum, the Plan shall address the location and purpose of all monitoring points, monitoring frequency, monitoring parameters, analytical methods, reporting frequencies, etc. 3) The applicant shall provide evidence to the Weld County Department of Public Health and Environment that an appropriate financial assurance mechanism has been established in accordance with The Regulations Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2). 4) The applicant shall provide evidence that all issues described in the May 23, 2001 letter from the Colorado Division of Minerals and Geology have been addressed. 5) The applicant shall submit a plan for controlling fugitive dust during fly ash placement activities. The plan must be reviewed and approved by the Weld County Department of Public Health and Environment. At a minimum, the plan shall address on-site controls as well as controls that will be implemented during hauling activities. EXHIBIT 13 Sheri Lockman August 2, 2001 Page 2 6) If applicable, the applicant shall obtain an emissions permit from the Air Pollution Control Division of the Colorado Department of Public Health and Environment. The following are recommended development standards: 1) The pilot project will be limited to approximately 400 tons of fly ash that will be placed in a trench measuring 10 feet wide, 100 feet long and 10 feet deep. 2) There shall be a single point of ingress and egress to the disposal site. 3) The construction of the disposal trench shall be supervised by a professional engineer. A construction completion report shall be submitted which shows the surveyed location of the trench segment that is constructed. The report shall also identify soil profile and evaluate conditions discovered during excavation. 4) All stockpile overburden,soil,and associated materials shall be managed to prevent nuisance conditions. The facility operator shall comply with Soil Conservation District for erosion control, seeding stockpiles, fertilizing, and seedbed preparation. 5) No stockpiling of fly ash shall be allowed on site. All fly ash shall be placed in the trench upon receipt at the facility. 6) The project life shall be determined by the results of field and laboratory data after evaluation by the Weld County Department of Public Health and Environment and the Colorado Department of Public Health and Environment. 7) The facility shall conduct all monitoring activities as described in the approved groundwater monitoring plan. 8) Background ground water quality levels should be accounted for when considering action levels. With exception to boron (see below, notes to be placed on plat), the most stringent groundwater standards promulgated under The Basic Standards for Ground Water, Regulation No.41 (5CCR 1002-41),shall be used when determining if a standard is exceeded. If a standard is exceeded at a point of compliance(POC) well and confirmation sampling validates the exceedence, remedial measures shall be implemented. 9) The Weld County Department of Public Health and Environment and the Colorado Department of Public Health and Environment shall have the option of collecting split samples from each ground water monitoring well. 10) The applicant shall submit all laboratory results to the Colorado Department of Public Health and Environment and Weld County Department of Public Health and Environment within seven (7)days of receipt. If any standard is exceeded,the Weld County Department of Public Health and Environment and Colorado Department of Public Health and Environment shall be notified within 48 hours. Sheri Lockman August 2, 2001 Page 3 11) Operation inspection reports of the entire facility shall be made on a quarterly basis for the life of the pilot project. The inspection report shall be signed by a professional engineer. The engineer shall certify the operation is progressing in accordance with all aspects of the approved Special Review Permit and Certificate of Designation. A signed copy of the report shall be submitted to the Colorado Department of Public Health and Environment and Weld County Department of Public Health and Environment. 12) The facility operator shall maintain the following records to be available for Weld County Department of Pubic Health and Environment and Colorado Department of Public Health and Environment review at any reasonable time: a) quarterly operations inspection reports, b) volume of ash disposed, c) results of water quality monitoring, d) laboratory results for fly ash analyses. 13) The facility shall be operated in a manner to control fugitive dust and fly ash at all times. All operations shall be conducted in accordance with the approved dust control plan. Additional dust abatement measures shall be implemented at request of the Weld County Department of Public Health and Environment in the event it is determined that dust is a nuisance condition. 