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Home My WebLink About20260663 Resolution Approve Termination of Road Maintenance and Improvement Agreement According to Policy Regarding Collateral for Improvements for Use by Special Review Permit, USR-642 — BURNCO, LLC Whereas, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and Whereas, on January 23, 1985, the Board approved the application of Varra Companies, Inc., 2130 South 96th Street, Broomfield, Colorado 80020, for a Use by Special Review Permit, USR-642, for an open-cut wet gravel pit and asphalt mixing plant, on the following described real estate, being more particularly described as follows: Part of the E1/2 SW1/4 of Section 36, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado Whereas, on December 10, 1984, the Board of County Commissioners of Weld County, Colorado, approved a Road Maintenance and Improvement Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Varra Companies, Inc., with terms and conditions being as stated in said agreement, and Whereas, on March 2, 2026, the Board of County Commissioners approved the vacation of Use by Special Review Permit, USR-642; and Whereas, upon recommendation of staff, the Board deems it advisable to terminate the Road Maintenance and Improvement Agreement, approved on December 10, 1984. Now, therefore, be it resolved by the Board of County Commissioners of Weld County, Colorado, that the Road Maintenance and Improvement Agreement for Use by Special Review Permit, USR-642, be, and hereby is, terminated. The Board of County Commissioners of Weld County, Colorado, approved the above and foregoing Resolution, on motion duly made and seconded, by the following vote on the 23rd day of March, A.D., 2026: [Insert Resolution Attestation Block Post Meeting] 2026-0663 PL1023 MEMORANDUM �861 TO: Clerk to the Board 10/ q tr--- DATE: March 5, 2026 C . rFROM: Jazmyn Trujillo-Martinez, Planning Services Dept. COUNTY ' I SUBJECT: BOCC Agenda Item—Approve Termination of Road Maintenance and Improvements Agreement For: Margaret Vogl do Varra Companies, Inc. —USR-642 Request to Approve Termination of Road Maintenance Agreement: The Department of Planning Services received a request from the representative of BURNCO, LLC, requesting that the Board of County Commissioners consider approving the termination of the Road Maintenance and Improvement Agreement for(USR-642). The Road Maintenance Agreement was approved on December 10, 1984, and recorded as Reception 840885 and filed with the Clerk to the Boards Office as PL1023. This termination is a result of the approved vacation of USR-642 on March 2, 2026. Recommendation: The Departments of Planning Services, Public Works, and the County Attorney's Office are recommending approval of the termination of the Road Maintenance Agreement According To Policy for USR-642, and that this item be placed on the next regularly scheduled BOCC Hearing, as part of the Regular Agenda. cc: Dawn Anderson, Planning Services 2026-0663 °3/a3 P L ioa3 COPci RESOLUTION RE: APPROVAL OF ROAD MAINTENANCE AND IMPROVEMENT AGREEMENT WITH VARRA COMPANIES, INC. AND AUTHORIZE CHAIRMAN TO SIGN WHEREAS , the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners has been presented a Road Maintenance and Improvement Agreement between Weld County and Varra Companies, Inc. , and WHEREAS, the terms and conditions are as stated in the agreement, a copy being attached hereto and incorporated herein by reference, and WHEREAS, after study and review, the Board deems it advisable and in the best interests of the citizens of Weld County to approve said agreement. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Road Maintenance and Improvement Agreement between Weld County and Varra Companies, Inc. be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said agreement. 840885 /9 t13 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of December, A.D. , 1984 . � 4 BOARD OF COUNTY COMMISSIONERS ATTEST: """"� WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board Norman Carlson Chairman BYf� Xc� rL ue 'ne oh s n, ro-Tem Deputy County erk APPROVED AS TO FORM: a R. Bran er /12 eh c Carlson County Attorney / -)! z6014 S n T. Martin • COUNTY OF WELD, STATE OF COLORADO ROAD MAINTENANCE AND IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 10th day of December 1984, by and between the COUNTY OF WELD, STATE OF COLORADO, hereinafter called "County" and VARRA COMPANIES, INC. , hereinafter "Owner", and WHEREAS, the Owner has applied to the County for a Use by