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Home My WebLink About850845.tiff RESOLUTION RE: APPROVAL OF USE BY SPECIAL REVIEW FOR OPEN-CUT WET GRAVEL PIT AND ASPHALT MIXING PLANT - VARRA COMPANIES , INC. WHEREAS , the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners held a public hearing on the 23rd day of January, 1985 , at the hour of 2 :00 o'clock p.m. in the Chambers of the Board for the purpose of hearing the application of Varra Companies, Inc. , 2130 South 96th Street, Broomfield, Colorado 80020 , for a Use by Special Review for an open-cut wet gravel pit and asphalt mixing plant on the following described real estate, to-wit: Part of the E' SW4, Section 36 , Township 3 North, Range 68 West of the 6th P.M. , Weld County, Colorado WHEREAS, Section 24 . 4 . 2 of the Weld County Zoning Ordinance provides standards for review of said Use by Special Review, and WHEREAS, the Board of County Commissioners heard all of the testimony and statements of those present, has studied the request of the applicant and the recommendations of the Weld County Planning Commission and all of the exhibits and evidence presented in this matter and, having been fully informed, finds that this request shall be approved for the following reasons: 1 . The submitted materials are in compliance with the application requirements of Section 24 . 7 , 44. 1 , 44. 2 and 44 .3 of the Weld County Zoning Ordinance. 2. It is the opinion of the Board of County Commissioners that the applicant has shown compliance with Section 24 .4 . 2 of the Weld County Zoning Ordinance as follows: a. This request is in compliance with the Weld County Comprehensive Plan and the Weld County Extraction Plan, Mineral Resources, Volume II . The Weld County area in question is located in a resource conservation area. The Weld County Extraction Plan states that extraction shall be encouraged in resource conservation areas, as long as appropriate extraction standards are followed. The proposal is consistent with the Comprehensive Plan policies which allow uses of an industrial nature to occur 850845 PL1oa3 Page 2 RE: USR - VARRA COMPANIES where the resources are available (i.e. , sand and gravel operations as noted on pages 62-63 of the Comprehensive Plan) . b. The proposal is consistent with the intent of the Agricultural Zone District in that the proposed use does not interfere with other agricultural activities in the area or the County, and as a Use by Special Review the activity can take place in the district. c. The activities proposed will be compatible with existing agricultural and rural residential uses in the neighborhood, as well as with projected development in the future. d. The subject site is in a Flood Hazard Overlay District area. Operation Standards address this concern. e. Use by Special Review Operation and Design Standards provide adequate protection of the health, safety and welfare of the neighborhood and the County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for a Use by Special Review for an open-cut wet gravel pit and asphalt mixing plant on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 1 . The attached Standards for Use by Special Review be adopted and placed on the Use by Special Review plat prior to recording. 2 . No building or electrical permits shall be issued for the Use by Special Review Permit area until the plat has been delivered to the Department of Planning Services Office and compliance with Operation Standard #2 has been met. The prescribed Use by Special Review activity shall not occur and building or electrical permits shall not be issued until the Use by Special Review plat has been recorded in the office of the Weld County Clerk and Recorder. 3 . The applicant and/or operator shall be required to obtain all applicable building or electrical permits for Amended USR-642 :84 :38 . Page 3 RE: USR - VARRA COMPANIES 4 . The following note being placed on the Use by Special Review Permit plat: NOTE: The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation activites. Activities related to mining and reclamation are, therefore, under the jurisdiction of the Mined Land Reclamation Board; however, Weld County has jurisdiction of those matters outlined in the Operation Standards. 5 . Revised mylar plats shall be submitted to the Department of Planning Services showing all Amoco facilities and a two hundred foot buffer from said facilities. The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 23rd day of January, A.D. , 1985 . �1�,�t y BOARD OF COUNTY COMMISSIONERS • (ATTEST :"1 WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED and Clerk to the Board J ueline Johnson, Chairman $g; � ne R. Brantner�� em D puty County C rk APPROVED AS TO FORM: C. .L 1 l2a6C-e) _Go . Lacy C7 /ft County Attor ey ra Ya guch OPERATION STANDARDS Varra Companies, Inc. Amended USR-642 : 84 : 38 1 . The uses permitted on said described parcel shall be the extraction of sand and gravel and an asphalt mixing plant as described in the application materials on file with the Department of Planning Services. 2 . Petroleum products and compressed flammable gases are hazardous substances per CRS 29-22-107 (2) (a) . Prior to the issuance of building permits, the applicant shall provide a list of the maximum quantities of hazardous substances expected at the site and emergency phone numbers to the State Health Department - Division of Waste Management, the Weld County Emergency Response Coordinator, and the Longmont Fire Protection District. Evidence of this listing and emergency phone numbers shall be provided to the Department of Planning Services prior to the issuance of building permits. 3 . Portable fire extinguishers rated 2A 40 BC shall be provided at the truck loading area, near the burner end of the aggregate dryer and the mixing plant controls within easy reach of the plant operator. 4 . Vehicular traffic shall ingress and egress onto Weld County Road 26 as shown on the submitted Use by Special Review plat. Truck traffic from the Use by Special Review area shall not be allowed south and west of the point of ingress and egress on Weld County Road 26 . Haul routes shall be posted at the point of ingress and egress showing the direction of the haul route. 5 . The operator shall complete a road maintenance and improvements agreement with Weld County and upgrade Weld County Road 26 to the specifications outlined by the Board of County Commissioners prior to extraction of sand and gravel from the Use by Special Review area. 6 . The asphalt mixing plant shall be located no closer than one-fourth (1/4) mile to any residence on adjoining properties. 7 . The operator shall comply with the requirements of the Colorado Interstate Gas Company as outlined in a letter dated July 13 , 1984. 8 . The property owner(s) and/or operator shall apply for a well permit with the Division of Water Resources to comply with CRS 37-90-137 . Prior to extraction of sand and gravel, a copy of the well permit application shall be forwarded to the Department of Planning Services. 9. Water for dust control shall be obtained from a legal source with a senior water right which allows for dust control. 10 . The operator shall establish a minimum of two monitor wells within the perimeter of the Use by Special Review area to monitor the level of ground water on said site. 11 . The applicant shall obtain a N.P.D.E.S. Permit from the Water Quality Control Division of the Colorado State Health Department prior to discharge of any water into the St. Vrain Creek. A copy of the N.P.D.E.S. Permit shall be forwarded to the Department of Planning Services. 12 . All operations on said described parcel shall be in conformance with the Weld County Flood Hazard Regulations including: A. No fill, berms or stockpiles shall be placed in the one hundred year floodplain of St. Vrain Creek which would obstruct passage of flood flows; and B. All fuel tanks, septic tanks, temporary buildings , and any other hazardous items that might wash away during flooding shall be securely anchored and adequately flood-proofed to avoid creation of a health hazard. Following completion of mining, all temporary buildings shall be removed. 13 . The open-cut gravel operation shall comply with Section 44 .4 , Operation Policies. 14 . The applicant shall comply with the design standards for the Use by Special Review, Section 24 .5 et seq. , of the Weld County Zoning Ordinance. 15 . The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24 .6 et seq. , of the Weld County Zoning Ordinance. 16 . Representatives or members of the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the site at any reasonable time in order to insure the operations carried out on the site comply with the Operation Standards stated hereon and all applicable Weld County Regulations. 17 . The Use by Special Review area shall be limited to the plans shown hereon and governed by the Standards as stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Standards as shown or stated above shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 18 . The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners. HEARING CERTIFICATION DOCKET NO. 85-1 RE: USE BY SPECIAL REVIEW - OPEN-CUT WET GRAVEL PIT AND ASPHALT MIXING PLANT, VARRA COMPANIES, INC. A public hearing was conducted on January 23, 1985, at 2:00 P.M. , with the following present: Commissioner Jacqueline Johnson, Chairman (Excused) Commissioner Gene Brantner, Pro—Tem Commissioner C.W. Kirby Commissioner Gordon E.Lacy Commissioner Frank Yamaguchi Also present: Acting Clerk to the Board, Debbie Campbell Assistant County Attorney, Lee Morrison Planning Department representative, Michael Mullen The following business was transacted: I hereby certify that pursuant to a notice dated January 2, 1985, and duly published January 3, 1985, in the La Salle Leader, a public hearing was conducted to consider the application of Varra Companies, Inc. for a Use by Special Review for an open—cut wet gravel pit and asphalt mixing plant. Lee Morrison, Assistant County Attorney, read this application into the record. Chairman Pro—Tem Brantner stated that three favorable votes would be needed to approve this application. Michael Mullen, Planning Department representative, read the favorable recommendation of the Planning Commission for the record stating that there are 18 Operation Standards associated with the application. Gilbert Rindahl, representing Varra Companies, Inc. , came forward to further explain the application and to answer questions. After discussion concerning the use of County Roads, Commissioner Lacy moved to approve the application of Varra Companies, Inc. for a Use by Special Review for an open—cut wet gravel pit and asphalt mixing plant based upon the Planning staff recommendation with the conditions listed and the 18 Operation Standards. Commissioner Yamaguchi seconded the motion and it carried unanimously. APPROVED: BOARD OF COUNTY COMMISSIONERS ATTEST: (La Q1.CbL1 q WELD COUNTY, COLORADO Weld County erk and Recorder EXCUSED and Clerk to the Boar Jac line Johnson, Chairman b3 De uty County Cle ene R. Eran e C.W. rby n y � Frank ama c i TAPE #85-7 DOCKET #85-1 LHR 2227 ATTENDANCE RECORD TODAY ' S HEARINGS ARE AS FOLLOWS : DOCKET #85-1 - USR, Open-cut wet gravel pit and asphalt mixing plant DOCKET # DOCKET # PLEASE write or print legibly your - name, address and the DOC R (as Listed above) or the applicants name of the hearing you are attending. NAME ADDRESS HEARING ATTENDING --ba cc'nla '(�Q.� k IMnip- l4ie tyzgal/al 7 7JaeopA . t/ - ite (fat I a 3S- , So toil SditvaitA Fr- V, / o)(L%/rnr( itt c t, KeyyfcU 1 gs- / • 4 BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Lydia Dunbar that the following resolution be introduced for passage by the Weld County Planning Commission. Be it WWWW hir brtttw"Wgld County Planning Commission that the application for: liIr ''--17"r—771c7N CASE NUMBER: Amended USR-642:84:38 DEC 211984 I ` NAME: Varra Companies, Inc. U J ELEY. COLO. ADDRESS: 2130 South 96th Street, Broomfield, Colorado 8( € REQUEST: Amend a Use by Special Review Mining Permit to include an'Asphalt Mixing Plant LEGAL DESCRIPTION: Part of the Ell SW1, Section 36, T3N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 3.5 miles northwest of Firestone; west of Weld County Road 13 and north of Weld County Road 26 be recommended favorably to the Board of County Commissioners for the following reasons. 1. The submitted materials are in compliance with application requirements of Section 24.7, 44. 1, 44.2, and 44.3 of the Weld County Zoning Ordinance. 2. It is the opinion of the Weld County Planning Commission that the applicant has shown compliance with Section 24.3.1 et seq. of the Weld County Zoning Ordinance as follows: This request is in compliance with the Weld County Comprehensive Plan and the Weld County Extraction Plan, Mineral Resources, Volume II. The Weld County area in question is located in a resource conservation area. The Weld County Extraction Plan states that extraction shall be encouraged in resource conservation areas, as long as appropriate extraction standards are followed. The proposal is consistent with the Comprehensive Plan policies which allow uses of an industrial nature to occur where the resources are available (i.e. , sand and gravel operations as noted on pages 62-63 of the Comprehensive Plan) . The proposal is consistent with the intent of the Agricultural Zone District in that the proposed use does not interfere with other agricultural activities in the area or the County, and as a Use by Special Review the activity can take place in the district. Amend USR-642:84:38 Varra Companies, Inc. December 18, 1984 Page 2 - The activities proposed will be compatible with existing agricultural and rural residential uses in the neighborhood, as well as with projected development in the future. - The subject site is in a Flood Hazard Overlay District area. Operation Standards address this concern. - Use by Special Review Operation and Design Standards provide adequate protection of the health, safety and welfare of the neighborhood and the County. The Planning Commission's recommendation for approval is conditional upon the following: 1. The attached Standards for Use by Special Review be adopted and placed on the Use by Special Review plat prior to recording. 2. No building or electrical permits shall be issued for the Use by Special Review Permit area until the plat has been delivered to the Department of Planning Services office and compliance with Operation Standard #2 has been met. The prescribed Use by Special Review activity shall not occur and building or electrical permits shall not be issued until the Use by Special Review plat has been recorded in the office of the Weld County Clerk and Recorder. 3. The applicant and/or operator shall be required to obtain all applicable building or electrical permits for Amended USR-642:84:38. 4. The following note being placed on the Use by Special Review Permit plat: NOTE: The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation activites. Activities related to mining and reclamation are, therefore under the jurisdiction of the Mined Land Reclamation Board; however, Weld County has jurisdiction of those matters outlined in the Operation Standards. 5. Revised mylar plats shall be submitted to the Department of Planning Services showing all AMOCO facilities and a two hundred foot (200') buffer from said facilities. Amend USR-642:84:38 Varra Companies, Inc. December 18, 1984 Page 3 Motion seconded by: Doug Graff Vote: For Passage Against Passage Bill McMurray Paulette Weaver Doug Graff Lydia Dunbar Sharon Linhart Bob Ehrlich The Chairman declared the Resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Bobbie Good, Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on December 18, 1984, and recorded in Book IX of the proceedings of the said Planning Commission. Dated the 20th day of December, 1984. D etSas 0 0 Bobbie Good` Secretary OPERATION STANDARDS Varra Companies, Inc. Amended USR-642:84:38 1. The uses permitted on said described parcel shall be the extraction of sand and gravel and an asphalt mixing plant as described in the application materials on file with the Department of Planning Services. 2. Petroleum products and compressed flammable gases are hazardous substances per C.R.S. 29-22-107(2) (a) . Prior to the issuance of building permits the applicant shall provide a list of the maximum quantities of hazardous substances expected at the site and emergency phone numbers to the State Health Department - Division of Waste Management, the Weld County Emergency Response Coordinator, and the Longmont Fire Protection District. Evidence of this listing and emergency phone numbers shall be provided to the Department of Planning Services prior to the issuance of building permits. 3. Portable fire extinguishers rated 2A 40 BC shall be provided at the truck loading area, near the burner end of the aggregate dryer and the mixing plant controls within easy reach of the plant operator. 4. Vehicular traffic shall ingress and egress onto Weld County Road 26 as shown on the submitted Use by Special Review plat. Truck traffice from the Use by Special Review area shall not be allowed south and west of the point of ingress and egress on Weld County Road 26. Haul routes shall be posted at the point of ingress and egress showing the direction of the haul route. 5. The operator shall complete a road maintenance and improvements agreement with Weld County, and upgrade Weld County Road 26 to the specifications outlined by the Board of County Commissioners prior to extraction of sand and gravel from the Use by Special Review area. 6. The asphalt mixing plant shall be located no closer than one-fourth (1/4) mile to any residence on adjoining properties. 7. The operator shall comply with the requirements of the Colorado Interstate Gas Company as outlined in a letter dated July 13, 1984. 8. The property owner(s) and/or operator shall apply for a well permit with the Division of Water Resources to comply with CRS 37-90-137. Prior to extraction of sand and gravel, a copy of the well permit application shall be forwarded to the Department of Planning Services. 9. Water for dust control shall be obtained from a legal source with a senior water right which allows for dust control. Operation Standards Amended USR-642:84:38 Varra Companies, Inc. December 18, 1984 Page 2 10. The operator shall establish a minimum of two (2) monitor wells within the perimeter of the Use by Special Review area to monitor the level of ground water on said site. 11. The applicant shall obtain a N.P.D.E.S. Permit from the Water Quality Control Division of the Colorado State Health Department prior to discharge of any water into the St. Vrain Creek. A copy of the N.P.D.E.S. Permit shall be forwarded to the Department of Planning Services. 12. All operations on said described parcel shall be in conformance with the Weld County Flood Hazard Regulations including: A. No fill, berms or stockpiles shall be placed in the one hundred (100) year floodplain of St. Vrain Creek which would obstruct passage of flood flows; and B. All fuel tanks, septic tanks, temporary buildings, and any other hazardous items that might wash away during flooding shall be securely anchored and adequately flood-proofed to avoid creation of a health hazard. Following completion of mining, all temporary buildings shall be removed. 13. The open-cut gravel operation shall comply with Section 44.4, Operation Policies. 14. The applicant shall comply with the design standards for the Use by Special Review, Section 24.5 et seq. , of the Weld County Zoning Ordinance. 15. The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24.6 et seq. , of the Weld County Zoning Ordinance. 16. Representatives or members of the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the site at any reasonable time in order to insure the operations carried out on the site comply with the Operation Standards stated hereon and all applicable Weld County Regulations. Operation Standards Amended USR-642:84:38 Varra Companies, Inc. Page 3 17. The Use by Special Review area shall be limited to the plans shown hereon and governed by the Standards as stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Standards as shown or stated above shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 18. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners. ADDITIONAL COMMENTS VARRA PIT #5 Amended USR-642:84:38 USR-642 for Varra Pit #5 was approved by the Weld County Planning Commission on August 7, 1984. The Board of County Commissioners have not reviewed this case. Varra Companies is resubmitting USR-642 to include an asphalt mixing plant on the seventy (70) acre site. The Board of County Commissioners have approved a Road Maintenance and Improvements Agreement for USR-642 as of December 10, 1984. Concerns expressed at the August 7, 1984, Planning Commission meeting have been incorporated in the Conditions for Approval as well as in the Operation Standards. Date: December 18, 1984 CASE NUMBER: Amended USR-642:84:38 NAME: Varra Companies, Inc. ADDRESS: 2130 South 96th Street, Broomfield, Colorado 8002.0 REQUEST: Amend a Use by Special Review Mining Permit to include an Asphalt Mixing Plant LEGAL DESCRIPTION: Part of the Ek SW1, Section 36, T3N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 3.5 miles northwest of Firestone; west of Weld County Road 13 and north of Weld County Road 26 THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with application requirements of Section 24.7, 44. 1, 44.2, and 44.3 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services staff that the applicant has shown compliance with Section 24.3. 1 et seq. of the Weld County Zoning Ordinance as follows: This request is in compliance with the Weld County Comprehensive Plan and the Weld County Extraction Plan, Mineral Resources, Volume II. The Weld County area in question is located in a resource conservation area. The Weld County Extraction Plan states that extraction shall be encouraged in resource conservation areas, as long as appropriate extraction standards are followed. The proposal is consistent with the Comprehensive Plan policies which allow uses of an industrial nature to occur where the resources are available (i.e. , sand and gravel operations as noted on pages 62-63 of the Comprehensive Plan) . - The proposal is consistent with the intent of the Agricultural Zone District in that the proposed use does not interfere with other agricultural activities in the area or the County, and as a Use by Special Review the activity can take place in the district. - The activities proposed will be compatible with existing agricultural and rural residential uses in the neighborhood, as well as with projected development in the future. - The subject site is, in a Flood Hazard Overlay District area. Operation Standards address this concern. - Use by Special Review Operation and Design Standards provide adequate protection of the health, safety and welfare of the neighborhood and the County. Amend USR-642:84:38 Varra Companies, Inc. December 18, 1984 Page 2 The Department of Planning Services staff recommendation for approval is conditional upon the following: 1. The attached Standards for Use by Special Review be adopted and placed on the Use by Special Review plat prior to recording. 2. No building or electrical permits shall be issued for the Use by Special Review Permit area until the plat has been delivered to the Department of Planning Services office and compliance with Operation Standard #2 has been met. The prescribed Use by Special Review activity shall not occur and building or electrical permits shall not be issued until the Use by Special Review plat has been recorded in the office of the Weld County Clerk and Recorder. 3. The applicant and/or operator shall be required to obtain all applicable building or electrical permits for Amended USR-642:84:38. 4. The following note being placed on the Use by Special Review Permit plat: NOTE: The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation activites. Activities related to mining and reclamation are, therefore under the jurisdiction of the Mined Land Reclamation Board; however, Weld County has jurisdiction of those matters outlined in the Operation Standards. 5. Revised mylar plats shall be submitted to the Department of Planning Services showing all AMOCO facilities and a two hundred foot (200') buffer from said earet-reet—i-ee—sIts. OPERATION STANDARDS Varra Companies, Inc. Amended USR-642:84:38 1. The uses permitted on said described parcel shall be the extraction of sand and gravel and an asphalt mixing plant as described in the application materials on file with the Department of Planning Services. 2. Petroleum products and compressed flammable gases are hazardous substances per C.R.S. 29-22-107(2) (a) . Prior to the issuance of building permits the applicant shall provide a list of the maximum quantities of hazardous substances expected at the site and emergency phone numbers to the State Health Department - Division of Waste Management, the Weld County Emergency Response Coordinator, and the Longmont Fire Protection District. Evidence of this listing and emergency phone numbers shall be provided to the Department of Planning Services prior to the issuance of building permits. 3. Portable fire extinguishers rated 2A 40 BC shall be provided at the truck loading area, near the burner end of the aggregate dryer and the mixing plant controls within easy reach of the plant operator. 4. Vehicular traffic shall ingress and egress onto Weld County Road 26 as shown on the submitted Use by Special Review plat. Truck traffice from the Use by Special Review area shall not be allowed south and west of the point of ingress and egress on Weld County Road 26. Haul routes shall be posted at the point of ingress and egress showing the direction of the haul route. 5. The operator shall complete a road maintenance and improvements agreement with Weld County, and upgrade Weld County Road 26 to the specifications outlined by the Board of County Commissioners prior to extraction of sand and gravel from the Use by Special Review area. 6. The asphalt mixing plant shall be located no closer than one—fourth (1/4) mile to any residence on adjoining properties. 7. The operator shall comply with the requirements of the Colorado Interstate Gas Company as outlined in a letter dated July 13, 1984. 8. The property owner(s) and/or operator shall apply for a well permit with the Division of Water Resources to comply with CRS 37-90-137. Prior to extraction of sand and gravel, a copy of the well permit application shall be forwarded to the Department of Planning Services. 9. Water for dust control shall be obtained from a legal source with a senior water right which allows for dust control. Operation Standards Amended USR-642:84:38 Varra Companies, Inc. December 18, 1984 Page 2 10. The operator shall establish a minimum of two (2) monitor wells within the perimeter of the Use by Special Review area to monitor the level of ground water on said site. 11. The applicant shall obtain a N.P.D.E.S. Permit from the Water Quality Control Division of the Colorado State Health Department prior to discharge of any water into the St. Vrain Creek. A copy of the N.P.D.E.S. Permit shall be forwarded to the Department of Planning Services. 12. All operations on said described parcel shall be in conformance with the Weld County Flood Hazard Regulations including: A. No fill, berms or stockpiles shall be placed in the one hundred (100) year floodplain of St. Vrain Creek which would obstruct passage of flood flows; and B. All fuel tanks, septic tanks, temporary buildings, and any other hazardous items that might wash away during flooding shall be securely anchored and adequately flood-proofed to avoid creation of a health hazard. Following completion of mining, all temporary buildings shall be removed. 13. The open-cut gravel operation shall comply with Section 44.4, Operation Policies. 14. The applicant shall comply with the design standards for the Use by Special Review, Section 24.5 et seq. , of the Weld County Zoning Ordinance. 15. The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24.6 et seq. , of the Weld County Zoning Ordinance. 16. Representatives or members of the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the site at any reasonable time in order to insure the operations carried out on the site comply with the Operation Standards stated hereon and all applicable Weld County Regulations. Operation Standards Amended USR-642:84:38 Varra Companies, Inc. Page 3 17. The Use by Special Review area shall be limited to the plans shown hereon and governed by the Standards as stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Standards as shown or stated above shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 18. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners. ADDITIONAL COMMENTS VARRA PIT #5 Amended USR-642:84:38 USR-642 for Varra Pit #5 was approved by the Weld County Planning Commission on August 7, 1984. The Board of County Commissioners have not reviewed this case. Varra Companies is resubmitting USR-642 to include an asphalt mixing plant on the seventy (70) acre site. The Board of County Commissioners have approved a Road Maintenance and Improvements Agreement for USR-642 as of December 10, 1984. Concerns expressed at the August 7, 1984, Planning Commission meeting have been incorporated in the Conditions for Approval as well as in the Operation Standards. NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the Use by Special Review are requested to attend and may be heard. BE IT ALSO KNOWN that the text and maps so certified by the Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. APPLICANT DOCKET NO. 85-1 Varra Companies, Inc. 2130 South 96th Street Broomfield, Colorado 80020 DATE: January 23 , 1985 TIME: 2 :00 P.M. REQUEST: Use by Special Review - Open-cut wet gravel pit and asphalt mixing plant LEGAL DESCRIPTION: Part of the Ek SW1, Section 36 , Township 3 North, Range 68 West of the 6th P.M. , Weld County, Colorado BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff, Deputy DATED: January 2 , 1985 PUBLISHED: January 3 , 1985 , in the La Salle Leader <2 7 F. . Affidavit of Publication l Pursuant to the zoning law%of the STATE CF COLOR/:4C. 1 51. State of Colorado and the Weld County Zoning Ordinance,a public County e! Weld. ) hearing will be held,n the Chem- ,hers of .the Board of County.. • n� Commissioners of Weld County, Pa U L Ma s ev of Colorado, Weld County centennial I. Center,915 10th Street,First Floor, Greeley, Colorado, at the time said County of Weld, being duly sworn. soy that specified. All 'persons in any I am publisher at manner interested in the Use by Special Review are requested to La Gall p Loader attend and may be heard. BE IT ALSO KNOWN that the text that the same is ¢ weekly newspaper of general and maps so certified.by the Weld c•.YTticnon cad printed and pubis-shed in the County Planning Commission may be examined in the office of.the La Sall() to the Board.of County lawn of Commissioners,tarsiers in the Weld in said county and state: that the notice Cr adeeF County.Centennial.Center,915 10th Street, Third Floor, Greeley, liniment. at which minuetsthminuetsis a true roFY• Colorado. has been published in sand w_^l.ty newspaper e APPLICANT far — One 7+76.4[ '>d.JIgF vnrra Corripanies,Inc 2130 South 96th Street weec5; that the e:^.:ice was PLLhl>shsd in theBroomfield,Colorado 80020 reg ular and enure tau. Cf every number el said DP.:KET NO is newspaper dung the period and time c! milli- canon et said notice and, in the newspaper Date: January 23, 1985 p Wiper and not in a suppleanent thereat: that the urdE 2 00 P M: tint publication at said notice was cnnteined in REQUEST: Use by Special the issue of said, ntwapc:per becrine date. tY Review-Open-cut wet gravel pit and 3 e asphalt mixing plant. ate, °{ January „_ ;,.:,., Id and the last puhiiGasen ti:eerat, In Ihg issue at LEGAL DESCRIPTION: Part of '} the E•,SW' Section 36,Township Sara,newspaper bearing date, the. �?-�� day G! the North, Range 68 West of the 6th P.M., weld County,Colorado. .T9nUa L•O , I?L:[; that the said BOARD OF COUNTY COMMf5SI51ONE RS,WELD La e`^1T 2 n L Rion. COUNTY,COLORADO has been published continuously and unintertupt' BY:MARY ANN FEUERSTEIN COUNTY CLERK AND edly during the period of at least fit:ytw0 can. RECORDER AND CLERK secutsva weeks nett prior !o the first issue thereat TO THE BOARD containing said notice or advertisement above BY:Mary Rein, referred tc: and that said newspaper was at the Deputy time id each of the publications of said notice. DATED January 2.'.1985 daft qualified for that purpose within the mean PUBLISHED', January:3, 1985 in in; of on Co. entitled. "An Act C°neerring Legal the La Salle Leader , Notice.. Advertisements and Publications. cnd Published in the La Salle Leader, Lie Fees of Printers and ?.icks:len thereat. and Thursday, January 3, 1985. to Repeal ail Acts and Parts of Acts in Conflict • with the Provisions of this Act." approved April 7. 15P.. and all amendments thereat, cad portico. !arty a3 amended by on art a craved. March f0. 1533 . ae/\ed approved 'Aa l3, 1531. • • rublisber Subscrired and sworn tc before me this• /% " -dam My corn..usic:r eap:rea Notary ?lactic ELIZABETH MASSEY 22019 W.C.RID• 54 GREELEY CO K3' AFFIDAVIT OF PUBLICATION LONGMONT DAILY TIMES-CALL State of Colorado County of Boulder • Roger L. Morris NOTICE d0 Pursuant to the zoning laws of the State of Colora- do and the Weld County.Zoning Ordinance,a public solemnly swear that the LONGMONT DAILY TIMES-CALL is a hearing will be held in the Chambers of the Board Colors- daily newspaper printed, in whole or in part, and published in dCounty w dCc County Centennial ioners of e1Ce ter. 915d County. ol10tth the City of Longmont, County of Boulder, State of Colorado, Street. First Floor.Greeley.Colorado.at the time gm specified.All persons In any manner Interested In and which has general circulation therein and inparts of Boulder the Use by Special Review fife requested to attend and maybe heard, and Weld Counties; that said newspaper has been continuously mEed ALSO KNOWN WeldNComy-ePl texat Commssion and uninterruptedly published for a period of more than six months may of examined County Commissioners'located he Clerk to the next prior to the first publication of the annexed legal notice Weld,County Centennial Center. 915 10th Street. Third Floor.Greeley.Colorado, of advertisement, that said newspaper has been admitted to the DOCKET NO.85.1 APPLICANT United States mails as second-class matter under the provisions ' Varra Companies.Inc. • of the Act of March 3, 1879, or any amendments thereof, and 2130 South 96th Street • Broomfield.Colorado 80020 that said newspaper is a daily newspaper qualified for publishing - DATE January 23.1985 duly TIME':2:00 P.M. legal notices and advertisements within the meaning of the laws REQUEST.Use by Special Review—Open-cut wet gravel pit and asphalt mixing plant of the State of Colorado; that copies of each number of said LEGAL DESCRIPTION:Part of the Elk.SW'G.Sec- tion 38.Township3 North.Range 88 West of the 6th newspaper, in which said notice or advertisement was published, P.M..Weld County.Colorado BOARD OF COUNTY COMMISSIONERS I, were transmitted by mail or carrier to each of the subscribers WELD COUNTY,COLORADO BY:MARY ANN FEUERSTEIN of said newspaper, according to the accustomed mode of business COUNTY CLERK AND RECORDER '. AND CLERK TO THE BOARD in this office. BY:Mary Reiff.Deputy Published in the Daily Times-Call.Longmont.Colo. That the annexed legal notice or advertisement was published Jan.T 1985 in the regular and entire editions of said daily newspaper L,,...T, each Week on-the-same.day_-of each--week for the period of 1 consecutive insertions; and that the first publication of said notice January 7 was in the issue of said newspaper dated 19 85 and that the last publication of said notice was in the issue of said newspaper dated ..J/a ua rY 7 1985 /Assistant Business Manager Subscribed and sworn to before me this 7th day of January 19 85 cs FEE $ 18. 00 1-1300-02 NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the Use by Special Review are requested to attend and may be heard. BE IT ALSO KNOWN that the text and maps so certified by the 'Weld County Planning Commission may be examined in the office of the Clerk to the Board of County Commissioners , located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. APPLICANT DOCKET NO. 85-1 Varra Companies , Inc. 2130 South 96th Street Broomfield, Colorado 80020 23 DATE: January .1-6 , 1985 TIME: 2 :00 P.M. REQUEST: Use by Special Review - Open-cut wet gravel pit and asphalt mixing plant LEGAL DESCRIPTION: Part of the Eh SW4, Section 36 , Township 3 North, Range 68 West of the 6th P.M. , Weld County, Colorado BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: MARY ANN FEUERSTEIN COUNTY CLERK AND RECORDER AND CLERK TO THE BOARD BY: Mary Reiff , Deputy DATED: January 2 , 1985 PUBLISHED: January 3 , 1985 , in the La Salle Leader �F ya .7« 1< dyy 1 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING December 18, 1984 A regular meeting of the Weld County Planning Commission was held on December 18, 1984, at 1:30 p.m. in the County Commissioners; Hearing Room, 915 Tenth Street, Greeley, Colorado. The meeting was called to order by the chairman, Bob Ehrlich. Tape 189 - Side 1 ROLL CALL Lydia Dunbar Present Doug Graff Present Paulette Weaver Present Stephen Hamilton Absent - Called in Bill McMurray Present Jack Holman Absent - Called in Louis Rademacher Absent - Called in Sharon Linhart Present Bob Ehrlich Present Also present: James Mayerl, Current Planner, Lee Morrison, Assistant County Attorney and Bobbie Good, Secretary. A quorum was present. The summary of the last regular meeting of the Weld County Planning Commission meeting held on December 4, 1984, was approved as distributed. CASE NUMBER: Amend USR-642:83:38 —j' APPLICANT: Varra Companies, Inc. REQUEST: Amend Use by Special Review Mining Permit to include an Asphalt Mixing Plant LEGAL DESCRIPTION: Part of the E' SW1, Section 36, T3N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 3.5 miles northwest of Firestone; west of Weld County Road 13 and north of Weld County Road 26 APPEARANCE: Gilbert F. Rindahl, P.E. , Rindahl & Associates, represented the applicant. He stated this request is to amend USR-624:83:38 to include an asphalt mixing plant. This request will not increase traffic. The original request has not gone before the Board of County Commissioners yet and he appreciates being able to amend the original request before it is acted on by the Board. The applicants intended their original application to include a mixing plant and due to a misunderstanding on his part this was not included. He stated Summary of the Weld County Planning Commission Meeting December 18, 1984 Page 2 he has read the recommendations, conditions and operation standards as outlined by the Department of Planning Services staff and he has no objections to anything as stated with the exception of condition number five. He asked the words extraction site be stricken and the word facilities be inserted in their place. Asphalt is a product that must be used almost immediately upon mixing. Therefore the use of this product will have to be within a ten to fifteen mile area. The Chairman called for discussion from the members of the audience. There was none. The Chairman asked that reading of the recommendations, conditions, and operation standards, as outlined by the Department of Planning Services staff be dispensed with and that they be filed with the summary as a permanent record of these proceedings. MOTION: Lydia Dunbar moved Case Number Amend USR-642:83:38 for Varra Companies, Inc. , to include an asphalt mixing plant be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval and that condition number five he amended to read: "Revised mylar plats shall be submitted to the Department of Planning Services showing all AMOCO facilites and a two hundred foot (200') buffer from said facilities. Motion seconded by Doug Graff. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Bill McMurray - yes; Paulette Weaver - yes; Doug Graff - yes; Lydia Dunbar - yes; Sharon Linhart - yes; Bob Ehrlich - yes. Motion carried unanimously. CASE NUMBER: Z-414:84: 15 APPLICANT: Martin Estates REQUEST: A Change of Zone from Agricultural to Planned Unit Development LEGAL DESCRIPTION: Part of the S1, Section 12, TIN, R66W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately three (3) miles southeast of Fort Lupton; west of Weld County Road 37 and north of Weld County Road 10 LAND-USE APPLICATION SUMMARY SHEET Date: December 18, 1984 CASE NUMBER: Amended USR-642:84:38 NAME: Varra Companies, Inc. ADDRESS: 2130 South 96th Street, Broomfield, Colorado 80020 REQUEST: Amend a Use by Special Review Mining Permit to include an Asphalt Mixing Plant LEGAL DESCRIPTION: Part of the VI SW4, Section 36, T3N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 3.5 miles northwest of Firestone; west of Weld County Road 13 and north of Weld County Road 16 SIZE OF PARCEL: 70 acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of a Use by Special Review application for a Mining Permit are listed under Section 24.3 and Section 44 of the Weld County Zoning Ordinance. Extraction of a valuable mineral resource, such as sand and gravel, should be a priority before urbanization occurs on the land. This has been a policy of Weld County since the adoption of the Comprehensive Plan and the Mineral Resource Study, Volume II. USR-642 for Varra Pit #5 was approved by the Weld County Planning Commission on August 7, 1984. The Board of County Commissioners have not reviewed this case. Varra Companies is resubmitting USR-642 to include an asphalt mixing plant on the 70 acre site. The Board of County Commissioners have approved a Road Maintenance and Improvements Agreement for USR-642 as of December 10, 1984. Concerns expressed at the August 7, 1984 Planning Commission Meeting have been incorporated in the Conditions for Approval as well as in the Operation Standards. The Department of Planning Services has not received any objections from surrounding property owners concerning this proposed addition The Longmont Fire Protection Dsitrict has requested that portable fire extinguishers be located near the asphalt Mixing Plant. An Operation Standard will address this issue. MSM:rjg g FIELD CHECK FILING NUMBER: Amend USR-642:84:38 DATE OF INSPECTION: December 6, 1984 NAME: Varra Companies, Inc. , Pit #5 REQUEST: Amended Use by Special Review Mining Permit to include an Asphalt Mixing Plant. LEGAL DESCRIPTION: Part of the Ell SWk Section 36, T3N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 3.5 miles northwest of Firestone; west of Weld County Road 13 and north of Weld County Road 26 LAND USE: N St. Vrain River, bluff area, irrigated cropland (corn) , B & B Hog Farm and Barnes Cattle Company, pasture E Irrigated cropland, farm residence, farm residence to southeast S Weld County Road 26, irrigated cropland (alfalfa, corn, hay) , TJ Dairy, farm residence W Irrigated cropland, flood plain pasture ZONING: N Agricultural E Agricultural S Agricultural W Agricultural COMMENTS: The subject site is 70 acres of flood plain pasture and cropland. Approximately 35% of the site is under cultivation. Access to the site is by way of an Amoco access easement from Weld County Road 26, a gravel road. Three ditches are located within the proposed sand and gravel extraction area. The northwestern corner of the proposed extraction area has an extensive cover of mature cottonwood trees. A tank battery, gas metering station, oil well, and heater-treater-separator are located along the western boundary of the subject site. Fifteen (15) residences are located within a one-half ('I) mile radius of the 70 acre site. By: Michael S. Mullen Current Planner 55 i o .: 'f -\l- - - y ]• •' •L• 11 • ;v.a v ; . s: F. . • '.i. •: ••; I! \° ! •i •!. . 0, ••.wen• ----- . 'I� - ,l � � ' s• lay • ••ix T,� f+I] �, • • ,I I : .E•p°] x •• e • • • I••]� • A ;customs (r�i I I g• .._ _m ' •Ttt —'� 4,, • • • • •I I •wig'• , 11 • . �. ��••ti• It�� • 1 , , I „I •- II rs 7 I Pr, vaseut2 • .I _ a, 1, a • 1 • •.••• ._ - 'r M'I I A `; - ? ••• •�a.\ er • `•' I II- .•. �• I I!I I N I ° s I\ 1 Il I\ "• I• 3 Il'"-N---7.-'1,$“--&/-T,159 • • zx `'•1 x] \ aV �T • \ xx I z] a.O.- za • xo u qII. 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C.Jay Silvernale Bruce G.Rindahl Rindahl&Associates • 2305 S.Syracuse Way • Suite 217 • Denver,CO 80231 • 1303) 696-6846 November 9, 1984 Weld County Department of Planning Services 915 10th Street Greeley, Colorado 80631 Gentlemen: Varra Companies, Inc. respectfully requests favorable consi- deration for approval of an amendment to the use by special review, USR 642:84:38 of an application for mining sand and gravel in Section 36, Township 3 North, Range 68 West. This amendment will include the addition of an asphalt plant to the crushing plant contained in the original submittal. The following statements correspond to the Weld County Procedural Guide for use by Special Review. a. The proposed mining operation is consistent with the Weld County Comprehensive Plan in that gravel mining is economi- cally feasible. The "Map showing potential causes of gravel and crushed-rock aggregate, in the Boulder-Ft. Collins- Greeley area, Front Range Urban Corridor, Colorado," by Roger B. Colton and Harold R. Fitch published by the Department of Interior, United States Geological Survey prepared in coop- eration with the Colorado Geological Survey describes the area as: GRAVEL DEPOSITS UNDERLYING TERRACES AND FLOOD PLAINS - Pebbles generally well rounded, unweathered; deposits contain little deleterious "lime" (CaCO ). Lithologic composition reflects bedrock in source areas along Boulder Creek, St. Vrain Creek, Lefthand Creek, the Little and Big Thompson Rivers, and the Cache La Poudre River; clasts are composed chiefly of quartzite, granite, gneiss, and pegmatite. Few or no reactive constituents. Source of best quality gravel for concrete aggregate and road metal. �w • Engineering&Environmental Services "\�' Weld County Department of Planning Services November 9, 1984 Page Two b. The proposed mining is consistent with the intent of the district in that there is current mining on nearby property to the northeast. c. The use will be compatible with surrounding land uses which include rangeland, agricultural land and gravel pits. Active gravel mines are located with one-half mile of this project. d. Future uses would be limited to those which could be compa- tible with a flood hazard zone, i.e., agriculture, wildlife, open space or mining. e. The mining complies with the overlay Flood Hazard Zone as a use by special review. f. The use is proposed in the "A" District . The type of soil, the high water table, and the Flood Hazard overlay zone make the property a marginally productive agricultural land. g. The distance from the nearest inhabitant is such that there will be no concern for health, safety and welfare of the inhabitants of the neighborhood and the County. Detailed Description of Proposed Operation a. Type of use - gravel mining. b. Nearest residential structure is approximately 500 feet and is owned by the lessor. c. Plan of operation for the plant calls for one shift per day, five days per week. Occasionally, during peak construction season, the plant may work 6 days per week. d. The maximum number of workers on site is estimated at twelve. e. Not listed. f. Animals are not a part of this use and none are expected to be on site. g. Temporary structures on site will be an office, guard trailer, a scale house, a screening, crushing and gravel wash plant, and an asphalt mixing plant . Weld County Department of Planning Services November 9, 1984 Page Three h. Truck traffic generated by the operation will be approxi- mately 40 trips per day. Trucks will be 25 ton belly and end dump trucks. The majority pit traffic (90%) will be east on Weld County Road 26, north on Weld County Road 13, and east to the existing gravel pit . A smaller amount of traffic (10%) will travel on Weld County Road 26, west on Weld County Road 24-1/2, south on Weld County Road 11 , west on Weld County Road 24 to I-25. i. Domestic sewage will be "Jiffy Johns" or similar. j. Stockpile will cover approximately 1-1/2 acre. Overburden stockpiles will be temporary since the material will be replaced as the mining progresses. Gravel will be an operational stockpile only to stay ahead of the demand. k. There will be no debris connected with this operation. 1. Total time for mining is estimated to be four years. Please refer to the mining plan in the application booklet. m. The area landscape plan is contained in the reclamation plan in the application booklet. n. Reclamation will consist of reseeding the shoreline as mining progresses from north to south. Native grasses will be planted to return the land to a naturally vegetated area around the pond. See application booklet for further details. o. Fire protection will be on site with tanker trucks used for dust suppression and fire extinguishers at each equipment location. p. All plant equipment is portable and will be protected so that it will not impede flood waters nor will it allow any debris to float away . Sincerely, RIND 6 ASSOCIAT 5 INC. i t F. Rindahl, P.E. President GFR/jd/40 File No. 84-0501 Attachment WELD COUNTY, COLORADO SPECIAL USE APPLICATION For OPEN CUT MINE PERMIT (gravel pits, etc. ) Weld County Department of Planning Services 915 - 10th Street, Greeley, CO Phone 356-4000 EXT 400 For Department of Planning Services Use Only Case Number: Date Application Received:_ PC Hearing Date: Section: , Township: North, Range: West Zoning District: Recording Fee: Permit Fee: Recording Fee Receipt #: Receipt Number: Application Reviewed By a, • To Be Completed by APPLICANT In Accordance With Procedural Guide Requirements : 1. I (we) , the undersigned, hereby request a hearing before the Weld County Planning Commission concerning a proposed Open Cut Gravel (gravel, coal, borrow pit, etc.) mining operation for the following described unincorporated area of Weld County: LEGAL DESCRIPTION: i nratcari within thn F 1,/7 SW 1/!1 pf geCtiin 1A, Tnv reship 3 North, Range 68 West, Weld County, Colorado. • TOTAL ACREAGE: 70 2. Surface owner(s) of area of land described Name: Richard Vogl Address : 7250 Weld County Rd. gone; 776-1045 Name: Maripret ungl Address : 7750 WeL-i rnunrty Rd_ Phone: 776-104 26 3. Owner(s) of mineral rights to substance to be mined Name: Richard VQgi Address: 7250 Weld f niint y Rd done : 77h-1f1L5 Name: Margaret Vogl Address : 7250 Weld County Rd. 26 one: 77A-la A5 4. Source of applicants Legal Right to enter and to mine on the land described: Notarized statement (Attach Certified Copy of any Document noted to the Back of This Form 5. Address of applicant and general office Applicants address: 2130 Sn_ 9Ath St Rrnnmflelrj Phone: AAA_AAS7 General Office address: 7130 cn 9Atb ct Brvamfinld Phones 666 66.:7 6. Identify any prior permits for open cut mining held by applicant or affiliated person: Del Caminn Pit Carr Pit 7. Description of Operation a. Types and number of operating and processing equipment to be employed: Scrapers_ 10 th rs harkhne �rrr�pning wa hi g rriiGhin9 �yyL� end asphalt plant. b. Maximum number of employees : 3 , and number of shifts : c. Number of stages to be worked: 4 , and periods of time each is to be worked: 1 year d. Thickness of mineral deposit: 12-15 feet, and thickness of the overburden: 0-2' e. This will be a wet/y pit operation f. Site entrance/exit points and county roads and bridges to be utilized between site and delivery point(s) (must be coordinated with County Engineer) : Entrance is via Weld County Road 26. Ninety percent of travel will be via weld uounty hoed za east to weio uounty Rbaa rS, north to existing pit east of Weld County Road-'f3. Ten percent of travel will be south on Weld County Road 26, west on Weld County Road 24-1/2, south on Weld County Road 11 , west on Weld County Road 24 to 1-25. 8. Description of Rehabilitation a. Proposed rehabilitation land use(s): Open space/ponds b. Source of technical advice for reclamation: Rindahl & Associates, Inc. 2305 S. Syracuse Way, #217 Denver, Colorado 80231 696-6846 c. Explanation of Reclamation Process: Pond slopes, plant sites and haul roads will be scarified to a depth of 4-6", fertilized with 18-46-0 at a rate of 250 lb/acre, seeded with an appropriate rangeland mixture of native grasses. Seed will be planted 1/4"' to 1/2" in depth. Native hay mulch will be applied at the rate of 2 tons per acre followed by crimping. All slopes to be seeded will be graded to a maximum angle of 3h:1v. I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF Arapahoe STATE OF Colorado „1/4.7 6,/„ lye Signature: Owner�thorizpd gent subscribed and sworn to before me this 12th /day of November , • �/-F 198 . SEAL 1 J( L0Z4 • NOT Y PUBLIC My Commission expires November 73 1987 EXHIBIT O SOU R C E OF L E GAL RIGHT T O E N T E R The operator has the legal right to enter this indicated by the following certification. I certify that Varra Companies, Inc. operating Pit No. the legal right to enter and mine sand and gravel on tr described in this application. ar g 30 ined and sworn to me this _ 11... day ofIlly_ 19 X AM( Date o ary Public My Cornniu!on Expire; Ittarch 25, 199A A/3O S. W3Ckg My commission expires ""' '��/�• 0-1 APPLICATION USE BY SPECIAL REVIEW Department of Planning Services, 915 Tenth Street, Greeley, Colorado Phone - 356-4000 - Ext. 400 Case Number Date Received Application Checked by Application Fee Receipt Number Recording Fee Receipt Number TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature) • I (we) , the undersigned, hereby request hearings before the Weld County Planning Commission and the Weld County Board of County Commissioners concerning the pro- posed Special Review Permit of the following described unincorporated area of Weld County Colorado: LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: E 1/2 SW 1/4 Section 36 T 3 N. R 68W 1 LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: Section T N, R W Property Address (if available) PRESENT ZONE Agricultural OVERLAY ZONES Flood hazard 1 TOTAL ACREAGE /U PROPOSED LAND USE Upen cut mining EXISTING LAND USE Agrucultural SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING: Name: Richard J. and Margaret L. Vogl Address: /ZSU Weld County Road 26 City Longmont Zip 80501 Home Telephone # //6-1045 Business Telephone # Name: Address: City Zip Home Telephone # Business Telephone # I Name Address: City Zip Home Telephone # Business Telephone # APPLICANT OR AUTHORIZED AGENT (if different than above) : Name: Gilbert F. Rindahl Address: 23U5 S. Syracuse Way, #217City Denver Zip 80231 Home Telephone # 751-1320 Business Telephone # 696-6846 Owner(s) and/or lessees of mineral rights on or under the subject properties of record in the Weld County Assessor's Office: Name: Richard J. and Margaret L. Vogl Address: 7250 Weld County Road 26 City Lonomont Zip 80501 Name: Address: City Zip Name: Address: City Zip I hereby depose and state underi•the penalities of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct;to the best of my knowledge. COUNTY OF WELD ) STATE OF COLORADO ) i_eX-77,z1 t4 • .• w' ey.4'; Signature: Own or Authorized Age f f e. t1uS,:* yb pzet ,and sworn to before me this 18thday of June 19 64 AL ps •• ••• n~ NOT PUBLIC „��n Ft5lnmission expires November 23, 1987 . .iter of Section 36,T3N,R68W I . , , • •• •• .�• i I C.) � I $ loo, . ... • . . . A • . . .. . .. . . ,, . . . . 0 ...... ,, , • • • • , , •. . . • • .• •. • . • .....:.• f; !si. . . .......... ,. S HAUL ROAD r/,//r� 1 � ' M/N19 6 AREA / I i.,-:-,) ' ii Cy., Nagapaauanuaausun .ya c Y t.#11 ) i'i ilk i 11 . .u, k PLANT , / I D "XISTING 3 SITE I .'/ 10O 1 woc,DY EGETATION (T % ® MINING AREA I MVP) ...J; ` -1,�' -- ❑ ASPHALT MIXING PLANT /1?---Into VE D EXISTING ACCESS { ,1/44.,)' MIN/NQ L/M/T - Gas N4 aaao••a'aaaaaa OO / i O aaNaaaaaaaNaaaaapa \ G i /� ��a as + / �r es/STEEL OAS pELINE / ' -------- _ , CO Da INTERSTATE GAS CO. /// i • .. I \/ ` I UNDERGROUND pl� s I G 201 1BS01 L #\; . . ' i---•• 25 /< .�' ' 7 fOCKPILE tatC =\\1 ��/ II,� , ,� \\ 25 • 1iHllllil% 1 6.---____--_. G........„........., L. a\`\• ("4.11 - - MINING AREA 3 11 i. i l l l $ * * / *S I TOPSOIL •••\'‘I/ 1 i / STOCKPI s i„- /r/1 _ " I o s* / M/N/NG AREA 4 -�� I PLANT SITE II ARROWS INDICATE EXISTING II DIRECTION OF Z CROPLAND yl1 MINING h ACCESS ROA --2.---1 \ iniql A Monitoring So II SCALE A GUARD/OFFICE TRAILER { 25 Monitoring Well i as iS AY II SIIIIIIMIMIIIIPiAir II II I , PERMIT BOUNDARY el I Ant, i • PVC 1 Oee % = P4hfine - - j Township & Section Line \ Powerline- AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property Varra Companies, Inc. - Pit #5 STATE OF COLORADO ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office, or from an ownership update from a title or abstract company or an attorney. The foregoing instrument was subscribed and sworn to before me /J this I l day of 4/r,/l.1 , 19E By 1/4-1,-,u u (L . RQQi L l / WITNESS my hand and official seal . My Commission expires : My Commission Expires November 23, 1987 AlC/1 IFOrCail Not ry Public AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property VARRA, Qa'\PAIUjES , =►.1Q. IRT #S STATE OF COLORADO ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property subject to the application. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty (30) days of the application submission date. l ? t The foregoing instrument was subscribed and sworn to befor me this IS day of si n;\.►.in.1as.s, , 19%q. WITNESS my hand and official seal. My Commission expires: My Commission expires Feb: 13;19$$j `` O, cas- q as a No ary Public NAME bF OWNERS OF PROPERTY WITHIN 50. FEET • Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION # 5178 Weld County Road 28 Frank Barnes Longmont, Colorado 80501 62120736000041 Conrad Dale & Martha Ann Hopp 6999 York Street c/o Robert L. & Winnifred J. Siegrist Denver, Colorado 80229 62120736000031 7000 York Street Construction Leasing Investment, Inc. Denver. Colorado 80229 62120736000025 J Bar B Box 486 c/o J. L. Bailey Georgetown, Colorado 80444 62120736000027 J Bar B Box 486 c/o K.L. Bailey Georgetown, Colorado 80444 62120736000028 7250 Weld County Road 26 Richard J. & Margaret L. Vogl Longmont, Colorado 80501 62120736000026 Colorado Interstate Gas (Easement Only) P.O. Box 1087 c/o Floyd Robertson Colorado Sorinos. CO 80944 Amoco Production Company P.O. Box 800, Amoco Bldg. Attn: Land Dept. - Carl 0wnbey Denver, Colorado 80202 cti %air' DEPARTMENT OF PLANNING SERVICES �! PHONE 1303)3564000 Ext-4400 915 10TH STREET GREELEY,COLORADO 80631 • Cx � COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on Tuesday. December 18 1984 at 1:30 p.m. to review a request for approval of an amendment to a Use by Special Review Mining Permit to include an Asphalt Mixing Plant for Varra Companies, Inc. on a parcel of land described as part of the Eli SW 1/4. Section 36. T3N R68W of the 6th P.M. , Weld County, Colorado containing 7N acres, more or less. This public hearing to be held by the Weld County Planning Commission for the consideration of the above referenced request will be conducted in the Weld County Commissioners' Hearing Room, First Floor, Weld . County Centennial Center, 915 10th Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 915 10th Street, Room 342, Greeley, Colorado 80631, before the above date or presented at the public hearing on December 18, 1984 Copies of the application are available for public inspection in the Department of Planning Services, Room 342, weld County Centennial Center, 915 10th Street, Greeley, Colorado (356-4000, Extension 4400) . Bob Ehrlich, Chairman Weld County Planning Commission To be published in the: La Salle Leader To be published one (1) time by: December 6, 1984 Received • Date: / //;,f r REFERRAL LIST Amend APPLICANT: Varra Companies, Inc. , Pit #5 CASE NUMBER: USR-642:84:35 SENT REFERRALS OUT: November 21, 1984 REFERRALS TO BE RECEIVED BY December 7, 1984 0 11.1 N 0 cn O z H z H A cn Z o Q Z U 4 z O w - w a ti w (Pa ;11 vv z o 0 0 a 0 0 0 z W U W U 0 1:14 Z WIZ z z via 0 County Attorney (plat only) Louis Rademacher Planning Commission Member / Weld County Health Department 13184 Weld County Road 13 XX Longmont, Colorado 80501 0Engineering Department XX Captain William R. Emerson County Extension Agent / Longmont Fire Protection Dist. V 9119 County Line Road XX Office of Emergency Management Longmont, Colorado 80501 AMOCO Production Company c/o Claud Neeley Colorado Interstate Gas Co. Room 2042, AMOCO Building P.O. Box 1087 P.O. Box 800 Colorado Springs, CO 80944 Denver, Colorado 80202 473-3200 830-4040 ■ State Engineer Division of Water Resources 1313 Sherman St. , Room 818 Denver, Colorado 80203 ■ State Highway Department 1420 2nd Street Greeley, Colorado 80631 ■ Colorado Department of Health Water Quality Control Division 4210 East 11th Avenue Denver, Colorado 80220 VOIIOMOk,. "° '`^t LONGMONT FIRE PROTECTION DISTRICT 9m '`'+6,y., .¢ 9119 County Line Rd., Longmont, CO 80501 (303) 772-0710 9 4. 0� �TECTION November 30, 1984 Mr. Michael S. Mullen Department of Planning Services Weld County Colorado 915 10th Street Greeley, CO 80631 REF: Case number USR-642:84:38 - Amended Dear Mr. Mullen: Having reviewed the application for an amendment to include an asphalt mixing plant, we find no conflicts with our interests. However, The Longmont Fire Protection District requires portable fire extinguishers rated 2A 40 BC located at the truck loading area, near the burner end of the aggregate dryer and the batch plant controls, within easy reach of the plant operator. Sincerely, ,J. .;w 4--12-1--a- William William R. Emerson Fire Marshal, LFPD f.