14) The maximum permissible noise level shall not exceed the light industrial limit of 70 dB(A), as measured according to Section 25-12-102, C.R.S. 15) The owner and/or facility operator shall notify representatives of the Colorado Department of Public Health and Environment, Weld County Department of Public Health and Environment, and Department of Planning Services of any proposed oil and gas drilling within the Special Review Permit area. 16) The facility shall comply with The Regulations Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2), the Weld County Code, as amended, and the Rules and Regulations of the Colorado Division of Minerals and Geology. 17) The facility shall maintain evidence that an appropriate financial assurance mechanism has been secured in accordance with The Regulations Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2). 18) A metal sign shall be posted at the facility entrance. The sign shall be a minimum of three feet in width and four feet in length. The sign shall state the following: a) name of operator, b) type of project, c) emergency phone numbers of the facility operator. Sheri Lockman August 2, 2001 Page 4 We also recommend the following notes be placed on the plat: 1) The placement of coal ash under saturated conditions is not without risk, therefore, the circumstances which would terminate this project must be clearly defined, understood and agreed to by all parties. In addition, conceptual plans to be implemented if impact to ground water occurs shall be reviewed and approved by Weld County Department of Public Health and Environment and Colorado Department of Public Health and Environment. 2) Varra has requested to use 5.0 mg/I as a standard for boron. Regulation No. 41, The Basic Standards for Ground Waterstates that the applicable standard for boron is 5.0 mg/I where a party can demonstrate that a crop watering use of groundwater is not reasonably expected . A rigorous ground water monitoring program has been established for the pilot project. Additionally, the volume of boron potentially generated by the pilot is small. The pilot project meets the general criteria necessary to apply the 5.0 mg/I boron standard. However, should the pilot project demonstrate the feasibility of disposing of fly ash in a saturated media, reassessment of the boron standard shall be necessary before large-scale disposal operations begin to protect agricultural use of the ground water in the area. NOV-12-1998 15:27 ' -- Post-It"Fax Note 7671 Date °per► S 111 y l[LI From �va , 11) coAe* co. A Phone a mono 4RTMENT OF HEAL?* F" " 35Z'�312 F" " �10 n ' I '° 1 716TH AVENUE COURT GREECE`(, CO 80631 tr. OADMINISTRATION (970) 353-0586 HEALTH PROTECTION (970) 353-0635 IP�i COMMUNITY HEALTH (970) 353-0639 COLORADO FAX (970) 356.4988 August 17, 1998 Glenn Mallory Colorado Department of Public Health and Environment 4300 Cherry'Creek Drive South Denver, Colorado 80246-1530 Subject: Varra Companies, Inc., Pilot Project Proposal Dear Mr. Mallory: ! Today, Monday, August 17, 1998, I met with representatives of our Planning and Attorneys office and our Board of County Commissioners concerning the fly ash pilot project proposed by • Colorado Groundwater Resource Services on behalf of Varra Companies, Inc. The purpose of our meeting was to discuss the permits and fees that the County would require for this pilot program_ As you know, the proposed pilot program is described, in general, in a July 8, 1998, letter to you from Joby Adams of Colorado Groundwater Resource Services. It was determined that both a Special Use Permit and a Certificate of Designation (CD) would be required. An $1,100.00 fee must be submitted for the Special Use Permit and a deposit of $17,114.00 for the CD fee must be submitted. The fee charge for the CD will be based on actual I staff time spent reviewing the application. The balance of the deposit will be returned following ! completion of the County Planning process. I wouldn't expect this fee to exceed $3,500.00. It should be noted that these conditions apply only to this circumstance, for any other new CD I application no monies would be returned. If you have any questions, or if I can be of any assistance, please do not hesitate to call me at (970) 353-0635, extension 2232. si�erely, Weld County Planning Dept. Trevor Jirl i NOV 1 2 1998 Supervisor Environmental Protection Services RECEIVED . „Ai1 ,8 cc: Roger Doak, Colorado Department of Public Health and Environment Monica Daniels-Mika, Weld County Planning Department Lee Morrison, Weld County Attorneys Office Weld County Board of County Commissioners Harry Posey, Colorado Division of Minerals and Geology EXHIBIT Joby Adams, Colorado Groundwater Resource Services 1 /if TOTAL P.01 11/12/98 15:27 TX/RX N0.3311 P.001 II STATE OF COLORADO Bill Owens,Governor -.