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Home My WebLink About850622.tiff RESOLUTION RE: APPROVAL OF AMENDING SPECIAL USE PERMIT TO INCLUDE 155 ACRES IN A WET, OPEN-CUT SAND AND GRAVEL MINING OPERATION - 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 or. the 17th day of July, 1985 , at the hour of 2 : 00 p.m. in the Chambers of the Board for the purpose of hearing the application of Varra Companies , Inc. , c/o Gilbert F. Rindahl , 2305 South Syracuse Way, #217 , Denver, Colorado 80231 , requesting to amend a Special Use Permit to include 155 acres in a wet, open-cut sand and gravel mining operation on the following described real estate, to-wit: Part of the NF , Section 31 , Township 3 North, Range 67 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 xeasons: 1 . The submitted materials are in compliance with the application requirements of Sections 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 PL0791 Page 2 RE AMEND SUP - VARRA 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) . 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 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 County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application for an amended Special Use Permit to include 155 acres in a wet, open-cut sand and. gravel mining operation on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions : 1 . The attached Standards for the Amended Special Use Permit be adopted and placed on the Amended Special Use Permit plat prior to recording. 2 . No building or electrical permits shall be issued for the Amended Special Use 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 Amended Special Use Permit activity shall not occur and building or electrical permits shall not be issued until the Amended Special Use Permit plat: has been recorded in the office of the Weld County Clerk and Recorder. Page 3 RE: AMEND SUP - VARRA 3 . The applicant and/or operator shall be required to obtain all applicable building or electrical permits for Amended SUP 248 : 85 : 18 . 4 . The following note shall be placed on the Amended Special Use 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 . 5 . The applicant shall submit evidence of compliance with Section 44 . 4 . 10 , Insurance, to the Department of Planning Services. 6 . The applicant shall offer and agree to an acceptable program of road maintenance with the Weld County Commissioners. The agreement shall mitigate impact generated on Weld County Road 13 by the gravel mining operation ' s truck traffic. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of July, A.D. , 1985 . BOARD OF COUNTY COMMISSIONERS ATTEST 't • , / WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED and Clerk to the Board Ja eline Johnson , Chairman ! _ BY. ' .�, �0 -Y-Y //"))/ 1-11- Gene R. Brantner, Pro-Tem Deputy County Clerk / y/f APPROVED AS TO FORM: C.W. Kirb EXCUSED DATE OF SIGNING - AYE " . Gordon E. Lacy _ County Attorney / s ! r1: //I Frank Yamaguchi OPERATION STANDARDS Varra Companies, Inc. Amended SUP 248 : 85 : 18 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 and subject to the Operation Standards listed hereon. 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 Water 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 . Vehicular traffic shall ingress and egress onto Weld County Road 13 as shown on the submitted Use by Special Review plat. The haul route shall be from the point of ingress and egress west of I-25 . 4 . The operator shall complete a Road Maintenance and Improvements Agreement with Weld County and upgrade Weld County Road 13 to the specifications outlined by the Board of County Commissioners prior to extraction of sand and gravel from the Amended Special Use Permit area. 5 . 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. 6 . 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. 7 . All operations on said described parcel shall be in conformance with the Weld County Flood Hazard Regulations including: Page OPERATION STANDARDS - VARRA A. No fill, berms or stockpiles shall he placed in the one hundred (100) year floodplain of the St. Vrain Creek which would obstruct passage of flood flows . 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. 8 . The open-cut gravel operation shall comply with Section 44 .4 , Operation Policies . 9 . The applicant shall comply with the design standards for the Use by Special Review, Section 24 . 5 et sea. , of the Weld County Zoning Ordinance. 10 . The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24 . 6 et seq. , of the Weld County Zoning Ordinance. 11 . 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 herein and all applicable Weld County Regulations. 12 . The Amended Special Use Permit area shall be limited to the plans shown herein 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. 13 . 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. BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Louis Rademacher that the following resolution be introduced for passage by the Weld County Planning Commission. Be it Resolved by the Weld County Planning Commission that the application for: CASE NUMBER: Amended SUP-248:85: 18 NAME: Varra Companies, Inc. ADDRESS: c/o Gilbert F. Rindahl, P.E. , 2305 S. Syracuse Way, #217, Denver, Colorado 80231 REQUEST: Amended Special Use Permit to include 155 acres in a wet, open-cut sand and gravel mining operation. LEGAL DESCRIPTION: Part cf the NE1, Section 31, T3N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 4 miles north of Firestone; east 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) ; Amended USR-248:85: 18 Varra Companies, Inc. June 4, 1985 Page 2 - 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 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; and - 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 the Amended Special Use Permit be adopted and placed on the Amended Special Use Permit plat prior to recording. 2. No building or electrical permits shall be issued for the Amended Special Use 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 Amended Special Use Permit activity shall not occur and building or electrical permits shall not be issued until the Amended Special Use Permit 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 SUP-248:85: 18. 4. The following note being placed on the Amended Special Use 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. Amended USR-248:85: 18 Varra Companies, Inc. June 4, 1985 Page 3 5. 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. 6. Prior to the Board of County Commissioner's hearing, the applicant shall offer and agree to an acceptable program of road maintenance with the Weld County Commissioners. The agreement shall mitigate impacts generated on Weld County Road 13 by the gravel mining operation's truck traffic. Motion seconded by Paulette Weaver. Vote: For Passage Against Passage Sharon Linhart Jack Holman Louis Rademacher Paulette Weaver 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 June 4, 1985 and recorded in Book No. IX of the proceedings of the said Planning Commission. Dated the 5th day of June, 1985. Rids-LAN-L1— Bobbie Good Secretary OPERATION STANDARDS Varra Companies, Inc. Amended SUP-248:85: 18 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 and subject to the Operation Standards listed hereon. 2. Petroleum products and compressed flammable gases are hazardous substances per C.R.S. 29-22-107 (2) (a) . Prier 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 he provided to the Department of Planning Services prior to the issuance of building permits. 3. Vehicular traffic shall ingress and egress onto Weld County Road 13 as shown on the submitted Use by Special Review plat. The haul route shall be from the point of ingress and egress west to I-25. 4. The operator shall complete a road maintenance and improvements agreement with Weld County, and upgrade Weld County Road 13 to the specifications outlined by the Board of County Commissioners prior to extraction of sand and gravel from the Amended Special Use Permit area. 5. 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. 6. 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. 7. All operations on said described parcel shall be in conformance with the Weld County Flood Hazard Regulations including: A. No fill, beLms or stockpiles shall be placed in the one hundred (100) year floodplain of the 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. Operation Standards Varra Companies, Inc. Amended SUP-248:85: 18 Page 2 8. The open-cut gravel operation shall comply with Section 44.4, Operation Policies. 9. 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. 10. The applicant shall comply with Operation Standards for Uses by Special Review, Section 24.6 et seq. , of the Weld County Zoning Ordinance. 11. 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. 12. The Amended Special Use Permit 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. 13. 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. Dote: ,,une 4, 1985 :'f, P NUMBER: Amended SUP-Y48:85: 18 Varra Companies, Tr.c. APPRESS: c/c Ci l hert F. Pir,dahi 27Q5 S. f'yracuse Wav 4f217 'Denver, CO REQUEST: Amended Special Use Permit tc include 1_i5 acres in a wet, open-cut sand and grave'_ rinir,g operation. LEC AT. DESCRIPTION: Port of the '.NE1 of Section 31 , T3N, 167W of the 6th P.N. , Weld County, Colorado LOCATION: Approximately G. miles north of Firestone; east of Weld County Road 13 and north of Weld County Reed 26. TUF DF}'AT 11' F P '_ OF PLAUFINC SERVICE}::: S' AFI RECONMENPS TEAT This REQUEST PF AFF}OVFI) FOR THE LOLLOWII C hFJ FOES: 1. The submitted materials are in compliance with application requirements of Section 24.7, 44 . 1 , 46 . 2, and 44.3 of the Weld County Zoning Ordinance, 2. It is the opinion of the Pepartnei t cf Planning Services staff that the applicant has shown compliance with Section 24.3.1 et sec. of the Weld County Zoning Ordinance or fc`i 'oXel'''• - This request is in compliEr•ce with the Weld County Comprehensive Plot and. the Weld County Fxtraction Plan. T ineral Resource's', Volume TT. The Weld County area in c:netion is located in a resource conservation area. The Weld Ccurty Extraction Plan states that extraction shall he encouraged in resource conservation areas, as iong appropriate extractiou standards are follered. The proposal is core-intent with the Comprehensive I'l«r policies which allow uses of an industrial nature to occi:r where the resources Fire '. ailable (i.e. , sand and gravel operations as noted (I' pages tit - 63 of the Comprehensive Plmr) - 'ihe proposal IF cnr;e;_i stunt with the intent of the Agricultural Zone District in that the proposed use does net _interfere with other agricultural activities in the area or the County, and as by Special Review the activity car taho place in the district; - The activities proposed will be compatible with existing agri_cultur. 7 uses in the neighborhood, s well as with protected development in the future; ay, ra Companies, inc. Amended SUP-24g: 5: 18 Fage - The subject site is in a Flood Hazard Oelay District area. Operation Standards address this concrrl; end - Use by Special Peview Cperation and Design Standards rravide adequate protection of the health , safety and welfare of the neiglcborhord and the County. The Department of Planning Service:; staff recommendation for approval is conditional upon the following! 1 . The attached Standards foi the Amended Spec ] Use Permit he adopted and placed or the Amended Special Use Permit plat prior to recording. Ne building or electrical permits shall he isst:Fd for the Amended Special Use Permit area until tie plat has been delivered to the Department of Pinning Services office and compliance with Operation, Standard #E2 has been met . The prescribed Amended Special Use Fern:it activity shall net occur and building or Electrical per ?-its shall not be issued until the Amended Special Ilse Permit plat has been recorded in the office of the Weld County Cie- 1, and recorder. 3. Ihe applicant orc'so operator shall b€ required to obtain al, applicable building or electrical permits for Amended SUF-?48:S5: 1 . L. The following note hc 'r_g placed on the Amended Special Lee Permit plat: NCTL: The 1"ined land reclamation Feard has the authority to issue permits for miring and reclamation activities. Activities related to mining and reclamation are, :hetofoe render the jurisdiction of the Mined Land heclamation Board; however, Weld County has jurisdiction or those matters Olltl'PEd i7` the Operation ta'T'e'a;t-e;c. Prior to the Board of County Commissioner's hearing, the applicant shall submit evidence of compliance '.-ith Section 44.4. iC, Insurance, to the Department t of Planning Services. 6. Frier to the hoard of County Commissioner's herring, the applicant sI all offer and agree to an acceptable prog;asm c!f road maintenance with the Weld County Commissioners. The agreement shall mitigate impacts generated or. Weld County Road 13 by the mining operation's truck traffic. SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING June 4, 1985 A regular meeting of the Weld County Planning Commission was held on June 4, 1985, in the County Commissioners' Hearing Room, Weld County Centennial Building, 915 Tenth Street, Greeley, Colorado. The meeting was called to order by the chairman, Bob Ehrlich, at 1:30 p.m. Tape 203 - Side 2 ROLL CALL Lydia Dunbar Absent - Called in Doug Graff Absent - Called in Paulette Weaver Present Stephen Hamilton Absent - Called in Bill McMurray Absent - Called in Louis Rademacher Present Jack Holman Present Sharon Linhart Present Bob Ehrlich Present Also present: Rod Allison, Current Planner II, Gloria Dunn, 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 May 21, 1985, was approved as distributed. CASE NUMBER: Amended USR-542:85: 16 APPLICANT: Associated Natural Gas, Inc. REQUEST: Amend Use by Special. Review permit for the expansion of a natural gas processing plant LEGAL DESCRIPTION: Part of the SEA Section 35, T4N, R66W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately 2.5 miles southeast of Gilcrest; south of Weld County Road 40 and west of Weld County Road 35. APPEARANCE: Joe Degraffenried, President, Associated Natural Gas, Inc. , reported they want to expand their gas facility southeast of Gilcrest. They are currently capable of processing fifteen million cubic feet of gas per day and they would like to be able to process thirty million cubic feet per day. They are currently receiving gas from three hundred and eighty wells, but they have enough room to at this site to process gas from one thousand wells. They sell the gas processed at this site to Western Gas Supply. The safety factors of this plant comply with all federal , national, state, and local regulations. They have taken pains to be rated one of the safest and quietest plants around. There is an average of five trucks per day entering Summary of the Weld County Planning Commission Meeting June 4, 1985 Page 2 the area at this time. Expansion of the plant would increase traffic to approximately ten trucks per day. Richard Powell, Associated Natural Gas, Inc. , reported on the safety features of the plant and of their meeting with the Gilcrest Planning Commission. The Chairman asked Rod Allison to read the recommendations, Conditions, and Operation Standards, as outlined by the Department of Planning Services staff into the record. The Chairman called for discussion from the audience. Richard Miller, area resident, spoke against this proposal because of the noise, traffic, and loss of wildlife to the area. Tape 204 - Side 1 Phil Behrig, adjacent property owner, spoke against this request because of the noise and increased traffic. John Hopkins, surrounding property owners, spoke against this request because of the noise, increased traffic, and lack of safety precautions taken by truck drivers and maintenance workers entering the plant site area. Max Ulrich, area resident, spoke against this request because of the noise, excessive speed of the vehicles, and road deterioration caused by the gas plant traffic. Bill Brunner, surrounding property owner, spoke against this proposal because of the noise, traffic, deterioration of the roads, and lack of safety and courtesy shown by those who drive vehicles into and out of the gas plant area. Tape 204 - Side 2 Sharon Linhart moved Operation Standard #9 be amended to read as follows: 9. A ten (10) foot high wooden sound barrier fence shall be constructed and maintained on the west side of the gas and air compressors as shown on the amended Use by Special Review Permit plat. If periodic regular noise measurements show any violation of state noise standards, the wooden sound barrier shall be improved by increasing the size or composition of the barrier. Motion seconded by Paulette Weaver. Summary of the Weld County Planning Commission Meeting June 4, 1985 Page 3 The Chairman called for discussion from the members of the Planning Commission. The Chairman asked the Planning Commission for their decision. Motion carried unanimously. MOTION: Sharon Linhart moved Case Number Amended USR-542:85: 16 for Associated Natural Gas, Inc. , to amend a Use by Special Review permit for the expansion of a natural gas processing plant be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendations and conditions, as outlined by the Department of Planning Services staff and the Operation Standards as outlined by the Department of Planning Services staff and amended by the Planning Commission. Motion seconded by Jack Holman. 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. Sharon - yes; because she does understand the concerns of the citizens and she is certainly sympathetic to them. But this actually opens up a window of opportunity for us to require Associated Natural Gas to install noise abatement that we didn't have before. Tt is hoped that what we are doing will allow the company to offer an opportunity for economic expansion as well as benefit the citizens who live in the area. Jack Holman - yes; Louis Rademacher - No, because until they get this plant quieted down they should not enlarge their operation. Paulette Weaver - No, because as proposed she does not feel this is in the best interests of the health, safety, and welfare of the residents of the County. Bob Ehrlich - No. Motion is denied with two voting for the motion and three voting against the motion. CASE NUMBER: USR-676:85: 19 APPLICANT: Larry Zimmerman REQUEST: Use by Special Review permit for a hog confinement operation LEGAL DESCRIPTION: Pt. NM% NW% NW4 NF% of Section 6, T4N, R68W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately seven miles west of Johnstown, west of Weld County Road 3 and south of Colorado Highway 60. Summary of the Weld County Planning Commission Meeting June 4, 1985 Page 4 APPEARANCE: Bill Warnock represented the applicant. This hog confinement operation has been in existence since about 1900. A recorded exemption has recently taken place on this property which now necessitates the applicant to apply for a Use by Special Review permit for the hog confinement operation on this five acres even though the number of animals will be reduced from two thousand to one thousand six hundred. The Chairman asked the applicant if they had read the recommendations, conditions, and operation standards as outlined by the Department of Planning Services staff. He stated they had and have no problem with anything as outlined. The Chairman called for discussion from the audience. Ray Deschant , surrounding property owner, reported the property at the present time does not have any hogs on it, so it is not a continuous operation. He also has objections to the possible odors that could arise from a hog confinement operation. Floyd Hale, previous property owner, explained his hog operation and the setup of the operation which has always taken place on this five acres even though it was part of the total farm. The Chairman asked Gloria Dunn to read the recommendation, conditions, and operation standards as outlined by the Department of Planning Services into the record. MOTION: Jack Holman moved Case Number USR-676:85: 19 for Larry Zimmerman for a Use by Special Review permit for a hog confinement operation be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendation, conditions, and operation standards as outlined by the Department of Planning Services staff and the testimony heard by the Planning Commission. Motion seconded by Louis Rademacher. 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. Sharon Linhart - yes; Jack Holman - yes; Louis Rademacher - yes; Paulette Weaver - yes; Bob Ehrlich - yes. Motion carried unanimously. Summary of the Weld County Planning Commission Meeting June 4, 1985 Page 5 CASE NUMBER: Amended USR--248:85: 18 APPLICANT: Varra Companies, Inc. REQUEST: Use by Special Review permit for adding 155 acres to an existing open-cut sand and gravel mining operation LEGAL DESCRIPTION: Part of the NE of Section 31, T3N, R67W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 4 miles north of Firestone; east of Weld County Road 13 and north of Weld County Road 26. APPEARANCE: Gilbert Rindahl, P.E. , Rindahl and Associates, represented the applicant. He explained the Varra Pit #1 is about exhausted and they want to open up this 155 acres for mining and work it at the existing site. There will be no additional traffic and this would extend the life of the gravel pit approximately fifteen to twenty years. The equipment is closer to Weld County Road 26 than this site. The gravel will be conveyed across St. Vrain Creek and trucked to the present operation; they will not be using any County roads. Therefore, they prefer to leave the equipment where it is at. They have read the recommendation, conditions, and operation standards as outlined by the Department of Planning Services staff and agree with them. Therefore, they would ask that reading them into the record be dispensed with. Also, the Varra's are in agreement with Amoco and will work with them on any plans they have for drilling in the area. Tape 205 - Side 1 The Chairman called for discussion from the audience. Harold Nelson, property owner, reported he had lived next to the current Varra Pit and when the pit was wet, before reclamation, it dried out some of his land, but it has not affected the wells. Some of his pasture 1s really better during the mining operation because it is not so seepy. The Chairman asked that reading of the recommendations, 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. Summary of the Weld County Planning Commission Meeting June 4, 1985 Page 6 MOTION: Louis Rademacher moved Case Number Amended USE-248:85: 18 for Varra Companies, Inc. , for an amendment to a Use by Special Review Permit for adding 155 acres to an existing open-cut sand and gravel mining operation be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval based upon the recommendations, conditions, and operation standards as outlined by the Department of Planning Services staff and the testimony heard by the members of the Planning Commission. Motion seconded by Paulette Weaver. 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. Sharon Linhart - yes; Jack Holman - yes; Louis Rademacher - yes; Paulette Weaver - yes; Bob Ehrlich - yes. Motion carried unanimously. CASE NUMBER: USR-678:85: 21 APPLICANT: Vince P. Frey REQUEST: Use by Special Review permit for a motocross race track facility. LEGAL DESCRIPTION: The Wlz of Section 5, T2N, R64W of the 6th P.M. Weld County, Colorado. LOCATION: Approximately 5 miles northwest of Keenesburg APPEARANCE: Vince Frey, Vice-President of Prairie Hill Promotions, reported they have built a motocross facility on this site and they would like to continue holding competitive events at this site. Prior to installing the motocross facility he did call the Department of Zoning to see if this was a use that could be conducted in the Agricultural Zone District. He had checked with the owner of another motocross facility and he also had Agricultural Zoning, therefore, he wrongly assumed that he could go ahead with this project. While his intentions were good, he just did not check far enough or he would have discovered that the existing motocross facilities were grandfathered in and he would need a Use by Special Review permit to install their facility. He explained the various regulations pertaining to safety, size of bikes, distance of the audience from the racing activities, insurance requirements, food and beverage requirements, etc. , that pertain to these racing events. There are two ambulances on site when competitive events are held as well as a pumper-type water truck and other types of fire chemical fire extinguisher just in case there would be a fire. Summary of the Weld County Planning Commission Meeting June 4, 1985 Page 7 Fe stated they have reviewed the recommendations, conditions, and operation standards as outlined by the Department of Planning Services staff. There is the possibility of leasing the property for a day to hold dune buggy races. Lee Morrison explained the proposed motocross racing facility only went with the current owners and not with the land. A lease, even for one day, constitutes revocation of the permit. Therefore, they would want to be involved in some way for the Use by Special Review Permit to remain active. Mr. Frey reviewed possible changes they would like to have made to Operations Standards #1 and 3. Tape 205 - Side 2 The Chairman called for discussion from the audience. Charlotte Harkis, surrounding property owner, spoke in opposition to this request because of the noise, danger of fire, and the possibility of decreased land values. Pat Delaney, Attorney, represented John and Molly Andrews, surrounding property owner, who oppose this request because of noise, traffic, decreased land values, etc. , in the event that they should build a house on this property or try to sell their land. The Chairman asked Rod Allison to read the recommendations, conditions, and operation standards as outlined by the Department of Planning Services staff into the record. Tape 206 - Side 1 MOTION: Sharon Linhart moved Case Number USR-678:85:21 for Vince P. Frey for a Use by Special Review Permit for a motocross race track facility be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for denial because of the potential erosion problem at this site with plowing or disking up 320 acres of very fine sandy soil that is just going to blow around. It causes a problem to the neighbors as well as the total destruction of this piece of land for six days of pleasure, which is just a hobby. It is a hobby that many people enjoy, but it is not something that is entirely appropriate for this section of land and it is not compatible with the agricultural nature of this area. Motion seconded by Paulette Weaver. Summary of the Weld County Planning Commission Meeting June 4, 1985 Page 8 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. Sharon Linhart - yes; Jack Holman - yes, be agrees with Sharon, and with the standards we have to use on determining this Use by Special Review he comes up with four reasons not to have it and only two have it. Louis Rademacher - no; Paulette Weaver - yes; Bob Ehrlich - no. Motion carried with three voting for the motion and two voting against the motion. The Chairman called a break at 5:00 p.m. The meeting was reconvened by the Chairman, Bob Ehrlich at 5:05 p.m. ADDITIONAL BUSINESS: Chuck Cunliffe, Director of Planning Services presented the following items for the Planning Commission's consideration: Consider proposed amendments to Section 9 of the Weld County Subdivision Regulations. Chcuk Cunliffe reported that the amendments to Section 9 of the Zoning Ordinance does not really affect the Planning Commission as these are cases that routinely go to the Board of County Commissioners. These changes have been discussed with the Board of County Commissioners and they have directed that the proposed amendments be presented to the Planning Commission. The criteria would remain the same. If requests for recorded exemptions and subdivision exemptions were staff approved it would cut down on the cost of expenses for handling the cases tremendously. If the staff were to deny a request, the applicant still has the right to request a hearing before the Board of County Commissioners. The Chairman called for discussion from the members of the audience. There was none. MOTION: Sharon Linhart moved the Planning Commission recommend to the Board of County Commissioners that the proposed amendments to Section 9 of the Subdivision Regulations be approved. Motion seconded by Louis Rademacher. Summary of the Weld County Planning Commission Meeting June 4, 1985 Page 9 The Chairman called for discussion from the members of the Planning Commission. Discussion followed regarding whether or not this proposal would allow more land splits than are currently being approved by the Board of County Commissioners. The Chairman asked the Planning Commission for their decision. Sharon Linhart, Jack Holman, Louis Rademacher, and Bob Ehrlich voted in favor of the motion. Paulette Weaver voted against the motion. The motion carried with four voting for the motion and one voting against the motion. Consider proposed amendments to Sections 10, 29, 31, 32, 43, 45, and 46 of the Weld County Zoning Ordinance. Chuck Cunliffe stated some of these changes are to bring the Zoning Ordinance into conformance with current State Statutes, typographical errors, home business on less than ten acres, manufactured housing in the R-5 Zone District, accessory mobile homes, approval of mobile home zoning permits without a public hearing, manufactured homes without a public hearing, and to change the animal unit definition from two per lot in agriculturally zoned subdivisions to two animal units per acre. Many rural subdivisions have large lots and the two animal units per acre does not always seem reasonable. The Chairman called for discussion from the audience. Dorothy Jannington, a realtor, asked the Planning Commission to recommend approval of this amendment pertaining to animal units per acre. Many subdivisions in the southern area of the County are five, ten, twenty, or forty acre lots, and to allow just two animals per lot is not always reasonable. Loren Ergens, resident of Westridge Subdivision, asked that the requirements stay the same. In his subdivision the house and yard usually take up an acre, which leaves approximately two acres of pasture. To allow six animal units on a lot this size is not a good situation. This proposal is too simplistic and may apply in some parts of the County, but it should not apply to every area. He did not feel it was possible or fair to pass an amendment of this sort that would cover everything from Briggsdale to Longmont because situations in every area are not the same. Tape 206 - Side 2 The Planning Commission discussed the possibility of agricultural subdivisions enforcing or initiating covenants to control the number of animal units a property owner may have. Summary of the Weld County Planning Commission Meeting June 4, 1985 Page 10 Lee Morrison explained that the major problem with initiating covenants in an existing subdivision is that everyone must agree with them. They would only be effective in a new subdivision or planned unit development in an agricultural zone. MOTION: Jack Holman moved that the sections of the Zoning Ordinance pertaining to animal units per acre be postponed until the next regular meeting to be held on June 18, 1985, at 1 :30 p.m. in the County Commissioners' Hearing Room to enable the Department of Planning Services staff and the Planning Commission members time to study the proposed amendment. Motion seconded by Louis Rademacher. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the members of the Planning Commission for their decision. Motion carried unanimously. MOTION: Sharon Linhart moved that the proposed amendments to all other sections, with the exception of those pertaining to animal units per acre, be forwarded to the Board of County Commissioners with the Planning Commission's recommendtion for approval. Motion seconded by Jack Holman. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the Planning Commission for their decision. Motion carried unanimously. Consider proposed changes to the schedule of fees charged by the Department of Planning Services for land-use applications. Chuck Cunliffe explained that investigation fees are currently be charged for building permits when the applicant starts a project before obtaining a permit. This proposed amendment would allow the Department of Planning Services to charge an investigation fee on land-use applications that were initiated prior to obtaining the proper permits. The Chairman called for discussion from the audience. There was none. Summary of the Weld County Planning Commission Meeting June 4, 1985 Page 11 MOTION: Louis Rademacher moved that the proposed amendment to the Zoning Ordinance pertaining to the schedule of fees charged the by Department of Planning Services for land-use applications be forwarded to the Board of County Commissioners with the Planning Commission's recommendation for approval. Motion seconded by Paulette Weaver. The Chairman called for discussion from the members of the Planning Commission. Discussion followed. The Chairman asked the Planning Commission for their decision. Motion carried unanimously. The meeting was adjourned at 5:50 p.m. Respectfully submitted, Bobbie Good, Secretary COUNTY OF WELD, STATE OF COLORADO � l Ur ,� �r Jii�) (( r' i ROAD MAINTENANCE AND IMPROVEMENTS AGREEMENTS ; ' THIS AGREEMENT, made and entered into this day of , 1985, by and between the COUNTY OF WELD, STATE OF COLORADO, heW41AWA '' i41'4 called "County", and VARRA COMPANIES, INC . , hereinafter called "Varra" , and WHEREAS, Varra has applied to the County for a Use by Special Review Mining Permit for a wet, open-cut sand and gravel operation on 155 acres in the Northeast Quarter (NE1) of Section 31 , less 5. 