— re; il,I L i I IS1 .7j L\V/)1_i [i, ,_ _, WRE/vdb Lam_ cc: Varra Companies, Inc. Board of Directors (5) vi Co. Planning Commission Secretary/Attorney Chief File (3) / E ®RAnDUr Wilk To Planning Department Date December 4, 1984 41 COLORADO From Lea Ekman, Director, Office of Emergency Management#, Subject: Case Number USR-642:84:38 To Whom It May Concern: Pursuant to State Senate Bill 172. Colorado Revised Statutes 29-22-107 (2) (a) hazard types and amounts shall be provided along with location to the emergency response authority, waste management division of the department of health and local fire district. Please note hazard types and emergency phone numbers have not yet been received since original application in June, 1984. A gas well is noted on the property as well as 2" steel pipeline owned by Colorado Interstate. Under these provisions no conflicts are noted with regard to the permit. cc: Robert H. Rhinesmith, Director, Weld County Information Services Agency _ 19a4 I ��. ttznnint Cnmmisston EmORAnDU WilkPTo lanning Department Date 12-6-84 COLORADO From Mary Paulson, Environmental Health Specialist U.S.R. 642:84:38 Subject: The following item must be included in the plans for Varra Companies U.S. R. : 1. An Air Pollution Permit must be obtained from the Colorado State Department of Health prior to operation. C OC 1984 Weld Co. Planning Commission, BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Jack Holman that the following resolution be introduced for passage by the Weld County Planning Commission. Be it Resolvod..bg.,,,t a Weld County Planning Commission that the application for: --- "1 CASE NUMBER: USR 642:84:38 L' DEC 21084 NAME: Varra Companies Inc. /, s 1' ADDRESS: 2130 South 96th Street, Broomfield, CO 80020 GREELEY. can REQUEST: A Use by Special Review Mining Permit for-an Open-Cut Wet. Gravel Pit LEGAL DESCRIPTION: Part of the Ek SWk, Section 36, T3N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 3.5 miles northwest of Firestone; west of Weld County Road 13 and north of Weld County Road 26. be recommended favorably to the Board of County Commissioners for the following reasons: THE WELD COUNTY PLANNING COMMISSION RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with application requirements of Section 24.7,44.1, 44.2 and 44.3 of the Weld County Zoning Ordinance. 2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 24.3. 1 et seq. of the Weld County Zoning Ordinance as follows: - This request is in compliance with the Weld County Comprehensive Plan and the Weld County Extraction Plan, Mineral Resources, Volume II. The Weld County area in question is located in a resource conservation area. The Weld County Extraction Plan states that extraction shall be encouraged in resource conservation areas, as long as appropriate extraction standards are followed. The proposal is consistent with the Comprehensive Plan policies which allow uses of an industrial nature to occur where the resources are available (i.e. , gravel and sand operations as noted on pages 62-63 of the Comprehensive Plan) . - The proposal is consistent with the intent of the Agricultural Zone District in that the proposed use does not interfere with other agricultural activities in the area or the County and as a Use by Special Review the activity can take place in the district. - The activities proposed will be compatible with existing agricultural and rural residential uses in the neighborhood, as well as with projected development in the future. USR 642:84:38 Varra Companies Inc. A Use by Special Review Mining Permit for an Open—Cut Wet Gravel Pit Part of the E1/2 SW1, Section 36, T3N, R68W of the 6th P.M. , Weld County, Colorado. August 7, 1984 Page 2 - The subject site is in a Flood Hazard Overlay District area. Operation Standards address this concern. - Use by Special Review Operations and Design Standards provide adequate protection of the health, safety and welfare of the neighborhood and County. The Planning Commission recommendation for approval is conditional upon the following: 1. The attached Standards for Use by Special Review be adopted and placed on the Use by Special Review plat prior to recording. 2. The prescribed Use by Special Review activity shall not occur nor shall any building or electrical permits be issued on the subject property until the Use by Special Review plat has been delivered to the Department of Planning Services office and the plat has been recorded in the office of the Weld County Clerk and Recorder. 3. The following note being placed on the Use by Special Review Permit plat: NOTE: The Mined Land Reclamation Board has the authority to issue permits for mining and reclamation activities. Activities related to mining and reclamation are, therefore under the jurisdiction of the Mined Land Reclamation Board; however, Weld County has jurisdiction of those matters outlined in the Operation Standards. 4. Prior to scheduling a public hearing before the Board of County Commissioners, the applicant shall offer and agree to an acceptable program of road improvements and maintenance with the Weld County Commissioners. The agreement shall mitigate impacts generated on county roads by the gravel mining operation's truck traffic. The maintenance proposal shall address maintenance of the haul routes on Weld County Roads 26 and 13. 5. Revised mylar plats shall be submitted to the Department of Planning Services showing all AMOCO facilities and a two hundred (200) foot buffer from said extraction site. 6. Prior to the Board of County Commissioner's hearing, the applicant shall submit evidence of compliance with section 44.4. 10, Insurance, to the Department of Planning Services. USR 642:84:38 Varra Companies Inc. A Use by Special Review Mining Permit for an Open-Cut Wet Gravel Pit Part of the Eli SW1, Section 36, T3N, R68W of the 6th P.M. , Weld County, Colorado. August 7, 1984 Page 3 Motion seconded by: Stephen Hamilton Vote: For Passage Against Passage Lydia Dunbar Paulette Weaver Stephen Hamilton Bill McMurray Jack Holman Bob Ehrlich The Chairman declared the Resolution passed and ordered that a certified copy be forwarded with the file of this case to the Board of County Commissioners for further proceedings. CERTIFICATION OF COPY I, Bobbie Good, Recording Secretary of the Weld County Planning Commission, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution of the Planning Commission of Weld County, Colorado, adopted on August 7, 1984 and recorded in Book No. IX of the proceedings of the said Planning Commission. Dated the 8th day of August, 1984. Secretary OPERATION STANDARDS VARRA PIT #5 U.S.R. - 642:84:38 1. The uses permitted on said described parcel shall be the extraction of sand and gravel as described in the application materials on file with the Department of Planning Services. 2. The open-cut gravel operation shall comply with Section 44.4, Operation Policies. 3. Vehicular traffic shall ingress and egress onto Weld County Road 26 as shown on the submitted Use by Special Review plat. Truck traffic from the Use by Special Review area shall not be allowed south and west of the point of ingress and egress on Weld County Road 26. Haul routes shall be posted at the point of ingress and egress showing the direction of the haul route. 4. The property owner(s) and/or operator shall apply for a well permit with the Division of Water Resources to comply with CRS 37-90-137. Prior to extraction of Sand and Gravel, a copy of the well permit application shall be forwarded to the Department of Planning Services. 5. The operator shall comply with the requirements of the Colorado Interstate Gas Company as outlined in a letter dated July 13, 1984. 6. The operator shall complete a road improvements and maintenance agreement with Weld County, and upgrade Weld County Road 26 to the specifications outlined by the Weld County Engineering Department and/or the Board of County Commissioners prior to extraction of sand and gravel form the Use by Special Review area. 7. Water for dust control shall be obtained from a legal source with a senior water right which allows for dust control. 8. The applicant shall obtain a N.P.D.E.S. Permit from the Water Quality Control Division of the Colorado State Health Department prior to discharge of any water into the St. Vrain Creek. A copy of the N.P.D.E.S. Permit shall be forwarded to the Department of Planning Services. 9. All operations on said described parcel shall be in conformance with the Weld County Flood Hazard Regulations including: A. No fill, berms or stockpiles shall be placed in the one hundred (100) year floodplain of St. Vrain Creek which would obstruct passage of flood flows; and B. All fuel tanks, septic tanks, temporary buildings, and any other hazardous items that might wash away during flooding shall be securely anchored and adequately flood-proofed to avoid creation of a health hazard. Following completion of mining, all temporary buildings shall be removed. 10. The applicant shall comply with the design standards for the Use by Special Review, Section 24.5 et seq. , of the Weld County Zoning Ordinance. 11. The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24.6 et seq. , of the Weld County Zoning Ordinance. 12. Representatives or members of the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the site at any reasonable time in order to insure the operations carried out on the site comply with the Operation Standards stated hereon and all applicable Weld County Regulations. 13. The Use by Special Review area shall be limited to the plans shown hereon and governed by the Standards as stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Standards as shown or stated above shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 14. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners. 15. The operator shall establish a minimum of two (2) monitor wells within the perimeter of the Use by Special Review area to monitor the level of the ground water on said site. Additional Comments Varra Pit #5 USR-642:84:38 The Department of Planning Services has received objections from a surrounding property owner. The concerns expressed to the staff were additional truck traffic associated with the proposal on Weld County Road 26 and the speed of trucks using this haul route. Date: August 7, 1984 CASE NUMBER: USR 642:84:38 NAME: Varra Companies Inc. ADDRESS: 2130 South 96th Street, Broomfield, CO 80020 REQUEST: A Use by Special Review Mining Permit for an Open-Cut Wet Gravel Pit LEGAL DESCRIPTION: Part of the Eli SW's, Section 36, T3N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 3.5 miles northwest of Firestone; west of Weld County Road 13 and north of Weld County Road 26. THE DEPARTMENT OF PLANNING SERVICES STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with application requirements of Section 24.7,44. 1, 44.2 and 44.3 of the Weld County Zoning Ordinance. 2. It is the opinion of the Department of Planning Services staff that the applicant has shown compliance with Section 24.3.1 et seq. of the Weld County Zoning Ordinance as follows: - This request is in compliance with the Weld County Comprehensive Plan and the Weld County Extraction Plan, Mineral Resources, Volume II. The Weld County area in question is located in a resource conservation area. The Weld County Extraction Plan states that extraction shall be encouraged in resource conservation areas, as long as appropriate extraction standards are followed. The proposal is consistent with the Comprehensive Plan policies which allow uses of an industrial nature to occur where the resources are available (i.e. , gravel and sand operations as noted on pages 62-63 of the Comprehensive Plan) . - The proposal is consistent with the intent of the Agricultural Zone District in that the proposed use does not interfere with other agricultural activities in the area or the County and as a Use by Special Review the activity can take place in the district. - The activities proposed will be compatible with existing agricultural and rural residential uses in the neighborhood, as well as with projected development in the future. - The subject site is in a Flood Hazard Overlay District area. Operation Standards address this concern. - Use by Special Review Operations and Design Standards provide adequate protection of the health, safety and welfare of the neighborhood and County. The Department of Planning Services staff recommendation for approval is conditional upon the following: 1. The attached Standards for Use by Special Review be adopted and placed on the Use by Special Review plat prior to recording. 2. The prescribed Use by Special Review activity shall not occur nor shall any building or electrical permits be issued on the subject property until the Use by Special Review plat has been delivered to the Department of Planning Services office and the plat has been recorded in the office of the Weld County Clerk and Recorder. 3. The following note being laced on the Use by Special Review Permit plat: NOTE: The Mined Land eclamation Board has the authority to issue permits for m ning and reclamation activities. Activities related to mi ing and reclamation are, therefore under the jurisdiction of the Mined Land Reclamation Board; however, Weld County has ju isdiction of those matters outlined in the Operation Stand rds. 4. Prior to scheduling a public hearing before the Board of County Commissioners, the appl cant shall offer and agree to an acceptable program of road improv ments and maintenance with the Weld County Commissioners. The agre ent shall mitigate impacts generated on county roads by the gravel min ng operation's truck traffic. The maintenance proposal shall address intenance of the haul routes on Weld County Roads 26 and 13. 5. Revised mylar plats sha 1 be submitted to the Department of Planning Services showing all AMOC facilities and a two hundred (200) foot buffer from said extraction site. 6. Prior to the Board of Co my Commissioner's hearing, the applicant shall submit evidence of comp lance with section 44.4.10, Insurance, to the Department of Planning S rvices. Y OPERATION STANDARDS VARRA PIT #5 U.S.R. - 642:84:38 1. The uses permitted on said described parcel shall be the extraction of sand and gravel as described in the application materials on file with the Department of Planning Services: 2. The open-cut gravel operation shall comply with Section 44.4, Operation Policies. 3. Vehicular traffic shall ingress and egress onto Weld County Road 26 as shown on the submitted Use by Special Review plat. Truck traffic from the Use by Special Review area shall not be allowed south and west of the point of ingress and egress on Weld County Road 26. Haul routes shall be posted at the point of ingress and egress showing the direction of the haul route. 4. The property owner(s) and/or operator shall apply for a well permit with the Division of Water Resources to comply with CRS 37-90-137. Prior to extraction of Sand and Gravel, a copy of the well permit shall be forwarded to the Department of Planning Services. 5. The operator shall comply with the requirements of the Colorado Interstate Gas Company as outlined in a letter dated July 13, 1984. 6. The operator shall complete a road improvements and maintenance agreement with Weld County, and upgrade Weld County Road 26 to the specifications outlined by the Weld County Engineering Department and/or the Board of County Commissioners prior to extraction of sand and gravel form the Use by Special Review area. 7. Water for dust control shall be 6btained from a legal source with a senior water right which allows for`dust control. 8. The applicant shall obtain a N.P.D.E.S. Permit from the Water Quality Control Division of the Colorado State Health Department prior to discharge of any water into the St. Vrain Creek. A copy of the N.P.D.E.S. Permit shall be forwarded to the Department of Planning Services. 9. All operations on said described parcel shall be in conformance with the Weld County Flood Hazard Regulations including: A. No fill, berms or stockpiles shall be placed in the one hundred (100) year floodplain of St. Vrain Creek which would obstruct passage of flood flows; and B. All fuel tanks, septic tanks, temporary buildings, and any other hazardous items that might wash away during flooding shall be securely anchored and adequately flood-proofed to avoid creation of a health hazard. Following completion of mining, all temporary buildings shall be removed. 10. The applicant shall comply with the design standards for the Use by Special Review, Section 24.5 et seq. , of the Weld County Zoning Ordinance. 11. The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24.6 et seq. , of the Weld County Zoning Ordinance. 12. Representatives or members of the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the site at any reasonable time in order to insure the operations carried out on the site comply with the Development Standards stated hereon and all applicable Weld County Regulations. 13. The Use by Special Review shall be limited to the plans shown hereon and governed by the Standards as stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Standards as shown or stated above shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 14. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Standards. Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners. Additional Comments Varra Pit #5 USR-642:84:38 The Department of Planning Services has received objections from a surrounding property owner. The concerns expressed to the staff were additional truck traffic associated with the proposal on Weld County Road 26 and the speed of trucks using this haul route. SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING August 7, 1984 A regular meeting of the Weld County Planning Commission was held on August 7, 1984, at 1:30 p.m. in the County Commissioners' Hearing Room, 915 Tenth Street, Greeley, Colorado. The meeting was called to order by the chairman, Bob Ehrlich. Tape 170 - Side 1 ROLL CALL Lydia Dunbar Present Doug Graff Absent - Called in Paulette Weaver Present Stephen Hamilton Present Sharon Linhart Absent - Called in Bill McMurray Present Louis Rademacher Absent - Called in Jack Holman Present Bob Ehrlich Present Also.present: Michael Mullen, Current Planner, Lee Morrison, Assistant County Attorney, and Bobbie Good, Secretary. A quorum was present. The summary of the last regular meeting of the Weld County Planning Commission held on July 17, 1984, was approved as distributed. CASE NUMBER: USR-642:84:38 427 APPLICANT: Varra Companies, Inc. REQUEST: A Use by Special Review Mining Permit. for an Open-Cut-Wet Gravel Pit LEGAL DESCRIPTION: Part of the Eg SW4, Section 36, T3N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 3.5 miles northwest of Firestone; west of Weld County Road 13 and north of Weld County Road 26 APPEARANCE: Gilbert F. Rindahl, P.E. , Rindahl & Associates, represented the applicants. This request is for a gravel mining operation which will last approximately four years. Truck traffic will be approximately forty loads a day at peak season. The haul route will be east on Weld County Road 26 and north on Weld County Road 13, then east to their existing pit where any processing of the gravel will take place as this site will not have a crusher or batch plant. He stated he did not agree with Operation Standard #4. He asked that this be amended by either striking the last sentence or changing ""ad""""" the last sentence to read. . .a copy of the well permit application shall be forwarded. . . To comply with the original stipulations could mean a two year waiting period and the Varra's are running out of gravel at the present site now. !' / i Summary of the Weld County Planning Commission Meeting August 7, 1984 Page 2 Lee Morrison explained the State Engineer will not approve an application for a well permit for a gravel mining operation without an augmentation plan. The County is not in a position to determine water rights and to make any type of decision in this area is to operate in an area where county officials have no capacity of authority. For local authorities to stop or delay gravel mining operations under these circumstances is not practical. Rod Hutchinson, Weld County Engineering Department, stated they agreed with the haul route. - They have not taken any traffic counts to see what type of traffic is using this road daily. Mr. Rindahl stated he had met with the Varras and property owners on the haul route to see if an alternate route through private property coula be worked out. Alternatives are being considered, but until all property owners in this area are available no definite plans can be made. The Chairman called for discussion from the audience. • Lew Gaskin, Attorney, Amoco Production Company, reported Amoco Production Company is neither for or against this proposal. They have oil and gas wells in this area, and there could be additional drilling activity in the immediate area. They wish to be sure their rights are protected and adequate rights-of-way are left to maintain any new or existing wells. He also asked that prior to conducting any operations that Varra