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Home My WebLink About20012767 t DEPARTMENT OF PLANNING SERVICES 1555 N. 17th Avenue, Greeley, CO 80631 Phone (970) 353-6100, Ext. 3540, Fax (970)304-6498 USE BY SPECIAL REVIEW APPLICATION Application Fee Paid Receipt# Date Recording Fee Paid Receipt# Date Application Reviewed by: TO BE COMPLETED BY APPLICANT: (Please print or type, except for necessary signature) LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: S/2NW/4: Sec.25; TIN; R68W PARCEL NUMBER: 1 4 6 7 2 5 0 0 0 0 2 9 (12 digit number-found on Tax I.D. Information or obtained at the Assessor's Office. & 1 9 Section 25 , T ]. N, R 68 W-Total Acreage 69.48 Zone District A Overlay Zone Property Address (if available) Vacant Parcel Proposed Use Material stockpiling & processing - concrete, asphalt, sand & gravel, recycled materials, landscaping materials & related rail. SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR THE SPECIAL REVIEW PERMIT Pasquale & Jacqueline Varra Name: Sand Land, inc. Address: 12910 Weld County Road 13 Christopher L. Varra, President (303) City/State/Zip: Longmont 80504 Home Telephone: Business Telephone 666_6657 Name: Pasq, ale & racq, 1�ne Varra Address: P.O. Box 2049 (303) City/State/Zip: Broomfield 80038-lome Telephone: Business Telephone 666-6657 APPLICANT OR AUTHORIZED AGENT (if different than above) � Q '"1 /}o --rn.•- 1b' . cunS, ""rT` Name: ' (\'f. Varra Companies, inc. Christopher L. Varra• president (cilji 3S3—�3 C Address: 12910 Weld County Road 13 City/State/Zip: T,on•mont. CO ROSOL Home Telephone: Business Telephone: (303) 666-6657 DEPARTMENT OF PLANNING SERVICES USE ONLY Case# Floodplain: 0 Yes o No Geologic Hazard: O Yes ❑ No I hereby state that II s atements and plans submitted with the applicati•• - e true and correct to the best of my knowledge r a, Owner acq line Varra, Owner Rev: 1-4-01 - i! - ure: • er • 'm�aTic's�'.:'T` Chris pher L. Va - E r) Sand Land, inc. 2001-2767 5 Varra Companies, Inc. Office of Special Projects 1431 East 16th Street Greeley, Colorado 80631 Telephone(970)353-8310 Fax(970) 353-4047 WELD COUNTY, COLORADO -USE BY SPECIAL REVIEW QUESTIONNAIRE The following questions are to be answered and submitted as part of the USR application. If a question does not pertain to your use, please respond with"not applicable", with an explanation as to why the question is not applicable. 1. Explain, in detail, the proposed use of the property. The specific uses requested for the 69.48 acre parcel are identified as follows: Plant Site I and II: • Portable and/or Permanent Concrete and/or Asphalt Batch Plant, related processing, and supporting structures/offices. • Plant Site Area includes adequate space for development of parking, containment and supporting features. • Materials storage yard. Stockpile and Processing Yard: • Yard for materials stockpiles, storage, and processing, including but not limited to: 1. Sand and gravel processing. 2. Recycling Concrete and/or asphalt and other inert materials. 3. Sand, Gravel, Aggregate, Lumber, Steel, Concrete and other inert construction materials, forms or fabricated structures. 4. Landscaping materials and equipment 5. Yard support equipment and supplies, including haul trucks, heavy equipment, hoists, rail hoists, inter-modal trailers and supporting facilities for redirection of railroad materials for redesignation, cranes for loading unloading, radial stackers, hoppers, rail support equipment and facilities, etc. 6. Fuels, Water, Chemical and support. Commercial Office, Supporting Structure, Equipment&Materials Yard. Rail and Rail Support Areas: Options for rail development are designated on the included plat. The rail combinations suggest the maximum possible layout,yet allow for modification within the areas shown,based upon final design and layout by a qualified Engineer. 2. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 22. The proposal is consistent with the Weld County Comprehensive Plan, the master plan requirement pursuant to state law, and the Weld County land use policy pursuant to the Home Rule Charter. The parcel is presently zoned A-Agriculture. This USR submittal will request a non-conforming use that better utilizes the existing land for the highest end use, while complementing existing infrastructure and surrounding land uses. The USR respects the need to minimize the cost to Weld County, Colorado, of providing public services by proximity, means and methods, as detailed below. The applicant maintains that the USR, when built,will enhance affected and surrounding land values, aid in the infrastructure development of the area, and generate a multiplying effect of positive returns to Weld County in the form of revenue, employment, higher land use, compatible core uses along existing rail, and conversion of non-productive agricultural lands to productive use. Varra Companies, Inc. —North Metro Distribution Center Questionnaire-Weld County Use by Special Review—May 2001 In many respects, the uses proposed under this USR are best overlain and complementary with agricultural lands. Essentially, non-productive agricultural lands afford the best complement to infrastructure development of surrounding communities. Mining or extraction of sand and gravel generally precedes development, providing approximately 75 percent of the product to form roads, foundations, and other essential infrastructure needs of the residential matrix, with the balance necessary to build the commercial and industrial matrix A substantial percentage of this product is processed into diverse sand, gravel, asphalt or concrete products with plants at the mine site, or transported to other plant sites at locations in closer proximity to development, in order to facilitate supply, demand and delivery of product. Asphalt and concrete plants must be strategically located if they are to economically meet the supply and demand of the developing urban matrix. This site fits this need and fits it well. Since product is not mined at this location, the parcel will receive materials for processing, both by truck and later by rail. The rail option, once developed,will reduce impacts to area roads while adding to the efficiency and effectiveness of plant operations. Due to on-going conversion of agricultural lands in the surrounding area, combined with the non- productive agricultural status of the parcel itself, the USR does not encroach upon, nor does it conflict with, productive agricultural lands. The parcel is shown as 'Prime Farmland,' on existing Weld County plats. Water has been divorced form the land and sold to the City of Northglenn. Subsequently,without water for agricultural production, the fields have grown over with weeds and have remained unproductive since that time. Additionally, the total acreage is below the 80.0 acre minimum to be considered productive agricultural lands. Adjacent lands are already being converted to large lot residential, commercial and industrial uses on surrounding lands. Due to the size, condition and proximity of the parcel, it is unlikely that the farmland retains the qualities of'Prime Farmland.' The USR touches lands to the West,recently annexed to the City and County of Broomfield, and within three miles of the towns of Northglenn, Erie, and Dacono. The City and County of Broomfield do not presently have in place an intergovernmental agreement. There are no plans known to us to annex the location by any of the surrounding communities. No existing public sanitary sewer facilities occur within one-half mile of the parcel. The parcel does not appear to fall within a known urban growth boundary or MUD. Since the uses proposed by this USR are best located outside of,but near to, residential, commercial, and industrial development; marginal and non-productive agricultural lands are the likely and best candidate for the facilities. The plants and products will supply essential products and services to the surrounding urban and agricultural communities. The savings in haulage costs will provide for more economic delivery of essential concrete, asphalt, sand, gravel, and construction to the area residents,business owners, and government public works projects. The applicant will bear the cost of on-site infrastructure development that must service the property, while complementing the lowered cost to road maintenance and improvement with an appropriate Maintenance Agreement with the appropriate governing authority. The developed parcel should provide more competitive delivery of road base, concrete, and asphalt products to area roads as a result of the loser proximity and competitive location that the parcel affords. More competition should translate to lowered costs of product and services. The savings can be passed on to constituents from other road and infrastructure development by Weld County, the City and County of Broomfield, surrounding municipalities and area communities. Telephone and power are available to service the site. Septic will be developed on site. Water for employees and materials will be imported to the location until such a time as a water tap can be made. The site falls within the Brighton Fire Protection District. Varra Companies, Inc. —North Metro Distribution Center 2 Questionnaire-Weld County Use by Special Review—May 2001 Impacts to the surrounding community are already blunted by the surrounding commercial/industrial uses surrounding the parcel to the North, East and South. As detailed later, the USR concentrates the impact of development to the center of the parcel where the plant sites will be located. 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. As the parcel opens to the South, a berm will frame the boundary, ending at the Southeast corner with a 2.5±acre Greenspace that will serve double duty as a detention basin to historic flows. As stated in the Comprehensive Plan, 'Industrial development is typically oriented toward transportation facilities.' The Union Pacific Railroad frames the property to the East. It is the existence of rail that makes this site ideally suited to the intended uses proposed under this USR. Other transportation corridors include: 1. Weld County Road 6, approximately one-half mile North of the Parcel. 2. Colorado Highway 7, approximately 1.5 miles to the South. 3. Access to Interstate 25, approximately 1.0 mile to the West and within 2.5 miles traveling North or South from the parcel. As stated in the Comprehensive Plan, 'a dispersed pattern of industrial development allows for local job opportunities.' The parcel under this USR will enhance surrounding property values, infrastructure development of surrounding communities, and provide local job opportunities to the City and County of Broomfield, the City of Thornton, Northglenn and Westminster, and the surrounding towns of Erie, the Tri-Town area, and Weld County residents. This is generated not only by the on-site uses,but the multiplying effect of the development these uses are intended to join. 3. Explain how this proposal is consistent with the intent of the Weld County Code, Chapter 23 and the zone district in which it is located. Sec. 23-3-40 Provides that asphalt and concrete batch plants, materials processing, related uses and supporting buildings and structures may be constructed, occupied, operated and maintained in the A Zone District upon approval of a Use by Special Review permit, as set forth in Divison 4 of Chapter 23. The uses proposed for this parcel are consistent with this provision. Other aspects of Chapter 23 are commented upon in Addendum A: Division IV Comments, Addendums, and Plot Plans to this USR submittal. 