— Jane E. Norton,Executive Director /oF COZO\ Dedicated to protecting and improving the health and environment of the people of Colorado ( 2 ` p 4300 Cherry Creek Dr.S. Laboratory and Radiation Services Division t M Denver,Colorado 80246-1530 8100 Lowry Blvd. \r � Phone(303)692-2000 Denver,Colorado 80230-6928 - - TDD Line(303)691-7700 (303)692-3090 of C E I V E D Colorado Department Located in Glendale,Colorado s of Public Health http://www.cdphe.state.co.us APR 7 2001 and Environment January 31, 2001 ENVIRONMENTAL HEALTH SERVICES Weld County Board of Commissioners 915 10th Street Greeley, CO 80631 RE: Application For Certificate of Designation' IMIlnbs Dear Commissioners: The Hazardous Materials and Waste Management Division of the Colorado Department of Public Health and Environment(the Division)has completed its review of Varra Companies'application for a Certificate of Designation to conduct a pilot project in Weld County. The proposed study area is located at a former gravel quarry near 12910 Weld County Road 13,which is approximately four miles north of Firestone. The pilot project will provide a research opportunity to evaluate coal ash in a wet environment. A Certificate of Designation is being requested for disposal of approximately 400 tons of flyzch thnt will he nlaced in a trench measuring 10 feet w ide,_100 feet long and 10 fret dew. The fly ash will be placed so that the water table intersects the ash. It is the assessment of the Division that the proposed pilot project can comply with the technical, environmental and public health standards of the Act(30-20-100 et seq.)and Regulations(6 CCR 1007-2); if the project is operated and monitored as detailed in the submitted plan and with the requirements of the Division,as detailed in the attachment. Based on this assessment,the Division recommends that this proposed pilot project may be approved by the County based on these and local criteria. If approval is granted,the list of conditions shall be incorporated in the resolution granting such approval. Please provide the Division with a copy of the County resolution for approval or denial of the application for a Certificate of Designation. Should you have any questions concerning this matter, please contact Roger Doak at 303-692-3437. Sincerely 67 iii i Roger Doak, Geologist nn F. Mallory Solid Waste Unit olid Waste Unit, Leader �l Compliance Program Compliance Program ✓✓✓ Attachment Cc: Julie Chester,Weld County Dept.of Planning Services,w/att Trevor Jiricek,Weld County Dept. of Public Health and Environment,w/att Joby Adams, CGRS,w/att Harry Posey, DMG,w/att Chris Varra, Varra Companies,w/att George Moravec, WQCD,w/att Sw/wld/var 2.1 EXHIBIT i 1 � Attachment Weld County Board of Commissioners January 31, 2001 Conditions of Approval Varra Companies—Fly Ash Pilot Project Weld County 1. A comprehensive site-specific ground water investigation must be completed and approved prior to placement of fly ash in the trench. The investigation shall include, at a minimum: (1) the installation of an adequate number of ground water monitoring wells to characterize ground water flow rate, ground water flow direction including seasonal fluctuations in ground water flow; (2)a detailed description of materials comprising the uppermost aquifer including the lithology, thickness, hydraulic conductivity, porosity and effective porosity; and (3) an evaluation of local ground water quality—analytical parameters must be identical to those from the column test. The findings from the site investigation must be submitted to Weld County and the Division for review and approval. 2. Weld County and the Division shall have the option of collecting split samples from each ground water monitoring well. 3. A one-year monitoring period has been proposed for this project. We believe the length of the project should be determined by the results of field data. A one—year period should be a minimum time frame. 4. During the field investigation period, Varra shall submit laboratory results to the Division and Weld County within seven (7) days of receipt. If a standard is exceeded, the Division and Weld County shall be notified within 48 hours. 5. The placement of coal ash under saturated conditions is not without risk, therefore, the circumstances which would terminate this project must be clearly defined, understood and agreed to by all parties. In addition, conceptual plans to be implemented if impact to ground water occurs shall be provided. 6. Background ground water quality levels should be accounted for when considering action levels. Ground water quality standards promulgated under Regulation #41, 5CCR 1002-41 shall be used when a constituent does not have an established MCL. If a standard is exceeded at a point of compliance (POC)well and confirmation sampling validates the exceedance, remedial measures shall be implemented. 7. Action level wells must be installed between the disposal trench and POC wells. POC wells shall be established approximately 50 feet downgradient from the trench. 8. Financial Assurance must be established prior to acceptance of fly ash. Third party cost estimates (closure activities and post-closure monitoring)and the financial instrument must be submitted to Weld County and the Division for review and approval. It is the opinion of the Division that the trust fund option under Section 1.8 of the Regulations is not an appropriate financial mechanism for a pilot project. 