6 acres in the Southwest Quarter of the Northeast Quarter (S'W4NE' ) , Township 3 North, Range 67 West of the 6th P.M. , Weld County, Colorado , and WHEREAS, Varra is operating similar gravel pits in the immediate vicinity of the above-mentioned gravel pit, and WHEREAS, the gravel pits generate an increase in heavy traffic , and WHEREAS, the existing county roads that serve the gravel pits will require increased maintenance and improvement due to the increase in heavy truck traffic, and WHEREAS, County and Varra have reviewed maintenance and improvements proposals put forth by Varra , and both parties agree that such maintenance and improvements will enhance the accessibility and safety of the roads that serve said gravel pits. NOW, THEREFORE, in consideration of the mutual covernants and conditions hereinafter set forth, County and Varra mutually agree as follows : 1. The county road which serves said gravel pit is Weld County Road 13 between Weld County Road 24 and Weld County Road 30 (haul route. ) 2. Varra agrees to excavate and patch any damage on said road that has been created by heavy truck hauling from Varra gravel pits, as determined by Varra or the Weld County Engineer. 3. At any time in the future, when road damage has increased beyond the point that patching can reasonably restore the road, Varra will cooperate with the County in the reconstruction of those parts of said road. 4. When reconstruction is required, the details of such reconstruction and the amount of aggregate base course required will be determined by sampling and testing of the existing road by the Weld County Engineering Department. 5. When reconstruction is required, Varra will supply and pay the cost of the hot bituminous pavement, aggregate base course, equipment, and labor for reconstruction. 6. When reconstruction is required, the County will reimburse Varra for the cost of AC--1O liquid asphalt for the manufacture of hot bituminous pavement. 7. All construction and materials will be in accordance with the State Department of Highways, Division of Highways , State of Colorado, Standard Specifications for Road and Bridge Construction, 1981. 8. The term of this Agreement is from the date of entering as aforementioned, and shall run continuously until Varra ceases its operation of said gravel pits . 9. County shall be responsible for the payment of costs due in future fiscal years only if funds are appropriated and are otherwise avail - able and are otherwise available for the services and functions which are described herein. IN WITNESS WHEREOF, the parties hereto have duly executed the agreement the day and year first above written. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Weld County Clerk and Recorder By: and Clerk to the Board Jacqueline Johnson, Chairman BY: Deputy County Clerk VARRA COMPANIES INC . BY. �? TITLE: . /7/17 HEARING CERTIFICATION DOCKET NO. 85-49 RE: AMEND SPECIAL USE PERMIT TO INCLUDE 155 ACRES IN A WET, OPEN-CUT SAND & GRAVEL MINING OPERATION - VARRA COMPANIES, INC. A public hearing was conducted on July 17, 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, Tommie Antuna Assistant County Attorney, Bruce T. Barker Planning Department representative, Rod Allison The following business was transacted: I hereby certify that pursuant to a notice dated July 1, 1985, and duly published July 3, 1985, in the Johnstown Breeze, a public hearing was conducted to consider a request to amend a Special Use Permit to include 155 acres in a wet, open-cut sand and gravel mining operation from Varra Companies, Inc. Bruce Barker, Assistant County Attorney, made this matter of record. Rod Allison, Planning Department representative, read the favorable recommendation of the Planning Commission into the record. He said there are six conditions and thirteen Operation Standards associated with this proposal. Gilbert Rindahl, representing the applicant, came forward to make his presentation and answer questions of the Board. Mr. Allison said that, based upon a recommendation from the County Engineer, the Planning staff is recommending that condition #7 be added, and shall read as follows: "The Use by Special Review plat shall he amended to show a 100-foot setback for grave:_ extraction from Weld County Road 15 prior to recording the plat." Mr. Rindahl said his company concurs with this added condition. Following a short discussion, Commissioner Lacy moved to approve the Amended Special Use Permit for. Varra Companies, Inc. , subject to the seven conditions and thirteen Operation Standards. The motion was seconded by Commissioner Yamaguchi and carried unanimously. At this time, the Board considered a Road Maintenance and Improvements Agreement between Weld County and Varra Companies, Inc. This Agreement concerns Weld County Road 1.3 between Weld County Roads 24 and 30. Mr. Allison said the Engineering Department worked with the Varra Company in establishing this Agreement. Commissioner Kirby moved to approve the Road Maintenance and Improvements Agreement between Weld County and Varra Companies, Inc. Commissioner Lacy seconded the motion and it carried unanimously. 4 11 Page 2 RE: CERTIFICATION - VARRA COMPANIES, INC. APPROVED: BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO Weld County Clerk and Recorder EXCUSED and Clerk to the Board Jacq eline Johnson, Chairman By: 0..1 i C g ar, ; (� - � ;Tie./ Deputy County Clerk ene R. BrantneT, Pro-Tem //,/, `"1/' C.W. Kirby / EXCUSED DATE OF SIGNING Gordon E. Lajjcy ///, Frank Yamaguchi,/ TAPE #85-61 DOCKET #85-49 LHR 931 INHIBIT INVENTORY CONTROL SH T � � // Case C"j;1 :4Z,-�� /rL� z� t:� Exhibit Submitted By thibit Description A. 46?,?..!.../I7_,e,7), i7 fy 7 B. �J�;is (,L',!/ i2� t'. L4 - => J AL- e C. �i��,�•' :��G` L �� :- Wit' i/y" � r D. ei/ / , 8 ' /✓ �C�' ,> ; �'� ', F. G. H. I. J. K. L. M. N. O. INVENTORY OF ITEMS `FU1FiITITP FOR CONSID F.1 11TTON Case Number 4ftuy SW27(I • fc:/r Submitted or Prepared Prior to Hearing At Hearing 1 . Application 1 ( Pages 2. I Application plat (s) page(s) 3. PPS Referral Summary Sheet 4. DPS Recommendation 5. DPS Surrounding Propery Oyer Mailing List 6. DPS Mineral Owners Mailing List 7. DPS Maps Prepared by Planning Technician 8. DPS Notice of Hearing 9. PPS Case Summary Sheet 10. DPS Field Check 11. Pc t.r.1.-- S4 +. a / ir r 12. gm,..f ' ' ;t4,,,g.,u r'-`e /er- ..t- t.lw a 2-7 /5 f.-f- 11. 14. 15. 16. 17. 18. 19. 20. I hereby certify that the—/Z items identified herein were submitted to the Department of Planning Services at or prior to the scheduled Planning Commission hearing. I further certify that these items were forwarded to the Clerk to the Board's office on ;Z.- 7 19 c. I / Current Planner. { STATE OF COLORADO ) COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS , DAY OF , 19 -.k , FEAT, NOTARY PUBLIC MY COMMTSSN EXPIRPS - -- __-- s-0.1i The LINDL_ . COMPANY Insurance and Bonding SUITE 109 10 LAKESIDE LAVE DENVER, COLORADO 80212 LINDEN COMPANY 303/458-1133 December l , 1985 Mr. Keith A. Sciruett • Weld County . 915-10th Street • Greeley, CO 80631 ree: Certificate of Insurance-Varra Companies , Inc. Dear Certificate Holder, Enclosed is a revised certificate of insurance. The only changes on the certificate involve Company C aad the coverage provided by Company C-the Umbrella Liability. If you hc.. c any questions regarding this ne.',1 Cortrficaic, plczno give me a call . Very truly, Ar ( Linda D. Easter Account Coordinator l de enclosure REVISED CERTIFICATE 12/31/85 Weld County 915-10th Street --� Greeley, CO 80631 ' �: Attn : Keith A. Schuett Varra Companies, Inc. 2130 SOUTH 96TH STREET • BROOMFIELD, COLORADO 80020• (3031 666-6657 December 16 , 1985 1r . Keith A. Schuett Zoning Inspector Department of Planning Services 915 10th Street Greeley, Co 80631 Reference : Letter of December 10 , 1985 Amended USR-248 : 85 : 18 Del Camino Pit #1 Dear Mr . Schuett : Enclosed is our Certificate of Insurance to cover Operation Standards Number 8 for amended USR-248 for the Del Camino Pit located in Weld County , Colorado . Very truly yours , VARRA COMPANIES , INC . 7/7-- -," ' Chriatn2aXer Varra President z I 1 14. , • 7 4 ! itt WELD COUNTY, COLORADO DEPARTMENT L)F PLANNING SERVICES / s s ,IftIlr I4* ' PHONE 303)356-4000 EXT. 4400 - 9'E '0th STREET GRPSLEY. COLORADO 8C631 OLORADO December 10, 1985 %_,--, J'l e l� V y 44 Varra Companies, Inc.. `- µ c/o Gilbert F. Rindahl, P.E. > a 2305 Syracuse Way #217 Denver, Colorado 80231 Dear Mr. Rindahl: Personnel from the Department of Planning Services conducted an on-site inspection of your property on November 22, 1985. The inspection showed that a gravel operation is being conducted on the property outlined in Amended USR-248:85: 18. This operation is not in compliance with the conditions for approval as stated in the Board of County Commissioner's Resolution dated July 17, 1985. Operation Standards Number 5, 6, and 8)for Amended `'SR-248 are also not in compliance at this time. You are hereby requested to comply with these raquirenents within thirty (30) days form the date of this letter. Failure to comply will result in our office scheduling this matter before the Board of County Coiu,liissioners for its consideration and action. if you have information that may clear up this matter, please telephone or write. Sincerely, - 2 1 s_e tin .4cuet Zoning Inspector KAS:rjg . ? - -1?;--(2.1-A "" :.,„ .k, ,; L nr,T1:_ : July 1 , 9P5 TO: The Board of County Commissioners Weld County , Colorado FROM: Clerk to the Board_ Office Commissioners : If you have no objections , we have tentatively set the followiro hearing for the 17th day of July, 1°85 , at 2 : 00 P.'?. Docket No. 85-49 - \.Tar_ra Companies , 'one. , Amend Special Use T:ermit to include 155 acres in E wet , open-cut sand and gravel mining operation OFFICE OF THE CLI PK 70 THE BO pn �`'� BY: � /� � Deputy The above mentioned hearing date and rearing time may be scheduled on the agenda as sated above. BOARD of COUNTY COI r1ISSIONEFy T' ELD COUNTY, COT_OFTfO ..7/ -17 /4 t- 4 ' / � DEPARTMENT OF PLANNING SERVICES ti ,. `\ s `` PHONE(303)355-4000 EXT.4400 Y .a 4. x ,,• ••?` t � 915 10th STREET GR,EELEY, COLORADO 80631 tiV Yid ' =:,gel f',1;4 I\, . 1 -,...-.LiJ '.LA : 4 '' ''' '''''-'5 .1 L COLOR A May 30, 1985 Gilbert Rindahl Rindahl & Associates 2305 South Syracuse Way Suite 217 Denver, CO 80231 Re: Amended SUP-248:85: 18 Request for an Amended Special Use Permit for a wet, open-cut sand and gravel mining operation on a parcel of land described as Pt. NE1 of Section 31, T3N, R67TAW of the 6th P.M. , Weld County, Colorado. Dear Mr. Rindahl: Your application and related materials for the request described above are complete and in order at the present time. I have scheduled a meeting with the Weld County Planning Commission on Tuesday, June 4, 1985 at 1 :30 p.m. This meeting will take place in the County Commissioners' Fearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members might have with respect to your application. It is the responsibility of an applicant to see that a sign is posted or the property under consideration at least ten (10) days preceding the hearing date. Sometime prior to May 24, 1985 you or a representative should contact me in this office to obtain a sign to be posted on the site no later than May 25, 1985. The Department of Planning Services staff will make a recommendation concerning this application to the Weld County Planning Commission. It is the responsibility of an applicant to contact the Department of Planning Services office a few days before the date of the hearing to obtain that recommendation. Gilbert Rindahl May 30, 1985 Page 2 If you have any questions concerning this matter, please feel free to call me. Respectfully, Michael S. Mullen Current Planner cc: Harold & LaVerna Nelson Varra Companies 11955 Weld County Road 15 2130 S. 96th Street Longmont, CO 80501 Broomfield, CO 80020 MI6 Gilbert F. Rindahl, P.E. C.Jay Silvernale Bruce G. Rindahl Rindahl & Associates • 2305 S.Syracuse Way • Suite 217 • Denver,CO 80231 • (303) 696-6846 May 30, 1985 Mc. Chuck Cunliffe, Director Weld County Department of Planning Services 915 10th Street Greeley, Colorado 80631 RE: Varra Companies, Inc.. - Amendment ; Case No. SUP-248:85: 18 Dear Mr. Cunliffe: Enclosed are copies of the signed agreements between Varra Companies, Inc. and Panhandle Eastern Pipe Line Company. Please place these documents in the appropriate file. If you have any questions, please contact us. Sincerely, RINDAHL & ASSOCIATES, INC. oellen Davis Office Adminsitrator Enclosures File No. 85-0304 a 00\ A�MI F� Engineering& Environmental Services ot'! lin Gilbert F. Rindahl, P.E. C.Jay Silvernale Bruce G. Rindahl Rindahl & Associates • 2305 S.Syracuse Way • Suite 217 • Denver, CO 80231 • (303) 696-6846 May 14, 1985 Mr. Mike Mullen Weld County Department of Planning 915 10th Street Greeley, Colorado 80631 RE: Varra Companies , Inc. - Amendment ; Case No. SUP-248:85:18 Dear Mike: Enclosed is the original sign posting rci•tificate for the above referenced operation . Please place this document in the appropriate file . If you have any questions , please contact. me . Sincerely, RINDAHL & ASSOCIATES, INC . II.(2—(17 k ( 1.4,1)4> ,e i: --fi_ ..) oellen Davis Office Administrator Enclosure File No. 85-0304 11 M ( 1 , ' ' i li !'C �` I ). Aft-4 t;(, iii ;;;‘,ii: a K t,,i”, tikc [Mc'" o A a Engineering& Environmental Services \ �/ SIGN POSTING CERTIFICATE I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED BY THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST TEN (10) DAYS PRECEDING THE PLANNING COMMISSION/BOARD OF COUNTY COMMISSIONERS HEARING FOR CASE # THE SIGN WAS POSTED BY: NAME OF PERSON POSTING SIGN //_, li -l:y !'pct C..- a•j•-£ /1/ f e S I GNATYJRE OF APPLICANT STATE OF COLORADO COUNTY OF WELD ) SUBSCRIBED AND SWORN TO BEFORE ME THIS /6'DAY OF . '1_O7/, 198 [`r•r ` -_ •�L'JtL � r NARY PUBLIC �Y COMMISSION EXPIRES LAST DAY TO POST SIGN IS : \c*: PANHANDLE EASTERN PIPE LINE COMPANY P. O. BOX 127 BRIGHTON, COLORADO 80601 May 3, 1985 RECEIVED MAY 1 6 1985 Heidi Hirsh Director of Natural Resources Rindahl & Associates, Inc. Suite 217 Denver, CO 80231 Dear Mr. Hirsh: Please find enclosed executed letter of agreement. Panhandle Eastern Pipe Line Company requires 48 hours notice before you dig around our facilities,so that we can stake our lines and have a fieldman present. If you should have any questions, please call me at 659-5922, Ext. #241. Sincerely, -277 Ken J. Neff Right-of-Way Representative KJN/gw enclosures xc: File 1111 G. beer F R P E C. Jay SPPvernale Bruce G Rrndani Rindahi& Associates • 2305 S.Syracuse Way • Sure 217 • Denver,CO 80231 • (303) 696-6846 April 30, 1985 Mr. Ken Neff Panhandle Eastern Gas Supply Co . P.O. Box 127 Brighton, Colorado 80601 Dear Mr. Neff: Barra Companies, Inc. intends to mine no closer than 25 feet on either side of the gas lines . The enclosed map shows 50 feet and they would like permission to mine up to your right-of-way - 25 feet. The ground will remain undisturbed for 25 feet on either side of the line. At this point 3: 1 and 2: 1 slopes will be established. Please refer to cross-section B-B' for further details. To allow proper site drainage and groundwater flow, three culverts will be installed at the locations shown. The top of the culvert will be one foot below the gas line . The expected water level upon reclamation is such that if the culverts are buried any deeper they will not be effective . Refer to cross- section C-C ' for details. Tires , sandbags , or a cement type substance will be placed between the gas line and the culvert to act as a buffer for the gas line . Panhandle Eastern has already staked the gas line and its location is clearly visible . •gm°''•• Engineering& Environmental Services °o MrFA Mr . Ken Neff Panhandle Eastern Gas Supply Co. April 30, 1985 Page Two If you have no objection with this proposal, please sign and return this letter to our office . If you have any questions , please contact us. Thank you, RINDAHL & ASSOCIATES, INC . Heidi Hirsh Director of Natural Resources HH/jd/56 Enclosures File No. 85-0304 � i s. ✓I'V/- Signature , Date (/ t Varra Companies, Inc. % 2130 SOUTH 96TH STREET • BROOMFIELD, COLORADO 80020• (303) 666-6657 cl January 14 , 1936 k 1 p 0 14 E'{ a Mr . Keith A. Schuett h ' Zoning Inspector -` Department of Planning Services 915 10th Street Greeley, Co 80631 Reference : Final Permit , Colorado Wastewater Discharge Permit System Number : Co-G-500074 . r Dear Mr . Schuett , enclosed is cony of letter dated 8/12/35 and Final Permit I Number #CO-G-500074 from Colorado Department of Health on Colorado Wastewater Discharge . jA Thank you, VARRA COMPANIES, INC , il li il Christ-6pher Varra President IN Sqq i1 1 ti sa Irn; F•C0 COLORADO DEPARTMENT OF HEALTH Richard D. Lamm � j'" ~ * Thomas M.Vernon, M.D. Governor 1876 Executive Director 10 August 12, 1985 CERTIFIED NO: P555466826 • Christopher Varra 41 Varra Companies, Inc. 2130 S. 96th Street Broomfield, CO 80020 „ RE: Final Permit, Colorado Wastewater Discharge Permit System Number: CO— G_500074, Varra Companies , Inc. , St . Vrain Gentlemen: Enclosed please find a copy of the permit issued under the Colorado Water Quality Control Act. Your discharge permit requires that specific actions be performed at designated times. You are legally obligated to comply with all terms and conditions of your permit. Please read the permit and if you have any questions contact this office at 320-8333, extension 3740. Sincerely, ./ Gary G./Broetzman Director WATER QUALITY CONTROL DIVISION Enclosure xc: Permits Section, Environmental Protection Agency Regional Council of Governments Local County Health Department District Engineer, Field Services Section, WQCD, CDH Stan May, Field Services Section, WQCD, CDH Seth Goldstein, Administrative Section, WQCD, CDH Cinny Torrez, DMR File, Permits and Enforcement Section, WQCD, CDH Sandy Squire, Industrial Enforcement/ Permit Drafters, Permits and Enforcement Section, WQCD, CDH GGB/dkg 4210 EAST 11TH AVENUE DENVER.COLORADO 80220 PHONE (303) 320-8333 • • ,_..„4, / 5 1 `% S _ M� E f f` i ( �.,,,_,..•- , jC••• -;'...--e •"- ., - . t ., "...- /t...-,-' r9 ..,„r._.t. ''✓ , -- ) r ..fir;. _ t�/-/ --• . .'',,,' --a I 1 � , r' 1 • r / / t+�‘l 41 COUNT ptl`,:.;ii\ k• • NELSON ENGINEERS GREELEY NATIONAL PLAZA 822 7TH STREET GREELEY,COLORADO 80631 (303) 356-6362 Date: July 16 , 1980 Project No. : 0011 To: Tom Hahn-County Planning Project: Varra Enterprises Weld County-Greeley Gentlemen: We are transmitting Herewith X Under Separate Cover No. of Copies Description or Remarks 1 Permit and attachments for application to Mined Land Reclamation Board for Mining and Reclamation Permit for Varra Companies , Inc , -Broomfield , Colo . June , 1980 . No Exceptions Taken As Requested Make Corrections Noted For Approval Amend & Resubmit X For Your Records Rejected - Resubmit As Indicated on Each Submittal Respectfully, NELSON ENGINEERS v-- I LaVern C. Nelson, P .E. EXHIBIT ',B vLORADO Richard D Lamm,Governor DEPARTMENT OF NATURAL RESOURCES AORJ DIVISION OF WILDLIFE �• , l Jack R. Griot), Director V r� yr G;)* ) . 6060 E3roadway OF` Denver, Colorado 80216 (825-1192) Dick Allen March It, 19RO \rarra Fnterprises ''50 Boston Longmont, c'0. R0501 Dear 'Sirs : I received and reviewed the proposal for your gravel operation located north-east of the Saint Vrain River and Weld County Road *13. I am writing concerning the wildlife values and possible conflicts that can be anticipated with your project. To begin with, rare or endangered species present a primary concern where land change projects are concerned. The only such specie that is likely to he present here would be "n occasional. bald eagle. Occasional stop-overs by eagles utilizing the river area would most likely occur during winter migrations. Other wildlife which could be expected to utilize this area would include: mammals birds mule deer* golden eagle* jackrabbits bald eagles* cotton-tailed rabbit various owls, hawks, and falcons* • red fox Canadian geese coyote ring-necked pheasants skunks various waterfowl sp.* various song and non-game birds* Various aquatic aldlife(fish, amphibians, reptiles and insects) are locate-1 in tie eYi sti nr non is and in the river. 4'Notr,:Indipates yeasonal or sporadic nresenr e. Consi rtes i er i hr: aLnve wildlife, conflicts can be minimized or avoi.rted in r`;evezal trays. "!port-.term conflicts can be limited by running maximum operations during periods when wildlife utilization is low. Peak use and need periods- would include the nesting and breeding periods (May-June for most species) , and migration period's for the seasonal visitbrs(generally October-December and Val-eh-May). Times of primary concern would be the fall migration and breeding-nesting periodso. Long term conflicts are of major concern. Wil_dliie may shift to surrounding or alternate areas during operation poyiods. If the resultant property is rehabil- itated properly most wildlife-will return. To support the maximum variety of wildlife, avariety of habitat types is essential, Each specie ha : it's own requirements and most prefer the "edge" effect formed where several. labitat typa's converge. Thus planting a variety of plont types and (cent. ) DLPAR ME-NT or NATURAL RESOURCES,Harris Sherman, Executive Director • WILDLIFE COMMISSION, Vernon C. Williams, Chaurnan Thomas Lirley Vice Chairman • Sam Caudill, Secretary • Jean K. Tool,Member • Roger Clark,Member Jay K, Childress,Member • Dean Huh,Member • Dean Suttle,Member STATE :,F C:i i ORADO 1 Richard D. Lamrn,Governor LE PART ME=N1 OF NATURAL RESOURCES =ter DtVISi®hI OF WILDLIFE o i(1 Hack R_ Grieb, Director �; IP(. 00(.-) 17, o ,dwa,.., a Q'll[�i•nvr ,. Oolorn 10 00216 (625-1192) �F p-:r-R 2 (cont. arrangements c.qn create on overall hahitnt which is compatible for n n11rrher of sroC ir' . In summary, this projects conflicts with rare or endanf=ered srecies (bald eagles) shol:ld be minimal and is not expected to be avoidable. In this case the conflicts 3 with the more common wildlife is of more concern, with the prorer rehabilitation or the rroperty being of utmost importance. If I can be of any assistance in planning this roh wb. , feel free to contact me. Sincerely, . CO l' Ronald R. Oehlkers district wildlife manager Longmont south 19?1 Cambridire Dr. Tongmont, ro. R0501 . • D't.p,,, y,hE,J1 C,i N.-riU AL R:Sans.CI H,,us:c)htr man Executive Lire:tcr • WILDLIFL (CMMISSIUN, Vernon C Will am!, Chaun,nn 1 hcni,is i arley, Vice Ch_.!rman • Sam Caudill, Secretary • Jean K. Cu!,1 Member • Roger Clark,Member Jay K. Childress,Member • Dean Hull,Member • Dean Softie,Member • EXHIBIT AA United States Soil (95 Department of Conservation =% Agriculture Service 1228 Main Street Longmont, CO 80501 January 23, 1980 Mr. Richard D. Allen Varra Companies Inc. 2130 South 96th Street Broomfield, CO 80026 Dear Mr. Allen: Attached is the material you requested on the Rademacher property. Since our photographs are on a 4 inch scale, we gave you the information for all of Section 31 while the property you are interested in is located north of the St. Vrain River. Briefly, the soils are heavy textured loams and clay over gravel . They have a high watertable at some time during the year which prevents their. use for intense cropping where preparing a seedbed is necessary. Their primary use is for wet pasture with a land use capability of VIw which is not considered prime or of unique importance. A copy of the range site is attached, but due to overgrazing, the predominant grasses are saltgrass, western wheatgrass and alkali sacaton. There are no plants on the endangered species list. The wildlife are typical of the area and to date no one has identified any animals on the endangered species list. Feel free to call on us if we can be of additional assistance. Sincerely, c. 5'L r cf; . r f -/ Carrol E. Hamon District Conservationist SCS-CONS-15 U. S. DEPARTMENT OF AGRICULTUFE OCTOBER 1974 SOIL CONSERVATION! SERVICE SOIL MAP Owner Tai"` °J/ - )ti' - 6 / kS Operator County w �� State �,L,cx)A ) c' Soil survey sheet(s) or code nos. y/-3 - 9 D D — _ Approximate scale /2—/-tiZ - " Prepared by U. S. Department of Agriculture, Soil Conservation Service cooperating 1 with / A (A T Conservation District • _ v ( l ✓✓ 34 %/_ r y fi 1 [ _ 23 Fi f 2_ `3 s 6 -3— 'b co oo CO c CO ) C) ro -0 -o - C. 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CO C C co C1 T 7 v, ro u T ++ > ro C C) 0 -C -- v -1 U •v ro ^ C- w t 0 L u C O COro 7 ,C CT 1+ 1. ro T C -v 0 u co V1 0 O t'l w ) C/ L 1, < N 0 a U N a 0 a VI C. u 00 a ut O 0. :0 ,n -- T -C- T u /+ � VI 41 ro CO 7 Cr-) U 1) I.) G a 2 <•J C a 0) ca u a tO.. C C) m C 1+ C 1I - J 0 ,n ¢ .0 T —' Vi CO G -•C. H m ro F co CJ w .+ E^ V H tv m H H U • UNITED STATES DEPARTMENT OF AGRICULTURE Soil Conservation Service, Colorado Technical Guide i. RANGE.' SITE; NO..'. 35 . :. Section 'II :E ' 1,0" II- Qtrr .Field,.Office . .. December''19 . 75 RANGE SITE. DESCRIPTION SALT MEADOW U tr - Land Resource Area: Central High_Plains, (67) _� ' s a PP, Arkansas Valley Rolling Plains (69) Central H1gh Tablelands (72)`= .� Southern.High 'Plains :(7'7) x,' - 4 4 A. PHYS'IC AL:CHARACTERI.STICS ° I . ,:PhysiographicFeatures r Landscape :character-isics -are, those typical of meadows rn 4`that they are 1'rr.,.low.land_'pos1.t1ons Slopes ,ar;e nearl.y' level "� to 'gently: slopi�ng:st This s''ite i located ;at elevat on between' 3000 and 6000 feet, .P :2s kt C1Imatic Features � r?`'-:',:::,:':".;:,:;•7;''';''': k The average, annual pr`ec i pl'tat on i s `r n the 10 •to 1'9'1nch zones. '1s much °as�_two -thirds or-more 'of this rsreceivec( dur�ing .the ' May, to' October period optimum period for most plant growth s, between Apr`i 1. 1 and September.:30. ,,Na'tive (potent"iai.) `Y"egetatron r. { X,,-The, primary G rases pf .11 ks site impart the me_ado appearance - M=It has these :.grasses are alka1 i �sacaton, swithgr,ass;=-western •r k . "" wheatgrass sedges,' a7lkali bluegrass and;'slender wh'eatgrass ' Other grasses are .Canada `wr 1.4'rys, foxta i'l; barley, vine mesquite (l.RA69) pia i rlecordorass : (LRR72) and rush Cottonwoods and ill.:1 of river. bottoms often Forin�;bordery r�g''� .:"'--;i7::, °' plant .communitt s to .this `,site and :an. occasional cottonwood or. willow may be seen on: soit inclusions 'associated with the site. Ground 'cover amounts. to, as much as 50� or more. Plants not- a part = of .the .native community that are most likely. to invade when the ',is,: ..cover deteriorates are tamarix .gumweed, kochia„Russian thistle; * poverty;weed and prickly pear. y_ -. ,. RANGE SITE NO. 35 Pale 2 �.„ SALT MEADOW December 1975 } Native (potential) Vegetation and Guide for- Determining Range Condition. • w _ r Percentage composition by weight of' 'the principal species .may, total as much as . �`. Alkali sacaton 45 `'Switchgrass 20 :- Western wheat grass g a s s `: 0 - Sal tgrass • 15 Alkaii bluegrass 10 ' Baltic rush 10 • �' `Sedges 10 `Canada w i l drye, 5 Slender wheatgrass . 5 Foxtail barley 3� Y a 1 • f m'+ .V 1•t pJ x f t'. > a 'Licari ce roots ' �, Q four tin 'sal tk�ushI. ,' F ;, , �� Greasewood sr c : Others (as listed above) 1�;',! ' 5 �•' 4. Total Annual "Produiction " k Favorable;�,years • 3000 ,Potnds per 'Acre-Air `try Unfavorable years 1000' „ t' 11', 1, +� • . . ears 500 •".:.:',:.:1„.t..3;-.2-,:,,..,'' " ."'sed i i n y , -1 ! S �� f 1 ) 1 _ 5. Soils r2 `a oilstiare iarliebie in texture and saline They are generally `� • alluvial- and c haracterized by ,an`effective water table as ▪ erified by leying or mottling inrthe first 3 feet. • • , � _ l�. e r � .' _ y3 v�kJ � t';: b� Soils in this •site are -,-....;,-,7-,: -_,::,„,.1 ,-,-F} i 4 '"7 Alplshapa°clay "•-,,- r Las: clay..loam�°. Apl'shapa .'clay loam • Las An•i nas soils �Apishape' loamy sand Lebsack lay'foam, wet s Bloom loam' ,Lebsack silty clay loam, saline Harvey loam, wet- • Loveland clay loam ` �' Haverson` loam, :saline Masher clay 'Hayford silty clay loam; saline Mosher 'loam Heldt clay, saline Wann soils, sal ine � Heldt clay�;�loam, saline Westplatin] n silty clay loam ; �;, :Las loam !. . `,•-•,::,-•,,; i r, RANGE SITE NO. 35 Page 3 SALT MEADOW December.,_1975 11 6. Rare;'"Threatened or Endangeret r Pl ants' and 'Animals ' ; (To be added when known) r.� 7 LocatIon of Typical Examples :,of the 'Site a'1Saline lowlands along Platte; Arkansas and `other major. streams. and in other locations having ;salt .meadow--character istics, and where beneficial water: table;.exists 8 _ Field Offices In-Colorado: where the site occurs ;. 305 . Brighton a a 4 306 �.Burl:ington " ' �r s` 311 F Cheyenne�We11 s > � r ��` 313.= Colorado"Springs s �, 322 Flag]er 323 Fort Col l ins 4 325 tort Morgan p s 329 .Greeley 333 Holly 335" Julesburg r , .336 Kiowa 338 Lamar • t �,; 339 Las Animas fi 341'. Longmont v { 3481 y u a 349 T,l ocky Ford z , 351 Simla Y 352 Springfield • 35 Sterling. d f r 355 z9.yers �� ti F �x �, z 356 Trdnidad z � � p y 359 � Walsenburg• r • r 361aWray; � F 362` :Vuma 370 Eads 371 Hugo as .,, • s • RANGE SITE DESCRIPTION - Colorado - 1974 L . M •ajor Uses and Interpretations for the SALT MEADOW Range Site • Use of Product Value Rating ' `Not NighMedium Low ; ''Appli • cable 1 Grazing Cattle ;. • Sheep.. . X' Horses = X Wood Products :, r, • • '�a ''a • 3 Wildlife '� �,.� y J a , a 1 • fi Antelope X ' Bison Deer Y• Elk X Cottontail Jackrabbit t. . • •• r y,�� • r " Upland game �:birds' Y • _ . X z , Waterfowl s • wz 4 Watershed X 5. Recreation. and Natural Beauty X 1 M i t i I LC • .`- CE , I ME . i HI i•liNlhC SER\ LCE PHONE 1303', 3664000 EXT.404 9" 1777 , 15 10TH.TFiEE:T" __ GrlEEL[Y,COLORADO 80631 ,. # , 7.7. 1 i s .,,,..1 % .IV' P. • ,,.. «V F. ' COLORADO October 31 , 1979 1 Deni L. Lennon Varna hnterpr. i ses , Inc. 2130 South 96th Street Broomfield, Colorado 80020 I . ' RE: Open Cut Gravel Operation - SUP-248 : 74 : 11 Dear Deni_e : ' Upon receipt of your inquiry this office reviewed the files for the above referenced document. The Weld County Board of Commmissioners granted a permit on June 24 , 1974 to the NW4 of Section 31 , T3N, R67W of the 6th p.m. in Weld County for an open cut gravel operation . As pointed out on the enclosure from you, you are sti.l ] within said . NW;, and are therefore operating within the limits of the Weld County permit . 7 would request that you forward copies of your reclamation plans for Phase 2 so our files can be kept current. ' .: _ If have fu her questions please feel free to contact me . V:ry ruly ou s, .,.. , , • : Thomas F. Horn Zoning Administrator TEH: snp cc : Colorado Mined Land Reclamation Board 1313 Sherman Street - Denver, Colorado 80203 s 4 RE:rukren MAY c 1:\1111I1 ;)I? r^ 0 tu • �t! UNION RURAL ELECTRIC ASSOCIATION, INC. P.O. Box 359 (303) 659-0551 Brighton, Colorado 80601 ENTERPRISE 222 May 2, 1980 Vern Nelson, Nelson Engineers 822 Seventh Greeley National Bank Plaza Greeley, Colorado 80631 Dear Mr. Nelson: As per your request today enclosed are copies of the Association's recorded easements which apply to the subject overhead distribution and transmission line in the NW4 Section 31, T3N, R67W, 6th P.M. , Weld County, Colorado,. Also enclosed is a copy of the R.E.A. system map showing Section 31 and route of the line in question. The right-of-way is a 30 foot wide easement, 15 feet on each side of the line as built. I hope that this will answer your question. Please call if I may be of any further help. Sincerely, UNION RURAL ELECTRIC ASSOCIATION, INC. Bill Meier, Right-of-way Engineer BM/ccb Enclosures "A Consumer-Owned Utility Serving Five Front Range Colorado Counties" I dz !PQ =®_ [ 011 �E 13 ri � .J 3 , l !Vy® P 7 . I I S 6c j a 1 0- _b 1 r :(//re. -/ - 'i• I 1 ,^ > I V Y O N 5 Q • Rd.28 i lot Pi i • T I• s z0 e f w I.r? / / -..----'-'7..........._,...___-..----.--• K $ :tilti ma'.!l4.- .