4. What type of uses surround the site? Explain how the proposed use is consistent and compatible with surrounding land uses. a. NORTH: 53 acre commercial poultry operation and surrounding agricultural lands. A small church is located at the Northwest intersection of Weld County Road 6 and 11. b. SOUTH: 30 acre RV and Mobile Home storage facilities, with the balance of approximately 47 acres in agriculture. Coors has a production facility near Weld County Road 4, and immediately to the South of the Coors property, and half a mile South of the parcel is the City of Northglenn's reservoir. Approximately 1.5 miles to the South of the parcel is Colorado Highway 7 and Weld County Road 2, providing access to the City of Brighton to the East and the Intersection of Interstate 25 one mile to the West. c. EAST: Rail Transportation and agricultural lands behind it. Some of these lands are being divided into smaller parcels for residential development. d. WEST: Agricultural lands lie to the West,but their character is already being altered by development and annexation into the City and County of Broomfield. The lands to the West have been designated by the City and County of Broomfield for the creation of Employment Centers and Mixed Use Commercial development(refer to Addendum E: City and County of Broomfield 'Exhibit E- Sub-Area Land Use Plan.' Four Varra Companies, Inc.—North Metro Distribution Center 3 Questionnaire-Weld County Use by Special Review—May 2001 residences line Weld County Road 11 from the planned access road North to Weld County Road 6. Interstate 25 is one mile to the West. At the intersection of Weld County Road 6 and Interstate 25 is approximately 160 acres divided into commercial/industrial lots with some residential. The planned use is consistent and compatible with the existing and future development of the area and surrounding uses. As previously stated, commercial operations border the parcel to the North and South. The proximity to rail, Interstate 25, Colorado Highway 7, and related access via Weld County Roads 6 and 8, make the site viable for effective transportation of goods and services to both the rural and urban matrix that need them. The proximity to developing commercial and industrial parcels along Interstate 25, combined with the division of predominantly lower productive agricultural lands, make the site well suited for supporting the planned or otherwise on-going area development. The best evidence of future development of the surrounding area is the City and County of Broomfield Sub-Area Land Use Plan, as provided under Addendum E. As indicated, the lands to the immediate West of Weld County Road 11 will be developed for Mixed Use Commercial and Industrial(Employment). A commercial poultry operation borders the parcel to the North. The Union Pacific Railroad boarders the parcel to the East, a commercial/industrial use of RV and mobile home storage borders the Southern property. While comparatively small parcel agriculture comprises the balance, nearby these parcels are being broken into lots for residential development. Rail spurs are nearby(less than one quarter mile) to the North along the Union Pacific Rail line. Farmers Irrigation company owns the home abutting the property next to the Access road, and manages the Reservoir approximately one mile to the South of the parcel. As you approach Interstate 25, approximately one mile to the West on I-25,mixed commercial and industrial lots increase. Care has been taken to adequately buffer the proposed operations,while concentrating the activities toward the center of the property. Compatibility of the operations with surrounding lands is reflected in the overall layout and design of operations, and related elements detailed under this questionnaire, Division IV comments,Plot Plan design and related Addendtuns to this USR submittal. 5. Describe, in detail, the following: a. How many people will use this site? Up to 18 employees + an average of 63 truck visits + an average of 22 visitors,vendors and other non-employee visitors, or approximately 103 people per day. This amount will vary by the productivity of the site and random visits, and depending upon market conditions. b. How many employees are proposed to be employed at this site? Up to eighteen employees. c. What are the hours of operation? Up to 24 hours per day, seven days per week. Typically up to three shifts of eight hour duration each. d. What type and how many structures will be erected(built) on this site? A combination of two(either permanent and/or portable) concrete and/or asphalt batch plants on Plant Site I and II, respectively, and up to two additional sand and gravel wet Varra Companies, Inc. —North Metro Distribution Center 4 Questionnaire-Weld County Use by Special Review—May 2001 and/or dry processing plants near the center of the Materials Processing Yard. Plant Sites I and II will have an office facility and supporting structures. A commercial office, outbuilding and yard is provided for a portion of the parcel to the West of the Plant Site locations, as indicated on the included Plot Plan, page 1 of 4. The parcel is designed for the future development of rail and rail support. e. What type and how many animals,if any, will be on this site? None. f. What kind(type, size, weight) of vehicles will access this site and how often? Semi and Tandem, up to 85,000 pounds total gross weight, or smaller, including pick-ups, small over the road vehicles, passenger vehicles, and on-site heavy equipment such as (but not limited to)front end loaders,bull dozers, motor graders,backhoes, and scrapers. Total truck visits will vary from 50 to 150 per day. The mean number of round trips per day will be 63. g. Who will provide fire protection to the site? Brighton Fire Protection District. h What is the water source on the property? (Both domestic and irrigation). Domestic: None. Will utilize water bottles. Irrigation: None. Will import water for operations by truck. I. What is the sewage disposal system on the property? (Existing and proposed). Existing: None. Proposed: Septic- (refer to Plot Plan-Page 4 of 4.) j. If storage or warehousing is proposed,what type of items will be stored? i. sand, gravel and aggregate. ii. asphalt production materials. iii. Concrete production materials. iv. Landscape materials and products. v. Materials for recycling, including concrete and asphalt. vi. Turntable yard for Railroad- drops and loading. vii. Refer to Part 1, above: Stockpile and Processing Yard. 6. Explain the proposed landscaping for the site. The landscaping shall be separately submitted as a landscape plan map as part of the application submittal. Please refer to Addendum D - Landscape Plan. Essentially the outer perimeter of lands not designated for other uses will be maintained with existing grasses, or stabilized with the grass mixture indicated under Addendum D, Landscape Plan. Green Ash and Locust trees will be established along the greenspace lining the more exposed Southern aspect of the parcel. Greenspace is provided along the entire perimeter of the parcel, to a minimum depth of 40 feet, except along the Eastern border with the planned and existing rail. The greenspaces will be maintained in existing conditions or by establishing low maintenance, low water demanding, native grass, as indicated in the planned grass mixture. Varra Companies, Inc.—North Metro Distribution Center 5 Questionnaire-Weld County Use by Special Review—May 2001 The greenspace along the Eastern border will be bermed with alternating heights up to three feet, terminating at the planned 2.5±acre Detention Basin. The Detention Basin will also be maintained in grass. Berms and greenspace will also act to direct surface storm water flows as part of maintaining overall site stability. 7. Explain any proposed reclamation procedures when termination of the Use by Special Review activity occurs. The parcel will be vegetated according to the landscape plan(please refer to Addendum D). Removal of permanent structures, or vacating the materials yard, will result in resoling areas lacking adequate soil, and revegetating those portions of the affected ground, utilizing the approved seed mixture(refer to Landscape Plan,Addendum D). 8. Explain how the storm water drainage will be handled on the site. Please refer to Plot Plan- page 3 of 4. Essentially, the site grade will not exceed two percent, and generally will run from one-half to one percent in grade over the majority of the floor. Since the majority influence of water on the site is from direct precipitation, and not from upland overland flow due to the confined watershed of the parcel, flows will be very manageable. Generally, all lands contained within the rail loop(refer to Plot Plan- page 1 of 4)will be directed to a settling basin before reaching the detention pond for release of planned developed flows to historic levels.. In this manner the entire effects of the operation are retained within the rail loop. All surrounding flows outside of the loop are along grassed waterways,which again direct flow to the detention pond for release of planned developed flows to historic levels. 9. Explain how long it will take to construct this site and when construction and landscaping is scheduled to begin. Construction will commence immediately upon approval of the USR. Total construction(less rail)is anticipated to take up to six months subsequent to obtaining necessary building permits. Berms are already vegetated, however, an additional growing season will be needed to conclude any ancillary vegetation of affected lands or features. Construction of rail will commence approximately eight months following submittal of engineering for approval from the Union Pacific Railroad. 10.Explain where storage and/or stockpile of wastes will occur on this site. Please refer to Plot Plan, page 1 of 4. All recyclable materials will be recycled on site. Inert materials not recycled will be utilized as fill at our Del Camino properties, where an approved Backfill Notice is on file with the Colorado Division of Minerals and Geology. All other trash and garbage will be transported to an approved landfill. Varra Companies, Inc.—North Metro Distribution Center 6 Questionnaire-Weld County Use by Special Review—May 2001 Varra Companies, Inc. Office of Special Projects 1431 East 16th Street Greeley, Colorado 80631 Telephone (970) 353-8310 Fax(970) 353-4047 ADDENDUM A DIVISION 4. USES BY SPECIAL REVIEW Comments Sec. 23-2-240. Design Standards A. An applicant for a Use by Special Review shall demonstrate compliance with the following design standards in the application and shall continue to meet these standards if approved for DEVELOPMENT. 1. Adequate water service in terms of quality, quantity and dependability is available to the site to serve the USES permitted. Water for operations and employees will be imported to this location from established sources. Water for operations will be trucked in from the nearest available source(e.g., A&W Water; City of Broomfield; C.W.C.W.; Little Thompson or other available city water). Water for employees will be bottled from a commercial provider. Both sources will provide water that is reliable quantity and quality for the intended use. Once a water tap can be developed from the Left Hand Water District, or the Mountain View Water Users Association,or other source, including the possible drilling of a well,delivered water will no longer be utilized. 