HomeMy WebLinkAbout972849.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jack Epple 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 USR-248
APPLICANT: Varra Companies, Inc.
PLANNER: Kerri Keithley
REQUEST: A Site Specific Development Plan and an Amended Special Review Permit for a sand and
gravel mining operation in the A (Agricultural) Zone District.
LEGAL DESCRIPTION: The E2 SE4 of Section 31, T3N, R67W of the 6th P.M., Weld County, Colorado.
LOCATION: West of Weld County Road 15, north of Weld County Road 26.
be continued for a date not to exceed six months, no date established, to give the applicant and the property
owner time to resolve issues with the lease (the right to mine the property).
Rusty Tucker seconded the motion.
VOTE:
For Passage Against Passage
Cristie Nicklas
Fred Walker
Marie Koolstra
Jack Epple
Rusty Tucker
Stephen Mokray
Shirley Camenisch
Arlan Marrs
The Chairperson declared the resolution passed and ordered that a certified copy be placed in the file of this
case.
CERTIFICATION OF COPY
I, Tammie Pope, Recording Secretary for 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 17, 1997.
Dated the 17th of June, 1997.
la/ )t-e)ik.Q I _ Gpe
Tammie Pope
Secretary
Gri284-19
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, June 17, 1997
A regular meeting of the Weld County Planning Commission was held June 17, 1997, in the County
Commissioners' Hearing Room (Room #101), Weld County Centennial Building, 915 10th Street, Greeley,
Colorado. The meeting was called to order by Chairman, Arlan Marrs.
Tape 526
Glenn Vaad
Cristie Nicklas
Fred Walker
Marie Koolstra
Jack Epple
Rusty Tucker
Stephen Mokray
Shirley Camenisch
Arlan Marrs
Absent
Present
Present
Present
Present
Present
Present
Present
Present
Also Present: Monica Daniels -Mika, Director, Todd A. Hodges, Current Planner II, Kerri Keithley, Current
Planner, Shani L. Eastin, Current Planner, Department of Planning Services; Bruce Barker, Weld County
Attorney, Lee Morrison, Assistant Weld County Attorney; Don Carroll, Weld County Public Works; Trevor
Jiricek, Supervisor, Weld County Health Department; Tammie Pope, Secretary.
The summary of the last regular meeting of the Weld County Planning Commission held on June 3, 1997, was
approved as read.
CASE NUMBER: AmUSR-248
PLANNER: Kerri Keithley
APPLICANT: Varra Companies, Inc.
REQUEST: A Site Specific Development Plan and an Amended Special Review Permit for a sand and
gravel mining operation in the A (Agricultural) Zone District.
LEGAL DESCRIPTION: The E2 SE4 of Section 31, T3N, R67W of the 6th P.M., Weld County, Colorado.
LOCATION: West of Weld County Road 15; north of Weld County Road 26.
Kerri Keithley explained that the Department of Planning Services' staff is asking for a continuance because
there is a conflict between the property owner, Harold Nelson, and the applicant, Varra Companies. The
conflict is based upon the legal right to mine the property, and the lease agreement between the owner and
the applicant. Ms. Keithley stated that the Department of Planning Services' staff is recommending that the
Planning Commission establish a time parameter for the continuance, and requests that the continuance be
held within six months of June 17, 1997.
Per Fred Walker's request, Ms. Keithley discussed how the six-month limit was determined. She noted that
because of its proximity to the Mixed Use Development Area, the Department of Planning Services' staff feels
that comments from referral agencies will still be valid in six months, but any longer than that will require
resubmittal of referrals.
Jack Epple asked if Ms. Keithley had a date in mind. Ms. Keithley did not want to set a hearing date until the
issue is resolved, if it is resolved. She noted that as soon as the conflict is resolved between the applicant and
the owner, they can be scheduled for the next Planning Commission Hearing.
Arlan Marrs asked if the applicant was in agreement with a six-month limit on the continuance. Brad Janes,
a professional forester employed by Varra Companies, stated that he would ask the board to consider that an
additional extension of time be granted relative to seeking remedy in the concern between the landowner and
the operator, Varra Companies.
WELD COUNTY PLANNING COMMISSION MINUTES
June 17, 1997
Page 2
Stephen Mokray asked the applicant representative how much progress was made in the last three years. Mr.
Janes stated that the problem only recently surfaced during the notification period. The original delay occurred
concerning the Office of the State Engineer water rights and related affairs.
The Chairman asked if there was anyone in the audience who wished to speak for or against this application.
Harold Nelson, the property owner, discussed the continuance. He noted that that there is a sewer plant
involved, and he does not know how much of the ground can be mined. Arlan Marrs asked if six months is
adequate. Mr. Nelson stated yes.
Jack Epple moved that Case Number AmUSR-248, Varra Companies, Inc., be continued for a period not to
exceed six months. Rusty Tucker seconded the motion.
The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Cristie
Nicklas-yes; Fred Walker -yes; Marie Koolstra-yes; Jack Epple-yes; Rusty Tucker -yes; Stephen Mokray-yes;
Shirley Camenisch-yes; Arlan Marrs -yes. Motion carried unanimously.
CASE NUMBER: USR-1152
PLANNER: Shani L. Eastin
APPLICANT: Horton Cattle Companies
REQUEST: A Site Specific Development Plan and Special Use Permit for an expansion of a livestock
confinement operation (50,000 head feedlot, 12 accessory dwelling units).
LEGAL DESCRIPTION: The E2 of Section 18 and part of the NW4 of Section 17, T3N, R64W of the 6th P.M,,
Weld County, Colorado.
LOCATION: South of and adjacent to Weld County Road 34; west of and adjacent to Weld County Road
51.
Shani L. Eastin gave an overview of the proposal. The feedlot currently has 22,000 head of cattle. It is
operating by Special Use Permit 112 (SUP -112), approved by the Board of County Commissioners on August
23, 1971. It is valid only in the NE4 of Section 18 and part of Section 17, all in T3N, R64W of the 6th P.M.,
Weld County, Colorado. This proposal would allow the facility to expand to 50,000 head, and increase the
acreage to 335, to include the SE4 of Section 18. It will also include 10 additional housing units, to make a total
of 12 accessory dwelling units. Ms. Eastin stated that the Department of Planning Services' staff recommends
approval of this proposal, and she read the reasons from her recommendation into the record. Ms. Eastin also
submitted a petition signed by surrounding property owners in favor of the request, and two letters in opposition
or with concerns regarding this request.
Joe Hoff, the Horton Cattle Company representative, stated that the purpose of this request is to allow for the
natural growth of this family owned and operated business, and to consolidate its operation from its other
locations throughout Larimer and Weld Counties. He discussed the history of the operation and explained how
this operation fosters the economic health and continuance of agriculture in this community by purchasing
nearly $2 million of crops from farmers each year, and they have 22 employees, with an annual payroll of
$500,000. The total payroll and benefits of all the Horton locations are in excess of $1.8 million. Current
livestock sales at this location are in excess of $32 million, and the economic impact to Weld County is
approximately $82 million. After the proposed expansion, the projected sales would grow to $82.5 million, with
an economic impact of $206 million. Mr. Hoff discussed the applicant's comprehensive manure and
wastewater handling plan, fly control plan, and odor and dust abatement plans. He has met with Don Carroll
of Weld County Public Works to discuss the road improvement agreement to reduce the number of access
points to the feedlot, and they plan to make access much safer than it is now, They have also agreed to the
dedication of County right of way on Road 51. Mr. Hoff discussed the future construction. He stated that Weld
County is ranked third nationally in terms of agricultural production, and Horton Cattle Companies is proud to
be part of the success of Weld County. They want to continue to support the local farmers and be a strong
employer, while remaining aware of their environmental responsibilities.
WELD COUNTY PLANNING COMMISSION MINUTES
June 17, 1997
Page 3
Arlan Marrs asked if the Condition of Approval denying truck traffic on Weld County Road 32 was a concern.
Mr. Hoff stated no, that they mainly use Weld County Road 34.
The Chairman asked if there was anyone in the audience who wished to speak for or against this application.
James Welch, surrounding property owner, stated that he is in opposition to the expansion. His back door is
approximately 600 feet from the property line, which will abut the expansion. He discussed the surrounding
properties, and how he feels this request is inconsistent with the current use of the area, noting that in a one -
section radius in each direction of the proposed site, there are almost 70 different properties, including a
subdivision. Mr. Welch stated that Shani L. Eastin told him that if this were to be redone today, they would all
be considered residential properties, not agricultural properties. Mr. Welch's other concerns were the lack of
a plan to deal with the floodplain issue, the fact that fly control is not being adhered to currently, and the
environmental issues of dust, smell, and water quality. Mr. Welch stated that the drainage ponds are in the
floodplain and he is concerned that they will contaminate Box Elder Creek. He stated that the zoning
requirements state that no septic sludge can be applied in a 100 -year floodplain, so what is the difference
between septic sludge and the sludge from 50,000 head of cattle. There was discussion between Marie
Koolstra and Mr. Welch regarding his expectations when he moved into his home in 1995, with Mr. Welch
noting that he does not have a problem with the existing feedlot. He stated that because of hills, he can't see
the existing feedlot, but after the expansion he will see the feedlot no matter how many trees are planted. The
hills also prevent dust from coming his way currently, but he feels that dust will be a problem after the
expansion. Cristie Nicklas asked if Mr. Welch has called the Health Department for a fly count; he stated that
he did not know that was an option, but he will do so now
Shani L. Eastin clarified that there is a Special Use Permit for Mile High Turkey Hatcheries directly to the south
of this proposal and another Special Use Permit to the west for a dog kennel. The properties in the immediate
area were all created either by right prior to zoning, by 80 acre splits, or by Recorded Exemptions. The
subdivision Mr. Welch mentioned, Milton Lake Estates, is located 1-1/2 to 2 miles to the north. It was platted
prior to zoning. Ms. Eastin stated that she told Mr. Welch that if a residential subdivision came into this area
at this time, it wouldn't be done quite the way it was done back then.
Howard Franklin, surrounding property owner, clarified that he previously owned the property Ms. Eastin stated
has a dog kennel Special Use Permit, and Mr. Welch is the current owner of the property. Mr. Franklin stated
that the Special Use Permit was pulled at the time he bought the property, so it is no longer available. Mr.
Franklin stated that he is concerned by the past history of poor overall control, citing that the current permit is
for the NE4 section, but it is actually in the SW4 section, so it has been out of compliance since 1971. He
discussed his concerns as to smell, dust, flies, and the source of water for the proposed sprinkler system. He
stated that he heard bees could be used to control the flies, but he worried that bees would cause an additional
problem. Runoff into the lagoons is also a concern, as he feels their proximity to the road poses a safety
hazard. Mr. Franklin stated that the southeast corner is in a floodplain, and water will run into Box Elder Creek.
Mr. Franklin asked how the water from the lagoons will be disposed of, since the LDS Farm has denied
acceptance of the water. Mr. Franklin stated that he is opposed to the abandonment of Weld County Road 51.
He is not against feedlots, but feels that the proposed expansion will lower property values. Mr. Franklin
questioned how there could not be any manure storage on the site, and also questioned the use of water from
the retention pond on agricultural ground to the east. Cristie Nicklas asked if the effects of this feedlot are
going to be that much greater after the expansion than they are now. Mr. Franklin stated no, if it is well
maintained, but he is concerned with what will happen when the cattle prices go down.
Larry Madison, surrounding property owner, had the same concerns mentioned by Mr. Welch and Mr. Franklin.
He questioned whether bees are already used, as his sons have been stung. Mr. Madison stated that he is
very concerned with the possible contamination of his water from the holding ponds on Weld County Road 51,
and is worried there will be additional dust, as his wife and son have asthma. There was discussion between
Mr. Madison and the Commission members regarding the depth of his well (297 feet), and the length of time
he has owned the property (three years). Ms. Nicklas explained how wasps, not bees, are used in biological
WELD COUNTY PLANNING COMMISSION MINUTES
June 17, 1997
Page 4
control at her feedlot, noting that they are no bigger than a gnat, and do not land on or sting humans. They lay
their eggs in the manure, and the eggs eat the fly larvae. Trevor Jiricek agreed with Ms. Nicklas' description.
There was discussion between Mr. Madison and Ms. Nicklas as to how the size of feedlot effects the problems
of the feedlot. Fred Walker asked Mr. Madison how big his parcel is; Mr. Madison stated 80 acres.
Courtney Monaghan, surrounding property owner in Milton Estates, stated that he has lived in the area for 10
years. He stated that he signed the petition for the dog kennel, but there is a big difference between 50 dogs
and 50,000 head of cattle. He can see the feedlot all the time, regardless of trees planted, and he gets the
smell constantly. However, but he is accepting of this; his concern is the proposal to almost triple the current
size.
Diane Mildenberger, surrounding property owner, stated that she signed the petition in favor of the expansion,
but has since changed her mind. She and her husband purchased their property in 1992, and moved into their
home in 1993. She has been in the agricultural/farming business since 1974, and understands all of the
problems that go along with animals. She discussed her concerns with Weld County Road 49, which she feels
is a very dangerous road, ground pollution, and property values. She stated she lives in Milton Lake Estates
on approximately 60 acres. She realizes that the feedlot was there long before they were, however, she feels
that the expansion is monopolizing the area with cattle, and would be a mistake for the people currently there
and the people that are not there yet. She asked that the smaller acreages be taken into consideration.
Pat Krautschun, surrounding property owner stated that she, her husband, and their two adult children are for
the expansion. The north end of her house is 44 feet from Weld County Road 34, which is a dirt road, and she
requested that some consideration be given to paving or spraying the road. She does not feel one person who
raises fewer cattle should say that someone else cannot make a living raising more. Ms. Krautschun
welcomes this proposal because these are agricultural -based people that have a working knowledge of what
it takes to feed people and be in agricultural. She would rather have a little more smell and flies versus a lot
more traffic and small acreages. Ms. Krautschun stated that her acreage (37.5 acres) is the smallest of those
parcels adjoining the proposal to the west. Her only question was what is going to be done with the property
in between the two parcels. The property owners on each side do not want cattle pens there, and do not want
the 12 dwelling units there either. Shani L. Eastin stated that the 12 dwelling units will be in the upper
northwest corner and the mid northeast section. Ms. Krautschun stated that she does not have a problem with
the placement in those areas, and added that she knows the feedlot has had problems keeping help due to
a lack of rental housing in the area. Ms. Krautschun voiced complaints about the dust from the dirt road, the
condition of the road, the narrowness of the road, and stated that the road should have a wider turn for trucks
and better signage for the feedlot.
Tom Herron, director of natural resources for the Colorado Cattle Feeders Association, spoke neither in favor
of nor against the proposal, only to provide information regarding management practices and to answer
questions. Dust will be controlled through pen density, regular manure removal, and a sprinkler system. Arlan
Marrs questioned how the implementation costs will affect the profitability of the operator. Mr. Herron explained
that these costs are no longer seen as an expense because dust is a health concern for the livestock. There
is benefit economically to raising healthy livestock. In regards to the concerns that there is not enough water
capacity for the sprinkler system, Mr. Herron stated that dust control requires considerably less water than
crops. Odor will be controlled through pen drainage, regular manure removal, reduction of standing water,
barriers such as windbreaks and fences, and land application timing. Mr. Marrs asked if composting will be
done, Mr. Herron stated that it is an option, but most of the solid waste is hauled off because farmers prefer
manure to compost. Flies will be controlled through regular manure removal, reduction of standing water, weed
and grass management, and biological treatments such as parasitic wasps. There is a Manure and
Wastewater Management Plan, as required by the State Confined Animal Feeding Control Regulations, to
handle stormwater runoff and manure. Per Mr. Marrs' request, Mr. Herron discussed the responsibilities that
cattle feeders have to meet the changes that are occurring in Weld County with growth. In response to the
floodplain concerns, Mr. Herron explained the floodplain regulations, noting the distinction between a
stormwater retention facility and a process wastewater lagoon, which generates water other than stormwater.
WELD COUNTY PLANNING COMMISSION MINUTES
June 17, 1997
Page 5
The Horton's have built a berm approximately three feet high within the County road right-of-way, and have
discussed continuing it all the way around the property. Stephen Mokray asked if the Horton's are receptive
to all of Mr. Herron's ideas. Mr. Herron stated that the ideas are the Horton's, they just need engineering and
development help.
Sharon Welch, surrounding property owner, stated that, during a meeting in March with surrounding property
owners against the proposal, Mr. Horton falsely stated that the expansion was already approved. When they
brought this to his attention, Ms.. Welch stated that Mr. Horton said, "Fine. I'm going to put in a 50,000 head
feedlot to make your lives miserable." Ms. Welch does not have confidence in an owner who would make such
a threat, and would like to know who will oversee the expansion.
Eric Angus, farm manager for the LDS Church, stated that the Church is neutral as to the expansion. His
concern is floodwater and if it will go across the road to their farm.
Dallas Horton, applicant, acknowledged his respect for his neighbors' concerns, the impact this proposal will
have on them, and expressed his appreciation to the people who signed his petition. Arlan Marrs asked if the
applicant can, after the expansion, reduce or at least not increase the current level of fly, dust, and odor
problems. Mr. Horton and Mr. Herron explained that the problems will not increase proportionately. Mr. Horton
expressed his sense of responsibility to himself, employees, the community, and the industry. Marie Koolstra
asked how long until build -out. Mr. Horton stated that the expansion will begin sometime next year and could
take until 1999. Stephen Mokray asked if the additional requirements will be a handicap in terms of being
competitive. Mr. Horton stated no and reiterated that some of the costs also benefit the operation in terms of
animal health. Cristie Nicklas asked if there is an alternate plan for wastewater since LDS farms has declined
to use it for irrigation, Mr. Horton stated that he is still in negotiation with LDS and with a neighbor to the north.
Ms. Nicklas asked why a letter was not sent to the Corps of Engineers since this proposal is in a flood overlay
zone. Shani L. Eastin stated that this issue is covered under a Development Standard, and any building in the
floodplain will be reviewed by FEMA.
Per Mr. Marr's request, Ms. Eastin explained how the Conditions of Approval and Development Standards
address the concerns expressed by surrounding property owners, and also the consequences if they are not
adhered to. These stipulations were not attached to the old Special Use Permit. Regarding road dust
concerns, Ms. Eastin explained that paving has been proposed for Weld County Road 51 from center section
north, and on Weld County Road 34 from Weld County Road 49 to Weld County Road 51.
Fred Walker moved that Case Number USR-1152, Horton Cattle Companies, be forwarded to the Board of
County Commissioners with the Conditions of Approval and Development Standards, with Planning
Commission's recommendation for approval. Cristie Nicklas seconded the motion.
The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Cristie
Nicklas-yes; Fred Walker -yes; Marie Koolstra-yes; Jack Epple-yes; Rusty Tucker -yes; Stephen Mokray-yes;
Shirley Carnenisch-yes; Arlan Marrs -yes. Motion carried unanimously.
CASE NUMBER: USR-1153
PLANNER: Todd A. Hodges
APPLICANT: Public Service Company of Colorado
REQUEST: A Site Specific Development Plan and a Special Review Permit for a Major Facility of a Public
Utility for a wind electric generation project in the A (Agricultural) Zone District.
LEGAL DESCRIPTION: Located in Section 19, T12N, R66W of the 6th P.M., Weld County, Colorado.
LOCATION: Approximately 2 miles west of U S Highway 85; south of and adjacent to the
Colorado/Wyoming border.
WELD COUNTY PLANNING COMMISSION MINUTES
June 17, 1997
Page 6
The Chairman, citing a conflict of interest, turned the case over to the Vice -Chairman.
The Vice -Chairman asked for clarification as to whether this would be the final approval. Todd A. Hodges
explained that if the Planning Commission approves this proposal, it will not go before the Board of County
Commissioners. It will go before the Board if it is denied by the Planning Commission.
Mr. Hodges gave an overview of the proposal. The preferred access is from U.S. Highway 85, but the
applicants are looking at alternative routes from the Wyoming side. Mr. Hodges explained that the changes
made to the Conditions of Approval and Development Standards are minimal. The word "pipeline" was
replaced with "facility" throughout, and "property owner" was changed to "facility owners/operators" in
Development Standard #6. The Department of Planning Services' staff recommends approval of this proposal.
Rick Thompson, applicant representative, explained the need for renewable energy, that the proposal is the
most cost effective technology available, and that the site provides an excellent wind resource.
Dale Osborne, president of Distributed Generation Systems, gave an overview of his background in the wind
generation industry. Mr. Osborne explained that there are four aspects to picking the best site. First, the land
must be privately owned, remote, and used primarily for grazing. Second, there must be a strong and reliable
wind resource. Third, there must be good transmission line access. Fourth, the facility must not cause any
significant environmental impact, especially regarding avian issues. Per Fred Walker's request, Mr. Osborne
explained the three proposed access routes. The preferred access, off of U.S. 85, is owned by the Lazy D
Grazing Association and the State of Colorado. However, Lazy D is reluctant to grant access. Another access
is off of 1-25 and owned by the Terry Bison Ranch and the State of Colorado. The applicants are reluctant to
pursue this access because they would also have to cross the Union Pacific Railroad. The final access, which
is in negotiation currently, will require entering in Wyoming, and passing through parcels owned by the State
of Colorado and surface -leased by the Terry Grazing Association. Stephen Mokray asked if there would be
a problem with the flight pattern to Cheyenne. Mr. Osborne stated that they are currently waiting on FAA
approval.
Fred Walker asked if Public Service would use their power of eminent domain in order to use their preferred
access. Mr. Thompson stated that they would be reluctant to exercise their right because they want to be a
good corporate neighbor.
Mr. Osborne explained that only 3/4 of a section of the land will be developed, in phases, for this facility, and
he gave an overview of the facility. Per Mr. Mokray's request, Mr. Osborne explained that the noise generated
would not be louder than a speaking voice, and that there is no evidence of any noise impact on wildlife. He
added that there is almost no ground food to attract raptors, eagles, etc. Mr. Mokray asked if EMF is a concern;
Mr Osborne stated no, all the cabling will be underground.
Cristie Nicklas asked how much of the project has been sold; Mr. Thompson stated that they have
commitments for eight of the 13 turbines proposed to be built before 1998. Construction would begin this fall
on six turbines, a small substation, and two meteorological towers. There was discussion between Mr. Mokray
and Mr. Thompson regarding this being "wholesome" electricity. Jack Epple asked what the generation
capacity will be; Mr. Thompson stated approximately 20 Megawatts. Ms. Nicklas asked what will happen to
the site if it is not economically viable. Mr. Thompson stated that Public Service does not believe that will be
an issue, but if it were, they would work with the landowner and probably remove the turbines. Ms. Nicklas
asked if Laramie County was aware of the project. Todd A. Hodges stated that they were sent a referral, but
did not respond. Mr. Osborne added that several Wyoming state officials are aware of the project and are
interested in it for their state. Mr. Osborne discussed Governor Romer's Renewable Energy Task Force. In
response to Ms. Nickles' earlier question, he explained that if the project becomes inoperable, the project
owner is obligated to remove the facility and reclaim the land.
WELD COUNTY PLANNING COMMISSION MINUTES
June 17, 1997
Page 7
Jerry Burnett, director of Lazy D Grazing Association, clarified that there are nine residences in the surrounding
area of the proposal. His concerns are for property value, as there is development less than three miles away,
possible security problems if the applicants were to use the Lazy D as their access route, and also the
disruption of cattle by the heavy traffic caused by construction. Mr. Burnett would like the access route to be
defined before the proposal is approved.