-�>PI3L,, / 60 i 7.i-it] 11 31 �;t. • I• } 3 A t ®f- 0 '- , , ®ro 1. .. '• • M - - �oi,.E 2I-31-y/ 7 1 JOINS MAP 33 C SCALE DATE REVISIONS AND PURPOSE UNION RURAL E -- - ---- IAT10 I INCH n ;-ac-7,- A2C//ir� --__---- A .r,- -- -' - - -- -- BRIGHTON . _ L — 1 — COLORADO 22 FIELD CHECK FILING NUMBER: Amended SUP-248:85: 18 DATE OF INSPECTION: May 24, 1985 NAME: Varra Companies, Inc_. REQUEST: Open Cut Mining LEGAL DESCRIPTION: Pt. NE1 of Section 31, T3N, R67W of the 6th P.M. , Weld County, Colorado. LOCATION: Four miles north of Firestone LAND USE: N Agricultural E Agricultural S Agricultural W Agricultural ZONING: N Agricultural E Agricultural S Agricultural W Agricultural COMMENTS: Submitted maps accurately show the physical features of the property. This request would add 155 acre mining operation to an existing sand and gravel mining operation. Weld County Road 13 is paved. The main access to the pit is from Weld County Road 13. Weld County Road 15 is gravel surfaced and an access is available from the southeastern corner of the site. The St. Vrain creek passes through this property. There is an existing oil or gas production site with tank batteries on the property. By: Chuck Cunliffe, Direc r Department of Planning Services LAND-USF APPL7CF'I'ION SUM APY SHEET Pate: May 28, 1985 Jc- F NUMBER: Amended SUP-248:85: 18 NAME: Va?ra Companies, Inc.. ADDRESS: 2170 S. 96th Street, Brocr fi1d, CO 8002e REQUEST: Amenced Special Use Pcrm-t to include 155 acres in net, open-cut, sand and grave' r in'::p operation LEGAL DESCPTPTfO : Pt. NE/ of Section 71 , T?N, P62k of the 6th P.M. , Weld County, Colorado. LOCATION: Apprc .imatt•i1 /: miles north of Firestone, 1/2 mile east of Weld County Read 13 and north of Veld County Road 26. ST,E OF PARCEL: 155 acres, more or lens nC1PIF ISSUES SUN,1'LP=D FPOY APPLICATICi. MATEPIAIS: The criteria for review for this proposal is listed in Sections 74.? and L/ of the Weld County Zoning Ordinance. The Weld county Engireerin • Department is proposing a ro<'d maintenance and improvements agreement , Panhandle Eastern Pipeline Company is requesting protection of i t, 50 foot right—of-via, easement over and cross the property. Amoco Production Company, is forwardirg comments prior to the .Tune 5, 1985 ree.:tirp Cr. letter from a Furrot,rc.:, g property owner concerning an irrigation ditch in the immediate areE hr.s been submitted. 1 t- (' L7.-t� n1 t(, 11.e 7('L:!1'4:, Cf t}.( :'toot C'}� r(?'( ;, ('C• ( ti ('cunt; 7cl'i.L. r7t'1I2I ('e ; ILI'T 'C' 1.E; i1ik_ 6i_' . is 1_El[; 77T• t}'.E (1i,I'},ti ('r COTIJ _( TEi,: o_ I7 C.1(7 rv.7cr<.cc _c Cllnf Centre. C( r.tE. elf ICth �'trtet F't.< t 'ce7 , C'rlrt�'e; Col( i<sec;, � t tie fir(_ 1,(.(.;{}c c', r.'7 It'll-•(;): it_ r'I „ edict_ I:tt3 (El (c' _i; tlt ` < c I'. ( Fern. t c _( 1 • (1t t''(7 1 (' <`-title Tr(T I= 1't' 1.(e :-(' q(,I..�(' ._1 r �} l _ 1 ( „ I 'I:t , c(' pz„ ty ct'; ''7 ( t}-t r2ct•Er-cr c-. ( (I17t 7(-1%0311 to I!'t}'t I s ( ('(;t (' ( f t1'E 1'7C( r(•C_l1t,; Ii' cee-il iol to ttlkl'' 7e( (-Id w} Ic} 'l 1-e 1:.-lt l ,'."I:} t1_t' 1-tr'ling, tic 07 el lu t1_(- Fccrc_'c Cf± Ct' cIr: }'e (.ort ete(' fci I ' 'E1 ( f co) 'f c (' CC,L7r Ye',o7t (-7 . ='T he CIE l (r:I�r t c} C 1 te1 It ( 1 tI 'nrd, tI e ('lE71 to t1,(• 1 'arc'. 'E Office Lf .?LC'.1� <"^(: , :;oI� It ]c c-1 -5 E• CIS l.7 i(. ICS Ile 1t t ( I _ r I( pc) t 1:t' lone 1;;. tl-_e FF TT I .'(' }� ('GI t l l t t r, t 1,T � c (.(, — r,(.(, t I(' r;E,](' Corl.t�, 1; i: W., 1:t t , 'r li e(' 11 t c f= ('t' (:.,`' tie ('lei t ( i c !.1<;j c COTxTt;• roi'I: 16, i(:I.E'T : ''(;(ctP't' £ tlt L''( i<' renI t}' f•t"i'LeIIxc - f E'L1 (i7 i �'- - (7;11: ;1 ) rtt, ". i'is F7ccr . l MI 1( l.(i(,ki-1 NC. Pr.:_.r. AF'i r(:I:l'l r�ie� Inc. ( 1 l_} c-r t F. F I T I'er= e s Col( ado Lt-Vi F: Jul_ - 17, 1Sf'`: 1;i : %`:OC' F .i•�, F'}'Q1.1-S') ' E,11 €Ld fraE I'Er Ft vr. ' t tl i!( JLC'(- 15,5 ocCes, ir; r Gt# , opE -cot ci (' li (1 gri?tic,7 Ii-Jnlr cl.t7t Jon Fr/T l'}', ( ti;}' =(`I` : it>_t of 11,e ,'FL , Sec(-I(-n .71 Towr.E1 1p _ 1:( i11 , Ft�t �t (7 Llef.t (=f 11.e 1-17-1- FC/FF Cl ((•I'i' 1\i fIkF 1'•` : F/}'tc Ai'-Iy 1 }.l,t,';} _i 1. ( 1 !T1 -h i EI-(C1,1 i} /1y1: (:I } 1:1,: ( Fe l 1 f r,--Fun; . 1,l�' i , I C, r 11''1`-I ,'I 1c .` ;n the ,(1,: 'c>*-,I, FIc-e : AFFIDAVIT OF PUBLICATION NOTICE Pursuant to the zoning laws of THE JOHNSTOWN H N S TO W N BREEZE the State of Colorado and the STATE OF COLORADO Weld County Zoning Ordinance, a public hearing will be held in 1 SS the Chambers of the Board ofCount f Weld COUNTY OF WELD 1 County, Colorado,Commissioners o ado, Weld County Centennial Center, 915 10th I, Clyde Briggs, do solemnly swear that I Street, First Floor, Greeley, am publisher of The Johnstown Breeze; Colorado, at the time specified. that the same is a weekly newspaper interested the any manner printed, in whole or in part, and published Permit are requested to attend in the County of Weld, State of Colorado, and may be heard. Should the applicant or any and has a general circulation therein; that interested party desire the Said newspaper has been published presence of a cenified court continuously and uninterruptedly in said reporter to make a record of the proceedings, in addition to the County of Weld for a period of more than taped record which will be kept during the hearing, the Clerk to fifty-two consecutive weeks prior to the _ the Board's Office can be con- tacted for a list of certified court first publication of the annexed legal notice reporters in the area. If a court or advertisement; that said newspaper has reporter is obtained, the Clerk tothe d ll be been admitted to the United States mails as advised oinwritingf of such action second-class matter under the provisions of at least five days prior to the hearing. The cost of engaging a the Act of March 3, 187'.1, or any court reporter shall beborne by aamendments thereof, and that said the requesting party., newspaper is a weekly newspaper duly BE IT ALSO KNOWN that the text and maps so certified by the qualified for publishing legal notices and Weld County Planning Com- advertisements within the meaning of the mission may be examined in the office of the Clerk tc the Board of laws of the State of Colorado. County Co nmissloners, located That the annexed legal notice or advertise- in the Weld 'county Centennial advertise- Center. 915 '0th Street. Third ment was published in the regular and Floor. Greeley. Corrado. entire issue of every number of said weekly DOCKET NO 85-49 newspaper for the period of .1... consecu- APPLICANT five insertions; and that the first 3srra Companies. Inc. cio Gilbert F. Rindahl publication of Said notice was in the issue of_ 2305 Smith Syracuse Way'No. 217 said newspaper dated ..., A.D. Isf 5, Denver. Colorado and that the last publica ion of said notice 80231 was in the issue of said newspaper dated DATE: Judy 17. 1985 , A.D. 19 TIME: 2:00 P.M. In witness whereof I have hereipito set REQUEST: Amend Special Use my hand this - day of permit to include 155 acres in a A.D. 19. ,E wet, open-cut said and gravel mining operation 22Pub1kh .r tectinrtge7Wesofthe6th P.M.. Weld County. Colorado BOARD OF COUNTY COMMISSIONERS WELD C CO UNTY, Subscribed and sworn to before me, a Notary Public in and for the County of BY: MARY ANN FEUERSTEIN Weld, State of Colorado, this ....,?.h.. day of COUN'Y CLERK AND 19 Al.). i RECORDER AND CLERK f % TO THE BOARD BY Mary Reiff. Deputy DATED 1 '985 Notary Public. PURL `ft.D JLO 3, 188ft n JOh,-,s'cw,,. Breeze My commission n expires Affidavit of Publication STATE OF COLORADO) County of Weld) ss. 1 ! of said County of Weld being duly sworn. say that I in publisher of that the sonic is a weekly newspaper of general circulation was printed and published in the LEGAL NOTICE BOARD OF COUNTY town of COMMISSIONERS Pursuant to the zoning laws of the State WELD COUNTY,COLORADO in said county and state: that the notice of adver- of Colorado and the Weld County Zon- in Ordinance,a public hearing will be BY:MARY ANN FEUERSTEIN tisement,of which the annexed is a true copy has g COUNTY CLERK AND RECORDER been published in said weekly newspaper for held in the Chambers of the Board of AND CLERK TO THE BOARD County Commissioners of Weld County Colorado, Weld County Centennial BY:Mary Reiff,Deputy •.)�- E(1ta Sv('({L1`t14"e� Center. 915 10th Street, First Floor, weeks: that the notice was published in the Greeley,Colorado,at the time specified. DATED:July 1,1985 All persons in any manner interested in regular and entire issue of every number of said �: the Use By Special Review are re- newspaper during the period and time of publiea- quested to attend and may be heard. Published in the Platteville Herald on Thursday,July 11,1985. lion of said notice and in the newspaper proper and not in a supplement thereof: that the first Should the applicant or any interested party desire the presence of a certified publication of said notice was contained in the court reporter to make a record of the issue of said newspaper bearing the date. the proceedings, in addition to the taped record which will be kept during the hearing,the Clerk to the Board's Office date of A.D., 19 - can be contacted for a list of certified court reporters in the area. If a court and the last publication thereof, in the issue Of reporter is obtained, the Clerk to the Board's Office shall be advised of such said newspaper,bearing date,the 7 clay of action at least five days prior to the hearing. The cost of engaging a court , 19 ( t-!that the said eporter shall be borne by the requesting party. L, I -._ ,_, � _ BE IT ALSO KNO6k'N that the text and has been published continously�and uninter_ maps so cerfifed by the Weld County Planning Commission may be examined ruptcdly during the period of at least fifty-two in the office of the Clerk to the Board of consecutive weeks next prior to the first issue County Commissioners, located in the thereof containing said notice or advertisement Weld County Centennial Center, 915 10th street,Third Floor,Greeley,above referred to: and that said newspaper was Col- orado. at the time of each of the publications of said notice duly qualified for that purpose within the DOCKET NO.85-49 meaning of an act entitled. "An Act Concerning APPLICANT Legal Notices. Advertisements and Publications Varra Companies,Inc. and the Fees of Printers and Publishers thereof. cio Gilbert F.Rindahl and to Repeal all Acts and Parts of Acts in Con- 2305 South Syracuse Way,No.217 {het with the Provisions of this Act" approved Denver,Colorado 80231 April 7. 1921, and all amendments thereof. and DATE:July 17.1985 particularity as amended by an act approved. TIME:2:00 P.M. March 30. 1923. and an act approved May 13. 1931. - . REQUEST:Amend Special Use Permit to include 155 acres in a wet,open-cut sand and gravel mining operation Publisher LEGAL DESCRIPTION: Subscribed and sworn to before me this Part of the NEy,Section 31,Townst.:p 3 North,Range 67 West of the 6th P.M., Weld County,Colorado day of '//:/„ ', a/ A.D.. 19 7 Notary Public My commission expires P T fl T -1 I'T_,r ASE, # 1"ei _r° . 11 " e+' { 4 R -1 fir_: --- `{`1,,Ad 3 _r1 ij f 4,6 i c"{+_T__._.._. ... fl_ e � s, /firm':4-46 / r,0 ,d,3—a et 4J ,.« ;9 - `°, , _ ,� 7,,',," IAA) Ma'J*At ‹,1 c'uAJ. ` d M LOCa.`T I MT`_. 1M e F }lmr if "•...iik",, e. ' e t- .* `' '` z..,,`° DATE Y App1_icat ::on Received K H a i App icaifieu. °c '>>orn f e t e w " .r card Hearing DateFl Ar- k __.__ f ., en's Applicant p' ` F �_ T i 0 _ ,t' e,9 p k rafted 3 , — +5 • RE, r e,3 4. <rr� .r'c e' t ax ... Mailed tY . , :_pd, E - , r ' ,,,-:c ,,-,, ' he?r c L.6 E ,_ '. ' .3 rafter': , ,,, _ 'n Typed ii : { n.g Action', - & ,_e `_i t on. __ _ m '� - , ?Or Sent To Applicant i.e = ' S umma r 7 or Minutes Filed in Case s -, -.-'"m......_,,.._..,..'F .ate ads • f_._._..__',..\..i4.t __._,._.._ .._,-.,_.__. , `r , by ,:a YApplicant , : 'a—' r' led a)F; `'c ;' n " " 8 7 lt_ "4 Ker.,-,iJed • I 1 VARRA COMPANIES, INC. 1 AMENDMENT APPLICATION 1 FOR 1 USE BY SPECIAL REVIEW PERMIT 1 iN WELD COUNTY, COLORADO 1 1 APRIL 24, 1985 1 1 1 1 PREPARED BY 1 ± I R1NDAHL AND ASSOCIATES I 2335 S. SYR.AC�SE WAY 1 I 1 DENVER. C.7.)1.'.0RACO 80231 I • • 11111 Gilbert F. Rindahl,F.E: IC. Jay Silvernale Bruce G Rindahl I Rindahl & Associates • 2305 S.Syracuse Way • Suite 217 • Denver,CO 80231 • (3031 696-6846 II April 22 , 1985 I I Weld County Department of Planning Services 915 10th Street. , Greeley, Colorado 80631 IGentlemen : I Varra Companies , Inc. respectfully requests favorable consi- deration for approval of an addition to their Use by Special Review of an application for mining sand and gravel in Section 31 , Township 3 North, Range 67 West . IIThe following statements correspond to the Weld County Procedural Guide for Use by Special Review. Ia. 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 I Interior , United States Geological Survey prepared in coop- eration with the Colorado Geological Survey describes the area as : I GRAVEL DEPOSITS UNDERLYING TERRACES AND FLOOD PLAINS - Pebbles generally well rounded, unweathered; deposits contain little IIdeleterious "lime" (CaCO3) . Lithologic composition reflects bedrock in source areas along Boulder Creek , St . Vrain Creek , Lefthand II 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 . I Source of best quality gravel for concrete aggregate and road material. II I 4S' RNISIVI EFI Engineering& Environmental Services _ (A1 • • Weld County Department of Planning Services April 22 , 1985 I II Page Two b. The proposed mining is consistent with the intent of the district in that this is an amendment to the present ' operation West of this proposed site . Mining is also in progress on the South side of the St . Vrain Creek , adjacent to the Varra Companies , Inc. operation . c. The use will be compatible with surrounding land uses since mining is in progress on the adjacent West and South properties. ' d. Future uses would be limited to those which could be compactible 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 I 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 Ia. Type of use - sand and gravel mining . ' b. Nearest residential structure is approximately 3,500 feet . c. Plan of operation calls for approximately four employees working one shift per day . d. The maximum number of users , patrons , members , employees , or buyers on site is an estimated six. e. Not listed. f. Animals are not a part of this use and none are expected to ' be on site . g. There will be no structures on site . All materials will be ' hauled to the adjacent operation for processing . At a later date a portable crusher may be set up , located outside of the Flood Hazard Zone . (See Mining Plan Map) . I • • II Weld County Department of Planning Services April 22 , 1985 II Page Three t h. No County or State Highways will be utilized in hauling materials from this proposed site to the adjacent permitted site . Trucks will continue to access the site from the Varra Companies , Inc . site , Weld County Road 13. Approximately ten , 25-ton trucks will make five trips each per day . Ii. There will be no domestic sewage facilities . It is possible that a "Jiffy John" or similar will be installed outside the Flood Hazard Zone at a later date . IIj. There will be no stockpiles , storage , or waste areas in the Flood Hazard Zone . I k. There will be no debris connected with this operation . 1. Total time for mining is estimated to be 15 to 20 years . Please refer to the Mining Plan in the application booklet .II m. The area landscape plan is contained in the Reclamation Plan in the application booklet. . lln. 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 I around the pond. See application booklet for further details. o. Fireprotection willbeon site with tanker fo r t trucks used dust suppression and fire extinguishers at. each equipment station on the Varra Companies , Inc. site . I Sincerely, RINDAHL & ASSOCIATES, INC . 1 Gilbert F . Rindahl, P.E. I President GFR/j d/56 1 Enclosures ll File No . 85-0304 APPLIBATtpe I • USE BY SPECIAL REVIEW • Department of Planning Services, 915 Tenth Street, Greeley, Colorado I Phone - 356-4000 - Ext. 400 Case Number Date Received I Application Checked by Application Fee Receipt Number Recording Fee ReLeipt Number ITO BE COMPLETED BY APPLICANT: (please print or type, except for necessary signature) II (we) , the undersigned, hereby request hearings before the Weld County Planning Commission and the Weld County Board of County Commissioners concerning the pro- Iposed Special Review Permit of the following described unincorporated area of Weld County Colorado: LEGAL DESCRIPTION OF SPECIAL REVIEW PERMIT AREA: NE 1/4 Section 31 I T N, R63 W LEGAL DESCRIPTION of contiguous property owned upon which Special Review Permit is proposed: Section T N, R W I Property Address (if available) PRESENT ZONE Aw 'cultural OVERLAY ZONES Flood hazard TOTAL ACREAGE PROPOSED LAND USE Adricu] tural land EXISTING LAND USE Agricultural land ISURFACE FEE (PROPERTY OWNERS) OF AREA PROPOSED FOR REZONING: Name: Harold E . and I_aVerna NelsonI _ Address: 1195'5 Weld County O. 15 City L onq[pont Zip_ HOSH I Home Telephone # Business 'I'elephons $ I Name: Address: City Zip Home Telephone # Bum,nose Telephone # I Name Address: City Zip Home Telephone # Business Telephone # II APPLICANT OR AUTHORIZED AGENT (if different than above) : Name: Li Its i t I . Rindahl Rindahl & A s socintes , Inn . Address: 2305 5. Syracuse Way, #217 City Denver Zip 8021 Home Telephone # Business Telephone # 696-6H46 Owner(s) and/or lessees of mineral rights on or under the subject properties Iof record in the Weld County Assessor's Office: Name: Harold i . and I aVerna Nelson Address: 11955 Weld County Rd. 15 City I ongrrront Zip H05H1 Name: IAddress: City Zip Name: Address: City Zip II 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 WELDt-:',q [1>,r) STATE OF COLORADO ) Siynattire. Owner or Authorized Aunt _ . .. , ___ �_,.,..r„ -- k;, ---)4 /AA,, of 7/;-/ . D 19 : I I . • • AFFIDAVIT OF INTEREST OWNERS II SURFACE ESTATE Application No. IISubject Property Varra Companies. Inc. - Varra Companies. Inc. Amendment ISTATE OF COLORADO ) ss . ICOUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or I her knowledge the attached list is a true and accurate list of the names , addresses and the corresponding Parcel Identification Number assigned by the IWeld County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property subject to the application. This list I was compiled from the records cf the Weld County Assessor, or an ownership I 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 Ifrom the records of the Weld County Assessor shall have been assembled within thirty (30) days of the application submission date. 7/L, :- L:L,/1/7 / c-r il /I I The foregoing instrument was subscribed and sworn to before me this day t /.4,-, .L- 19,x7;, by -(�f,A_?,e t-4_i ,>��c.-4,� e_ II WITNESS my hard and official seal . My Commission expires :I Notary Public I • • IAFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Application No . IISubject Property Varra Companies, Inc . - Varra Companies, Inc. Amendment STATE OF COLORADO ll ) ss . COUNTY OF WELD ) IITHE UNDERSIGNED, being first duly sworn, states that to the best of his I 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 II 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 IIfrom an ownership update from a title or abstract company or an attorney. 1 i ' 7 I -7,. ,.4,-yi„ //4,, The foregoing instrument was subscribed and sworn to before me this ' - .-J'_, day of ,, _:___,. , 19 :.: By Zr,'_ i�,,,cv .)_ /-,•e-- I IWITNESS my hand and official seal . My Commission expires : 1 N ,tary Public 1 . • NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET ' Please print or type NAME ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL ' STATE AND ZIP CODE IDENTIFICATION # Gilbert P. Acord 7541 Weld County Road 26-3/4 62120930000009 Longmont , Colorado 80501 Gilbert P. Accrd 7541 Weld Coc.nty Road 26-3,4 62120932000029 Longmont , Colorado 80501 Joseph F . Timko, Jr. and 7095 Weld County Road 26-3..4 62120932000028 ' Judith Timko Longmont , Colorado 80501 John H. Pivonka and 17566 County Road 30 62120932000027 Lorraine L . Pivonka Sterling, Colorado 80751 Harold C . Nelson and 11955 Weld County Road 15 62120931000026 LaVerna Nelson Longmont , Colorado 80501 �_.. .e Eldon Von Ohlen and 9661 Weld County Road 13 62120931000025 Mary Sue Von Ohlen Longmont , Colorado 80501 Varra Companies, Inc. 2130 3. 96th Street 62120931000049 Broomfield, Colorado 80020 I I • I t /'EL D CCUNTU, COLORADO SPECIAL USE APPLICATION For OPEN CUT '.lIFE PERCIT Ipits,(gravel tits, etc. ) 'geld County Department of Planning Services 9i5 - 10th Street, Greeley, CO Phone 356-4000 EXT 400 For Department of Planning Services Use Only Case Number: Date Application Received: PC ;fearing Date: Section: , Township: North, Range : 'Jest Zoning District: Recording Fee: Permit Fee: Recording Fee Receipt #: Receipt Number: Application Reviewed By I To Be Completed by APPLICANT In Accordance With Procedural Guide Requirements : 1. I (we) , the undersigned, hereby request a hearing before the ',geld County Planning Commission concerning a proposed Open Cut sand and gravel (gravel, coal, borrow pit, etc. ) ,mining operation for the following described unincorporated area of Yield County: LEGAL DESCRIPTION: The NE 1/4 'of Section 31 , less 5.6 acres in the SW 1/4 of the NE 1/4, Township S North, Range 6/ West , of the 6th P.M. , Weld County , Colorado. I TOTAL ACREAGE: 155 2. Surface owner(s of area of land described Name: Harold P. and Address : 11955 Weld Cty. Rd. 1 hone: Name: LaVerna Nelson Address : 1 nngmnnt f�l R115[l1 Phone: 3. Owner(s) of mineral rights to substance to be mined Name: Harold E. and Address : 11955 Weld County Rd.phone : IName: LaVerna Nelson Address : Longmont , CO 80571 phone: 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 3ack of This Porn) 5. Address of applicant and general office 0020 Applicants address: 2130 S. 96th St. Broomfield, CO Acne: 666-6657 General Office address : SAME Phone: 6. Identify any prior permits for open cut mining held by applicant or affiliated person: Varra Companies, Inc . Pit , Carr Pit , and Pit No. 5 7. Description of Operation a. Types and number of operating and processing equipment to be employed: In the first half of operations, mining Phases I and II , no on-site processing will take place. All materials will be hauled to and nrnnPccAri of 4 i o ,, a; U---- -4 r TT ii _ ID • c. Number of stages to be worked: five ' and periods of time each is to be worked: l=ach phase, as shown on the Mining Plan Map, will last about three to four years. il d. Thickness of mineral deposit: 20 feet, and thickness of the overburden: fa" in 2 feet e. This will be a wet dry pit operation If. Site entrance/exit points and county roads and bridges to be utilized between site and delivery point(s) (must be coordinated with County II Engineer) : The first two phases of operations, approximately ten years, transportation of materials and all site access w711 be- -from the existing, permitted, Varra gravel operation off Weld County Road 1i, il one mile South of Colo. Hwy. 66. For the latter ten years of the operation, Weld County will be nollTied if this access point as to change. 8. Description of Rehabilitation a. Proposed rehabilitation land use(s) : Agricultural/wetland Ib. Source of technical advice for reclamation: hiItniI I . Rindahl , Rindahl Associates, Inc IIc. Explanation of Reclamation Process: Mine five acre parcels with cuntcmnoraneuus reclamation. Approximately OOP Iii two acres of shireIino will be tolruiled and r.everletated each year. l nd resell wi I I be I r ,c ponds with ryveajejutexl sflnrelines and surrounding arras;, Lrnvidinal an increased aquatic/wildlife habitat . 1 I I hereby depose and state under the penalties of perjury that all I statements, proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge. COUNTY OF / ), ,',: .I ` STATE OF (` ,1 (,_7 i'; a C Signatl:re: Owner/Authorized Agent IIsubscribed and sworn to before me this day of i�.� E' , 19 I SEAL NOTARY PUBLIC My Commission expires ��, ; �� `�, l�>�(I t I • 0 I >EXHIBIT- a L._E: Ps L... R I i-!T "7-C3 ENTER IThe operator h,..ts, the _ e Qa1 right to enter this pit <as indlL_eted by the fcDl Lowing cacti ficatir..;H . II certify :.hat Varra Companies,es, Inc . operating he amended ),ar`rea Companies,es, Inc . Pit has the 1 ecel r i dht to enter and mine and .. the proper=and anu L)Y :jVel on r-; ;e �,r c: _rr -v described below: I [he NE 1 /4 of ;section 31 , less 5. 8 acres in the c=W 1 /4 of the NE 1i 4, Township _ Nor_rh. Nance 67 West, of the I 8th P. N. . Weld County, ork;ao. :IL, i 76t--,---e,, Signe=d and sworn to me this _ /.�- de/ of . �, ` -4_�__..._e I Date — — — ' t_ry Fubiic If ,1, rran i c>1-on p r e I I I f I I I -1 I I • • I • IIlnrold I Nelson nod ALL MEN BY THESE ['RESENTS, that T . I ( aVerna Nei son (name) , the undersigned, pf 119) Weld County Rd, 1 Longmont , Colorado 80501 _ _— _(address) , ICounty of Weld _ State of _Colorado here- Iby constitute, make and appoint t,i ihc_rt F . Rindahl __ (name) , of Rindahl N Associates, Inc _ 2305 S� (Id2 1 Syrracuse_Way, #217 Denver , CO �a ress) , County of l�apatloa' , .1 - State of t_oloradc°_ _ — , my true and lawful attorney- ' in fact , for the tol.lowinrt purpose : To represent me in the matter of tho 1orerjeinLi attached Iapplication for a Use by Special Review __ ' etc. ) in regard to and only (variance, recorded exemption, , in regard to the particular property described in said ap- ' placation, before the Weld County Cumuli d,i oners . (Board of County Commissioners, Board of Adjustment , (-2tc . ) anu ' to present evidence on my behalf betoro ai,1(.1 ao,ro //:(.. ._°_-.1.' "1.1___. . L Subscribed and sworn to before me this .,_—‹ �___ day of ,� �" ,,,«.. 1. -- ___-.._,t- r _.-- 19J-) Cz.�, � t, .„,../ c , �- y I .f/-2_Z.,. _ L -' Tz __ Notary Public My commission expires :_2?../L.,...„._ 41 �1 � __ r/ J I), A ( v STATE PERMIT 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • • r 1 1 VARRA COMPANIES, INC. 1 AMENDMENT 1 APPLICATION 1 FOR I MINED LAND RECLAMATION PERMIT IN 1 WELD COUNTY 1 1 APRIL 22, 1985 1 1 1 PREPARED BY RINDAHL AND ASSOCIATES 1 2305 S. SYRACUSE WAY SUITE 217 DENVER, COLORADO 80231 1 IIII • vu aert r�inaanJ. ._ IIIIII C. Jay Siuerncle IBruce G Rlndahl I Rindahl&Associates • 2305 S.Syracuse Way • Su,:e 217 • Denver,CO 30231 • (303) 696-6846 PROJECT OVERVIEW Varra Companies , Inc., proposes to amend its mining Permit No. 74-52 to mine sand and gravel at a site located one mile I South of Colorado Highway 66 off Weld County Road 13, approxi- mately 4800 feet above MSL . The operation is in Weld County . This amendment is being submitted to the Colorado State I Mined Land Reclamation Board in order to increase the size of the operation. The amendment is for 155 acres . I 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 amendment . IThis amendment has been prepared by: Rindahi & Associates , Inc. I 2305 S. Syracuse Way Suite 217 Denver , Colorado 80231 I This amendment contains proprietary information and express permission of the operator or preparer must be obtained to repro- duce any part thereof. ISincerely, 1`1vocit:urrrlr,.fi. RINDAHL & ASSOCIATES, INC . ?f"7:: :- ::::..": : I Gilbert F. Rindahl, P.E. .- "is."" Li President ?" `,I ,,1,4�!t!131►V�►,,,,', I I O ..(VI'Z's. (ON ....mom.11 Engineering&Environmental Services '• IIIIVI I Ill • of_loco ik Tx $ DEPARTMENT OF NATURAL.RESOURCES i°'I ' Davits H.G.tch..Execute.Director Tom* RECLAMATION DIVISION �� MINED N E D LAND I18'6 DAVID C. SHELTON, Director , . Richart 0.Lamm ' Governor «2-T IIREGULAR (112) PERMIT APPLICATION FORM I AMENDMENT Application for Mining and Reclamation Permit, Pursuant to C.R.S. 1973, 34-32-101, II et sea, as amended. ` (Type of Print Clearly) II 1. Name of Operation I (pit, mine or site name) Varra Companies. Inc. Amendment 2. Name of Applicant/Operator I (name to be used on permit) Varra Companies, Inc. 3. Address and Phone Number of 666-6657 I Local Office 2130 S. 96th Street Broomfield, CO 80020 4. Address and Phone Number of 666-6657 I General Office 2130 S. 96th Street Broomfield, CO 8002n 5. Name and Phone Number of Person Gilbert F . Rindahl Rindahl & \ssociates, Inc. I Staff Members Should Contact 696-6846 6. Parent Corporation, If Any NONE I (include name and address) � 7. Owner(s) of Record of Affected I Land (surface area) Harold E. and LaVerna Nelson (if more than two, list in I EXHIBIT P) t8. Owner(s) of Substance to be ( Harold E . and LaVerna Nelson Mined (if more than two, list I Iin EXHIBIT P) II II d''''' (-cn+onniaf Atiilr+inrry 9111 Chorman 4trocP Denver. Cclorac+� p0203 Tel, i301) 866-3567 I • • I -2- ' Notarized Statement 9. Source of Legal Right-to-Enter (indicate what type of proof is 1 included in EXHIBIT 0) See Rule 34-32-112(2)(d) I10. Type of Mine and Substance to Sand and gravel be Mined (specify underground, topen pit, quarry, etc. and substance(s) to be mined II11. General Location and Elevation One mile South of Colorado Highway 66 off (miles and direction from Weld floury Rnah I nearest town and approximate site elevation Elevation = 4800 feet II 12. County Weld 13a Total Surface Acreage to be 155 acres ' Included in Permit (Rule 1.1 (2)) 13b Total Acreage of Affected Lands 155 acres (Rule 2.11(14)) II14. Application Fee (see Rule 2 to $1 ,555.00 determine amount, based on IIpermitted area) 15. Present Land Use (i .e., Agricultural I agricultural, industrial, etc.) 16. Surrounding Land Uses Sand and gravel mining/agricultural II 17. Proposed Future Land Use (final Agricultural use after reclamation) 18. List Mining Operations Currently NONE IIIn 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 I Land Reclamation Act. (specify affirmation) II • • ' -3- MAPS AND EXHIBITS II 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: Ii. EXHIBIT A - Legal Description 2. EXHIBIT B - Index Map 3. EXHIBIT C - Pre-Mining and Mining Plan Map(s) of Affected Lands t 4. EXHIBIT 0 - Mining Plan n 5e EXHIBIT E - Reclamation Prat, 6. EXHIBIT F Reclamation Plan Map 7. EXHIBIT G - Water Information II 8. EXHIBIT H - Wildlife Information 9. EXHIBIT I - Soils Information 10. EXHIBIT J - Vegetation Information Iii. EXHIBIT K Climate 12. EXHIBIT L - Reclamation Costs- 13. EXHIBIT M 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) 1 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 PROCEDURES 1 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. I (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. ) FINANCIAL WARRANTY II All applicants must submit a financial warranty in an amount determined by the Board prior to permit issuance. The law and regulations allow for several different types of financial warranty. You should determine what type of financial warranty you desire to II use and obtain the appropriate forms from the Mined Land Reclamation Division during the application review period to facilitate finalization of an acceptable financial warranty and permit issuance. 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 :he State Engineer and/or the Colorado Decartment of Health. ' • • ' -4- ADDITIONAL INFORMATION IIThis space can be referenced for further information of any of the items in this form. 1 To the best of my knowledge, all the information presented in this application is true and correct. Date: April 19, 1985 By: ,t1 _/Ak -��' Title (Signature by individual legally authorized to bind the operator to this application) 1 (Rev. 4/84) Doc. No. 5547 I . • IE ›C. 1-lIDIT Ea t_EGAL DCF I FT I DN IThe NE 1 / 4 of Section 1 , less 5e6 acres in L.h .-'N .'it f th.s, NE 1 /4 Township _ North, Range 67 best , of the ._th P. M. Weld uOLint:.y , tOiorado. , I I I I , I I I I I I 4-1 1 I • • I EXhfIEEIT E3 IN1I Ex MAP IThe `.'1c1rir y (nap --pLe;trs un the ,v-e .-NI1n1nQ F]. �tn M p , =F =eT i `Jt 2. I 1 I I Ill I I I I I I I S_1 I i • I ExI-1I ]BIT c FARE—NI I Ni I NC3 FEND MINING P^LsilN MA F. IThe F e-Nli. ni ng Fl an map „Appears on .73F-leet 1 0+ 2 .L.Id che Mining F-.ian map appears on : beet 1 0+ 2. I I , I I I I I I I I I -1 I I • • I EXHIEcIZ— I) MININCG F L_4IN Thi s Ni 1 I be a Jr . mining operation. Each :.tease wi i i be dewatered prior to commencement of that phase. I Fhaee I ,wi i i begin at the northwest end of the property; and proceed southwest into 'Phase I I . Topsoil will be stripped by scrapers or end loaders and stockpiled aa.t the location shown on I the Mining Flan Map northwest corner of si L.e) . There is si >.. inches to two feet of overburden which will also be stored , separately, at this location. INo gravel processing will take place on site during F'hasee I and I.I . Materials will be excavated with a backhoe or end i oader and hauled to the existing plant site at the adjacent Oarra ICompanies, Inc. Pit . A plant site may be set up for Fhases III , IV, and V. if I this is the case, it will be located at the point shown on the Mining Flan Map. Any water requirements will he supplied from the permitted well on the adjacent site. I Addition of a plant site shall not affect reclamation costs. This stockpile/plant site will encompass the same land area (two acres) as the stockpile area for Fhases I and II which is I considered major disturbance and bonded for ripping, topsoiling and revegetatinq. The ;r;ethod of mi. ni ng an:d equipment to ',7_,E,',7_,E, i sad for- Fhases 1 Iand II will be the same for mining the remaining phases. The ditch which runs West to northeast is no longer in use. I Permission has been granted for its removal , as the head gate went out years ago and the riper changed course. Approximately five acre parcels will be mined at a time with I contemporaneous reclamation. Major Disturbance includes approximately two acres to be used I for stockpiling overburden and topsoil . This two acres will suffice for the plant site reclamation costs of Fheses III , 1V, and V. Maximum excavated disturbance will be about two acres - ' to be left as surface water. Moderate Disturbance will be . _ acre of reclaimable haul roads and ?. '., acres of shoreline and adjacent surrounding land I area to be topsoiled the first year and approximately 1 . 