2. Adequate sewer service is available to the site to serve the USES permitted. A septic system is provided for. Please refer to the Terracon drawing and comments (Plot Plan, Page 4 of 4). 3. If soil conditions on the site are such that they present moderate or severe limitations to the construction of STRUCTURES or facilities proposed for the site,the applicant has demonstrated how much limitations can and will be mitigated. Expansive soils and bedrock are present over the property(refer to Addendum C— Soils Report, and included Terracon report of 19 January 2001. While the features will not pose a problem for material stockpiling,processing, or portable processing equipment;permanent structures will be engineered for these conditions. Complete engineered design specifications will be provided with the required building permits for permanent plants, offices, outbuildings or rail. 4. Adequate fire protection measures are available on the site for the structures and facilities permitted. The parcel is within the Brighton Fire Protection District. All plant sites, outbuildings,and heavy equipment will be provided with fire extinguishers. Fire alarms will be utilized in all permanent buildings. Since the access road and materials yard will be graveled,wildfire potential is actually less than that of native or surrounding conditions. Once rail is developed,the rail loop will provide an additional bather to wildfire. The majority of structures and plants will be constructed of metal, concrete and other non-flammable materials. Varra Companies, Inc. —North Metro Distribution Center 1 Addendum A: Division IV—Comments - County Use by Special Review—May 2001 5. USES shall comply with the following storm water management standards: a. Storm water retention facilities shall be provided on site which are designed to retain the storm water runoff from the fully developed site from a one-hundred year storm or as otherwise required by the Department of Public Works. In the case of a LIVESTOCK CONFINEMENT OPERATION(L.C.O.),wastewater collection, conveyance and retention facilities shall be designed and constructed in accordance with the Confined Animal Feeding Operation Control Regulations (5 CCR 1002-19). b. The drainage facilities shall be designed to release the retained water at a quantity and rate not to exceed the quantity and rate of a five-year storm falling on the UNDEVELOPED site. Please refer to Plot Plan (Pages 2 of 4 and 3 of 4)as developed by Anderson Consulting, Ft. Collins, Colorado, and related report in Addendum F. The parcel has a small watershed with little to no upland overland flow. The primary influence is direct precipitation. The proposed rail loop adds to the containment of the hydrology and related flows. Storm water detention ponds are located within the materials processing yards to keep suspended solids from any flows contained. The balance of the developed flow will enter a detention pond, where excess water will be released off site in a clean state and at rates that match the flows from the undeveloped site. In this manner,there should be no off-site impacts from the developed ground. 6. All parking and vehicle storage shall be provided on the site;parking shall not be permitted within any public right-of-way. An adequate parking area shall be provided to meet the parking needs of employees, company vehicles,visitors and customers. Since access to materials and plant locations will be necessary by employees,trucks, and heavy equipment;the entire materials processing yard and lands surrounding the actual structures of the Plant Site, (as contained within the proposed rail loop)will be accessible from the access road as it enters the materials processing yard area. 7. The USE shall comply with all the SETBACK and OFFSET requirements of the zone district. Acknowledged and provided for. Substantial set backs are provided as buffers (greenspace)to surrounding properties, as shown on the Plot Plan,page 1 of 4. Plant site locations are 400 feet or more from surrounding lands,and the minimum buffer width of 40 feet surrounding the materials processing yard and related rail support locations is more than sufficient to meet minimum setback and offset standards of the A—Agricultural Zone. 8. The access shall be located and designed to be safe; ingress and egress shall not present a safety hazard to the traveling public or to the vehicle accessing the property. For USES generating high traffic volumes and large number of large, slow-accelerating vehicles, acceleration and deceleration lanes may be required to mitigate a potential traffic hazard. The proposed point of entry is shown on the Plot Plan,page 1 of 4. The location does not conflict with the service road to the North of the property,or with ingress or egress of adjacent owners. 9. New accesses to public rights-of-way shall be constructed using the following as minimum standards: Varra Companies, Inc. —North Metro Distribution Center 2 Addendum A: Division IV—Comments- County Use by Special Review—May 2001 a. Size of drainage structure—twelve(12)inches in diameter. b. Length of drainage structure—twenty(20) feet. c. Depth of cover over pipe—twelve(12)inches. d. Width of access—fifteen (15)feet. e. Maximum grade of access—fifteen percent(15%). f. Flare radius—twenty(20)feet. g. Depth of surfacing—four(4)inches. Standards exceeding these minimums may be required depending on the type and volume of vehicles generated by the type of USE proposed. The above minimum standards will be applied to the proposed gravel access for the parcel,as shown on the Plot Plan, Page 1 of 4, unless good engineering practices require a reasoned departure. 10. Buffering or SCREENING of the proposed USE from ADJACENT properties may be required in order to make the determination that the proposed USE is compatible with the surrounding uses. Buffering or SCREENING may be accomplished through a combination of benning, landscaping and fencing. A minimum buffer of 40 feet surrounds the materials yard and plant site locations. Plant site locations and processing equipment is concentrated to the center of the parcel. A detention pond is located on the Southeast corner of the parcel to add additional greenspace between operations and the nearby trailer home. A berm will alternate up to three feet in height along the East boundary, and will be planted to clusters of trees to further break up visual and noise related effects of the operations. Additionally, rail and operations are setback and below the grade and existing residences along and adjacent to the parcel at Weld County Road 11,and properties to the North. The set backs should provide reduced visual impact and background noise at or below residential levels for source ratings of 80 decibels. 11. Uses by Special Review in the A(Agricultural)Zone District shall be located on the least prime soils on the property in question unless the applicant can demonstrate why such a location would be impractical or infeasible. The parcel is below the 80.0 acre minimum for viable agricultural production. Water for agricultural production was sold to the City of Northglenn. Production on these degraded soils has not occurred for some time. The proposed operations should provide for greater productivity and stability to the affected lands. B. If the Special Review Permit for a MAJOR FACILITY OF A PUBLIC UTILITY OR PUBLIC AGENCY is approved,the Planning Commission shall arrange for the Department of Planning Services to record the appropriate Facilities Plan, Utility Line or Selected Route Map with the County Clerk and Recorder. (Weld County Codification Ordinance 2000-1.) Acknowledged. Sec.23-2-250. Operation Standards An applicant for a Special Review Permit shall demonstrate conformance with the following operation standards in the Special Review Permit application to the extent that the standards affect location, layout and design of the Use Varra Companies, Inc. —North Metro Distribution Center 3 Addendum A: Division IV—Comments - County Use by Special Review—May 2001 by Special Review prior to construction and operation. Once operational, the operation of the USES permitted shall conform to these standards. A. The operation of the USES shall comply with the noise standards enumerated in Section 25-12-101, C.R.S. Acknowledged. Noise impacts are not anticipated to exceed background residential levels beyond the site boundary. Regardless, an 80 decibel limit is requested. From the sources,we anticipate decibel readings to decrease 10±db the first 100 feet from the source, and 5±db for every 100 feet there after. In this manner, noise emanating from the source at 80±db should reach background residential at 400±feet from the source. To the best of our knowledge, all residences are located beyond 100 feet from the materials yard and plant/processing locations, and attending rail support locations. When plant site locations are considered relative to surrounding material stockpiles,material stockpiles will further buffer the effects of noise to surrounding lands emanating from operations. This information is derived from previous studies. On 28 August 1998, using a hand held decibel meter, on loan from the Weld County Department of Health, noise levels were measured from plant/processing locations at two approved resource recovery locations located along St. Vrain Creek. Decibel readings were taken at 100 foot increments, commencing at ground zero(an El Jay cone crusher)at the source. Source noise included a combination of equipment radiating at or near the source, including several conveyors, screeners, and heavy equipment(front-end loader and scrapers). Initial readings varied by 10±decibels. Average readings radiating from the source, beginning at ground zero, are as follows: Ground 0: 80±db +100 feet: 70±db +200 feet: 65±db +300 feet: 60±db +400 feet 55±db The average noise from a passing semi truck, on asphalt, at Weld County Road 13,traveling 55 mph or greater, averaged 70±decibels. A passenger vehicle averaged 60±decibels at 55 mph or greater at the same location. Since traffic volumes will pass nearby residences, average speeds on area gravel roads will be substantially less(30 mph on County roads, and 15 mph on-site). Therefore, noise related to truck traffic is not anticipated to exceed background residential levels. B. The operation of the USES shall comply with the air quality regulations promulgated by the Colorado Air Quality Control Commission. An appropriate Air Pollution Emission Notice(APEN)for processing and fugitive dust, will be secured from the Stationary Sources Program of the Colorado Department of Public Health and Environment prior to start up of plant/processing and extraction activities. Control measures will include the following: 1. Adequate soil moisture will be maintained in soils and overburden, when disturbed, to control fugitive particulate emissions. Watering will be implemented if necessary. 