Marlin Opperman, representative for Lazy D Grazing Association, questioned Mr. Hodges' earlier statement
that the proposal would go before the Board of County Commissioners if the Planning Commission denies
approval, citing Section 25.1 of the Weld County Zoning Ordinance. Mr. Opperman discussed the
Commission's obligations in deciding on this, the first application of this type in Weld County. He also
discussed his concerns, which include the fact that this application is only supported by Public Service and is
not on behalf of Public Service, and he questioned the agreement between Public Service and Distributed
Generations Systems with regards to maintenance and removal. Mr. Opperman asked that the Lazy D
property be withdrawn as an access route, and does not feel that Public Service has a right of eminent domain.
He stated that Lazy D Grazing Association is requesting postponement of action on this application. The
reasons cited were: the Department of Planning Services did not post proper signage per Weld County Zoning
Ordinance, Sections 24.7.2.11 and 22.4.2.5; the concerns of the Colorado Department of Transportation
regarding highway access have not been addressed; the heavy equipment necessary for construction of the
proposal would not make it over the existing two -track road on the Lazy D property; the Environmental
Assessment or Environmental Impact Study has not been released, as per Sections 25.8.11, 25.7.2.4.14.9,
and 25.7.2.14.10 of the Weld County Zoning Ordinance; and the precedent this will set requires a clear and
concise set of rules and regulations.
Don Ward, operator of a guiding and outfitting business on surrounding property, stated that he is concerned
with the access route and the effect it will have on his business during hunting season, and the possible effects
to the animals. Mr. Ward asked that a decision be postponed until the access route is confirmed.
Rudd Myer with the Land and Water Fund of the Rockies, a nonprofit environmental law firm, discussed how
they have been working to make renewable energy a reality and its importance. She also explained how they
and the Department of Energy are "watchdogs" for the project. Ms. Myer discussed the success of Fort Collins'
wind project.
Mark Roper, manager for the Renewable Energy Program at the Colorado State Governor's Office of Energy
Conservation, expressed the general, conceptual support of the Governor's Office of Energy Conservation for
this application. He provided, for the record, a copy of the executive order signed by the Governor, which
created the Renewable Energy Task Force. Mr. Roper then gave background information on the creation of
the Task Force, and explained that its purpose is to develop a strategy for Colorado to develop 250 megawatts
of new renewable energy in the next ten years. Mr Roper stated that market research shows that there is
about 50 megawatts worth of demand for this project, while there will only be about 22 megawatts produced
at full build -out. He explained how the Department of Energy grant of $3 million will support the development,
and added that the DOE assessment should be released within the next month. He commended Public
Service Company on the development and asked for a favorable recommendation. In response to concerns
about noise, Mr. Roper stated that early model turbines (which have been improved on) produced 45-50
decibels, while the normal human speaking voice produces approximately 60 decibels. Stephen Mokray
questioned the fact that the task force does not have a strategy. Mr. Roper stated that the strategy will consist
of a list of ideas to help promote renewable energy and that it will be policy level recommendation.
Keith Roman, the owner of proposed site, stated that this project will not cause any pollution or smell, and he
wanted everyone to know that he lives only three miles from the proposed site. He also wanted the Planning
Commission members to think about clean power the next time they turn on their lights.
Jerry Burnett asked if what he has heard about the applicants filing for wind rights is true. Lee Morrison
explained that an easement could be acquired to prevent any structures from obstructing the generators.
WELD COUNTY PLANNING COMMISSION MINUTES
June 17, 1997
Page 8
Mr. Morrison responded to some of the issues brought up by Mr. Opperman Regarding signage posting, Mr.
Morrison explained that Mr. Opperman was referring to the section for regular Special Use Permits, not the
Major Facility of a Public Utility. However, Mr. Hodges still tried to meet that standard to make notice available
to the public. Regarding the Planning Commission having the final say, Mr. Morrison cited additional sections
which stated that the applicant can petition the Board of County Commissioners if the Planning Commission
denies their application, and they can also request that the Public Utility Commission hear the case. There was
discussion then between Mr. Opperman and Mr. Morrison regarding the Weld County Zoning Ordinace
sections in question. Mr. Hodges explained the Department of Planning Services signage requirements, and
indicated that Mr. Opperman cited the wrong section of the Weld County Zoning Ordinance; duties of the
Department of Planning Services' staff for a Major Facility of a Public Utility are listed in Section 25.4. Mr.
Hodges noted that the signs posted were done as a courtesy, and that they do not have to be maintained.
Dale Osborne responded to several of the concerns raised. Regarding access to the property, there will be
gates with locks or remote control access, and the landowner will be notified each time before access is made.
Mr. Osborne noted that ingress/egress access rights must be finalized before financing. All assets of the
project will be assigned to Public Service Company. Mr. Osborne's company has signed a long term contract
to purchase the energy for the first six turbines. The company has no relationship to the furthering
development of the project after that without the concurrence of Public Service, who will own the site. Mr.
Osborne also explained that this project is a fully financially disclosed transaction. He discussed how wind
energy is being produced around the world, so this is not a prototype. He asked that the record reflect that
he has never had any contact with Mr. Opperman on this project, and that Lazy D management denied his
requests for meetings. Per Mr. Epple's request, Mr. Osborne explained that wind rights are not like water
rights. Mr. Roman will deed the wind above his property to the applicant so that a barrier cannot be built to
block the wind. Fred Walker asked if the wind rights would be from the property line inward. Mr. Osborne
stated yes.
Rick Thompson clarified that the Environmental Assessment is a federal process required because of the grant,
not because the proposed site is on private land. Cristie Nicklas questioned a previous comment made that
there is no food available for raptors so therefore there are no raptors. Mr. Thompson stated that the statement
was made per baseline data from the site. There was discussion between Ms. Nicklas, Mr. Thompson, and
Mr. Osborne regarding the two -track road at the preferred access and its possible improvement. Fred Walker
stated that he cannot support this until there is a guaranteed access to the property, and that he feels that the
use of eminent domain would be wrong as there is private money involved. Rick Thompson stated that Public
Service Company will fully own the substation and all of the power produced there. He also noted that the
Condition of Approval deals with access, so that should address Mr. Walker's concern. Mr. Hodges discussed
the two Conditions of Approval, adding that the permit would not be valid until those conditions are met. Shirley
Camenisch asked if the applicants agree with the Conditions of Approval and Development Standards. Mr.
Thompson stated yes. Ms. Nicklas stated that she agrees with Mr. Walker's comments, and discussed how
she resents that previous comments seem to indicate that the proposed site is acceptable because it will not
impact very many people and wildlife.
Marie Koolstra moved that Case Number USR-1153, Public Service Company of Colorado, be forwarded to
the Board of County Commissioners with the Conditions of Approval and Development Standards, with
Planning Commission's recommendation for approval. Stephen Mokray seconded the motion
The Vice -Chairman asked the secretary to poll the members of the Planning Commission for their decision.
Cristie Nicklas-no; Fred Walker -no; Marie Koolstra-yes; Jack Epple-yes; Rusty Tucker -yes; Stephen Mokray-
yes, Shirley Camenisch-yes. Motion carried.
Marie Koolstra commented that she feels there are adequate provisions being made for the access. Rusty
Tucker agreed with Ms. Koolstra's comment.
WELD COUNTY PLANNING COMMISSION MINUTES
June 17, 1997
Page 9
CASE NUMBER: USR-1151
PLANNER: Kern Keithley
APPLICANT: Francis Gregerson
REQUEST: A Site Specific Development Plan and Special Review Permit for a livestock confinement
operation (6,000 head dairy) with 3 office buildings and 29 accessory to the farm dwellings.
LEGAL DESCRIPTION: The NW4, W2 NE4 and NW4 SE4 of Section 12. T2N, R68W of the 6th P.M., Weld
County, Colorado.
LOCATION: South of and adjacent to Weld County Road 24; east of and adjacent to Weld County Road
11.
Kern Keithley explained that the case originated when Mr. Gregerson applied for three additional employee
housing units, to be the 17th, 18th, and 19th accessory dwellings. It was discovered at that time that there are
currently 3,600 animal units on site, when only 1,120 units are allowed by right. Therefore, it is operating in
violation of the Weld County Zoning Ordinance without a Special Use permit. The applicant believes that the
dairy is a nonconforming land use, or grandfathered into the site. However, a nonconforming land use cannot
be enlarged without a Special Use Permit, Prior to the adoption of the Weld County Zoning Ordinance, the
dairy consisted of fewer animal units. Since it has increased, the Department of Planning Services' staff does
not believe the Gregerson dairy to be a nonconforming land use. Therefore, it is subject to the requirements
and the regulations of the Weld County Zoning Ordinance, the Subdivision Ordinance, and the
Intergovernmental Agreement between the County, Firestone, Frederick, and Dacono. Ms. Keithley stated that
the dairy is located east of and adjacent to the Mixed Use Development Area and within the Town of
Firestone's urban growth boundary area. Because the area surrounding the dairy is developing rapidly, with
annexations occurring around the site, and because it is located in an urban growth corridor, the Department
of Planning Services' staff is recommending denial of this request. Ms. Keithley further discussed how the
proposal is not consistent with the Weld County Comprehensive Plan, as amended. She also discussed how
approval of this proposal will violate the Tri-Area IGA, which was signed by the Board of County
Commissioners. She also cited the various impacts this proposal may have. Ms. Keithley detailed the current
and future development taking place in the area. She noted that there have been seven letters and numerous
phone calls in opposition to this request.
Mike Morgan, attorney for the applicant, clarified that this is an existing dairy with approximately 3,500 head,
15 permitted structures and three offices. The application is a request for additional accessory dwellings to
house the existing level of employees, and to provide more economical operation of the dairy by increasing
the number of head and dairy buildings. Mr. Morgan gave a brief overview of the history of the dairy, noting
that prior to 1981, when the Weld County Zoning Ordinance was changed, the dairy was a use by right in an
agricultural zone. He read from Section 17.1 of the Weld County Zoning Ordinance, stating that, therefore, the
dairy has had a USR since 1981. At that time, there were approximately 1,555 head, and the barns, principal
dwelling and 12 accessory dwellings were there. Mr. Morgan discussed his interpretation of Section 17.1 of
the Weld County Zoning Ordinance, explaining that the expansion limit applies to acreage and buildings only.
He believes the law allows the dairy to intensify the use on the land, allowing for natural expansion of the herd.
Mr. Morgan discussed the new permits that Mr. Gregerson has been issued since 1981, noting that three
permits for additional employee housing were approved just recently, pending approval of this application.
These three accessory dwellings, which have been purchased and are sitting on blocks, are the only
immediate additions. The proposed expansion would happen over time, if at all, as the economy dictates. Mr.
Morgan noted that the dairy employs 30-35 people, produces 85,000-90,000 lbs. of milk per day, and that
yearly it contributes approximately $4.5 million into the local economy, and pays approximately $10,000 in
property taxes. Mr. Morgan discussed the surrounding properties, noting that there is no residential
development planned for any directly adjacent parcels. Arlan Marrs asked if there are any large parcels in the
surrounding area available for development. Francis Gregerson, applicant, stated that he does not believe
there is. Mr. Morgan reviewed the application and reiterated many of his previous points. He clarified that the
12 additional accessory dwellings will not be for additional employees; existing employees could gradually
move onto the site as housing becomes available. Mr. Morgan noted that this application was submitted before
WELD COUNTY PLANNING COMMISSION MINUTES
June 17, 1997
Page 10
the Tri-Area IGA was signed, and that the County and the Tri-Area have not developed and implemented the
comprehensive plan described in the IGA, so therefore, it is not effective. He discussed the Tri-Area Planning
Commission's and the Town of Firestone's recommendations, and addressed the Department of Planning
Services' concerns and their recommendation for denial. Mr. Morgan asked for approval of the proposal, and
that Conditions of Approval and Development Standards similar to the last four dairy expansions be used. He
discussed some modifications that could be made.
Per Marie Koolstra's request, Kern Keithley clarified that this application is not just to bring the dairy into
compliance, it is also for future expansion Ms. Koolstra inquired as to what will happen to the dairy upon
denial. Ms. Keithley first addressed the nonconforming use issue, noting that once the applicant increased
intensity, he lost his nonconforming use. She also explained that the Department of Planning Services' staff
validated the use of dairy in 1990 by releasing the additional accessory dwelling permits. Therefore, if the
Planning Commission denies the request, the applicant should be ordered to go back to the head count back
in 1990, when it was validated. There was discussion between Ms. Koolstra, Ms. Nicklas and Ms. Keithley
regarding the incompatibility issue. Arlan Marrs stated that, due to the County's error by not catching the
noncompliance over the years, the applicant should at least be allowed to keep the current head count. There
was discussion between Mr. Morgan and Bruce Barker as to whether the limits set by the nonconforming use
that became a USR in 1981 limited the total expansion, including head count, or just acreage expansion. Mr.
Barker stated that a base must be established. He suggested that it be the total head present in 1990, when
the Department of Planning Services erroneously validated the dairy by issuing additional accessory dwelling
permits. Mr. Marrs disagreed because the applicant was never told there was a limit, therefore, the base
should be set at the current head count. Ms. Keithley discussed the intent of the Tri-Area IGA. Mr. Marrs noted
that he was opposed to the IGA from the beginning because of something such as this happening.
Per Fred Walker's request, Ms. Keithley explained that the Town of Firestone was not represented at the Tri-
Area Planning Commission hearing, but they did call the Department of Planning Services to comment
individually. Mr. Walker and Ms. Keithley discussed the Town of Firestone's lack of participation in the Tri-Area
Planning Commission.
Robert Lehr, representative of Mr. & Mrs. Larnbertson, surrounding property owners, stated that they have no
objections to the current operation, but object to the expansion. Mr. Lehr discussed the future development
of the 296 acres the Lambertson's own, which includes a PUD for a modular home community. Mr. Lehr stated
that he sees the area going from agricultural to residential more sooner than later.
David Sewald, surrounding property owner, stated that he has no objection to the existing dairy, but objects
to the expansion due to future development. He also objects to the any accessory dwellings being put on Weld
County Road 11; he would like to see them all in the same area east of dairy.
Conrad Hopps, surrounding property, spoke in favor of the dairy. He discussed the inconsistency of the
residential developments.
Louis Rademacher, manager of Rademacher Farms, LLC., spoke in favor of the dairy, noting that the dairy
smells better than the nearby sewer plant. He discussed the difference between dairies and feedlots, regarding
headcount fluctuations.
Mr. Morgan responded to some of the concerns brought up by surrounding property owners. Arlan Marrs
asked if the applicant would be willing to hook up to sewer service if it becomes available. Mr. Gregerson
stated that he would be willing if it was feasible, but he knows that the sewer district is already overloaded. Mr.
Marrs and Mr. Gregerson discussed the possibility of his employees living in the modular community previously
mentioned. Mr. Gregerson did not envision his employees living there.
WELD COUNTY PLANNING COMMISSION MINUTES
June 17, 1997
Page 11
Jack Epple and Kerri Keithley discussed the possibility of a continuance to see if the Department of Planning
Services' staff can work something out with the applicant. Ms. Keithley stated that the staff will not change their
recommendation. Rusty Tucker asked for clarification as to what exactly the Planning Commission is voting
on. Mr. Barker stated that the Department of Planning Services' staff is comfortable with the 1990 figure of
2,063 head, giving the applicant the benefit of the doubt from 1981 through 1990. He discussed possible
recommendations to the Board of County Commissioners.
Per Mr. Walker's request, Mr. Morgan discussed what he would like the Planning Commission to vote on,
which was for the expansion to 6,000 head. Mr. Barker discussed how it is inappropriate for the Planning
Commission to ask the applicant to change that figure at this stage in the process.
Bill Crews, representative for the applicant, discussed how the applicant ended up at this point after applying
for three accessory dwelling permits. Mr. Crews explained that the expansion numbers are an eventuality, not
a plan, and that the applicant wants to avoid the expense of having to come before the Planning Commission
again.
Per Mr. Mokray's request, Mr. Gregerson explained that economics and mother nature will control the head
count. Per Shirley Camenisch's request, Mr. Gregerson explained the ratio of cows to employees. Cristie
Camenisch asked what will happen when his head count reaches 6,000. Mr. Gregerson explained how the
figure was reached, and stated that he does not envision his herd any larger than that.
The Chairman asked if the applicant was in agreement with the Conditions of Approval and Development
Standards. Mr. Morgan stated no, because he has not had a chance to review them all. He noted some of the
concerns he has with the few that he had read. There was discussion by Mr. Marrs and Mr. Barker regarding
the Planning Commission making a recommendation. Mr. Barker noted that after the recommendation is made,
but before it goes to the Board, the staff and the applicant could make some revisions. Mr. Morgan expressed
his reluctance to agree to this before they have had a chance to review them. Mr. Mokray asked if the Planning
Commission could stipulate that an agreement be worked out between the applicant and the Department of
Planning Services' staff. Mr. Barker stated that the Commission's job is to recommend to the Board of County
Commissioners approval or denial, and Conditions of Approval and Development Standards. He suggested
giving the applicant time to review the conditions. There was discussion between Mr. Marrs and Ms. Keithley
as to why the Conditions of Approval and Development Standards were not included in the denial packet.
The Chairman asked if the applicant would be agreeable to a continuance until the next Planning Commission
meeting. Mr. Morgan did not want to wait on a decision. He suggested that general conditions from two recent
dairy expansions be used. Ms. Keithley argued that every dairy is site specific. She stated that there has been
only one change to the Conditions of Approval from the ones listed in the original referral packet, which the
applicant received. She read Condition of Approval #5 into the record. Cristie Nicklas asked which access
the existing houses will use if the Weld County Road 11 access is closed. Don Carroll explained that there
are three existing accesses off of Weld County Road 11; the Department of Public Works is asking for the
closure of only one of them. Mr. Carroll discussed the fire department's requirements, and the Department
of Public Works policy on circle drives. The applicant agreed with Mr. Carroll's comments.
Per Mr. Marr's request, Ms. Keithley explained the zoning permit process for accessory dwellings.
Arlan Marrs clarified that the applicant has not agreed to the Conditions of Approval and Development
Standards, he has not agreed to any lesser numbers, and the Department of Planning Services' staff is
standing by the recommendation for denial. Marie Koolstra read a quotation from Glickman, the Secretary of
Agriculture at the federal level: "Dairy will not survive unless it grows." Shirley Camenisch asked if the
conditions can be changed after the Planning Commission's approval. Ms. Keithley stated yes.
WELD COUNTY PLANNING COMMISSION MINUTES
June 17, 1997
Page 12
Stephen Mokray moved that Case Number USR-1151, Francis Gregerson, be forwarded to the Board of
County Commissioners with the Conditions of Approval and Development Standards, with the Planning
Commission's recommendation for approval. Shirley Camenisch seconded the motion.
The Chairman asked the secretary to poll the members of the Planning Commission for their decision. Cristie
Nicklas-yes; Fred Walker -yes; Marie Koolstra-yes; Jack Epple-yes; Rusty Tucker -yes; Stephen Mokray-yes;
Shirley Camenisch-yes; Arlan Marrs -yes. Motion carried unanimously.
Jack Epple commented that the applicant has 3,500 head, and 6,000 head is not that much more, so he'll stay
pretty much the size he is. Mr. Epple stated that Mr. Gregerson has that right. If the staff had negotiated with
the Town of Firestone and talked it over with the applicant, some sort of agreement could have been made
before it came to the Planning Commission.
Arlan Marrs commented that this is a tough issue. The area is developing rapidly, so it will be important for Mr.
Gregerson to keep his facility as well operated as it is now, not only for himself and his neighbors, but for all
of agriculture. In the future, if rules and regulations are passed because of one person's poor operation, it's
going to affect us all. He noted his disappointment in the Tri-Area IGA, and the statement in there that certain
issues will be disapproved. He stated that it was a bad agreement and should never have gone as far as it
did.
Meeting adjourned at 7:52 p.m.
Respectfully submitted,
LrYIAL
Tammie Pope
Secretary
Varra Companies, Inc.
2130 South 96th Street, Broomfield, CO 80020 (303)666-6657 Fax Number (303)666-6743
Friday 20 June 1997
Carl Mount and Gregg Squire, EPS's
Colorado Division of Minerals & Geology
1313 Sherman Street, #215
Denver, Colorado 80203
Subject: Clarification of matters reported to DMG by correspondence of 9 June
1997 from Trevor Jiricek, Weld County Department of,Health.
Dear Carl & Gregg:
Respective of our telephone conferences of June 11 & 12, this correspondence
will serve to benchmark our resolution concerning matters raised by Weld
County Department of Health.
The matter came to our attention as a result of an unrelated telephone
conversation I had with Kerri Keithley, Larimer County Planning Department. We
were not aware there was a problem or a concern prior to this. Kerri was kind
enough to bring the correspondence to my attention and FAX a copy to my
office. Upon reading it, we immediately acted to cease the activity until the
matter could be resolved, and contacted your office that same day.
It was interesting to us that Health never contacted us directly with their concern
or included us in their correspondence. Regardless, we respect their concerns
but with the caveat that we did not believe the activity violated our DMG backfill
notice or related water quality concerns, for reasons we discussed at that time.
Kerri indicated to me that Trevor admitted to her that it was a "grey area."
Perhaps because the inspector apparently viewed the activity at a distance, the
area of impact reported and suggested time period was exaggerated. Only a
fraction of one acre was impacted and the activity was quite recent. Additionally,
the trees were not laid down in a solid pact but graded in with soil around each
bole.
Since the site is in a flood plain, impacts to future structures should not occur
since structures in a flood plain should not be allowed by Weld County. Given
the rate of rot of a bole of tree it is difficult to believe that a common natural
phenomena evidence along most tributaries of the state would create any other
type of hazard give the spacing between each bole. Worst case, over time some
settling and hummocking of the upper surface could occur.
Regardless, in discussing the matter with Chris Varra, he apparently acted to
have any buried trees dug up since they were predominantly sparse in number
and located near the outer perimeter of the existing fill. The trees were then
stockpiled with the majority stockpile of trees that had yet to be included in the
fill. It is my understanding that Gregg will be out to inspect the site sometime
after the June Board meeting. I have since inspected and filmed the location
and could not find evidence of concern. Respective of the past activity the
matter appears resolved.
It would be good to have a better understanding as to what level of tree burial
could occur. My understanding is that Carl will contact Glenn Malory at Solid
Waste to determine any protocols. The practice will not be resumed without a
prior understanding and agreement as to any limits.
Not every element of our activity can be fully anticipated respective of its impact
on the minds of others. Along with the myriad of laws and regulations come the
more numerous opinions and interpretations. We do our best to do the right
thing. Trust we will continue to be responsive to any legitimate concern raised
about our operations, to the extent we are aware of them.
If you need further information or clarification on this matter, please contact us.
Thank -you again for your understanding and kind assistance.
Sincerely,
Bradford Janes
Professional Forester
cc. Christopher L. Varra, President
Varra Companies, Inc.
Kerri Keithley, Weld County Planner
Greeley, Colorado
Julie Chester, Weld County Planner
Greeley, Colorado
Trevor Jiricek, Supervisor
Weld County Department of Health
Environmental Protection Services
BLJ/blj
Correspondence of Friday 20 June 1997 from Bradford Janes, Professional Forester, Varra
Companies, Inc., to Carl Mount, Senior Specialist, Colorado Division of Minerals and Geology. 2
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Varra Companies, Inc.
2130 South 96th Street, Broomfield, CO 80020 (303)666-6657 Fax Number (303)666-6743
Thursday 12 June 1997 Certified Mail/Retn. Receipt
P 135 660 330
Kerri Keithley, Planner
Weld County Administrative Offices
1400 N. 17th Avenue
Greeley, Colorado 80631
Subject: Amended USR-248 - request indefinite postponement of Planning Commission
Hearing to resolve evidence of legal right to enter.