6 acres each year thereafter. I Minor Disturbance includes 2. 5 acres of shoreline and affected land area to be seeded, fertilized and mulched each year. ID-1 • • EperahLohs iY a. ;:=L.C :ed to I :.3t 1 ,- to 21 ears. the 3. ` .? and Iloc- tian of each phase LS =_hcn on the Minirn� Flan Map . Maximum depth of mining ,,411i be approximately 2u fe t . the I stratum .Lmmediately beneath t-ie material to he mined is !,p'r-er un1t. p1erre shale. I Ill I I I I I I I U-_ I • • IEXHIEiIT E IR CLAMAT I CN F>Lei lhi IThe reclamation plan is eo create five ponds. i ..ie shorelines and areas surroundi nq the ponds will be revegetated with native and introduced brasses. This type of reclamation is compatible with the site enu this .wetland site and open �c ' and area in that is a surrounding land space areas of this nature common to the region. This reclamation plan may reduce the potential flood hazard . The ponds will be able to absorb and retain flood - et.nr ieioci ty I which otherwise would be eperi ?nced by downstream structures ann residents. The shortage of overburden and the naturally high water table also makes it nearly impossible to backfi .l1 the site without hauling in waste material which more than likely would not be Inative to the site. Creation of the ponds should increase the aesthetic quality and wildlife habitat of this land area. IImplementation of the reclamation plan of the affected land as it relates to wildlife, air , water-, vegetation and soil is as Ifollows. I Grading There will be very little overburden in this operation. rinv overburden that is backf:illed for shoreline stabilization will be adequately compacted by machinery movement. Grading ng will be done in a manner preventing any erosion or I siltation of the affected lands. _ There are no toxic or acid producing materials associaLed with the mining operation. Shoreline stabilization will be completed as soon as feasible after the mining process. I No refuse will he mined. There will be no drill or auger holes, addits or shafts Iconstructed in this operation. 1 E-1 I • • Trading will prc. ide a ;1c :e of .. . 1 from _ feet above to 1 I feet below the epecred water line then. 2: 1 to the bottom of the ecavation. As shown on the FeciaTiation Flan Map , irregular _hor-el ine<a will be crew_ed. Reclamation will ,lot :involve agriculture (. r i'lLr"tiCL' Ure. I Water. Di sl nr bance to t_ra hydrologic balance will be rr;inl ;r:a ced by: A ( 1 ) Compliance with applicable Colorado water ices and regulations joverning injury to existing water rights. 1 (2) Compliance with applicable Federal and Colorado Water Duality Laws and Regulations. I (:') Compliance with applicable Federal and Colorado dredge and fill requirements. Dredge and fill is not part of this operation. I (4) No temporary or large siltation structure wi1l be a part of the mining or reclamation plan. See Ehibit G for further hydrology information. IWildlife and reclamation plan take i -to I All aspects of the mining account the safety add protection of wildlife on the site. Habitat management and creation is not to be part of the I reclamation plan , although the operator is offering a ,more diverse environment , with an increased wildlife habitat. ISee Exhibit H for further wildlife information . Topsoilinq IAs mining progresses, topsoil will be removed and stockpiled for replacement during reclamation. Topsoil is not expected to remain stockpiled fc:- more than one growing season . If for some I unforeseen reason it does, it will be seeded with a fast crowing vegetative cover to remain free of wind and water erosion and any contamination or deterioration. IExisting grassy vegetation will be incorporated into the topsoil . Cottonwood tree. 1D() to 150 feet from the creek will remain. Cottonwood r fees wi tlhi n the mining area will be removed Iand put to a benef i.ci a.l use, such as f i rewood. I E-2 I I 411 • The temporary stpckpiiind ::f topsoil wilL to Ln f", .'r:-Ow low I berms for wind and wafter erosion protection . . he location , shown on the Mining Plan Map , allows no disturbance by ongoing mining operations. IOnce stockpiled, the topsoil will be handled as little -.s possible, if at ail , until replacement on the shoreline. I Replacement of topsoil will produce _ptioum t ltn _r seed application. Compaction will be ad eguate to pro'.- i de L c i i t y .:Jn slopes. IThe topsoil rep] acement will be done in an eye n anner to a S- 10 inch depth. Fertilizer, mulch, or other soli amendments ��Ji 1 be added in quantities determined necessary after n ; ' i s Iof comoosi to soli samples. I F:evecetation l ineshorelines and surrounding disturbed areas are to be Irevepetated as part of the reclamation plan. Drill seeding will take place in the late fall or earl spring to ensure maximum advantage of soil moisture availability Iwhen germination occurs. The following seed mix is proposed to ensure the greatest I probability of success and is based on environmental and hcologlcal factor- common to the site. The ml ;; provicies for di erse ano long-last nd vegetation cover . ISpecies Lbs, PLSiAcre Seeds/ft: I Blue cat ama . 5 .i %° 8 5wi t.chgra ss . 1 w" 8 Alkali sacaton . 19 6. 1 I Western wheatgrass 4e _`; 10. 1 Tali wheatgrass . Vetch (v. americana) , o. e 1 . -f I10. 5 2,9. 7 Weed control will be mechanical means if hoe' s do become a vy I significant percentage of the plantcommun.it• .. A significant percentage would be considered 0 percent . I+ mechanical means prove not to be adequate, chemical weed killers recommended by a I recognized agency or institution, i . e. , Soil Conservation Service, Agricultural Extension Service, etc . , will be used as long as the recommendation conforms to State and Federal laws. I I 1=-7, 1 • • Fire Lanes will not be r-equired since _ area will not be I forested. No deposit or disposal of refuse is anticipated . No adverse chemical , physical or surface f eatLres are epec I ed . I The Implementation of the reclamation procedures'and Ti. < 55 proposed here will provide a pond with properly sloped end stabilized shorelines commensurate with the intended post--mining and use. The proposed seed mi. ; will provi ie a near net •.; ai Ii neti \/e) plant community e>:hibiting species diver. ity and composition. 1 Timetable I Reclamation will be continuous throughout the mining cue, a ti on . As shoreline is created and mining progresses, the topsoil will be replaced along the banks and seeded as soon as practical . The first year, approximately 2200 lineal feet of shoreline will I be created and approximately 1400 feet per year thereafter . Width of shoreline for reclamation is calculated at. 0 feet . . ll Final grading will be a =h : 1v slope -from she undisturbed area to 10 feet below waterline. I Seeding, � � top soiling reve etetion and topsailind have teen I previously discussed in this section. I I I I I I I I I --4 I • 1��!®iPi r I tJN F p' IP'r 1 MAC' The Reclamation Plan Map appears on Sheet 2 of 2. 1 1 1 1 1 1 1 1 I 1 1 1 1 F-1 1 I • • I E X 1-1 18 I T C3 WATEFZ I I`VFC3F,cI AST I DIV I Each mining phase will. be dewat.eyed prior to excavation n commencement. I i he 8t. 'grain 100-year floodplain covers '-l( % of he permit area as shown on the Pre-Mining Map. The f1oodplai. n limns were. obtained from Mr. William Stanton of the Colorado Water IConservation Board as delineated by Lucera and Associates. Thesite will be adequately graded to insure proper drainer e from the site. I Three culverts will be installed between the ponds to allow proper drainage and ground water flow of the site. See Reclamation Plan Map for locations. 1 Water requirements for the proposed operation include 2, 000 gallons per day for haul roads dust suppression . Based on opera- t i nq 200 days per year, the requirement wi l 1 be approximately 1 . 'e ' acre-feet per year. There will be no gravel processing on site during Phases I I and II . Materials will be excavated and hauled to the adjacent plant site. A portable crusher may be set up at a later date, as shown on the Mining Plan Map for Phases III , IV, and V. For the I entire operation, any water requirements will be supplied from the well on the adjacent pit . Perit.ted wells in the area are shown on F7 Qure G-1 and I listed on the foilowing. Table G-1 . These wells are not expected to ha affected by operations. I Discharge from dewatering the site will he monitored in accordance with the discharge permit to be obtained by the oper- ator.. Discharge will flow into the existing drainages at the locations shown on the Mining Flan Map. Fiprap spillways will. be I installed at the dewatering discharge locations. Pfter Phases I and II are dewatered, the pump will be relocated for dewatering the remaining phases. Both of the existing drainages are capable 1 of handling the water to be discharged. I I I G-1 I I • • ITAEL'= U- L Name of Well F'erni t Depth Yield Location IWe1 .1 Owner Number (Ft. ) ,F _. _ Gould, Lee 1-62-032.,569 2'5 3 1 Icord, Gilbert 1 -62-035646 41 15 7 ,raid, Fred 1-62-038262 17, 40 - i Location by number shown on Figure Ln:-1 I I I I I I I I I I 9-2 I I • • 1 e , ______ , ,,, o ti d i , , 7 o� - �— a — _ ----_ /ril,. • .a • 4994 _ '- 1y° _- ___ Ditch I --- - / eon) ,c,„...-- � /.--� I :„..,,3\ _, 1 - c,, - --, j ��a 1 _— 28 _ ✓- i _ 77 -- - - r it _z Al Vrain Sch PE ' MIT AREA 4e09 ' - -__I II y 48'.3. a 48/3 '��'' c..,,,, ..4 CMS oz s' I �� ° - � - ISCALE: 11=2000' I WELLS IN AREA SEE TABLE G-1 FOR WELL OWNERS AND PERTINENT WELL DATA IFIGURE G-1 G-3 I • • IIX F-I I Ec I T I-4 W I L_DL_ I F I NIFCa�P"1A T I DI'J ICurrently, property is being mined on the adjacent scethw _sL and western boundaries.. Due to past and present iii stur .: anoes, impacts on existing wildlife communities are expected to be Iminimal . Typical wildlife expected to habitat the site include _mall I rodents, cottontail , jackrabbits, squirrels, coyotes. fox stripped skunks, and deer. Avian species sighted in the area include geese, duck-::s, pheasants, egrets, hawks, swallows, and sparrows. According to the Colorado Latilong Study, threatened and I endangered species may include the White pelican, peregrin falcon, and the bald eagle. The landowner is not aware of any recent sightings,. IDuring the operation, there will be a temporary loss of rood and habitat. After mining, the reclamation plan will alter the existing site by providing a larger area of aquatic habitat. IImpact of any of the wildlife species is expected to be insignificant . Ongoing adjacent mining has been occurring long I enough that any previous seasonal use has long since been disrupted. I The proposed mining/reclamation plan is designed to generate minimum impact and restore the site with native vegetation , thereby enabling the return of a similar wildlife population with an increased aquatic habitat. IWildlife at the adjacent mining site has returned even as operations are still continuing. Blue heron, ducks, gesee and various other types of birds and wildlife inhabit the site at this time. The Division of Wildlife has been contacted end en Ievaluation/inspection report wi 11 be forwarded when a'':aiIabIa. I I I I H-l I • • EXI-4I EI T I SO I LS 1PWCDI NIP+T I ODN ' Two soil types occur on site as mapped by the USI)fel Soil Conservation Service, Veld County Survey and are eescr1bed by them as follows: ' Aquol i s and aquen'ts, gravelly substratum ( ) , a nearly level map unit, occurs on bottom lands and +1 aodp i a1 na of major streams.recent alluThese are deep, poor 1y drained soils that formed 111 ' vium. Commonly, the soils have a mottled, mildly to moderately ' alkaline loamy or clayey surface layer and underlying material , underlain by sand or sand and gravel within 48 inches. In places, they have a gl syed layer in the underlying material . The ' water table is at or near the surface early in spring and recedes to as deep as 48 inches in late fall some years. The aquolls s and aquents mapping unit generally has 10 to 7'4 inches of plant growth medium, however , localized scouring from flooding may have exposed the gravelly subsoil . ' H1 t''.-'an loam, 0 to 1 percent slopes, may. as up approximately six acres at the extreme southeast corner of the permit area. This map unit includes areas of poor drainage with .mail long and narrow areas of sand and gravel deposits. I brown loam about ten Typically, the surface layer is grayish inches chick. The substratum is calcareous loamy sand abut <.si e ' inches thick over gravelly sand. Permeability and available water capacity are moderate. The ' effective rooting depth 1S 20 to 40 inches. Surface runoff 1S slow with a low erosion hazard. Topsoil on site is of poor quality with a si : inch average depth. Since approximately 143 acres is to be surface water, there will be enough topsoil to cover the shoreline nd non-waster surface areas to a 8-10 inch depth. I-1 • • E3CHIFBIT a VEGETdctrT I Oh/ I iNAE® il"IF4Y I DNS ' Vegetation types usually follow soil boundaries a'; the aquol 1 s and aquents potential native vegetation is dominated nated by and western wheat rays. Potential ' alkali ��Vlaec`�T_Dn, ��W1 tCn:=jrc't55, - � western ��- Q -� _- production ranges from 3, 000 to ?„ x.,00 pounds per acre?.. Sw1 t:Chgrass, western wheat grass, alkali saci::al:ol, tall ' i -� - 9` are .vi-•,c�atyr_:7�„ and tali fescue suitable +or seeding. =,ii.r_a conditions deteriorates, saitgrass, sedge, and rush i nt.`rease. ' Cottonwood trees adjacent to the St. Vra:in Creek will remain. -T few trees, which are in the area Ce he mined as shown on the Mining Flan Map, will he removed prier to mining and put to a beneficial use, such as firewood. 1 1 a-1 • IE X i—ME I T 1< Cl_ 11"1n+TE IThe climatology ata recorded at the Longmont 2 ESE v a her. station indicates the average annual precipitation at the site is approximately 12. 6 inches per year and the annual mean Itemperature is approimately 49 degrees +=arenhei t . I Average Monthly Total Temperature Precipitation I January 27. 4 . 24 February :1 . 4 . 4: IMarch 35. 7 . 96 I April 46. 7 1 . 26 J: L-7 May . 2 �. I June 65. 6 1 . 76 July 72. 0 O 1 . 18 IAugust 69. 9 1 . 1:.. September 61 . 1 1 . 16 IOctober 5{_!. . 93 November J7o . December 7.). ,i . ?_ I Mean/ Total 48. 7 12. 59 I I I Ii,::--1 • L IR IGI___lorMiPT I DN DDSTS Major Disturbance: ' Two acres of stockpile storage area Ripping/scarifying id 1 'hr sa $50. 0 hr . TCpsO1 1 1 ng @ 1 , 210 yds' ac @a. '80/yd3 1 , 976. 06 Seed - @ $125. 00/acre 2i0. 0U Fertilize @$50. 00/acre 100. 00 Mulch @ $125. 00/acre 250. 06 Moderate Disturbance: . 7 acre of temporary haul roads Ripping/scarifying - @ 1 ac/hr @ $50. 00/nr. 15. 00 Topsoiling i ng - @ 1 , 210 yds3. ac @ $. 80/yd3 790. 00 Seed, fertilize, and mulch - @ $'00. 00/acre 90. 00 395. 00 2. 5 acres of shoreline and surrounding land area to be topsoiled the first year ( 1 . 6 acres each year thereafter) . Topsoi l ing - @ 1 , 210 yds3%ac @ $. 80/yd3 2, A-- Minor Disturbance: ' 2. 5 acres of shoreline and affected area. Seed, fertilize, and mulch - @ %30c>. 00/acre 77).0. 00 Total $6, 201 . 00 01 . 00 I 1 L-1 1 • • ' EXf--I I I T r-1 ' Local government -approval by Weld County will be for ,v r ;ieci when a'Iaiiatblee 1 I I I I r1-1 I • • I7C E--i I I T Pi DT}--IEF2 PEF<M I r DF2 L. I IG IVE8 IList o+ current Mined Land Reclamation Permits. Varra Companies, Inc.. Pit -- Permit Noe 74-5i I Jenkins Pit -- Permit No. 77-393 Carr Fit - Permit No. 80-2 Valmont Fit - Permit No. 81-7: I Varra Companies, Inc. #3 Pit -- Permit No. 31-228 Reynolds Pit Permit No. 81-244 Henderson Industrial Fit Permit No. 32-78 I Southern Site Pit Permit No. 82-y27 Northern Site Pit s Permit No. 92-'i28 Pit No. 5 Permit No. M-94-110 I I II I I I . 11 N--1 I ' • • L_ Ft I 1-i1` mTD Etv1TE fThe operator has the legal right to enter this pit as indicated by the following certification. I certify that 'Jerre Companies, Inc. operating the amended Varra Companies, Inc. Pit has the legal right to enter and mine sand and gravel on the property described below: ' The NE 1/4 of Section 31 , less 5.6 acres in the SW 1/4 of the NE 1/4, Township 3 North, Range 67 Liestrof the 6th R. M. , Weld County, Colorado. Signed and sworn to me this / - day of ' 1934- . , t q--T5- Date t to y Pub l i c My Cococ.::.:;1 Ercs Feb. 1, 1039 My commission expires I 0-1 1 • • ' E C1-� IB� IT F gNDJ 4NCEN-T` C tAJIMEFR a ' El dun and Mar Sue `'on Chien 9661 He1a County Road 1 Longmont, Colorado 81)50 .1 iHarold E. and LaVerna Nelson 11R55 Weld County Road 15 Longmont, Colorado S05'>1 Gilbert P. cord 7541 Weld County Road 26- :/ 4 ,8O5{f 1 Longmont, Colorado 6._ Varra Companies, Inc. ' 21:0 S. '' 6th Street Broom-field. Colorado :' u Joseph F. Jr. and Judith A. Tirnko ' 7095" Weld County Road 26-:/ 4 Longmont, Colorado 8:=0501 ' John H. and Lorraine L. Fl vonka 17566 County Road 0 Sterling, Colorado 90751 ' Ernest F'. and Wanda m. C:aolios C8( E. 64th H✓enue ,r, Denver, Colorado S>221 I I I I F'®1 I fi( �, - R.. ... : 11 : ) :l11 T - _ , -- i r. 1 P `3t? .1.2 : ::,7- -H.T rcoicatin for Mininc And ,• .' ')e I .fiat on P 'ii t , ur la �t .. !r �t' ;5 1 ":7,7:, , �+ ,e .n e ;02 .. ;303,i =3;-356i 9/„ (Type or Print dearly) 'll'' Name of operations Varra Companies , Inc . (Pit , mine or site name) Sand and Gravel ' a Name ao.�i ; :ant Dperatcr Varna Companies , Inc . ,`lame≥ .: D b-' _ ;_> 1 0n perm t U ar :. -,ore ;umber or Varga Companies , Inc . 44 `l -2084 ;coo offs — 12906 Weld Co . Rd . ] ;> - 1,a,norllont , ('O 80001 666-8260 ;,acrest arc pone number Varra Companies Inc . of general of:ices 666 6657 1 2130 S . 90th St . -Broomfield , CO 80020 Name an nu;ncer of per-ton Jack Varra - Denie Lennon Sti.1 embers shou10 contact 0 Parent COr. r_ __'on . H ary —. N. r ' no: .:de name address) , Varra Companies , Inc . 2130 O . 96th St . -Broomfield . CO 80020 1)'erA ' c or r�corc cr at 'ectec any s�lr*=c� area ' Varra Companies , Inc . mom trier 2 , 1 , in .,,-HEI P) PrasdalaI (' Varra - See al c 1:yh . C , i)t;IIH ':one - of aosta,,,;-_ _ � be mine I r• '1,.-r.c. than 2 , 1 i in _...i 19 I r P' 1';a rr�a Cerml>,t n i e' Inc . �_ , a1 right to enter . 1,-.1 ; ,:..".•:_ ?.. vca type of oroor is Tax Receipt - Exhibit. hi 0 I;( inc.! .:cv_ in , (WRIT 0) -- °IOT_- See ','ULE 9. (3; , ,.u1es 1 Pegs , ?. 46, .. T.ce J•: mine > substance to 5e mHcc .:-. �no r rcurd , strip , ten Open Pit - Sand and Gravel etc. a:rc succanc= ,s` to be mined) Genera; Ccation & elevation (mi les F, 16 mi . north of Firestone , Colorado on di re..,. ;on from nearest town & aoorox, mate site elevation) Weld Co . Rd . 13 . Site Elev . 4010 ,i=� Co u n:';i r Weld County l -' -\c-eaae of affected lands (Total Gross 149 A . - 18 A . undisturbed-. 2 A . roads. surface. acreage to be included i -, 129 Acres t..,.: . permit (See RULE 1 for definition) . 1, 4. Aool .c_t ion fee (See P.UL_ 2 to 1 de' termine amount) IS1 , 445 . 00 resent land 'Jse ( = .e. . ear icul t'-lral , , t - industrial , etc. ) A4,rictalturral Unit Devc.lollrJen ,. .a,.._.._....� 1OI1en Cut Gravel See Exhibit CC ' 0 . Surraundin; land uses Agricultural .--------- • 19. The lads herein Co .1r) , affect any of "n.= lards - scribed it . .. =tIon 11 3 ( ! � t I rille�-} of tne ,lined Land Pea ior; Act . (Scec '! of o- ) "APc w Cii each the F i . . (5) l;')o _ the a!_., I i -._9 _ i cn form he apblIch a correspor'_i , ng set of the .naps anu exh , bi is ou` l fined in PULE 2 , as follows : 1 . EXHI3 ! A - Legal description 2 . 7,XHIB , . 3 - Index mao 3 . EXH13 , . C - Pre-mining mining plan maa ,$) of affected ;arcs EXHIBIT 3 - Mining plan - . EXHIBIT - - Peclamation plan EXHIB ' - eclamaticn plan mao EXHI31- G - 'oiater on, - See <>1 information J�c� .T 3. EXHIBIT- H - information ° . EXHIBIT I - Soils information 1J. EXHIBIT J - Vegetation infor7lacion 1 ' . EXH d K - Climate 12 . EXH I3 . L - ^ecl >>nat ,n Cost NB de - i -d the next thre EXHIBIT ' , ≥l C . pleae rate -at the .. edition ition of the ?ulas and =ayuiatior-s omits eyeE:::;' 3I __ . This was not a deletion bv the mined '_and Pec' amat or Eoard , _he _ _C a _e i -ed f-cm :nese EXHIBITS .�es 'erel Jtransfer-ed to a hew ed to � 'c ion in the Penul at . na (PULE 9 , uc' Subsecoe I s s',Je't 7' the ,,i l I re'lec-. _~e omisIcr of ^roger :ross --eferencing In ,. IS regard. Please in . ude , i, ou," permit app : ca _ on 5Xn , 31TS M , 'l . 0 , as recui red h -7ULE _ i 2) and (3) . i3. EXH 13 M - _oca 1 government approvai See PULE 1 ) t ) l;x}1 i i t' CC 1 . EXHiB1 N - Other permits or See PULE ` 1 (_) -lixliil)it CG 1 EXHIBI 0 - source of legal ;grit to enter ) See 'PULE 9. 1 (3) Tax Receipt 1 E.'(H 12 P -- Owners of record , f surface aid subsurface rights . - I;x! I hit C NOTICE °PCCE 7i_', ES the ._aI is - _ . on is cons : denod "filed (pursuant to RULE i . i r '2) with, t,re -and ec1a' ,_tion Division , notice procedures outlined i., 'IJLE 2.2 must be fo: l _',red. Forma'_ for such notices will be included in the letter ;you eceive from the "L' Staff I . -' �'-miiing Cu% Of the completeness ("fi 1 ing") of Our app , i cation . ADC IT1CNn ., :N.:^,A , Vii ais space can be referenced for further information of any of the items n this form. To _`e bey' 1 , t t i m� rCrioVll''' _ 'e information oresenteg in n a:: -_- - :rue andcorrect. _ �� CoI : cis , Inc . BY T t T t% ATTACHMENT TO REGULAR (112) PERMIT APPLICATION TO MINED LAND RECLAMATION BOARD FOR MINING AND RECLAMATION PERMIT FOR VARRA COMPANIES , INC. , BROOMFIELD, COLORADO JUNE , 1980 EXHIBIT A - Legal Description A tract of land located in the NW1/4 of Section 31 , Township 3 North, Range 67 West of the 6th P .M. , WELD COUNTY, COLORADO, said tract being more parti- cularly described as follows : Beginning at the Northwest corner of said Section 31 , thence S 00° 03 ' 22" E along the West line of said NW1/4 , 2652 . 51 feet to the W1/4 corner of said Section 31 ; thence S 39° 13 ' 37" E along the South line of said NW'1/4 , Section 31 , 2524 . 75 feet to the Southeast Corner of said NW1/4 , thence "North" along the East line of said NW1/4 , Section 31 , 2651 . 21 feet to the N1/4 corner of said Section 31 , thence N 89° 11 ' 58" 4V along the North line of the aforementioned NWl/4 , Section 31 , 2531 . 23 feet to the POINT OF BEGINNING TOGETHER WITH all appurtenant water rights from 1860 Decree for water from the St . Vrain River. Except one-half of all oil and gas as reserved by Louis E . Rademacher and Frances J . Rademacher in conveyance dated August 1 , 1974 . And subject to any prior encumbrances of record. See also Exhibit FF. EXHIBIT B - Index Map (See attached map) 1 of 7 EXHIBIT C - Pre -Mining t Mining Plan Map of Affected Lands (See attached map) a. Surface owners shown on index map (Exhibit B) b . Creeks , roads , buildings , power line F other topographic features shown on topographic map (Exhibit B C) c. Contours shown on topographic map d. Area involved in operation - 149 A. less 6 A. (SE Cor) less 12 A. (NW Cor) less 2 A. (roads) = 129 Acres e . Vegetation in mined unmined area is minimal but consists of some native bottom land grasses , weeds , and a few scrubby trees . (See Exhibit AA) f. Water Information - Existing surface water resources shown on attached map including Exhibit C . - See also Exhibit G. EXHIBIT D - Mining Plan (See also Mining Plan on attached map) a F b. Mining by surface earthmoving machines . c. No water diversions from without or within property- Finished excavations to be maintained as water impoundment ponds from natural stream flows and ground water for recreation purposes . d. See Mining Plan. Each designated area is worked separately. See Plan for associated disturbances . (i ) , (ii) , (iii) See Mining Plan . e . (i) , (ii) - Sand and gravel thickness varies - See Plan . Overburden is described - in Exhibit AA. Shale stratum underlies material . EXHIBIT E - Reclamation Plan a. The operator proposes to reclaim the area through development of water impoundments with seeded dikes and picnic areas for recreational purposes . The reclamation will consist of a series of flow- through impoundments , generally within the natural ground water levels of the immediate area. Because the bottom of the excavations are well below normal ground water, the most feasible future 2 of 7 use is development of ponds to be used for fishing at such time as stocking is accomplished. The ponds will be separated by shaped dikes with at least three feet of freeboard , while being connected with pipes laid in the dikes . Water elevation in the ponds is controlled by an over- flow weir along the east side of the property at the existing drainage channel . Provision will be made in reclamation, for access to all locations along roadways on the dikes as required. Each slope of the dikes adjacent to water surface will be graded to no steeper than three feet horizontal for each vertical foot , and compacted using stand- ard heavy duty earthmoving equipment . The entire area of 129 acres will be reclaimed for recrea- tional purposes . b . This area can be reclaimed and used in much the same way as the Barbour Ponds along Interstate 25 approximately two miles west of this site . The reclaimed area used as a recreational area will fit well into the agricultural zoning of the local land use plan according to local zoning regulations . c .* The affected lands will be reclaimed for recrea- tional purposes within five years after each phase of reclamation is commenced. Use of the reclaimed land shall be in accordance with the limited liability landowner liability law contained in Article 41 of Title 33 , C . R. S . 1973 . c- l . Grading - All grading will be accomplished as soon as feasible approximately one year after the mining process in a particular phase is completed , using heavy earthmoving equipment with all dikes and fills , except the top 6" to 12" , being compacted using standard compaction methods . All areas outside the site will be protected from erosion or siltation as a result of the operations . No refuse and acid forming or toxic materials that might create water pollution are anticipated to result from the proposed mining operation. No drill or auger holes , or shafts result from the mining operation. All finished slopes adjacent to water surfaces will have a finished slope no steeper than three feet horizontal to one foot vertical , while all other slopes will be approxi- mately 2 ' horizontal to 1 ' vertical . 3 of 7 c- 2 . Water - The operator intends to comply with applicable Colorado water laws and regulations governing water rights and with all applicable Federal and Colorado laws and regulations govern- ing water quality and dredge and fill requirements where applicable . Although the excavated areas will remain inundated , no water is generated nor consumed as a result of the mining operation. The water impounded is that occuring from natural ground water seepage in the area or entering the area from adjacent natural drainage ways . Since no water is consumed, an amount of water is released that is equivalent to the waters entering the area . See also letter from USDA Soil Conserva- tion Service noted as Exhibit AA regarding ground water , soils , and grasses in the area . c- 3 . Wildlife - See Exhibit BB. No conflicts with wildlife is anticipated regarding reclamation. c-4 . Topsoiling - Topsoil is quite limited in the native area and it is of poor quality as shown in Exhibit AA. However, the overburden that is stockpiled which contains the limited topsoil will be spread uniformly in depths from 6" to 12" on the dike areas above the water line of the impoundments and in other locations that might have been disturbed during the mining operations to provide a support for vegetation. Stockpiling of topsoil has been accomplished on site for Phases I F, II and will occur for Phase III when appropriate . c- 5 . Revegetation - Revegetation will occur only on the dikes above the water line of the impoundment and on the locations disturbed by the mining operation. It will consist of seeding of grasses compatible to the area as described by SCS in Exhibit AA or as further recommended by that agency . Seeding schedules and application rates will be as recom- mended by SCS . No trees or shrubs are anticipated. d. Implementation of the reclamation plan will result in future use of the area by the public through the mate values of water impoundments which natura- lly provide a source of recreation. The existing land is not highly valuable for agricultural pur- poses as may be seen by reference to Exhibit AA. The area relates to existing conditions of natural vegetation, wildlife , water, air , and soil quite readily as a recreational area since there is minimal 4 of 7 changes to the reclaimed site for recreational purposes . The same vegetation can be accommodated. Any wildlife in the area would have a reasonably equivalent access . No less water in the area will result =Erom the change . No air pollution will result and in fact with more area dedicated to water , less dust should result . Surface soil conditions will remain relatively unchanged in the reclaimed areas and will have equivalent plant growing potentials . Water impoundments are described in paragraph a. of this Exhibit . e . For grading , compaction , and stabilization opera- tions , refer to Paragraph c. l of this exhibit . For topsoiling operations , refer to Paragraph c . 4 of this exhibit . For vegetation operations , refer to Paragraph c . 5 of this exhibit . f. Timetables - See mining plan for phase locations . Phase I - 40 Acres . This area has been mined and partially reclaimed during the 1974 through the 1978 period. The existing overburden stock- piles in the Phase I area will be used to complete dike slopes and to spread over the entire disturbed area along the north side which has not been excava- ted to depths to impound water. The regrading and stockpile placement will begin in 1980 to be completed within the five year limit allowed by the Act . Grass planting will occur according to schedules provided by SCS . Phase II - 54 Acres ± . This area has been approximately 60% mined during the 1978 to 1980 period. Some stockpiling of overburden has occurred with the remainder to be stockpiled as needed. The stockpiled overburden will be used to complete shaping of dikes to the required slopes and to provide a 6" to 12" topping for vegetative development . This Phase of reclamation will begin in 1981 to be completed within the five year limit allowed by the Act . As with Phase I , grass planting will occur according to recommendations and schedules of SCS. The mining operation will extend into 1981 . Phase III - 50 Acres . This area has been less than 15% mined prior to 1980 . The remaining mining will occur in the 1981 to 1983 period with stock- piling of overburden as needed. As with Phase I and II , the overburden will be used to shape dikes and other areas and to provide a 6" to 12" topping for vegetative development . Reclamation will begin in 1982 and be completed within five years . 5 of 7 g . (i) See Reclamation Plan and Details (Attached plan sheet as Exhibit F) . (ii) See Exhibit AA - Applicant to comply with SCS recommendations . (iii) Fertilization will be accomplished in accordance with SCS recommendations at time of seeding operations . (iv) See Exhibit E , paragraph c . 5 (v) See Exhibit E , paragraph c. 4 EXHIBIT F - Reclamation Plan Map - See attached map EXHIBIT G - Water Information The operation upon reclamation is expected to have a very minimal effect upon other water systems in the area since no consumption of water occurs . The affect of impoundment , however , of ground water and excess drainage will tend to increase the water table of the pasturelands immediately adjacent to the east , which is now an area of high water table . During the mining operation , pumping of the excavated area in Phase II has caused a lowering of the water table in those adjoining lands to the east . Part of the water pumped for dewatering is diverted to the ad- joining pasture land, as needed, in accordance with a verbal agreement . Because the lands in the vicinity are all underlain with gravel and sand above a sand- stone shale , the entire gravel strata becomes an acquifer for a great amount of water which can , in effect , be considered an extension of St . Vrain Creek , although the exact flow rate remains unrecorded and unmeasured. All water features are shown on Exhibits C, D F of the attached maps . No pollution of either the ground or surface water is anticipated during the mining operation or upon completion of the reclamation . No project water is consumed as a result of the mining operation. Water rights of the property are shown in Exhibit JJ. EXHIBIT H - Wildlife - See Exhibit BB EXHIBIT I - Soils - See Exhibit AA EXHIBIT J - Vegetative - See Exhibit AA 6 of 7 EXHIBIT K - Climate Average seasonal precipatation varies from 10 to 19 inches per year . Temperature ranges are those normal to northern Colorado east of the mountains along the front range and vary from a plus 100° F. to a low of minus 20° F. EXHIBIT L - Reclamation Costs (1980 dollars) Finish Grading $ 75 , 000 Seeding 9 , 000 Fertilize 9 , 000 Topsoiling 20 , 000 Pipe 15 , 000 Concrete Spillway 11 , 500 Total Estimated Reclamation Costs $139 , 500 EXHIBIT M - Rdle 9. 