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Home My WebLink About20012776 Varra Companies, Inc. Office of Special Projects 1431 East 16th Street Greeley,Colorado 80631 Telephone(970)353-8310 Fax(970)353-4047 Friday 14 September 2001 Chris Gathman, Planner Weld County Department of Planning Services yI, 1555 North 17th Avenue ty Greeley, Colorado 80631 Coy Subject: Clarification of correpondence of 7 and 10 September 2001. Use by Special Review Application „,2 e Varra Companies, Inc. p North Metro Distribution Center et Jr S/2NW/4; Section 25; Township 1 North; Range 68 West; and, /� N/2SW/4; Section 25; Township 1 North; Range 68 West; all in the 6® 6th P.M.; Weld County, Colorado. For purposes of clarification respective of our telephone conference of Wednesday 12 September 2001: 1. Imported Water: The established source of water for import to the location of the proposed USR will initially occur from our Central Weld County Water Tap located at our existing permitted mining operation in Section 2; Township 2 North, Range 68 West, 6'"P.M. and otherwise known as Pit 112. We anticipate developing other sources, including, but not limited to the City and county of Broomfield, the Town of Erie,the Town of Dacono, and others. 2. FRICO: The included memorandum is from Manuel Montoya, and is intended to reflect the on-going good faith negotiations for the accommodation of the mutual interests of the two organizations. 3. Traffic Impact Study: It is my understanding that you have spoken with Diane Houghtaling with Weld County Public Works and have confirmed that the traffic impact study has been approved. Trusting that the majority items necessary to schedule the matter of USR 1341 before the Weld County Board of County Commissioners, please set the matter at the earliest possible date and inform us at your earliest convenience as to the status of this concern. Thank-you for your time and kind assistance. Respectfully, Varra Companies, Inc. (2J radfo J. ,es Profes '. Forester EXHIBIT cc. Christopher L. Varra, President Varra Companies, Inc. USEEitI I 1 2001-2776 Donald Carroll,Engineering Administrator Weld County Public Works Enclosures: 1. Correspondence from Manuel Montoya, Farmers Reservoir and Irrigation Company (FRICO). BLJ/blj. Varra Companies,Inc.—North Metro Distribution Center 2 Weld County Use by Special Review—May 2001 Correspondence to Chris Gathman,Planner—Frdiay 14 September 2001 -- Manuel Montoya From: Manuel Montoya Sent: Friday, September 14, 2001 10:08 AM To: 'bljforester@msn.com' Subject: FW: Bull Canal House Contacts: Bob Lembke —Original Message-- From: Manuel Montoya Sent: Wednesday, September 12, 2001 9:51 AM To: BLJforester@msn.com' Subject: Bull Canal House TO: Brad Janes I FROM: Manuel Montoya II'? a ))' ,p I nil-,,, .6\ Cj�,lR r R m o nccj4 I agree that we are continuing to move/forward with negotiations to relo a to another parcel and w build a house. I hope that we can come to terms regarding this matter and am not sure if the initial proposal gets us there. Also included the is emergency access along the Bull canal. We have found a parcel that would suite our needs for$100,000 and the cost to build a house is about$100,000 and the balance of the cost for water tap, septic and misc.would be about $50,000. My best guess is that the cost to trade out is in the$250,000 range. I need to know if these numbers are in the ball park for Mr. Varra. Varra Companies, Inc. Office of Special Projects 1431 East 16th Street + Greeley, Colorado 80631 + Telephone(970)353-8310 + FAX 970)353-4047 TRANSMITTAL Tuesday 11 September 2001 To: Diane M.Houghtaling,P.E. Traffic Engineer Weld County Road&Bridge P.O.Box 758 1111 H. Street Greeley, Colorado 80632 Telephone: (970)356-4000 x3750 Fax Line: (970)304.6497 From: Bradford Janes Professional Forester Subject Traffic Impact Study from Carter-Burgess RE: Varra Companies,Inc. -North Metro Distribution Center-Weld County USR 1341. S/2NW/4; Sec. 25;Township 1 North;Range 68 West;6`s P.M.; Weld County Colorado Dear Diane: Per the instructions of Carter Burgess,Paul F. Brown,P.E.,enclosed find a copy of Paul F.Brown's colas._ndence of 10 September 2001,which we understand will satisfy the final concerns of your department respective of the related Traffic Impact Study. Please inform us as soon as possible as to the status of this subject. Naturally,if this office can assist you in any manner respective of this review,please do not hesitate to contact me. Thank-you again for kind assistance. Respectfully, Varra Companies, Inc. �f 4 Bradford Janees Professional Forester Enclosure: Correspondence of 10 September 2001 pertaining to the Traffic Impact Study from Carter-Burgess. cc. Paul Brown Carter-Burgess Christopher L. Varra,President VarraCompanies,Inc. ?h'eid County Planning Dept. Chris Gadunan,Planner Weld County Dept. of Planning Services BLJ/blj. RECEVED C `l! D [4. EXHIBIT E Carter Burgess ,0e Denver, Colorado 80202 5]]f 303.8205240 September 10, 2001 ox 303 870 2407 w.c b-corn Mr. Chris Varra Varra Companies, Inc. P.O. Box 2049 Broomfield, CO 80038 Re: North Metro Distribution Center Traffic Impact Study Weld County Comments Dear Mr. Varra: We have had conversations with Diane Houghteling from Weld County regarding the above study. She has asked for the following information: 1. Clarification of the selected haul route— The southern haul route is preferred, as outlined in the study. However, because employee trips will not be required to use the haul route, there are auto trips that will distribute north of the proposed facility. These employee and visitor trips are anticipated to include approximately 60% of the overall site traffic. The correct distributions for both trip types are reflected in the future volumes shown in the study report. 2. Professional Engineer's Seal—The County requires that the report be sealed by a professional engineer. Per discussions with the County, we will not reissue the report to meet this requirement. This letter has been signed and sealed to fulfill this requirement. Please forward a copy of this letter to the County as part of your development review process. We appreciate the opportunity to provide you with these professional services. If you have any questions regarding this letter, please call me at 303/820-5244. Sincer of NEW • Alt Paul F. Brown, PE *3 Project Engineer *I �,,r , .; r'� f i cc: Bradford Janes. Vann % N0, woo Vj Joe Hart, C&B AI9OFEsS Ow File 070837.100.1.0006 Monday 10 September 2001 Chris Gathman, Planner Weld County Department of Planning Services 1555 North 17'"Avenue Greeley, Colorado 80631 Subject: Correction to Friday 7 September 2001 correspondence. Use by Special Review Application Varra Companies, Inc. North Metro Distribution Center S/2NW/4; Section 25; Township I North; Range 68 West; and, N/2SW/4; Section 25; Township I North; Range 68 West;all in the 6s'P.M.; Weld County, Colorado. Dear Chris: In my correspondence, several responses pertaining to the completion of Section 2—Parts A through F -of the Resolution for USR— 1341 indicated the information was `iterated' below; but wasn't...so here they are... C. This requirement was addressed previously and is iterated below. It is my understanding that this was sufficient to satisfy the County at that time. From correspondence to your office of Tuesday 17 July 2001 - Water Resources for Operations: As we have discussed, and in accordance with previous correspondence to your office of 9 July 2001, we will restrict plant operations to operate within the constraints of two water truck deliveries of 5,000 gallons per vehicle. This is adequate to operate once concrete batch plant facility and one asphalt batch plant facility until such a time as either a commercial well or water tap become available. The wet sand and gravel processing facility will not operate until such a time as a permanent source of water is available to the parcel. Any dry processing of sand and gravel will function within the constraints of existing water deliveries. To the extent possible, on-site water will be recycled to facilitate operations. D. This requirement was addressed previously and is iterated below. It is my understanding that this was sufficient to satisfy the County at that time. From correspondence to your office of Tuesday 17 July 2001 - Landscape Plan:The landscape plan provided with the application utilizes native grasses that will not require the use of supplemental water. The native locust and green ash trees will benefit from some supplemental water if carefully administered. The plan will result is less than 100 stems along the southern boundary. Tensiometers will be placed at two locations to monitor native field moisture of the soils. When indicated, approximately two to four gallons of water will be 1 applied to each stem, or less than 200 gallons of water, which is well within the constraints of the 10,000 gallon per day water delivery for plant operations. E. This requirement was addressed previously and is iterated below. It is my understanding that this was sufficient to satisfy the County at that time. Since the Secondary Access portrayed in the revised Plot Plan is `Preliminary' and pending approval of final agreement with FRICO, we will follow-up immediately with the Brighton Fire Protection District immediately following the establishment of the final agreement with FRICO as a condition of USR approval. From correspondence to your office of Tuesday 17 July 2001 - Brighton Fire Protection District Comments of 3 July 2001: The District's concerns will be met by the operator as detailed in subsequent Building permits. Respective of a secondary access, a gravel surface access road will be established approximately 250 to 500 feet North of the centerline of the primary access road already shown in the plot plan. The access road details will be provided on an updated plot plan map prior to the planned Weld County Commissioner hearing. This access will also serve the planned commercial facility and operations. As an addendum to this information,the actual location of the secondary access will in part remain dependent upon finalization of an agreement with FRICO, as indicated in the 7 September 2001 correspondence and included map showing the `Preliminary' location of the secondary access road. The Planning Dept. will be updated as information respective of this consideration develops. This should fill out the information inadvertently left out of the 7 September 2001 correspondence, Chris. Regardless, if you need clarification or additional information, please feel free to contact me. Thank-you again for your kind consideration. Respectfully, Varra Companies, Inc. L - e✓ Brad rd anes Prof:• 'onal Forester cc. Christopher L. Varra, President Varra Companies, Inc. BLJ/blj. 2 Varra Companies, Inc. Office of Special Projects 1431 East 16th Street Greeley, Colorado 80631 Telephone(970)353-8310 Fax(970)353-4047 Friday 7 September 2001 Chris Gathman, Planner Weld County Department of Planning Services 1555 North 17t Avenue Er r. g ti,v Greeley, Colorado 80631 t , (w Li Subject: Use by Special Review Application Varra Companies, Inc. North Metro Distribution Center S/2NW/4; Section 25; Township 1 North; Range 68 West; and, N/2SW/4; Section 25; Township 1 North; Range 68 West; all in the 6'"P.M.; Weld County, Colorado. As set forth below, with respect for your determination of the same; witness the completion of Section 2— Parts A through F -of the Resolution for USR— 1341, as determined by the Weld County Planning Commission on 17 July 2001 —please schedule the USR for a Board of County Commissioners hearing: A. RME Petroleum Company; RME Land Corp.; Union Pacific Land Resources Corporation; and the concerns expressed by their representative Molly Summerville of Welborn-Sullivan- Meck& Tooley, P.C. were evaluated by a qualified geologist and by legal review of their specific concerns outlined in their correspondence to the County of 9 July 2001. The opinion of these qualified specialists is that the information evidenced and brought forward by the respondents is without merit. Their supporting correspondence is included. Respective of the concerns expressed by representatives of H.S. Resources, Inc.; H.S. Gathering, L.L.C. and Davis Graham& Stubbs, L.L.P., it is our understanding that there is adequate space to accommodate existing and planned activities of both surface and subsurface activities, as reflected in our correspondence to these entities of 7 September 2001. The information is based upon our meeting in the field with Chris Greneaux, landman for H.S. Resources, Inc., where we discussed and determined the options for concerns expressed by H.S. Resources. Upon review of the mineral lease and related considerations, as expressed in our correspondence; and, while qualified differences of opinion may remain between our two organizations; a genuine attempt to consider, evaluate and accommodate H.S. Resources has occurred, and a reasonable accommodation is evidenced. The elements of accommodation efforts is summarized as part of this submittal. Also included is an excellent example of how oil and gas exploration and drilling can be mutually accommodated in our agreement with Snyder Oil Corporation(SOCO), now Patina Oil and Gas Corporation. You will notice that in the agreement, SOCO preserves the interests of both surface and mining activity, while consolidating their impact over an entire section via slant drilling, utilizing existing roads or easements for access, and doing their part to maintain the same. Our experience with Patina has been a good one, largely supported by good communications and a mutual willingness to cooperate and apply reason,while avoiding the introduction of untenable options or the use of previously undisclosed information as a measure to secure a singular interest. EXHIBIT 1 IUSt2 1131; Fortunately, where less accommodating circumstances are encountered,there are standards in place in Weld County that oil, gas and other subsurface interests must adhere to; as reflected in Section 22-5-100 of the Weld County Code. Specifically, Section 22-5-100(A). OG. Goal 1. 'Oil and gas exploration and production should occur in a manner which minimizes the impact to agricultural uses and the environment and reduces the conflicts between mineral development and current and future surface uses.' Additionally, Section 22-5-100(B)(5)OG Policy 1.5, reads in part... 'Oil and gas exploration and production should be conducted in a manner which minimizes interference with existing surface use and mitigates the impact on future land uses.' B. The Department of Public Works has reviewed the Traffic Impact Study developed by Carter & Burgess, and their approval is imminent. C. This requirement was addressed previously and is iterated below. It is my understanding that this was sufficient to satisfy the County at that time. D. This requirement was addressed previously and is iterated below. It is my understanding that this was sufficient to satisfy the County at that time. E. This requirement was addressed previously and is iterated below. It is my understanding that this was sufficient to satisfy the County at that time. Since the Secondary Access portrayed in the revised Plot Plan is `Preliminary' and pending approval of final agreement with FRICO,we will follow-up immediately with the Brighton Fire Protection District immediately following the establishment of the final agreement with FRICO as a condition of USR approval. F. A letter from Manuel Montoya, General Manager for FRICO, is forthcoming which to my understanding will evidence that accommodation with FRICO is proceeding in good faith. I will forward this correspondence to your office as soon as I receive it. I trust this will satisfy these final concerns respective of this submittal. Regardless, should you need clarification or additional information, please feel free to contact me. Thank-you again for your kind consideration. Respectfully, Varra Companies, Inc. Br df. d Janes Pro sional Forester cc. Christopher L. Varra, President Varra Companies, Inc. BLJ/blj. Varra Companies,Inc.—North Metro Distribution Center 2 Weld County Use by Special Review—May 2001 Correspondence to Chris Gathman,Planner—Friday 7 September 2001 BOATRIGHT, RIPP & SHARPE, LLC Attorneys at Law 43t:WADSWORTH BOULEVARD WHEAT RIDGE.COLORADO 80033 TELEPHONE (303)423-7131 THOMAS R RIPP FAX (303)423-7139 luau i VV• )'.I wC Luct August 7,2001 Members of the Planning Commission and the Board of County Commissioners of Weld County 1555 N. 17th Avenue Greeley, Colorado 80631 RE: Varm Companies,Inc. USR 1341 Township 1 North, Range 68 West Section 25: SNW4 (portion) weld County, Colorado Dear Commissioners: You recently received a letter dated July 9, 2001,from the attorney for RIv1E Land Corporation and RME Petroleum Corporation(referred to in this letter collectively as"RME"). RME objects to USR application 1341 on the grounds the surface owner has not entered into an agreement with RME concerning the development. Varra Companies, Inc. ("Var:a")does not dispute that RML owns the mineral rights in the property covered by USR 1341. There is a marginal oil well on the property. It is also likely that there is a coal seam under or near the property. Coal mining on this type of property, however,has not been economically viable on the front range of Colorado for decades There have been no active coal mines in the area since 1979,and only three mines have operated since the 1950s. A U.S. Geological Survey Report written in 1999, a copy of which is attached to this letter, concluded that coal in the Denver Basin in not likely to be recovered for at least the next twenty to thirty years. In addition, due to subsidence issues,obtaining a permit to extract coal in this area may be impossible. It is not an accident that there has been no coal development on the properly between 1902, when the mineral rights were granted to RME's predecessor in interest, and 2001. = EXHIBIT uslp�l3Nl • Members of the Planning Commission August 7,2001 Page Two (2) Indeed, the fact that the property is used for the"dirty industry" of oil drilling, and may be used for coal mining at some future date,supports the appropriateness of the operation of an asphalt and concrete batch plant as a land use. It is better to develop this type of operation on property that already has a mining/industrial use,than on a property where this use could pose a new source of discontent to residential,agricultural and environmental interests. Good corporate citizens, like Varra, prefer to develop existing"brown fields,"rather than pristine"green fields,"when it is feasible to do so. The fact that asphalt and concrete batch plants are temporary structures, typically in place for only five or ten years on only a small part of the entire parcel of land,rather than a form of permanent development that covers the entire parcel,also mitigates any concerns that may be raised about interference with the rights of the mineral owner by the surface owner. Varra notes that it has not failed to give any legally required notice to RME. House Bill 01-1088 took effect after Varra made its application to the commissioners.' Furthermore,the letter you received from RME's able attorney shows that RME received actual notice of Varra's application. So,RME has not been harmed in any way by a lack of formal notice,which is the only right HB 01-1088 provides to mineral interest owners. RME implies in its letter that it has a legal right to an agreement concerning development of the property with the surface owner. But, RME knows that while it has a right to input into the USR approval process,like any other citizen, it does not have a right to veto the commissioner's actions regarding the USR. Similarly,RME does not have any legal right to demand that the surface owner enter into an agreement with it. RME is objecting to this USR not for the purpose of preserving its own rights, but for the purpose of shaking down a local business for money in exchange for worthless coal rights. RME's private discussions with Varra have been more revealing than its public statements. RhvIE has not asked for any restraint in development activity from Varra, because it will probably never be economically feasible to mine the coal under this land. Instead,RME has simply threatened to bog down the development approval process for Varra, unless Varra pays RME $10,350 to buy back RME's mineral rights. RME's threat that Weld County approval of this USR could constitute a constitutional taking is idle. Enacting regulations which effectively deprive an owner of property can constitute a constitutional taking, for which the property owner is entitled to compensation under the Fourteenth Amendment to the United States Constitution.2 Indeed, this principal applies with equal force to regulatory actions which deprive a surface owner of all reasonable the use of his property.3 For example.it might constitute a "taking" if Weld County refused to allow Varra to make any permanent ' The effective date of the bill was July I,2001. HB 01-1088, Section 7(signed by Governor,April 30,2001). 