Dear Kerri:
Per my discussion today with Shani Eastin, in your absence, Varra Companies, Inc. requests
that the Planning Commission hearing for USR-248 be postponed until we can resolve
matters pertaining to legal right to enter. Please confirm whether or not this continuance will
or will not be granted in advance, or if we must appear at the scheduled 17 June 1997
Planning Commission meeting to effect our request.
Regardless, if you or your office would like further information or clarification, please do not
hesitate to contact me. Thank -you for your understanding and kind assistance.
Respectfully, r,
Christopher L. Varra, President
Varra Companies, Inc.
cc. Shani Eastin, Planner
Weld County, Colorado
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04t"f:
COLORADO
FAQ T1A
Weld County Planning Department
1400 N. 17th Avenue
Greeley, CO 80631
(970) 353-6100 Ext. 3540
Fax: (970) 352-6312
TO: Brad Janes
DATE: June 6, 1997
FROM: Kerri D. Keithley, Current Planner
SUBJECT: AMUSR-248
NUMBER: (303) 666-6743
PAGES: 2 , including cover sheet.
Notes:
As stated in our phone conversation today, due to the letter that the Department of Planning
Services received from the property owner dated May 28, 1997, staff will recommend that AMUSR-
248 be continued at the Planning Commissioner Hearing until such time that Varra Co. submits
evidence that they have the legal right to apply for the mining operation on the site.
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COLORADO
May 1, 1997
Bradford Janes
Varra Companies, Inc.
2130 S. 96th Street
Broomfield, CO 80020
Subject:
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX (970) 352-6312
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
AmUSR-248 - A Request for a Site Specific. Development Plan and an Amended Special Review permit for a
sand and gravel mining operation in the A (Agricultural) Zone District on a parcel of land described as the E2
SE4 of Section 31, T3N, R67W of the 6th P.M., Weld County, Colorado
Dear Mr. Jane:
Your application and related materials for the request described above are being processed. I have scheduled a meeting with
the Weld, County Planning Commission for June 17, 1997, at 1:30 p.m. This meeting will take place in the County
Commissioners' Hearing 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
may have_
Itis the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or
if the property is located within the comprehensive planning area of a town or municipality. Therefore, our office has
forwarded a copy of the submitted materials to the Firestone, Mead, and Tri-Area Planning Commissions for their review and
comments. Please call Rick Patterson with the Town of Firestone, at 303-833-3291, Kelly Smith with the Town of Mead, at
970-535-4477, and Jay Curtis with the Tri-Area Planning Commission, at 303-833-3819, for further details regarding the dates,
times, and locations of these meetings. It is recommended that you and/or a representative be in attendance at the Firestone
and Mead Planning Commission meetings to answer any questions the Commission members may have with respect to your
application.
A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the
hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time,
date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted
in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive)
intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County
Planning Commission. This recommendation will he available twenty-four (24) hours before the scheduled hearing. It is the
responsibility of the applicant to call the Department of Planning Services' office before the Planning Commission hearing
to make arrangements to obtain the recommendation.
If you hay' any que_ i ns concerning this matter, please call.
Resp
Kerri Keithle
Current Planner
KDK/tp
NOTICE OF PUBLIC HEARING
The Weld County Planning Commission will hold a public hearing on Tuesday, June 17, 1997, at 1:30 p.m. for the
purpose of considering a Site Specific Development Plan and an Amended Special Review permit for a sand and
gravel mining operation in the A (Agricultural) Zone District for the property described below. Approval of the request
may create a vested property right pursuant to Colorado Law.
CASE NUMBER: AmUSR-248
APPLICANT: Varra Companies, Inc.
CURRENT PLANNER: Kerri Keithley
LEGAL DESCRIPTION: The E2 SE4 of Section 31, T3N, R67W of the 6th P.M., Weld County, Colorado.
TYPE AND INTENSITY OF PROPOSED USE:
A Site Specific Development Plan and an Amended Special Review
permit for a sand and gravel mining operation in the A
(Agricultural) Zone District.
LOCATION: West of Weld County Road 15, north of Weld County Road 26.
The public hearing will be held 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, 1400 N. 17th Avenue, Greeley,
Colorado 80631, before the above date or presented at the public hearing on June 17, 1997.
Copies of the application are available for public inspection in the Department of Planning Services, 1400 N. 17th
Avenue, Greeley, Colorado 80631. Please call Tammie Pope at (970) 353-6100, Ext. 3540, or Fax # (970) 352-6312,
prior to the day of the hearing so that reasonable accommodations can be made if, in accordance with the Americans
with Disabilities Act, you require special accommodations in order to participate in this hearing as a result of a
disability.
Arlan Marrs, Chairman
Weld County Planning Commission
To be published in the South Weld Sun.
To be published one (1) time by May 8, 1997.
Received by: �� ' /
t.� 1
Date:
BY:
STATE OF COLORADO )
)s.s.
COUNTY OF WELD )
Ruth Pel.ton-Roby, as manager of
Pelton Publishing Company LLC, being
duly sworn, states that it is
publisher of the South Weld Sun, a weekly
newspaper published in Keenesburg in
said County and State; that said
newspaper has a general circulation
in said County and has been
continuously and uninterruptedly
published therein, during a period
of at least fifty-two consecutive
weeks prior to the first publication
of the annexed notice; that said
newspaper is a newspaper within the
meaning of the act of the General
Assembly of the State of Colorado,
entitled "An Act to regulate the
printing of legal notices and
advertisements," and amendments
thereto; that the notice of which
the annexed is a printed copy taken
from said newspaper, was published
in said newspaper, and in the
regular and entire issue of every
number thereof, once a week for
successive weeks; that said
notice was so published in said
newspaper proper and not in any
supplement thereof, and that the
first publication of said,notice
as aforesaid, was on the day
of , 1997, and the last
on the day of Ii 1997.
,
PELTON PUBLISHING COMPANY LLC
Ruth Pelton-Roby, Manager
Subscribed and sworn to. before
me this '.2'./2(day of i6t t �,
7/7., "� a
Notary Public
(?&.,;<e1/"AXY
, 1997.
NOTICE OF PUBLIC HEARING
The Weld County Planning Commission will hold a public
hearing on Tuesday, June 17, 1997, at 1:30 p.m. for the
purpose of considering a Site Specific Development Plan and
an Amended Special Review permit for a sand and grave
mining operation in the A (Agricultural) Zone District for the
property described below. Approval of the request may
create a vested property right pursuant to Colorado Law.
CASE NUMBER: AmUSR-248
APPLICANT:
CURRENT PLANNER:
LEGAL DESCRIPTION:
Varra Companies, Inc.
Kerri Kerthley
The E2 SE4 of Section 31, T3N,
R67W of the 6th P.M., Weld
County, Colorado
TYPE AND INTENSITY OF PROPOSED USE:
A Site Specific Development Plan
and an Amended Special Review
permit for a sand and gravel
mining operation in the A
(Agricultural) Zone District.
LOCATION:
West of Weld County Road 15,
north of Weld County Road 26.
The public hearing will be held 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, 1400 N. 17th Avenue, Greeley, Colorado
80631, before the above date or presented at the public
hearing on June 17, 1997.
Copies of the application are available for public inspection in
the Department of Planning Services, 1400 N. 17th Avenue,
Greeley, Colorado 80631. Please call Tsmmle Pope at (970)
353-6100, Ext. 3540, or Fax 5 (970) 352-6312, prior to the
day of the hearing so that reasonable accommodations can
be made if, in accordance with the Americans with Disabilities
Act, you require special accommodations in order to
participate in this hearing as a result of a disability.
Man Marra, Chairman
Weld County Planning Commission
Published 1 the South Weld Sun May 8, 1997.
Administrative Review Flow Sheet
APPLICANT: Varra Companies, Inc. CASE # AMUSR-248
REQUEST. A Site Specific Development Plan and an Amended Special Review permit for a sand and
gravel mining operation on the A (Agricultural) Zone District
LEGAL: E2 SE4 of Section 31, T3N, R67W of the 6th P.M., Weld County, Co.
LOCATION: West of WCR 15, north of WCR 26
PARCEL NO: 1209 31 000026 Overlay Districts: Flood Hazard Overlay
D
Application Received
April 30, 1997
Front Desk
Application Completed
May 1, 1997
KDK
Hearing Date
June 17, 1997
KDK
Utility Board Date
N/A
KDK
PC Sign Posted By: June 6, 1997 Sign Posted:
— i; t , ‘ .: `
t 'i-
Referrals listed
May 1, 1997
KDK
File assembled
`: ci .- 7
_
Letter to applicant mailed
C'
i
Referrals mailed
> . ,_ _,.,r '-1
'"
Chaindexed
5. - .7- LI '7
c �I
Public Notice Sent out
5 - `._ - q q
"
Property & Mineral Owners Notified
5 .. q - CI /7
Aj_�
Maps prepared
6;
Field check by DPS staff
DPS Recommendation ‘ ,
PC/BOA Hearing Action
PC/BOA Resolution
Resolution Sent to Applicant
( .,), Cq 1
Meeting Summory or Minutes Filed in Case
4, ,-, (O q '7
',) i
}
Case sent to Clerk to Board
i'1 / fe-
,.\
CC Sign Posted By: Sign Posted:
_,ti.--)
CC Hearing: Action:
CC Resolution Received
Plat and /or Resolution Recorded
History card completed
Recorded Maps and Filed
DEPARTMENT OF PLANNING SERVICES
Weld County Administrative Offices, 1400 N. 17th Avenue, Greeley, Colorado 80631
Phone (970) 353-6100, Ext. 3540 Fax (970) 352-6312
USE BY SPECIAL REVIEW (MINING OPERATION) APPLICATION
FOR THE DEPARTMENT OF PLANNING SERVICES USE ONLY
Application Fee Receipt Number 4 Case Number ` .
Recording Fee Receipt Number Zoning District
Application Checked By: Planner Assigned to Case ,
To be completed by APPLICANT is accordance with procedural guide requirements:
1. I (we), the undersigned, hereby request a hearing before the Weld County Planning Commission concerning
a proposed gravel (gravel, coal, borrow pit, etc.) mining operation for the following described
unincorporated area of Weld County:
LEGAL DESCRIPTION: E; SEA, Sec. 31, Township 3 North, Range 67 West, 6th P.M.
PARCEL NUMBER: 1 2 0 9 3 1 0 0 0 0 2 6 (12 digit number - found on Tax I.D. Information or
obtained at the Assessor's Office).
2. Surface owner(s) of area of land described
Name:Nelson, Harold & La Verna Address:11955WCR15 Phone: (303) 776-2336
Name: Address: Phone:
3. Owner(s) of mineral rights or substance to be mined
Name: same as #2, above.
Name:
Address:
Address:
4. Source of applicant's legal right to enter and to mine on the land described:
refer to lease, attached.
Phone:
Phone:
(Include certified copy of any document(s) noted
80020
5. Applicant's address: 2130 S. 96th St., Broomfield, CO Phone: (303) 666-6657
Address: 12910 WCR 13, Longmont, CO 80504 Phone: (303) 666-6657
6. Identify any prior permits for mining held by applicant or affiliated person:
DMG Permit #'s: M74-052/Del Camino - M84-036/Dakolios - M89-128/
Von Ohlen - M80-002/Carr, aka Tucker Aq. - M84-079/Sieqrist, aka Pit 112.
7. Description of Operation
A. Types and number of operating and processing equipment to be used
Scrapers (3), Dozer, Backhoe, Excavator, Water Truck, ,c
Loader.
B. Maximum number of employees: eight , and number of shifts: two
11
C. Number of stages to be worked:one , and periods of time each is to be worked Extraction
should be completed prior to expiration of the lease in 2005.
D. Thickness of mineral deposit: 25± feet, and thickness of the overburden: 3 — 5 feet.
E. This will be a wet/dry pit operation. Dry .
F. Site entrance/exit points and County roads and bridges to be utilized between site and delivery
point(s)(must be coordinated with County Engineer) Entry points and pr i ma ry haul
routed shown on 'Access Information_ Sheet' included with this
submittal.
r
8. Description of reclamation
A. Proposed reclamation land use(s): general agriculture/wa r s orage
B. Source of technical advise for reclamation: Chenoweth & Associates (1993) + approved
plan of reclamation by DMG + Bradford Janes (19(47) + sr•s
C. Explanation of Reclamation Process: The application proposes to reseer1 1 ands
remaining above water to native grasses.
I hereby depose and state under the penalties of perjury that all statements, proposals and/or plans submitted with
or contained within this application are true and correct to the best of my knowledge.
Signatuf Owner/Authorized Agent
12
Varra Companies, Inc.
2130 South 96th Street, Broomfield, CO 80020 (303)666-6657 Fax Number (303)666-6743
Wednesday 30 April 1997
Kerri Keithley, Planner
Weld County Administrative Offices
1400 N. 17th Avenue
Greeley, Colorado 80631
Subject: Amended USR-248 - Revised submittal.
Dear Kerri:
As we discussed on Wednesday 23 April 1997, and further on Friday 25 April 1997,
submitted with this correspondence is a revised USR 248 with modifications to the original
submittal as follows [relative to the 'Submittal Checklist'].
U Original application form plus 24 copies. The 1993 submittal is included as well as a
current application form with original signature. The maps from the original 1993 Special
Review submittal were reduced, as you suggested, and are included at the back of each
packet.
Since the 1993 submittal already received staff comments and recommendations for
conditional approval from the Planning Commission, little remains for review. Regardless,
given the number of years that have passed since that time, it seemed appropriate to update
this submittal with information derived from a Technical Revision approved by the Colorado
Division of Minerals and Geology Office of Mined Land Reclamation [DMG] 3 September
1996.
To this end, Maps included in the DMG Technical Revision are submitted as an addendum
to the original submittal at the required 24"x36" format. Per your approval, scale was
maintained at 1" = 600', the same scale as the June 1996 aerial photograph, which acted as
the data base for the map features.
The map updates information required under the 'Vicinity' Map, but also updates a portion of
the former operating plan. Essentially, the area of concern is an approximate 80 acre parcel
of land that will be extracted in one phase. Material will be transported internally, across the
northern boundary of the Von Ohlen property to the plant site located at the Western end of
the Dakolios Pit, both of which are located west of the Amendment 2 Area. This will serve
several benefits, specifically, reduced impacts related to traffic and noise.
The map shows existing water bodies for all portions of the Del Camino Pit, except that the
water body shown for the Amendment 2 Area is hypothetical. The actual dimensions of the
pond will vary from what is shown. Shoreline irregularities are typified by the map. Unlike
the 1993 submittal, the revised map focuses on the 80 acre parcel to be added to the
2
previous 155 acres approved by Weld County in 1985. The 155 acres is under reclamation
and pending release by the DMG. Contour intervals of 10 feet were not commented on in
the 1993 submittal, and remain unchanged in the reduced versions. It is my understanding
from our last conversation that establishment of 5 foot contour intervals are not necessary for
this submittal.
The revised vicinity map also updates surrounding land ownership and approximate location
and number of residences within one-half mile of the operation. Other features not shown
were previously addressed in the 1993 submittal, but the map can be revised to reflect any
additional information needed based upon planning staff review and recommendations.
Some of the issues pending from Staffs conditional approval comments included the need
for a Flood Plain Permit. Since there are no critical or permanent structures planned, please
consider a review of what, if any, portions of the permit are necessary under this submittal.
The applicant agrees to anchor any temporary structures. All other material needed to fuel
and service equipment will be secured to mobile vehicles or other equipment. Stockpiles will
be minimal since material is extracted as pit run to the Dakolios plant where it is processed
and stockpiled. Since a pit is created, detention time for flood water is increased when it
intersects the site, and to that extent lowers flood effects by lowering peak flows down
stream from the point of intersection. The site is a substantial distance from St. Vrain Creek.
The U.S. Army Corps of Engineer's inspected the property on 17 March 1997 and
determined that the Amendment 2 portion of the site is not 'waters of the United States.'
Correspondence to that effect will be forwarded to your office upon receipt.
❑ 25 copies of the Special Review plat map (24 x 36). See above.
❑ One 8-1/2" x 11" reduced copy of the Special Review plat. See above.
❑ Original Special Review use questionnaire plus 19 copies. Contained in the original 1993
submittal along with the DMG limited impact permit, which was approved by the DMG.
❑ Original Weld County Road Access Information Sheet plus twenty-four (24) copies. Included
with this submittal.
❑ One copy of document showing evidence of adequate water supply (e.g., well permit or letter from
water district. This information will be provided upon completion of a formal Letter of Intent
and Master Plan already under consideration at the Office of the State Engineer.
❑ One copy of deed or legal instrument identifying applicant's interest in the property. Included
with this submittal.
❑ One copy of noise report, if required by Planning Department. Noise report shall be prepared by a
qualified noise expert. A noise report was not required in the previous submittal. Since
operations are directed downward and toward the rear of the property, operation noise
should not be adverse.
Correspondence of Wednesday 30 April 1997 from Bradford Janes, Varra Companies, Inc., to Kerri Keithley,
Weld County Department of Planning Services.
3
❑ One copy of soils report. Soils report available from Soil Conservation Service Office. The
original submittal addressed this concern under Exhibit I - Soils Information.
❑ One copy of affidavit and certified list of names and addresses of surface owners within 500 feet
of Special Review property. Information may be obtained from Weld County Assessor's Office, title or
abstract company, or an attorney. The information provided was obtained from the Assessor's
Office on 23 April 1997, and verified at the Clerk and Recorder's Office on 25 April 1997.
Supplemental information on easements was derived by contacting the Utility Notification
Center of Colorado on 24 April 1997.
❑ One copy of affidavit and certified list of names and addresses of mineral owners and lessees of
minerals. Information may be obtained from Weld County Assessor's Office, title or abstract company,
or an attorney. The information provided was obtained from the Assessor's Office on 23
April 1997, and verified at the Clerk and Recorder's Office on 25 April 1997. Supplemental
information on easements was derived by contacting the Utility Notification Center of
Colorado on 24 April 1997.
❑ $1,100.00 application fee. Waived due to previous payment for the 1993 submittal.
❑ $ 500.00 investigation fee, if required. Not required.
❑ Special Review plat recording fee ($11.00 a page). Will be complied with upon approval of
the submittal by the Planning Commissioners.
If you need further information or clarification, please do not hesitate to contact me. Thank -
you again for your time and kind assistance.
Sincerely,
Bradford nes,
Professions Forester
enclosures.
cc. Christopher L. Varra, President
Varra Companies, Inc.
BLJ/blj
Correspondence of Wednesday 30 April 1997 from Bradford Janes, Varra Companies, Inc., to Kerri Keithley,
Weld County Department of Planning Services.
Road File 11
RE:
Other Case No.
APPENDIX B
WELD COUNTY ROAD ACCESS INFORMATION SHEET
Weld County Public Works Department
933 North 11th Avenue, P.O. Box 758, Greeley, CO 80632
Phone: (970 )356-4000, Ext. 3750 Fax: (970) 352-2868
1. Applicant Name Varra Companies, Inc .
Address 2130 q-. 96th Street
Date: 25 April 1997
Phone (303) 666-6657
City Broomfield State CO Zip 80020
2. Address or location of access Weld County Roads 26 and 15 (see below) .
Section 31 Township 3 North Range 67 West
Subdivision none — rural location Block N/A Lot N/A
Weld County Road // below. Side of Road below. Distance from nearest intersection see below.
3. Is there an existing access to the property? Ycs X No // of accesses 3 from County roads.
4. Proposed Usc:
❑ Permanent O Residential/Agricultural ❑ Industrial Sand & Gravel
Temporary O Subdivision O Commercial {7 Other Extract i on
5. Site Sketch
Legend for Access Description:
ARG = Argricultural
RES = Residential
O&G = Oil Sc Gas
D.K. = Ditch Road
1) ARG = 2550' to intersection
2) RES = 300' to intersection
3) O&G = 1250' to intersection
4) Access from DMG Amendment 1 site.
5) Access from DMG Von Ohlen site.
NOTE: Primary movement of material
during extraction will utilize
access point #5 going West along
the North boundary of the Von Ohlen
site to the existing Dakolios plant
identified as point #6.
vii'
i.
***********************s*************************,*4*4*****************************************************
OFFICE USE ONLY:
Road ADT Date Accidents Date
Road ADT Date Accidents Date
Drainage Requirement
Culvert Size Length
Special Conditions
***********************************************************************************************************
O Installation authorized O Information Insufficient
Reviewed By:
Title:
m:wpfilcs\engineer\acccss
SAND & GRAVEL MINING LEASE
1. PARTIES. The parties to this Lease are HAROLD E. NELSON and LAVERNA
J. NELSON ("Lessor") and VARRA COMPANIES, INC., a Colorado corporation
("Lessee").
2. RECITALS AND PURPOSE. The Lessor is the owner of real property in
Weld County, Colorado, described on Exhibit A. Lessee operates sand,
gravel and associated activities and desires to lease the property
described on Exhibit A from the Lessor for the purpose of mining sand,
gravel, topsoil and their constituents, and conducting its associated
activities. The Lessor desires to lease the property to the Lessee upon
the terms and conditions hereinafter set forth.
Therefore, the purpose of this Lease is to set forth the terms and
conditions of the Lease between the parties.
3. CONSIDERATION. This Lease is executed by the parties for and in
consideration of the royalties, terms, covenants, conditions and agree-
ments of the other party as herein set forth. Each party agrees that the
consideration given is good, valuable and sufficient.
4. LEASED PREMISES. The property subject to this Lease consists of the
real property described on Exhibit A, which is hereinafter referred to as
the "premises."
5. TERM. The term of this Lease shall be for ten years, beginning on
the date hereof and ending on the tenth anniversary. All obligations of
the Lessee with respect to the reclamation of the leased premises shall
be completed within the term of the Lease.
6. USE AND POSSESSION OF THE PREMISES. The Lessor hereby grants to the
Lessee the exclusive right to prospect, mine and remove sand, gravel,
topsoil and other minerals and associated materials from the premises
during the term of this Lease. Furthermore, the Lessee shall have the
right to conduct related and incidental activities in association with
its mining operation. The Lessee shall be entitled to possession of that
portion of the leased premises necessary for conducting its mining
operations and shall further be permitted to use a reasonable amount of
the surface of the property for related activities, including, but not
limited to the construction of scale houses and offices, the installation
of scales, the maintenance of stockpiles, crushing facilities, screening
facilities and washing plants, a concrete batch plant, an asphalt hotmix
plant, and equipment parking, maintenance and storage facilities. The
Lessee shall not make any use of the property which is contrary to
applicable zoning regulations or contrary to the provisions of any
permits issued. Lessee's possession of the leased premises is expressly
subject to existing roads and ditches and existing oil and gas leases and
rights and obligations relating thereto. Lessor agrees to consent to any
reasonable rezoning not detrimental to the value of its property. The
Lessor reserves the right to use all portions of the leased premises not
necessary for the Lessee's activity and the Lessor shall at all times
have the right of access to the areas being used by the Lessee for
purposes of inspection. In the event the Lessor uses the surface for the
grazing of livestock, the Lessor will be responsible for fencing live-
stock out of the area where mining and related operations are taking
place and the Lessee will not be responsible for injuries suffered by
livestock in the area where mining operations are being conducted. The
Lessor shall not engage in any activity, including the running of
excessive irrigation water, through or near to Lessee's operations as to
unreasonably interfere with Lessee's operations.
Upon termination of the Lessee's right to possession of the premises,
upon request by the Lessor, the Lessee shall give to the Lessor a
quitclaim deed or other appropriate document relinquishing all interest
in the leased premises. Any sand and gravel removed from its natural
state and stockpiled shall be the property of Lessee, subject to the
payment of royalty upon removal from the Property. All material shall be
removed within the time for completing reclamation and any material not
removed within that time shall be forfeited to the Lessor.