9. Varra has requested to use 5.0 mg/I as a standard for boron. Regulations 41, the Basic Standards for Ground Water states that the applicable standard for boron is 5.0 mg/I where a party can demonstrate that a crop watering use of groundwater is not reasonably expected. Varra has affirmed that there is no crop watering use of ground water at the pilot site. Additionally, the volume of boron potentially generated by the pilot is small. A rigorous ground water monitoring program has been established for the pilot project. The pilot project meets the general criteria necessary to apply the 5.0 mg/I boron standard. However, should the pilot project demonstrate the feasibility of disposing of fly ash in a saturated media, a re- assessment of the boron standard shall be necessary before large-scale disposal operations begin to protect agricultural use of the ground water in the area. 12/30/98 WED 12:50 FAX 303 7820390 CDPHE/tti4CD STATE OF COLORADO Roy Romer,Governor Patti Shwayder, Executive Director Dedicated to protectingand improving the health and envimnrTient of the people or Colorado 4300 Cherry Creek Or,5. Laboratory and Radiation Services Division Denver, Colorado 80246-1530 810 Lowry Blvd. -- Phone(3031692-2000 Denver CO 80220-6928 Located in Glendale.Colorado (3031 692-3090 Colorado Departmenof t kHealth http://wwvv.cdphe.srate.co.tn and Environment Water Quality Control Division MEMORANDUM TO: Victor Sainz x--72,7 FROM: George F.Moravec,Assessment Unit DATE: December 18, 1998 SUBJECT: Disposal of Coal Ash in a Saturated Medium Coal ash has a potential to leach metals including arsenic,lead,mercury, and silver, as well as other contaminants. Placing a pollutant such as coal ash below the water table in an aquifer that is used or has the potential to be used for domestic use is not recommended. There is the risk that leached pollutants could impact public health and violate existing ground water standards. For this reason I do not recommend placing coal ash in a saturated medium such as the Saint Vrain River Alluvium unless there is adequate data, i.e. laboratory testing using recognized methods such as ASTM, to assure that there will be no significant impact to the aquifer. Without knowing in advance the composition and leaching potential of the coal ash, I believe there is a high risk that leaching of pollutants may occur based on existing studies- I am also concerned that the VARRA Companies, Inc amendment application as proposed is intended to be a test or experiment to determine if gravel pits in the Saint Vrain River Alluvium can be used to dispose of large amounts of coal ash. The results of the test will be used to justify expansion of the project. A research project should have a strong scientific basis and be conducted as a controlled experiment with adequate monitoring over a period of time to show meaningful results. The proposed study does not appear to meet these criteria and any results should be questioned. cc: Sarah Johnson 12/30/98 11 :53 TX/RX N0.3912 P.003 Jul - 16-01 O1 : 11P P _O1 i‘listl\C?„ ; Weld County Referral 111 I June 29, 2001 C COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Colorado Groundwater Case Number 3f° AmUSR-248 Resource Services/Varra Companies Please Reply By July 20, 2001 Planner Julio Chester Project 3m Amendment to a Site Specific Development Plan and Use by Special Review Permit for a Coal Ash Burial Project. Legal Pt, of NW4 of Sect. 31, T3N, R67W of the 6th P.M., Weld County, Colorado. Location Approximately 1 mile north of WCR 26; approximately 1 mile west of WCR 15. gy Parcel Number 1209 31 000049 p The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Weld County Planning Commission Hearing (if applicable) August 21, 2001 O We have reviewed the request and find that it does/does not comply with our Comprehensive Plan U We have reviewed the request and find no conflicts with our interests. LA See attached letter. Comments: No comment at this time. The District rerluests that a cony of the results and findings be forwarded to allow further evaluation. Signature �`LS ,A` t S)1"R:4 gr v�gtl&ec Date _ J(o— O Agency Central Weld County Water District`!! erWeld County Planning Dept. 61555 N. 17th Ave.Orealcy, CO. 60631 e(970)353-6100 ext.354u 0(970)304-6498 fax EXHIBIT /C AP' OF �.�q� Th DEPARTMENT OF THE ARMY / \1 CORPS OF ENGINEERS, OMAHA DISTRICT Qe; M �y '[.7A_A DENVER REGULATORY OFFICE, 9307 S. PLATTE CANYON ROAD M LITTLETON, COLORADO 80128-6901 Weld County Planning Dept. July 20, 2001 P Ms. Julie Chester Weld County Colorado ,, jl Weld County Planning Department 1555 N. 17th AvenueRECEIVED Greeley, CO CO 80631 RE: Colorado Groundwater Resource Services/Varra Companies—Case No. 3r° AmUSR-248 Corps File No. 200180507 Dear Ms. Chester: Reference is made to the above-mentioned project located in the NW ''A of Section 31, Township 3 North, Range 67 West, Weld County, Colorado. If any work associated with this project requires the placement of dredged or fill material, and any excavation associated with a dredged or fill project, either temporary or permanent, in waters of the United States at this site, this office should be notified by a proponent of the project for proper Department of the Army permits or changes in permit requirements pursuant to Section 404 of the Clean Water Act. Waters of the U.S. includes ephemeral, intermittent and perennial streams their surface connected wetlands and adjacent wetlands and certain