Special Review Permit, Case No. U.S.R. - 642:84:38, for an open-cut gravel pit located in the Eh5W; Section 36, Township 3 North, Range 68 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, the gravel pit will generate an increase in heavy truck traffic, and WHEREAS, the existing County roads that serve the gravel pit will require increased maintenance and improvements due to the increase in heavy truck traffic, and WHEREAS, the County and the Owner have reviewed the proposed maintenance and improvements conditions and acknowledge they will enhance the accessibility and safety of the roads that serve the gravel pit. NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth, the County and Owner mutually agree as follows : 1. The County roads that service the gravel pit are Weld County Road 26 from the point of ingress and egress east to Weld County Road 13 and Weld County Road 13 from Weld County Road 26 north approximately one-half mile to the Owner's plant facilities. This haul route restriction shall be posted by the Owner at the gravel pit exit, visible to all users . 2. No travel will be permitted west on Weld County Road 26. 3. The Owner agrees to improve the Weld County Road 26 portion of the designated haul route with six (6) inches of Class 6 aggregate base course. 4. The Owner agrees to adequately repair any damage on the entire haul route as described above that is created by heavy truck traffic hauling from the Owner's gravel pit. 5. The Owner will be responsible for providing adequate dust abatement along Weld County Road 26. 6. Should material be removed from the gravel pit over a period in excess of 75 calendar days in any given year, the Owner agrees to upgrade the haul route along Weld County Road 26 with asphalt pavement. The period of usage shall be from the first day of removal operations to the last day of removal operations inclusive. 7 . When reconstruction is required, the County will reimburse the Owner for the cost of AC-10 liquid asphalt for the manufacture of the hot bituminous pavement supplied by the Owner. The pavement section required will include Class 6 aggregate base course and Grading EX hot bituminous pavement as determined by testing of on site soil samples by the County. The width of pavement will be 24 feet. 8. All construction materials will be in accordance with the State Department of Highways , Division of Highways, State of Colorado Standards Specifi- cations for Road and Bridge Construction, 1981. IN WITNESS WHEREOF, the parties hereto have duly executed the agreement the day and year first above written. VARRA COMPANIES, INC. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO B Y: B Y: )29-fr,"-.4---- Chairman TITLE: ATTEST: �4 ADDRESS: ��O 5 -- 74 _ Weld County lerk and Recorder 4"/`"-°- and Clerk to the Board e06 a Deputy~� Resolution Approve Vacation, VAC25-0022, of Use by Special Review Permit, USR-642 — Margaret Vogl Whereas, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and Whereas, by Resolution dated January 23, 1985, the Board approved Use by Special Review Permit, USR-642, for an open-cut wet gravel pit and asphalt mixing plant in the A (Agricultural) Zone District for Varra Companies, Inc., on the following described real estate, to-wit: Part of the E1/2 SW1/4 of Section 36, Township 3 North, Range 68 West of the 6th P.M., Weld County, Colorado Whereas, the Board has received a request from the current property owner, Margaret Vogl, 11995 County Road 11 .25, Longmont, Colorado 80504, c/o BURNCO, LLC, represented by Mark Johnson, to vacate Use by Special Review Permit, USR-642, and Whereas, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the applicant and the recommendations of Department of Planning Services staff, and all of the exhibits and evidence presented in this matter, and having been fully informed, deems it advisable to approve said vacation. Now, therefore, be it resolved by the Board of County Commissioners of Weld County, Colorado, that Use by Special Review Permit, USR-642, be, and hereby is, vacated. The Board of County Commissioners of Weld County, Colorado, approved the above and foregoing Resolution, on motion duly made and seconded, by the following vote on the 2nd day of March, A.D., 2026: Scott K. James, Chair: Aye Jason S. Maxey, Pro-Tem: Aye �e7s, Perry L. Buck: Aye �,A Lynette Peppier: Aye r tett:412 Kevin D. Ross: Aye ,,,\tb U141V Approved as to Form: ..,,, Bruce Barker, County Attorney Attest: Esther E. Gesick, Clerk to the Board 2026-0446 PL1023 1861 ,1 1) r ' -- DEPARTMENT