1 (1) - See Exhibit CC - Zoning Letter EXHIBIT N - Rule 9 . 1 (2) - See Exhibit GG CC EXHIBIT O - Rule 9 . 1 (3) - See Exhibit EE FF - Tax Receipt and Title Insurance . EXHIBIT P - See Items 7 8 of Permit Application - Owners shown on attached map . 7 of 7 1 . UAP1 !L ana AZ. *.. � u� a iMQt _V.�0 2305 South Syracuse racuse Way Y Suite 217 Denver, Col orado 80231 (303) 696- 6846 LETTER OF TRANSMITTAL Weld County - Dept . of Planning Sery DATE 85-0304 TO 4-29-85 JOB NO. 915 10th Street ATTN Greeley. Colorado 80631 RE Varra Companies, Inc. - Amendment WE ARE SENDING YOU THE FOLLOWING ITEMS: El ATTACHED OUNDER SEPARATE COVER ❑ PRINTS ['PLANS ❑ SPECIFICATIONS O COPY OF LETTER DRECORDING MYLARS 0 NO. COPIES DATED SHEET ? . DESCRIPTION + 1 4-24-85 Original Use by Special Review Application w/ Sta .e submit ` 24 4-24-85 Copies of Use by Special Review App. w/ State subiittal 1 Check for $50.00 (#22U11 ) for Flood Hazard Permit fee 1 4-19-85 Check for $540.00 (#22012) for filing fee 1 4-24-85 Original Flood hazard permit application w/ enclo3ures 4- 4 2': ,, 4-F F....1.,--d a.rd sr i ir-If I ran A,f / pri 1n 0„ ires 1 1 of 2 Original mylar for Pre-Mining and Mining Plan Map i 2 cif 2 Ci iyindl „.yid, r 1 Cl.ldiIIc1.luiI Pia,, Hop 1 4-19-85 Check for $20.00 (#22015) for mylar recording fee (Clerk 8: THESE ARE TRANSMITTED Recorde O FOR YOUR USE 0 APPROVED AS NOTED D FOR APPROVAL ❑ DRAWINGS RETURNED AFTER LOAN TO US O OTHER . REMARKS . r,'F,Fq:1 _7F-'• r1�(l Q^� 1 Q 11n//r r i , i, h 2 4 I J U.1 I! 1 - J Weld Co. Piandnl≤ Commission COPY TO SIGNED A\Z c-C a.cQ-C. 41k .� 14)e,ehe e a�...s f- P,&_,.,„„ , 1 TFPF, T I T,_'.' APPT.ICANT: co pnrles, Tne. Li ceded SUP- 48:85! IS s. r r FI;RRAT.S 1 T- /2/ ' FF11 F:RAL rF PFCFTT'T f. I' . 5/?2/8 rP 'O FP tip. County Attornc 7 Lou_le F.ndema-cller.. !F4 Geld County Road - Y Weld (leert v T+."ealtl, Pep' I onpmcnt, CO 80` C1 Fngineer-nF " ,a- tment J Capt. WIi" am Linemen T ongr (,rit Fire Pi ot Pct ion CL'1'ntN' FxtEr o'"-� gent P tetmict 9119 Conn*y I:1n( f 1< (f-(.P of nrrierF;encv iti gr t Ic i•r=n'Ort, (C 1 )3Oi X Stet(' Fig: TiceY l COIOrdc. 1-1-v. of hil(Ll i fe �:yvisic-r. o: tatel T.E. cicre s c/c Tarry Rugeted , Pit. 21 C`t,erma t St . , Poor `1 IN iJ li t e Nnr anei ?)enver, , C 5('?C"_' 1 575 70th Aver-e Cow t Grc_elev. Co 80( =>1 Sty- p I' 1,G,av Tler:artmeut 1420 2nd C t i et ' Ken Neff r;rre.el ev, CC S r eif,and?e eastern P'pP7Iro Colr'I>:=n,.-I'ockv X Colcradu het <<Ftp.ent of Penith P.O. Fc? 1 "? Water Qu iiry Control r£•.If-.i; .Frigh.ter, CO 80001 "1(' t'pst 14th Aveir.c 1'tF.,`-.'e7 , CO 80 20 AMOCO rodu t ic'.r rc renp /c ",ear Fetc.t r Ci t-. ci Gree1e Pepartmer.f P.O. i'ox t000 �.— 919 7th Street. Iler<ver, Cr F'.001 reel ev, CO 80631 ." Sue c>>. v -- c,l:r,tajri Fell `T'7I Area Fl.^nnlog Ccr"SI'. f.sion P.O. FOX 1131) P.O. Fox 163 Cr!-•e't', , CO C;\631 Frederi clr, CC 507'.() _ Longmont Sc.i P Coiisertatior f.''Q5 Nelson Road P.O. Pox I: I t,6rncrit , Cr- 50501 St. Frain Fr heft tai d Sater NC?—"gin Oh ectlot� _ Cun: ery rcy Pi rt '_ct S1<=SI c c .!f!c 1 ecomrrei datic,n: cio T^<2 1•r Gr'rr( Pespnrae T .C. Fort 979 Longmont , OCi n150' CAST/ rl"M"',. amended OFF-7g:<' 18 l'/ey 2, 1985 TO t"1PO1'"' Frill-sty(' Er application 4-:-O 1' N%-1-1 ,; Companies for Specidl Permit to -t'•ClJC1E` 1rr acres it. rot , of en-Cut sand w 4r<.'•'r,' i'' 'I"l' (operation. Tit- ru_rcel oi lard is (ie<-or'l-eo as 1t. I:F' of Se t ":C1• _'1 , 73N, 1c67TN of t1=E= F,r`-, P.M. , Cold. County, Ccr?troc1r . The 1_ocatioi r;r I ,o parcel of lard for 4! ,1cl. this application }'c': l.etI, Lu1,Mittcd is app'applillrrtely 4 mileF *:ortli of Fie -tone; east cf_ l,ela Court Plead 12 are. north of Vel,' f ourty road 7r. "h?s application 1S snl'T i i eo to your office fol review and recoiriralrrld' 'uIrb. <,ny commit o- :-000TM*:f-ndatiUli,: yr.r C(>T'£'?dFT relevant to tl"s reoriest would aprr -c'-atcd. your prompt rr-ply `., '. 1.elp to faoili.tate the 1-;i:ocessir:€ of t11�' prepesfl ti and will Pi ga•rre prompt consid F,'t i C?i7 of your rt-comniel dill enp. -f F espouse from you:- (CI' _:CC: is not T'cCel'TP(' r il'Jt' fourteer (14) dF`, t`{ rrialli.ng from our of.HC(': 't r•u'r ? e lnterprett-C to I,tar approval by your office. it you are ur,^1•,'r to respond rrdtPin ti 'lr s lteen 1141 days (l.T.t -9 }l to (.0 so at 1-ter c tel pl rase notif or .• t, fl cr to that effect . Cht'c1, tlii .ipprr-li?'late l ( :C l:e"uw and yeturn to on-, C,'1,,ss istd 01-0\-e. plr'One re,nly by clay 2 , Icr i so that we tray 8,, i, full Consideration Lc ti,cur 1 ( C(n,mend lt'.on. Tl'<'T'-} V(?1 "f i V IP.uCL fol your 1't' F IrC. COoperation fr t} i O __ --- We have ."'t viewer tI c ^rcpt,,' r,i (' 'Ind n ) cerfl7Cts Ti t cur Irtene:;tS. }A fOYliiu' re CC'iT'm 'C:(' -`'or is lln(fC" C('L S1(i F•r r.t ('n aria G'1 i 1F 'ubmi' t k r) l or to Pler,c=e Icier to th F` :7gned: Agency: l rte: T`-`i chael S. Mullen Curreidt DEPARTMENT OF PLANNING SERVICES 1 lY t `1 O, µ s* PHONE(303)356-4000 EXT. 4400 4't `"l ...."14 t ArmL ~- �' i' "E �_ 915 10th STREET i � � �' � �`�� N GREELEY,COLORADO 80631 fWeift El, i:;tii,;;,, urlDt•vs'i w I:1r Fl dii 1 t` ° 4'`Y' ; ® CASE NUMBER Amended SUP-248:85: 18 t a May 2, 1985 TO T.T',If1M TT MAY ("0NCt'PT?. Enclosed is an application from Varra Companies for a Amended Special Use Permit to include 155 acres in a wet, open-cut sand & gravel mining operation. The parcel of land is described as Pt. NEµ of Section 31, T3N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 4 miles north of Firestone; east of Weld County Road 13 and north of Weld County Fond 26. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. If a response from your office is not received within fourteen (14) days of mailing from our office, it may be interpreted to mean approval by your office. If you are unable to respond within the fourteen (14) days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by May 22, 1985 so that we may give full consideration to your recommendation. Thank you very much for your help and cooperation in this matter. I. ,> We have reviewed the proposal and find no conflicts with cur interests. 2. A formal recommendation is under consideration and will be submitted prior to . 3. Please refer to the enclosed letter. 1 Signed: .�a7!- 6-r.,/-,/-w»L. Agency: Date: ,2)--- ( _ 414kl ^ (2 Michael S. Mullen LONGMONT J. TP:', Current Planner 9119 COUNTY LINE ROAI) i,Ct N a M 0N . COL OSAD,. 8 0t:. ` DEPARTMENT OF PLANNING SERVICES t z';'i l ---1 PHONE(303)356-4000 EXT. 4400 nc, c s- '"' t .1 r ' 915 10th STREET Y ( GREELEY, COLORADO 80631 Y 'r[IF?rip ri, , . t. ,,., . P'-'''',..1 F7',[ '' . ,r7-7;i1,, r:iV ; ; ,tr e L' CASE NUMBER Amended SUP-248:85: 18 'L)U May 2, 1985 TO WHOM IT MAY CONCERN: Enclosed is an application from Varra Companies for a Amended Special Use Permit to include 155 acres in a wet, open—cut sand & gravel mining operation. The parcel of land is described as Pt. NEB of Section 31, T3N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 4 miles north of Firestone; east of Weld County Road 13 and north of Weld County Road 26. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. Tf a response from your office is not received within fourteen (14) days of mailing from our office, it may be interpreted to mean approval by your office. If you are unable to respond within the fourteen (14) days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by May 22, 1985 so that we may give full consideration to your recommendation. Thank you very much for your help and cooperation in this matter. 1. We have reviewed the proposal and find no conflicts with our interests. 2. x A formal recommendation is under consideration and will be submitted prior to June 5, 1985 3. Please refer to the enclosed letter. Amoco Production Signed: I % '' \y \ . :,� Agency: Company, Denver CG3ate: S//5- y!'D.G. Wielt Michael S. Mullen Current Planner iii Ir. -- "?r s s ,,, 0-.'%'r C.-6V' L:- I ,) ;,,1'(,� � DEPARTMENT OF PLANNING SERVICES 1/4, jr fi' !{ PHONE(003)356-4000 EXT. 4400 - `o f i�� , ti ) 915 10th STREET sE 1!1 GREELEY,COLORADO 80631 T1 30A,16 ''% L.=' "" ! CASE NUMBER Amended SUP-248:85: 18 CAL ADO May 2, 1985 TO VPOM IT MAY CONCERN: Enclosed is an application from Varra Companies for a Amended Special Use Permit to include 155 acres in a wet, open-cut sand & gravel mining operation. The parcel of land is described as Pt. NEw of Section 31, T3N, R67W of the 6th P.M. , Weld County, Colorado. The location of the parcel of land for which this application has been submitted is approximately 4 miles north of Firestone; east of Weld County Road 13 and north of Weld County Pond 26. This application is submitted to your office for review and recommendations. Any comments or recommendations you consider relevant to this request would be appreciated. Your prompt reply will help to facilitate the processing of the proposal and will ensure prompt consideration of your recommendations. Tf a response from your office is not received within fourteen (14) days of mailing from our office, it may be interpreted to mean approval by your office. If you are unable to respond within the fourteen (14) days (but wish to do so at a later date) please notify our office to that effect. Check the appropriate boxes below and return to our address listed above. Please reply by May 22, 1985 so that we may give full consideration to your recommendation. Thank you very much for your help and cooperation in this matter. 1. We have reviewed the proposal and find no conflicts with our interests. 2. A formal recommendation is under consideration and will be submitted prior to . 3. Please refer to the enclosed letter. 1, Signed: _ Agency: ,k„,./ t ,,.,. (,, Date: u- '- , Michael S. Mullen Current Fanner 151 : '<. Rod A l l s i,o , Planning , 4 .OTo Date Duly 2, � � COLORADO From Donal R. Carroll , Administrativp strat i vQ Manager, F inaeri ng n___e ajtment__ _ Subject: Varra Gravel Pit , Case Number 312=2A R:25:18 1P __-______ In response to our conversation of July 11, I basically recommended from the Mined Land Reclamation Division 'Mineral Rules and Regulations" : 115 (4) (d) (5) "The mining operation will adversely affect the stability of any significant, valuable, and permanent man-made structures located within two hundred feet of the affected land, except where there is an agreement between the operator and the persons having an interest in the structure that damage to the structure is to be compen- sated for by the operator;" for Varra Companies, Inc. 's Amendment Mining and Pre-"lining Plans . I denied the request for a 50-foot setback. We would allow excavation within 100 feet of the right-of-way on Weld County Road 15. This should not release the applicant or operator from any liability that may occur as a result of the mining activity. However, Weld County Road 13 is an arterial and the setback is 200 feet. DRC/dm cc: Dave Berry, Mined Land Reclamation J k).) Weld Co. Punning Commission .(((/ C - 4 d ?; film. is b i i o, '•:. ' d polo 74,: ri , ,, Chuck Cunliffe l, , To Planning Dept. 0,t, May 6, 1985,::,, .. liP 4,COLORADO From Donald R. Carroll , Administrative Manager - Engineering Dept. Subject: Varra Companies, Inc . Amendment We have reviewed the application from Varra Companies Inc . for an Amended Special Use Permit in include 155 acres in a wet, open-cut sand and gravel mining operation : 1. Access Roads : Will there be an access road onto Weld County Road 15? Will all internal roads be used through the existing main exit on Weld County Road 13? 2 . Haul Route: Will all the hauling be to the south and west using Road 13 and 24? 3. Attached is the typical Road Maintenance and Improvements Agreement for the Special Use Permit and the existing operation. ADDITIONAL COMMENTS In answer to question #1, Heidi of Rindahl & Associates stated that they are going to use a conveyor belt from sites 3, 4 and 5 across the river. County Road 15 is not going to be used as a haul road. In answer to question #2, the haul route has been verified to be County Road 13 between County Roads 24 and 30 with the greater percentage of the material going south. DRC/bf ( / jai , , , .------7--, ' 1,1 , 1 ; ,i ,..,,,z,',, 1 r.1 1ro9G Michael Mullen , F (-,11,1,,,,") To Weld County Planning Department o,,M,ay 15, 1985 A' CCLOR 3LO FrorTtlea Ekman, Director, Office of Emergency Management/' Subject: Case SUP-248:85: 18 RE: VARRA COMPANIES AMENDMENT This application has been reviewed. Flood plain planning should be addressed upon completion of spillway to comply with State Engineering specifications. The gas well and distribution lines need to be identified per CRS 1973 29-22-107(2) (a) , as amended regarding reporting requirements of hazardous materials. Operator name, address, phone number, material type and amount must be reported to the State Health Department, Waste Management Division, the emergency response authority and local fire department/district. Under these provisions, no conflicts are noted in the permit amendment. cc: Robert H. Rhinesmith, Director, Information Services Agency T;r(' -21H- ' , ilL _ - 4"1 !' CSC tu,frlMnp l','7`M`,::'1:.:1, 71 �v�F. COLp o COLORADO ©ERARTIV1ENIT OF HEALTH Richard D. Lamm "F * Thomas M. Vernon, M.D. Governor 1876 Executive Director May 10, 1985 Mr. Michael Mullen Dept. of Planning Services Weld County Centennial Center 915 10th St. Greeley, CO 80631 RE: Varra Companies, Inc. Weld County Dear Mr. Mullen: We are in receipt of the Varra Companies, Inc. gravel mining application (case number amended SUP-248:85:18) referred by you to our office. As the mining plan states, a (CDPS) discharge permit must be obtained by the owner or operator. This must be done prior to any discharge. Our general permit which covers such operations must be applied for at least 30 days prior to the commencement of discharge. The applicant appears to be aware of the need for a permit and therefore we have no objection to their application. If you have any questions, please give me a call. Sincerely, Ca-6-72c-- fl Kathryn Dolan Engineering Technician Permits and Enforcement Section WATER QUALITY CONTROL DIVISION KD/lc . ,. 1IJcO . — leid Co. Planning Cmmussion 471n FAST 11TH AVENUE DENVER.COLORADO 80220 PHONE (303) 320-8333 F COO RICHARD D. LAMM N JERIS A. DANIELSON Governor State Engineer* IN� � * 'h NF -,,e 1876 OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Room 818 Denver, Colorado 80203 (303) 866-3581 --J-:-^—7-7—r---- o June 3, 1985 ..''Jl L 19'8`- CJ Mr. Michael S. Mullen Weld Co. Plannin Weld County Planning Department g Lomrolssiou 915 10th Street Greeley, CO 80631 Re: Varra Companies, Inc. SUP-248:85:18 NE1/4, Sec. 31, T3N, R67W Dear Mr. Mullen: As requested, we have reviewed the above referenced application for a Special Use Permit to mine sand and gravel in Weld County. The application states that five lakes will be formed in the mining process. It appears that the combined surface area of the lakes that will be created will total approximately 110 acres of the total area of 155 acres in the permit. The amount of water lost to the South Platte River basin due to evaporation from this amount of water surface is 286 acre-feet per year. The portion of these losses which occur during the irrigation season (215 acre-feet) is equivalent to the amount of water needed to meet the total irrigation needs of approxi- mately 140 acres of corn. We used the modified Blaney-Criddle formula to calculate this figure. Since the South Platte River is already over-appro- priated, this will result in a significant loss of water to downstream irri- gators that, as currently proposed, will not be mitigated. We believe that these lakes will be used as wildlife habitat once they are reclaimed. An impoundment of water that is used for recreational pur- poses, including fishery and wildlife, has been defined in Section 37-92-103, CRS (1973), as putting the water to beneficial use. Since the source of water for the lakes that will be created by the gravel pit operation is ground water and the ground water will be used beneficially, we require that a well permit be obtained from our office. The well pei,ttit must be obtained prior to exca- vation of the gravel pit. Otherwise, Varra Companies will be in violation of Section 37-90-137, CRS (1973) . Since the proposed gravel pit would be located in an over-appropriated basin, the well permit could not be obtained until a court approved plan for augmentation has been developed. f;, /j/ /r/ ' '/ Mr. Michael S. Mullen Page 2 June 3, 1985 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 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. "Plan for augmentation means a detailed program to increase the supply of water available for beneficial use in a division or portion thereof by the development of new or alternate means or points of diversion, by a pooling of water resources, by water exchange projects, by providing substitute supplies of water, by the development of new sources of water, or by any other appro- priate means. . ." (Section 37-92-103, CRS (1973) ,(9)). Varra Companies should devise an augmentation plan to replace the out-of-priority consumptive use associated with pond evaporation and other out-of-priority consumptive uses of water. 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, Hal D. Simpson, P.E. Assistant State Engineer HDS/JCM:ma/4844H cc: Jim Clark, Div. Eng. . • . .---•--.• - _ r _a v • " • 65T ! rrai------:-...-I 1 C) \\ 0 -A il‘ 1 co o • 0 — 0 i ry E � Q 0 0 ,_ . i1 •• D _ ; At' O, -A0.) ! x x _____ - ry _ 0 N 1 O • co O r w o Cri I - .Q 1 _ w co_ I Lc . __ .• (A 1• I (i k •c 0 I X Q i # f • - I X 1 16 - 10 - 075 - 155 - 4" /4::. , I J 0 _� (4 I 1 /274 . 5 1�D 0 + ± + , N _' O coca I w O) w w 1 l` 1 i -c, r- �' Co �.- /2 6T C emO 1 — - i -- _-\ ,‘ .%...---ft----------------t...,......N.Nscs\\ -J . J CAS 0 • C T \ -6 i , o \ 1\11-... O o I(31 `f G = � C� D D < itte I cr, \ - H -A o in • 1 - EL.....2 — ( I • 1 t 4 X ry - . 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'8 ..t ... .. .... . .rse �' ::::.:.1.4').•' it e ( PART III RIP - RAP i �\ • i SPILLWAY PERMIT tiOUNDARY2 Page 21' Permit No . COG- 5,9 _ ar_ I � ar - ee e ar S I•STOCKPILES 50 ' . „t, ,i it ! tit • ' aoP`�,.•♦ Discharge Point 001 o 1 • J ' OC Nfo � ♦♦•♦ ♦�♦ is •• sik••,.• . ARROWS INDICATE • DIRECTION OF MINING ( TYP . ) 1 I PHASE 1 , ii _ . . • _ - _ - _ _ - _: • . - I ...... i 77- 7 _ Ale- . • ..• . . • ., , _ 1 c. v ... 0 --------,..„.) . . .. . ... - ....-. , -N, , t-.. . . ....„.. , ..-.... ..._ . , .... / % . ..:, 0 . , ...„---, , .. _ C :-.•••• CULVERT • C ` ,-- . . . ...---- :-/ 1 / 1•• 0 ,.......„.._...............< 1................... ..;_se 1-0 •: 1 137 gi .:. '• ' — — - o V ' • .. �~ r~ _ T cr g ` �" O ''rf � � _ _ _ - - �' I _ O ., , . - c •N, : t \ l i •:. 1 . B i?AJ e lig &•., \ - �/ RIP=RAP �,,,�e / SPILLWAY t • \ O. Rs ,. C �puNO P�```'` PUMP.: < : `, a F �a°°ti`s'``' Dischargt;i0 k : •. : :�• :: :�r:::. . , . 10o Point A• V( ' t LANE ::::':.; _ - % %t in NI G on �on - .. CULVERT �,I% _ , ` 1• / I \ PHASE I \J - . .-- . - •%'♦ �C ' • CULVERT ...> �� , .. - E p AS ,,,�,,, - / 5° A' , • , � cr, V , .0%.0 . IP , / ' .00' � , P�l!.. rr \. ..10"1"....." dir ". .. NQ J %. - cc) • I _ k- �\ ; • - __ , ( ALTERNATE ) ` ' • A k i 50 ' 50 ' a sr° , h y • I II II 1 1 Figure 1 Site Sketch • Rn- No Ann Sporn, Rcccrd, ELORIC TRANSMISSION OR DISTRIBUTIO INE RIGHT OF WAY EASEMENT - 1 I THIS AGREEMENT MADE LY /1 19 ‘57/ , between • mac- t)( CN Ai- v7 BojoJ -And- -.0 TH LTH UNION RURAL ELECTRIC ASSOCIATION, INC., a cooperative corporation (hereinafter called the "Associa- • -1 tion'') whose post office address is (O� 601 1 Box 359, Brighton, Colorado $0 L I+ ,r1�. -fig ::-,��,, a...t-,._,- J i t, �Q,(� C__,�_�� . �i For and in consideration of: v 0 Dollars ic.+� �� z + A 00) -t 1,, - . ' Luz, the receipt of which is hereby acknowledged do(es) hereby rot unto the Association and to /t uccessors or O assigns, the right to enter upon the lands of the undersigned, situate in the COUNTY of 114kQ 1`�r�/J1� �J/ •/ j i 1}/tSTT�`AtT/E OFf�COL///ORADO, and more/particulya`rlly/ described as follows: �' W�✓ fY'�'Vit :. --':- �V�-41 .(/L..---' l''V-. i c-- ^„`./.,'3�y 7: -'✓ R6, / `'iG- -T 7 U!i (. ..1 r �` and to construct, reconstruct, rephase, repair, operate and maintain on the above-described lands and/or in or upon all streets, roads or highways abutting said lands, an electric transmission and/or distribution line or system; to cut, trim and_control the growth by chemical means, machinery or otherwise of trees and shrubbery located within /=7 feet of the centerline of said line or system, or that may interfere with or threat- • en to endanger the operation and maintenance of said line or system (including any control of growth or other vegetation in the right of way which may incidentally and necessarily result from the means of control employed); and to license, permit, or otherwise agree to the joint use or occupancy of the line or system or any other person, association or corporation, for electricifation or telephone purposes. oJ/ia., ,,,,,,,f 4 sv2.J..t .A A 6 0')) Q �l��. ,_.4 .b-__a_.., .--b2r�Q ..L.---"..,..L.---".., ,1...4.4-1,..1-- „to Q/ ....4......v....,. .-„,,,-1....L.: c.k.fak-Tabk,2_, _.w-av/..v-,,,..d-----L.., 1,1-1A+ i-- i . 1 ( i). The undersigned agree (s) that all poles, wires and other facilities including any main service entrance equip- ment, installed on the above-described lands at the Association's expense shall remain the property of the Assoc- iation, removable at the option of the Association, upon termination of service to or on said lands. 4 _ is The undersigned covenant that_ the owner(s) of the above described lands and that said lands are free and clear of coveno , encumbrances and liens of whatever character. EXCEPTIONS: • IN WITNESS WHEREOF, the parties hereto have executed this Agreement all as of the day and year first above written. 9 UNION RUR EL 1.TRIC ASSO LION, L-_ L _ , . (L.S.) n E,: L i,��2.'_, �E , / G ,, Gam%!-/ t.--9'4-'?-;,/-t,-?,--A_--i2, - 9'>,- [�„.„, �\1 (L.s.) s.)‘,4,y),,d,,_Title of Officer Title of Officer'' ;f other than president, vice president, partner or owner, a power of attorney must accompany contract. STATE OF COLO ADO ) The foregoing instrument was cLc,,knovy,edged be i.7 me this J _day_ ....:2, ti L_� 19 �/ )ss COUNTY OF �„),,,,,,,,, IN WITNESS WHEREOF, I have hereunto set my hand and official seal. AA/t, „,ttitsiC'.—,-----'-- .1c a : r CQ _ Notary Public ti 3- Q. /4,, ; My commission expires2ZLZL 'x—19 _ ;G R•c, H-.___-- il . Ann Spacer, P.rcord •ELECTRIC TRANSMISSION OR DISTRIB3 — N LINE • RIGI#T OF WAY EASEMENT ;/ S THIS AGREEMENT MADE t t!_. -7 19 (� between 9 - - fi �� i I IC �-�::-til- -rf 1 ,L-�r n:.i-C "�'III �` 1_.5..>x ,2 v 7 ., ZL. / -And- -....0-0 UNION RURAL ELECTRIC ASSOCIATION, INC., a cooperative corporation (hereinafter called the "Associa- r—I tl> tion' ) whose post office addre,ss is P. 0. Box 359, Brighto Colorado 80601 C3 r l ' LA i -i-`L/( �� '---�� S.f'Y>-.:- 4 7c�,7 5�3, /O Vf�.�` •j� i �;c� c For and in consideration of: 1 -f v J I c.-)t aRc +4t /4 j,(1.2.4�,� , . 2.Y.2..�> Dollars to the receipt of which is hereby acknowledged, (do(ert reb y grant unto the Association and to i s uccessors or r,2 assigns, the right to enter upon the lands of the undersigned, situate in the COUNTY of , - o — — -- , STATE OF COLORADO, and more particular) describe as follows--VL, ,,a,.k 4+,A i(ta—/ 414-, g titV.-42.---tte_e,• 3/, 7-3 A/) H6714/ 6c----1 111-C--/'-(LL` •-•/44-d--e'l / l' cl r y and to construct, reconstruct, rephase, repair, operate and maintain on the above-described lands and/or in or upon all streets, roads or highways abutting said lands, an electric transmission and/or distribution line or system; to cut, trim and col the growth by chemical means, machinery or otherwise of trees and shrubbery located within _ -_feet of the centerline of said line or system, or that may interfere with or threat- en to endanger the operation and maintenance of said line or system (including any control of growth or other 0 vegetation in the right of way which may incidentally and necessarily result from the means of control employed); and to license, permit, or otherwise agree to the joint use or occupancy of the line or system or any other person, association or corporation, for electricifation or telephone purposes. t/1 C;1/ a_E .a'. J ._....arL., ,,__,_:„....1- .....„.„,,o.a...,,/, ji„..,(1.„. The undersigned agree (s) that all poles, wires and other facilities including any main service entrance equip- ment, installed on the above-described lands at the Association's expense shall remain the property of the Assoc- iation, removable at the option of the Association, upon termination of service to or on said lands. is The undersigned covenant that_ .c / the owner(s) of the above-described lands and that said lands are free and clear of covenants, encumbrances and liens of whatever character. EXCEPTIONS: IN WITNESS WHEREOF, the parties hereto have executed this Agreement all as of the day and year first above written. • UNION RU AL E )ECTRIC ASSOCIATION C. (� f r� f�L_S.) By: LC r , _ -1, Or_L- Title of Officer j1-1,4.:-- 7`e`--,-_-i_ -.c e).‹...---->,-.-- Title of Officer- * I f other than president, vice president, partner or owner, a power of attorney must accompany contract. STATE OF COLD ADO ) The foregoing ntrument was gckno/� )edged bef�or . )ss me this day �?l� 197_, COUNTY OF_ f A—„�,� „r-) IN WITNESS WHEREOF, I have hereunto set my hand and official se �Jf� / per. i 4. • Notary Public Or t J 1 O _ / — /� -"A, My commission expires '-P7---.-,---- __19 7,Z 1, 5 c --a t- tff'`i y . .. , H.H.Hansen EXHIBIT EE - - �, Assessor•Weld'' my k Weld County Cc real Cc,,ter / GREE4li F I t Class M ,, 915 loin St- u s.Postage Pu.J I Greeley.Co.80631 �COL(7RAD0 Pelmet Iot 113480 . 31610 : A IL ---1313-_ rARRA COMPANIES INC , - - -, • __.._._ AtTN: JG1-IN SP0I_L SIR A RT 2 ECX 640 - BRG0MEIELC CC £0020 ' ' y •''.. ` r Ik` F ; w• y TOTAL 1980 ASSESS EC VALUE 184,060 _f.;. . r i a Jt�.. 19/9 TAX NOTICE t�r r annt:,E C It r I PAN.',IIU1" si IF LOAN COMPANY IS f{ISPONSI[U r I On THIS FRANCIS M. LOUSTALET 'TAY, R TniN irll5 tilt L I OR YOUR F ILES WELD Cot,r.11 v TRLASURC H __ __ I' O BOX 45R Gr+( F l t Y,COI OPADO 80632 ill PHONC 3',F 4000 ICI I I.'i (.,f.1 f..V l I i.I l`'I `G• ,1 ' PARCEL NUMBER UNIT NO. 4r y VALUATION LAND • IMPS.OR PER. LEVY . GENERAL SCHOOL • WATLR .l iF, TOWN FIRE DIST. SAN.DIST. JR.COLLEGE • SPECIAL. : PRED.ORWATER MISC. F'I i.,:ur..r'�I_. I'F�'I II s ..I. /-_ , fi tt , �i'+ �, PAID {3Y Li P. .,,,. ''. \ \ lc (II_F I 1 k. CIL- I ''°7 •• ' 1-\ 1 ', AMOUTJI 1',I I'Al I 1 '>21 , V(ll''I 'i1 ' ,` ,,•0;li) 1',I,',t ,'L• 1„ I il; ° "' TOTAt r '''9 o,i; I•O :..' 1,0:7 ', ', r I 1 r.! ,.l Cl i't f 1 f.I I F: .''' 1 i PENALTY & COSTS . •. •,I •II? ;I.1 :.IIt.,..'I EtU-N : •TH; V OH[ (.).S I)RnC TS /1CCI P1[C) TOTAL AMT A7 C C. IES WITH ,I' ,,a r.. :•`' M� c U f3 1 E C, 1q I;) -, �-�-{�GG ,',"•.,. EMITT NCEF� . f•� f IN..A1 P/\'0'14 1 (Ir I COLLECTED— — '. J �,;- ' YOUR CANCELLED CHECK IS YOUR BEST RECEIPT— IF YOU NEED OUR RECEIPT PLEASE CHECK HERE ' 7�Tr�x Ndt►eE. j 3 : J.nn;L c I+. -K; PAY r w �Cr :•. • •,I( Lr,"t, CCnn°ANY IS RFSPONS(BLE EpR THISFRANCIS '. r, r ,IS BILL fCR YOUR FILE M t GU�1Al E1' 3 E C` T � hr •(, . C, r. .C.:11,:). 21 : 1 1 NW:2 1 3 67., ( 1ORE49�Z'2R ) _i. , : , , �rAF 3L.4 + .}b _� t PARCEL NUMBER UNI1 Nor` LI, II 20931000001 I '1313- ' 'M • VALUATION LAND IMPS.QR PER.. LEVY ,. . ; GENERAL SCHOOL WATER • " # '.0' F31 0 !' 14, 840 'J,, 970 �':".72.:..038 358'. 91- 1 , 040.71• _ r,' ,'-'31.:t,,..t it , • . --- 5 "'. -----i-r,-._-- *! �,-. ,rte`_*- ' 1 ! . ---t-Wit•, p ,y .a ,,, ' • TOWN FIRE DIST. SAN.DIST. • 'JR.COLLEGE SPECIAL PRED.OR WATER MISC a 84, 9 .r. . E` ' 4. 1 t • �. IIIIID '�.. +• r rd. k- ti� ` �' 1., PAID f3 Y�l.k/�e- i at , •t� ;: �Ifl�. '!. s� t j CLER � I "'La, �I �' 1s AMOUNT 1,, HALF ••75•x`;+ ,. 2ND HALF --7-1P-577. z• VF�RKFr I'ASOtJAi...f." TOTAL �1 , `_if5. F T ''2 DCIX ;AO .. C PENALTY &COSTS 1.; BR(i0HF Y:ELD CO 130020 M,,. • t RN II E» '� ; ' , ;C , C)H+f Ck:S 8$ DI AF1 ;CC�f-P•ff: f)1 TOTAL AMT. ALTA OWNER S POLICY—FORbsAllI i 1 I AMENDED 1O-17 701 • Policy of Title Insurance 414/444+004.401). Issued by - Transamerica Title Insurance Company SUBJECT TO THE SCHEDULE ,OF EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CON. TAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, TRANSADII:RICA TITLE INSURANCE COMPANY, a California corporation, herein called the Company, insures,'as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of: I � 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; 2. Any defect in or lien or encumbrance on such title; 3. Lack of a right of access to and from the land; or 4. Unmarketability of such title. /,, Witness Whereof, Transamerica Title Insurance Company has caused this policy to be signed and sealed by its duly authorized officers as of L)ate of Policy shown in Schedule A. TransamericaTrile Insurance Company By " ` `., 3pt President. Attest '/ . v Secretary 1# a • • Authorized Officer or Agent SCHEDULE A _ NUMBER 25,001, 648-O AMOUNT $235,000.00 • Doted this 14th day of August 19 74 at the hour of B:0J o'clock A.M. • 1. The nom* of the insured and the estate, or interest of the insured in the land described below and coy- Bred by this policy is as follows: • PASQUALE VARRA, in fee simple, • • 2, The land, the title to which is insured, is described or known as follows: A tract of land located in the NW of Section 31, Township 3 North, Range 67 West of the 6th P.M. , WELD COUNTY COLORADO, said tract being more particularly described as follows: Beginning at the Northwest corner of said Section 31 thence S 00° 08; 22" E along the West line of Ba•id NWt, 2652. 51 feet to the Wi corner of said Section 31; thence S 89° 13' 37" E along the South line of said NWi, Section 31 , t' - 2524.75 feet to the Southeast corner of said NW*, thence "North" along the East linee -of said NWi, Section 31 , 2651 .21 feet to the Ni corner of said Section 31, thence N 89° 11 ' 58" W along the North line of the aforementioned NW*, Section 31 , 2531 . 23 feet to the POINT OF BEGINNING. SCHEDULE B This Policy does not insure against loss or damage by reason of the following: 1. Rights or claims of parties in possession not shown by the public records. , 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary tines, shortage in area, encroachments, and any facts which',' "r ' correct survey and inspection of the premises would disclose and which are not shown by the public records. • 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, im- posed by law and not shown by the public records. 5. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district. • • y , ti COLORADO REGION,ALTA OWNER'S POLICY—FORM R-1970(AMENDED in-17-7n) �•F` SCHEDULE OF EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: kny law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) re- '•= stricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character,. :, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordi- �. mince or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appear•s . • in the public records at Date of Policy. ' 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the , • insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subse- quent to Date of Policy; or (e)resulting in loss or damage which would not have been sustained if the insured claim- x �, ant had paid value for the estate or interest4insured by this policy. CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS (b) The insured shall notify the Company promptly in The following terms when used in this policy mean: writing (I) in case any action or proceeding ding is begun or de • fense is interposed as set forth in (a) above, (ii) in case knowl- (a) "insured": the insured named in Schedule A, and, edge shall come to an Insured hereunder of any claim of title .' subject to any rights or defenses the Company may have or interest which is adverse to the title to the estate or interest, , , r against the named insured, those who succeed to the interest as insured, and which might cause loss or damage for which of such insured by operation of law as distinguished from • the Company may be liable by virtue of this policy, or (iii) if ., purchase including, but not limited to, heirs, distributees, " title to the estate or interest, as insured, is rejected as un- devisees, survivors, personal representatives, next of kin, or marketable. If such prompt notice shall not be given to the corporate or fiduciary successors. Company, then as to such insured all liability of the Company " , (b) "insured claimant": an insured claiming loss or dam- shall cease and terminate in regard to the matter or matters age hereunder. * for which such prompt notice is required; provided, however, (c) "knowledge": actual knowledge, not construction that failure to notify shall in no case prejudice the rights of any knowledge or notice which may he imputed to an insured by such insured tinder this policy unless the Cornpan.