lakes, ponds, drainage ditches and irrigation ditches that have a nexus to interstate commerce. Work in waters of the U.S. should be shown on a map with a list identifying the Quarter Section, Township, Range and County, and Latitude and Longitude to seconds or the UTM coordinates of each area of work. If there are any questions concerning this matter please call Mr. Terry McKee of this office at 303-979-4120 and reference Corps File No. 200180507. Sincerely, Ti thy T. re Chie , r Reg Office me EXHIBIT r7 - i t ;' �8 6, 4 n� y r,DfC 1998]] o, prnr Weld County Referral December 8, 1998 COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Colorado Groundwater Case Number 3rd AmUSR-248 Resource Services/Varra Companies Please Reply By December 29, 1998 Planner Ben Patton Project 3rd Amendment to a Site Specific Development Plan and Use by Special Review Permit for a Coal Ash Burial Project. • Legal Part of the NW4 of Section 31, T3N, R67W of the 6th P.M., Weld County, Colorado. Location Approximately 1 mile north of WCR 26; approximately 1 mile west of WCR 15. Parcel Number 1209 31 000049 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Weld County Planning Commission Hearing (if applicable) January 19, 1999 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. See attached letter Comments: Signature er.i M Date p., R ( YYS Agency C.©115 or EN6-tNEEd2.S :•Weld County Planning Dept.\•:1400 N. 17th Ave.Greeley,CO.80631 t(970)353-6100 ext.3540 +(970)352-6312 fax • JEPARTMENT OF THE ARMY 4 � CORPS OF ENGINEERS, OMAHA DISTRICT / A TRI-LAKES PROJECT OFFICE, 9307 STATE HWY 12.1 r �^ LITTLETON, COLORADO 80126-6901 { ^�7 f!"1`C .- n aQ�'� '��at *Oq DEC 2 1 1993 srm �' nM ATTENTION OF: December 15, 1998 .y, Dtt Mr. Ben Patton Weld County Planning Department 1400 N. 17th Ave. Greeley, Colorado 80631 RE: 3r" Amendment to a Site Specific Development Plan, Corps File No. 199880984 Dear Mr. Patton: Reference is made to a 3r° Amendment to a Site Specific Development Plan and Use by Special Review Permit for a Coal Ash Burial Project. This project is located in the Northwest Quarter of Section 31, Township 3 North, Range 67 West, Weld County, Colorado. If any work associated with this project requires the placement of dredged or fill material, and any excavation associated with a dredged or fill project, either temporary or permanent, in streams or wetlands at this location, this office should be contacted by a proponent of the project for proper Department of the Army permits or changes in permit requirements pursuant to Section 404 of the Clean Water Act. If there are any questions concerning this matter, contact Mr. Terry McKee of this office at 303-979-4120 and reference Corps file No. 199880984. Sincerely, • Tim tfY T. Carey Operatic Man..- ch Weld County Planning Dept. 2uUl • RECEIVED Weld County Referral June 29, 2001 111111 C. COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Colorado Groundwater Case Number 3`d AmUSR-248 Resource Services/Varra Companies Please Reply By July 20, 2001 Planner Julie Chester Project 3`d Amendment to a Site Specific Development Plan and Use by Special Review Permit for a Coal Ash Burial Project. Legal Pt. of NW4 of Sect. 31, T3N, R67W of the 6th P.M., Weld County, Colorado. Location Approximately 1 mile north of WCR 26; approximately 1 mile west of WCR 15. Parcel Number 1209 31 000049 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Weld County Planning Commission Hearing (if applicable) August 21: 2001 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. • Comments: ( grs re viei.oec/ [ ( / 'f`)-erhj / a tiuw t / 2 9 <'GS rev.,e /to. - b-le -99-009 'feu pr Cc;rw /vw-) Aecue riot ('ha.t,t3i ci Signature f' c� , Date Agency v (ore (e d r ca Su;Uc +WWeld County Planning Dept. +1555 N. 17th Ave.Greeley,CO.80631 •(970)353-6100 ext.3540 4(970)38, • • - EXHIBIT STATE OF COLORADO COLORADO GEOLOGICAL SURVEY Governors Department of Natural Resources Governor 1313 Sherman Street, Roam 715 Denver, Colorado 80203 Greg Welcher Phone (303) 666-2611 Executive Director FAX (303) 866-2461 Vicki Cowart Slate Geologist and Director DEPARTMENT OF NATURAL RESOURCES Mr. Ben Patton WE-99-0028 Weld County Department of Weld County Planning Dept. Planning Services 1400 N. 17th Ave. Greeley, CO 80631 FEB 10 1999 Jan. 22,1999 RECEIVED Dear Mr. Patton: Re: Use by Special Review, Coal Ash Burial Project - 3r° Am usr-248 We have reviewed the materials submitted in support of this request as well as the general and engineering geology of the site. The site was visited in the field to confirm the general conditions on Jan. 4,1999. There are no constraints at this site of a purely geological or engineering nature which would preclude the proposal but there are several hydrological and water quality impacts which should be addressed in greater detail. The appropriate review entity in these cases is not us but I feel it is worth reiterating these issues just to assure that they are all identified and dealt with. The major potential problems associated with this proposal are the adverse impacts on water quality, and the disturbance of the hydrologic properties of the alluvial