would communicate directly with Amoco's District Foreman of the Montbello District, P.O. Box 39200, Denver, Colorado 80239, Bill Ray, telephone number 830-3206. In this way, plans can be coordinated for multiple land usage which Amoco does support.wholeheartedly. Diane Aites spoke on behalf of the residents living in the areas of Weld County Road 11-1/4 south to 24-3/4 and west to 9-3/4. She asked that an alternate haul route across private property be worked out between some of the gravel companies in the area. They are not against the gravel mining operation, only the haul route. W Tape 170 - Side 2 Terri Gillatt, surrounding property owner, stated she is not against the mining operation, but she is against the haul route. She also has concerns regarding the effect this mining operation may have on the shallow domestic wells in the area. Frank Seewald, property owner at the corner of Weld County Road 13 and 26, stated he is not against the gravel mining operation, but he does oppose the haul route. He also has concerns regarding the hours of operation, i .L > N- the dust, the noise, and the water problems that may be encountered with the shallow wells in the area. Summary of the Weld County Planning Commission Meeting August 7, 1984 Page 3 The Chairman asked Mike Mullen to read the Recommendations, Conditions, and Operation Standards as outlined by the Department of Planning Services staff into the record. Mike Mullen explained Operation Standard #4 was a typographical error and should be amended to read. ..Prior to extraction of Sand and Gravel, a copy of the well permit application shall be forwarded to the Department of Planning Services. Mr. Rindhal stated he felt the comments were very well written, he suggested that perhaps another operation standard regarding monitor wells be added to protect the concerns of the local landowners. Mike Mullen added Operation Standard #15 to read as follows: "The operator shall establish a minimum of two (2) monitor wells within the perimeter of the Use by Special Review area to monitor the level of the groundwater on said site." The Chairman asked Mr. Rindahl if he was in agreement with the amendments as set forth by the staff. He stated he had no problem with these amendments. MOTION: Jack Holman moved Case Number USR-642:84:38 for Varra Companies, Inc., for a Use by Special Review Mining Permit for an Open-Cut-Wet Gravel Pit be forwarded to the Board of County Commissioners with the Planning Commis- sion's recommendation for approval based upon the Recommendations, Condi- tions, and Operation Standards as amended by the staff. Motion seconded by Stephen Hamilton. The Chairman called for discussion from the members of the Planning Commis- sion. Discussion followed. The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Lydia Dunbar - yes; Paulette Weaver yes; Stephen Hamilton - yes; Bill McMurray - yes; Jack Holman - yes; Bob Ehrlich - yes, he is, however, very concerned about traffic on this route. If there is any possibility of allowing the traffic to run through the J-Bar-B property it would be a great improvement over using the County roads. Otherwise, he has mixed emotions because of the tremendous traffic problems we are creating on this end of the County. Motion carried unanimously. The meeting was adjourned at 2:55 p.m. .. Respectfully submitted, - \ Bobbie Good Secretary LAND USE APPLICATION SUMMARY SHEET August 7, 1984 CASE NUMBER: USR-642:84:38 NAME: Vara Companies, Inc. ADDRESS: 2130 South 96th Street, Broomfield, Colorado 80020 REQUEST: A Use by Special Review Mining Permit for an Open-Cut-Wet Gravel Pit LEGAL DESCRITPION: Part of the Elg SW1, Section 36, T3N, R68W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 3.5 miles northwest of Firestone; west of Weld County Road 13 and north of Weld County Road 26 SIZE OF PARCEL: 70 acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS: The criteria for review of a Use by Special Review application for a Mining Permit are listed under Section 24.3 and Section 44 of the Weld County Zoning Ordinance. Extraction of a valuable mineral resource, such as sand and gravel, should be a priority before urbanization occurs on the land. This has been a policy of Weld County since the adoption of the Comprehensive Plan and the Mineral Resource Study, Volume II. The Weld County Engineering Department has concerns about impacts on Weld County Road 26 and 13. Operation Standards will address these concerns. The Division of Water Resources has requested the applicants to apply for a well permit. Amoco Production Company and the Colorado Interstate Gas Company have expressed concerns about their easements through the subject site. Operation Standards will address those concerns. The Department of Planning Services has not received any objections from the surrounding property owners. MSM:rjg FIELD CHECK FILING NUMBER: USR 642:84:38 DATE OF INSPECTION: July 20, 1984 NAME: Varra Companies Inc. Pit #5 REQUEST: USR Mining Permit for an Open-Cut Wet Gravel Pit LEGAL DESCRIPTION: Pt. E' SW1, Section 36, T3N, R68W LOCATION: Approximately 31 miles northwest of Firestone; west of WCR 13 and north of WCR 26. LAND USE: N St. Vrain River, bluff area, irrigated cropland (corn) , B & B Hog Farm and Barnes Cattle Co. , pasture. E Irrigated cropland, farm residence, farm residence to southeast. S WCR 26, irrigated cropland (alfalfa, corn, hay) , TJ Dairy, farm residence. W Irrigated cropland, floodplain pasture. ZONING: N Agricultural E Agricultural S Agricultural W Agricultural COMMENTS: Subject site is 70 acres of floodplain pasture and cropland. Approximately 35% of the site is under cultivation. Access to the site is by way of an Amoco access easement from WCR 26, a gravel road. Three ditches are located within the proposed sand and gravel extraction area. The northwestern corner of the proposed extraction area has an extensive cover of mature cottonwood trees. A tank battery, gas metering station, oil well, and heater-treater-separator are located along the western boundary of the subject site. 15 residences are located within a 11 mile radius of the 70 acre site. By: bC421[S Ma.grit Michael S. Mullen, Current Planner -b.-1 / ) /11 !I (//714)t II II 26 5 ll`r' .r . *a 1 Ii i (/ °° ti' % 1 0 1 r9 A � i I as I A� Y 28 __ t_� •14es1 • /- I r 7711 • ,r�_�_z 1. 495/ / ,, • __ ° 1" •// �� I '\ I� 4$10 `... II 1S � \ v — �1/ �C E ice,\ tl31 34 it l Id(V�s �� a (( // , 'Bl3 oez3l� •/.,.. 4813 CHANCE A. 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Rindahl Rindahl&Associates • 2305 S.Syracuse Way • Suite 217 • Denver,CO 80231 + t303)696-6846 May 30, 1984 Weld County Department of Planning Services 915 10th Street Greeley, Colorado 80631 Gentlemen: Varra Companies, Inc. respectfully requests favorable consi- deration for approval of use by special review of an application for mining sand and gravel in Section 36, Township 3 North, Range 68 West. The following statements correspond to the Weld County Procedural Guide for use by Special Review. a. The proposed mining operation is consistent with the Weld County Comprehensive Plan in that gravel mining is economi- cally feasible. The "Map showing potential causes of gravel and crushed-rock aggregate, in the Boulder-Ft. Collins- Greeley area, Front Range Urban Corridor, Colorado," by Roger B. Colton and Harold R. Fitch published by the Department of Interior, United States Geological Survey prepared in coop- eration with the Colorado Geological Survey describes the area as: GRAVEL DEPOSITS UNDERLYING TERRACES AM) FLOOD PLAINS - Pebbles generally well rounded, unweathered; deposits contain little deleterious "lime" (CaCO ) . Lithologic composition reflects bedrock in source areas along Boulder Creek , St. Vrain Creek, Lefthand Creek, the Little and Big Thompson Rivers, and the Cache La Poudre River; clasts are composed chiefly of quartzite, granite, gneiss , and pegmatite. Few or no reactive constituents. Source of best quality gravel for concrete aggregate and road metal. s .• • c a l* Engineering& Environmental Services y Weld County Department of Planning Services May 30, 1984 Page Two b. The proposed mining is consistent with the intent of the district in that there is current mining on nearby property to the northeast. c. The use will be compatible with surrounding land uses which include rangeland, agricultural land and gravel pits. Active gravel mines are located with one-half mile of this project. d. Future uses would be limited to those which could be compa- tible with a flood hazard zone, i.e., agriculture, wildlife, open space or mining. e. The mining complies with the overlay Flood Hazard Zone as a use by special review. f. The use is proposed in the "A" District. The type of soil, the high water table, and the Flood Hazard overlay zone make the property a marginally productive agricultural land. g. The distance from the nearest inhabitant is such that there will be no concern for health, safety and welfare of the inhabitants of the neighborhood and the County. Detailed Description of Proposed Operation a. Type of use - gravel mining. b. Nearest residential structure is approximately 500 feet and is owned by the lessor. c. Plan of operation for the plant calls for one shift per day, five days per week. Occasionally, during peak construction season, the plant may work 6 days per week. d. The maximum number of workers on site is estimated at twelve. e. Not listed. f. Animals are not a part of this use and none are expected to be on site. g. Temporary structures on site will be an office, guard trailer , a scale house, and a servicing, crushing and gravel wash plant. • Weld County Department of Planning Services May 30, 1984 Page Three h. Truck traffic generated by the operation will be approxi- mately 40 trips per day. Trucks will be 25 ton belly and end dump trucks. The majority pit traffic (90%) will be east on Weld County Road 26, north on Weld County Road 13, and east to the existing gravel pit. A smaller amount of traffic (10%) will travel on Weld County Road 26, west on Weld County Road 24-1/2, south on Weld County Road 11 , west on Weld County Road 24 to I-25. i. Domestic sewage will be "Jiffy Johns" or similar. j. Stockpile will cover approximately 1-1/2 acre. Overburden stockpiles will be temporary since the material will be replaced as the mining progresses . Gravel will be an operational stockpile only to stay ahead of the demand. k. There will be no debris connected with this operation. 1. Total time for mining is estimated to be four years. Please refer to the mining plan in the application booklet. m. The area landscape plan is contained in the reclamation plan in the application booklet. n. Reclamation will consist of reseeding the shoreline as mining progresses from north to south. Native grasses will be planted to return the land to a naturally vegetated area around the pond. See application booklet for further details. o. Fire protection will be on site with tanker trucks used for dust suppression and fire extinguishers at each equipment location. Sincerely, RINDAHL & ASSOCIATES, INC . filbert F. Rindahl, P.E. President GFR/jl/4O File No. 84-0501 Attachment - APPLICATION USE BY SPECIAL REVIEW Department of Planning Services, 915 Tenth Street, Greeley, Colorado Phone - 356-4000 - Ext. 400 Case Number Date Received Application Checked by Application Fee Receipt Number Recording Fee Receipt Number TO BE COMPLETED BY APPLICANT: (please print or type, except for necessary —" '— signature) I (we) , the undersigned, hereby request hearings before the Weld County Planning Commission and the Weld County Board of County Commissioners concerning the pro- posed Special Review Permit of the following described unincorporated area of Weld County Colorado: LEG3jAL� DESCRIPTION N, R i OF SPECIAL REVIEW PERMIT AREA: E 1/2 SW 1/4 Section 36 8141 LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: Section T N, R W Property Address (if available) PRESENT ZONE Agricultural OVERLAY ZONES Flood hazard TOTAL ACREAGE in PROPOSED LAND USE open cut mining EXISTING LAND USE Agrucultural SURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING: Name: Richard J. and Margaret L. Vogl Address: 7250 Weld County Road 26 City Longmont Zip 80501 Home Telephone # 7[6-1045 Business Telephone # Name: Address: City Zip Home Telephone # Business Telephone # Name Address: City Zip Home Telephone # Business Telephone # APPLICANT OR AUTHORIZED AGENT (if different than above) : Name; Gilbert F . Rindahl Zip 80231 Address: 2305 S. Syracuse Ways 11217 City Denver Home Telephone # 751-1320 Business Telephone # 696-6846 Owner(s) and/or lessees of mineral rights on or under the subject properties of record in the Weld County Assessor's Office: Name: Richard J. and Margaret L . Vogl Address: 7250 Weld County Road 26 City Longmont Zip 811501 Name: Address: City Zip Name: _ Address: City Zip I hereby depose and state under the penalities of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF WELD ) STATE OF COLORADO ) `�- 71 / 2 _ ____ ...''' , / /(.4 7-e ate/-12 / , Signature: Own r or Authorized Age S•.:bsoribed and sworn to before me this 18thday of June 19 J34 • r gl _ - $EAL -V--114:71 F-O-17:4 NOT PUBLIC My commission expires November 23, 1987 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property Varra Companies, Inc. - Pit #5 STATE OF COLORADO ) ss. COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names , addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property subject to the application. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records , or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty (30) days of the application submission date. ., 52de The foregoing instrument was subscribed and sworn to before me this ( Os day Q_(LII.E , 19t/by 7(OlLA 1 ff iiztAzi ql WITNESS my hand and official seal . My Commission expires : My Commission Expires November 23, 1981 / F�lJ Notary Public AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property Varra Companies, Inc. - Pit #5 STATE OF COLORADO ) ss. COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office, or from an ownership update from a title or abstract company or an attorney. -i,9 a44,l The foregoing instrument was subscribed and sworn to before fo me this 1 day of 9.-/t/Li , 19 y By 1/41(MALI n / f. WITNESS my hand and official seal . My Commission expires: My Commission Expires November 23, 198 • 7 JZSi L.1)-CA Not ry Public NAMt OF PKUPtrtl f 'di Idi r auU FLCL Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION 5178 Weld County Road 28 Frank Barnes Longmont, Colorado 80501 62120736000041 Conrad Dale & Martha Ann Hopp 6999 York Street c/o Robert L. & Winnifred J. Siegrist Denver, Colorado 80229 62120736000031 7000 York Street Construction Leasing Investment, Inc Denver Colorado 80229 62120736000025 J Bar B Box 486 c/o J. L. Bailey Georgetown, Colorado 80444 62120736000027 .3 Bar B Box 486 c/o K.L. Bailey Georgetown, Colorado 80444 62120736000028 7250 Weld County Road 26 Richard J. & Margaret L. Vogl Longmont, Colorado 80501 62120736000026 Colorado Interstate Gas (Easement Only) P.O. Box 1087 c/o Floyd Robertson Colorado Springs, CO 80944 • Amoco Production Company P.O. Box 800, Amoco Bldg. Attn: Land Dept. - Carl Ownbey Denver, Colorado 80202 • WELD COUNTY, COLORADO SPECIAL USE APPLICATION • For OPEN CUT MINE PERMIT (gravel pits, etc.) Weld County Department of Planning Services 915 - 10th Street, Greeley, CO Phone 356-4000 EXT 400 For Department of Planning Services Use Only Case Number: Date Application Received: PC Hearing Date: Section: , Township: North, Range: West Zoning District: Recording Fee: Permit Fee: Recording Fee • Receipt #: Receipt Number: Application Reviewed By • To Be Completed by APPLICANT In Accordance With Procedural Guide Requirements : 1. I (we), the undersigned, hereby request a hearing before the Weld County Planning Commission concerning a proposed Open Cut Gravel (gravel, coal, borrow pit, etc.) mining operation for the following described unincorporated area of Weld County: LEGAL DESCRIPTION: Located within the E 1/2 SW 1/4 of Section 36, Township 3 North, Range 68 West, Weld County, Colorado. TOTAL ACREAGE: 70 2. Surface owner(s) of area of land described Name: Richard & MargaretAddress: 7250 Weld County Rd. Phone: 776-1045 Name: \'09' Address: Lb Phone: 3. Owner(s) Qf mineral rights to subst nc to be mined Name: Richard & Margaret 7250 Weld County Rd.d phones 776-1045 Name: Vogl Address: Phone: 4. Source of applicants Legal Right to enter and to mine on the land described: Notar vPd Statement (Attach Certified Copy of any Document noted to the Back of This Form) 5. Address of applicant and general office Applicants address: 2130 So. 96th Street BroomfielOhone: 666-6657 General Office address: L13u 5o. votn Street tiroomr1e done: 666-b657 6. Identify any prior permits for open cut mining held by applicant or affiliated . person: nPl raminn Pit Tarr_ei t 7. Description of Operation a. Types and number of operating and processing equipment to be employed: SrrapPrs, l naders harkhrip FerPPni n9, washing, and rrusJii nrj plant . b. Maximum number of employees: _ 3 , and number of shifts: 1 c. Number of stages to be worked: 4 , and periods of time each is to be worked: 1 year d. Thickness of mineral deposit: 12-15 feet, and thickness of the overburden: 0-2' e. This will be a wet/dry pit operation f. Site entrance/exit points and county roads and bridges to be utilized between site and delivery point(s) (must be coordinated with County Engineer) : Entrance is via Weld County Road 26. Ninety percent of travel will be via Weld County Road 26 east to Weld County Road 13, north to existing pit east of Weld County Road 13. len percent of travel wall be south on Weld County Road Z6, west on weld county woad 24-1/2, south on Weld County Road 11 , west on weld county rcoaa Z4 to i-25. 8. Description of Rehabilitation a. Proposed rehabilitation land use(s): Open space/ponds b. Source of technical advice for reclamation: Rindahl & Associates, Inc. 2305 S. Syracuse Way, #217 Denver, Colorado 88231 696-6846 c. Explanation of Reclamation Process: Pond slopes, plant sites and haul roads will be scarified tp a depth of 4-6", fertilized with 18-46-U at a rate of 250 lb./acre, seeded with an appropriate rangeland mixture of native grasses. Seed will be planted 1/4" to 1/2" in depth. Native hay mulch will be applied at the rate of 2 tons per acre followed by crimping. All slopes to be seeded will be graded to a maximum angle of. 3h:1v. I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF Denver STATE OF Colorado r Sigl td/re t rrner7Authorized Agent' subscribed and sworn to before me this 18th day of June 1984 • • SEAL NO ARY PUBLIC My Commission expires Nnvpmhpr 23. 