2. Fugitive particulate emissions potentials from material handling(i.e., removal, loading, and hauling)shall be controlled by watering at all times, unless natural moisture is sufficient to control emissions. Varra Companies, Inc. —North Metro Distribution Center 4 Addendum A: Division IV—Comments - County Use by Special Review—May 2001 3. Vehicle speed on unpaved roads and disturbed areas within the parcel will not exceed a maximum of 30 m.p.h. Speed limit signs will be posted. 4. Unpaved haul roads will be watered as often as needed to control fugitive particulate emissions. Water trucks will be used as necessary to keep all internal access roads stable during operations. Should vehicles access the location along homes,water trucks or dust palliatives will be utilized as appropriate on an as needed basis. 5. Areas outside of planned activity will be vegetated with grasses to maintain stability of soil from wind and water erosion,where an effective cover does not already exist. 6. Material stockpiles will be watered,as necessary,and depending upon the nature and type of stockpile(e.g.,some will be naturally resistant to the influences of wind due to weight,type of material,location,etc.),to control fugitive particulate emissions to approved levels. Generally, stockpiles will be oriented parallel to the prevailing winds. Stockpile profiles will be comparatively gentle with 3h:lv slopes. 7. Due to the drying effect of wind on land,vegetation and materials,and related impairment on spray velocities necessary to wet stockpiles and related workings,water applications will v.-use and the operation will not be responsible for emissions emanating from the parcel when wind gusts exceed 25 m.p.h., or generally exceed reasonable sustained velocities (i.e., 25 m.p.h.,or greater). A wind sock will be utilized on site to visually monitor wind velocities. 8. Access roads,plant site entry-ways,material and processing yards will be graveled. C. The operation of the USES shall comply with the water quality regulations promulgated by the Colorado Water Quality Control Commission. A Storm Water Management Plan will be in place for this operation prior to start up of operations. Appropriate discharge permits will be secured from the Colorado Department of Public Health and Environment,Water Quality Control Division,prior to discharge of water from plant/processing or extraction activities. D. The USES shall comply with the following lighting standards: 1. Sources of light, including light from high-temperature processes such as combustion or welding, shall be shielded so that light rays will not shine directly onto ADJACENT properties where such would cause a nuisance or interfere with the USE on the ADJACENT properties; and Appropriate measures will be taken to comply with this section. Should a procedure such as welding be required on open ground,the service vehicle will attempt to shield light emanating from such activity. Lighting needed to operate safely will be diffuse or otherwise directed away from area residences. On site lighting will occur at the entrance to the access road, and at selected locations at the plant sites,material processing yards and supporting rail facilities, as established. 2. Neither direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on PUBLIC or private STREETS and no colored lights may be used which may be confused with or construed as traffic control devices. Plant and processing equipment,yard and related rail operations,will be more than 100 feet from Weld County Road 11. Access into the property will intersect Weld County Road 11 perpendicularly. No colored lights will be used in a manner or proximity so as to be construed as traffic control devices. E. The USES shall not emit heat so as to raise the temperature of the air more than five degrees (5°) Fahrenheit at or beyond the LOT line. No such uses are anticipated under this proposal. Van-a Companies, Inc. —North Metro Distribution Center 5 Addendum A: Division IV—Comments- County Use by Special Review—May 2001 F. Property shall be maintained in such a manner that grasses and weeds are not permitted to grow taller than twelve(12)inches. In no event shall the property owner allow the growth of NOXIOUS WEEDS. (Weld County Codification Ordinance 2000-1.) The operator has in place a weed control program. Appropriate mechanical and chemical control of weeds is provided for(refer to Soils Report, Addendum C). The present condition of the parcel is prone to weeds. The abandoned(unproductive)farmland has been invaded by weeds. On site grading,establishment of the materials yard,plant site, rail,and vegetated buffers will improve existing conditions, returning presently affected barren weedy lands to native grasses, stockpiled product,or managed structures and grounds. Sec.23-2-260. Application Requirements: Please refer to the Weld County Use by Special Review Application& Ouestionnaire,unless otherwise noted. A. The purpose of the application is to give the petitioner an opportunity to demonstrate through written and graphic information how the proposal complies with the standards of this Chapter. The following supporting documents shall be submitted as a part of the application except for those items determined by the Director of Planning Services, in writing, or the Board of County Commissioners,on the record, to be unnecessary to a decision on the application. 1. A statement which explains that the proposal is consistent with Chapter 22 of this Code and any other applicable code provision or ordinance in effect. See Questionnaire. 2. A statement which explains that the proposal is consistent with the intent of the district in which the USE is located. See Questionnaire. 3. A statement which explains that the USES which would be permitted will be compatible with the existing surrounding land USES. See Questionnaire. 4. A statement which explains that the USES which would be permitted will be compatible with the future DEVELOPMENT of the surrounding area as permitted by the existing zone and with future DEVELOPMENT as projected by Chapter 22 of this Code and any other applicable code provision or ordinances in effect, or the adopted MASTER PLANS of affected municipalities. The best evidence of future development of the surrounding area is the City and County of Broomfield Sub-Area Land Use Plan, as provided under Addendum E. As indicated,the lands to the immediate West of Weld County Road 11 will be developed for Mixed Use Commercial and Industrial (Employment). A commercial poultry operation borders the parcel to the North. The Union Pacific Railroad boarders the parcel to the East, a commercial/industrial use of RV and mobile home storage borders the Southern property. While comparatively small parcel agriculture comprises the balance,nearby these parcels are being broken into lots for residential development. Rail spurs are nearby(less than one quarter mile)to the North along the Union Pacific Rail line. Farmers Irrigation company owns the home abutting the property next to the Access road. The City of Northglemn reservoir is located approximately one and a Varra Companies, Inc. —North Metro Distribution Center 6 Addendum A: Division IV—Comments - County Use by Special Review—May 2001 half miles to the South of the parcel. As you approach Interstate 25, approximately one mile to the West on 1-25, mixed commercial and industrial lots increase. 5. A statement which explains that the application complies with Article V of this Chapter if the proposal is located within any Overlay District Area identified by maps officially adopted by the COUNTY. The property does not appear to fall within an Overlay District Area.. Article V should not apply in this instance. 6. A statement which explains that if the USE is proposed to be located in the A(Agricultural)Zone District, the applicant has demonstrated a diligent effort has been made to conserve prime agricultural land in the locational decision for the proposed USE. See Questionnaire. 7. A statement which explains that there is adequate provision for the protection of the health, safety and welfare of the inhabitants of the NEIGHBORHOOD and the COUNTY. Care has been taken to adequately buffer the proposed operations, while concentrating the activities toward the center of the property. B. The following general information shall be submitted: 1. Name, address and telephone number of the applicants. See Application Form. 2. Name and address of the fee owners of the property proposed for the Use by Special Review if different from above. See Application Form. 3. Legal description of the property under consideration. The Legal Description is included with the Certificate of Conveyances in Addendum B. 4. Total acreage of the parcel under consideration. 69.48 Acres 5. Existing land USE of the parcel under consideration. Agriculture 6. Existing land USES of all properties ADJACENT to said parcel. Refer to Questionnaire. Varra Companies, Inc. —North Metro Distribution Center 7 Addendum A: Division IV—Comments- County Use by Special Review—May 2001 7. Present zone and overlay zones, if appropriate. Not applicable. There are not overlay zones. The parcel is presently zoned A—Agriculture. 8. Signatures of the applicant and fee owners or their authorized legal agent. See Application Form, and signatures on Vicinity Map. 9. A certified list of the names, addresses and the corresponding Parcel Identification Numbers assigned by the County Assessor of the owners of property(the surface estate)within five hundred(500)feet of the property subject to the application. The source of such list shall be the records of the County Assessor, or an ownership update from a title or abstract company or attorney derived from such records, or from the records of the County Clerk and Recorder. If the list was assembled from the records of the County Assessor, the applicant shall certify that such list was assembled within thirty (30)days of the application submission date. Included under separate letter with this submittal. 10. An affidavit listing the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land being considered. The list shall be prepared from the real property records of the County Clerk and Recorder, and shall be current as of a date no more than thirty (30)days prior to the date the application is submitted to the County Department of Planning Services. Included under separate letter with this submittal. 11. A sign shall be posted for the applicant on the property under consideration for a Use by Special Review permit. The sign shall be posted adjacent to and visible from a publicly maintained road right-of-way. In the event the property under consideration is not adjacent to a publicly maintained road right-of-way, one(1)sign shall be posted in the most prominent place on the property and a second sign posted at the point at which the driveway(access drive) intersects a publicly maintained road right-of-way. The sign shall be posted at least ten(10) days prior to the hearing. Acknowledged. C. A detailed description of the proposed operation and USE shall be supplied. Details for the following items, when applicable, are required: 1. Type of USE for which the application is being made. See Questionnaire. 2. Proximity of the proposed USE to residential STRUCTURES. Please refer to Vicinity Map. 3. The number of shifts to be worked and the maximum number of employees. See Questionnaire. Varra Companies, Inc. —North Metro Distribution Center 8 Addendum A: Division IV—Comments- County Use by Special Review—May 2001 4. The maximum number of users, patrons, members, buyers or other visitors that the use by special review facility is designed to accommodate at any one(1)time. See Questionnaire. 