materials that make up the valley bottom in the area. The monitoring program proposed seems much to short to demonstrate the presence or absence of any water quality degradation resulting from dissolution of mineral contaminants in the ash. We would suggest that this time frame be extended based on some determination of the chemical reactions and their kinetics to predict how and when any desorption and/or dissolution might occur. The appropriate point of contact and review of this evaluation would be the Colorado Dept. of Public Health and Environment (CDPHE). The second issue relates to the possibility that placing this material in a trench in the gravel deposit will produce a very significantly different zone of hydrologic properties that could alter the groundwater flow and behavior. The scale of this test may not be — correct to evaluate this potential. This issue is properly the purview of the State Engineers Office and CDPHE. If there are any engineering considerations associated with this proposal it would be related to the geotechnical behavior of these fill materials and their impact on any future land use plan for the site. these problems could be addressed at this point or at the time of review of any additional development proposals for the tract. Also, at least in the documents sent to us for review, there is no mention of what, if anything, will be done to remedy the situation should the test indicate that contamination is occurring.. This may be discussed in some other portion of this overall application but if it isn't, it represents a serious flaw in the plan. Again, we are not the ultimate authority to pass on this matter either. In summary, we see no geology-related problems which would interfere with the successful execution of this proposal from a strictly physical point of view, but there appear to be several serious unanswered questions that should be resolved prior to conducting this test. Yours truly; 4, 2 y✓ Jeffrey ell H es Senior Engineering Geologist -4 a Held County Planning De t. DEC 1 8 1998 Weld County Referral I O p December 8, 1998 C. COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Colorado Groundwater Case Number 3rd AmUSR-248 Resource Services /Varra • Companies Please Reply By December 29, 1998 Planner Ben Patton Project 3rd Amendment to a Site Specific Development Plan and Use by Special Review Permit for a Coal Ash Burial Project. Legal Part of the NW4 of Section 31, T3N, R67W of the 6th P.M., Weld County, Colorado. . Location Approximately 1 mile north of WCR 26; approximately 1 mile west of WCR 15. Parcel Number 1209 31 000049 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Weld County Planning Commission Hearing (if applicable) January 19, 1999 ❑ Vie have reviewed the request and find that it does/does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. Q--<See attached letter. Comments: Signature \,^ 2J SC Date ‘\o_Clo� - V Agency CS.._ . et.).-) 4: re_ \) s' -fm.-ci- . •:Weld County Planning Dept. :•1400 N. 17th Ave. Greeley, CO. 80631 •:(970) 353-6100 ext.3540 :•(970)352 • EXHIBIT /9 rouwrt,l MOUNTAIN VIEW FIRE PRO • .CTION DISTRICT Mt Administrative Office: 9119 County Line Road•Longmont, CO 80501 g � (303) 772-0710 Metro (303) 666-4404 FAX (303) 651-7702 VIEW December 16, 1998 Mr. Ben Patton Weld County Planning Department 1400 North 17th Avenue Greeley, CO 80631 Dear Mr. Patton: I have reviewed the submitted material pertaining to Use by Special Review for a Coal Ash Burial Project to be located at 12910 Weld County Road 13 (Case Number: 3rd AmUSR-248). The property named is within the boundaries of the Mountain View Fire Protection District and receives service from the District. The Fire District does not object to the request and find no conflicts with our interests. We appreciate being involved in the planning process. Should you have any questions, please contact me at (303)772-0710. Sincerely, LuAnn Penfold Fire Marshal LMP/lp cc: Roger Vigil, Weld County Building Department, 1400 N. 17th Avenue, Greeley, 80631 project file file 1p12.16.98 Station 1 Station 2 Station 3 Station 4 Station 5 Station 6 Station 7 9119 Cnty Line Rd. 10971 WCR 13 P.O.Box 575 P.O.Box 11 10911 Dobbin Run P.O.Box 666 P.O.Box 40 Longmont,CO Longmont,CO 299 Palmer Ave. 8500 Mimi Road Lalayette,CO 600 Briggs 100 So.Forest St. 80501 80504 Mead,CO80542 Niwo6 CO 80544 80028 Erie.CO 80516 Dacono.CO 80514 EXHIBIT ' BB STATE OF COLORADO I )llchard D.Lamm,Governor k,_ EFARTMENT OF NATURAL RESOURCES ' - VJItd ti '. ' - DIVISION OF WILDLIFE o 5 Jack R,Grleb, Director - 3 ' +7 -- ``.eoso Broadway .. O O P =114, Denver, Colorado 60216.(625-1192) , . ' , C • Dick AllenH. t � 0 :March F 198 _ Varra Enterprises EXHIBIT 750 Boston f'';:•. 