19R7 EXHIBIT O SOURCE OF LEGAL RIGHT TO ELVTEFZ The operator has the legal right to enter this pit as indicated by the following certification. I certify that Varra Companies, Inc. operating Fit No. 5 has the legal right to enter and mine sand and gravel on the property described in this application. �- © "i gned and sworn to me this day of _ PI 194107 . C1X-ag_14( r � -1."ate4PC) o ary Public 2/3O S. 965�f, My tram.;�is..on Expire; March 25, 199 My commission expires C}-1 REFERRAL LIST APPLICANT: Verra Companies, Inc. , Pit #5 CASE NUMBER: USR-642:84:38 SENT REFERRALS OUT: June 25, 1984 REFERRALS TO BE RECEIVED BY July 25, 1984 m m m o m o tj H H Z F <q 2 W H R p0 H U U Wz O '� fr cn -, W E cai) t H {' PI HO V O Cli Ca 0O 0 O FS z co z z41 C_1 0 o a z County Attorney (plat only) / Louis Rademacher V Planning Commission Member / Weld County Health Department 13184 Weld County Road 13 Jac._ Longmont, Colorado 80501 Engineering Department J / Captain William R. Emerson ". County Extension Agent / Longmont Fire Protection Dist. I 9119 County Line Road Longmont, CO 80501 XX Office of Emergency Management Dan Bogart, Wildlife Biologist ✓ Colorado Division of Wildlife Colorado Interstate Gas Co. Northeast Region P.O. Box 1087 317 West Prospect / Colorado Springs, CO 80944 Ft. Collins, CO 80526 473-2300 / St. Vrain and Left Hand Water V/ Conservancy District c/o Wally Grant / • �i State Engineer P.O. Box 978 V/ Division of Water Resources Longmont, CO 80501 1313 Sherman St. , Room 818 Denver, Colorado 80203 Rural Ditch Company c/o David Camenisch, President - State Highway Department 2598 State Highway 119 1420 2nd Street Longmont, Colorado 80501 --.4 Greeley, Colorado 80631 AMOCO Production Company Colorado Department of Health c/o Claud Neeley Water Quality Control Division Room 2042, AMOCO Building 4210 East 11th Avenue P.O. Box 800 Denver, Colorado 80220 Denver, Colorado 80202 830-4040 Longmont Soil Conservation Sery 9595 Nelson Road P.O. Box D Longmont, CO 80501 776-4034 RICHARD D. LAMM �Q of Cpl`�` N. Q` JERIS A. DANIELSON Governor State Engineer *_/876j/ OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 July 24, 1984 JUL 301984 Mr. Michael S. Mullen Weld County Planning Department Weld Co. Planning Commission 915 10th Street Greeley, CO 80631 Re: Varra Companies - Pit No. 5 Dear Mr. Mullen: We have received your request to review an application for a gravel pit 1-1/2 miles east of I-25 on Weld County Road 26. In Section 37-92-502(2) , CRS (1973) , it is stated that "each Division Engineer shall order the total or partial discontinuance of any diversion in his division to the extent the water being diverted is not necessary for application to a beneficial use; and he shall also order the total or partial discontinuance of any diversion in his division to the extent the water being diverted is required by persons entitled to use the water under water rights having senior priorities...". Since Varra Companies plans to construct a gravel pit but does not claim that the created lake will be put to beneficial use, the resultant evaporation from the lakes will be considered a wasteful use of the ground water to which senior. water rights are entitled. We will order Varra Companies to cease operations if excavation of the gravel pit is initiated without any intent to put the ground water to beneficial use. In order to avoid being ordered to cease operations, Varra Companies will have to state how the ground water will be put to beneficial use. The report states that wildlife will use the lakes and that there pos- sibly could be an increase in the amount of waterfowl. The report states that the landowner does not intend a beneficial use to occur from the existence of the pond. Wildlife usage of the ponds is a recognized beneficial use under Colorado statutes. Thus, even if the applicant does not claim a beneficial use of the reclaimed pond, it is the position of the State Engineer's Office that the applicant would need a well permit since the source of the water for the ponds is ground water. Varra Companies will have to obtain a well permit before beginning to excavate to avoid being in violation of Section 37-90-137, CRS (1973) . The correct procedure to obtain a well permit is as follows. Varra Com- panies should first file for a well permit with this office. The well permit Mr. Michael S. Mullen Page 2 July 24, 1984 will be denied since the proposed gravel pit is located in the over-appro- priated South Platte River basin. Before receiving this denial, Varra Companies could submit a plan for augmentation to the Water Court. The aug- mentation plan should replace the out-of-priority consumptive use associated with lake evaporation and any other out-of-priority consumptive uses. Upon the court's approval of the plan for augmentation, this office can issue the well permit. The Water Court can only act upon the plan for augmentation after we have denied the original well permit application or if we have not acted upon the well permit application within six months. The application indicates water will be required for washing and dust suppression. What will be the source of supply? Varra Companies will not be able to use water in the pit for the mining operation unless replacement water for the additional consumptive use is included in the plan for augmentation and well permit. The application states that the landowner will provide make-up water for dust suppression and wash water. Varra Companies cannot use water owned by the landowner for industrial purposes or as replacement water unless the water right owned by the landowner is decreed for industrial use. If the right owned by the landowner is an irrigation right, it cannot be used without approval from the Division 1 Water Court in a change of use proceeding. We will review any change of use application or augmentation plan in detail when it is filed in the Water Court. The water rights the landowner owns could potentially form the basis of the required augmentation plan discussed in this letter. In summary, we cannot recommend approval of this application until the issues discussed in this letter are addressed. Further, we will order Varra Companies to cease operations if our Water Commissioner determines ground water is being exposed or pumped out without a well permit or water is being diverted illegally. Sincerely, d 14.930- Hal D. Simpson, P.E. Assistant State Engineer HDS/RLS:ma/3104 cc: Jim Clark, Div. Eng. Donald Palmer, Water Comm. C . C T AMOCO Amoco Production Company Southern Division 1670 Broadway P.O.Box 800 Denver,Colorado 80201 303-830-4040 D. G.Wight Division Production Manager July 17 , 1984 Ci corer" Department of Planning Services - Weld County Centennial Center JUL N( 198 915 Tenth Street Grew ey , Colorado 80631 — File: MAS-647-LF Weld Co. Planning Commission Gentlemen: Case Number USR-642 :84 : 38 Amoco Production Company (Amoco) is a lessee under oil and gas leases covering lands involved in the above referenced case. As such, Amoco would like to take this opportunity to point out that there are on-going oil and gas operations in the area, and that there is the possibility of additional development in the future. Amoco respectfully requests that any permit issued be con- ditioned upon Amoco' s access remaining undisturbed. Addi- tionally, Amoco would request that a buffer of 200 feet be maintained around *ells and tank batteries . Subject to these concerns, Amoco has no objection to the proposed activities provided that cooperation with regard to operations can be achieved, and in that regard would request that the applicant communicate directly with Mr. Bill Ray, District Foreman, Montbello District, P.O. Box 39200 , Denver, Colorado 80239 . AMOCO PRODUCTION COMPANY 9), C / gar BY D. G. WIGHT DIVISION PRODUCTION MANAGER SAS/kse cc: Neal Peters - Building Bill Ray - Montbello Colorado Interstate Gas Company P.O.BOX 1087•COLO.SPGS.,CO 80944.(303) 473-2300 m July 13, 1984 Weld County Department of Planning Services 915 Tenth Street Greeley, Colorado 80631 Attention Mr. Michael S. Mullen Current Planner Re: Wattenberg F-25 and F-26 Case No. USR-642:84:38 DPar.Mr. Mullen: Regarding your referral of June 25, 1984, covering the proposed gravel pit of Varra Companies, Inc. , our company has the following requirements: 1. No digging or minim can take place within twenty-five feet of our pipeline and a 3:1 slope should be main- tained from this point to the base of the mine to reduce or control erosion. 2. There will be no blasting in the gravel pit area. If circumstances require blasting, our company must give prior written approval. 3. Haul trucks should cross our line only at crossings approved in advance by our East Denver Office, (303) 364-2631. If deemed necessary, the owner may be required to case our pipeline at said crossing loc- ation. 4. No heavy equipment should move back and forth across easement. We request that these requirements be included among conditions for approval. Please advise us of the hearing date before the Weld County Planning Commission. continued. . . Weld County Department of Planning Services July 13, 1984 Colorado Interstate Gas Company e Page 2 If you have any questions, please call me. We appreciate your assistance and cooperation. Yours truly, r etc Floyd C.LRnbertson Senior Land Agent FCR:jm • JUL 16 1984 Weld Co. Planning Commission ffiAisH(r- ®RAn®ur Illik Planning Department T, Michael l S. Mullen Date July 3, 1984 COLORADO From Donald R. Carroll , Administrative Manager - Engineering Department Subject: Varra Companies, Inc. - Pit #5 - USR-642 :84:33 Is the access road from County Road 26? Upgrade base with Class 6 A.B.C. .and pave with 3" H.B.P. 24 feet wide with 4-6 foot shoulders , from pit entrance to Road 13 intersection. No traffic should be allowed west of entrance. Haul routes should be posted at pit exist showing direction of haul road. Maintenance agreement needed on road 26 and 13. Share with other users . DRC/bf ft 1 i0 6 DEPARTMENT OF PLANNING SERVICES 5\ri Yi PHONE 1303) 3564000 Ext-4400 1 .i 1 915 10TH STREET GREELEV.COLORADO 80631 . COLORADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on August 7. 1984. at 1:30 p.m. to review a request for opprovdi o- a Use by Special Review Minin2 Permit for an Open-Cut Wet Gravel Pit for Varra Companies, Inc. , Pit ;r5 on a parcel of land described as Ell SWZ, Section 36, T3N, R68W of the 6th P.M. , Weld County, Colorado containing 70 acres, more or less. This public hearing to be held by the Weld County Planning Commission for the consideration of the above referenced request will be conducted in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 915 10th Street, Room 342, Greeley, Colorado 80631, before the above date or presented at the public hearing on August 7, 1984 . Copies of the application are available for public inspection in the Department of Planning Services, Room 342, Weld County Centennial Center, 915 10th Street, Greeley, Colorado (356-4000, Extension 4400) . Bob Ehrlich, Chairman Weld County Planning Commission To be published in the: La Salle Leader To be published one (1) time by: July 26, 1984 Received by: 9 / Date: ry 6 7 , AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property Varra Companies, Inc. - Pit #5 STATE OF COLORADO ) ss. COUNTY OF WELD THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property subject to the application. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records , or from the records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty (30) days of the application submission date. yte,i/ • The foregoing instrument was subscribed and sworn to beforeme this day 9_,1_/12£' , 19 `1 / by 107111-e/ f1 ff. lift 4u,I WITNESS my hand and official seal . My Commission expires : My Commission Expires November 23, 1981 idtiyEA V? 76.1‘ Not ry Public • C Mailing List USR-642 Varra Companies, Inc. Surrounding Property Owners Frank Barnes 5178 Weld County Road 28 Longmont, CO 80501 Conrad Dale & Martha Ann Hopp c/o Robert L. & Winnifred J. Siegrist 6999 York Street Denver, CO 80229 Construction Leasing Investment, Inc. 7000 York Street Denver, CO 80229 J Bar B, Inc. c/o J. L. Bailey P.O. Box 486 Georgetown, Colorado 80444 Richard J. & Margaret L. Vogl 7250 Weld County Road 26 Longmont, CO 80501 Colorado Interstate Gas c/o Floyd Robertson P.O. Box 1087 Colorado Springs, CO 80944 Amoco Production Company P.O. Box 800, Amoco Bldg. Denver, CO 80202 Attn: Land Dept. - Carl Ownbey AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No. Subject Property Varra Companies, Inc. - Pit #5 STATE OF COLORADO ) ss. COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land which is the subject of the application as their names appear upon the records in the Weld County Clerk and Recorder's Office, or from an ownership update from a title or abstract company or an attorney. The foregoing instrument was subscribed and sworn to before me q / this day of 4.1UL2C , 19 7YBy `AAA/ /. 1111/A714.-in // WITNESS my hand and official seal . My Commission expires : My Commission Expires Novemher 23, 1987 154.7_4_ ,gin Notary Public • Vatra Gravel Company Ptopooed Pit Number Five Case Number. USR 642:84:38 My name .is Diane A.ites. I live at 4919 Weld County Road 24 3/4, Longmont, Colorado. 1 am speaking in behalb 06 the xeo.idents living in the aroa5 06 toads 11 1/4 south to 24 3/4 and west to 9 3/4: The toads which I've just listed had originally been designated as one 06 the haul xoutea the Vatra Gravel Company proposed to transpatt their gavel. We, the xesident5, voiced opposition to said route, thus tesulting in an .in6onmal meeting with Chtis and Lou Vatra and the residents along the proposed haul toute. None 06 us opposed the mining 06 the gravel, just the haul route. /Wet meeting with the Vavtas, they diced agree to route .thew tluicks dutectly east 6tom the proposed pit thus eliminating the truck ttcgiic in out area. We, the tea dent,, thank Chris, Lou and Mt. RendcIP box their pant in working with us and bringing about an agreeable solution to both panties. In tight 06 this matter, I have been asked to speak in behal6 06 the people who are being e66ected by this and butane mining in out area. This area being that which is bordered on the north by WCR 28, on the south by WCR 24, on the east by WCR 13 and on the west by the 6/Lontage toad 06 I-25. The proposed Vav= pit will be the 6outth mining apetation in said area and the &eoidento cute xequesti.ng that the Planning Board and Board 06 Commiss.ionehs look at the geological maps 06 this area, a map OS the homes located in this area and reports on the existing toad conditions in this area. We then request that the Comm.issionex5 set some type o5 guidelines to enowte that the residents are not totally swallowed up by the mining .industry. We all know the gravel is needed and the demand is high. We bee. the Planning Commission and Board 06 Commissionehs need to instill some measute 06 con6Ldence in these xeo.ident5 that out homes will retain a reasonable market value in view 06 the extensive mining and that out basic health and wel6axe tights are protected. We beet that the CommiooLone/s should propose that any buture operators wanting petm.Lto to mine in this same area be required to meet with the residents near the pit noels as well as xeo.idento located along the haul routes. A good relationship between the mine operators and residents will thus make the Commissioners' jobs 06 granting their permits tun mote smoothly and mote quickly. Finally, i6 the mine operators were to consolidate thew haul &mutes when wanking side by side in the same area, this would keep the dust and toad trabbi.e limited to one area least eb5ecting the residents. We xequeot that the Planning Commission 4o/Luand a copy 06 our pxaoentation to the Commissioners. Any responses 6/Lom them on our suggestions will. be gxeatiy appreciated. I thank the Planning Commission 60& the time to speak and also -to xemi:nd all 06 you that people live in Weld County, too. Thank you. Any xebponse 6&om the Commissioners may be mailed dirert€y to me and I will distribute to the residents 06 said area. Diane Aites 4919 Wad County Road 24 3/4 Longmont, Colorado 80501 Phone 772-6585 Denver Metro ( 1303)651-3892 303) 442-0994 T . . (1(4f?rtes August 3, 1984 QUARTER HORSES TO FIT YOUR NEEDS Department of Planning and Zoning 915 Tenth Street Greeley, CO 80631 RE: Varra Companies, Inc. - Pit #5; Case USR-642:84:38r Dear Sirs: This letter is in connection to the proposed mining of, the Vogl property E}, SW4, Section 36, T3N, R68W of the 6th P.M. , Weld County, CO. I am not opposed to these mining plans but I am very much opposed to the proposed truck routes and traffic. It is programmed for 40 trucks or 80 round trips daily using Weld County Roads 26, 11 1/4, 24 3/4 and 9 3/4. Because of the opposition to the truck routes the neighbors living along these roads had a meeting with Louie and Chris Varra and their Developer, Gilbert Rindahl. It was agreed with Varra at this meeting: 1 . That all trucks will come East along Weld Co. Rd. 26 and then north up Weld Co. Rd 13 to the existing Varra pit. 2. That there would be no trucks using Weld County Roads 11 1/4, 24 3/4 or 9 3/4. 3. That an alternate truck route off of Weld Co. Rd. 26 will be found. 4. That if Weld Co. Rd. 26 has to be the haul route, that there be a posted speed limit, both sides of the road to and from, of 25 m.p.h. , no more no less. The current speed limit is 5612 Weld Co. Rd. 26 • Longmont, Colorado 80501 USR-642:84:38 -2- 4ugust 2, 1984 55 m.p.h. 5. That there be a dust suppressant of water and/or emulsion used during operation of the trucks. 6. That all requests and resolutions of this Case be extended to any Operator of this Case and Permit. 7. That all requests and resolutions of this Case be made a part of and recorded with the minutes of this Case. Even though we were not able to resolve all our problems, I would like to express my appreciation to Chris and Louie Varra and Mr. Rindahl for their time and willingness to help us work out our problems. The only problem that still exists is what to do with the trucks using Weld Co. Rd. 267 My property is up for sale and fronts this road and this proposed truck traffic will hinder the possibility of a sale. I would like to make an appeal to the Planning & Zoning Commissioners to consider three (3) things: 1 . That the permit not be issued until an alternate truck route off of Weld Co. Rd. 26 (that section west of W. C. R. 13 to W. C. R. 11 1/4) has been established. 2. That there be better co-ordination in the Planning and Zoning Department with the Developers and Operators to establish haul • routes that do not interfere with Farming and Residential areas. 3. That there be no future use of Weld County Roads 26(that section west of W. C. R. 13 to W. C. R. 11 1/4) , 11 1 .4, and 24 3/4. Respectfully, 1rri Hillt Varra Companies, inc. Pit No. 5 Application for _ Use By Special Review Permit in Weld County►, Colorado June 18, 1984 PREPARED BY RINDAHL AND ASSOCIATES 2305 S. SYRACUSE WAY SUITE 217 DENVER, COLORADO 80231 Gilbert F.Rindahl,P.E. C.Jay Si'vernal. Bruce G.Rindal Rlndahl a Associates • 2306 S.Syracuse Way • Suite 217 • Denver,CO 80231 • 13031 696-6846 PROJECT OVERVIEW Varra Companies, Inc. proposes to mine sand and gravel at a site located one and one-half.miles east of 1-25 on Weld County Road 26 approximately 4810 feet above MSL. The operation is in Weld County. This application is being submitted to the Colorado State Mined Land Reclamation Board in order to obtain a 112 permit for the operation. The application is for 70 acres. In conformance with all applicable rules and regulations, background information on the site and the nature of the proposed operation is presented in the following application. This application has been prepared by: . Rindahl & Associates, Inc. 2305 S. Syracuse. Way Suite 217 — Denver, Colorado 80231 This application contains proprietary information and express permission of the operator or preparer must be obtained to reproduce any part thereof. Sincerely, t„tnt1etean.� ,rdF;e nits F. �N4�'�. RINDAHL & ASSOCIATES, INC. ty ..0w to I: Ifrett Al11148il art F. Rindah , P.E. 1.p3°. % r. President ' ll .Fs o4, LfF cot..... A Engineering& Environmental Services • �' • cp•Co a DEPARTMENT OF NATURAL RESOURCES ,fricw ,/,, David H.Gelatin Executive Director 264316 * DAVID MINED LAND RECLAMATION DIVISION DAVID C.SHELTON,Director Richard D.Lamm Governor — ..- REGULAR (112) PERMIT _ APPLICATION FORM — Application for Mining and Reclamation Permit, Pursuant to C.R.S. 1973, 34-32-101, et sea, as amended. — (Type of Print Clearly) Varra Pit #5 1. Name of Operation (pit, mine or site name) — 2. Name of Applicant/Operator Varra Companies. Inc. (name to be used on permit) — 3. Address and Phone Number of 2130 So. 96th Street Local Office Broomfield, CO 80020 666-6657 — 4. Address and Phone Number of 2130 Sn. 96th Street General Office Broomfield, CO 80020 666-6657 — 5. Name and Phone Number of Person Gilbert F. Rindahl Rindahl & Asvnriate¢, inr Staff Members Should Contact 696-6846 — 6. Parent Corporation, If Any I N(iNF (include name and address) 7. Owner(s) of Record of Affected Rirnard 1 and Mar5ora+ L Vaal Land (surface area) — (if more than two, list in EXHIBIT P) — 8. Owner(s) of Substance to be Rirhard 1 and Marr3arat I Vng1 Mined (if more than two, list I in EXHIBIT P) -2- - 9. Source of Legal Right-to-Enter Notarized statement (indicate what type of proof is ' included in EXHIBIT 0) See Rule 34-32-112(2)(d) 10. Type of Mine and Substance to Open Pit; Sand and gravel be Mined (specify underground, open pit, quarry, etc. and substance(s) to be mined 11. General Location and Elevation 11 1-1/2 miles Past of T-75 nn Weld rnnnty Rnnri 7!, (miles and direction from nearest town and approximate ' Elevation = 4810' site elevation 12. County Weld - 13a Total Surface Acreage to be In- cluded in Permit (Rule 1.1(2)) 70 acres — 13D Total Acreage of Affected Lands (Rule 2.11(14)) 70 acres 14. Application Fee (see Rule 2 to $1 ,000.00 determine amount, based on permitted area) 15. Present Land Use (i.e., agri- Agricultural cultural, industrial, etc.) — 16. Surrounding Land Uses Agricultural/mining 17. Proposed Future Land Use (final Open space use after reclamation) 18. List Mining Operations Currently NONE In Violation of the Act. (See 34-32-120) 19. The Lands Herein Do Not Affect Affirmation any of the Lands Described in Section 115(4)(f) of the Mined Land Reclamation Act. (specify affirmation) _ • -3- MAPS AND EXHIBITS With each of the five (5) copies of the application form, the applicant must submit a corresponding set of the maps and exhibits outlined in rule 2, as follows: 1. EXHIBIT A - Legal Description 2. EXHIBIT a - Index Map _ 3. EXHIBIT C - Pre-Mining and Mining Plan Map(s) of Affected Lands 4. EXHIBIT D - Mining Plan 5. EXHIBIT E - Reclamation Plan 6. EXHIBIT F - Reclamation Plan Map — 7. EXHIBIT a - Water Information 8. EXHIBIT H - Wildlife Information 9. EXHIBIT I - Soils Information _ 10. EXHIBIT J - Vegetation Information 11. EXHIBIT X - Climate 12. EXHIBIT L - Reclamation Costs 13. EXHIBIT N - Compliance with Local Zoning (See 34-32-115(4)(e) and 109(6)&(8) - 14. EXHIBIT N - Other Permits or Licenses (See 34-32-115(4)&(4)(c) 15. EXHIBIT 0 - Source of Legal Right-To-Enter (See 34-32-112(2)(d) 16. EXHIBIT P - Owners of Record of Surface • and Subsurface Rights (See 34-32-112(2)(b)&(c) • NOTICE OF PROCEDURES — After the application is considered "filed" (pursuant to Rule 1.1(10) with the Mined Land Reclamation Division, notice procedures outlined in Rule 2.2 must be followed. (Format for such notices will be included in the letter you receive from the MLR staff informing you of the Completeness ("filing") of your application.) COLORADO WATER LAWS The permittee is encouraged to contact the State Engineer, with regard to the administration of water rights, and the Colorado Department of Health, with regard to the discharge of pollutants into the waters of the State. Violation of Colorado water laws could result in enforcement actions taken by the State Engineer and/or the Colorado — Department of Health. -4- ADDITIONAL INFORMATION This space can be referenced for further information of any of the items in this form. • To the best of my Knowledge, all the information presented in this application is true and correct. Date: May 29 . 