5. Types and maximum numbers of animals to be concentrated on the site at any one(1)time. None. 6. Types and numbers of operating and processing equipment to be utilized. See Questionnaire. 7. Type, number and USES of the proposed STRUCTURES to be erected. See Questionnaire. 8. Type, size, weight and frequency of vehicular traffic and access routes that will be utilized. See Questionnaire. 9. Domestic sewage facilities. See Questionnaire. Also, refer to Plot Plan, page 4 of 4. 10. Size of stockpile, storage or waste areas to be utilized. See Questionnaire. 11. Method and time schedule of removal or disposal of debris, JUNK, and other wastes associated with the proposed USE. See Questionnaire. 12. A time table showing the periods of time required for the construction of the operation. See Questionnaire. 13. Proposed LANDSCAPING plans. See Questionnaire and Addendum D—Landscape Plan. 14. Reclamation procedures to be employed as stages of the operation are phased out or upon cessation of the Use by Special Review activity. See Questionnaire. 15. A statement delineating the need for the proposed USE. See Questionnaire. Varra Companies, Inc. —North Metro Distribution Center 9 Addendum A: Division IV—Comments-County Use by Special Review—May 2001 16. A description of the proposed fire protection measures. See Questionnaire. 17. Such additional information as may be required by the Department of Planning Services, the Planning Commission or the Board of County Commissioners in order to determine that the application meets the requirements of this Chapter and the policies of Chapter 22 of this Code. Acknowledged. D. Special Review Permit Plan Map. 1. The map shall be delineated on reproducible material approved by the Department of Planning Services. Mylar set included with submittal, or otherwise available upon request. 2. The dimensions of the map shall be thirty-six(36)inches wide by twenty-four(24)inches high. Acknowledged. 3. The Special Review Permit Plan Map shall include certificates for the property owner's signature, the Planning Commission,the Board of County Commissioners and the Clerk to the Board. The required content of the certificates is available from the Department of Planning Services. Included on the Vicinity Map. Space limitations did not permit the certificates and signatures on Plot Plan Maps. 4. Vicinity Map. A vicinity map shall be drawn on the Use by Special Review Permit Plan Map. a. The scale of the vicinity map shall be one(1) inch equals six hundred(600)feet or at another suitable scale if approved by the Department of Planning Services. Acknowledged and shown. b. The vicinity map shall delineate all of the required information within a one-half('/2) mile radius of the property proposed for the Use by Special Review. Acknowledged and shown. c. The following information shall be shown on the vicinity map: 1) Section, township and range. 2) Scale and north arrow. 3) Outline of the perimeter of the parcel proposed for the Use by Special Review. Varra Companies, Inc. —North Metro Distribution Center 10 Addendum A: Division IV—Comments- County Use by Special Review—May 2001 4) The general classifications and distribution of soils over the parcel under consideration. Soil classification names and agricultural capability classifications must be noted in the legend. 5) Locations and names of all roads, irrigation ditches and water features. 6) Location of all residences within a one-half mile radius, existing and proposed accesses to the property proposed for the Use by Special Review, any abutting subdivision outlines and names, and the boundaries of any ADJACENT municipality. 7) My other relevant information within a one-half mile distance of the perimeter property proposed for the Use by Special Review as may be reasonably required by the COUNTY to meet the intent and purpose of this Chapter. Acknowledged and shown. 5. Plot Plan. A plot plan of the Use by Special Review area shall be drawn on the Special Review Permit Plan Map. a. The scale of the plot plan shall be one inch(1")equals one hundred feet(100)or at another suitable scale if approved by the Department of Planning Services. Acknowledged and shown. b. The plot plan shall outline the Boundaries of the parcel being considered for the Use by Special Review. Acknowledged and shown. c. The plot plan shall include the location and identification of all of the following items which are presently existing within a two-hundred foot radius of the boundaries of the use by Special Review area as well as within the area itself; it shall also include the proposed features and STRUCTURES of the Use by Special Review: 1) All public rights-of-way of record(including names). 2) All existing and proposed STRUCTURES. 3) All utility easements or rights-of-way for telephone, gas, electric, water and sewer lines. 4) Irrigation ditches. 5) Adjacent property lines and respective owners' names (may be shown on vicinity map instead). 6) All hydrographic features including streams, rivers, ponds and reservoirs (including names). 7) Topography at two-foot contour intervals as determined necessary by the Department of Planning Services. 8) Location of areas of moderate or severe soil limitations as defined by the Natural Resources Conservation Service or by a soil survey and study prepared by a soils engineer or scientist for the USES and associated STRUCTURES proposed for the parcel. 9) Location and design of storm water management devices or STRUCTURES. Varra Companies, Inc. —North Metro Distribution Center 11 Addendum A: Division IV—Comments - County Use by Special Review—May 2001 10) Complete traffic circulation and parking plan showing locations and sizes. 11) Location, amount, size and type of any proposed LANDSCAPING, fencing, walls, berms or other SCREENING. 12) Location of any flood hazard, GEOLOGIC HAZARD or mineral resource areas. 13) Such additional information as may be reasonably required by the Department of Planning Services, the Planning Commission or the Board of County Commissioners in order to determine that the application meets the requirements of this Chapter and the policies of Chapter 22 of this Code and any other applicable code provision or ordinance in effect. Acknowledged and shown. E. Supporting Documents. The following supporting documents shall be submitted as part of the application: 1. Where an authorized legal agent signs the application for the fee owners, a letter granting power of attorney to the agent from the owners must be provided. The Owners of the parcel have signed the application form. 2. Proof that a water supply will be available which is adequate in terms of quantity, quality and dependability(e.g., a well permit or letter from a water district). Water will be imported to the location from reliable sources. Water for operations and dust suppression will be trucked into the property. Bottled water will be provided for employees. 3. Copy of the deed or legal instrument by which the applicant obtained an interest in the property under consideration. A copy of the Deed to the property is included with the Certificate of Conveyances, in Addendum B 4. A noise report, unless waived by the Department of Planning Services, documenting the methods to be utilized to meet the applicable noise standard. Please refer to Sec.23-2-250 A, above. Noise impacts are not anticipated to exceed background residential levels beyond the site boundary. Regardless, an 80 decibel limit is requested. From the sources, we anticipate decibel readings to decrease 10±db the first 100 feet from the source, and 5±db for every 100 feet there after. In this manner, noise emanating from the source at 80±db should reach background residential at 400±feet from the source. To the best of our knowledge, all residences are located beyond 100 feet from the materials yard and plant/processing locations, and attending rail support locations. When plant site locations are considered relative to surrounding material stockpiles, material stockpiles will further buffer the effects of noise to surrounding lands emanating from operations. This information is derived from previous studies. On 28 August 1998, using a hand held decibel meter, on loan from the Weld County Department of Health, noise levels were measured from plant/processing locations at two approved resource recovery locations located along St. Vrain Creek. Decibel readings were taken at 100 foot increments, commencing at ground zero(an El Jay cone Varra Companies, Inc. —North Metro Distribution Center 12 Addendum A: Division IV—Comments- County Use by Special Review—May 2001 crusher)at the source. Source noise included a combination of equipment radiating at or near the source, including several conveyors, screeners,and heavy equipment(front-end loader and scrapers). Initial readings varied by 10±decibels. Average readings radiating from the source, beginning at ground zero, are as follows: Ground 0:80±db +100 feet:70±db +200 feet:65±db +300 feet:60±db +400 feet 55±db The average noise from a passing semi truck,on asphalt, at Weld County Road 13,traveling 55 mph or greater,averaged 70±decibels. A passenger vehicle averaged 60±decibels at 55 mph or greater at the same location. Since traffic volumes will pass nearby residences, average speeds on area gravel roads will be substantially less (30 mph on County roads, and 15 mph on-site). Therefore,noise related to truck traffic is not anticipated to exceed background residential levels. 5. A soil report of the site prepared by the Natural Resources Conservation Service or by a soils engineer or scientist. In those instances when the soil report indicates the existence of moderate or severe soil limitations for the USES proposed,the applicant shall detail the methods to be employed to mitigate the limitations. (Weld County Codification Ordinance 2000-1.) Please refer to Addendum C, Soils Report. Sec.23-2-270. Development Standards An applicant for a Special Review Permit shall demonstrate conformance with and shall continue to meet any DEVELOPMENT STANDARDS approved and adopted by the County. The DEVELOPMENT STANDARDS shall be placed on the Special Review Permit Plan Map prior to recording. Noncompliance with any of the approved DEVELOPMENT STANDARDS may be reason for revocation of the special review permit by the Board of County Commissioners. (Weld County Codification Ordinance 2000-1) Acknowledged. Varra Companies, Inc. —North Metro Distribution Center 13 Addendum A: Division IV—Comments - County Use by Special Review—May 2001 APPENDIX B WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Public Works Department Date: 1111 H Street,P.O. Box 758, Greeley, CO 80632 Phone: (970)356-4000, Ext. 3750 Fax: (970)304-6497 1. Applicant Name Varra Companies, lnc. Phone (30"3) 666-6657 Address 12910 Weld County Road 13 City Longmont State CO Zip 80504 2. Address or location of access Southwest corner of the S/2Nw/4 Section 25 Township 1 North Range 68 West Subdivision Block Lot Weld County Road # 11 Side of Road East Distance from nearest intersection one—half mile 3. Is there an existing access to the property? Yes X No #of accesses one 4. Proposed Use: LS Permanent O Residential/Agricultural U Industrial ❑ Temporary ❑ Subdivision ❑ Commercial I Other material