OF PLANNING SERVICES MEMORANDUM COUNTY . TO: Weld County Board of County Commissioners CASE: VAC25-0022 FROM: Molly Wright, Planner II SUBJECT: Complete Vacation of USR-642 HEARING DATE: March 2, 2026 APPLICANT: Margaret Vogl do Jerrilyn Stinar 11995 County Road 11 %, Longmont, CO 80504 LEGAL Part of the E2SW4 of Section 36, Township 3 North, Range 68 West of the 6th DESCRIPTION: P M., Weld County, Colorado LOCATION: North of and adjacent to County Road 26; approximately 0.50 miles west of Colorado Blvd (County Road 13) PARCEL NUMBERS: 1207-36-0-00-052 PARCEL SIZES: +/-+/-79.00 acres total ZONE DISTRICT: A(Agricultural) SUMMARY. The Department of Planning Services received a request from the property owners to vacate Use by Special Review USR-642. USR-642 was recorded on March 6, 1985, reception number 2001175 for a gravel mine. This Use by Special Review was never permitted with DRMS, nor was it ever mined. The Department of Planning Services is recommending approval of this vacation. 2026-0446 Vacation of USR-642 3/Z Pi_ I0Z3 August 20,2020 Weld County Planning Department 1555 N 17th Ave, Greeley,CO 80631 RE: USR-642 Vacation,related to the Vogl Gravel Mine,USR 0020-013 To Whom It May Concern: This letter is being drafted to satisfy the condition of approval to vacate USR-642 in-conjunction with filing for a new Use by Special Review Permit related to the proposed Vogl gravel mining operation(USR 0020-013). I represent the land owner and BURNCO and we wish to have USR-642 terminated. Sincerely, Mark Johnson Representative Please work with us on this. I've already spent an inordinate amount of time on this matter. Varra Companies permitted the property with the county under USR-642 in the 1980's, never permitted the property with DRMS, and never mined the property. BURNCO amended their DRMS permit M1998013 through amendment AM-03 in 2020 to add the property, never mined it,then did an acreage reduction in 2024 to remove the property from the DRMS permit. BURNCO's release approval from DRMS is attached. Eric Scott at DRMS can confirm that, 303-229-9414. Garrett and I are here if you need anything else from the operators that held the permits.We don't need to attend the hearing or have any other involvement. The landowners have signed the forms. Please vacate the permits. Please note Garrett's new email address is gcvarra@gmail.com. Thank you, Joel From: Molly Wright<mrwright@weld.gov> Sent:Tuesday,January 20, 2026 2:32 PM To:Joel Bolduc<Joel.Bolduc@burnco.com> Cc: Garrett Varra <gvarra@raptormaterialsllc.com> Subject: RE:VAC25-0018 and VAC25-0022 You don't often get email from mrwrightc weld.gov. Learn why this is important [EXTERNAL EMAIL] This email was sent from an entity outside of our organization. If the email sender's name resembles someone who works for our organization,this email should be deleted or reported via your PhishAlert button in Outlook. Good afternoon, Thank you for clarifying. Your email is used as the contact within VAC25-0022, therefore I was not sure. The application forms did not have any email addresses attached, which complicates scheduling hearings, etc. If you, or Garrett are the individual to contact for that information, then we will need the attached form filled out. Additionally, I do need documentation from DRMS showing that both USRs have been properly reclaimed. Best regards, Molly Wright COUNTY,CO Planner II Department of Planning Services 0 X 0 ® Q Desk: 970-400-3525 Join Our Team 1402 N. 17th Avenue, Greeley, CO 80632 2 IMPORTANT:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged,confidential or otherwise protected from disclosure.If you have received this communication in error,please immediately notify sender by return e-mail and destroy the communication.Any disclosure,copying,distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From:Joel Bolduc< -I.Bolduc@burnco.com> Sent:Tuesday,January 20, 2026 2:27 PM To: Molly Wright< rwright@weld.gov> Subject: RE: VAC25-0018 and VAC25-0022 This Message Is From an External Sender This email was sent by someone outside Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. I am the main contact in the sense that I know all the parties involved (landowners, USR-642 permit holder Varra, USR 20-0013 permit holder BURNCO). The landowner(s) signed both vacation forms (attached) on behalf of themselves. Is there something else that needs to be signed? Garrett Varra 720-272-2857, I believe Margaret Vogl is in her 90's. Margaret's daughter Jerrilyn Stinar, 720-251-5995. Mailing