1984 8y: () � title (Signature by individual legally authorized to bind the operator to this application) (Rev. 9/83) Doc. No. 5547 E X H 1 9 I T 4N LEGAL IDESCR I PT I QM The permitted area for the Varra Companies, Inc. Pit No. 5 is located within the E 1/2 SW 1/4 of Section 36, Township 3 North, Range 68 West, less 14 acres along the south end of said section, - comprising approximately 70 acres in Weld County. • A-1 EXHIBIT H INDEX MAP The Index Map is included on the Pre-Mining Map (Exhibit C) , Sheet 1. of 2. • B-1 EXHIEcIT C 1=1 hi I N I htG AND hh I.M I NI 1=1 1•4 Ai`S Located on Sheet 1 of 2 in the map pocket. C-1 E3CHI � IT 13 MIRIING P _ I4 The mining operation will be dry. The excavation will be dewatered at the start of the mining operation. Mining will proceed from the northern edge of the property and move toward the south. Topsoils and subsoils will be stripped by scrapers or front end loaders and stockpiled on _ locations shown on the mining plan map . Aggregate to be mined will be removed by loaders and deposited in the area of the processing plant. During the first phase of mining, material will be trucked to the existing plant site at Varra Pit #4, one mile east and 1/2 mile north of this permit area. Earthmoving will be conducted in three phases. Phase I will be the removal and stockpiling of topsoils and subsoils. Phase II will be the removal of the aggregate material by loaders. Phase III will be the replacement of stockpiled soils. Phases I — and II will be conducted by scrapers or front end loaders. There is no water diversion expected. A drainage ditch, exhibiting perennial water flow, which runs through the property from west to east will be allowed to continue. Mining operations will approach the ditch no closer than 25 feet and will disrupt neither quality or quantity of flow nor the structural integrity of the ditch. Since the canal channel is clay sealed and will remain undisturbed, no excessive lateral or downward water pero- lation is expected to occur due to mining. The maximum area to be mined during a one year period will be 11 . 4 acres. The plant site will require approximately 3 acres. The access road will be no more than 1000 feet long and 24 feet wide will be for a maximum area of . 5 acres. The area of the road disturbance will reduce as the mining moves southward. The timetable of mining will take place in four stages as shown on the mining map. Each stage is expected to be finished during one year of operation. A strip approximately 50' X 900' will be mined each month . Each stage will be mined from north to south. Topsoil and subsoil depths vary from 6" to 30" with an average depth of about 14" . Maximum depth to the bottom of the aggregate material is 17 feet. D-1 Phase I will involve lifting the top 12 to 16 inches of available topsoils and subsoils from the Aquoll , Aquent and Altvan loam soil zones. The 10 to 15 feet of sand and gravel substratum below the subsoil layers will be removed as part of the mining operation. Also during Phase I , the estimated 24, 000 cubic yards of salvaged topsoils and subsoils will be stockpiled at the point indicated on the Mining Plan Map. Stockpiles will have uniform outer slopes of 2: 1 or gentler to facilitate revegetation. The b acres of shoreline to be reclaimed will be uniformly _ covered by approximately 12" to 16" of stockpiled soils. The approximately 72, 800 cubic yards remaining after soil distribution will be used for backfilling and the construction of islands in the future pond areas. The stratum immediately beneath the material to be mined is the Pierre Shale. D-2 EXHIBIT E FRECLAMAT I DI\1 1`"LAh1 - Final reclamation will result in two ponds totalling approxi - mately 42 acres. The pond embankments constructed during recla- mation (3 acres) and the plant sites (3 acres) will be revege- tated with native grasses. The haul road which totals approxi- mately . 5 acres will largely be obliterated as it is mined through. The approximately 1200 square feet of haul road which lies outside of the areas designated as future ponds will be revegetated as part of the pond embankment. The remainder of the haul road which lies east of the ponds will remain as an improved access road. The total area requiring reclamation will be approximately 6. 0 acres. The remaining approximate 15.5 acres of leased land will remain undisturbed. A three phase earthmoving operation will be implemented at the proposed mine site. Phase I will involve the removal and stockpiling of topsoils and subsoils. During Phase II , the exposed aggregate material will be removed by loaders. Phase III entails the replacement of salvaged material . Phases I and III will be conducted using loaders or scrapers. The reason for the selection of a pond as a post-mine use is that there is insufficient material remaining as waste to com- pletely fill the void where gravel was removed. This immediate geographical area has historically been and continues to be, mined for sand and gravel deposits. The end use of a pond and native grasses is also compatible with the naturally occurring wetlands and open spaces common to the area. The landowner does not intend for any of this land to be for recreational public use. Grading Grading will be planned to provide a slope of 3: 1 from the undisturbed terrain to 10 feet below the expected water surface. It is not anticipated that at any point will slopes be steeper than 3: 1 above the point 10 -feet below the waterline when the slope will be 2: 1 . Where backfilling is required , the operator will insure proper compaction for stability. There are no toxic materials in the mining area and none will be introduced. There are no toxic or acid producing materials associated with the mining operation. No refuse will be mined. E-1 There will be no drill or auger holes, addits or shafts constructed as a part of the mining operation. Slopes will not exceed 7, horizontal to 1 vertical from the undisturbed land to 10 feet below the surface where the slope will be no steeper than 2 horizontal to 1 vertical to the bottom of the excavation. Swimming is not to be allowed during of after reclamation. Reclamation will not involve agriculture or horticulture. Water Disturbance to the hydrologic balance will be minimized by A. Compliance with applicable Colorado water laws and regulations governing injury to existing water rights; B. Compliance with applicable Colorado and Federal water quality laws and regulations; • C. Compliance with applicable Federal and Colorado dredge and fill requirements; D. Insuring that no temporary or large siltation structure will be a part of the mining or reclamation plan. There will be no earth dams constructed as a part of the mining or reclamation plans. See Exhibit G for further information on hydrology. Wildlife All aspects of the mining and reclamation plan will take into account the safety and protection of wildlife on the mine site. There will be no habitat management as a part of the reclama— tion plan. The reclamation plan as outlined here insures the rehabilitation of wildlife habitat. However, practices such as animal transplants, construction of special habitat areas, etc. , considered wildlife habitat management programs, are not consis- -- tent with the designated post mine use for the area and will not be undertaken during any phase of reclamation. See Exhibit H for further information concerning wildlife. E-2 Topsoilinq Topsoiling in this context refers to the post-disturbance spreading of salvaged soils. The post mine distribution of stockpiled • soils consisting of both topsoils and subsoils will therefore be qualified as topsoili•ng. Topsoils and subsoils will be removed and segregated from the underlying sand and gravel . The first topsoils and subsoils to be stripped will be stockpiled as indicated on the mining plan map . This stockpile will be seeded with the seed mix indicated in the revegetation section. Establishment of a vegetative cover on stored soils serves as insurance against nutrient and soil loss. Seeded species also invest soils with desirable seeds and rhizomes capable of regeneration following soil placement. This material will remain in place until the final phase of reclama- tion_, at which time it will be placed on the southernmost shore- line of the last area requiring reclamation. Due to the method of mining, topsoils and subsoils removed on sequential cuts will be used for reclamation of the shoreline immediately north of operations. These soils will be used within 30 to 60 days of removal . Therefore, deterioration is not expected to occur due to chemical or physical changes. Woody vegetation which exists on site will be protected and left in place. Watering will be provided if it appears that water deprivation due to mining exceeds tree demands for water. The temporary stockpiling (30 to 60 days) of soils will be in narrow and low berms with outside slopes no steeper than : 1 . This is a configuration that will protect the stored soils from wind and water erosion and enhance revegetation efforts. The mining method and method of soil removal and replacement ensure minimum handling. Replacement of soils on graded slopes will produce optimum tilth for seed application. Compaction will be adequate to provide stability on slopes but not enough to disrupt natural soil structure. The plant-growth medium replacement will be done in an even manner and to a depth of 12 to 16 inches. The presence of calcium and the low pH of affected soil restricts the availability of phosphorus to plant species. The unavoidable mixing of calcium containing subsoils with topsoils further obstructs phosphorous availability in the post mine plant growth medium. Additions of nitrogen to disturbed soils will help alleviate nitrogen shortages which inevitably occur upon application of carbon rich hay mulch. For these reasons, additions to the soil of both nitrogen and phosphorous are required. E-3 Diammonium phosphate ( 18-46-0) is intended for application on all areas slated for revegetation. The application rate for this fertilizer will be 250 pounds per acre. Fertilizer may be in the bagged or bulk form. The fertilizer is to be broadcast prior to soil scarification, and then worked into the soil using an appro- priate sail preparation implement. As prescribed, this soil amendment will alleviate the growth limiting shortages of both nitrogen and phosphorous until pre-disturbance nutrient cycles and rates are restored. Revegetation The affected area will be reclaimed as shoreline, with the exception of about 42 acres as a pond. The revegetation procedures outlined below will be imple- mented on disturbed areas within the permit area and on stockpiled soils. Seeding will be performed annually on un— treated areas which have been recontouryd and topsoiled. Seeding operations will take place during either the fall (August 1 to October 31) or the spring (March 15 to June 15) . Species and quantities comprising the mixtures have been chosen according to their adaptability to site conditions and climatic conditions at the time of seeding. Prior to seedbed preparation, diammonium phosphate ( 12-46-0) will be spread over the disturbed area at a rate of 250 pounds per acre. Following fertilization, the seedbed will be thor- oughly tilled to a depth of 4 to 6 inches. Seed will then be drilled to a depth of 1/4" to 1/2" in the seedbed. Seed will be drilled in two directions, the second seeding pass will be done perpendicular to the first. Following drilling operations, native hay mulch will be spread over the seeded area • at a rate of 1 . 5 tons per acre. Within 24 hours of mulching, the straw will be crimped 1 " to. 4" into the soil using coulter type _ discs with centers no more than 18" apart. Crimping will also be done in two directions, with the second crimping pass done at a right angle to the first. Premature grazing will be detrimental to newly established plants. Grazing will therefore be restricted on reseeded sites until grasses have set seed the second growing season after revegetation. Implementation of a grazing program necessitates the existence of a barrier. The barbed wire fence presently surrounding the pit area will provide the controlled access demanded by a livestock grazing program and will therefore remain intact throughout the mining process. E-4 In the event accessibility to seeding areas becomes a signi ficant factor, seed, fertilizer and hay may be hand broadcast. Revegetation by broadcast methods will be deemed appropriate if the mine site is too muddy and/or rocky to allow access to machinery. However, all areas which are accessible and firm enough for vehicular travel will be treated by the mechanical revegetation measures outlined above. The sequence of revegetation procedures for broadcast seedings will be the same as those outlined for mechanical reve— getation. Hand distribution will require that the specified rates for drill seeding be doubled. After seed and fertilizer have been spread, these two products will be raked into the soil to a depth of 1/4" to 1/2" . Straw mulch will be hand crimped or covered with a light layer of soil . Mulch anchoring by either of these methods assures appropriate seedling microclimate modifica— tion until seeded species become established. The following seed mixes are proposed to insure the greatest probability of success and are based on existing plant assoica— tions at the site and future needs in terms of site stability and plant community permanence. The following mix will be used for fall seedings. Fall Seed Mix (August 1 to October 31 ) Percent Species lbs. PLS/Acre Seeds/ft2 of mix/ftz Streambank wheatgrass 2. 0 7.2 18. 0 Smooth brome 1 . 0 2 8. 0 -- Buffalo grass (Native) 4.7 6. 0 15. 0 Blue grama . 3 4. 8 12. 0 Switchgrass . 5 4. 8 12. 0 _ Alkali sacaton . 1 4. 0 10.0 Western wheatgrass 4. 0 10. 0 25.0 12. 6 44. 8 100. 0 If seeding is to be done in the spring, the specified seed mix will be altered with regard to the warm season grass species comprising the mixture. In the event that spring seeding is to occur, the following species and rates are to be used in conjunction with the revegetation techniques specified within this section. E-5 Spring Seed Mix (March 15 to June 15) Percent Species lbs. F'LS/Acre Seeds/ft2 of mix/f t2 Streambank wheatgrass 1 . 6 5.6 14. 0 Smooth brome 0. 8 ?. 4 6. 0 Buffalograss (Native) 6. 2 8. 0 20„0 Blue grama . 4 6. 8 17. 0 Switchgrass .4 3. 6 9. 0 Alkali sacaton 0. 2 6. 4 16. 0 Western wheatgrass 2. 9 7. 2 18. 0 1'7. 5 40 100. 0 This amendment to the fall seed mix is a precaution which is critical to the timely establishment of warm season species. The increased seeding rate for warm season species at least partially nullifies the competitive advantage early growth forms exhibit far resources crucial to the survivial of both grass seasonalities. Both mixes will provide for the earliest possible establishment of a permanent, diverse vegetative community. Weed control will be by mechanical means if weeds do become a significant percentage of the plant community. A significant percentage would be considered 30 percent by aerial cover. If mechanical means prove inadequate, chemical weed killers recom- mended by a recognized agency or institution, i . e. , Soil Conser- vation Service, Agricultural Extension Service, etc. , will be used as long as the recommendation conforms to State and Federal laws. Fire lanes will not be required since the area will not be forested. No deposit or disposal of refuse is anticipated. No adverse chemical , physical or surface features are expected. The implementation of the reclamation procedures and mixes proposed here will provide a pond with properly sloped and stabilized shorelines commensurate with the intended post-mining land use. Timetable Reclamation will be continuous throughout the mining opera- tion. As shoreline is created (northern edge first) , and the mining progresses southward , stockpiled soils material will be replaced along the banks and seeded as soon as practical . The first year, approximately 2000 lineal feet of shoreline will be created and approximately 100 feet per year (50' east and 50' west) until the fifth year when about 1000 feet will be exposed and reclaimed. E-6 The following timetable has been estimated for each annual phase of reclamation. Phase I - Remove and stockpile topsoils and subsoils. Phase II - Removal of aggregate. Phase III - Replacement of salvaged soils. Phase IV - Scarify, seed, fertilize and mulch for approximately 1. 5 acres of land. Final grading will be a 3h: lv slope from the undisturbed area to 10 feet below waterline. Seeding, fertilization, revegetation and topsoiling have been previously discussed in this section. E-7 E3CHII IT F FZECLAMAT I CI P•L.AN PI l='S See Sheet 2 of 2 in map pocket. F-1 E X H I B I T G UJATEF I IVFDF2PIAT I D 4 Water requirements for the proposed operation will consist of dust suppression for the haul roads. An estimated 5000 gallons of water per day will be used for dust suppression. Based on an operating schedule of 200 days per year, the proposed mining operation will require approximately 3. 1 acre feet per year. No processing of the gravel will take place during the ini- tial phases of operation. Material will be mined and transported to a separate processing plant. A screening plant may be installed during later phases. When utilized, the washing operation will require approximately 600 gallons per minute of recycled water. An estimated 10% of this water is lost due to spillage, leaks, evaporation, etc. or a rate of 60 gallons per minute. Lased on the proposed operating schedule, this will amount to approximately 22. 1 acre-feet of water per year. Make-up water for the dust suppression and plant washing will come from the landowners. The St. Vrain 100-year floodplain covers 90% of the permit area as shown on the Pre-Mining Map, Sheet 1 of 2. The flood- plain limits were obtained from Mr. William Stanton of the Colorado Water Conservation Board as delineated by Kucera and Associates. The mining area will be adequately graded to insure proper drainage from the site. Only one well is located within 1000 feet of the permit area, Well No. 105608. This well is located approximately BOO feet from the proposed mining area. The well is listed as 30 feet deep with a yield of 15 gallons per minute. Since the proposed mining operation will lower the water table in the mine pit approximately 15 feet, no effect on the existing well is anticipated due to the distance to the existing well . Figure G-1 indicates the wells located within one mile of the area and Table G-1 lists the depths, yields, and owners of these wells. Discharges from the site will be monitored in accordance with the NPDES Permit to be obtained by the operator . • G-1 TABLE G-1 Well No. Owner Depth Yield* 010671 Keith Warren 22 15.0 033568 Lee Gould 25 28. 0 020441 A. A. Sheley 18 14. 0 105608 Terri H. Gillat 30 15.0 105609 Terri H. Gillat 30 15. 0 * in gallons per minute. G • '�_� 0 -__&_: o - ' a t. ..fit 1 N -Z.� t 0 f / 3 F \ rn l 7.9 i ow j- ....I � � , L, J V it 1, t �i Ea v 4827 _ • 1p . , WELD COUNTY ROAD 26; s— ® �� • 2 •7 J�� • '- - N- .� -a- �. i I = - liti DENVER I (3/4 30MI. dta' �\ � ^ a 4 �, . \`moo / „...