2.Notion r. California Coastal Com'n,483 U.S. 823,94 S.Ct. 3193.41 L.Ed.2d 67(1987)(government requirement that ocean Front property owner grant a new public easement across his land was a taking). 3 See e.g., East Coast Lumber Terminal v. Town of Babylon, 174 F.2d 106(2d Or. 1949). Members of the Planning Commission August 7, 2001 Page Three(3) construction of any type on the property in deference to the mineral interest owner's alleged rights. But, the U.S. Constitution still permits substantial regulation of a mineral owner's property rights.' Furthermore,no court has ever held that allowing a property's surface owner to use property free of the limitations ordinarily imposed by a provision of a county land use code constitutes a governmental taking. Regulation of property rights is measured for constitutional "takings"purposes against the right to use one's own property as one sees ft.` Freeing a private land owner from governmental regulations which would otherwise apply, is not a deprivation of property subject to Fourteenth Amendment. A government's act of saying"no" is sometimes a constitutional "taking",but saying"yes"is never a constitutional "taking." The mineral interest owner might, conceivably,have a right to sue the surface owner, if the surface owner's use of the property exceeded the scope of a surface owner's rights. But, in that case. it is the act of the surface owner, and not the act of the government that injuries the mineral owner. Varra is not itself concerned about any private suit from RME, because a surface owner enjoys the right to use the entire surface of the land without the consent of the mineral owner, as long as the use does not preclude exercise of the mineral owners privilege to use the land to reach and extract minerals.° A mineral interest owner must support the surface in the course of its mining operations, and does not have a right to injure or destroy the surface except as necessary to access the mining sites and drill a tunnel to the mineral deposits, unless the mineral deed expressly provides otherwise.? In fact, even when all mineral rights are severed from the surface rights, as they have been in this case,the surface owner retains the sand and gravel rights to the property.8 And, sand and gravel rights necessarily include the right to erect machinery not unlike the asphalt and concrete batch plant Varra proposes to erect here. ''See e.g., Keystone Bituminous Coal Ass'u v. Defenedictls,480 U.S.470, 107 S.Ct. 1232,94 L.Ed.2d 472(1987) (prohibition of mining 50%of coal under pre-existing buildings and cemeteries is not a constitutional taking); Texaco, Inc. v. Short,454 U.S.516, 102 S.Ct. 781,70 L.Ed.2d 738(1982)(law causing forfeiture of mineral leases upon failure to record renewal every twenty years is not a taking);Murphy v.Amoco Production Co.,729 F.2d 552(8°i Cir. 1984) (statutes requiring owners of mineral interests created be Pore enactment of the statute to compensate surface owners for actual damages caused by mining and drilling are not takings). snow/helm v. Board of County Corn'rs al-Douglas County,904 P.2d 1337(Cob.App. 1995)afId 926 P.2d 545(Colo. 1996). Gerrity Oil& Gas Corp. V. Magness,946 P.2d 913(Colo. 1997). Smith y. Moore, 172 Colo.440.474 P.2d 794(1970).Rocky Mouhinain File!CO. v Heflin, [48 Colo.415,366 P.2d 577 (1962); William E. Russell Coal Co. v. Board of County Com'rs of boulder County, 129 Colo.330,270 P.2d 772(1954); Burt v. Rocky Mountain Fuel Co.. 71 Cob.205,205 P. 741 (1922). °Farrell v. Sayre, 129 Colo.368.270 P.2d 190(1954). Members of the Planning Commission August 7. 2001 Page Four(4) If the coal seam under the USR land suddenly becomes viable during the term of the USR, Varra, as a surface owner with prior notice of the mineral interest, will have every legal incentive to make way for mineral development as a consequence of the property rights of mineral owners as a consequence of the legal authority cited by RME's attorney in her letter to you. No development stipulations or independent agreements with the mineral owners are necessary to secure this cooperation. But,until then, RME's mineral rights are not a matter which should concern the commission. The commission should simply consider this USR application on its merits without giving any special weight to RME's ungrounded concerns and unreasonable demands. Sincerely, BOATRIGHT, RIPP&SHARPE,LLC omas R. Ripp AOW:TRR:lma cc: Weld County Attorney, Molly Summerville, Client BOATRIGHT, RIPP & SHARPE, LLC Attorneys at Law 4315 WADS WORTH BOULEVARD WHEAT RIDGE,COLORADO 80033 THOMAS R RIPP TELEPHONE (303)423.713! FAX (303)423-7139 to mri pp(t1'q west.net August 7,2001 Lee D. Morrison P.O. Box 948 Greeley, Colorado 80632 Dear Lee: I'd appreciate it if you could review the enclosed letter to the Board of County Commissioners, and present it to them. If you have any questions,feel free to call me. Sincerely, BOATRIGHT,RIPP&S LC omas . Ipp 4 EXHIBIT u iV tag1 ENVIRONMENTAL• CONSTRUCTION • COMPLIANCE July 24, 2001 Chris Varra Varra Companies, Inc 12910 WCR 13 Longmont, CO 80504 RE: USR 1341 RME Complaint to Weld County Planning Weld County, Colorado Dear Chris: I have reviewed the information provided by counsel for RME Land Corporation regarding mineral rights associated with USR 1341. RME's counsel has filed an objection with Weld County asserting that the development of an asphalt and concrete batch plant may make mineral resources that underlie the property undevelopeable. It is our opinion that their objection is without merit and is not substantiated by any facts that support their objection. In my opinion Weld County should not consider RME's objection for the following reasons. ➢ RME has not provided any information that substantiates the volume of coal resources beneath the project area other than vague and generalized coal resource data. A USGS map shows mine development in close proximity to the proposed site (USGS Map 1-2735). The fact that these mines are adjacent but did not encroach into the proposed development area may indicate presence of uneconomical coal deposits beneath the proposed development. ➢ There has not been any active coal mines since 1979 in this area, with only three mines operating since the 1950s. A 1999, USGS report, summarizing Tertiary coal resources, concludes that coal in the Denver Basin will not likely be recovered for at least the next 20 to 30 years. This is due to the abundance of high quality, low cost coal in western Colorado and northern Wyoming (USGS Professional Paper 1625A attached herein). In addition, due to subsidence issues obtaining a permit to extract coal in this area may not be attainable. • The extraction cost of coal from a new mine venture would exceed current coal prices. Coal prices have risen sharply within the last year but still remain volatile. This makes undertaking a new mine venture less likely in the near future. • RME has not provided any information, which indicates how proposed operations would preclude the recovery of coal resources. Similar operations exist over abandoned coal mines in this area, which indicates that proposed operations would not hinder RME in recovering coal. P.O. BOX 1489 • FORT COLLINS, COLORADO 80522 • PHONE: 970-493-7780 • FAX: 970-493-7986 Mr.Chris Varra July 24,2001 Page 2 ➢ RME has offered to relinquish its mineral rights (other than oil and gas) for a sum of $10,350. This indicates RME is not interested in resource development, rather it seeks a nuisance fee from Varra Companies to remove its complaint to Weld County. RME has not presented any facts to give merit to its complaint other than saying coal resources exist beneath the proposed development—which can be said for a large portion of the Denver Basin. It is our opinion that Weld County will recognize that the proposed operations are a benefit to the County's infrastructure and that RME's complaint is an attempt to manipulate governmental process to their benefit. If you have any questions regarding this letter, please contact me at (800) 288-2657. Sincerely, CGRS, INC. t4L.AAC__ Jo . Adams, P.G. Vice President Attachments USGS science for a changing world 4"1P Chapter SD Dow- SUMMARY OF TERTIARY COAL RESOURCES OF THE DENVER BASIN, COLORADO By D. J. Nichols in U.S. Geological Survey Professional Paper 1625-A EXHIBIT use ltoir Click here.or on this symbol 1999 Resource assessment of selected Tertiary coal beds and in the toolbar to return. zones in the Northern Rocky Mountains and Great Plains region. U.S.Geological Survey Professional Paper l62 -A USGS --® science for a changing world Contents Introduction SD-1 Stratigraphy SD-1 Description of Coal Zone SD-2 Coal Quality SD-3 Original Resources SD-4 Production History SD-4 Conclusions SD-5 References Cited SD-6 Figures SD-l. Geologic map of the Denver Basin. SD-2. Index map of the Denver Basin. SD-3. Generalized stratigraphy of uppermost Cretaceous and lower Tertiary rocks in the Denver Basin. SD-4. Generalized stratigraphy of the Denver lignite zone in the Scranton district (central Denver Basin) and Ramah-Fondis area(southern Denver Basin). SD-5. Lignite bed of the Denver Formation in outcrop in Big Gulch, Elbert County, Colorado, in the Ramah-Fondis area. Table SD-I . Ranges of analyses of Denver Formation lignite (as-received basis) SD-ii Click here or cii this Symbol 999 Resource assessment of selected Tertiary coal beds and in the toolbar to (ettio' zones in the Northern Rocky Mountains and Great Plains region. U.S.Geological Survey Professional Paper 1625-A USGS ® science science fete changing world INTRODUCTION The Denver Basin of northeastern Colorado contains rocks predominantly of Late Cretaceous and early Tertiary age (fig. SD-1). Coal of Tertiary (early Paleocene) age is present in the upper part of the Denver Formation in the basin (fig. SD-2). These coal deposits have low importance in the current National Coal Resource Assessment. They are unlikely to be utilized within the next 20-30 years because they are of lower quality than other coal available in nearby areas. This report briefly summarizes the geology, occurrence, quality, and production history of these coal resources. Additional information can be found in the references. Coal deposits of Late Cretaceous age that also are present in the Denver Basin are not discussed in this summary. STRATIGRAPHY Figure SD-3 shows the generalized uppermost Cretaceous and lower Tertiary stratigraphy of the Denver Basin. Coal (lignite) of early Paleocene age is in the "Denver lignite zone" (Kirkham and Ladwig, 1979) within the Denver Formation. The Denver Formation itself ranges in age from Late Cretaceous (Maastrichtian) to early Paleocene. It overlies the Arapahoe Formation of Late Cretaceous age, and it is partially overlain by the mostly correlative Dawson Arkose, a unit of Maastrichtian to Eocene age present primarily in the southern part of the basin, and which lacks significant coal beds (Landis, 1959; Soister, 1978; Soister and Tschudy, 1978; Kirkham and Ladwig, 1979; Kluth and Nelson, 1988). The Denver Formation ranges in thickness from 600 to 1,580 ft and consists primarily of claystone, siltstone, and fine-grained sandstone; it includes minor conglomerate beds and local SD-1 • Clock here or on this symbol 1999 Resource assessment of selected Tertiary coal beds and in the toolbar to returli, zones in the Northern Rocky Mountains and Great Plains region. 11.S.Geological Survey Professional Paper 1625-A USGS Ns- science aschanging world lava flows. Carbonaceous shale and lignite are present in the upper 300-500 ft of the formation east of the basin axis (Kirkham and Ladwig, 1979). As shown in figure SD-2, the Denver lignite zone has two principal areas of occurrence within the basin, the Scranton district to the north, east of the city of Denver, and the Ramah-Fondis area to the south (Landis, 1959). The stratigraphy of the lignite zone differs in these two areas, as shown in figure SD-4, and the names of the significant lignite beds differ as well. The coal bed names are informal. DESCRIPTION OF COAL ZONE Outcrops of the Denver Formation lignite are scarce, and data on the thickness and lateral extent of beds is based on drill holes (Kirkham, 1978a). In the Scranton district the principal lignite beds range in thickness from 10 to 30 ft; the E lignite bed (also known as the Watkins bed) reaches a maximum thickness of 54.5 ft, and it can be traced for as much as 24 mi (Kirkham and Ladwig, 1979). There is no stratigraphic continuity of lignite beds between the northern and southern lignite areas, however. The region between the productive areas is nearly barren of lignite (Kirkham and Ladwig, 1979). In the Ramah-Fondis area the principal beds range in thickness from 5 to 10 ft or more except for the Wolf bed, which is the thickest; it ranges from 18 to 28 ft thick (Kirkham and Ladwig, 1979). In both areas, thinner lignite beds are present also. Most of the coal beds in the Denver lignite zone contain several non-coal partings, at least some of which are deposits of volcanic ash; others are SD-2 L Cilck here or OP, this symbol 1999 Resource assessment of selected Tertiary coal beds and !' to the toolba(to realm zones in the Northern Rocky Mountains and Great Plains region. U S.Geological Survey Professional Paper 1625-A USGS wodd claystone, siltstone, or sandstone (fig. SD-5). Parting thicknesses range from • less than 0.1 in to more than 2 ft. The cumulative thickness of partings amounts to 5-30 percent of the total thickness of individual beds (Kirkham and Ladwig, 1979). Detailed isopach maps of the principal lignite beds were published by Kirkham and Ladwig (1979, plates 2-4) for both the Scranton district and the Ramah-Fondis area. Brand and Eakins (1980, plates 12-22) published isopach and structure maps of the lignite beds, an isopach map of overburden, and cross sections of the Denver lignite zone in the Watkins- Lowry area (Scranton district). In the Watkins area the E lignite bed is less than 200 ft below the surface. Overburden thickness is highly variable in the Ramah-Fondis area due to erosional downcutting by local streams. Throughout much of this area the Comanche bed is within 200 ft of the surface, although west of West Bijou Creek the overburden is more than 300 ft thick. Alluvial valley floors occupy parts of both areas. COAL QUALITY Kirkham and Ladwig (1979) state that most analyses of lignite from the Denver Formation indicate that the rank of the coal is lignite A, although a few thin intervals within thick beds may rank as high as subbituminous C coal. The Comanche bed in the Ramah-Fondis area appears to have the highest quality of all Denver lignite zone deposits. The ranges of typical analyses are shown in table 1 (data from Tremain and others, 1996); detailed data are available in Kirkham (1978b) and Khalsa and Ladwig (1981). SD-3 • Click here or on this symbol 1999 Resource assessment of selected Ternary coal beds and SIC≤the toolbar to return_ zones in the Northern Rocky Mountains and Great Plains region. lJ S.Geological Survey Professional Paper 1625-A 2 USGS a --' ma- science for a changing world Table SD-1. Ranges of analyses of Denver Formation lignite (as-received basis) A y�ch v'sii r did i t h ,,�,,63$ �i RV rt 4 a L ':ii r(°�.)S 1 ° s .�. t�i ` a ., r 4,000-7,000 22-40 8-30 0.2-0.6 ORIGINAL RESOURCES Landis (1959) estimated 489 million tons of lignite to have been originally present in the Scranton district and 474 million tons in the Ramah-Fondis area. Hornbaker and others (1976) revised these estimates upward to a total of 12,469 million tons for all Paleocene coal in the Denver Basin. Kirkham and Ladwig (1979) accepted an estimate of 10-15 billion tons of lignite to be present in beds 4 ft or more in thickness within 1,000 ft of the surface in the Denver Formation. PRODUCTION HISTORY Mining of coal from the Denver lignite zone apparently began in the late 1800's. Peak production occurred in the 1920's and 1930's (Kirkham and Ladwig, 1980). Total production from early mines operating in the Scranton district was 35,789 tons (Kirkham and Ladwig, 1979). Five mines near Ramah and four near Fondis, Colorado, were in operation between 1909 and 1940; they produced a total of 3,047 tons of lignite (Kirkham and Ladwig, SD-4 Click here or on this symbol 1999 Resource assessment of selected Tertiary coal beds and in the toolbar to Xenon i. zones in the Northern Rocky Mountains and Great Plains region. -- U S.Geological Survey Professional Paper 1625-A USGS -cog 11111 science lore changing world 1979). No mining of Denver Formation lignite deposits has taken place since 1940. CONCLUSIONS The last mine that extracted lignite from the Denver Formation closed in 1940. These resources probably will not be used in power plants in the next 20-30 years because of the relative abundance of coal of better quality in nearby areas (Kirkham and Ladwig, 1980). Those areas include western Colorado and northeastern Wyoming. The present and future importance of the Denver Basin with regard to energy production is more closely linked to oil and gas resources than to coal (Higley and others, 1995). SD-5 • Click here or on this symbol 1999 Resource assessment of selected Tertiary coal beds mid in the toolbar to return zones in the Northern Rocky Mountains and Great Plains region. U.S.Geological Survey Professional Paper 1625-A ZUSGS -co msts- science fern changing work! REFERENCES CITED Brand, K.E., and Eakins, Wynn, 1980, Coal resources of the Denver East 1/2 ° x 1° quadrangle, Colorado: Colorado Geological Survey, Resource Series 13, 25 plates. Higley, D.K., Pollastro, R.M., and Clayton, J.L., 1995, Denver Basin Province, in Gautier, D.L., Dolton, G.L., Takahashi, K.I., and Varnes, K.L., eds., 1995 National Assessment of United States Oil and Gas Resources—results, methodology, and supporting data: U.S. Geological Survey Digital Data Series DDS-30, Release 2. Hornbaker, A.L., Holt, R.D., and Murray, D.K., 1976, 1975 summary of coal resources in Colorado: Colorado Geological Survey, Special Publication 9, 17 p. Khalsa, N.S., and Ladwig, L.R., eds., 1981, Colorado coal analyses 1976- 1979: Colorado Geological Survey, Information Series 10, 364 p. Kirkham, R.M., 1978a, Location map of drill holes used for coal evaluation in the Denver and Cheyenne Basins, Colorado: Colorado Geological Survey, Open-File Report 78-8. 