Lessee expressly agrees to mine the premises in an orderly fashion,
removing all commercially saleable sand and gravel from areas being mined
before moving to another area. The Lessor's intent is that the Lessee
remove all sand and gravel to its full depth on all property where mining
is commenced and not to waste sand or to use it to backfill excavations,
unless otherwise agreed to in writing by the Lessor.
7. ROYALTY.
a. As consideration for this Lease, the Lessee agrees to pay to
the Lessor a royalty for all sand and gravel (which may include as
much topsoil as is necessary to market gravel products and/or to
bring sand and gravel products to acceptable specifications) removed
from the premises equal to 35 cents per ton. The royalty shall be
adjusted upward annually, with the first adjustment to be made on
the anniversary of this Lease in 1986, by a percentage which shall
be the percentage increase in the Consumer Gravel Index over the
previous year.
b. The Lessee further agrees to pay to the Lessor a royalty of 25%
of the proceeds of all gold or other precious metals, sold from the
premises, provided, however, that the Lessee shall be under no
obligation to conduct any special activities for the recovery of
precious metals.
c. Topsoil, other than that required to market gravel products
and/or to bring sand and gravel to acceptable specifications, shall
be sold only with Lessor's prior consent and the Lessor shall be
paid a royalty of 10% of the sales price.
d. Royalties for sand and gravel shall be due and payable in
arrears on or before the 10th day of the second month after the sand
and gravel removed from the premiseshas been sold (for example, the
royalty for sand and gravel removed from the premises sold in
January shall be due and payable on or before March 10). The amount
of material removed shall be based upon weight and Lessee shall
weigh all material removed from the premises. In order to permit
the Lessor to verify the amount of material removed, the Lessee's
2
ft
books and records relating to its activities under this Lease shall
be open to inspection by the Lessor, or its representatives,at all
reasonable times provided that the inspection shall be conducted at
the Lessor's sole expense and shall not unreasonably interfere with
the Lessee's ongoing business activities. If an inspection of the
Lessee's books and records shows that prior royalty payments were
inaccurate, adjustments and payments shall,be made by the Lessor or
the Lessee, as the case may be, within 6/Q1ays after the review of
the Lessee's books and records or afte"eceipt of such survey to
correct royalty payments.
e. Royalties for precious metals or other materials removed from
the premises shall be paid as sales occur.
f. The Lessee shall pay, as advance royalty, the sum of $10,000.00
simultaneously with the execution of this Agreement. The advance
royalty shall be credited against royalties in excess of $17,500.00
due annually. In the event the mining permits are denied, the
advance royalty previously paid shall be refunded to the Lessee.
g. The Lessee further guarantees minimum royalties of $12,000.00
for each year during the term of this Lease (years will consist of
12 calendar months beginning on the date of this Lease issued and on
each anniversary thereafter). If, at the end of any year, royalties
paid to the Lessor, including advance royalties credited, are less
than the minimum royalty, Lessee shall pay the difference to the
Lessor with the following month's royalty payment.
h. Lessee shall be entitled to sell and remove from the
premises all sand and gravel for which royalties have been paid
without payment of additional royalties and without affecting
royalty rates for subsequent years. For example, if in year one
following issuance of permits, the Lessee sells and removes less
gravel than he is entitled to remove based upon the $1.x,400.00
minimum royalty, the Lessee shall be entitled to sell and remove the,
remainder of the material to which it is entitled by virtue of
having paid the minimum royalty, in subsequent years without
additional royalties being due and the material previously paid for
shall not be considered as production during the subsequent year.
8. PERMITS. The Lessee agrees to apply for all permits necessary to
obtain legal permission to conduct its operations and shall submit
applications for permits to Weld County and the State of Colorado within
120 days after the signing of this Lease. Thereafter, the Lessee agrees
to pursue the approval of such applications with reasonable diligence.
Lessor shall cooperate in all efforts to obtain permits.
All costs relating to the application shall be paid by the Lessee. All
information gathered and work product developed by the Lessee shall be
available for review and inspection by the Lessor.
9. RECLAMATION OF AREA TO BE MINED. As part of the permit process
described in the preceding paragraph, the Lessee will be required to
prepare a plan of reclamation for the area to be mined. The Lessee
agrees to consult with the Lessor in the preparation of the reclamation
3
plan and, to the extent economically practical, to incorporate features
in the plan desired by the Lessor. The Lessor may not unreasonably
reject the plan but may regqm�'re reasonable alterations in the plan so
long as the alterations for;;qt increase the cost to the Lessee of
carrying out the plan. If th 'Lessor rejects the plan as submitted, the
Lessee may promptly rescind this Agreement or submit further plans. If
the rejection was unreasonable and, therefore, in violation of this
Lease, the Lessee may also pursue such other remedies as may be available
to it. The reclamation plan agreed upon by the parties, and as finally
approved by the various regulatory agencies reviewing it during the
permit process (and the Lessor agrees to consent to the reasonable
alterations required by such agencies) shall be signed by the parties and
shall thereafter be complied with by the Lessee and at the Lessee's
expense. The reclamation of the property shall be completed in accor-
dance with the reclamation plan within one year from the date of comple-
tion of mining.
10. WATER RIGHTS. The Lessor will provide any ditch or water rights
which are required to compensate other water users for the effect of the
mining operation or reclamation plan upon water rights of others. The
Lessee will not be responsible to the Lessor, or its tenants, successors
or assigns, for any injury to land, livestock or crops resulting from a
lowering of the water table during mining operations or thereafter. The
Lessor further agrees to provide reasonable quantities of raw water, when
available, as needed for Lessee's processing activities and for dust
control.
11. INSURANCE. At all times that Lessee is in possession of the
premises, it will maintain in force a public liability and property
damage insurance policy naming the Lessor as an insured and having limits
of not less than $1,000,000.00 per accident for personal injury and
$500,000.00 property damage.
12. MERCHANTABLE TITLE. The Lessor agrees to furnish an abstract of
title, certified to date, or a title insurance commitment showing that
the Lessor has good and merchantable title to the sand and gravel in, on
and under the premises, and the right to allow the Lessee to mine it. The
Lessor further agrees to obtain the consent of lienholders, if such
consent is determined by Lessee to be required. The abstract, if
furnished by the Lessor, shall remain the property of the Lessor, but
will be made available to the Lessee at any time and from time to time
during the term of this Lease.
13. ACCESS TO THE PREMISES. The Lessee shall have the right to use all
existing roads and railroad crossings for access to the premises. The
Lessor agrees to obtain written approval of other persons entitled to use
these roads or railroad crossings for the Lessee's use.
14. INDEMNITY AGAINST CLAIMS OF OTHERS. The Lessee shall fully indem-
nify and hold the Lessor harmless from any demand, claim or cause of
action for personal injury, death or property damage brought against the
Lessor by a person or entity not a party hereto and not a successor,
assignee, grantee, employee or tenant of the Lessor, arising out of or
connected with any operations or activities conducted or performed
4
hereunder by the Lessee or its successors, tenants, agents, employees, or
assigns. As an aid to understanding the foregoing language, it is stated
that the indemnity is not intended to protect the Lessor or the Lessor's
successors, assigns, grantees, employees or tenants from the consequences
of the mining operations contemplated herein, but rather is intended to
protect the Lessor against litigation and claims brought by unrelated
parties and arising out of those operations. The obligation to indemnify
shall not include payment of the Lessor's attorneys' fees to long as the
Lessee provides competent counsel to represent the Lessor in the action.
The Lessee shall have full control of any litigation covered by the
indemnity, with right to settle or compromise, and the Lessor shall
cooperate fully in any such litigation, settlement or compromise. The
Lessor shall give the Lessee written notice of the assertion against the
Lessor of any matter covered by the indemnity, promptly after such
assertion is first made. Nothing in this paragraph shall diminish the
Lessor's express obligations contained under other paragraphs of this
Lease.
15. TAXES AND ASSESSMENTS. The Lessor shall be responsible for the
payment of all real property taxes and assessments levied during the term
hereof and for all assessments on ditch and water rights associated with
the premises. The Lessee shall pay, before they become delinquent, all
taxes and assessments levied against personal property owned or leased by
it, all sales or inventory taxes and all payroll taxes relating to its
operations on the premises.
16. NOTICES. Any notice required or permitted by this Agreement shall
be in writing and shall be deemed to have been sufficiently given for all
purposes if sent by certified or registered mail, postage and fees
prepaid, addressed to the party to whom such notice is intended to be
given at the address set forth below, or at such other address as has
been previously furnished in writing, to the other party or parties. Such
notice shall be deemed to have been given when deposited in the U.S.
Mail.
17. INTEGRATION AND AMENDMENT. The parties agree that this Agreement
represents the entire agreement between them and that there are no oral
or collateral agreements or understandings of any kind or character
whatsoever except those set forth herein. Neither this Agreement nor any
term or provision hereof, may be changed, waived, discharged or termin-
ated orally, or in any manner other than by instrument in writing signed
by the parties. In the event that any term or provision of this Agree-
ment shall be held invalid or unenforceable, no other provision of this
Agreement shall be affected by such holding, and all of the remaining
provisions of this Agreement shall continue in full force and effect.
18. BINDING EFFECT AND ASSIGNMENT. This Agreement shall inure to the
benefit of, and be binding upon, the parties, and their respective legal
representatives, successors and assigns. The Lessee shall have the right
to assign this Lease provided, however, that no assignment shall relieve
the Lessee of its obligations hereunder.
5
DATED: /
/
LESSEE:
VARRA COMPANIES, INC., a Colorado
corporation
STATE OF COLORADO )
) ss.
COUNTY OF BOULDER )
LESSOR:
r
4 -
Harold E. Nelson'
La1erna J. Nelson
Subscribed and sw)orn to efore me this / 7 day of d
19 S; by//L/o.i as President o
panics, Inc.
Witness my hand and official seal.
My commission expires • i`ry U� i u LX res 'r D. 1,
a hite,:zz,
No r ublic
STATE OF COLORADO )
) ss.
COUNTY OF BOULDER )
Subscribed and sworn to before me this / day of
19 ej , by Harold E. Nelson and LaVerna J. Nelson.
Witness my hand and official seal.
r nes Feb. 1, 193'9
My commission expires:
WHG:mj
•
-Le /7:-La22 j,
9
EXHIBIT A
TO: SAND AND GRAVEL MINING LEASE
DATE: _ ___
LESSORS: Harold E. Nelson and LaVerna J. Nelson
LESSEE: Varra Companies, Inc.
The premises consist of that part of the NE1/4 of Section 31, Township 3
North, Range 67 West of the 6th P.M., Weld County, Colorado owned by
Lessors. Mining shall be completed on that part lying north of the St.
Vrain Creek before mining is commenced south of St. Vrain Creek.
MEMOF 'DUM OF AMENDMENT TO SAND & GRA`'
MINING LEASE
NAME AND ADDRESS OF LESSOR
HAROLD & LAVERNA J. NELSON
11955 WELD COUNTY ROAD #15
LONGMONT, COLORADO 80501
AMENDMENT TO ITEM #5 (TERM OF LEASE)
NAME AND ADDRESS OF LESSEE
VARRA COMPANIES, INC.
A COLORADO CORPORATION
2130 SOUTH 96TH STREET
BROOMFIELD, COLORADO 80020
This agreement for good and sufficient consideration by which the original
Agreement of the parties is being amended to provide for an extension of term
of original lease which is February 13, 1985 thru February 12, 1995 a period
of ten years. Lessee requests an additional term of ten years extending
from February 13, 1995 thru February 12, 2005. By signatures of Lessor & Lessee
this extension is consumnated.
All other terms and conditions shall remain the same as set forth in the
original Sand & Gravel Mining Lease.
DATED: na1.'
LESSEE
✓,l
/g; , 1989
VARRA COMPANIES, INC., a Colorado
Corporation
AAL
PRESIDE
STATE OF COLORADO
COUNTY OF BOULDER
)ss.
Subscribed and sworn to before me this //71- day of ) cG 6c=
1989, by e. VARRA as President of Varra Companies, Inc.
C�L'-G4�1
LESSOR:
"HAROLD E. NELS N
LAVERNA J. NELSON�
Witness my hand and official seal.
My commission expires: IOM?/9a--
STATE OF COLORADO
COUNTY OF BOULDER
Subscribed and sworn to before me this ..' day of /kti
1989, by Harold E. Nelson and LaVerna J. Nelson.
Witness my hand and official seal.
My commission expires: e
)ss.
)
Oflt-It-^!
Notary Publ
1
atic,[-L.,
/I/
Notary public
\
I
•
m
DEL CAMINO PIT
VARRA COMPANIES, INC.
WELD COUNTY. COLORADO
■ ■
1
dL
\l�
DEL CAMINO PIT
VARRA COMPANIES, INC.
WELD COUNTY, COLORADO
VARRA COMPANIES, INC
SAND & GRAVEL MINE
WELD COUNTY USE BY SPECIAL REVIEW PERMIT
AND
MINED LAND RECLAMATION DIVISION
MEND PERMIT APPLICATION NO.1
WELD COUNTY, COLORADO
PREPARED BY:
CHENOWETH & ASSOCIATES
1 e
11730 WADSWORTH H ULE VR
i
'L BROOMF ELD, COLORADO 80020
Chenoweth
Associates
environmental
consultants
11730 Wadsworth Blvd.
Broomfield, CO 80020
(303) 469-1986
FAX (303) 465-2478
February 8, 1993
Mr. Keith Schuett
Weld County
Department of Planning Services
915 10th Street
Greeley, CO 80631
Re: Varra Companies, Inc., Nelson Property
Dear Keith:
Enclosed is the Use by Special Review Application, pertaining to the Nelson
property, for Varra Companies, Inc. This application expands the existing
operations permitted through Mined Land Reclamation Division Amended
Application No. SUP 248. Operations on the Nelson property (Amended
SUP 248) are adding 80 acres to the SE 1/4 of Section 31, Township 3 North,
Range 67 West.
Please call- with any questions or comments.
Sincerely,
David R. Chenoweth
President
DRC/eaw
C: \WP51 \CHN&ASSO\V ARRA\FORWARD. LTR
VARRA COMPANIES, INC.
SAND & GRAVEL MINE
WELD COUNTY USE BY SPECIAL REVIEW PERMIT
WELD COUNTY, COLORADO
FEBRUARY 1993
PREPARED BY:
CHENOWETH & ASSOCIATES
11730 WADSWORTH BOULEVARD
BROOMFIELD, COLORADO 80020
WELD COUNTY, COLORADO
USE BY SPECIAL REVIEW APPLICATION
for
MINING PERMIT
Weld County Department of Planning Services, 915 10th Street, Greeley,
Colorado, Phone 356-4000, Extension 4400
For Department of Planning Services Use Only Case Number:
Date Application Received: PC Hearing Date:.
Section: , Township:
Zoning District:
Recording Fee:
Recording Fee Receipt #:
Application Reviewed By:
North, Range: West
Permit Fee:
Receipt Number:
To be completed by APPLICANT in accordance with procedural guide
Requirements:
1. I (we), the undersigned, hereby request a hearing before the Weld
County Planning Commission concerning a proposed gravel
(gravel, coal, borrowpit, etc.) mining operation for the following
described unincorporated area of Weld County:
LEGAL DESCRIPTION
NE 1/4 and the E of the SE of Section 31 Township
3 North and Range 6.7 West
TOTAL ACREAGE:
2. Surface owner(s) of area of land described
Name: Harold E. Nelson Address: 71955 we'd Cry Rd 15
Name: LaVerna Nelson Address: 11955 Weld Cty Rd 15
3. Owner(s) of mineral rights to substance to be mined
Name: Harold E. Nelson Address: 11955 Weld Cty Rd 15
Name: LaVerna Nelson Address: 11955 Weld Cty Rd 15
235
Phone:
Phone:
Phone:
Phone:
4. Source of applicants' legal right to enter and to mine on the land
• described: See attached letter from Harold E. Nelson - Exhibit A
(Attached certified copy of any document noted to the back of this form)
5. Address of applicant and general office
Applicants address: 2130 South 96th St, Broomfield Phone: 666-6657
General Office address: same as above Phone: same
6. Identify any prior permits for mining held by applicant or affiliated
person: Varra's Permit # Amended SUP 248 and USR 616
ATTACHMENT A
LEGAL RIGHT TO ENTER
The operator has the legal right to enter this pit as indicated by the following
ceritfication.
We certify that Varra Companies, Inc. has our permission to operate in the amended
area. Varra Companies, Inc. has the legal right to enter and mine sand and gravel on the
property described below:
The NE 14 and the E 1/ of the SE 1/, of Section 31, Township 3
North, and Range 67 West,
7
arold BA fn La erna Nelson
Signed and sworn to me this 14th day of Jan' , 1g93
Jan. 14, 1993 `y% 7/�/ e-
le2-7.-k
Date Notary Public �1
8-20-96
My commission expires
C:\WP31\CHNAAJS4\VAJA\ATTAC HA
THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD
RIGHT-OF-WAY. IN THE EVENT THE PROPERTY UNDER CONSIDERATION IS NOT ADJACENT TO
A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY, THE APPLICANT SHALL POST ONE SIGN IN THE
MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH
THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY.
PLANNING COMMISSION 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 10 DAYS
BEFORE THE PLANNING COMMISSION HEARING FOR CASE # THE
SIGN WAS POSTED BY:
NAME OF PERSON POSTING SIGN
SIGNATURE OF APPLICANT
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
SUBSCRIBED AND SWORN TO ME THIS DAY OF , 19
SEAL
NOTARY PUBLIC
MY COMMISSION EXPIRES
LAST DAY TO POST SIGN IS: , 19
PLEASE RETURN THIS FORM TO THE DEPARTMENT OF PLANNING SERVICES' OFFICE ON OR
BEFORE THE DATE OF THE HEARING.
THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICLY MAINTAINED ROAD
RIGHT-OF-WAY. IN THE EVENT THE PROPERTY UNDER CONSIDERATION IS NOT ADJACENT TO
A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY, THE APPLICANT SHALL POST ONE SIGN IN THE
MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH
THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICLY MAINTAINED ROAD RIGHT-OF-WAY.
BOARD OF COUNTY COMMISSIONERS 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 10 DAYS
BEFORE THE BOARD OF COUNTY COMMISSIONERS HEARING FOR CASE #
THE SIGN WAS POSTED BY:
NAME OF PERSON POSTING SIGN
SIGNATURE OF APPLICANT
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
SUBSCRIBED AND SWORN TO ME THIS DAY OF , 19
SEAL
NOTARY PUBLIC
MY COMMISSION EXPIRES
LAST DAY TO POST SIGN IS: , 19
PLEASE RETURN THIS FORM TO THE DEPARTMENT OF PLANNING SERVICES' OFFICE ON OR
BEFORE THE DATE OF THE HEARING.
General Vicinity Map
Please see the following page for Exhibit B-1, the general vicinity map.
4
I
I
I
I
I
I
SCALE: 1'2000' EXHIBIT B -I
e
U
Extraction Plan Map
Please refer to the Pre -Mining and Mine Plan Map (Map C-1) at the end of the
document.
Varra Companies, Inc.- Use by Special Review Application
Application Requirements
a. The proposed mine plan is consistent with the Weld Country Comprehensive Plan since
mining is economically feasible. Publications by the Department of the Interior, United
States Geological Survey, prepared in cooperation with the Colorado Geological Survey,
have prepared maps and descriptions of gravel areas along the front range which include
the proposed amended permit area.
b. The proposed expanded mine plan area is consistent with the intent of the district, since
this is an amendment to the present operation. Mining is also in progress in numerous
other areas along the St. Vrain Creek.
c. All of the land areas within the amendment boundary contain marginally productive
agricultural land. Restrictive soil features such as texture and alkalinity levels categorize
the land as marginal pasture.
d. The operation provides for the protection of the area and county's inhabitants through
distance from the nearest inhabitants, fencing, perimeter berms (made from overburden
and topsoil) and restrictive gates.
e. The area surrounding the permit area is used for gravel mining. The soil's physical and
chemical conditions improve, as the distance from the flood plain increases, in support
of agricultural endeavors. Mining and agriculture have been compatible in the
geographic area for many years.
f. Future uses of the area are limited to those compatible with a flood zone; i.e, agriculture,
wildlife habitat, open space, or mining.
g.
While the permit area is located within the 100 -year floodplain area, it does not lie within
a geologic hazard area or airport overlay area. The proposed post -mining land use of
water resources (lakes) allows this site to function as a flood control structure.
Application Requirements Page 2 of 2
h. Water supply will be from a well permitted by Harold E. Nelson. The well produces 15
gallons per minute.
i. The applicant's interest in the property is documented in the attached letter, illustrated
as Attachment C.
J
Varra Companies, Inc. respectfully requests that the County waive the requirement of a
noise report, since it was not required in the 1985 amendment.
ATTACHMENT C
APPLICANT'S INTEREST IN THE PROPERTY
The operator is granted the legal right by the property owners to mine this pit as
indicated by the following certification.
We certify that Varra Companies, Inc. is the interested applicant. Varra Companies, Inc,
is granted the legal right to minc sand and gravel on the property described below:
The NE I4 and the E 3h of the SE 1/4 of Section 31, Township 3
North, and Range 67 West.
Harold E. Nelson LaVerna Nelson
Signed and sworn to me this 14th day of
Jan. 14, 1993
Jan. _, 19 93
Date Notary Public
8-20-96
My commission expires
C:\WP31\C8NAASSOWARYA\ATrACSC
Operation Policies
a. This will be a dry mining operation. Each phase will be dewatered prior to
commencement of that phase. Phase 1 will begin at the northwest end of the property
and proceed southwest into Phase 2.
Topsoil will be stripped by scrapers or end loaders and stockpiled at the location shown
on the northwest corner of the Pre -Mining and Mine Plan Map (Map C-1) located at the
end of the document. Sufficient topsoil will be salvaged to allow for a replacement depth
of eight (8) inches. Phases 3 through 6 will proceed with the same operation policies.
No gravel processing will take place on site during the phases. Materials will be
excavated with a backhoe, scraper or bulldozer and hauled to the existing plant site at the
adjacent Dakolios Construction Company Pit, operated by Varra Companies, Inc. Pit.
The ditch which runs west to northwest is no longer in use. Permission has been granted
for it removal, as the head gate went out years ago and the river has changed course.
The mine plan does not include mining within a minimum of 50 feet of any adjacent
property line, easement, or irrigation ditch. Nor is there any mining within 125 feet of
any existing buildings.
Operations are expected to last fifteen to twenty years. The size and location of each
phase is shown on the Pre -Mining and Mine Plan Map (Map C-1). The mining time
table is listed below in Table A-1. The maximum depth of mining will be approximately
20 feet. The disturbances associated with each phase of mining are classified in Table
A-2 as major, moderate, and minor disturbances.
TABLE A-1
PHASE MINING ESTIMATED TIME RECLAMATION ESTIMATED TIME
1 Completed
2 In Process
3 4 years
4 2 years
5 2 years
6 3 years
Completed.
Start reclamation Phase 1 in Year 2.
Start reclamation Phase 2 in Year 2.
In Process.
Start reclamation of Phase 3
immediately. Start reclamation Phase
4 at end of Phase 5 mining.
Start reclamation of Phase 5 in Year
2 of Phase 6 mining. Start reclamation
of Phase 6 immediately upon
completion of mining. Phase 6 may
not be mined.
Operation Policies Page 2 of 3
TABLE A-2
TYPE AND AREA OF DISTURBANCE
MAJOR DISTURBANCES
Mined Area
Topsoil and Overburden Stripped Areas
Topsoil and Overburden Stockpiles
5 acres
9 acres
1 acre
MODERATE DISTURBANCES
Backfilling and Grading 1 acre
MINOR DISTURBANCES
Final Grading
Seeding, Mulching, and Planting
2 acres
2 acres
b. The operation of this sand and gravel mine will be during daylight hours, except for
emergencies or repairs to mining -related equipment. This restriction does not apply to
administrative operations located within the permit area.
c. Noxious weeds will be controlled by mowing or application of herbicides.
d. Trees, shrubs and ground cover will be preserved around public road frontage and
drainageways. These drainageways are shown on the Reclamation Plan Map (Map E-1).