�• shall be of ' eosin) of any public records, pin projudice,d by such failure and then only to the extent of (d) "land": the land described, specifically or by reference such prejudice. in Schedule A, and improvements affixed thereto which by law (c) The Company shall have the right at its own cost to constitute real property: provided, however, the term "land" institute and without undue delay prosecute any action or proceeding or to do any other act which in its opinion may be does not include any property beyond the lines of the area specifically described or referred to in 'Schedule A, nor any necessary or desirable to establish the title to the estate or right, title, interest, estate or easement in abutting streets, interest as Insured, and the Company may take any appro- roads, avenues, alleys, lanes, ways or waterways, but nothing priate action under the terms of this policy, whether or not herein shall modify or limit the extent to which a right of it shall be liable thereunder, and shall not thereby concede • access to and from the land is Insured by this policy. liability or waive any provision of this policy. (e) "mortgage": mortgage, deed of trust, trust deed, or (d) Whenever the Company shall have brought any action =l other security instrument. or interposed a defense as required or permitted by the pro- f) "public records": those records which by law Impart visions • vof this policy, the Company may pursue any such constructive notice of matters relating to said land. litigation • . . ( lto final determination by a court of competent juris- diction and expressly reserves the right, in its sole discretion, 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF to appeal from any adverse judgment or order. • TITLE (e) In all cases where this policy permits or requires the The coverage of this Company to prosecute or provide-for the defense of any action g policy shall continue in force as of or proceeding, the insured hereunder shall secure to the s Date of Policy in favor of an insured so long as such insured Company the right to so prosecute or provide defense in such s retains an estate or interest in the land, or holds an indebted- action or proceeding, and all appeals therein, and permit the �` '•4 - ness secured by a purchase money mortgage given by a pur- Company to use, at its option, the name of such insured for c c chaser from such insured, or so long as such insured shall have liability by reason of covenants of warranty made by such purpose..give the Co requested allreasonable by the Company,idin such insured shall the Company all aid in any such such insured in any transfer or conveyance of such estate or action or proceeding,in effecting settlement,securing evidence, interest; provided, however, this policy shall not continue in obtaining witnesses, or prosecuting or defending such action force in favor of any purchaser from such insured of either or proceeding, and the Company shall reimburse such insured i ' w, said estate or interest or the indebtedness secured by a pur- for any expense so incurred. ' chase money mortgage giveno such insured. •} _• ' 3. DEFENSE AND PROSECUTION OF ACTIONS--NOTICE OF 4. NOTICE OF LOSS— LIMITATION OF ACTION CLAIM TO BE GIVEN BY AN INSURED CLAIMANT 3 In addition to the notices required under paragraph 3(b) (a) The Company, at its own cost and without undue ' of any losof these soritdamaions gedfortrwhiich�tsisaclaimedetheiCompany g delay, shall provide for the defense of an insured In all litiga- is liable under this policy shall be furnished to the Company • tion consisting of actions or proceedings commenced against , within 90 days after such loss or damage shall have been de- • vch insured, or a defense interposed against an insured in an termined and no right of action shall accrue to an insured tion to enforce a contract for a sale of the estate or interest claimant until 30 days after such statement shall have been ,n said land, to the extent that such litigation is founded upon furnished. Failure to furnish such statement of loss or damage an alleged defect, lien, encumbrance, or other matter insured shall terminate any liability of the Company under this policy against by this policy. as to such loss or damage.• - • • .r+' Continued on Front of Back Cover is df - ST Numr.FR SCHEDULE B CONTINUED • 6. Rights of way for county roads 30 feet wade o on f either side of section the er side of section and township lines, as establis�©corded by rOctober 14 ,, 1889 in Book 86 Commissioners for. Weld County ,• at Page 273 , Weld County Records . of the NW and . 7. Right of way for an irrigation ditch tthrough coni � tructio � , operationaand ,the use of all lands necessary for th h s to es i;;aintenance of said diraand 1888hin1Book.77uatrPage 32, :tight of Way Deed recorded March 16, Weld County Records . NOTE: The width and exact location of said right of way is not disclosed of record. 8. r it ht of way and easement over the E?; of the NWis to cor,stru 7-e-rat( rat( maintain , replace and remove such communication systems , as may from tit to time be required, consisting of underground cables , wires , conduits , l:ianholes , drains and splicing boxes , and surface testing terminals , repeaters and markers , and other appurtenances , together with the right of ingress and egress as granted to America Telephone and Telegraph Company by instrument recorded April 25, 1941 in Book 1078 at Page 75, Weld County Records . NOTE : The exact location of said right of way is not disclosed of reco 9_ The right to enter upon said lands and to construct , reconstruct , re- place , repair , operate and maintain an electric transmission and/or distribution line or system as granted to Union Rural Electric Associ- ation , Inc . , by right of way easement recorded April 24, 1969 in Book 594 under Reception No. 1515662, Weld County Records , said right of way being over the East side of the NWc. 10. A right of way and easement 20 feet in width to construct , operate , maintain , replace , and remove , such communication systems as may from time to time be necessary , consisting of underground cables , wires , condaits , drains and splicing boxes , and surface testing terminals , repeaters , repeater housings and markers , manhgles , and other appurtent together with the rights of ingress and egress- as granted to America Telephone and Telegraph Company by instrument recorded May 214, 1968 in Book 595 under Reception No. 1516665, Weld County Records . • NOTE : The exact location of said right of way is not disclosed of recr 11. Oil and Gas Lease dated February 14 , 1970 between Louis J. Rademacher and Frances J. Rademacher, lessor, and T. S. Pace, Lessee , for a pri— wary term of Weld years recorded Recordsrch and9any9andinahook as�signmen22 tsrthereofi+ No. 15440 71, County or interest therein t. • • • vp a $rx h Z EDULE ['3 1-25,0011648-Oh CONTINUED i -- --� 12. Fishing and Hunting Lease dated February 15, 1962 between Ted Rademacher , Lessor , and the Longs Peak Chapter of the Izaac Walton League, Lessee, for a term beginning February 15, 1962 until December 30, 1967 with an option to renew said lease for another s years , recorded ,Innuary 15, 1964 in Book 503 under Reception No. 1426371 , Weld County Records , i 13. The St . Vrain Reservoir as evidenced by instrument filed under Reception No. 119360, Weld County Records , the Wild Cat Reservoir as evidenced by instrument filed under Reception No. 120349, Weld County Records , the Macarthy Reservoir as evidenced by instrument filed under Reception No. 138075, Weld County 'Records , and a right of way therefore. 14. A right of way to construct , maintain , inspect , operate , repl^ce change or remove , a permanent easement 50 feet in. width together with the rights or ingress and egress as granted to Amoco Production Company by right of way agreement recorded September 10, 1973 in Book 699 under Reception No. 1620944 , Weld County Records , said right of way is described as running East and West from the West line of the Ni NWl, Section 31 to the East line of the NWi Section 31 T3N R67W. 15. Oil and Gas Lease between Louis J. Rademacher and Frances J. Rademacher, Lessors , and .%moco Production Company, Lessee, for a primary term of 1 year , recorded March 7 , 1974 in Book 710 as Reception No, 1631591 , Weld County Records , and any and all assignments thereof or interests therein. i 16. Reservation of one-half of all oil and gas for a term of 15 years from The date hereof , and an undivided one-half non-participating royalty interest in and to all royalties derived from oil and gas 1. production for the production life-time of any well commenced within the said 15 year term, regardless of when such well or wells might begin to produce , as contained in Warranty Deed from Louis J. Rademacher and Frances J . Rademacher, dated August 1 , 1974 , recorded August 13 , 1974 in Book 721 as Reception No. 1642675, Weld County Records , and any and all assignments thereof or interests therein . - 17. A resident tenancy of all improved buildings on the subjeci: pcaperty for a period of 6 months from the date hereof or until. Grantors shall obtain a certificate of occupancy for a new residence presently being constructed by Grantors , whichever shall first occur , as contained in Warranty Deed from Louis J. Rademacher and Frances J. Rademacher , dated August 1, 1974 , recorded August 13, 1974 in Book • 721 as Reception No. 1642675, Weld County Records . ' • rni no•nn nrr iCW+ At TA r AJMFprc POI icr_cnRM 0-1Q70,AMENDED 10.17.701 • ... �4 7 a i ' .`'ODD" a _ • t 18. The use of all canals and pasture land upon the subject property for a ,` term of lh months from the date hereof as contained in Warranty Deed. from Louis J. Rademacher and Frances J. Rademacher , dated August 1 , „ , 1974 , recorded August 13 , 1974 in Book 721 as Reception No. 1642675, Weld County Records , 19. Deed of Trust from Pasquale Varra to the Public Trustee of Weld County, Colorado for the use of Louis Rademacher and Frances Joan Rademacher to secure $220, 000.00, dated August 1, 1974 , recorded August 13, 1974 in Book 721 as Reception No. 1642676, Weld County Records . • • • COLORADO REGION,ALTA OWNER'S POLICY-FORM 8-1970(AMENDED 10.17.701 -- • • �u u .g,.,' _ . .c.i.'1 �. :• k —_. _ :.. r Caotl: u rc.. tre ,i Back of Front Cover ' S. OA;ripNS TO PAY OR OTHERWISE SETTLE CLAIMS interest covered by ,,.,s policy and the amount so paid shall be deemed a payment under this policy to said insured owner. 1n,, Company shall have the option to pay or otherwise settle for or in the name of an insured claimant any claim in- 10. APPORTIONMENT sured against or to terminate all liability and obligations of the Company hereunder by paying or tendering payment of If the land described in Schedule A consists of two or more . the amount of insurance under this policy together with any parcels which are not used as a single site, and a loss is estab- • . • costs, attorneys' fees and expenses incurred up to the time lished affecting one or more of said parcels but not all, the of such payment or tender of payment. by the insured claim- loss shall be computed and settled on a pro rata basis as if • ant and authorized by the Company. the amount of insurance under this policy was divided pro ' . rata as to the value on Date of Policy of each separate parcel 6. DETERMINATION AND PAYMENT OF LOSS to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise * (a) The liability of the Company under this policy shall been agreed upon as to each such parcel by the Company and in no case exceed the least of: , the insured at the time of the issuance of this policy and (i) the actual loss of the insured claimant; or shown by an express statement.herein or by an endorsement .`,,.J (ii) the amount of insurance in Schedule A. • • attached hereto. (hl 'l he Company will pay, in addition to any loss insured {"'a 11. SUBROGATION UPON PAYMENT OR SETTLEMENT v's"k" against by this policy, all costs imposed upon an insured in liti- t?�„,,;, ation carried on by the Company for such insured, and all Whenever the Company shall have settled a claim under costs, attorneys' fee and expenses in litigation carried on by this policy, all right of subrogation shall vest in the Company . such insured with the written authorization of the Company. unaffected by any act of the insured claimant. The Company ,‘, (c) When liability has been definitely fixed in accordance shall he subrogated to and be entitled to all rights and reme- " • , with the conditions of this policy, the loss or damage shall be ' dies which such insured claimant would have had against any a able within 30 days thereafter. person or property in respect to such claim had this policy,not payable a been issued, and if requested by the Company, such insured •. • claimant shall transfer to the Company all rights and remedies . f T. LIMITATION OF LIABILITY against any person or property necessary in order to perfect - - • maintainedunder this policy No claim shall arise or be use the name of such insured claimant in any transaction or such right of subrogation and shall permit the Company to (a) if the Company, after having received notice of an alleged i .,• defect, lien or encumbrance insured against hereunder, by litigation involving such rights or remedies. If the payment ; litigation or otherwise, removes such defect, lien or encum- does not cover the loss of such insured claimant, the Company iti g shall be subrogated to such rights and remedies in the pro- ,�`„., brance or establishes the title, as insured, within a reasonable portion which said payment bears to the amount of said loss. time after receipt of such notice; (b) in the event of litigation If loss should result from any act of such insured claimant, until there has been a final determination by a court of corn- such act shall not void this policy, but the Company, in that , petent jurisdiction, and disposition of all appeals therefrom, event, shall be required to pay only that part of any losses • . adverse to the title, as insured, as provided in paragraph 3 insured against hereunder which shall exceed the amount, if -' 1 hereof; or (c) for liability voluntarily assumed by an insured any, lost to the Company by reason of the impairment of the ,-.-*•••- .., in settling any claim or suit without prior written consent of right of subrogation. the Company. • } t 12. LIABILITY LIMITED TO THIS POLICY ' 8. REDUCTION OF LIABILITY All payments under this policy, except payments made for This instrument together with all endorsements and other costs, attorneys' fees and expenses, shall reduce the amount instruments, if any, attached hereto by the Company is the e of the insurance pro tanto. No payment shall be made without entire policy and contract between the insured and the 1 producing this policy for endorsement of such payment unless Company. the policy be lost or destroyed, in which case proof of such Any claim of loss or damage, whether or not based on _ loss or destruction shall he furnished to the satisfaction of negligence, and which arises out of the status of the title to the Company. the estate or interest covered hereby or any action asserting such claim, shall be restricted to the provisions and conditions and stipulations of this policy. 9. LIABILITY NONCUMULATIVE No amendment of or endorsement to this policy can be , t It is expressly understood that the amount of insurance made except by writing endorsed hereon or attached hereto under this policy shall he reduced by any amount the Corn- signed by either the President, a Vice President, the Secretary. , pany may pay under policy insuring either (a) a mortgage an Assistant Secretary, or validating officer or authorized shown or referred to in Schedule B hereof which is a lien on signatory of. the Company. the estate or interest covered by this policy, or (b) a mortgage.: ._.,. hereafter executed by an insured which is a charge or lien on 13. NOTICES, WHERE SENT the estate or interest described or referred to in Schedule A, A-- and the amount so paid shall he deemed a payment under this All notices required to be given the Company and any policy. The Company shall have the option to apply to the pay statement in writing required to he furnished the Company ment of any such mortgages any amount that otherwise would shall he addressed to Transa'fnerica Title Insurance Company, he payable hereunder to the insured owner of the estate or 1837 California St., Denver, Colorado 80202. , o i t. a . . 1' 0._;:,-.,!,- ,, 'r 1r- . a g 0 z v W N O p 0 G/= w > • 3 V > jl! 1�1_ o ; m " c c O 1L`w C - �v c. -CD .4.....:' C '° C-. �"` Z".0- E m O O > a , O S o� O c o z--2 LC ia_ i- E W 1 O cis V g O cj g j�-22 q 0,0 j F' a • ,� ' • a ' V, � ' U • �f • -i ° • a7 • <� ° u�' owl O—no O i "� E �� ..cam{, °� m` @ q� �� o .�- � c • u �r • ° Y � � • u� � • � �,o. _ ,� m� -ow > o .....10-7 d a Ln_FJ 4 k�3 �_ 'Q �v �v C9 W 't7 m O._ O 4 c,_- a, o e co .E N .a n 0 "'� >, (`7 J XQ QV O� � O v y y'� S da ^� daar C n WV n Q Ca I, �^ O m .- co y acv e, Cl = . q § -+3 8 Lo 2 w v ►- W ocO s el Q n N h ,71 CO Z Q 11 m a , I O CD CCa pamo Ca C CCI v �� 13 NMI ,„ 4 O c ca cop �' co 'S .1 00 g N DMIIII J 11 ,r el r. . .., • 71 yy c-+ i , C 0 C• •O n W M •Q oc, o ° a O N w C a o Z ul �> ` O O �> 3 •- O •, Q M •- co O D w It TJ v" D o v D c ppc ° > E c o hr y 4! E O `n • 0 4- i0 O • N O ` N •: v`i • PI M O V rYo Z p IA -,t O v 9- co O M eL d , t 4-1 se% a xr f :�� -_ aft . GG Ilk • LAND STABILIZATION AND RE""LAMATION AGRESNLNT t'. , THIS AGREEMENT is entered into this 29 day of 1974 by and between THE STATE CF COLORADO, by and through its Director of Natural Resources and the Land Reclamation Board (hereinafter referred to as "State") and PASQUALE VARRA, d.b.a. VARRA ENTERPRISES (hereinafter referred to as "Varra"). W I T N E SS E T H: WHEREAS, Varra desires to operate a sand and gravel mine in Section 31, T3N, R67W, Weld County, Colorado; and WHEREAS, Varra has submitted a plan on the Proposed Land Stabilization and Reclamation Procedures for the proposed sand and gravel • mine operations; and WHEREAS, said sand and gravel mine will be operated for the purpose of extracting sand gravel for commercial marketing; and WHEREAS, The Colorado Open Mining Land Reclamation Act provides statutory authority for the Land Reclamation Board of the State of Colorado to enter into agreements with operators or persons in charge of mining operations such as those contemplated by Varra2to insure that the necessary stabilization and reclamation work will be done to prevent landslides, floods or erosion. This section of the law further provides that the Land Reclamation Board requires a performance bond conditioned • upon the faithful performance of the stabilization work required by the Board; and WHEREAS, the Land Reclamation Board has determined that the • mining operation to be conducted by Varra in said Section 31 could have an adverse affect on the environment and could result in landslides or erosion if proper stabilization and reclamation procedures are not followed. • NOW THEREFORE, pursuant to the authority set forth in the Colorado Open Mining Land Reclamation Act, the Land Reclamation Board of the State of Colorado has determined that the following land ' 4 • 4 • ` stabilization and reclamation procedures will be followed in the mining operation of Verra in Section 31, T3N, RE7W, Weld County, Colorado, and Varra hereby agrees to faithfully perform the land e:tathilization and reclamation work required herein, to-wit: • 1. Reclamation of the site shall meet the following existing zoning standards: • A. No excavation shall occur nearer than 20' to any existing lot line or right-of-way line. In the case of County Road 13, all excavation shall be set back at least 75' from the center of the road (section line). B. Hours of operation shall be unlimited, but normally will follow a 6:00 a.m. to 10:00 p.m. schedule. C. Slopes left after excavation shall be no steeper • than a 2' horizontal distance of each 1' of vertical rise (2:1 slope). 2. Upon. completion of excavation of each lake, reclamation and reuse of site will occur as follows : A. Cleanup area, smooth contours and plant trees along bank approximately 1 tree at 1" caliper for each 100' of shoreline. B. Anticipate leasing said existing lake area for hunting and fishing purposes. 3. A central area between all of the future lakes will be left unexcavated. This area, 10+ acres, shall be left for eventual use of a central activity area for the recreation use. It is anticipated it would be used as a picnic camping area for the total site. The area would. not be used for recreation until it is no longer needed for storage of excavated material or access. 4. Wherever possible, operator will stockpile and retain top- soil on the property covered by this permit for future use on said . property. Initial overburden from the first lake will be used for on-site road construction. Overburden from the second and subsequent lakes will be spread around the shoreline of the most recently excavated lake. o ! t � • 5. The operator will grade and stabilize any surface area disturbed by this operation and revegetate the area, following the best information available from qualified organizations or persons. 6. Operator will grade and stabilize the area affected by this operation by striking off ridges and peaks to a width of not less than fifteen (15) feet at the top. 7. Land stabilization and reclamation will be maintained for a period of three (3) years after all mining activities cease, and if the property is sold, leased, or trasnferred in any manner, the new owner, lessee, or person having control, must file a request to succeed operator (LRB Form 7) with the Colorado Land Reclamation Board, and shall agree to be bound to the unexpired period of the • three-year term. 8. Operator will monitor and control fugitive dust to keep same in compliance with the dust emission standards set by the Colorado Air Pollution Control Commission. The operation is the wet pit type, which by itself limits dust generation. 9. Operator will maintain internal combustion engines to keep air pollution within the standards set by the Colorado Air Pollu- tion Control Commission. • 10. Operator will erect warning signs at least three hundred • (300) feet on either side of point of ingress and/or egress to or from permit area to a posted and numbered thoroughfare. 11. An on-site identification sign not to exceed 4 ft. x 8 ft. (or 32 square feet) will be provided. Height of said sign shall not • exceed 20 feet. It shall,be unlighted. 12. Night and security lighting shall be provided. Lights shall be of a mercury vapor type mounted on poles not to exceed 35 feet in height. Adequate lighting will be provided to permit occasional evening operations. 13. The site is expected to be excavated in 10 years, with initial excavation starting on the west side of the site and proceeding • F e.7sterly. • o • 14. Plan and agreement will be updated annually so that new techniques can be utilized as they are produced or found. 15. Operator will furnish the Land Reclamation Board a ` performance bond in the amount of $ 15,000.00 to insure that the work required herein will be accomplished. 16. If operator plans to discharge into a waterway, then a permit to discharge into same will be obtained from the Colorado Water Quality Control Commission. 17. Operator will monitor water wells in the vicinity of said operation to observe levels of said wells and will arrange for a • pure water supply for the users or owners of wells affected by any drawdown of the water table as a result of this operation. • 18. Operator will control erosion on or along haul roads by the use of drainage ditches, culverts or check dams. 19. Natural drainways or drainways constructed to alleviate flood conditions in the area shall be kept free from overburden, stock- piles and topsoil. ,: 20. Operator will obtain permission from the local county authorities before using water from any waterway, to prevent usurping any adjudicated water rights. 21. Trailers and/or buildings used for office, storage, and maintenance shall meet local zoning regulations. 22. Special use or other forms of permits shall be obtained from the county agency authorized to grant such permits. • r, 23. Nothing in this agreement shall subrogate the operator's • responsibility for compliance with local county zoning requirements. If any of the terms, conditions and requirements of this agreement are violated at any time during the period of this agreement, • the Land Reclamation Board may at their sole discretion close the mining operation until satisfactory arrangements have been made to bring the operation into compliance with this agreement. This agree- { 6 , shall be binding upon the successors and assigns of the parties L.GY Ji� Witness our hands this /,_52 day of , 1974. a arra, d. .a. Varna Enterprises F. roved: T. W. Ten Eyck Executive Director PARTMENT OF NATURAL VSOURCES By: x�ti� � 'l_ Deputy Commissioner of Mines La:ed: 9/2. 3/7 S )44 •• ',1 ci pt�K Recorded 1st u o'clock "u V J " — . 8EXHIBIT HH .ikt> � 111762632MARY ANN F TEINRecur ]' I Reception No. d r — — --- — s/ Kcr rdcr s Stamp 71IISDE,E.D, blade this `� day of July ...1 , ITT/8 ,between PASQUALE VARRA and JACQUELINE VARRA, • I � j I I . s 1' of the county of Weld and State of t, 1 ; `o(' ' Colorado,of the first part,and VARRA SAND AND GRAVEL, INC I } I ^i T'` z l a corporation 4 organized and existing under and by virtue of the laws of the State of Y k t 0Colorado ,of the second part:whose legal address is 2130 S . 96th ^4 " ( I Street, Broomfield, Colorado 80020 I, i zl O I WITNESSETH,That the said parties of the first part,for and in consideration of the sum of NO r o I CONSIDERATION _D.CU.LARS. !I to to the said part i.esof the first part in hand paid by the said party of the second part,the receipt whereof is hereby ! . confessed and acknowledged,ha Ve remised,released,sold,conveyed and QUIT CLAIMED,and by these presents r" 'O do remise, release, sell, convey and QUIT CLAIM unto the said party of the second part, its successors and I `, assigns forever, all right,title,interest, claim and demand which the said part ies of the first part have in I to `i 1 and to the following described ." `.7 _,, situate,lying and being in the County of Weld and State of Colorado,to wit: I a. 1 (LEGAL DESCRIPTION ATTACHED AND MARKED SCHEDULE A) It . (NO CONSIDERATION IN THIS DEED - TRANSFERRED IN CONNECTION WITH , INCORPORATION OF AN EXISTING BUSINESS . ) j' , II. . II , 7,1 j 4 , ' .1 r also known as street and number 12906 Weld County Road 13 , Longmont , Colorado.• TO HAVE AND TO HOLD the same together with all and singular the appurtenances and privileges thereunto r belonging or in anywise there unto appertaining,and all the estate,right, title,interest and claim whatsoever,of the ' said part leS of the first part,either in law or equity,to the only proper use,benefit and be hoof of the said party of i the second part,its successors and assigns forever. their IN WITNESS WHEREOF,The said parties of the first part ha ye hereunto set / hand s and seal S the day and year first above yfritten. I r Signed,Sealed and Delivered in the Presence of S VARRA rr ' N' t a-17a It: �As+] 't J4CQU LINE VARRA a o(f , II — / ! L.) 1 • 11. — V , , xi `�+ i !I — -- — — — �-1 SAL] I' !I.• mw' O I I, STA'l'E OF'COLORADO, 1 ' •''• i \ I County of A.)LL _C A-. / RS. '•1 ' A H - IThe foregoing instrument was acknowledged before me this / r` day of ( ) •..., +1 • f 19 '18 ,by* Pasquale Varra and Jacqueline Varra. * . My commission expires IT. t%k. I Q ,19 F.2, .Witness my hand ttnd eff�t se' t r; , ' ik pyut, °,•of_el-znt:A . ./aN_- • i._ _____... I 4 1.: .f No n y Public f.0 it • I 3 I \1.'5'i/ . I • l_{ • • fi No.522. Quit'Cl.A1It1n4t.UTOt'OR!'ONATI/1N.-1ir$dfordPublininngCo.,1524-46 Stout Street,Denver,Colored',(573-,011)—U.77 r; '. • it'1J • • :) _ � i. • SCHEDULE A • A tract of land located: in the NW1/4 of Section 31 , ' � Township 3 North, -Range 67 West of the 6th P.M. , WELD COUNTY, COLORADO, said tract being more parti-- cularly described as follows : Beginning at the Northwest corner of said Section" 31 , thence S 00° 03 ' 22" E along the West line of said NW1/4 , 2652 . 51 feet to the W1/4 corner of said Section 31 ; thence S 39° 13 ' 37" E along the South line of said • NW1/4 , Section 31 , 2524 . 75 feet to the Southeast corner of said NW1/4 , thence "North" along the East line of said NW1/4 , Section 31 , 2651. 21 feet to the N1/4 corner of said Section 31 , thence N 89° 11 , 58" W along the North line of the aforementioned NW1/4 , Section 31 , 2531 . 23 feet to the POINT 'OF BEGINNING. • TOGETHER WITH all appurtenant water rights from 1860 Decree for water from the St. Vrain River. EXCEPT the following described tract of land: ,1 A tract of land located in the Northwest Quarter (NW1/4) -3 of Section 31 , Township 3 North, Range 67 West of : the Sixth Principal Meridian, Weld County , Colorado , said tract being more particularly described as follows : Beginning at the Northwest Corner of said Section 31; } thence South 00° 08 ' 22" East, along the West line of said Northwest Quarter,. 600 feet to the Point ` : of Beginning; `r thence South 00° 13 ' 27" East , 871 . 2 feet; thence North 00° 00 ' 00" East, 500 feet; M 4'�• thence North 89° 11 ' 58" West , 871 . 2 feet to the Point of Beginning. Said land containing 10 acres , approximately. ir And except one-half off all oil and gas as reserved by Louis E. Rademacher and Frances J. Rademacher in ,.� conveyance dated August 1 , 1974 . • b And subject to any prior encumbrances of record. • s . le 4 f Z.\ F 11 f •: • • 1 x - • s T ss:. • • 1 k, f ! 1 ' .r 1:r- , 4 r f: '' f r jj 7r •4 W T!y V Q w • ElCO x Q . k Z � � r'L4,: � 03 N ['' .rte. F' o0c 1 Q r,N �� • Qo� t � j� ��} < o �� O oc \.; 0 oe O U > K.'"•::Nt' C-.-V 43 �..� V " U LL O 11 o �, v • r "w i p �� d .�1,4t Q :L j .. ..< >= D TO g, r IP • F f L. E ! .) H Y-' ' ARTICLES OF AMENDMENT ' TO THE I y JUL '18 ,., ARTICLES OF INCORPORATIO1 TA1 L. (._•!._utt:DO DEPT. CF STATE Pursuant to the provisions of the Colorado Corporation e,, , Act, the undersigned corporation adopted the following Articles of Amendment to its Articles -of Incorporation : ' is i s . FIRST : The name of the corporation is VARRA SAND � "' AND GRAVEL, INC. SECOND: The following amendment was adopted by the shareholders of the corporation on the. 27th day of June, 1978 , in the manner prescribed by the Colorado Corporation Act : x• u d * ARTICLE I NAME. The name of the corporation shall be VARRA COMPANIES, INC. % , ARTICLE III -. PURPOSES AND POWERS. , Section 1. IN GENERAL. - ; ._, (a) General Purposes and Power: . To engage in the operation of sand and gravel excavation and the sale and '' purchase of sand, gravel , and related products ; and to engage in general construction, oargthmoving and excavation , landscaping, ►;: and trucking business. „ c," — � • • 1 yy Y'f-T r- _ - _� -.___ _ ... ....; .._. _. ^... .._.gyp..... .. . • � }, a y THIRD : The number of shares of the corporation out- • standing at the time of such adoption was 10 , 000; and the num- • ber of ;.iharos entitled to vote thereon was 10 , 000 . FOURTH: The number of shares voted for such amendment was 10 , 000 ; and the number of shares voted against such amend- ment was zero. FIFTH : The amendment does not in any way effect ex- change, reclassification or cancellation ofissued shares and • the amendment effects no change in the amount of stated capital. The purpose of the amendment is to change the corporation name and enlarge the corporate powers . VARRA SAND AND GRAVEL, INC. • By g President AT T : 4/1/4._/ Secretary - (SEAL,) a. • STATE OF COLORADO ) ss. COUNTY OF BOULDER ) CC Before me, (O . 0.,<2,C1 , a Notary Publ' c in and for the said County and State , personally appeared a' OC2„eal G? i� , who acknowledged before me that ' he is e President -of Varra Sand and Gravel , Inc. , a Colorado - 2 r 4' 1 .1 c orporation , and personally appeared .,_/ -2/aiii.-4,—.1 ' , ,i who acknowledged before me that she is the Secretary of Varra _ f Sand and Gravel , Inc. , a Colorado corporation, and that they r, . t, : signed the foregoing Articles of Incorporation as (heir free s and voluntary act and deed .for the uses and purposes therein t{ : set forth, and that the facts contained therein are true. ' * In witness whereof I have hereunto set 'my hand and seal this �� ' day of 1978 . ,-, MY Commission Expires July 2,1979 My commission expires : 4. - .fir 1 1 i,r No y Pub c f: . ,', • (SEAL) F' } iF , 31 ! v 4,. _ r, ' 4 , s. '•?Sw 4 ;i - 3 - " 1rp-_^-- -.t-_t--.,.7.....-,.-r--•--a-.,-w. r�-r -�.+.►+ '. Li EXHTBIT JJ IIP • IN THE DISTRICT COURT IN AND FOR • WATER DIVISION NO. I STATE OF COLORADO CASE NO. W-7551 IN THE MATTER OF THE ) APPLICATION FOR WATER ) RIGHTS OF LOUIS J. AND ) FRANCES J. RADEMACHER ) IN THE SOUTH PLATTE RIVER ) ' OF ITS TRIBUTARIES ) FINDINGS AND RULING TRIBUTARY INVOLVED ) ST. VRAIN CREEK ) IN BOULDER COUNTY ) THIS MATTER, having been filed with the Water Clerk, • Water Division No. 1, on December 21, 1973 and having been heard on June 13 , 1974 before the Referee, and the Referee, being fully advised in the premise , does hereby find: 1. All notices required by law of the filing of this application have been fulfilled, and the Court has jurisdiction of the subject matter of the application. 