stockpile/process 5. Site Sketch Ap Legend for Access Description: 4b�lw� AG = Agricultural tES = Residential O&G= Oil&Gas D.R. = Ditch Road 1 D. 2 *' 1 = 0&G 2 = proposed — USR ********************************** OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions ❑ Installation authorized ❑ Information Insufficient Reviewed By: Title: 8 Landscape Plan All lands affected outside of the planned activities(e.g., plant sites, materials and processing yard,rail and support locations, access road, etc.), or otherwise needing stabilization, will be vegetated with the following seed mixture. The grass mixture does not require irrigation to establish itself, and once established will provide an effective long-term low maintenance cover to applied areas. Species included in the mixture will add a variety of form, function and color to complement the parcel and surrounding lands. All areas presently stable and covered with native and/or introduced vegetation comprising species other than that described in the seed mixture, below, will not be revegetated or otherwise reclaimed as long as the composition is not predominantly comprised of noxious weeds. Essentially, the outer perimeter of lands not designated for other uses will be maintained with existing grasses, or stabilized with the grass mixture, below. Green Ash and Locust trees will be established along the greenspace lining the more exposed Southern aspect of the parcel(refer to Plot Plan,page 1 of 4). Greenspace is provided along the entire perimeter of the parcel, to a minimum depth of 40 feet, except along the Eastern border with the planned and existing rail. The greenspaces will be maintained in existing grassed conditions, or by establishing low maintenance, low water demanding, native grass, as indicated in the planned grass mixture, below. The greenspace along the Eastern border will be bermed with alternating heights up to three feet, terminating at the planned 2.5±acre Detention Basin. The Detention Basin will also be maintained in grass. Berms and greenspace will also act to direct surface storm water flows as part of maintaining overall site stability. The balance of other properties are well guarded by mature vegetation and/or substantial distances between any planned activity. Additional plantings of trees, shrubs, forbs will occur at the discretion of the landowner following site development of facilities and structures. Placement, selection or establishment of vegetation and berms will be made in a manner that will not serve to compromise the safety of operations and supporting facilities and access roads, including points of ingress and egress. Continued...next page... Addendum D—Landscape Plan 1 Varra Companies,Inc. —North Metro Distribution Center Section 25; Township 1 North; Range 65 West; 6th P.M.; Weld County Colorado I Landscape Plan Landscape Vegetation Grass Mixture: SEASON ORIGIN FORM SPECIES(scientific name) SPECIES(common name) VARIETY % MIX #as/ACRE Cool Native MB Festuca ovina Sheep fescue Covar 25 0.6 Warm Native SS Bouteloua gracilis Blue grama Alma 20 0.4 _ Cool Native MS Poapratensis Kentucky bluegrass Troy 15 0.1 _ Warm Native MB Schizachyrium scoparium Little bluestem Pastura 15 1.0 Cool Introduced TB Elytrigia elongata Tall wheatgrass 10 2.2 Warm Native TS Andropogon gerardi Big bluestem Kaw 05 0.7 Warm Native SB Bouteloua curtipendula Sideoats grama _Vaughn 05 0.5 _ Cool Introduced MS Bromus inermis Smooth brome Manchar 02 0.1 Warm Native MB Sporobolus airoides Alkali sacaton 01 0.01 Warm Native MB Sporobolus cryptandrus Sand dropseed 01 0.01 SB Tri(fblium repens Strawberry clover O'Conner 01 0.1 Total = 5.72 Mixture shown is for a critical area seeding of 40 seeds per square foot,drilled If broadcast,rates will be doubled. In Lieu of Mulch—Apply 10'1 pls/acre—Wheat X Wheatgrass[e.g.,Regreentm]hybrid or other appropriate hybrid for pre-emergent stabilization and erosion control. Form Code: First Letter is S M or T(Small,Medium,or Tall in height)-Second Letter is B or S(Bunch or Sod former). Locust and Green Ash will be placed singularly or in clusters up to 3 every 100 to 200 feet in length along the greenspace lining the Southern extent of the parcel. Stock will be seedling stock with a minimum of one year of growth outside of a greenhouse [(1-1) stock typical]. Trees planted in a cluster will be spaced a minimum of 15 feet between seedlings. Addendum D —Landscape Plan 2 Varra Companies, Inc. —North Metro Distribution Center Section 25; Township 1 North; Range 65 West; 6th P.M.;Weld County Colorado • ANdERSON CONSULTING ENCliNEERS, INC Addendum F Civil • Water Resources • Environmental USA Weld County, CO May 1, 2001 Mr. Bradford Janes Varra Companies P.O. Box 2049 Broomfield, CO 80038 RE: Conceptual Stormwater Drainage Plan (ACE Project No. COVCO1) Dear Mr. Janes: Anderson Consulting Engineers, Inc. (ACE) is pleased to present the analyses associated with the conceptual stormwater drainage plan for your site. The information contained herein is intended to present the hydrologic models used to analyze your project and pertinent results. Weld County does not currently have specific drainage criteria; therefore, the drainage analysis for your project was assumed to conform to the Urban Drainage and Flood Control District's (UDFCD) Urban Storm Drainage Criteria Manual (USDCM). The specific manual used for the analysis was Volume 1, dealing with rainfall and runoff A summary of the drainage planning effort is presented below. Rainfall The procedures utilized for determination of rainfall at the project site were in accordance with the methodology outlined in the USDCM. For the 100-year rainfall event, it was determined a 2-hour storm should be used with a total precipitation depth of 3.08 inches. Backup documentation for the rainfall analyses is attached. Runoff The hydrology for the site was determined using the UDFCD Colorado Urban Hydrograph Procedure (CUHPF95) and the Urban Drainage Storm Water Management Model (UDSWM95) models. Sub-basin discharges were determined for both existing and developed conditions. Existing Conditions Results Two sub-basins were delineated to determine the existing conditions runoff. The results from the CUHP model indicated a release from Sub-basin H0I (45,2 ac) of 41 cfs, and a release from Sub-basin H02 (27.5 ac) of 32 cfs, for a total site release of 73 cfs. Backup documentation is provided for the development of the existing condition sub-basin parameters. T:\OPEN\Covc01\COVC0I-LTR.doc 5/1/2001 2900 South College Avenue,Suite 38• Fort Collins,CO• 80525 Phone: (970)226-0120• Fax: (970)226-0121 • E-mail: mail@acewater.com — Mr. Bradford Janes Addendum F Page Two May 1, 2001 USR Weld County, CO Developed Conditions Results Five sub-basins were delineated to determine the developed conditions runoff. The results from the CUHP model indicated the following releases: 13 cfs from sub-basin D01; 10 cfs from sub-basin D02;40 cfs from sub-basin D03; 73 cfs from sub-basin D04; and 55 cfs from sub-basin D05, for a total site release of 191 cfs. Backup documentation is provided for the development of the developed condition sub-basin parameters. Detention Analysis A UDSWMM model was created for the developed condition. Conceptual routing elements were created to route all of the flow to the southeast corner of the site. Two detention ponds were placed on-site: one draining sub-basin D03 containing the commercial building, office, and yard, and one draining all five sub-basins at the southeast corner of the project. Flows from the sub-basin D03 pond were also routed through the southeast pond. Using the USDCM, the release rates for both ponds were determined using the procedures outlined in the manual. A maximum release rate of 70.8 cfs was determined. The commercial building pond was determined to have a release rate of 8.8 cfs, while the southeast pond was determined to have a release rate of 70.8 cfs. Consequently, it was determined that the detention ponds adequately detain the runoff from the site. The pond volume needed for sub-basin D03 was 1.3 acre-feet, and the pond volume needed for the southeast pond was 5.9 acre-feet. Backup documentation is provided for the detention analysis. If you have any questions or comments regarding these analyses, please do not hesitate to contact us. Sincerely, ANDERSON CONSULTING ENGINEERS, INC. g,...29 ZJ Brian L. Van Zanten, P.E. Project Engineer Bradley A./Anderson, P.E. President BLV:BAA:tlt Attachments T:\OPEN\Covc01\COVC0I-LTR.doc 5/1/2001 FOR COMMERCIAL SITES, PLEASE FILL OUT THE FOLLOWING INFORMATION BUSINESS EMERGENCY INFORMATION: Business Name: Varra Companies, lnc. Phone: (303) 666-6657 Address: 17910 Weld County Road 13; Longmont, Colorado 80504 Business Owner: Christopher t,. Varra. President Phone: (303) 666-6657 Home Address: City: List three persons in the order to be called in the event of an emergency: NAME TITLE ADDRESS PHONE Christopher L. Varra, President 12910 Weld County Rd. 13; Longmont (303) 666-6657 Jack Lorenzini, Safety Officer 1431 E. 16th Street, Greeley (970) 353-1529 Bradford Janes. Forester 1431 E. 16th Street, Greeley (970) 353-8310 Business Hours: 24 hours Days: Monday through Sunday Type of Alarm: None Burglar Holdup Fire Silent Audible Name and address of alarm company: None Location of Safe: None MISCELLANEOUS INFORMATION: Number of entry/exit doors in this building: N/A Location(s): Not built Is alcohol stored in building? Location(s): Are drugs stored in building? Location(s): Are weapons stored in building? Location(s): The following programs are offered as a public service of the Weld County Sheriff's Office. Please indicate the programs of interest. Physical security check Crime Prevention Presentation UTILITY SHUT OFF LOCATIONS: Main electrical: Not built ----Gas shut off: Exterior water shutoff: Interior water shutoff: 6 Varra Companies, Inc. Office of Special Projects 1431 East 16th Street Greeley,Colorado 80631 Telephone(970)353-8310 Fax(970)353-4047 Monday 9 July 2001 Chris Gathman, Planner Weld County Department of Planning Services 1555 North 17th Avenue Greeley, Colorado 80631 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 6th P.M.; Weld County, Colorado. For purposes of clarification: 1. The Commercial Office: This 4.17±acre facility(as identified in the Plot Plan, page 1 of 4)will be associated, related and accessory with uses, activities and commodities provided under the approved U.S.R. 2. Water Resources: Attached is an approved permit from the Office of the State Engineer for the development of a commercial exempt well. This well will be adequate to service employees for potable water and the planned septic system. Also included is correspondence from Central Weld County Water District that verifies that water taps are not presently available. Verbal conversations with the District suggest water taps will not be available under their present agreement with Left Hand Water District, until such a time as additional water infrastructure to serve the area can be developed. At present this is projected to take as much as two or more years to complete. Additionally, find correspondence from our water engineer, Cheryl Signs, Cheryl Signs Engineering, suggesting that the potential to develop a commercial well could take upwards of two years or longer as well. Asphalt plant operations will be dry, and if water is needed should not exceed 100 gallons per day. The calculations for concrete plant operations reveal approximately 9,120 gallons will be needed per day of operations. Of the total vehicle volume necessary to supply the plant operations of water, we estimate two trips utilizing the Corporations own 5,000-gallon water truck should prove more than adequate. The calculation to validate this determination is as follows: 6,142±cu.yds. of concrete production per day=26 days of operation {based upon mean values derived for the year 2000 from Varra Companies, Inc. Ft. Lupton concrete plant operations.