Three (3) long narrow water impoundments exist. They are interconnected by culverts
or ditches and drain into the St. Vrain Creek.
e. Access routes to the permit area do not primarily serve any residential developments.
Therefore, the routing of vehicles will not conflict with any surrounding residents.
f. All access roads from the permit area to county roads will be paved or treated as required
to control fugitive dust within a quarter ('4) mile area of a county road.
g.
Weld County may review excavation of certain areas prior to commencement to determine
the need for special fencing requirements.
Operation Policies Page 3 of 3
h. The mining and reclamation plan addresses stripping, stockpiling and replacement in
sufficient quantities to accomplish revegetation of shoreline areas. Three (3) different soil
mapping units occur within the permit area: Altvan loam, Aquolls and Aquents, and
Heldt silty clay. The surface layer of these soils averages 7-10 inches. The entire solum
averages 25-30 inches. However, for the purposes of seedbed quality material, only eight
(8) inches of the surface layer will be salvaged. The Pre -Mining and Mine Plan Map
(Map C-1) at the end of the document illustrates the locations of topsoil and overburden
stockpiles. Topsoil stockpiles left in place for more than one growing season will have
temporary erosion control applied in the form of a quick germinating seed mix.
All facilities and equipment will comply with conditions set out by the planning
Commission or the Board of County Commissioners. The processing facilities illustrated
on the Dakolios Pre -Mining and Mine Plan Map (C-1) will process all material mined
from the Varra permit area. The equipment listed in Table B will be used for topsoil and
overburden stripping and replacement, and for the transportation of sand and gravel to the
Dakolios processing plant.
TABLE B
EQUIPMENT LIST
BRAND EQUIPMENT TYPE
CAT Scrapers - 637 2
CAT Dozers - D-8 1
Lieber Backhoe - 965 1
J.
An insurance certificate showing sufficient insurance coverage by Varra Companies, Inc.
is provided on Attachment B.
k. Protection of vested and conditional water rights is an integral part of the Operations
Plan. Any damage to such waters will be corrected by an Augmentation Plan. The
Augmentation Plan has been submitted for review to the State Water Engineer.
Reclamation Policies
a. Six (6) ponds are to be constructed as part of the reclamation plan and cover the north
and south banks of St. Vrain Creek. One pond is complete and five more are to be
constructed. The proposed structures will not alter the drainage pattern; if any effect is
present, it will improve the overall drainage pattern. The ponds constructed from the
proposed pits will act as flood retarding structures, thereby reducing the potential flood
hazard. The ponds will be able to absorb and retain flood water velocity which would
otherwise be experienced by downstream structures and residents. Creation of the ponds
should increase the aesthetic quality and wildlife habitat of the proposed area. The
reclamation is to be a contemporaneous procedure throughout the life of the mine and is
scheduled according to Table A-1.
The landscape features of the reclamation plan will revegetate the surroundings with
native and introduced grasses. Temporary revegetation of any topsoil stockpiles which
are left in place for more than one season will be seeded with a mixture of quick
germinating species. Annual species such as annual rye, cereal grains, and perennial
long-lived species, such as crested wheatgrass, western wheatgrass, etc. will be used for
this temporary erosion control. All stockpiles seeded will also be mulched with straw,
hay or hydromulch. All shoreline and peripheral land areas will be fertilized, tilled,
seeded, hay/straw mulched and crimped. Prior to revegetation, topsoil will be tested to
determine fertility needs. If possible, seeding will be completed during the dormant
period: October 1 - March 15. The reclamation seed mixture includes the species Blue
grama, Switchgrass, Alkali sacaton, Western wheatgrass, Tall wheatgrass, and Vetch (v.
Americana) as seen in Table C. The seed mix was chosen for long lasting vegetative
cover. This type of reclamation is compatible with the site and the surrounding land area
in that this is a wetland site, and open space areas of this nature are common to the
region. This reclamation plan may also reduce the potential flood hazard. The shortage
of overburden and the naturally high water table makes it nearly impossible to backfill the
site without hauling in non-native waste material.
The post -mining grading plan allows for proper drainage of areas and placement of lakes
which will provide flood protection to adjacent floodplain areas. All final excavation will
be graded in compliance with the final reclamation plan, followed by revegetation to
accomplish an adequate vegetative cover for erosion control. Grading of the pond areas
will conform to a slope of 3:1 from five (5) feet above to ten (10) feet below the expected
waterline. A 2:1 slope will transcend to the bottom of the excavation. The land surface
adjacent to the ponds and up to the water's edge will be graded to a slope of 5:1 or
flatter. Topsoil on all shoreline areas, including the 3:1 skope, will be replaced to an
average depth of 8 inches. This is compatible with the average depth of A -horizons for
soils encountered during mining. Reseeding will incorporate the seed mix according to
Table C. Upon the completion of mining, the land will be left in a safe, stable condition.
See the Reclamation Plan Map (Map E-1) at the end of the document for details.
Reclamation Policies Page 2 of 2
SPECIES
Blue grama
Switchgrass
Alkali sacaton
Western wheatgrass
Tall wheatgrass
Vetch (v. Americana)
TABLE C
SEED MIXTURE
LBS. PLS/ACRE
.5
1.1
.19
4.0
2.2
2.5
SEEDS/FT.
7.8
9.8
6.1
10.1
4.0
1.9
Drawing Requirements
a. The Pre -Mining & Mine Plan Map (Map C-1) at the end of the document displays a plot
plan of the property for which application is made. The Pre -Mining & Mine Plan Map
(Map C-1) delineates the boundary lines of the Special Review Permit area.
b. The Pre -Mining & Mine Plan Map (Map C-1) exhibits one (1) existing stream, St. Vrain
Creek, three (3) existing ponds, and one pond resulting from completion of mining Phase
1. St. Vrain Creek transects the proposed area from east to west.
c. The size of the proposed pit areas are included below in Table D. The proposed pit areas
are on the southern bank of the St. Vrain Creek. The location of the proposed pit areas
are shown at the end of the document on the Pre -Mining and Mine Plan Map (Map C-1).
TABLE D
PHASE
1
2
3
4
5
6
SURFACE AREAS DISTURBED
50.7 acres
7.8 acres
22.1 acres
38.3 acres
24.2 acres
4.1 acres
d. The phases of the operation are listed above in Table A-1.
e. The location of stockpile areas are shown on the Pre -Mining and Mine Plan Map (Map
C-1). A major topsoil stockpile area is located on the east side of Phases 4 and 5.
Overburden stockpiles are located around most of the Phase 4 and 5 perimeter.
C: \WP51\CHN&ASSO\VARRA\SPECUSE.DOC
VARRA COMPANIES, INC.
SAND & GRAVEL MINE
AMENDMENT PERMIT APPLICATION NO. 2
WELD COUNTY, COLORADO
APRIL 1992
PREPARED BY
CHENOWETH & ASSOCIATES
11730 WADSWORTH BLVD.
BROOMFIELD, COLORADO 80020
REGULAR OPERATION (112)
RECLAMATION PERMIT
APPLICATION FORM
The application for a Regular Operation Reclamation Permit contains three major parts:
(1) the application form; (2) Exhibits A -S; and, (3) the application fee. When you
submit your application, be sure to include five (5) signed copies of the application
form , five (5) copies of Exhibits A -S, and a check for the application fee described
under Section (14) on Page 3. To expedite processing, please provide the information in
the format and order described 1n this form.
GENERAL OPERATION INFORMATION
Type or print clearly, in the space provided, all information described below.
1. Applicant/operator name: Varra Companies, Inc.
1.1 Type of organization (corporation, partnership, etc.):
Corporation
2. Operation name (pit, mine or site name): Varra Companies, Inc. Amendment ##2
2.1 I.R.S. Tax ID No. or Social Security No.: 84-0752000
3. Permitted Acres: 155
Please indicate acreage to the nearest tenth (10th) acre.
3.1 Application fee (see Section 14): $1550
Permitted acres
Application fee
4. Substance(s) to be mined (e.g., gravel/gold/borrow): Sand & Gravel
5. Name of owner of surface of affected land: Uarold E. & LaVerna Nelson
6. Name of owner of subsurface rights of affected land: Narnld E. & LaVerna Nelson
If 2 or more owners, refer to Exhibit P.
7. Type of mining operation: �� Surface Underground
8. Location Information: the center of the area where the majority of mining will
occur lies in:
COUNTY: Weld
PRINCIPAL MERIDIAN (check one): x 6th (Colorado) _ 1Oth (New Mexico) Ute
TOWNSHIP (write number and check direction): T 3 x North South
RANGE (write number and check direction): R 67 _ East x West
SECTION (write number): S
QUARTER SECTION (check one): 21N _ NW _� SE _ SW
QUARTER/QUARTER SECTION (check one): _ NE _, NW _ SE _, SW
GENERAL DESCRIPTION:
(miles and direction one mile lout ofColoraan Hichwav 66 nff
from nearest town and
approximate elevation)
Weld County Road 13
-2-
9. Correspondence Information:
• APPLICANT/OPERATOR (name, address, and phone of name to be used on permit)
Individual's Name: Chris Varra
Company Name: Varra Companies, Inc.
Street: 2130 S. 96th Street
City: Broomfield
State: Colorado Zip Code: 80020
Area Code: 303 Telephone: 666-6657
PERMITTING CONTACT (if different from applicant/operator above)
Individual's Name: David R. Chenoweth
Company Name: Chenoweth & Associates
Street: 11730 Wadsworth Blvd.
City: Broomfield
State: Colorado Zip Code: 80020
Area Code: 303 Telephone: 469-1986
INSPECTION CONTACT
Individual's Name: Chris Varra
Company Name: Varra Companies, Inc.
Street: 2130 S. 96th Street
City: Broomfield
State: Colorado Zip Code: 80020
Area Code: 303 Telephone: 666-6657
CC: STATE OR FEDERAL LANDOWNER (if any)
Agency:
Street:
;City:
State: Zip Code:,,
Area Code: Telephone:
CC: STATE OR FEDERAL LANDOWNER (1f IMO
Agency:
Street:
City:
State: Zip Code:
Area Code: Telephone:
-3-
1O. Primary future Cropland(CR) Pastureland(PL)
• (Post -mining) _ Rangeland(RL) _ Forestry(FR)
land use Residential(RS) Recreation(RC)
(check one): _ Developed Water Resources(WR)
11.
Primary present
land use
(check one):
Cropland(CR) _ Pastureland(PL)
_ Rangeland(RL) _ Forestry(FR)
Residential(RS) Recreation(RC)
_ Developed Water Resources(WR)
12. Method of Mining: _ Quarry (OR)
alMINIMM
x General Agrlculture(GA)
Wildlife Habitat(WL)
Industrial/Commercial(IC)
Solid Waste Disposal(WD)
X General Agrlculture(GA)
_ Wildlife Habitat(WL)
Industrial/Commercial(IC)
Solution (SO)
12a. Other: Briefly explain mining method (e.g. Placer, truck/shovel).
Conventional Gravel Pit
13. On Site Processing:
14. Application Fee:
The application fee for quarry mining is $2,325.
The application fee for solution mining or any chemical or thermal processing
is $3,100.
_ Solution (SO) Chemical (CH) __Thermal (TH)
__Heap Leach (HL) _ Vat Leach (VL)
X Other
If none of these methods or processes are to be included in the operation then the
application fee is $1,875.
An applicant will not be issued a reclamation permit until notified by the Division that
this application and the required performance and financial warranties have been
approved. Alternatively, an automatic approval will occur where the Division fails to
notify the applicant/operator that the application has been denied. The final agency
action must be made within 120 calendar days from the date the application was
submitted. However, the performance and financial warranties must be approved by the
Division or Board before a permit will be issued even if you receive an automatic
approval. NO MINING OPERATIONS SHALL BEGIN UNTIL A PERMIT IS ISSUED (Rule 7.2(2)).
It shall ;be a provision of this permit that the operations will be conducted in
accordance with the terms and conditions listed in your application, as well as with the
provisions of the Act and the Mineral Rules and Regulations in effect at the time the
permit is issued.
-4 —
Notice Requirements
Immediately after the first publication of your notice in a newspaper of general
circulation in the locality of your proposed mining operation, you must mail a copy of
the notice to all owners of record of surface rights to the affected land and all owners
of record of lands that are within 200 feet of the boundary of the affected land.
Notice requirements are specified in Rule 2.2. A copy of a form which includes all
required information for the notice has been attached for your use. You- will need to
provide the Division proof of notice prior to the decision date, which may be by
submitting return receipts of a certified mailing or by proof of personal service
(Rule 2.2.2(6)).
NOTE TO COMMENTORS/OBJECTORS: It is likely there will be additions, changes, and
deletions to this document prior to final decision by the Mined Land Reclamation Board
or Division. Therefore, if you have any comments or concerns, you should contact the
applicant or the Division prior to the decision date so that you will know what changes
may have been made to the application document.
The Division is not allowed to consider comments, unless they are written, and received
prior to the end of the public comment period. You should contact the applicant for the
final date of the public comment period.
If you have questions about the Mined Land Reclamation Board and Division's review and
decision or hearing process, you should contact the Division at (303) 866-3567.
As an authorized representative of the applicant, I hereby certify that the operation
described herein has met the minimum requirements of the following terms and conditions:
1. This mining operation will not adversely affect the stability of any
significant, valuable and permanent man-made structure(s) located within two
hundred (200) fee of the affected lands. However, where there is an agreement that
damage to the structure is be be compensated for by the applicant/operator (C.R.S.
34-32-115(4)(d)), then mining may occur within 200 feet. Proof of an agreement
must be submitted to the Division prior to the decision date.
2. No mining operation will be located on lands where such operations are
prohibited by law (C.R.S. 34-32-115(4)(f));
3. As the applicant/operator, I do not have any mining/prospecting operations in
the State of Colorado currently in violation of the provisions of the Mined Land
Reclamation Act (C.R.S. 34-32-120) as determined through a Board finding. •
(02/92) 2823F
-5-
4. I understand that statements in the application are being made under penalty
of perjury and that false statements made herein are punishable as a.Class 1
misdemeanor pursuant to Section 18-8-503, C.R.S.
Signe and dated this X31 ay of nn QQ ''
da
Appl i
By:
Title:
State of
By:
If Cor_ ration Attest (Seal)
Co "por.4e Secretary or Equivalent'
7T own/City/County Clerk.
) ss.
County of
The foregoing instrument was acknowledged before me this :'day of a
by e t lki n U QiLf\IK as of \ 0J0. Q 2tiu L 0..
agth,t6g
Notary Public
My Commission Expires: q042//14
TABLE OF CONTENTS
List of Tables
Exhibit A - Legal Description
Exhibit B - Index Map
Exhibit C - Pre -Mining and Mining Plan Maps
Exhibit D - Mining Plan
Exhibit E - Reclamation Plan
Exhibit F - Reclamation Plan Map
Exhibit G - Water Information
Exhibit H - Wildlife Information
Exhibit I - Soils Information
Exhibit J - Vegetation Information
Exhibit K - Climate
Exhibit L - Reclamation Costs
Exhibit N - Other Permits or Licenses
Exhibit 0 - Legal Right to Enter
Exhibit P - Adjacent Landowners
Exhibit
Q -
Municipalities Within Two Miles
Exhibit R - Proof of Mailing of Notices to County
Commissioners and Soil Conservation
District
i
A-1
B-1
C-1
D-1
E-1
F-1
G-1
H-1
I-1
J-1
K-1
L-1
N-1
0-1
P-1
Q-1
R-1
Exhibit S - Proof of Filing with County Clerk
and Recorder S-1
LIST OF TABLES
Table D -1 Mining and Reclamation Timetable D-3
Table D-2 Type and Area of Disturbance D-4
Table E-1 Seed Mixture E-3
Table G-1 Permitted Water Wells G-2
EXHIBIT A - LEGAL DESCRIPTION
The NE 1/4 of Section 31, less 5.6 acres in the SW 1/4 of the NE
1/4 and the E 1/2 of the SE 1/4, Township 3 North, Range 67 West,
of the 6th P.M., Weld County, Colorado.
A-1
{
1'4
u
No+
19
O
N
SEC. 31, T3N,
b ' n/
J a.
a
/
PERMIT AREA.
Tills
OM
481) , .4o
SCALE: 1'2000'
1R67W
EXHIBIT B -I
INDEX MAP
29 _
32
.t
B-!
EXHIBIT C - PRE -MINING AND MINING PLAN MAPS
The Pre -Mining Plan map appears in conjunction with the mining plan
map on Map C- 1 .
C-1
EXHIBIT D - MINING PLAN
This will be a dry mining operation. Each phase will be dewatered
prior to commencement of that phase.
Phase I will begin at the northwest end of the property and proceed
southwest into Phase II. Topsoil will be stripped by scrapers or
end loaders and stockpiled at the location shown on the Mining Plan
Map (northwest corner of site). Sufficient topsoil will be
salvaged to allow for an a replacement depth of 8-10 inches.
No gravel processing will take place on site during Phases I and
II. Materials will be excavated with a backhoe or end loader and
hauled to the existing plant site at the adjacent Varra Companies,
Inc. Pit.
A plant site may be set up for Phases III, IV, V, and VI. If this
is the case, it will be located at the point shown on the Mining
Plan Map. Any water requirements will be supplied from the
permitted well on the adjacent site.
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 Phases I and II which is considered major
disturbance and bonded for ripping, topsoiling and revegetating.
The method of mining and equipment to be used for Phases I and II
will be the same for mining the remaining phases.
The ditch which runs west to northeast is no longer in use.
Permission has been granted for its removal, as the head gate went
out years ago and the river changed course.
Operations are expected to last 15-20 years. The size and location
of each phase is shown on Map C -l. Maximum depth of mining will
be approximately 20 feet.
The maximum amount of area to be mined during any year will be 50.7
acres in phase 1. Table D-1 illustrates the mining timetable.
The disturbances associated with each phase of mining are
classified in Table D-2 as major, moderate, and minor disturbances.
D-1
TABLE D-1
MINING AND RECLAMATION TIMETABLE
Mining
Estimated Time
Reclamation Surface
Estimated time Areas Disturbed
Phase 1 Completed Started 50.7 Acres
Phase 2 In Process Start Reclamation 7.8 Acres
Phase I in Year 2
Phase 3 4 years Start Reclamation 22.1 Acres
Phase 2 in Year 2
Phase 4 2 years In Process 38.3 Acres
Phase 5 2 years Start Reclamation of 24.2 Acres
Phase 3 immediately.
Start Reclamation of
Phase 4 at end of
Phase 5 mining.
Phase 6 3 years
Start Reclamation of
Phase 5 in Year 2 of
mining this phase.
4.1 Acres
Start reclamation of Phase 6
immediately upon completion
of mining 6.
D-2
TABLE D-2
TYPE AND AREA OF DISTURBANCE
Major Disturbances
Mined Area
— 5 Acres
Topsoil and Overburden Stripped Areas
Topsoil and Overburden Stockpiles
Moderate Disturbances
Backfilling and Grading -
Minor Disturbances
Final Grading - 2 Acres
Seeding, Mulching, and Planting
- 9 Acres
- 1 Acre
1 Acre
- 2 Acres
Depths of Material
Topsoil —Overburden
Topsoil and overburden depths vary from 0.5 feet to 7 feet with an
average depth of about 2.5 feet. See Exhibit I for a list of soils
occurring on the site.
Sand and Gravel
Depending on the thickness of topsoil -overburden, sand and gravel
deposits vary from 16-20 feet. The maximum depth to aggregate and
mining is 20 feet.
Shale -Bedrock
The stratum immediately beneath the sand and gravel is the Pierre
Shale.
D-4
EXHIBIT E — RECLAMATION PLAN
The reclamation plan is to create six ponds. The shorelines and
areas surrounding the ponds will be revegetated with native and
introduced grasses.
This type of reclamation is compatible with the site and
surrounding land area in that this is a wetland site, and open
space areas of this nature are common to the region.
This reclamation plan may reduce the potential flood hazard. The
ponds will be able to absorb and retain flood water velocity which
otherwise would be experienced by downstream structures and
residents.
The shortage of overburden and the naturally high water table also
makes it nearly impossible to backfill the site without hauling in
waste material which more than likely would not be native to the
site.
Creation of the ponds should increase the aesthetic quality and
wildlife habitat of this land area.
Implementation of the reclamation plan of the affected land as it
relates to wildlife, air, water, vegetation and soil is as follows.
Grading
Adequate overburden and topsoil will have been stockpiled during
the mining phase to allow for backfilling and grading of the
shoreline area. The overburden material will be placed and
compacted in lifts. The location of overburden and topsoil
stockpiles are illustrated on Map C -l.
The Reclamation Map E-1 illustrates the undulating pattern of the
pond shoreline which is more desirable for wildlife habitat than
a rectangular shaped pond. Grading will provide a slope of 3:1
from 5 feet above to 10 feet below the expected waterline. A 2:1
slope will transcend to the bottom of the excavation. Topsoil will
be replaced to an average depth of 8 inches. This is compatible
with the average depth of A -horizons for soils encountered during
mining.
Schedule of Reclamation
The reclamation schedule is provided in conjunction with the Mining
Plan on Table D-1. As illustrated on this table, reclamation will
be a contemporaneous procedure throughout the life of the mine.
E- 1
Permanent Revegetation
All shoreline and peripheral land areas will be fertilized, tilled,
seeded, hay/straw mulched and crimped. Prior to revegetation,
topsoil will be tested to determine fertility needs. If possible
seeding will be completed during the dormant period (October 1 -
March 15). The proposed seed mix is illustrated on Table E-1. It
was chosen for its diverse and long lasting vegetative cover.
Temporary Revegetation
Any topsoil stockpiles which are left in place for more than one
season will be seeded with a mixture of quick germinating annual
species such as annual rye, cereal grains, and perennial long-lived
species such as crested wheatgrass, western wheatgrass, etc. All
stockpiles which are seeded will also be mulched with either hay,
straw, or hydromulch.
E-2
TABLE E-1
SEED MIXTURE
Species
Blue grama
Switchgrass
Alkali sacaton
Western wheatgrass
Tall wheatgrass
Vetch (v. Americana)
Lbs. PLS/ACRE Seeds/FT.
5
1.1
.19
4.0
2.2
2.5
10.5
E-3
7.8
9.8
6.1
10.1
4.0
1.9
39.7
I
EXHIBIT F - RECLAMATION PLAN MAP
The Reclamation Plan Map appears on Map F -l.
EXHIBIT G — WATER INFORMATION
Each mining phase will be dewatered prior to excavation
commencement.
The St. Vrain 100 -year floodplain covers 90% of the permit area as
shown on the Pre —Mining Map. The floodplain limits were obtained
from Mr. William Stanton of the Colorado Water Conservation Board
as delineated by Kucera and Associates. The site will be
adequately graded to insure proper drainage from the site.
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.
Water requirements for the proposed operation include 2,000 gallons
per day for haul roads dust suppression. Based on operating 200
days per year, the requirement will be approximately 1.2 acre-feet
per year.
There will be no gravel processing on site during Phases 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, V, and VI. For the entire
operation, any water requirements will be supplied from the well
on the adjacent pit.
Permitted wells in the area are shown on Figure G-1 and listed on
the following Table G-1. These wells are not expected to be
affected by operations.
Discharge from dewatering the site will be monitored in accordance
with the discharge permit to be obtained by the operator.