1978b, Coal mines and coal analyses of the Denver and Cheyenne Basins, Colorado: Colorado Geological Survey, Open-File Report 78-9. Kirkham, R.M., and Ladwig, L.R., 1979, Coal resources of the Denver and Cheyenne Basins, Colorado: Colorado Geological Survey, Resource Series 5, 70 p., 5 plates. SD-6 4 click here or on this symbol 1999 Resource assessment of selected Ternary coal beds and in the toolbar to return zones in the Northern Rocky Mountains and Great Plains region, U.S.Geological Survey Professional Paper 1625-A USGS ism-- science for a changing world 1980, Energy resources of the Denver and Cheyenne Basins, Colorado: Colorado Geological Survey, Environmental Geology 12, 258 p., 2 plates. Kluth, C.F., and Nelson, S.N., 1988, Age of the Dawson Arkose, southwestern Air Force Academy, Colorado, and implications for the uplift history of the Front Range: Mountain Geologist, v. 25, no. 1, p. 29-35. Landis, E.R., 1959, Coal resources of Colorado: U. S. Geological Survey Bulletin 1072-C, 232 p., 3 plates. Soister, P.E., 1978, Geologic setting of coal in Denver Basin, in Pruitt, J.D., and Coffin, P.E., eds., Energy resources of the Denver Basin: Rocky Mountain Association of Geologists, 1978 Symposium, p. 183-185. Soister, P.E., and Tschudy, R.H., 1978, Eocene rocks in Denver Basin, in Pruitt, J.D., and Coffin, P.E., eds., Energy resources of the Denver Basin: Rocky Mountain Association of Geologists, 1978 Symposium, p. 231-235. Tremain, C.M., Hornbaker, A.L., Holt, R.D., Murray, D.K., and Ladwig, L.R., 1996, 1995 summary of coal resources in Colorado: Colorado Geological Survey, Special Publication 41, 19 p. SD-7 L Click here or on this Symbol 1999 Resource assessment of selected Tertiary coal beds and !' In the toolbar to return zones in the Northern Rocky Mountains and Great Plains region. US Geological Survey Professional Paper 1625-A Click here or on this symbol in the toolbar to return. Holocene r 105 104 Eolian deposits e I i Alluvium t ' Meru rviot<cnn 1 Gravel and alluvium `t�� I i F It Oligocene '`' ci t4 O ;1 White River Formation Eocene Boulder ilk -Wall MountainTuff 40 - _ u.avts Paleocene ar 5.. Basaltic flows in Denver Formation ri' r"i L Upper Dawson Formation 1._„ - e° , Paleocene and Cretaceous s N, .. - r vR,�'n11O1- '_.tti Denver and Lower Dawson Formations Arapahoe and Denver Formations 3r i A aria � - s - ''^ ' Upper Cretaceous EN Laramie Formation ;� 'ems fit- i ` Fox Hills Sandstone - ill Pierre Shale, undivided 'sue 1 Colorado Group _ Lower Cretaceous 1 "r �s Dakota Group Mesozoic and Paleozoic Mesozoic and Paleozoic, undifferentiated js 39 - Y Middle and Upper Pennsylvanian Iv:::5 � tELaER1 ,h:. " ;.M Fountain Formation IAN( Colorado Precambrian Springs k Na Pikes Peak Batholith I FLIER LA,PA,,O ® Biotitic gneiss and schist 0 10 20 Miles I i ' i J 0 10 20 Kilometers Figure SD-1. Geologic map of the Denver Basin. USGS science for a changing world symUol a inClick the toolbarhereor on to return.this 105° 104° ti it; Boulder 9 40° • :,:.r.' a' ,„ n i £ x0it,,,,,,,a,,,..3_. Vie_ �i a i z _ '4 ej ro a5 o-n o ri) y t Denver 34 metropolitan14 r4 area r ;ss -e r i� { �.,..... �: , s--t is fit _ r LQU . Yf%I .+ - 3 � 5 S� IS-- p' e � J -.r r. y' 4 s9° t„ Map scale R 50, Colorado ,1E a'�'`. ' ; 0 10 20 ml Springs '° 0 10 20 km Figure SD-2. Index map of the Denver Basin (orange), Colorado, showing counties, the Denver metropolitan area, other major cities, area of occurrence of potentially strippable lignite (defined as beds less than 200 ft in depth, shown in gray on map) in the Denver Formation, and coalfields where mines were activea in the past (black). The basin margin is drawn at the base of the coal-bearing part of and the Upper Cretaceous Laramie Formation. Modified from Landis (1959) and Kirkham Ldwig (1979, 1980). USGS science lora changing world ,« Click here or on this symbol _,; in the toolbar to return. S N Eocene L sty Pi tat tt + _gli f it t` , Lk r: �jJ'�i�y i ,` o '-- a , 2 (part) P ,p Sr �� 46 F 4 �a r . ,T,....,,,„,,..,,,,,,„,,,,,,„0„,,,,,,,„,4pu 1 Y hL of..l' ti "- ...:;`.'. i n .HIPIZSPON: �.: iipE xi .E; ; Paleocene Denver Formation . aG;itgir ;,; t e Upper Arapahoe Formation Cretaceous (part) Laramie Formation Figure SD-3. Generalized stratigraphy of the uppermost Cretaceous and lower Tertiary rocks in the Denver Basin. Lignite deposits of early Paleocene age exist in the Denver Formation. Modified from Landis (1959) and Kirkham and Ladwig (1979), incorporating age data from Soister and Tschudy (1978) and Kluth and Nelson (1988). di USGS science for a changing world IillilDb- « Click here or on this symbol 44, --.. in the toolbar to return. nrte... ;. ~ � . ;4 Dawson Arkose Dawson Arkose A lignite bed Wolf bed B lignite bed C lignite bed Comanche bed D lignite bed upper, middle, E lignite bed Denver and lower immoill Denver Formation Kiowa beds �� Formation unnamed mom= �� lignite beds Bijou bed i■miim Scranton district Ramah-Fondis area Figure SD-4. Generalized stratigraphy of the Denver lignite zone in the Scranton district (central Denver Basin) and Ramah-Fondis area (southern Denver Basin). After Kirkham and Ladwig (1979); not to scale. USGS science for a changing world ---'a CPck here ur on this symool iII the toolbar to return. Figure SD-5. Lignite bed of the Denver Formation in outcrop in Big Gulch, Elbert County, Colorado, in the Ramah-Fondis area. 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I� 1 tilt MUM Milli i<"'i6 ill Mill E Ei! EEEiiEPI;EEi Iii. ,. f > �+i.. , ..,,__fit: S34 i i l --... . __..... _ j ,; fIS i!t Illli!liJ1llt! 11111 null lilllilil(ltl ii I!I!!!it{ ! \' - ••• a •/. i �� I /;r ,{1rlT ii�(I, lCl i,,i,i <11lir, ,f„ li ,1,,:,,,, : ,� 1J; ti J 1 1 dill I11 Ii11414..1111 11111 111111 i1t111141111 11 ;1/111 U1 1 x;.. i \.... ..\.:.i. . •,'`+, :I.;klll IllfiiiIIIillillilliilililliiiiifliiiiliiiilliSiiliiiiililili ;<� I i : R ! ` il • I �. ....... iP1•S\c , i E i.P�liliii IE�3ii i i i ii JiJ I i E '...2'. • i ti, i 1!1liri ! iJlliiiillrElill!I.tiiiilli ll ]11,:,1 l; k j �.' _� ,� tlt t lJ',IIIJIII ₹( - . . . ....r......,......,,..- •- ...... [ I. • ;, .;Ii tii JIJJJnIIJIII: SISSS Mill IiuIIIIIlii Jl fu,l! 10 1 1 i i•' m< tt i i i i 1,!I! Ili! ! I (11!11) !!! lliiFJlllill!!1!!! C f llinl low" � �,1 to - :_ ':`-- ;._ -- - if Elements of Accommodation: H.S. Resources, Inc.; et.al.: 1. On a related matter, legal council states that approval of this USR cannot be construed as a taking by mineral interests. 2. We have utilized GIS measurements based upon information provided by H.S. Resources to evaluate their concerns for the accommodation of two additional wells. 3. Based upon evaluation of the GIS identification of Well Location Areas, and in consideration of the potential for surface owner waiver of those locations, there is ample opportunity for H.S. Resources to Angle Drill or to locate wells on adjacent properties within the half section allotment. 4. No provision of the lease or law requires that the surface accommodate the surface for the economic advantage of the mineral owner. 5. We met with Chris Greneaux, landman for H.S. Resources, on location. Mr. Greneaux agreed that wells do not have to be drilled within the specified Location Areas when he stated that the company could angle drill adjacent to the existing well head. He indicated the activities would not impede their existing tank and battery location. 6. H.S.Resources has made no prior effort to locate wells on the location and should not be enabled to hold the Surface Owner hostage to their timidity, while the surface owner continues to pay the taxes, maintenance and security for the lands they seek to govern. 7. The existing underground facilities are not threatened by planned surface activities. It should be noted that the line runs under the existing Union Pacific Railroad line. 8. H.S. Resources has shown a pattern of attempting to utilize the USR process to gain leverage over the surface. Tangent to this pattern is clear evidence, at this and other locations, of sloth toward accommodation of surface activities and toward appling necessary maintenance and security of its facilities and related access. 9. By holding fast to the protection of our legitimate surface interests we remain apprehensive that continued efforts on our part respective of accommodation with these diverse subsurface entities, will be met with contention. We fear that the legitimate surface interests identified under the detailed and forthright exhibits of the USR will be deliberately quashed by a seeming willingness to utilize the USR process as a means to leverage advantage for, by and on behalf of the subsurface interests, by circumventing a proper forum and protocol of accommodation. Such leverage is indicated by the potential to delay, impair or thwart a favorable determination of this USR by claims of failure on our part to accommodate to their demands, their protocols, their process of utilizing the surface to get what they want in a manner most economically beneficial to their objectives. We beg to differ. We believe accommodation is space and access. Adequate space and reasonable access. And there is adequate space and reasonable access within the potentials of our USR for their future undefined and poorly framed needs. On this basis, the activities in no manner threaten the potential for future subsurface interests of H.S. Resources, and we respectfully submit that an adequate good faith effort on our part to evaluate and assure accommodation has occurred, and that the USR does not serve to threaten the mineral interests. RME Petroleum Company; et.aL: Concerns of this entity were evaluated by a qualified geologist and legal council and were found to be baseless at the very least. We believe their efforts continue to betray their intent to utilize the USR process for illegitimate gain over the interests of the surface. We respectfully submit that a sincere and adequate good faith effort on our part to evaluate and assure accommodation has occurred, and that the USR does not serve to threaten the mineral interests. Varra Companies, Inc. Office of Special Projects 1431 East 16i°Street + Greeley,Colorado 80631 + Telephone(970)353-8310 + FAX 970)353-4047 Friday 7 September 2001 Certified Mail/Return Receipt Requested # 7000 0520 0018 0314 7846 Christopher J. Greneaux, Landman H.S. Resources, Inc. 1999 Broadway, Ste. 3600 Denver, Colorado 80202 k, ' Subject: Parcel located in S/2NW/4; Section 25; Township 1 North; Range 68 West; 6th P.M.; Weld County, CO. Dear Chris: Thank-you for your observations and comments on Friday 10 August 2001, at the above location. Based upon the information provided at that time, and respective of our understanding of the mineral and mineral lease interests as they pertain to our surface interests and rights, it is our understanding that the Special Well Location Rule is not a burden required by the mineral lease, but a burden on H.S. Resources required by the State of Colorado; a burden that the surface owner may waive. It is understood that the two additional wells, if they are ever drilled, could be drilled on slant, and do not have to occupy the areas of the Special Well Location Rule if the necessary waiver from the surface owner is obtained. We maintain that there is adequate space within the half-section allotment for H.S. Resources to accomplish -- this end within the area constraints represented on your New Well Drill Sites Dimension. You maintained in the field that area is more important than the shape represented, and that they are not absolute. It is more a problem of access,equipment and placement. If the actual locations are to occur on our property, in part or in total, we will require adequate time to establish an agreement to minimize the compensation to the surface interests for the disruption of production activities, and to establish a specific protocol for the timing of entry and related operations. Respective of location,timing, and related costs of operations, facility improvement, or other enhancements necessary for H.S. Resources to secure the surface from leaks, meet its recovery objectives, or maintain its existing facilities, it is our position that the lease and the mineral interests are the burden of those entities. While we will honor structural setbacks for existing facilities; as required by Weld County, Colorado; it is not the burden of the surface interest to provide a least cost option; or to bear the costs beyond what the subsurface interest could identify to be the least cost option. The subsurface interests have had several decades of opportunity to acquire the rights of the surface. Given the past practices of the subsurface interest with respect to its impacts to the surface, it smacks us as quite offensive to use accommodation as a pretense to gain leverage during governmental processes to assure control of the surface. If it were not so, why hasn't the subsurface interests defined their surface needs in detail and in advance of the more dynamic surface? It points to the very real need for Weld County to require all subsurface interests to go through the USR process, the same as surface interests must do,to assure orderly development. There is nothing to our knowledge that would prevent Weld County government from implementing such a process on your industry, and the need appears well evidenced. We have not and will not obstruct H.S. Resources options to access its minerals, however, H.S. Resources must not act to prohibit our rightful design, use, and enjoyment of the surface for the sake of its singular economic interests. To allow a subsurface interest to make unreasonable demands on the surface interests essentially serves to hold the surface interests hostage to the subsurface interest for an indeterminate period of time, possibly decades, without the subsurface interest bearing any of the surface expenses, loss of EXHIBIT 3! revenue, impairment of value, costs of permitting and attending delays, payment of property taxes, or other burdens that devolve fully upon the owner of the surface interests. Additionally, it is the burden of H.S. Resources to assure integrity of the surface lands from leaks; spills; or other impacts to persons, wildlife, man-made structures, air, soil, water and vegetation. While we will develop our lands, adequate information has been and will continue to be provided to H.S. Resources to assure reasonable opportunity to establish the necessary protections to the surface interests prior to the establishment of our structures. Regardless,specifics of this nature should be continued between us, and not utilize the Board of County Commissioners and the USR process as a means to an end. We will accommodate the sharing of information on our mutual infrastructure to assure a genuine relationship that incorporates adequate assurance of the protection to our diverse interests. You have our plan. Please let us know when you will be able to provide options for your existing facilities as well as any known or planned activities respective of the future sub-surface development, beyond which we have already addressed. Until then, please feel free to contact me should you need clarification or additional information. Thank-you for your cooperation. Sincerely, VarraCompanies, Inc. 9. St X Bradford Janes Professional Forester POST SCRIPT: Respective of any legal, regulatory mandated or other required contact respective of the lands referenced in this correspondence; and prior to exploration or drilling activities, existing, planned or future; please notify Christopher L.Varra, President, Varra Companies, Inc. and Sand Land, Inc. 12910 Weld County Road 13 Longmont, Colorado 80504 (303) 666-6657. Additionally, all payments due the surface owner should be mailed to the above address since the date of the acquisition (15 March 2001). cc. Christopher L. Varra, President Varra Companies, Inc. Chris Gathman Weld County Planning BU/blj. Friday 7 September 2001 Certified Mail/Return Receipt Requested 2 # 7000 0520 0018 0314 7846 HSResources-1-090501 SUJCO Snyder Oil Corporation 3939 SOLO Parkway January 26, 1994 Evans,Colorado 80620 (303)330-2200 (303)442-6025 Varra Companies, Inc. 2130 South 96th Street Broomfield, CO 80020 Re: Van-a 31-3L & Varra 31-4L N/2NW/4-31-3N-67W Weld County, Colorado Dear Jack: Pursuant to our meeting of January 5, 1994, after receipt of the executed Surface Damage Agreement and prior to commencement of operations, Snyder will make the following payments by check: Surface Damages (per well) $ 1000.00 Total Consideration $ 2000.00 *Gas Pipeline Right-Of-Way to be paid at $_85 per foot once route has been determined and measured. Please indicate your receipt and acceptance of this letter by signing and dating in the space provided below. Please return the original to me and retain a copy for your files. Thank you for your cooperation in this matter. Cordially, 1C74 for-..-c.- Curt Moore Consulting Landman ACCEPTED AND RECEIVED THIS 3/ 6� day of d"'✓14721-- 1994 77,1ifitt 1 days-, Title: ged . J EXHIBIT 1.7 /3y/ SUM Snyder Oil Corporation 3939 SOCO Parkway Evans,Colorado 80620 January 26, 1994 (303)330-2200 (303)442-6025 Varra Companies, Inc. 2130 South 96th Street Broomfield, CO 80020 Re: Nelson 31-1L, Nelson 31-2L, Nelson 31-7L, Nelson 31-9L, Siegrist 31-10L, Siegrist 31-15L & Nelson 31-16L E/2-31-3N-67W Weld County, Colorado Dear Jack: Pursuant to the terms of that certain Surface Damage Agreement dated ast,i 3/y , 1994, by and between Varra Companies, Inc. and Snyder Oil Corporation, and pridd to commencement of operations, Snyder will make the following payments, the amount of which shall equal the cost to Varra of installing a replacement gas pipeline, by check: Mining Damages (per well) $ 1367.64 Total Consideration $ 9573.48 Please indicate your receipt and acceptance of this letter by signing and dating in the space provided below. Please return the original to me and retain a copy for your files. Thank you for your cooperation in this matter. Cordially,,, C 76:". — Curt Moore Consulting Landman ACCEPTED AND RECEIVED THIS 3/ day of 64'"C , 1994 demA-o-' Title: }kJ • SURFACE DAMAGE AGREEMENT KNOW ALL MEN BY THESE PRESENTS: That the undersigned Varra Companies, Inc., 2130 South 96th Street, Broomfield, Colorado 80020, being the owner, recognizing that the following described lands are subject to one or more oil and gas leases of record, and that the lessee and its assigns, and the agent of such to whom this instrument is delivered, have certain rights in the use of the surface of the lands covered by such lease or leases, and being now informed of the proposed use, including ingress and egress, placement of drilling location and other uses incident to the drilling for and production of oil and gas on the following described lands, as shown on Exhibit "A" attached, do hereby agree, in consideration of the premises and the further promise of the agent of lessee or its assigns, to pay the undersigned the sum of Ten and more Dollars ($10.00) to acknowledge, and he does hereby acknowledge, subject only to the timely receipt of the above sum f money, such sum as full settlement and satisfaction of all detriment, injuries and damages growing out of, incident to, or in connection with the drilling and production from well(s) Varra 31-3L (NENW-31- 3N-67W) & Varra 31-4L (NWNW-31-3N-67W) upon the following described lands in Weld County, Colorado, to wit: Township 3 North, Range 67 West, 6th P.M. Section 31: N/2NW/4 Spacing Unit Description: N/2NW/4 caused by the moving in and moving out of agent's derrick, drilling tools, vehicles, and all other machinery and equipment necessary or incident to drilling, testing, completion and operation of such well(s) for oil and gas, and all roads, pipelines, tank batteries, and lands involved in permanent installations. And for the same considerations, the undersigned does hereby release, acquit, and discharge the said SNYDER OIL CORPORATION, itself and the principals for which it shall act, of and from any and all of, incident to or in connection with drilling of said well(s) and operations incident thereto as aforesaid, and does particularly release, acquit, and discharge said SNYDER OIL CORPORATION, and its principals, of and from, but not by way of limitation to, all such claims for detriment, injuries, and damages to said land, the improvements thereon and appurtenances thereto, or to any grass, vegetation, shrubs, trees, crops, livestock, or other personal property growing or located thereon, or any damage or loss which the undersigned has or might hereafter sustain due to diminished quantity or quality of future crops caused by the above-mentioned operations. The undersigned agree to waive the minimum thirty (30)day written notice requirement described in the Notice Letter provided you by Snyder when it initially gave notice of its intent to drill the above described well(s). It is understood that the undersigned and Snyder Oil have already agreed to or will mutually agree to the specific timing of the location, building, drilling and completion of said well(s). This Agreement is subject to Exhibit "A", a plat showing the approximate locations of SOCO's wellsites, access roads, production facilities, etc., attached hereto and by this reference made a part hereof. This Agreement is subject to Exhibit "B", a list of "Additional Provisions" between the parties herein, attached hereto and by this reference made a part hereof. Dated this 3/ 5 day of Jati✓. , 1994 Signed: 4 Zt.4-1 Title: top . EXHIBIT "A" Attached hereto and made a part hereof that certain Surface Damage Agreement dated /— 3' 1994, from Varra Companies, Inc., 2130 South 96th Street, Broomfield, Colorado 80020. Township 3 North, Range 67 West. 6th P.M. Section 31: N/2NW/4 VARRA 31-4L VARM 31-3L tMELSAPJ 31-2L t1ELSon1 3l-IL • • • VARRA 31-5L • SWIMNEI9 nSt. vra;n River � •^�`� nrakiie- VA�2L JARItA 31-IIL- SIEC3tST 31-IDL tIELSM 31-SL _ v,W • L • 3 r a 0 U / :\1-14L SIEC-irKt 31-15L SEISM 31-16L27kkSWIti - Drdls i i-e.. dti Counlr Road 2.6 EXHIBIT "B" Attached hereto and made a part hereof that certain Surface Damage Agreement dated / — 31 , 1994, from Varra Companies, Inc., 2130 South 96th Street, Broomfield, Colorado 80020. Additional Provisions: 1. Varra Companies, Inc. ("OWNER") agrees to provide temporary access to Snyder Oil Corporation ("SOCO") for drilling and completion operations to the directional pad [(Varra 31-SL (SWNW-31-3N-67W), Varra 31-11L (NESW-31-3N-67W), Varra 31-12L (NWSW-31-3N-67W) and Varra 31-14L (SESW-31-3N-67W)] located in the SW/4SW/4 as shown on Exhibit "A". 