\ i e SCALE' 1"=2000 SOURCE: U.S.G.S. 7.5• QUAD. MAP`GOWANDA" - NUMBER ON MAP PERMIT NUMBER I 033568 2 010671 3 105608 4 105609 5 020441 Figure G-I - WELLS IN AREA G- EXHIF IT 1-4 W I LI}L I FE I 1%.1C31::Zr.ltr:Cr I EMI The geographical area immediately adjacent to this permit area has been mined previously. Earlier mining operations in the area probably disrupted wildlife communities at that time. The proposed site is bounded on the north by St. Vrain Creek . The east and south boundaries are adjacent to agricultural lands. Due to the past and present disturbances, impacts on existing wildlife populations are expected to be minimal . Cottonwood trees adjacent to St. Vrain Creek will remain for the benefit of avian species and those portions of the wildlife community that may use the cottonwoods for security, thermal cover, or both. As a result of mining operations, a certain amount of groundwater drawdown is inevitable, however, it is not expected that the degree of water loss will detrimentally affect the cottonwood trees. If the evapotranspirational demands of the cottonwood trees appears to be exceeding the supply of subsurface water to the roots, a tanker or other suitable equipment will be used to mechanically apply water. It will be assumed that the cottonwood trees have an insufficient supply of water if the leaves on the top third of the trees are noticeably brown and wilted. The timing and quantity of water mechanically supplied will be at the discretion of landowners. The following ;s a list of wildlife species common to the ecological units to be affected by future mine operations. Due to the weather conditions, the site review did not provide sitings of possible inhabiting species and many of the species listed were obtained by literature review. Common Name Scientific Name Least chipmunk Eutamias minima{ Colorado chipmunk Euta.wias quadrivittatus Uinta chipmunk Eutamias unbrinus Yellow-bellied marmot Marmota flasisentris Richardson' s s ground squirrel Spero phi l us ri chard son i i Thirteen-lined ground squirrel Spermophllus trideceml ineatus Spotted ground squirrel Spermophilus sp2losoma Rock ground squirrel Sper i ophi 1 us sari egatus Golden-mantled ground squirrel Sper•mophil us lateralis is Aberts squirrel Sciurns abertz Fox squirrel Sciur•us niger Northern pocket gopher Thomomys talpoides Plains pocket gopher Ge omys bursar i us Olive-backed pocket mouse Perognathus fasciatus Plains pocket mouse Perognathus flasescens Silky pocket mouse Per•ognathuti f1 asus H--1 Hispid pocket mouse Perognathus hispidus Ord' s kangaroo rat Dipodomys ordii Beaver Castor canadensis Plains harvest mouse Reithrodontomys montanus Western harvest mouse Reithrodontomys mtgalotis Deer mouse Peromyscus maniculatus Northern grasshopper mouse C/nochomys leucogaster Bushy-tailed wood rat Neot.oma cinerea Meadow vole Microtus pennsylvanicus Prairie vole Microtus ochrogaster Muskarat Qndatra zibethicus Meadow jumping mouse Zapus hudsonius Porcupine Erethizon dorsatum Carnivora that can be expected to inhabit and breed in the general area are generally common to the plains areas similar to the proposed permit area. These carnivors are: Common Name Scientific Name Coyote Canis latrans Red fox V ul pes v u1 pc s Swift fox V u1 pes vel o x Raccoon Procyon lotor Long-tailed weasel Mustela frenata Mink Mustela vison Badger Taxidea taxes Striped skunk Mephitis mephitis Ungulates that can be expected to occur in the area are: Common Name Scientific Name Mule deer Odocoileus hemionus White-tailed deer Odocoileus virginianus Pronghorn Rntilocapra americana Other mammalian species that might be expected to breed in the proposed permit area are: Common Name Scientific Name Masked shrew Sorex cinereus Silver-haired bat (migratory) Lasioncycteris nocti vigaps Hoary bat Lasiufus cinereus Eastern cottontail Sylvilagus floridanus _ Desert cottontail Sylvilages audoboni White-tailed jackrabbit Lepus townsendi Black-tailed jackrabbit Lepus californicus The occurrence of numerous bird species can be expected, a list of which is too numerous to provide here. H-2 The following Reptilian and Amphibian species can logically be expected to breed in the area, however, their existence within the permit area was not substantiated. Common Name Scientific Name Great-plains toad Bufo cognates Woodhouses toad Bufo woodhousei ,woodhousei Boreal chorus frog Pseudacris triseriata peculate Leopard frog Rana pipiens Plains spadefoat Scaphiopus bombi frons Barred-tiger salamander Amhystoma tigrinum mavortium Common-snapping turtle Chelydra serpentia serpentia Western-painted turtle Chrysemys pieta helli Ornate-box turtle Terrapene ornate ornate Western-spiny softshell turtle Trionyx spznzferos hartwegi Lesser-earless lizard Notbrookia maculate maculate Eastern short-horned lizard Phrynosoma douglassi brevirpstre - Red-lipped plateau lizard Sceloporus undulates erythrocheilus Prairie six-lined racerunner Cnemeidophorus sexlineatus Northern many-lined skink Eumeces multivirgatus mul ti vi rgatus Eastern yellow-bellied racer Calub r constrictor mormon Plains hognosed snake Heterodon nasicus nasicus Western milk snake Lampropeltis triangulum yentil is Northern water snake Nerodia sipedon sipedon Bullsnake Pituophis mel anol eucus sagi Western plains garter snake Thamnophis radix haydeni Red-sided garter snake Thannophis sirtalis prnatus Prairie rattlesnake Crotalus viridus viridus Threatened and endangered species other than the White _ pelican that may have had historic range in the area are the greenback cutthroat trout, the Johnny darter, the black-footed ferret, and the river otter. None of these species are expected to be disturbed since they are not expected to have habitat in this specific area. In addition, mining will not disturb the St . Vrain Creek or other natural habitat. H-3 Integral to this reclamation plan is the design of landscape configurations and the seeding of vegetation compatible with the stipulated rangeland post mine land use for areas bordering the future ponds. Though the two ponds slated for the future landscape are not t❑ be promoted as a wildlife refuge, aquatic and riparian zones will be rehabilitated in such a manner that native animal habitat is protected. Planned shoreline irregularities, shallows and islands will provide a habitat conducive to emergent vegetation and wildlife dependent on such habitat. Since the post mine terrain is permanent, and seeded native species are self perpetuating, it will not be necessary, during any phase of mining and reclamation to construct species specific habitat areas, assume unique revegetation practices etc. , actions normally regarded as active wildlife habitat management and creation programs. In addition to terrain form, it is necessary that wildlife media, specifically soils and water, be maintained in their pre-mine conditions. Compliance with applicable Colorado and Federal water laws and regulations, particularly with regard to water quality stan- dards, will assure the integrity of aquatic and riparian habitat, and the welfare of wildlife species dependent upon such habitat . The accurate replacement and subsequent reseeding of affected soils insures the presence of a layer of soil above the dense overburden layers which is relatively uncompacted. Species whose food sources and existance depend upon workable topsoil and subsoil layers, are thus protected. By guaranteeing habitat for burrowing species, predatory raptors will be assured a continued supply of this component of their diet. The effect on resident wildlife populations is not expected to be significant. Mining has been occurring in the area for several years. Obviously the smaller rodents are going to be displaced and it is quite likely some will be killed as their burrows are excavated. However, the populations of burrowing rodents are not expected to be large due to the existence of seasonably high ground-water tables. Little impact on the larger wildlife species such as deer, skunk, coyote, etc. , is expected. It is generally assumed that these species are only transitory in the area due to the long- __ term mining that has occurred. Ultimately, there might be an increase in waterfowl due to _ the open ponds, however, the landowner would prefer that this did not occur because of the potential for illegal hunting and tres- pass. The landowner does not intend a beneficial use to occur from the existence of the pond. H-4 Due to the on going mining operations in the general area, seasonal wildlife use is not expected to change. The existing - mining has been occurring long enough so that any prior-to-mining seasonal use has long since been disrupted. The return of pre-mine rodent numbers after rehabilitation is not expected to be significant due to the loss of the 42 acre portion of their habitat designated for use as a pond. Some _ rodents may move into the areas around the pond shorelines. If this were to happen , then raptor populations could also be expected to have a marginal increase, especially those that prey on the smaller rodents. An increase in deer populations, large carnivora populations, and populations of the larger rodentia, beaver, nutria, etc. , is not expected. H-5 EXHIBIT I .5012E I 1_5" I IN F O FC t 1- I DIM The sails that occur on this nearly level landscape are generally greater than 60 inches deep, and formed in recent alluvium. Sheet 2 of 2 is a soils map of the proposed permit area delineating the major soils by taxonomic unit and by identi- fied soil series. Because the proposed mining area is situated on an active alluvial sediment, the depths of topsoil and _ subsoil horizons are quite variable, imparting a somewhat sub- jective factor into the soil classification. Topsoil and subsoil depths at this mine site have a combined average depth of between 12 and 16 inches. The indicated soils are underlain by sand gravels. The sand and gravel deposits average 14' to 1b' thick throughout the mining area. The soil most plentiful in the permit area is the Aquolls and Aquents with a gravelly substratum. These are deep, poorly drained soils that formed in recent alluvium. Commonly the soils have a mottled, mildly alkaline to moderately alkaline loamy or clayey surface layer and underlying material and are underlain by sand or sand and gravel within 48 inches. Most of the acreage is subject to flooding. The water table -. • is at or near the surface early in spring and recedes to as deep as 48 inches late in fall in some years. As a result of the flooding, the Aquents and Aquolls have been scoured down to an average maximum depth of 15" . These soils are used for rangeland and wildlife habitat. Some small areas have been reclaimed by major drainage and leveling and are used for irrigated crops. The potential native vegetation is dominated by alkali sacaton, switchgrass, and western wheatgrass. Saltgrass,, sedge, rush, and alkali bluegrass are also prominent. As range condition deteriorates, the switchgrass, alkali sacaton, and western wheatgrass decrease and saltgrass, sedge, and rush increase. Wetland wildlife, especially waterfowl , utilize this unit . The wetland plants provide nesting and protective cover , as well as some food. The nearby irrigated cropland, where wildlife _ obtain much of their food and find protective cover, makes this unit valuable to both wetland and openland wildlife. Openland wildlife, especially pheasant, use this unit for cover and nesting. Deer find excellent cover in some areas. I-1 These valuable wildlife areas should be protected from fire and fenced to prevent encroachment and overuse by livestock. They should not be drained. These soils have good potential as a source of sand and gravel . The two lesser mapping units within the permit area are the _ soils of the Altvan loam, 0 to 1 percent slopes and the Heldt silty clay. 1 to .1 percent slopes. The Altvan loam is typically a deep, well drained soil . It formed in old alluvium deposited by St. Vrain Creek. Included in the mapping area are small , long and narrow areas of sand and gravel deposits. Typically, the surface layer of the Altvan soil is grayish brown loam about 10 inches thick. The subsoil is brown and light yellowish brown clay loam and sandy clay loam about 15 inches thick. The substratum is calcareous loamy sand about b inches thick over gravelly sand. Soils within the pr❑posed permit area have formed as a result of depositional /erosional events.. Such evolutionary processes imply extreme variability in soil depths. The future mine area is characterized by an Altvan soil type which has a total depth to gravel of 12 to 15 inches. Gravel extends 10 to 15 feet below this layer. Permeability and available water capacity are moderate. The effective rooting depth is 20 to 40 inches. Surface runoff is slow, and the erosion hazard is low. This soil is used almost entirely for irrigated crops. Mixing the surfaces of the two affected soil types should not cause adverse problems. Since no single soil chemical component comprises greater than 15% by volume of stored soils, mechanical mixing of sails during removal will dilute and effectively elimi- nate any hazards these chemicals , might pose to post mine resources. Soil testing will be performed on stockpiled soils and overburden by a recognized soil testing laboratory prior to backfilling and topsoil placement. Data from soils reports will be used to determine soil placement plans and fertilizer amendments (if the amendment specified in this report is inade- quate) which are most appropriate to this reclamation seeding. 1-2 EX -lISIT J LJEGETAT I c r4 I h1F OF�MAT I ON Generally, the vegetation communities follow the soil bound- ary (Sheet 2 of 2) . Vegetation existing at the proposed mine site include the following species (not necessarily in order of relative dominance) . Common Name Scientific Name Western wheatgrass Agropyson smithii Blue grama Bouteloua gracilis Smooth brome Bromus inermis Switchgrass Panicum virgatum Buffalograss Buchloe dactyloides Cheatgrass brome Bromus tectorum Wooly Indian wheat Plantago patagonica Blue—eyed grass Slsyrinchium spp. Canada thistle Cirsium arvense Baltic rush Juncos spp. Cat tails Typha latifolia Prickly pear cactus Opuntia spp. Dandelion Tara.xac um officinal e Mustard species Brassica spp. Bindweed Convolvulus arvensis Wild carrot Daucus carooa The ground cover is estimated to be 50 to 60% in the Altvan loam soil-mapping unit when overgrazing and other disturbances _ have not occurred. The following climax dominant and sub-dominant grass species commonly occur on this soil type. Common Name Scientific Name Switchgrass Panicum virgatum Iniangrass Sorghastrum nutans Sand bluestem Pndropogon hallii Sand-reed/grass Cal amovi l fa 1 ongi fo1 i a Sideoats grama Bouteloua curtipendula Needle-and-thread Stipa comata Blue grama Bouteloua gracilis _ The estimated ground cover over the Aquolls and Aquents, (Sheet 2 of 2) is about 65 to 75%. The increase in ground cover over the Altvan loam is due to subirrigation and a general increase in mesic vegetation types. The following native vegeta- tive types are expected to occur under undisturbed conditions: J-1 Common Name Scientific Name Alkali sacatan Sporofiol us ai roi des Prairie cordgrass Spartira pect,znata Saltgrass Distichlis strzc₹a Western wheatgrass Pgropyron smithii Big bluestem Pndropogon gererdi During reclamation, a select mixture of the above listed species for both soil units would be best suited to the resultant reclaimed site. It would not seem practical to segregate the plant-growth mediums that will result from stripping the surface soils of the two recognized sail mapping units, since the areas to be reclaimed will have seasonably high water tables. Select listed species which are naturally adapted to the topological character of the area and are common to the two soil types will be used to revegetate the area. Several grass species have been included in the seed mix which are not representative of pristine climax vegetation. These species possess characteristics crucial to the permanence of designed landscape configurations. These relatively aggressive soil stabilizing species are not only well _ suited to the mesic conditions present on the site, but will additionally anchor potentially erosive slopes. The mixing of salvaged topsoils and subsoils will effect the most beneficial compromise between workability, mine economics, and conscientious land rehabilitation. The mixing of recovered soils will result in production potentials approximately equal to the average of the two soil types. Therefore, it would seem reasonable to assume a ground cover after reclamation of between 50 and 65/., a density compar- able to that which exists on the pre-mine site. The lower per- centage of ground cover is expected due to the anticipated dif- ference in soil textures on mixing and in accounting for drier sites on berms and upper shore lines. Pre-mine yields on the site have been estimated to be 2500 lbs. /acre on air-dry weight basis. Post-mine vegetation yields are expected to be between 1000 and ,:;000 lbs. /acre during most years. Agricultural crops such as corn, alfalfa, grasses, beets, etc. , have been common to the site. The evapotransportation from these crops could have resulted in high consumptive uses of water since ground-water is close to the surface during some of the growing season. Some of these crops, corn and beets, would have been irrigated. Crops like alfalfa and grass would have been less likely to be irrigated, but due to their deep rooting nature, water consumption could have been quite high. J-C EXHIBIT NC CL I 'iA[TE The climatology data recorded at the Longmont 2 ESE weather station indicates the average annual precipitation at the site is approximately 13 inches per year and the annual mean temperature is approximately 49 degrees Farenheit. The evaporation rate for this area is about 40 inches per year based on the Department of the Interior' s information circular 8755. Average Monthly Total Temperature Precipitation January 27. 4 . 34 February 31 . 4 . 43 March 35. 7 . 96 April 46. 7 1 . 26 May 57.2 • . 53 June 65.6 1 . 76 July 72.0 1 . 18 August 69.9 1 . 12 September 61. 1 1 . 16 October 50. 3 . 98 November 37. 2 . 52 December 30.2 . 75 Mean/Total 48. 7 12. 59 K-I E X H I B I T L_ FZECLAMAT I Ott OASTS Plant Site - 3 acres Scarify 100/acre $ 300. 00 . Topsoil - 3 acres 750/acre 2250. 00 Remove stockpiles 1500 1500. 00 Seed, fertilize, mulch 1000/acre 3000. 00 Access Road - . 5 acres Scarify, seed, fertilize, and mulch 1000/acre 500. 00 Shoreline — 1 acre Topsoil grade and seed 750/acre 750. 00 Fertilize and mulch 200/acre 200. 00 • Shoreline Backfill l l 27778 yds3 Ed . 60/yd3 16667. 00 Average haul distance for backfill - . 25 miles Material Costs - 4. 5 acres Seed $75/acre 337. 50 Fertilizer .x. 18/lb. f.or 1125 lb. 202.50 Mulch (Native hay) $90/ton for 9 Tons 810. 00 Rates for equipment Q.c labor • Wheel tractor (under 70 hp drawbar) 16/hr Operator labor 10/hr Straw blower and semi-tractor and flatbed 46/hr • Laborer 7/hr Rates for revegetation Fertilize - 1 man 2 acres/hr Soil preparation - 1 man 1 acre/hr Seed (drill ) - 1 man 1 acre/hr Mulch - 3 men 1 ton/hr Crimp - 1 man 2 acres/hr TOTAL $26517. 00 RECOMMENDED BOND $26517. 00 L-1 E3CHI � IT 1"1 LOCAL GCi EFt 1-4-r F "Ft D'1/4" L_ Local government approval will be provided when available. M-1 EXHIBIT P4 OTHER PERM I r CSR L I CEP1SEE3 List of current Mined Land Reclamation Permits. Valmont Fit - Permit No. 81-77 Carr Pit - Permit No. 80-2 Jenkins Pit - Permit No. 77-393 Southern Pit - Permit No. 82-227 Reynolds Pit -- Permit No. 81-244 Harper Lake Pit - Permit No. 82-228 Del Camino Pit - Permit No. 74-52 N-I EXHIlaIT O SC3 JRCE C)F= LEGAL Ft I CI—IT TO ENTEF2 The operator has the legal right to enter this pit as indicated by the following certification. I certify that Varra Companies, Inc . operating Fit No. 5 has the legal right to enter and mine sand and gravel an the property described in this application. ^i gned and sworn to me this 301,-L, day of rq 19 sf. Date otary Public My Comrniss:an Expires March 25, i9 e 00 965(-"4-1 My commission expires �. P 0-1 E CHIEIT F� AIDJAIIMEIVT L_AIP4XXCIDIAJMEEFE3 Frank Barnes 5178 Weld County Road 28 Longmont, Colorado 80501 Conrad Dale & Martha Ann Hopp c/o Robert L. & Winnifred J. Siegrist 6999 York Street Denver, Colorado 80229 Construction Leasing Investment, Inc. 7000 York Street Denver, Colorado 80229 J Bar B, Inc. c/o J. L. Bailey P. O. Box 486 Georgetown, Colorado 80444 J Bar B, Inc. Richard J. & Margaret L. Vogl 7250 Weld County Road 26 • Longmont, Colorado 80501 Colorado Interstate Gas (Easement Only) c/o Floyd Robertson _ P.O. Box 1087 Colorado Springs, Colorado 80944 Amoco Production Company P. O. Box 800, Amoco Bldg. Denver, Colorado 80202 Attn. Land Dept. - Carl Ownbey P-1 Hello