1,1. Longmont, Co. 8050]_ n` • s Pear Sirs: . t.rr �. := ` I received and reviewed the proposal for your gravel operation located north-east >-,': of the Saint Vrain River and Weld County_Road,:#13. I am writing concerning the +'r,.: : .;. ' wildlife values and possible conflicts that can be anticipated with your project. . To begin with, rare or endangered species present.'a primary;concern .where land change :projects are concerned.; The only such specie that is likely to be, present , . here would be nn occasional bald eagle. Occasional stop-overs by eagles utilizing h:ki -the river area would most likely occur during winter migrations. T°'T Other wildlife which could be expected to utilize this area would include: mammals birds mule deer* golden eagle* !, `jackrabbits bald eagles* "{{,_ " cotton tailed rabbit various owls, hawks, and falcons* ' red fox Canadian geese c', coyote ring-necked pheasants ," ,r. - skunks various waterfowl sp,* various song and non-game birds* Various aquatic -aildlife(fish, amphibians, reptiles and insects) are located in . '-,f 1 the existinr, ponis and in the river. *Note:indioates seasonal or sporadic presenre. Considering t.hn above wildlife, conflicte can he minimized or avoided in several ways. " Short-term conflicts can be limited by running maxi.mum' operations during periods when wildlife utilization is low. Peak use and need periods- would include • the nesting and breeding periods (May^June for most species); and migration periods for the seasonal visitbrs(generally October-December and'.Harch-May). ht Times of primary concern would be the fall migration and breeding-nesting periods,. . i;A1- Long term conflicts are of major concern. Wildlife may shift to surrounding or ,.; alternate areas during ,operation po;iods.--If the resultant property is rehabil- , itated properly most wildlife-Will return.' To support the maximum variety of wildlife, -avariety of habitat types is essential. ,- ;y' Each specie has it's own requirements and most prefer the "edge" effect formed ' nx where several 'labitnt types converge. Thus planting a variety of plant types' and ' (cont.) . - . . 40 DEPARTMENT OF NATURAL RESOURCES,Harris Sherman, Executive Director • WILDLIFE COMMISSION, Vernon C. Williams, Chairman t!rl, �>.,,- Thomas Farley Vice Chairman • Sam Caudill, Secretary • Jean K. Tool,Member • Roger Clark,Member t f bg ' STATE OF COLORADO - •I2. Richard D.Lamm,Governor _ DEPARTMENT OF NATURAL RESOURCES j``��,OR�jQO l ,P -DIVISION OF WILDLIFE o ack R. Grieb, Director 6060 Broadway - � �'�'0P` I,.. P" ' Denver, Colorado 80216 (626-1192) page 2 (cont.) arrangements can create an overall habitat which is compatible for a number of species. In summary, this projects conflicts with rare or endangered species (bald eagles) should be minimal and is not expected to be avoidable. In this case the conflicts with the more common wildlife is 'of more concern, with the prover rehabilitation of the property being of utmost importance. If I can be of any Assistance in I planning this rehab. , feel free to contact me. h,(• Sincerely, • • Ronald R. Oehlkers • • district wildlife manager Longmont south 1921 Cambridge Dr. Longmont, CO. 80501 • ':;m ' DEPARTMENT OF NATURAL RESOURCES,Harris Sherman,Executive Director • WILDLIFE COMMISSION, Vernon C. Williams, Chairman Thomas Farley, Vice Chairman • Sam Caudill, Secretary • Jean K. Tool,Member • Roger Clark,Member Jay K.Childress,Member • Dean Hull,Member • Dean Suttle,Member RECEIVED t(iea DEC 0 9 1998 rupoof via1mtc;niervir Weld County Referral ' December 8, 1998 C. COLORADO The Weld County Department of Planning Services has received the following item for review: Applicant Colorado Groundwater Case Number 3rd AmUSR-248 Resource Services/Varra Companies Please Reply By December 29, 1998 Planner Ben Patton Project 3rd Amendment to a Site Specific Development Plan and Use by Special Review Permit for a Coal Ash Burial Project. • Legal Part of the NW4 of Section 31, T3N, R67W of the 6th P.M., Weld County, • Colorado. • Location Approximately 1 mile north of WCR 26; approximately 1 mile west of WCR 15. • Parcel Number 1209 31 000049 • The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Weld County Planning Commission Hearing (if applicable) January 19, 1999 LI We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. See attached letter. Comments: Signature C *14.4-^11 Date I — ( �} .— qAgencyn�(2h4LL/J`.(AALe L36 -off •:•Weld County Planning Dept. •:1400 N. 17th Ave. Greeley, CO.80631 •:•(970)353-6100 ext.3540 :•(970) 352-6312 fax reset: r. MEMORANDUM ID TO: Ben Patton, Planner DATE: January 18, 1999 iglL O FROM: Donald Carroll, Engineering Administrator pi COLORADO SUBJECT: 3rd AmUSR-248; Colorado Groundwater Resource Services/ Varra Companies The Weld County Public Works Department has reviewed this proposal. This project falls primarily under the purview of the Weld County Use by Special Review Permit. Our requirements are as follows: 1. WCR 13: The Weld County Public Works Department is requiring the amendment of the Road Maintenance and Improvements Agreement with Varra Companies. The old agreement, dated 1985, shall be updated to reflect current requirements. Attached is the Amended Road Maintenance and Improvements Agreement. • cc: Frank B. Hempen, Jr., P.E., Director of Public Works/County Engineer 3rd AmUSR-248 plan17 • EXHIBIT � a � STATE OF COLORADO DIVISION OF MINERALS AND GEOLOGY Department of n(Natural Resources I e 4 Sherman do Room 215 Weld County Planning Dept. Denver,Colorado 8(oom County Phone-({09 866-{567 LAX_(40.0 8 3-'-if I06 DEC 2 81998 DEPARTMENT OF NATURAL December 23. 