2. OWNER agrees to provide permanent access to SOCO for drilling, completion and production operations to the directional pad [(Nelson 31-1L (NENE-31-3N-67W), Nelson 31-2L (NWNE-31-3N- 67W) and Nelson 31-7L (SWNE-31-3N-67W)] located in the SW/4NE/4 as shown on Exhibit "A". 3. Permanent access to the Varra 31-3L (NENW-31-3N-67W) and Varra 31-4L (NWNW-31-3N- 67W) will be as shown on Exhibit "A". 4. In a measure of good faith between the two parties herein, SOCO agrees to compensate OWNER for the installation of a gas pipeline in the SW 1/4 of this Section 31 which will replace a different gas pipeline and allow OWNER the ability to mine the SW/4SE/4 and the S/2NW/4SW/4. The estimated cost of this pipeline installation amounts to $ 9573.48, and said compensation shall reimburse OWNER for the area around the to drillsites and tank baterry sites in the E/2 of this Section 31 which will be lost for gravel mining purposes. This compensation shall be provided for in a "Letter Agreement" dated January 26, 1994 between the two parties herein. OWNER further agrees to supply water at no cost to SOCO for drilling and completion operations associated with the following Thirteen (13) Wells: Nelson 31-1L (NENE-31-3N-67W), Nelson 31-2L (NWNE-31-3N-67W), Varra 31-3L (NENW-31-3N-67W), Varra 31-4L (NWNW-31-3N-67W),Varra 31-5L(SWNW-31-3N-67W), Nelson 31-7L(SWNE-31-3N- 67W),Nelson 31-9L(NESE-31-3N-67W),Siegrist 31-10L(NWSE-31-3N-67W),Varra 31-11L(NESW- 31-3N-67W), Varra 31-12L(NWSW-31-3N-67W),Varra 31-14L(SESW-31-3N-67W), Siegrist 31-15L (SWSE-31-3N-67W) and Nelson 31-16L (SESE-31-3N-67W), all bottom hole locations and respective surface drilling locations shown on Exhibit "A". OWNER further agrees to allow SOCO the right to dispose of drilling muds and shale cuttings on OWNER's lands at sites mutually agreed to between the two parties for the same thirteen wellsites described herein. 5. SOCO shall compensate OWNER for landscaping and aesthetic maintenance of the four (4) directional drilling locations shown on Exhibit "A". Said compensation shall not exceed Two Thousand Dollars ($2000) per drilling location. Said landscaping and maintenance shall include building of burms, installation and maintenance of trees and shrubbery, etc., around the tank batteries and well heads. It is mutually agreed between the two parties that said landscaping and construction shall not inhibit SOCO's ability to service, maintain and produce the wells and tank batteries. 6. OWNER agrees to provide fill dirt to SOCO for the SW/4SW/4 drilling location at a cost of Three Thousand Three Hundred Dollars ($3300.00). The amount of fill dirt shall equal not less than One Hundred (100) "tandem" truck loads. OWNER shall dump said dirt on the drillsite location at a time mutually agreed to between the two parties. 7. SOCO further agrees that any fill dirt, road base or pit run used on this Section 31 shall be purchased from OWNER provided that OWNER's prices are competitive. NORTH METRO DISTRIBUTION CENTER WELD COUNTY, COLORADO Traffic impact Study Prepared for: Varra Companies, Inc. Post Office Box 2049 Broomfield, Colorado 80038 Prepared by: CarternBurgess 216 16th Street Mall, Suite 1700 Denver, CO 80202 August 2001 (1! EXHIBIT m 1152 1#13q1 • VARRA COMPANIES,INC. NORTH METRO DISTRIBUTION CENTER WELD COUNTY,COLORADO TRAFFIC IMPACT STUDY Table of Contents Page No. 1.0 Introduction 1-1 2.0 Existing Conditions 2-1 2.1 Project Site 2-1 2.2 Roadway Conditions 2-1 2.3 Traffic Volumes 2-1 2.4 Planned Land Uses 2-2 3.0 Future Traffic Conditions 3-1 3.1 Background Traffic Growth 3-1 3.2 Project Redevelopment 3-1 3.3 Site Traffic Distribution and Assignment 3-2 3.4 Future Build Traffic Volumes 3-2 4.0 Capacity and Other Analyses 4-1 4.1 Capacity Analyses 4-1 4.2 Accident Analysis 4-5 4.3 WCR 11 Review 4-5 4.4 Warrant Analysis 4-6 4.5 Geometric Analysis 4-6 4.6 Haul Route Analysis 4-7 4.7 Nighttime Operations 4-8 5.0 Conclusions 5-1 Appendix A — Capacity Analysis VARRA COMPANIES,INC. NORTH METRO DISTRIBUTION CENTER WELD COUNTY,COLORADO TRAFFIC IMPACT STUDY List of Figures Page No. Figure 1: Site Location 1-2 Figure 2: Site Plan 1-3 Figure 3: Existing Peak Hour Traffic Volumes (AM/PM) 2-3 Figure 4: Hourly Site Generated Truck Traffic 3-3 Figure 5: Site Generated Traffic (AM/PM) 3-4 Figure 6: Existing Geometry and Level of Service (LOS) 4-3 Figure 7: Future Traffic Volumes (AM/PM) 4-9 Figure 8: Future Geometry and Level of Service (LOS) 4-10 List of Tables Page No. Table 1 Site Trip Generation 3-2 Table 2 Signalized Intersection LOS Criteria 4-2 Table 3 Unsignalized Intersection LOS Criteria 4-2 Table 4 Level of Service Results 4-4 Table 5 Peak Hour Traffic Signal Warrants 4-6 VARRA COMPANIES,INC. NORTH METRO DISTRIBUTION CENTER WELD COUNTY,COLORADO TRAFFIC IMPACT STUDY 1.0 INTRODUCTION Varra Companies, Inc. is proposing to develop an aggregate processing and distribution facility in southwestern Weld County. The project is referred to as the North Metro Distribution Center. The project site is generally located east of 1-25 and north of State Highway (SH) 7 (see Figure 1). The site is located approximately one mile east of 1-25 and approximately 1.5 miles north of SH 7. As shown on Figure 2, the site plan for this proposed operation includes the following elements: ➢ Concrete Plant ➢ Asphalt Plant ➢ Sand & Gravel Processing Plants ➢ Commercial Office ➢ Other Supporting Structures The facility will operate up to 24 hours a day, seven days per week. It is anticipated that this level of work will be accomplished with three shifts that each include eight hours. The facility is expected to employ up to 18 persons. Representatives from Varra's Project Team met recently with staff from Weld County's Public Works and Planning Departments to discuss traffic study requirements for this project. The input received from Weld County staff at this meeting served as the basis for completing a traffic study for Varra's proposed North Metro Distribution Center. This report documents the traffic analysis for the proposed facility. The following sections in this report include information regarding: ➢ Existing Conditions ➢ Future Traffic Conditions ➢ Capacity and Other Analyses ➢ Conclusions and Recommendations 1-1 CR-8 - i r rI 25 C..), 1 CR-6 i 1 , 25 ce U I Y' SH7 _; CR-2 ...- Varra Aggregate Facility Site Location Jd_hanspatation 07083TGraphics\SiteLoratian.FH9 X8/2001) Figure 1 4. „e' a'r^ C a Future Stock Yard Railway = ,,,,,,,` it..un...tnn......tttt....ttttttt.n..tutttt.n..tu.'•u...,,,��,,, �. ` ., *. o Alw O. 'p F Stockpile& Processing Yard ,,ri�4µ: ♦ C� 'l 6 i i i ^♦ CK � i - V . ;�L 42\ �♦ • n i ♦ '-. m Commercial .• Building is, Yard Yard �`� Office&Yard ,,.. iiiiii �...•� x`� sy ', 1'1..1.1uunnnun.1..ur.nr.n..r.unnm.....1.r.u•un• s ra Gravel Access Road ',t ' Varra Aggregate Facility Site Plan J:1_Transportation\0708371Graphics\Site Plan.FH9(8/2001) Figure 2 VARRA COMPANIES,INC. NORTH METRO DISTRIBUTION CENTER WELD COUNTY,COLORADO TRAFFIC IMPACT STUDY 2.0 EXISTING CONDITIONS This section of the report provides information regarding existing conditions within the study area. Information is provided regarding the project site, roadway conditions and traffic volumes. An overview of planned land uses near the site is also provided in this section. A photographic inventory was compiled for the study area. This photo log, published under separate cover, documents the roadway and land use conditions that are present within the study area. 2.1 Project Site The project site is located along the east side of Weld County Road (WCR) 11 between WCR 6 and WCR 2. Figure 1 provides a vicinity map for the project site. The size of the project site is approximately 44 acres. The site is currently used for agricultural purposes. The majority of the study area is an undeveloped rural setting where agricultural uses - - are predominant. Several residences are located along WCR 11 both north and south of the site. A commercial poultry operation is located to the north of the site. An active Union Pacific rail line borders the site on the east side. This rail line accommodates approximately two trains per week. A large sewage disposal facility is located to the south of the site. 2.2 Roadway Conditions WCR 11 provides north/south access from the site. WCR 11 is currently a gravel road that is maintained by the city of Northglenn (south of WCR 4) and the city of Broomfield (north of WCR 4). WCR 11 currently has 60-foot right of way. Several roadways within the study area provide east/west access, including SH 7, WCR 2, WCR 6, and WCR 8. SH 7 is a two-lane, paved roadway that provides connectivity from Boulder to Brighton. An existing diamond interchange provides access between SH 7 and 1-25. Each of the east/west County Roads is a two-lane, paved roadway with minimal shoulders. Only one of the County Roads, WCR 8, provides access to 1-25. 2.3 Traffic Volumes The Weld County Department of Public Works provided some data regarding historic traffic volumes for area roadways within the study area. This information is summarized below: 2-1 VARRA COMPANIES, INC. NORTH METRO DISTRIBUTION CENTER WELD COUNTY,COLORADO TRAFFIC IMPACT STUDY ➢ Average daily traffic (ADT) on WCR 11 near the site in June 1996 was 180 vehicles. ➢ ADT on WCR 6 north of the site in July 1999 was 1,070. In addition, traffic count data were collected at twelve key intersections within the study area during August 2001. For each intersection, counts were collected during the AM and PM peak hours. Figure 3 provides the results from these peak hour traffic counts. Daily traffic counts were also collected for WCR 11 near the site. Specifically, 24-hour counts were collected to the north and south of WCR 6 during August 2001. The ADT for WCR 11 both north and south of WCR 6 is 145 vehicles per day. The peak hour volume for WCR 11 both north and south of WCR 6 occurred between 7:00 and 8:00 AM. 2.4 Planned Land Uses Future land uses for this area were defined as part of the 1-25 Sub Area Plan that was completed by the city of Broomfield in 1999. This planning and policy document was developed to help direct the city of Broomfield's growth in the their northern gateway vicinity. The plan is intended to assist City officials in the evaluation of proposed developments in the area. The document includes a land use plan, transportation plan, open space/parks plan, design standards, and conceptual plans for utilities. The eastern boundary for this planning process was WCR 11. Therefore, land uses are defined on the west side of WCR 11 and not on the east side. According to the sub area plan, future land uses west of the project site will include employment and open space/park. With regard to transportation, WCR 11 is proposed as principal arterial and WCR 6 and 4 are proposed as arterial roadways. At this time, no specific timeline exists for the development activities within the 1-25 Sub Area. 2-2 CR-8 tt If ft mMz Lira r`V L `,4z4 ( I + ziiima Lin 6/93 ---3//4 ac i�ss' 1 } r 3 1 L. ,F 2/1 Cl /, --102/54 nn� (-18146 10/88—.- 4- �I 1 f 7/5i maS 15/54 85/53-+ kqli L 20/55 V 42/28 _. '36E'L 5 "�Yr„ ur-32rFk: Nac I-1/1 a63 frZ. 711 ,5/49 ` /10 # m�" 23 - 1r 28/32-- 9/3-i __o I CR-6 4 II f ann L4/1 ...1 1 4 X14 s 1p t t i 28/20 1 r 3N3 co—co L I L190/250 ''`i k---657/427 Y 179/2573 1 1 r 514/799lir "m coo na L3827 -1 L ~ 558 l r7/13 t 14/553 1 1 r- 569/805—• 'm'4C I 58/,201 wthrn J Lo P C c.mo 854/531 25 $ t5 ti ,1 1 L L115/163 _1 L -130/99 409//97-+ 322/38218 5088 a Sy C 4/53 J 93/156 SH7 CR-2 Varra Aggregate Facility Existing Peak Hour Traffic Volumes (AM/PM) J:\ Transportation\070837\Graphics\ExisiVolumas.FH9(8/2001) Figure 3 VARRA COMPANIES,INC. NORM METRO DISTRIBUTION CENTER WELD COUNTY,COLORADO TRAFFIC IMPACT STUDY 3.0 FUTURE TRAFFIC CONDITIONS This chapter presents information on future traffic conditions within the study area. This includes background traffic growth, comparisons between the existing use and the future use, trip generation, and future traffic volumes. The existing year for the study is 2001, while the year 2003 has been selected as the build year for the study. This approach is consistent with Varra's plan for implementing this facility. 3.1 Background Traffic Growth Background traffic growth will occur due to other land use changes near the project, changes in the area roadway network, and other factors outside of Varra's control. For the purpose of this study, it has been assumed that a two percent per year growth will be adequate to portray this growth. This growth factor is based on the following assumptions: ➢ Rural residential growth will continue in this portion of unincorporated Weld County. ➢ Growth will continue in nearby communities, such as Dacono, Frederick and Erie. ➢ Some commercial developments will be implemented in this area. 3.2 Project Redevelopment Varra Companies, Inc. is proposing to the build a North Metro Distribution Center in unincorporated Weld County. The facility will process and distribute aggregate and paving materials. Materials from this facility will be distributed to customers throughout the northern Denver metropolitan area. This site will include the following elements: ➢ Concrete Plant ➢ Asphalt Plant ➢ Sand & Gravel Processing Plants ➢ Commercial Office ➢ Other Supporting Structures The facility will operate up to 24 hours a day, seven days per week. It is anticipated that this level of work will be accomplished with three shifts that each include eight hours. The facility is expected to employee up to 18 persons. 3-1 VARRA COMPANIES,INC. NORTH METRO DISTRIBUTION CENTER WELD COUNTY,COLORADO TRAFFIC IMPACT STUDY Vehicles accessing the site will include semi trucks, tandem trucks, single unit trucks, pick-ups, and automobiles. Trip generation estimates for this project were based on the traffic characteristics of a Varra facility in Ft. Lupton. Based on the information from the existing Ft. Lupton facility, specific estimates of daily and hourly trip generation were developed for the proposed project. This trip generation data is summarized in Table 1. Table 1 Site Trip Generation Description AM Peak Hour PM Peak Hour Enter Exit Total Enter Exit Total Haul Trucks 8 8 16 6 6 12 Employees &Visitors 17 8 25 5 14 19 Total 25 16 41 11 20 31 3.3 Site Traffic Distribution and Assignment Site traffic was distributed and assigned to the roadway network according to two operating scenarios. The first operating scenario assumed a northern haul route would be used, while the second operating scenario assumed a southern haul route would be utilized. 3.4 Future Build Traffic Volumes Site traffic was combined with background traffic to develop future year traffic volumes for the build scenario. Site traffic was distributed to the roadway network according to the assumptions described in the previous section. Future year traffic volumes were developed for a northern and southern haul route. 3-2 10 *Data based on Ft. Lupton Concrete Batch Plant 9 October 2000 mean vehicles of 28.3 per day. Total adjusted by factor of 2.2 for mean vehicles of 63.0 with two pants operational. 8 6 Two Plants 5 4 ry�kw._ 2 One Plant 1 3:00 4:00 5:00 6:00 7:00 8:00 9:00 10:00 11:00 Noon 1:00 2:00 3:00 4:00 5:00 6:00 7:00 8:00 9:00 Varra Aggregate Facility Hourly Site Generated Truck Traffic* J:1 Transportation\070837\Graphics\Truck Trafc.FH9(8/2001) Figure 4 CR-8 _ _i1L r L J tr -J4L e J"� 8/2-1 0 - -1 1 L `2/3 'I r Ci 25 , L2/41,3 23 d/1 fr j 4' 511E rj r c r H1r CR-6 4/7 r1L r -1 L6/6 8/4 , - 1 n ai 113/4 L --12/13 J1L ` 0 L Lin L. f-12/13 1 r flF3S5kk^:'seiw 17/9 1r 25 , 1e ` a L J L 6/7 J L Li -i "q�`�id V 17/9-1 I SH7 CR-2 Varra Aggregate Facility Site Generated Traffic (AM/PM) J1_Transponation1W0837\Graphics\Site Gen Trafc FH9(8/2001) Figure 5 VARRA COMPANIES,INC. NORTH METRO DISTRIBUTION CENTER WELD COUNTY,COLORADO TRAFFIC IMPACT STUDY 4.0 CAPACITY AND OTHER ANALYSES Several technical analyses were conducted to evaluate impacts to the area roadway network and to determine how trucks should operate within the study area. The following section summarizes findings from these technical analyses. 4.1 Capacity Analyses Capacity analyses for this project were performed using accepted traffic engineering methodology. Discussions of the methodology and results follow. 4.1.1 Level of Service Criteria Level of Service (LOS) calculations were completed at key intersections within the project study area. LOS "is a quality measure describing operational conditions within a traffic stream generally in terms of such service measures as speed and travel time, freedom to maneuver, traffic interruptions, and comfort and convenience. The descriptions of individual levels of service characterize these conditions in terms of such factors as speed and travel time, freedom to maneuver, traffic interruptions, and comfort and convenience."� There are six LOS categories outlined for each facility type considered, ranging from LOS A (the best) to LOS F (the worst). The Highway Capacity Manual (HCM) defines LOS for interrupted flow facilities using the concept of control delay. Control delay is expressed in seconds per vehicle, and is that delay encountered by motorists that can be attributed to the traffic control device. Methodologies are provided to quantify the delay induced by traffic control devices (signals, stop signs, etc.) and additional procedures account for factors such as grades, heavy vehicles, and lane widths. When the methodologies in the HCM are applied, a control delay can be calculated and related to the LOS criteria. The basic LOS criteria for signalized and unsignalized intersections are shown in Tables 2 and 3. Highway Capacity Manual 2000,Transportation Research Board,2000,pg.2-2 4-1 VARRA COMPANIES,INC. NORTH METRO DISTRIBUTION CENTER WELD COUNTY, COLORADO TRAFFIC IMPACT STUDY Table 2 Signalized Intersection LOS Criteria2 LOS , #nttai Delay(sec) A ≤ 10 B > 10 and ≤20 C >20 and ≤35 >35and ≤55 E > 55 and ≤80 F >80 Table 3 Unsignalized Intersection LOS Criteria3 LOS Cofltrol=1?eiaY,f4.. A ≤ 10 B > 10 and ≤ 15 > 15 and ≤25 >25 and ≤35 E > 35 and ≤ 50 F > 50 4.1.2 Analysis Methodology Traffic analyses for the project area were performed with Highway Capacity Software (HCS). HCS provides an HCM-based measure of signalized and unsignalized intersection operations, resulting in levels of service for individual intersections. These tools are described in more detail below. HCS is a computer-based analysis tool that implements the methodologies of the 1997 HCM. The program is capable of analyzing various facility types. The signalized and unsignalized intersection modules were applied on this project. 