Discharge will flow into the existing drainages at the locations
shown on the Mining Plan Map. Riprap spillways will be installed
at the dewatering discharge locations. After Phases I and II are
dewatered, the pump will be relocated for dewatering the remaining
phases. Both of the existing drainages are capable of handling the
water to be discharged.
s
G-1
TABLE G-1
PERMITTED WATER WELLS
Well No.
010671
033568
004619
020441
105608
105609
028980
037769
070334
OWNER
Keith Warren
Lee Gould
Gordon B. Gurley
A.A. Sheley
Terri H. Gillat
Terri H. Gillat
Fred Craig
Vernon Bone
Arthur Crow, Jr.
G-2
DEPTH
22
25
490
18
30
30
58
58
41
YIELD
15.0
28.0
20.0
14.0
15.0
15.0
28.0
20.0
20.0
EXHIBIT H - WILDLIFE INFORMATION
Currently, property is being mined on the adjacent southwest and
western boundaries. Due to past and present disturbances, impacts
on existing wildlife communities are expected to be minimal.
Typical wildlife expected to habitat the site include small
rodents, cottontail, jackrabbits, squirrels, coyotes, fox, stripped
skunks, and deer.
Avian species sighted in the area include geese, ducks, pheasants,
egrets, hawks, swallows, and sparrows.
According to the Colorado Latilong Study, threatened and endangered
species may include the White pelican, peregrin falcon, and the
bald eagle. Threatened and endangered species which have been seen
on the site are limited to the Bald Eagle.
During the operation, there will be a temporary loss of food and
habitat. After mining, the reclamation plan will alter the
existing site by providing a larger area of aquatic habitat.
Impact of any of the wildlife species is expected to be
insignificant. Ongoing adjacent mining has been occurring long
enough that any previous seasonal use has long since been
disrupted.
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.
Wildlife at the adjacent mining site have returned even as
operations are still continuing. Blue heron, ducks, geese and
various other types of birds and wildlife inhabit the site at this
time.
The Division of Wildlife has been contacted regarding the amended
permit area, and an evaluation/inspection report will be forwarded
when available.
H-1
EXHIBIT I - SOILS INFORMATION
The soils within the permit area occur on nearly level landscapes
and are generally deep, greater than 40-60 inches, and poorly
drained. The soils are underlain by gravels. The gravel averages
20 feet deep throughout the permit area.
Three different soil mapping units occur within the permit area.
They are the Altvan loam, Aquolls and Aquents (gravelly
substratum), and the Heldt silty clay. The soils map is
illustrated on Map I-1.
A detailed description of the soils mapping units as prepared by
the soil conservation office is provided below.
1- Altvan loam, 0 to 1 percent slopes. This is a deep, well
drained soil on terraces at elevations of 4,500 to 4,900 feet. It
formed in old alluvium deposited by the major rivers. Included in
mapping are small areas of soils that show evidence of poor
drainage. Also included are small, long and narrow areas of sand
and gravel deposits.
Typically the surface layer of the Altvan soil is grayish brown
loam about 10 inches thick. The subsoil is brown and light
yellowish brown clay loam and sandy clay loam about 15 inches
thick. The substratum is calcareous loamy sand about 6 inches
thick over gravelly sand.
Permeability and available water capacity are moderate. The
effective rooting depth is 20 to 40 inches. Surface runoff is
slow, and the erosion hazard is low.
This soil is used almost entirely for irrigated crops. It is
suited to all crops commonly grown in the area, including corn,
sugar beets, beans, alfalfa, small grain, potatoes, and onions.
An example of a suitable cropping system is 3 to 4 years of alfalfa
followed by corn, corn for silage, sugar beets, small grain, or
beans. The high clay content and the rapidly permeable substratum
slightly restrict some crops.
This Altvan soil has fair to good potential for urban and
recreational development. The chief limiting soil features for
urban development are the shrink -swell potential of the subsoil as
it wets and dries and the rapid permeability of the sand and gravel
substratum. Septic tank absorption fields function properly, but
in places the substratum does not contain enough fines to properly
filter the leachate. Sewage lagoons require sealing. Lawns,
shrubs, and trees grow well. Capability subclass Its irrigated.
I-1
2 — Aquolls and Aquents, gravelly substratum. This nearly level
map unit is on bottom lands and flood plains of all the major
streams in the survey area. Aquolls. which have a dark colored
surface layer, make up about 60 percent of the unit. Aquents,
which have a lighter colored surface layer, make up about 35
percent. About 5 percent is Aquepts and Bankard sandy loam.
These are deep, poorly drained soils that formed in recent
alluvium. No one pedon is typical. Commonly the soils have a
mottled, mildly alkaline to moderately alkaline loamy or clayey
surface layer and underlying material and are underlain by sand or
sand and gravel within 48 inches. In places they have a gleyed
layer in the underlying material.
Most of the acreage is subject to flooding. The water table is at
or near the surface early in spring and recede to as deep as 48
inches late in fall in some years.
These soils are used for rangeland and wildlife habitat. Some
small areas have been reclaimed by major drainage and leveling and
are used for irrigated crops.
The potential native vegetation is dominated by alkali sacaton,
switchgrass, and western wheatgrass. Saltgrass sedge, rush, and
alkali bluegrass are also prominent potential production ranges
from 3,000 pounds per acre in favorable years to 2,000 pounds in
unfavorable years. As range condition deteriorates, the
switchgrass, alkali sacaton, and western wheatgrass decrease and
saltgrass sedge, and rush increase.
These soils have good potential as a source of sand and gravel.
Capability subclass VIw; Salt Meadow range site.
3— Heldt silty clay, 1 to 3 percent slopes. This is a deep,
moderately well drained soil on plains at elevations of 4,950 to
5,050 feet. It formed in alluvial sediment derived from shale.
Included in mapping are small areas of soils that have a clay loam
or silt loam subsoil and substratum.
Typically the surface layer is light brownish gray and light
yellowish brown silty clay about 7 inches thick. The subsoil is
light brownish gray silty clay about 27 inches thick. The
substratum to a depth of 60 inches is silty clay.
Permeability is slow. Available water capacity is high. The
effective rooting depth is 60 inches or more. Surface runoff is
medium, and the erosion hazard is moderate.
In irrigated areas this soil is suited to crops commonly grown in
the area, such as corn, sugar beets, beans, alfalfa, and small
grain. The high clay content generally restricts some crops.
I-2
Most methods of irrigation are suitable, but furrow irrigation is
the most common. Proper irrigation water management is essential.
Barnyard manure and commercial fertilizer are needed for top
yields.
In non -irrigated areas this soil is suited to winter wheat, barley,
and sorghum. Most of the acreage is planted to winter wheat. The
predicted average yield is 25 bushels per acre. The soil is summer
fallowed in alternate years to allow moisture accumulation.
Generally precipitation is too low for beneficial use of
fertilizer.
Stubble mulch farming, striperopping, and minimum tillage are
needed to control soil blowing and water erosion.
The potential native vegetation is dominated by western wheatgrass
and blue grama. Buffalograss is also present. Potential
production ranges from 1,000 pounds in favorable years to 600
pounds in unfavorable years. As range condition deteriorates, a
blue grama-buffalograss sod forms. Undesirable weeds and annuals
invade the site as range condition becomes poorer.
This soil has poor potential for urban and recreational
development. Slow permeability and high shrink swell create
problems in dwelling and road construction. Capability subclass
Its irrigated, IVe nonirrigated; Clayey Plains range site.
Recommend Topsoil Salvage Plan
The surface layer of these soils averages 7-10 inches. The entire
solum averages 25-30 inches. However, for the purposes of
salvaging seed -bed quality material, it is recommended to salvage
only the surface layer.
I-3
EXHIBIT J - VEGETATION INFORMATION
Vegetation types usually follow soil boundaries as the aquoll's and
aquent's potential native vegetation is dominated by alkali
sacaton, switchgrass, and western wheatgrass. Potential production
ranges from 3,000 to 2,000 pounds per acre.
Switchgrass, western wheatgrass, alkali sacaton, tall wheatgrass,
and tall fescue are suitable for seeding. As site conditions
deteriorates, saltgrass, sedge, and rush increase.
Cottonwood trees adjacent to the St. Vrain Creek will remain. A
few trees, which are in the area to be mined as shown on the Mining
Plan Map, will be removed prior to mining and put to a beneficial
use, such as firewood.
J- 1
Estimated Annual Production
Since the vegetation production closely follows the soil type, they
are illustrated below accordingly.
1—Altvan loam
This soil is used generally for irrigated crops and some of the
average yields are Alfalfa 5 tons/acre, sugar beets 23 tons/acre,
corn 160 BU/acre., etc. Since the Altvan loam is in native grass
on site, the average production is estimated at 4,000 lbs per acre.
3—Aquolls and Aquents, Gravelly Substratum
This soil is suitable for native grass production only. Its
average production is 3,000 pounds in favorable years and 2,000
pounds in unfavorable years.
27—Heldt Silty Clay
This soil is predominantly suited for native grass production.
Production ranges from 1,000 pounds in favorable years to 600
pounds in unfavorable years.
J-2
EXHIBIT K — CLIMATE
The climatology date recorded at the Longmont 2 ESE weather station
indicates the average annual precipitation at the site is
approximately 12.6 inches per year and the annual mean temperature
is approximately 49 degrees Farenheit.
January
February
March
April
May
June
July
August
September
October
November
December
Mean/Total
Average
Monthly
27.4
31.4
35.7
46.7
57.2
65.6
72.0
69.9
61.1
50.3
37.2
30.2
48.7
K-1
Total
Precipitation
. 34
. 43
. 96
1.26
2.53
1.76
1.18
1.12
1.16
. 98
. 52
. 35
12.59
EXHIBIT L - RECLAMATION COSTS
Reclamation costs for this amendment were based upon the Mining and
Reclamation Timetable and the type and area of disturbance as
illustrated in Exhibit D. Therefore, the amount of overburden and
topsoil backfilling and grading is based upon the maximum amount
of disturbance at any give time.
Overburden Placement and Grading
(Estimate 4,625 lineal feet of shoreline.)
23,125 cubic yards @ $.35/cub,ic yard $8,093.75
Topsoil Placement and Grading
6,937.50 cubic yards @ $.80/cubic yard $5,550.00
Revegetation of Shoreline (Fertilizing, Disking, Seeding, Mulching,
and Crimping
.5 Acres @ $500/acre $ 250.00
TOTAL BOND ESTIMATE - $13,893.75
L-1
EXHIBIT N - OTHER PERMITS OR LICENSES
List of current Mined Land Reclamation Permits.
Varra Companies, Inc. Pit - Permit No. 74-52
Jenkins Pit - Permit No. 77-393
Carr Pit - Permit No. 80-2
Valmont Pit - Permit No. 81-77
Varra Companies, Inc. #3 Pit -Permit No. 81-228
Reynolds Pit - Permit No. 81-244
Henderson Industrial Pit - Permit No. 82-78
Southern Site Pit - Permit No. 82-227
Northern Site Pit - Permit No. 82-228
Pit No. 5 - Permit No. M-84-110
Weld County Special Use Permit
Varra Companies, Inc. - Permit No. SUP -248A (1985)
Colorado Department of Health Emission Permit
Varra Companies, Inc. - Permit No. 84WE198F
N-1
EXHIBIT 0 - LEGAL RIGHT TO ENTER
The Nelson family has granted Varra Companies, Inc. legal right to
enter the land area added in this amendment application.
0-1
EXHIBIT P - ADJACENT LANDOWNERS
Harold E. and LaVerna Nelson
11955 Weld County Road 15
Longmont, Colorado 80501
Gilbert P. Acord
7541 Weld County Road 26-3/4
Longmont, Colorado 80501
Varra Companies, Inc.
2130 S. 96th Street
Broomfield, Colorado 80020
Ernest R. and Wanda E. Dakolios
280 E. 64th Avenue
Denver, Colorado 80221
Thelma Altha Swarts
6856 Weld Co. Road 26
Longmont, CO 80501
Seigrist
6999 York
Denver, CO 80229
St. Vrain Sanitation
Box 978
Longmont, CO 80502
Central Weld Co. Water Dist.
2235 2nd Ave.
Greeley, CO 80631
Owens Bros.
5095 McIntyre
Golden, CO 80403
P-1
EXHIBIT Q - MUNICIPALITIES WITHIN TWO MILES
The only Municipality within two miles is the town of Gowanda.
Q-1
EXHIBIT R - PROOF OF MAILING OF NOTICES TO COUNTY COMMISSIONERS
AND SOIL CONSERVATION DISTRICT.
The notice to County Commissioners and Soil Conservation District
are found in a letter following this Exhibit.
R-1
200'3DFld 8LPZ SSP EOE
L l: 0 l 26. 8 AtlW
NOTICE OF FILING APPLICATION
FOR COLORADO MINED LAND RECLAMATION PERMIT
FOR REGULAR (112) OPERATION
NOTICE TO flit SOAR OF COUNTY COMMISSIONERS
COUNTY
1 nr(Operator) has applied for a reclamation permit from
the Colorado mihed' nd Reclamation Board ("the Board") to conduct mining
operations in U_ -1i" - County. The attached information is being
provided to notify you of tne location and nature of the proposed operation.
The
entire
application is on
file with
localcounty clerkand
the
Mined
recorderReclamation
Division
The applicant proposes to reclaim the affected land to 1-4- rage'(c--•
Pursuant to C.R.S. 34-32-116(7)(S) the Board is required to confer with the
local Board of County Commissioners before approving of the post —Brining land
use. Accordingly, the Board would appreciate your comments on the proposed
operation. Please note that. in order to preserve your right to a hearing
before the Board on this application, you must .submit written comments on the
application within twenty (20) days of the date of last publication of notice
pursuant to C.R.S. 34-32.112(10).
If you would tike to discuss the proposed post.mintng land use, or any other
issue atgiondDivition,this a1313cSheormanplease
Streit, Roomtthe Colorado Mined Land
21E, Denver, Colorado 110203,
Reclamation
(303) 866-3667.
NOTE TO OPERATOR: You must attach a copy of the application form to this
notice. If this ssatattach acomplete and
change sly filed olkcation accurateyou
must either attach & COPYof thechanges, ora
description of the change.
1301!-1 •
Received by:
• Deputy Jerk to Board
Weld County
ZOd
isiii"S*L[ S3.LV.L K!!3.LS3M*
rtivL t 8 '8 0 'S 0
** TOTAL PAGE.002 **
"° 44 =M
NOTICE OF FILING APPLICATION
FOR COLORADO MINED LAND RECLAMATION PERMIT
FOR REGULAR (112) OPERATION
NOTICE TO THE BOARD OF SUPERVISORS
OF THE LOCAL SOIL CONSERVATION DISTRICT
�-o 5 rnn r L DISTRICT
Varra eonnpan►es, Inc. (Operator) has applied for a reclamation permit from
the Colorado Mined Land Reclamation Board ("the Board") to conduct mining
operations in Weld County. The attached information is being
provided to notify you of the location and nature of the proposed operation.
The entire application is on file with the Colorado Mined Land Reclamation
Division ("the Division") and the local county clerk and recorder.
The applicant proposes to reclaim the affected land to eneral rtaricwl ,�.rai
Pursuant to C.R.S. 34-32-116(7)(j) the Board is require to confi r with the
local Soil Conservation Districts before approving of the post -mining land
use. Accordingly, the Board would appreciate your comments on the proposed
operation. Please note that, in order to preserve your right to a hearing
before the Board on this application, you must submit written comments on the
application within twenty (20) days of the date of last publication of notice
pursuant to C.R.S. 34-32-112(10).
If you would like to discuss the proposed post -mining land use. or any other
issue regarding this application, please contact the Colorado Mined Land
Reclamation Division, 1313 Sherman Street, Room 215, Denver, Colorado 80203,
(303) 866-3567.
NOTE; TO OPERATOR: You must attach a copy of the application form to this
notice. If this is a notice of a change to a previously filed application you
. must either attach a copy of the changes, or attach a complete and accurate
description of the change.
1307F-4 (:-4CAA-r-e-r34 �,
EXHIBIT S - PROOF OF FILING WITH COUNTY CLERK AND RECORDER.
The proof of filing with the County Clerk and recorder is found in
a letter following this document.
S-1
MAY 8 '92 16:59 PAGE.001
?00'l d 134Z 53t' COC ZS:9T Z6, 8 AdW
VELD COUNTY CLERK TO TEE BOARD
8y signing below, I acknowledge receipt of the 112 Permit
Application Amendment from Yarra Companies, Inc. for the Dakolioa
F
Construction Companyla Sand and Gravel Mine this
1992.
day of
Chenoweth and Associates, on behalf cf Varra Companies, Inc. is
submitting a copy of this application to you in compliance with
Colorado Mined Land Reclamation Division Rules and Regulations that
all adjacent land owners are kept informed of future development
activity.
By:
Titles
pd Hvanov M.1.3 ZA34t DsIdt S = 40 ZB '90 'SO
** TOTAL PAGE.001 **
AFFIPAITTT OF INTEREST OWNERS
SURFACE ESTATE
Application, No.
Subject Property
SATE OF COLORADO
COUNTY OF WELD
Nelson Property - NE4 and the Ez of the SE of Section 31,
Township 3 North, and Range 67 West.
ss.
THE UNDERSIGNED, being first duly sworn, states that to the best of his
or her knowledge, the attached list is a true and accurate list of the
names, addresses, and the corresponding Parcel Identification Number
assigned by the Weld County Assessor of the owners of property (the surface
estate) within 500 feet of the property which is the subject of the
application. This list was compiled from the records of the Weld County
Assessor, an ownership update from a title or abstract company, derived from
such records, or from the records of the Weld County Clerk and Recorder.
The list compiled from the records of the Weld County Assessor shall have
been assembled within 30 days of the application submission date.
The foregoing instrument was subscribed and sworn to before me this
da of
, 1911, by
WITNESS my hand and official seal.
My Commission expires: 3
Notary Public
AFFIDAVIT OF INTEREST OWNERS
MINERALS AND/OR SUBSURFACE
Application Nu.
Subject Property
Nelson Property - NE4 and the E1/2 of the SE4 of Section 31,
Township 3 North, and Range 67 West
STATE OF' COLORADO )
)
COUNTY OF WELD
SS.
THE UNDERSIGNED, being first duly sworn, states that to the best of his
or her knowledge, the attached list is a true and accurate list of the names
and addresses of all mineral owners and lessees of minerals on or under the
parcel of land which is the subject of the application as their names appear
upon the records in the Weld County Clerk and Recorder's Office, from an
ownership update from a title or abstract company, or an attorney.
The foregoing instrument was subscribed and sworn to before me this
day of FeiDu.. -LL. , 19 93_, By -l�-t ✓4_'{ (
Cay e
WITNESS my hand and official seal.
My Commission expires:
Notary Public
NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET
Please print or type
NAME
ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL
STATE AND ZIP CODE IDENTIFICATION #
Harold E. & LaVerna Nelson 11955 Weld County Road 1209-31-0-00-026
Longmont, CO 80501
Varra Sand & Gravel, Inc. 2130 South 96th Street 1209-31-0-00-049
Broomfield, CO 80020
Seigrist Construction Company 6999 York Street 1209-31-0-00-054
Denver, CO 80229
St. Vrain Sanitation District Box 978 1209-31-0-00-055
Longmont, CO 80502
Owens Brothers Concrete Co. 5095 McIntyre Street 1209-32-0-00-027
Golden, CO 80403
Joseph T., Jr. & Judith Timko 7095 Weld County Road 26 3/4 1209-32-0-00-028
Longmont, CO 80501
Gilbert P. Acord 7541 Weld County Road 26 3/4 1209-32-0-00-029
Longmont, CO 80501
Robert 0. Nelson
7497 Weld County Road 26 1209-32-0-00-032
Longmont CO 80501
Richard & Margaret Vogl 7250 Weld County Road 26 1311-05-0-00-020
Trustees Etal Longmont, CO 80501
James M & Dolores L. French 6600 Weld County Road 26 1311-06-0-00-024
Longmont, CO 80504
Alex D. Ferrington 11843 Weld County Road 15 1311-.0.6=9I=0.71.52
Longmont, CO 80504
PAGE 1 OF 2
NAMES OF OWNFRS OF PROPERTY WITHIN 500 FEET
Pleace print or type
NAME
ADDRESS, TOWN/CITY, ASSESSOR'S PARCEL
STATE AND ZIP CCDE IDENTIFICATION #
Central Weld County Water 2235 2nd Avenue 1311-06-0-00-054
District Greeley, CO 80631
Thelma Aitha Swarts
6856 Weld County Road 26 1311-06-0-00-055
Longmont, CO 80501
PAGE 2 OF 2
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VARRA COMPANIES, INC
cM.ft IMERMIT R'N-74-o$?
AMENDMENT APPLICATION NO. 2
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REFERRAL LIST
NAME: Varra Companies, Inc. CASE NUMBER: AmUSR-248
REFERRALS SENT: May 1, 1997 REFERRALS TO BE RECEIVED BY: May 22, 1997
COUNTY TOWNS and CITIES
Attorney Ault
X Health Department Brighton
Extension Service Broomfield
Emergency Management Office Dacono
Sheriff's Office Eaton
X Public Works Erie
— Housing Authority Evans
Airport Authority f X Firestone
Building Inspection Fort Lupton
Frederick
STATE Garden City
X Division of Water Resources _ Gilcrest
Geological Survey Greeley
Department of Health Grover
Department of Transportation Hudson
Historical Society Johnstown
Water Conservation Board Keenesburg
j X Oil and Gas Conservation Commission Kersey
Division of Wildlife La Salle
FIRE DISTRICTS Lochbuie
Ault F-1 _ Longmont
Berthoud F-2 N./ X Mead
Briggsdale F-24 Milliken
Brighton F-3 New Raymer
Eaton F-4 Northglenn
Fort Lupton F-5 Nunn
Galeton F-6 Pierce
Hudson F-7 Platteville
Johnstown F-8 Severance
La Salle F-9 Thornton
X Mountain View F-10 Windsor
Milliken F-11
Nunn F-12 COUNTIES
Pawnee F-22 Adams
Platteville F-13 Boulder
Platte Valley F-14 Larimer
Poudre Valley F-15
Raymer F-2 FEDERAL GOVERNMENT AGENCIES
Southeast Weld F-16 J X US Army Corps of Engineers
Windsor/Severance F-17 USDA -APHIS Veterinary Service
Wiggins F-18 Federal Aviation Administration
Western Hills F-20 Federal Communication Commission
OTHER
`1. X Central Colo. Water Conservancy Dist.
X Panhandle Eastern Pipe Line Co.
X Tri-Area Planning Commission
SOIL CONSERVATION DISTRICTS
Brighton
Fort Collins
Greeley
X Longmont
West Adams
COMMISSION/BOARD MEMBER
,/ X Marie Koolstra
6
WIiDc.
COLORADO
Weld County Referral
May 1, 1997
The Weld County Department of Planning Services has received the following item for review:
Applicant Varra Companies, Inc. Case Number AmUSR-248
Please Reply By May 22, 1997 Planner Kerri Keithley
Project A Site Specific Development Plan and an Amended Special Review permit for a sand and
gravel mining operation in the A (Agricultural) Zone District.
Legal The E2 SE4 of Section 31, T3N, R67W of the 6th P.M., Weld County, Colorado.
Location West of Weld County Road 15, north of Weld County Road 26.
Parcel Number 120931000026
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full
consideration to your recommendation. Any response not received before or on this date may be deemed to be a
positive response to the Department of Planning Services. If you have any further questions regarding the application,
please call the Current Planner associated with the request.
Weld County Planning Commission Hearing (if applicable) June 17, 1997
U We have reviewed the request and find that it does / does not comply with our Comprehensive Plan
❑ We have reviewed the request and find no conflicts with our interests.