address is 11995 COUNTY ROAD 11 1/4, LONGMONT, CO 80504. Joel From: Molly Wright<mrwright@weld.gov> Sent:Tuesday, January 20, 2026 2:16 PM To:Joel Bolduc< 'LBO(' '.com> Subject: VAC25-0018 and VAC25-0022 You don't often get email from mrwright@weld.gov. Learn why this is important [EXTERNAL EMAIL] This email was sent from an entity outside of our organization. If the email sender's name resembles someone who works for our organization,this email should be deleted or reported via your PhishAlert button in Outlook. Good afternoon, Are you the main contact for the vacation of USR20-0013 and the vacation of USR-642, if so can you please submit an authorization form showing that you can sign on behalf of the property owners? If you are not the main contact, can you please provide an email for the property owners / main contact? Best regards, 3 Jessica Reid From: Molly Wright Sent: Wednesday, March 11, 2026 9:45 AM To: Jessica Reid Subject: FW:VAC25-0018 and VAC25-0022 Attachments: 2024 0131 DRMS Acreage Release-Stinar Vogl (Approval).pdf Please see the email below outlining the association of each entity with each case. As far as I know, Varra is associated with USR-642, but it does seem like a joint effort between the two in vacating these USRs. Best Regards, COUNTY,CO Molly Wright Planner II Department of Planning Services Desk: 970-400-3525 1402 N. 17th Avenue, Greeley, CO 80632 0x GOO Join Our Team IMPORTANT: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e- mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From:Joel Bolduc<Joel.Bolduc@burnco.com> Sent:Tuesday,January 20, 2026 3:36 PM To: Molly Wright<mrwright@weld.gov> Cc: Garrett Varra (gcvarra@gmail.com)<gcvarra@gmail.com> Subject: RE:VAC25-0018 and VAC25-0022 This Message Is From an External Sender This email was sent by someone outside Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Molly, uta, ,„, Molly Wright COUNTY,CO Planner II Department of Planning Services 011000 Desk: 970-400-3525 Join Our Team 1402 N. 17th Avenue, Greeley, CO 80632 IMPORTANT:This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged,confidential or otherwise protected from disclosure.If you have received this communication in error,please immediately notify sender by return e-mail and destroy the communication.Any disclosure,copying,distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 4 CCOLORADO 0 © Division of Reclamation, DNR Mining and Safety Department of Natural Resources January 31, 2024 Chris Oestreich BURNCO Colorado, LLC 10100 Dallas St Henderson,CO 80640 Re: The Shores-File No. M-1998-013 BURNCO Colorado,LLC Acreage Release Request(AR-1) Acreage Reduction for unmined permit area(area from AM3) Dear Chris Oestreich: On January 31, 2024 the Division of Reclamation,Mining and Safety concluded its review of the Acreage Release Request application submitted to the Division on January 11, 2024, addressing the following: Release of Permit Area incorporated under AM3 prior to mining activity. The decision reached by the Division is: Approve. Release all 140.7 acres incorporated by AM3 as unaffected. In accordance with Rule 4.17.2(5),the Division is required to wait thirty(30)days from this notice to allow for appeal of the Division's decision. Once this period closes, if no appeal is submitted,the Division's decision will be final. The permit area was reduced to 370.10 acres,through the release of-140.70 acres in this permit action. Because the permit is not totally released,you are still liable for filing annual reports and fees. Please submit a Technical Revision and update the mining and reclamation plan maps to depict the reduced permit area. Bond Held: $3,439,500.00 Prior Liability: $3,439,000.00 Change in Liability: $0.00 Revised Liability: $3,439,000.00 Prior Permit Acreage: 510.80 Change in Permit Acreage: -140.70 Revised Permit Acreage: 370.10 Prior Affected Acreage: 361.70 of CO ti,• t • v Physical Address: 1313 Sherman Street.Room 215.Denver,CO 80203 P 303.866.3567 F 303.832.8106 to Q Mailing Address:DBMS Room 215, 1001 E 62nd Ave,Denver,CO 80216 https://drms.colorado.gov/ Jared S.Polis,Governor I Dan Gibbs,Executive Director I Michael A.Cunningham,Acting Director ' '' /876 Change in Affected Acreage: 0.00_ Revised Affected Acreage: 361.70 If you have any questions,please contact me by telephone at(303)866-3567 x 8140, or by email at Eric.scott@state.co.us. Sincerely, 6r,i' jje— Eric C. Scott Environmental Protection Specialist Margaret Vogl Debra Stinar John Vogl Jerrilyn Stinar Thomas Stinar M-GR-04 Hello