4.1.3 Level of Service Results The methodology outlined above was applied to the intersections under study. Current intersection configurations were used for the analysis of existing conditions. The existing Level of Service Results are shown in Figure 6. These were optimized where appropriate in future years to better match developing traffic. The results of the capacity analyses are shown in Table 4 for existing conditions and the future year build scenarios. Results have been provided for both the northern and southern haul route scenarios. 3 Ibid.,Exhibit 16-2,pg.16-2 3 Ibid.,Exhibit 17-2,pg.17-2 4-2 CR-8 . = z / . $ 7( \ NB t %+m A-- %\ : ; § (NA) m , m ) %) I (NA) A $ +_ le- (NA) c 4 — � — . .. .\. _ . . . . m\ +i4` ) _$H41 )� ] I � © 11 iLegend } { (AM/PM) LOS el = Stop Sign • = %a il =Yield Sign r \ Lm «/ 7i _ , m m-$ 2 � + T(F/F) \ I 7 m N MEMO(C/D? \ ` N i \ SH7 d\ \ CR-2 \. . . . Varra Aggregate Facility EisingGeometry and Level of Service (LOS) ansporl ° ^71Gra eom&^®`° Figure 6 VARRA COMPANIES,INC, NORTH METRO DISTRIBUTION CENTER WELD COUNTY,COLORADO TRAFFIC IMPACT STUDY Table 4 Level of Service Results shorkRanae ShoErFanse 1 intetiP4t(WY *Ora 4`][1sukj r, t. it out G OW R YIQF O L�WFV 'N Jie i SH 7&I-25 SB Ramps SB D / E E/ E DIE DIE E / E E / E EB C / D C/ D C I D C / D C I D C / D WB D / C E/ C D / C D / C E I C E I C SH7&I-25 NB Ramps NB DID E/ D D I D D / D E / D E I D EB C I C Cl C C / C C I C C / C C / C WB D I C Dl C D / C DIC E / C E / C SH 7&Frontage Road NB F / F F/ F F / F F / F F / F F / F SB C / F D / F D / F D / F D / F D / F EB A / A A / A A / A A / A A / A A / A WB A / A A / B A / A A / A A / B A / B SH7&CR2 SB C / B C / B C / B C / B C / B C / B EB A / A A / A A / A A / A A / A A / A CR2&CR11 SB A / A A / A A / A A / A A / A A / A EB A / A A / A A / A A / A A / A A / A CR 11 &Site SB � x~ , . 1'e A / A A / A A / A A / A WB ,. A / A A / A A / A A / A CR6&CR11 NB A / A A / A A / A A / A A / A A / A SB A / A A / A A / A A / A A / A A / A _ EB A / A A / A A / A A / A A / A A / A WB A / A A / A A / A A / A A / A A / A CR 6&Frontage Road NB A / A A / A A / A A / A A / A A / A SB A / A A / A A / A A / A A / A A / A EB A / B A / B A / B B / B B / B B / B -- WB A / B A / B A / A B / A A / A B / B CRS&Frontage Road NB A / B A / B A / B A / B A / B A / B SB A / B A / B A / B A / B A / B A / B EB A / A A / A A / A A / A A / A A / A WB A / A A / A A / A A / A A / A A / A CR8&I-25 NB Ramps NB A / A A / A A / A A / A A / A A / B EB A / A A / A A / A A / A A / A A / A CR 8&I-25 SB Ramps SB A / A A / A A / A A / A A / A A / A WB A / A A / A A / A A / A A / A A / A AM / PM Signalized Level of Service AM / PM Unsignalized Level of Service The following conclusions were drawn from the LOS results. ➢ Most intersections within the study area currently operate at LOS A or B during peak hours. ➢ Current peak hour operations at the intersections within the interchange at SH 7 and 1-25 range from LOS C to E. Several turn movements within the intersection of SH 7 and the Frontage Road currently operate at LOS F. 4-4 VARRA COMPANIES,INC. NORTH METRO DISTRIBUTION CENTER WELD COUNTY,COLORADO TRAFFIC IMPACT STUDY ➢ Except for the intersections near the interchange of SH 7 and 1-25, all intersection are projected to operate at LOS C or better for both the northern and southern haul route scenarios. ➢ Operations at the intersections within the SH 7 and 1-25 Interchange will continue to operate at LOS C, D and E. In addition, certain turn movements at the intersection at SH 7 and the Frontage Road will continue to operate at LOS F. ➢ The northern and southern haul routes result in essentially the same LOS at intersections within the study area. 4.2 Accident Analysis A review of existing accidents in the study area was undertaken. Accident records were reviewed at the Weld County offices for roadways in the study area. At the time of the review, Weld County was only able to provide one year of data. These data indicated that there were two accidents in the study area. Both accidents were not at intersections, and reflected vehicles that drove off the roadway. One accident report indicated that an icy roadway was a causative factor. No overall trends could be discerned from the data made available for the study effort. 4.3 WCR 11 Review Since the main project access is on WCR 11, it will accommodate the majority of the site-related traffic, regardless of trip distribution. As noted in Section 2, WCR 11 is currently a gravel road. The following issues have been identified with the roadway: ➢ This facility can accommodate tractor-trailers without paving. ➢ Truck traffic on gravel roadways tends to generate dust and noise concerns. However, palliatives are available that minimize these issues. ➢ Underground utilities are not present in the roadway today. Installation of these facilities is not anticipated to take place until additional development occurs in the area. ➢ Installation of underground utilities along paved roadways typically requires significant repaving operations due to pavement damage during construction. Based on these issues, it is felt that paving of WCR 11 is not considered crucial to the operation of the project. 4-5 VARRA COMPANIES,INC. NORTH METRO DISTRIBUTION CENTER WELD COUNTY,COLORADO TRAFFIC IMPACT STUDY 4.4 Warrant Analysis The intersections studied were reviewed for traffic signals using warrants defined in the Federal Manual of Uniform Traffic Control Devices (MUTCD), 2000 Edition. The warrants are presented in Chapter 4C, and include information on volume warrants, crash warrants, and pedestrian warrants for traffic signals. For the purposes of this study, peak period warrants (Warrant# 3) were evaluated. It should be noted that a full warrant study should be undertaken at location that meet this warrant. The following table summarizes the results of the signal warrant review. Table 5 Peak Hour Traffic Signal Warrants SH7 at 1-25 Frontage Road Yes Yes SH7 at WCR 2 No No WCR 2at WCR 11 No No WCR 4 at WCR 11 No No WCR 6 at WCR 11 No No WCR 8 at WCR 11 No No WCR 6 at 1-25 Frontage Road No No WCR 8 at 1-25 Frontage Road No No 1-25 Northbound Ramps at WCR 8 No No 1-25 Southbound Ramps at WCR 8 No No As shown in the table, the only location that meets signal warrants is SH 7 at WCR 2. This location meets warrants with or without the proposed aggregate facility. Therefore, signalization costs at this location should not be borne by the project. 4.5 Geometric Analysis A review of the geometrics of study area intersections was undertaken. This review was intended to serve two purposes: ➢ To identify locations where providing for tractor-trailer movements would be cost- prohibitive ➢ To identify locations where additional provisions for tractor-trailer movements would be required, but these provisions would not be cost-prohibitive. The following issues were identified: ➢ Most County Road intersections would require right-turn modifications to accommodate trucks. 4-6 VARRA COMPANIES,INC. NORTH METRO DISTRIBUTION CENTER WELD COUNTY,COLORADO TRAFFIC IMPACT STUDY ➢ The proximity of the 1-25 Frontage Road to the WCR 8 interchange at 1-25 presents distinct problems, which could only be corrected through an easterly relocation of the 1-25 Frontage Road. This relocation would be cost-prohibitive. ➢ The intersection of SH 7 and WCR 2 appears to provide sufficient radii for truck movements. ➢ The intersections in the SH 7 / 1-25 interchange appear to provide sufficient radii for truck movements. Based on these factors, a southerly haul route appears appropriate. 4.6 Haul Route Analysis An analysis of potential haul routes was conducted to determine which roadways within the study area trucks should utilize traveling to/from the Varra facility. The primary goal of establishing a designated haul route for the facility is to focus truck travel on State facilities, thereby reducing travel on County Roads. Two haul route options were developed and evaluated as part of this analysis. The following information defines each of the haul route options. ➢ Northern Route - Travel north on WCR 11 to WCR 8. Proceed west on WCR 8 to access 1-25 at the existing interchange. WCR 8 could also provide east/west access to some destinations in eastern Weld County and Erie. ➢ Southern Route - Travel south on WCR 11 to WCR 2. Proceed west on WCR 2 to SH 7. Travel west on SH 7 to access 1-25 at the existing interchange. SH 7 also provides access west to Broomfield and east to Brighton. Several factors were considered as part of this evaluation of haul routes, including (1) distance to 1-25, (2) roadway conditions, (3) traffic congestion, (4) east/west accessibility, (5) use County versus State roads, and (6) customer demographics. The following material summarizes differentiating factors that were identified during the haul route analysis. ➢ Distance to 1-25: Each of the haul routes is approximately 2.5 miles between the site and access to the highway. ➢ Roadway Conditions: With a few minor modifications trucks could be accommodated along the Southern Route. Regarding the Northern Route, relocation of the Frontage Road at WCR 8 would be required to accommodate trucks at that interchange complex (see Section 4.5). 4-7 VARRA COMPANIES,INC. NORTH METRO DISTRIBUTION CENTER WELD COUNTY,COLORADO TRAFFIC IMPACT STUDY ➢ Traffic Conditions: Trucks would experience more traffic congestion with the Southern Haul Route. This condition will be improved in the future when the SH 7/1-25 Interchange is reconstructed. ➢ East/West Accessibility: The Southern Haul Route provides better east/west access given the connectivity provided by SH 7. ➢ County versus State Roads: The Southern Haul Route includes portions of SH 7, while the Northern Haul Route only utilizes County Roads. ➢ Customer Demographics: Given the current configuration of the northern metropolitan area, it appears the Southern Haul Route would provide a more direct connection to the majority of potential customers for this facility. Based on the factors described above, the Southern Haul Route for trucking operations is recommended. Future volumes based on the Southern Haul Route are shown in Figure 7. Future Level of Service results are shown in Figure 8. 4.7 Nighttime Operations During preliminary discussions with Weld County staff regarding this proposed project, nighttime operations were identified as an area of concern. As noted previously in this report, it is anticipated that the facility will operate 24-hours a day. The area surrounding the project site does include some rural residential land uses. The primary areas of impact from an aggregate facility during nighttime hours are noise, air quality and visual from lighting. Impacts from nighttime operations can result from on-site and off-site activities. The focus this analysis was the off-site impact associated with truck trips traveling to/from the facility. Varra has addressed on-site impacts from nighttime operations with a site plan that includes buffering and focuses activities toward the center of the property, thereby maximizing setback distances to neighboring parcels. The hourly distribution of truck trips for this type of facility was provided in Section 3 of this report. Varra's facility in Ft. Lupton was used as an example of the type of trucking activity that could be expected. According to the data from their Ft. Lupton facility, truck trips are minimal during nighttime hours. Peak truck activity at the facility occurs between 7:00 AM and 4:00 PM. It is anticipated that two truck trips or less will be generated per hour during the late evening or early morning. This minimal level of activity is not expected to cause significant noise or air quality impacts to residents near the site. 4-8 ' CR-8____ ry Ilan J j L rim . Lin I �J r 1 "`y17 17/60 0 M 26/16-i 0/ r t/4� :...f 2V-' --165/56 10/92- . t� J j 4 F21/51 7/5-1S aa, • 16/56-0- U 55-s i 23/61 --46/32 i 'sk C 13&10 15/40 i i r j `7/1 20152 (-97 7/2 mtn 29 17/5- n?3 CR-6 —___ 1 _et afire r ! ` +-1/15 313- 29/21- m�e 3/0-1 r- 1204/266 690/451 it 166267, , i r 543/635-- am r ela mdg$ 14026 CN "-e --773/594 m" ..III— `7/14 417 ! L, 112/13 e a "+i7.rciwBfii 15/573 1 f r t r 660/1/0/25— a�^'^ CO C,IN 60/125-1 co m el r w 1-oo 669/552 M on 113 L. 1261177 p �. -, 2/3 L. 135/103 J 426/929— S47B ee S V -335/397-+ 971162 4 SH7 CR-2 _.._ 11/ Varra Aggregate Facility Future Traffic Volumes (AM/PM) J:\_Transportation\070937\Graphics\Future Tree Volumes.FH9(6/2001) Figure 7 CR-8 _ ___- . (aA)41/4 "7-(NA) (aB) laAl $$.4�'s'.Y•x 9S4 .\-.. ;`\-3-(A/A) (NA)+3:� (A/A) -'- (A1A){- (A/A) (ZA) PA/s) ck (A/A)` I Met -- I . (NA)-f V' I (NA) CR-6 1i !' i (NA) 144A) h i( (B/B{ `' (NA) - 'I r a±(NA) lr Legend (AM/PM) LOS •j = Stop Sign S = Signal 41E/C) (D/F) A AI =Yield Sign 25 (cicFr 6+ (E'D) (N A) ± r ci U , (C/B) 4" V�_-(E/C) (NA) (C/D51 SH7 " CR-2 Varra Aggregate Facility Future Geometry and Level of Service (LOS) J.\_Transportation\07083TGraphlcs\Future Ceom&LOS FR")(O2001) Figure 8 5.0 CONCLUSIONS A thorough traffic analysis of Varra's proposed North Metro Distribution Center has been completed. This analysis addressed all technical areas that were requested by Weld County staff. The following conclusions related to traffic have been drawn: ➢ The proposed facility will generate 72 daily trips. Approximately 40 percent of these will be large truck trips. ➢ The proposed facility will not have significant capacity impacts on area roadways. ➢ A traffic signal is currently warranted at the intersection of SH 7 and the Frontage Road. ➢ The Southern Haul Route is preferred over the Northern Haul Route. ➢ The SH 7/WCR 2 intersection and the intersections at SH 7/1-25 appear to have sufficient radii to accommodate large truck movements. ➢ Minor improvements may be required at the SH 7/WCR 2 and WCR 2/WCR 11 intersections to enhance large truck operations. The extent to which mitigation measures are implemented will depend on the remainder of the permitting process for this facility. J:\_TransportaGon\070837\Manage\ReportWarra_Traffic_Report_R.doc 5-1 Appendix A Kim Ogle- PLAN5USR.WPD Page 1 MEMORANDUM TO: Monica Daniels-Mika Date: September 17, 2001 Director of Planning Services FROM: Donald Carroll, Engineering Administrator SUBJECT: USR-1341, Varra Companies Diane Houghtaling, our traffic engineer, has reviewed the traffic impact study supplied by Carter-Burgess. The study identifies two locations which are not on the County road system. The applicant shall supply written documentation from the cities of Northglenn, Broomfied, and the State of Colorado that they are aware of the project and have the opportunity to comment or work with the applicant on any improvements identified in the traffic study that's associated with the Use by Special Review permit. pc: USR-1341 M:\wpfles\don-c\plan5usrwpd g. EXHIBIT N us+e 9.<3y/ CAROL Harding Docl.doc Page 1 ii 10/17/01 Re: Docket Number#2001-73 Date: 10/24/01 Time: 10:00 a.m COUNTY COMMISSIONER: • Please be informed that I am totally against the authorization of Weld County to allow the' asphalt and concrete batch plant to be built as stated in the above docket number. This would bring so much more heavy truck traffic and with all the dirt roads, this would be disastrous to our dust and air problem in our little community. This is still a farming community, not a cm uuercial area. • ii I AM TOTALLY OPPOSED TO IT. Arlyne Glardon Arlyne Glardon 6989 Weld County Road 6 Brighton, CO 80603 • • • iii 4 EXHIBIT US✓Z #134/ HAZEL K. FRANK 1596 Weld County Road 15 Brighton, Colorado 80603 _ (303) 659-3795 October 17, 2001 Board of County Commissioners Weld County 915 10th Street Greeley, CO 80632 Re: Docket#2001-73, October 24, 2001 Pasquale and Jacqueline Varra, c/o Varra Companies, Inc. Request for Site Specific Development Plan and Use by Special Review Permit#1341 for Asphalt and Concrete Batch Plant, etc. Gentlemen: I am writing to express my objection to a change in the zoning for part of the S/2NW/4 of Section 25, Township 1 North, Range 68 West (west of WCR 11 and 1/4 mile south of WCR 6) for the construction of an Asphalt and Concrete Batch Plant. My concerns are as follows: • Odor The downwind neighbors of this proposed plant would be subjected to the very nauseous smell of asphalt, perhaps, at some point, continuously. • Dust Increased traffic on the dirt roads is already causing health problems to some neighbors due to the dust clouds. The extreme winds we experience in our area would cause the sand and gravel at this proposed plant to significantly aggravate this existing problem. • Safety Increased traffic would not only exacerbate the road dust problems but heavy truck traffic will likely cause safety problems on Weld County Road 6 where the speed limit is not enforced. • Groundwater Waste products from the plant could contaminate groundwater and wells in the area. • Loss of farmland As soon as the water is sold off the land (which it is, of course, the owners right so to do) it seems it is no longer considered prime farmland. However, much of Weld County consists of dry land farming. Will all parcels in southern Weld County that do not have irrigation water be targets for development 14 EXHIBIT T IA52..1134 I Weld County Board of County Commissioners Page 2 October 17, 2001 because they are no longer considered "prime" farmland, even though they are currently zoned for agriculture? I understand that in Weld County the rights of individual property owners are paramount. However, the area surrounding this proposed plant is zoned agricultural and it would seem that granting a special use permit for this proposed plant gives a new right to just one property owner that did not previously exist. There are neighbors of this proposed plant that have lived on and farmed their land in the area for five generations and would like to continue to do so without the problems this plant would create. These families cannot pick up their heritage and move it elsewhere. It is my hope that you will acknowledge the right of the neighbors of this proposed plant to continue to enjoy their agricultural environment by refusing this permit request. If, however, you do approve this commercial use, please protect those who live in the area by requiring odor and dust mitigation measures, groundwater protection and berming and mature landscaping to preserve the rural nature of this area as much as possible. Due to work commitments,I am unable to attend the meeting on October 24th but I hope that my written objections will receive the same consideration they would if they were delivered in person. Very truly yours, Hazel K. Frank • October )5, 2!1f1_ wt` '-u "l.:iii: '( C Duane and Bernice fl.rkne,-er 5 ! ; -'l J- 9`7 `1el�i County goad 1� 1 �r' �� j 8: .�3u Brighton, CO .30613 Board of County Conn' .field County, Col orado -- 9)5 10th street, First Floor Greeley, Colorado 306r Docket Humber: /2.nfl.-73 Special ?eview Per-ait ;7.341. .lnnlica.nt: Varra. Connanies, Inc.. Dear Board of County Commissioners -1eld County Colorado: It is our sincere hone Cat you as our elected county officals consider our concerns as you would your own if this facility -•-ere nermi-tted to operate nenr ypnr nr.or er.ty. Permits are being annlied for -•rhi_ch nnny of us feel- are undesirable in our .Agricultural Zone District. Of course, we are not necessarily against all these facilities. However, the rronosed nsphniti nl"nt, etc. -Till. definitely have an adverse —"net on our clu=rlity of Jiff,. Farn land is being taken out of production. Our hell th, as well as our ani:pal's health is in ,jeopardy. 'hat ':ind of land-caning -i 1.J. be reen i.red? •rant of,ei barri.r rs be implemented to c'zrb d st•, rrel l, .'to i se ^.nd other nol l utants: The hour of orerati::n shoulu be lini ted. Fow will_ drilling n. well on site affect e:•:isting water wells on surroundi.n7 pro_,ert.'es? Low will the r-ater be monitored? The use of railroad car: -ri.l.l. increrse the rich of •m to-tr-in coli'.son s on field County ?oad 6 between '•leld County o'mJ1 13 an.1. ',Old Count-.7. load 11. This railroad track also cro-se s 'Told County load 2 between lel.d County road 13 and -.1eld County +lo,{t 11 . 'Jc have rens•-,�: tD 'oel vc.: '?'