U See attached letter.
Comments:
Signature Date
Agency
*Weld County Planning Dept. ♦1400 N. 17th Ave. Greeley, CO. 80631 x(970) 353-6100 ext.3540 +(970) 352-6312 fax
WUDc.
iatitral
COLORADO
MEMORANDUM
TO: Referral Agencies May 1, 1997
From: Kerri D. Keithley, Current Planner
SUBJECT: Background information on AMUSR-248
On March 18, 1993, Varra Companies, Inc. applied for an Amendment to a Special Use Permit
(AMUSR-248) for a sand and gravel mining operation on the NE4 and E2 SE4 of Section 31, T3N,
R67W of the 6th P.M., Weld County, Colorado. At the Planning Commission hearing on April 20,
1993, the Planning Commission voted unanimously that the hearing be continue indefinitely to allow
time for the applicant to address the concerns of the State of Colorado, Division of Water
Resources, St. Vrain and Left Hand Water Conservancy District, and Central Colorado Water
Conservancy District. The applicant is now requesting that AMUSR-248 be re -heard on the June
17, 1997 Planning Commission hearing.
Due to the 4 year time lapse on the case, the Department of Planning Services is re -submitted the
information and request for review by your referral agency. If you have any questions, please do
not hesitate to call me at (970) 353-6100 ext. 3540. Thank you for your time reviewing this request.
Weld County Referral
De
COLORADO
The
Weld County Department of Planning Services has received the following item for review:
Case Number AmUSR-248
Varra Companies, Inc.
ApplicantPlanner Kern Keithley
Please Reply By
May 22, 1997
A Site Specific Development Plan and an Argyll dZd Spec
p ci l Review permit for a sand and
gravel mining operation in the A (Agricultural) ncultu
The E2 SE4 of Section 31, T3N,
ct.
R67W of the 6th P.M., Weld County, Colorado.
Legal
Location
West of Weld County Road 15, north of Weld County Road 26.
Parcel Number 120931000026
give full
u
submitted to you for review and recommendation.reply by the above e comments st d date so hat we myg recommendation you
the application relevant is be demayd ivto be a
response not received before or on this date may
consider to this request would be appreciated. Please ref> ,
consideration eso s your recommendation. Any I
Department of Planning Services. If you have any further questions regarding the application,
positive response to the D f
please call the Current Planner associated with the request.
Weld County Planning Commission Hearing (if applicable)
June 17, 1997
U We have review
ed the request and find that it does / does not comply with our Comprehensive Plan
/-� no conflicts with our interests.
)7K.We have reviewed the request an.. find
May 1, 1997
U See attached letter.
Comments:
Date
Signature
Agency
(9701 353-6100 ext.3540 •(970) 352-6312 fax
*Weld County Planning Dept. +1400 N. 17th Ave Greeley, CO. 80631 x
x35!13/1997 n8:48
97x5:�?5L-i997
TOIoN OF MEAD
PAGE 01
tio&f(?\:Tig
•
COLORADO
The Weld County Department of Planning Services has received the following item for review.
Case Number AmUSR-248
Applicant
Please Reply By
Project
Legal
Location
Varra Companies, Inc.
Planner Kern Keithley
May 2, 1g97 _ —
tfic Develo ment Plan and an Amended Special Review permit for a sand and
A Site 5p P ricultural) Zone District.
gravel mining operation in the '°` (Ag Weld County, Colorado.
The E2 SE4 of Section 31, 13N, R67W of the 6th P_M.,
West of Veld Count'' Road 15, north of Weld County Road Zb.
Weld County Referral
May 1, 1997
Parcel Number 120931000026
.., .. , Any comments or rc�omn,endatxr?Ve ou
full Tcoo ides application an is this
to youwould for prrent recommendation_
reply by the above listed date so that we may give request he app y
wonder relevant to this response not received before or on this date may be deemed t be a
consideration s yourrecommendation.
Department
i Planning Serices- If you have any further questions regarding the application,
positive response to the DePart'nerit of
please call the Current Planner associated with the request.
June 17, 1997
Weld County Planning Commission Hearing (if applicable.) ! with our Comprehensive Plan
la We have reviewed the request and find that it does / does not comply
omp ti'
We have reviewed the request and find no conflicts with cur interests.
X
L:1 See attached letter.
CornmerltS
Signature
Agency
♦Weld County Planning Dept. •14
Date
17th Ave_. Greeley, CC) $063144970) 353-6100 ext.3540 a►(970) 352-6312 fax
05/13/97 07:51
TX/RX NO.7277
P.001
•
Weld County Referral
May 1, 1997
IiiDe
COLORADO
The Weld
County Department of Planning Services has received the following item for review:
Case Number AmUSR-248
Applicant Varra Companies, Inc. Kerni Keithley
Planner
Please Reply By
May 22, 1997
Site Specific Development Plan and an Amended lc,SDistrict.
Review permit for a sand and
Project A (Agricultural) gravel mining operation in the A (Af, y Colorado.
Legal
The E2 SE4 of Section 31, T3N, R67W of the 6th P.M., Weld Count
Location West of Weld County Road 15,
north of Weld County Road 26.
120931000026 w
Parce� Number
you
comments or recommendation full
I by the e date that we may i
The consider application is submitted tto would d for arppreciated. ted. Please replyew and recommendation. Any
be deemed to be a
Any response not received before or on this date may he application,
be a
relevant to this request be app questions regarding the { t
consideration eo s your recommendation
further q
�r associated with the request.
positive response to the Department of Planning Services. If you have and
please call the Current Planner
Weld County Planning Commission Hearing (if applicable)
June 17, 1997
❑ We have reviewed the request and find that it does / does not comply with our Comprehensive Plan
We have reviewed the request and find no conflicts with our interests.
U See attached letter.
Comments:
Date
Signature
Agency
•Weld County Planning Dept ♦1400 N
17th Ave. Greeley, CO. 80631 •(970) 353-6100 ext.3540 ♦(970) 352-6312 fax
Weld County Referral
1LK
COLORADO
eld County Department of Planning Services has received the following item for review:
ThE:+W
Case Number AmUSR-248
Itcant Varra Companies, Inc. Kerni Keithley
APP Planner
Please Reply By
May 22, 1997 for a sand and
e _t A Site Specific Devel'onnfil the A(Agricultural) and an Amen�I) Zon{�ded SDisir �ltRcwiew permit
Prot gravel mining operat
The E2SE4ofSection 31,73N,
R67W of the 6th P.M., Weld County, Colorado.
Legal
Location
West of Weld County Road 15, north of Weld County Road 26.
Parcel Number 120931000026
give full
by the Any c mm date or that m ndy oo be a
submitted to you for review and recommendation. Any comments recommendation you
The ....—
consider application is be deemed
response not received before or on this date may to e a
consider relevant to this request would be appreciated. Please reply
ponsiver e consideration s your Department
Planning
Any Services. If you have any
further questions regarding the app
positive response to the Department of Planning
please call the Current Planner associated with the request.
Weld County Planning Commission Hearing (if applicable)
June 17, 1997
U We have reviewed the request and find that it does / does not comply with our Comprehensive Plan
U We have reviewed the request and find no conflicts with our interests.
May 1, 1997
See attached letter.
Comments:
Date
Signature
Agency
+Weld County Planning Dept. +1400
N. 17th Ave. Greeley, CO. 80631 ♦i9701 353-6100 ext.3540 +(970) 352-6312 fax
f;E
Wfk
COLORADO
MEMORANDUM
TO: Kerri Keithley, Current Planner DATE: May 19, 1997
FROM: Don Carroll, Project Administrator
SUBJECT: AmUSR-248, Varra Companies, Inc.
The Weld County Public Works Department has reviewed this proposal; the following comments
are recommended to be a part of any approval:
Haul Route: The designated haul route for the existing gravel pit operation is in place, and the
access point is from WCR 13 either north or south from that location. No heavy hauling will be
allowed on WCR 26 or WCR 15 adjacent to the amended USR property. The applicant has
provided a Weld County Access information sheet identifying that location. If the applicant would
like to enter into a Road Maintenance and Improvements Agreement to utilize either WCR 26 or
WCR 15, it needs to be in place prior to hauling on either of these roads.
Permits: The applicant has included the amended (112) Mining and Geology State Permit.
Set Backs: The applicant should adhere to all state and county requirements on set backs from
the roads, ditches, and rivers.
cc: Commissioner Harbert
AmUSR-248 file
planl5
Road File 11
RE:
APPENDIX B
WELD COUNTY ROAD ACCESSINFORMATION SHEET
Other Case No.
Weld County Public Works Department
933 North 11th Avenue, P.O. Box 758, Greeley, CO 80632
Phone: (970 )356-4000, Ext. 3750 Pax: (970) 352-2863
Date: 25 April 1997
1. Applicant Namc Varra Companies, Inc. Phone (303) 666-6657
Address 2130 -96th Street City Broomfield State CO Zip 80020
2. Address or location of access Weld County Roads 26 and 15 (see below) .
Section, 31 Township 3 North Range 67 West
Subdivision none — rural location Block N/A
Weld County Road N below.Lot N/A
Side of Road below Distance from nearest intersection see below.
3. Is there an existing access to the property? Ycs X No II of accesses 3 from County roads.
4. Proposed Usc:
O Permanent O Residential/Agricultural O Industrial Sand & Gravel
RI Temporary O Subdivision O Commercial fa Other
5. Site Sketch
Legend for Access Description:
ARG = Argricultural
RES = Residential
O&G = Oil Sc Gas
D.K. = Ditch Road
1) ARG = 2550' to intersection
2) RES = 300' to intersection
3) O&G = 1250° to intersection
4) Access from DMG Amendment 1 site.
5) Access from DMG Von Ohlen site.
NOTE: Primary movement of material
during extraction will utilize
access point #5 going West along
the North boundary of the Von Ohlen
site to the existing Dakolios plant
identified as point #6.
A
**************************************************************.*******************************************
OFFICE USE ONLY:
Road ADT Date Accidents Date
Road ADT Date Accidents Date
Drainage Requirement Culvert
Size Length
Special Conditions
***********************************************************************************************************
O Installation authorized ❑ Information Insufficient
Reviewed By: Title:
m:wpGlcs\cnginccrlacccss
MEMORANDUM
WIDc.
COLORADO
TO: Referral Agencies May 1, 1997
From: Kerri D. Keithley, Current Planner
SUBJECT: Background information on AMUSR-248
On March 18, 1993, Varra Companies, Inc. applied for an Amendment to a Special Use Permit
(AMUSR-248) for a sand and gravel mining operation on the NE4 and E2 SE4 of Section 31, T3N,
R67W of the 6th P.M., Weld County, Colorado. At the Planning Commission hearing on April 20,
1993, the Planning Commission voted unanimously that the hearing be continue indefinitely to allow
time for the applicant to address the concerns of the State of Colorado, Division of Water
Resources, St. Vrain and Left Hand Water Conservancy District, and Central Colorado Water
Conservancy District. The applicant is now requesting that AMUSR-248 be re -heard on the June
17, 1997 Planning Commission hearing.
Due to the 4 year time lapse on the case, the Department of Planning Services is re -submitted the
information and request for review by your referral agency. If you have any questions, please do
not hesitate to call me at (970) 353-6100 ext. 3540. Thank you for your time reviewing this request.
11111k.
COLORADO
June 9, 1997
Carl Mount
Division of Mineral and Geology
1313 Sherman Street, Room 215
Denver, Colorado 80203
DEPARTMENT OF HEALTH
1517 16TH AVENUE COURT
GREELEY, CO 80631
ADMINISTRATION (970) 353-0586
HEALTH PROTECTION (970) 353-0635
COMMUNITY HEALTH (970) 353-0639
FAX (970) 356-4966
Re: Complaint at Dakolios Pit-Varra Companies, Inc.
Dear Mr. Mount:
On Friday, June 6, 1997, I discussed a complaint with Gregg Squire which the Weld County
Planning Department had received concerning non -inert fill being disposed at the Dakolios
Pit (DMG Permit M84-036) in Weld County. Mr. Squire indicated that I should submit the
complaint in writing to you.
I personally observed this situation on June 6, 1997. Based upon visual observation of the
site I estimated that several hundred yards of tree trunks and tree limbs were being
disposed at this site. It was apparent, from observing partially covered wastes, that this
practice has been occurring for some time.
Our Department requests that you investigate this complaint at your earliest convenience. I
have attached a map of the approximate location where I observed the wastes being
disposed. I would gladly accompany you or one of your staff on an inspection.
If you have any questions, please do not hesitate to call me at (970) 353-0635, extension
2232.
Sincerely,
Trevor Jiricek
Supervisor
Environmental Protection Services
tj\660
cc: Kerri Keithley, Weld County Planning Department
Julie Chester, Weld County Planning Department
WINk
COLORADO
MEMORANDUM
TO: Kerri Keithley, W.C. Planning DATE: May 29, 1997
FROM: Sheble McConnellogue, W.C. Health Department
CASE NUMBER: Amended USR-248 NAME: Varra Co. Inc.
Environmental Protection Services has reviewed this proposal; the following conditions are
recommended to be part of any approval:
1. All liquid and solid wastes shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
2. Any applicable Emission Permits shall be obtained from the Air Pollution Control Division,
Colorado Department of Public Health and Environment for fugitive dust and odors. The
facility shall operate in accordance all emission permits.
3. No permanent disposal of wastes shall be permitted at this site.
4. The maximum permissible noise level shall not exceed the industrial limit of 80 db (A), as
measured according to 25-12-102, Colorado Revised Statutes.
5. The restroom facilities located on the Dakolois site shall be available for employees operating
this site. In the event future toilet facilities are provided, port -a -potty units are acceptable.
6. The facility shall obtain (or amend, if appropriate) a NPDES Permit from the Water Quality
Control Division of the Colorado Department of Public Health and Environment.
7. Fugitive dust shall be controlled on site. A dust abatement plan shall be submitted to the health
department for approval prior to operation. The facility shall have sufficient equipment available
to implement the dust control as required by the health department.
8. The applicant shall remove, handle, and stockpile overburden, soil, sand and gravel from the
facility area in a manner that will prevent nuisance conditions.
9. If applicable, the facility shall obtain and operate in compliance with a stormwater discharge
permit from the Colorado Department of Public Health and Environment, Water Quality Control
Division.
10. The Environmental Protection Services Division of the Weld County Health Department was
unable to locate a septic permit for the septic system located at 12071 WCR 15. Any existing
septic system(s) which is not currently permitted through the Weld County Health Department
must be permitted. Each unpermitted septic system will require and I.S.D.S Evaluation prior to
the issuance of the required septic permit(s). In the event the system(s) is found to be
inadequate, the system(s) must be brought into compliance with current I.S.D.S. regulations.
11. Reclamation and backfilling activities shall comply with all requirements and recommendations
of the Division of Minerals and Geology. Only inert materials, as defined by the Regulations
Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2), shall be used to backfill
the site.
May 20, 1997
MuUNTAIN VIEW FIRE PROTEC . iON DISTRICT
Administrative Office:
9119 County Line Road • Longmont, CO 80501
(303) 772-0710 Metro (303) 666-4404 FAX (303) 651-7702
Ms. Kerri D. Keithley, Current Planner
Weld County Planning Department
1400 North 17th Avenue
Greeley, CO 80631
I have reviewed the submitted material pertaining to the Amendment to a Special Use Permit for the Varra
Companies, Inc. (AMUSR-248), located west of Weld County Road 15 and north of Weld County Road
26. The proposed gravel operation is within the boundaries of the Mountain View Fire Protection District
and receives service from the District. The Fire District has no objections to the project if the requirements
of the District can be met.
The Fire District has adopted the 1994 Edition of the Uniform Fire Code and the activities of the gravel
operation will be covered by this Code. The principal applications of the Code to a gravel operation will
be for tank installations for flammable or combustible liquids, fueling operations, vehicle repair, welding,
and any use of hazardous materials. Tanks installed for flammable or combustible liquid storage or
dispensing, either temporary or permanent, need to be installed in accordance with the requirements of the
Code and plans for the installation must be reviewed and approved by the Fire District prior to installation.
We appreciate being involved in the planning process. Should you have any questions, please contact me
at 772-0710.
Sincerely,
LuAnn Penfold
Fire Marshal
LMP/lp
cc: project file
Ip05.05.97
Station 1
9119 Cnty Line Rd.
Longmont. CO
80501
file
Station 2
10971 WCR 13
Longmont. CO
80504
Station 3
P.O. Box 575
299 Palmer Ave
Mead, CO 80542
Station 4
P.O. Box 11
8500 Niwot Road
Niwot. CO 80544
Station 5
10911 Dobbin Run
Lafayette, CO
80026
Station 6
P.O. Box 666
600 Briggs
Erie, CO 80516
Station 7
PO.Box 40
100 So. Forest St.
Dacono, CO 80514
STATE OF COLORADO
OFFICE OF THE STATE ENGINEER
Division of Water Resources
Department of Natural Resources
1313 Sherman Street, Room 818
Denver, Colorado 80203
Phone (303) 866-3581
FAX (303) 866-3589
May 7, 1997
Ms. Kerri Keithley
Current Planner
Weld County Planning Department
1400 N. 17th Ave.
Greeley, CO 80631
Roy Romer
Governor
James S. Lochhead
Executive Director
Hal D. Simpson
State Engineer
Re: Varra Companies Inc. Site Specific Development Plan and Amended
Special Review
Dear Ms. Keithley:
Pursuant to the State Engineer's August 7, 1995 memorandum to county planning
directors (copy enclosed for your information), this office is no longer providing comments
on land use actions that do not involve a subdivision as defined in Section 30-28-
101(10)(a), C.R.S. This referral does not appear to qualify as a "subdivision." Returned
herewith are the materials submitted to this office in the above referenced matter.
If you have any questions in this matter, please contact Megan Sullivan of this
office.
Sincerely,
lJ
Puruslibttam Dass
Supervising Professional Engineer
PD/MAS
Enclosures
cc: Richard Stenzel, Division Engineer
varrartn.doc
.4.4:4 3
op
May 1,1997
•
COLORADO
The Weld
County Department of Planning Services has received the following item for review:
Case Number AmUSR-248
Please Reply By May 22,
Applicant Varra Companies, Inc. Kerri Keithley
planner
}997 hl—,
Site Specific Development Plan and an Amended �� e District.
s ial tr ctReview permit for a sand an
Project A p (Agricultural) gravel mining operation in the A (Ag Colorado.
The E2 SE4 of Section 31, T3N, R67W of the 6th P.M., Weld Road County,
Legal north of Weld County
West of Weld County Road 15,
Location .-----,�.............�.w.�-..•.....-.......""
Parcel Number 120931000026
..V..'W'..""..,. ...............................
00W„
you for review and recommendation. Any comments or recommendation you
by the Any c lmm date sthat e may full
The consider applicationt is submitted to be deemed giveo be u a
consideration ito to this request would n appreciated. Phase reply application,
Services. If you have any further questions regarding the app
pse sto your recommendation. Any response not received before or on this date may
positive response to the Department of Planning
please call the Current Planner associated with the request.
Weld County Planning Commission Hearing (if applicable) June 17, 1997
request and find that it does / does not comply with our Comprehensive Plan
❑ We have reviewed the re q
❑ We have reviewed the request and find no conflicts with our interests.
XSee attached letter.
Comments:
c�.
Weld County Referral
Date
,irr
Signature
Agency
Weld County Planning Dept. 41400 N.
17th Ave. Greeley, CO. 80631 4(970) 353-6100 ext.3540 4(970) 352-6312 fax
A 7FN il)N OF
.,,
�:� PS OF Ivs_aLJt K RF.: DiCTp f;C,r.
11. STATE ': 12
LEI ON R A 1 ;',',(3123-43901
May 19, 1997
Ms. Kerri Keithley
Weld County Department of Planning Services
Weld County Administrative Offices
1400 North 17th Avenue
Greeley, Colorado 80631
RE: Varra Companies, Inc., Weld Co. Case No. AmUSR-248,
Corps File #199380175
Dear Ms. Keithley:
Reference is made to the Varra Companies, Inc. sand and gravel mining operation
located in the Southeast 1/a of Section 31, Township 3 North, Range 67 West, Weld
County, Colorado.
The project has been reviewed in accordance with Section 404 of the Clean Water
Act under which the U.S. Army Corps of Engineers regulates the discharge of dredged
and fill material, and any excavation activity associated with a dredge and fill project, in
waters of the United States such as streams and wetlands. Based on the plans presented,
this project will not require a Department of the Army (DA) permit.
Although a DA Permit will not be required for the project, this does not eliminate
the requirement that other applicable federal, state, tribal, and local permits be obtained if
needed.
If there are any questions concerning this letter, please call Mr. Terry McKee of
at 303-979-4120.
Sincerely,
Timot T. Carey
Project ager
ftzt
WIDc
COLORADO
MEMORANDUM
TO: Planning Commissioners
From: Kerri D. Keithley, Current Planner
SUBJECT: AMUSR-248, Varra Co.
June 10, 1997
The Department of Planning Services is requesting a continuance of case number AMUSR-248. On
May 27, 1997, staff received a letter from the property owner indicating that no gravel lease was
executed with the applicant, Varra Co., for the property in question (E2 SE4 of Section 31, T3N,
R67W). Due to the disparity between the applicant and the property owner, Staff is recommending
that AMUSR-248 be continued until such time that the Varra Co. submits evidence to the
Department of Planning Services and the County Attorneys Office that they have legal right to mine
said property.
16
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4799
a
SURROUNDING PROPERTY OWNERS AND/OR
SUBSURFACE ESTATES/INTEREST OWNERS
VARRA COMPANIES, INC.
AMUSR-248
Nelson, Harold E. & La Verna
11955 Weld County Road 15
Longmont, CO 80504
Pan Energy Field Services, Inc.
c/o M.C. Valuations
P.O. Box 32189
Fort Worth, TX 76113-3218
Snyder Oil Corporation
c/o Ken E. Andrews & Co.
P.O. Box 489
Seagoville, TX 75159
Rademacher, Louis J. & Frances J.
13184 Weld County Road 13
Longmont, CO 80501
Acord, Gilbert P.
7541 Weld County Road 26-3/4
Longmont, CO 80501
Timko, Joseph T. Jr. & Judith A.
7095 Weld County Road 26-3/4
Longmont, CO 80501
Owens Bros, Concrete Co.
5550 Sheridan
Arvada, CO 80002
Nelson, Robert O.
7497 Weld County Road 26
Longmont, CO 80501
Varra Companies, Inc.
2130 S. 96th Street
Broomfield, CO 80020
St. Vrain Sanitation District
515 Kimbark Street, #109
Longmont, CO 80501
Biella, Richard A. & Linda A.
6254 Weld County Road 26
Longmont, CO 80501
French, James M. & Dolores L.
6600 Weld County Road 26
Longmont, CO 80504
Swarts, Thelma Altha
6856 Weld County Road 26
Longmont, CO 80504
Central Weld County Water Disrict
2235 2nd Avenue
Greeley, CO 80631
Chase, Jennifer M.
11843 Weld County Road 15
Longmont, CO 80504
Vogl, Richard James & Johnny Edward
7250 Weld County Road 26
Longmont, CO 80504
CERTIFICATE OF MAILING
I hereby certify that I have placed a true and
correct copy of the surrounding property
owners and owners and lessees of minerals in
accordance with the notification requirements of
Weld County in Case Number AmUSR-248 in
the United States Mail, postage prepaid First
Class Mail by letter as addressed on the
attached list this 7th day of May, 1997.
Tammie Pope
AFFIDAVIT OF INTEREST OWNERS
SURFACE ESTATE
Application No. US1 24 8
Subject Property A portion of Parcel # 120931000026 Weld County, Colorado
r
located predominantly in the EZSE4, Sec. 31, T3N, R67W, 6th P.M.
THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and accurate list of
the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor
of the owners of property (the surface estate) within 500 feet of the property being considered. This list was
compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company,
or an attorney. The list compiled from the records of the Weld County Assessor was assembled within thirty days
of the application's submission.
3.
Signature
15
M
S
12
NERAL AND
IBSERFACE RIGHTS
0931000026
11955 Weld County Road 15
Longmont, CO 80504
...........................................
ASSESSOR'S
:PARCEL:
1RENTIFICATION #
Nelson, Harold E. & La Verna
120931000026
Pan Energy Field Services, Inc.
c/o M.C. Valuations
P.O. Box 32189
Fort Worth, TX 76113-3218
120931000026
Snyder Oil Corporation
do Ken E. Andrews & Co.
UTILITY NOTIFICATION
CENTER OF COLORADO
LIST OF CONTACTS RE
120931000026
AT & T
P.O. Box 489
Seagoville, TX 75159
2535 East 40th Avenue
Denver, CO 80205
800 252 1133
120931000026
TELEPHON
Kelly Cable
7000 North Broadway
Building 4, Unit 400
Denver, CO 80221
303 430 8392
KN Gas Gathering Company
635 North 7th
Brighton, CO 80601
323 Denver Avenue
Fort Lupton, CO 80621
1855 S. Flatirons Court
Boulder, CO 80301-2039
1331 17th Street
Denver, CO 80202
303 659 5922
United Power
303 659 0551
U.S. West Communication
ATTN: Joel
303 441 7204
Public Service Company
303 571 3733
Patina Oil & Gas
804 Grand Avenue
Plattville, CO 80651
P.O. Box 187
Fort Lupton, CO 80621
Drawer G
Berthoud, CO 80513
303 939 8585
AMOCO Production
303 894 6630
Little Thompson Water Dist.
970 532 2096
Weld County Department of
Engineering
Last Chance Ditch Company
933 North 11th Avenue
Greeley, CO 80631
do Harold E. Nelson
11955 Weld County Road 15
Longmont, CO 80504
11955 Weld County Road 15
Longmont, CO 80504
P.O. Box 32189
Fort Worth, TX 76113-3218
970 356 4000
303 776 2336
Nelson, Harold E. & La Verna
120931000026
Pan Energy Field Services, Inc.
do M.C. Valuations
120931000026
Snyder Oil Corporation
do Ken E. Andrews & Co.
P.O. Box 489
Seagoville, TX 75159
120931000026
Weld County Special Review - USR 248 - Varra Companies, Inc. - Del Camino
Pit - Amendment #2 - DMG Permit M74-052. 2
NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET
J
J
J
J
J
NAME
ADDRESS TOWN/C TY
STATE AND ZIP CODE
Sec. 30, Township 3 North, Range 67 West, 6th P.M.
Rademacher, Louis J. & Frances
J.
ASSESSOR`S
PARCEL
IDENTIFICATIO
N#
13184 Weld County Road 13
Longmont, CO 80501
13184 Weld County Road 13
Longmont, CO 80501
7541 Weld County Road 26 3/4
Longmont, CO 80501
120930000040
Rademacher Farms LTD Liability
Co.
120930000035
Acord, Gilbert P.
120930000009
Sec. 29, Township 3 North, Range 67 West, 6th P.M.
Acord, Gilbert P.
7541 Weld County Road 26 3/4
Longmont, CO 80501
120929000025
Sec. 32, Township 3 North, Range 67 West, 6th P.M.
Acord, Gilbert P.
7541 Weld County Road 26 3/4
Longmont, CO 80501
7095 Weld County Road 26 3/4
Longmont, CO 80501
5550 Sheridan
Arvada, CO 80002
120932000029
Timko, Joseph T. Jr. & Judith A.
120932000028
Owens Bros. Concrete Co.
120932000027
Nelson, Robert O.
7497 Weld County Road 26
Longmont, CO 80501
120932000032
Sec. 31, Township 3 North, Range 67 West, 6th P.M.
Nelson, Harold E. & La Verna
11955 Weld County Road 15
Longmont, CO 80504
2130 South 96th Street
Broomfield, CO 80020
120931000026
Varra Companies, Inc.
120931000049
120931000051
Varra, Pasquale & Jacqueline N.
2130 South 96th Street
Broomfield, CO 80020
120931000054
St. Vrain Sanitation District
515 Kimbark Street, #109
Longmont, CO 80501
120931000055
Sec. 6, Township 2 North, Range 67 West, 6th P.M.
Biella, Richard A & Linda A.
6254 Weld County Road 26
Longmont, CO 80501
6600 Weld County Road 26
Longmont, CO 80504
6856 Weld County Road 26
Longmont, CO 80504
2235 2nd Avenue
Greeley, CO 80631
11843 Weld County Road 15
Longmont, CO 80504
131106000060
French, James M. & Dolores L.
131106000024
Swarts, Thelma Altha
131106000055
Central Weld County Water
District
131106000054
Chase, Jennifer M.
131106000052
Sec. 5, Township 2 North, Range 67 West, 6th P.M.
Vogl, Richard James & Johnny
Edward
7250 Weld County Road 26
Longmont, CO 80504
131105000020
Weld County Special Review - USR 248 - Varra Companies, Inc. - Del Camino
Pit - Amendment #2 - DMG Permit M74-052. 1
mg c.
COLORADO
May I 199/
1O: SURROUNDING PROPERTY/MINERAL OWNERS
CASE NUMBER: AmUSR-248
DEPARTMENT OF PLANNING SERVICES
PHONE (970) 353-6100, EXT.3540
FAX (970) 352-6312
WELD COUNTY ADMINISTRATIVE OFFICES
1400 N. 17TH AVENUE
GREELEY, COLORADO 80631
There will be a Public Hearing before the Weld County Planning Commission on Tuesday, June 17, 1997, at 1:30
p.m., in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street,
Greeley, Colorado concerning the request of:
NAME: Varra Companies, Inc.
FOR: A Site Specific Development Plan and an Amended Special Review permit for a sand and gravel mining
operation in the A (Agricultural) Zone District.
LEGAL DESCRIPTION: The E2 SE4 of Section 31, T3N, R67W of the 6th P.M., Weld County, Colorado.
LOCATION: West of Weld County Road 15, north of Weld County Road 26
Your property is within five -hundred (500) feet of the property on which this request has been made or you may have
an interest in the minerals located under the property. For additional information write or telephone Kerri Keithley,
Current Planner.
Comments or objections related to the above request should be submitted in writing to the Weld County Department
of Planning Services, 1400 N. 17th Avenue, Greeley, Colorado 80631, on or before the date of public hearing.
tm
1.O
dA
-n
CD
0 n
w CI)
CD
!97
owner's consent to Varra Companies, Inc.'s
ur property is located in the E iz of the
gravel lease was executed with Varra
want it mined.
special use permit review.
AFFIDAVIT OF INTEREST OWNERS
MINERALS AND SUBSURFACE ESTATE
Application No. USR 2 4 8
Subject Property A portion of Parcel # 120931000026 Weld County, Colorado
located predomipantly in the EZSE*, Sec. 31, T3N, R67W, 6th P.M.
THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a
true and accurate list of the names and addresses of all mineral owners and lessees of mineral owners on or under
the parcel of land under as their names appear upon the records in the Weld County Clerk and Recorder's Office
or from an ownership update from a title or abstract company or an attorney.
3.�T
Signature
13
ricy—TN-1a'? 1 =37 ()APRA [_IINPRNIES I NC:.
EE
P.R77,
SAND & GRAVEL MINING LEASE
1. PARTIES. The parties to this Lease are HAROLD E. NELSON and LAVERNA
J. NELSON ("Lessor") and VARRA COMPANIES, INC., a Colorado corporation
("Lessee").
2. RECITALS AND PURPOSE. The Lessor is the owner of real property in
Weld County, Colorado, described on Exhibit A. Lessee operates sand,
gravel and associated activities and desires to lease the property
described on Exhibit A from the Lessor for the purpose of mining sand,
gravel, topsoil and their constituents, and conducting its associated
activities. The Lessor desires to lease the property to the Lessee upon
the terms and conditions hereinafter set forth.
Therefore, the purpose of this Lease is to set forth the terms and
conditions of the Lease between the parties.
3. CONSIDERATION. This Lease is executed by the parties for and in
consideration of the royalties, terms, covenants, conditions and agree-
ments of the other party as herein set forth. Each party agrees that the
consideration given is good, valuable and sufficient.
4. LEASED PREMISES. The property subject to this Lease consists of the
real property described on Exhibit A, which is hereinafter referred to as
the "premises."
5. TERM. The term of this Lease shall be for ten years, beginning on
the date hereof and ending on the tenth anniversary. All obligations of
the Lessee with respect to the reclamation of the leased premises shall
be completed within the term of the Lease.
6. USE AND POSSESSION OF THE PREMISES. The Lessor hereby grants to the
Lessee the exclusive right to prospect, mine and remove sand, gravel,
topsoil and other minerals art, associated materials from the premises
during the term of this Lease. Furthermore, the Lessee shall have the
right to conduct related and incidental activities in association with
its mining operation. The Lessee shall be entitled to possession of that
portion of the leased premises necessary for conducting its mining
operations and shall further be permitted to use a reasonable amount of
the surface of the property for related activities, including, but not
limited to the construction of scale houses and offices, the installation
of scales, the maintenance of stockpiles, crushing facilities, screening
facilities and washing plants, a concrete batch plant, an asphalt hotmix
plant, and equipment parking, maintenance and storage facilities. The
Lessee shall not make any use of the property which is contrary to
applicable zoning regulations or contrary to the provisions of any
permits issued. Lessee's possession of the leased premises is expressly
subject to existing roads and ditches and existing oil and gas leases and
rights and obligations relating thereto. Lessor agrees to consent to any
reasonable rezoning not detrimental to the value of its property. The
Lessor reserves the right to use all portions of the leased premises not
necessary for the Lessee's activity and the Lessor shall at all times
have the right of access to the areas being used by the Lessee for
purposes of inspection. In the event the Lessor uses the surface for the
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MAY -30-1997 12-. 8
VAPPA CCNFNNIES INC. !?E6 6743 P.04
grazing of livestock, the Lessor will be responsible for fencing live-
stock out of the area where mining and related operations are taking
place and the Lessee will not be responsible for injuries suffered by
livestock in the area where mining operations are being conducted. The
Lessor shall not engage in any activity, including the running of
excessive irrigation water, through or near to Lessee's operations as to
unreasonably interfere with Lessee's operations.
Upon termination of the Lessee's right to possession of the premises,
upon request by the Lessor, the Lessee shall give to the Lessor a
quitclaim deed or other appropriate document relinquishing all interest
in the leased premises. Any sand and gravel removed from its natural
state and stockpiled shall be the property of Lessee, subject to the
payment of royalty upon removal from the Property. All material shall be
removed within the time for completing reclamation and any material not
removed within that time shall be forfeited to the Lessor.
Lessee expressly agrees to mine the premises in an orderly fashion,
removing all commercially saleable sand and gravel from areas being mined
before moving to another area. The Lessor's intent is that the Lessee
remove all sand and gravel to its full depth on all property where mining
is commenced and not to waste sand or to use it to backfill excavations,
unless otherwise agreed to in writing by the Lessor.
7. ROYALTY.
a. As consideration for this Lease, the Lessee agrees to pay to
the Lessor a royalty for all sand and gravel (which may include as
much topsoil as is necessary to market gravel products and/or to
bring sand and gravel products to acceptable specifications) removed
from the premises equal to 35 cents per ton. The royalty shall be
adjusted upward annually, with the first adjustment to be made on
the anniversary of this Lease in 198G, by a percentage which shall
be the percentage increase in the Consumer Gravel Index over the
previous year.
b. The Lessee further agrees to pay to the Lessor a royalty of 25%
of the proceeds of all gold or other precious metals, sold from the
premises, provided, however, that the Lessee shall be under no
obligation to conduct any special activities for the recovery of
precious metals.
c. Topsoil, other than that required to market gravel products
and/or to bring sand and gravel to acceptable specifications, shall
be sold only with Lessor's prior consent and the Lessor shall be
paid a royalty of 10Z of the sales price.
d. Royalties for sand and gravel shall be due and payable in
arrears on or before the 10th day of the second month after the sand
and gravel removed from the premiseshas been sold (for example, the
royalty for sand and gravel removed from the premises sold in
January shall be due and payable on or before March 10). The amount
of material removed shall be based upon weight and Lessee shall
weigh all material removed from the premises. In order to permit
the Lessor to verify the amount of material removed, the Lessee's
2
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TX/RX NO.7442 P.004
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T1AY-30-1997 12=3S UAP°P COMPANIES INC.
666 5743 P.O3
books and records relating to its activities under this Lease shall
be open to inspection by the Lessor, or its representatives,at all
reasonable times provided that the inspection shall be conducted at
the Lessor's sole expense and shall not unreasonably interfere with
the Lessee's ongoing business activities. If an inspection of the
Lessee's books and records shows that prior royalty payments were
inaccurate, adjustments and payments shallr, a made by the Lessor or
the Lessee, as the case may be, within 6j0i ys after the review of
the Lessee's books and records or afte' eceipt of such survey to
correct royalty payments.
e. Royalties for precious metals or other materials removed from
the premises shall be paid as sales occur.
f. The Lessee shall pay, as advance royalty, the sum of $10,000.00
simultaneously with the execution of this Agreement. The advance
royalty shall be credited against royalties in excess of $17,500,00
due annually. In the event the mining permits are denied, the
advance royalty previously paid shall be refunded to the Lessee.
g. The Lessee further guarantees minimum royalties of $12,000.00
for each year during the term of this Lease (years will consist of
12 calendar months beginning on the date of this Lease issued and on
each anniversary thereafter;. If, at the end of any year, royalties
paid to the Lessor, including advance royalties credited, are less
than the minimum royalty, Lessee shall pay the difference to the
Lessor with the following month's royalty payment.
h. Lessee shall be entitled to sell and remove from the
premises all sand and gravel for which royalties have been paid
without payment of additional royalties and without affecting
royalty rates for subsequent years. For example, if in year one
following issuance of permits, the Lessee sells and removes less
gravel than he is entitled to remove based upon the $1.10700.00
minimum royalty, the Lessee shall be entitled to sell and remove thes
remainder of the material to which it is entitled by virtue of
having paid the minimum royalty, in subsequent years without
additional royalties being due and the material previously paid for
shall not be considered as production during the subsequent year.
8. PERMITS. The Lessee agrees to apply for all permits necessary to
obtain legal permission to conduct its operations and shall submit
applications for permits to Weld County and the State of Colorado within
120 days after the signing of this Lease. Thereafter, the Lessee agrees
to pursue the approval of such applications with reasonable diligence.
Lessor shall cooperate in all efforts to obtain permits.
All costs relating to the application shall be paid by the Lessee. All
information gathered and work product developed by the Lessee shall be
available for review and inspection by the Lessor.
9. RECLAMATION OF AREA TO BE MINED. As part of the permit process
described in the preceding paragraph, the Lessee will be required to
prepare a plan of reclamation for the area to be mined. The Lessee
agrees to consult with the Lessor in the preparation of the reclamation
3
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TX/RX NO.7442 P.005
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MAY -30-1997 12:Z,9 t:!RRRA (_[MPRN I EE INC.
Ged; x_=.743 P.05
plan and, to the extent economically practical, to incorporate features
in the plan desired by the Lessor. The Lessor may not unreasonably
reject the plan but may req. re reasonable alterations in the plan so
long as the alterations t�f qt increase the cost to the Lessee of
carrying out the plan. If th 'Lessor rejects the plan as submitted, the
Lessee may promptly rescind this Agreement or submit further plans. If
the rejection was unreasonable and, therefore, in violation of this
Lease, the Lessee may also pursue such other remedies as may be available
to it. The reclamation plan agreed upon by the parties, and as finally
approved by the various regulatory agencies reviewing it during the
permit process (and the Lessor agrees to consent to the reasonable
alterations required by such agencies) shall be signed by the parties and
shall thereafter be complied with by the Lessee and at the Lessee's
expense. The reclamation of the property shall be completed in accor-
dance with the reclamation plan within one year from the date of comple-
tion of mining.
10. WATER RIGHTS. The Lessor will provide any ditch or water rights
which are required to compensate other water users for the effect of the
mining operation or reclamation plan upon water rights of others. The
Lessee will not be responsible to the Lessor, or its tenants, successors
or assigns, for any injury to land, livestock or crops resulting from a
lowering of the water table during mining operations or thereafter. The
Lessor further agrees to provide reasonable quantities of raw water, when
available, as needed for Lessee's processing activities and for dust
control.
11. INSURANCE. At all times that Lessee is in possession of the
premises, it will maintain in force a public liability and property
damage insurance policy naming the Lessor as an insured and having limits
of not less than $1,000,000.00 per accident for personal injury and
$500,000.00 property damage.
12. MERCHANTABLE TITLE. The Lessor agrees to furnish an abstract of
title, certified to date, or a title insurance commitment showing that
the Lessor has good and merchantable title to the sand and gravel in, on
and under the premises, and the right to allow the Lessee to mine it. The
Lessor further agrees to obtain the consent of lienholders, if such
consent is determined by Lessee to be required. The abstract, if
furnished by the Lessor, shall remain the property of the Lessor, but
will be made available to the Lessee at any time and from time to time
during the term of this Lease.
13. ACCESS TO THE PREMISES. The Lessee shall have the right to use all
existing roads and railroad crossings for access to the premises. The
Lessor agrees to obtain written approval of other persons entitled to use
these roads or railroad crossings for the Lessee's use.
14. INDEMNITY AGAINST CLAIMS OF OTHERS. The Lessee shall fully indem-
nify and hold the Lessor harmless from any demand, claim or cause of
action for personal injury, death or property damage brought against the
Lessor by a person or entity not a party hereto and not a successor,
assignee, grantee, employee or tenant of the Lessor, arising out of or
connected with any operations or activities conducted or performed
4
05/30/97 11:08
TX/RX NO.7442 P.006
•
MAY-.7Ei-1997 12:,-.39 l!APP'A COMPANIES INC
:.
E5 x5743 P.07
hereunder by the Lessee or its successors, tenants, agents, employees, or
assigns. As an aid to understanding the foregoing language, it is stated
that the indemnity is not intended to protect the Lessor or the Lessor's
successors, assigns, grantees, employees or tenants from the consequences
of the mining operations contemplated herein, but rather is intended to
protect the Lessor against litigation and claims brought by unrelated
parties and arising out of those operations. The obligation to indemnify
shall not include payment of the Lessor's attorneys' fees to long as the
Lessee provides competent counsel to represent the Lessor in the action.
The Lessee shall have full control of any litigation covered by the
indemnity, with right to settle or compromise, and the Lessor shall
cooperate fully in any such litigation, settlement or compromise. The
Lessor shall give the Lessee written notice of the assertion against the
Lessor of any matter covered by the indemnity, promptly after such
assertion is first made. Nothing in this paragraph shall diminish the
Lessor's express obligations contained under other paragraphs of this
Lease.
15, TAXES AND ASSESSMENTS. The Lessor shall be responsible for the
payment of all real property taxes and assessments levied during the term
hereof and for all assessments on ditch and water rights associated with
the premises. The Lessee shall pay, before they become delinquent, all
taxes and assessments levied against personal property owned or leased by
it, all sales or inventory taxes and all payroll taxes relating to its
operations on the premises.
16. NOTICES. Any notice required or permitted by this Agreement shall
be in writing and shall be deemed to have been sufficiently given for all
purposes if sent by certified or registered mail, postage and fees
prepaid, addressed to the party to whom such notice is intended to be
given at the address set forth below, or at such other address as has
been previously furnished in writing, to the other party or parties. Such
notice shall be deemed to have been given when deposited in the U.S.
Mail.
17. INTEGRATION AND AMENDMENT. The parties agree that this Agreement
represents the entire agreement between them and that there are no oral
or collateral agreements or understandings of any kind or character
whatsoever except those set forth herein. Neither this Agreement nor any
term or provision hereof, may be changed, waived, discharged or termin-
ated orally, or in any manner other than by instrument in writing signed
by the parties. In the event that any term or provision of this Agree-
ment shall be held invalid or unenforceable, no other provision of this
Agreement shall be affected by such holding, and all of the remaining
provisions of this Agreement shall continue in full force and effect.
18. BINDING EFFECT AND ASSIGNMENT. This Agreement shall inure to the
benefit of, and be binding upon, the parties, and their respective legal
representatives, successors and assigns. The Lessee shall have the right
to assign this Lease provided, however, that no assignment shall relieve
the Lessee of its obligations hereunder.
5
05/30/97 11:08
TX/RX NO.7442 P.007
•
MAY -30-1997 12:40 l?ARPA COMPANIES INC.
666 6?4C F'. O8
DATED:
LESSEE:
VARRA COMPANIES, INC., a Colorado
corporation
STATE OF COLORADO )
) ss.
COUNTY OF BOULDER )
LESSOR:
Harold E. Nelso
cl
LaVerna J. Nelson
•
'
Subscribed and rn tobefore me this /3. day of 4 '. '
19 ; as President Va
by of aril. Com-
pan s, Inc;
5� O1 � � 1��`f7'`'''r
i
Witness my hand end official seal.
My commission expires:MMMY l.Giii^isslr1 Expsres Feb-
No r uba. Tic ' ! _
STATE OF COLORADO )
) ss.
COUNTY OF BOULDER )
Subscribed and sworn to before me this Al day of
19 , by Harold E. Nelson and LaVerna J. Nelson.
Witness my hand and official seal.
My commission expires:
t c;,v--1,111's Expires Fed. 1, 1989
WHG:mj
6
05/30/97 11:08
TX/RX NO.7442 P.008
•
MAY -30-1997 12:40
I?APPA COMPANIES INC
MINING LEASE
EEE 5743 P.in
NAME AND ADDRESS OF LESSOR
HAROLD & LAVERNA J. NELSON
11955 WELD COUNTY ROAD #15
LONGMONT, COLORADO 80501
NAME AND ADDRESS OF LESSEE
VARRA COMPANIES, INC.
A COLORADO CORPORATION
2130 SOUTH 96TH STREET
BROOMFIELD, COLORADO 80020
AMENDMENT TO ITEM #5 (TERM OF LEASE)
This agreement for good and sufficient consideration by which the original
Agreement of the parties is being amended to provide for an extension of term
of original lease which is February 13, 1985 thru February 12, 1995 a period
of ten years. Lessee requests an additional term of ten years extending
from February 13, 1995 thru February 12, 2005. By signatures of Lessor & Lessee
this extension is consummated.
All other terms and conditions shall remain the same as set forth in the
original Sand & Gravel Mining Lease.
fYY
DATED: p[��...f� �. f' , 1989
LESSEE
VARRA COMPANIES, INC., a Colorado
Corporation
STATE OF COLORADO
}
)ss.
COUNTY OF BOULDER
Subscribed and sworn to before me this fks
1989, by C. VAR_R. ✓-
as President of
Witness my hand and official seal.
My commission expires: / 2/cr7/9ID—
STATE OF COLORADO
COUNTY OF BOULDER
)
)ss.
LESSOR:
HAROLD E. NELSON
LAVERNA J. NELSON,
day of L -G J6 <
Varra Companies, Inc.
Notary Publ
Q9-]
Subscribed and sworn to before me this .40 day of Abel
1989, by Harold E. Nelson and LaVerna J. Nelson.
Witness my hand and official seal.
My commission expires: ._ - /e7
XII
Notary rubl i c
JL a&r.C-L_
TOTAL P.1O
05/30/97 11:08
TX/RX NO.7442 P.010
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