} =236±cu.yds. concrete production per day. ...240±cu.yds. concrete production per day x 38±gallons {the higher potential} water per cu.yd. of concrete=9,120±gallons per day. EXHIBIT 69 The importation of water for operations is not our preferred option, but it is our only option at this time. Varra Companies, Inc., will use due diligence to remedy this concern over the intervening two to three year period. 3. Public Works: Varra Companies, Inc. has met with Weld County Planning and agreed to the following considerations: a. Varra Companies, Inc. has agreed to a preliminary haul route and routing of traffic with the Department of Public Works, and will finalize this consideration following the completion of road maintenance agreement with respective municipal authorities, and with Weld County Public Works. b. A traffic impact study will commence as soon a practical and in a manner that complements the finalization of traffic impact considerations and respective road maintenance agreements. A completed study will be provided to Public Works at least two weeks prior to consideration of the U.S.R. by the Weld County Board of Commissioners. Since a timetable for the engineering, development and review of the traffic study is difficult to predict, subsequent hearings may need to be established relative to the completion of this consideration. c. In order to further mitigate against the potential for fugitive dust, Varra Companies, Inc. will create a 30 foot wide by 300 foot long concrete driveway into the property beginning at the point of entry of the designated access road. 1 trust this will satisfy the majority concerns expressed by staff respective of this submittal. Naturally, please feel free to contact us for matters needing clarification, or for additional information and assistance. Thank-you for your time and kind consideration. Respectfully, Varra Companies, Inc. Br d Janes Professional Forester cc. Christopher L. Varra, President Varra Companies, Inc. Donald Carroll, Engineering Administrator Weld County Public Works BLJ/blj. Enclosures: 1. Correspondence from Central Weld County Water District of 30 May 2001. 2. Correspondence from Cheryl Signs Engineering of 9 July 2001. Varra Companies,Inc.—North Metro Distribution Center 2 Weld County Use by Special Review—May 2001 Correspondence to Chris Gathman,Planner—Monday 9 July 2001 Varra Companies, Inc. Office of Special Projects 1431 East 16th Street Greeley,Colorado 80631 Telephone(970)353-8310 Fax(970)353-4047 Thursday 3 May 2001 Weld County Department of Planning Services 1555 North 17th Avenue Greeley, Colorado 80631 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 6u'P.M.; Weld County, Colorado. Dear Planner: Submitted with this correspondence, please find: • Check 11830 in the amount of $1,100.00—Application Fee. • Check 11831 in the amount of $20.00—Legal Notice Fee. • One Copy of affidavit and certified list of names and addresses of surface owners within 500 feet of the Special Review Property, obtained from the Weld County Assessor's Office. • One Copy of affidavit and certified list of names and addresses of mineral owners and lessees of minerals, obtained from the Weld County Assessor's Office. • One Copy of signed and notarized affidavit of certified list of names and addresses of mineral owners as determined from the Weld County Clerk and Recorder's Office. • One copy of the Emergency Information Sheet. • One copy of Easements and Right-of-Ways within 200 Feet of Property, showing names and addresses—See Note 1, below. • One original Weld County Road Access Information Sheet and nine (9) copies. • Ten(10) copies of the Special Review plat map (24 X 36), comprised of the following pages: 1. Vicinity Map—page 1 of 1 with Certificates of property owners(including property owner's signatures), Planning Commission's Certificate, and Board of County Commissioners' Certificate. 2. Plot Plan Map—page 1 of 4—Facility Layout. 3. Plot Plan Map—page 2 of 4 —Drainage Plan—Existing Conditions. 4. Plot Plan Map—page 3 of 4—Drainage Plan—Developed Conditions. 5. Plot Plan Map—page 4 of 4—Individual Sewage Disposal System. All maps provide the required content specified under the Use by Special Review Permit Map Checklist. Spacing required that certificate information and signatures be placed on the Vicinity Map, as provided. 1 Note 1:Plot Plan, page 1 of 4, shows all known utilities and related easements and rights- of-way within 200 feet of, or within, the parcel boundary, as best as they could be determined from field investigations, utility contacts, and research at the Weld County Clerk and Recorder's Office and Weld County Assessors Office. The names and addresses of each are itemized on the list of`Easements and Right-of-Ways within 200 Feet of Property,' included with this cover letter. Information derived from the Clerk and Recorder's Office or Assessors Office is idicated on the required Note 2:Once copy of each of the above maps are on reproducible mylar and are available with this submittal, or at the request of Weld County Planning, in conformance with submittal instructions. • One copy of each of the above maps as reduced on 81/2"x11" format. Note: To aid in the County's referral of information, 20 copies of the reduced map are included in each of the sets of the USR application, as detailed below. • One original signed application with 19 copies, with the following included. 1. One original with 19 copies of the Use by Special Review Questionnaire. 2. One original with 19 copies of Comments to Division IV requirements, per Section, as a supplement to assure compliance with the Use by Special Review, and supplement to the Questionnaire, since elements of Division IV are not addressed by the Questionnaire, or may otherwise supplement information included in the Questionnaire. 3. One original with 19 copies of Addendums that supplement the submittal, including: a. Addendum A—Division IV—Chapter 23 Comments. b. Addendum B i. Certificate of Conveyance. ii. Copy of Deed. iii. Exhibit A—Legal Description. c. Addendum C—Soils Report. d. Addendum D—Landscape Plan. e. Addendum E—City and County of Broomfield—Sub-Area Land Use Plan. f. Addendum F—Text pertaining to Drainage Plans (refer to Plot Plan Maps pp. 2 of 4 and 3 of 4), as prepared by Anderson Consulting Engineers, Inc. Attached to this cover letter are color printouts of the aerial information found on the Assessor's GIS web page information. The first page orients the parcel under consideration to the adjacent lands and transportation corridors, as detailed in the USR submittal. The second aerial provides a color printout of the parcel in closer view, and showing the 57.10±foot wide strip of land that comprises the parcel in the SW/4 of the Section, as referenced in the USR. This is the area of access into the parcel, as indicated on the Plot Plan, page 1 of 4; and the Access Information Sheet. Eventually, rail will be developed into the parcel to facilitate the movement of plant generated and imported construction materials, including concrete, asphalt, recycled materials, landscape materials, and related products, services and related transportation and support facilities and equipment necessary to aid the developing infrastructure of both the rural and urban matrix. Varra Companies, Inc. —North Metro Distribution Center 2 Weld County Use by Special Review—May 2001 While viewed from the aerial, at a glance the surrounding appears agricultural and sparsely populated. However, the City and County of Broomfield have annexed immediately West of the parcel, from Weld County Road 11. The City and County of Broomfield have designated these lands for future development into Employment Centers (i.e., industrial/commercial uses); while adding Mixed Use Commercial designations a little farther toward the Interstate. Commercial and industrial uses are evident along the Interstate 25 nodes at Weld County Road 6. The Union Pacific Railroad borders the parcel along its Eastern flank, while commercial poultry operations are evident to the North border, and commercial RV and mobile home storage to the South. Coors has production facilities on lands just to the north of the City of Northglenn's municipal reservoir. Agricultural production does not appear to be substantive on lands that appear to somewhat diminished in appearance according to the vegetation and size of the remaining parcels. Many surrounding agricultural are being divided for large lot residential structures, or converted to other uses by USR, and no longer meet the 80 acre minimum for productive agricultural designation. The parcel itself fits this description, and further more, has had the water divorced from the land by sale to the City of Northglenn. Interstate 25 is approachable from the North or South. Colorado Highway 7 provides access to Brighton as well as Interstate 25 and points West and South. Weld County Roads 6 and 8 provide access to the Tri-Town areas, Colorado Highway 85, and Interstate 25 and points West and North. When considering the existing conditions of the parcel, the surrounding lands and uses, future area development and infrastructure needs, the sparse residential establishment, and the area transportation complex, the site is ideally suited for the uses proposed in this USR. We trust you will find this proposal to be an asset to the area communities, and to Weld County, Colorado. Our thanks for the assistance of Weld County Planning Staff for their opinions and direction. We listened, and trust you will find that influence reflected in this submittal. Naturally, please feel free to contact us for matters needing clarification, or for additional information and assistance. Thank-you for your time and kind consideration. Respectfully, Varra Companies, Inc. Brad o : Janes Professional Forester cc. Christopher L. Varra, President Varra Companies, Inc. BLJ/blj. Enclosures: see above. Varra Companies, Inc. —North Metro Distribution Center 3 Weld County Use by Special Review—May 2001 BOATRIGHT, RIPP & SHARPL, LLC Attorneys at Law 4315 WADSWORTH BOULEVARD WHEAT RIDGE,COLORADO 80033 r- TELEPHONE (303)423-7131 THOMAS R.RIPP FAX (303)423-7139 toinripp a,gwest.net o ECEIV ept AUG 1 0 2001 e. ►end Connt WELD COUNTY O ,(; r31 ATT©RNEY'S OFFICE Lee D. Morrison ItEC°N1 P.O. Box 948 Greeley, Colorado 80632 Dear Lee: 1'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 & SHE,i LC omas . ipp BOATRIGHT, RIPP & SHARPE, LLC Attorneys at Law 4315 WADSWORTH BOULEVARD WHEAT RIDGE,COLORADO 80033 TELEPHONE (303)423-7131 FAX (303)423-7139 THOMAS R.RIPP tomripp a,gwest.net 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: Varra 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 RME 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. ("Varra") does not dispute that RME 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 property between 1902, when the mineral rights were granted to RME's predecessor in interest, and 2001. 