_) inns i.ntere:st in using the exi.stior ra.ilro:,d track for ni:'-' 'c t:ransnurtn.ti.on. T:(r., mriJ.' -ranting Varrn. use of the railroad s-cur affect - T}'s plans? There will 1.1 be incren.scd t~'i.ff i c :..ee^ure tl'C:'. S I tc -Till have to truck in raw rtatcrial-s, in^1_uain- -ier. s'nce none exist• o'i the property. Cur pronort"" is )r) feet .rro the' pro o;e..i site. has been nrovi_ding our 1.' el .hood -'war -enera':.,.,u n, rc Lo"e i.t continues to do so. Thank ;or for ""l-lo u.rr us. to .,.rescnt our c: :,ccrn-. 'yfore the board. Tesnectfuil Submi_tte , r.�.•�,-..�__ -�_ = EXHIBIT C Juan. and Bern Ice K Kirkmeyer � ! � Manuel Montoya Subject: Varra Cement Products Start Date: Thursday, October 18, 2001 Due Date: Thursday, October 18, 2001 Priority: High Status: In Progress Percent Complete: 25% Total Work: 0 hours Actual Work: 0 hours Owner: Manuel Montoya Fax TO: Chris Gathman '11 © ..30 "� Ct� From: Manuel Montoya, General Manager To follow upon our conversation this morning I am requesting that the approval of the special use for Varra be subject to resolving issues with FRICQ. Our issues are as follows: 1. FRICO company house and land are at the corner of the proposed special use property and we are concerned about the noise and dust from the operation. 2. The use of the Bull canal for emergency access has not been agreed upon. 3. Water to the site though our system has not been agreed upon. 4. Water usage on the site due to a dry up covenant may not be allowable. To date Mr. Varra is continuing to negotiate. We should have an agreement by November 7th approved if negotiations continue in a reasonable manner. I am concerned that negotiations 'nay stop if approval is granted before finalizing the agreements. The Agreements involve 1. The purchase of FRICO property so that we can relocate away from the cement product operations. 2. An agreement for the use of the Bull Canal property for emergency access. 3. An agreement for conveying water to the property for Varra that can be legally used for their operations. EXHIBIT 1 U5ea#I syl DpasQvl,,is Graham & Stubbs LLP Ga�r��Q\a��\�01 CC'( %�‘1t9 October 17, 2001 cstc Members of the Weld County Planning Commission and the Board of County Commissioners 1555 North 17th Avenue Greeley, Colorado 80631 Re: Docket#2001-73, Permit#1341 Township 1 North, Range 68 West Section 25: S/2NW/4 Weld County, Colorado Dear Ladies and Gentlemen: This firm represents Kerr-McGee Rocky Mountain Corporation ("KMRMC"), formerly HS Resources, Inc., with respect to its oil and gas leasehold interests in the above captioned lands (the "Property"). KMRMC has previously objected to approval of the Site Specific Development Plan and the Use by Special Review Permit#1341 (the "Permit") for applicant's asphalt and concrete batch plant on the Property. KMRMC first learned of the development plan when it received notice for a hearing before the Planning Commission. Since the meeting before the Planning Commission in July, the applicant and KMRMC have had only one on-site meeting to evaluate the oil and gas uses and development plans. Instead of following up the on site meeting with meaningful discussions of accommodation or an attempt to resolve the specific conflict concerning two future drillsite locations that will be lost, Mr. Bradford Janes, on behalf of the applicant, chose to respond to the on-site meeting by providing a letter to KMRMC one month later accusing KMRMC of using the Weld County Board of County Commissioners as a means to an end to gain control over the surface. Mr. Janes' letter surprised KMRMC personnel who understood the on-site meeting to have been fruitful toward the two sides introduction of one another's surface use needs. In this instance there has not been a legitimate effort to negotiate a surface use agreement that accommodates both the anticipated surface and mineral development. Mr. Janes' letter indicates a lack of understanding and good faith toward oil, gas and mineral property rights. EXHIBIT #399530v2 . October 17,2001 10:48am Dustin M.Ammons,Esq. . 303 892-7488 . dustin.ammons@dgslaw.com US 1590 Seven eemh Street Suitt S00 L,Inver, Colorado 8020; • s(0 892 9400 fax 303 893 1329 ww w.d 9 slaw_corn Members of the Weld County Planning Commission and the Board of County Commissioners October 17, 2001 Page 2 KMRMC responded to Mr. Janes' letter by explaining legitimate surface use rights of mineral owners such as KMRMC, which mineral ownership is recognized by well established Colorado common law and by the Colorado Legislature as being on equal footing with surface ownership. Also, we have reminded Mr. Janes that the applicant's surface title was acquired subject to surface use easements granted in the governing 1970's oil and gas lease and the Owner's tiiat adilllil7.^.ai'G:CpanSive ilSe e83l:la,viiaS ..OVti.rliig Property t'✓irC granted I^,a Surface Agreement dated January 16, 1990, recorded in Book 1254, Reception No. 02203369 of the real property records of Weld County, Colorado,which Surface Owner's Agreement would be breached should the applicant pursue current development plans in accordance with the Permit without first accommodating the mineral estate. KMRMC must continue its objection because the plan does not accurately reflect or account for existing mineral uses,nor does the plan accommodate reasonable development at two future drillsite locations. Two drillsite locations will necessarily be lost due to the development plan if permitted as is. Approval of the Permit will prohibit KMRMC from exercising valuable property and contract rights. KMRMC's vested property rights and contract rights to operate the Property as a reasonably prudent operator will be impaired and lost because KMRMC will be forced to immediately drill or lose the two future drillsite locations. Development plans should not be approved where such plans have the effect of violating existing surface use easements and the legitimate property rights of affected mineral owners. If you have any questions concerning KMRMC's objection, please do not hesitate to call. Very truly yours, tom, 74. Cnl.m,r,o, ,, Dustin M. Ammons, Esq. for DAVIS GRAHAM&STUBBS LLP cc: Christopher J. Greneaux - KMRMC Dan Casper- RME Molly Sommerville, Esq. •0CT-22-01 M0N 12:02 P11 FAX NO. 3033764495 P. 02 WELBORN SULLIVAN MECK &TOOLEY, PC. 92117th Street,Suite 500Denver,Colorado 90202 ATTORNEYS AT LAW Telephone:303-830-2500 Facsimile:303-832-2366 Hnail:wsmtewsmtlaw.com John E Welborn stcphcn J.Sullivan John F Meek October 22,2001 Keith D.Tbolcy Kcndor F..Jones Brian S.Toolcy Thomas C.McKee Molly Sommerville William R.Rapson Kathryn Haight Via Telefax and U.S. Mail Stephen A.Bain Amy E.Mang Danielle V.Smith Mr. Chris Gatlunan Rebecca N.Wdburn Department of Planning Services Special Counsel 1555 N. 171h Avenue Normans.Earty,Jr. Greeley, Colorado 80631 of Counsel Robert F.Welborn Re: Varra Companies, Inc. USR 1341 Township 1 North, Ranee 68 West Section 25: S2NW4 (portion) Weld County, Colorado Dear Chris: Enclosed is a letter dated this same date which I ask that you provide to the members of the Board of County Commissioners at the hearing on the application that Van-a Companies, Inc. ("V arra")has filed with Weld County for a special use permit for an asphalt and concrete batch plant for property identified as a portion of the S2NW4 of Section 25,Township 1 North,Range 68 West ("Property'). As you are aware, RME Petroleum Company and RME Land Corp. ("RME entities") own all of the minerals that underlie the Property and filed an objection with the County by letter dated July 9, 2001 entitled "Notice of Mineral Interests Owned by RME Land Corp. and RME Petroleum Company and Objection." The letter I have enclosed states that Van-a and the RME entities have not resolved their issues related to the disposition or compatible development of the mineral and surface estates and that Brad Janes has not contacted me to set up a meeting to discuss the resolution of the issues as I requested in my correspondence to him. r EXHIBIT T use 413 •0r-22-01 M0N 12:02 PM FAX NO. 3033764495 P. 03 Mr. Chris Gathman October 22, 2001 Page 2 If you have any questions regarding this matter,please call me, Best regards, Molly Sommerville MLS/jkj Enclosure cc: Marla Jones, Esq. Don Ballard Tom Marranzino Dan Casper Chris Greneaux/Kerr McGee Dustin Ammons/ for Kerr McGee S WLS\UnionWV arralvarrawcldinbjecrioncovcr.wpd 0tT-22-01 M0N 12:02 PM FAX NO. 3033764495 P. 04 WELBORN SULLIVAN MECK &TOOLEY, P.C. 821 with street suite 500 Denver,Colorado 80202 ATTORNEYS AT LAW Telephone:303830.2500 Facsimile:303-832-2366 Small:wsmt@wsmtlaw.com John E.Welborn Stephen J.Sullivan John E.Meth KNth D.Toolcy October 22, 2001 Kendor 8 Jones Brian s.'rooky Thomas C.McKee Molly Sommerville Via Telcfax and U.S. Mail William R.Ripon Kathryn Haight Kristen L Mix Members of the Weld County Planning Commission StephenA.Hain Amy E Mang and Board of County Commissioners Danielle vwuetsky 1555 North l71° Avenue Rebecca N.welbom Greeley, Colorado 80631 Special Counsci Norman 5.Early,Jr. Of Counsel Re: Yarn Companies, Inc. Robert F.Welborn USR 1341 Township 1 North. Ranee 68 West Section 25: S2NW4 (portion) Weld County, Colorado Ladies and Gentlemen: This law firm represents RME Petroleum Company ("RME Petroleum") and RME Land Corp. ("RME Land") with respect to the special use permit application that Varra Companies, Inc. ("Varra") has filed with Weld County to locate an asphalt and concrete batch plant on property located in a portion of the S2NW4 of Section 25,Township 1 North,Range 68 West("Property"). The RME entities own all o f the minerals that underlie the Property and have previously filed an objection with the County by letter dated July 9,2001 entitled"Notice of Mineral Interests Owned by RME Land Corp. and RME Petroleum Company and Objection." The RME entities also provided Mr, Brad Janes, representative for Varra, with a letter dated July 9, 2001 in which they proposed a resolution of the disposition of the minerals other than oil and gas that are owned by RME Land and asked to meet with Varra to discuss a surface use agreement to be entered into among RME Petroleum, Ken McGee Rocky Mountain Corporation (formerly known as HS Resources, Inc.) and Varra with respect to the oil and gas interests. Varra has not responded to my proposal to meet to discuss and resolve the compatible development of the mineral and surface estates to date. For this reason, the RME entities continue to object to the Application and ask that the Board either deny the Application or include a condition to the approval of the Application that Varra work out agreements with RME Land and RME Petroleum prior to any construction on the surface of the Property. - OCT-22-01 M0N 12:02 PM FAX NO. 3033764495 P. 05 Members of the Weld County Planning Commission October 22, 2001 Page 2 to the approval of the Application that Vasa work out agreements with RME Land and RME Petroleum prior to any construction on the surface of the Property. Please include this letter in the record of the proceedings on the Application. Best regards, Molly Sommerville MLS/jkj cc: Marla Jones, Esq. Tom Marranzino Don Ballard Dustin Ammons, Esq./for Kerr McGee Chris Greneaux/Kerr McGee S:4MLSUnion\VJnuw;irr wcld2objccuon.wpd 1 4,6 Ar iC ` In I C ,� o �p ll,4' 0y4. MLrRG ( I ) p{ 7 f r it : t'lltri'i ill,1 11 r 1 I. {' i t( t� t ,'.aaw 'a^+'rri w ,, • Y.. _ysxn. 3+- • i "� s rt; IEQ 'iF.a (iii . ' 11' '� �;�tF�lisfi,t��(��l.�i�l�1l�Il li`ghii} 'x ' StrAtt f ktt r v , .1 ,' 'ASP 1 it �`�IQ'.' . ,' t ,.. IS t p ) g'$ ER IyIV.C TH 9 6 t} i h j ,�(Y�t{. , inn t �Wt tt J r u`h-� t�d M�Gi r.fi.Iv sc.., 3 i II�� 'r i9 ia. k e tY ; - r '1.i ` 'I �� t.4 ,SREET; GREE ,� LO 'A . ! 8 r 1�C' r � I vi �� LL } �� G.IfJ Sai�` (1�/�T i� t " OO A : i ki �j 1715'41. h Vg,,;:h1 • I1 "°•` :" ' o RMORE INFORMATION CALL THE' k i , �'�•°� °� � t D'�C�Ot1NT1' DEPT., OF P •LANNING ,;�� 7f' V ' � �IijlprHSIhI'StI34pti �h ��1� .{�� „i��i II q�4 t s ` � 00 � !!>, p� �� i' , N� �.L..� r,.:,r.W1}-uh it �t�ti� i tI>> rl , i IYit3lhtttl,ttt , I!b t t � II� o; fi e's , 7 { a �� i s c Sign Posted October 12, 2001. VE,r1-0J0-4 `� 4 EXHIBIT usre*/34/ SEQUENCE • Brad Janes & Varra Companies, Inc. • North Metro Distribution Center - WHAT IT IS - WHAT IT DOES. I. DISTRIBUTION OF MATERIALS FOR INFRASTRUCTURE. II. BROOMFIELD ANNEXATION IMPLICATIONS. III. COMPLEMENT THE DEVELOPING COMMUNITY. IV. EXISTING CONDITIONS IMPROVED AND IMPACT TO CENTER OF PROPERTY. • All Activities are Fully Regulated. • Present Zoning • EXISING CONDITIONS I. A - AGRICULTURE A. DETERIORATED CROP LAND B. GOING TO WEED AND SUBJECT TO WIND AND WATER EROSION. II. NOT PRIME A. WATER DIVORCED. B. LESS THAN 80 ACRES. • Surrounding UseS - SUP - .SPECIAL USE PERMITS. • SITE DEVELOPMENT AND OPERATIONS - SHOW MAP. A. COMBINATION OF PLANTS - modern concrete plant with current epa specifications. 1. Materials & Commodities 2. Rail and related accessory uses. 3. Commercial Office linked to USR activities. B. EMPLOY UP TO 18 EMPLOYEES. C. 24 HOURS GENERAL - 12 PRIMARY IN 3 SHIFTS OR ONE WITH OVERTIME. D. 63 (72 IN TRAFFIC STUDY) MEAN TRIPS PER DAY. E. WATER - delivered for two plants & misc. in two 5,000 gallon trucks per day. F. Commercial Exempt Well for sanitary water G. Septic as designed by Reg. Prof. Engineer. EXHIBIT V $ MSC fag/ .- • EXISTING INFRASTRUCTURE - & DEVELOPMENT: ROADS - TRAFFIC. A. Primary Haul Route = South & distributed similar to the approved traffic study by Carter Burges. B. BROOMFIELD AGREEMENT - STATUS. C. • PROTECTIONS - ALL REGULATED GROUND: A. ALL IMPACTS TO CENTER - modern plant - current epa standards. B. LANDSCAPING. C. ODOR - asphalt - apx. 100 feet due to bag house - our sources. D. NOISE 1. 400 FEET = BACKGROUND RESIDENTIAL. 2. E. WATER - DEVELOPED AND HISTORIC FLOWS F. WIND / DUST ABATEMENT - detachment & transportation 3. flatter. 4. lower profile protected f. West North winds. 5. managed landscape. 6. concrete drive - 300 feet from rd. 11. 7. GRAVELED YARD & BALANCE OF DRIVE. 8. REDUCED SPEEDS - 30 MPH. 9. • REMAINING CONCERNS: A. Sub-SURFACE INTERESTS B. FRICO C. STIPULATIONS IN THE USR. • fa, Varra Companies, Inc. Office of Special Projects 1431 East 16`"Street Greeley,Colorado 80631 Telephone(970)353-8310 Fax(970)353-4047 Wednesday 24 October 2001 Chris Gathman, Planner Weld County Department of Planning Services 1555 North 17th Avenue Greeley, Colorado 80631 Subject: Clarifications. Use by Special Review Application Varra Companies, Inc. North Metro Distribution Center S/2NW/4; Section 25; Township 1 North; Range 68 West; and, N/2SW/4; Section 25; Township 1 North; Range 68 West; all in the 6th P.M.; Weld County, Colorado. 1. Colorado Geological Survey: The submittal appears to adequately address the concerns of the CGS. Septic has been designed by a qualified engineer and engineering will continue with all built structures. Organic soils and swelling clays will be managed as specified by the engineer, and will no doubt satisfy the concerns expressed in their correspondence of 15 June 2001. The Dust Abatement Plan in the permit was initially overlooked by Weld County Health, and based upon conversations with Charlotte Davis, this plan is acceptable to her department. 2. FRICO: Our rights to the surface include the right to build access along the FRICO easement, as long as it does not interfere with their rightful use of that easement for passage of water and maintenance of their ditch. Respective of weed control at the ditch, it would probably benefit them as well as providing for easier access for their employees. The requirement by the County to negotiate under the threat of the USR denial or delay in part yields initiatives where rights that might not otherwise apply are assumed as part of a belief of negotiation advantage. If we make to much of an issue of it up front, or take them to task early, we run the risk of appearing difficult or whinny. We have endeavored to buffer and protect the present caretaker property to the limits of the site potential. We are not to our knowledge required to purchase the property, however, we have gone to the trouble and expense of having the property appraised and EXHIBIT u& t134I offered FRICO the appraised value. We believe we are acting in good faith. 3. Landscape Plan: Attached is a revised plot plan showing the field fit limits for the proposed landscape berms, which should serve to interrupt any residual visual and noise impacts at the location. The balance of the revegetation strategy is clearly detailed in the original submittal. 4. Per my discussions with Charlotte Davis, enclosed are proofs of submittal to Colorado Department of Health for respective fugitive dust (APEN) and stormwater permits. Charlotte agreed to allow consideration of the vehicle and drum washing areas to be addressed in the building permit. Additionally, Charlotte appears satisfied with the commercial exempt well for providing sanitary water supplies. The engineered septic plan will be pursued along with (at the time of) the building permit. Naturally, I trust Charlotte will verify this understanding and I have copied her on this correspondence and attachments, as indicated below. Thank-you again for your kind assistance. Respectfully, Varra Companies, Inc. teit) Br df rd Janes P o ssional Forester cc. Christopher L. Varra, President Varra Companies, Inc. Charlotte Davis Weld County Health Enclosures: 1. Correspondence and applications to Colorado Dept. of Health for APEN and stormwater permits. BLJ/b1j. Varna Companies,Inc.—North Metro Distribution Center 2 Weld County Use by Special Review—May 2001 Correspondence to Chris Gathman,Planner—Frdiay 14 September 2001 VARRA COMPANIES, INC. 13204 Construction Permit 119. 96 Application-N. Metro Dist. 10/1/01 13204 CO Dept of Public Health & Env $119 . 96 HERITE BANK VARRA COMPANIES, INC. LAFAYETTE,C0L0RAD0 13204 OPERATING ACCOUNT P.O.BOX 2049 82-600/1070 BROOMFIELD,COLORADO 80038-2049 (303)666-6657 13204 Oct 1, 2001 *********$119. 96 Memo: Air Pollution Control Div. DATE AMOUNT One Hundred Nineteen and 96/100 Dollars PAY rOTHE CO Dept of Public Health & Env ORDER 4300 Cherry Creek Dr. South De nver, CO 80246-1530 30 44. Aq• SECURITY FEATURES INCLUDED.DETAILS ON BACK. !q n'O L 3 2O4O I: 10 7006001o: O L L6 2 5 70 U.S.Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) La r-- DENVER, CO 80246 = Postage s 0.80 0 Certrn ified Fee 2.10 <3:7 NA 9 co Return Recalp[Fee 1.50 Postmark Rcyl: 3001 (Endorsement Requke ri l7 Restricted Delivery Fee O (Endorsement Required) n Total Postage&Fee. $ 4.40 1,0\O. al �'r w ul 'ec p s me ( r t Marty) •bloc e *0r t 0 51MQ Apt.N zorP qi•o. 1��y / y( 0 aN, / I r SF.rm3:tt,Fe.ruary2nt see Reverset•rtnstructi.ns �i� k.tOtt ' , V v t i t Y 1 • PO. Box 2049, Broomfield, Colorado 80038-2049 Bus.: (303) 666-6657 • Fax: (303) 666-6743 October 10, 2001 Dirk L. Wold Colorado Department of Public Health and Environment Air Pollution Control Division APCD-SS-B1 4300 Cherry Creek Drive South Denver, CO 80246-1530 Subject: Application for Construction Permit for Varra Companies, Inc — North Metro District Center Dear Dirk: Enclosed find required documents — 1. Construction Permit Application 2. Fugitive Dust control Plan for Land Development Dirk, If; you need additional information, please contact me at the office at 970/353- 1529 or mobile 303-591-3944. Thank you in advance for your assistance. Sincerely, etb 3 k Lorenzini, Safety Coordinator, Varra Companies, Inc Enclosures jl/Irm Ready Mix Concrete Division 1431 East 16th Street, Greeley, CO 80631 • (970) 356-7777 • Fax (970) 353-4047 15457 Highway 52, Ft. Lupton, CO 80621 • (303) 857-1777 Sand & Gravel Greeley (970) 353-1529 • Fax (970) 353-4047 Longmont (303) 666-6657 • Fax (303) 666-6743 • idn:edu Itep,i en' ded I.r..r An I'nllulion ( totii tl I lr. nn,u - LAND DEVELOPMENT - Air Pollutant Emission Notice (APEN) - and - Application for Construction Permit New Facility ❑ Transfer of-Ownership • Li Change in Production ❑ No Change(APEN Update Only) * Note: If you are transferring the ownership of a permit, you must also submit an Administrative Amendment form and Transfer of Emission Permit Agreement form. Permit Number MRS Number Company Name: Varra Companies, Inc Billing Address: 12910 Weld County Road 13 Zip Code: 80504 Longmont, CO 80504 Person to Contact: Christopher L. Varra Phone Number: 30.3-666-6657 Email Address: Fax Number: 303-666-6743 Please provide description of the activity: (Also, please provide a site map) Material stockpiling and processing — concrete, asphalt, sand and gravel, recycle materials, landscaping materials, other commodities, and related rail. Project Name & Location: North Metaro Distribution Center County: Weld Section: 25 Township: IN Range: 68W Total area of land in project: 69.48 Acres Dateearthmovingwill— Commence: Upon approval of USR Stop: Approximately 1 year of Total area subject to earthmoving: 69.48 Acres start (less rail) rail Area to be paved (roads,parking lots): N/A Acres approximately 8 months Date paving will be completed: N/A after approval of UPRR Estimated time to complete entire project(includes buildings) 2 — 5 years Brief description of how the project development will occur: All earth moving will commence upon approval of the USR. Total construction is anticipated to take up to one (1) year. Construction of rail will commence approximately eight (8) months following submittal of engineering for approval - from the Union Pacific Railroad. Two (2) to Five (5) years to complete site development. PYv:•.cd Jul% 20111 -n .