2 . Statement of Opposition to .the application was filed by the City of Longmont, by and through its Counsel, Miller, Ruyle, Steinmark and Shade, David J. Miller. The time has expired for filing of further statements of opposition. 3. The Court finds that applicant, Louis J. Rademacher and Frances J. Rademacher ate the owners of one-fifth of the decreed water rights out of the Hayseed Ditch, Priority No. 1 January 1, 1860 and as decreed June 2, 1882 for 41. 54 cubic feet per second from St. Vrain Creek. 4. The Court finds that applicant has been using 2. 0 cubic feet per second of these specific water rights from a well since at least 1950 to irrigate 72 acres of land owned 'by him in the Nigh Section 31, Township 3 North, Range 67 West. 5. The applicant has stated in open Court that as a condition of transferring the decreed right to his well head, ' � • • I • he would hereafter continue to irrigate the glands that were irrigated by him from his well in the years 1971 and 1972 , and the Court therefore adopts such provision in its findings. 6. The Court further finds that so long a'' applicant continues to irrigate the same land there will be no injury to vested rights of others. 7. The applicant has stated in open Court that as ; }, a condition of transferring the decreed right to his well head he will not call out junior water rights in order to obtain his decreed water, and the Court therefore adopts such provision in its findings. • 8 . The applicant has stated in open Court that as a condition of transferring the decreed right to his well head he would abandon to the stream all of his ownership in the Hayseed Decree in excess of the 2. 0 cubic feet per second presently being used through his well, and the Court therefore adopts such provision in its finding. IT IS HEREBY DECREED: 1. The name and address of the applicant: Louis J. Rademacher and Francis J. Rademacher Route 1, Box 287 Longmont, Colorado 80501 • 2 . The name of the Structure: Hayseed Ditch 3. Present 2oint cif Diversion: Section 34, Township 3 North, Range 68 West. . • 4. Change or Transfer: Change in point of diversion to a well (un- registered) located in the NWT Section 31, Township 3 North, Range 67 West at a point where the NW Corner of said Section bears North 25° West, 2,450 feet. By this transfer, the change is that the applicant can divert 2.0 cubic feet per second of water from the above described well under the Hayseed Ditch priority of January 1, 1860 to irrigate 72 acres of 4 land in the Nigh Section 31, Township 3 North Range 67 West. '* 2 5. Conditions of Transfer: • Applicant will not increase or enlarge the irrigated lands under this right, nor will he, under this Ruling, change the type of use of the water. Applicant will not call out junior R ' priorities in time of shortage to meet his decreed needs. Applicant abandons all of the water owned by him from the Hayseed Decree with the exception of the 2. 0 cubic feet per second. DATED this day of August, 1974. Water Referee Water Division No. 1 State of Colorado. 4 3 'A :r • ,.:, ;37,4f • Apo•.�jjg• {►.444, ' •,. •� � c' :i.J j d g, :.r fi g , 'roc 'r.'�... / e ` ( j t Z,s •• .k el x o, L � • ,,'. C ,: , - . . ____, . ..._• ; , , ......, 3• I— . . \''..k\ .6L Q1 e. (i I I , o i $P J.s, \ ' '''....1".7'.N.H !3NVH3 J • N • . •I CO • �Ju. _ 1 r ., r // .7 I o, I, t r r e +i0` e'\.,. 1 • r ' . . , ....„.... r7. I , Q 4410 , .� 4 t ) ' (' f' .gib . V ,,, ' \ ;,.; I'''' : -.. - . .....\TH 11) , F f. K' • ^� a yci n 11 I ti m-... pp � w o ' 4 d Po,o '..li & , , `tpl u • _ y n\ :: NA •I /s.--..-----"--1-. '' �1 ; •W 'I, lo 1� 1 1 111 • 11 i • .. I id \ V -'b \ / �� 1 . _ 1'T.'' ‘ '. c'N• .'\-• N N :, .1yo C ( DEPARTMENT OF PLANNING SERVICES t s s PHONE(303)356-4000 EXT.4400 ` "s 915 10th STREET n �, M GREELEY. COLORADO 80631 -:_rt.r) --.2 ri V 1 • - , -.- I [ ' Nfts# Z.,.:—...1k.'.....:4a rYLOR1-ADO NOTICE OF PUBLIC HEARING The Weld County Planning Commission will conduct a public hearing on Tuesday, June 4, 1985 at 1:30 p.m. to review a request for approval of a an Amended Special Use Permit to include 155 acres in a wet, open-cut sand and gravel mining operation from Varra Companies, Inc. on a parcel of land described as Pt. NEI of Section 31, T3N, R67W Weld County, Colorado, containing 155 acres, more or less. The 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 Tenth 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 Tenth Street, Room 342, Greeley, Colorado 80631, before the above date or presented at the public hearing on June 4, 1985 . Copies of the application are available for public inspection in the Department of Planning Services, Room 342, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado, — Phone — 356-4000, Extension 4400. Robert F. Ehrlich, Chairman Weld County Planning Commission To be published in the Johnstown Breeze To be published one (1) time by May 16, 1985 C4Received by: Date: S— /71A-- — � 657=�• --• i A co o O - O // cri CI K I U c• � � i O O > C7, i I O I - A CP O) - - - 1 -X x- r\) l = N N O co• O I I . W \ A CI :Al - C� . cti • x w —x_.,x— _TL : ' J ,I-o • 4 16-10-075-155-4'� x x O d 44 � � �' • I /� o ; /274. LT, \..„4 Z I ate wJ � - r �' w ET--) /267 - -• o CD Cr, • IV_ �. J O C....) 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Acord 7541 Weld County Road 26-3/4 Longmont, Colorado 80501 Joseph F. , Jr. and Judith Timko 7095 Weld County Road 26-3/4 Longmont, Colorado 80501 John H. and Lorraine L. Pivonka 17566 County Road 30 Sterling, Colorado 80751 Harold E. and LaVerna Pelson 11955 Weld County Road 15 Longmont, Colorado 80501 Fldon and Mary Sue Von Chien 9661 Weld County Road 13 Longmont, Colorado 80501 Varra Companies, Inc. 2130 South 96th Street Broomfield, Colorado 80020 SAND AND GRAVEL PRODUCTION OPERATIONS (INCLUDING ROCK AND STONE USED AS AGGREGATE) GENERAL PERMIT IN COLORADO RATIONALE COLORADO DISCHARGE PERMIT NUMBER: COG-500000 Sand and gravel production is the largest nonfuel mineral industry in the United States and is closely associated with the construction industry, which consumes over 90% of the sand and gravel output. Sand and gravel production operations are subject to the requirements of 25-8-101 et. seq. , 1973 as amended. Regulations for the Colorado Discharge Permit System, 5 CCR 1002-2 and Title 40-Part 436 of the Code of Federal Regulations (40 CFR 436) specify the wastewater discharge requirements for this industry. Section 6.10.2 of the Colorado Discharge Permit System regulations provides for the issuance of General Permits where covered facilities: 1. are within prescribed geographic boundaries; 2. involve substantially the same type of operating conditions; 3. discharge the same type of waste; 4. require the same effluent limitations or operating conditions; 5. require similar monitoring; and, 6. are more appropriately controlled under a General Pe_--mit than individual permits. The issuance of a General Permit for sand and gravel production operations is intended to simplify the regulatory program to make it more manageable and effective and to promote a consistent permitting and enforcement posture with respect to these operations. However, it is also for applicability for the normal facility and is not intended to apply to an abnormal operation which will require an individual permit. INDUSTRY DESCRIPTION Typically, the extraction of the raw material, sand and gravel, is via front-end loader, power shovel, or scraper. The extraction process may involve removal of the overburden and/or pit dewatering operations . Mine water pumpout may occur during periods of rainfall or when the groundwater level reaches a predetermined height in a pit or low-area. e A. COLORADO DEPARTMENT OF HEALTH Water Quality Control Division 4210 East 11th Avenue Denver, Colorado 80220 CERTIFICATION VARRA COMPANIES, INC. VARRA COMPANIES, INC.-Amendment PERMIT NUMBER COG-500074 WELD COUNTY FACILITY TYPE: Sand and Gravel SIC NO. : 1442 LOCATION: Northeast 1/4 of Section 31, less 5.6 acres in the Southwest 1/4 of the Northeast 1/4, T3N, R67W of the 6th Principal Meridian LEGAL AND LOCAL CONTACT: Christopher Varra 2130 S. 96th Street Broomfield, CO 80020 (303)+696-6846 RECEIVING WATERS: St. Vrain Creek SUB-BASIN, SEGMENT: Segment 3, St. Vrain Creek Sub-basin, S. Platte River Basin CLASSIFICATION: Recreational, Class 2 Aquatic Life, Class 1 (Warm) Agricultural Use Q7-10 (Stream low-flow) : Not applicable as effluent limitations in the permit are not flow based. DESIGN FLOW: Unknown I COLORADO DEPARTMENT OF HEALTH Water Quality Control Division Rationale - Page 2 Facility No. CO-500074 FACILITY DESCRIPTION: The Varra Companies, Inc.-Amendment is a sand and gravel extraction operation. Sand and gravel is mined at the site and hauled to another site for processing. The site will be mined in four phases with an estimated life of 10 years at each phase. The discharge shall consist of groundwater at an estimated flow of 1200 GPM. Discharge point 001 and 002 shall be the pump outfall to a spillway then to St. Vrain Creek, as shown in Figure 1. The discharge point used will depend on which area is being mined. Samples shall be taken at the pump. No flocculants or other chemicals will be used for treatment of the discharge. This is a new facility, so no operating history or effluent data is available at this time. With regard to fuel which may be stored on site, a SPCC plan will not be required but diking should be performed as discussed in the rationale and Part 1.B. of the permit. No tailings or landfill sites are located adjacent to the facility. The permittee is encouraged to read the general rationale for an understanding of how this permit was developed and to read the permit to see what requirements exist. Within the body of the permit itself, effluent limitations and monitoring requirements are specified in Parts l.B. and C. and special notification requirements for effluent violations are addressed in Part II.A.2.(B). Salinity monitoring of the discharge will not be required on a quarterly basis since it is not located in the Colorado River basin. Based on the above information, the Varra Companies, Inc. facility is certified to discharge under the general permit for (sand and gravel) operations, identified as permit number COG-500000. All correspondence relative to this facility should reference the specific facility number COG-500074. Karen Young July 22, 1985 Document Name: „FOT,uTICN, ARRA COIT?N7FS Fequestor's TD: Autller's Name: i±cood bobble Document Comments: Ariended LSE--?4f' A PERMIT NO. : COQ- 500000 FACILITY NO. : COG-5 00074 ' I ` CDPS GENERAL PERMIT W8t6 Ct1 '►"4'k "i"'°eFOR SAND AND GRAVEL MINING AND PROCESSING AUTHORIZATION TO DISCHARGE UNDER THE COLORADO DISCHARGE PERMIT SYSTEM In compliance with the provisions of the Colorado Water Quality Control Act (25-8-101 et. seq. , CRS, 1973 as amended) , operations engaged in mining and processing of sand and gravel (including rock and stone used as aggregate) , are authorized to discharge from approved locations throughout the State of Colorado to specified waters of the State. Such discharges shall be in accordance with conditions of this permit. This permit specifically authorizes Varra Companies, Inc. to discharge from facilities identified as Varra Companies, Inc.-Amendment to St. Vrain Creek as of this date This permit and the authorization to discharge shall expire at midnight, September 30, 1987. Signed thi s o!e day of C/c117C6r7 /ygZ CERTIFIED LETTER COLORADO DEPARTMENT OF HEALTH DATE SIGNED ///,/ y EFFECTIVE M hitv r oe�Di ct r y o Wat Quality C " trot Division This facility permit contains 21 pages. A A PART I Page 3 PERMIT NO. : COG-500000 8. At least thirty (30) days prior to the anticipated date of discharge, such information shall be submitted to: Colorado Department of Health U.S. EPA Water Quality Control Division 1860 Lincoln Street 4210 East 11th Avenue Denver, Colorado 80295 Denver , Colorado 80220 Water Management Division Telephone: (303)+320-8333 Permits Section Telephone: (303)+837-4901 The permit issuing authority shall have up to thirty (30) days after receipt of the above information to request additional data and/or deny the authorization for any particular discharge. Upon receipt of additional information the permit issuing authority shall have an additional 30 days to issue or deny authorization for any particular discharge. If the person proposing the discharge does not receive a request for additional information or a notification of denial from the permit issuing authority within the specified time frame, authorization to discharge in accordance with the conditions of the permit shall be deemed granted. If the permit issuing authority determines that the operation does not fall under the authority of the general permit, then the information received will be treated as an individual permit, discharge is not allowed until 180 days after the application has been received. 9. Authorization to discharge under this general permit shall expire on September 30, 1987. The Division must evaluate this general permit once every five (5) years and must also recertify the applicant 's authority to discharge under the general permit, at such time. Therefore, a permittee desiring continued coverage under the general permit must re-apply by April 1, 1987. The Division will determine if the applicant continues to operate under terms of the general permit. PART I Page 4 PERMIT NO. : COG-500000 B. EFFLUENT LIMITATIONS AND CONDITIONS 1. There shall be no discharge of sanitary waste waters from toilets or related facilities. 2. There shall be no discharge of floating solids or visible foam in other than trace amounts. 3. No chemicals are to be added to the discharge unless permission for the use of a specific chemical is granted by the permit issuing authority. In granting the use of such chemicals, additional limitations and monitoring requirements may be imposed. The use of lime or aluminum salts to promote flocculation and settling of solids will not be subject to prior approval. 4. The concentration of Oil and Grease in any single sample shall not exceed 10 mg/1 nor shall there be any visible sheen in the discharge. 5. The pH of discharged waters shall not be less than 6.5 nor more than 9.0 units. 6. Total Suspended Solids: The concentration of Total Suspended Solids shall not exceed the following: 30 day Average Grab Sample Limitation a/ 7 day Average b/ Limitation c/ 30 mg/1 45/mg/1 60 mg/1 a/ This limitation shall be determined by the arithmetic mean of three (3) consecutive samples (grab or composite) taken in separate weeks in a 30 consecutive day period. (Minimum of three (3) samples.) b/ This limitation shall be determined by the arithmetic mean of three (3) consecutive samples (grab or composite) taken on separate days in a seven (7) consecutive day period. (Minimum of three (3) samples.) c/ This limitation shall be determined by a single properly preserved grab sample. A "grab" sample, for monitoring requirements, is defined as a single "dip and take" sample collected at a representative point in the discharge stream. PART I Page 5 PERMIT NO. : COG-500000 B. EFFLUENT LIMITATIONS AND CONDITIONS (cont 'd.) 7. If the wastewater treatment system is designed and operated to contain and treat all waste waters (including storm water runoff from disturbed areas) equivalent to that generated by a 10-year, 24-hour storm event, overflows from the treatment system which are directly resultant from a storm of intensity greater than the 10-year, 24-hour level (as measured by the nearest U.S. Weather Service Station) would not be subject to limitations contained in Part I B 5. ,6. ,7. 8. Bulk storage structures for petroleum products and other chemicals shall have adequate protection so as to prevent any reasonable loss of the material from entering discharged waters or waters of the State. 9. Monitoring Requirements In order to obtain an indication of the probable compliance or noncompliance with the effluent limitations specified in Part I, the permittee shall monitor all effluent parameters at the following required frequencies. Effluent Parameter Measurement Frequency d/ e/ Sample Type f/ Flow (mgd) Weekly Instantaneous Total Suspended Solids Monthly Grab Oil and Grease L/ Weekly Visual or Grab pH Monthly Grab Salinity h/ Quarterly Grab Self-monitoring samples taken in compliance with the monitoring requirements specified above shall be taken at the point of discharge prior to entering waters of the State. d/ Monitoring is required only during periods of discharge. If "no discharge" occurs, this shall be reported at the specified frequency. (See Part C.) e/ When the measurement frequency indicated is quarterly, the samples shall be collected during March, June, September, and December if a continual discharge occurs. If the discharge is intermittant, then samples shall be collected during the period that discharge occurs. f/ See definitions, Part C. £/ Should a visible sheen of oil be observed a sample shall be collected and analyzed plus immediate action shall be taken to correct the problem. IF PART I Page 6 PERMIT NO. : COG-500000 B. EFFLUENT LIMITATIONS AND CONDITIONS (cont 'd.) h/ Salinity monitoring is only required for facilities discharging in the Colorado River Basin. Salinity shall be measured as Total Dissolved Solids (TDS) or electrical conductivity where a satisfactory correlation with TDS has been established based upon a minimum of five (5) samples. L • PART I Page 7 PERMIT NO. : COG-500000 C. MONITORING AND REPORTING 1. Representative Sampling Samples and measurements taken as required herein shall be representative of the volume and nature of the monitored discharge. 2. Reporting Monitoring results for each one year period are due, beginning October 28, 1982 or upon termination of discharge. The results shall be summarized and reported on applicable discharge monitoring report forms (EPA Form 3320-1) , postmarked no later than the due date. If no discharge occurs during the reporting period "No Discharge" shall be reported. The report submitted at termination of discharge shall be marked as a "final" report. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the Regional Administrator and the State at the following addresses: Colorado Department of Health U.S. Environmental Protection Agency Water Quality Control Division Compliance Branch, Water Monitor. & Enforce. Section Management Division 4210 East 11th Avenue 1860 Lincoln Street, Suite 103 Denver, Colorado 80220 Denver, Colorado 80295 Attn: Enforcement-Permit Program Failure to submit the reports shall constitute a violation of the permit and may constitute grounds for revocation of the permittee's authority to discharge under the permit . 3. Definitions a. A "composite" sample, for monitoring requirements, is defined as a minimum of four (4) grab samples collected at equally spaced two (2) hour intervals and proportioned according to flow. b. A "grab" sample, for monitoring requirements, is defined as a single "dip and take" sample collected at a representative point in the discharge stream. c. An "instantaneous" measurement, for monitoring requirements, is defined as a single reading, observation, or measurement. d. A "continuous" measurement, for flow monitoring requirements, is defined as using an automatic recording device to continually measure flow. PART I Page 8 PERMIT NO. : COG-500000 C. MONITORING AND REPORTING (cont'd.) • e. A "visual" observation, for oil and grease monitoring requirements, is defined as observing the discharge to check for the presence of a visible sheen or floating oil. If either of these is present, a grab sample shall be taken and analyzed, and corrective measures taken immediately to correct the situation. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to regulations published pursuant to Section 304 (h) of the Clean Water Act, and Colorado State Effluent Limitations (10.1.5) , under which such procedures may be required. 5. Recording of Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The exact place, date, and time of sampling; b. The dates the analyses were performed; c. The person(s) who performed the sampling; d. The person(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of all required analyses. 6. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified. 7. Additional Monitoring by Permittee If the permittee monitors any pollutant at the location(s) designated herein more frequently than required by this permit, using approved analytical methods as specified above, the results of such monitoring shall be included in the calculation and reporting of the values required in the Discharge Monitoring Report Form (EPA No. 3320-1) , or other forms as required by the Division. Such increased frequency shall also be indicated. PART I Page 9 PERMIT NO. : COG-500000 8. Records Retention All records and information resulting from the monitoring activities required by this permit including all records of analyses performed and calibration and maintenance of instrumentation and recordings from continuous monitoring instrumentation shall be retained for a minimum of three (3) years, or longer if requested by the Regional Administrator or the State Water Quality Control Division. 1 PART II Page 10 Permit No. : COG-500000 A. MANAGEMENT REQUIREMENTS 1. Change in Discharge All discharges authorized herein shall be consistent with hhe terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. Any anticipated change in discharge location, facility expansions, production increases, or process modifications which will result in new, different, or increased discharges piflsuchts must changesbwillpnoted by submission of a new CDPS application or, in this permit, by notice violate the effluent limitations specified to the State Water Quality Control Division of such changes. Process modifications include, but are not limited to, the introduction of any new pollutant not previously identified in the permit, or any other modifications which may result in a discharge of a quantity or quality different from that which was applied for. Following such notice, the permit may be modified to specify and limit any pollutants not ,previously limited. 2. Noncompliance (A) Definitions (1) Upset: An exceptional incident in which there is based unintentional and temporary noncompliance with technology- permit effluent limitations , becauseof factors beyond the reasonable control of (2) Bypass: The intentional diversion of waste streams from any portion of a treatment facility. (3) Severe Property Damage: Substantial physical damage to property, to the treatment facilities to cause them to become inoperable, or substantial and eermanent teloss of d to occur t inr alhe resources which can reasonably absence of a bypass. It does not mean economic loss caused by delays in production. (B) Notification (1) If , for any reason, the permittee does not comply with or will be unable to comply with any discharge limitations or standards specified in this permit, the permittee shall, at a writing to the Water Quality Control Division minimum, submit in information; within five days of and EPA with the following, becoming aware of such condition: f V PART II Page 11 PERMIT NO. : COG-500000 A. MANAGEMENT REQUIREMENTS 2. Noncompliance (cont'd.) (B) Notification a) A description of the discharge and cause of noncompliance b) The period of noncompliance, including exact dates and times and/or the anticipated time when the discharge will return to compliance; and c) Steps being taken to reduce, eliminate, and prevent recurrence of the noncomplying discharge. (2) The following instances of noncompliance shall be reported orally within 24 hours from the time the permittee becomes aware of the circumstances, and a written report mailed within five days of the time the permittee becomes aware of the circumstances: a) Any instance of noncompliance which may endanger health or the environment; b) Any unanticipated bypass which exceeds any effluent limitation in the permit; c) Any upset which exceeds any effluent limitation in the permit (See Fed. Reg. Vol. 45, No. 98, 122.60 (h) for upset conditions) ; d) Daily maximum violations for any toxic pollutants or hazardous substances limited in PART I of this permit. Reports shall be addressed to the Monitoring and Enforcement Section of the Water Quality Control Division, telephone number 320-8333, extension 3231. (3) The permittee shall report all instances of noncompliance not reported in "Notification", paragraph 2-(B)-(2) (above) , at the time discharge monitoring reports are submitted (EPA Form 3320-1) . The reports shall contain the information listed in "Notification", paragraph 2- (B)-(1) (above) . (4) Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or report to the Division, it shall promptly submit such facts or information. L PART II Page 12 PERMIT NO. : COG-500000 A. MANAGEMENT REQUIREMENTS 2. Noncompliance (cont 'd.) (C) Bypass (1) The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. No Division notification is required, and this case is not subject to the requirements in paragraphs 2-(C)-(2) through 2-(C)-(4) , (below) . (2) If the permittee knows in advance of the need for a bypass, it shall submit notice, if possible at least ten days before the date of the bypass, to the Division and the Environmental Protection Agency (EPA) . The bypass shall be subject to Division approval, and limitations imposed by the Division and EPA. (3) For an unanticipated bypass, see the requirements listed in "Notification", paragraph 2-(B)-(2) , (above) . (4) Bypass is prohibited, and the Division may take enforcement action against a permittee for bypass, unless: a) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; b) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if the permittee could have installed adequate backup equipment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance; and c) The permittee submitted notices as required in "Notification" , paragraph 2-(B) (above) . 3. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed of in a manner such as to prevent any pollutant from such materials from entering waters of the State. fif r PART II Page 13 PERMIT NO. : COG-500000 A. MANAGEMENT REQUIREMENTS (cont'd.) 4. Facilities Operation The permittee shall at all times maintain in good working order and operate as efficiently as possible all treatment or control facilities or systems installed or used by the permittee to achieve compliance with the terms and conditions of this permit. 5. Adverse Impact The permittee shall take all reasonable steps to minimize any adverse impact to waters of the State resulting from noncompliance with any effluent limitations specified in this permit, including such accelerated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge. 6. Any discharge to the waters of the State from a point source other than specifically authorized is prohibited. 7. Reduction, Loss, or Failure of Treatment Facility (A) The permittee shall, to the extent necessary to maintain compliance with its permit, control production, or all discharges, or both until the facility is restored or an alternative method of treatment is provided. (B) This provision also applies to power failures, unless an alternative power source sufficient to operate the wastewater control facilities is provided. iI PART II Page 14 PERMIT NO. : COG-500000 B. RESPONSIBILITIES 1. Right of Entry The permittee shall allow the Director of the State Water Quality Control Division, the EPA Regional Administrator, and/or their authorized representative, upon the presentation of credentials: (A) To enter upon the permittee's premises where a regulated facility or activity is located or in which any records are required to be kept under the terms and conditions of this permit; (B) At reasonable times to have access to and copy any records required to be kept under the terms and conditions of this permit and to inspect any monitoring equipment or monitoring method required in the permit; and (C) To enter upon the permittee's premises to reasonably investigate any actual, suspected, or potential source of water pollution, or any violation of the Colorado Water Quality Control Act. The investigation may include, but is not limited to, the following: sampling of any discharge and/or process waters, the taking of photographs, interviewing of any persons having any knowledge related to the discharge permit, or alleged violation, and access to any and all facilities or areas within the permittee's premises that may have any affect on the dischage, permit, or alleged violation. 2. Duty to Provide Information The permittee shall furnish to the Division, within a reasonable time, any information which the Division may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit, or to determine compliance with this permit. 3. Transfer of Ownership or Control In the event of any change in control or ownership of facilities from which the authorized discharges emanate, the permittee shall notify the succeeding owner or controller of the existence of this permit by letter, a copy of which shall be forwarded to the Regional Administrator and the State Water Quality Control Division. PART II Page 15 PERMIT NO. : COG-500000 B. RESPONSIBILITIES (cont 'd.) 4. Availability of Reports Except for data determined to be confidential under Section 308 of the Clean Water Act and Regulations for the State Discharge Permit System 6.1.8, all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the State Water Quality Control Division and the Regional Administrator. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in Section 309 of the Act, and Section 25-8-610 C.R.S. 1973 as amended. 5. Permit Modification After notice and opportunity for a hearing, the authority of a permittee to operate under this permit may be modified, suspended, or revoked in whole or in part during its term for cause including, but not limited to, the following: (A) Violation of any terms or conditions of this permit; (B) Obtaining this permit by misrepresentation or failure to disclose fully all relevant facts; (C) A change in any condition which results in a temporary or permanent reduction, elimination, addition or increase of the permitted discharge. (D) Changes in Water Quality Standards, control regulation or duly promulgated plans would qualify as "a change in any condition. "; (E) This permit shall be modified, or alternatively, revoked and reissued, to comply with any applicable effluent standard or limitation issued or approved under sections 301(b) (2) (C) , and (D) , 304 (b) (2) , and 307(a) (2) of the Clean Water Act , if the effluent standard or limitation so issued or approved: (1) Contains different conditions or is otherwised more stringent than any effluent limitation in the permit; or (2) Controls any pollutant not limited in the permit. The permit as modified or reissued under this paragraph shall also contain any other requirements of the Act then applicable. !Alp PART II Page 16 PERMIT NO. : COG-500000 B. RESPONSIBILITIES (cont'd.) 6. Toxic Pollutants Notwithstanding "Permit Modification", paragraph B-5 (above) , if a toxic effluent standard or prohibition (including any schedule of compliance specified in such effluent standard or prohibition) is established under Section 307(a) of the Clean Water Act for a toxic pollutant which is present in the discharge and such standard or prohibition is more stringent than any limitation for such pollutant in this permit, this permit shall be revised or modified in accordance with the toxic effluent standard or prohibition and the permittee so notified. 7. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (A-2-(C)) and "Reduction, Loss, or Failure of Treatment Facility" , (A-7) , nothing in this permit shall be construed to relieve the permittee from civil or criminal penalties for noncompliance. (See Fed. Reg. Vol. 45, No. 98, 122. 60) . 8. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject under Section 311 of the Clean Water Act. 9. State Laws Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties established pursuant to any applicable State law or regulation under authority preserved by Section 510 of the Clean Water Act. 10. Permit Violations Failure to comply with any terms and/or conditions of this permit shall be a violation of this permit. 11. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. PART II Page 17 PERMIT NO. : COG-500000 B. RESPONSIBILITIES (cont'd.) .) 12. Severability The provisions of this permit are severable, and if any provisions of this permit, or the application of any provision of this permit to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this permit shall not be affected thereby. 