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. RME 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 1,2001. HB 01-1088, Section 7(signed by Governor, April 30,2001). 2 Nollan v. California Coastal Com'n,483 U.S. 825, 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 Cir. 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.4 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 fit.5 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.6 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. 4 See e.g., Keystone Bituminous Coal Ass'n v. DeBenedictis,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'h Cir. 1984) (statutes requiring owners of mineral interests created before enactment of the statute to compensate surface owners for actual damages caused by mining and drilling are not takings). Sundheim v. Board of County Com'rs of Douglas County, 904 P.2d 1337 (Colo. App. 1995)aff d 926 P.2d 545 (Coto. 1996). 6 Gerrity Oil& Gas Corp. V. Magness,946 P.2d 913 (Colo. 1997). 7 Smith v. Moore, 172 Colo.440,474 P.2d 794(1970);Rocky Mouhtnain Fuel Co. v. Heflin, 148 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 Colo.205,205 P. 741 (1922). a Farrell v. Sayre, 129 Cob. 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 — — s 09 : Itr r.Pt • POF . • •• •PrP . t_ • '• s a •q p Lid USGS . 404. Chapter SD SUMMARY OF TERTIARY COAL RESOURCES OF THE DENVER BASIN, COLORADO By D. J. Nichols in U.S. Geological Survey Professional Paper 1625-A Click here or r%r t lhit;£Vt11b d P9`srs RCSVurCT assessment v(xlertva TeH..uy c.us he 1s and • in fhct iU4ihPlr 14 ri lu irn. zones 1n thr Northern Rncky Mminrans and Grin Plains rc(inn. Ct S.ric.HUgt,o Suety Yr ulrtUorul Y»rtir it.r•-n • a USGS -cgs ►- Contents Introduction SD-1 Stratigraphy SD-I Description of Coal Zone SD-2 Coal Quality SD-3 Original Resources SD-4 Production History SL)-4 Conclusions SD-5 References Cited SD-6 Figures 5D-I. Geologic map of the Denver Basin. • SD-7. Index map of the Denver Basin. SD-3. Generalized stratigraphy of uppermost Cretaceous and lower Tertiary rocks in the Denver Basin. Sl.) 4. Gcncralizcd stratigraphy of the Dcnvcr lignite zone in the Scranton district (central Denver Basin) and Rarnah-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) sn.n Cock hy.rr.I). on th•r;;:y,!lb3 ”ert k-,,rrc anenint-ni nl•ithkkroi 1'rnl:"y cnaI Iwnlin and the 7uilhar! . :Ln;. n ,” OW NeitMm Reeky Meryttams mtd l kcal!lams tcgbn. U.S.r Y nk Amycy) urrsaie -l l'auct 16]5-, I USGS - Lio ► 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 arc unlikely to he 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, 198g). The Denver Formation ranges in thickness from 600 to 1,580 ft and consists primarily of claystone, siltstonc, and fine-grained sandstone; it includes minor conglomerate beds and local tint Giles IteFe O; or; .JIl.i iyi7.b,-1 1999 Resource ssessmeos or srieckdterreryr aMdp:nuI iu lay lu(.11)er RA real(II tont,in Ow N,..d..n,Rocky M,nmrawn and tncn Items scgum. U S.G•, uwkal Sony P,okssianI Paps. I/O5.a .14 . NUSGS -� ► 1AM lava flows. Carbonaceous shale and lignite arc 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. cast of the city of Denver, and the Rainah-Fondis area to the south (Landis, 1959). The stratigraphy of the lignite zone differs in these two areas, as shown in figure S[)-'I, 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 1$ to 28 ft thick (Kirkham and i_adwig, 1979). In both areas, thinner lignite beds are present also. Most of the coal beds in the Deliver lignite torte contain several non-coal partings, at least some of which are deposits of volcanic ash; others are SD-2 • Click r11:r' au pn thi; 3y,11tioI 1VVV It,sowce az,.,, nl tw,b.wul in Ilk+WOW r r!.!7CtllI11 wows It.u.c Nnuiiw,❑ItIK'I:T Mmaloan11 And l;K+l Mum.at).,,, U.S.G.P1otu 41 SsUKy rr,,fc S ti,naI Y+SKr IP?s A mUSGS ► .OnI.ArIINu�L/t 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-Fonilis 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 7.one 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 :301► ft thick. Alluvial valley floors occupy parts of both areas. COAL Ql3ALin( 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 suhbituminous C coal. The Comanche bed in the Ramah-Fundis area appears to have the highest quality of all Denver lignite zone deposits. The ranges of typical analyses are shown in table I (data from Tremain and others, 1996); detailed data are available in Kirkham (I 978b) and Khalsa and l..adwig (1981). so-1 CloCk 11E q0 in On ihi•; ;yl;'t '.I WIV R romtr:aa:.!<snuwq u( :4'tli,l lerwry‘oat beds and In 1T•.i toolbar to rt•It;rr•. or p••:ut iI, N.urht.ri'Ruck?Muuurjms uni C' PIu0A,r.,(ot US.ticoIup sal Survey Pr4lcrsiurw Kiper r0_'i.A �JL -JL -.) i O'3 • ,.• , < _• USGS --■ to - Table SD-1. Ranges of analyses of Denver Formation lignite (as-received basis) • Btu's ptrpouud_ Moksture(%) • Ash(%) Sulfur (%) 4,000-7,000 22-4t) 8-:io 0.2-0.6 ORIGINAI, 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 arca. Hornbakcr and others (I 976) revised these estimates upward to a total of 12,469 million tons for all Paleocene coal in the. Denver Basin. Kirkham and Ludwig (1 979) 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 }ortnatk m. PRODUCTION HISTORY Mining of coal from the Denver lignite zone apparently began in the late 18()O's. Peak production occurred in the 1920's and 1930's (Kirkham and Ludwig, 1980). Total production from early alines operating in the Scranton district was 35,79) tons (Kirkham and Ludwig, I979). Five mines near Ratnah and four near Fondis, Colorado, were in operation between 1909 and 1940; they produced a total of 3,047 tons of lignite (Kirkham and I.adwig, • 5O.4 Chck,hew!;r 0t tr% -;y:lrbjl ac.oxciwt,n(cclalcdTtniary coal Pcd*and Irl I!)e;orlI.,:,r I 7,:4J+7. i.rri...,,rbc NINrltirU K,RAy MVW t.,,,ow!I,c i P1ri%S left(' V.5.'.'l'^L.vi:al Survey Yro(CSSIMJI Yarer Ih?S.A JUL-31 —tat 09 ;C6 RYl VPRRA COMP.+NIES 97ti Ebb vici3 e'. j}O USGS --�� ► wens Ibarlrgly twlY 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 C!ick here Cr On This aya:h01 1999 Resowa•assrasaKnt or selertcd f'tIL..rn:J bed.:Md i;1 I (UGIUE V tri 19R(I? zones in dim Northern Rocky Mountains and Great Plain,region V C Geologic9 Survey Prnr eninnal Purer WS A J U L- 1 -G1 1 +J' N I -d•! v'H f•:4,r1 l ...1 i l'{ i •J v_'S ._ gUSGS imp fire dory wog -•� ►� 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, U.K., Poliastro, R.M., and Clayton, ?.1... 1995, Denver Basin Province, in Gautier, D.I.., Dolton, (LL., 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, l).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. so-h rk try or tin th,.i sv'nr:l „ 1999 Kinou Cr LSM951I1C11f of wIet r5r ICIIIJIY roJI au) the CJ'71I!i!r t( rtftklrl1. /1.01,K 111 thr N„uf,rn,An.'kyMouut.,,,..:nut(1,.:.11•tau., U.S.(.::n1.,fical S,uay I4.,faaional V.rdr I4'.?'A .1l_.'l_. t1 -✓_ 1 4Jl kJ i. . I'1 vHF.h:r, l �lr'.rli t "r r• .:...> r F. : - guscs Ion eblgiy 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 Arkosc, • • 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. Soistcr, P.G., 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.11., 1978, Eocene rocks in Denver Basin, in Pruitt, J.D., and Coffin, P.P.., ells., Energy resources of the Denver Basin: Rocky Mountain Association of Geologists, 1978 Symposium, p. 231-235. Tremain, C.M., Hornhaker, A.!.., Holt, R.I)., Murray, D.K., and Ladwig, • L.R., 1996, 1995 summary of coal resources in Colorado: Colorado Geological Survey, Special Publication dl, 19 p. Click 118513 Urun h, ',Nor b2,1 otl9Rsn,,ac05.<c$snlCIlsdSdcClcdTaninrycivil beak mad Il IW 101 abwr lu n U IF I l n,hr.Nonh,rn Ra ky MM or mrnins and Cm Drni.n rotnm. II.S,G:nlul:iear Survey Rufieuim..,l r.,,,, II,25.A . -Alii....- ._♦_ Glick here erwi tiss*-ui _ .. . . . _ _. .-_.. .. .. . _ . in the toolbar l:: return. 1. 1 r Holocene _y 105 104 L I Eolian deposits i j I AJuvium "' I�' ki`a."M1 I Gravel and alluvium -*-'- a mr„L o- l ' Oligocene COLORADO [ 1 While River Formation . Eocene - Boulder 4' f - Wall MountainTult nA'Is Paleocene T x P ? - lall Basaltic flows in Denver Formation -c 4 ( Upper Dawson Formation ra ➢E'.`1f'! Paleocene and Cretaceous ' NI! x''01-i (. Denver and Lower Dawson Formations - s in Arapahoe and Denver Formations =0 . ` �! i w • Upper Cretaceous rt r -. - Laramie Formation kh ' ®Fox Hills Sandstone 1 ; a1 t -Pierre Shale,undivided yLr at i ,c 1>, = r P' n Colorado Group Fr Lower Cretaceous •f ,'-'t ' NIA:Dakota Group Mesozoic and Paleozoic • .t - undifferentiated Mesozoic and Paleozoic, differentiated -. fir. :g _ - Middle and Upper Pennsylvanian ` - 1 i unit l . Fountain Formation I Colorado' Precambrian .- Springs 1 { - Pikes Peak Batholith till l: `i.r>.ti:` - Bictitic gneiss and schist 0 10 20 Miles f 1 0 10 20 Kilometers Figure SD-1. Geologic map of the Denver Basin. 7 USGS —.- - _C:i:=riere a crl Ues sji J ... .. . . IF Vie IcoiUar'c relu'i. 4 c 105° I04° r I I -- 0l f ill ,4-0.::".1:',tF 4 Y r-F 1,1 Mr 4 �., W Ag' ci J - a daer ? i . �t3i dy • Alt:-A `1 l.V i� I.ii,f F.1 .' i . ]. 1 1 -'# C 14,:: IV 7777-7 ,,,,n,: I .yY.l } ^ Y`V fii, ` J 1� 1 ` ..... -' -Cr X Denver CI .` r,Y � .�,- {y melropolrtan 3i I. \area ,4:47;,;“,,!;11,"y- ' 'F-� Z '•0 c L} 2 � ,t �,r ♦♦ Y��r�pp I� it iii�, i�a_� 33,✓F.t:jt . 'q.E:�� '-57 ctrl .- . i f Dot' > ii ,> ainr t N.A4l1� „� , , 'Pond,sc � ri ' � 13, f f 't"BCCH%h Ad r rte.�p. i rt(Z i. y Walef t. .`''y¢[j�'� ;,:if L n Y F f -"s{ F', lG°� Tici 4 V I.i ,i i Map scale i 0 20 mi Colorado uilk. ,. 1. Springs v,�* 0 10 '_0 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 strip•:>al lignite (defined as beds less than 200 ft in depth, shown in gray on map) in the Denvi r Formation, and coalfields where mines were active in the past (black). The basin margi is drawn at the base of the coal-bearing part of the Upper Cretaceous Laramie Fora.ati Modified from Landis (1959) and Kirkham and Lad wig (1979, 1!980). r USGS C.irot hers or on J Is stmtol - - -- .. .. . ..-�in the (cry b. r L' relun. c, C t+ CD S N Eocene (part) Dawson Arkose r;. . Paleocene Denver Formation Upper Arapahoe Formation Cretaceous (part) Laramie Formation Figure SD-3. Generalized stratigraphv 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 Sitter and Tschudy (19781 and Kiuth and Nelson (1988). ZUSGS Knelt M'•M•arny.wM a '40. ! ior. ads re-•e r: ?f=This 5gnd:W in the lo;b i r b rel u, F •T,; Dawson Arkose • Dawson Arkose A lignite bed Wolf bed a B lignite bbl _ C lignite bed ~� Comanche bed D lignite bed upper, middle, E lignite bed Denver and lower Denver Formation iiiowa beds Formation unnamed lignite beds TTTTTTis Bijou bed Scranton district Ramah-Fondis area Figure SD-I.Generalized stratigraphv 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. ZUSGS WOK,V Mancini.•.r, sae ail. . ,kJ< Ile:, n ;.i .,..,., ,en..,f I LFPIf •flW k,-- , ,: 41. v ilt I I i i1 I t ir I r J. I k I l Figure SD-5.. Lignite bed or the Denver F'ormntion in outi:r p in Big Gulch, Elbert County, Coloradrr, in the Eta nah-I ondir aree Vora prorniuent non-coal parting. rs'USGS 4 ,:a.=:::!.',7.`"-' 1 l LI ` f ,•, r .lf l5l - .l 4_ _I I tt. / I-. - I _- M • -- __ r.:1511— : -I - M'1'1' 'IT-1''IwNw4."'''''''':::::',:::::"41?.;.`;:?"th�i ut',.:,. . IA ` _ • • i• < , i a. `L J z • 1 •IN � l ! !• i Ir - • I II . _ •• I . I it .I il . wi Hello