•v.‘• out • idrrl.ldri I).•; v. P II d i:,,IIPt and Iii. riicur-ni All 1'ullunun l r,n trot Uicr.ion - -AND DF\ vIA)p jF,Nr - • FI:GIIIVE DUSK CONTROL PLAN FOR LAND DEVLLOI'MFNI (This must he submitted wilt,the Air Pollutant Emission Snlicc-and-Apphca!ur,n for IRnission 1'emnt) Regulation No. I requires that a fugitive dust control plan be submitted by applicants whose source/activity results in fugitive dust emissions. The control plan must enable the source to minimize emissions of fugitive dust to a level that is technologically feasible and economically reasonable. If the control plan is not adequate in minimizing emissions a revised control plan may be required. The control plan (if acceptable to the Division) will be used for enforcement purposes on the sources. Please check the dust control measures which you propose for your activity. The Division will enforce the control measures checked. Use separate sheets if more space is needed. Also note items with an asterisk(*). This indicates those measures which will probably be required. Control of Unpaved Roads on Site Watering ❑ Frequent (Watering Frequency of 2 or More Times Per Day) • As Needed • Application of Chemical Stabilizer when necessary • Vehicle Speed Control Speeds limited to 30 mph maximum. Speed limit signs must be posted. (Generally 30 mph is maximum approvable speed on site.) Gravelling II. Control of Disturbed Surface Areas on Site Watering ❑ Frequent(Watering Frequency of 2 or More Times Per Day) As Needed Application of Chemical Stabilizer - when necessary ® Vehicle Speed Control Speeds Limited To 30 MPH Maximum. Speed Limit Signs Must Be Posted. pg Revegetation Revegetation Must Occur Within One Year Of Soil Disturbance ❑ Seeding with mulch Seeding without mulch ❑ Furrows at right angle to prevailing wind Depth of furrows Inches(must be greater than 6") ❑ Compaction Of Disturbed Soil On A Daily Basis To Within 90 % Of Maximum Compaction (As determined by a Proctor Test). ❑ Foundation areas only; or ❑ All disturbed soil. Wind Breaks (natural) Constructionwill lower profile of site Type: (Example: Snow Fence, Silt Fence, etc.) ® Synthetic Or Natural Cover For Steep Slopes. Type Natural (Netting. Mulching, etc.) Rrsisc'rt Julc .'rlii: ( oL,railo I Pubii, Heidi!) and lido.iii�;ni:ent Air Pollution t onurol Un isinn - LAND DE\ FLO1'N11' 1T - III_ Prevention Of Mud And Dirt Carried Out Onto Paved Surfaces A Prevention • Gravel HKtp(XV4)( Access • Washing Vehicle Wheels — When necessary ® Other: Concrete entry ways (300' initially from point of entry) Cleanup of Paved Areas Frequency: as needed Times Per Day ❑ Street Sweeper ❑ Hose With Water Other: water trucks Additional Sources of Emissions List any other sources of emissions or control methods Upon completion of the distribution center — emission sources from loading and transporting materials to haul trucks and / or railroad cars will need to be addressed. (Water and spray bars will be used to keep materials moist)/0 - 9-0/ Signatu of a Responsible Official(not a vendor or consultant) Date Christopher L. Varra President Name (please print) Title • • Check the appropriate box if you want: O Copy of the Preliminary Analysis conducted by the Division ❑ To review a draft of the permit prior to issuance (Checking any of these boxes may result in an increased fee and/or processing time) Send this form along with $119.96 to: Colorado Department of Public Health and Environment Telephone: (303) 692-3150 Air Pollution Control Division APCD-SS-B1 4300 Cherry Creek Drive South Denver, CO 80246-1530 Small Business Assistance Program (303) 692-3148 Small Business Ombudsman (_03) 692-2135 he.ised -'bill MAMMA l.vmrA171Ca., mt,. 13205 Storm Water Permit-N. Metro 119A6 Dist. Center 10/1/01 13205 Colorado Department of Health $119 . 96 HERITAGE VARRA COMPANIES, INC. LAFAYETTE,COLORADO 13205 OPERATING ACCOUNT P.O.BOX 2049 82-800/1070 BROOMFIELD,COLORADO 80038-2049 (303)666-6657 13205 Oct 1, 2001 *********$119 . 96 Memo: Storm Water Permit DATE AMOUNT One Hundred Nineteen and 96/100 Dollars TOME Colorado Department of Health //11 oF ORDER Department 436 Denver, CO 80281-0436 L. SECURITY FEATURES INCLUDED.DETAILS ON BACK. LL r I'D 13 20 511' ': 10 7OO6OO1o: 0 1 16 2 5 7" l Y 1 • PO. Box 2049, Broomfield, Colorado 80038-2049 Bus.: (303) 666-6657 • Fax: (303) 666-6743 October 10, 2001 00 f--)11/ Kathy Dolan Colorado Department of Public Health and Environment Water Quality Control Division WQCD-P-B2 4300 Cherry Creek Drive South Denver, CO 80246-1530 u.s. Postal Service CERTIFIED MAIL RECEIPT Plan for Varra Companies, Inc — North Metro (Domestic Mail Only; No Insurance Coverage Providgd) ion m N N r-'7 Postage $ 1.03 it Plan documentation as required: p Certified Fee 2.10 Q��ST4 to Return Receipt Fee 1.50 ' Postma m (Endorsement Required) 50 O Restr(Endorsement Required) Total �' ,11(•.� 3DL O (Endorsement Required) Total Postage Fees $ 4.63 ;onstrul:tion Activity I-fl t+l 'ec/p!e//y(Ys N me/�� l a pr/ t p.:' y, co GGG••.� •'_ � (t �'T7:I:htT.0 additional information, please contact me at the 't, t ;N • `t -- �•- 591-3944. Thank you in advance for your • --------� z�_`�� r� ,-s • State, p Fe•ruaryyn aS Sincere y, See Reversef•rfnstructi•ns e-0) k L e zini, j Safety Coordinator, Varra Companies, Inc Enclosures Ready Mix Concrete Division 1431 East 16th Street, Greeley, CO 80631 • (970) 356-7777 • Fax (970) 353-4047 15457 Highway 52, Ft. Lupton, CO 80621 • (303) 857-1777 Sand & Gravel Greeley (970) 353-1529 • Fax (970) 353-4047 I nnornrint MT 6RR-RRs7 • Fax r9nsl RRR-6748 A PO. Box 2049, Broomfield, Colorado 80038-2049 Bus.: (303) 666-6657 • Fax: (303) 666-6743 October 10, 2001 Kathy Dolan Colorado Department of Public Health and Environment Water Quality Control Division WQCD-P-B2 4300 Cherry Creek Drive South Denver, CO 80246-1530 Subject: Storm Water Management Plan for Varra Companies, Inc — North Metro District Center - Construction Dear Kathy Enclosed find Storm Water Management Plan documentation as required: 1. Construction Activities Description 2. Site Maps 3. General Permit Application for Construction Activity Kathy, if you have questions or need additional information, please contact me at the office at 970/353-1529 or mobile 303-591-3944. Thank you in advance for your assistance. Sincerely, L. a zini, Safety Coordina or, Varra Companies, Inc Enclosures Ready Mix Concrete Division 1431 East 16th Street, Greeley, CO 80631 • (970) 356-7777 • Fax (970) 353-4047 15457 Highway 52, Ft. Lupton, CO 80621 • (303) 857-1777 Sand & Gravel Greeley (970) 353-1529 • Fax (970) 353-4047 PO. Box 2049, Broomfield, Colorado 80038-2049 Bus.: (303) 666-6657 • Fax: (303) 666-6743 October 3, 2001 Colorado Department of Public Health and Environment Water Quality Control Division WQCD-PE-B2 4300 Cherry Creek Drive South Denver, CO 80222-1530 Attention: Permits and Enforcement Section Telephone (303) 692-3590 Subject: Storm water Management Plan for USR Permit 1431 North Metro Distribution Center Notice: A Storm Water Management Plan (SWMP) is required before submittal of a Storm Water Permit Application with the Colorado Department of Health Water Quality Control Division. The following information serves as the visible evidence of an in-place SWMP. The formatted information follows that indicated in the CDH Guidance Document of 14 June 1993. Construction Activities Description: The North Metro Distribution Center is nearly a level parcel of formerly irrigated farmland bordered by Weld County Road 11 to the West, Union Pacific railroad to the east, and access road to a Commercial RV Storage to the South and by an irrigation canal and agricultural land to the northwest and north. United States Geographical Survey quadrangle information shows a markedly shallow watershed draining ever so slightly over nearly level groundward the southeast in its previously undisturbed state. Ready Mix Concrete Division 1431 East 16th Street, Greeley, CO 80631 • (970) 356-7777 • Fax (970) 353-4047 15457 Highway 52, Ft. Lupton, CO 80621 • (303) 857-1777 Sand & Gravel Greeley (970) 353-1529 • Fax (970) 353-4047 Longmont (303) 666-6657 • Fax (303) 666-6743 Since the operation is bordered by an irrigation canal, county road and railway, little if any storm water exits the property except through the existing shallow watershed. The parcel opens to the south; a berm will frame the boundary, ending at the southeast corner with a 2.5+ acre Green space that will serve double duty as a detention basin to historic flows. Water will be imported for operations by truck. Water for operation will be trucked from nearest available source. (esq. A & W Water; City of Broomfield, Central Weld County Water District,; Little Thompson or other available city water). Sources will provide water that is reliable quantity and quality of the intended use. Once a water tap can be developed from the Left hand Water District or the Mountain View Water Users Association or another source, including the possible drilling of a well, delivered water will no longer be utilized. The majority influence of water on site is from diverting precipitation, and not from upland, overland land flows due to the confined watershed of the parcel flow will be very manageable. All lands contained within the boundaries of the parcel will be directed to a settling basin before being directed to the southeast corner of the site to a detention basin for release of planned developed flows to historic levels to a No Name Creek. All fuels and oils contained on site are dike to contain potential spills. All other housekeeping measures, such as, keeping grounds free of trash, empty containers, or potential pollutants, will be performed daily. Trash will be secured in covered leak proof containers until removed to an appropriate landfill for disposal. Site Map: 1. The plant / processing area is identified on the Storm Water Permit Application Location Map #1. The site sketch Map #2 is included from the Storm Water Permit Application, showing internal movements of materials and how discharge of pit water is conveyed. (Maps attached) 2. Description of Potential Pollutant Sources / Material. a. The primary pollutant is sediment created by exposure and movement of materials. Secondary potential pollutants are fuel and oil leaked from traversing vehicles and heavy equipment. {Stationary equipment is generated by electricity and is not considered a significant potential source of pollution} 3. Storm Water Controls: a. SWMP Administrator — All duties for the management and control of storm water via this plan are delegated by and the responsibility of Christopher L. Varra, President, Varra Companies, Inc. b. Materials Handling and Spill Prevention — all materials are handled internally and not anticipated to breach the internal drainage of the site. Control of soil is detailed under Part C below. Stock pile material at the -- location is deterred from exiting the site by its large size and surrounding topography / obstructions. The natural topography of the parcel forms a bowl that will create below grade barriers to noise, dust, visual and other effects. The elevation of the site will be enhanced as the site is brought to grade, lowering existing elevations even further. Vegetated buffers will be retained and will surround the parcel. Anticipated chemical pollution would be from minor leaks of diesel fuel, gasoline, or oils (lubricants, hydraulic fluids, crank case oil). If noticeable leaks are observed, contaminated material will be isolated, placed in 55 gallon drums or by other means, removed from the site to a designated land fill certified to handle contaminated soil / overburden. Absorbents are maintained at all refueling locations to attend to any incidental spills. Larger spills are contained by dikes or berms around the tanks adequate to contain the maximum volume of the fuel / oil tank. c. Erosion and Sediment controls: - Sediment is controlled by the existing rail way and irrigation canals along with the newly constructed berm, that prevent escapes of materials due to storm water, except at the designated discharge point. The discharge point is the primary means of exiting discharged water; (ground water) that is first run through settling basin prior to exiting the site. Sediment from the basin will be cleaned and returned to the site periodically as needed in order to maintain its function, which is to slow waters to allow for sediment to fall prior to exiting the site. Final stability of the site will be secured subsequent to operation, as detailed in the USR Permit 1431. Slopes will be 3h to lv or flatter and be re-vegetated to predominantly native vegetation requiring little water. Any resulting ponds will be self-contained d. Testing for Storm Water — all waters exiting the site at the discharge point, will have one grab sample taken twice each 12-month period since start-up to analyze for non-storm water. Since the primary water discharged 15 ground water tests will be compared to ground water samples. Inspection of all storm water controls are made periodically through out the year, but a minimum of two recorded inspections will occur at the time of sampling. ,_ 3 di 11 w- _ _ Ts=1 w_ I - _____________%: 1 ' ' ///1:) .2±1 '' ..._ ' - '''';i )(\ \ ' . -. -.- . El 1,,,- 4, i \ It T.\ / . \ f ' l / STOCKPILE C PROCESSING j j YARD -van— 7 ! 19.14 ACRES +/- --�_ __ 4 i\ \ A PLANT SITE PLANT SITE1 ''''' i I • I k ( ( �■ _1 ■ 74.13 ACRES+/ i 4. 13 ACRES +/-', j \ 9 relYARD YARD \ ___-:-:::-:-.7.-:-.:-_-:-:-_,.- . L - l. .... 5.33 ACRES +/-^ 1� 4 29 ACRES I \ r `, `11111 • f _16111 1 � m\ s��..v:vim 'mj �� ■•-� 4"'-"I Z )� _ �i� A � r\--,-7-\____ . �.. irons — / �-}�I---� -i �� 3 } 1\ 'n 1 ■5 Tr �� 1/ �- f .,�. tr./ - ;�7 ( d • .; -., ��.�.^- i•.�tam . I ....a..m_ ._.._. �, ��.r�� / WW..l W.f.'OIL 7 • — - / A American West Land Surveying Go.. Inc. �.uwli.R ...W YRI.l➢6 A '�' M�..A�/.... .-1l..V MFG. I �+ `\\1 m m .m aw.vm wwvar.n rvr mra.-. um rvo G'�� N[i1H Y8CYI1 DRf7Is flfli CENTER `. 1. d I ! w ml,. ).., we ) Mapt2 I ; '^t_. 1 I ' - _ — / , _ / \ i / - I DRAINAGE ILUEl......._CgN ij�s' : .. _._ 1l BOUNDARY �q _ _ ill• � C. - _ - �/ 1 1 -I 1. �; I .IL1 - __ cc O ff- z //Z / / 30 5 —\\ \f.- ' ,, ii .-,,"# ' 7 ( ,;r.l.s ,_ \\ . I 1 \ I? I p.v:191( f.W191C 21 6 co Ackics cf. I , \ t — I- .� \\\\ 11 1 /��;{' \\ _ __ _. __ / �� ^� \ SEDIMENT BASIN �/ . DD1 \ I D3\ I\ \I�I 5.5,541' •/1' I ' I.]9" lj jc3 \ - , ! f 1 1 I 11 1 I A\\ I DETENTION 1 ' I \ I� -POND 303 �0 ? A/ 1 O100-BI CF5 / /, I __ I �., 1 -- • .DETENTION \ I 1, / r� i in .'PONDi 30,1 I PROPERTY(BOUNDARY / ICFS \ V ' � 111 1 I - \�•\ I II P,1mnu C0VCOI VARRA COMPANIES, INC. CONCEPTUAL DRAINAGE PLAN ANdEasoN CoNculawy Engiruos, Inc NORTH METRO DISTRIBUTION CENTER n.:•" — 1._ C ,) • WaterReso.,,l - cn"„omm.mol DEVELOPED CONDITIONS �I:v�l _- huh 5c.mp,.u..Lnr,..r.nCom..CUW„` PLOT PLAN..,�n.n,.eu.•r..rv),l,n.sn ,I Si a,E e' 1.. _ 500' 34 For Agency Use Only (JENERAL PERMIT APPLICATION COR - 03 ORMWATER DISCHARGES Date Received ASSOCIATED WITH: Year Month Day CONSTRUCTION ACTIVITY (Permit No. COR-030000) Please print or type. All items must be completed accurately and in their entirety or the application will be deemed incomplete and processing of the permit will not begin until all information is received. Please refer to the instructions for information about the required items. An original signature of the applicant is required. Name and address of the permit applicant: Company Name Varra Companies, Inc Mailing Address 12910 Weld County Road 13 City, State and Zip Code Longmont, CO 80504 Phone Number ( 303 ) 666-6657 Who is applying? Owner ❑ Developer ® Contractor ❑ Federal Taxpayer (or Employer) ID#: 84-0752000 Entity Type: Private ® Federal ❑ State ❑ County ❑ City ❑ Other: Local Contact (familiar with facility) Christopher L. Varra Title President Phone Number 303-666-6657 ?. Location of the construction site: Address access to parcel of vacant land. Southwest corner S/2NW1/4 Street Address Vacant Parcel City, State and Zip Code Brighton, CO 80601 County Weld Name of plan or development Varra Companies, Inc North Metro Distribution Center Legal Location (Township, Range, section, 1/4 section): S25 / TIN / R68W Latitude and Longitude Briefly describe the nature of the construction activity: Onsite grading, lanscaping, access, establishnentof materials yard, plant sites, rail and buffers will consist of the majority of the construction. Two small permanent or portable buildings will be constructed during the construction phase. '5/const -l_ 4. Anticipated construction schedule: Commencement date: Upon approval of USR Completion date: Within 1 year of USR approval (Use by Special Review) (less rail) then approximatel 5. Area of the construction site: Total area (acres) 2 - 5 years 69.48 acres Area to undergo disturbance (acres) 69.48 acres 6. The name of the receiving stream(s). (If discharge is to a ditch or storm sewer, also include the name of the ultimate receiving water): No Name Creek 7. Other environmental permits held for this construction activity (include permit number): APEN (Fugitive Dust) - Currently in application process USR 1431 - on file 8. Stormwater Management Plan Certification: "I certify under penalty of law that a complete Stormwater Management Plan, as described in Appendix A of this application, has been prepared for my facility. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the Stormwater Management Plan is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for falsely certifying the completion of aid SWMP, including the possibility of fine and imprisonment for knowing violations." I� .2• /Q —f 0/ Signa re of Applicant Date Signed Christopher L. Varra President Name (printed) Title 9. Signature of Applicant (legally responsible person) "I certify under penalty of law that I have personally examined and am familiar with the information submitted in this application and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate and complete. I am aware that there are significant penalties for sub t ing false information, including the possibility of fine or imprisonment." f Signaturebf Applicant Date Signed Christopher L. Varra President Name (printed) Title 95/consi -2- ` • •M'LETE THIS SECTI•N C•M•LETE THIS SECTI•N •N rIELIVERY \ • Complete items 1,2,and 3.Also complete A. Received by(Please Print CJ- y) B. Date of+elivery • item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse ' so that we can return the card to you. C. Signature r. Joe R. Trev\t 0 Agent • Attach this card to the back of the mailpiece, X Dept. of Uea � � Addressee • or on the front if space permits. D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No COLORADO DEPART. OF PUBLIC HEALTH AND ENVIRONMENT WATER QUALITY CONTROL DIVISION WQCD-PE-B2 4300 CHERRY CREEK DRIVE SOUTH 3. Service Type DENVER, Co 80222-1530 egiietl Mail 0 Express Mail „� 0 Registered ❑ Return Receipt for Merchandise 5b34 ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes role Number(Copy fro��service label) �xT) D J mi8 nt/ 025-V PS Form 3811,July 1999 Domestic Return Receipt 102595-99-M-1789 it • SEN�E': C•M'LETETHISSECTI'N C•M•LETETHISSECTI•N •N•ELIVEF': • Complete items 1,2,and 3.Also complete A. Received by(Please Print CI B. Date of Delivery item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. C. Signature �. • Attach this card to the back of the mailpiece, X3p•�daQ ❑Age. or on the front if space permits. • 'v =ssee D. Is delivery-.