1998 eel vED RESOURCES Roy Romer Mr. Christopher L. Varra Governor Varra Companies Inc. lames S.I hhead 2130 S 96th St Executive Director Broomfield, CO 80020 Michael B.Long Division Director RE: Varra Companies, Pit No. I. Weld County, MLRB Permit No. M-74-052: USR Permit 248; CGRS no. 1-135-2755 Dear Mr. Varra, The Weld County Planning Department has invited DMG to review and comment on the following application: "Amendment to a Site Specific Development Plan and Use by Special Review Permit for a Coal Ash Burial Project." CGRS Inc. submitted this application on your behalf for the captioned operation. By way of background, this Division has been generally apprised of Varra Companies' proposal to dispose of coal power plant fly ash in Pit No. 1, which is in the NW/4 Section 31,T3N, R67W. We have discussed part of the proposal with your consultant CGRS, the Solid Waste Disposal unit of CDPHE, and the Weld County Planning Department. The invitation to review the application to Weld County apparently follows from those previous discussions. The Division respectfully does not wish to comment on your application to the Weld County Planning Department, as their County land use authority is separate and distinct from this Division's obligations under the Mined Land Reclamation Act. Please know that while this letter does not constitute a review of the Application to Weld County, neither does it supplant the possible need for reclamation plan revisions or amendments to be filed with this Division. We would anticipate that,except perhaps as described below, you might need to revise your permit with this Division to allow for disposal and field testing of the fly ash. As implementing agency for groundwater regulations at mining sites, this Division may also require certain leach testing of the fly ash and/or groundwater monitoring at the site. In an earlier meeting with Weld County and CDPHE, Glenn Mallory of the HMWMD indicated that DMG's groundwater authority, as it may relate to fly ash disposal at this site only. might be accepted by the HMWMD. As a classified solid waste, fly ash is regulated by the HMWMD. If the HMWMD elects to cover that part of your Pit No. I MLRB permit, then DMG would anticipate a request from you to amend the permit to remove the appropriate acreage from the permit and return some portion of the reclamation bond. At last contact Mr. Mallory had not yet determined whether to accept such responsibility so, until HMWMD elects otherwise, DMG would continue to exercise groundwater implementation authority at this site. EXHIBIT I would be pleased to discuss possible testing and/or monitoring relative to the fly ash disposal, or you may wish to contact Mr. Carl Mount at this office. Meanwhile, we look forward to working with you on this project and will do what we can to assist in any way we can. Sincerely, s Harry H. Posey CC: Carl Mount, DMG Bruce Humphries, DMG Jim Pendleton, DMG Ben Patton Weld County Planning Dept. 1400 N. 17th Ave. Greeley,CO 80631 Glenn Mallory CDPHE—HMWMD 4300 Cherry Creek Drive South Denver,CO 80246-1530 Jobey Adams CGRS Inc. P.O. Box 1489 Fort Collins,CO 80522 m:\min\hhp\Varra fly ash Weld County Plannid County Referral ' C DEC 2 9 1998 December 8, 1998 COLORADO RECEIVED The Weld County Department of Planning Services has received the following item for review: Applicant Colorado Groundwater Case Number 3rd AmUSR-248 €, Resource Services/Varra €( Companies Please Reply By December 29, 1998 Planner Ben Patton Project 3rd Amendment to a Site Specific Development Plan and Use by Special Review £ Permit for a Coal Ash Burial Project. Legal Part of the NW4 of Section 31, T3N, R67W of the 6th P.M., Weld County, Colorado. _ a Location Approximately 1 mile north of WCR 26; approximately 1 mile west of WCR 15. Parcel Number 1209 31 000049 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Weld County Planning Commission Hearing (if applicable) January 19, 1999 ❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. O'See attached letter. Comments: Signature Date /,V i/fr Agency s , •:Weld County Planning Dept. •:1400 N- 17th Ave. Greeley, CO. 80631 :•(970)353-6100 ext.3540 :•(97 EXHIBIT Re') Longmont Soil Conservation District 9595 Nelson Road, Box D-Longmont, CO 80501 -(303)776-4034 December 24, 1998 TO: Weld County Planning Dept . 1400 N. 17th Ave . Greeley, CO 80631 FROM: Longmont Soil Conservation District RE: Varra Companies 3rd AmUSR-248 LOCATION In section 31 of 3N-67W. This is in the gravel mines just south of Rademacher Farms headquarters . COMMENTS This a project to research the adverse liabilities of coal ash burial in saturated gravel pits . The project will last for 3 months . During the project time they will bury coal ash and evaluate any impacts that this may have on the surrounding ground water. CONCERNS Our concern is that should there be unanticipated adverse effects to the ground water that they may not be able to adequately clean up the site if the experiment fails . Thank you for the opportunity to comment . � 40 CONSERVATION - DEVELOPMENT - SELF-GOVERNMENT Hello