13. At the request of a permittee, the Division may modify or terminate a permit and issue a new permit if the following conditions are met: (A) The Regional Administrator has been notified of the proposed modification or termination, and does not object in writing within thirty (30) days of receipt of notification; and (B) The Division finds that the permittee has shown reasonable grounds consistent with the Federal and State statutes, and regulations for such modification or termination; and (C) Requirements of public notice have been met. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition. 14. It shall not be a defense for a permittee in an enforcement action that it would be necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. 15. Signatory Requirement All applications, reports, or information submitted to the Division shall be signed and certified. 16. Requiring an Individual CDPS Permit The Director may require any owner or operator covered under this permit to apply for and obtain an individual CDPS permit if: a. The discharger is not in compliance with the conditions of this General Permit; or, b. Conditions or standards have changed so that the discharge no longer qualifies for a General Permit. 3 t PART II Page 18 PERMIT NO. : COG-500000 B. RESPONSIBILITIES (cont'd.) 16. Requiring an Individual CDPS Permit (cont'd. ) c. Data becomes available which indicates water quality standards may be violated. The owner or operator must be notified in writing that an application for an individual CDPS permit is required. When an individual CDPS permit is issued to an owner or operator otherwise covered under this General Permit, the applicability of the General Permit to that owner or operator is automatically terminated upon the effective date of the individual CDPS permit. 17. Requesting an Individual CDPS Permit Any owner or operator covered by this General Permit may request to be excluded from the coverage by applying for an individual CDPS Permit . 18. Requesting Coverage Under the General Permit The owner or operator of a facility excluded from coverage by this General Permit solely because that facility already has an individual permit may request that the individual permit be revoked and that the facility be covered by this General Permit. Such request shall be evaluated by the Division per criterion specified in Part I of this permit. A PART III Page 19 PERMIT NO. : COG-500000 C. GENERAL REQUIREMENTS 1. Application For Renewal of Discharge Authority The permittee shall not discharge after the expiration date of this permit without authorization. In order to receive authorization to discharge after the expiration date, the permittee shall, no later than 180 days prior to the expiration date of this permit, submit a new permit application as required by the permit issuing authority. 2. Designation of Responsible Person to Report Within sixty (60) days of receipt of authorization to discharge under this permit, the permittee shall file a statement with the Environmental Protection Agency and the State Water Quality Control Division which shall contain the names of the person or persons who are designated to report conditions as noted in "Noncompliance" , Part II, Section A, Paragraph 2, and as referenced in "Oil and Hazardous Substance Liability", PART II, Section B, Paragraph E. The permittee shall continually update this list as changes occur at the facility. 3. Flow Measuring Within three (3) months after receipt of authorization to discharge under this permit, either a flow—measuring device shall be installed at all discharge points, or the permittee shall have requested and received from the Monitoring and Enforcement section, permission to use an alternative method for determining flows at all discharge points. At the request of the Regional Administrator of the Environmental Protection Agency or the Director of the State Water Quality Control Division or their authorized representatives, the permittee must be able to show proof of the accuracy of any flow—measuring device used in obtaining data submitted in the monitoring report. The flow—measuring device must indicate values within ten (10) percent of the actual flow being discharged from the facility. 4. Discharge Effluent Sampling Discharge points shall be so designed or modified that a sample of the effluent can be obtained at a point after the final treatment process and prior to discharge to state waters. PART III Page 20 PERMIT NO. : COG-500000 Permit Fees (cont 'd.) 5. Permit Fees The permittee is required to submit fees as set forth in Section 25-8-502 C.R.S. 1973 as amended, and permit regulations 6.16.1 (5) and 6.16.2. Failure to submit the required fee is a violation of this permit and will result in the suspension of said permit and enforcement action pursuant to Section 25-8-601 et. sec. , 1973 as amended. Two types of permit fees shall be assessed by the Division: a) application processing and discharge authority certification fees assessed for the initial application, subsequent renewal applications, or request to terminate the permit; b) annual fee each state fiscal year for the administration of the permit. The permit fee rates or amounts shall be assessed by the Division in accordance with those approved by the Water Quality Control Commission as required by law. 6. Permit Termination Upon final termination of all discharges to state waters, the permittee may request in writing to the Division that the permit be terminated. Upon verification by the Division that a discharge no longer exists and that a permit is no longer required, the permit can be inactivated by the Division with written notification to the permittee. Until such time that the Division inactivates the permittee's responsibility under the general permit, the permittee is required to pay permit fees as referenced in 6.16.1 and 6.16.2 of the permit regulations. The permittee must request the termination from the Division 90 days prior to the desired date of termination. ( Once the raw material is extracted, the methods of processing are similar for all sand and gravel operations in Colorado. Generally, process operations include sand and gravel separation, screening, crushing, sizing, and stockpiling. Washing of the aggregate generates additional waste waters. In most cases, where practiced, mine pumpout wastewater contributes the largest volume of generated wastewater. Incidental water uses may include non-contact cooling water for crusher bearings and water for dust suppression. This latter water either remains with the product or evaporates. Coverage Under This Permit Under this general permit, owners and operators of sand and gravel (including rock and stone used as aggregate) excavation and processing operations may be granted authorization to discharge treated process generated wastewaters into waters of the State of Colorado. Process generated wastewaters include the following: 1. wash waters: ?. transport waters; 3. scrubber waters (crusher or classifiers) ; 4. mine dewatering (groundwater and/or runoff); and, 5. other process waters as determined by the Director; This permit does not constitute authorization under the provisions of 33 U.S.C. 1344 (Section 404 of the Clean Water Act) , of any stream dredging or filling operations. Authorization under the permit shall require prior submittal of certain facility information. Upon receipt of all the required information, the permit issuing authority may allow or disallow coverage under the general permit. The following list shows the criteria under which an individual permit may be required instead of a general permit. 1. Proximity of the operation to a landfill or mine and mill tailings; 2. Evidence of non-compliance under a previous permit for the operation; 3. Presence of downstream drinking water intakes; 4. Preservation of high quality water; 5. Production of effluent at the facility not covered under 1 through 5 above under process waters. 6. Addition of flocculants (settling agents or chemical additives) to water prior to discharge. 7. The use of land application as a means of discharge. - 2 - ( 40 Duration of This Permit This general permit is issued for a period of approximately 5 years. The permittee's authority to discharge under this permit is approved until the expiration date of the general permit. Application For Renewal of Authority Under This Permit 180 days prior to the expiration of this general permit, the permittee must submit a renewal application for authority to continue the discharge. Prior to the expiration of this permit, each permittee under the permit must submit an application so that the Division can determine whether the discharge and operations still comply with the terms of the permit, or an individual permit should be written and issued. Regardless of when a permit applicant applied for and received certification under this general permit , he must re-apply for continued authority prior to the permit expiration date. Permit Rationale The owner, operator and/or authorized agent for a facility shall submit an application as provided by the Water Quality Control Division. This application will be evaluated utilizing the criteria outlined previously. If the general permit is applicable to the applicant 's operation, then a rationale will be developed and the applicant will be certified under the general permit. The rationale shall include the name and address of the contact person, a discussion of compliance under the previous permit, if applicable, the receiving water for the discharge, number of discharge points, a determination of the need for salinity monitoring and the expiration date of the general permit certification for the specific facility. If after evaluation of the application, it is found that the general permit is not applicable to the operation, then the application will be processed as an individual permit. For an individual permit, 180 days will be required to process the application and issue the permit. In this case discharge cannot take place until the permit is issued and becomes effective. The general permit itself will contain the effluent limitations and the monitoring requirements for the permitted discharge points. The following text details the rationale for the conditions of the general permit. Effluent Limitations The following table presents a comparison of effluent limitations based upon Best Practicable Control Technology (BPT) 40 CFR 436 Subparts B and C, State Effluent Standards (SES) and Water Quality Standards (WQS) : BPT SES WQS Total Suspended Solids, mg/1 - 30/45 Oil and Grease, mg/1 - 10 pH, s.u. 6.0-9.0 Salinity - 6.0-9.0 6.5-9.0 - 3 - ( i Total Suspended Solids (TSS) BPT guidelines previously contained limitations of 25/45 mg/1 for the 30 day average and daily maximum respectively. However, these limitations have been remanded and presently no technology based limitations exist. Numerous permits have been written with the 25/45 limitations and compliance with the limitations has not been a problem. In most cases settling alone is sufficient to provide compliance, although the practice of adding settling agents is also practiced and has proven to be very successful, yet economical. The SES limitation is specified in 10.1.4, the 30/45 as the 30 day average and 7 day average respectively. As previously discussed a well run operation should have little problems complying with these limitations, however the enforcement cost to the state can be significant in obtaining 3 samples in 7 days or 30 days, which is necessary to demonstrate a violation. Therefore, a 60 mg/1 limitation as a daily maximum will also be required. The monitoring frequency for TSS shall be monthly. This is adequate to protect water quality as properly run operations should have no problem in complying with the limitation. Oil and Grease The state effluent standard of 10 mg/1 is applicable to all discharges into state waters unless superceded by a technology based limitation. Compliance with this limitation is normally demonstrated by a visual inspection of the discharge for an oil sheen. Conditions of noncompliance have been very infrequent, and should problems occur they will very likely be the result of poor operation or vandalism. The monitoring frequency for this parameter in the permit will be weekly and a visual analysis will be sufficient. Such a frequency is warranted as a check on operating conditions. The pH range of 6.5-9.0 for WQS, is the effluent limitation appropriate for this permit. Though some stream segments in the state have a WQS of 6.0-9.0, a sufficient number of streams have the more stringent limitation of 6.5-9.0 thus warranting imposition of this limitation. Waters normally encountered in sand and gravel operations are at a pH of 7.0-8.0, this is substantiated by data submitted in self monitoring reports for existing permits. Natural groundwaters in a few locations in the state will not be within these limits and a facility at such a location will very likely be considered an abnormal operation and therefore required to obtain an individual permit. The monitoring frequency will be monthly for pH, the basis being to track potential impacts of internal or external activities. An example of an external activity of concern is a landfill, of which many exist in the area of mining activities around the large municipalities. It is felt that the impacts of such activities would be detected with monthly monitoring. Such monitoring is not excessive as a quality pH meter can be obtained for under $100 and calibration plus monitoring can be accomplished in less than 10 minutes. - 4 - Salinity Regulation 3.10.0, Regulations for Implementation of the Colorado River Salinity Standards Through the Colorado Discharge Permit Program, addresses the discharge of salinity to the Colorado River Basin. It is a requirement of the regulation that the salinity of each discharge in the Colorado River Basin be evaluated for impact on the system. Generally, the net impact on salinity to the basin from the sand and gravel production is negligible because the waters are typically shallow groundwaters which eventually reach the river. Nonetheless, the state reserves the right to refuse the applicability under the general discharge permit of any sand and gravel operation, if it appears that the discharge will not be consistent with regulations. Additionally, quarterly monitoring for salinity will be a permit requirement for all facilities located in the Colorado River Basin. Should the data identify a problem the state will have the right to require the facility to obtain an individual permit, whereby a study addressing the economic feasibility of salt removal can be required. Spill Prevention As most facilities provide bulk storage of some volume of petroleum products or other chemicals, the permit will require adequate protection of such facilities so as to prevent loss of these materials into discharged waters. Such protection can take various forms, however diking in most cases will prove to be the most cost effective. This provision is required as the Division interprets proper operation, as properly addressing potential pollutant sources before problems occur. Settling Agents Because of the wide variety of available chemical flocculants, the use of such settling aids must be subject to prior approval by the permitting authority. However, since lime and alum are the most frequently used aids for settling and typically their use results in no significant effect on other pollutant parameters, permission for such use will not be required. No specific limitations on the approved flocculant agents has historically been necessary to assure their proper use. If over application of a flocculant appears to be a problem, revocation of the general permit discharge authority may be warranted. — 5 — A- t • Runoff BPT as specified in 40 CFR 436 Subparts B and C provides that any overflow from facilities designed, constructed and maintained to contain or treat the volume of wastewater which would result from a 10 year 24—hour precipitation event shall not be subject to technology based effluent limitations. However, limitations imposed in this permit are not technology based effluent limitations and thus this provision does not apply. Additionally, 10.1.3 (1) exempts storm runoff waters from application of SES. These facts tend to create an enforcement problem and potentially allow degradation of water quality. Therefore, after consideration of the facts, the permit will contain the runoff provision as specified in 40 CFR 436, even though the permit effluent limitations are not technology based. This approach will be in general agreement with federal requirements and should present no special problems for facilities as most facilities will have sizeable retention areas within the pits. Reporting Reports will be required both annually and in cases of noncompliance with permit conditions. The permittee will, however, be required to maintain its records for a period of three (3) years. Such records will be subject to inspection by the State of Colorado and/or EPA. Marshall Fischer - EPA Region VIII Robert Shukle - Colorado Dept. of Health — 6 — NOTICE :_' [ _____ Weld to. P(dntioak i;osatossEco. 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 Special Use Permit are requested to attend and ray be heard. Should the applicant or any interested party desire the presence of a certified court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office can be contacted for a list of certified court reporters in the area. If a court reporter is obtained, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. 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. 85-49 Varra Companies, Inc. c/o Gilbert F. Rindahl 2305 South Syracuse Way, #217 Denver, Colorado 80231 DATE: July 17, 1985 TIME: 2:00 P.M. REQUEST: Amend Special Use Permit to include 155 acres in a wet, open-cut sand and gravel mining operation LEGAL DESCRIPTION: Part of the NEi, Section 31, Township 3 North, Range 67 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: July 1, 1985 PUBLISHED: July 3, 1985, in the Johnstown Breeze SIGN POSTING CERTIFICATE I HEREBY CERTIFY UNDER THE PENALTIES OF PERJURY THAT THE SIGN PROVIDED BY THE DEPARTMENT OF PLANNING SERVICES WAS POSTED ON THE PROPERTY AT LEAST TEN (10) DAYS PRECEDING THE PLANNING COMMISSION/BOARD OF COUNTY COMMISSIONER' S HEARING FOR CASE 7 85-49 THE SIGN WAS POSTED BY: NAME OFIPERSON POSTING SIGN / f? / C SIGNATURE OF APPLICANT STATE CF COLORADO) COUNTY OF WELD ) l SUBSCRIBED AND SWORN TO BEFORE ME THIS BAY 19 . 'r SEt L NOTARY PUBLIC MY COMMISSION EXPIRES / 7 LAST DAY TO POST SIGN IS : July 7th, 1985 AFFIDAVIT OF PUBLICATION THE JOHNSTOWN BREEZE STATE OF COLORADO ) ss COUNTY OF WELD ) I, Clyde Briggs, do solemnly swear that I am publisher of The Johnstown Breeze; that the same is a weekly newspaper printed, in whole or in part, and published NOTICE PF PUBLIC in the County of Weld, State of Colorado, The HEARING and has a general circulation therein; that Weld County planning o mission wilt conduct a said newspaper has been published 1985 er °3pTuesday, June continuously and uninterruptedly in said request for p.m. to review a' County of Weld for a period of more than Amended approval of include 155 acres iUa Permit an fifty-two consecutive weeks prior to the cut sand andn wet, operation from Va 9aavelminingopen- first publication of the annexed legal notice Inc.on a i or advertisement; that said newspaper has aR Ft. N eidoflSection 31, T3N, Rs�W weld Count been admitted to the United States mails as conless, 55 155 acres, moore do, p second-class matter under the rovisions of or the Act of March 3, 1879, or any by the public nearing to be held amendments thereof, and that said Commission tdfoCounty Planning ton of the newspaper is a weekly newspaper duly above t considera- reeldest will be bove referenced qualified for publishing legal notices and Hearing` ° ntv advertisements within the meaning of the County Room F.Commissioners'rst Floor, Weld Tenth Stre rttenniat Center, 975 laws of the State of Colorado. Comments Greeley, Colorado_ That the annexed legal notice or advertise- to the aboverrobtections related ment was published in the regular and submitted i equest should be County DepaOme�9 to the Weld entire issue of every number of said weekly Services, of Planning newspaper for the period of ..1... consecu- Room 91 Tnth 80631, betGreeley, Cootrado tive insertions; and that the first present edfatethee above date or on June 4 Public hearingpublication of said notice was in the issue of 1985. y . Copies said newspaper date(1/, Al).. 1J- �, available for the .application are publication the public ins and that the last of said notice ServicesParttment of Pechora in was in the issue of said newspaper dated County Ptannin Tenth Cetten al Center,ges , A.D. 19 Phone Stye t reeley.Center In witness whereof I have hf.�reunto set 4000,' Extension my hand this </ day of ,./4‘--- --- Robert E. Eh li rch, Chairman Weld County A.D. 19 `:' Planning Commission �f/A To�w be B eezzeshed • ein the Johns- To .. be Publisher May 16 ub1985 ishd one f1) time by Subscribed and sworn to before me, a Notary Public in and for the County of Weld, State of Colorado, this ...T'/... day of �;,:��... A.D. 19.3.:?... / t. „,-171/ •/ Notary Public. My commission expi ' res Tt '1LCh n1 FT T -C "'1'.c- We1C Cclnt- f'ialltlil E Corrls:7icr will c6nCI.,9 j'irhlIc 1'ca_fing on mtcsaay, .lure 4. 19t"-: c, l: L p.m. to re`itey l ecit t'ot tor apr,rcV?1 of '1! Fl4dec' Specinl Lse Petm:. ! re 'rrluCc 755 acre.:: :P .r l:'rt, open—cut sand };ravel m ri,n€- c1,errt:or: from VPrrr Thu. on a parcel ae:.cribcc as Pt. M.' ( SeetIer 31 , 'I31` , k6," ?'(+'E' County. Cc'orado, (oI taining ir,c ICT(- , I-C•T( ( I Less. Thc pus-1'i' 14 -1 ;l. , to be L( 1(3 by the We'e ( cnnty inr'r1ri CC IP:: , iun tor the rvnsi deratio ; c: :1 ( ,-. a e referenced r£-c,ver;t will 1-e rr_'nducteC `he ?<<e1 d Con1rnisr;icrer, F.00m, f rst Floor, c1.' County (;PrtFr1—1;, Center , 01r Tentl': Strcet, Greeley, Ccicr(ldo. Col:r(-I•t;= (`'r" +'h,lections reiot£ (9 to the above rc'c:uc`..1 L-houia be sn1IT ti eC r o-iit ng to theWild ('o1`r:,.. -rrsVP I tI'erft of Flooring ,•r_1v (05, 01 '7 7ent1l Street , Poore 34%. C` c—eiey, Coioradc P0631 , l•efcre the above d=te er 1.r .,;-( I Lea at the puh1- c .lure L , O915 . Copies of the applirat o, c ; vailabli for pull linLpection it the rt,FlTfli'eni- OA Prom J4:, C _ ('otJllty Cf?TitE'Ilni£,' r.Tr `rE::t11 St-._€Ft, Creel(Creel(v, Celorac1c . — Phep— -- 1-KtrrIon L/N . )chert I . Fhrife ., Chairn:ar tvel-d (,runty Fh trr irg Can,mI-i Icr 'to Le ir. the John. trt.,. Freeze To he prhlisb(c en(- '1) time 1-'> May 16, 1<f5 r(ceiyed by: F<- :e: '2 1,c f' , , . oe Number : Amen( <<I'T'--`4R:P`' Therf will be n rubl i c Near`r g before the 1.'el d Can: T fanning Commi ooi c,n ( T, "'uesd?v, Tune L, 19F35, at 1 :3(C p.m. ~r the County C(rr'.„ 4(rrn-' PearinE Loom, First Floor , F"c"c Cc i my ('ci tcr, 91; 1C:t:b. Ftreet ; Ca ( ciev, C'ol oneec concerning t',(> r&'cflen.t of: 1c1, 12: ',„arra Comnani es, Tr, , T Ok: An AP;en('e(l Ls '_ Perr+7 t to 'T1 - 1,C, f acres n P G'et , open-cut Fore ano grave' 1';`r,. r nrer�tion. Il'CP1. 1 F'`.( .PliON: r^rt C'( tl. r Ee t of ?J 1-11v, P67, i{ the 6L'1 Wel% County, Cel cr'E110. T OC'h 01 : Apprcr-Amntel v [( r 11(c': north of 1-",reFt-rne c': Yeic: C(nnt" Poad 17, i-.1 (1 r('i (`1' oc Veld Count`/ I( F(_' ?E. ''our prone t'„, '_ 4.lthin t :,-e-b' rdr-•(11 fj cC) feet oc the prCpell ' (1, which this reque, t l r i en made. For aad'T i„nnl rnforr,ation wilt( Ur telephone Y rh ,e'1 ' . linen, Current I'i< rr 1 C'('r"P"rV I I'1'ARTYILY, (, .}'T./ 1.?::Tr'C, 10th Street -- ?our; ',C.^ (' °c(-1P7. Colorado AO63' f hone: `,6-4CO(l -- I'<-t 'rr;:,ion 44C:t:. Gilbert F. Rindahl,P.E. C.Jay Silvernale Bruce G.Rindahl Rindahl & Associates • 2305 S.Syracuse Way • Suite 217 • Denver,CO 80231 • (3031 696-6 July 12 , 1985 11 JUL 151985 Rod Allison Weld County Planning Department 915 10th Street Weld Co. Planning 4nmlrissipn Greeley, CO 80631 - 0758 RE: Varra Companies, Inc. — Amended SUP — 248 : 85 : 18. Dear Rod, Operator requests permission to mine within 50 feet of Weld County Road 15 at the South East corner of the Permit Area as shown on the Mining Plan Map of the application. The ground will remain undisturbed for 50 feet from the Permit Boundary alongside County Road 15 to the proposed pond location. At this point a 3H: 1V slope will be established and then a 2 : 1 slope to the pond bottom. Refer to the cross-sections on Map 2 of 2. These are typical of how the pond is to be established West of the County Road. These slopes will be established by removing only the necessary amount of materials and grading. Mining will not be vertical at this point or backfilled to establish these slopes. The water table in this area is extremely high. The site will be dewatered before mining commences. This may be beneficial to the County Road if it becomes excessively wet during periods of the year. Water should be contained within the pond once it is established. Seepage toward the County Road is not expected to occur. The Engineering Department instructed us to forward this letter to you and then you will forward it to them for their review. Please contact us regarding your response and if you have any questions. Thank you, RINDAHL & ASSOCIATES Heidi Hirsh EXHIBIT Director of Natural Resources �-- Li File No. 85-0304 8 HH/jk •< <� T Engineering& Environmental Services co . a A r PART I Page 2 PERMIT NO. : COG-500000 A. COVERAGE UNDER THIS PERMIT 1) Under this general permit, facilities engaged in the mining and processing of sand and gravel (including rock or stone used as aggregate) may be granted authorization to discharge treated process generated waste waters into waters of the state of Colorado. For purposes of this permit, process generated waste waters includes: 1. wash waters; 2. transport waters; 3. scrubber waters (crushers or classifier) ; 4. mine dewatering (groundwater and/or runoff) ; and 5. other process water as determined by the permit issuing authority. 2) This permit does not constitute authorization under 33 U.S.C. 1344 (Section 404 of the Clean Water Act) of any stream dredging or filling operations. In order to be considered eligible for authorization to discharge under the terms and conditions of this permit, the owner, operator, and/or authorized agent of any facility desiring to discharge must submit, by certified letter, the discharge application form, available from the Water Quality Control Division, which generally requires the following information: 1. Name, address, and descriptive location of the facility; 2. Name of principal in charge of operation of the facility; 3. Name of water receiving the discharge; 4. Description of the type of activity resulting in the discharge including the anticipated duration of activity and/or the discharge, anticipated volume, and rate of discharge, and the source of water which is to be discharged; 5. Description of any waste water treatment system and recycle/reuse utilized; and, 6. A map or schematic diagram showing the general area and/or routing of the activity. 7. Analysis of the water to be discharged. Oil 4111 y • SENDER: Complete items 1,2,3 and 4. Cl' SENDER: Complete items 1,2,3 and 4. m g Put your address in the"RETURN TO"space on the — 2, Put your address in the"RETURN TO"space on the 3 reverse side. Failure to do this will prevent this card from 3 reverse side. Failure to do this will prevent this card from Cl being returned to you.The return receipt fee will provide CO being returned to you.The return receipt fee will provide -. you the name of the person delivered to and the date of W you the name of the person delivered to and the date of delivery. For additional fees the following services are -' delivery. For additional fees the following services are c avails le.Consult postmaster for fees and check box(es) available. Consult postmaster for fees and check box(es) .L for s rvice(s) requested. ZC for serv' e(s) requested. CD O3 1. Show to whom,date and address of delivery. 'a 1. Show to whom,date and address of delivery. W w . A 2. ❑ Restricted Delivery. A 2. ❑ Restricted Delivery. V K OD — W __. 01 ' 61 3. Joseph F. Timko, Jr. Gilbert P. Acord Judith Timko r 7541 WCR 26 3/4 " Longmont, CO 80501 7095 WCR 26 3/4 Longmont, CO 80501 rT , ., 4. Type of Service: Article Number 4 Type of Service: I:•Article Number �,� (� Registered O Insured 1 ) 3 :;`� ❑�+Registered O Insured i till Certified ❑ COD /�/ — d Certified O COD J (//^ ' ❑ Express Mail Gf/ "! _1 ' Express Mail '; L•...- " Always obtain signature of addressee or agent and•-,---4Always obtain signature of addressee o gent d DATE DELIVERED. `'; DATE DELIVERED. O 5. Signature—Addressee v 5. Signature-Addre ' 6-'' X d ..../d ,"' m X �i�a�� q 6. Signature-Agent 0 6. Signature-Agen I -I -4 5 X 5 X 30 7. Date of Delivery 1 7. Date of Delivery m m C C Zan 8. Addressee's Address(ONLY if requested d fee paid) z 8. Addressee's Address(ONLY if requested and fee paid) xi m m a 0o i m m ZO 70 - -4 '5i co I • SENDER: Complete items 1,2,3 and 4. SENDER: Complete items 1,2,3 and 4. 71 Ti 0 Put your address in the"RETURN TO"space on the o Put your address in the"RETURN TO"space on the 3 reverse side. Failure to do this will prevent this card from 3 reverse side. Failure to do this will prevent this card from W being returned to you.The return receipt fee will provide being returned to you.The return receipt fee will provide W you the name of the person delivered to and the date of you the name of the person delivered to and the date of -' delivery. For additional fees the following services are • delivery. For additional fees the following services are '" available onsult postmaster for fees and check box(es) c available. Consult postmaster for fees and check box(es) C .:(- for ser ce(5) requested. � for service(s)�` requested. RI / co 1. Show to whom,date and address of delivery. W1. •-» Show to whom,date and address of delivery. W ' t 2. ❑ Restricted Delivery. V 2. El Restricted Delivery. V 63 _ CO — ` al., 3 Harold E. & LaVerna Nelson . Gilbert F. Rig?dahl 11955 WCR 15 2305 S. Syracuse Way-Suite 217 Longmont, CO 80501 ''' Denver, CO 80231 . ' 4. Type of Service: Article Number 4. Type of Service: it Article Number C NJ ❑ egistered O Insured Registered O Insured ✓,-/ / r� ertified O COD ✓— )( f Certified ❑ COD �* /r i y �- ��✓ ) _ Express Mail / Express Mail 7 ✓ s . Always obtain signature of addressee or agent and •.„ Always obtain signature of addressee or agent and �a DATE DELIVERED. DATE DELIVERED. -4, O 5. Signatu l"ddresse !'/ 0 5. Si attire—Addressee Vr 4 O �l.�-_ m X �� y 6. Si at re Agent 1 os 6. Signaj e—Agent =' g S86i `� i 5 X n X 1 1 i m 7. Date of Delivery 7. Date of Delivery ip m j -- m .. SiJ i 'T 'r' i� s C - ,i. Z 8. Addressee's Address(ONLY if requested and fee paid) ., Z 8. Ad2ee's Address(ONLY if requested and paid)_.. * z m m O C) m m vt e r -I O Gilbert F. Rindahl 2305 S. Syracuse Way, #217 Harold E. Denver, CO 80231 11955 &� LaVerna Nelson WCR 1 > Longmont, CO 80501 Pf U79 ,� Joseph F. Timko, Jr. Judith Timko 7095 WCR 26 3/4 Longmont, CO 80501 Gilbert P. Acord 7541 WCR 26 3/4 Longmont, CO 80501 a y 4 I lalb 4110 1 E-°'p ;n o'>c m d \� a 0 o m x RI N �, - p H a, > Y > G -\ `1 2 (fit �,�S M 8 Oga)a 0 y7El1 a k co • , Z_ \\vim O� CC- ` > 41 W r- w - '� ] 3o a) o -o V v D. ffim .1 cc o.c u°,w a v > ��-I -g ND y m rJ `\ d m °I- mmE-o ≥ QpOO cv m N ° oocNm E a �1U c --�m a � C m Tt•w.,co- .c O d ❑❑ CW y 0, I '°O E u o d rr wcEo °a 3 0 1" -,-I ( d m ro VD I,) QD-p 4 cLL • u = m l0 2i. W " m\ d Z N • alcc p . t > Q, N X T W C, °,A�� 'p y >v r >- . ❑ O ri UP 1. �U W .I__ in in O Q I-) Q v • a :.0 ≥-o >m° 0i v DINO :7t0u ri i X , X r PS Form 3811,July 1983 447-845 (/ 7/ °v0/ PJ1'�3/7 DOMESTIC RETURN RECEIPT I, a t'sEa — A ,L, A m 0 .-,L, ,- c, 'O `ti CI v A�ma �� v E o, i .p ac .. A rnD o c) m °' N) m . > o C « 0 N o� • . = Omd 0 m }1 $ O a, C a Q N- d •r".\\� ;,� i c ° E F •N_ m13 ' m in O 17 y m N ,s c 3 a C N y E , i-�-1 U N Q C a 2_, c' 2 a grn •—I m ❑❑ co t m a E c >t N o1 < Q > '0 .95 ≥ Q U d�y .z ., - U � � E N , 2 E> y ` �m O w 7 ,; - Eou, 3 « IO O o a,. H w F o t2 W m c LL t �-I M C� y _• �' 00 m m'�' y zo a m a, • a'`\ N Q CO (N �-I a 'cnaa, a`, 0. >U o, �i o, t w > I 0)',E, '6 up, LJ ❑ N P� !r U W �'_` .'� N Q N d c g_•F Q • d m .0 >v m `o - `ri l r� v ❑'❑ QQ Up vi X co X r- co fl PS Form 3811,July 1983 447-84$.2r7''(�/ "ULV, R2.472/1"I DOMESTIC RETURN RECEIPT E 56' _.. I__________, '--....:_,C) :Es' a, p N X 5. "----....Th 2v p N '5 ,.V Y > 0 ra cs N c v _ i E o, ow, - ° ro mc o O > CO S'; o 0. p≤ C z "*\, ,,_ I Oyi O a, o, 3 t4 2 >=i d `, o n, C ` y g d -3 0 H � °'i °�� z = -0 > O cc•-> m tf1 Q '``V E '' Dz ,_ o 2 2 C) O -c`3 ~ c w c Cl) Y • O L o d . m -01 --8 a O ,°, -o I- E • 13 t O co ?� ° o ac m E ≥ MU U �� d Y m m D ° u' m o W S" ffi m cj I .�� v` - ® a ° • O vl y_o2 .� E Q 9, p c u t a ap m a a, 2 M :°�1. N w � � Q� 4 aom ° Tw o o m a m Q ® 0 >r .- N I- Ct <O LI) X X N ci PS Form 3811,July 1983 447-845 �U '`(1?./(-1-1--i j 7.2C7'/ DOMESTIC RETURN RECEIPT 0 John H. & Lorraine L. Pivonka Eldon & Mary Sue Von Ohlen 17566 WCR 30 9661 WCR 13 Sterling, CO 80751 Longmont, CO 80501 a i ) ._ _ / Varra Companies, Inc. 2130 S. 96th Street Broomfield, CO 80020 Broom i _ -) . / • till L I / , /, A • 4 Hello