•Tess`• t item ? • '-� 1. Article Addressed to: If YES,enter delivery address below: • No COLORADO DEPAR. OF PUBLIC HEAT TR AND ENVIRONMENT AIR POLLUTION CONTROL DIVISION APCD-SS-B1 4300 CHERRY CREEK DRIVE SOUTH 3. Service Type DENVER, CO 80246-1530 '2Certified Mail ❑ Express Mail Registered return Receipt for Merchandise 0 Insured Mail C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number(Com,from service label) h 97e PS Form 3811,July 1999 Domestic Return Re,..,it 102sss-ss-M-nes • q i 11,1 t 1 . 4. OP #may,— .• y • _. 'r . ••• , — _— Y _ _ _- - - - ___ - - _ .—_ __—__ ths St \ 1 IIPIIIIIIIII .a / t7 ...•u.�J k. • ar* 4 '! MA i tia k ilk . d4' • I • IL .l Jy 1 r by . ' �, .: eft I I s 7� L 111 • �� •y re ,66 • 4 .0\ 1, a I • tH et. \ _ _ 0 . - ' t ;rkr•di"; . • - \ llitietie*: I Ste, . .. Ala.. f. A `4 • i Wj La ' . XS\ ‘ ' tr �z . • T / or i...____________________J . , , ` 1, .,. .,1h., ri 1 es ; t 4j nil ' 11116- e 4 ! a c:I:r .. a • • Ski _ • / ': . �s .at*- la v . rte , sop 0 ! . ' y - 1:1200 Disclaimer r��Boundary N. _ Varra Companies, Inc. Well � : ��•/-�-- _ = Greater Wattenberg Area r=iw.iuZi3wn= tmn: ... E001 B00 Foot Well Spacing unit mn.wer r utoon..:410h •<440..wnu t i1C 0 100 200 300 400 Foot •r"M sus e+iw•a•••"0•.t 0:••••••AMMON•• 400:400 Foot With Unit - - ...K`•'1•IC-1•84 OFwvMal Col Cr%•i•••••as.aan..d" North Metro Distribution Center 400•4•30 W ;�, H r�t�_^,o�min_��-._._MSS WS n...—•is-• Special Well Location Rule I �_:. �—�==� CRAMS Saa041 S AoeoCp Cy Milo County GS Acts: '7 2C01 • [IX1t117 I EXHIBIT I X USR. it 13 I P1 a staCF V_ s i 0 ti Drafted by the Clerk to the :curd RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1341 FOR AN ASPHALT AND CONCRETE BATCH PLANTS, ASPHALT AND/OR CONCRETE RECYCLING, SAND AND GRAVEL PROCESSING, MATERIALS AND EQUIPMENT STORAGE, AND COMMERCIAL OFFICES IN THE A (AGRICULTURAL) ZONE DISTRICT - PASQUALE AND JACQUELINE VARRA WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 24th day of October, 2001, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Pasquale and Jacqueline Varra, P.O. Box 2049, Broomfield, Colorado 80038, for a Site Specific Development Plan and Use by Special Review Permit#1341 for an Asphalt and Concrete Batch Plant, Asphalt and/or Concrete Recycling, Sand and Gravel processing, Materials and Equipment Storage, and Commercial Offices in the A (Agricultural) Zone District on the following described real estate, to-wit: Part of the S1/2 NW1/4 of Section 25, Township 1 North, Range 68 West of the 6th P.M., Weld County, Colorado WHEREAS, said applicant was represented by Brad James at said hearing, and WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of said Use by Special Review Permit, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 23-2-230.B of the Weld County Code as follows: a. Section 23 2 220A14;2* B -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinances in effect. Section 22-5-80.B of the Weld County Code states, "Promote the reasonable and orderly development of mineral resources." The Conditions of Approval and Development Standards ensure that impacts to surrounding land uses will be ,---- adequately mitigated. = EXHIBIT Y 2001-2763 U.Se th 314I PL1562 SPECIAL REVIEW PERMIT#1341 - PASQUALE AND JACQUELINE VARRA PAGE2 Drafted by the clerk to the Baer b. Section 23 2 220.A 2?S,2.230?B°2—The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-40.A.4 of the Weld County Code provides for asphalt and concrete batch plants as a Use by Special Review in the A (Agricultural) Zone District. The proposed sand and gravel processing facility will process mineral deposits generated off-site. Section 23-3-40.A.6 of the Weld County Code allows for the on-site processing of mineral deposits. This proposal is for off-site processing of mineral deposits. Section 23-3-40.0 of the Weld County Code allows for uses similar to uses listed as a Use by Special Review in the A (Agricultural) Zone District as long as the use complies with the general intent of the A (Agricultural) Zone District. Commercial offices are a Use by Right under Commercial Zoning and outdoor storage of equipment and materials is a Use by Right in the 1-3 (Industrial) Zone District. Section 23-3-40.R allows for uses permitted by right in the Commercial or Industrial Zone Districts. c. Section 23 2 220 A 302100.10 BY3—The uses which will be permitted will be compatible with the existing surrounding land uses. The proposed use is adjacent to a commercial RV storage lot to the south, permitted under Special Use Permit#299, a turkey facility to the north, permitted under Special Use Permit 117, and three single-family residences and outbuildings to the west adjacent to Weld County Road 11. The turkey facility does not appear to be in operation. The applicant is proposing to bring water to the facility to operate the asphalt and concrete batch plants. The amount of water required for the asphalt batch plant is minimal. The applicant has estimated that the concrete batch plant will use approximately 9,120 gallons of water per day. Varra company owns a 5,000 gallon water truck and is estimating two round trips (to and from the site) per day to supply water to the site. Conditions of approval and development standards will ensure that any potential impacts will be mitigated. d. Section 23-2-220.A.4 " 23O B —The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The proposed facility is located within the three-mile referral area for the Town of Erie and the cities of Broomfield, Dacono and Northglenn. The Town of Erie and cities of Dacono and Northglenn indicated that this proposal did not conflict with their interests, in their referrals respectively received June 19, 2001, June 12, 2001, and June 14, 2001. e. Section 23 2 220.A/5204 30 -- The application complies with Section 23-5 of the Weld County Code. This site is located within the Southwest Weld Road Impact Fee Area #3. This fee will be assessed at time of building permit. 2001-2763 PL1562 SPECIAL REVIEW PERMIT#1341 - PASQUALE AND JACQUELINE VARRA PAGE 3 Drafted by the l rk to the Board f. Section 23 2 220.A G23a The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The site is designated as "Prime (Irrigated)" land according to the 1979 Important Farmlands of Weld County Map. However, water rights on this property have been sold off by the previous property owner. This parcel has not been in agricultural production and does not appear to have been in production for a considerable period of time. I r, g. Section 23 2 220.A 7xa The Design Standards (Section 23- 2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval, and Development Standards ensure that there are adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Pasquale and Jacqueline Varra for a Site Specific Development Plan and Use by Special Review Permit #1341 for an Asphalt and Concrete Batch Plant, Asphalt and/or Concrete Recycling, Sand and Gravel processing, Materials and Equipment Storage, and Commercial Offices in the A (Agricultural) Zone District on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1. The attached Development Standards for the Use by Special Review Permit shall be adopted and placed on the Use by Special Review Plat prior to recording. The completed plat shall be delivered to the Weld County Department of Planning Services and be ready for recording in the Weld County Clerk and Recorder's Office within 30 days of approval by the Board of County Commissioners. 2. Prior to scheduling a Board of County Commissioners hearing: A. The applicant shall either submit to the Weld County Department of Planning Services a copy of an agreement with the properties mineral owners stipulating that the oil and gas activities and existing pipelines have adequately been incorporated into the design of the site or show evidence that an adequate attempt hao been made to mitigate the concerns of the mineral owners. D. The applicant shall submit a traffic study to the Department of Public Works. Evidence of Department of Public Works approval of the traffic otudy shall be submitted to the Department of Planning Cervices. C. The applicant shall provide evidence that the facility has obtained an "adequate" water supply for the sand and gravel processing operations. Evidence of how much water will be required, where the water will be delivered from and how the water will be used shall be submitted to the Department of Planning Services. 2001-2763 PL1562 SPECIAL REVIEW PERMIT#1341 - PASQUALE AND JACQUELINE VARRA PAGE 4 Drafted by the Clerk to the Board D. The applicant shall provide evidence that the facility has obtained an "adequate"water supply for proposed landscaping areas. The applicant shall indicate where water will be obtained and how the landscape areas will be irrigated. C. The applicant shall attempt to address the requirements of the Brighton Fire Protection District as outlined in their referral dated July 5, 2001. F. The applicant shall submit a copy of an agreement with the Bull Canal Ditch Company, whose irrigation ditch runs along the northwestern boundary of the proposed development, stipulating that all concerns of the ditch company have been adequately addressed, or submit evidence that reasonable accommodations have been made. 3. Prior to recording the plat: A. The plat shall be amended to delineate the following: 1) All right-of-way requirements for Weld County Road 11 as required by the City of Broomfield, as it has jurisdiction. 2) The approved Landscape and Screening Plan. 1) The off-street parking spaces for the main office, asphalt and concrete batch plants, asphalt and/or concrete recycling, and sand and gravel processing shall be indicated on the plat. Parking shall be indicated as asphalt, concrete or equivalent. Parking shall meet the requirements of Chapter 23, Article IV, Division 1 and Chapter 23, Appendix 23-B of the Weld County Code. B. If the applicant utilizes any maintained Weld County roads other than those annexed by Broomfield, Dacono, or Northglenn, they shall enter into a Road Maintenance Improvements Agreement for the upgrading and paving or maintenance of roads associated with the operation, and any additional intersection improvements associated with heavy hauling that may be identified in the traffic study. C. The applicant shall submit copies of signed Improvements Agreements with the City of Broomfield (and the City of Dacono and City of Northglenn if necessary) for the upgrading and paving or maintenance of roads associated with the operation, and any additional intersection improvements associated with heavy hauling that may be identified with the operation, or submit evidence from the City of Broomfield that its road concerns have been adequately addressed. 2001-2763 PL1562 SPECIAL REVIEW PERMIT#1341 - PASQUALE AND JACQUELINE VARRA PAGE 5 Drafted by the Clerk to the card B. Weld County Road 11 is maintained by the City of Broomfield who has jurisdiction over all accesses to their road system. The applicant shall contact the City of Broomfield, to verify if an access permit or any additional requirements are needed to upgrade the access. The applicant shall provide the Weld County Department of Planning Services verification of an access permit from the City of Broomfield and verification that all concerns from the City of Broomfield have been addressed. E. Submit an Air Pollution Emission Notice (A.P.E.N.) and Emissions Permit Application to the Air Pollution Control Division of the Colorado Department of Health and Environment. F. Submit a Dust Abatement Plan to the Environmental Health Services of the Weld County Department of Public Health and Environment for approval prior to operation. G. An individual sewage disposal system is required for the proposed facility and shall be designed by a Colorado Registered Professional Engineer and installed according to the Weld County Individual Sewage Disposal System (I.S.D.S.) Regulations. H. If applicable, a CPDS Permit shall be obtained from the Water Quality Control Division of the Colorado Department of Public Health and Environment for any proposed discharge into State waterways. The applicant shall provide evidence that any vehicle washing area will be designed and constructed to capture all effluent and prevent any discharges from drum washing and the washing of vehicles in accordance with the Rules and Regulations of the Water Quality Control Commission and the Environmental Protection Agency. J. The applicant shall submit a Waste Handling Plan, for approval, to the Environmental Health Services Division of the Weld County Department of Public Health and Environment. The plan shall include at a minimum, the following: 1) A list of wastes which are expected to be generated on site (this should include expected volumes and types of waste generated). 2) A list of the type and volume of chemicals expected to be stored on site. 3) The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number). K. The applicant shall attempt to address the requirements/ recommendations of the Colorado Geological Survey as outlined in its referral dated June 15, 2001. 2001-2763 PL1562 SPECIAL REVIEW PERMIT#1341 - PASQUALE AND JACQUELINE VARRA PAGE 6 Crafted by the Clerk to the surd L. The applicant shall apply for a Department of Army Clean Water Act Permit and submit evidence of approval to the Department of Planning Services, or submit evidence from the Department of the Army that the 404 Clean Water Act permit is not applicable. M. The applicant shall submit a copy of an agreement with the Farmer's Reservoir and Irrigation Ditch Company, whose irrigation ditch runs along the northwestern boundary of the proposed development, stipulating that all concerns of the ditch company have been adequately addressed, or submit evidence that reasonable accommodations have been made. N. The applicant shall submit a Landscape and Buffering Plan identifying the number, size and species of all plant material to the Weld County Department of Planning Services for review and approval. The applicant shall provide adequate screening and buffering from the adjacent residences to the west and to the east. The applicant shall provide a berm or other acceptable method of screening. 4i Prior to Operation: A. The applicant shall apply for, and receive approval of, building permits. 54. The Use by Special Review activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of October, A.D., 2001. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: M. J. Geile, Chair Weld County Clerk to the Board Glenn Vaad, Pro-Tem BY: Deputy Clerk to the Board William H. Jerke APPROVED AS TO FORM: David E. Long County Attorney Robert D. Masden Date of signature: 2001-2763 PL1562 SITE SPECIFIC DEVELOPMENT PLAN drafted bbtLI MEN I LED - ,ihe o rd PASQUALE AND JACQUELINE VARRA USR#1341 1. The Site Specific Development Plan and Use by Special Review Permit is for an Asphalt and Concrete Batch Plant, Asphalt and/or Concrete Recycling, Sand and Gravel Processing, Materials and Equipment Storage, and Commercial Offices in the A (Agricultural) Zone District, as indicated in the application materials on file and subject to the Development Standards stated hereon. 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. 3. The facility will be restricted to no more than 10,000 gallons of water brought to the site per day for the asphalt and concrete batch plant until a permanent water supply is obtained. No future expansion of the asphalt and concrete batch plant shall occur until this time. 4. No future expansion of the asphalt and concrete batch plant facilities and sand and gravel processing facilities shall be allowed until the applicant has obtained a permanent water supply for these facilities. 5. The proposed commercial office shall be associated with, related to and accessory to the proposed asphalt and concrete batch plants, asphalt and concrete recycling and sand and gravel processing facilities and accessory uses provided under the special use permit. r^ 6. Off-street parking spaces at the main office parking lot shall be surfaced with gravel, asphalt, concrete, or equivalent, and shall be graded to prevent drainage problems. The first 300-feet of the access drive off of WCR 11, shall be surfaced with asphalt, concrete or equivalent. 7. The facility shall operate in accordance with the approved Dust Control Plan. The facility shall have sufficient equipment available to implement appropriate dust control. Additional control measures shall be implemented as required by the Weld County Health Officer. 8. Fugitive dust shall be controlled on this site. 9. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 10. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a"solid waste"in the Solid Wastes Disposal Sites and Facilities Act, Section 30-20-100.5, C.R.S. 11. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, blowing debris, and other potential nuisance conditions. 12. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone District as delineated in Section 25-12-103, C.R.S. 2001-2763 PL1562 DEVELOPMENT STANDARDS - PASQUALE AND JACQUELINE VARRA (USR#1341) PAGE 2 Drafted by the Clerk to the card 13. The applicant shall remove, handle, and stockpile overburden, soil, sand, and gravel from the facility area in a manner that will prevent nuisance conditions. 14. The applicant shall have an adequate water supply. 15. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado Department of Public Health and Environment, Water Quality Control Division. 16. Adequate toilet and hand washing facilities shall be provided for employees and the public. 17. The operation shall comply with the Occupational Safety and Health Act (OSHA). 18. Any vehicle washing area(s) shall capture all effluent and prevent discharges from drum washing and the washing of vehicles in accordance with the Weld County Code, the Rules and Regulations of the Water Quality Control Commission, and the Environmental Protection Agency. 19. All pesticides, fertilizer, and other potentially hazardous chemicals must be stored and handled in a safe manner, in accordance with Section 25-8-205.5 of the Colorado Water Quality Control Act and Rules and Regulations. 20. Effective December 1, 1999, Building Permits issued on the site will be required to adhere to the fee structure of the Southwest Weld Road Impact Program area #3. 21. The landscaping on site shall be maintained in accordance with the approved Landscape and Buffering Plan. 22. The property owner or operator shall be responsible for complying with the Design Standards of Section 23-2-240, Weld County Code. 23. The property owner or operator shall be responsible for complying with the Operation Standards of Sections 23-2-250 and 23-2-290 of the Weld County Code. 24. In accordance with Section 23-2-200.E of the Weld County Code, if the Use by Special Review has not commenced from the date of approval or is discontinued for a period of three (3) consecutive years, it shall be presumed inactive. The County shall initiate an administrative hearing to consider whether to grant an extension of time to commence the use or revoke the Use by Special Review. If the Use by Special Review is revoked, it shall be necessary to follow the procedures and requirements of Chapter 23,Article II, Division 4, of the Weld County Code in order to reestablish any Use by Special Review. 25. Personnel from the Weld County Departments of Public Health and Environment and Planning Services shall be granted access onto the property at any reasonable time in order to ensure the activities carried out on the property comply with the Development Standards stated herein and all applicable Weld County regulations. 2001-2763 PL1562 DEVELOPMENT STANDARDS - PASQUALE AND JACQUELINE VARRA (USR #1341) PAGE 3 Drafted by the Clerk to the Board 26. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 27. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. r 2001-2763 PL1562 Hello